HomeMy WebLinkAbout9D - Ordinance Amendment related to Tree Preservation ti
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4646 Dakota Street SE
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CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 10, 2014
AGENDA #: 9D
PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
PRESENTED BY: DAN ROGNESS
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTIONS
1107.2102 AND 1107.2105 OF THE PRIOR LAKE CITY ORDINANCE
RELATED TO TREE PRESERVATION AND RESTORATION
DISCUSSION: Introduction
The purpose of this agenda item is to consider ordinance amendments to
Subsection 1107.2100 (Tree Preservation and Restoration) related to tree
removal from vacant property greater or equal to two and one -half acres, or non -
vacant property equal to or greater than ten acres.
History
Some time ago property owners in the community decided to clear cut their
heavily wooded properties. In both cased the properties were comparatively
small at about five to ten acres. At the time the city believed that its tree
preservation ordinance provided adequate incentives against such action. We
were wrong. So at the council's direction, the city staff has been discussing
possible amendments to the Zoning Ordinance in order to address the removal
of significant trees on vacant property. As stated above, currently, someone
can clear trees from vacant land that is not part of a subdivision or zoning
application.
Current Circumstances
The Planning Commission discussed this proposed amendment on November
4th and directed staff to schedule a public hearing. The public hearing was
opened on December 2 at which time the Commission asked staff to provide
additional information as follows: (1) a map showing property in Prior Lake that
may be subject to this new ordinance; and (2) examples from other communities
that address similar tree removal standards. The hearing was continued on
December 16th, but staff requested another continuation in order to complete
more research. The public hearing was closed on January 6, 2014 with a
recommendation from the Planning Commission to amend this ordinance.
Conclusion
A map is attached showing all vacant parcels in Prior Lake with a size greater
than 2.5 acres, both excluding publicly and SMSC owned property; a comparison
map also shows vacant parcels greater than 1.0 acre. The property highlighted
in red gives a general picture of property that may be subject to the new
ordinance provision as potential "woodlots ". Some of the properties are
association -owned parcels surrounding townhomes (Deerfield), some are
outlots for storm water detention (The Wilds), and some are undeveloped
commercial property (Fountain Hills). Although the public hearing notice related
first to vacant property greater than one -half acre, staff felt that size included too
many small parcels. Therefore, staff proposed, and the Planning Commission
agreed, that a recommendation should include parcels greater than or equal to
2.5 acres. The map also includes non - vacant property greater than or equal to
10 acres in order to capture the farmstead or rural -type property existing in Prior
Lake.
Shakopee also included a similar provision in its Tree Management ordinance in
April of 2013. It added "Woodland Alteration" as a new category subject to a
permitting requirement, which includes property of 2.5 or more acres in size
where "any cutting, removal or killing of more than 10% of the significant trees
will occur".
The Planning Commission is recommending that the amendment would define
a "woodlot" to be: Vacant property, including any parcel of land or any adjacent
parcels of land in common ownership greater than or equal to 2.5 acres with at
least 25 significant trees, or non - vacant property greater than or equal to 10
acres with at least 50 significant trees. Public and SMSC Trust property is
exempt.
The proposed Ordinance amendments to Subsection 1107.2100 are intended to
preserve mature trees throughout Prior Lake, whether it be as part of land
development or non - development. City staff believes this ordinance amendment
will benefit the public and accomplish purposes defined in the City's
Comprehensive Plan and Zoning Ordinance.
ISSUES: The City has experienced situations in the past whereby property owners clear
mature trees from vacant land without having that property be part of a
development or subdivision proposal. An example is nearly 4 acres along CSAH
21 between Duluth and West Avenues (see attachment). If the city has a public
interest in tree removal through the development process, then it should have
the same public interest on property that is not going through that process.
In the case of amendments to the formal text of this Ordinance:
• There is a public need for the amendment, or
• The amendment will accomplish one or more of the purposes of this
Ordinance, the Comprehensive Plan or other adopted plans or policies
of the City, or
• The adoption of the amendment is consistent with State and /or Federal
requirements.
1. There is a public need for the amendments.
The proposed ordinance amendments are intended to preserve mature trees
to the greatest extent possible throughout Prior Lake. The public benefits
from trees for reasons related to the environment and to quality of life.
2. The amendments will accomplish one or more of the purposes of this
Ordinance, the Comprehensive Plan, or other adopted plans or policies
of the City.
2
This amendment will help accomplish a goal of the 2030 Comprehensive
Plan under Environmental and Natural Resource Protection. The stated
objective is to "provide for conservation and protection of the natural
environment ".
3. The adoption of this amendment is consistent with State and/or federal
requirements.
These amendments are consistent with federal and state requirements
related to preserving environmental quality.
The proposed revisions have been reviewed by the city attorney's office.
Assuming that the city council adopts these revisions staff will place articles
in city and privately owned publications in an effort to inform.
ALTERNATIVES: 1. Adopt an ordinance amending Subsections 1107.2102 and 1107.2105 of the
Zoning Ordinance, as may be further amended by Council.
2. Deny adopting an ordinance amending Subsections 1107.2102 and
1107.2105.
3. Table or continue discussion of the item for a specific purpose.
RECOMMENDED Staff recommends a motion and second to support Alternative #1.
MOTION:
ATTACHMENTS: 1. Proposed ordinance amendments (showing additions and deletions).
2. Site showing tree removal on vacant land in Prior Lake.
3. Maps showing both vacant parcels greater than 1.0 and greater than 2.5
acres, including non - vacant parcels greater than 10 acres; public and
SMSC properties are not highlighted.
O1 PRip
C
u 4646 Dakota Street SE
Prior Lake, MN 55372
4 fNNESOl P
CITY OF PRIOR LAKE
ORDINANCE NO. XXX -XX
AN ORDINANCE AMENDING SUBSECTION 1107.2100 OF THE PRIOR LAKE CITY ORDINANCE
1. The City Council of the City of Prior Lake does hereby ordain that Subsection 1107.2100, Tree Preservation and
Restoration, of the Prior Lake Zoning Ordinance is hereby amended as follows:
1107.2102 Application : Add the following new item to the list:
➢ Vacant property, including any parcel of land or any adjacent parcels in common ownership greater than or
equal to two and one -half (2.5) acres with at least twenty -five (25) significant trees, or non - vacant property
greater than or equal to ten (10) acres with at least fifty (50) significant trees. Public and SMSC Trust property
is exempt. ( "Woodlot").
1107.2105 Tree Preservation Permit Process. Add the following new paragraph under (2):
(2) Allowable Tree Removal
f. Woodlots. A woodlot alteration application shall be submitted to the Zoning Administrator for review prior
to removal of any significant trees on a woodlot that is not being reviewed by another application. Up to
35% of the total dbh inches of all significant trees may be removed without replacement or restitution.
Failure to submit and receive an approved woodlot alteration application before removal of any trees may
result in a two -year moratorium for issuance of a city grading or building permit, to be determined by the
City Council. In addition, a 1:1 tree replacement is required per the formula of this Subsection for all trees
removed above 35 %.
This Ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 10th day of March, 2014.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published in the Prior Lake American on the 15th day of March, 2014.
Drafted By:
Prior Lake Community & Economic Development Department
4646 Dakota Street
Prior Lake, MN 55372
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Zoning Ordinance
SECTION 1107
GENERAL PERFORMANCE STANDARDS
SUBSECTIONS
1107.100: Purpose and Intent
1107.200: Off - Street Parking Areas, Paved Areas and Loading Spaces
1107.300: Number of Required Off - Street Parking Space
1107.400: Signage
1107.500: Interpretation
1107.600: Exempt Signs
1107.700: Permitted Signs; No Sign Permit Required
1107.800: Permitted Signs; Sign Permit Required
1107.900: Permitted Sign Area; Business and Industrial Districts
1107.1000: Calculating Sign Area
1107.1100: Prohibited Signs
1107.1200: Sign Plan Requirements
1107.1300: Sign Permit Requirements
1107.1400: Maintenance
1107.1500: Lapse of Sign Permit
1107.1600: Removal of Signs
1107.1700: Remedies for Violation of the Sign Ordinance
1107.1800: Lighting
1107.1900: Landscaping and Screening
1107.2000: Bufferyards
1107.2100: Tree Preservation and Restoration
1107.2200: Architectural Design
1107.2300: Non - Conformities
Subsections 1107.100 — 1107.2000 have been removed for purposes of showing only the
following amended Subsection
1107.2100: TREE PRESERVATION AND RESTORATION
1107.2101 Intent and Purpose. It is the intent of the City of Prior Lake to protect, preserve
and enhance the natural environment of the community, and to encourage a
resourceful and prudent approach to the development and alteration of wooded
areas in the City. This subsection has the following specific purposes:
➢ Recognize and protect the natural environment consistent with the city's
mission statement and goals of the comprehensive plan through
preservation and protection of significant trees.
➢ Promote protection of trees for the benefits provided, including beauty,
protection against wind and water erosion, enhancement of property
values, noise reduction, air quality, energy reduction, buffering, privacy and
natural habitats.
➢ Establish requirements related to cutting, removal or destruction of existing
trees, especially significant trees.
➢ Establish reasonable requirements for replacement of significant trees.
City of Prior Lake
June 1, 2009 1107/p1
Zoning Ordinance
➢ To allow the development of wooded areas in a manner that minimizes and
mitigates the removal and destruction of trees, preserves aesthetics,
property values, and the nature and character of the surrounding area
➢ To provide for the fair and effective enforcement of the regulations
contained herein.
1107.2102 Application. This Ordinance applies to the following sites in the City of Prior Lake:
➢ All new public or private development on either platted or unplatted
property.
➢ New construction on vacant building sites on lots platted before January,
1996.
➢ Redevelopment of sites platted prior to January, 1996, where existing
structures are removed or destroyed.
➢ Vacant property, including any parcel of land or any adjacent parcels in
common ownership greater than or equal to two and one -half (2.5) acres
with at least twenty -five (25) significant trees, or non - vacant property
greater than or equal to ten (10) acres with at least fifty (50) significant
trees. Public and SMSC Trust property is exempt. ( "Woodlot ").
1107.2103 Acceptable Species.
(1) Coniferous Tree. Coniferous trees are considered to be "significant" for
purposes of this Ordinance at a height of 12 feet or more. Species of coniferous
trees required to be surveyed for tree preservation plan approval are as follows:
Arborvitae (White Cedar).
Fir, Douglas
Fir, White
Hemlock, Canada (Eastern)
Junipers
Larch, Eastern (Tamarack)
Larch, European
Pine, Austrian
Pine, Eastern White
Pine, Mugo
Pine, Ponderosa
Pine, Red (Norway)
Pine, scotch
Red Cedar, Eastern
Redwood, Dawn
Spruce, Black Hills
Spruce, Colorado Blue
Spruce, Norway
Spruce, White
Spruce, Japanese
(2) Deciduous Tree. Deciduous trees are considered to be significant at 6
diameter breast height (DBH) inches or more. Species required to be surveyed
are as follows:
City of Prior Lake
June 1, 2009 1107/p2
Zoning Ordinance
cleared, or graded for the proposed development, and where adequate
tree protection devices and long -term agreements are established for
the protection of existing significant trees. This simplified plan may be
included on the "Existing Conditions Survey" required as part of the
preliminary plat.
(2) Allowable Tree Removal.
a. Following the concept plan review and alternative analysis, listed in
Subsection 1107.2104, significant trees may be destroyed without any
required replacement within the width of required easements for public
streets, utilities and storm water ponding areas.
b. In areas outside of the exempted areas listed in subsection (a), up to 35%
of the total dbh inches of all significant trees may be removed without
replacement or restitution.
c. Vacant Lot Development on Lots Platted Prior to January, 1996. On
individual lots, up to 35% of the total dbh inches of all significant trees
may be removed for the installation of utilities, driveways and the building
pad without tree replacement or restitution.
d. Redevelopment of Lots Platted Prior to January, 1996, and
Developed Lots. On previously platted and developed lots, where the
structures have been removed or destroyed to more than 50% of the
current market value, up to 35% of the total dbh inches of all significant
trees may be removed for the installation of utilities, driveways and
building pads without tree replacement or resolution.
e. Significant trees in excess of the limitations of this Section may be
removed, provided all trees removed in excess of said limitations shall be
replaced in accordance with the Tree Replacement Formula.
f. Woodlots. A woodlot alteration application shall be submitted to the
Zonin. Administrator for review prior to removal of any si•nificant trees
on a woodlot that is not being reviewed by another application. Up to
35% of the total dbh inches of all si. ifi - t re- - • - -m•ve•
without replacement or restitution. Failure to submit and receive an
aporov wo dl t al ra i n 1 ion f e r m val f n tr s ma
r-sul in - tw.- - -r or- on m fir i u -n - of - i _•r -•in• or •uil•in•
permit, to be determined by the City Council. In addition, a 1:1 tree
replacement is required per the formula of this Subsection for all trees
removed above 35 %.
(3) Tree Replacement Formula. Replacement of removed or disturbed trees
in excess of the percentage allowed by this subsection shall be according to
the following guidelines:
a. For development which exceeds the percentage of allowable removal of
significant trees, all trees shall be replaced at the ratio of 1/2 caliper inch
per 1 dbh inch removed.
City of Prior Lake
June 1, 2009 1107/p6
Zoning Ordinance
Ash, Green
Ash, White
Basswood
Beech, Blue
Birch, River
Canada Red Cherry, Shubert
Catalpa, Northern
Chokecherry, Amur
Chokecherry, Shubert's
Coffee -tree, Kentucky
Corktree, Amur
Crabapple (ornamental)
Dogwood, alternate - leafed
Elm, Accolade
Ginkgo (Male trees)
Hackberry
Hawthorns
Hickory, Bitternut
Honeylocust, Imperial
Honeylocust, Skyline
Ironwood
Kentucky Coffeetree
Lilac, Japanese tree
Linden, all varieties
Maple, all varieties
Mountain Ash, European and Showy
Mulberry, Red
Nannyberry
Oak, Burr
Oak, Chestnut
Oak, Northern Pin
Oak, Northern Red
Oak, Pin
Oak, Red
Oak, Scarlet
Oak, Swamp White
Oak, White
Plum, American and Canada
Redbud, Eastern
Serviceberry.
Walnut, Black
(3) Heritage Tree. Any tree on the above list, or on the list included in the City's
Public Works Design Manual, in fair or better condition which equals or exceeds
the following diameter size:
Tree Type Tree Diameter Size Examples
Large Hardwoods 27" dbh. Oaks
Large Coniferous' 24" dbh. Pine
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June 1, 2009 1107/p3
Zoning Ordinance
a. A tree in fair or better condition must meet the following criteria:
➢ A life expectancy of greater than 10 years.
➢ A relatively sound and solid trunk with no extensive decay or hollow.
D. No major insect or pathological problem.
➢ A lesser size tree can be considered a heritage tree if a certified forester
determines it is a rare or unusual species or of exceptional quality.
➢ A lesser size tree can be considered a heritage tree if it is specifically
used by a developer as a focal point in the project.
(4) Other Trees. Trees not included in the above species list may be included for
credit as part of the Tree Inventory subject to City approval and the following
criteria:
➢ A life expectancy of greater than 10 years.
➢ A relatively sound and solid trunk with no extensive decay or hollow.
➢ No major insect or pathological problem.
➢ A certified forester determines it is a rare or unusual species or of
exceptional quality.
➢ It is specifically used by a developer as a focal point in the project.
1107.2104 Tree Preservation Plan Approval Required. It is unlawful for any person to
engage directly or indirectly in land alteration, as defined in this Ordinance, unless
such person has first applied for and obtained approval from the City's Zoning
Officer or other authorized city official of a tree preservation plan. No preliminary
plat, building permit, grading permit, or other City required permit shall be granted
unless approval of a tree preservation plan has first been obtained.
(1) Prior to submittal of a preliminary plat application where there is impact to
trees, the applicant may meet with City staff to discuss alternative designs
for the development of a site. This meeting may also be part of a Concept
Plan review, permitted under Subsection 1002.100 of the City Code.
(2) Alternatives analysis: The following guidelines shall be considered when
developing or reviewing proposed development alternatives:
a. It is capable of being done from an engineering point of view;
b. It is in accordance with accepted engineering standards and practices;
c. It is consistent with reasonable requirements of the public health,
safety, and welfare;
d. It is an environmentally preferable alternative based on a review of
social, economic, and environmental impacts; and
e. It would create no truly unusual problems.
f. Any plans reviewed by the City as part of this alternative analysis shall
be kept on file at the City.
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Zoning Ordinance
(3) Determination of impact minimization. The applicant shall provide
justification that the preferred alternative will minimize impacts to trees. The
following guidelines shall be used:
a. The location of existing structural or natural features that may dictate
the placement or configuration of the project;
b. The sensitivity of the site design to the natural features of the site,
including topography, hydrology, existing vegetation, preservation of
natural vistas, and impacts on adjacent property. In cases of infill
development, consideration shall be placed on sensitivity to adjacent
properties;
c. The value, function, and spatial distribution of the trees on the site;
(4) Unavoidable impacts. Unavoidable impacts that remain after efforts to
minimize, rectify, or reduce require replacement according to Subsection
1107.2106 (3).
1107.2105 Tree Preservation Permit Process.
(1) Application. Application for approval of a tree preservation plan shall be
made in writing to the Zoning Administrator. This application may be made
separately or may be included as part of a development application.
Information to be included in the application includes at least the following:
a. A Tree Preservation Plan exhibiting a stamp /certification and signature
of the certified forester or arborist. The Tree Preservation Plan shall be
prepared at the same scale as the proposed development plan and
shall show the following:
D Survey location of all significant trees;
D A significant tree summary sheet identifying the species of all significant
trees located on the map;
D Identification of critical root zones extending from trees located on
adjacent tracts, including the location and species of the trees;
D A table of area sizes for the following:
D Existing site area, floodplain area, and forest area.
D Proposed areas of tree retention.
D Proposed areas of tree removal.
D Proposed areas of reforestation and afforestation.
D A graphic delineation of the following areas:
D Proposed significant tree retention areas.
D Proposed afforestation and reforestation areas.
D Proposed limits of disturbance.
D Steep slopes of twenty -five (25) percent or more;
D Wetlands, including any required buffers;
D Topographic contours and intervals;
D Such other information that the City determines is necessary to
implement this chapter.
b. A simplified Tree Preservation Plan may be submitted where trees do
not currently exist on the site or where existing trees will not be cut,
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June 1, 2009 1107/p5
Zoning Ordinance
b. For each heritage tree saved, the developer may receive credit towards
the required replacement trees. This credit will be at a rate of 2 caliper
inches for each 1 dbh inch saved. To receive this credit, the applicant
must demonstrate that extraordinary measures have been taken to
preserve the heritage trees that otherwise would not be saved.
c. Required replacement trees shall be planted on the site being developed.
The applicant may also request approval to plan replacement trees on
boulevards. Planting on such sites shall be done at the discretion of the
City.
d. Minimum sizes for replacement trees shall be:
➢ Deciduous - 1 1/2" caliper
➢ Coniferous - 6 feet in height
e. Replacement trees shall be from balled and burlapped, certified nursery
stock as defined and controlled by Minnesota Statutes §18.44 through
18.61, the Plant Pest Act, as may be amended from time to time.
Replacement trees may also be from bare root stock, provided the trees
are planted no later than May 15th, and the planting is inspected by the
City.
f. Replacement trees shall be covered by a minimum 1 -year guarantee.
g. Replacement trees shall be of a species similar to other trees found on
the site where removal has taken place, or shall be selected from the list
of significant coniferous and deciduous trees found in the Public Works
Design Manual. Selection of replacement tree types for use on public
sites shall be at the sole discretion of the City.
h. Where heritage trees have been removed, replacement trees shall
consist of the same species as the removed heritage tree, or a tree that
has the same potential value as the removed heritage tree. This value
shall be certified by a certified forester or arborist. For the purposes of
this paragraph, value is defined as a species which has the same growth
and life potential as the removed tree.
i. New subdivision trees, as required by Subsection 1005.1000, may be
counted towards required replacement. New subdivision trees must
meet the size requirements listed in Subsection 1005.1001.
j. Replacement trees may be utilized to meet landscaping requirements if
placement, species, and location are consistent with necessary
landscaping provisions.
(4) Certification of Compliance with Approved Landscape Plan. Upon
completion of the required landscaping, the Developer shall notify the City
and request an inspection of the work. Following the inspection, the City
shall notify the Developer that all work has been satisfactorily completed, or
what work is still required. The required warranty period outlined in Section
(5) below, shall begin on the date of the letter satisfactory completion issued
by the City.
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Zoning Ordinance
a. The City of Prior Lake may, at its option, hire a consultant to verify and
advise the City on matters involving this Ordinance. Any and all costs
incurred by the City in hiring a consultant shall be reimbursed by the
Developer, if not included within a Development Contract.
(5) Warranty Requirement.
a. Sites of New Development. The Developer shall provide a financial
guarantee, in a form satisfactory to the City, prior to the approval or
issuance of any permit for land alteration.
➢ The amount of the guarantee shall be 125% of the estimated cost
to furnish and plant replacement trees. The estimated cost shall be
provided by the Developer subject to approval by the City. The
estimated cost shall be at least as much as the reasonable amount
charged by nurseries for the furnishing and planting of replacement
trees. The City reserves the right in its sole discretion to determine
the estimated cost in the event the Developer's estimated cost is
not approved.
➢ The security shall be maintained for at least 1 year after the date
that the last replacement tree has been planted. Upon a showing
by the Developer and such inspection as may be made by the City,
that portion of the security may be released by the City equal to
125% of the estimated cost of the replacement trees which are alive
and healthy at the end of such year. Any portion of the security not
entitled to be released at the end of the year shall be maintained
and shall secure the Developer's obligation to remove and replant
replacement trees which are not alive or are unhealthy at the end
of such year and to replant missing trees. Upon completion of the
replanting of such trees the entire security may be released.
b. Previously Platted. Vacant Lots. For construction on vacant lots
platted prior to January, 1996, the developer shall provide a cash escrow
in the amount of $500.00 to guarantee compliance with the requirements
of this Ordinance. Said security shall be released upon certification of
compliance by the developer to the satisfaction of the City.
Notwithstanding the foregoing, no portion of the security shall be released
while there are unsatisfied Developer's obligations to indemnify the City
for any expenses in enforcing the terms of this agreement.
c. Redevelopment of Lots Platted Prior to January, 1996, and
Developed Lots. For construction on previously platted and developed
lots, the developer shall provide a cash escrow in the amount of $500.00
to guarantee compliance with the requirements of this Ordinance. Said
security shall be released upon certification of compliance by the
developer to the satisfaction of the City. Notwithstanding the foregoing,
no portion of the security shall be released while there are unsatisfied
developer's obligations to indemnify the City for any expenses in
enforcing the terms of this agreement.
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Zoning Ordinance
d. The City may retain from the security required in (a), (b) and (c) above as
reimbursement an amount expended by the City to enforce the provisions
of this section.
1107.2106 Entry on Private Property and Interference with Inspection. The City's Zoning
Administrator and /or his /her agent may enter upon private premises at any
reasonable time for the purposes of enforcing the regulations set forth in this
Section. No person shall unreasonably hinder, prevent, delay or interfere with the
City's Zoning Administrator or his /her agents while they are engaged in the
enforcement of this Section.
1107.2107 This Ordinance does not apply to dead and diseased trees. The City's diseased
tree program is found in City Code Section 602.
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