Item 6.7 • 1.1 Item # 6.7.
J/
City of
Elk ....,„
River
MEMORANDUM
TO: Planning Commission
FROM: Michele McPhersoL'6 ector of Planning
DATE: March 26, 2002
SUBJECT: Case No. OA 02-02
Request by the City of Elk River to Amend Zoning Code
Relating to Certificate of Survey Requirements and Requiring
Escrows
Request
IllThe Planning Commission is asked to consider an ordinance amendment to change the
certificate of survey requirements for building permit issuance and also to consider imposing
residential and commercial/industrial escrows.
Attachments
• Current language relating to certificate of surveys and escrows
• Revised language regarding certificate of survey requirements and escrows
Analysis
Certificates of Survey
More building is occurring on difficult lots within the City, and the Building Inspection
Department has determined that more detailed information is required on certificates of
survey to insure proper drainage and to reduce adverse impacts on adjacent properties. The
certificate of survey data requirements are listed in the City Code under Section 1002.06.
The existing and proposed language is attached for the Commission's review. In general,the
requirements are more specific to drainage (existing) and grading (proposed). By having
accurate information at the time the building permit is issued,problems relating to drainage
that may impact adjacent properties may be averted.
III
Memo to Planning Commission/OA 02-02
March 26,2002
Page 2
• Escrow Requirements
In regards to escrows, the ordinance currently requires that an applicant submit a
performance guarantee in the amount of 50 percent of the value of uncompleted landscape
improvements. This is part of the landscaping requirements within the Zoning Code. Staff
is suggesting that this requirement be deleted from the landscape area of the ordinance and
be expanded to include all exterior improvements such as grading,detention ponds,blacktop
and curbing,in addition to landscaping. The escrow requirement would appear in Section
900.38, Building Permits, Certificates of Occupancy, Fees.
The escrow requirement is split into two parts;the first being residential escrows which
would be required only when the site improvements could not be installed due to the season.
Typically,all landscaping(seeding or sodding),driveway,sidewalk and grading improvements
must be completed prior to the City issuing a certificate of occupancy on a residential
dwelling unit.
The second requirement applies to commercial and industrial properties. Staff is suggesting
that a letter of credit in the amount of 3 percent of the construction value be submitted in
order to issue the building permit. The letter of credit would be released one year after the
landscaping is completed. This will insure that all exterior improvements will be installed
and that the landscaping has survived one growing season,which will insure its viability.
The letter of credit should reduce the amount of follow-up administration and provide an
enforcement mechanism to encourage ordinance compliance.
• Recommendation
Staff recommends that the Planning Commission recommend approval of the ordinance
amendment regarding certificates of survey and escrows.
III
S:\PLANNING\Case Files\OA 02-02 Certif Survey\PC memo 3-26.doc
• Existing Ordinance Language
1002.06 - CERTIFICATE OF SURVEY
The Certificate of Survey shall provide the following information and
be attested to by a Registered Land Surveyor duly qualified by
registration as required by Minnesota Statutes, Section 326. 02.
1 . Scale of drawing.
2 . Legal description.
3. Dimensions of the lot and north arrow.
4 . Dimensions of front, rear and side yards.
5. Locations of all existing buildings on the lot.
6. Location of the proposed building or construction.
7 . Location of stakes established by the surveyor along each side
lot line a distance of thirty-five (35) and sixty-five (65) feet from
the front lot corner. The maintenance of these stakes, once
established by the surveyor, shall be the responsibility of the
building permit applicant.
• 8 . The location of all easements as shown on record plats.
9. Grade elevations of the following points:
A. Each lot corner (either existing or proposed)
B. Crown of proposed street at each lot line extended
C. Proposed lawn and driveway elevations at the street side of
the building
Such elevations may be based on assumed data but shall be tied by the
surveyor to a specified benchmark for which the elevation has been
obtained from the City Administrator or other City official in
possession of such information.
10. The proposed disposal or drainage of surface waters (indicate
direction of surface water drainage by arrows.
A. A permit is issued with the understanding that the relative
elevations of the proposed lot and the established or proposed
street grade shall not conflict in such manner as to cause damage
by altering the drainage or flow or surface waters to the street
or nearby streets or to the adjacent or nearby premises.
• B. The Building and Zoning Administrator may deny a permit for
the construction of a building or structure upon ground which is
too low for proper drainage and in the course of construction,
alteration, repair or moving of any building or structure, no •
obstruction, diversions, ridging or confining, temporary or
permanent, of the existing channel or any natural waterway
through or over which any lake, stream or surface water naturally
flows shall be made without approval of the City Administrator
and Building and Zoning Administrator.
•
•
Certificate of Survey Data Requirements - New Language
the applicant shall submit a site survey showing the location of the proposed structure on the lot to the City of Elk River at
e time of building permit issuance. All surveys shall comply with the approved development plan on file at Elk River City
Hall. Any significant deviation from the development plan shall require a developer's signature authorizing the change and
approval by the City of Elk River prior to submitting a survey. The survey shall be certified by a registered Minnesota land
surveyor and shall include the following information:
1. _ Scale of drawing.
2. _ North arrow.
3. _ Legal description.
4. _ Dimensions of the lot.
5. _ Provide a benchmark on site of a permanent nature (i.e. top nut of fire hydrant, nail in tree, etc.)
6. _ Existing and proposed elevations at all lot corners.
7. Existing and proposed elevations at house and garage corners.
8. _ Top of curb elevations at the extension of property lines and center of proposed driveway. The center
of the proposed driveway shall be permanently marked at the building site.
9. _ Off-set stakes with existing elevations along each side lot line (exception would be a distance greater
than 30 feet from the house to the side lot lines).
10. _ Dimensions of the entire building showing cantilevers, bay windows, egress window well locations, and
elevations.
11. _ Front, side, and rear setback distances.
12. _ Label all adjacent streets and railroad rights-of-way.
13. Show all ponds, wetlands, lakes, rivers, and creeks/wetland markers.
14. _ List location of 100-year high water level of rivers,lakes, creeks, and wetlands.
15. Show existing easements and drainage ways abutting or within the property (natural or man-made).
46 _ Show proposed decks, porches, driveways, curb cuts, and accessory structures.
7. _ Show drainage arrows.
18. _ Show proposed side lot line elevations and high points.
19. _ Show top of block foundation, garage floor, and lowest floor/opening/entry proposed elevations.
20. _ Show top of block and finished grade elevations of the nearest corners of any adjacent house, side and
rear.
21. _ Show the front and rear existing pad elevation and proposed elevations of the abutting vacant lot
house pad per approved development plan.
22. Show location and elevations of sidewalk,manholes, catch basins, flared-end sections, and other
permanent items directly adjacent to or on the lot (existing or proposed).
23. _ Show location of major grade breaks.
24. Custom wooded lots - indicate location, base elevation size, and type of all trees 6" DBA and larger.
25. Custom lots may require special design and a more detailed building survey which includes information
such as tree survey, existing and proposed contours, distinct drainage pattern and landscaping.
26. Indicate retaining walls-need elevations at top and bottom of proposed wall. Maximum retaining wall
_
height allowed without an engineer's design is 4 feet.
27. _ Survey is to be drawn to a scale (surveys that shrink or become illegible because of faxing will not be
accepted).
Design Requirements
a. _ 18" minimum,top of curb to garage, measured on the high side, 10 percent maximum. Allow 2
percent minimum on multi-family homes. Exceptions may be allowed on large lots or lots with large front setbacks.
b. _ Slope and swale requirements-minimum 1 percent, maximum 3:1.
c. _ There shall be a minimum 20 foot flat (Approximate 1-2%slope) area at the rear of all dwellings.
d. _ There shall be a minimum 20 foot setback from the 100-year high water level of wetlands.
411k. The maximum width of driveways at the right-of-way is 30 feet. Driveways shall be setback a minimum of 5 feet
from the side property line.
f. Positive drainage is required with a minimum'h foot fall away from the house to the lot line and show how water
will be contained within easement areas. If berms are necessary to keep water within easements,show top and bottom
elevations of berms.
Existing Language — Escrow Requirements
900.30 - REGULATIONS ON SCREENING, LANDSCAPING, LIGHTING, STORAGE AND •
OUTDOOR DISPLAYS
5. Enforcement.
A. 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.
B. Inspection. Twelve (12) 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 ordinance and implementation of the approved landscape plan.
C. 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.
D. Performance Cuarantcc. If rcquircd landscape improvements
_-- - _ - _ -- time a certificate is requested411
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 50% of the value- 64-
the uncompleted landscape improvements, and shall be rel aced
upon completion of the required landscape improvements.
Developers who have posted a previous financial guarantcc in
connection with the installation of public improvements shall not
be required to post a separate guarantee, but the financial
approximately 50% of the value of uncompleted landscape
improvements until all required landscape improvements arc
completed.
•
• Revised Language Escrows
900.38 - BUILDING PERMITS, CERTIFICATES OF OCCUPANCY, FEES.
1 . Building Permits.
A. No person shall erect, alter, wreck or move any building or
structure or part thereof without first securing a building
permit.
B. An application for a building permit shall be made to the
Building and Zoning Administrator on a form furnished by the
City. All building permit applications shall be accompanied by a
site plan drawn to scale showing the dimensions of the lot to be
built upon and the size and location of the building and
accessory buildings to be erected, off-street parking and loading
facilities and such other information as may be deemed necessary
by the Building and Zoning Administrator to determine compliance
with this and other land use ordinances. No building permit
shall be issued for activity in conflict with the provisions of
this Ordinance except activity for which a variance has been
granted in accordance with Section 900. 40 (5) . The Building and
Zoning Administrator shall issue a building permit only after
determining that the application and plans comply with the
provisions of this Ordinance, the State Building Code and other
111 applicable laws and ordinances. Building permits for commercial
and industrial properties shall not be issued until a letter of
credit in the amount of 3% (three percent) of the valuation is
submitted. Said letter of credit shall ensure compliance with
the grading, drainage, hardsurface, and landscaping requirements
of the ordinance.
C. If the work described in any building permit is not begun
within one hundred eighty (180) days or substantially completed
within two (2) years following the date of issuance thereof, said
permit shall expire and become void. Written notice thereof
shall be transmitted by the Building and Zoning Administrator to
the permit holder, stating that activity authorized by the
expired permit shall cease unless and until a new building permit
has been obtained.
D. No building permit shall be issued for the development of
commercial, industrial or multifamily structures of four (4)
dwelling units or greater for property that is not platted in
accordance with the requirements of Chapter X of the City Code.
2 . Certificates of Occupancy.
A. A certificate of occupancy shall be obtained before:
i . any nonagricultural building, except an accessory
• building, hereafter erected or structurally altered is
occupied or used; and
ii . the use of any existing nonagricultural building, •
except an accessory building, is altered.
B. Application for a certificate of occupancy shall be made to
the Building and Zoning Administrator as part of the application
for a building permit. A certificate of occupancy shall be
issued by the Building and Zoning Administrator following
completion of the building permit activity and a determination by
the Building and Zoning Administrator that the building and its
proposed use complies with this Ordinance and the provisions of
any permit issued pursuant hereto. To the extent practicable, a
certificate shall be issued within ten (10) days after the
completion of building permit activity. The Building and Zoning
Administrator may issue a temporary certificate of occupancy for
a period not to exceed six (6) months when work pursuant to a
building permit is in progress. For residential dwellings,
monies equal to the value of exterior improvements not made,
including but not limited to, grading, topsoil, paving, seeding
or sodding, shall be escrowed with a title company, bank or other
financial institution. This provision shall apply only during
times of the year when such improvements cannot be completed. A-
ccrtificatc of occupancy shall also constitute a b ' ld' g codc
certificate as required by Minnesota Statutes 16. 851.
3. Fees. Fees and charges for processing applications shall be
established by resolution of the Council and collected by the Building 411
and Zoning Administrator for deposit in the City' s accounts. Fees
shall be established for at least the following: building permits,
conditional use permits, subdivisions, zoning amendments, variances
and appeals.
•