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7b. Adopt Ord CC SubdivisionCITYOF C SEN 7700 Market Boulevard PO Box 147 Ohanhassen MN 55317 Administration Phone 952.227.1100 Fax: 952 2271110 Building inspections ?f one: 9522271180 Fax: 9522271190 Engineering Phone: 9522271160 Fax: 9522271170 Finance Phone 9522271140 Fax: 952227,1110 Park & Recreation Phone: 9522271120 Fax: 9522271110 Recreation Center 2310 Coulter Boulevard ?hon~ 9522271400 Fax: 9522271404 Planning & Natural Resources Phone: 952 2271130 Fax: 952 2271110 Public Works 1591 Park Road Phone~ 9522271300 Fax: 9522271310 Senior Center PIlone 952 227 1125 Fax: 952227 1110 Web Site wwwci chanhasse;~ mn us MEMORANDUM TO: Todd Gerhardt, City Manger FROM: DATE: Bob Generous, Senior Planner May 24, 2004 SUB J: Adoption of Ordinance, Chapter 18, Chanhassen City Code, Subdivision; Approval of Summary Ordinance for Publication Purposes ACTION REQUIRED A simple majority vote of City Council members present is required to adopt the amendment; however, a 4/5ths vote is required for approval of the summary ordinance for publication purposes. BACKGROUND City Council directed that the tree preservation portion of the subdivision be reviewed separately from the balance of the subdivision ordinance. The proposed changes to section 18-61 have been reviewed previously by the Chanhassen Planning Commission and City Council. SUMMARY Staff believes that these changes clarify the ordinance and is recommending approval of the amendment. RECOMMENDATION Staff is recommending that the City Council adopt the attached ordinance for Chapter 18, section 18-61, of the Chanhassen City Code; and approve the summary ordinance for publication purposes. ATTACHMENT 1. Ordinance Amending Chapter 18, section 18-61, Chanhassen City Code. 2. Summary Ordinance. g:\plan\bg\city code\cc memo section 18-61 .doc The City of Chanhassen · A growing community with clean lakes qua! P~, ~'-,rq~ -~ · , scuu.~,s a ,, ,,rr ,1 ,c,, I ,,,,, , I ii ',)i, ~,:; ,,; ',::] ': ; ; CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18, SUBDIVISIONS, CHANHASSEN CITY CODE, THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 18-61 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Landscaping and tree preservation requirements. (a) Required landscaping/residential subdivision. (1) Each lot shall be provided with a minimum of one (1) deciduous or conifer tree to be placed in the front yard. The type of tree shall be subject to city approval. Coniferous trees must be at least eight (8) feet high and deciduous trees must be at least two and one-half (2I/2) inches in diameter at the time of installation. This requirement may be waived by the city where the applicant can demonstrate that a suitable tree having a minimum diameter of two and one-half (21/2) inches for deciduous and eight-foot height for conifers is located in an appropriate location on the lot. The following trees may be used to meet planting requirements: Scientific Name Deciduous Trees Common Name Acer saccharum Maple, Sugar or hard Carya ovala Shagbark Hickory Celtis occidentalis Hackberry Juglans nigra Black Walnut Quercus rubra Oak, Red Quercus alba Oak, White Q~ercus bicolor Oak, Bicolor Quercus macrocarpa Oak, Bur Tilia americana Linden, American Acer rubrum spp. Maple, Red, all varieties Acer xfreemanii, spp. Maple, Freeman, all varieties Acer sacc~harinum 'Sih,er Queen' Maple, Silver Queen Aesculus glabra Ohio Buckeye Betula nigra Birch, River Betula papyrifera Birch, paper Betula pendula 'Dalecarlica' Birch, cut leaf weeping Catalpa speciosa Northern Catalpa Fraximts spp. Ash, all varieties Ginkgo biloba Ginkgo Gleditsia triacanthos inermis, spp. Honeylocust, thornless ~ all varieties Gymnocladus dioicus Coffeetree, Kentucky Tilia spp. Linden, all varieties Uhnus spp. ELM, DED-resistant varieties Ornamental ] Acer ginnala Maple, Amur Amelanchier spp. [ Serviceberry or Juneberry I Crataegus spp. [ Hawthorn, all varieties Malus spp. Crabapple, assorted flowering-Varieties, Ostr),a virginiana Ironwood Populus tremuloides Aspen Sorbus spp. Ash, Mountain, all varieties Phellodendron amurense Amur Corktree Prunus cerasifera 'Newport' Plum, Newport Prunux triloba Plum, flowering or Rose Tree of China Prunus virginiana 'Schubert' Chokeberry, Schubert Syringa reticulata Lilac, Japanese tree Conifers Abies balsamea Fir, Balsam Abies concolor Fir, Concolor Larix laricina Tamarack Picea abies Spruce, Norway Picea glauca Spruce, White Picea glauca densata Spruce, Black Hills Picea pungens Spruce, Colorado Green Pinus nigra Pine, Austrian Pinus ponderosa Pine, Ponderosa Pinus resinosa Pine, Norway Pinus strobus Pine, White Pinus sylvestris Pine, Scotch Pseudotsuga menziesii Fir, Douglas Thuja occidentalis Arborvitae Thuja occidentalis 'Techny' Techny Arborvitae (2) The tree(s) must be installed prior to receiving a certificate of occupancy or financial guarantees acceptable to the city must be provided to ensure timely installation. (3) All areas disturbed by site grading and/or construction must be seeded or sodded immediately upon completion of work to minimize erosion. When certificates of occupancy are requested prior to the satisfaction of this requirement, financial guarantees acceptable to the city, must be provided. (4) No dead trees or uprooted stumps shall remain after development. On-site burial or burning is not permitted. (5) Landscaped buffers around the exterior of the subdivision shall be required by the city when the plat is contiguous with collector or arterial streets as defined in the comprehensive plan and where the plat is adjacent to more intensive land uses. Required buffering shall consist of berms and landscape material consisting of a mix of trees and shrubs and/or tree preservation areas. No fences will be permitted between the required buffer and the collector or arterial street. Where appropriate, the city may require additional lot depth and area on lots containing the buffer so that it can be adequately accommodated and the homes protected from impacts. Lot depths and areas may be increased by twenty-five (25) percent over zoning district standards. The landscape plan must be developed with the preliminary and final plat submittals for city approval. Appropriate financial guarantees acceptable to the city shall be required. (b) It is the policy of the city to preserve natural woodland areas throughout the city and with respect to specific site development to retain as far as practical, substantial tree stands which can be incorporated into the overall landscape plan. (c) No tree removal shall be permitted except as approved in a subdivision, planned unit development or site plan application. Removal of trees prior to city approval will result in the issuance of a citation. The cleared area shall be replanted at a rate of two (2) times the DBH inches (DBH means diameter measured at breast height, 4.5 feet above the ground) of trees removed, if known, or one (1) tree per 1,089 square feet of replacement area with the required replacement area calculated at two (2) times the canopy coverage area that was removed. Additionally, the development review process shall be halted and the developer shall be required to resubmit revised existing site condition and tree inventory plans and new landscaping plans incorporating the additional planting requirements. (d) The following standards shall be used in evaluating subdivisions and site plans: It is a policy of the City of Chanhassen to protect the integrity of the natural environment through the preservation, protection, and planting of trees. The city finds that trees provide many benefits including: stabilization of the soil by the prevention of erosion and sedimentation, reduction of storm water runoff and the costs associated therewith, improvement of air quality, reduction of noise pollution, control of urban heat island effect, protection and increase of property values, protection of privacy, energy conservation through natural insulation, control of drainage and restoration of denuded soil subsequent to construction and grading, protection from severe weather, providing habitat for birds and other wildlife, conservation and enhancement of city's physical and aesthetic environment, reforestation of open lands, and general protection and enhancement of the quality of life and general welfare of the city. It is therefore the purpose of this section to provide regulations related to the cutting, removal, or killing of trees on construction and development sites and to ensure the protection and preservation of the natural environment and beauty of the City of Chanhassen. (2) Prior to the submittal of development plans, a tree survey of the site shall be prepared by a registered landscape architect, licensed forester, or other professional approved by the city. This survey shall include the species, DBH size (DBH means diameter measured at breast height, 4.5 feet above the ground), condition, location of all, trees over six inches in diameter and any damaged or diseased trees on site. All significant special, damaged or diseased trees shall be tagged and identified by number on the survey. A delineation of the existing canopy coverage area(s) which outlines all areas covered by tree canopy shall be included as part of the survey. Additionally, all damaged and diseased trees shall be cataloged with the nature and extent of any damage or disease specified. Based on this survey and either site observation and measurement or a current aerial photograph (taken within one (1) year of the date of plan submittal) interpretation, the following shall be calculated: 1. Base tine canopy coverage. 2. Minimum canopy coverage requirements. 4 The following table shall be used to determine the minimum amount of canopy coverage that must be maintained or provided on-site as part of the development. It shall represent the minimum canopy coverage, consisting of existing tree canopy and/or additional trees required for the site. Existing wetland and bluff areas located on site shall be excluded from the calculation of site area in the determination of site coverage. If a forested area is to be dedicated to the city for park land, then this area shall not be included in the base line canopy coverage area calculation nor shall it count towards the minimum canopy coverage for the site. Base Line Canopy Coverage Per Acre Comprehensive Plan Designation 80-- 60--79% 40--59% 20--39% 19% or 100% less Commercial/industrial/institutional 28% 25% 20% 14% 10% High density residential 35% 30% 25% 20% 15% Medium density residential 40% 35% 30% 25% 20% Low density residential 55% 46% 35% 30% 25% Large lot residential 68% 56% 43% 35% 25% Base line canopy coverage is the canopy coverage existing at the time the development application is filed with the city. Minimum canopy coverage is determined by using the matrix. Priority shall be given to retaining stands of trees and undisturbed wooded lands over individual specimen trees that will be incorporated into the development. No more than ten (10) percent of the canopy retention requirement may be met by an individual tree that is not included within a designated woodland area. For developments that do not meet the minimum canopy coverage, the developer shall be required to develop a planting plan to bring the total canopy coverage up to the minimum requirement. For development that removes canopy area or trees that would otherwise be used to meet the canopy coverage retention requirement, the developer shall develop a replacement plan. The replacement plan must designate an area at least one and two-tenths (1.2) times the removed canopy coverage area that shall be planted with replacement trees for those removed. This plan shall locate additional trees either as a continuation of existing stands of trees that are to be preserved or create new stands of trees in desirable locations such as along roadway corridors, on the north and west perimeters of the development, in common open areas, or adjacent to park facilities. The following criteria shall be followed in establishing minimum canopy coverage: 1. When planting trees, one (1) tree shall be deemed to provide one thousand eighty-nine (1,089) square feet of required canopy coverage; 2. Trees must be from the approved list of desirable species (preference given for trees designated as native); 3. No more than one-third (~/3) of the trees may be from any one (1) tree species; 4. Trees shall average at least two-and-one-half-inch caliper and may be a minimum of one-and-one-half-inch caliper; 5. Not less than twenty (20) percent of the trees shall be conifers; 6. Conifer trees shall average seven (7) feet and shall be a minimum of six (6) feet in height; 7. Plant materials used for the reforestation shall be of a similar species as vegetation found on site; 8. Trees shall be used that are appropriate to the soil conditions found on site; and 9. Trees shall be from certified nursery stock as defined and controlled by Minnesota Statute sections 18.44 through 18.61, the Plant Pest Act. (3) In order to calculate the tree removal area of the single-family detached development, the applicant must include the front 105 feet of the each lot within the tree removal area of the development. If a front setback variance is approved as part of the subdivision review process, the depth of the area calculated for tree removal on the tot may be reduced by the amount of the front yard setback variance. (4) Minimizing the tree loss should be achieved by any combination of the following: a. Realignment of streets, utilities and lot lines. b. Consideration of alternative utility configurations such as the use of ejector pumps, force mains, or revised home elevations to minimize grading. c. Reductions in roadway width and right-of-way and increase in street grade up to ten (10) percent when the applicant can demonstrate that significant tree preservation is directly related to the modification. d. Use of private streets in lieu of public streets. e. Variation in street radius and design speed. f. Modified grading plans. g. Within PUDs, the city council may consider waiving minimum lot area requirements and/or density transfers as long as it can be demonstrated by the applicant, that tree preservation can be enhanced. In no case shall overall project densities exceed what is allowed by the Comprehensive Plan. The greater the level of preservation, the greater flexibility will be considered by the city. (9) (6) (7) (8) Within PUDs, variations to building setback lines provided a minimum twenty (20) foot building separation is maintained between buildings on adjacent lots. The setback variations shall be established and recorded as part of the plat approval. Trees designated for preservation shall be protected by snow fences with clearly marked signage specifying that the area is off limits for construction activities, or other means acceptable to the city, prior to land preparation or construction activities. Protective barriers in locations determined by the city must remain in place until all construction activities are terminated. No equipment, chemicals, soil deposits, or construction materials shall be placed within the protective barriers. All understory trees and natural vegetation should be preserved within the boundaries of the protective areas. Where this protection area cannot be maintained or would otherwise render lots undevelopable, an alternate protection, mitigation or tree replacement plan may be considered and approved by the city. This plan may include the use of retaining walls, installation of aeration systems, requirement for post construction deep root fertilization and soil aeration, or construction vehicle ramp systems. At the city's discretion, conservation easements may be required to protect designated tree preservation areas. Such easements shall be permanently marked and signed as a conservation area with low profile monumentation acceptable to the city. A monument is required for each three hundred (300) linear feet of tree conservation area. Within designated woodland areas, the city shall encourage the use of indigenous grasses and plant species to more closely resemble a natural area. Home owners associations shall be responsible for the maintenance of vegetation in common areas. Individual property owners shall be responsible for the maintenance of vegetation on their property. The planting of trees in excess of those required by this ordinance is permitted within the designated woodland area. During the removal process, trees shall be removed so as to prevent blocking of public rights-of-way or interfering with overhead utility lines. The removal of diseased and damaged trees is permissible only if they cannot be saved. These trees shall not be counted when computing the base line tree canopy coverage. If any protected significant trees are removed or killed or there is a loss of trees as the result of construction activities, the city requires replacement at the rate of two (2) diameter inches per each inch of DBH of the removed, killed, or lost trees. The replacement trees shall be at least two and a half (21/2) inches diameter and will be species that conform to the List of Desirable Tree Species for Planting in Chanhassen. No more than one-third (l/_0 of the trees may be from any one (1) tree species. Other species or sizes may be used as replacement trees subject to approval by the city. Alternately, at the city's discretion, if a developer removes trees within a protected area, the canopy coverage area shall be calculated for that area and a replacement area two (2) times the canopy coverage area that was removed shall be planted. One tree shall be planted for each one thousand eighty- nine (1,089) square feet of required replacement area. Trees shall be from the list of desirable tree species, no more than one-third (/.0 of trees from any one (1) tree species, average two4and-one-half-inch diameter with a minimum one-and- one-half-inch diameter, a similar species as vegetation existing on site, and appropriate to the soil conditions. For any replacement trees that cannot be planted on the original site due to space restrictions, the developer shall pay the city the value of the trees, including material and installation, in to the community tree planting fund. (10) Financial guarantees acceptable to the city shall be required to ensure satisfactory installation of landscaping requirements. Section. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota .,2003, bythe Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. __., AN ORDINANCE AMENDING CHAPTER 18 OF THE CHANHASSEN CITY CODE SUBDIVISIONS. The purpose of this code amendment is to clarify minimum front yard landscaping requirements; consolidate and clarify the tree lists; prohibit the burning of trees on site; specify sanctions for the removal of trees prior to city approval of the plans; require that trees six inches and larger shall be located on the tree survey; add that bluff areas are excluded from canopy coverage area calculations; delete woodland management plan requirements; clarify that the tree removal calculations for single-family detached housing developments shall include the front 105 feet of a lot; require that the location of tree protection fencing must be approved by the city; require that the replacement plantings for the removal of trees that were approved for protection shall be two (2) times the canopy area removed; and permit the developer to pay in to a city fund the value of trees required for replacement of protected trees which can not be located on the site. A printed copy of Ordinance No. __ is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this __ 2004, by the City Council of the City of Chanhassen. day of CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND Todd Gerhardt, City Manager/Clerk (Published in the Chanhassen Villager on ).