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HomeMy WebLinkAbout4A Tree Pres Ord AmendPRfO� U r� 5A{"{N§Q9 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JANUARY 6, 2014 AGENDA #: 4A PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS PUBLIC HEARING: YES (CONTIINUED) AGENDA ITEM: CONSIDER AMENDMENTS TO SUBSECTION 1007.2100, TREE PRESER- VATION AND RESTORATION, OF THE PRIOR LAKE ZONING ORDINANCE DISCUSSION: 1 ntroduction The purpose of this agenda item is to review ordinance amendments to Subsection 1007.2100 (Tree Preservation and Restoration) related to tree removal from vacant property greater than one-half acre with ten or more significant trees. History City Staff has been discussing possible amendments to the Zoning Ordinance in order to address the removal of significant trees on vacant property. Currently, someone can clear trees from vacant land that is not part of a subdivision or zoning application. Current Circumstances The Planning Commission discussed this proposed amendment on November 4t" and directed staff to schedule a public hearing. The Commission asked staff to provide additional information as follows: (1) a map showing property in Prior Lake that may be subject to this new ordinance; and (2) examples from other communities that address similar tree removal standards. Conclusion Two maps are attached showing all vacant parcels in Prior Lake with a size greater than one (1.0) acre or greater than two and one-half (2.5) acres, both excluding publicly and SMSC owned property. The property highlighted in red gives a general picture of property that may be subject to the new ordinance provision as potential "woodlots". Some of the properties are association -owned parcels surrounding townhomes (Deerfield), some are outlots for storm water detention (The Wilds), and some are undeveloped commercial property (Fountain Hills). Although the public hearing notice related first to vacant property greater than one-half acre, staff felt that size included too many small parcels. Therefore, staff is now proposing two options shown on the map, including parcels greater than one acre or parcels greater than 2.5 acres. These maps also now include non -vacant property greater than 10 acres in order to capture the farmstead or rural -type property existing in Prior Lake. Shakopee also included a similar provision in its Tree Management ordinance in April of 2013. It added "Woodland Alteration" as a new category subject to a permitting requirement, which includes property of 2.5 or more acres in size where "any cutting, removal or killing of more than 10% of the significant trees will occur". Staff is proposing that the proposed amendment would define a "woodlot" to be: Vacant property, including any parcel of land or any adjacent parcels of land in common ownership greater than 2.5 acres with at least 25 significant trees, or non -vacant property greater than 10 acres with at least 50 significant trees. Public and SMSC Trust property is exempt. The proposed Ordinance amendments to Subsection 1007.2100 are intended to preserve mature trees throughout Prior Lake, whether it be as part of land development or non -development. City staff believes this ordinance amendment will benefit the public and accomplish purposes defined in the City's Comprehensive Plan and Zoning Ordinance. ISSUES: The City has experienced situations in the past whereby property owners clear mature trees from vacant land without having that property be part of a development or subdivision proposal. An example is nearly 4 acres along CSAH 21 between Duluth and West Avenues (see attached Exhibit). If the city has a public interest in tree removal through the development process, then it should have the same public interest on property that is not going through that process. 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 Ordinance, 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 requirements. 1. There is a public need for the amendments. The proposed ordinance amendments are intended to preserve mature trees to the greatest extent possible throughout Prior Lake. The public benefits from trees for reasons related to the environment and to quality of life. 2. The amendments will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. This amendment will help accomplish a goal of the 2030 Comprehensive Plan under Environmental and Natural Resource Protection. The stated objective is to "provide for conservation and protection of the natural environment". 3. The adoption of this amendment is consistent with State and/or federal requirements. These amendments are consistent with federal and state requirements related to preserving environmental quality. ALTERNATIVES: 1. Motion and second to recommend amendments to Subsection 1007.2100 of the Zoning Ordinance, as may be further amended by the Commission. 2. Table or continue discussion of the item for a specific purpose. RECOMMENDED City Staff recommends Alternative #1. MOTION: ATTACHMENTS: 1. Redlined Ordinance Amendments to Subsection 1007.2100. 2. Site showing tree removal on vacant land in Prior Lake. 3. Maps of vacant parcels greater than 1 acre and greater than 2.5 acres in Prior Lake, including non -vacant parcels greater than 10 acres; Public and SMSC properties are not highlighted. Zoning Ordinance 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 Subsections 1107.100 — 1107.2000 have been removed for purposes of showing only the following amended Subsection 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. ➢ Establish reasonable requirements for replacement of significant trees. City of Prior Lake June 1, 2009 1107/pl Zoning Ordinance ➢ 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. ➢ Vacant property, including any parcel of land or any adjacent parcels in common ownershjp greater than two and one-half (2.5) acres with at least twenty-five (25) significant trees, or non -vacant property greater than ten 10) acres with at least fifty (50) significant trees. Public and SMSC Trust property is exempt. (°Woodlot"). 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: City of Prior Lake June 1, 2009 1107/p2 Zoning Ordinance 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 Ginkgo (Male trees) Hackberry Hawthorns Hickory, Bitternut Hone locust, 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 Exam les Large Hardwoods 27" dbh. Oaks Large Coniferous 24" dbh. I Pine City of Prior Lake June 1, 2009 1107/p3 Zoning Ordinance 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 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. Any plans reviewed by the City as part of this alternative analysis shall be kept on file at the City. City of Prior Lake June 1, 2009 1107/p4 Zoning Ordinance (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. 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, City of Prior Lake June 1, 2009 1107/p5 Zoning Ordinance 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. Woodlots. A woodlot alteration application shall be submitted to the Zonina Administrator for review prior to removal of any significant trees on a woodlot that is not beina reviewed by another application. Up to 35% of the total dbh inches of all significant trees may be removed without replacement or restitution. Failure to submit and receive an approved woodlot alteration application before removal of any trees may result in a two-year moratorium for issuance of a city_ grading or building ermit. to be determined by the City Council. In addition. a 1:1 tree replacement is required per the formula of this Subsection for all trees removed above 35%. (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. City of Prior Lake June 1, 2009 1107/p6 Zoning Ordinance 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. 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 §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. 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 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. 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. 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. 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. City of Prior Lake June 1, 2009 1107/p7 Zoning Ordinance 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 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. City of Prior Lake June 1, 2009 1107/p8 Zoning Ordinance 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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