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HomeMy WebLinkAbout#19 - Tree Preservation Ordinance STAFF REPORT DATE: August 8, 2018 REGULAR ITEM #: 17 MOTION TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Environmental Performance Standards – Ordinance Amendment REVIEWED BY: Emily Becker, Planning Director BACKGROUND: Chapter 154.250 addresses the City’s expectations for environmental performance. This chapter essentially has two sections which lays out standards for tree preservation/replacement and landscaping requirements. The tree preservation plan applies to developments within any zoning district except single family residential lots or clearing or cutting of trees for purposes of forestry operations. It also applies to any grading or excavation projects resulting in the movement of greater than 400 cubic yards of material per acre. Planning staff has been applying these standards to new growth and development throughout the City. After working through some of the newer developments and gaining feedback from the City’s new landscape architect, staff has noticed portions of the code should be updated for clarification. Therefore, Staff is proposing some amendments to tree preservation/replacement requirements and landscaping requirements. Additionally, it was communicated by Council that the City’s parking lot screening requirements were over burdensome and should be reanalyzed. ISSUE BEFORE COUNCIL: Should Council adopt an ordinance amending tree preservation, landscaping standards and screening as it relates to parking lots? PROPOSAL DETAILS/ANALYSIS: Tree Preservation - Language has been added to the definition of significant trees and specimen trees. - Mitigation plan: trees must be planted in appropriate areas within the development - Tree Replacement Calculation: the section was summarized to improve clarification within subsection b. - Exceptions: exceptions may be requested through the variance process. Subsection 2 gives council the guidelines for acceptable types of mitigation. Payment, woodland management practice, or planting trees on City property. - Penalty: When significant trees are removed from a site that was not noted on the plans it will result in a one-to-one replacement penalty regardless if it is over the 30% allowance. Comparison to Other Cities. The following outlines “tree preservation” practices of other cities. Forest Lake – Different zoning districts have different allowable percentages of removal. They also offer a type of replacement similar to our proposal but smaller in size. The applicant shall be responsible for furnishing and installing 1 Category A tree, 2 Category B replacement trees, or 4 Category C replacement trees for every 125 square feet of significant woodland damaged or destroyed, or any increment thereof. (Their categories are further defined in the code). They may also pay a fee in lieu of physical replacement. Their percentage of allowed removal is determined by the district. For example rural residential is 30% but “urban” districts are 50%. Mahtomedi - In heavily wooded areas, tree replacement shall be at a rate of one tree replaced for each 3 significant trees lost. In areas which are not heavily wooded a replacement rate of one-to- one shall be used. Significant trees are defined as coniferous trees six feet or more in height, and deciduous trees are defined as trees eight inches or more in diameter. Stillwater - For private lot development, there is a one-to-one replacement standard for all significant trees removed over 35%. They also allow a fee to be paid when tree replacement is not feasible. Trees removed for utilities and easements are replaced on a standard of 10 per acre. Significant tree means a tree measuring at least six inches in diameter at 54 inches above the base. Woodbury – Woodbury allows for three options for tree replacement. There are multiple factors that require tree replacement, but diameter inches over 30% must be replaced. The applicant may replace the trees within the development per the replacement schedule, plant replacement trees on City property (under direction of parks director), or pay the City a fee based on diameter inches required for replacement. Common Trees are replaced at a rate of 1/8th diameter inches removed. Coniferous/Evergreen are replaced at a rate of 1/4th diameter inches removed. Hardwood Trees are replaced at a rate of ½ the diameter inches removed. Significant trees are defined by the same standard as Lake Elmo. Essentially Lake Elmo’s code is almost the same as Woodbury’s with a few exceptions. Landscaping around parking lots After reviewing a proposed parking lots within the City, concern has been raised relating to the screening requirements of parking lots. The main point of concern was that the screening would inhibit pedestrian and vehicle views, potentially raising safety issues. Similar language relating to screening requirements is also found in the Lake Elmo Design Guidelines and Standards Manual. It is important to keep in mind that the removal of this language would apply to any area within the City. Varying screening requirements are commonly seen in other City ordinances. Forest Lake: For parking lots adjacent the public realm, one shade tree planted evenly at 15 to 20 feet, screening consisting of or combination of decorative fence/wall or landscape berm. For non-public realm, a high quality privacy fencing with landscaped screening shall be installed between parking lots and residential uses. Mahtomedi: Requires plantings, berms, or fencing no less than 3 feet in height. Parking lots may be screened with a fence or wall between four to six feet in height. Stillwater: Landscaping shall be provided in new parking lot construction and reconstruction when abutting property located in residential districts shall be separated from such property by a wall, planter or a view-obscuring fence; or a raised landscaped mound of earth, sand stones or the like; or by a permanently maintained compact evergreen hedge; or a combination of any of the preceding treatments. Mounds View: All open, nonresidential, off-street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with subdivision 1103.08(6) of this Title. (1988 Code §40.07). Chaska: Off-street open parking areas containing six (6) or more spaces, and all loading facilities shall be screened from public streets which … Height of screening shall be at least four (4) feet but no more than six (6) feet above level of parking lot, and shall be ten (10) feet above the loading facility. Minimum opacity shall be 75 percent year round. Lake Elmo Zoning Code A. Perimeter Parking Lot Landscaping. Parking areas shall be screened from public streets and sidewalks, public open space, and adjacent residential properties. The perimeter of parking areas shall be screened as follows: 1. A landscaped frontage strip at least five (5) feet wide shall be provided between parking areas and public streets, sidewalks, or paths. If a parking area contains over one hundred (100) spaces, the frontage strip shall be increased to eight (8) feet in width. a. Within the frontage strip, screening shall consist of either a masonry wall, fence, berm, or hedge or combination that forms a screen a minimum of three and one-half (3.5) and a maximum of four (4) feet in height, and not less than fifty percent (50%) opaque on a year-round basis. b. Trees shall be planted at a minimum of one deciduous tree per fifty (50) linear feet within the frontage strip. Design Standards Manual If the City opts to remove the above language, the following language should also be removed from Lake Elmo Design Guidelines and Standards Manual. Commercial/Business Park f. Parking areas should be screened from view of public streets by means of grading and/or landscaping. g. Parking areas should be screened from adjacent structures with landscaping strips not exceeding 4 feet in height in order to ensure pedestrian safety. Village Mixed Use f. Surface parking areas should be screened from view of public streets by means of grading and/or landscaping. FISCAL IMPACT: The City is not expected to be impacted financially. STAFF RECOMMENDATIONS: Tree Preservation: Staff as well as the planning commission are recommending approval of the amendments to the environmental performance section of City code. There were amendments to the ordinance presented to the commission. However, staff does not feel they were impactful enough to specifically point out. Perimeter Parking lot screening: Staff as well as the planning commission does not recommend complete removal of screening requirements for the front strip of parking lots. However, if Council feels they are still burdensome staff would support relaxing the requirements. “Move to adopt ordinance 08-220 amending landscaping, tree preservation and replacement standards” And ”Motion to adopt Resolution 2018-092 authorizing summary publication of Ordinance 08- 220” ATTACHMENTS: Ordinance 08-220 Resolution 2018-092 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2018-092 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-220 WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-210, an ordinance amending the City’s Environmental Performance chapter; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-220 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-220, which amends language within the City’s Environmental Performance chapter as it relates to tree preservation and landscape requirements. The amended language was intended to clarify the expectations of the code. The following is a summary of the amendments. - Box elder and Cottonwood trees will no longer be considered as a common tree. - The definition for Nuisance Trees now included noxious/invasive trees such as Buck Thorn, Box elder and Cottonwood trees. - Planting of replacement trees will only be allowed on the parcel associated with the development, unless an exception was determined through variance approval. - A penalty has been established when a significant tree is removed which was not noted on the landscape plan. The penalty shall be a direct one to one replacement. - If plantings cannot be met on site, the variance process may allow payment of park dedication funds, plantings on City property, or woodland management practices. - A definition for ornamental trees has been added and may now count towards planting calculations. The full text of Ordinance No. 08-220 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: August 8, 2018 ___________________________________ Mayor Mike Pearson ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member _____________________ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-___ AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY ADDING ADDITIONAL STANDARDS FOR LANDSCAPING STANDARDS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article VIII Environmental Performance; Section 154.257 by amending the following: § 154.257 TREE PRESERVATION. A. Purpose. Within the City of Lake Elmo, trees and woodlands are considered a valuable asset to the community. The City places a priority on protecting this asset and finds that it is in the best interest to regulate the development and alteration of wooded areas within the community. All builders, developers and subdividers shall comply with all the provisions in the Zoning Code which address the preservation of existing significant trees. All builders, developers and subdividers are encouraged to preserve all healthy trees of significant value even if the trees do not meet the size requirements to be considered significant trees. B. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Common Tree. Includes Ash, Aspen, Basswood, Box Elder, Catalpa, Cottonwood, Elm, Hackberry, Locust, Poplar, Silver Maple, Willow and any other tree not defined as a hardwood deciduous tree or a coniferous/evergreen tree. Coniferous/Evergreen Tree. A wood plant, which, at maturity, is at least twelve (12) feet or more in height, having foliage on the outermost portion of the branches year-round. Tamaracks are included as a coniferous tree species. Critical Root Zone (CRZ). 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-inch diameter has a critical root zone with a radius of twenty (20) feet. Deciduous Hardwood Tree. Includes Birch, Cherry, Hickory, Ironwood, Hard Maples, Oak and Walnut. Diameter Breast Height (DBH). The diameter of trees at breast height, measured 4 ½ feet (54 inches) 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. 2 Nuisance Tree. (1) Any living or standing tree or part thereof infected to any degree with a shade tree disease (See Shade Tree Disease Below) 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; and (3) Any standing dead trees or limbs which may threaten human health or property. Also included, are noxious or invasive trees such as buckthorn, boxelder, and cottonwood. Ornamental Tree. A small tree, usually less than thirty (30) feet at maturity, often planted for ornamental characteristics such as flowers or attractive bark. Shade Tree Disease. Dutch elm disease (Ophiostoma ulmi or Ophiostoma novo-ulmi), oak wilt (Ceratocystis fagacearum) or any other tree disease of epidemic nature. Significant Tree. A healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, 19 ft. in height or eight (8) inches in diameter for coniferous/evergreen trees, or twelve (12) inches in diameter for common trees, as defined herein. Specimen Tree. A healthy, deciduous hardwood tree measuring equal to or greater than thirty (30) inches in diameter breast height or a healthy coniferous/evergreen tree measuring equal to or greater than twenty-five (25) feet in height. Tree Preservation Plan. A plan prepared by a certified landscape architect or forester indicating all of the significant trees in the proposed development or parcel. The Tree Preservation Plan includes a tree inventory which includes the size, species, and location of all significant trees proposed to be saved and removed on the area of development, and the measures proposed to protect the significant trees to be saved. Woodland Evaluation Report. A report prepared by a certified landscape architect, forester, or land surveyor indicating the general location, condition, and species of significant trees on a parcel planned for future development or grading activity. The report must demonstrate that there will be no impact to existing significant trees as part of the development or grading activity. Finally, the report must include the measures proposed to protect significant trees on the site. C. Tree Preservation Standards for Developing Properties 1. Applicability. a. A Tree Preservation Plan, or suitable alternatives as determined by the City, shall be submitted and approved for the following activities: i. New Development in Any Zoning District. A Tree Preservation Plan shall be required as part of any development or subdivision application. ii. Any grading or excavation project that result in the movement of greater than 400 cubic yards of material per acre of site per §151.017. iii. If the applicant is able to demonstrate that the proposed development or major grading activity includes no impact to the significant trees on the site, then the applicant may be exempt from the requirement to submit a Tree Preservation Plan. It is the responsibility of the applicant 3 to demonstrate that there are no impacts to significant trees through a Woodland Evaluation Report or some other form of tree survey or study. b. A Tree Preservation Plan is not required for the following activities: i. This section does not apply to the issuance of a development approval for a single-family residence on an existing platted lot of record. ii. This section does not apply to the harvesting of trees. For purposes of this section, “harvesting” means cutting or clearing trees for purposes relating to forestry operations, as defined in §154.012. “Harvesting” does not include the clearing of land for purposes of development, even where the trees are sold for purposes of creating lumber for related purposes. 2. Tree Preservation Plan. All applicants shall submit a tree preservation plan prepared by a certified forester or landscape architect in accordance with the provisions of this section. During the review of an application for a building permit, grading permit or Preliminary Plat, the tree preservation plan will be reviewed according to the best layout to preserve significant trees and the efforts of the subdivider to mitigate damage to significant trees. 3. Tree Preservation Plan Requirements. The Tree Preservation Plan shall be a separate plan sheet(s) that includes the following information: a. The name(s), certification(s), telephone number(s) and address(es) of the person(s) responsible for tree preservation during the course of the development project. b. Tree Inventory. The Tree Preservation Plan must include a Tree Inventory through one of the following methods: i. Tree Inventory Individual. An individual inventory including an identification system linked to metal field tags located four and one- half (4.5) feet from grade on all significant trees must be identified on a plan sheet in both graphic and tabular form. ii. Tree Inventory Sampling. In cases of sites with large tracts of significant trees, the City may approve the use of a sampling inventory for all or portions of a site as an alternative to an individual inventory. The sampling inventory must include the methodology for sampling, identification ribbon around the perimeter of the sampling areas, and metal field tags located four and one-half (4.5) feet from grade on all significant trees in the sampling area. Within the sampling area, the quantity, size, species, health and location of all significant trees must be identified on a plan sheet in both graphic and tabular form. Based on sampling, total estimates and locations of healthy significant trees shall be provided. iii. Tree Inventory Combination. With the approval of the City, sites that include both large tracts of significant trees and areas of individual 4 significant trees may utilize a combination of the individual and sampling inventory methods. c. 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 tree 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. d. A listing of healthy significant trees inventoried in subsection (b) above. Dead, diseased or dying trees do not need to be included in the totals. e. A listing of the healthy significant trees removed, identified by the metal field tag or some other form of identification used in the tree inventory in subsection (b) above. f. A listing of the healthy significant trees to remain, identified by the metal field tag or some other form of identification used in the tree inventory in subsection (b) above. g. Outer boundary of all contiguous wooded areas, with a general description of trees not meeting the significant tree size threshold. h. Locations of the proposed buildings, structures, or impervious surfaces. i. Delineation of all areas to be graded and limits of land disturbance. j. Identification of all significant trees proposed to be removed within the construction area. These significant trees should be identified in both graphic and tabular form. k. Measures to protect significant trees. and City standard tree protection detail. l. Size, species, number and location of all replacement trees proposed to be planted on the property in accordance with the Mitigation Plan, if necessary. m. Signature of the person(s) preparing the plan. 4. Implementation. All sites shall be staked, as depicted in the approved Tree Preservation Plan, and the required tree protection fencing shall be installed around the critical root zone 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. The City has the right to inspect the site at any time for compliance with the plan. 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. 5. 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 5 total significant tree diameter inches. The following types of trees do not need to be included as part of the tally of tree removals: a. Dead, diseased, or dying trees; b. Trees that are transplanted from the site to another appropriate area within the city; c. Trees that were planted as part of a commercial business, such as a tree farm or nursery; or d. Trees that were planted by the current property owner. In making such a determination, the City shall consider consistency of the age of the trees, any patterns in the location of trees, historical aerial photography and evidence of intentional planting such as invoices, formal planting plans or cost sharing agreements. 6. Mitigation Plan. a. In any development or grading project where the allowable tree removal is exceeded, the applicant shall mitigate the tree loss by either: by planting replacement trees in appropriate areas within the development in accordance with the Tree Replacement Schedule. i. Planting replacement trees in appropriate areas within the development in accordance with the Tree Replacement Schedule; ii. Planting replacement trees on City property under the direction of the Public Works Superintendent; or iii. Some combination of above subsections (i) and (ii) to total the equivalent number of replacement trees to meet the Mitigation Plan. b. The form of mitigation to be provided by the applicant shall be determined by the City. c. The planting of trees for mitigation on residential projects shall be in addition to any other landscape requirements of the City. d. All trees, with the exception of ornamental trees, planted as landscaping on commercial or mixed-use projects may be counted towards tree replacement requirements. 7. Tree Replacement Calculations. Thirty (30) percent of the total diameter inches of significant trees on the site may be removed without replacement. Any percentage over 30 shall be replaced. 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 replacement requirements: a. Tally the total number of diameter inches of all significant trees on the site. b. 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. A calculation must be provided which 6 breaks out the number of inches removed for hardwood, evergreen/deciduous, and common trees. The 30% removal figure applies to each category individually and trees are replaced according to the Tree Replacement Schedule in subsection 8. c. Tally the total diameter inches of common trees that will be removed and subtract this number from the allowable tree removal limit. d. If there are any allowable inches left, tally the total diameter inches of conifer/evergreen tree species that will be removed and subtract this number from the remaining allowable inches. e. If there are any allowable inches left, tally the total diameter inches of hardwood deciduous tree species that will be removed and subtract this number from the remaining allowable inches. f. If at any point in the above calculation procedure (a-e) 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 subsection 8. 8. Tree Replacement Schedule. Tree removals over the allowable tree removal limit on the parcel shall be replaced according to the following schedule: a. Common tree species shall be replaced with new trees at a rate of one- fourth (1/4) the diameter inches removed. b. Coniferous/evergreen tree species shall be replaced with new coniferous or evergreen trees at a rate of one-half (1/2) the diameter inches removed. Since coniferous species are often sold by height rather than diameter inch, the following conversion formula can be used: i. Height of Replacement Coniferous Tree/2 = Diameter Inches of Credit c. Hardwood deciduous tree species shall be replaced with new hardwood deciduous trees at a rate of (1/2) the diameter inches removed. d. Replacement Tree Size. Replacement trees must be a minimum of one (1) inch in diameter. 9. 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 of the replacement trees shall be of the same species of tree. Native species are encouraged, and hardiness and salt tolerance should be considered where applicable. 10. 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 (2) years after the date of project closure shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirement within eight (8) months of removal. 7 11. Protective Measures. The Tree Preservation Plan shall identify and require the following measures to be utilized to protect significant trees planned for preservation: a. 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 in area. b. 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. c. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. d. Removal of any nuisance trees located in areas to be preserved. 12. Compliance with the Tree Preservation Plan. The applicant shall implement the Tree Preservation Plan prior to and during any construction. The tree protection measures shall remain in place until all land disturbance and construction activity is terminated or until a request to remove the tree protection measures is made to, and approved by, the City. a. No significant trees shall be removed until a tree preservation plan is approved and except in accordance with the approved Tree Preservation Plan. b. The City shall have the right to inspect the development and/or building site in order to determine compliance with the approved Tree Preservation Plan. The City shall determine whether the Tree Preservation Plan has been met. c. Irreparable Damage. Where the City determines that irreparable damage has occurred to a healthy significant tree that is designated to be preserved as part of the Tree Preservation Plan, the tree shall be removed and replaced, and protective fencing shall be provided. c.d. Instances where (a) significant tree(s) is (are) removed due to development or disturbed, which was not noted on the landscaping or tree removal plan will result in a one to one replacement penalty regardless if it is over the 30% allowance. D. Specimen Trees. The removal of any specimen trees on a property located in any of the urban zoning districts shall require a special permit and be subject to the Tree Replacement Schedule for the purpose of mitigating great tree loss. E.D. Financial Security. In cases where mitigation or tree replacement is required, the City may require that a financial security, in a form acceptable to the City, be provided as part of a development agreement or applicable permit to ensure compliance and performance of the Mitigation Plan. The financial security will be released to the applicant upon verification by the City that the Mitigation Plan was followed, and that all replacement trees are planted and in a reasonable state of health. The financial security 8 may be used to replace any replacement trees that have become damaged or diseased after planting. F.E. Exceptions 1. Exception Standards. Notwithstanding the City’s desire to accomplish tree preservation and protection goals, there may be instances where these goals are in conflict with other City objectives. These conflicts will most likely occur on small, heavily-wooded parcels. At the discretion of the City Council Developers may ask for exceptions Tthrough the variance process as indicated in 154.109, . eExceptions may be granted if all of the following conditions exist: a. It is not feasible to combine the subject parcel with adjacent parcels that could use the parcel as required green space; b. The subject parcel is five (5) acres in size or less; c. Strict adherence to the Tree Preservation Ordinance would prevent reasonable development that is consistent with the Comprehensive Plan and desirable to the City on the parcel; and d. The exception requested is the minimum needed to accomplish the desired development. 2. Reduced Mitigation for Exceptions. 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 determine which form of relief best balances the objectives of the City and tree preservation. The Council may require payment of park dedication fees; woodland management practices; or planting of replacement trees on City property under direction of the Public Works Director as a condition of variance approval. (Ord. 08-077, passed 5-07-2013) SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article VIII; Environmental Performance Standards; Section 154.258 Landscape Requirements by amending the following: § 154.258 LANDSCAPE REQUIREMENTS. All development sites shall be landscaped as provided in this section in order to control erosion and runoff, moderate extremes of temperature and provide shade, aid in energy conservation, preserve habitat, provide visual softening of, especially, urban development, and generally enhance the quality of the physical environment within the city. A. Landscape Plan Required. A landscaping plan is required for all new commercial, industrial, institutional, and multi-family development, all planned unit developments, 9 and all subdivisions, with the exception of minor subdivisions, as defined in Chapter 154. The landscape plan shall be prepared by a certified landscape architect and include the following: 1. The location, size, quantity, and species of all existing and proposed plant materials. 2. Methods for protecting existing trees and other landscape material, consistent with §154.257. 3. Structural and ground cover materials. 4. Provisions for irrigation and other water supplies. 5. Details and cross sections of all required screening. 6. Special planting instructions. 7. City standard plan notes and drawings. 6.8.Utilities and driveways shall also be clearly shown on the plans. B. Design Considerations. The following design concepts and requirements shall be considered when developing a landscape plan. 1. To the maximum extent possible, the landscape plan shall incorporate existing trees and other vegetation on the site. 2. Landscaped areas should be of adequate size to allow proper plant growth, protect plantings from vehicular and pedestrian traffic, and provide adequate areas for plant maintenance. 3. A variety of trees and shrubs should be used to provide visual interest year round. No more than fifty percent (50%) of the required number of trees and shrubs may consist of any one species. A minimum of twenty-five percent (25%) of the required number of trees shall be deciduous shade trees, and a minimum of twenty-five percent (25%) shall be coniferous trees. Ornamental trees may be used when applied towards landscaping requirements. However, the number of trees shall not exceed 15% of the required amount. 4. Final slopes greater than 3:1 will not be permitted without special treatment such as terracing, retaining walls, or special ground covers. 5. All plant materials, except trees planted per the Tree Replacement Schedule, shall meet the following minimum size standards in Table 6-1. Trees planted per the Tree Replacement Schedule shall meet the minimum requirements outlined in Section 154.257 (C) (8) (d.). 10 Table 6-1. Minimum Size Standards for Landscape Materials Plant Type Minimum size at planting Trees: Evergreen 6 feet in height Deciduous – shade 2.5 inches caliper, measured 6 inches from base Deciduous - ornamental 2 inches caliper, measured 6 inches from base Shrubs: Evergreen # 5 container* Deciduous # 5 container* Shrubs used for screening (evergreen or deciduous) # 5 container* * Approximately 5 gallons. See American Standards for Nursery Stock, ANSI 260.1-2004 for exact specifications. * This table and its requirements do not apply to the tree replacement schedule 6. As an alternative to the minimum standards for landscape materials, a landscape plan prepared by a qualified professional certifying that said plan will meet the intent of this Section may be submitted. 6.7. As a general rule, trees should be planted ten feet away from all utilities including water and sewer stubs, unless approved by the City’s Landscape Architect. C. Landscaping of Setback Areas. All required setbacks not occupied by buildings, parking, paths or plazas shall be landscaped with turf grass, native grass, trees, shrubs, vines, perennial flowering plants, and surrounding pervious ground cover. 1. A minimum of one (1) tree shall be planted for every fifty (50) feet of street frontage, lake shore or stream frontage, or fraction thereof. a. Trees adjacent to streets shall be planted within the front yard and may be arranged in a cluster or placed at regular intervals to best complement existing landscape design patterns in the area. b. Salt tolerance and root structure should be considered when selecting tree species adjacent to streets, sidewalks and parking areas. c. Where property abuts a lake or stream, trees shall be planted at intervals of no more than fifty (50) feet along the shoreline, except where natural vegetation is sufficient to meet this requirement. 2. In addition to the requirements of C.1 above, a minimum of five (5) trees shall be planted for every one (1) acre of land that is developed or disturbed by development activity. Such trees may be used for parking lot landscaping or screening as specified in subsections D and E below. 11 D. Interior Parking Lot Landscaping. The purpose of interior parking lot landscaping is to minimize the expansive appearance of parking lots and provide shaded parking areas. Landscaping shall consist of planting islands, medians and borders, comprising the required planting area specified under item (1) below. 1. At least five (5) percent of the interior area of parking lots with more than thirty (30) spaces shall be devoted to landscape planting areas. Areas may consist of islands or corner planting beds. 2. Shade trees shall be provided within the interior of parking lots (in islands or corner planting beds) in accordance with the following table: Table 6-2. Minimum Required Tree Planting for Parking Lots Number of Parking Spaces Minimum Required Tree Planting 0 – 30 None required 31 - 100 1 tree per 10 spaces or fraction thereof 101+ 1 tree per 15 spaces or fraction thereof E. Perimeter Parking Lot Landscaping. Parking areas shall be screened from public streets and sidewalks, public open space, and adjacent residential properties. The perimeter of parking areas shall be screened as follows: 1. A landscaped frontage strip at least five (5) feet wide shall be provided between parking areas and public streets, sidewalks, or paths. If a parking area contains over one hundred (100) spaces, the frontage strip shall be increased to eight (8) feet in width. a. Within the frontage strip, screening shall consist of either a masonry wall, fence, berm, or hedge or combination that forms a screen a minimum of three and one-half (3.5) and a maximum of four (4) feet in height, and not less than fifty percent (50%) opaque on a year-round basis. b. Trees shall be planted at a minimum of one deciduous tree per fifty (50) linear feet within the frontage strip. 2. Alongside and rear property lines abutting residential properties or districts, screening shall be provided, consisting of either a masonry wall, fence or berm in combination with landscape material that forms a screen a minimum of four (4) feet in height, a maximum of six (6) feet in height, and not less than ninety percent (90%) opaque on a year-round basis. Landscape material shall include trees, planted at a minimum of one deciduous or coniferous tree per forty (40) linear feet along the property line. F. Screening. Screening shall be used to provide visual and noise separation of intensive uses from less intensive uses. Where screening is required in the City Code between uses or districts, it shall consist of either a masonry wall or fence in combination with landscape material that forms a screen at least six (6) feet in height, and not less than ninety percent (90%) opaque on a year-round basis. Landscape material shall include trees, planted at a minimum of one deciduous or coniferous tree per forty (40) linear feet 12 along the property line. Additional landscape material such as shade trees or trellises may be required to partially screen views from above. G. Maintenance and Installation of Materials. Installation and maintenance of all landscape materials shall comply with the following standards: 1. All landscape materials shall be installed to current industry standards. 2. Irrigation or other water supply adequate to support the specified plant materials shall be provided. 3. All required landscaping and screening features shall be kept free of refuse and debris. 4. All landscape materials shall be guaranteed for two (2) years. Any landscape material that dies or becomes diseased before the end of the second (2nd) year after installation shall be replaced by the developer. 5. Continuing maintenance and replacement of landscape materials shall be the responsibility of the property owner beyond two years of initial installation. H. Financial Security. The City will require that a financial security, in a form acceptable to the City, be provided as part of a development agreement or applicable permit to ensure compliance and performance of the Landscape Plan. The financial security will be released to the applicant upon verification by the City that the Landscape Plan was followed, and that all landscape materials are planted and in a reasonable state of health. The financial security may be used to replace any landscape materials that have become damaged or diseased after planting. Adequate security must be retained to ensure performance for at least two years after the installations have been completed. (Ord. 08-087, passed 8-20-2013 SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 08-___ was adopted on this ______ day of ___ 2018, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor ATTEST: _________________________________ 13 Julie Johnson, City Clerk This Ordinance 08-____ was published on the ____ day of ___________________, 2018.