HomeMy WebLinkAbout2014-25 Amending Chapters 10 and 32 }
ORDINANCE NO. 2014-25
AN ORDINANCE AMENDMENT REGARDING
TREE PRESERVATION & SUBDIVISIONS
The City Council Of Edina Ordains:
Section 1. Chapter 10, Article III of the Edina City Code is amended to add Division 3 as follows:
DIVISION III. TREE PROTECTION
Sec. 10-82. Preservation, protection and replacement of Protected Trees: This Division applies
to: demolition permits; subdivisions applications; building permit applications for principal and
accessory structures including a garage, deck or a pool; and additions to principal and accessory
structures.
(1) Purpose: Edina is fortunate to have a robust inventory of mature trees that form an
integral part of the unique character and history of the city, and that contribute to the long-
term aesthetic, environmental, and economic well-being of the city. The goal of this Section
is to preserve Edina's high valued trees, while allowing reasonable development to take
place and not interfere with how existing property owners use their property. The purpose
of the ordinance is to:
a. Preserve and grow Edina's tree canopy cover by protecting mature trees throughout
the city.
b. Protect and enhance property values by conserving and adding to the distinctive and
unique aesthetic character of Edina's tree population.
C. Protect and enhance the distinctive character of Edina's neighborhoods
d. Improve the quality of life for all stakeholders, including city residents, visitors and
wildlife.
e. Protect the environment by the filtering of air and soil pollutants, increasing oxygen
levels and reducing CO2; preventing and reducing erosion and stormwater by
stabilizing soils; reducing heat convection; decreasing wind speeds; reducing noise
pollution and decreasing the urban heat island effect.
f. Protect and maintain healthy trees in the development and building permit processes
as set forth herein; and prevent tree loss by eliminating or reducing compacted fill and
excavation near tree roots.
(2) Definitions:
a. Protected Tree: Any tree that is structurally sound and healthy, and that meets one
of the following:
i. a deciduous tree that is at least 8 inches dbh, except box elders, poplar, willow,
silver maple, black locust, fruit tree species, and mulberry.
ii. a coniferous tree that is at least 20 feet in height.
b. Removable Tree. Any tree not defined as a Protected Tree, and as defined as an
invasive species by the Minnesota Department of Natural Resources.
Ord No. 2014-25
Page 2
C. Critical Root Zone. The minimum area around a tree that is left undisturbed.The
critical root radius is calculated by measuring the tree's diameter at breast height. For
each inch of tree diameter, 1.5 feet of root zone radius must be protected. For
example, if a tree's dbh is 10 inches, then its critical root zone radius is 15 feet (10 x
1.5 = 15). If the critical root zone must be disturbed for construction or construction
activity, a plan for the disturbance shall be submitted subject to review and approval of
the city forester to minimize the damage.
d. Diameter at Breast Height (dbh). The dbh shall be measured at a height of 4.6 feet.
e. Transplanted Tree. A protected tree which is removed from a lot and replanted to
another private lot or a public space in Edina.
(3) Applications must include a tree inventory plan indicating where Protected Trees are
located and, their species, caliper, and health. The plan must show how Protected Trees
are preserved and protected during construction. The plan must also show if any
Protected Trees are proposed to be removed and the location, species and size of all
replacement tree(s).
(4) If a Protected Tree is removed, except as allowed for in paragraph (5), it must be replaced
with one (1) tree, subject to the following conditions:
a. Protected trees must be replaced with species of a similar type (deciduous or
coniferous) that are normally found growing in similar conditions and that are included
on the list of acceptable replacement species on file with the city forester.
b. Replacement trees must be varied by species.
C. Replacement trees must not be subject to known epidemic diseases or infestations.
Disease or infestation resistant species and cultivars are allowed.
d. Replacement trees must be at least two and one-half inches (2.5") in caliper for
deciduous trees and a minimum of seven feet (T) tall for coniferous trees.
e. Replacement tree plans are subject to approval by the City Forester before
implementation.
f. The tree inventory plan shall be verified at the time of final inspection for the building
permit.
g. If the city determines that there is no appropriate location for some or all the
required replacement trees, those trees will not be required on site. The city shall
require the replacement trees on public property if there is no appropriate location
on site.
(5) Protected Trees may be removed without mitigation, in the following areas:
a. Including, and within a ten-foot (10') radius of, the building pad, deck or patio of a new
or remodeled building.
Ord No. 2014-25
Page 3
b. Including, and within a five-foot (5') radius of driveways and parking areas.
C. Including, and within ten-foot (10') radius of installation of public infrastructure
improvements including public roadways, stormwater retention areas and utilities.
(6) Before construction, grading or land clearing begins; city-approved tree protection fencing
or other method must be installed and maintained at the critical root zones of the trees to
be protected. The location of the fencing must be in conformance with the approved tree
preservation plan. The fencing must be inspected by city staff before site work begins. The
fencing must remain in place until all demolition and construction is complete.
(7) No construction, compaction, construction access, stock piling of earth, storage of
equipment or building materials, or grading may occur within the critical root zone areas of
trees to be protected, unless there are no other on-site alternatives. If there are no other
alternatives, a plan for this activity would need to be reviewed and approved by the city
forester. A reasonable effort must be made when trenching utility lines to avoid the critical
root zone.
(8) When construction is complete all trees to remain must have the soil out to their drip line
aerated and de-compacted. Aerating must include multiple concentric circles of I" holes,
2" deep, or as recommended by an arborist.
(9) If Protected Trees were removed within one (1) year prior to the date the development,
subdivision application, demolition and building permit-applications were submitted, these
Protected Trees are also subject to the replacement policy set forth in paragraph (4) above.
(10) Any transplanted tree shall not be counted as a protected tree that is removed
under this section and shall not count as a tree that requires replacement under this
section.
Section 2. Chapter 32. Article M. Evaluation of Plats and Subdivisions is hereby revised as
follows:
Subsection 32-7. (Subdivisions.) Variances are hereby amended as follows:
Sec. 32-7. Variances.
(a) Grant by Council. In connection with the preliminary or final approval of a plat or subdivision
the Council may grant variances from the provisions of this Section. The Council shall grant
variances only upon finding that an unusual hardship exists as to the land within the plat or
subdivision, and specifically that:
(1) That there are special circumstances or conditions affecting the property such that the
strict application of the provisions of this title would deprive the applicant reasonable
use of their land.
(2) That the granting of the variance will not be detrimental to the public health, safety
and welfare or injurious to other property in the territory in which property is
situated.
(3) That the variance is to correct inequities resulting from an extreme physical hardship
including topography, or inadequate access to direct sunlight for solar energy systems.
Ord No. 2014-25
Page 4
A grant of a variance by the Council shall be deemed to include a favorable finding on each of the
variance grounds set out above even if not specifically set out in the approval resolution or the
minutes of the Council meeting.
(b) Conditions. In granting a variance the Council may impose conditions to ensure compliance
with the purpose and objectives of this Section and other applicable provisions of this Code and to
protect adjacent properties. The conditions may be made a part of any Development Contract
required by article IV of this chapter.
Section 3. Chapter 32. Article 111. Evaluation of Plats and Subdivisions is hereby revised as
follows:
Sec. 32-130. Considerations.
(1) Whether the physical characteristics of the property, including, without limitation, topography,
vegetation, susceptibility to erosion or siltation, susceptibility to flooding, use as a natural
recovery and ponding area for storm water, and potential disturbance of slopes with a grade of
18 percent or more, are such that the property is not suitable for the type of development or
use proposed.
(2) Whether development within the proposed plat or subdivision will cause the disturbance of
more than 25 percent of the total area in such plat or subdivision containing slopes exceeding
18 percent.
(3) Comply with Section 10-82.
Section 4. Chapter 36. Article VIII. Districts and District Regulations is hereby revised to add
the following:
Sec. 36-437. Requirements for lot areas and dimensions.
(5) Variances from Section 36-437. When Variances are requested from Section 36-437,
requirements for lot areas and dimensions, the Planning Commission and City Council may
consider the following criteria in addition to Section 36-98:
a. The impact of the proposed plat or subdivision, and proposed development, on the
character and symmetry of the neighborhood as evidenced and indicated by, but not
limited to, the following matters:
i. The suitability of the size and shape of the lots in the proposed plat or subdivision
relative to the size and shape of lots in the neighborhood; and
ii. The compatibility of the size, shape, location and arrangement of the lots in the
proposed plat or subdivision with the proposed density and intended use of the site
and the density and use of lots in the neighborhood.
b. The impact of the proposed plat or subdivision, and proposed development, on the
environment, including but not limited to, topography, steep slopes, vegetation,
naturally occurring lakes, ponds and streams, susceptibility of the site to erosion and
sedimentation, susceptibility of the site to flooding and water storage needs on and
from the site.
Ord No. 2014-25
Page 5
c. The consistency of the proposed plat or subdivision, and proposed development, and
compliance by the proposed plat or subdivision, and the proposed development, with
the policies, objectives, and goals of the Comprehensive Plan.
d. The compliance of the proposed plat or subdivision, and the proposed development
with the policies, objectives, goals and requirements of chapter 36 including, without
limitation, the lot size provisions and the floodplain overlay district provisions of
chapter 36.
e. The impact of the proposed plat or subdivision, and proposed development on the
health, safety and general welfare of the public.
f. The relationship of the design of the site, or the improvements proposed and the
conflict of such design or improvements, with any easements of record or on the
ground.
g. The relationship of lots in the proposed plat or subdivision to existing streets and the
adequacy and safety of ingress to and egress from such lots from and to existing
streets.
h. The adequacy of streets in the proposed plat or subdivision, and the conformity with
existing and planned streets and highways in surrounding areas. Streets in the
proposed plat or subdivision shall be deemed inadequate if designed or located so as
to prevent or deny public street access to adjoining properties, it being the policy of
the City to avoid landlocked tracts, parcels or lots.
i. The suitability of street grades in relation to the grades of lots and existing or future
extension of the City's water, storm and sanitary sewer systems.
j. The adequacy and availability of access by police, fire, ambulance and other life safety
vehicles to all proposed improvements to be developed on the proposed plat or
subdivision.
k. Whether the proposed plat or subdivision, or the improvements proposed to be
placed thereon are likely to cause substantial environmental damage.
Section S. This ordinance is effective July 1, 2015.
First Reading: December 16, 2014
Second Reading: February 17, 2015
Published: March 26, 2015
Attest
Debra A. Mangen, City C erk James B. Hovland, Mayor
Please publish in the Edina Sun Current on Wednesday, March 26, 2015
Bill To Edina City Clerk
Send Two Affidavits Of Publication
AFFIDAVIT OF PUBLICATION City of Edina 10 inches,then its critical root zone work begins. The fencing must re-
(Official Publication) radius is 15 feet(10 x 1.5=15).If the main in place until all demolition and
STATE OF MINNESOTA ) ORDINANCE NO.2014-25 critical root zone must be disturbed construction is complete.
COUNTY OF HENNEPIN ss AN ORDINANCE for construction or construction ac- (n No construction,compaction,
AMENDMENT REGARDING tivity,a plan for the disturbance shall construction access, stock piling
TREE PRESERVATION be submitted subject to review and of earth, storage of equipment or
Charlene Vold being duly sworn on an oath, 8,SUBDIVISIONS approval of the city forester to mini- building materials, or grading may
states or affirms that they are the Authorized The City Council Of Edina Or- mize the damage. occur within the critical root zone
dains: d. Diameter at Breast Height areas of trees to be protected, un-
Agent of the newspaper(s)known as: (dbh).The dbh shall be measured at less there are no other on-site alter-
Section 1.Chapter 10,Article III a height of 4.6 feet, natives.If there are no other altema-
SC Edina to add Division 3 as follows:of the Edina City Code is amended e.Transplanted Tree.A protected tives, a plan for this activity would
DIVISION III.TREE PROTECTION tree which is removed from a lot and need to be reviewed and approved
Sec. 10432. Preservation, pro- replanted to another private lot or a by the city forester.A reasonable ef-
and has full knowledge of the facts stated tection and replacement of Pro- public space in Edina. fort must be made when trenching
below; tected Trees:This Division applies (3) Applications must include a utility lines to avoid the critical root
to:demolition permits;subdivisions tree inventory plan indicating where zone.
(A)The newspaper has complied with all of applications; building permit appli-
Protected Trees are located and, (8) when construction is com-
the requirements constituting ualifica- their species, caliper, and health. plete all trees to remain must have
9 g 9 cations for principal and accessory The plan must show how Protected the soil out to their drip line aerated
tion as a qualified newspaper as provided structures including a garage,deck Trees are preserved and protected and de-compacted. Aerating must
by Minn. Stat. §331A.02,a ended07, and ora pool;and additions to principal during construction.The plan must include multiple concentric circles
other applicable laws as amended. and accessory structures.
PP also show if any Protected Trees are of 1" holes,2"deep, or as recom-
(1)Purpose:Edina is fortunate to
(B)This Public Notice was printed and pub- have a robust inventory of mature proposed to be removed and the mended by an arborist.
lished in said newspaper(s) for 1 succes- trees that form an integral part of location,species and size of all re- (9) If Protected Trees were re-
sive issues; the first insertion being on the unique character and history of placement tree(s). moved within one(1) year prior to
the city, and that contribute to the (4)If a Protected Tree is removed, the date the development, subdi-
03/26/2015 and the last insertion being on long-term aesthetic, environmen-
except as allowed for in paragraph vision application, demolition and
03/26/2015. tal,and economic well-being of the (5),it must he replaced with one(1) building permit applications were
city. The goal of this Section is to tree,subject to the following condi- submitted, these Protected Trees
preserve Edina's high valued trees, tions: are also subject to the replacement
while allowing reasonable develop- a. Protected trees must be re- policy set forth in paragraph (4)
ment to take place and not interfere placed with species of a similar type above.
�� ( with how existing property owners (deciduous or coniferous) that are (10) Any transplanted tree shall
By; CAA—K�tJV� vdz.—� use their property.The purpose of normally found growing in similar not be counted as a protected tree
Authorized Agent the ordinance is to: conditions and that are included on that is removed under this section
a.Preserve and grow Edina's tree the list of acceptable replacement and shall not count as a tree that
canopy cover by protecting mature species on file with the city forester. requires replacement under this
Subscribed and sworn to or affirmed before trees throughout the city.
b. Replacement trees must be section.
me on 03/26/2015. b.Protect and enhance property varied by species. Section 2. Chapter 32. Article
values by conserving and adding to c. Replacement trees must not 111.Evaluation of Plats and Subdi-
the distinctive and unique aesthetic be subject to known epidemic dis- visions is hereby revised as follows:
n character of Edina's tree population. eases or infestations. Disease or Subsection 32-7. (Subdivisions.)
c. Protect and enhance the dis- infestation resistant species and Variances are hereby amended as
1 'l1 tinctive character of Edina's neigh- cultivars are allowed. follows:
Notary Public borhoods d.Replacement trees must be at Sec.32-7. Variances.
d. Improve the quality of life for least two and one-half inches(2.5'1 (a)Grant by Council.In connec-
all stakeholders,including city resi- in caliper for deciduous trees and a tion with the preliminary or final ap-
dents,visitors and wildlife. minimum of seven feet(7') tall for proval of a plat or subdivision the
e.Protect the environment by the coniferous trees. Council may grant variances from
filtering of air and soil pollutants, e. Replacement tree plans are the provisions of this Section. The
subject to approval by the City For- Council shall grant variances only
WY1e��At m' increasing oxygen levels and racing ester before implementation. upon finding that an unusual hard-
,,,,,,..''``��������� ing CO2; preventing and reducing
'y r'LtRrarr+^� erosion and stormwater by stabiliz- f.The tree inventory plan shall be ship exists as to the land within the
�kes.Ma'1,229 ing soils;reducing heat convection; verified at the time of final inspec- plat or subdivision,and specifically
decreasing wind speeds; reducing tion for the building permit. that:
noise pollution and decreasing the g• If the city determines that (1)That there are special circum-
urban heat island effect. there is no appropriate location for stances or conditions affecting the
f. Protect and maintain healthy some or all the required replace- property such that the strict appli-
trees in the development and build- ment trees, those trees will not be cation of the provisions of this title
ing permit processes as set forth required on site. The city shall re- would deprive the applicant reason-
herein; and prevent tree loss by quire the replacement trees on pub- able use of their land.
eliminating or reducing compacted lic property if there is no appropriate (2)That the granting of the vari-
fill and excavation near tree roots. location on site. ance will not be detrimental to the
(2)Definitions: (5) Protected Trees may be re- public health,safety and welfare or
a.Protected Tree:Any tree that is moved without mitigation,in the fol- injurious to other property in the ter-
structurally sound and healthy,and lowing areas: ritory in which property is situated.
that meets one of the following: a. Including, and within a ten- (3) That the variance is to Cor-
i.a deciduous tree that is at least foot(10')radius of,the building pad, rect inequities resulting from an
8 inches dbh, except box elders, deck or patio of a new or remodeled extreme physical hardship including
poplar, willow, silver maple, black building. topography, or inadequate access
locust, fruit tree species, and mul- b. Including, and within a five- to direct sunlight for solar energy
foot (5') radius of driveways and systems.
berry. parking areas. A grant of a variance by the
20 fee
ii.a coniferous tree that is at least c. Including, and within ten-foot Council shall be deemed to include
t in height. (10')radius of installation of public a favorable finding on each of the
b.Removable Tree.Any tree not infrastructure improvements includ- variance grounds set out above
defined as a Protected Tree,and as in ublic roadways, stormwater even if not s
defined as an invasive species by g p y pacifically set out in the
Rate Information: the Minnesota Department of Natu- retention areas and utilities. approval resolution or the minutes(1) Lowest classified rate paid by commercial users ral Resources. (6) Before construction, grad- of the Council meeting.for comparable space: c. Critical Root Zone. The mini- ing or land clearing begins; city- (b)Conditions.In granting a vari-
approved tree protection fencing or ance the Council may impose con-
$34.45 per column inch mum area around a tree that is left
p undisturbed. The critical root ra- other method must be installed and ditions to ensure compliance with
dius is calculated by measuring the maintained at the critical root zones the purpose and objectives of this
tree's diameter at breast height.For of the trees to be protected. The Section and other applicable pro-
each inch of tree diameter, 1.5 feet location of the fencing must be in visions of this Code and to protect
of root zone radius must be protect- conformance with the approved tree adjacent properties. The conditions
ed. For example, if a tree's dbh is preservation plan.The fencing must may be made a part of any Develop-
Ad I D 364598 be inspected by city staff before site ment Contract required by article IV
of this chapter. design or improvements, with any
Section 3.Chapter 32.Article easements of record or on the
111.Evaluation of Plats and Subdi- ground.
visions is hereby revised as follows: g.The relationship of lots in the
Sec.32-130. Considerations. proposed plat or subdivision to
(1) Whether the physical char- existing streets and the adequacy
acteristics of the property, includ- and safety of ingress to and egress
ing, without limitation, topography, from such lots from and to existing
vegetation,susceptibility to erosion streets.
or siltation, susceptibility to flood- h. The adequacy of streets in
ing, use as a natural recovery and the proposed plat or subdivision,
ponding area for storm water, and and the conformity with existing
potential disturbance of slopes with and planned streets and highways
a grade of 18 percent or more,are in surrounding areas.Streets in the
such that the property is not suit- proposed plat or subdivision shall
able for the type of development or be deemed inadequate if designed
use proposed, or located so as to prevent or deny
(2) Whether development within public street access to adjoining
the proposed plat or subdivision properties,it being the policy of the
will cause the disturbance of more City to avoid landlocked tracts,par-
than 25 percent of the total area in cels or lots.
such plat or subdivision containing i.The suitability of street grades
slopes exceeding 18 percent. in relation to the grades of lots and
(3)Comply with Section 10-82. existing or future extension of the
Section 4. Chapter 36.Article City's water, stone and sanitary
VIII.Districts and District Regula- sewer systems.
tions is hereby revised to add the j. The adequacy and availability
following: of access by police,fire,ambulance
Sec.36-437.Requirements for and other life safety vehicles to all
lot areas and dimensions. proposed improvements to be de-
(5) Variances from Section 36- veloped on the proposed plat or
437.When Variances are requested subdivision.
from Section 36-437, requirements k.Whether the proposed plat or
for lot areas and dimensions, the subdivision, or the improvements
Planning Commission and City proposed to be placed thereon are
Council may consider the following likely to cause substantial environ-
criteria in addition to Section 36-98: mental damage.
a. The impact of the proposed Section 5.This ordinance is ef-
plat or subdivision, and proposed fective July 1,2015.
development,on the character and First Reading: December 16,
symmetry of the neighborhood as 2014
evidenced and indicated by,but not Second Reading: February 17,
limited to,the following matters: 2015
L The suitability of the size and Published:March 26,2015
shape of the lots in the proposed Attest
plat or subdivision relative to the Debra A.Mangan,City Clerk
size and shape of lots in the neigh- James B.Hovland,Mayor
borhood;and 3/26/15,3SC1,
ii. The compatibility of the size, Ordinance 2014-25 Trees,364598
shape,location and arrangement of
the lots in the proposed plat or sub-
division with the proposed density
and intended use of the site and the
density and use of lots in the neigh-
borhood.
b. The impact of the proposed
plat or subdivision, and proposed
development, on the environment,
including but not limited to,topog-
raphy, steep slopes, vegetation,
naturally occurring lakes, ponds
and streams, susceptibility of the
site to erosion and sedimentation,
susceptibility of the site to flooding
and water storage needs on and
from the site.
c. The consistency of the pro-
posed plat or subdivision, and
proposed development, and com-
pliance by the proposed plat or sub-
division,and the proposed develop-
ment, with the policies, objectives,
and goals of the Comprehensive
Plan.
d. The compliance of the pro-
posed plat or subdivision, and the
proposed development with the
policies, objectives, goals and re-
quirements of chapter 36 including,
without limitation,the lot size provi-
sions and the floodplain overlay dis-
trict provisions of chapter 36.
e. The impact of the proposed
plat or subdivision, and proposed
development on the health, safety
and general welfare of the public.
f.The relationship of the design
of the site, or the improvements
proposed and the conflict of such