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B. Disc Ord. Tree PreservationCITYOF CHANHASSEN 7700 Marke! Bodevard PO Box 147 Chanhassen MN 55317 Adminislralion Phone: 952 227 1100 Fax 9522271110 Building Inspections Fl'one 9522271180 Fax 952227 1190 Engineering Phone 9522271160 Fax: 952.227 1170 Finance Phone: 952 22~ 1140 Fax: 952227 1110 Park & Recreation Phone: 9522271120 Fax: 9522271110 Recreation Center 2310 Coulter Boulevard Phone: 952 2271400 Fax; 9522271404 Planning & Natural Resources Phone: 952 227 1130 Fax: 9522271110 Public Works 1591 Park Road Phone: 952.2271300 Fax; 9522271310 Senior Center Fl, one: 9522271125 Fax: 9522271110 Web Site wwwci chanhassen mn us MEMORANDUM TO: Todd Gerhardt, City Manger FROM: DATE: Bob Generous, Senior Planner Jill Sinclair, Environmental Resource Specialist ~,,~, May 24, 2004 SUB J: Discussion of Ordinance, Chapter 18, Chanhassen City Code, Subdivisions, Section 18-61, Tree Preservation BACKGROUND This item was reviewed previously by the City Council on February 23, 2004 and tabled for additional information. DISCUSSION Section 18-61, Tree Preservation, was first adopted in 1994 in response to an increase in development and the resulting impact on existing trees and woodlands in the city. The intent of the ordinance is to protect trees because of the public benefits they provide without causing undue hardships on developers. It is in the best interest of the city to safeguard against tree loss since trees provide shade for cooling and energy savings, clean air, screening for unsightly or unwanted views, habitat for wildlife as well as increase property values, improve community aesthetics, reduce erosion and stormwater runoff, and buffer against winter winds. Originally, the ordinance aimed at preserving trees individually. This attempt proved cumbersome and unrealistic, for developers and city staff alike. Often tree preservation techniques were breached because of insufficient work room for builders and overstated expectations in the ability of the tree to withstand construction activities. Individual trees were, and still are, vulnerable to fatal damage caused by construction practices. For trees, as in the animal world, there is safety in numbers. In the last decade, trial and error has proven that the greatest success for tree preservation comes from saving groups of trees rather than individual specimens. The success stems from the protection of a greater area of roots, little change in the microclimate surrounding the trees, tess chance of equipment violating the protection area and a greater ability for regeneration due to the existing seed sources. Grouping also allows for a greater effect on many issues, such as erosion control and stormwater runoff, property values, wildlife habitat, tree health, and aesthetics. The City of Chanhassen · A growing community with clean lakes C Lalitv schools Mr. Todd Gerhardt May 24, 2004 Amendment Chapter 18, Section 18-61 Page 2 There have been two major points of discussion during the process of reviewing this section of Chapter 18. The first one, Section 18-61 (d) (4), is the way tree removal is calculated on each lot. The second, Section 18-61 (d) (6), attempts to incorporate a financial penalty for unapproved tree removal. Section 18-61 (d) (4) landscaping and tree preservation. This item deals with the calculation of the amount of tree removal. Staff is proposing using the front building area of a lot, rather than a building pad, to estimate the area of tree removal for a subdivision. Specifically, we believe that the calculation should be that tree removal will occur within the first 105 feet of the lot. Staff is proposing this method of calculating the tree removal for a development based on the following sequence of requirements in how a home is built. The 105 feet includes the 30-foot front setback (an area where small utility installation takes place, where building materials are stored, and where vehicles and access to the site is taken), a 47-foot house (the average building envelope depth), a 12-foot deck and a 15-foot grading area, plus one foot to round up to the nearest five feet. Past experience shows that most trees in the front and side yards are severely damaged and eventually killed by construction practices and at least 15 feet around the foundation is needed for access to the building. There are examples of residential lots in the city where fewer trees were removed than stated above, but the majority of residential wooded lot examples show those dimensions. Should a developer be able to save trees in this area, then they would be credited as part of the building permit process against required plantings for the house. Staff has also compared our standards with those of other communities. Based on this comparison, our standards require more reforestation or planting than other communities. We have also pulled sample surveys from the building department to determine if there is an average building envelope that should be used to determine adequate building area. As can be seen from the attached survey, the average building envelope is 2,226 square feet with a range of 1,833 square feet to 2,971 square feet. These building envelopes range in length from 56 to 80 feet with a depth from 31 to 55 feet with an average dimension of 68 feet by 47 feet. Section 18-61 (d) (6) landscaping and tree preservation. This item had previously been modified to include a financial penalty for developers and builders who fail to property protect trees during construction. Staff had originally proposed $500 per diameter inch and then reduced it to $100 after reviewing the city of Plymouth's requirements. The Planning Commission felt strongly that $100.00 was not sufficient to deter tree removal and recommended that at least $300.00 be required (1/20/04). City Council felt that this was too onerous and not fair or equitable. There is a difference between whether trees are removed accidentally or purposely, and proving the difference would be very difficult if not impossible. Staff is recommending that this item be deleted. Firstly, the proof of intent would be problematical to establish. Secondly, we believe that if we can designate an area beginning 105 feet back from the front property line where tree preservation shall occur, then there will be a solid distinction between the construction area and the protection zone. This will provide the Mr. Todd Gerhardt May 24, 2004 Amendment Chapter 18, Section 18-61 Page 3 developer/builder with sufficient room in which to work and significantly reduce, if not eliminate, the tendency to encroachment within a tree's protection area. Staff is recommending approval of the amendment. RECOMMENDATION Staff is recommending that the City Council provide direction for the revision of this section of the ordinance. ATTACHMENTS 1. Amendments to Chapter 18, Section 18-61, Strikethrough/Bold Format. 2. Letter from Jan & Jerry Paulson dated February 23, 2004. 3. Tree Removal Calculation Sample 1. 4. Tree Removal Calculation Sample 2. g:\plan\bg\city code\cc memo section 18-61 discussion.doc Sec. 18-61. 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 ~W[,,~ ,-;~ ..... ;~ ide ........ t~ ..... ,. Coniferous trees must be at leasto,,o4 ~ w2ra~ eight (8) feet high and deciduous trees must be at least two and one-half (2~/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 (2~/2) inches for deciduous and six eight-foot height for ~ conifer and fear ~: .... ~ .... ,~ .......a is located in an appropriate location on the lot. The following trees may be used to meet planting requirements: *This distinction is confusing and unnecessary. Deciduous or conifer added for clarification purposes. Conifer trees used as overstory trees must be at least eight feet tall, which is consistent with the landscaping requirements of Chapter 20. The lan&caping is provided as part of the landscaping plan for the project. The ordinance contains the list of species. (7/1.5/03) r,,4 ..... c,=,~=, Common Name Deciduous Trees Acer saccharum Maple, Sugar or hard Carya ovata Shagbark Hickory Celtis occidentalis Hackberry Juglans nigra Black Walnut Quercus rubra Oak, Red Quercus alba Oak, White Quercus bicolor Oak, Bicolor Quercus macrocarpa Oak, Bur Tilia americana Linden, American ~t~,, ~;~,,~,,o ,~, ....... z .......... ;,z .... 'r',.; .......... Ki::, ' 4 ..... . ..1..,~ ....... ;.1.,,. ' 1.,.1., f21 ..... ~ ,t/I.,~1. I...1., 1'2t Acer rubrum spp. Maple, Red, all varieties Acer x freemanii, spp. Maple, Freeman, aH varieties Acer sacceharinum 'Silver 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 Fraxinus '" , ;;;;;cr;c ;;;;c; spp. Ash, w~;.., all varieties L', ..... ; .......... ........ l ...... ;,,,, 'MI ...... 1,~,11',. 4,-t, ~ ...... l,(l[[',. (',,.,, I1 ..... . ' Oinkso biloba Ginkgo Ol~ditsi~ triacamhos inermis, spp. ~onefloc~st. thornl~ss - ~11 ,~rielie~ Gymnocladus dioicus Cqffeetree, Kentucky Tilia spp. Linden, all varieties Ulmus spp. ELM, DED-resistant varieties IOrnamental Acer ginnala Maple, Atnur Amelanchier spp. Serviceberry or Juneberry Crataegus spp. Hawthorne, all varieties Malus z ....; ~ ........ sFecics)spp. Crabapple, asso~ed flowering-Varieties~ Ost~a virginiana Ironwood Populus tremuloides Aspen Sorbus spp. Ash, Mountain, all varieties Phellodendron amurense Amur Corktree Prunus cerasifera 'Newport' Plum, Newport Prunus triloba Plum, flowering or Rose Tree of China Prunus virginiana 'Schubert' Chokeberry, Schubert~ Syringa reticulata Lilac, Japanese tree ......... .......................... ~ ..... [ ;"'tc"t, Grc~cnspire ConiDrs Abies balsamea Fir, Balsam Abies concolor Fir, Concolor Larix laricina Tamarack Picea abies Spruce, Nonvay Picea glauca Spruce, White Picea glauca densata Spruce, Black Hills Picea pungens Spruce, Colorado Green i Pinus nigra Pine, Austrian Pinus ponderosa Pine, Ponderosa Pinus resinosa Pine, Norway Pinus strobus Pine, White Pinus sylvestris Pine, Scotch Pseudotsuga men~iesii Fir, Douglas Thuja occidentalis Arborvitae Thu. ja occidentalis 'Techny' Techny Arborvitae *Changes denote spelling corrections and clarification of,species. Deletions include redundant mentions and poor selections. (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. *Grammatical correction. (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. *Burning organic waste, such as wood, is a waste of resources. A variety of other disposal options are available. (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,~.,~,,.,~.~...~,-' ...... "~ of woodland areas 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. *There have been several cases in which a developer has begun clearing before final approval. This is a problem in case the subdivision isn't approved by the city. The Planning Commission has previously stated that it would like to make the application void and have the developer restart the process. Staf,[ has added the language that the development review process be halted and the developer resubmit plans recognizing the changed conditions. Our concern is that the review deadline may be exceeded. The City Attorney's o. ffice concurred with stqf, f's concern. (d) The following standards shall be used in evaluating subdivisions and site plans: (1) 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 significant, o~=-~ ~' or ..... , 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. *Locating all trees over six inches in diameter is consistent with the survey requirements for building permits. a. 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 line canopy coverage. 2. Minimum canopy coverage requirements. 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 c-oumty 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 f,orest'atie, n planting plan to bring the total canopy coverage up to the minimum requirement. ~v;o,; ....... m...~ ........... ~ ^~ ,~ .... ;o .. ~ .... c ~ .... 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 woodland 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. These This plane 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 (I) 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 (1/3) 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. ............ v ........ , ........ s ........ r ......... r> .................... areas and ............. ; .......... ~ ............. ~ ................... ~ ....... proposal. The Tk;o ~t~ ~h~ ;~..a~,,~ c~i~ .... ;~-inf0rmati0n: *The Woodland Management Plan does not facilitate improved forestry management procedures or increased awareness of building in wooded areas. It has not served the purpose intended and should be eliminated. (4) ..... ~n o~,h~o~ .... ~ ~a~e=~nts. 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. ,h....~ ~..a,~_.._...~ ...... .. ~.. 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 lot may be reduced by the amount of the front yard setback variance. * Grading and tree removal is usually misrepresented and underestimated on wooded lots. This change would help minimize that problem. The intent is to recognize that the tree impact area extends beyond the actual building. (5) 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 street 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 dt4ves 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. h. 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. (6) 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 be located root zone, and must remain in place until all construction activities are terminated. No equipment, chemicals, soil deposits, or construction materials shall be placed within the protective bamers. 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 fe~ilization and soil aeration, or construction vehicle ramp systems. ~:' .... ' ....... ' ..... '~' *It is unreasonable to require tree protection fencing located 12x the diameter of the tree. This generally makes wooded lots unbuildable. Tree protection should be required, but its location should be field located at each site. While the city may be serious about protecting trees during construction, many developers and builders are not. A penalty for failing to protect trees is needed to quickly and effectively renledy the situation. Staff had originally proposed $500 per diameter inch. City Council felt that this was too onerous and not/'air or equitable. There is a difference between whether trees are removed accidentally or purposely, and proving the difference would be very difficult if not impossible. Staff reviewed the City of Plymouth's requirement which is $125 per diameter inch and initially proposed that a $100.00 fee as part of the code. The Planning Commission.felt strongly that $100.00 was not sufficient to deter tree removal and recotnmended that at least $300.00 be required. (1/20/04) Stq[f is recommending that this item be deleted. We believe that 4f we can designate a tree protection area beginning 105.feet back.from the.front property, then we will be able to have a distinct and effective barrier that will protect trees. Given that the tree removal area is more realistic and the developer/builder has sufficient area to work within~ they should not have to encroach in to the protected zone. (7) 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 (8) (9) (10) (11) 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) c-ah-pe, 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 -~-~ far Planting in CSanhassen are acceptable to the city. No more than one-third (i/3) 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 one 5a!f (!.5) 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 (16) of trees from any one (1) tree species, average two-and-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, ........ o~u ~ .~.,.~av ............ ~" -;t;-' v, ~w,,J .............................. j .... city. the developer shall pay the city the value of the trees, including material and installation, in to the community tree planting fund. ,,,ah ~hlo section Financial guarantees acceptable to the city shall be required to ensure satisfactory installation of landscaping requirements. 10 23 Fcb 2004 Mayor and Counselors: It is with great concern that we wish to addrcss two proposed changes to Chap 18 (Subdivisions). The first is Sec. 18-37, Exemptions (from platting proccdures), item (a), (1) and (2). If these two provisions are elinfinated, lot lines could be exchanged between neighboring lots even if the resulting lot(s) docs not mcct codc and becomes nonconforming. This would open up opportunities for great mischief by developers, large or small. It could provide awav to evade our shoreland regulations for width and area of riparian lots. This issue xvas discusscd by thc Planning Commission at great length with confusion and consternation (see PC lninutes of 20 Jan 2004, p. 22-28). Our question is this: Since staff claims that lot linc changcs of this type arc permitted by statc statutc, and that Chanhassen cannot impose restrictions, why do other cities have ordinances that have restrictions. E.g., Eden Prairie: Sect. 12.02, Subd. 1. Administrative Approval; Pl.~nouth: Sect. 506.05, Minor Subdivisions (Pbmouth code is current as of 2003: they retain the same attorney as Chm~). Both of these cities have limitations on pernfitting lot line changes such as if a nonconforming lot is crcated. Does state statute really prevent Chan from having limitations on lot line changes? If so whv do other cities have limitations'? Thc second proposed changc of concern is Sec. 18-61(d) (4) Landscaping and tree preservation. This section states "The following standards shall bc used in evaluating subdivision and site plans...". The sections goes on to say "In singlc familv detached residential developments the applicant must demonstrate that suitable home sites exist on each lot by describing a 60 foot x 60 foot building pad (which includcs deck area) without intruding into required setbacks and casements." Thc 60 x 60 pad is not intended to be a way to calculate tree removal. It is a Design Standard as defined under Article III under which Sect. 18-61 is found. In fact, in Chap 20 Wetland Provisions, a 60 x 60 pad is also rcquired, and is being recommended bv staff for the upcoming revisions to Chap 20. lfthe 60 x 60 is important for wetlands it's just as important for woodlands. A 60 x 60 pad provides space for more trees to be saved. If staff wishes to add additional tree calculation requirements, we support that. The 60 x 60 pad should be kept as a dcsign standard. If we permit lot lines to be changed and do not require adherence to code, we arc giving the green light to developers to get morc lots, especially cxpensive lakeshore lots which nets more money for the developer. But at what expensc to our city? It would result in crowded, nonconfornfing lots and deteriorating quality of our lakcs because of incrcased runoff. This all makes for a badly planned city. Other cities such as EP and P15Tnouth don't allow such. Why should wc? Eliminating the 60 x 60 pad for singlc-fanfily detached homes would allow dcvelopers to plan smaller, odd sized lots. At what cost'? Crowded lots. greater loss oftrccs (a prime communi~' assct), and a lcss attractive citv. If the ciD, wants to approve thesc changes, let's be honest with ourselves and admit that it is for financial rcasons for more tax rcvenuc. Discuss it as such~ but not because these changes will save trees or because lot ox~crs should have easy access to changc lot lines. These issues are important to our citv. Wc suggest it would bc appropriate to delctc it, table it, and/or send to back to the PC. Thank you, Jan & Jerry Paulsen 934-7032 PI ,ymouth City Code Subdivision Regulations SECTION 506 - SUBDIVISION APPROVAL REQUIRED 506.01. SUBDIVISION APPROVAL REQUIRED: Subdivision approval in compliance with the provisions of this Chapter shall be required for the separation of an area, parcel, or tract of land under single ownership into two (2) or more parcels, lots, tracts, or long-term leasehold interests where the division necessitates the creation of streets, roads, or alleys for residential, eonu'nercial, industrial, or other use or any combination thereof, or any change in the lot line or lines of a parcel, lot, or tract; or the est___ablishment of the lot lines of a parcel, lot, or tracl not previou_sly platted. Subdivision approval is not required for those separations where ali the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses. ~ 506.03. MAJOR SUBDIVISION: Any land division or rearrangement not qualifying as a minor subdivision shall require platting, as set forth in this Chapter. 506.05. MINOR SUBDIVISION: SuM. 1, Conditions. A minor subdivision is a lot division or lot rearrangement that shah not require a plat or replat, provided all the following conditions are met: (a) The subdivision shall be in compliance with the Comprehensive Plan and the purpose and intent of this Chapter. (b) The subdivision shall not result in or affect more than three (3) parcels. (c) The subdivision shall be part of a previously recorded plat or Registered Land Survey. (d) U~ss~ .pripr or concurrent approval of a variance .ia_gran~, any such subdivision shall result in lots that meet the minimum dimensional requirement.q for the zoning district in which the property is located, or shall not further increase the non-confomfity of any lot dimension. (e) Unless prior or concurrent approval of a variance is granted, any such subdivision ~all not c.au~__aXkg~.struc~e-on .the. property to be mafle _.n_ol~- confp_.rmi'ng_q.r to be in violation of the Zoning Ordinance or any other provisions of the City Code. (f) All parcels resulting from the subdivision shall have frontage and access on an existing improved street. 506-1 -- II I Plymouth City Code Subdivision Regulations (g) The resulting parcels shall generally conform with the shape, character, and area of existing or anticipated land subdivisions in the surrounding areas. (h) Any such suM/vision shall not require any public improvements or the dedication of right-of- way. (i) Any such subdivision shall not result in legal descriptions that are unduly complex. The subdivider shall provide easements, as required by this Chapter. (lc) The subdivider shall comply with the park dedication, tree preservation and wetland buffer regulations, as required for a major subdivision. Subd. 2. Application Requirements. A request for a minor subdivision shall be flied with the Zoning Administrator on an official application form. Such application shall be accompanied by a fee as set forth in Chapter X of the City Code. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the purpose of the proposal, and including any proposed development and use. Subd. 3. Notice. Written notice of such minor subdivision applica~l be sent by the Zoning Administrator to all adjoining property owners within two hundred (200) feet of the boundary of the property in question. The notice shall be mailed not less than ten (10) days prior to approval of the minor subdivision, and shall contain a description of the application and the legal description of the property. Failure of a property owner to receive mailed notice or defects in the notice shah not invalidate subsequent approval of the minor subdivision. Subd. 4. Review and Approval. A minor subdivision may receive administrative approval by the Zoning Administrator or his/her designated representative, provided the application is found to meet all the specified conditions. Pursuant to Minnesota Statutes, Chapter 462.358, an application for a minor subdivision shall be approved or denied within one hundred and twenty (120) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the subdivider. Subd. 5. Effect of Approval. For one year following minor subdivision approval, unless the subdivider and City agree otherwise, no amendment to the Comprehensive Plan or other official controls shall apply to or affect the use, development density, lot size, or lot layout that was approved. Subd. 6. Effect of Denial, If a minor subdivision application is denied by the Zoning Administrator, a similar application for a minor subdivision affecting substantially the same property shall not be considered again by the City for at least six (6) months fi.om the date of its denial. 506-2 / Plymouth City Code Subdivision Regulations Subd. 7. Expiration of Minor Subdivision Approval The approval of a minor subdivision shall expire one (1) year from the date it was approved, unless before expiration of the one (1) year period the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why the minor subdivision has not been recorded 2) what, if any, good faith efforts have been made to complete the subdivision process, and 3) the anticipated completion date. The Zoning Administrator may approve up to two (2) such extensions o1' not more than one (1) additional year per extension. 506.07. REGISTERED LAND SURVEYS: All registered land surveys shall be filed subject to the same procedures as required for the £fling of a preliminary plat for platting purposes. The standards and requirements set forth in this Chapter shall apply to all registered land surveys. A registered land survey shall not be used to divide a parcel of land into tots for the purpose of transfer of ownership or building development if any of the tracts would not have the required frontage on a dedicated and improved public street. 506-3 (]~APTER t~ ~UBDI¥'ISION RE¢];ULAT~ONS (PLA'I?F~NG) SECTH)N t2,t}1. PURPOSE This Ch:~p~er is adopted ~k~r the ptn'pose of: (1) establishing sta~dard procedures, requireme~ts ami conditions Ik)~' the s;Jbdivttti~lg iff'land; (2) securing salisfaclory confbm6ty of such subdivision lo City plans, City Code previsions and rcguk~tions, a{topted or under' preparation; (3) authorizing lhe Comtnm~ily Planning Board to act under fl~is Chaplet as ;ldvist3~ y to ~he Cotmci I; and (4) assm'/ng that new subdivisions will contribute toward m~. attractive; o:derly, stable, salk :md wholesome Gommunity. SECTION !2~t~2, SUI~DIV]ISI¢)N APPROVAL RI.;QUII~,LD. NJ) land shall be sttbdix'ided wifl'tom complying wilh thc provisions of this Chaplet. Subd, I. A~lmiaistrafive Approvak The City M;mager orhis designated representative may aatho6ze subdivNion upon finding (i) ;}~c division wi~] nol result in more 1.hah two parceIs; (2) ifa lot wlxich is part ol'a plat rec~)rded in the ofiSce of conlb;'m ~¢) lhe shape :md are;t ol'cxismag or a~l:icipated [and suicdwismns in thc sum)undi~g areas: am!, (4) file owners of land, contiguous to lhe pa?cci being divided, file no written olkicctions within ten days fk~ttowh~g writlcn m.)ti~Scal:ion to lhem or otl~crw~se h~dicate in writing that they }:ave no ol~cctions. Subd. 2. Cout~cil Acthm. H'the proposed subdivis{on is not at~horizcd under Subdivision t of tl~is Section, the subd ~. tier may proceed to obtain appro'val by the CotttlC~.[ as hereinafter provided. Alt subdivisions crea~ed by 3ctim-~ ::;hall be et't~cted by :~ plat made in accordance wqh Minnesota Statutes, i99(}, ('l~a[2tcr 505. Tree Removal Calculations Using total diameter inches Sample 1 Burlwood ' Maple Grove: Total Diameter inches of trees 8" and larger: Need to retain 70% of total: 846" Inches lost: 342" · Inches saved: 866" NO replacement required 1208" EXisting Chanhassen ordinance: Total upland area (eXcluding wetlands) 5.27 ac. or229,583 SF Baseline canopy coverage 35% or 80,941 SF Minimum canopy coverage allowed 30% or 68,875 SF Proposed tree preservation 13% or 30,142 SF Developer does not meet minimum canopy coverage allowed, therefore the difference between the baseline and proposed tree preservation is multiplied by ~1.2 to calculate the required replacement plantings. Difference in canopy coverage (68,875 ~ 30, t42) Multiplier Total replacement- Total number of trees to be planted 38,733 SF 1.2 46~480-SF 43 trees (46,48o + 1089) Eden Prairie: ((Am)x.¢).x A Significant trees: 12" and greater deciduous, 8" and larger coniferous A=Total inches of significant trees lost as a result of land alteration B= Total inches of significant trees existing on site C=Tree replacement constant (1.33) D=Replacement trees (number of caliper inches) A= 198 B= 902 ((198/902) x 1.33) x 198 = 58 (29 two-inch trees) Sample 2 Ashling Meadows Maple Grove: Total Diameter inches of trees 8" and larger: 1381 Need to retain 70% of total: 967 Inches lost: I23 Inches saved: 1258 td~ No replacements required Existing Chanhassen ordinance: Total upland me0 (excluding wetlan&) 35.~ ac~ Baseline canopy coverage .03% or 1.22 ac. Minimum.canopy coverage allowed 25% or 8.8 ac. Proposed tree preservation .02% or 0.82 ac. DevelOper does not meet minimum canopy coverage allowed, therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage 17,424 SF or .4 ac. Mtiltip!ier 1.2 Total replacement 20,909 SF Total number of ~es to be planted 19 trees In ,addition, the applicant must increase, canopy coverage to meet the minimum twenty-five percent required. The calculations are follows: Total reforestation area (8.8 -1.22 ac.) 7.6 ac. or 331,056 SF Required canopy coverage 304 trees Eden Prairie: ((A/B)x C) x A = D Significant trees: ~ 12" and greater deciduous, 8, and larger coniferous A=Total .inches of significant trees lost as a result of land' alteration B= Total inches of significant trees 'existing On site C=Tree replacement constant (1.33) D=Replacement trees (number of caliper inches) A= 98 B= 1356 ((98/1356)x 1.33) x 98 = 5 (Two 2 ½" trees required)