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HomeMy WebLinkAbout8A - Tree Preservation Ordinance 'CCI' AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: ALTERNATIVES: OTHER BUSINESS HORST GRASER, DIRECfOR OF PLANNING CONSIDER REQUEST BY PLANNING COMMISSION TO RESEARCH AND DRAFT A TREE REPLACEMENT ORDINANCE. JUNE 21, 1993 The Planning Commission held a discussion on June 3, 1993 relative to the attached Tree Preservation proposal. The request of the Planning Commission is that the City Council review the attached proposal to determine the Council's interest in adopting such regulations. The Commission requests that the City Council give direction to the Planning Commission relative to this request The Commission has struggled with the issue of tree replacement relative to subdivision and variance applications. The Zoning Code does not contain specific provisions for tree protection or replacement with the exception of the Shoreland District, where clear cutting of vegetation is prohibited. Other generic language states that tree replacement plans may be required by the Planning Director, under prescribed conditions. There are no guidelines provided indicating what type of plan is required, enforcement mechanisms nor conditions under which a plan would satisfy the ordinance. The Council should consider the proposal to research, draft and hold public hearings for the purpose of adopting tree preservation regulations. Such regulation would be appropriately contained within the Zoning and Subdivision Ordinances. Staff is of the opinion that the objective is worthy of consideration and there may be several methods to accomplish tree preservation within the community. However, the Council should note that such research has not been programed or budgeted for 1993. Planning staff would request assistance from a consultant to prepare tree preservation regulations. One element that is not included in the attached proposal concerns the method of administration and personnel required to implement tree preservation regulations. The purpose of this item is for discussion to determine the extent of Council interest in pursuing tree preservation regulations. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER 1. Determine that a tree preservation ordinance should be researched and drafted incorporating the elements of the attached letter an/or any other items deemed appropriate by the City Council. 2. Continue discussion of the item. 3. Determine that the request is not an item that the Council desires to pursue at this time. ACTION REQUESTED A motion to respond to the Planning Commission request To: Prior Lake City Council F rom: Prior Lake Planning Commission Subject: Adoption of Tree Preservation Ordinance History: On May 6, 1993, the Planning Commission conducted a public hearing for the preliminary plat of Forest Oaks. The entire site is heavily wooded with a mixture of mature trees. scrub, brush and wild flowers. Many citizens and commissioners concern tor the individual lot placement and preservation of the maximum number of trees were expressed. Promises by the builder and careful scrutiny of plat placement by Staff proved the only guarantee of tree preservation. A motion introduced by Commissioner Greenfield, and seconded by Commissioner Arnold was passed unanimously~ TO DIRECT STAFF TO RESEARCH AND PRESENT TO THE PLANING COMMISSION FOR RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION, A POSSIBLE TREE REPLACEMENT AMENDMENT AS A PRESERVATION OF NATIJRAL AMENITIES. Background: The current draft of the 2010 Comprehensive Plan recognizes the importance of careful land use planning. Under the list of Residential Land use Objectives it states that "Land shall be developed in a manner that is sensitive to the environmental features found on site." Our rolling hills and wooded landscapes are a teature unique to and part of our city's identity. Our city currently provides I'"lO language to protect and preserve the natural amenities that are so invaluable to our commUnI!'.". Scope: Without some lorm of land use regulation regarding wooded areas, a community risks the loss of its forests and tree resources along with their many public benefits. A community may also find its tax dollars being used to repair the damage to other resources as a result of the unregulated development of woodlands. In such cases, communities must absorb the substantial economic costs of woodland destruction. such as increased sedimentation, loss of soils from erosion. declining \vater quality. damage to recreational areas and lowering of property values. While regulations have been developed to protect other critical environmental areas, woodlands and the protection of wildlife habitats have been ignored. The woodlands' benefits to the public as buffers and moderations of flooding, erosion, noise. and air pollution are so important to the public good. Purpose and Policy: The purpose of this proposed Ordinance is the protection, preservation and enhancement of the existing natural environmental amenities, and protection of wildlife habitats. It is the intent of this ordinance to establish and promote adequate standards to recognize and define significant trees for preservation, establish a minimum size tor tree replacement and ratios, adequate protections tor trees root svstems and erosion control during construction. J ~ The proposed Ordinance should include, but not limited to the tollowing: . Specific compliance criteria for developers and builders. . Preservation and replacement criteria for existing residents. . Submission of Tree Preservation Plan incorporated in grading plan and implemented prior to and during site development. . Plat and/or development site documentation of significant trees (diameter greater than 6") and replacement plan for trees greater than 4" diameter on entire building site on a two for one ratio. . Preservation criteria for significant trees within 10 feet or more of the building pad and other trees tor removal or transter. . Replacement for trees which die within 12 months of construction or replanting . Specific criteria for heavily wooded parcels. . Adoption of security deposit tor protection plan and enforcement tied with inspection requirements. . Tree preservation tied in with erosion control plans. . Recognition and protection of wildlife habitats. Conciusion: With rapid gf()\'vth, th~ spread of Je''ielopment and increasing d~mands upon natural resources there is a need to provide language to protect and preserv"e our natural amenities that are so invaluable to our community. Woodlands protect public health through the absorption of air pollutants and contamination, through reduction of excessive noise and the mental and physical damage related to noise pollution, and through the cooling effects in the summer months. They provide public safety through the prevention of erosion, siltation and flooding. They are also an essential component of the general welfare by maintaining play areas for children and an unreplaceable natural heritage tor existing and future generations. ~fany area communities that include Lakeville, Eagen and Eden Praire have tree ordinances, and we should afford a similar measure of protection to our community.