ORD 14-12 to be removed
Underlines to be added
pity of
Elk :=
River
Ordinance 14 - 12
An Ordinance Amending Section, 30-934, entitled "Landscaping" of the City of Elk
River, Minnesota, City Code to Modify Landscaping Requirements in all Zoning
Districts.
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1.That§ 30-934 (a)(1) of the City of Elk River Code of Ordinances shall be amended
to read as follows:
(a) General requirements. The following general requirements are applicable to all districts:
(1) All exposed ground areas surrounding or within a principal or accessory use, including
street boulevards, which are not devoted to drives, sidewalks, patios, or other such uses
shall be landscaped with grass, shrubs, trees, er—other living ornamental landscape
materials,mulch,or rock.
SECTION 2.That §30-934 (b) —(f) of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(b) All Zoning districts eNcept permitted single-
family uses in all districts. Landscaping requirements far all zoning districts exce t
permitted sin le-faai l y uses in all districts ftia fietiresidential uses in residenga a:-�are as
follows:
(1) Appficabiliy of requirements. All properties shall comply with the requirements of this
subdivision when new development or expansions are to occur on these properties, except
for single-family dwelling units. .
(2) Landscape plan. Landscape plans shall be prepared by a landscape architect or other qualified
individual acceptable to the city. Landscape plans shall be drawn to a scale of not less than
one inch equals 50 feet and shall include the following information:
a. The name and address of the property owner and/or developer.
b. The name of the project.
c. The name of the preparer of the plan.
d. The date of plan preparation.
e. Boundary lines of the property with accurate dimensions, and note with scale and
north arrow.
f. The locations of existing and proposed buildings, parking lots,public roads, easements
and other improvements.
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g. The location, approximate size and common name of existing trees.
h. A planting schedule containing:
1. Symbols.
2. Quantities,
3. Common names and botanical names.
4. Size of plant materials.
5. Root condition specifications.
G. Special planting instructions.
i. Planting details illustrating proposed locations of all new plant material, including
proposed walls, fences, planters, landscaped islands, and other landscaping-related
improvements.
j. Details of restoration of disturbed areas,including areas to be sodded and seeded.
k. Location of existing wetlands.
(3) 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.
a. Overstory trees. Fifty percent of the required trees shall be overstory trees.
b. Ornamental trees Twenty-five percent of the required trees shall be ornamental trees.
C. Coniferous trees Twenty-five percent of the required trees shall be coniferous trees.
d. Additional landscaping. In order to accomplish an adequate buffer or screening,
additional landscaping over and above the required amount may be required by the
city.
trees shaR be as
.
,
1
trees 96H be eampased of otte speeies.
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Stiikethfettghs to be removed
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gce. Credits.
1. For oversiing trees. The total number of required overstory trees may be reduced by
one tree for each new deciduous tree measuring 41/2 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.
2. For existing Ines. 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 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 percent of the total requirements.
hf. Reserved.
}g. Maintenanee. 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.
y
sight
Perrmtted sin le-amil uses ira all districts Landsca in r uirements for permitted single-f mil uses
in all districts are as follows:
(1L p#eabilit of rryuirements. All permitted single-family properties shall comply with the
requirements of this subdivision when new development or expansions are to occur on
these properties.
(2) Minimum rerguirements. All oven areas of a lot which are not used and improved, shall be
landscal2ed with a combination of OVeTStOLY trees ornamental trees coniferous trees
shrubs, flowers, and turf or 12ermitted ground cover materials. The minimum number of
trees in the front yard is two.
a._ Location of rewired-front yard trees
1. One tree must be located in the boulevard area and shall be an overstay tie tree.,
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2. A second tree shall be located in the front yard area. Overstory, evergreen, and
ornamental tree species are permitted.
d S ecies
1 All required trees shall be of species which are classified as overstory, ornamental and
coniferous trees by the American Nurseryman's Association.
(2) Not more than 50 percent of the xenuired number of overstory or ornamental trees shall
be composed of one species.
(3) All required trees shall be selected from the University of Minnesota Extension Service's
list of recommended trees for Southeast Minnesota; or as approved by the city's planning
department.
(e) Minimum side and root condition o(trees. Minimum size and root condition of required trees shall be
as follows:
(1) Overstory trees shall be two inches in diameter as measured six inches above the ground,
and trees must be balled_and_burlapped.
2 Ornamental trees shall be 1'/2 inches in diameter as measured six inches above the round
and trees must be balled and burlapped.
3 Coniferous trees shall be six feet in height,and trees must be balled and burlapped.
(fl Placement ofAlant materials
1 All required landsca ing shall be located on the lot occu ied by the use building. facili
or structures. No landscapi:nlZ shall be located within any public ripht-of-nLay unless
approved by the cijy.
42� Plant materials shall be located to provide reasonable access to all utilities.
At all intersections, sight visibility_triangles shall be kept clear of landscape materials that
would obstruct the sight lines of motorists at intersecting streets.
(eg) Installation. All landscape improvements required by this subsection shall be installed by the
owner no later than one year after the issuance of a building permit for the subject property.
Replacement of any dead trees, shrubs,ground covers and sodding shall be responsibility of the
property owner.
(dh)Inspection. Twelve months after the date of issuance of a building permit, the city may conduct a
field inspection of the subject site to assure compliance with the requirements of this
subdivision and implementation of the approved landscape plan.
(ei) Exceptions and adjustments. Where a strict application of this subsection is not possible due to
unique topographic landform,irregular lot shape or historic features worthy of preservation, the
applicant may present an alternative landscape and screening plan to the city for alternate
approval.
(€1) 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
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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 3.That this ordinance shall take effect upon adoption and be published as provided by
law.
Massed and adopted by the City Council of the City of Elk River this 20th day of October,2014.
J J. etz, o
ATTEST:
Tina Allard,City Clerk
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE )
Charlene Vold being duly sworn on an oath,
states or afhrms that they are the Auth orized
Agent of the newspaper(s) known as:
Star News
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02, §331A.07, and
other applicable laws as amended.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) for 1 succes-
sive issues; the first insertion being on
11/0812014 and the last insertion being on
11/0812014.
& .
Y� C
Authorized Agent
Subscribed and sworn to or affirmed before
me on 11/08/2014.
Notary Public
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Rate Information:
(l) Lowest classified rate paid by commercial users
for comparable space.
$23.00 per column inch
Ad ID 308643
CITY OF ELK RIVER
RESOLUTION 14 -59
A Resolution of the City of Elk
River Approving Notice of Sum-
mary Publication of Ordinance No.
14 -12, an Ordinance Amending
Section 30 -934, entitled "Land-
scaping ", of the City of Elk River
Minnesota, City Code
WHEREAS, on October 20,
2014, the Elk River City Coun-
cil adopted Ordinance No. 14 -12
amending Section 30 -934 of the
City of Elk River Code of Ordinanc-
es pertaining to landscaping; and
WHEREAS, Minnesota Statutes,
Section 412.191, Subd. 4 allows
publication by title and summary in
the case of lengthy ordinances; and
WHEREAS, the City Council
finds that the following summary
will clearly inform the public on the
intent and effect of Ordinance No.
14 -12; and
WHEREAS, a copy of the full text
of Ordinance No. 14 -12 is available
for inspection by any person at the
office of the Elk River City Clerk,
13065 Orono Parkway, during reg-
ular business hours — 8:00 a.m. to
4:30 p.m., Monday through Friday.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Elk River, Minnesota, as fol-
lows: That the City Council, by at
least a four -fifths vote, authorizes
publication of the title and the fol-
lowing summary of Ordinance No.
14 -12.
Public Notice
During their October 20, 2014,
meeting, the City Council adopted
Ordinance No. 14-12, an ordinance
amending Section 30-934, entitled
"Landscaping ".
In summary, Ordinance No.
14 -12 makes the following five (5)
changes to Section 30 -934 of the
city code:
1. Adds mulch and rock as per-
mitted groundcovers_
2. Expands Section 30 -934 (b) to
include all districts except permit-
ted single- family uses,
3. Adds a new section for single -
family uses and requires a mini-
mum of two trees in the front yard
of each new home.
4. Adds a tree species list that
all required trees must be selected
from.
5. Makes general amendments
and changes to improve consis-
tency, clarity, and readability.
Passed and adopted this 3rd
day of November 2014.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
November 8, 2014
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