6.6. SR 07-16-2007
City of
EI --
River
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Communi Develo ment
Item Description
Request by City of Elk River for Ordinance Amendment to
Land Use Regulations, Section 30-1- Definitions, Regarding
Berms, Case No. OA07-08 Public Hearing
Item Number
6.6.
Prepared by
erem Barnhart, Plannin
Reviewed by
Meeting Date
ul 16, 2007
Reviewed by
Action Requested
Staff supports a Planning Commission recommendation of approval of the Ordinance Amendment as
attached:
See 30-1 Definitions
Berm means a mound or wall of earth.
See 30-543 Berms
Berms constructed within the City shall conform to the following:
(1) Each berm shall have a minimum crown width of two (2) feet;
(2) Each berm shall have a side slope of not greater than three feet
horizontal to one foot vertical (3:1);
(3) Each berm shall be planted and covered with live vegetation;
(4) Construction of the berm shall not interfere with the normal transference of storm water;
(5) Berms shall be constructed of earth, sand, gravel or other non organic or non metallic material only;
(6) Construction of a berm with a height greater than 3 feet in any district requires a permit issued by the
city. Permit application shall include a site plan indicating the exact location of the berm, the width, height
and length of the berm, existing land contours and proposed contours and be signed by the property
owner. The city may require additional information to complete review to confirm these requirements are
met.
Background/Discussion
On May 15th, the City Council has directed staff to prepare an ordinance regarding berms, the primary
concerns being there is no way to tell if a berm is being used to bury or otherwise hide or dispose of large
amounts of waste, e.g. automobiles or if berms are being constructed impeding surface water.
Case File: OA 07-08
Page 2
Berm Ordinance
City of Elk River
Financial Impact
None
Attachments
· Ordinance
General Information
Applicant
60 Day Rule
City of Elk River
N/A
Requested Action
Location and Size
Approval
City wide
Analysis
There are two ways to address the concerns raised by the City Council in ordinance form. One method
would be to create an Ordinance that requires a permit for all berms over a certain height.
Another option is to expand an ordinance, addressing other design issues and concerns. The proposed
ordinance attempts to addresses these other concerns.
Requiring a permit allows for an inspection on taller berms, those that are more likely to be used to hide
materials.
Recommendation
Staff recommends support and adoption.
Respectfully Submitted
Jeremy Barnhart
Planning Manager
Action
Motion by _
Second by _
Vote _
Follow Up
ORDINANCE _-_
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CERTAIN
SECTIONS OF CHAPTER 30 OF THE CITY CODE OF ORDINANCES
RELATING TO BERMS
The City Counell of the City of Elk River does hereby ordain as follows:
Seetion 1.
Seetion 2.
That Section 30-1, tided Definitions, of the City of Elk River Code of
Ordinances shall be amended to add the following definition:
Berm means a mound or wall of earth.
That a new Section 30-543, be added, tided Berms of the City of Elk
River Code of Ordinances, shall read as follows:
Berms constructed within the City shall conform to the following:
Seetion 3.
(1)
(2)
(3)
(4)
(5)
(6)
Each berm shall have a minimum crown width of two (2) feet;
Each berm shall have a side slope of not greater than three feet
horizontal to one foot vertical (3:1);
Each berm shall be planted and covered with live vegetation;
Construction of the berm shall not interfere with the normal
transference of storm water
Berms shall be constructed of earth, sand, gravel or other non
organic or non metallic material only.
Construction of a berm with a height greater than 3 feet in any
district requires a grading permit issued by the city. Permit
application shall include a site plan indicating the exact location of
the berm, the width, height and length of the berm, existing land
contours and proposed contours and be signed by the property
owner. The city may require additional information to complete
review to confirm these requirements are met.
That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 16th day of July, 2007.
ArrEST:
Tina Allard, City Clerk
Stephanie Klinzing, Mayor