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HomeMy Public PortalAbout08-2007Agenda Items: 8 & 9 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Assistant to Planning; through City Administrator Adams DATE: August 10, 2007 MEETING: August 14, 2007 Planning Commission SUBJ: Special Meeting and City Council Representation Agenda Item #8 September 25, 2007 Special Meeting — Joint Planning Commission/Advisory Panel Meeting The Comp Plan Advisory Panel is coming closer to having their draft complete. Sometime in October, the City will hold Open House(s) as well as a Public Hearing at the Planning Commission. This meeting will be an opportunity for the Planning Commission and Advisory Panel to prepare before the Plan goes forward for public review. Staff recommends that the Planning Commission call a Special Meeting for Tuesday, September 25, 2007. Agenda Item #9 City Council Representation Please bring your calendars for the rest of the year to the August 14 meeting. We will be planning which Planning Commissioner will attend each City Council meeting through the end of the year. CITY OF MEDINA 2052 COUNTY ROAD 24 MEDINA, MN 55340 AGENDA MEDINA PLANNING COMMISSION TUESDAY, August 14, 2007 7:00 P.M. MEDINA CITY HALL 1. Call to Order 2. Public Comments 3. Update from City Council proceedings 4. City Planner's Report 5. Approval of July 10, 2007 Planning Commission minutes 6. Elizabeth Turnquist — Conditional Use Permit for the operation of an Animal - Assisted Therapy facility in the Rural Residential (RR) zoning district — 2000 Chestnut Road (PID 15-118-23-13-0001). Public Hearing 7. Ordinance Amendment — Section 828.41— Pertaining to Tree Preservation and Replacement. Public Hearing 8. Call Special Meeting — Joint Meeting of the Planning Commission and the Comprehensive Plan Advisory Panel — September 25, 2007 at 7:00 p.m. 9. City Council Attendance Schedule 10. Adjourn Posted in City Hall August 10, 2007 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Assistant to Planning; through City Administrator Adams DATE: August 9, 2007 MEETING: August 14, 2007 Planning Commission Meeting SUBJ: Turnquist/MnLINC Conditional Use Permit for an Animal -Assisted Therapy Facility — 2000 Chestnut Road Background Elizabeth Turnquist and Minnesota Linking Individuals, Nature & Critters, Inc. (MnLINC) have applied for a Conditional Use Permit to allow the operation of an animal -assisted therapy (AAT) facility at 2000 Chestnut Road (PIDs 15-118-23-13-0001). The applicants recently requested the City amend the zoning ordinances to allow such a use, and the City Council adopted the ordinance on August 8, 2007. The applicant proposes no new structures for the AAT facility, but rather to operate in the existing structures on the property. An existing CUP (Resolution 87-133) allows up to 14,000 sq. ft. of accessory structure on the property, but no commercial uses. Staff recommends incorporating the consistent conditions from that resolution, and then revoking the previous approval if the City approves of this application. Site Details The site is two adjacent 40-acre parcels located east of Willow Drive between Hamel Road and County Road 24 (see site location map). Existing structures include a house, a 8,064 sq. ft. barn and apartment, a 6,664 sq. ft. riding arena (with 2,000 sq. ft. lean-to), and three small sheds. There are significant wetlands on the parcels. Most of the northern parcel is wetland, and a large portion of the southeast corner of the property is as well. The City's wetland engineer walked the site and confirmed that no structures or existing paddock space encroaches into wetlands, although the fence line gets within 15 feet in many places. There are existing graveled areas adjacent to the driveway which the applicant proposes to use as parking areas. There are approximately 15 acres of fenced paddock area. Description of Proposed Use The AAT facility, as proposed, would include 2 full-time and 2 part-time staff. One of these staff will actually live in the dwelling room in the existing barn. Clients would be seen in student groups, client groups, and individually. Student groups would come in vans and could include up to a dozen students and teachers. Two student groups per day is common. Groups may be held a few evenings per week and may include 3-5 clients. Individual clients would come and go throughout the days. Once per month, the AAT facility may have a larger conference of up to 25 attendees. These conferences may be on weekends. Additional animals beyond those owned by the Turnquists would be housed on -site. Currently, this may include 2-3 horses and 10 chickens. MnLINC may expand over the next few years, and seeks flexibility to allow some additional animals. The applicant submitted information regarding their operation, which is attached for reference. Criteria for Granting Conditional Use Permits According to the City Code, the City should consider the following items when considering a CUP. Staff s position is italicized below each item. In granting a conditional use permit, the Medina City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety, morals, and general welfare of occupants or surrounding lands. The suggested criteria are: 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Staff believes that the only impact likely to be noticed by neighboring properties is an increase in traffic. Staff does not believe it would be injurious to other property or diminish values. 2. That the establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area. Staff does not believe that this use will impede normal and orderly development of vacant property in the area. It should be noted that the structure to the east does not meet the 150' setback for animal structures. Staff is recommending that the CUP only be valid if both parcels are under common ownership. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. Chestnut Road is a local street without a very substantial base. As such, staff is recommending no buses be used for the AAT facility. The capacity of the septic system and well will also need to be verified. 2 4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. The site plan submitted shows 10 parking stalls on the gravel adjacent to the barns. As such, the AAT facility will be limited to 10 cars on -site at any one time. The exception to this is once a month, when up to 25 cars will be allowed. 5. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. Staff believes that additional traffic may be noticed by neighboring parcels, but the activities on the parcels will not create additional nuisance. 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The Planning Commission and City Council signaled support to this statement by adding AAT as a conditional use in the RR district. 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The Planning Commission and City Council signaled support to this statement by adding AAT as a conditional use in the RR district. 8. The use is not in conflict with the policies plan of the City. Staff does not believe such a use conflicts with standing policies. 9. The use will not cause traffic hazard or congestion. Although there will be additional traffic to the property, it will likely be fewer than 10-15 trips on an average day. Once a month, there will be more up to 25 cars if there is a conference. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. There are no existing businesses nearby. 11. The developer shall submit a time schedule for completion of the project. While no new structures are proposed, work will need to be done to bring the property into compliance with fire and building codes. The applicant proposes this work in Fall 2007. 12. The developer shall provide proof of ownership of the property to the Zoning Officer. According to City and County records, the Turnquists own both parcels. Conformity with Ordinance The City recently adopted an ordinance establishing regulations by which AAT facilities are reviewed. Those standards are below, with staff comment in italics for each item. (i) minimum lot size is 15 acres The lot is 40 acres in size. 3 (ii) if not located with direct access to a collector or arterial roadway, the city council may apply conditions it deems to be reasonably necessary to reduce wear and damage to local streets as well as traffic impacts on neighboring parcels. These conditions may include, but are not limited to, restricting the amount of allowed daily trips, restricting the weight and/or type of vehicles, requiring financial guarantees for potential damage and requiring road improvements; The site is located on a collector road that has not been greatly improved. As such, staff is recommending that no buses be used for client transportation. (iii) the city council may apply conditions to limit the total number of persons allowed on -site at any one time, as well as limitations for hours of operation; Staff recommends that regular AAT operations be limited to 12 persons (staff and clients) on - site at one time. However, larger conferences may occur once per month with up to 28 persons. (iv) the city council may apply conditions to limit the total number of animals allowed on the property; There are 15 grazing acres located within the paddocks on -site. As such, staff recommends no more than 15 large animals (horses, donkeys, llamas, etc.) be permitted on the site. This includes both the Turnquist and MnLINC animals. (v) adequate parking areas must be provided to handle peak activity, and parking must be set back at least 50 feet from all property lines; Staff believes with the limits that will be set on the peak activity, there will be adequate room for parking on the existing gravel. However, the applicant must follow ADA requirements (which may include paving handicap parking stalls. Also, the applicant must provide a turnabout at the end of the driveway. (vi) adequate indoor sanitary facilities must be provided for staff and clients; The applicant must submit a registered architect plan for ADA compliance, including restrooms, for review. A certified septic designer must inspect the septic system to verify that the existing septic can cover the proposed use. The applicant must apply for necessary permits and complete improvements needed to meet these requirements prior to any AAT operation. (vii) manure must be handled and disposed of by means approved by the City and the Minnesota Pollution Control Agency; The applicant must submit a manure management plan meeting PCA regulations. (viii) wetlands on the property must be fenced to prevent grazing, or other use; Staff believes existing fencing meets this requirements. No extension of paddock space will be allowed without staff review. (ix) exterior lighting must be designed and installed so that the light source is recessed and enclosed on all sides except the bottom so that no light is cast directly or indirectly on any other property and so that the light source cannot be seen from adjacent property; Existing light does not seem to extend to the property boundaries, although any new or replacement lighting must abide by this condition. 4 (x) all requirements of the fire code and fire marshal must be met; The building official has raised serious concerns from an accessibility and fire regulation standpoint. The applicant must submit plans to bring the structures into compliance with applicable codes. (xi) the AAT facility shall provide proof of insurance in an amount and with such coverage as the city attorney deems reasonable, and shall thereafter maintain such insurance; The applicant must submit proof of insurance. (xii) the AAT facility shall comply with all relevant health and safety regulations and provide proof of appropriate professional licensure or certification if and to the extent such licensure or certification exists; MnLINC staff are licensed Social Workers in the State of Minnesota. (xiii) the AAT facility shall not allow overnight stays of clients; and The applicant does not proposed overnight stays by clients. (xiv) the AAT facility shall provide sufficient security and supervision to ensure that animals, staff, and clients are contained within the property subject to the conditional use permit and to avoid adverse impact on neighboring properties. A MnLINC employee will be living on -site in order to care for the animals. City Discretion The City's discretion in reviewing a Conditional Use Permit is limited to whether the proposal meets relevant regulations within the code (summarized above). Staff Recommendation Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit for the operation of an Animal -Assisted Therapy facility. Staff recommends a number of conditions, a number of which will involve additional information from the applicant and which may require significant investment in the existing facility. Staff recommends that the Planning Commission move the application ahead because these conditions have more to do with the building improvements than the land use and site plan issues. The suggested conditions are: 1) Approval is contingent upon revocation of the existing Conditional Use Permit granted to this property by resolution 87-133, adopted on December 15, 1987. 2) No additional structures are proposed or approved at this time. The aggregate area of accessory structures on the parcel shall not exceed 15,000 sq. ft. 3) It is acknowledged that the 7,200 sq. ft. structure does not meet animal structure set back requirements. Animal uses, including animal -assisted therapy, are permitted within this structure only under the condition that, and only so long as, the parcel to the north (PID 15-118-23-12-0003) is under common ownership with the subject property. 4) Except for those animals involved with animal -assisted therapy, there shall be no on -site commercial boarding of animals 5 5) The applicants shall comply with the standards of the Minnesota Pollution Control Agency regarding manure management and removal. 6) The applicants shall comply with any requirements of the Fire Marshal and/or Fire Department. 7) The applicants shall comply with any requirements of the Building Official. 8) The applicants shall submit plans, stamped by a licensed architect, showing building improvements necessary for compliance with ADA, fire code, and other applicable regulations. 9) The applicants shall provide a review of the septic system from a certified septic designer. 10) Buses shall not be allowed to transport people to the facility. 11) The maximum allowed persons at the AAT facility at any one time is twelve, except for that once per month the facility hold an event with up to 28 people. 12) No more than 15 large animals (horses, donkeys, cows, llamas, etc.) shall be allowed on the property at one time. This includes both animals owned by the property owners and by the AAT facility. 13) No more than four adult dogs shall be allowed on the property at one time. The applicants shall abide by all regulations relating to dogs and private kennel licenses. 14) Applicants shall update plans to provide an adequate turn -around at the end of the driveway, taking into consideration parked vehicles. This turn -around shall be approved by the fire marshal and public works. 15) Parking for 10 vehicles shall provided at all times for the AAT facility as shown on the plans. For larger monthly events, parking shall be allowed on the grass as shown. 16) Paddocks shall not be expanded beyond current fence locations unless approved by City staff. 17) Any new or replacement lighting shall be designed and installed so that the light source is recessed and enclosed on all sides except the bottom so that no light is cast directly or indirectly on any other property and so that the light source cannot be seen from adjacent property. 18) The applicants shall provide proof of insurance for review, and will obtain and maintain additional insurance if requested by the City. 19) The City may inspect the site to verify compliance with these conditions at any time. 20) The City may amend this conditional use permit in regards to the animal -assisted therapy use if the AAT facility does not operate for period of 90 days. 21) The applicants shall pay to the City a fee in the amount determined by the staff to represent the actual cost to the City of reviewing this conditional use permit application. Attachments 1. Location Map 2. Applicant letter (describing AAT use) 3. Site Plan 4. 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Definition: Animal -Assisted Therapy (AAT) Cited from the Delta Society, http://www.deltasociety.or_q/aboutaaathtm, a leading international resource for the human -animal bond. Delta Society has been the force to validate the important role of animals for people's health and well-being by promoting the results of research to the media and health and human services organizations. The formal definition of animal -assisted therapy is: "AAT is a goal -directed intervention in which an animal that meets specific criteria is an integral part of the treatment process. AAT is directed and/or delivered by a health/human service professional with specialized expertise, and within the scope of practice of his/her profession. AAT is designed to promote improvement in human physical, social, emotional, and/or cognitive functioning [cognitive functioning refers to thinking and intellectual skills]. AAT is provided in a variety of settings and may be group or individual in nature. This process is documented and evaluated." (From Standards of Practice for Animal -Assisted Activities and Therapy) 2. Business Plan MnLINC's mission is to "partner with individuals, animals, and nature to inspire and instill human wellness." MN LINC delivers animal -assisted therapy (AAT), and describe their organization as "a therapeutic, non-profit organization that uses the restorative and healing power of animals to help troubled individuals. We believe that people can reclaim their lives and begin to thrive through the compassion and wisdom of animals. We empower people struggling with life's challenges to move ahead into a stronger life defined by personal integrity, self- esteem and high expectations." Although MN LINC also provides off -site services to schools and other agencies, the following describes the proposed AAT services only at the Turnquist property over the course of the next 2 years: a. MN LINC Clinical services i. Animal -assisted therapy can include a variety of services including: student groups (small groups during school hours), client groups (3- 8 people, during the evening), as well as individual clients. ii. On average, MN LINC operates 4 school groups during the week days. These groups average 2 hours in length and last for 12 weeks. Up to 10 students attend with up to 5 staff from various surrounding school districts of the seven -county metro area. Students are in the company of an adult at all times, and are escorted to bathroom breaks. These groups arrive at the facility by using large passenger vans (holding 12 people) or small mini- school buses. These groups occur during the hours of 8:30am- 2:30pm. MN LINC anticipates that these groups will grow to no more than 6 over the course of the next 2 years. iii. On average, MN LINC operates 1 after -school therapy group. This group averages 2 hours in length and ranges from 3-8 participants. These group members arrive collectively through a transportation system; however, some members may be dropped off by family members or caregivers. This group occurs from 6:OOpm-8:OOpm. MN LINC anticipates that similar therapy groups will develop over the next 2 years to total no more than 3 per week. iv. Both mental health practitioners employed by MN LINC see clients on an individual basis. These sessions are hourly and average 12 sessions per week. The majority of these sessions occur between the hours of 9:OOam-8:OOpm and clients are driven individually to these appointments. Furthermore, MN LINC's Clinical Director maintains a private practice office in St. Louis Park where some of these clients attend for their sessions. Unless it is an emergency, private clients are only seen during the workweek. MN LING anticipates that these individual client sessions will grow to 25 over the course of the next 2 years. b. MN LINC Education services i. MN LING provides training and college/university instruction through Hamline University, the University of Minnesota, Argosy University/MSPP, Adler School, and the Open U. These courses vary in length and scope, and depending upon the logistics, student needs, and curriculum, these courses are taught on -campus or at the MN LINC facility. On average, MN LINC teaches 3 courses a year with class size ranging from 4-20. MN LING anticipates that similar courses will be developed and will grow to 6 over the course of the next 2 years. ii. MN LINC also provides individual and group professional development courses in the field of AAT. Over the course of one year, students meet 4 times for 3-5 days each — usually over the weekend — from 9:OOam-5:OOpm. The average class size is 4 students, and these students are mental health practitioners or educatiors who desire further training in how to effectively partner with animals and nature within the scope of their profession. MN LINC anticipates this year -long course will grow to a class size of 6- 8 over the course of the next 2 years. c. MN LING Wellness services i. MN LINC organizes one- or two-day personal growth and development workshops approximately every -other -month. These sessions are usually offered on the weekends during the hours of 9:OOam-5:OOpm. The maximum attendance to these workshops is no more than 25; otherwise, MN LINC designs a waiting list or moves to a larger facility, i.e., the U of MN's St. Paul Campus. MN LINC does not anticipate a change in this area of business. ii. MN LINC offers private horseback riding lessons — called "developmental riding" lessons as these appointments are more for people who wish for more confidence and personal understanding when riding a horse. These lessons last for one hour each, and clients drive independently to these sessions. At times, these sessions may also be partnered with one of the mental health clinicians so that more therapeutic issues can be addressed during the scope of the lesson. These sessions average 2-4 a week and primarily occur during the hours of 2:OOpm-8:OOpm. MN LINC anticipates these lessons will grow for a total of 5-8 over the course of the next 2 years. d. Aside from the delivery of AAT services, no other commercial or business activities will be conducted on the Turnquist property. 3. Personnel Currently, MN LINC operates with 2 full-time employees (a licensed Psychologist and a licensed Social Worker) and 2 part-time employees. Over the next 2 years, MN LING strategically plans to expand its personnel for a total of 3 full- time employees and 5 part-time employees. 4. Animal Units Currently, MN LINC operates with only 4 horses, 2 dogs, and 10 chickens (of which, only 3 work in MN LINC programs). In an effort to provide quality and varied services to our clients, and most importantly to address the welfare and work load of each animal in MN LINC programs, MN LINC may employ additional animals in its programs. Examples of other animal species would be limited to the following: ponies/mini horses, donkeys, lamas/alpacas, sheep, and goats. Under no circumstances would any non -domestic or "wildlife" type animals be maintained for MN LINC programs. Furthermore, "herds" of animals will not be kept on the property and if expansion is deemed necessary, only 2-3 of one species at a time would be added. The Turnquist's will continue to maintain their own personal animals on the property. 5. Property Size The Turnquist property is a total of 80 acres. Of this amount, approximately 30 acres are fenced for animal pasture, 40 acres are heavily wooded with riding trails throughout, and the remaining 10 acres contain the house, barns, parking areas, and non -pastured lawn space. 6. Insurance Certificates (to be copied and submitted) a. proof of professional liability b. proof of program liability 7. Proof of Licensing and Education (to be copied and submitted) a. diplomas and license for Clinical Director b. diplomas and license for Education Director 8. The City is welcome to visit and inspect the property at any time. Member its adoption: introduced the following resolution and moved CITY OF MEDINA RESOLUTION NO. �- I RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ROLE TURNQUIST AND ELIZABETH TURNQUIST WHEREAS, Rolf Turnquist and Elizabeth Turnquist (Applicants) have applied for a conditional use permit to allow construction of an accessory building on their property at 2105 Chestnut Road; the area of which, when added to that of the existing accessory building on site, exceeds 3,000 square feet; and WHEREAS, Section 825.19 of the City's zoning ordinance requires a conditional use permit under such circumstances; and WHEREAS, this matter was reviewed by the planning commission on November 10, 1987, and by the City Council on December 1, 1987; and WHEREAS, it has been determined that the additional accessory building and the total area within the accessory buildings on site will not impede the orderly development of adjacent properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota that a conditional use permit be granted to the Applicants for the stated purpose, subject to the following terms and conditions: 1. The aggregate area of the accessory structures on site shall not exceed 14,000 square feet; 2. It is acknowledged and agreed that the proposed 42 X 10 storage building will not be used as an animal structure; 3. The Applicants will ensure that the proposed garage will be attached to the proposed new house; 4. There will be no on -site employees; member 5. The Applicants will comply with the standards of the Minnesota pollution control agency regarding removal of manure; 6. There shall be no on -site boarding of animals; 7. The Applicants shall comply with any requirements of the Fire Department made after its inspection of the site; 8. The property shall be used for private, non-commercial use only; 9. There shall be no living quarters in the proposed expansion; and 10. The Applicant shall pay to the City a fee in the amount determined by the staff to represent the actual cost to the City of reviewing this conditional use permit application. Dated: hi c em Lla l 5 , 1987. homas Andersog, Mayor ATTEST: ctn. ,vT J Donna Roehl, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Sc A y't voted in favor thereof: and upon vote being taken thereon, the following and the following voted against same: /7 a iz e_ Whereupon said resolution was declared duly passed and adopted. RES4:045129.E40 2 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Assistant to Planning; through City Administrator Adams DATE: August 9, 2007 MEETING: August 14, 2007 Planning Commission SUBJ: Tree Preservation Ordinance Background During the spring and summer of 2006, the Planning Commission and City Council discussed a tree preservation ordinance. The ordinance went through a number of revisions and was discussed at length at five City Council meetings. The City Council expressed interest in reexamining the ordinance during its goal setting workshop. Because of the lengthy process the ordinance went through last year, and also because of the difficulty finding consensus on the wording of the ordinance, staff believes the best way to approach the ordinance is to go in two stages. First, staff will seek broad policy discussions and direction from the Planning Commission and City Council. After this feedback, staff will prepare ordinance language for review at future meetings. Existing Ordinance The existing tree preservation ordinance (located in Section 828.41 of the Code, attached) includes a lot of information which creates the necessary structure, or "bones," of the ordinance. Most of these sections remained unchanged through the lengthy process last year. These sections include the purpose and function, definitions, permitting requirements, and a list of native trees (the trees which may be planted in mitigation). It should be noted that this ordinance only applies to residential districts, as the commercial districts include tree preservation within their regulations. The commercial standards require replacement at a rate of one caliper inch per one caliper inch removed. The Applicability, Exemptions, and Allowed Disturbances sections of the ordinance allow for a number of situations where trees may be removed without the need for mitigation. The ordinance exempts all removal in the area of the principal structure, driveway, septic sites, and a 50-foot wide yard (see the exhibit below). The ordinance also exempts trees removed for public and private roadways in a subdivision. Additionally, the ordinance states that an acre of removal is permitted outside of the exempted area. Since the ordinance's adoption, staff has not had a single situation in which a tree preservation plan was required because of these exemptions. The Tree Replacement requirements in the existing ordinance are more stringent for areas within an Old Growth Forest remnant than for other areas. The required replacement is 2 caliper inches per 1 removed in an Old Growth area and 1:1 for all other areas. The Old Growth Forest areas can be identified through the City's Minnesota Land Cover Classification System (MLCCS) data, which is currently being updated by Hennepin County. Suggested Policy Discussions Staff suggests that the Planning Commission discuss at least the four broad policy questions listed below. If Commissioners have other issues they wish to discuss as well, please get them onto the table as well. Staff suggests discussing: 1) Should residential districts have separate tree preservation regulations than commercial districts? 2) What, if anything, should be exempted from the tree preservation requirements? 3) How much tree removal should be allowed without replacement and how do we quantify this measurement? 4) When replacement is necessary, what should be required? Residential and Commercial Requirements The commercial district regulations included tree preservation when the ordinances were created. These regulations require a 1:1 mitigation on any significant tree removed. Staff believes that there are differences between commercial and residential development that warrant separate regulations. It is easier to craft regulations for a specific district and gives the flexibility to have different standards in different situations. Another discussion may be whether residential standards should be different for rural lots than lots within the MUSA. Following adoption of the Comp Plan Update, the City will be updating a large portion of the district regulations. It may be more efficient to create regulations now that are consistent in all residential districts and work on the district specific regulations when each of the district regulations are updated next year. Exempted Removal The current ordinance exempts all removal for the principal structure, driveway, septic sites, and a 50 foot yard from any regulation. Having this exemption allows a property owner to plan their site without an incentive to place the home or driveway in a way that avoids trees. Removing the driveway (and private road) exemptions could be an incentive to locate the driveway in a way to avoid trees, and to avoid 100 feet wide turnabout driveways. If there is no work that is exempted, the ordinance could still allow a reasonable amount of removal (see next discussion point). Allowed Removal The current ordinance allows an acre of tree removal without requiring replacement. This requirement makes sense in large, heavily wooded lots and at time of a subdivision site plan. However, it doesn't cover smaller projects which still could have a large amount of tree removal. Looking through tree preservation ordinances from other cities, the allowed removal is usually 2 handled either as a percent of the total number of trees on the site, or by requiring some amount of trees per acre (be they saved or replaced). There was some concern raised last year that counting every tree on a large lot is too much work for an application. An alternative would be to allow an applicant to show the area of a large stand or trees rather than counting the trees within the area. The allowed removal would than be a percentage (in sq. ft.) of the wooded area. Cities allow varying tree removal without replacement. There appears to be a range of 25% to 50% in the ordinances investigated around the metro area. This number can be set at whatever the City Council decides and staff can suggest ways to quantify these measurements. The other way to quantify the removal and replacement is to require a certain amount of trees per acre. Shoreview, for instance, requires 15 significant trees per acre. This regulation makes more sense at time of subdivision design than for smaller projects (such as a building permit). Replacement Requirements The current ordinance requires one caliper inch replacement for each caliper inch removed (above what is allowed) except within an Old Growth Forest area, in which case the replacement is 2:1. By requiring this replacement, the City is taking the position that maintaining the Old Growth Forest areas is a priority, hopefully deterring the removal of trees in this area. Using caliper inches as the measurement for replacement is very common in most tree preservation ordinances that staff has seen. A general 1:1 policy is common, but cities do also require additional replacement of areas or types of trees that they deem particularly important. Additionally, the two-year guarantee in the current ordinance is also common across other ordinances. Staff Recommendation Staff recommends that the Commission discuss the policy questions raised above and any additional issues of interest that Commissioners may suggest. If consensus is reached on some of these matters, staff suggests that the Commission make such a recommendation to the City Council. Attachments 1. Section 828.41 (residential tree preservation ordinance) 2. Section 831.07 (1) (Urban Commercial tree preservation regulation) 3 Medina City Code 828. Zoning Performance Standards and Enforcement Section 828.41. Tree Preservation and Replacement. Subd. 1. Purpose. The purpose of this ordinance is to promote, within the city, development that retains Medina's rural character, in which the natural environment is the dominant feature. Trees and landscaping are a major component of the natural environment, and the city recognizes that preservation and replanting of trees is important in order to maintain a healthy and desirable community. The city further recognizes that a certain amount of tree loss is an inevitable consequence of the development process, but that the reforestation of this valuable renewable resource will ultimately provide a long-term environmental and economic benefit. Subd. 2. Function. The function of this ordinance includes but is not limited to: (a) improved air quality; (b) reduced noise pollution; (c) improved water quality; (d) prevention of soil erosion; (e) energy conservation through natural insulation and shading; (f) control of the urban heat island effect; (g) increased property values through protection of privacy by maintaining and establishing tree buffers between conflicting land uses; (h) providing habitat for wildlife, including birds that help in the control of insects; (i) enhancement of the city's physical and aesthetic environment; and (j) enhancement of the quality of life and the general welfare of residents. Subd. 3. Definitions. The following words and terms, wherever they occur in this ordinance, are defined as follows: (a) "Best Management Practices" (`BMP") are the Erosion and sediment control practices as well as conservation or Low Impact Development principles related to Tree Preservation and removal, that are the most effective and practicable for controlling, preventing and minimizing negative impacts on existing Trees, minimizing soil exposure and protecting tracts of Woodland and Old Growth Forest Remnants. (b) "Conservation Easement" is a voluntary, legally binding agreement that limits certain types of uses, or limits development from taking place on a piece of property, now and in the future, while protecting the property's ecological and open -space value. (c) "Crown Cover" is the protective canopy created by the overlapping leafy heads of Trees that shelters the habitat beneath it. (d) "Development Site" is the surveyed parcel, or site, including those improvements that occur on -site or adjacent to the Development Site or spoil site locations. A Development Site includes both the Primary and Secondary Construction Zones. (e) "Diameter" is the width of a Tree's trunk, measured at four (4) feet above the ground and measured in caliper inches. 828. Zoning Performance Standards and Enforcement Page 30 of 62 Medina City Code 828. Zoning Performance Standards and Enforcement (f) "DNR" is the Minnesota Department of Natural Resources. (g) "Dripline" is the farthest distance away from the trunk of a Tree that rain, or dew, will fall directly to the ground from the leaves or branches of the Tree to the roots. (h) "Erosion" is the wearing away of ground surface as a result of the movement of wind, water, ice and/or land disturbance activities. (i) "Forestry Specialist" is a person certified in urban forestry functions and management, who has been retained by the city, or an applicant. (j) "Lost Trees" are Significant Trees in areas to be preserved but that die as a result of construction or Development Site improvement activities and must be replaced at the same ratio as Significant Trees. Such Trees shall be considered Lost Trees when they die as a result of: (i) grade change or land alteration, whether temporary or permanent, of greater than one (1) foot, measured vertically and affecting forty (45) percent, or more, of the tree's root zone (the area under a Tree that is at and within the Dripline of the Tree); (ii) secondary construction activities that result cutting forty (45) percent, or more, of the Tree's root zone (the area under a Tree that is at and within the Dripline of the Tree); (iii) mechanical injury to the trunk of a Significant Tree, causing the loss of thirty (30) percent, or more, of the bark at a specific part of the tree; or (iv) compaction to ninety (90) percent of a depth of six (6) inches, or more, of forty (45) percent, or more, of the Tree's root zone (the area under a tree that is at and within the Dripline of the Tree). (k) "Low Impact Development" or "LID" means multi -functional site design, streetscapes and architecture that maintains and restores vital terrestrial ecological processes necessary to protect the ecological integrity of the land. (1) "Natural Resources Inventory" is a document developed by city that denotes where regionally significant natural resources are located within city. (m) "Primary Construction Zone" means all areas that are occupied by a structure, driveway or parking area, areas above utility lines and all other utilities, including sanitary sewer, storm sewer, electric, cable television, natural gas and telephone, plus an additional portion of the lot which extends from the furthest projections of the structure (excluding open decks and porches), thirty feet (30) feet surrounding the proposed building area. 828. Zoning Performance Standards and Enforcement Page 31 of 62 Medina City Code 828. Zoning Performance Standards and Enforcement (n) "Principal Structure" means any building or structure on the property in which the main use of the property takes place. (o) "Private Road" means a privately owned (or controlled) and maintained drive, street, road, lane, or any improved or unimproved surface, not dedicated to a governmental entity as a public road, which provides the primary means of vehicular ingress and egress from a public road to two or more dwelling units, lots, parcels or principal buildings, whether created by a private right -of way, easement, or other device. (p) (q) (r) "Old Growth Forest Remnant" is a natural forest remnant that is one acre or greater, that has developed over a long period of time, generally around 100 years, with young, middle-aged and old trees present. It is dominated by shade tolerant species, such as sugar maple and basswood. All Old Growth Forest Remnants are identified in the city's current Natural Resource Inventory or in the current Natural Areas and Community ID Numbers map which are available at city hall. "Replacement Trees" are trees that replace removed Significant Trees. "Secondary Construction Zones" are all areas that are disturbed by construction of street, sanitary sewer, septic, water, storm sewer, gas, electric, telephone and television cable and trenching, including areas extending ten (10) feet beyond all edges of the driveway and paved areas and five (5) feet beyond the edge of the utility line. (s) "Significant Tree" is a healthy, deciduous tree, measuring eight (8) inches in Diameter or greater, or a healthy coniferous tree, measuring four (4) inches or greater in Diameter. (t) "Subdivision" consists of the division of a parcel into two or more lots whether by survey or plat. (u) "Tree" is a woody plant, which at maturity, is thirteen (13) to twenty (20) feet or greater in height and that has a more or less definite crown. (v) "Tree Preservation and Replacement Plan" is a certified survey, which shows the location and species of all Trees to be preserved, removed, or disturbed, and the location of Replacement Trees within the site. (w) "WCA" means the "Wetland Conservation Act," Minnesota Statutes Sections 103G.222-.2373. (x) "Woodland" is a group of Significant Trees and understory plants that are one (1) acre or greater in size and non -species specific, with a Crown Cover of fifty (50) percent or greater. Old Growth Forest Remnants are a species -specific type of Woodland. 828. Zoning Performance Standards and Enforcement Page 32 of 62 Medina City Code 828. Zoning Performance Standards and Enforcement Subd. 4. Applicability. This ordinance shall apply to any of the following circumstances: (a) any formal land use application to the city that is to be zoned residential, including, but not limited to, Subdivisions, minor Subdivisions, site plans, rezoning and conditional use permits; (b) Site improvements requiring a building, grading, driveway, sign or WCA permit; (c) redevelopment of a legal non -conforming principal structure; and (d) removal of more than one (1) acre of Significant Trees. Subd. 5. Exemptions. The following activities are exempt from the requirements of this ordinance: (a) any Allowed Disturbance to the extent allowed by Subdivision 6 of this ordinance; (b) removal of less than one (1) acre of Significant Trees; (c) commercially -zoned properties which follow the zoning -specific requirements; (d) removal of Trees located within the public right-of-way or Private Road of a Subdivision that is to be zoned residential if Best Management Practices are followed; (e) removal of a Tree that has been determined by a Forestry Specialist to be Diseased; (f) the installation of telephone, cable television, electric poles and other kinds of utility lines or service connections to these utilities; (g) removal of Trees in connection with an emergency that poses an immediate danger to life or property; (h) removal of Trees that are located in areas in the Three Rivers Park District -managed Morris T. Baker Park and the DNR-managed Wolsfeld Woods Scientific and Natural Areas; (i) 0) removal of Trees that are damaged by storms or natural disasters; and removal of Trees within an existing Conservation Easement for which a private management plan exists. Subd. 6. Allowed Disturbances. The following is the allowed amount of Significant Trees that may be disturbed with respect to activities subject to this ordinance which shall not require a Tree Preservation or Replacement Plan or Permit: (a) All Significant Trees within the area of the footprint of the Principal Structure; 828. Zoning Performance Standards and Enforcement Page 33 of 62 Medina City Code 828. Zoning Performance Standards and Enforcement (b) All Significant Trees within the area of the driveway for the Principal Structure; (c) All Significant Trees within the area for the septic system for the Principal Structure; and (d) All Significant Trees within a fifty (50) foot area around the perimeter of the Principal Structure. The fifty (50) foot perimeter width may be relaxed and the perimeter permitted to become wider at some points so as long as the average width of the perimeter does not exceed the fifty (50) foot requirement. �..�•• . • � Building Setback Lines Average 50 feet around house Subd. 7. Waiver. A waiver from the requirements of this ordinance may be granted by the city on a case -by -case basis for circumstances where the applicant has exhausted all design options for the Development Site. An applicant shall be eligible for a waiver only if he or she is willing to provide at least two (2) of the Best Management Practices listed in Subdivision 8 of this ordinance. Waivers associated with a land use application shall be considered by the city council at time of the review of the application and shall not be considered after this review is approved. Waivers for non -land use application permits may be reviewed and approved by the Zoning Administrator. Subd. 8. Standards Governing Tree Preservation, Protection and Planting. The following Best Management Practices may be used for those Development Sites that identify Conservation Easements that encompass Old Growth Forest Remnants or Development Sites that are requesting waivers from certain requirements of this ordinance: (a) Realignment of proposed streets and utilities in order to avoid Tree removal; 828. Zoning Performance Standards and Enforcement Page 34 of 62 Medina City Code 828. Zoning Performance Standards and Enforcement (b) Reduction of required street width and increase of street grade up to an eight (8) percent slope by the city when the applicant can demonstrate that these changes result in Tree preservation; (c) The use of private drives in lieu of public streets; (d) Variation in street radius and speed design; (e) Modified grading plans; (f) Flexible lot lines; (g) Alternative utility configurations, such as the use of ejector pumps, force mains, or revised home elevations to minimize grading; (h) The use of flexible development standards, such as clustering of homes, in order to preserve Old Growth Forest Remnants, Significant Trees and open space; (i) The preservation of unique and rare Tree species identified in the Natural Resource Inventory; and (j) The use of Low Impact Development principles. Subd. 9. Tree Preservation and Replacement Requirements. For all activities that are subject to this ordinance or exceed the Allowed Disturbances, a Tree Preservation and Tree Replacement plan must be submitted by the applicant for review and approval by the city. (a) Tree Preservation Plan. The Tree Preservation Plan shall consist of a tree inventory. The tree inventory shall be a survey which shall follow all ordinances for grading and Erosion control. To the extent possible, Old Growth Forest Remnants, Woodlands, Significant Trees and Natural Habitat areas shall be preserved All Tree Preservation Plans shall include the following information for all Primary and Secondary Construction Zones including areas designated for primary and secondary septic locations: (i) The number of acres of Woodland or Old Growth Remnant Forest areas on the Development Site along with a list of the Tree species within these areas to be preserved and removed, and the caliper inches of Trees to be removed; or (ii) A list of each Significant Tree species on the Development Site that are not within a Woodland or Old Growth Remnant Forest area and the number of each for Significant Trees to be preserved and removed, and the caliper inches of Significant Trees to be removed; 828. Zoning Performance Standards and Enforcement Page 35 of 62 Medina City Code 828. Zoning Performance Standards and Enforcement (iii) A list of any ecologically unique and/or significant areas on the Development Site that are identified in the Natural Resources Inventory Report; (iv) A description of the Erosion control measures to be used on the Development Site, along with the location, including the use of protective fencing; and (v) Any existing and/or proposed Conservation Easements. (b) Tree Replacement Requirements: (i) Number and Size of Trees to be Replaced. For Trees located within a Woodland area, a Tree Replacement ratio of one (1) caliper inch per one (1) caliper inch of a Lost Tree is required. For Trees located within an Old Growth Forest Remnant area, a Tree Replacement ratio of two (2) caliper inches per one (1) caliper inch of a Lost Tree is required. For all other areas containing Significant Trees, a Tree Replacement ratio of one (1) caliper inch per one (1) caliper inch of Lost Tree is required. (ii) Type of Replacement Trees. All Replacement Trees shall be Native Trees and shall be species that are listed in the Native Tree List contained within Subdivision 10 of this Ordinance All Replacement Trees shall be appropriate for the soil conditions found at the planting site. All Replacement Trees shall be from certified nursery stock and shall not be bare root stock. There shall be no more than twenty-five (25) percent of the same species of Replacement Trees on any one Development Site. i) Minimum Size of Replacement Trees. All deciduous Replacement Trees shall be at least two (2) caliper inches in Diameter. All coniferous Replacement Trees shall be at least four (4) feet in height. (iv) Placement of the Replacement Trees. All Replacement Trees shall be planted within the Development Site. Replacement Trees may be planted in an alternative location if that location is approved by the City Council. (iv) Replacement of Replacement Trees. All Replacement Trees must survive for two years from the date of planting before the city will refund the financial guarantee required by this ordinance. In the event that a Replacement Tree dies before the two years have passed, it shall be replaced with a Tree of the same caliper inch size. The new Tree must survive for two years from the date of its planting before the city will refund the financial guarantee required by this ordinance. ( (c) Tree Replacement Plan. All of the proposed Replacement Trees shall be set forth in a Tree Replacement Plan that contains the above information about each Replacement Tree. The Tree Replacement Plan shall be submitted by the applicant for review and approval by the city council. The Tree Replacement Plan shall be certified by a Forestry Specialist. 828. Zoning Performance Standards and Enforcement Page 36 of 62 Medina City Code 828. Zoning Performance Standards and Enforcement (d) Protection of Undisturbed Trees. Trees that are to be preserved undisturbed on the Development Site shall be delineated with protective fencing, placed one (1) foot beyond the Tree's Crown Dripline. (e) Amendments. A Tree Preservation or Replacement Plan may need to be amended after it has been approved by the city council. Requests for amendments shall be submitted to the Zoning Administrator prior to the issuance of the Tree Replacement Permit. The city's Zoning Administrator shall have the authority to approve minor amendments. Request for amendments after the Tree Replacement Permit has been issued shall be considered by the City Council. Subd. 10. Native Trees. The following is the list of Trees found in this area that are native to Minnesota as specified by the DNR (before European pre -settlement): (a) Aspen, bigtooth (also called largetooth aspen, poplar, popple)(Populus grandidentata); (b) Aspen, quaking (also called trembling aspen, poplar, popple)(Populus tremuloides); (c) Basswood, American (Tilia Americana); (d) Birch, paper (Betula papyrifera); (e) Birch, river (Betula nigra); (f) Birch, yellow (Betula alleghaniensis); (g) Butternut (Juglans cinerea); (h) Cedar, eastern red (also called juniper) (Juniperus virginiana); (i) Cedar, northern white (Thuja occidentalis); (j) Cherry, black (Prunus serotina); (k) Cherry pin (Prunus pensylvanica); (1) Coffeetree, Kentucky (Gymnocladus dioica); (m) Elm, American (Ulmus Americana); (n) Elm, slippery (also called red elm) (Ulmus rubra); (o) Fir, balsam (Abies balsamea); (p) Hemlock (Tsuga Canadensis); (q) Hophornbeam, eastern (also called ironwood) (Ostrya virginiana); (r) Hickory, bitternut (Carya cordiformis); (s) Hickory, shagbark (Carya ovata); (t) Honeylocust (Gleditsia triacanthos); (u) Hornbeam, American (also called blue beech)(Carpinus caroliniana); (v) Maple, black (Acer nigrum); (w) Maple, mountain (Acer spicatum); (x) Maple, red (Acer rubrum); (y) Maple, silver (Acer saccharinum); (z) Maple, sugar (Acer saccharum); (aa) Mulberry, red (Morus rubra); (bb) Oak, black (Quercus velutina); (cc) Oak, bur (Quercus macrocarpa); (dd) Oak, chinkapin (also called yellow chestnut oak)(Quercus muehlenbergii); (ee) Oak, northern red (Quercus rubra); 828. Zoning Performance Standards and Enforcement Page 37 of 62 Medina City Code 828. Zoning Performance Standards and Enforcement (ff) Oak, northern pin (also called Jack oak, Hill oak)(Quercus ellipsoidalis); (gg) Oak, swamp white (Quercus bicolor); (hh) Oak, white (Quercus alba); (ii) Pine, eastern white (Pinus strobes); (jj) Pine, jack (Pinus banksiana); (kk) Pine, red (also called Norway pine)(Pinus resinosa); (11) Spruce, black (Picea mariana); (mm) Spruce, white (Picea glauca); (nn) Tamarack (also called eastern or American larch) (Larix laricina); and (oo) Walnut, black (Juglans nigra). Subd. 11. Permit Required. Whenever Tree Replacement is required, the applicant must obtain a Tree Replacement Permit from the City by fling an application with the City. The application shall include the Tree Inventory and Tree Replacement Plan for the Development Site. The application shall also include payment of a permit fee which shall be set by resolution of the city council from time to time. Subd. 12. Financial Guarantee for Tree Replacement. In the event that Tree Replacement is required, the applicant shall submit a financial guarantee, in a form acceptable to the city at the time of obtaining the Tree Replacement Permit. The financial guarantee must be for at least two years in order to ensure both the planting and the survival of the Replacement Trees. If no Replacement Trees are required, the City may require a financial guarantee that will ensure that in the event that any existing Significant Trees are damaged or killed at time of development, they will be replaced by Replacement Trees. No financial guarantee shall be required when there are no Significant Trees on the property. Subd. 13. Violations. It shall be a violation of this ordinance for any person, firm or corporation, to destroy any Significant Tree beyond the amounts set forth by this ordinance. The city Zoning Administrator has the discretion to determine non-compliance with this ordinance. The destruction or partial destruction of any Significant Trees in violation of this ordinance shall be considered a violation and may result in revocation of the Tree Replacement Permit or an action against the financial guarantees. Subd.14. Penalties. Any person convicted of violating this ordinance shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute. Such penalty may be imposed in addition to an action against the financial securities, suspension or revocation of the Tree Replacement Permit. 828. Zoning Performance Standards and Enforcement Page 38 of 62 Medina City Code 831. Zoning — Urban Commercial District (ii) Size — the minimum size shall not be less than 2.5 caliper inches measured 1 foot off the ground at the time of planting for deciduous trees and for coniferous trees the minimum size shall not be less than 6 feet high. (iii) Type — shall be native species suitable for the site and consistent with others in the area. Other species hardy to the soil and circumstances may be allowed. (iv) Location — the location shall be shown on the site plan and be found acceptable by the City prior to planting. (v) Landscaping — Street trees shall count as landscaping. (k) Open Space Trees — Shall consist of native species, be consistent with the landscape plan, and complement the form and function of the open space. (1) Tree Preservation — Trees are a major component of the natural environment and their ecosystems. For this reason and for compliance with the purposes of this district, significant trees (trees measuring 8 or more caliper inches in diameter measured 4 feet off the ground) are protected. No significant tree shall be removed unless required to implement the development plan approved by the city and accompanied by a tree replacement plan consistent with this ordinance including replacement of 1 caliper inch for each caliper inch removed. Every 2 feet in height of a coniferous tree equals 1 caliper inch. A coniferous tree must measure at least 6 feet high at the time of planting to qualify as a replacement tree. In those instances where it is not practical to plant replacement trees on the site, the City may accept a payment (as determined by the City) in lieu of planting some or all of the replacement trees. Street trees can not be used to calculate replacement. A significant tree will be considered removed or lost as a result of: 1) clearing or cutting which result in removal or killing of the tree; 2) grade change, including grading or filling, whether temporary or permanent, affecting 45 percent or more of the tree's critical root zone (the area around the tree trunk having a radius of 1.5 feet for every caliper inch of the tree's diameter); 3) utility, roads or other construction resulting in the cutting of 45 percent or more of the tree's roots within the critical root zone; 4) mechanical injury to the trunk causing loss of more than 40 percent of the circumference of any portion of the trunk bark; 5) compaction to a depth of 6 inches or more of 45 percent or more of the surface of the soil within the critical root zone. (m) Impervious Coverage — The maximum impervious coverage shall not exceed 60 percent. An approved soft trail (one comprised of wood chips, ag lime, or crushed rocks) will not be counted as impervious. See Figure 1. (n) Curb Cuts — Curb cuts shall not exceed 24 feet in width. 831. Zoning — Urban Commercial District Page 8 of 29