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5.4. PCSR 07-10-2007REQUEST FOR ACTION To Item Number Plannin Commission 4 Agenda Section Meeting Date Prepared by Plannin Items ul 10, 2007 erem Barnhart, Plannin Mana er Item Description Reviewed by Ordinance amendment regarding berms Reviewed by Action Requested Staff supports a Planning Commission recommendation of approval of the Ordinance Amendment as presented: Sec 30-1 Definitions Berm means a mound or wall of earth. Sec 30-543 Berms Berms constructed within the City shall conform to the followin (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 ~: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 re~~iew these requirements axe met. The City may require appropriate inspections as necessary to verify the standards of this section are met. Background/Discussion The City Council has directed staff to prepare an ordinance regarding berms, the primary concern being there is no way to tell if a berm is being used to bury or otherwise hid or dispose of large amounts of waste, e.g. automobiles. Case File: OA 07-OS Page 2 Financial Impact None Attachments • None General Information Berm Ordinance City of Elk River Applicant City of Elk River 60 Day Rule N/A Requested Action Approval Location and Size 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 ordinances 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 C:\Documents and Settings\jjohnson\Local Settings\Temporary Internet Files\OLK49\Berm Ordinance to PC 7-10-07.doc