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HomeMy WebLinkAboutPrairieGardenWorkshop_PC092512.pdf REQUEST FOR PLANNI NG COMMISSION ACTION Families, Fields and Fair __________________________ The City That Soars! Description The Falcon Heights Environment Commi ssion recommends adoption of an ordinance allowing and regulating varied landscaping styles in Falcon Heights, including prairie gardens, meadow gard ens and rain gardens. The Planning Commission has been asked by the Counc il to review the proposed ordinance for possible impact in areas where the Pla nning Commission has authority, namely, zoning and planning and the comprehensive plan. Background On the basis of the Environment Co mmission’s recommendations, the city attorney created a draft ordinance based on one from the City of Minnetonka. This was submitted to the City Council on May 9. The proposed ordinance provides a significant addition to Chapter 54 Vegeta tion and removes parts of the nuisance and blight ordinance in Chapter 22 th at would now be covered by the new sections in Chapter 54. The City Council had concerns about neig hborhood impacts from the proposed ordinance as written and decided to refe r the matter to the Planning Commission for study and recommendation, with spec ial attention to potential impacts on neighborhood character and implications for the comprehensive plan. Due to an unusual amount of other busi ness over the summer, discussion of this topic has continued over several workshops. Budget Impact Unknown Attachments  Proposed ordinance  “Vision, Values and Objectives” and “N atural Resources” sections of the Comprehensive Plan  Staff requests that Commissioners review the material provided in their previous workshop packets and bring that reference material to the meeting. Please notify staff if new copies are needed. Action(s) Requested  Provide feedback and recommendations to the City Council Meeting Date July 24, 2012 Agenda Item Workshop Title Ordinance amending the Falcon Heights code to regulate natural landscaping. Submitted By Deborah Jones, Staff Liaison 163830v01 RNK:04/17/2012 1 ORDINANCE NO. 12-04 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTERS 22 AND 54 OF THE CITY CODE CO NCERNING VEGETATION THE CITY COUNCIL OF FALC ON HEIGHTS ORDAINS: SECTION 1. Chapter 54 of the Falcon Heig hts City Code is amended by adding Section 54-41 to provide as follows: Sec. 54-41. Vegetation Maintenance. (1) Intent and Purpose. The city council finds that there are a variety of landscapes in the city that add diversity and richness to the quality of life. Certai n areas in the city have been left, or allowed to go, unmaintain ed. These have been accepted by the vast majority of the city residents as appropriate and as part of the un ique quality of life in this community. There are community ex pectations, however, that once an area has been disturbed, landscaped, or otherwise ma intained, that area will continue to be maintained in a consistent manner. When v egetation in that area is not continually maintained, it becomes aesthetically unp leasing and violates community standards. Property that appears neglected may decrease t he value of adjacent properties. In addition, if vegetation is not properly main tained, there may be the following adverse impacts on public health, safety, and welfare: a. undesirable vegetation such as common buckthorn, quackgrass, and other weeds may invade and threaten to suppl ant other more des irable vegetation; b. vegetation that causes allergic r eactions, such as ragweed, may develop; and c. tall vegetation along driveways and public roads may impair visibility when entering or exiting public roads. The city council also finds that it is in the public interest to allow citizens to choose the type of landscaping on their properties and to make changes in that vegetation. As a protection for the lar ger community, however, this change in vegetation must be properly managed and mainta ined and the length of the transition period must be minimized. 163830v01 RNK:04/17/2012 2 The council finds that the estab lishment of prairie and meadow plant communities is an acceptable landscape treatm ent in the city. This requires special consideration, however, because weeds will grow during the fi rst few years of transition before the new vegetation pr edominates and will appear like neglect. Therefore, the council finds that this type of vegetation is acceptable if it is properly maintained to shorten the transition per iod and if notice is giv en of the intended result. In contrast, the transition to trees and other woody species does not require special consideration because untended grass or weeds are not a necessary part of that transition period. Ra ther, the transition period is shortened by eliminating competition around the seedlings through such techniques as organic mulch. The city council enacts this section to bal ance the public interest in a variety of vegetation with the public need to ensure proper maintenance of that vegetation. The council finds that establishing a height limit ation for certain vegetation is in the best interest of the public health, safety, and we lfare as outlined abov e and is a reasonable maintenance standard. (2) Definitions. For purposes of this section the following words have the meanings specified below. a. “Meadow vegetation” is grasses and flowering broad-leaf plants that are native to, or adapted to, the state of Mi nnesota, and that are commonly found in meadow and prairie plant co mmunities, except weeds. b. “Noxious weeds” are those plants so designated by the state of Minnesota under Minn. Stat. § 18.171, subd. 5. c. “Regularly cut” means mowing or otherwise cutting the vegetation so that it does not exceed 6 inches in height. d. “Turf grasses” are grasses commonl y used in regularly cut lawn areas, such as bluegrass, fescue and rye grass blends, and non-woody vegetation interspersed with them. e. “Weeds” include all noxious weeds, buffalobur, burdock, common cocklebur, jimsonweed, quackgrass, common and giant r agweed, and velvetleaf. Weeds also include anything that is horticulturally out of place. For example, a tree seedling is a weed in a vegetable garden. A property owner may establish that a plant or plants are not horticulturally out of plac e by providing a written landscape plan to the City for the area in question, complete with a listing and lo cations of plant species. The plants specifically listed above may not be included within the land scape plan. Vegetation that does not comply with this plan are weeds. (3) Maintenance standard. The maintenan ce standard in this section applies to property that has been developed with a bui lding as defined in the building code, 163830v01 RNK:04/17/2012 3 including vacant property combined with developed property for tax purposes, and a parcel of property that has been completely or partially disturbed by demolition, grading or other means in pr eparation for developm ent or redevelopment. a. All turf grasses and weeds must not exceed a height of 6 inches, measured from the base at ground leve l to the tip of each stal k, stem, blade, or leaf. b. This requirement does not apply to the following: (1) a wetland or floodplain designat ed in the zoning ordinance and wetland buffers voluntarily created by a pr ivate land owner when compatible with the character of the neighborhood; (2) a drainage pond or ditch that stores or conveys stormwater; (3) an area in which the land an d vegetation appears not to have been graded, landscaped, mowed, or otherwise disturbed by human or mechanical means at any time. Determination of what constitutes this type of area will be based on a reasonable judgment of the present appearanc e of the area. The recent history of the area may be relevant to this determination; and (4) an area established with meadow vegetation if: (a) the prior vegetation is elim inated and the meadow vegetation is planted through transplanting or s eed by human or mechanical means; (b) the area is cut at least onc e per year to a height of no more than 6 inches; (c) a sign is posted on the property in a location likely to be seen by the public, advising that a meadow or prairie is being established. This sign is required only if the meadow vegetation is in an area likely to be seen by the public. This sign must be in addition to any sign permitted by the sign ordinance but must be no sma ller than ten inches square, no larger than one square foot, and no hi gher than three feet tall; and (d) the area is set back a minimu m of 10 feet from the street curb. (4) Declaration of public nuisance. The following are public nuisances subject to abatement under this chapter: a. noxious weeds; and b. vegetation that does not meet the maintenance standard specified in paragraph 3 above. 163830v01 RNK:04/17/2012 4 SECTION 2. Subsection 22-19, Subdivision 4 of the Falcon Heights City Code is amended to provide as follows: No owner agent or occupant of any premis es shall permit upon his or her premises fallen trees, dead trees, tree limbs or item s which are a fire hazard or otherwise detrimental to the health or appearance of the neighborhood. SECTION 3. Effective Date. This ordinance s hall take effect from and after its passage. ADOPTED this ______ day of _______________, 2012 , by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ______________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Bart Fischer, City Administrator/Clerk 3 2. V ISION , V ALUES AND O BJECTIVES The City of Falcon Heights’ chief goal is to create and maint ain a high quality of life in a community that is an aging, inner ring, fully developed suburb adjacen t to St. Paul and within two miles of Minneapolis. By funding good public services and investing prudently in rebuilding and maintaining infrastructure, the City s eeks not only to keep those qualities valued by today’s residents bu t to be attractive for future reinve stment, redevelopment and renewal by residents, businesses and public instituti ons. This comprehensive plan is abou t shaping that future: a well-balanced community for all age groups to grow and pr osper and to lead healthy, fulfilling lives. Preserving and enhancing the urban/rural character valued by our residents. Of all responses Falcon Heights residents made when asked what they value about living in the city, “open space” was by far the leader. Falcon Heights is uniquely advantaged among fully developed inner ring Twin Cities suburbs in that it includes a high proportion of open space, thanks to the University of Minnesota’s extensive agricultural research land and golf course. Future redevelopment should honor this history by finding creative ways to maintain the rural/urban character of the city while accommodating the expected growth in households and population. Future development should also embrace every opportunity to build connections between the open spaces and the City’s neighborhoods, commercial areas and public spaces, so that this valued open space is not just a “view” but a living part of the community. Maintaining our traditional ne ighborhoods in this central Metro location, with opportunit ies for all our generations to stay in the City. Falcon Heights residents delight in their convenient location close to both central St. Paul and Minneapolis and their proximity to so much of what the Metro area has to offer. Residents prize their attractive, well-maintained neighborhoods, each of which has a distinct identity and some of which are on the threshold of becoming historically significant. Reinvestment in these neighborhoods must be sensitive to the style and character of these older homes and respectful of the green space and urban forest surrounding them and the open land adjacent to them. Finally, residents have also expressed a hope that they can remain in Falcon Heights as they age, that the City can continue to be home to an economically and culturally diverse population, including the young people who grow up here as they form households of their own. 4 Building connections and community identity on the Larpenteur and Snelling Avenue corridors “Where is Falcon Heights?” Many residents said their acquaintances from other citi es do not know where Falcon Heights is located, even when they drive through it every day. In fact, even some residents themselves did not have a very clear idea of the city boundaries. The two major traffic arteries that quarter the City, Larpenteur and Snelling Avenues, serve a vital local role in giving residents easy access to nearby St. Paul, Minneapolis and Roseville for work and shopping. Built to encourage vehicle rather than pedestrian traffic, Larpenteur and Snelling also function as significant barriers between neighborhoods, fragmenting city identity. Yet these major thorou ghfares offer enormous potential to become the keys to a stronger civic identity, a sense of arrival and welcome, connection and community. In-depth study of these corridors is needed in order to formulate corridor framework plans to guide public and private development aimed at realizing this potential. “Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs.” The United Nations World Commission on Environment and Development. Becoming a sustainable, en ergy efficient community The climate crisis and rising cost of energy present all cities with an extraordinary challenge. Local action is a critical part of global solutions to these problems. Individuals, businesses, public institutions and local governments all have an important role to play in making wise choices that ensure the health and viability of our communities for future generations. By establishing policies that balance social, economic and ecological needs, encourage wise stewardship of natural resources and incorporate environmental responsibility into future development, Falcon Heights can remain a community where people want to live and work for generations to come. Becoming a healthier, more acti ve and livable community. The open agricultural research fields in Falcon Heights contribute to the community’s rural feel that residents have cited as one of its most prized qualities. This asset offers high motivation and potential for active living and for implementing a number of healthy community “best practices”. On the other hand, the two busy highways constitute major obs tacles to pedestrian and bicycle travel and offer a considerable challenge to the city in implementing some changes that could make the community a healthier place to live. Another challenge is lack of essential neighborhood retail businesses residents would walk to if they could. It has been years since Falcon Heights has had a grocery store or deli within its boundaries. Small businesses that provide necessities close to home – this is the only kind of business expansion residents said they would like to see in the community. 5 Maintaining the property tax base. Falcon Heights’ geographic boundaries include the east portion of the University of Minnesota’s Twin Cities campus and the Minnesota State Fair. This unique land use composition creates an interesting community that is appreciated by residents and visitors alike. However, it results in 66% of the city’s land area being both tax-exempt and statutorily out of the City’s land use control. In addition, one quadrant of Falcon Heights central commercial core, the Snelling/Larpenteur business dist rict, was acquired in 2000 by TIES (formerly Technology Inform ation Education Services), a non-profit corporation, taking another 6.3 acres out of the City’s tax base, although city land use controls still apply. Unlike many university cities, Falcon Heights tax base does not reflect the commercial or private research facilities that many university communities enjoy. Given the city’s location by the university and within a few minutes of both downtowns, the city is increasingly attractive to tax exempt property owners. Since maintaining the tax base is critical to being able to pay for services that continue to make Falcon Heights an attractive community, the city must evaluate all land use proposals for their relationship to the tax base as well as their planning value to the community. Celebrating and developing the relationship with the University of Minnesota and the Minnesota State Fair. The city works very hard to develop and maintain good communication with its two major landholders and institutions, the University of Minnesota and the Minnesota State Fair. The City is a participant in the University of Minnesota Master Plan Steering Committee, which is currently developing a plan for both Twin Cities campuses. The City is also represented on the Campus Coordinating Committee, which includes members of the University administration and representatives from Falcon Heights, Lauderdale and St. Ant hony Park. The expected move of the Bell Museum of Natural History to a site across Larpenteur Avenue from the Gibbs Museum will be an opportunity to promote the growing civic, cultur al and recreational precinct in the Larpenteur/Cleveland area, within walking distance of City Hall and two of the City’s parks and to re-imagine the campus entry and the Larpenteur streetscape between Fairview and Cleveland. V. N ATURAL AND H ISTORIC R ESOURCES 1. N ATURAL R ESOURCES The City of Falcon Heights has no lakes, streams or pr otected wetlands and only a relatively few manmade ponding areas, many of which are located on Universi ty owned lands. It has no woodlots other than residential street trees and it has relatively little topographic relief. This is not to say that the City is devoid of character, only that its most significa nt resources are not water based thus requiring considerably le ss regulation. The City also ha s virtually no privately owned vacant land that is environmentally sensitive or possessing aesthetic character to warrant consideration for public acquisition for public use. Certain pr ivately owned lands, however, may require protective action, such as the garden lots north of Lindig Street. Falcon Heights already provides for protection of solar access in the city code and will take the protection of solar access into consideration in any future developm ent or redevelopment. G OALS AND P OLICIES Environmental Protection Objectives 1. To conserve unique and essential natural resources. 2. To protect people and property from excessive noise, pollution and natural hazard. 3. To improve the health of residents an d those who work within the city. Environmental Protection Policies 1. Minimize runoff velocities from newly developed sites. 2. Require stormwater management and erosion control plans for all new developments. 3. Encourage retention of precipi tation as practicable by providing additional storage either on-site or through the construction of a comprehensive retention area with new development or redevelopment. 4. Minimize storm water run-off fr om single-family residential properties by limiting impervious coverage and encouraging practices and technologies that retain precipitation on site. 5. Encourage the removal and replacement of diseased trees on street rights-of-way and on private property. 6. Identify and encourage preserva tion of trees in excess of 50 years old, whenever possible. 7. Maintain wildlife populations. 8. Monitor air quality at Snelling/Larpenteur Avenues and upgrade the intersection to assure that ambient pollution levels are not substantially increased. 9. Continue to provide solar acce ss protection by ordinance, updating the existing ordinance as needed. 10. Consider solar access protection and the use of vegetation to facilitate summer shading and winter solar gain when reviewing plans for existing development, new development and redevelopment. 11. Provide for open transitional space between new development and existing neighborhoods, to preserve the urban/rural character of the City and to im prove opportunities for active living. 12. Encourage “green building” best practices in new development by providing regula tory incentives to develop in environmentally friendly ways. 13. Support a metropolitan-wide integrated waste management program comprised of waste reduction, resource recovery, recycling and limited landfilling. 14. Continue to promote a curbside recycling program and encourage on-site management and/or recycling of yard wastes. 15. Maintain open space views especially along the south side of Larpenteur Avenue as a means to protect the urban/rural character of the City.