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HomeMy WebLinkAbout09/18/2007 MAPLEWOOD PLANNING COMMISSION Tuesdav, September 18, 2007, 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes None 5. Public Hearing None 6. New Business a. Discussion on Conservation Easements (Ginny Gaynor) 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations September 10 Council Meeting: Mr. Desai September 24 Council Meeting Mr. Walton October 8 Council Meeting: Mr. Trippler October 22 Council Meeting: ?? (Mr. Boeser or Mr. Martin) 10. Staff Presentations 11. Adjournment MEMORANDUM TO: FROM: SUBJECT: DATE: Greg Copeland, City Manager Ken Roberts, Planner Conservation Easements September 12, 2007 INTRODUCTION Maplewood has started studying the idea of using conservation easements as a method of protection for city-owned properties. Specifically, the city is considering implementing conservation easements for the 14 city-owned Neighborhood Preserves (as identified in the enclosed brochure). The planning commission should review the idea of implementing conservation easements for these sites and provide a recommendation to the city council. BACKGROUND On August 14, 2007, the city hosted a joint meeting of the planning, the parks and recreation and the environmental and natural resources commissions. At this meeting, Sarah Strommen of the Minnesota Land Trust presented the group background information about conservation easements and Ginny Gaynor of city staff provided an overview of the 14 neighborhood preserves in Maplewood. On August 27,2007, the city council directed the city manager to have Ms. Strommen prepare a work plan and costs for preparing and implementing conservation easements for the 14 Neighborhood Preserves (Phase II of her work). (See Ms. Strommen's attached draft proposal dated August 27,2007). On September 24, 2007, city staff is bringing this matter to the city council for their consideration. DISCUSSION The planning commission should discuss, consider and provide a recommendation to the city council on the city's use of conservation easements on some or all of the Neighborhood Preserves in Maplewood. Ms. Stommen indicated that the city (and not her) should pick the best protection tool for each site. The city may find that for protection and long range planning purposes of these sites that one size or method does not fit all. She noted that there might be sites where conservation easements would be a great tool for their permanent protection. Ms. Strommen also noted that there might be sites in Maplewood where the city might want to consider using other tools or methods for long- term protection. Such other tools might include requiring super majority (4/5) votes, no-net loss policies, or adding zoning or subdivision techniques or standards requiring open space preservation to the city code. The city also could add clear and precise definitions and policies to the city land use and comprehensive plans about the preservation and protection of the Neighborhood Preserves. Conservation easements are permanent, site specific and would be prepared with clear directives and limits. If the city decides that they want permanent protection for a site, than implementing a conservation easement on that property is the best tool. However, conservation easements have little flexibility. If the city wants the ability to change a site or if the city is unsure of the long term plans and uses for a site, then it would not be in the best interests of the city to implement a conservation easement on that property. It may be prudent for the city to consider this policy matter and the idea of additional protection methods for the Neighborhood Preserves during the update of the Comprehensive Plan. This method would allow for a more complete study of the topic and would integrate it and the possibility of new city policies or tools into a more comprehensive study. Such a study could include land uses, city policies and long term planning with review and input from all the boards and commissions that should occur as part of the Comprehensive Plan update process. RECOMMENDATION The planning commission should review the idea of implementing conservation easements for the Neighborhood Preserve sites and provide a recommendation to the city council. P:/misc/Conservation Easements (2007) Attachments: 1. Neighborhood Preserves Brochure 2. Draft Proposal for Phase 2 - Implementation 2 Attachment 2 Open Space Protection Plan Draft Proposal for Phase 2: Implementation City of Maplewood August 27, 2007 Prepared by: The Minnesota Land Trust 2356 University Avenue West Suite 240 St. Paul, MN 55114 651-647-9590 2 1. Background and Purpose The city of Maplewood is a first-ring Twin Cities suburb located near the convergence of several major interstates and highways to the east of St. Paul. The City's central location made it a desirable place for development of both commercial areas and residential neighborhoods. Concerned over the fast pace of development, Maplewood residents in 1993 approved a $5 million referendum to acquire and set aside open space. The acquisition process was overseen by a citizen Open Space Committee. The Committee inventoried potential sites, completed an assessment process to prioritize and rank sites, and ultimately selected sites to be acquired. The result of that effort is seen today in the City's 14 Neighborhood Preserves (see attached map). Neighborhood Preserves are distinct from City parks, which are characterized by more active recreational use. The purpose of the Neighborhood Preserves is: The Maplewood Neighborhood Preserves were set aside by and for the citizens of Maplewood to preserve natural resources, scenic areas, and landscape buffers. They are protected natural areas where people can enhance their understanding and enjoyment of the natural world through passive-use activities such as nature study and hiking. (Maplewood Neighborhood Preserves Statement of Purpose and Policy, 2.26.01) To that end, the City has developed management or master plans that address restoration, management, recreation, access, and amenities for most of the Neighborhood Preserves. Management of Neighborhood Preserves is coordinated through the City's Public Works Department and Parks and Nature Center program. Recently, however, the City began questioning whether and how to address permanent protection of the Preserves in that planning process. The goals for this project were to: . Determine whether conservation easements are a potential tool to achieve permanent protection of the Neighborhood Preserves. . Develop a proposal for implementing conservation easements. 3 II. Process The following outlines the general steps that make up the conservation easement process. Task Responsibility Review/Establish Goals City staff, Commissions, City . Maintain character of Council with assistance from the community by provide visual Land Trust contrast to development . Provide opportunities for low impact recreation, outdoor education, interaction with nature . Restore and maintain habitat for the diversity of the City's plants and animals ResourcelData Review Land Trust with assistance from City staff GIS Mapping City staff Prioritization and Selection of City staff, Commissions, City Sites to be Protected with Council with assistance from the Conservation Easement Land Trust ReviewlFinalize Terms City and Land Trust Legal Review Land Trust attorney and City . Title review attorney . Drafting review Survey work (if necessary) City - Approvals City and Land Trust Baseline Reports Land Trust 4 III. Proposed Terms Each conservation easement completed by the Minnesota Land Trust is unique. Each is crafted to protect the conservation values of each special parcel of land as well as meet the goals of each individual landowner and the Land Trust. The Minnesota Land Trust accepts only permanent conservation easements. Once completed, the easement will forever restrict the future use and development of the land and protect its natural or scenic features for generations to come. It represents an important commitment by both the landowner and the Land Trust. The importance and permanence of this commitment require that the easement document be written with a great deal of care and detail. While typically the Minnesota Land Trust works with private landowners, the Land Trust does hold a number of conservation easements on public land. Detailed discussions about the goals for protection and future use of each Neighborhood Preserve will occur during Phase II (Implementation) of this project, however, the following summarizes the typical components of a Minnesota Land Trust conservation easement and proposes a starting place for discussing potential easement terms for Maplewood's neighborhood preserves. Land Use Restrictions & Rights Detail Industrial or commercial use Prohibited. Agricultural use Prohibited - this includes cultivation, forestry, livestock grazing or animal husbandry. Residential use and development Prohibited. Structures and improvements All permanent and temporary buildings, structures, fences, docks and other improvements must be specifically addressed to be allowed. Often these structures are subject to restrictions on location and size. Rely on park master plan where available. Specifically, will need to address Nature Center and Historic Farm facilities. Utilities Utilities are allowed to serve those activities permitted by the easement but otherwise limited. 5 Division of the property Prohibited. Density Prohibit transfer of development rights to another prooerty. Rights of way Access across the property to develop adjacent land is typically prohibited. Mining Prohibited. Signs Small, unlighted signs for informational or interpretive purposes are typically allowed. Would need to address entry signs if appropriate. Roads and trails Locations of new and existing roads or driveways, if any, must be addressed. Unpaved paths or foot trails are typically allowed without restriction. Would need to address where paved trails are approoriate. Surface alteration Alteration of the natural topography or surface of the land is limited as much as possible. Vegetation and habitat Management of natural vegetation management to improve its habitat values always is allowed, though often subject to an approved management plan. Would need to discuss whether restoration and management should be required. Water Alteration of natural water bodies and wetlands, or actions detrimental to water quality are prohibited. Dumping No trash or other unsightly material is allowed on the property. Vehicles Typically allowed only on authorized roads or driveways or in conjunction with otherwise authorized activities (i.e. habitat restoration or management). Focus on prohibiting erosion or 6 other damage from vehicles. Recreational and educational use Recreational and educational purposes that do not impact the conservation values of the land are allowed. Additionally, each easement document will include numerous legal provisions necessary to ensure the long-term viability and enforceability of the easement. Many of these provisions are governed by state and federal law. IV. Costs Costs will be determined based on the number of parcels and the complexity of specific terms. Elements determining costs are: . Initial project costs o Property evaluation-initial site visit o Project planning, design, negotiation, review and closing o Transactional costs . Baseline reports . Easement stewardship . Enforcement 7