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HomeMy WebLinkAbout2009-01-27_STUDY SESSIONName: Address: Topic: Name: j-( Address: Topic: 5 n Name: Address: 0 Z vte,w Avg S Name: Address: Topic: ''--'- ' - '------- ' ' 7mn�c: cot4 Name: Address: S?o I w (09tk� Name: Address Topic: 5y0 y t? &7V Mo0 Name: Address: Topic: r Name: Address: GzG 4 -- prehensive Plan We want to hear from you! Please share your comments or ideas for Edina's future by filling in the lines below and returning this postcard. You can also share your ideas by sending an e- maiTtc edinamail@ci.edina.mn.us. Jane Fuegngger Edina, a, MN955424 J `y> USA 26 City of Edina Planning Department ck 4801 W. 50th St. Edina, MN 55424 Name: Address Topic: 0/lrl/ Zffre,07ne/ 1�emexj- OF C� nlloedt 7� Name: r/S /)O 4,116, / Address: S-�U 7 k/-P5 7 -' (-6 /' ropic .�.�r NISI/ 14,qC1ayj(jf P(511� Name: Address: Topic: S -5'Y a 105--c�--77!�� Name: Address: 4c t (D -T y�o`' Topic S Name: LCD Address: q !; 7 � 9%z0 L-� Topic: -t SAN SP45;L-k. X1—.`7 /`'1') jkA-.l-J17 - 's 'w Re: Improvement #BA 313 (West 701h Street and Metro Blvd). This road reconstruction project has been approved for reconstruction twice in the last ten years. The deteriorated roadbed has met all criteria by the city for reconstruction. A deteriorated roadbed amplifies auto and truck noise for the residents and sends vibrations through homes. Why has this project fallen through the potholes instead of being brought to a smooth conclusion? It appears that the reconstruction has now been back loaded into the 2009 Mill & Overlay schedule. This is an expensive band -aid approach that does not solve the underlying problem. Did the city design express a want instead of a need? Jan Ferrell 4704 West 70th Street -�-,� Es : City of Brooklyn Park Planning Commission Minutes APPROVED MINUTES Regular Meeting — June 26, 2002 Page 9 Anderson asked if the applicant would rather send the development to Council. Mr. Vesison ( ?) stated that he would rather have the blessing of the Commission explaining that it is a very expensive process. Agnes stated that he doesn't believe the City Council would approve this project as it is presented either. Olson agreed stating the Commission made the recommendations that they feel are necessary to making the project better overall. Mr. Vesison ( ?) noted that this is the opinion of the Commission and would advise them to be careful of how they redesign a project. Blin stated that the issue could be continued to the July 10th meeting and that Staff would meet with the developers to discuss the issues. C. "Evergreen Trail," Preliminary Plat #02 -127 for subdivision of 2439 acres north of 100 Avenue between Regent and Zane Avenues. Applicant: Insignia Development, LLC Larson summarized the Staff Report. The hearing was opened for public comment. Mr. Rob Plagemann, Insignia representative, introduced the team members. Mr. Jeff Schoenwetter noted recent successful developments in other areas including Plymouth, St. Michael and Edina. He explained that this is a thoughtfully designed neighborhood to create blending in with Brooklyn Park, incorporating the needs of the City. He agreed with the Staff Report, and noted the stone monument entrance signs. He also stated that as many trees as possible would be preserved. He added that there would-be a pond on the site and that the trail would connect with the three river parks. He stated that the development is single- family residents, which compliment the existing neighborhood integrity. He explained that the homes would cater to the move up, young family buyer. He presented views of the two -story homes, which include a lot of stone and natural materials. He noted the setting back of one of the garages, the covered porches and the variety of style of homes that would be starting at 2000 square feet going up to 3000 square feet. He stated that the homes would be priced from $300, 000. Mr. Elmer Rosendving appeared before the Commission and stated that he was one of the families that are staying in their home. He noted that he was surprise to read that his home would be remodeled to conform to the homes in the development, and that he didn't feel like he should have to be included in the association or pay any dues. Larson explained that Mr. Seabold( ?) stated that he was working with the homeowners on putting up new siding and windows to blend in as part of the purchasing the property. The homes would hook up to sewer, ,e. and Zane Ave., Brooklyn Park, MN - Google Maps liV: / /maps.google.com /maps ?hl=en&tab=wl /W w Address Go(-) 49le Maps 101st Ave. and Zane Ave., Brooklyn Park, MN - Google Maps hap: // map`s .google.com /maps ?hl= en&tab =wl Address t` V er l`'_C =1'i. �4`✓ j `rf d/G'V Gy '� z' ) Vt 1 eV�� o �- CIYI .. N1 n# m rObrd AwN `�.', m 7GY boaP `t 10i IAveN - lulstAvL f. Amex 0 rnR p� PG�d ►Y1 x .�A a 0 9 r 0 o �V)ew Ave2 r=lailhol o:c:-v�c Ymn evA Y. I k % xx ym i "'Rile to ORDINANCE NO. 2008 -24 �npd a , �s AN ORDINANCE AMENDING CITY CODE §300.28, SUBD.19 oe REGARDING TREE PROTECTION The City of Minnetonka Ordains: Section 1. Existing city code §300.28, subd. 19, a copy of which is attached as Exhibit A, is repealed, and a new city code §300.28, subd. 19 is adopted to read as follows: 19. Tree Protection. a) Purgose. The goal of this subdivision is to preserve as much as practical Minnetonka's highly valued tree natural resources, ecosystems and viewsheds. while allowing reasonable development to take place and not interfering with how existing homeowners use their property. This subdivision provides incentives for property owners who wish to subdivide areas that include woodlands and hiotr,pricrriftr+E*es to use planned unit development (PUD), which allows the flexibility to -both protect woodlands and property rights. Standards governing the preservation, protection, and planting of trees are necessary to: 1) prevent tree loss by eliminating or reducing compaction, filling or excavation near tree roots: 2) prevent or reduce soil erosion and sedimentation and stormwater runoff: 3) improve air quality and reduce noise pollution: 4) enhance energy conservation through natural insulation and shading: 5) control the urban heat island effect: 6) increase and maintain property values: 7) maintain buffers between similar land uses and establishing and maintaining buffers between conflicting land uses: and 8) preserve as much as practical the diversity and extent of the trees and woodlands that are an integral Bart of this city's identity. while allowing reasonable development and allowing existing homeowners freedom to use their land. b) Definitions. For the purposes of this subdivision, certain terms and words are defined as follows: The stdGken language is deleted; the underlined language is inserted. Ordinance No. 2008 -24 Page 2 1) "Basic Tree Removal Area" - consists of the following: a. within the areas improved for reasonably -sized driveways, parking areas and structures without frost footings and within ten feet around those improvements: b. within the footprints of, and 20 feet around, buildings with frost footings: and C. in areas where trees are being removed for ecological restoration in accordance with a city- approved restoration plan. 2) ' "Canopy" - The uppermost laver of a forest, formed by tree crowns. 3) "Critical root zone" - the minimum area around a tree that must remain 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). 4) "Diameter breast height (dbh)" - the diameter of a tree measured at 4.5 to determine the diameter of the multi-stem tree. 5) "Protected tree" - a tree that is in a woodland preservation area, or is a high priority tree or significant tree. 6) "Redevelopment" - reconstruction of the principal structure if it includes the removal of the principal structure by more than 50% of the square footage of the building footprint or an increase of the square footage of the building footprint by more than 50 %. 7) "Sapling" - A young tree. 8) "Understory" - The trees, shrubs. and herbaceous plants that grow in the shade of the forest canopy, including trees that could potentially grow to reach the canopy. 9) "Woodland preservation area" - a remnant woodland ecosystem that is at least two acres in size regardless of property boundaries, is generally mapped in the city's Minnesota Land Cover Classification System, and although it may be degraded it generally meets the criteria for one of the following tvpes_of ecosystems as reasonably determined by the ci a. "floodWain forest" - an area populated by deciduous tree species The stricken language is deleted; the underlined language is inserted. Ordinance No. 2008 -24 Page 3 tolerant of seasonal flooding and deposition of silty or sandy soils. The canopy cover is extremely variable and mature trees are typically greater than 70 feet tall. The dominant tree species in the canopy are silver maple and eastern cottonwood. In floodplain areas with severe flooding the understory will be sparsely vegetated. Trees in the understory include saplings from the canopy species -green ash black willow, slippery elm. American elm. boxelder, and hackberry: b "lowland hardwood forest" - an area with a flat terrain populated by deciduous tree species tolerant of periodic soil saturation from seasonally high water tables The soils are moderately well to poorly drained. The dominant tree species in the canopy are American elm black ash basswood bur oak, red oak, white oak, ouaking aspen paper birch and red maple Trees in the understory include saplings from the canopy species slippery elm green ash butternut sugar maple, -guaking aspen, balsam poplar, and American hombeam. The large shrub or small tree laver of the understory is typically dense and can include ironwood, pagoda dogwood, prickly ash. American hazelnut, gray dogwood, and speckled alder: C. "maple basswood forest" — an area with well drained soils and populated by a variety of shade - tolerant fire sensitive, deciduous tree species. The mature trees are straight with narrow crowns greater than 60 feet tall. The dominant tree species in the canopy are basswood and sugar maple but mesic species such as slippery elm red oak bur oak green ash white ash and black ash may be found as well Trees in the understory include saplin -gs from the canopy species bitternut black cherry , and ironwood The large shrub or small tree laver of the understory is composed of primarily tree seedlings and herbaceous Plants: d "mesic oak forest" — an area populated by tall, single stemmed deciduous trees greater than 60 feet tall that lack spreading lower branches. Mesic oak forests may have a moderately moist habitat, but can be dry depending on the slope and aspect of the forest The dominant tree species in the canopy include red oak, white oak and bur oak Trees in the understory include saplings from the canopy, and fire - sensitive species such as basswood green ash, bitternut hickory, big - toothed aspen, butternut northern pin oak black cherry , paper birch, American elm, boxelder and red maple The large shrub or small tree laver in the understory tends to be sparse with greater herbaceous plant diversity but can include ironwood, chokecherry, prickly ash. American hazelnut, prickly gooseberry, red - berried elder, nannybeny, iuneberry /servicebegy, and pagoda dogwood: e °oak woodland brushland° — an area with a canopy more open than a forest but less open than a savanna. It is characterized by open -grown trees and a distinct shrub laver in well- drained sandy, gravelly soils. The dominant tree species include red oak northern On oak white oak, bur oak, and aspen. When it exists, the trees in the understory include saplings from the canopy, black chew and red cedar. The large shrub or small tree layer can include American hazelnut, ironwood, iuneberry and chokecherry: The str-isken language is deleted; the underlined language is inserted. Ordinance No. 2008 -24 Page 4 f. "tamarack swamp" — an area that is a forested wetland community dominated by patches of tamarack, a deciduous coniferous tree. The dominant tree species in the canopy include tamarack, black spruce, paper birch, and red maple. The trees in the understory include saplings from the canopy and the large shrub or small tree laver can include speckled alder and red osier dogwood: or g. "willow swamp" — an area that is a forested wetland community or an area with seasonally flooded soils and scattered -to -dense shrub cover. The dominant tree species in the canopy include black willow and speckled alder. The trees in the understory include saplings from the canopy and the large shrub or small tree laver can include several species of willow and dogwood. 10) "High priority tree" — a tree that is not in a woodland preservation area but is still important to.the site and the neighborhood character, that is structurally sound and healthy, and that meets at least one of the following standards: a. a deciduous tree that is at least 15 inches dbh, except box elders, elm species, poplar species, willow, silver maple, black locust, amur maple, fruit tree species, mulberry, and Norway maple. b. a coniferous tree that is at least 20 feet in height, except a Colorado spruce that is not in a buffer as described in subparagraph (b)(10)(c): or C. a tree that is in a group of deciduous trees that are at least eight inches dbh or coniferous trees that are at least 15 feet in height, that provide a buffer or screening along an adjacent public street, and that are within 50 feet of an arterial road and 35 feet of a minor collector, local, or private street and a trail. 11) "Significant tree" — a tree that is structurally sound and healthy and that is either a deciduous tree at least eight inches dbh or a coniferous tree at least 15 feet in height. c) City authority. To preserve protected trees, the city may: . 1) require and enforce a tree preservation plan as described in paragraph (d) below: 2) specify trees or groups of trees for preservation: 3) specify grading limits: 4) require the clustering of buildings or the relocation of roads, drives. - buildings. utilities or storm water facilities when this would preserve protected trees: 5) grant variances; The stAGken language is deleted; the underlined language is inserted. Ordinance No 2008 -24 Page 5 6) specify time periods in which tree cutting trimming or iniury may not occur in order to prevent the spread of disease: and 7) require conservation easements or other legal means to ensure that woodland preservation areas or -groups of high priority trees or significant trees are not intentionally destroyed after the development has been approved. d) Tree Preservation Plan A tree preservation plan is required as part of an application for a preliminary plat lot division conditional use permit, variance, grading permit site and building plan review, wetland /floodplain alteration permit, or building permit except a -grading permit and building permit for R -1 property when no tree mitigation is required under (e)(1) below. If the exception applies and if the property owner retains a contractor to do the work the contractor must submit a plan showing the proposed construction limits on the property and must not remove any trees outside the specified construction limits A tree preservation plan must include: 1) a tree inventory that meets the following criteria: a The species sizes and locations of hi -gh priority trees, significant trees and trees in woodland preservation areas must be shown, regardless of health. Dead or structurally unsound trees should be noted as such in the inventory. b Canopy species that exist in woodland preservation areas, including those that are in the understory must be inventoried if they are four inches dbh or larger. Understory trees excluding canopy species and large shrubs that exist in woodland preservation areas must be inventoried if they are two inches dbh or larger. C. The size of high priority trees and significant trees must be inventoried regardless of location. d The size of coniferous trees must be recorded in dbh and approximate height. e Invasive species such as buckthorn and honeysuckle should not be inventoried. 2) a site plan that shows the dbh location and size of the critical root zone for each protected tree the trees to be removed, the trees to be preserved, the oreservation area the trees in that woodland preservation area may be grouped together. e) Tree Removal and Preservation Removal of protected trees is prohibited-exceot as follows: The stricken language is deleted; the underlined language is inserted. Ordinance No. 2008 -24 Page 6 1) E)asbng Structures. a. R -1 zone: On property that is zoned R -1 and that has an e)asting principal structure, protected trees may be removed without any mitigation if the principal structure has been in e)astence and not externally expanded for at least two b. All other zones: On property that is not zoned R -1 and that has an ebsbng principal structure, protected trees may be removed subject to the same standards applicable to R -1 property if no site improvements are undertaken and the owner complies with the required tree preservation and landscape plan for the property. 2) Existing Vacant Parcels of Land, Redevelopment, Site Improvements. a. R -1: For the construction of a principal structure on a vacant R -1 lot or for redevelopment of an existing R -1 lot, protected trees may be removed with no mitigation only within the "basic tree removal area". b. All other zones: On property not zoned R -1, for the construction of a principal structure on a vacant lot with no principal structure, for redevelopment of an existing lot, or for site improvements to an existing lot, protected trees may be removed with no mitigation only; 1. within the basic tree removal area: and 2. within the width of required easements for public and private streets and utilities, except that only significant trees may be removed in areas of required surface water ponding. The removal of woodland preservation area trees or high priority _trees for surface water ponding must be mitigated. C. The removal of protected trees under this subsection 2 must also comply with the general removal requirements under subsection 4 below. 3) Subdivisions. a. Significant trees may removed for any construction in a subdivision of land without mitigation only: 1. within the basic tree removal area: and 2. within the width of required easements for public and private streets and utilities, including areas required for surface water ponding. b. If more than 35% of the site's high priority trees or more than 25% of a woodland preservation area on the site are to be removed for any construction in a The st!iskee language is deleted; the underlined language is inserted. Ordinance No. 2008 -24 Page 7 subdivision of land there can be no more than one lot per developable acre of land. High priority trees and trees within a woodland preservation area may be removed for any construction in a subdivision of land without mitigation only: 1. for the basic tree removal area: and 2 for the width of required easements for public and private streets and utilities except in areas of required surface water wriding. The removal of high priority trees or trees in woodland preservation areas for surface water ponding must be mitigated. C. A subdivision of land that proposes to remove more than 35% of the site's high priority trees or more than 25% of a woodland preservation area on the site can be developed up to the full density normally allowed under other development regulations in the applicable zoning district if the property is developed under an aawroved planned unit development (PUD) There is no minimum size required for a PUD in this situation In reviewing a PUD application the city will consider the extent to which steps are taken to preserve protected trees, such as: 1. using creative design which may include the clustering of homes reducing lot sizes reducing or- expanding normal setbacks, custom grading, retaining walls buffers and establishing the size and location of building pads, roads, utilities and driveways: 2. preserving the continuity of woodland preservation areas by developing at the edges of those areas rather than at the core; 3. exercising good faith stewardship of the land and the trees both before subdivision and after, including the use of conservation easements when appropriate: and 4. minimizing the impact to the character of the existing landscape and neiaNwrhoorl d. The removal of protected trees under this subsection 3 must also comply with the general removal requirements under subsection 4 below. 4) General removal requirements. The removal of protected trees under subsections (2) and (3) -must also comply with the followiaageneral requirements: a. Principal structures and associated facilities must be located to maximize tree preservation The city may specify the location of the principal structures and associated facilities in order to ensure a reasonable amount of tree preservation. b. Any tree removed outside of the specified allowable tree removal areas must be mitigated as specified below. The s#Fisken language is deleted; the underlined language is inserted. Ordinance No. 2008 -24 Page 8 C. The applicant must comply with any approved tree preservation or landscape plan. d. Trees required to be saved as part of a subdivision approval must remain on a lot for two years after the final building permit inspection or certificate of occupancy is issued for the principal structure, whichever is later. Any tree that dies solely of natural causes such as disease or wind is exempt from this section, e. Each protected tree that is removed in violation of ordinance requirements is a separate violation of the city code. 5) Greater Public Good. The city council may allow the removal of protected trees contrary to the provisions in subparagraphs'(1) — (4) if it determines that there is a reater public good such as: a. providing reasonable use or access to the property: b. providing affordable housing: C. allowing for the creation or rehabilitation of a public road or trail: d. providing for a public utility service, such as a transmission line, ponding or a water tower: e. allowing for the creation or rehabilitation of a public park: or f. enabling redevelopment in a desiqnated redevelopment area. ff) Tree- Mittaa m�r 1) Whentree mitigation is required, the applicant must submit a tree caliper size or feet and location for each replacement tree. The plan may not be comprised of more than 25 percent of the same species or size unless approved by the city. The plan must comply with the mitigation standards.reguired below. The applicant must implement the tree mitigation plan approved by city staff. 2) Specific mitigation standards. , Mitigation for tree removal of trees in woodland preservation areas. high priority trees. and significant trees must meet the following specific standards: a. Mitigation rate. 1. A tree or large shrub that is in a woodland preservation area The stricken language is deleted; the underlined language is inserted. Ordinance No. 2008 -24 Page 9 or is a high priority tree must be replaced at the rate of one inch for each inch in ,diameter of a deciduous that was: removed and at the rate of one foot for each foot in height of a coniferous tree that was removed: and 2. A significant tree must be replaced with one two -inch tree. b. Mitigation species. 1. Trees and large shrubs in woodland preservation areas must be replaced with species found in that eco -type as specified on the list of acceptable replacement species on file with the city: 2. High priority trees must be replaced with species of a similar type that are normally found growing in similar conditions and that are included on the list of acceptable replacement species on file with the city: 3. Significant trees may be replaced with any tree species other than ash box elder, silver maple, willow, Norway maple, amur maple and Colorado spruce, as approved by citv'staff, and C. Mitigation size. 1. Replacement sizes for woodland preservation areas and high priority trees,, are: a) not less than one and one quarter inches but not more than three inches dbh for deciduous balled and budapped trees, and not less than three inches but not more than six inches dbh for spade -moved deciduous trees: b) not less than 7 -gallon stock for understory or small trees and not less than 3 -gallon stock for shrubbery: and C) not less than six feet but not more than eight feet in height for balled and budapped coniferous trees, and not less than eight feet but not more than 14 feet in height for spade -moved coniferous trees. 2. The city may allow larger balled and burlawed or spade moved trees if these trees are accompanied with a three year -guarantee. Other size substitutions, based on site characteristics, may be allowed at the reasonable discretion of the city, 3. Replacement size for a significant tree is not less than a two- inches dbh. 3) General mitigation standards: The s#isken language is deleted; the underlined language is inserted. Ordinance No. 2008 -24 Page 10 a All replacement trees and shrubs must meet the American Standard for Nursery Stock and the American National Standard relating to planting guidelines quality of stock and appropriate sizing of the root ball for balled and budapped, potted and spade -moved trees. b If the city determines in its reasonable discretion that there is no appropriate location for some or all of the required replacement trees, those trees may not be required. C. Replacement trees must be planted on the same property or development area from which the trees were removed. d A tree will be considered removed if girdled, if 30 percent or more of the trunk circumference is injured. if 30% or more of the crown is trimmed, if an oak is trimmed between Mril 1 S and Julv 15 or if the following percentage of the critical root zone is compacted cut filled or paved: 30 percent of the critical root zone for all species except 40 percent for ash elm poplar species, silver maple and boxelder. e Development that is subiect to landscape requirements in sections 300.27 and 300.31 must meet the minimum landscape requirements of the applicable section Trees planted as part of a required landscaping plan may be counted as replacement trees under this section, at the city's discretion. f The required mitigation trees must be replaced by the current property owner if the trees have died have severely declined or have been damaged after the end of the second full growing season following installation. A tree will be considered to be severely declined if more than 25 percent of the crown has died. Q. The city may require an escrow deposit to ensure the required planting and continued existence of the mitigation trees. The city will release the escrow deposit after the end of the second full growing season following installation of the mitigation trees and any replacement trees. h. A tree or shrub that was required by the city to be saved but was removed must be replaced at a rate of 2:1 based on dbh for deciduous species and height for conifers The city may also impose a financial penalty equal to $500.00 for each inch of dbh or foot of height removed. not to exceed $5000 for each tree or shrub. This provision also applies to a conservation easement area that is disturbed during or after development. g) General tree protection standards. 1) Before construction, grading or land clearing begins, the 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 fencinq must be in conformance with the approved tree preservation plan. This fencing must be inspected The striGken lariguag is deleted; the underlined language is inserted. Ordinance No. 2008 -24 Page 11 by city staff before site work begins. 2) No construction compaction, construction access, stock piling of earth, storage of equipment or building materials or grading of any kind may occur within the critical root zone areas of trees to be protected. 3) A healthy protected tree that was not a hazard to personal safety or property damage and that was removed or otherwise destroyed by unnatural causes within three years before a development application will be regarded as if it were present at the time of construction or a development application. This provision does not apply if the number of protected trees removed is less than 5% of the protected trees existing five years before the application. 4) An area of new or compensatory water storage may not be located where there are woodland preservation areas high priority trees or significant trees, unless approved by the city. Mitigation will be required for the loss of woodland preservation areas and high priority trees due to ponding. The compensatory storage area must be created in a manner that prevents erosion into any nearby water resource. Section 2. A violation of this ordinance is subject to the penalties and provisions of Chapter XIII of the city code. Section 3. This ordinance is effective upon adoption. Adopted by the city council of the City of Minnetonka, Minnesota, on August 25, 2008. Janis A. Callison, Mayor ATTEST: David E. Maeda, City Clerk ACTION ON THIS ORDINANCE: Date of introduction: Date of adoption: Motion for adoption: April 21, 2008 August 25, 2008 Schneider The str+eken language is deleted; the underlined language is inserted. 1101 101rKsill 1 -Y L_ Al x j,�z,E ' C. No Planned Business Development shall be recommended by the Plan Commission for approval by the City Council unless such complies with all of the standards provided in Chapter 38, "Subdivisions ", of the City Code of Lake Forest, 1971, as Amended. SECTION 46-27. HISTORIC RESIDENTIAL AND OPEN SPACE PRESERVATION A. PURPOSE 1. The regulations contained herein are adopted pursuant to the Illinois Compiled Statutes, Chapter 65, Paragraph 5/11 -13 -1, to ensure and facilitate the preservation of sites, areas, buildings structures, landscaping, woods and other natural terrain features, and the character of surrounding areas which are individually and/or collectively of special historic architectural, aesthetic, cultural and/or ecological significance to the Cityand its citizens; and are desirable in order to maintain the value of- property within The City of Lake Forest and the distinct urban ambiance that characterizes The City of Lake Forest as a unique community in the United States. Because of the collective significance of the properties within the district, Special Use Permits, demolition of structures, and subdivisions of land within the district are of special concern to The City of Lake Forest and its citizens, thereby necessitating special standards and procedures for review and approval. To be eligible for approval under this Section, proposed uses, actions and developments must comply with all provisions of this Section and be compatible with the character of Lake Forest and the ambiance of the Historic Residential and Open Space Preservation District. 2. It is a further purpose of this Section to preserve the architecturally significant homes and estate properties concentrated in The City of Lake Forest, and rarely found elsewhere in Illinois or in the Midwest, because such homes and properties comprise an irreplaceable historic resource embodying high standards of architectural design and craftsmanship that represent a significant period of residential development, which is important and rare in American history and whose continued existence is desirable in order to maintain the distinct urban ambiance that characterizes The City of Lake Forest as a unique community in the United States; provided that such preservation can be accomplished without any material adverse effect upon the particular property involved. 3. It is also the purpose of this Section to protect those areas or portions of property identified on the Historic Residential and Open Space.fteservation,map as significant parts of the landscape heritage of Lake Forest, such as wetlands, floodplains, poor soils, woodlands; meadows, prairies, savannas, environmentally sensitive, and/or significant open space,,from increasing development pressures while being sensitive to the rights . of individual property owners to develop their properties in accordance with the rules and regulations as set forth by City standards. Innovative design and site planning solutions are encouraged when contemplating development to achieve the purposes of this Section. It is not the primary intent of this ordinance to allow density transfers, thus preserving large areas of open space, for properties that would not otherwise be buildable, such as those areas listed above in this paragraph. 49 REPRINTED AUGUST 2005 SEMON 41-27 V B. DESIGNATION AND DEFINITION OF THE HISTORIC RESIDENTIAL AND OPEN SPACE PRESERVATION DISTRICT AND GENERAL PROVISIONS 1. A Historic Residential and Open Space Preservation District is hereby created as a special district which is to function as a secondary zoning district superimposed on the existing zoning districts contained in the Official Map of The City of Lake Forest. 2. The Historic Residential and Open Space Preservation District which may comprise separate and distinct areas shall be labeled on the District Map of The City of Lake Forest as The Historic Residential and Open Space Preservation District, as provided in SECTION 46 -34. The locations and boundaries of the district shall be as set forth on said District Map, as amended from time to time by the City Council. 3. The City Council may, from time to time, add to or delete from the Historic Residential and Open Space Preservation District. 4. In revising the boundaries of the district and in-the Historic Residential and Open Space Preservation District map, the following criteria shall be considered: a. The historic, architectural, aesthetic and/or cultural significance or value of any area, site, building, structure, and/or landscaping, streetscape, road frontage, vistas, or terrain feature, either individually or in relation to each other or to natural or physical boundaries. b. The visual, geographic, and density relationship of any such site, building, structure, or feature to its surrounding area. C. The age, history, architectural or historical style or period, construction, craftsmanship, uniqueness, ecological value, topographical significance, or irreplaceabil'ifybf any such•building, structure, or feature, considered individually or collectively. d. The designation by governmental bodies of any area, site, building, structure, or feature, having any historic, architectural, aesthetic, ecological and/or cultural significance or value to the community. e. The establishment of naturally definable boundaries and buffer areas necessary to prevent encroachment of uses, development, or other influences potentially adverse to the preservation purpose of this Section. f. Natural features on the site deemed worthy of preservation in accordance with standards set forth in the Environmental Plauand Open Space: Plan for the preservation of streams, floodway and floodplain areas, wetlands, woodlands, savannas; prairie, bluffs, and ravines. 5. All property and structures contained within the Historic Residential and Open Space Preservation District are collectively significant and are hereby declared to be of a special historic, architectural, cultural, ecological and/or aesthetic significance to The City of Lake Forest by their very inclusion since each individually contributes to the ambiance existing within the District which is an irreplaceable resource. REPRINTED AUGUST 2005 50 SECTION 46-27 C. APPLICATIONS REQUIRING SPECIAL REVIEW Applications for any of the following actions within the Historic Residential and Open Space Preservation District are subject to this Section(C) and the following Section (D) and the submission and approval requirements designated: (1) Application for Subdivision of any land, or (2) Application for a Special Use Permit as permitted according to the underlying zoning. Any application for a permit for the demolition of any structure within the Historic Residential and Open Space reservation District is subject to the provisions of Section 9.107.1 -(D) (Building Scale and Environment/Application for Demolition Permit) of the Lake Forest Building Code. Special Use Permit Required for Subdivision. All applications for subdivision of land within the District shall be considered as .a Special use Permit application, pursuant to this Code, and be processed as a Planned Preservation Subdivision in accordance with the rules and procedures contained in Section 46 -24 and 46-26, provided, however, that: a. Section 46- 24- (G) -(2) shall not apply to Planned Preservation Subdivisions considered under this Section. b. No minimum acreage shall be required for a subdivision to be considered as a Planned Preservation Subdivision. C. The underlying zoning of the subject property shall govern the number of lots permitted within any subdivision approved under this Section, provided that the area of any street, road or access easement, on or across such property, shall be excluded, as in the conventional subdivision process. d. The size of lots in such subdivisions shall be determined based upon the purposes of this Section. The lot area on which an existing structure is to be located may be required to be greater than the minimum allowed in order to preserve its aesthetic or environmental relationship to surrounding properties and or to significant accessory structures, gardens, landscaped areas, and natural terrain features of the. property or adjacent structures and property. Similarly, the areas of the remaining lots may individually be required to be greater or smaller that the minimum lot size allowed under the existing zoning classification for the purpose of protecting significant structural, architectural, or environmental features on the property or adjacent properties, provided that no more than the number of lots calculated in paragraph (C) above, shall be permitted e. The City may approve a "conventional subdivision" plan in lieu of a Planned Preservation Subdivision if it finds that such subdivision more fully and appropriately meets the intent and purpose of this Section. 2. All Other Special Use Permits in District. Special Use Permits allowed in the underlying zoning shall be processed in accordance with the rules and procedures contained in Section 46-24, in addition to any requirements and/or criteria in this Section which may be more restrictive. 51 REPRMTM AUGUST 2005 SEMON 4627 D. REVIEW CRITERIA Review Requirements. Any property within the Historic Residential and Open Space Preservation District may be subdivided and/or used for any special use that is permitted under the underlying zoning upon approval of the City Council, after the review and consideration by the Plan Commission of the appropriateness of any such subdivision or special use, based on the criteria established in this Section and in other applicable Sections of the City Code. 2. Submission Documents Required. The following information shall be filed with the Administrative Officer together with any other documentation requested by the Plan Commission or City Manager unless waived in whole or in part by the City Manager. The developer shall bear all costs associated with providing these items. A full statement of reasons and purposes for which the application is made, a description of the action proposed to be taken and the manner and timing in which it is to be implemented, if approved. An inventory of features` or elementsfworthy of preservation on the subject property may be required and, if required, shall include any features or elements having any historical, architectural, aesthetic, cultural and/or ecological value such as the main house, formal gardens, outbuildings, walls, reflecting pools or fountains, wetlands, floodplains, woodlands, and other such similar creatures or elements. C. An assessment of the subject property by a qualified specialist(s) demonstrating whether adjoining ecosystems may be adversely affected. The developer shall provide to the City a detailed listing of the professional qualifications of all specialists to be used along with any other information deemed necessary. d. All other information required for the review of conventional development pursuant to applicable City requirements. 3. Determining Appropriateness. In considering the appropriateness of an application under this Section, findings must be made, in addition to the findings required in other applicable Sections of the City Code, that the application would not: Adversely Affect the Subject Property and/or any Structure. Adversely affect the residential value, use or character of the property or structure nor deprive the structure or grounds of size, configuration and relative proportions necessary to preserve the integrity, value and character of the structure and to maintain its relationship with its surroundings. b. Adversely Affect Other Property or Structures. Be significantly detrimental to the residential value, character, or use of any sites, streets, or areas within the Historic Residential and Open Space Preservation District visually related to or surrounding the site or structure which is the subject of the Special Use Permit. REPRINTED AUGUST 2005 52 SECTION 46-27 Materially Damage, Destroy, Change or Neglect. Materially damage, destroy, change or neglect: (1) those primary elements or features of a structure which enhance such structure's residential value, use or character; or (2) any other significant elements or features of the property that contribute to the ambiance of the Historic Residential and Open Space Preservation District. 1) If such damage, destruction, change, or neglect was effected in anticipation of said submission, or while said submission is under review, so as to avoid the requirements of this Section, the application shall be construed by the Plan Commission and the City Council as proposing such damage, destruction, change or neglect just as though it had not occurred. Further, the Plan Commission and the City Council may require repair, renovation, restoration or reconstruction of any damaged, destroyed or changed matter at the expense of the owner of and/or applicant for such property, if the City finds that said matter is a material element of the property in question and is necessary to meet the purpose of this Section. E. VARIATIONS Under special or unusual circumstances the City Council may grant variations to this Section, or any other City Codes, that are found to be consistent with the purposes of this Section and necessary to meet or fully realize said purposes provided that the underlying density is maintained and that new structures shall be in accordance with the existing zoning; provided, that the Construction Codes Commission shall consider any variances to the Construction Codes of The City of Lake Forest pursuant to Section 9 -112 of the City Code. F. OPEN SPACE PRESERVATION, REGULATION, AND MAINTENANCE Any Planned Preservation Subdivision open space shall be common open space for the enjoyment or benefit of all residents. Each building site need not abut common open space; however, convenient access through permanent easement must be provided and perpetually guaranteed to all building sites not abutting common open space. 2. Common open space areas may be devoted to the following purposes, provided, however, that all such facilities have been approved by the City Council as part of a detailed landscape and amenities plan: a. natural areas, consisting of existing or restored native vegetation, such as floodplains, woodlands, wetlands, savannas, prairies, ravines and bluffs and/or landscape areas, including landscaped berms; b. active or passive recreational facilities or amenities. C. farming and agricultural uses, such as pastures, meadows, and crop fields, consistent with the permitted uses as set forth by the underlying zoning district. 3. Common open space shall not be subject to further subdivision. 4. It is encouraged that property located adjacent to existing open space, during the design of any development, attempt to align all proposed open space with existing open space. 53 REPRINTED AUGUST 2005 SEMON 46-27 5. All or part of a common open space area may be required to .be dedicated to the City and operated as a City recreational or educational facility, a storm water detention facility, or for other appropriate public purposes. 6. The required subdivision plat shall contain the appropriate notations and clauses reflecting dedications, easements, reservations, regulations, and requirements concerning ownership and responsibility for common space areas and facilities. 7. When property is identified on the' Historic Residential and Open Space Preservation District map as having wetlands, mature woodlands, significant road finntage:or streetscape, and/or other similar features, theuse of conservation easement, variations in lot sizes and set backs above or below the minimums required by the District, may be encouraged to help achieve the purposes of this Section. G. MISCELLANEOUS 1. Unless otherwise providedby this Ordinance, the provisions set forth in the Building Code, Zoning Code, and Subdivision Ordinance, and the Regulations; and Policies of The City of Lake Forest, shall be fully applicable. SECTION 46-28. ZONING CERTIFICATES Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department, or employee unless the application for such permit has been examined by the Administrative Officer and has affixed to it his certificate indicating that the proposed building or structure or use of land complies with all the provisions of this Chapter. Any permit or Certificate of Occupancy issued in conflict with the provisions of this Chapter shall be null and void. SECTION 46 -29. OCCUPANCY CERTIFICATES A. CERTIFICATES OF OCCUPANCY It shall be unlawful to use or permit the, use of any building or premises or part thereof, hereafter created, erected, changed or converted wholly or partly in its use or structure, until a Certificate. of Occupancy, to the effect that the building or premises or the part thereof so created, erected, changed or converted, and the proposed use thereof, conform to the provisions of this . Chapter, shall have been issued by the Administrative Officer. No change or extension of use and no alterations shall be made in a nonconforming use of premises without a Certificate of Occupancy having first been issued that such change, extension or alteration is in conformity with the provisions of this Chapter. Copies of such certificates shall be furnished upon request to any persons having a proprietary or tenancy interest 'in the building aff'eoted. B. TEMPORARY CERTIFICATE Pending the issuance of a regular certificate, a`temporary Certificate of Occupancy may be issued for -a period not exceeding six (6) months during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or REPRINTED AUGUST 2005 54 SEMON 4(x29 January 13, 2009 nneapolis city of lakes OFFICE OF ELECTIONS AND VOTER REGISTRATION 350 5th Street South - Room 1B Minneapolis MN 55415 -1396 Dear Minneapolis Election Judge, As you are aware, an election contest has been hich Norm Coleman seeking o Have the court This means that there is now a court case i address alleged errors during the election and recount hese alleged errors and Minneapolis he election. The lawsuit provides examples of many precincts are mentioned as the source of some of those alleged errors. As an individual who served as an election judge, chair judge, precinct support judge or absentee ballot board member in one of the disputed precincts, you may be contacted by lawyers for either Norm Coleman or Al Franken's campaign. You are not required to speak to the lawyers for either campaign, but you are free to do so. The attorneys may wish that you provide an affidavit, submit to a deposition, or both. In the event are contact Pete ff i d v or L sa a deposition, or have any other questions about the process, please Needham at the Minneapolis City Attorney's Office. Mr. Ginder can be reached at 612 673 2478 and Ms. Needham can be reached at 612 673 2429. Under the Minnesota Data Practices Act, most information of our election judges, considered judges is considered "Private." Only the names and work locations "public" under the law, was released by the city not r leased. If you should beuasked to election judges (minors) serving at the election lease refer the requestor to the provide additional information about your fellow election judges, p City Attorney numbers listed above. We sincerely thank you for your service as an election judge, and for your understanding and cooperation as we continue through the election contest period. Sincerely, ar4��� Cynthia Reichert Elections Director StarTribune.COn1 ? MINNEAPOLIS - ST. PAUL, MINNESOTA Franken's request to dismiss Coleman suit is denied By PAT DOYLE, Star Tribune January 22, 2009 Al Franken's effort to block Norm Coleman's lawsuit over the U.S. Senate recount was rejected Thursday by a three -judge panel, setting the stage for a trial to begin Monday on the Republican's claims. State election law doesn't undermine the Senate's constitutional power to later judge the qualifications of its members, the judges said in denying Franken's request to dismiss the election contest, as the lawsuit is called. The panel also rejected Franken's attempt to limit any court review to verifying math and other technicalities of the recount and canvass, clearing the way for the judges to consider Coleman claims that some votes in Democratic areas were counted twice, that some absentee ballots from GOP areas were wrongly rejected and that there were other irregularities. The panel noted that the Minnesota Supreme Court had ruled that while those claims shouldn't be decided during the recount, they "would be properly heard in an election contest" in court. Coleman lawyer Ben Ginsberg called the panel's decision "a stinging defeat for Al Franken. It underscores that the Coleman contest will proceed, that there will be a trial." Said Franken lawyer Marc Elias: "We look forward to the trial commencing ... and moving forward expeditiously so that Minnesotans can have two Senators representing them as quickly as possible." The trial is scheduled to start Monday at the Minnesota Justice Center in St. Paul. This month, the state Canvassing Board certified the recount results, which gave Franken a 225 -vote lead. Franken had argued that state law and the U.S. Constitution sharply restricted any lawsuit over the results of a U.S. Senate election. But the panel disagreed, saying a court's review of an election "is not limited to the purely ministerial task of ensuring that the tallies from the canvassing board are fee from mathematical error." As an alternative to a dismissal, the Franken campaign had suggested recently that the judges could limit any trial to some of Coleman's more narrow claims: that 654 absentee ballots were wrongly rejected, that up to 150 votes were counted twice, and that a machine count shouldn't have been used for 133 ballots that couldn't be found during the recount. But the panel's order didn't so restrict Coleman, who has in recent days called for an inspection of 11,000 rejected absentee ballot envelopes before the trial begins. However, in a separate order issued later Thursday, the judges did deny a request by Coleman to have counties ship all those envelopes to the panel. Coleman request The panel's refusal to dismiss the suit came on a day when it also was mulling a Coleman request to order inspectors to visit 86 precincts around the state to investigate his claims that some ballots were counted twice or never counted at all. Coleman lawyers say as many as 20 teams of inspectors could conduct the review, which would take place before the trial begins. Attorneys for Franken opposed the proposal, saying it would be "almost physically impossible" to conduct the inspection in that time. But Coleman attorneys said an inspection could be done over the next three days. Hundreds of votes could be in play in the 86 precincts, which include 22 precincts that Coleman cited earlier as ones where votes might have been counted twice. Most of those were in Democratic - leaning areas of Minneapolis. But the expanded list also includes precincts where Coleman says valid ballots were not counted, as well as precincts that he said had fewer ballots than persons voting. Coleman attorney Tony Trimble told the judges Thursday that the reexamination would involve a systematic effort by three inspectors -- one from each campaign and a nonpartisan -- going to the precincts and taking another look at ballots. Trimble argued that on -site inspection now would winnow down the disputed ballots and spare the court the time of taking evidence and hearing witnesses on all of the ballots later at trial. Coleman's request to inspect the 11,000 rejected absentee ballot envelopes and related materials before trial is not limited to the 86 precincts, but would involve examining documents "in all precincts, cities and counties in which absentee ballot envelopes were rejected by local election officials and not opened on election night." Franken lawyer Elias accused Coleman of seeking to change the rules for counting ballots that were agreed to during the recount. "I don't know what rules they will be given, what standards," he said, referring to the inspectors. Elias said the inspection process proposed by Coleman would effectively miscast inspectors in the role of judges or the U.S. Senate. He said the Minnesota Supreme Court, in rulings during the recount, envisioned such claims going to hearings that can examine evidence and take testimony. "That is not a process that three inspectors are going to make," Elias said. "That is not a process that is going to take place between now and Monday in counties scattered throughout the state." Moreover, he said the inspection program proposed by Coleman would "put the counties through unprecedented expense over the weekend to produce all these voter rolls." Shortly after the panel heard arguments Thursday on the proposal for inspections, Coleman appeared at the Capitol and said he would not rule out further legal action, including an appeal to the U.S. Supreme Court. "I'm not ruling in or out any action" he said. "I have confidence in the system." He said he believes the court contest will resolve disputes. "I'm committed to moving through this process." Pat Doyle • 651 - 222 -1210 © 2009 Star Tribune. All rights reserved. Morningside Neighborhood Association Dear Edina City Council... Have a thought you'd like to share with the Edina City Council? Write it on, the oversized open letter from Morningside. Show your appreciation for their hard work, ask a question, share a view. Letter will be presented at the Town Hall Meeting on Tuesday, January 27.