HomeMy WebLinkAbout5 A - Public Hearing Amend Tree Preservation
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PREPARED BY:
PUBLIC HEARING:
DATE:
SA
PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO THE TREE PRESERVATION PROVISIONS OF
THE ZONING ORDINANCE
JANE KANSIER, PLANNING DIRECTOR
X YES NO N/A
OCTOBER 9, 2006
INTRODUCTION:
On January 18, 2006, the City Council approved the formation of a Tree Preservation
Task Force. The purpose of this task force was 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.
On September 5,2006, the City Council considered a report on the outcome of the Task
Force's work. The Council directed staff to prepare an amendment to the Zoning
Ordinance. The purpose of this public hearing is to consider this amendment.
DISCUSSION
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.
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:
There are three parts to the proposed ordinance:
1. An amendment to Section 1107.2100, replacing the existing tree preservation
requirements.
1:\06 files\06 ordin amendslzoning\tree preservation\10~qRt~M~riorlake.com
Page 1
Phone 952.440.9675 / Fax 952.440.9678
2. An amendment to Section 1101.400 adding a definition of "Heritage Trees".
3. An amendment to Section 1106 adding a new "Flexible Development"
process.
Section 1107.2100: The proposed ordinance is a departure from the existing ordinance in
that it 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 of looking at all possible
alternatives.
The proposed ordinance proposes an administrative approach to the alternative review.
Under this approach, the applicant meets with City staffto discuss various development
alternatives. The ordinance suggests guidelines to follow for developing these
alternatives. The applicant is required to justify the design in terms of its tree impact.
Using the sequencing approach requires submittal of a more detailed tree inventory,
prepared by a certified forester.
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, 32.5% ofthe significant caliper inches
may be removed without replacement. The replacement ratio remains at 12 caliper inch
per inch removed.
The draft ordinance reduces the minimum size of a replacement tree from 2 Y2 caliper
inches to 1 12 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 Y2 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 12 caliper inches
III SIze.
The draft ordinance also revises the list of significant trees. This list is intended to clarify
which trees are of the highest value and priority. As part of this amendment, the staff is
also developing a revolving list of trees, which will be suitable for planting as
replacement trees or required landscaping. This list will be included as part of the Public
Works Design Manual. By rotating the lists, the staff hopes to encourage more variety in
plantings. This will reduce the danger of tree loss through disease in the future.
The proposed ordinance also establishes incentives for preserving trees which might
otherwise be removed. These include provisions focused on saving "heritage" trees,
which are trees determined to be of high value because of 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. The incentive in the ordinance is a provision
1:\06 files\06 ordin amendslzoning\tree preservation\IO-09 pc report.doc
Page 2
allowing 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.
The ordinance also provides an incentive for saving trees which may not be on the
significant list, as long as the trees meet certain criteria, similar to the criteria used to
identify a heritage tree. Subject to City approval, the developer may be allowed to
include these trees in the tree inventory. This can result in a reduction in the amount of
required replacement trees.
Section 1101.400: The proposed ordinance also establishes a new definition for heritage
trees. A heritage tree is defined as "Any tree which has been determined to be of high
value because of its type, size, age or other professional criteria. The specific criteria for
heritage trees are listed in Section 1107.2103 (3) Ordinance."
Section 1106: 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.
A Flexible Development is processed in the same manner as a preliminary plat. As part
of the development, the developer may request modifications to the following Zoning and
Subdivision Ordinance requirements, specifically right-of-way and street surface widths,
minimum lot areas, minimum lot widths, and 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 an application
for a flexible development, the developer must submit a plan for development meeting all
of the requirements of the Zoning and Subdivision Ordinances, and a description of the
impact of the conventional development on the high or moderate quality natural
environment. This will establish the maximum density, and enable staff to determine the
need for flexible development, based on the potential impact.
ISSUES:
The specific language of the proposed amendments is included within the attached draft
ordinance. The one major issue about the proposed language is: What percentage of
caliper inches may be removed, without replacement, for building pads, 30 or 35 percent?
When the staff presented a report on the outcome ofthe Task Force meetings to both the
1:\06 files\06 ordin amendslzoning\tree preservation\10-09 pc report. doc
Page 3
Planning Commission and the City Council, there was no specific direction on what the
percentage should be. The proposed ordinance suggests, as a compromise, 32.5 percent.
The Planning Commission should specifically make a recommendation on this number.
ZONING ORDINANCE AMENDMENT FINDINGS
Section 1108.600 ofthe Zoning Ordinance states that 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:
1. There is a public need for the amendment.
There is a public need for the amendment. The proposed amendment clarifies and
strengthens the existing tree preservation ordinance. The amendment also provides
incentives and different development options that will encourage more tree
preservation.
2. 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.
Objectives and policies of the Comprehensive Plan include:
. Proved for conservation and protection of the natural environment;
. Provide adequate regulations to prevent the development or existence of any
industrial or commercial endeavor which will, through its operation, create a hazard
to the environment
. Promote sound land use; and
. Provide suitable passive open space for the preservation of the natural environment
and the enjoyment of residents.
Purposes of the Zoning Ordinance include:
. Enhance the aesthetic character and appearance of the City.
. Conserve natural resources and environmental assets of the community.
One of the five-year goals ofthe Natural Environment element ofthe 2030 Vision and
Strategic Plan is:
. Promote unique natural areas in the City and annexation areas by promoting
environmentally sensitive development.
The proposed amendment strives to accomplish these goals, objectives and policies
by providing strengthening the existing ordinance, and by providing incentives and
alternative methods for development which will encourage more tree preservation.
3. The adoption of the amendment is consistent with State and/or Federal
requirements.
This amendment is consistent with federal and state laws.
1:\06 files\06 ordin amendslzoning\tree preservation\lO-09 pc report. doc
Page 4
CONCLUSION
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan, the Zoning Ordinance, the 2030 Vision and Strategic Plan and the
enabling legislation set forth in Minnesota statutes. Based upon the findings set forth in
this report, staff recommends approval.
ACTION REQUIRED:
A motion and second recommending approval of the proposed amendment as
recommended by staff and indicated in the attached draft ordinance.
ALTERNATIVES:
1. Recommend the Council approve the amendment as proposed, or with changes
specified by the Planning Commission.
2. Recommend the Council deny the proposed amendment.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDATION:
The staff recommends Alternative #1.
ATTACHMENT:
1. Draft Ordinance Amendment
1:\06 files\06 ordin amendslzoning\tree preservation\lO-09 pc report. doc
Page 5