HomeMy WebLinkAboutSP May 22, 2001
\ CITY of ANDOVER
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Special Joint City CouncilJPlanning and Zoning Commission Meeting
Tuesday, May 22, 2001
Call to Order-7:00 PM
Discussion Items
1. Tree Preservation Policy.
2, Wetland Buffer Ordinance
\ 3. Buildability Requirements
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4. 2002 Residential Development Projects
5, Andover Station Update
Other Business
Adjournment
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CITY OF ANDOVER
REQUEST FOR CITY COUNCILlP&Z ACTION
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DATE: May 22.2001
AGENDA SECTION ORIGINATING DEPARTME~
Discussion Community Deyelopment
ITEM NO. 1 ~
Tree Preservation Policy David L. Carlberg
Community Development Director
REQUEST
The City Council and the Planning and Zoning Commission are requested to review and discuss
the Tree Preservation Policy.
The City Council at the March 20, 2001 meeting directed Staff to schedule a joint meeting with
the Planning and Zoning Commission to discuss the Policy,
/ At the February 20,2001 Council meeting, Councilmember Knight during Mayor/Council Input,
stated that he would like the City to update the policy and/or ordinance to require tree
replacement for trees over 4" in diameter.
Attached is the policy and Ordinance No. 214 (previously Ordinance No. 29), An Ordinance
Relating to the Preservation of Shade Trees and the Prevention of Epidemic Diseases Associated
with Shade Trees for City Council/Planning and Zoning Commission review and discussion.
Back!!round (History)
The Tree Preservation Policy was adopted by the City Council on July 7, 1992. The City Council
revisited the policy on January 21, 1997 as a result of the concern over the significant amount of tree loss
being experienced during the subdividing and development of property (i.e. Shadowbrook). The policy
amendment before the Council at the time, provided for a more detailed submittal and review of tree
protection plans as well as provided for monetary penalties for encroachments into tree protection areas.
The Council chose not to adopt any amendments to the policy at that time, citing custom grading
techniques as a solution to the tree loss problem.
/
Ordinance No. 214 was adopted on May 6,1997 as a part of the City's efforts to recodify and update
ordinances. With the adoption of the ordinance, Ordinance No. 29 was repealed. As a part of the
update, a provision was added to the ordinance to include the planting of one tree in the front yard of
each lot by the builder. The provision was added to fulfill an objective of the Council in a Mission
Statement developed in 1995. The ordinance was later amended by the Council on July 1, 1997 to
remove this requirement. The Council more clearly defined the intent of the objective as to encourage
and promote tree preservation and reforestation vs. requiring tree plantings.
Action Requested
The City Council and the Planning & Zoning Commission are requested to affirm current policy or
identify modifications to the policy.
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Cil~
of
Andover
Tree
Preservation
, Polic~
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1992
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CITY OF ANDOVER
TREE PRESERVATION POLICY
INDEX
Section I. Page
Purpose 1
Section II. Applicabili ty 1
Section III. Definitions 1
Section IV. Procedures 2
Development Standards 2
Land Disturbance Permit 3
Special Development Considerations 4
Section V. Tree & Site Related Disturbances 5
Section VI. Methods of Tree Protection 6
Planning & Considerations 6
Protective Barriers 7
Encroachment 8
Appendix A Technical Terms 9
Appendix B Reclamation of the Growing Site 11
Appendix C Checklist for Tree Protection Plan 12
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TREE PRESERVATION POLICY
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
I. Purpose. The purpose of this policy is to preserve and
protect sign~ficant trees or stands of trees whose loss due to
land disturbances would affect the character of neighborhoods,
subdivisions, public or semi-public projects and commercial
developments.
II. APPlicabilit~. This policy shall apply to any person or
entity that would isturb land areas and impact significant trees
or stands of trees in neighborhoods, subdivisions, commercial
building developments, public and semi-public projects such as
streets, utilities and parks whether disturbed by a public agency
or private developer; except where the City Council may waive
these requirements where there would be a greater public need for
the project than to.meet the requirements of this policy. A
public hearing shall be held before declaring such a waiver. The
property owners within three hundred fifty (350') feet of the
site shall be notified at least ten (10) days before the hearing.
The terms and provisions of the Tree Preservation Policy in
conjunction with the City Tree Ordinance No. 29C shall apply to
all activity which requires the issuance of a Land Disturbance
Permit.
III. Definitions. All words in these standards have their
customary dictionary definition except as specifically defined
J herein. The word "shall" is mandatory and the word "should" is
permissive. Technical terms used in this Policy are defined in
Appendix A.
Buildable Area - the portion of a lot which is not located within
any minimum required yard, landscape strip/area, or buffer; that
portion of a lot wherein a building may be located.
City Forester - the agent of the City of Andover assigned to the
Forestry Department (Public Works Department) and having the
primary responsibilities of administration and enforcement of the
Tree Preservation Policy.
City Tree Ordinance No. 29C - an Ordinance Relating to the
Preservation of Shade Trees and the Prevention of Epidemic
Diseases in Shade Trees Within the City of Andover.
Crown dripline - a vertical line extending from the outer surface
of a tree's branch tips down to the ground.
DBB - diameter-at-breast-height is a standard measure of tree
SIZe, and is a tree trunk diameter measured in inches at a height
of four and one-half (4 1/2') feet above ground. If a tree
splits into multiple trunks below four and one-half (4 1/2')
feet, then the trunk is measured at its most narrow point beneath
the spli t.
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Land Disturbance Permit - an official authorization issued by the
Forestry Department (Public Works Department), allowing
defoliation or alteration of the site for the commencement of any
commercial or residential construction. Agricultural practices
and agricultural construction will be exempted from this
provision of this Policy.
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Protection Zone - all lands that fall outside the buildable area
of a parcel.
Significant Trees - any deciduous hardwood tree measuring twelve
(12") ~nches in diameter DBH or greater, or a coniferous tree
measuring eight (8") inches in diameter DBH or greater.
Specimen Tree or Stand - any tree or grouping of trees which has
been determ~ned to be of a high value by the City Forester/Tree
Inspector because of its species, size, age, or other
professional criteria.
Structure - anything manufactured, constructed or erected which
~s normally attached to or positioned on land, including portable
structures.
Tree - any self supporting woody plant, usually having a single
woody trunk, and a potential DBH of two (2") inches or more.
Tree Protection Plan - plan established in Section IV(B) of the
Tree Preservat~on POI1CY and Appendix C.
J Tree Preservation Policy - approved and adopted by the City of
Andover Councll to regulate and provide standards and guidelines
for the preservation of trees through development and
construction process within the City of Andover.
Woodlot - any wooded area with significant trees.
IV. Procedures (Summarized in Figure 1).
A. Development Standards. Developments shall be designed to
preserve large trees and woodlots where such preservation would
not affect the public health, safety or welfare. The City may
prohibit removal of all or part of a woodlot or stand of trees.
In addition, nothing in this policy shall prevent building on
an existing lot of record, provided that such building shall be
designed to save as many trees as possible. This decision
shall be based on, but not limited to, the following criteria:
1. Size of woodlot tree.
2. Species, health and attractiveness of the trees
including:
a. sensitivity to disease
b. life span
c. nuisance characteristics
/ d. sensitivity to grading
3. Potential for transplanting.
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4. Need for thinning a woodlot.
5. Effect on the functioning of a development.
B. Land Disturbance Permit.
1. Sketch plan shall show large stands of significant
trees.
2. A Tree Protection Plan shall be submitted with the
following:
a. preliminary plat for the subdivision of property.
b. Other permit drawings as a part of the Building
Permit process.
c. Commercial Site plans, either as a separate
drawing or as part of the Landscape Plan.
3. The Tree Protection Plan shall include the following
information:
a. Definition of spatial limits:
(l) Limits of land disturbance, clearing, grading
and trenching
( 2 ) Tree protection zones
( 3 ) Specimen trees or stands of trees.
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b. Detail drawings of tree protection measures (where
applicable) :
(1 ) protective tree fencing
(2 ) Tree protection signs
c. Drawings indicating location of applicable
utili ties:
( 1 ) City water or well
(2 ) City sewer or septic system
( 3 ) Electricity
(4 ) Gas
(S) Cable TV
(6 ) Telephone
4. These plans shall be reviewed by the City
Forester/Tree Inspector for conformance with Tree
Preservation Policy, in conjunction with the City Tree
Ordinance No. 29C, and will either be approved, or returned
for revisions. Reasons for denial shall be noted on the
Tree protection Plan, or otherwise stated in writing.
S. Issuance of the Land Disturbance Permit is contingent
upon approval of sketch plans for the subdivision of
residential property or the Tree protection Plan for other
building permit processes or commercial site plans.
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6. A fee as established by Council resolution shall be
charged for plan review for building permits. Any costs
incurred by the City in reviewing plans for plats and
commercial site plans shall be charged to the developer.
City Staff may submit the plan to a consulting forester for
a recommendation. Any costs shall be paid for by the
developer or builder. (Res. 105-93, 5-18-93)
7. All tree protection measures shall be installed prior
to beginning building construction and inspected by the
City Forester/Tree Inspector.
8. The City Forester/Tree Inspector will conduct follow-
up site inspections for enforcement of the Tree
Preservation Policy in conjunction with the City Tree
Ordinance No. 29C.
9. If any significant tree in development or building
site is cut, damaged or the area within the tree's dripline
has been encroached upon b~ grading equipment without City
authorization, the City shall require planting of two (2)
new trees. In addition, if the City determines that a
damaged tree will probably not survive, it shall be removed
by the developer.
a. Any trees required to be planted shall be varied
in species, shall maximize the use of species native
to the area, shall not include any species under
disease epidemic and shall be hardy under local
I conditions. Trees shall be at least two and one-half
(2 1/2") inches in diameter for deciduous trees and _
eight (8') feet tall for coniferous trees per nursery _
standard measurements.
b. Any trees required to be planted shall be replaced
if they die or appear to be dying within one (1) year
of planting by the person responsible for the
planting.
c. Before any building construction takes place,
fencing as required in Section IV(B) of this Policy
shall be placed around the borders of woodlots of the
driplines of significant trees to be preserved. Signs
shall be placed along this fence line prohibiting
grading beyond the fence line.
d. The developer/contractor shall escrow 150% of the
project cost of tree replacement when tree conditions
do not allow the trees to be planted at the time of
the development or construction.
C. Special Development Considerations. Any proposed density
increase must save significant or specimen trees. The City
Council may require a Special Use Permit.
/ 1. The City Forester will conduct a preliminary review of
all Special Use Permit applications.
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2. A field review of select cases will occur under the
following conditions:
a. For planed unit developments and major development
cases.
b. Other cases as determined necessary by the
preliminary review.
3. Conditions to Special Use Permits will be applied
where determined necessary by the preliminary review.
These conditions may either be general, or specific in
nature, and will reflect the standards or provisions of the
Tree Preservation policy in conjunction with the City Tree
Ordinance No. 29C.
4. The City may reduce the maximum allowed density under
Density zoning or the planned Unit Development on
developments that have significant trees, where such
reduction would save all or part of such significant trees.
Any Required Significant Trees: The City Council may
require the clustering of dwellings in the form of
townhouses, quads, apartments or similar uses, where it is
necessary to preserve significant trees.
5. Compliance to these condi tions will be verified by
Staff review of the appropriate plans prior to building
construction.
, V. Tree & Site Related Disturbances.
A. Tree protection zones, specimen trees or stands of trees
designated to be saved must be protected from the following
damages which may occur during all phases of land disturbance
and construction processes. Methods of tree protection and
disturbance prevention are provided in Section IV.
1. Direct physical root damage
2. Indirect root damage
3 . Trunk and crown disturbance
B. Direct physical root damage most frequently o c cu r s during
site clearing and grading operations, where transport or feeder
roots are cut, torn, or removed.
1. Transport and feeder roots tend to tangle and fuse
among the roots of adjacent trees. The removal of trees
with heavy machinery along the outer periphery of a tree
save area causes root damage.
2. The most substantial form of root damage for all root
types occurs in the form of cut roots. Roots are cut in
grade reduction, or from trenching for underground
: utilities, sanitary sewer, or storm sewer lines.
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3. A more subtle type of root damage is the loss of
feeder roots. Feeder roots normally occur within the
organic laye r, and the surface four ( 4 " ) inches o f top
soil, subsequently, these roots can be easily damaged by
the track action from a single bulldozer pass. The
stripping of top soil within a tree's critical root zone
can totally eliminate its feeder root system.
C. Indirect root damage through site modification can result
from positive grade changes, temporary storage of fill
material, the sedimentation of erosion materials, soil
compaction, and soil chemical changes.
1. Positive grade changes from fill and sedimentation
causes a decrease in soil oxygen levels. An increase in
soil carbon dioxide and other toxic gasses can also occur,
leading to large areas of anaerobic conditions. Anaerobic
soil conditions cause a decrease in the root respiration
process which is essential for the uptake and transport of
minerals and nutrients.
2. Anaerobic soil conditions are also produced by soil
compaction, the increase in soil bulk density with a
decrease in soil spore space. Compacted soil is also
impervious to root penetration, and thus inhibits root
development. Soil .compaction is generally caused by the
weight and vibrations of heavy machinery, vehicle parking,
and the storage of fill and/or construction materials
within the critical root zones of trees.
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3. Changes in soil chemistry will adversely affect tree
survival. The most frequent occurrence is the change
(decrease) in soil acidity by concrete washout. Most trees
native to Anoka County area prefer slightly acidic soils;
concrete residues are highly basic. The leakage or
spillage of toxic materials such as fuels or paints can be
fatal for trees.
D. Trunk and crown disturbances are generally mechanical in
nature and are either caused directly by clearing and grading
machinery, or indirectly by debris being cleared and falling
into trees marked for protection.
1. Common forms of damage include stripped bark and
cambium, spli t trunks, and broken limbs.
2. Damage also occurs from the posting of signs such as
building permits, or survey markers on trees.
3. Indirect damage can be caused by the placement of burn
holes or debris fires too close to trees. The possible
range of damages include scorched trunks with some cambial
dieback, the loss of foliage due to evaporative heat stress
(leaf desiccation) , and completely burned trunks and
crowns.
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VI. Methods of Tree Protection.
A. Planning and considerations. Tree space is the most
crit~cal factor in' tree protect~on throughout the development
process. The root system of trees can easily extend beyond the
dripline of the tree canopy (Figure 3). The root system within
the dripline region is generally considered to be the critical
root zone. Disturbance within this zone can directly affect a
tree's chances. With reference to root zones, the following
standards shall apply:
l. The use of tree save islands and stands is encouraged
rather than the protection of individual (non-specimen)
trees scattered throughout a site. This will facilitate
ease in overall site organization as related to tree
protection.
2. The protective zone of specimen trees or stands of
trees or otherwise designated tree save areas shall include
no less than the total area beneath the tree(s) canopy as
defined by the farthest canopy dripline of the tree(s). In
some instances, the City Forester may require a protective
zone in excess of the area defined by the tree's dripline.
3. Layout of the project site utility and grading plans
shall accomodate the required tree protective zones.
utili ties must be placed along corridors between tree
protective zones.
4. Construction site activities such as parking, material
storage, concrete washout, hole placement, etc., shall be
arranged so as to prevent disturbances within tree
protective zones.
5. No disturbance shall occur within the protective zone
of the specimen trees or stands of trees without prior
approval by the City Forester.
B. Protective Barriers.
l. Active protective tree fencing shall be installed
along the outer edge of and completely surrounding the
critical root zones of all specimen trees or stands of
trees, or otherwise designated tree protective zones, prior
to any building construction.
2. These fences will be a minimum four ( 4 ' ) feet high.
Four ( 4' ) feet orange polyethelyne laminar safety fencing
is acceptable ( F i gu r e 4).
3. Passive forms of tree protection may be utilized to
delineate tree save areas which are remote from areas of
land disturbance. These areas must be completely
surrounded with continuous rope or flagging (heavy mil -
minimum four [4" ] inches wide) . All passive tree
protection must be accompanied by "Keep Out" or "Tree Save"
signage (Figure 5) .
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4. All tree protection zones should be designated as such
with "Tree Save Area" signs posted visibly on all sides of
the fenced area. These signs are intended to inform
subcontractors' of the tree protection process. Signs
requesting subcontractor cooperation and compliance with
tree protection standards are recommended for site
entrances.
5. All tree fencing barriers must be installed prior to
and maintained throughout building construction and should
not be removed until completion of construction and until
landscaping is installed.
C. Encroachment. Most trees can tolerate only a small
percentage of critical root zone loss. If encroachment is
anticipated within the critical root zones of specimen trees,
stands of trees, or otherwise designated tree protective zones,
the following preventive measures shall be employed:
1. Clearing Activities: Roots often fuse and tangle
amongst trees. The removal of trees adjacent to tree save
areas can cause inadvertent damage to the protected trees.
Wherever possible, it is advisable to cut minimum two (2')
foot trenches (e.g., with a "ditch-witch") along the limits
of land disturbances, so as to cut, rather than tear,
roots.) Directionally felling trees outward into
disturbance areas and grinding stumps is also acceptable.
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J 2. It is very strongly suggested that all clearing in oak
stands be done before May 1st and after July 1st of each
season. This will help to keep the inadvertent wounding of
trees with the consequential spread of oak wilt. If -
clearing has to be done at this time, all stumps and
wounded trees shall have the wound areas painted thoroughly
with a tree paint. To be effective, the painting shall be
performed within the same day of cutting. Should oak wilt
get started as a result of construction during the months
of May and June, then the developer/builder shall pay for
all additional oak wilt control measures needed to control
the disease. This is in accordance with the City Tree
Ordinance No. 29C.
3. Where the City Forester/Tree Inspector has determined
that irreparable damage has occurred to trees within tree
protective zones, they must be removed and replaced by the
developer/builder as defined in Section IV(B)9.
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TREE PRESERVATION POLICY
CITY OF ANDOVER
COUNTY OF ANOM
I STATE OF MINNESOTA
APPENDIX A
TECHNICAL TERMS:
Cambium - tissue within the woody portion of trees and shrubs
which gives rise to the woody water and nutrient conducting
system, and the energy substrate transport system in trees.
Cambial dieback - the irreparable radial or vertical interruption
of a tree's cambium, usually caused by mechanical damage, such as
"skinning bark", or from excessive heat.
Coniferous - belonging to the group of cone-bearing evergreen
trees or shrubs.
Critical Root Zone - the rooting area of a tree established to
limit root disturbances. This zone is generally defined as a
circle with a radium extending from a tree's trunk to a point no
less than the furthest crown dripline. Disturbances within this
zone will directly affect a tree's chance for survival.
Deciduous - not persistent; the shedding of leaves annually.
Feeder roots - a complex system of small annual roots growing
/ outward and predominantly upward from the system of "transport
roots". These roots branch four or more times to form fans or
mats of thousands of fine, short, non-woody tips. Many of these
small roots and their multiple tips are 0.2 to Imm or less in
diameter, and less than 1 to 2mm long. These roots constitute
the major fraction of a tree's root system surface area, and are
the primary sites of absorption of water and nutrients.
Major Woody Roots - first order tree roots originating at the
"root collar" and growing horizontally in the soil to a distance
of between 3 and 15 feet from the tree's trunk. These roots
branch and decrease in diameter to give rise to "rope roots".
The primary function of major woody roots include anchorage,
structural support, the storage of food reserves, and the
transport of minerals and nutrients.
Root Collar - the point of attachment of major woody roots to the
tree t=unk, usually at or near the groundline and associated with
a marked swelling of the tree trunk.
Root Respiration - an active process occurring throughout the
feeder root system of trees, and involving the consumption of
oxygen and sugars with the release of energy and carbon-dioxide.
Root respiration facilitates the uptake and transport of minerals
and nutrients essential for tree survival.
. 7-07-92
10
Rope Roots - an extensive network or woody second order roots
arising from major woody roots, occurring within the surface 12
, to 18 inches of local soils, and with an average size ranging
from .25 to 1 inch in diameter. The primary function of rope
roots is the transport of water and nutrients, and the storage of
food reserves.
Soil Compaction - a change in soil physical properties which
includes an increase in soil weight per unit volume, and a
decrease in soil pore space. Soil compaction is caused by
repeated vibrations, frequent traffic and weight. As related to
tree roots, compacted soil can cause physical root damage, a
decrease in soil oxygen levels with an increase in toxic gasses,
and can be impervious to new root development.
Transport Roots - the system for framework of tree roots
comprised of major woody roots and rope roots.
J
- 7-07-92
11
TREE PRESERVATION POLICY
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
APPENDIX B
RECLAMATION OF THE GROWING SITE:
l. A tree's ability for adequate root development, and
ultimately its chances for survival, are improved with
reclamation of the growing site.
a. Whenever possible, the soil should be brought back
to its natural grade. Unnecessary fill, erosion
sedimentation, concrete washout, and construction
debris should be removed. When machinery is required
for site improvement, it is recommended that a "bob-
cat" or similar light weight rubber tire vehicle be
used so as to minimize soil compaction.
,
. 7-07-92
12
CITY OF ANDOVER
COUNTY OF ANOKA
J STATE OF MINNESOTA
APPENDIX C
CHECKLIST FOR TREE PROTECTION PLAN:
Contact the City of Andover Forestry Department (Public Works
Department) at 755-8118 for a Site Inspection upon completion of
landscape installation.
1. Tree Protection Plans.
a. provisions for tree protection on the site shall be,
as minimum, in conformance with the requirements of the
City of Andover Tree Preservation Policy in conjunction
with the City Tree Ordinance No. 29C.
b. A Tree protection Plan shall be submitted either as
part of the Landscape plan, preliminary Plat, or as a
separate drawing, to include the following:
(I) All tree protection zones
(2 ) Approximate location of all specimen trees or
stands of trees
(3 ) Approximate location of all specimen trees when
} their preservation is questionable, or might
result in a change of the site design
( 4 ) Indicate those specimen trees to be removed.
removal of specimen trees is subject to City
Forester approval.
( 5) Limits of clearing and land disturbance such as
grading, trenching, etc. where these disturbances
may affect tree protection zones.
(6 ) Proposed location of underground utilities.
( 7 ) Methods of tree protection shall be indicated for
all tree protection zones, aeration systems,
staking, signage, etc.
(8 ) The plan should indicate staging areas for
parking, material storage, concrete washout, and
debris burn and burial holes where these areas
might affect tree protection.
C. The following notes shall be indicated on both tree
protection plans and grading plans in large letters:
(1 ) Contact the City Forestry Department ( Public
Works Department) at 755-8118 to ~rrange a pre-
construction conference with the City
Forester/Tree Inspector prior to any land
disturbance.
(2 ) All tree protection measures shall be installed
prior to building construction.
.
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CITY OF ANDOVER
,
. COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 214
An ordinance repealing Ordinance No. 29, adopted August 11, 1975; Ordinance No. 29A,
adopted November 6,1979; Ordinance No. 29B, adopted February 7,1989; and
Ordinance No. 29C, adopted July 7,1992.
AN ORDINANCE RELATING TO THE PRESERV A nON OF SHADE TREES AND
THE PREVENTION OF EPIDEMIC DISEASES ASSOCIATED WITH SHADE TREES
WITHIN THE CITY OF ANDOVER.
SECTION 1. DECLARATION OF POLICY.
The City Council of the City of Andover has determined that the health ofthe elm, pine
and oak trees within the City are threatened by fatal diseases known as Dutch Elm
disease, Oak Wilt disease and Pine Bark Beetle (Ips Pini). It has further determined that
the loss of Elm, Oak and Pine trees growing upon public and private property would
substantially depreciate the value of property within the City, and impair the safety, good
order, general welfare and convenience of the public, It is declared to be the intention of
'. the City Council to preserve shade trees as well as to control and prevent the spread of
these diseases and other epidemic diseases of shade trees by enacting this ordinance in
conjunction with the Tree Preservation Policy.
SECTION 2. POSITIONS CREATED.
2.1 Forester. The position of Forester is hereby created within the City.
2.2 Tree Inspector. The position of Tree Inspector is hereby created within the
City. The Tree Inspector must be certified by the Minnesota Commissioner of
Agriculture.
2.3 Duties of Forester or Tree Inspector. It is the duty of the Forester/Tree
Inspector to coordinate, under the direction and control of the Council, all
activities of the City relating to the control and prevention of Dutch Elm and Oak
Wilt diseases, the spread ofthe Pine Bark (Ips Pini) Beetle, and other epidemic
diseases of shade trees.
SECTION 3. TREE COMMISSION.
3.1 Commission Created. The City Council hereby authorizes the establishment
of a Tree Commission which shall consist of seven (7) members who are residents
of the City and who shall be appointed by the Mayor with the approval of the City
1
, Council. Three (3) members shall serve a one (1) year term and four (4) members
shall serve a two (2) year term. Each succeeding term shall be for two (2) years.
Each member is eligible for re-appointment at the end of their term. Members of
the Commission shall serve without compensation.
3.2 Duties of Tree Commission. The Tree Commission will assist the
Forester/Tree Inspector in establishing and prioritizing control areas, promulgate
rules, regulations, standards and specifications to be approved by the City
Council, and advise the City Council of appropriate actions.
SECTION 4. EPIDEMIC DISEASE PROGRAM.
4.1 Intent. It is the intention of the Council to conduct a program of plant pest
control pursuant to the authority granted by Minnesota Statutes 1961, Section
18.022, as amended, directed at the control and elimination of Dutch Elm and Oak
Wilt disease fungus, and Pine Bark Beetles, and elimination of other tree diseases,
and is undertaken at the recommendation of the Minnesota Commissioner of
Agriculture.
SECTION 5. NUISANCES DECLARED.
5.1 Nuisances. The following are public nuisances wherever they may be found
\ within the City of Andover:
/
A. Any living or standing elm tree or part thereof infected to any
degree with the Dutch Elm disease fungus Ceratocystis Ulmi
(Buisman) Moreau or which harbors any of the elm bark beetles
Scolytus Multistreatus (Eichh) or Hylungopinus Rufipes (Marsh).
B. Any dead elm tree or part thereof, including logs, branches,
stumps, firewood or other elm material from which the bark has
not been removed or sprayed with an effective elm bark beetle
insecticide, except that the stockpiling of bark bearing elm wood
shall be permitted during the period from September 15th to April
1 st of any year.
C. Any living or standing northern red oak, Quercus Rubra, northern
pin oak, Quercus Ellipsoidalis, black oak, Quercus Velutina, and
scarlet oak, Quercus Coccinea or part thereof infected to any
degree with the oak wilt disease Ceratocystis Fagacearum.
D. Any living or standing white oak, Quercus alba, bur oak, Quercus
macrocarpa, and swamp white oak, Quercus bicolor that poses a
threat of transmission of the oak wilt fungus to other trees of the
) same species through interconnected root systems.
2
E. Any diseased material of the red oak group wilting in July or
/ August of one year declared to be hazardous the following spring,
from April 15 until July 1.
F. Any recently cut pine tree slash that is or is not part of a slash
treatment for trapping Ips Pini.
SECTION 6. INSPECTION AND INVESTIGATION.
6.1 Annual Inspection. The Forester/Tree Inspector shall inspect all premises
and places within the City of Andover as often as practicable to determine
whether any condition described in Section 5 exists thereon.
A. The Forester/Tree Inspector shall investigate all reported incidents
of infestation by Dutch Elm fungus or elm disease on all those
premises and places within the City at least three (3) times during
the growing season to determine whether any condition described
in Section 5 (A) and (B) exists.
B. The Forester/Tree Inspector shall investigate all reported incidents,
premises and places of infestation by oak wilt, pine bark beetles or
other diseases of shade trees as many times as necessary to
determine whether any condition described in Section 5 (C-E)
exists.
)
6.2 Entrv on Private Premises. The Forester/Tree Inspector or its duly
authorized agents may enter upon private premises at any reasonable time for the
purpose of carrying out any of the duties assigned to them under this ordinance.
6.3 Diagnosis.
A. City Forester/Tree Inspector shall make the initial identification of
an infected area whenever possible.
B. The property owner or contractor, as advised by the Forester/Tree
Inspector, shall within forty-eight (48) hours send appropriate
specimens or samples to the Minnesota Commissioner of
Agriculture, University of Minnesota or any State certified testing
lab for analysis. Except as provided in Section 8, no action to
remove infected trees or sod shall be taken until positive diagnosis
of the disease has been made.
C. It is the responsibility of the property owner or contractor to notifY
the City of the results of the diagnosis in writing. Notification to
the City must be done within seven (7) days ofreceipt of the
diagnosis.
3
SECTION 7. ABATEMENT OF EPIDEMIC TREE DISEASE
NUISANCES.
In abating the nuisance defined in Section 5, the Forester/Tree Inspector shall
cause the infected tree or wood to be sprayed, removed, burned (by permit only),
chipped or otherwise effectively treated so as to destroy and prevent as fully as
possible the spread of epidemic diseases of shade trees, including, but not limited
to, the Dutch Elm disease and the associated elm bark beetles, Oak Wilt disease
fungus, or Pine Bark beetles.
To prevent root graft transmission of the diseases, a barrier may be created
between diseased and healthy trees, either by treating the soil surrounding the
trees with a chemical approved by the Minnesota Department of Agriculture or the
University of Minnesota, or by digging a trench at least fifty-two (52) inches deep
in the soil to isolate the diseased trees as recommended by the Department of
Agriculture or University of Minnesota. Such abatement procedure shall be
carried out in accordance with current technical and expert opinions and plans as
may be designated by the Minnesota Commissioner of Agriculture or University
of Minnesota.
7.1 Abatement. It is unlawful for any person(s) to permit the spread of a public
nuisance as defined in this ordinance across his or her property lines and in any
specified control areas as established by the City. Such nuisances may be abated
/ in the manner prescribed in Section 8.
SECTION 8. PROCEDURE FOR ABATEMENT OF INFECTED TREES
AND WOOD.
8.1 Written Notification and Prescription. Ifthe diseased tree nuisance as
described in Section 5, Subdivision 1 (A-E) is located on private property the
Forester/Tree inspector shall send a written notification and prescription to the
owner of said property. It shall be the obligation of the property owner to carry
out the prescribed abatement procedure(s) within twenty (20) days from the date
of receipt of the notification from the City unless a written exception is granted by
the Forester/Tree Inspector because of unforeseen physical limitations resulting
from excessive ntlmbers of diseased trees occurring on said property or other
unforeseen hardships as determined by the Forester/Tree Inspector. Such decision
may be appealed to the Tree Commission.
If the owner fails to follow the prescription within the designated time period, the
Forester/Tree Inspector shall "notify the property owner by mail that the
Forester/Inspector will contract for the abatement of the nuisance.
4
, , 8.2 Contract Costs/Charges. The Forester/Tree Inspector shall then proceed to
/ contract for the prescribed abatement procedure as soon as possible and shall
report to the City Clerk all charges resulting from the abatement procedures
carried out on such private property. The City Clerk shall list all such charges
along with a City administrative cost against each separate lot or parcel by
September I of each year as special assessments to be collected commencing with
the following year's taxes. Administrative costs as set by City Council resolution
shall be assessed for each parcel and shall be added to each assessment.
8.3 Imminent Danger ofInfestation. If the Forester/Inspector finds that danger
of infestation of epidemic diseases in shade trees is imminent, he/she shall notify
the abutting property owners by mail that the nuisance will be abated within a
specified time.
8.4 Boulevard Trees. In the case of existing boulevard trees, notices will be
mailed to the owner of the abutting property as previously described in Section 8,
Subd. I and 2. The owner of said property shall abate the nuisance.
8.5 Stump Removal. Stumps from infected trees on boulevards shall be
removed by a machine, grinding up stumps to six (6") inches below ground level,
or digging up the total stump. The removal of stumps shall occur within six (6)
months of notification by the ForesterfTree Inspector.
/ 8.6 Assessments. All assessments levied for the repayment of tree disease
abatement cost may be repaid over a five (5) year period. Such assessments shall
be levied under authority granted by Minnesota Statutes 429.101.
SECTION 9. SPRAYING TREES,
Whenever the Forester/Tree Inspector determines that any tree or wood within the City of
Andover is infected with disease, he/she may require spraying all nearby high value trees
with an effective disease destroying concentrate. Spraying activities authorized by this
Section shall be conducted in accordance with technical and expert opinions and plans of
the University of Minnesota or the Minnesota Commissioner of Agriculture and under the
supervision ofthe University of Minnesota or the Minnesota Commissioner of
Agriculture, or agents thereof, whenever possible.
/
5
SECTION 10. TRANSPORTING WOOD PROHIBITED (EPIDEMIC
/ DISEASED WOOD).
It is unlawful for any person to transport within the City any diseased wood that is
determined to be hazardous as described in Section 5, without having obtained a permit
from the Forester/Tree Inspector. The Forester/Tree Inspector shall grant such permits
only when the purpose of this ordinance will be served thereby. The transportation of
diseased wood within the City to an approved disposal site shall be allowed without a
permit.
SECTION 11. LICENSE REQUIREMENTS.
It shall be unlawful for any individual, partnership or corporation to conduct as a business
for profit the cutting, trimming, pruning, removing, spraying or otherwise treating of
trees, shrubs or vines in the City of Andover without first having secured a license from
the City to conduct such business.
11.1 Application. Application for a license under this ordinance shall be made at
the office of the City Clerk of the City. Fees shall be set by City Council
resolution.
11.2 Aoolication Form. The application for a license shall be made on a form
approved by the City which shows, among other things, the name and address of
/ the applicant, the number and names of the employees of the applicant, the
number of vehicles of the applicant, together with a description and license
number of each, and the type of equipment proposed to be used.
11.3 Liability Insurance. No license or renewal of a license shall be granted,
nor shall the same be effective, until the applicant has filed with the City Clerk a
Certificate ofInsurance evidencing the holding ofliability insurance and the limits
required by Minnesota State Statutes and proof of Worker's Compensation
Insurance.
A. The City shall be named and the insurance provided shall include
the City as an additional party insured. Said policy shall provide
that it may not be canceled by the insurer except after ten (10)
days written notice to the City, and if such insurance is so
canceled and licensee shall fail to replace the same with another
policy conforming to the provisions of this ordinance, said license
shall be automatically suspended until such insurance shall have
been replaced.
/
6
11.4 Chemical Treatment ReQuirements. Applicants who propose to use
chemical substances in any activity related to treatment or disease control of trees,
shrubs or vines shall file with the City Clerk proof that the applicant or an
employee of the applicant administering such treatment has been certified by the
Agronomy Division of the Minnesota Department of Agriculture as a
"commercial pesticide applicator". Such certification shall include knowledge of
tree disease chemical treatment.
SECTION 12. PROTECTION OF TREES.
A Tree Protection Plan is to be submitted by all developers, builders and soil disturbance
project area facilitators in accordance with the City of Andover Tree Preservation Policy.
SECTION 13. INTERFERENCE PROHIBITED.
It is unlawful for any person to prevent, delay or interfere with the Forester/Tree Inspector
or their designated agents while they are engaged in the performance of the duties
imposed by this ordinance. (Amendment 214A, 07/01/97)
SECTION 14. SEVERABILITY.
If any section, subdivision, sentence, clause or phrase of this ordinance is for any reason
held to be unconstitutional, such decision shall not affect the validity of the remaining
/ portions of this ordinance. The Council hereby declares that it would have passed this
ordinance, any section, subdivision, sentence, clause or phrase thereof, irrespective of the
fact that anyone or more sections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
SECTION 15. PENALTY.
Any person, firm or corporation who violates any section of this ordinance shall be guilty
of a misdemeanor and upon conviction thereof, shall be punished as defined by State
Law.
SECTION 16. EFFECTIVE DATE:
This ordinance is effective from and after its passage and publication.
Adopted by the City Council of the City of Andover this 6th day of Mav. 1997.
ATTEST: CITY OF ANDOVER
/s/ Victoria Volk /s/ J. E. McKelvey
Victoria Volk, City Clerk J. E. McKelvey, Mayor
7
CITY OF ANDOVER
REQUEST FOR CITY COUNCILlP&Z ACTION
/
DATE: May 22. 2001
AGENDA SECTION ORIGINATING DEPARTMEN~
Discussion Community Development
ITEM NO.2 {L
Wetland Buffer Ordinance David L. Carlberg
Community Development Director
REQUEST
The City Council and the Planning and Zoning Commission are requested to review and discuss the
Wetland Buffer Ordinance.
The City Council in reviewing residential urban development projects over the past year has stated
concerns of homes being built to close to wetlands and the need to provide more usable back yard space.
A recent discussion by the Council regarding a variance request to the required wetland buffer strip (A
16.5' buffer strip is required) also indicated Council concern in protecting wetlands as well as
) reconfirming the desire to provide for a proper separation between the newly constructed home and the
delineated wetland.
Currently, the Andover Review Committee can administratively approve alternative standards
(variances) as a part of the preliminary plat process as provided in Section 4, Variance requests not
handled as a part of the preliminary plat review process are processed as a variance in accordance with
Ordinance No.1 0, Section 17 (i.e. Windschitl variance request). Section 17 has been attached for
Council/Commission review.
NOTE: A representative of the Coon Creek Watershed District has been asked to attend the meeting to
answer questions related to the 1991 Wetland Conservation Act. Confirmation of the attendance has not
been received at the time ofthe writing of this report,
Attached is Ordinance No. 114, An Ordinance Establishing Buffer Strips and Standards for the
Protection of Wetlands for Council/Planning and Zoning Commission review and discussion.
Back~round (Historv)
The Wetland Buffer Ordinance was adopted by the City Council on July 16, 1996. The Ordinance was
created to fulfill an objective of the Council in a Mission Statement developed in 1995. The objective,
in part, was to develop wetland conservation measures and standards to protect wetlands.
Focus of Discussion
" Council/Commission discussion on this item should focus on the merits of providing wetland buffer
strips and the procedure in which they are varied from. Discussions related to providing more usable
back yard space should be considered under the item on buildabilty, next on the agenda. The Council
and Commission should be aware that the granting of variances to the 100' buildability requirement in
most cases also requires a reduction or variation to the required wetland buffer strip. By holding to the
100' buildability requirement, encroachments into the wetland buffer strip will be greatly reduced.
Action Requested
The City Council and Planning & Zoning Commission are requested to affirm the current ordinance and
related review procedures or provide direction to Staff on modifications to the ordinance and related
procedures.
CITY OF ANDOVER
ANOKA COUNTY, MINNESOTA
ORDINANCE NO. 114
AN ORDINANCE ESTABLISHING BUFFER STRIPS AND STANDARDS FOR THE
PROTECTION OF WETLANDS
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings and Intent.
This ordinance hereby incorporates by reference the Wetlands Conservation Act of 1991
[Minn. Stat. 103G.221 et seq. (herein after referred to as the WCA)] and any future
amendments adopted by the legislature. All wetlands and activities shall comply with
those regulations as adopted under the WCA.
The City finds it necessary to regulate the use of lands surrounding wetlands. Buffer
strips, are necessary and beneficial to maintaining the health of wetlands, These strips of
land surrounding wetlands protect their shorelines from erosion, while serving to filter
sediment, chemicals and other nutrients before storm water discharges into the wetland.
Buffer strips are also beneficial in providing habitat for wildlife.
It is the intent of this ordinance to establish and maintain a buffer strip that abuts all -,
wetlands that may be left undisturbed, or is of natural condition,
Section 2. Purpose and Implementation.
Through the adoption and enforcement of this ordinance, the City shall promote the
general health, safety, and welfare of its residents by both conserving and protecting
wetland resources of the City. The City seeks to accomplish the following purposes:
(a) To satisfY all of the requirements of the Wetlands Conservation Act of 1991
as amended;
(b) To balance the needs to preserve and protect natural resources and systems
with both the rights of private property owners and the need to support the
efficient use of developable land within the City;
(c) To promote water quality by maintaining the ability of wetlands to recharge
ground water and receive the discharge of ground water, to retain sediment
I
and toxicants and filter and strip nutrients from surface water runoff before
, it discharges into community lakes and streams, thus avoiding the
contamination and eutrophication of these water features; and
(d) To provide wildlife habitat and thereby support the maintenance of diversity
of both plant and animal species within the City.
Section 3. Definitions.
Buffer Strip
A one rod (16,5 feet or 5 meters) wide area abutting a wetland that shall be left
undisturbed or in its natural condition during the development, building and landscaping
phases.
Wetland (5)
Lands transitional between terrestrial and aquatic systems where the water table is usually
at or near the surface or the land is covered by shallow water, For the purposes of this
definition, wetlands must:
; (1) have a predominance of hydric soils;
(2) be inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support a prevalence ofhydrophytic vegetation typically
adapted for life in saturated soil conditions; and
(3) under normal circumstances support a prevalence of such hydrophytic vegetation. -.
Section 4. Wetland Buffer Strips and Setbacks.
For lots of record created after the adoption of this ordinance, a buffer strip shall be
established abutting all wetlands. The buffer provisions of this ordinance shall not apply
for developments that have paid the preliminary plat fee (As Established in Ordinance
No. 10, Section 7,02 - Procedures for Platting and Subdividing Tracts of Land) to the
City within 30 days after the adoption of this ordinance.
Buffer strips shall be established and maintained in accordance with the following
requirements:
(a) Buffer strips shall be identified within each lot by active protective fencing
approved by the City. The developer shall be responsible for the placement of
the fencing. A one rod (16.5 feet or 5 meters, measured linear) wide
i undisturbed buffer strip shall be maintained abutting all wetlands during the
development and building phases.
2
(b) Wetland buffer strips shall apply to all wetlands,
Recognizing that there are instances where because of the unique physical characteristics
of a specific parcel of land, narrower buffer strips may be necessary to allow for the
reasonable use of the land and to allow for the natural functioning of the wetland, The
Andover Review Committee may approve alternative standards, based on an assessment
of the following:
(a) Size of the parcel,
(b) Existing roads and utilities,
(c) Percentage of parcel containing wetlands, and
(d) Configuration of wetlands on parcel.
The Andover Review Committee will evaluate the appropriateness of using the
alternative standards as part of its review, An applicant must receive Andover Review
Committee approval through either of these review processes prior to submitting a
preliminary plan or plat application that applies the alternative buffer strip standards.
Active protective fencing shall be installed by the developertbuilder along the most
upland edge of all wetland buffer strips prior to any development and/or building
construction. These fences will be a minimum of three (3) feet high. Geotextile fabric
fencing (silt fence) is acceptable as long as it meets MNDOT 3733 Type 3.
'. J All fencing barriers must be installed prior to and maintained throughout development
and/or building construction. All fencing barriers shall not be removed until construction
and/or development has been completed and all landscaping has been installed.
-.
It shall be the responsibility of the builder or property owner to remove all fencing
barriers once the lot has been landscaped (sod and/or seed established). The fencing
barriers are intended to inform the developer, builder and property owner of the wetland
buffer strip protection process.
Section 5. Exemptions.
1) City initiated projects (i.e. trails, roads, etc.) may be exempt from the wetland
buffer strip requirements.
2) No height requirements shall apply to grass and weeds that are located in the
buffer strip.
3
Section 6. Wetland Buffer Strip Protection Plan,
A Wetland Buffer Strip Protection Plan shall be submitted either as part of the Grading,
Drainage and Erosion Control Plan or as on a separate drawing, to include the following:
(1) Location of all wetlands.
(2) Location of wetland buffer measures.
(3) Location of buffer stripes).
(4) All required setbacks from the buffer strip(s),
The following notes shall be indicated on the wetland buffer strip plan in large letters:
(1) Contact the City prior to any land disturbance,
(2) All wetland buffer strip protection measures shaIl be installed prior to
development and/or building construction.
Section 7. Variances.
(a) Requests for variances shall be made in accordance with the procedures and
requirements set for in Ordinance No, 10, Section 17.
/
(b) Variances may only be granted when the standards and criteria set forth in
Ordinance No. 10, Section 17 have been met. Variances shall not be granted
which would circumvent the intent and purposes of this ordinance.
-.
Section 8. Inspection and Investigation.
The City Administrator or its duly authorized employees shall inspect all premises and
places within the City of Andover as often as practicable to determine whether any
condition described in this ordinance exists. The inspector shall investigate all reported
wetland incidents.
Section 9. Penalty.
A General Notice will be given to any developer, builder, or property owner who fails to
comply with the provisions of this ordinance. The Notice will state the following
information:
1) The violation.
2) Items or work to be completed in order to comply.
3) Date work to be completed.
4
Failure to comply with this Notice will result in a order to stop work on the site,
Any person (firm, or corporation) who violates any section of this ordinance or shall
obstruct staff or their representatives from carrying out their duties, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished as defined by State Law,
Adopted by the City Council of the City of Andover on this _.l.Q1h... day of _hlh::_, 1996.
A ITEST: CITY OF ANDOVER
LL~ d~' n. { ty);/ J/.;L
X'
I' e/'
(/
Vicki V olk, City Clerk 1. E. McKelvey, Mayor
/
-.
5
SECTION 17. VARIANCES.
I
17.01 Hardship. The Council may grant a variance from the requirements of this
Ordinance as to specific tracts ofland where it is shown that by reason of topography or
other physical conditions strict compliance with these requirements could cause an
exceptional and undue hardship to the enjoyment of a substantial property right; provided,
that a variance may be granted only if the variance does not adversely affect the adjacent
property owners and Comprehensive Development Plan or the spirit and intent 6fthis
Ordinance. (IOC, 10-17-78)
17.02 Procedure. Written application for a variance shall be filed with the Clerk, and
shall State fully all facts relied upon by the applicant. The application shall be
supplemented with maps, plans or other data which may aid in an analysis of the matter.
The application shall be referred to the Planning Commission for its recommendation and
report to the Council.
17.03 Council Action. No variance shall be granted by the Council unless it shall
have received the affirmative vote of a majority of the full Council.
SECTION 18. VIOLATION AND PENALTY. Any person, form or
corporation violating any of the provisions of this Ordinance shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished as defined by State Law.
I (10C,10-17-78)
The platting, replatting, subdividing or conveyance ofland not in accordance with the
requirements of this Ordinance may be enforced by mandamus, injunction, or any other
appropriate remedy in any court of competent jurisdiction.
SECTION 19. REPEAL. All Ordinances or portions thereof in conflict with
the provisions of this Ordinance are hereby repealed.
SECTION 20. EFFECTIVE DATE. This Ordinance shall take effect and be in
force from and after its passage and publication.
Passed by the Council this 15th day of February. 1972.
/s/ Lou Applebv
CHAIRMAN
ATTEST:
/s/ Mary L. West
CLERK
Amended thru 10Z, 9-16-97
Amended thru 10AA, 3-4-98; 10BB, 8-4-98; 10CC, 4-20-99; 10DD, 8-3-99
32
4/3
\ CITY OF ANDOVER
/
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.C1.ANDOVER,MN.US
TO: Mayor and Councilmembers
CC: John Enrr. City AdrrUni'traf
FROM: Scott Erickson, City Engine, ~
SUBJECT: Buildability
DATE: May 22, 2001
Introduction
The issue of "buildability" or how much useable space should be provided on an urban lot has
been discussed numerous times over the past few years. A review of the current ordinance
(Ordinance No. 10, Section 4B) will be provided along with an analysis of its implementation
j and/or variances, which have been granted to it.
Discussion
The criteria defining the geometric design and layout of new subdivisions is found in Ordinance
10, The Subdivision and Platting Ordinance of the City of Andover. Ordinance 10, Section 4B,
identifies the "buildability" requirements for urban lots which have municipal sanitary sewer.
This ordinance section states, "all lots or parcels shall have organic material removed and
replaced with granular material with no more then five (5%) percent organic material by volume
for the front (100') feet of depth of the lot at a minimum width ofthe lot as required for
that zoning district.. ..." An R4 zoning designation requires a min. lot width of 80 ft. which
translates into a minimum of 8,000 sq. ft. of use able area on a standard 11,400 sq. ft. lot.
Although the definition of build ability references soils criteria the interpretation has included the
amount of use able and/or buildable back yard that would need to be provided within a lot. The
100 ft. of buildable depth is measured from the front property (right-of-way) line to the rear of
the lot. As a point of reference the minimum lot depth requirement is 130 ft.. The 100 ft. of the
"buildable" lot provides for the following:
1. Front Yard Set Back Distance 35 ft. (2,800 sq. ft.)
2. Standard Building Pad Depth . 50 ft. (4,000 sq. ft.)
3. Minimum Useable back yard 15ft. (1,200 sq. ft.)
----
-----
TOTAL 100 ft. (8,000 sq. ft.)
The remaining 30ft. (2,400 sq. ft.) of the back yard could be encumbered by ponds, wetlands,
easements, ect... and may not be useable for buildings or activity.
The establishment of the 100 ft. of "buildable" area (minimum requirement) has been utilized by
the City for a number of years. Most of the lots that have had problems have had variances
granted to the 1 OOft. buildable requirement. A five or ten foot variance to a lot will result in little
to no back yard being available. This quite often is a direct result of a storm water pond and/or
wetland located along the rear of the lot.
Action Requested
Discuss the following:
1. Does the 100 ft "buildable" requirement provide the quality of lot the Council is
I comfortable with?
2. Should variances to the 100 ft buildability requirement be granted?
3. Should lots with wetland buffers require an additional 16.5 ft of buildable lot depth
to allow for an undisturbed buffer area and a full 100 ft. of buildable area?
4. Reference question #3. Should this same buildability requirement apply to lots
adjacent to storm water ponds?
5. What are Council's thoughts relative to wetland "buffer" protection once the
property is sold and occupied? Under current ordinance, the buffer only exists
during the platting, development and building phase of construction, after which
the "buffer" no longer is enforceable and essentially becomes a part of the
manicured back yard.
R'SPOCtful~'
~~~
City Engineer
Cc:
J
- Examples of Buildability
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/ EstabU.hed In 1062 INVOICE NO.-5fi1OL--
~~ LOT SURVEYS COMPANY, INC. F,B.NO. 868-08
~ LAND SURVEYORS SCALE: 1" =20'
REGISTERED UNDER TilE LAWS OF' STATE OF MINNESOTA 0 O.not.. ~on Monumont
7eOl 73rcS A....nu., Norlh 812-080-3003 a Denote. Wood tlub Set
" rax No. 680-31522 for excovollon only
/ Uluoeapol1.. ),Ilone.ola 015428 xOOO.O Denotes E)(latlng Elevation
g,ur\Jeynrs ctrertifirute e O.nol.. Propo..d Elo.oUon
!"p;li:DVrn ~TA~~Frn SUnVrf ~ ---- Oenolee SLf'foce Drolnoge
MUsr lil, OIl Jilj! SITE NOTE: Propolld grode. on .Ib).cl
TIMl3ER CRF.I:]( IrnF..s fOR FOOTING ;~Hr[CnOn . to reslJte of aob leah.
r It Proposed building Information
I G^R^r.[ FlODR SHAll BE MIN, MUM 18 "".t b. cMck.d wIth opprov.d
I Propety loc;ated in Section ABO'/E EX1STING STnEn (',R,~\nf wITH buUdlng pion and development or
14, TownshIP 32~ Ran~e 24, Mf,XIMIJM SLOPE OF 10 PERCENT. ~dl~:n~~~~. excovatl~n
Anoka County, Mmnesota HaTE: Garage dropped I course '1 '5
~Propoud Top of Block
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f Lot 9, Block 2, alESfERfON aMIlNS NORllI ! MAY? 3 2000 i
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The only easements shown ore hom plula of fecord or lnlormulion {![JlQ 1 (j[Li
pt"ovlded by client.
w. hmby c.,tHy II",' 'hi, I, 0 lou. ond CO",,, '.rr.,.n'ollon of . .
o ,ufvey of the boundaries of the above ducrlDed klnd and the ~
location of all buildings and visihlo 8ncro{lctvlltmls. it tiny. from or 011 SI1Jfl8
soid lond. Cha1es r. Anderson. Mm. Reg. No.21753 or
Surveyed by us this~dtly of May.19!!.. Gregory R. Proach. Mlnn Reg No. 24992
Ealablllhed In'1962
LOT SURVEYS COMPANY. INC. INVOICE NO, 56524
F.B.NO, 865-13
LAND SURVEYORS SCALE: 1" = 30'
REGISTERED UNDER TilE LAlIS OF STATE OF MINNESOTA o Oenol.. "on JJOfUT1lnt
7GOl 73r4 ATenu. Korth 012-000-30D3 o Oenot.. Wood lib Set
r.. No. 000-3022 for IKcovatlon only
I UID.DeapoU.. Mlnn..ot. GO.ZO 1(000.0 oenot.. blt'too Elevation
I &urUty.ors {JJtd i!it'dt e o.not.. Propo..d Elevation
--- Denote. 5l.foo. Dralnagl
I MEDALI ST HOMES NOTE: Propo..d O"od.. cr. IwJ.et
to reNt, of laD t..h.
Propo..d bufkII"9 information
11 Property located In Section mult be chtck~ ...llh approved
14, Township 32, Range 24, bulllln9 pion ond d,voIopmonl ...
l1Jf'odIno pb1 before excavation
Anokl County, Minnesota and conetrucUon. .
Q05.b Propo." Top 0' D...
\SBTH L6.NE N W' ~PrOPO"d Oar... no...
. . M iN.. 1. b Propo..d Low..t rloor ,
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the 001)' tlolemeRI, t1hown ore frOfn ~Qt. of record OJ 1"'ormuUon SI~"dCQ~Q 1 (lQ~
provided by eIlenl.
w. hereby urllly tMt Ihl!'! I'J 0 Ir". and correct repr.unlallo" o'
a .urvey of Ihe boundorlu o' the above ducrlhed Imd ond the
location or 01 bulldlr'9' und vl.lble encrooclwnflnl.. I' on)'. 'rom or on
'1Uld Iund. Charte. r. AndttUon. fJ\m. Rev. Uo.21753 or
Survflyed by UII Ihl!'1~duy 01 April , 2000~ ereQOrV R. Pro.ch. tJlm R"D Nn. 24992
Problems started in) 986 ancl1987:vithCreekridgeplat on South CoonCredc])rive with. .
the swamp in the backyards and the backof the houses right on the edge of it withlittle
or no area to build a patio, deck, or porch. At that time Jim Schrantzaild Idecidedto
tome. up with a buildable pad for. urban lots. This was presented to the City COullcil in
Feb. 1988. Aftera time of discussion itwas decided to use the 1 OO'bliildable. on new
plats. The frrst plat it Was used on was. Bent Creek Estates (Bunker and Coon Creek) in .
the fallof1988,
I
CITY OF ANDOVER
COUNTY OF ANORA
STATE OF MINNESOTA
ORD NO. 10V
AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND
PLATTING ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 10 is hereby amended as follows:
SECTION 4. DEFINITIONS.
BUILDABLE LOTS:
J
No.
~) SEASONAL HIGH WATER MARK is indicated by mottled soils or is the
~, highest anticipated water table.
NOTE: All other portions of Section 4 shall remain as written.
Adopted by the City Council of the City of Andover this 17th day
of November, 1992 .
CITY l AND3':E~
/ /Ct~~~{\_ j~i LC
ATTEST: Kenneth D.'-orttel, Mayor
f-.+-- /.g
fJ./--(--4'U~ {>L
Victoria Volk, City Clerk
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CITY OF ANDOVER
REQUEST FOR CITY COUNCILlP&Z ACTION
/
DATE: May 22. 2001
AGENDA SECTION ORIGINATING DEPARTMENf~
Discussion
Community Development
ITEM NO. 4
2002 Residential Development Projects David L. Carlberg ~
Community Development Director
Staffwill be giving an update on the residential development projects planned for 2002.
,
/
/
CITY OF ANDOVER
REQUEST FOR CITY COUNCILlP&Z ACTION
DATE: May 22.2001
AGENDA SECTION ORIGINA TING DEPARTMEN~C--
Discussion
Community Development
ITEM NO.5 David L. Carlberg ~
Andover Station Update
Community Development Director
Staff will be giving an update on the status of the "Andover Station" development project.
;
.
,