HomeMy WebLinkAbout4A Amendments to the Prior Lake Zoning Ordiance on Tree Preservation PC Report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: OCTOBER 17, 2016
AGENDA #: 4A
PREPARED BY:
PUBLIC HEARING:
JEFF MATZKE, PLANNER
JEFF MATZKE
AGENDA ITEM: CONSIDERATION OF A REQUEST TO RECOMMEND AMENDMENTS TO
SUBSECTION 1107.2100 (TREE PRESERVATION AND RESOTORATION)
OF THE CITY CODE
DISCUSSION: Introduction
The purpose of this public hearing is to consider certain amendments to Section
1107.2100 (Tree Preservation and Restoration) of the Prior Lake City Code to
address updates and allow additional options for tree replacement.
History
On August 22, 2016 the City Council initiated review of amendments to the Prior
Lake City Code related to tree preservation and restoration. The City Staff also
would like to take this opportunity to consider additional updates to this section
of the ordinance.
Current Circumstances
The purpose of the City’s tree preservation ordinance is to “protect, preserve and
enhance the natural environment of the community, and to encourage a re-
sourceful and prudent approach to the development and alteration of wooded
areas in the City”. To accomplish this the City desires to maintain reasonable
requirements for the removal and replacement of vegetation, in particular signif-
icant trees.
With recent developments it has come to the attention of City Staff that the cur-
rent tree preservation ordinance could offer additional options (Section
1107.2105 (3)) related to the restoration and replacement of trees that would
more effectively serve the natural community. These options include a varied
landscape plan that would allow for under-story trees, shrubbery, and landscape
accents to be acceptable for partial replacement of significant tree loss (currently
proposed at up to 25% of the total significant tree replacement). Another pro-
posed option would allow replacement of trees on offsite areas such as nearby
City parks and public open spaces in the event that the feasible tree replacement
could not occur on the development property. Also, as a final option, a fee pay-
ment into the City’s park fund for future tree replacement could be sought. These
options are proposed at the discretion of the City and the primary option still
remains direct replacement of significant tree species on the development site.
Finally, City staff is proposing to remove the ash tree species from the significant
tree list due to recent emerald ash borer removal programs in the area and add
2
professionals to the acceptable tree preservation plan list. These edits will up-
date the tree preservation ordinance to current industry practices.
Conclusion
Ordinance Amendment recommendations of the Planning Commission and final
determinations of the City Council shall be supported by findings addressing the
relationship of the proposed amendment to the following policies. 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 Ordi-
nance, 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 re-
quirements.
The amendment will accomplish one or more of the purposes of this Ordi-
nance, the Comprehensive Plan, or other adopted plans or policies of the
City.
The proposed amendments meet these purposes of the Zoning Ordinance:
Promote the most appropriate and orderly development of the residential,
business, industrial, public land and public areas.
Enhance the aesthetic character and appearance of the City.
Conserve natural resources and environmental assets of the community.
Establish a continuing system of review of this Ordinance to insure it will be
amended to meet changing needs of the community and advances in
science and technology.
The adoption of this amendment is consistent with State and/or federal re-
quirements.
These amendments are consistent with Minnesota State Statutes.
Based upon the findings set forth in this report, staff recommends approval of
the proposed amendments.
ISSUES: City Staff and the City Attorney have discussed these amendments with devel-
opers, generally working with them to arrive at amendments that were supported
by both parties. In additional City Staff is proposing updates to the acceptable
species list and requirements Subsection 1102.2103 and 1107.2105.
ALTERNATIVES: 1. Motion and a second to recommend amendments to Subsection 1107.2100
(Tree Preservation and Restoration)
2. Motion and a second to deny recommending amendments to the City Code
as requested by the applicant and City staff.
3. Motion and a second to table action and provide direction to staff and con-
tinue discussion at a future specified meeting.
RECOMMENDED
MOTION:
Alternative #1
3
ATTACHMENTS:
1. Proposed amendments to Subsections 1107.2100 of the City Code.
2. Example of possible landscape plan in compliance with proposed
amendments
Zoning Ordinance
City of Prior Lake
June 1, 2009 1107/p1
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
EXCERPT
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.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1107/p2
Establish reasonable requirements for replacement of significant trees.
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.
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:
Ash, Green
Ash, White
Basswood
Zoning Ordinance
City of Prior Lake
June 1, 2009 1107/p3
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
a. A tree in fair or better condition must meet the following criteria:
A life expectancy of greater than 10 years.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1107/p4
A relatively sound and solid trunk with no extensive decay or hollow.
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.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1107/p5
(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:
Survey location of all significant trees;
A significant tree summary sheet identifying the species of all
significant trees located on the map;
Identification of critical root zones extending from trees located on
adjacent tracts, including the location and species of the trees;
A table of area sizes for the following:
Existing site area, floodplain area, and forest area.
Proposed areas of tree retention.
Proposed areas of tree removal.
Proposed areas of reforestation and afforestation.
A graphic delineation of the following areas:
Proposed significant tree retention areas.
Proposed afforestation and reforestation areas.
Proposed limits of disturbance.
Steep slopes of twenty-five (25) percent or more;
Wetlands, including any required buffers;
Topographic contours and intervals;
Such other information that the City determines is necessary to
implement this chapter.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1107/p6
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,
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.
(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.
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.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1107/p7
c. The Community Development Director or his/her designee, in their sole
discretion, may allow a portion of the requirement for replacement trees
to be satisfied through an approved landscape plan that may include
understory trees, shrubs, and landscape beds; however, in any case,
80% of the required replacement trees shall be satisfied through
overstory trees. The overall landscape plan must be approved prior to
construction of any lots within the development. This option is at the
discretion of the Community Development Director or his/her designee.
d.
c. Required replacement trees shall be planted on private property 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. If the applicant demonstrates to the
satisfaction of the Community Development Director or his/her
designee that it is not practical or reasonable to plant all or some of the
required replacement trees on private property on the site,
d.
the applicant may meet the tree replacement requirements through one
or a combination of the following:
Trees may be planted on City owned or managed land on the site
being developed as approved by the Community Development
Director or his/her designee; or
Trees may be planted on City owned or managed land off the site
being developed as approved by the Community Development
Director or his/her designee; or
Trees may be planted on other private property within the City
with permission of the property owner developed as approved by
the Community Development Director or his/her designee. If a
buffer area as defined by the natural resource corridor map is on
said property, replacement trees shall be planted in the buffer
area first.
Upon request of the applicant, applicant may make a cash
payment to City to be used for planting of trees within the City or
to subsidize trees sold to the City’s residents;
e. Minimum sizes for replacement trees shall be:
Deciduous - 1 1/2" caliper
Coniferous - 6 feet in height
f. 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.
g. Replacement trees shall be covered by a minimum 1-year guarantee.
h. 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
Zoning Ordinance
City of Prior Lake
June 1, 2009 1107/p8
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.
i. 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.
j. 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.
k. 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.
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.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1107/p9
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.
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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Enhanced Landscape Plan