MEMORANDUM

To: City Council

From: David J. Deutsch
City Manager

Subject: Off-Site Tree Conservation Easement Area
Former Old Collington Road Right-of-Way/Holiday Lane
Resolution #R-31-02

Date: May 2, 2002
______________________________________________________________________________

General Background
The adoption of the County's Woodland Conservation/Tree Preservation Ordinance in the late 1980's provided local governments across the County a means by which to effectively deal with forest mitigation. Typically, during subdivision review of a development proposal, a Tree Conservation Plan (TCP) is negotiated between the applicant and the M-NCPPC Environmental Planning staff. By County standards, when a site of one acre or larger is proposed to be cleared for land development, a TCP must first be approved by the County Planning Board before a County building permit can be issued. When on-site mitigation cannot be achieved, an applicant is required to mitigate off-site. Upon determination that off-site mitigation is necessary, the TCP has a companion Mitigation Plan that is negotiated in the TCP preparation process. The burden is on the applicant to locate a receiving site, preferably within the County.

In November 2000, the City Council adopted a Forest Mitigation Sites Policies and City-owned Properties Inventory. The forest mitigation policies and inventory were prompted by the reoccurring need for public agencies and/or private persons developing land in the Bowie area to mitigate off-site in compliance with the County's Woodland Conservation/Tree Preservation Ordinance (WC/TPO). Staff was aware of several situations where a public agency/private person could not locate a mitigation site within the same watershed or general vicinity where the tree loss was to occur. In what staff considered several worst-case scenarios, applicants had to resort to off-site mitigation in an adjacent county. Based on these scenarios, Planning staff inventoried City-owned properties that were predominantly unforested or partially forested, and where the long-term intention of the City was that these particular sites were not intended for future development by the City as CIP projects. Seven sites were prioritized on a "preferred list" as readily available for forest mitigation (Attachment 1). Council adopted ten policies for implementation by staff when an off-site mitigation need was pending (see Attachment 2). By Council action, the top four sites on the inventory of preferred sites are held in 'reserve' for the City's future forest mitigation needs. Seven procedures were included in the adoption of the Forest Mitigation Sites Policies and City-owned Inventory for staff use on a case-by-case situation (see Attachment 3).

The subject site is the first to be applied to the Forest Mitigation Sites Policies and City-owned Properties Inventory. Two other possible off-site forest mitigation proposals on City properties are undergoing preliminary review. By City policy, Council must review and approve a forest mitigation plan on City-owned property. Council approval then enables the City Manager to sign a corresponding resolution for the identified City-owned property where the forest mitigation is to take place as a Mitigation Plan within the County's WC/TPO.

Site Specific Background
The Willows is an approved 2/3-story, 79-unit market-rate senior apartment project located on a 4.33-acre parcel of land. The site of The Willows is situated at the terminus of Enfield Chase Court (formerly Evergreen Parkway) and is known as the PT-1 parcel (Attachment 4). The Specific Design Plan (SDP) for The Willows was recommended for approval by the City Council on September 5, 2000 and was approved by the Prince George's County Planning Board on September 21, 2000. Since not all of the tree mitigation required for the project could be accommodated on-site, a condition of the SDP approval was for the developer to work with the City and Park and Planning staffs to find property off-site to the meet woodland conservation requirements. The project requires a total 1.21 acres of woodland conservation; 0.87 acres of this requirement are being provided on The Willows property in the form of preservation and reforestation; 0.34 acres are needed off-site to be provided in the form of afforestation. Applying adopted City criteria resulted in the selection of the former Old Collington Road/Holiday Lane property for afforestation (Attachment 5). Those criteria include: the selected site being within the same sub watershed as the project; the site being within the same watershed boundary as the project; and, the site being within the City limits. The site chosen meets all of these criteria. It should be noted that while this site is not on the City's "preferred" list, it was, at time on a "secondary" list of sites. However, a third list of sites, less than one acre in area was created; the subject parcel is on that list.

A community informational meeting to discuss the selected site for afforestation was held on October 29, 2001. One Heather Hills resident, curious about the proposal, attended the meeting. None of the property owners abutting the subject site were present at the meeting.

A Tree Conservation Plan (TCP) has been approved for this site by the Park and Planning Commission and includes 85 trees planted in a random distribution pattern. Seven species of native trees are provided on the TCP and include Red Maples, Sycamores, and Pin, Red and Willow Oaks. The City's Division of Parks and Grounds has approved the species of trees to be planted. Signs will be installed around the perimeter of the planting area identifying it as an "Afforestation Project".

Recommendation
Given that: the site selected for The Willows off-site afforestation is consistent with adopted City policy; an approved TCP exists for the site; native trees are being planted on the property; and, no residents objected to the use of the property of the former roadbed for afforestation, staff recommends that the City Council adopt Resolution #R-31-02 authorizing the City Manager to execute the attached Woodland Conservation Easement.

Attachments

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Resolution #R-31-02

RESOLUTION
OF THE CITY COUNCIL OF BOWIE, MARYLAND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED OF EASEMENT WITH THE MACQUILLIAM (BOWIE) FAMILY TRUST AND INVESTMENTS UNLIMITED GENERAL PARTNERSHIP FOR A TREE CONSERVATION EASEMENT ON A PORTION OF CITY-OWNED PROPERTY SITUATED IN THE FORMER ROADBED AND RIGHT-OF-WAY OF MD ROUTE 197, SOUTHEAST OF HOLIDAY LANE IN THE CITY OF BOWIE

WHEREAS, the City of Bowie is the owner of a parcel of real property, denoted as the former roadbed and right-of-way of MD Route 197, intersecting and southeast of Holiday Lane, as shown on a plat of street dedication entitled "Plat of Street Dedication, Holiday Lane, Bowie New Town Center and is recorded among the Land Records of Prince George's County, Maryland in Plat Book NLP 131 as Plat Number 74 and located in the City of Bowie, Maryland; and,

WHEREAS, on November 3, 2000 the City Council of the City of Bowie adopted Policies for the Use of City-Owned Property for Forest Mitigation; and,

WHEREAS, The MacQuilliam (Bowie) Family Trust and Investments Unlimited General Partnership are the owners of a 4.33-acre property located on Enfield Chase Court in the City of Bowie, Prince George's County, Maryland, identified as Parcel PT-1, Grid B-3, Map 55, as shown on the Tax Maps for Prince George's County; and,

WHEREAS, the aforementioned PT-1 property received a favorable recommendation from the City Council on September 5, 2000 and approval from the Prince George's County Planning Board on September 21, 2000 for an amended Comprehensive Design Plan (#CDP-8504/02) and Specific Design Plan (#SDP-0003, including TCP-II/53/00) for a 79-unit senior market-rate rental apartment project known as "The Willows"; and,

WHEREAS, since not all of the tree mitigation required for the apartment project could be accommodated on-site, a condition of approval of #SDP-0003 was for the developer to work with the City and Park and Planning staffs to find property off-site to the meet woodland conservation requirements; and,

WHEREAS, the apartment project requires a total 1.21 acres of woodland conservation, with 0.87 acres of this requirement being provided on The Willows property in the form of preservation and reforestation and 0.34 acres being needed off-site and being provided in the form of afforestation; and,

WHEREAS, the City and The MacQuilliam (Bowie) Family Trust and Investments Unlimited General Partnership mutually desire to establish a Woodland Conservation Easement Area for afforestation for a 0.34-acre area on the aforementioned City-owned property; and,

WHEREAS, the City-owned site selected for The Willows off-site afforestation is consistent with adopted City policies as they relate to Forest Mitigation; and,

WHEREAS, the Maryland-National Capital Park and Planning Commission (M-NCPPC), Environmental Planning Section, Prince George's County, Maryland has approved a Type II Tree Conservation Plan (TCP-II/126/01) for the 0.34-acre afforestation area.

NOW THEREFORE BE IT RESOLVED, that the Council of the City of Bowie, Maryland authorizes the City Manager on behalf of the City to execute the Deed of Easement with The MacQuilliam (Bowie) Family Trust and Investments Unlimited General Partnership for a Woodland Conservation Easement Area for an area of 0.34 acres of City-owned property in the former roadbed and right-of-way of MD Route 197.

INTRODUCED AND PASSED by the Council of the City of Bowie, Maryland at a meeting on May 6, 2002.

__________________________
G. Frederick Robinson, Mayor

_____________________________
Pamela A. Fleming, City Clerk

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