7.2. SR 09-19-2016 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public Hearin s ISeptember 19, 2016 Chris Leeseber , Senior Planner
Item Description Reviewed by
Ordinance Amendment Relating to Tree Ordinance Zack Carlton,Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt,by motion, an ordinance amending Section 30-934, Landscaping, of the City of Elk River,
Minnesota, City Code.
Background/Discussion
During the discussion of the Lakes State Recycling conditional use permit on July 18, 2016, the City
Council directed staff to evaluate the current tree planting requirements, specifically as they relate to
developed sites.
The ordinance currently requires one tree per 40 lineal feet of site perimeter plus three more. Staff does
not recommend reducing the number of trees required, but instead expand the credits given to existing
trees. Under the existing ordinance, credit for existing vegetation is provided at one credit for each tree
between 4" and 8"in diameter, and two credits for each tree greater than 8"in diameter.
Staff proposes to amend Section 30-934 (b)(3)(e) as follows:
e. Credits.
2. 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. The Existing Tree Credit Chart shall be used to determine the
amount of credit for existing trees. Existing4tvepeps bep#—k,�-Pepn four inches in diameter and less
than eight inches in diameter wi14 receive credit for one tree. Exi R'11g'Hees e"OW inches ifl.
diameter or greater wi14 receive credit for two "ees.. Existing trees closer than 15-feet
together shall be considered one tree and the largest diameter tree will be utilized to calculate
the tree credit. The diameter of and distance between trees shall be measured six inches
above the ground.
Existing Tree Credit Chart
Deciduous Tree Diameter Deciduous Tree Credit
2" to < 4 1/2" One 1
4 1/2" to < 8" Two 2
8" or more Three (3)
Coniferous Tree Height Coniferous Tree Credit
6' to < 10' One 1
POWERED 6T
AR
10' to < 15Two 2
15' or more Three (3)
Subsection 30-9340(3) pertaining to approved tree species shall apply to the types of trees
given credit.
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. A native grass and plant community
maintenance plan shall be submitted to the ci every year by March 1.
Planning Commission
No one spoke for or against the request and staff has not received any comments since the Planning
Commission meeting.
The Planning Commission had no concerns and unanimously recommended approval of the request.
On August 18, 2016, staff met with Lake State Recycling and their consultant to discuss the proposed
ordinance amendments. Current drafts were provided to all in attendance and staff has not received any
concerns from Lake State Recycling or their consultant.
Financial Impact
None
Attachments
■ Section 30-934—Existing Language
■ Ordinance
N:APublic Bodies\Agenda Packets\09-19-2016\Final\7.2 sr.docx
Sec. 30-934. -Landscaping.
(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,other living ornamental landscape materials,mulch,or rock.
(2) All landscaped areas shall be kept neat,clean and uncluttered.
(3) No landscaped area shall be used for the parking of vehicles or the storage or display of materials,
supplies or merchandise.
(4) Undisturbed areas of existing natural vegetation maintained free of noxious weeds need not be altered.
(5) A reasonable attempt shall be made to preserve as many existing trees as is practical and to incorporate
them into the proposed development plan.
(6) Slopes greater than three feet horizontal to one foot vertical (3:1)will not be permitted without approval
by the city. Only under special conditions or unique circumstances will steeper slopes be permitted.
Slopes adjacent to pedestrian systems, inslopes of roadways, ponding, sedimentation areas, and other
water or wetland features may not have a slope greater than 4:1.
(7) In all multifamily, commercial and industrial zoning districts, the maintained/manicured landscaped
areas shall have inground/underground irrigation systems. Native grasses and plant areas need not be
irrigated.
(b) All Zoning districts exceptpermitted single-family uses in all districts. Landscaping requirements for all zoning districts
except permitted single-family uses in all districts are as follows:
(1) Applicability 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.
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.
6. Special planting instructions.
Page 1
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. Overstorg 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.
e. Credits.
1. For oversiZing trees. The total number of required overstory trees may be reduced by one tree
for each new deciduous tree measuring four and one-half 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 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 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.
f. Reserved.
g. 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.
(c) Permitted single-family uses in all districts. Landscaping requirements for permitted single-family uses in all districts
are as follows:
(1) Applicability of requirements. 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 requirements. All open areas of a lot which are not used and improved shall be landscaped with a
combination of overstory trees, ornamental trees, coniferous trees, shrubs, flowers, and turf or
permitted ground cover materials.The minimum number of trees in the front yard is two.
a. Location of required front yard trees.
1. One tree must be located in the boulevard area and shall be an overstory type tree.
2. A second tree shall be located in the front yard area. Overstory, evergreen, and ornamental
tree species are permitted.
(d) Species.
Page 2
(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 required 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 size and root condition of 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 one and one-half inches in diameter as measured six inches above the ground,
and trees must be balled and burlapped.
(3) Coniferous trees shall be six feet in height,and trees must be balled and burlapped.
(f) Placement of plant materials.
(1) All required landscaping shall be located on the lot occupied by the use, building, facility, or structures.
No landscaping shall be located within any public right-of-way unless approved by the city.
(2) Plant materials shall be located to provide reasonable access to all utilities.
(3) At all intersections, sight visibility triangles shall be kept clear of landscape materials that would obstruct
the sight lines of motorists at intersecting streets.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
(Code 1982, § 900.30(4), (5);Ord. No. 02-09, § 1,6-17-2002;Ord.No. 02-11, § 1,6-10-2002;Ord.No. 12-03,
1-3,2-21-2012;Ord.No. 14-12,§§ 1,2,10-20-2014)
Page 3
�jStfikethfoughs to be removed
Underlines to be added
City of
Elk -�-�
River
Ordinance 16 -
An Ordinance Amending Section, 30-934, Landscaping of the City of Elk River,
Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That§ 30-934, Landscaping, of the City of Elk River Code of Ordinances shall read
as follows:
e. Credits.
2. 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 sca4eThe Existing Tree Credit Chart 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. Exi RifIg'Hees ef',ght inches ifl
diameter or greater wi14 receive credit for two "ees.. Existing trees closer than 15 feet together
shall be considered one tree and the largest diameter tree will be utilized to calculate the tree
credit. The diameter of and distance between trees shall be measured six inches above the
ground.
Existing Tree Credit Chart
Deciduous Tree Diameter Deciduous Tree Credit
2"to<4 1/2" One(1)
4 1/2"to<8" Two(2)
8"or more Three(3)
Coniferous Tree Height Coniferous Tree Credit
6' to< 10' One(1)
10' to< 15' Two(2)
15' or more Three(3)
Subsection 30-9340(3) pertaining to approved tree species shall apply to the types of trees
given credit.
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. A native grass and plant community
maintenance plan shall be submitted to the ci every year by March 1.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 19th day of September, 2016.
URE
Last Updated il7asch 2014 INATJ
Stfikethfoughs to be removed
Underlines to be added
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
URE
Last Updated il7asch 2014 INATI
Ordinance AmendmentCity of Elk River
BackgroundCouncil Developed sites-evaluate tree planting requirements
BackgroundOne tree per 40 Expand creditsrequiredNot morerecommending reducing the number of trees lineal feet of site perimeter plus three
BackgroundCurrently8” or greater (two tree credit)4” < 8” (one tree credit)
For above the ground. diameter of and distance between trees shall be measured six inches largest diameter tree will be utilized to calculate the tree credit. The closer than 15 feet
together shall be considered one tree and the in diameter or greater will receive credit for two trees. diameter will receive credit for one tree. Existing trees eight inches between
four inches in diameter and less than eight inches in to determine the amount of credit for existing trees. species. such trees satisfy the requirements of this section as to size and
offset by the retention of existing trees on the lot provided that existing trees. The total number of required new trees may be A sliding scale The Existing Tree Credit Chart Existing
trees Existing trees shall be used
For every year by March 1.community maintenance plan shall be submitted to the city percent of the total requirements. square feet of native grass area. Credits may not exceed 50 planting
communities will receive credit for one tree per 500 grasses and wildflowers. Planting or preservation of native required trees may be offset by the provision of native native grasses
and plant communities. A The total number of native grass and plant
Action RequestedAdopt, by motion, an ordinance amending Section 30City Code934, Landscaping, of the City of Elk River, Minnesota, .-