7.13. SR 01-23-1995
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ITEM 7.13.
River
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COUNCIL
STEVEN B. ACH, CITY PLANNER~
JANUARY 23, 1995
DATE:
SUBJECT: CODE AMENDMENT FOR SCREENING
AND LANDSCAPING STANDARDS
SECTION 900.30, PUBLIC HEARING
CASE NO. OA 94-5
ISSUE
Consider Ordinance No. 95-_, amending Section 900.30 of the Elk River
City Code relating to screening and landscaping standards.
ATTACHMENTS
e Ordinance 95-_, draft minutes from the 12/27/94 Planning Commission
meeting.
BACKGROUND
This ordinance amendment was originally presented to the Planning
Commission in September and has gone through several meetings and
various drafts. The City Council reviewed this item on November 21st and
provided initial comment at that time. Staff has since responded to those
concerns and submitted another version to the Planning Commission on
December 27th for their comment. The current ordinance amendment has
attempted to meet general concerns from all of those who have participated
during this process. However, the public commenting period has indicated
that their are opposing views on various sections of this ordinance.
Therefore, there are sections that have not gained complete consensus by
everyone involved but it does address a majority of the concerns.
PLANNING COMMISSION REVIEW ON 12/27/94
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Attached are draft minutes from the Planning Commission highlighting their
discussion of the proposed code amendment. Generally, the Planning
Commission's most common concerns were as follows:
13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425
Memo to Mayor and City Council
January 23, 1995
Page 2
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. Providing some type of financial guarantee
. Enforcement measures to make sure improvements are completed in
accordance with approved plans
. Preservation of woodland areas is an important section and may need
stronger language to accomplish its intent.
OVERVIEW
Notable changes included within the proposed ordinance for Council
consideration are as follows:
. Intent and Purpose - This is an important section for any section of
the Code. It gives a broad brush statement providing the
foundation for the standards which follow and the City's policies
toward that particular section of the ordinance.
. Screening - Current ordinance has one long paragraph of
standards. The proposed change includes reformatting this
paragraph into short statements and include a standard for
screening of loading areas.
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. General Landscaping Standards -
-Relax maximum slope requirements
-Added underground irrigation in all multi-family, commercial
and industrial districts
-Eliminated some plan requirements for submittal
-Diversified landscaping requirements by establishing a certain
percentage of ornamental, conifer and overstory trees. (This did
not increase the overall numbers).
-Established a maximum percentage of existing trees that may
apply to total requirement.
. Enforcement
-Deleted one year warranty requirement
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- In light of Planning Commission discussion included a financial
guarantee requirement (see attached memo from Peter Beck for
additional information).
s:council:oa94-5
Memo to Mayor and City Council
January 23, 1995
Page 3
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. Internal Parking
-Included two general statements that applied to parking lot
design and landscaping
. Preservation of Woodlands
Include general statement asking for a tree preservation plan prior to
construction. This does not require the saving of trees nor prevent
removal prior to development.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission has reviewed the proposed ordinance change on
September 27th, October 25th, and December 27th. Subsequent to these
meetings and review of several drafts of the ordinance, the Planning
Commission is recommending approval of the amendments to the Screening
and Landscaping Standards.
RECOMMENDATION
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It is recommended that the City Council approve Ordinance 95-_,
amending the Screening and Landscaping Standards as presented in the
ordinance, or with suggested additions or deletions.
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s:council:oa94-5
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~ORANDUM
LA+KIN, HOFFMAN, DALY" LINDGREN, LTD.
AttorneYI at Law
1500 Norwelt fiJiancla1 Center
7900 Xerx~1 Avenue South
Bloominaton, Minnesota 55431
Telepnono:(612) 835-3800
PAX: (612) 896-3333
TO:
Mayor Henry A. Duitsman
Members of the City Council
Peter Beck, City Attorney
January 16, 1995
Landscaping Ordinance
FROM:
DATIt:
RE:
It is my understanding that the City Council will be considering
propbsed amendments to the City's Land~caping Ordinance at its
meeting on January 23, 1995. For the most part, this ordinance
involves purely policy decisions which are outside the scope of
my role in serving the City Council. I would only note that the
ordinance is considerably more lenient and "developer friendly"
than many of the ordinances I see when representing developers in
metro area communities.
The one section I did want to comment briefly on is Section
.900.30(5) (4), which provides for a financial guarantee to assure
that landscaping improvements are completed. I do recommend that
the Council adopt this concept, if not: the specific language
proposed.
The concept is that persons who receive development approvals
conditioned on making specific landscaping improvements post a
guarantee to ensure that the improvements will in fact be
installed. The idea is that if the applicant does not install
the ~mprovements agreed upon the City can use the guarantee to
encohrage that the improvements be installed or, ultimately, to
actually have the improvements installed. In most instances I do
not believe the proposed financial guarantee would be very large.
I recommend the Council adopt this approach because we have had a
number of situations over the years where an applicant has agreed
to install certain improvements and has failed to do so. When
this happens the Council has to decide' whether to give up on
having the landscaping installed or to have me start a zoning
prosecution action for the applicant's failure to abide by the
terms of his agreement. In most cases this zoning prosecution
will cost the City more than the value of the landscaping
improvements or the proposed financial guarantee.
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S9~~968-~l9 H3~9aHIl ^l~a H~W~~OH HI~~~l wo~~
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We have a number of examples where this has happened, the most
recent of which is Tailwind Trailers. 'We also have some
experience with the results we can obt~in when we do have a
financial guarantee. Towards the end of the Deerfield project we
requ~red Jerry Smith to post a letter of credit guaranteeing he
would install some required retaining walls. Because we had the
letter of credit, the retaining wall work was done.
I believe that a provision such as this can be administered in a
way that will not be unduly burdensome on applicants. For
instance, developers who are posting letters of credit or other
financial guarantees for public improvements should not need to
post an additional guarantee for landscaping, because if the
improvements are not installed we won't need the landscaping. I
would suggest that landscaping improvements be added to the
things the developer is committing to do, but that the size of
the letter of credit not be increased. Following installation of
the public improvements the City would retain a small amount of
the security pledged until all landscaping improvements were
completed also. This should not be much of a burden on the
developers. Other land use applicants (for instance, applicants
for conditional use permits) would be required to post a new
financial guarantee. However, I believe the benefits to the City
of requiring a small guarantee to ensure completion of the
land~caping improvements outweighs any burden on these
applicants. The benefit to the City will be a substantial
savings in attorneys fees to pursue applicants who fail to
install landscaping improvements.
I will be at the Council meeting on January 23, 1995 and would be
glad to answer any questions or discuss this recommendation
further.
PKB:JN8s
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ORDINANCE 95 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.30 (SCREENING
AND LANDSCAPING) OF THE CITY OF ELK RIVER
CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is
hereby amended to read as follows:
See Attached
Section 2. That this Ordinance shall take effect and be in full force from
and after the date of its publication.
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Passed and adopted this _ day of
of the City of Elk River.
, 1995, by the City Council
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
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s:ordinance:900.30
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CITY OF ELK RIVER
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LANDSCAPE REQUIREMENTS
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JANUARY 17, 1995
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900.30 - REGULATIONS ON SCREENING, LANDSCAPING, LIGHTING,
STORAGE AND OUTDOOR DISPLAYS
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For purposes of this Section, the terms listed below shall be defined as
follows:
CALIPER: _The length of a straight line measured through the trunk of
a tree six (6) inches above the ground for up to and including a four (4)
inch caliper size, and twelve (12) inches above the ground for larger
sizes.
CONIFEROUS/EVERGREEN TREE: A woody plant which, at maturity, is at
least thirty (30) feet or more in height, with a single trunk, fully branched
to the ground, having foliage on the outermost portion of the branches
year-around.
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DECIDUOUS OVERSTORY SHADE TREE: A woody plant which, at maturity, is thirty
(30) feet or more in height, with a single trunk unbranched for several
feet above the ground, having a defined crown, and which loses
leaves annually.
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DECIDUOUS UNDERSTORY ORNAMENTAL TREE: A woody plant which, at maturity, is
less than thirty (30) feet in height, with a single trunk, unbranched for
several feet above the ground having a defined crown, and which
loses leaves annually.
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LANDSCAPE: Site amenities, including trees, shrubs, ground covers, flowers,
fencing, berms, retaining walls and other outdoor furnishings.
MECHANICAL EQUIPMENT: Heating, ventilation, exhaust, air conditioning, and
communication units integral to and located on top, beside, or
adjacent to a building.
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2. Screening. All nonresidential principal and accessory uses, except business
signs, which are situated v'Iithin fifty (50) feet of a residential district, shall be
screened from such district by a wall or fence of not less than eighty percent (80%)
~}ty-.BA4not less than five (5) nor more than seven (7) feet in height above-#te
height of the residential property at the district boundary. \Nalls or fences of lesser
heights or planting scre€'H5--ffie-y---ee-f}eFffii.t.t.ed by the Council .H it finds that the
nature or extent of the use being screened is such that a lesser degree of
s€feening will ae€quately prom.efe--9Fld protect the use.-end enjoyment of--#i€
properties in the adjacent residential district, or that screening of the type required
by this ordinance-would inter-f.eFe-witf:t.--the provision of adequate amounts--ef light
and air to said properties.
Mechanical equipment located on the exterior or roofs of nonresidential uses must
el5e--~€l--with material that is architecturally hormoAfous \'\'ith
the design of the principal structure. Plantings may be used as a
replacement of other moteFial to screen exterior
SCREENING: A barrier which blocks all views from public roads and adiacent
differino land uses to off-street parkino areas, loadino areas, service
and utility areas, and mechanical equipment.
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- All nonresidential principal and accessory uses includino off-street parking,
except business sions, which are situated within fifty (50) feet of a residential
district, shall be screened from such district by a wall, fence and/or
landscapino of not less than eiohty percent (80%) opacity.
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- Walls, -Bf fences of lesser heights or plantinq screens may be permitted if
the nature or extent of the use beinq screened is such that a lesser deqree of
screeninq will adequately promote and protect the use and enioyment of
the properties in the adiacent residential district, or that screening of the
type required by this ordinance would interfere with the provision of
adequate amounts of light and air to said properties.
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4, Landscapina
Eh-A. General Requirement Applicable to all Districts,
- 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, or
other living ornamental landscape materials.
- All landscaped areas shall be kept neat, clean and uncluttered.
- No landscaped area shall be used for the parking of vehicles or the
storage or display of materials, supplies or merchandise.
- Undisturbed areas of existing natural vegetation maintained free of noxious
weeds need not be altered.
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- A reasonable attempt shall be made to preserve \vetlands and as many
existing trees as is practical and to incorporate them into the proposed
development plan.
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B.-B. Landscapinq Requirements in Multifamily Districts, Commercial Districts, and
Industrial Districts and Nonresidential Uses in Residential Districts,
i. Application of Requirements. All properties shall comply with the
requirements of this section when new development isor expansions are to
occur on these properties, except for single dwelling unit or two family unit
lots, public parks, playgrounds and athletic facilities, and public -'
and private golf---Geufses, except that club houses, parking ar-ee:s---"El-A-G other
structures accessory to such golf courses shall comply.
ii. Landscape Plan Requirements. Landscape plans shall be prepared by a
landscape architect or other qualified individual-acceptable to the City
Building and Zoning Administrator. Landscape plans shall be drawn to a
scale of not less than one 1l1.Jnch equals ~fifty (50) feet and shall include
the following information:
(a) name and address of property owner and/or developer
(b) name of project
(c) name of preparer of plan
(d) date of plan preparation
(e) boundary lines of the property with accurate dimensions. Note scale
and north arrow.
(f) locations of existing and proposed buildings, parking lots, public roads,
easements and other improvements
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(g) proposed grading plan ","ith two (2) foot contour intervals
(g) location, approximate size and common name of existing trees
(B-bL planting schedule containing:
- symbols
- quantities
- common names and botanical names
- size of plant materials
- root condition specifications
- special planting instructions
(jl) planting details illustrating proposed locations of all new plant material
f14-locations and defei.ls-ef-other landscape features- including berms,
fences, and planter boxes
Ui) details of restoration of disturbed areas including areas to be sodded
and seeded
(mt) indication if irrigation systems 'Nill be used
(n) details of all required screening; and
(et) location of existing wetlands
iii. Minimum Reauirements. All open areas of a lot which are not used and
improved for required parking areas, drives or storage shall be landscaped
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berimeferaffhedesdtibeddreddsmedsuredihfeefdiVidedbyfdrtY(40).
(a) Minimum-Number of Overstorv Trees. The number of overstory trees 00
the lot, tract, or phase line, shall be not less than the perimeter of the lot or
tract as mee-sured in feet divided by forty (40).
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(f) Species.
- all required trees shall be comprised of species which are classified as
overstory, ornamental, and coniferous trees by the American Nurseryman~s
Association.
- not more than 50 percent (50%) of the required number of overstory or
ornamental trees shall be composed comprised of one species.
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(eb) Credit for Oversizinq Reauired Larqe Trees. The total number of
required overstory trees may be reduced by one tree for each new
deciduous tree measuring four and one-half (4-1/2) inches or more in
diameter, or each new coniferous tree measuring ten (10) feet or more in
height, which is planted on the lot or tract. In no event, however, shall this
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credit result in a reduction in the total number of required trees by more than
twenty-five percent (25%).
w-:---ill Maintenance. The property owner of the lot upon which-tAe required
landscaping or screening is located shall maintain all materials in a sightly
and healthy growing condition without cost to the City.
v. Enforcement (k) Placement of Plant Materials.
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5. Enforcement,
(el) 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 f()rthe sLJbject prop(3rty~
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(c) Warranty. The ovmer shall warranty all landscaping for one (1) calendar
year after the issuance of the final Certificate of Occupancy for thei*oject.
(e.J) 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 Planning
Commission for alternate approval.
(4) Performance Guarantee. When landscaping improvements are
required by the ordinance a financial ouarantee shall be supplied in an
amount equal to at least fifty percent (50%1 the value of such landscapino.
Said ouarantee will be released upon completion of required landscapino
improvements.
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8. Liahtina
1. Lightinq.Artificial lighting shall be planned, designed, constructed and
maintained consistent with the following standards:
a. A. Lighting shall be directed away from the public right-of-way and
nearby or adjacent residential or agricultural conservation districts.
b. LCommercial parking lots shall be lighted to a minimum level of three
(3) foot candles. Other parking lots shall be lighted to a minimum level of
one and one half (1-1/2) foot candles.
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c. C. All sources of artificial lights shall be so fixed, directed, designed or
sized that the minimum subtotal of their illumination will not increase the level
of illumination on any nearby residential property by more than 0.1 foot
candles in or within twenty-five (25) feet of a dwelling nor more than 0.5 foot
candles on any part of the property.
d. ~Glare, whether direct or reflected as different from general
illumination, shall not be visible from beyond the limits of the immediate site
from which it originates,
9, Architectural Standards
5. Architectural Standards. All multifamily, commercial and industrial construction
shall be developed in accordance with the following design standards:
a. A. Architectural Plans. Construction plans shall be prepared and
submitted to include:
Elevations of all sides of the building
II. Type and color of exterior building materials
iii. A typical floor plan and dimensions of all structures
iv. Location of trash containers, heating, air conditioning and
ventilation systems
v. Proposed screening of trash containers, heating, air conditioning and
ventilation systems.
B.-B. Exterior Buildinq Finish
i. Standards for the R-3, R-4, C-1, C-2 and PUD zones. One hundred percent
(100%) of the exterior building finish shall consist of materials comparable in
grade and quality to the materials on the list of exterior building finishes
referenced in this section.
ii. Standards for the C-3 zoning. A minimum of seventy-five (75%) of the
exterior building finish shall consist of materials comparable in grade and
quality to the materials on the list of exterior building finishes referenced in
this section.
iii. Standards for the I-I and 1-2 zones. A minimum of twenty-five percent
(25%) of the exterior building finish shall consist of materials comparable in
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grade and quality to the materials on the list of exterior building finishes
referenced in this section.
iv. Approved Exterior Buildino Finishes
(a) Face Brick
(b) Natural Stone
(c) Glass
(d) Wood
(e) Stucco
(f) Aluminum Lapsiding
(g) Masonite
(h) Vinyl
(i) Specially designed precast concrete units or concrete blocks (only if
the surfaces have been integrally treated with an applied decorative
material or textured).
(j) Other approved architectural metal siding
c. C. Roofino Standards. Roofing shall consist of materials comparable in
grade and quality to the following:
h--1 R-3, R-4, C-1, C-2 & PUD shingled or membrane roof
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ii. C-3, 1-1, and 1-2 shingled, membrane, colored metal, or dulled
noncolored (galvalume-Iike) metal on roofs with a pitch of 1 to 12 or
flatter.
d. D. Alterations and Additions. All subsequent additions and exterior
alterations constructed after the erection of an original building or buildings
(when the original building was constructed in conformance with this
section) shall be constructed of materials comparable to those used in the
original construction and shall be designed in a manner conforming to the
original architectural design and general appearance.
e. E. Accessory Structures, Architectural standards as outlined in this
section, shall also apply to accessory buildings.
f. F. Performance Standards. All portions or sides of buildings which abut a
public street or a residential or institutional use or zone or place of assembly
such as a public park or recreational facility shall be constructed of materials
on the list of exterior building finishes referenced in this section.
10. Storaae and Display
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6. Storage and Display. Storage and display on properties shall be planned,
designed, constructed and maintained consistent with the following, at the City's
discretion:
a. A. All materials, supplies, merchandise or other similar matter not on
display for direct sale, rental, or lease shall be stored within a completely
enclosed building or if located within an 1-1 industrial district must be w~thin
the confines of a one-hundred percent (100%) opaque wall or fence not less
than five (5) feet high.
b. JL.Merchandise may be displayed beyond the confines of a building.
The area occupied by such outdoor display shall not constitute a greater
number of square feet than ten percent (10%) of the ground floor area of
the building housing the principal use. Merchandise that is customarily
displayed outdoors, such as garden supplies, shall be exempt from this
provision.
c. C. No storage of any type shall be permitted within one-half (1/2) of the
required front or side street setback nearest the street.
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