HomeMy WebLinkAbout8/11/10
City of Farmington
430 Third Street
Farmington, MN 55024
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AGENDA
PLANNING COMMISSION
August 11, 2010
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) June 29, 2010 Special Meeting
b) July 21, 2010 Work Session
3. PUBLIC HEARINGS
a) Ordinance amending Title 10, Chapter 6, Section 11 of the Zoning Code concerning Woodland and Tree
Preservation
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
4. DISCUSSION
a) Riverbend 3rd Addition Final Plat
b) Tree Board Discussion
5. ADJOURN
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ciJarmington.mn.us
TO:
Planning Commission
FROM:
Lee Smick, City Planner
AICP, CND
SUBJECT:
Woodland & Tree Preservation Ordinance
DATE:
August 11, 2010
INTRODUCTION / DISCUSSION
As part of the recently approved Natural Resources Inventory [NRI], a recommendation was formed to review
the City's environmental ordinances. It was determined by staff that the most pressing ordinance that needed to
be reviewed was regarding tree preservation.
Attached for the Commission's review is a proposed ordinance amending Section 10-6-11 of the City Code
regarding Tree Preservation. It should be noted that the proposed ordinance only applies to new development in
all zoning districts, new building construction, expansion of existing commercial, industrial or institutional
buildings, and any project that requires a city land disturbance permit. Also attached, is a memorandum
prepared by Sherri Buss of the consulting firm TKDA that highlights the key sections of the proposed
ordinance.
The Commission did review this ordinance in draft form on July 21 st at a work session. The draft ordinance
contained requirements for tree preservation on existing residences and commercial and industrial properties
that are not proposing expansion. This language was removed from the proposed ordinance at the request of the
Planning Commission due in large part to property rights issues.
ACTION REQUESTED
Recommend approval of the attached ordinance and forward that recommendation to the City Council
ReSpeCtfUI~
~k' Ciry Planner ..
AICP, CND
TKDA
444 Cedar Street, Suite 1500
Saint Paul, MN 55101-2140
ENGINEERS' ARCHITECTS' PLANNERS
(651) 292-4400
(651) 292-0083 Fax
www.tkda.com
MEMORANDUM
To: Farmington City Council
Farmington Planning Commission
Lee Smick, City Planner
Randy Distad, Parks Director
From: Sherri Buss, R.L.AlSenior Planner, TKDA
Date: July 27,2010
Reference: Woodland and Tree
Preservation Ordinance
Proj. No.: 14412.000
Routing:
BACKGROUND AND PROCESS TO DEVELOP PROPOSED ORDINANCE
The City's Natural Resource Inventory and Management Plan adopted earlier this year recommended
reviewing and updating the City's environmental ordinances to implement the plan's recommendations.
Review of the current ordinances with the City Planner indicated that the existing Tree Preservation section
of the code (#10-6-11) was outdated and was a priority for revision. The Natural Resources Inventory and
Management Plan emphasized the need to protect woodlands as a plant community (as well as individual
trees) and to provide incentives to landowners to preserve woodlands and significant trees.
A draft ordinance was developed and reviewed by the City staff, Parks Commission, and Planning
Commission. Their comments were used to revise the draft. A copy of the proposed ordinance as
recommended by the staff and city commissions is attached. Many parts of the ordinance are based on
woodland preservation ordinances adopted in the last several years in other growing Metro Area
communities, adapted to meet Farmington's needs. The basic elements of the ordinance, such as the
requirements for the tree inventory and woodland/tree replacement plan, are similar to those used in many
communities. The draft includes a few new ideas gleaned from some of the other ordinances that may be
useful in Farmington.
The sections below highlight some of the key sections of the proposed ordinance:
Section (C)1--Applicabilitv
The proposed ordinance applies to new development in all districts, new building construction,
expansion of existing commercial, industrial or institutional buildings, and any project that requires a
city land disturbance permit.
The proposed ordinance does not apply to existing residences or existing commercial and industrial
buildings that are not proposing expansion. This issue was discussed at length with both the Planning
Commission and Parks Commission. Some City Ordinances do regulate tree cutting on existing
residential and other properties, particularly the removal of significant trees or large specimen trees.
The Planning Commission and some members of the Parks Commission recommended that the City
not regulate tree removal unless it is part of proposed development or commercial facility expansion.
/ An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Woodland Preservation Ordinance
City of Farmington
Page 2
July 27,2010
Members felt that this level of regulation infringes on private property rights, and could be a
disincentive to plant trees.
Section (C)2-Woodland Preservation Plan Reauirements
The requirements for the woodland preservation plan and tree inventory are similar to those of many
growing communities in the Metro Area, including Farmington's neighbors such as Rosemount and
Apple Valley. This section is also very similar to the requirements in communities such as
Woodbury, Maple Grove and Plymouth.
Item #5.
Allowable Tree Removal
Most ordinances allow developers to remove 30-35 percent of trees on a property without a
replacement requirement. This allows for reasonable use of the property without a "penalty." This
ordinance allows up to 30 percent of "significant" trees to be removed-larger numbers of "lower
value" small trees can be removed without replacement. Items 6, 7 and 8 include the replacement
requirements if more than 30 percent of the significant trees are proposed to be removed.
Item #9.
Significant Woodland Replacement Alternative.
This section gives developers two options for determining woodland replacement: an option to
replace trees based on the count of significant trees that would be lost (as described in item #7 and 8,
or to replace the trees on the basis of the square footage area of woodlands that will be impacted. It
requires that if the "woodland" replacement method is used, that trees be arranged to provide a
woodland habitat. This method might produce a better replacement from an ecological sense, and the
calculation may be easier for developers. This alternative is included in other ordinances that seek to
replace woodland habitat rather than individual trees.
Item #15.
Incentives for Woodland Protection
This section offers incentives for woodland protection, including density transfers and unit bonuses.
It also develops the concept of a "tree bank" for woodland replacement. These incentives were
included to respond to Planning Commission and Council Member comments on the Natural
Resource Inventory that suggested the community should provide incentives for resource protection,
not just regulation.
The proposed tree banks could be developed on City parks, greenway areas, or within developments.
We are currently working with City staff to map potential locations for tree banks.
Item # 19.
Existing developed commercial properties
This section requires replacement of trees that were removed that were part of an approved landscape
or woodland plan.
Woodland Preservation Ordinance
City of Farmington
Page 3
July 27, 2010
We will discuss the proposed Woodland and Tree Preservation Ordinance at the Planning Commission
meeting on August 11, and hold a public hearing on the proposed ordinance. It is anticipated that the City
Council will review the proposed ordinance on August 16, 20 I O.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 10-6-11 OF THE
ZONING CODE CONCERNING WOODLAND AND TREE PRESERVATION
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 10-6-11 is amended by adding the underlined language below and deleting the
strikethrough language as follows:
SECTION 10 -6-11: WOODLAND AND TREE PRESERVATION:
(A) Intent: It is the intent of the city of Farmington to preserve \vooded areas throughout the eity afld with
respect to future site development, to retain, as far as practicable, substafltial existing tree coyer.
protect. preserve and enhance the natural environment of Farmington. to encourage a resourceful and
prudent approach to the development of wooded areas. and to retain. as far as practicable. substantial
existing tree cover. The city recognizes the value of trees and woodlands for improving air quality.
protection against wind and water erosion. shade. energy conservation. wildlife habitat. scenic beauty.
and protecting the integrity of the natural environment.
(B) Credit For Existing Trees: Credit for the retention of existing trees which are of acceptable species,
size and location may be given to satisfy the minimHm number requirements set forth in this chapter.
all Definitions
Unless specifically defined below. words or phrases used in this chapter shall be interpreted so as to
give them the same meaning as they have in common usage and to give this chapter its most
reasonable application.
COMMON TREE: includes Ash. Aspen. Box Elder. Cottonwood. Elm. Hackberry. Locust. Poplar.
Silver Maple. Willow. and any other tree species not defined as a hardwood deciduous tree or a
coniferous/evergreen tree.
CONIFEROUS/EVERGREEN TREE: a woody plant. which. at maturity. is at least twelve (12) feet
or more in height and has foliage on the outermost portion of the branches year-round. Tamaracks
(Larch) are included as a coniferous tree species.
CONSTRUCTION ACTNITY: a disturbance to the land that results in a change in the topography.
existing soil cover (both vegetated and non-vegetated), or the existing soil topography that may result
in accelerated storm water runoff. leading to soil erosion and movement of sediment into surface
waters or drainage systems. Examples of construction activity may include clearing. grading. filling.
excavating. building construction and landscaping.
CONSTRUCTION DAMAGE: any action such as filling. scraping. trenching or compacting the soil
around trees or wounding trees in such a manner that it may result in the eventual death of the tree.
1
CRITICAL ROOT ZONE: an imaginary circle surrounding the tree trunk with a radius distance of
one (1) foot per one (1) inch of tree diameter. e.g.. a twenty (20) inch diameter tree has a critical root
zone with a radius of twenty feet.
DECIDUOUS TREE: a woodv plant which. at maturity. is at least fifteen (15) feet or more in height.
has a defined crown. and sheds leaves annually.
DIAMETER: the diameter ofthe main stem of the tree at a point four and one-half (4.5) feet above
the ground.
DRIP LINE: the farthest distance away from the trunk of a tree that rain or dew will fall directly to
the ground from the leaves or the branches of the tree.
HARDWOOD DECIDUOUS TREE: includes Birch. Basswood. Black Cherry. Catalpa. Hickory.
Ironwood. Hard Maples. Oak and Walnut.
LANDSCAPING: means plantings such as trees. grass and shrubs.
INVASIVE TREE SPECIES: a tree species that is non-native to the ecosystem and whose
introduction causes economic or environmental harm. Invasive tree species include. but are not
limited to Common Buckthorn (Rhamnus cathartica). Glossy Buckthorn (Rhamnus frangula).
Tartarian Honeysuckle (Lonicera tatarica). Amur Maple (Acer ginnala). and Siberian Elm (Ulmus
pumila ).
NUISANCE TREE:
(1) Any living or standing tree or part thereof infected to any degree with a shade tree disease or
shade tree pest.
(2) Any logs. stumps. branches. firewood. or other part of dead or dying tree(s) infected with a
shade tree disease or shade tree pest unless properly treated under the direction of the city
forester-tree inspector.
(3) Any standing dead trees or limbs which may threaten human health or property.
SHADE TREE DISEASE: includes Dutch elm disease (Ophiostoma ulmi). oak wilt (Ceratocystis
fagacearum). or any other tree disease of epidemic nature.
SHADE TREE PEST: includes Emerald Ash Borer (Agrilus planipenis). European Elm Bark Beetle
(Scolytus multistrialus). Native Elm Bark Beetle (Hylurgopinus rufipes) or any other shade tree pest
with potential to cause widespread damage.
SIGNFICANT TREE: a healthy tree measuring a minimum of six (60) inches in diameter for
hardwood deciduous trees. eight (8) inches in diameter for coniferous/evergreen trees. or twelve (12)
inches in diameter for common trees. as defined in this section.
SIGNFICANT WOODLAND: a treed area of at least 15.000 square feet or more which includes
significant trees.
SPECIMEN TREE: a healthy hardwood deciduous tree measuring equal to or greater than thirty (30)
inches in diameter.
WOODLAND PRESERVATION PLAN: a plan prepared by a certified forester or landscape
architect that clearly shows which trees on a site are to be preserved. and what measures will be taken
2
to preserve them. The plan will also include calculations to determine the number of replacement
trees required.
(Q Wooded ,\rea Restrictions: The follov.'ing restrictions shall apply to all development occurring in
v/ooded areas:
1. Structures shall be located in such a manner that the maximum Humber of trees shall be preserved.
2. Prior to grantiHg of a final plat, developm.ent plan, or building permit, it shall be the duty of the
person seeking the permit to demonstrate that there are no feasible or prudem alternatives to the
cutting of trees on site.
3. P orestation, reforestation or landscaping shall utilize a variety of tree species as idemified in this
chapter.
1. Development including grading and contoHring shall take place in such a manner that the root
zone aeration stability of existing trees shall not be affected. Trees to be preserved shall be staked
as provided in this chapter.
N otvlithstanding the abO'le, the removal of trees seriously dam.aged by storms, or other natural
cal:lses, shall not be prohibited. COrd. 002 169,2 19 2002)
(Q Applicability
.L Woodland Preservation Plan. A Woodland Preservation Plan shall be submitted to and approved
by the city. and implemented in accord with the plan in connection with any of the following: .
W New development in any zoning district
ili) New building construction in any zoning district
W Expansion of any existing commercial. industrial or institutional building where an approved
tree preservation plan is not on file with the city
@ Any project for which a city land disturbance permit is required
W Any Landscape Plan as required by Section 10-6-10 of this Chapter when significant trees or
significant woodlands exist in the proposed construction zone
2. Woodland Preservation Plan Requirements. The Woodland Preservation Plan shall reflect the
developer's best effort to determine the most feasible and practical layout of buildings. parking
lots. driveways. streets. storage and other physical features. so that the fewest significant trees
and/or smallest area of significant woodland are destroyed or damaged. The Woodland
Preservation Plan shall be a separate plan sheetCs) that include the following information:
W The name and address ofthe applicant. and status of the applicant with respect to the land.
ili) The name. telephone number( s) and address of the person responsible for tree preservation
during the course of the development proiect.
W Written consent ofthe owner of the land. if the applicant is not the owner.
3
@ Location of the property. including a street address and legal description.
ill Boundary lines of the property with accurate dimensions as established by survey.
ill Location of all existing and proposed structures. roads. utilities and driveways on the site.
(g) A tree inventory. indicating the size. species. general health. and location of all existing
significant trees. specimen trees and significant woodlands located within the area to be
developed or within the parcel of record. All significant trees and specimen trees must be
tagged in the field for reference on the tree preservation plan. These significant trees should
be identified on the plan sheet in both graphic and tabular form.
au Trees that were planted as part of a commercial business such as a tree farm or nursery do not
need to be inventoried on an individual basis. A general description of the trees and an outer
boundary of the planted area must be provided. The burden of proof shall be on the applicant
to provide evidence to support the finding that the trees were planted as part of a commercial
business.
ill A listing of the total diameter inches of healthy significant trees inventoried in item (c) above.
Dead. diseased or dying trees and invasive tree species do not need to be included in the
totals.
ill A listing of the total diameter inches of healthy significant trees proposed to be removed.
total diameter inches of healthy hardwood deciduous trees to be removed. total diameter
inches of healthy coniferous/evergreen trees to be removed. and total diameter inches of
common trees to be removed.
(k} Outer boundaries and areas (acres) of all contiguous wooded areas or significant woodlands.
with a general description of the natural community type or predominant canopy tree species
not meeting the significant tree size threshold.
ill Locations of the proposed buildings. structures. or impervious surfaces.
full Delineation of all areas to be graded and limits of land disturbance. showing one-foot or two-
foot contour intervals.
(n) Measures proposed to be implemented to protect significant trees and specimen trees.
including required protective measures and any additional protective measures as identified in
this chapter.
(Q) Size. species. number and location of all replacement trees or woodlands to be planted on the
property in accord with the tree replacement schedule. Replacement trees or woodlands shall
not include Invasive Tree Species.
(cl Signature and qualifications of the person(s) preparing the plan. The plan shall be certified
by a forester. ecologist. landscape architect or other qualified professional retained by the
Applicant.
~ Submission requirements. The Woodland Preservation Plan shall be submitted with any
preliminary plat plan. site plan or landscape plan. as required by the regulations of this code: or
4
incorporated as part of a grading plan and application for any grading permit as required by this
code.
4. Implementation. All sites shall be staked. as depicted in the approved tree preservation plan. and
the required tree protection fencing shall be installed before land disturbance is to commence. The
city shall inspect the construction site prior to the beginning of the land disturbance to ensure that
protective fencing and other protective measures are in place. No encroachment. land disturbance.
trenching. filling. compaction or change in soil chemistry shall occur within the fenced areas
protecting the critical root zone of the trees to be saved.
~ Allowable tree removal. Up to thirty (30) percent of the diameter inches of significant trees on
any parcel of land being developed may be removed without replacement requirements.
Replacement according to the tree replacement schedule is required when removal exceeds more
than thirty (30) percent of the total significant tree diameter inches.
The following types of trees do not need to be included as part of the tally of tree removals:
W Dead. diseased. or dying trees
ili) Trees that are transplanted from the site to another appropriate area within the city
W Trees that were planted as part of a commercial business such as a tree farm or nursery
@ Invasive Tree Species
6. Mitigation. In any development where the allowable tree removal is exceeded. the applicant shall
mitigate the tree loss by:
W Planting replacement trees in appropriate areas within the development in accordance with
the tree replacement schedule: or
ili) Planting replacement trees on city property under the direction of the parks and recreation
director or natural resource specialist: or
W Paying the city the fee set forth in the fee schedule adopted by City Council by ordinance.
The payment shall be deposited into an account designated specifically for tree planting.
7. Tree replacement calculations. Thirty (30) percent of the total diameter inches of significant trees
on the site may be removed without replacement. The allowable thirty (30) percent removal is
first credited to the common trees removed. then the conifers. and lastly the hardwood species.
The following calculation procedure must be used to determine tree placement requirements:
W Calculate thirty (30) percent of the total diameter inches of significant trees on the site. This
is the allowable tree removal limit. or the number of inches that can be removed without
replacement.
ili) Subtract the total diameter inches of common tree species that will be removed from the
allowable limit.
5
W If there are any allowable inches left, subtract the total diameter inches of
coniferous/evergreen tree species that will be removed from the remaining allowable inches.
@ If there are any allowable inches left, subtract the total diameter inches of hardwood
deciduous tree species that will be removed from the remaining allowable inches.
If at any point in the above calculation procedure the number of inches to be removed exceeds the
thirty (30) percent allowable removal limit. the remaining inches of removal above the allowable
limit must be replaced according to the tree replacement schedule in Item 8 below.
.8.., Tree replacement schedule. Tree removals over the allowable tree removal limit on the parcel
shall be replaced according to the following schedule:
ill Common tree species shall be replaced with new trees, at a rate of one-eighth (1/8) the
diameter inches lost (i.e. one inch diameter of replacement trees for each eight inches of tree
diameter lost). Replacement trees must be a minimum of one (1) inch diameter.
ili2 Coniferous/evergreen species shall be replaced with new trees, coniferous or deciduous. at a
rate of one-fourth (1/4) the diameter inches lost (i.e" one inch diameter of replacement trees
for each four inches of tree diameter lost). Replacement trees must be a minimum of one (1)
inch in diameter. Since coniferous species are often sold by height rather than diameter inch,
the following conversion formula can be used:
Height of Replacement Coniferous Tree12 = Diameter Inches of Credit
W Hardwood deciduous tree species shall be replaced with new hardwood deciduous trees at a
rate of one-half (1/2) the diameter inches lost (i.e" one inch diameter of replacement trees for
each two inches of tree diameter lost). Replacement trees must be a minimum of one (1) inch
in diameter.
9. Significant Woodland replacement. All significant woodlands removed must be replaced by the
Applicant. The number of replacement trees shall be determined by either of the following
methods. Either method of replacement may be used when the number of replacement trees
required is equaL or the Applicant shall utilize the method that yields the greater number of
replacement trees:
ill Replacement of significant trees within the significant woodland that are damaged or
destroyed, per the tree replacement schedule describ~ in Section 7 above.
ili2 Replacement for every 125 square feet of significant woodland damaged or destroyed, or
increment thereof, with:
L One (1 ) deciduous tree of at least 4 caliper inches or one (1) coniferous tree at least 12
feet tall; or
2. Two (2) deciduous trees of at least 2.5 caliper inches or two (2) coniferous trees at lest 6
feet tall; or
3. Four (4) deciduous trees of at least 1.5 caliper inches or four (4) coniferous trees at least 4
feet tall.
6
W Trees planted to replace significant woodlands must be arranged in stands to provide a habitat
similar to the damaged or destroyed habitat. An appropriate native understory seed mix must
be planted along with the replacement trees.
1Q" Species requirement. The city must approve all species used for tree replacement. Ornamental
trees are not acceptable for use as replacement trees. Where ten or more replacement trees are
required, not more than thirty (30) percent ofthe replacement trees shall be of the same species.
.l.L Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the
city, or which subsequently dies due to construction activity within two years after the date of
proiect closure shall be removed by the applicant and replaced with a new healthy tree meeting the
same minimum size requirements within eight (8) months of removal.
.l2.." Performance Guarantee. The Applicant shall provide the required performance guarantee
following preliminary approval of the Woodland Preservation Plan, and prior to any construction
and/or grading. The amount of the performance guarantee shall be based on the city's fee
schedule.
II Required protective measures. The Woodland Preservation Plan shall identifY the measures to be
utilized to protect significant trees. The following measures are required to be utilized to protect
significant trees:
Uti Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or
at the perimeter of the critical root zone. whichever is greater. of significant trees, specimen
trees, and significant woodlands to be preserved. No grade change, construction activity. or
storage of materials shall occur within this fenced area.
ill Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees
so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree
wound sealant.
W Prevention of change in soil chemistry due to concrete washout and leakage or spillage of
toxic materials, such as fuels or paints.
@ Removal of any nuisance trees located in the areas to be preserved.
li:. Additional protective measures. The following measures to protect significant trees that are
intended to be preserved according to the submitted tree preservation plan may be required by the
~
Uti Installation of retaining walls or tree wells to preserve trees.
ill Placement of utilities in common trenches outside of the drip line of significant trees, or use
of tunneled installation.
W Use of tree root aeration, fertilization, and/or irrigation systems.
@ Therapeutic pruning.
li Incentives for woodland protection. As an incentive to protect contiguous wooded areas, the city
will allow the following:
7
Uti Density transfer. Density of units that would be allowed in a protected woodland area may be
transferred to other areas of the development. in excess of the density limits of the underlying
zoning district. In order for the density transfer to be approved. the protected woodland must
be permanently dedicated to the city.
O:ll Unit bonus. For each acre of wooded area preserved and permanently dedicated to the city
over and above the normal ten percent parkland dedication. the developer will be allowed an
additional unit above the original unit allocation.
W Developers that own parcels without trees may dedicate appropriate areas of their plats as
"tree bank" areas. These areas would be available to accept trees planted as mitigation for
tree removals from other sites. For each acre of "tree bank" area permanently dedicated to
the city over and above the normal parkland dedication. the developer will be allowed an
additional unit above the original unit allocation. The dedication may include establishment
of a fund for maintenance of the tree bank. based on the recommendation of the park and
recreation director or the natural resource specialist. The areas proposed to be dedicated to a
tree bank must be consistent with the city's comprehensive plan provisions for greenway
opportunities. park plans. etc.. or must be adiacent to or provide an enhancement to existing
park facilities. Property dedicated must be useable upland (not wetlands. ponds or utility
easements. etc.). The city retains the right to determine whether or not it will accept the
property proposed to be dedicated for a tree bank.
~ Compliance with the Woodland Protection Plan. The Applicant shall implement the Woodland
Preservation Plan prior to and during any construction. The woodland protection measures shall
remain in place until all land disturbance and construction activity is terminated or until a request
to remove the woodland and tree protection measures is made to. and approved by. the city.
Uti No significant trees shall be removed until a woodland preservation plan is approved and
except in accordance with the approved tree preservation plan as approved by the city. If a
significant tree( s) intended to be preserved is removed without permission of the city or
damaged so that it is in a state of decline within one year from the date of proiect closure. a
cash mitigation. calculated per diameter inch of the removed/destroyed tree in the amount set
forth in the city fee schedule. shall be remitted to the city.
O:ll The city shall have the right to inspect the development and/or building site in order to
determine compliance with the approved woodland preservation plan. The city shall
determine whether compliance with the woodland preservation plan has been met.
rr Existing developed commercial properties
Uti Trees that are removed that were part of an approved landscape plan must be replaced in
accordance with the original landscaping plan. unless city approval is obtained for an
alternative landscape plan.
O:ll Trees that are removed that were part of a designated woodland preservation area must be
replaced in accordance with the tree replacement requirements outlined in this chapter. The
thirty (0) percent allowable tree removal limit does not apply in these situations.
8
1& Exceptions
W Exception standards. Notwithstanding the city's desire to accomplish the tree protection
goals outlined in this chapter, there may be instances where these goals are in conflict with
other city objectives. These conflicts are most likely to occur on small. heavily wooded
parcels. At the discretion of the City Council, exceptions may be granted if all of the
following conditions exist:
ill The subject parcel is five acres in size or less.
ill It is not feasible to combine the subject parcel with adjacent parcels that could use the
parcel as required green space.
ill Strict adherence to the requirements of the tree ordinance would prevent reasonable
development that is consistent with the comprehensive plan and desirable to the city
on the parcel
(1) The exception requested is the minimum needed to accomplish the desired
development.
ill If an exception is granted. relief from the requirements of the ordinance may take the form of
reduced mitigation requirements, greater allowable tree removal, higher thresholds for
determining significant trees or any combination of the above. The City Council will approve
the form of relief that best balances the objectives of the city and tree preservation.
SECTION 2. Effective Date: This ordinance shall be effective upon its passage and publication
according to law.
ADOPTED this
day of
,2010, by the City Council of the City of Farmington.
CITY OF FARMINGTON
By:
Todd Larson, Mayor
ATTEST:
By:
Peter Herlofsky, Jr., City Administrator
SEAL:
Approved as to for the
day of
,2010.
By:
City Attorney
Published in the Farmington Independent the
day of
,2010.
9
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Pax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
FROM:
Tony Wippler, Assistant City Planner
SUBJECT:
Riverbend 3rd Addition Pinal Plat
DATE:
August 11,2010
INTRODUCTION
Mattamy Homes, the applicant, has submitted the Riverbend 3rd Addition Pinal Plat (Exhibit A) for the property
generally located west of Dakota County Estates and north the Meadow Creek development in the northeast
comer of the City.
DISCUSSION
The applicant is requesting to Final Plat the northern 17.412 acres of the Riverbend subdivision, which was
originally approved by the City Council in 2005. The submitted final plat consists of 23 residential lots and 6
outlots.
Preliminary Plat
The preliminary plat for Riverbend 2nd Addition (which included the lots for the Riverbend 3rd Addition final
plat) was reviewed by the Planning Commission and a recommendation of approval was forwarded to the City
Council on November 14, 2006. Subsequently, the City Council approved the preliminary plat on November
20, 2006.
The approved preliminary plat consists of 78 single-family lots (of which 27 lots were final platted with the
Riverbend 2nd Addition final plat). As previously mentioned, the Riverbend 3rd Addition final plat consists of
23 residential lots of the remaining 51 lots approved in the preliminary plat. A fourth and final phase consisting
of the remaining 28 lots will be final platted at a later date.
Proposed Lot Sizes and Widths
The property is zoned R-2, Low/Medium Density Residential, which requires a minimum lot size of 6,000
square feet and a lot width of 60 feet. All of the lot sizes and widths meet the minimum standards of the R-2
Zoning District.
Parks & Recreation
The required parkland was previously dedicated with the Riverbend 2nd Addition. Two sections of an 8 foot
trail will be constructed on the eastern side of Dunbury Avenue adjacent to lots 1, 13 and 14 Block 2 within this
phase. This is the continuation of a trail extending into the parkland located directly south of the
aforementioned lots.
Transportation
Dunbury Avenue will be extended north from its current terminus at Upper 182nd Street. A cul-de-sac, Dunbury
Court, will also be constructed with this phase of development. Dunbury Court will be constructed at 32 feet
wide front to front with a 60 foot right-of-way. Dunbury Avenue is classified as a minor collector and will be
constructed at 38 feet wide front to front with a 70 foot right-of-way.
Landscape Plan
An overall landscape plan was approved with the Riverbend 2nd Addition that included the 3rd addition phase.
Boulevard trees will be installed at a 40-foot on center spacing per the previously approved landscape plan.
Engineering Review
The Engineering Division has recommended approval of the Final Plat contingent upon the satisfaction of
Engineering comments. Those comments have been forwarded to the developer's engineer.
ACTION REQUESTED
Recommend approval of the Riverbend 3rd Addition Final Plat and forward the recommendation to the City
Council contingent upon the following items:
1. An executed deed shall be recorded with the final plat mylars that transfers ownership of Outlots A, C, F
Riverbend 3rd Addition to the City of Farmington.
2. The Final Plat approval is contingent on the preparation and execution of an Development Contract.
3. The satisfaction of all engineering comments as well as approval of the construction plans for grading,
storm water and utilities by the Engineering Division.
Respectfully submitted,
---~
T~~Pler, ~ssistant City Planner
Cc: Mattamy Homes
Plat File
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
FROM:
Lee Smick, City Planner
AICP, CND
SUBJECT:
Tree Board Discussion
DATE:
August 11,2010
INTRODUCTION / DISCUSSION
At the July 21,2010 Planning Commission workshop, staff discussed the rescinded Reforestation Commission
text that was formed in 1980. Staff will be discussing the operating procedures of other Tree Boards in metro
communities as well as across the country at this meeting to understand how other Tree Board's perform their
duties.
ACTION REQUESTED
Review other Tree Board requirements.
Respectfully submitted,
all/;
I .
I ... _
Lee Smick, City Planner
AICP, CND