HomeMy WebLinkAbout7A - Tree Preservation Task Force
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
7A
CONSIDER A REPORT ON THE OUTCOME FROM
THE TREE PRESERVATION TASK FORCE
JANE KANSIER, PLANNING DIRECTOR
YES X NO N/A
JULY 24, 2006
PREPARED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
On January 18,2006, the City Council approved the formation ofa Tree Preservation
Task Force. The purpose of this task force is to look at the tree preservation requirements
of the Zoning Ordinance and to recommend modifications to the ordinance that will
better preserve the urban forest. The Task Force consisted of the following participants:
. Councilmember Cheri Dornbusch
. Planning Commissioner Vaughn Lemke
. Jane Kansier, Planning Director
. Al Friedges, Parks & Fleet Supervisor
. Steve Albrecht, Public Works Director
. Dustin Kern, Arcon Development (Developers' Representative)
. Jim Stanton, Shamrock Development (Developers' Representative)
. Kyle Schroeder, Citizen Representative
. Margi Atwood, Citizen Representative
The mission of the task force was to review the existing ordinance, compare it with
ordinances in other communities, identify shortcomings and recommend ordinance
amendments. The next step is to submit these recommendations to the Planning
Commission and, ultimately, the City Council. If the Council deems such action
appropriate, it will initiate an amendment to the Zoning Ordinance and direct the
Planning Commission to conduct the necessary public hearings.
HISTORY
The tree preservation requirements of the Zoning Ordinance were originally adopted by
the City Council in January, 1996, in an effort to preserve our urban forest but to also
recognize some tree removal is inevitable. Since then, there have been some minor
revisions to the ordinance. On at least 2 occasions since 1996, the Planning Commission
also asked staff to review these requirements, especially as they compared to other cities'
requirements; no changes were made in these cases.
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Phone 952.440.9675 / Fax 952.440.9678
As with any City Ordinance, the purpose of the tree preservation requirements is to
enhance the health, safety and welfare of the general population of the City. At the same
time, the ordinance must consider the property rights of property owners, including the
right to develop land. Finally, we must review each ordinance in terms of the viability,
effectiveness and cost of administering the requirements.
ANALYSIS:
The Tree Preservation Task Force met several times between February and June, 2006.
As a result of these discussions, the committee expressed a desire to build flexibility into
the ordinance, but at the same time focus on preservation, especially of "heritage" trees,
which are specifically defined in the proposed ordinance.
The Task Force members agreed on the attached draft ordinance. This ordinance
proposes a sequencing approach to development, similar to the approach used in the
Wetland Conservation Act (WCA). The idea is to design a development that 1) avoids
direct or indirect impact to the trees, or 2) minimizes the impact, or 3) replaces
unavoidable impacts. This approach is intended to balance the environmental concerns
with property rights issues. A better design is usually the result oflooking at all possible
alternatives.
Rather than utilizing the formal approval process in the WCA, the draft ordinance
proposes an administrative approach where the applicant meets with City staff to discuss
alternatives. The ordinance suggests guidelines to follow for developing the various
alternatives. The applicant is still required to justify the design in terms of its tree impact.
Using the sequencing approach does require submittal of a more detailed tree inventory.
The ordinance also requires a certified forester prepare all tree plans.
Once the best alternative is determined, the ordinance establishes criteria for replacement.
Trees removed for the placement of streets, utilities and stormwater ponds do not require
replacement. Outside of these exempted areas, up to 30-35% of the significant caliper
inches may be removed without replacement. The replacement ratio remains at Y2 caliper
inch per inch removed.
The proposed ordinance defines a "heritage" tree as "any tree which has been determined
to be of high value because of its type, size, age or other professional criteria." To
qualify as a heritage tree, the tree must be one of the species listed in the ordinance, and
must meet the minimum size criteria for a heritage tree. The tree must also be in "fair or
better condition." The conditions needed to meet these criteria are also included in the
ordinance. As an incentive to preserve heritage trees, the ordinance also provides an
additional replacement credit for heritage trees that are preserved. Where heritage trees
have been removed, the ordinance also requires replacement trees to 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.
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The draft ordinance reduces the minimum size of a replacement tree from 2 Yz caliper
inches to 1 Yz caliper inches. The reasoning behind this reduction is that the smaller trees
are more adaptable and will be more likely to grow at a faster rate. At the end of 3 years,
a 1 12 caliper inch tree will generally be the same size as a tree which started at 2 12
caliper inches. Another new provision in the draft allows required front yard trees to
count towards replacement; however, these trees must still be at least 2 Yz caliper inches
III SIze.
Finally, the ordinance proposes a mechanism intended to provide flexibility in areas
identified high and moderate quality natural environments. These are specific areas
identified by the Natural Resources Inventory recently completed by the City. The intent
of this section is to offer a process that will provide maximum design flexibility, without
the need for a full-fledged Planned Unit Development. This process allows the developer
to modify street right-of-way and surface widths, lot areas and lot widths, and structure
setbacks. Its scope is more limited than a standard Planned Unit Development in that it
does not allow increased density or unit types not otherwise permitted. For example, if a
property is zoned for 30 single family residential lots, this process would allow 30 single
family lots, but with smaller lot areas, and narrower streets. The idea is to preserve the
natural environmental features. The developer would still have the option of pursuing a
full PUD to allow other design flexibility.
MAJOR DISCUSSION ISSUES:
The Task Force members reached a consensus on the majority of the draft ordinance.
However, the one question that the members could not reach consensus on is this:
. What percentage of caliper inches may be removed, without replacement, for
building pads (page 5)?
The Task Force members agreed that this question should be discussed by the Planning
Commission and the City Council.
PLANNING COMMISSION ACTION:
The purpose of this report is to allow the Planning Commission the opportunity to make
informal comments on the potential ordinance. The City Council will receive a similar
report at the August 7, 2006, City Council meeting. If the Council agrees with the
approach, they will initiate an amendment and direct staff to schedule a public hearing.
Prior to the public hearing, the staff will ensure the ordinance is in the proper format. At
that time, we will also look at other sections of the zoning and subdivision ordinance to
determine where other changes must be made.
ACTION REQUIRED:
No specific action is required at this time.
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CITY OF PRIOR LAKE ZONING ORDINANCE
1107.2100: TREE PRESERVATION AND RESTORATION
1107.2101
1107.2102
1107.2103
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.
~ 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.
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 previously platted, but vacant building sites.
~ Redevelopment of previously platted sites, where existing
structures are removed or destroyed.
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.
A. Prior to submittal of a preliminary plat application, the applicant
shall 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 Section 1002.100 of the City Code.
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B. Alternatives analysis: The following guidelines shall be considered
when developing or reviewing proposed development alternatives:
1. It is capable of being done from an engineering point of view;
2. It is in accordance with accepted engineering standards and
practices;
3. It is consistent with reasonable requirements of the public health,
safety, and welfare;
4. It is an environmentally preferable alternative based on a review of
social, economic, and environmental impacts; and
5. It would create no truly unusual problems.
C. Determination of impact minimization. The applicant shall provide
justification that the preferred alternative will minimize impacts to trees.
The following guidelines shall be used:
1. The location of existing structural or natural features that may
dictate the placement or configuration of the project;
2. 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, priority shall be placed on sensitivity to adjacent properties;
3. The value, function, and spatial distribution of the trees on the site;
D. Unavoidable impacts. Unavoidable impacts that remain after
efforts to minimize, rectify, or reduce require replacement according to
Section 1107.2106 (3).
1107.2104 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.
1107.2105 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:
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Arborvitae (White Cedar).
, Fir, Douglas
I Fir, White
I Hemlock, Canada (Eastern)
I Junipers
I Larch, Eastern (Tamarack)
Larch, European
I Pine, Austrian
I Pine, Eastern White
I Pine, Mugo
I Pine, Ponderosa
Pine, Red (Norway)
Pine, scotch
Red Cedar, Eastern
Redwood,Dawn
Spruce, Black Hills
Spruce, Colorado Blue
1 Spruce, Norway
I Spruce, White
I Sp~lJ~e, Japanese
(2) Deciduous Tree. Deciduous trees are considered to be significant at 6
caliper inches or more. Species required to be surveyed are as follows:
I Ash~Green
Ash, White
I Basswood
II Beech, Blue
I Birch, River
! Canada Red Cherry, Shubert
Catalpa, Northern
I Chokecherry, Amur
I Chokecherry, Shubert's
I Coffee-tree, Kentucky
Corktree, Amur
Crabapple (ornamental)
I Dogwood, alternate-leafed
I Elm, Accolade
I Ginkgo (Male trees)
I Hackberry
II Hawthorns
i Hickory, Bitternut
Honeylocust, Imperial
I Honeylocust, Skyline
I Ironwood
, Kentucky Coffeetree
I Lilac, Japanese tree
I Linden, all varieties
I
I
I
I
II
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'-Maple, all varfetTes
:1 Mountain Ash, European and Showy
'~ Mulberry, Red
I Nannyberry
I Oak, Burr
I Oak, Chestnut
I Oak, Northern Pin
I Oak, Northern Red
I Oak, Pin
Oak, Red
Oak, Scarlet
Oak, Swamp White
Oak, White
Plum, American and Canada
I Redbud, Eastern
Serviceberry .
Walnut, Black
(3) Heritage Tree. Any tree on the above list in fair or better condition which
equals or exceeds the following diameter size:
Tree Type
I Large Hardwoods
j Lar8_e_Coniferou~___n
Tree Diameter Size
27" d.b.h.
24" d.b.h.
------
Examples
Oaks
Pine
A tree in fair or better condition must meet the following criteria:
a. A life expectancy of greater than 10 years.
b. A relatively sound and solid trunk with no extensive decay or hollow.
c. No major insect or pathological problem.
d. 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.
e. 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.
1107.2106 Tree Preservation Permit Process.
(1) Tree Preservation Plan Approval Required. It is unlawful for any
person to engage in land alteration, plat and develop land, or build on
previously platted, vacant lots within the City of Prior Lake without first
applying for and obtaining approval of a tree preservation plan. All Tree
Preservation Plans must be prepared by a certified forester.
(2) Application. Application for approval of a tree preservation plan shall be
made in writing to the Zoning Administrator. This application m ay 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:
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a. A Tree Preservation Plan exhibiting a stamp/certification and
signature of the certified forester. 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.
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.
(3) Allowable Tree Removal.
a. Following the concept plan review and alternative analysis, listed
in Section 1107.2103, 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 (30%) 35% of the total caliper inches of all significant trees may be
removed without replacement or restitution.
c. Previously Platted, Vacant Lot Development. On individual lots,
up to (30%) 35% of the total caliper 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 Previously Platted and Developed Lots. On
previously platted and developed lots, where the structures have been
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removed or destroyed to more than 50% of the current market value, up
to (30%) 35% of the total caliper 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 caliper inch removed.
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 caliper 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.
b. 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.
c. Minimum sizes for replacement trees shall be:
~ Deciduous - 1 1/2" caliper
~ Coniferous - 6 feet in height
d. Replacement trees shall be from balled and burlapped, certified
nursery stock as defined and controlled by Minnesota Statutes 918.44
through 18.61, the Plant Pest Act, as may be amended from time to time.
e. Replacement trees shall be covered by a minimum 1-year
guarantee.
f. 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
subsection 1107.2105. Selection of replacement tree types for use on
public sites shall be at the sole discretion of the City.
g. 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.
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h. New subdivision trees, as required by Section 1005.1000, may be
counted towards required replacement. New subdivision trees must meet
the size requirements listed in Section 1005.1001.
(5) Certification of Compliance with Approved Landscape Plan. No
earlier than 1 year after acceptance of the tree preservation plan nor later
than 1 year after completion of the work contemplated by the plan, the
Developer shall certify to the City that the plan has been complied with.
(Amd. ord. 01-10, pub. 9/8/01)
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.
(6) 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 previously
platted, vacant 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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c. Redevelopment of Previously Platted 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.
1107.2107
This Ordinance does not apply to dead and diseased trees. The City's
diseased tree program is found in City Code Section 602.
DEFINITION OF HERITAGE TREES: Any tree which has been determined to be of high
value because of its type, size, age or other professional criteria. The specific specimen
trees are listed in Section 1107.2105 (3) Ordinance.
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FLEXIBLE DEVELOPMENT IN AREAS WITH HIGH AND MODERATE QULAITY
NATURAL COMMUNITIES
As part of the Comprehensive Plan, the City of Prior Lake has adopted a report titled
"Natural Resources Inventory and Land Cover Mapping" (prepared by Bonestroo Natural
Resources, April, 2005). The report classifies and maps the land cover of natural and
semi-natural areas within the City based on the Minnesota Land Cover Classification
System (MLCCS), Version 5.4.
For areas identified in the "Natural Resources Inventory and Land Cover Mapping
Report" as High and Moderate Quality Natural Communities, a developer may request
approval of flexible development as part of the preliminary plat application. The purpose
of flexible development is to preserve and protect the specified High and Moderate
Quality Natural Communities. Under this process, a developer may request
modifications to the following Zoning and Subdivision Ordinance requirements:
1. Right-of-way and street surface widths
2. Minimum lot areas
3. Minimum lot widths
4. Structure setbacks
In return for the modifications, the developer must prove that the specified High and
Moderate Quality Natural Communities will be undisturbed by the development. As part
of this approval, the City Council may also require enhancement of the existing Natural
Community.
The flexible development process may not be used to increase permitted density or to
allow uses or dwelling types that would otherwise not be permitted in the district.
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