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HomeMy WebLinkAbout10.C.1. Moratorium Temporarily Prohibiting Land Alterations in the City-Ord. No. 864 11 General Business 10. C. 1. SHAKOC'EE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jamie Polley, Parks, Recreation & Natural Resources Director DATE: 01/22/2013 SUBJECT: Moratorium Temporarily Prohibiting Land Alterations in the City - Ordinance No. 864 (B) Action Sought The City Council is asked to adopt Ordinance No. 864 an interim ordinance that will temporarily restrict and prohibit Land Alteration for 180 days in the City. Discussion The City's tree management regulations are within Chapter 11, Zoning, of the City Code. Section 11.60 Subdivision 9 is the tree management regulations. These regulations are currently triggered by any development on a parcel of land containing a tree and for which a preliminary plat, minor subdivision, building permit, conditional use permit, variance, fence permit, or grading permit it required. At this time the act of cutting trees alone does not trigger any of the previously listed permits and therefore does not put into effect the tree management regulations and no tree replacement would be required. As the City's Comprehensive Plan states, the natural features within the City are important to Shakopee because they contribute to the community's identity and bring it recognition and because they provide natural habitat, storm water management and flood control, contribute to air purity, and increase property values. Whether public or private the natural areas shape the City and it's development. Altering the land of natural areas can effect land uses in nearby areas, impair adequate planning and municipal development and diminish public health safety and general welfare. Land Alteration is defined as any private or public infrastructure and utility installation, building construction, excavation, grading, clearing, filling or other earth change that will result in the alteration of land by more than 1 foot from the natural contour of the ground on any contiguous 450 square feet of ground where significant trees are present; or any cutting, removal or killing of more than 10% of the significant trees on any parcel of land. Imposing the 180 day moratorium on land alteration activities will allow staff to revise the tree management regulations if necessary to become in effect any time 10% or more of the significant trees are being removed on a site. If 10% or more of the significant trees are removed on any site during the moratorium the property owner will be subject to City Code Section 11.60, Subdivision 9, Paragraph F. The penalty for unauthorized tree removal is payment to the City of $500.00 for every one (1) DBH inch of trees removed that were unauthorized. Being that the tree management regulations are in the Zoning chapter of the City Code any changes are required to be reviewed by the Planning Commission and the City Council as well as require a public hearing. Relationship to Vision B. Positively manage the challenges and opportunities presented by growth development and change. Action Requested The City Council, if concur, adopt Ordinance No. 864, An Interim Ordinance of the City of Shakopee, Minnesota Establishing a Moratorium Temporarily Prohibiting Land Alteration in the City. Attachments: Ord No 864 ORDINANCE NO. 864, FOURTH SERIES AN INTERIM ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA ESTABLISHING A MORATORIUM TEMPORARILY PROHIBITING LAND ALTERATION IN THE CITY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. Definitions. The following terms, whenever used in this Ordinance, shall be interpreted to mean: Land Alteration - Any private or public infrastructure and utility installation, building construction, excavation, grading, clearing, filling or other earth change that will result in the alteration of land of by more than 1 foot from the natural contour of the ground on any contiguous 450 square feet of ground where significant trees are present; or any cutting, removal or killing of more than 10% of the significant trees on any parcel of land Significant Tree - A deciduous tree measuring six (6) calipher inches (DBH) or more in diameter or a coniferous tree measuring twelve (12) feet or more in height. Section 2. Purpose and Intent: The purpose and intent of this Ordinance is to temporarily restrict and prohibit Land Alteration for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of Shakopee pursuant to Minn. Stat. § 462.355, subd. 4. It is the further intent of this Ordinance to allow the City time to complete an in- depth study of whether the City should regulate Land Alteration and whether the City should adopt land use and zoning regulations or other official controls regulating Land Alteration. Section 3. Temporary Prohibition. Pending the completion of the studies referred to above, no Land Alteration shall occur in the City and no permits, subdivisions, zoning approvals, or grading or building permits shall be accepted, processed, or approved for Land Alteration. Section 4. Exception. The Ordinance does not apply to any application proposing a Development that is governed by the Tree Management Regulations contained in Section 11.60, Subdivision 9 of the City Code. Section 5. Authorization of Study. The City staff is authorized to study issues relating to Land Alteration and to consult with the appropriate advisory boards and 1 commissions to make a recommendation to the City Council with respect to what official controls, if any, should be adopted by the City Council. Section 6. Penalty. Any person violating this Ordinance is subject to the penalties for unauthorized tree removal set forth in City Code Section 11.60, Subdivision 9, Paragraph F. Section 7. Effective Date. Effective Date. This Ordinance is effective from and after its adoption and publication and shall apply to any Land Alteration occurring after January 22, 2013. This Ordinance shall remain in effect until 180 days after its publication unless earlier repealed by the City Council. Adopted in adj. regular session of the City Council of the City of Shakopee, Minnesota held the 22 day of January, 2013. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 2013. 2