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09.c2 Request to Waive Woodland Preservation Plan for DSES CUP Application - CC Packet 1 | P a g e Date of Meeting: July 15, 2025 To: Honorable Mayor and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: Request to Waive Woodland Preservation Plan Requirements for DSES Conditional Use Permit Application An applicant for a conditional use permit is asking that the requirements established in 153.400.070 Woodland and Tree Preservation be waived based on the history and contents of existing vegetation on a site. REQUEST New Energy Equity (the “applicant”) has made an application for a Distribution Solar Energy System (DSES) for the property located at 11522 Mayberry Trail North. Staff have found the application to be incomplete due to a number of items, one of which is the lack of a Woodland Preservation Plan as required by code. The applicant, has submitted an opinion prepared by Christian Cancino of Energy Support Services, which states they believe the trees and woodlands should not be preserved because they do not fit the definition of a “native plant community in need of preservation.” The applicant has indicated that the four rows of significant trees were planted approximately 40- 45 years ago as agricultural wind breaks. These rows are manmade and do not occur naturally in the landscape. They do not form a contiguous or ecologically significant woodland and are more accurately described as agroforestry features or linear windbreaks rather than native woodlands. The area contains a significant presence of non-native species. The Colorado Spruce, for example, is not native to Minnesota and is not part of the region’s natural woodland ecosystems. Although the Black Spruce is a native species, it was planted for agricultural purposes and does not represent a naturally occurring woodland. 2 | P a g e The rows of trees are also heavily infested with invasive species, including Amur Maple (Acer ginnala), Common Buckthorn (Rhamnus cathartica), Hoary Alyssum (Berteroa incana), and Narrow-leaf Hawksbeard (Crepis tectorum). These infestations have been left unmanaged for over a decade and now pose a threat to surrounding native ecosystems. Although the trees on the site meet the definition of significant trees, the applicant contends that the intent of the Scandia Unified Development Code does not apply to the proposed tree removal and therefore is asking the woodland and tree preservation application requirement be waived. UNIFIED DEVELOPMENT CODE DEFINITIONS AND STANDARDS There are several terms that have specific definitions within the Unified Development Code that apply to the requirements established in 153.400.070 Woodland and Tree Preservation. These are detailed below: • Significant woodland is defined as “a treed area of at least 15,000 square feet or more which includes significant trees.” • Significant trees is defined as “a healthy tree measuring a minimum of 6 caliper inches in diameter or greater (as measured 54 inches above the ground) for all primary deciduous trees, a minimum of 20 caliper inches in diameter or greater for all secondary deciduous trees, or a minimum of 12 feet in height for all native coniferous trees.” • Primary deciduous tree is defined as, “Native deciduous trees.” • Secondary deciduous trees is defined as “Native deciduous trees that are Quaking Aspen (Populus tremuloides), Box Elder (Acer negundo), and Eastern Cottonwood (Populus deltoides).” • Coniferous trees is defined as “A wood plant which, at maturity, is at least 12 feet or more in height, is cone-bearing and has thin needlelike leaves. A Woodland Preservation Plan is required for any application where a landscape plan is required and where significant trees or significant woodlands exist in the proposed construction zone. The proposed project would remove the existing woodlands and trees. According to the Scandia UDC definitions and the report prepared by the Energy Support Services, the site has significant woodlands with significant trees. The area consists of four rows of conifer trees consisting of Colorado Spruce (Picea pungens) and Black Spruce (Picea marian) totaling approximately 182,000 square feet, roughly 45,500 square feet of trees per row. Black Spruce is a native conifer. The site is classified as having significant woodlands because there are over 15,000 square feet of treed areas with significant trees. The trees on the site are classified as significant trees because they are over 12 feet in height. No standard exists in the UDC that states woodlands are not considered significant due to the presence of invasive species or trees that are not considered primary or secondary. 3 | P a g e COUNCIL ACTION If the City Council determines that a woodland and tree preservation plan is not necessary in connection with the conditional use permit application for the proposed DSES, it may exercise its discretion to waive the requirement. Options for the City Council to consider include, but are not limited to: 1. Require the submittal of the woodland preservation plan as established in the UDC, which requires the replacement to be based off the significant woodland. 2. Require the submittal of the woodland preservation plan that only includes the significant trees. 3. Waive the submittal requirements for the woodland preservation plan, as well as the standards in 153.400.070 Woodland and Tree Preservation, including but not limited to the requirement to replace removed trees or provide a payment to the city’s tree fund. The City Council may make a motion to waive the woodland and tree preservation application requirement and standards established in 153.400.070 for the DSES conditional use permit application for the property located at 11522 Mayberry Trail North. Should the City Council choose to waive this requirement, it is recommended that the requirements established in 153.400.070 and the related terms be reviewed by the City Council at a future date to clarify or revise the criteria and when the standards and replacement should apply. Attachments 1. MN CSG 2019-69 LLC Letter Requesting Waived Application Requirement 2. UDC 153.400.070 Woodland and Tree Preservation MN CSG 2019-69 LLC c/o New Energy Equity 2670 Patton Rd, Roseville, MN 55113 July 8, 2025 City of Scandia City Board 14727 209th ST. N. Scandia, MN 55073 Subject: Determination that the Woodland Preservation Plan Requirement in Code Section 153.400.070 for the Barr 1 CSG Project is not applicable to the conditional use permit application To Whom It May Concern, On behalf of MN CSG 2019-69 LLC, the project owner of the Barr 1 Community Solar Garden (CSG), I respectfully submit this letter requesting the City Board determine that the requirement to provide a Woodland Preservation Plan for the proposed project site in Scandia, Minnesota is not applicable. This request is based on the following findings and expert assessments: 1. Windrows Are Not Classified as Significant Woodlands The area identified by the municipality as “woodland” consists of four rows of conifer trees—Colorado Spruce (Picea pungens) and Black Spruce (Picea mariana)—planted approximately 40–45 years ago as agricultural windbreaks. These rows: • Are manmade and not naturally occurring. • Do not constitute a contiguous or ecologically significant woodland. • Are more accurately classified as agroforestry features or linear windbreaks, not native woodlands. 2. Presence of Non-Native and Invasive Species • The Colorado Spruce is non-native to Minnesota and not part of the region’s native woodland ecosystems. • The Black Spruce, while native, was planted for agricultural purposes and does not represent a naturally occurring woodland. • The windrows are heavily infested with invasive species, including: ATTACHMENT 1 o Amur Maple (Acer ginnala) o Common Buckthorn (Rhamnus cathartica) o Hoary Alyssum (Berteroa incana) o Narrow-leaf Hawksbeard (Crepis tectorum) • These infestations have gone unmanaged for over a decade and pose a threat to surrounding native ecosystems. 3. Conservation and Ecological Considerations According to a site assessment conducted by Energy Support Services (ESS), a Minnesota-based vegetation management provider: • The windrows do not meet the criteria for native woodland preservation. • Their removal would benefit local ecosystems by eliminating invasive species and non-native plantings. • Replanting is not recommended, as these rows do not support native biodiversity. 4. Conclusion Given that: • The trees are not part of a significant woodland or grouping of significant trees, • The area is dominated by invasive and non-native species, • The windrows were planted for agricultural utility and not ecological value, We respectfully request that the City of Scandia City Board determine that a Woodland Preservation Plan is not applicable to this project under current code definitions. Thank you for your time and consideration. Sincerely, Jesse Dimond Senior Solar Developer New Energy Equity On behalf of MN CSG 2019-69 LLC Enclosure: Site Assessment by ESS RE: Barr 1 Site Recommendation regarding Woodland Preservation Plan Requirement Representatives from Energy Support Services (ESS), a vegetation management provider in the State of Minnesota, and New Energy Equity (NEE) a solar development and finance company based in Roseville, Minnesota, conducted an initial site survey to the proposed BARR site in Scandia, Minnesota on June 25th, 2025. Findings: • The ‘woodland” that the municipality was talking about is actually four rows of windscreen conifer trees that were planted roughly 40-45 years ago. The tree species planted were Colorado Spruce (Picea pungens) and Black Spruce (Picea mariana) and had a general diameter at breast height (DBH) of 18-20 inches. As one can guess by its common name, The Colorado Spruce is an introduced species from the American West. Although this species is not an invasive threat, it is technically not part of the Native Midwest plant communities and should not be prioritized in a “native woodland preservation”. The other wind screen species, the Black Spruce, is native to the Midwest. However, its endangered status is of least concern and since these trees were planted as agricultural assets they should not qualify as species we preserve. • These windscreen rows have not been managed in at least a decade as they are all heavily overgrown with a myriad of invasive plant species- with large clusters of Amur Maple (Acer ginnala) being the primary infestation within the rows. There are also infestations of Hoary Alyssum (Berteroa incana), Common Buckthorn (Rhamnus cathartica), and Narrow-leaf Hawksbeard (Crepis tectorum) existing around and underneath the massive clusters of Amur maple. Recommendations: • After going over the findings of the site visit and based on previous conservation experience, the ESS Vegetation technician recommends that these windscreen rows not be considered native woodland to preserve and they, along with all the invasive species they’re harboring, be taken down and not replaced. These rows were manmade and not naturally occurring- they also include non-native and invasive tree species that can and probably have negatively impacted the ecosystems surrounding the windscreen rows. Although ESS always wants to put our native plant communities first, these wind screens simply do not fit the definition of a native plant community in need of preservation. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, Last Amended 04.15.2025 (Ordinance No. 2025-05) page-37 setback. If the existing principal structure is located closer than the setback to the lake or river the fence may be constructed even with the lake or river side of the principal structure. Subd. 5. Land Clearing. As established within this UDC the City is defined by the natural vegetation and trees that establish the rural character of the community. The purpose of the standards that follow is to minimize any Land Clearing to the extent possible, while acknowledging that Land Clearing is necessary for development and redevelopment of some properties within the City. (A) Required Permits: Land clearing of an area 20,000 square feet or more is permitted in all Zoning Districts, provided an Administrative Permit is issued. A permit is not required for clearing trees and other woody plants in an area less than 20,000 square feet; clearing activities associated with a construction project if a building permit has been issued, and there is minimal amount of clearing; and subdivisions that have received Final Plat approval. (B) Other Requirements. Land Clearing must comply with all rules and regulations of Federal, State, County and local agencies. (C) Performance Standards. Land clearing must comply with the following: I. No removal of trees located on slopes greater than 25%, or in wooded floodplains, wooded wetlands, and stream corridors is permitted. Trees and woodlands within the Shoreland Management Overlay District and the Lower St. Croix River Corridor Overlay District are subject to the requirements as stated in Chapters 154 and 155 in addition to the regulations of this UDC. II. Construction fences or barricades may be required to be placed at the perimeter of the area to be cleared. III. Erosion and siltation measures must be coordinated with the different stages of clearing. Appropriate control measures must be installed prior to land clearing when necessary to control erosion. IV. Land must be cleared in increments of a workable size so that erosion and siltation controls can be provided as the clearing progresses. The smallest practical area of land should be exposed at any one period of time. V. Restoration. All permits must contain a restoration plan providing for the use of the land after project completion. The following are minimum standards for restoration: a. All disturbed areas must be restored at the completion of the project. b. All restoration must include the application of a minimum of four (4) inches of mineral soil or similar material that will support plant growth. c. All restored areas must be seeded with a mixture recommended by the soil and Water Conservation District unless it is put into forest or row crop production. d. Final grades must be in conformity with the permit and topography of the surrounding land. e. The standards above may be raised or modified to accommodate a specific restoration plan. f. The Zoning Administrator may require the applicant to post a financial guarantee to ensure compliance with the Administrative Permit. 153.400.070 WOODLAND AND TREE PRESERVATION Subd. 1. Summary and Intent. The City has established the importance of protecting the natural vegetation including woodlands and trees as an essential part of its rural character. To ensure that development, redevelopment and /or subdivision of any site appropriately protects the natural vegetation and woodlands the following standards are established. ATTACHMENT 2 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, Last Amended 04.15.2025 (Ordinance No. 2025-05) page-38 Subd. 2. Woodland and Tree Preservation. (A) Purpose. The preservation and protection of trees and woodlands can significantly add to the quality of the physical environment of the community. The City recognizes the value of trees and woodlands for improving air quality, scenic beauty, protection against wind and water erosion, shade, natural insulation for energy conservation, wildlife habitat, and protecting the integrity of the natural environment. (B) Applicability. I. A Woodland Preservation Plan is required for: a. Any Preliminary Plat where significant trees or significant woodlands exist in the proposed construction zone. b. Any Minor Subdivision where significant trees or significant woodlands exist in the proposed construction zone. c. Any Landscape Plan as required Section [153.400.060] where significant trees or significant woodlands exist in the proposed construction zone. II. A Woodland Preservation Plan is not required for: a. Removal of Diseased Trees. All diseased, hazardous, dead and dying trees may be removed. b. Removal of invasive tree species. Invasive tree species are encouraged to be removed and chemically treated with appropriate herbicides and application methods to discourage re- sprouting and minimize ecological impacts. III. Woodland Preservation Plan Requirements. a. All Woodland Preservation Plans must be certified by a forester, ecologist, landscape architect or other qualified professional retained by the applicant. b. The Woodland Preservation Plan must include the following information: i. Boundary lines of the property with accurate dimensions as established by survey. ii. Location of existing and proposed buildings, structures, parking lots, roads, impervious surfaces and other improvements. iii. Proposed grading plan with two-foot contour intervals and limits of the construction zone. iv. Location of all significant woodlands, area in square feet and acres, and description of natural community type or predominant canopy tree species, identified in both graphic and tabular form. v. Location of all existing significant trees, size by caliper inch, scientific name, and common name for all areas of the site identified in both graphic and tabular form. vi. Location of significant trees and significant woodlands proposed to be removed within the construction zone, identified in both graphic and tabular form. vii. Measures to protect significant trees and significant woodlands, as required by Section this Section and Section [153.400.070]. viii. Size, scientific name, common name, and location of all replacement trees proposed to be planted on the property to replace significant trees and/or significant woodlands proposed to be removed. ix. The name(s), telephone number(s), and address(es) of Applicants, property owners, developers, and/or builders. x. Signature and qualifications of the person preparing the plan. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, Last Amended 04.15.2025 (Ordinance No. 2025-05) page-39 IV. Significant Tree Replacement. All significant trees removed must be replaced by the applicant as determined by the tree replacement schedule. Option A, B or C, or some combination may be proposed by the applicant. The list of coniferous, primary and secondary deciduous tree species is included in Section [153.400.060]. Table 153.400.070-1. Significant Tree Replacement Schedule Tree Replacement Schedule. Size of Tree Damaged or Destroyed Number of Replacement Trees A B C Deciduous trees at least 4 caliper inches; Coniferous trees at least 12 feet in height Deciduous trees at least 2.5 caliper inches; Coniferous trees at least 6 feet in height Deciduous trees at least 1.5 caliper inches; Coniferous trees at least 4 feet in height Coniferous, 12 to 24 feet high 1 2 4 Coniferous, greater than 24 feet in height 2 4 8 Primary Deciduous, 6 to 20 inches diameter 1 2 4 Primary Deciduous, greater than 20 inches in diameter 2 4 8 Secondary Deciduous, 20 to 30 inches diameter 1 2 4 Secondary Deciduous, greater than 30 inches diameter 2 4 8 V. Tree Replacement Fund. In the event that sufficient land area on the subdivision or commercial lot is not available to plant the replacement trees, as determined by the City, the Applicant shall provide to the City payment for the planting of the required trees elsewhere at a rate of $100 per caliper inch. VI. Significant Woodland Replacement. All significant woodlands removed must be replaced by the applicant. The number of replacement trees will be determined using one of the following methods, and the method that yields the greater number of replacement trees will be required. a. Replacement of significant trees within the significant woodland that are damaged or destroyed, per the Tree Replacement Schedule. b. Replacement for every 125 square feet of significant woodland damaged or destroyed, or increment thereof, with: i. 1 deciduous tree of at least 4 caliper inches or 1 coniferous tree at least 12 feet tall; or ii. 2 deciduous trees of at least 2.5 caliper inches or 2 coniferous trees at least 6 feet tall; or iii. 4 deciduous trees of at least 1.5 caliper inches or 4 coniferous trees at least 4 feet tall. c. Species Requirement. i. The City may require that the replacement species is identical to the removed species. ii. Where 10 or more replacement trees are required, not more than 50% of the replacement trees may be of the same species of tree without the approval of the City. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, Last Amended 04.15.2025 (Ordinance No. 2025-05) page-40 iii. Trees planted to replace significant woodland shall be arranged in stands to provide a habitat similar to the damaged or destroyed habitat. An appropriate native groundcover seed mix and/or understory planting approved by the City Engineer must be planted along with the replacement trees. VII. Warranty Requirement. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies due to construction activity within 2 years of the tree’s planting, shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirements within 8 months of removal. VIII. Landscaping Requirements. The tree plantings required for mitigation are in addition to any other landscape requirements as required in other sections of this UDC. IX. Shoreland Overlay District. Trees and woodlands within the Shoreland Management Overlay District are subject to the requirements stated in Chapter 154, in addition to the regulations of this Section. X. Required Protective Measures. The following measures mut be utilized to protect significant trees and significant woodlands during any type of grading or construction: a. Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone (CRZ), whichever is greater, of significant trees and significant woodlands to be preserved. No grade change, construction activity, or storage of materials is permitted within this fenced area. b. Identification of any oak trees requiring pruning between April 15 and July 1 to avoid the spread of Oak Wilt. Any oak trees pruned must have any cut areas sealed immediately with an appropriate non-toxic tree wound sealant. The sealant must be kept on-site for the duration of pruning, grading, and construction activities. c. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. XI. Recommended Protective Measures. The following tree protection measures are suggested to protect significant trees and/or significant woodland that are intended to be preserved: a. Installation of retaining walls or tree wells to preserve trees. b. Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation. c. Use of tree root aeration, fertilization, and/or irrigation systems. d. Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area. e. Therapeutic pruning. XII. Review Process. The Woodland Preservation Plan must be reviewed by the City to assess the best possible layout to preserve significant trees and significant woodland, and to enhance the efforts to minimize damage to significant trees and woodland. The applicant is required to meet with the Zoning Administrator prior to submission of the development application to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage, and other physical features so that the fewest significant trees and significant woodlands are destroyed or damaged. XIII. Compliance with the Plan. a. Implementation of the Plan. The applicant must implement the Woodland Preservation Plan prior to and during any construction. The tree protection measures must remain in place until all grading and construction activity is terminated, or until a request is made to and approved by the City. No significant trees or significant woodland may be removed until a Woodland Preservation Plan is approved. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, Last Amended 04.15.2025 (Ordinance No. 2025-05) page-41 b. Performance Guarantee. The applicant must provide the required performance guarantee following preliminary approval of the Woodland Preservation Plan and prior to any construction and / or grading. The amount of the performance guarantee to be submitted, specific to the Woodland Preservation requirements, will be calculated as follows: i. An amount to guarantee preservation of all trees identified by the approved Woodland Preservation Plan to be preserved within the Construction Zone shall be deposited with the City. The amount will be calculated by multiplying the total caliper inches of significant trees to be preserved by the rate of payment of $100.00 per caliper inch and the total square feet of significant woodland to be preserved at the rate of $1.50 per square foot. ii. Following written request by the applicant for acceptance, the performance guarantee will be released upon verification by the City that the Woodland Preservation Plan was followed and that the applicant complied with the tree replacement schedule. In no event will the performance guarantee be released earlier than completion of the warranty requirements. c. Noncompliance. If a significant tree or significant woodland is removed without permission of the City, or damaged so that it is in a state of decline within 1 year from date of project closure, the cash performance guarantee, $100.00 per caliper inch of significant tree or $1.50 per square foot of significant woodland, must be remitted to the City. The City will have the right to inspect the development and building site in order to determine compliance with the approved Woodland Preservation Plan. The City will determine whether compliance with the Woodland Preservation Plan has been met. 153.400.080 PARKING, DRIVEWAYS AND DRIVE-LANES Subd. 1. Summary and Intent. The following Sections are established to provide regulations and standards regarding parking, driveways and drive-lanes. The following standards may be applicable to new site development, change in use or intensity of a site, and/or subdivision. Subd. 2. Parking. The following parking standards are established so that adequate parking is provided to support the intended use of a lot, property or building. (A) General Provisions. I. Existing off street parking spaces and loading spaces upon the effective date of this Chapter shall not be reduced in number unless said number exceeds the requirements set forth herein for a similar use. II. The placement, design, screening, buffering and landscaping of parking areas must conform to the standards established within Section 153.400.040 of this UDC. III. Parking as required by the Americans with Disabilities Act (ADA) for the disabled shall be provided. IV. Required off street parking space in any Zoning District may not be utilized for open storage of goods or for the storage of vehicles that are abandoned, inoperable, unlicensed, discarded, junked, for sale or for rent. V. No motor vehicle repair work of any kind is permitted in conjunction with exposed off-street parking facilities, except for minor repairs of vehicles owned by the occupant or resident of the principal use for which the parking space is intended. No exterior storage of car parts is allowed at any time. VI. Landscaping and screening requirements of Section [153.400.040] and Section [153.400.060] must be met for any proposed use or subdivision.