13c. Tree Cutting Ordinance Process I 43 cL.
1 .
CITY OF
.:- ,
,,_i
1
CEANHASSEN
_.,,
. \ ' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I `, (612) 937-1900
MEMORANDUM 5, 7
ITO: Mayor and City Council
FROM: Don Ashworth , City Manager ��
1 Ir
DATE: August 14 , 1989 goi 1 SUBJ: Tree Cutting Ordinance
I Approximately two months ago the City Council passed an ordinance
establishing a moratorium prohibiting cutting trees 100 years of
age or older. Since that time, staff has looked to various
Ivehicles to achieve the intent of the Council.
During review of the Cenvesco initial PUD schematic, the Council
I noticed that several mature trees could potentially be removed as
a result of that project. Accordingly, the moratorium was
passed. Although the Council ' s intent was pure, a number of
fallacies existed in the manner in which adoption occurred, i .e.
I publication requirements, first and second readings of ordinan-
ces , and special requirements associated with the establishment
of moratoriums .
1 As noted earlier, it is the intent of the City Council that staff
has been attempting to achieve versus worrying about the tech-
nicalities of how we get to that point. In the process of
I finding a solution, I do not believe that the City Council needs
to be concerned that Cenvesco will remove trees. The underlying
ownership of the property lies with Charlie James and he would
I assuredly not let the property ' s value be diminished by tree
removal associated with a non-approved plan .
1 The solution being recommended by both the City Attorney and
myself is to delete the moratorium process and move directly into
the establishment of an ordinance. The ordinance would refer to
the City ' s existing list of permitted trees to be planted under
I the City ' s subdivision ordinance for new developments . Instead
of it being a list of trees which are suggested for planting,
such would then become a list of protected species .
I Determination of age is difficult. Accordingly , a specific
diameter would be chosen and/or diameters selected by general
species . Trees having a diameter larger than the ones specified
1 could not be removed unless approved by the City
1
Mayor and City Council
August 14 , 1989
Page 2
Council in accordance with specific criteria. Staff would recom-
mend that criteria similar to those established for wetlands be
incorporated into the tree ordinance so as to insure that some
flexibility existed. Finally, we would recommend that the ordi-
nance be established and govern all subdivisions , conditional use
permits , variances , and all building permits. It is our belief
that this type of ordinance would reasonably protect tree removal
in 99 out of 100 cases. You should note that there is one
instance which would not be covered, i .e. an existing lot owner
who does not require any form of permit, but simply decides that
he wants to remove a 100-year old tree from his property.
Although the Council may wish to see this one exception closed,
significant legal issues are presented which could jeopardize
enforcement of the 99 cases .
Staff would like to discuss this item further with the City
Council on Monday evening.
1.-51)