ORD 12-03• ORDINANCE NO. 12 -03
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
CHAPTER 30, ARTICLE VI, SUBDIVISION IV, SECTION 30 -934 AND SECTION
30 -935, OF THE ELK RIVER, MINNESOTA, CITY CODE ALL PERTAINING TO
LANDSCAPING REQUIREMENTS
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Paragraph (7) of Section 30 -934 (a) of the City of Elk River Code of
Ordinances, titled General Requirements, shall be amended to read as follows:
(7) In all multifamily, commercial and industrial zoning districts, the maintained /manicured landscaped areas
shall have inground /underground irrigation systems. Native gasses and plant areas need not be irrigated.
Section 2. That the introductory paragraph and subparagraphs (d), (g), (h), and (i) of Paragraph
(3) of Section 30 -934 (b) of the City of Elk River Code of Ordinances, shall be amended to read as follows:
Minimum requirements. All open areas of a lot which are not used and improved for required parking areas,
drives or storage shall be landscaped with a combination of overstory trees, ornamental trees,
coniferous trees, shrubs, flowers, and turf or ground cover materials. The number of trees on the lot,
tract, or parcel shall not be less than three plus the perimeter of the described area as measured in
feet divided by 40.
d. Additional landscaping. In order to accomplish an adequate buffer or screening, additional
landscaping over and above the required amount may be requested require by the city.
g. Credits
1. for oversi#ng required trees. The total number of required overstory trees may be reduced by
one tree for each new deciduous tree measuring 4' /z inches or more in diameter, or each new
coniferous tree measuring ten feet or more in height, which is planted on the lot or tract. In
tie cwent, however-, sha]4 this eredit resttit in a reduetion ift the total nufnber of required "eeF,
by ffier-e than 25 pereer&.
2—,-G' for existing trees. The total number of required new trees may be offset by the
retention of existing trees on the lot provided that such trees satisfy the requirements of this
section as to size and species. A sliding scale shall be used to determine the amount of credit
for existing trees. Existing trees between four inches in diameter and less than eight inches in
diameter will receive credit for one tree, Existing trees eight inches in diameter or greater will
receive credit for two trees.
3. for native grasses and4lant communities The total number of required trees may be offset by
• the provision of native grasses and wildflowers Planting or preservation of native planting
communities will receive credit for one tree per 500 square feet of native grass area. Credits
• may not exceed 50% of the total requirement.
h. Purposely left blank
i. Maintenance. The property owner of the lot upon which required landscaping or screening is located
shall maintain all materials in a sightly and healthy growing condition. Plant material removed due to
damage, disease, or death shall be replaced.
Section 3. That Section 30 -934 (f) of the City of Elk River Code of Ordinances, shall be
amended to read as follows:
69 Performance guarantee. If required landscape improvements have not been completed at the time a certificate
is requested for occupancy of a property, a financial guarantee to ensure completion of the improvements
shall be supplied prior to issuance of the certificate of occupancy. The financial guarantee shall be in an
amount equal to approximately 100 percent of the value of the uncompleted landscape improvements, and
shall be released one year after completion of the required landscape improvements following written request
from the property owner. Developers who have posted a previous financial guarantee in connection with the
installation of public improvements shall not be required to post a separate guarantee, but the financial
guarantee shall remain in place in an amount equal to approximately 100 percent of the value of uncompleted
landscape improvements until all required landscape improvements are completed.
• Section 4. That Section 30 -935 of the City of Elk River Code of Ordinances, titled Landscaped
islands in off street parking areas, shall be amended to read as follows:
(a) All off - street parking areas shall include unpaved, landscaped islands that are reasonably distributed
throughout the parking area. These islands should be located to break up expanses of paved areas and
facilitate traffic control. Islands shall be provided in a ratio of at least one island per 15 parking spaces.
(b) Landscaped islands shall be equal to the size of a parking stall, at minimum. The provision of fewer, but
larger parking lot islands is encouraged.
Section 5. That this ordinance shall take effect upon adoption as provided by law.
Passed and adopted by the City Council of the City of Elk River this 21st day of
February 21, 2012.
A Y etz, Ma r
ATTEST:
is Tina Allard, City Clerk
ORDINANCE NO. 12-03
CITY OF ELK RIVER
AN ORDINANCE OF THE
CITY OF ELK RIVER
AMENDING
CHAPTER 30, ARTICLE VI,
SUBDIVISION IV, SECTION
30 -934 AND SECTION 30 -935,
OF THE ELK RIVER, MIN-
NESOTA, CITY CODE ALL
PERTAINING TO LAND-
SCAPI G REQ -
ThvCity Conga of the city-of
Mk %Ivy 4w& bewbg otdoliu so.
"Sir :' t 'Para (7)
of !- t }fie City
of E k River Code of Ordi-
nances, titled Gegeral
Requirements, shall be
amended to read as follows:
(7) In all multifamily, com-
mercial and industrial zoning
districts, the maintained/mani-
cured landscaped areas shall
haveinground /underground
irrigation systems. Native
grasses and plant areas need
not be irrigated.
Sectlon 2. That the introduc-
tory paragraph'and subpara-
graphs (d), (g), (h), and (i) of
Paragraph (3) of Section 30 -934
(b) of the City of Elk River Code
of Ordinances, shall be
amended to read as follows:
Minimum requirements. All
open areas of a lot which are
not used and improved for
required parking areas, drives
or storage shall be landscaped
with a combination of over -
story trees, ornamental trees,
coniferous trees, shrubs, flow-
ers, and turf or ground cover
materials. The number of trees
on the lot, tract, or parcel shall
not be less than three plus the
perimeter of the described area
as measured in feet divided by
40.
d. Additional landscaping. In
order to accomplish an
adequate buffer or screening,
additional landscaping over
and above the required amount
may be requested required by
the city.
g. Credits
1. for oversizing required
trees. The total number of
required overstory trees may be
reduced by one tree for each
new deciduous tree measuring
41A inches or more in diameter,
or each new coniferous tree
measuring ten feet or more in
height, which is planted on the
lot or tract. In no event, how-
ever, shall this credit result in
a-reduction in the total num-
ber of required trees by more
than 25 percent.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF SHERBURNE
SS
Heidi Quanrud, being duly sworn on oath says that she is the office manager of the
Newspaper known as the Star News, and has full knowledge of the facts which are stated
below:
(A) The Newspaper has complied with all ofthe requirementsconstituting qualifications
as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other
applicable laws, as ammended.
(B) The printed legal notice, which is attached was cut from the columns of said
newspaper and was printed and published once a week for one week; it was first published
on Saturday, the 3rd day of March, 2012, and was therefore printed and published on every
Saturday to and including Saturday, the 3rd day of March, 2012, and printed below is a copy
of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as
being the size and kind of type used in the composition and publication of the notice
abcdefghij klmnopgrstuvwxyz
Office Manager
Subscribed and sworn to before me on
this 3rd day of March, 2012
SHELLY RAE 1NESTL31, ER
NOTARY PUBLI
MINNESOTA
My Commission Expires Jan015
Notary Public
RATE INFORMATION
(1) Lowest classified rate paid by commercial $ 21.00
users for comparable space (line, word or inch rate)
(2) Maximum rate allowed by law for the
above matter
(3) Rate actually charged for the above
matter
2,921,353
$ 15.50
(line, word or inch rate)
$ 15.00
(line, word or inch rate)
2. Credit for existing trees.
The total number of required
new trees may be offset by the
retention of existing trees on
the lot provided that such trees
satisfy the requirements of this
section as to size and species. A
sliding scale shall be used to
determine the amount of credit
for existing trees. Existing
trees -between four inches in
diameter and less than eight
inches in diameter will receive
credit for one tree. Existing
trees eight inches in diameter
or greater will receive credit for
two trees. Credit cannot exceed
50 percent of the total
requirement.
3. for native grasses and
plant communities. The total
number of required trees may
be offset by the provision of
native grasses and wildflowers.
Planting or preservation of
native planting communities
will receive credit for one tree
per 500 square feet of native
grass area: Credits may not
exceed 50% of the total
requirement.
h. Purposely left blank
i. Maintenance. The property
owner of the lot upon which
required landscaping or
screening is located shall
maintain all materials in a
sightly and healthy growing
condition. Plant material
removed due to damage,
disease, or death shall be
replaced.
Section 3. That Section 30 -934
(f) of the City of Elk River
Code of Ordinances, shall be
amended to read as follows:
(f) Performance guarantee. If
required Landscape
improvements have no been
Completed at the lime a
certificate. is requested f0#.
occupant of a property, a
financial guarantee to ensure
completion of the
improvements shall be supplied
prior to issuance of the
certificate of occupancy. The
financial guarantee shall be in
an amount equal to approxima-
tely 100 percent of the value of
the uncompleted landscape
improvements, and shall be
released one year after
completion of the required
landscape improvements
following written request from
the property owner. Developers
who have posted a previous
financial guarantee in
connection with the installation
of public improvements shall
not be required to post a
separate guarantee, but the
financial guarantee shall
remain in ptace in an amount
equal to approximately 100
percent of the value of
uncompleted landscape
improvements until all
required landscape
improvements are completed.
Section 4. That Section 30-Wo
of the City of Elk River Code of
Ordinances, titled Landscaped
islands in off street parking
areas, shall be amended to read
as follows:
(a) All off - street parking areas
shall include unpaved,
landscaped islands that are
reasonably distributed
throughout the parking area.
These islands should be located
to break up expanses of paved
areas and facilitate traffic
control. Islands shall be
provided in a ratio of at least
one island per 15, parking
spaces.
(b) Landscaped islands shall
be equal to the size of a park-
ing stall, at minimum. The
provision of fewer, but larger
parking lot islands is
encouraged.
Section 5. That this
ordinance shall take effect
upon adoption as provided by
law.
Passed and adopted by the
City Council of the City of Elk
River this 21st day of February
21, 2012.
John J Dietz,
Mayor
ATTEST:
Tina Allard,
City Clerk
(Mr3)