HomeMy WebLinkAboutCity Council Packet 09-27-2016 Special
Special Council Meeting 1 of 1 September 27, 2016
CITY OF PLYMOUTH
AGENDA
SPECIAL COUNCIL MEETING
SEPTEMBER 27, 2016, 5:30 p.m.
MEDICINE LAKE CONFERENCE ROOM
1. CALL TO ORDER
2. TOPICS
A. Review of the Tree Preservation Ordinance (2016074)
B. Set future Study Sessions
C. Discuss acquisition of Parcel ID No. 1011822240009 (closed per State
Statute 13D.05, Subd. 3)
3. ADJOURNMENT
STUDY SESSION
COUNCIL MEETING
September 27, 2016
Agenda
Number: 2A
To: Dave Callister, City Manager
Prepared by: Shawn Drill, Senior Planner
Reviewed by: Barbara Thomson, Planning Manager, and Steve Juetten,
Community Development Director
Item:
Review of the Tree Preservation Ordinance (2016 074)
1. ACTION REQUESTED:
Review the city’s tree preservation ordinance and related information, and then direct staff regarding
whether any revisions should be considered.
2. BACKGROUND:
The City Council has asked staff to provide a synopsis of tree regulations from other cities (refer to
the attached Table of Tree Regulations). Although this issue was brought to the forefront in light of
emerald ash borer (EAB), the council may use the information to determine whether any aspect of
the ordinance should be updated. An EAB update memo from the City Forester is also attached for
your review.
The city’s tree ordinance (copy attached) was adopted by the City Council in 2003, with the stated
finding as follows:
“The Council recognizes that preservation and replanting of trees is important on new
development sites in order to maintain a healthy and desirable community. The Council also
recognizes that a certain amount of tree loss is an inevitable consequence of the urban
development process. The Council finds that these tree preservation regulations help to establish a
balance between an individual’s rights to develop his or her property, and the needs of the
community to protect all aspects of the natural environment and to provide housing, services, and
employment opportunities within the City.”
The stated purposes of the regulations include:
1) prevention of soil erosion and sedimentation;
2) improved air quality;
3) reduced noise pollution;
4) energy conservation through natural insulation and shading;
5) control of the urban heat island effect;
6) increased property values;
7) protection and privacy by maintaining and establishing buffers between conflicting uses; and
8) providing habitat for wildlife.
Page 1
The ordinance allows removal or disturbance of up to 50 percent of the significant tree inches for
residential developments, and up to 75 percent of the significant tree inches for non-residential
developments. Any removal or disturbance beyond the threshold requires reforestation, monetary
restitution, or a combination thereof. A significant tree is defined as a healthy tree that measures
eight inches in diameter or larger at a height of 54 inches above ground for deciduous trees, and that
measures four inches in diameter or larger at a height of 54 inches above ground for conifers.
Reforestation Formula: For every 1 inch of removal beyond the threshold, 1.25 inches of new trees
must be planted within the site – or outside the site if appropriate locations within the site are not
available. The minimum size allowed for new trees is 2.5 inches (caliper) for deciduous and 6 feet
(height) for conifers.
Restitution Formula: For every 1 inch of removal beyond the threshold, $125 must be paid into the
Community Planting Fund (for planting on city/park land).
The ordinance specifies that trees removed for water quality treatment ponds, public trails or
sidewalks, and within rights-of way for arterial and major collector roadways are exempt from the
calculation of total significant tree inches on a development site. The ordinance also exempts trees
that are dead, dying, or diseased at the time the tree inventory is performed.
There is a wide variety of ways that cities regulate tree preservation, as shown on the attached Table
of Tree Regulations. While the tree regulations for some cities exempt certain tree species that are
considered to be less desirable (e.g., boxelder or willow) from tree inventories, Plymouth’s tree
ordinance does not exempt any particular tree species – including species that are susceptible to
disease (elm trees susceptible to Dutch Elm disease, oak trees susceptible to Oak Wilt, and ash trees
susceptible to EAB). In essence, Plymouth’s ordinance currently treats all tree species as being equal,
provided the tree is healthy at the time of site development. No other cities presently have
regulations that exempt ash trees due to potential for EAB.
Exempting (not counting) certain species of trees would result in decreasing the number of eligible
significant trees on a development site, meaning that residential developers would be required to
preserve 50 percent of fewer trees before reforestation or restitution would apply. Furthermore,
exempting certain species of trees could have an impact that either works in favor of developers (less
reforestation and/or restitution required) or against developers (more reforestation and/or
restitution required) depending on the circumstances of the site. For example, if ash trees were
exempt, the impacts on two recent developments are outlined as follows:
DUNKIRK GATEWAY
Including Ash Trees Excluding Ash Trees
Total Eligible Significant/Healthy Tree Inches: 5,363 4,354
Removal Threshold (50%): 2,681.5 2,177
Total Significant/Healthy Inches Removed: 4,907 (91.5%) 3,898 (89%)
Inches Above 50% Threshold: 2,225.5 1,721
Reforestation Coefficient: 1.25 1.25
* Reforestation Inches Required: 2,782 2,151
Page 2
CAMELOT NINE AT BEGIN
Including Ash Trees Excluding Ash Trees
Total Eligible Significant/Healthy Tree Inches: 19,687 18,097
Removal Threshold (50%): 9,843.5 9,048.5
Total Significant/Healthy Inches Removed: 10,133 (51.4%) 9,485 (52.4%)
Inches Above 50% Threshold: 289 436.5
Reforestation Coefficient: 1.25 1.25
* Reforestation Inches Required: 362 546
* In the first example, the reforestation requirement would decrease if ash trees
were exempted, because more than 50% of the ash tree inches on the site
were proposed for removal. In the second example, the reforestation
requirement would increase if ash trees were exempted, because less than
50% of the ash tree inches on the site were proposed for removal.
If the council decides to make any particular species of tree exempt from the tree inventory
calculation, they should also provide direction relating to how such exempt trees should be
addressed (i.e., should they remain on the site if healthy, or should the developer be required to
remove them).
3. BUDGET IMPACT:
Not applicable.
4. ATTACHMENTS:
Table of Tree Regulations
EAB Update Memo
Tree Preservation Ordinance
Page 3
TABLE OF TREE REGULATIONS
City Tree Pres. Ord.
(Y/N) Regulations Exempt Species
Bloomington Y Tree preservation applies only to one-
and two-family subdivisions.
Significant tree: 6” dia. or larger for
oak, sugar maple, ironwood, &
hickory; 12” dia. or larger for other
non-exempt deciduous trees;
8” dia. or larger for conifers.
Removal beyond 50% requires
replanting at 1.25” per 1” removed.
Aspen, boxelder,
cottonwood,
silver maple,
& willow.
Eden Prairie Y Significant tree:
12” dia. or larger for deciduous;
8” dia. or larger for conifers.
Formula
A = significant tree inches removed
B = total significant tree inches
C = tree replacement consent (1.33)
D = replacement inches
[(A/B) x C] x A = D
Example
A = 337
B = 943
C = 1.33
D = 160
[(337/943) x 1.33] x 337 = 160
Remove 337”; Replant 160”
Aspen, boxelder,
elm, & willow.
Lakeville N n/a
n/a
Maple Grove Y Tree preservation applies only within
designated Tree Protection Districts
(T Overlay Zones).
Significant tree: 8” dia. or
larger for all species.
Removal beyond 30% requires
replanting at 1.5” per 1” removed.
None.
Page 4
TABLE OF TREE REGULATIONS – CONTINUED
City Tree Pres. Ord.
(Y/N) Regulations Exempt Species
Minnetonka Y Significant tree:
8” dia. or larger for deciduous;
15’ ht. or larger for conifers.
100% tree removal is allowed with no
mitigation in the follow areas:
1) within the footprints of, and 10’
around, bldgs. without frost footings,
parking lots, and reasonably-sized
driveways; 2) within the footprints of,
and 20’ around, areas for bldgs. with
frost footings; 3) within the footprints
of, and 10’ around, structures with
post footings (e.g., decks and
porches) if located at or outside the
area allowed by item 2 above; 4) in
ecological restoration areas approved
by the city; and 5) within ponding
areas and easements for public and
private streets and utilities.
Each significant tree removed outside
the areas specified above must be
replaced with a 2” tree.
None.
Plymouth Y (Standards are provided in the
report, and are also attached.)
*Regardless of reforestation
requirements, Plymouth requires 2
new front yard trees (2.5’ min.
caliper) per single-family lot.
None.
Woodbury Y Significant Tree: 6” dia. or larger for
hardwood trees (birch, black cherry,
hickory, ironwood, hard maples, oak,
& walnut); 12” dia. or larger for
common trees (ash, aspen, basswood,
boxelder, catalpa, cottonwood, elm,
hackberry, locust, poplar, silver
maple, & willow);
8” dia. or larger for conifers.
Removal beyond 30% requires 1/2”
for each 1” of hardwood tree,
1/8” for each 1” of common tree,
and 1/4” for each 1” of conifer.
None.
Page 5
MEMO
Park Maintenance & Forestry
14900 23rd AVENUE NORTH, PLYMOUTH, MN 55447
DATE: September 14, 2016
TO: Shawn Drill, Sr. Planner
FROM: Paul Buck, Forester
SUBJECT: EAB Update
The six (6) confirmed ash trees infested with EAB were removed during the winter of 2015-16.
These trees were located at or near The Lake Apartments (2500 Nathan La N). The area is in
the southeast corner of Medicine Lake.
In late winter, MDA & City staff conducted a visual survey of ash trees within a half (1/2) mile
radius of the confirmed infestation and no other infested trees were found.
City staff treated approximately 350 boulevard and park trees on the east side of Plymouth in
2016. This was the second time these trees have been treated. Next year the west side of
Plymouth will be treated for the second time. No other infested trees have been found,
despite numerous resident inquiries
Page 6
CITY OF PLYMOUTH
TREE PRESERVATION ORDINANCE
[Excerpt of Section 502]
Section 502 – Rules and Definitions
502.03. Definitions. The following words and terms, wherever they occur in this Chapter,
shall be interpreted as herein defined:
Tree Preservation Related:
A. Critical Root Zone: The circular area measured outward from a tree trunk
equaling one foot of radius for each one inch of diameter of the tree.
B. Disturbance Zone: Any area which would be physically altered from its
natural state, including but not limited to all areas of grading, utility
installation, building pads, driveways, or parking areas.
C. Natural Preserve: Publicly owned lands designated as park or open space
or private properties approved by the City which are set aside to preserve
their natural characteristics and qualities pursuant to Section 811 of the
City Code.
D. Protected, Preserved, or Undisturbed Tree: Any tree with at least 75% of
its critical root zone left undisturbed, and which has been protected during
the construction process by tree protection fencing if its trunk is located
within 15 feet of any disturbance zone.
E. Significant Tree: Any healthy tree measuring eight inches in diameter or
larger at a height of 54 inches above ground for deciduous trees, and
measuring four inches in diameter or larger at a distance of 54 inches above
ground for coniferous trees.
F. Tree Inch: An inch in the diameter of a significant tree.
Page 7
Section 530 – Tree Preservation
530.01. Findings and Purposes.
Subd. 1. The Council recognizes that preservation and replanting of trees is
important on new development sites in order to maintain a healthy and desirable community.
The Council also recognizes that a certain amount of tree loss is an inevitable consequence of
the urban development process. The Council finds that these tree preservation regulations
help to establish a balance between an individual’s rights to develop his or her property, and
the needs of the community to protect all aspects of the natural environment and to provide
housing, services, and employment opportunities within the City.
Subd. 2. The purposes of these tree preservation regulations include, but are not limited
to, 1) prevention of soil erosion and sedimentation, 2) improved air quality, 3) reduced noise
pollution, 4) energy conservation through natural insulation and shading, 5) control of the
urban heat island effect, 6) increased property values, 7) protection of privacy by maintaining
and establishing buffers between conflicting land uses, and 8) providing habitat for wildlife.
530.03. Scope. The regulations contained in this section shall apply to all properties
involving 1) a preliminary plat application received after August 15, 1995, or 2) a lot division
application resulting in the creation of one or more new development parcels, received after
August 15, 1995. The City does, however, strongly encourage preservation of healthy trees
on all properties within the City. (Ord. 2009-08, 5/12/2009)
530.05. Removal Threshold.
Subd. 1. Developments in residential districts may remove or disturb up to 50% of
the total inches of significant trees. Any removal or disturbance beyond this threshold shall
require reforestation or restitution.
Subd. 2. Developments in non-residential districts may remove or disturb up to 75%
of the total inches of significant trees. Any removal or disturbance beyond this threshold
shall require reforestation or restitution.
Subd. 3. For developments in mixed use districts that include both residential and
non-residential uses, the developer of any lot that solely contains residential use may remove
or disturb up to 50% of the total inches of significant trees on such lot. The developer may
remove or disturb up to 75% of the significant trees on the remainder of the site. Any
removal or disturbance beyond these thresholds shall require reforestation or restitution.
(Ord. 2012-06, 2/28/2012)
Page 8
530.07. Reforestation/Restitution Requirement. If a development exceeds the allowable
removal or disturbance threshold specified in Section 530.05 above, the subdivider shall
either reforest appropriate areas within the site (or outside the site if appropriate locations
within the site are not available) or pay restitution, or provide a combination thereof, as
directed by the City. For each one (1.0) tree inch that is removed or disturbed beyond the
threshold, the subdivider shall replant 1.25 inches of new trees or provide the City with $125
in restitution. (Ord. 2006-05, 2/07/2006; Ord. 2013-12, 4/23/2013)
530.09. Tree Inches Not Counted. The tree inches of significant trees to be removed for
water quality treatment ponds, public trails or sidewalks, and rights-of-way for arterial and
major collector roadways shall be exempt from the calculation of total significant tree inches
on a development site.
530.11. Tree Survey/Preservation Plan. A tree survey and tree preservation plan shall be
submitted with all preliminary plat applications, and with all lot division applications
involving the creation of one or more new development parcels. The tree survey and tree
preservation plan shall be prepared and signed by a registered surveyor or forester not less
than two years prior to submission of a complete application for preliminary plat approval,
and shall provide the following information:
A. Location, diameter, and species of all significant trees on the site.
B. Identification of which significant trees are 1) to be protected, preserved,
or undisturbed, 2) to be removed or disturbed, and 3) exempt from the calculation
(under Section 530.09). (Ord. 2006-05, 2/07/2006)
C. Areas proposed to be designated as natural preserves where all natural
vegetation, including significant trees, will be protected and preserved (refer to
Section 811 of the City Code-- Natural Preserves—for information requirements).
D. Proposed disturbance zones, as identified by cross-hatching or gray-
colored shading on the plan.
E. Location and dimensions of building pads, construction zone for each lot,
and proposed street layout and grading contours of the site.
F. Proposed locations and details of tree protection fencing to be installed for
all trees to be preserved.
G. Calculation of removed or disturbed significant tree inches on the site
(excluding exempt tree inches) divided by the total significant tree inches on the
site (excluding exempt tree inches).
Page 9
530.13. Reforestation/Restitution Plan.
Subd. 1. If the amount of significant tree inches to be removed or disturbed exceeds
the specified threshold, the subdivider shall provide a reforestation plan, or a calculation of
restitution, or a combination thereof.
Subd. 2. A reforestation plan shall be prepared and signed by a registered landscape
architect or forester and shall comply with the following criteria:
A. The plan shall indicate the location and diameter or height of all trees to be
planted.
B. No more than 1/4 of the trees to be planted may be from any one species,
unless recommended by the City Forester.
C. Plantings shall be of similar vegetation as found on the site, with a
preference for plantings designated as native to the site.
D. The minimum planting size for deciduous trees shall be 2.5 inches in
diameter, and the minimum planting size for coniferous trees shall be six feet in
height, except that up to 15% of the required tree inches may be of ornamental
species of a lesser size, provided the required number of replacement inches is
maintained.
E. Installation of trees shall follow the City’s standard tree planting details as
provided in the City’s Engineering Guidelines. (Ord. 2010-02, 2/23/2010)
F. Trees to be planted shall be from certified nursery stock as defined and
controlled by Minnesota Statutes Sections 18.44 through 18.61, the Plant Pest
Act.
Subd. 3. Replacement trees shown on a reforestation plan may count toward the trees
required by the City’s landscaping regulations.
Subd. 4. Restitution shall be paid to the City in cash prior to the City’s release of the
signed final plat mylars for recording, or prior to approval of a minor subdivision. Any
restitution paid shall be placed in the Community Planting Fund and shall be used for
reforestation projects in the City.
530.15. Staff Review. The tree preservation plan and any related reforestation plan or
calculation of restitution shall be reviewed and evaluated by the City Forester. The City
Forester may make recommendations for adjustment of locations of structures, roadways,
utilities, and for replanting and other elements that may be necessary to enhance tree
preservation and reforestation efforts.
Page 10
530.17. City Action. A tree preservation plan and reforestation plan, including the
designation of any natural preserves, shall be considered for approval or denial by the
Council as part of the review of a preliminary plat. (Ord. 2011-06, 2/22/2011)
530.19. Amendments. A tree preservation plan and reforestation plan may be amended
after it has been approved. The Zoning Administrator shall have authority to approve
amendments, except that a change resulting in removal of more than ten percent of the
significant tree inches that were shown as preserved on a Council approved tree preservation
plan shall require further review by the Council. As part of any amendment to a tree
preservation plan, the required reforestation and/or restitution shall be increased or reduced
as appropriate. Requests for amendments shall be submitted prior to removal of any trees
shown as preserved on an approved plan. Amendment of a Natural Preserve shall be
governed by Section 811 of the City Code.
530.21. Financial Guarantee. Following approval of the tree preservation plan, but prior
to issuance of a grading permit or building permit if no grading permit is required, the
subdivider shall provide a financial guarantee, as follows:
Subd. 1. A cash escrow or letter of credit to guarantee the tree preservation plan, and
the reforestation plan if applicable. The guarantee shall be part of the development contract
for projects including public improvements, or shall be part of a site improvement
performance agreement (SIPA) if no public improvements are proposed.
Subd. 2. The amount of the financial guarantee shall be calculated as follows: 25%
of the total significant tree inches shown as preserved that are located within 15 feet of a
disturbance zone multiplied by $125 per inch, plus 100% of the total tree inches required by
the reforestation plan, if applicable, multiplied by $125 per inch. The minimum financial
guarantee shall be $1,000. The amount of the financial guarantee shall be maintained at the
calculated level until such time as 1) all trees on the site (preserved trees and new
reforestation trees) have survived a winter season, which is defined as the period 31 October
through 30 April for the purpose of this section, and 2) the City has inspected the site and
authorized a reduction or release.
530.23. Inspection and Enforcement of Tree Preservation Plan.
Subd. 1. Prior to removal of any trees and prior to issuance of a grading permit, or
prior to commencement of any grading operations if no grading permit is required, or prior to
issuance of a building permit if no grading operations are required, all sites shall be staked
and fenced for tree preservation pursuant to the approved tree preservation plan. A copy of
the approved tree preservation plan shall be submitted with an application for a grading
permit, or with an application for a building permit if no grading permit is required. Such
tree preservation plan shall also indicate any reforestation trees to be planted on the site.
Upon staking of the site and installation of the tree protection fencing, but prior to issuance
of any permits or commencement of any grading operations, the subdivider shall contact the
City Forester to schedule an inspection of the staking and fence installation on the site. No
permits shall be issued, nor shall any grading operations commence, without first receiving
Page 11
authorization by the City Forester. Tree protection fencing shall remain in place until after
the certificate of occupancy is issued for the building on the site.
Subd. 2. Upon completion of the preliminary site grading operations, but prior to any
further issuance of permits upon the site, the subdivider shall contact the City Forester to
schedule a second inspection of the site to verify the preservation of trees, as shown on the
approved tree preservation plan. No additional permits shall be issued within the plat until a
fine of $150 per inch is paid for the disturbance of all significant tree inches that have not
been protected, but were shown as protected on the approved tree preservation plan. Any
such fines collected shall be placed in the Community Planting Fund and shall be used for
reforestation projects in the City.
Subd. 3. Prior to issuance of a certificate of occupancy for an individual lot (if within
a subdivision), the subdivider (or builder if different from the subdivider) shall contact the
City Forester to schedule a final tree preservation inspection to verify the preservation of
trees and the planting of any reforestation trees, as shown on the approved tree preservation
plan. This required inspection shall be made at least five working days before the certificate
of occupancy is requested. Prior to issuance of a certificate of occupancy, a fine of $150 per
inch shall be paid for the disturbance of all significant tree inches that have not been
protected, but were shown as protected on the approved tree preservation plan. Any such
fines collected shall be placed in the Community Planting Fund and shall be used for
reforestation projects in the City. (Ord. 2014-13, 1/25/2014)
Page 12
SPECIAL
COUNCIL MEETING
September 27, 2016
Agenda
Number: 2B
To: Mayor and Council
Prepared by: Dave Callister, City Manager
Reviewed by:
Item: Set Future Study Sessions
Staff is suggesting scheduling the following study session and meeting:
Reschedule study session to discuss County Road 47 to November 29th at 5:30 p.m. Meeting
was originally scheduled for October 18th but there is a conflict with that date due to the
League of Women Voters local candidate forum.
Schedule Economic Development Authority meeting on November 1st at 6:00 p.m.
City Manager’s quarterly update on November 15th following regular Council meeting.
Pending Study Session Topics (at least 3 Council members have approved the following study items on
the list):
None at this time.
Other Council requests for Study Session Topics:
None at this time.
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September 2016
3400 Plymouth Boulevard
Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000
Fax: 763-509-5060
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October 2016
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November 2016
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Fax: 763-509-5060
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December 2016
3400 Plymouth Boulevard
Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000
Fax: 763-509-5060
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
7:00 PM
REGULAR COUNCIL
MEETING
Council Chambers
7:00 PM
PARK & REC
ADVISORY
COMMISSION
(PRAC) MEETING
Council Chambers
CHRISTMAS DAY
CITY OFFICES
CLOSED
7:00 PM
HOUSING AND
REDEVELOPMENT
AUTHORITY (HRA)
MEETING
Medicine Lake Room
SUN TUES MON WED THUR FRI SAT
Modified on 12/29/15 CHACHANGES ARE MADE IN RED
NEW YEAR’S EVE
7:00 PM
CHARTER
COMMISSION
ANNUAL MEETING
Medicine Lake Room
7:00 PM
ENVIRONMENTAL
QUALITY
COMMITTEE (EQC)
MEETING
Council Chambers
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
2:00 - 5:00 PM
Old Fashioned
Christmas
Plymouth Creek Park
6:00 PM - 9:00 PM
New Years Eve
Event
Plymouth Ice Center
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