Review Landscape and Tree Preservation Plans Associated with the Preliminary Plat Application for Harvest Estates; Case of NIK Management Inc.

The City has received an application for Preliminary Plat review for Harvest Estates, a proposed single family home subdivision consisting of forty-four (44) lots located at 15153 Nowthen Blvd (the "Subject Property"), which is the site of the former municipal center.  The Preliminary Plat submittal includes both a Tree Preservation Plan and Landscape Plan in accordance with City Code.

City Code has standards related to both landscaping and tree preservation requirements.  Single family home developments are required to provide two (2) front yard trees per lot.  Not less than twenty-five percent (25%) of the plantings shall consist of coniferous species.  Deciduous trees shall be at least one (1) inch in caliper and coniferous trees shall be a minimum height of five (5) feet.  In addition to the tree requirements, all disturbed areas not otherwise improved with impervious surfaces (house/garage, driveway, walkways, etc) shall have four (4) inches of topsoil applied prior to establishing the yard.  The boulevard area must be sodded while the remainder of the yard can be established with sod, seed, hydroseed, or other acceptable ground cover.

Residential developments shall retain at least forty percent (40%) of existing significant tree inches on site (stated another way, up to sixty percent [60%] of the existing significant tree inches can be removed).  For every one (1) significant tree inch removed in excess of this threshold, 1.25 inches (diameter) of new trees shall be provided on site, or restitution equal to $125.00 per significant tree inch removed in excess of the threshold, or some combination thereof.  Reforestation plantings can also satisfy the required landscaping, as outlined in the applicable zoning district.

Landscape Plan

The Landscape Plan does provide at least two (2) trees per lot.  All proposed trees exceed the minimum required sizes and there is an appropriate mix of deciduous and coniferous species.  Staff has requested certain revisions to the Landscape Plan, which are identified in the Staff Review Letter attached to this case.

Tree Preservation

The site has 1,435 inches of significant trees (excluding invasive species) and per the Tree Preservation Ordinance, no more than sixty percent (60%) of those inches (861 inches) can be removed without triggering reforestation of 1.25 inches of new trees for every one (1) significant tree inch removed in excess of the threshold.  The project proposes removing 1,360 diameter inches of significant trees, which exceeds the removal threshold by 499 inches.  Thus, a total of 624 inches (1.25 x 499) should be replanted.  The required landscaping of the applicable zoning district (two [2] trees per lot for this project) can be applied toward the reforestation standard. 

The project is proposing to install a total of 160 trees, each being 2.5 inches in diameter, resulting in a total of 400 diameter inches of reforestation trees.  The project appears to be short 224 diameter inches of reforestation trees.  However, the purpose of the Tree Preservation Ordinance, as stated in City Code, is to enhance the community and its citizenry and not to be punitive or to cause hardship to any individual, private or public company.  When considering the existing site, it does not consist of high quality natural areas (it did not even register on the Natural Resources Inventory in 2007) nor does it include natural woodlands, which provide many of the desirable ecological benefits such as wildlife habitat, reduced stormwater runoff (i.e. greater infiltration), reduced soil erosion, and greenway corridors.  Not only does the project propose more trees than would be required if the reforestation standard did not exist, but it also enhances the community by providing additional transitional areas between existing homes and the proposed development, both of which meet the spirit of the requirements.

This is the second time a proposed project has resulted in very large reforestation requirement (whether it is accomplished through additional plantings or a financial payment).  Exemptions were incorporated into the standard to account for certain required improvements, such as stormwater ponds and trails, as well as provisions that would exclude invasive species and/or diseased trees from the removal calculations,.  Additionally, the required landscaping within the applicable zoning district isalso eligible to help satisfy the reforestation standard.  Even after all these considerations, an additional eighty-nine (89) trees (at 2.5 inches) or $28,000.00 in restitution would be needed.  
 
The additional plantings on a project site of this size, or the financial payment to account for the restitution, appears burdensome. Staff believes that a more reasonable application of the reforestation requirement would be to identify the excess inches removed allow that to be reduced by the base landscaping requirements to determine the minimum reforestation inches ([determine excess inches removed and multiply by 1.25] - base landscaping requirements per the applicable zoning district = reforestation quantity in inches).  Staff believes that this method is reasonable, prudent and still meets the intent and purpose of the Tree Preservation Ordinance and will be applying this to projects in the future.

Stormwater Management

The project proposes to utilize storm sewer infrastructure and ponding to address stormwater standards.  It appears that the proposed stormwater management efforts comply with the LRRWMO 3rd Generation Plan.

Alternatives:

Option #1: Recommend approval of the Landscape and Tree Preservation Plans contingent upon compliance with the Staff Review Letter dated March 27, 2015.  The Landscape Plan is generally acceptable with revisions outlined in the Staff Review Letter.  While a majority of the trees on site are proposed for removal, they are not part of a natural woodland area nor are they considered to be a high quality natural area per the NRI.  The reforestation plan will result in larger trees installed initially, provides for transitional areas between the project and existing homes to the north and west, and a greater quantity of trees replanted on the site than just the base landscaping requirement.  Staff believes the plans meet the purpose of the Tree Preservation Ordinance and supports this option.

Option #2: Recommend that the Tree Preservation Plan be revised to provide additional diameter inches of reforestation trees and/or require a financial payment of $28,000.00 (224 inches x $125).  Based on the lot sizes (generally 1/4 acre or so), it may not be desirable to have eighty-nine (89) more trees installed (this number could be even greater if the standard one [1] inch tree were installed) and a payment of $28,000.00 for tree removals could be deemed punitive or burdensome.  Staff believes that the proposed reforestation plan meets the intent and spirit of the Tree Preservation Ordinance and does not support this option.

All costs associated with this request are the responsibility of the Applicant.

Motion to recommend approval of the Landscape and Tree Preservation Plans contingent upon compliance with the Staff Review Letter dated March 27, 2015.