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HomeMy WebLinkAboutDraft Ord 106-XX Heritage Trees DRAFT ORDINANCE CITY OF PRIOR LAKE ORDINANCE NO.1 06- XX AN ORDINANCE AMENDING SECTIONS 1101.400, 1106, AND 1107.2100 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1101.400 of the Prior Lake City Code is hereby amended to add the following definition: 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 criteria for heritage trees are listed in Section 1107.2103 (3) Ordinance. 2. Section 1106 of the Prior Lake City Code is hereby amended to add the following Section: SECTION 11 06B FLEXIBLE DEVELOPMENT IN AREAS WITH HIGH AND MODERATE QULAITY NATURAL COMMUNITIES 1106B.100: PURPOSE AND INTENT. 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: ~ Right-of-way and street surface widths ~ Minimum lot areas ~ Minimum lot widths ~ 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. 1:\06 files\06 ordin amends\zoning\tree preservation\draft ord.doc 11068.200 FINDINGS. The City Council finds that the City and its residents will benefit by creating a process which will allow for greater flexibility in the development of a parcel or property in areas with high or moderate quality natural communities. Such benefits include, but are not limited to: (1) Provides a flexible approach to development which is in harmony with the purpose and intent of the City's Comprehensive Plan and Zoning Ordinance. (2) More creative, efficient and effective use of land, open space and public facilities. (3) Preserves and enhances desirable site characteristics and open space, and protection of sensitive environmental features including, but not limited to, steep slopes, wetlands, and trees. (4) High quality of design compatible with surrounding land uses, including both existing and planned. 11068.300: ApPLICATION. Flexible Development may only be utilized in areas identified in the "Natural Resources Inventory and Land Cover Mapping Report" (adopted herein by reference) as High and Moderate Quality Natural Communities. The permitted uses and densities within these districts in governed by the underlying Use District. In Residential Use Districts, the allowable dwelling unit density may not exceed the allowable density in the underlying use district. Flexible Development is subject to all applicable requirements of the underlying use district except as modified according to the provisions of subsection 11 06B.400. 11068.400: MODIFICATIONS. As part of approval of flexible developments, modifications to the following requirements of the underlying use district may be approved: ~ Right-of-way and street surface widths ~ Minimum lot areas ~ Minimum lot widths ~ Structure setbacks Any modifications requested pursuant to this section shall be identified in the initial application. Any modifications shall be consistent with the goals and policies of the Comprehensive Plan and shall be approved upon a finding that the modification does not significantly adversely affect surrounding properties. Such modifications shall be approved as part of the preliminary plat and shall be included in the resolution approving the preliminary plat and in the development agreement required in subsection 1106B.405 and 11 06B.500. 1:\06 files\06 ordin amends\zoning\tree preservation\draft ord.doc 2 11068.500 SUBMISSION REQUIREMENTS AND PROCEDURES. Developments under this Section shall be proposed and considered according to the requirements of this subsection. 1106B.401 Concept Plan. Before filing an application for approval of a Preliminary plat, the applicant is encouraged to submit a Concept Plan for review and comment by the City staff. Materials and information necessary for a Concept Plan include a map showing the location and size of the property, and any preliminary plans developed for the property. The applicant should be prepared to discuss the following: Comprehensive Plan consistency, relationship of the proposed development to the existing neighborhood, parks and open space, streets, utilities, steep slopes, wetlands and environmentally sensitive issues, and drainage and storm water management. The applicant may request a review of the Concept Plan by the Planning Commission to obtain the Commission's nonbinding comments on its merits. 1106B.402 Preliminary Plan. The preliminary plat plan provides an opportunity for the applicant to submit a plan to the City showing the basic intent and the general nature of the entire development. 1106B.403 Application for a Preliminary Plan. An application for a Preliminary Plan shall include all of the following information: (1) All information required for consideration and approval of a preliminary plat. (2) 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. (3) A list of the requested modifications, and a description of the justification for each modification. (4) A statement showing how the Flexible Development will meet the stated purposes and objectives of this subsection. 1106B.404 Procedure for Approval of a Flexible Development Plan. An application for Flexible Development shall be processed and administered in the same manner as a preliminary plat, as outlined in Section 1002.200 of the Subdivision Ordinance. Upon approval of a preliminary plat, the Developer shall file an application for a final plat, as provided in the Subdivision Ordinance. 1106B.405 Resolution of Approval. The City Council shall adopt a resolution including findings of fact for the basis of its decision. 11068.500 DEVELOPMENT CONTRACT. 1:\06 files\06 ordin amends\zoning\tree preservation\draft ord.doc 3 (1) Development Agreement. The City and developer of a Flexible Development shall execute a Development Contract as part of the final plat which shall incorporate the resolution approving the Flexible Development and all conditions set forth in the resolution. The Development Contract shall require the developer to provide an irrevocable letter of credit provided by a financial institution licensed in the State of Minnesota. The form for the irrevocable letter of credit shall be provided by the City. The irrevocable letter of credit must be approved by the City. The letter of credit shall reference the Development Contract and be in an amount sufficient to insure the provision or development of improvements called for by the Development Contract. (2) Operating and Maintenance Requirements for Common Areas. If certain land areas or structures within the Flexible Development are designated for common open areas, the owner(s) of such lands shall execute appropriate documents in a form acceptable to the City which assure the continued operation and maintenance of such areas or facilities. These common areas may be placed under the ownership and control of the Landlord; or of Homeowners' Association, if all of the following conditions are met: ~ The Homeowners' Association must be established prior to the sale of any property in the PUD. ~ Membership must be mandatory for each owner and successive buyer. ~ The open space restrictions must be permanent. ~ The association must be responsible for liability insurance, taxes and maintenance. ~ The landowner must pay its pro-rata share of an assessment levied by the association and that share if unpaid must become a lien on the property owned by the landowner. ~ The association must be able to adjust the assessment to meet changed needs. 3. Section 1107.400 of the Prior Lake City Code is hereby amended to delete the section in its entirety and to add the following language: 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. 1:\06 files\06 ordin amends\zoning\tree preservation\draft ord.doc 4 ~ 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. 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, DouQlas Fir, White Hemlock, Canada (Eastern) Junipers Larch, Eastern (Tamarack) Larch, European Pine, Austrian Pine, Eastern White Pine, Muao Pine, Ponderosa Pine, Red (Norway) Pine, scotch Red Cedar, Eastern Redwood, Dawn Spruce, Black Hills 1:\06 files\06 ordin amends\zoning\tree preservation\draft ord.doc 5 S S S S (2) Deciduous Tree. Deciduous trees are considered to be significant at 6 caliper inches or more. Species required to be surveyed are as follows: 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 GinkQo (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. 1:\06 files\06 ordin amends\zoning\tree preservation\draft ord.doc 6 I 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 Laroe Hardwoods 27" d.b.h. Oaks LarQe Coniferous 24" d.b.h. Pine 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. ~ 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 Section 1002.100 of the City Code. 1:\06 files\06 ordin amends\zoning\tree preservation\draft ord.doc 7 (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. (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 Section 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. The Tree Preservation Plan 1:\06 files\06 ordin amends\zoning\tree preservation\draft ord.doc 8 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. 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 Section 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 32.5% of the total caliper 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 32.5% 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. 1:\06 files\06 ordin amends\zoning\tree preservation\draft ord.doc 9 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 32.5% 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. 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 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. 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 918.44 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 1:\06 files\06 ordin amends\zoning\tree preservation\draft ord.doc 10 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. For the purposes of this paragraph, value is defined as.... i. 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. (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. ~ 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 1:\06 files\06 ordin amends\zoning\tree preservation\draft ord.doc 11 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. 1:\06 files\06 ordin amends\zoning\tree preservation\draft ord.doc 12