6.11. SR 4-15-2002MEMORANDUM
Item # R 11
TO:
FROM:
Mayor and City Co~L~ci_l
Michele McPherso~'Director of Planning
DATE:
April 15, 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
The City Council 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
· Ordinance No 02-
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.
Memo to Mayor and City Council/OA 02-02
April 15, 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 exterior improvements had not been installed at the time
of closing. 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 not to exceed
$50,000 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 City Council approve the attached ordinance amendment
regarding certificates of survey and escrows.
S:\PLANNING\Case Files\OA 02-02 Certif Survey\CC Memo 4-15.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.
Existing Language - Escrow Requirements
900.30 - REGUI~%TIONS ON SCREENING, I~a/qDSCAPING, LIGHTING, STORAGE A/qD
OUTDOOR DISPLAYS
5. Enforcement.
A. Installation. Ail 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.
have not bccn complctcd at thc time a ecrtificatc is rcqucstcd
issuancc cf thc ccrtzfzcatc cf .... ~ .... 3 ................ ~ .........
shall be in an amount cqual to approximately 50% cf the value cf
....................... nstallation~ ~ ......... ~ ..................
~ rcquircd +~ post ao~~ ~ ...............
guarantcc ............ z,. in ........ +
.... ~ ..................... rcquircd landscapc .... ~ ............ arc
Certificate of Survey Data Requirements- Revised Language
Fhe applicant shall submit a site survey showing the location of the proposed structure on the lot to the City of Elk River at
the 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:
2.
3.
4.
5.
6.
7.
8.
10.
11.
12.
13.
14.
15.
16.
.7.
18.
19.
20.
__ Scale of drawing.
North arrow.
Legal description.
Dimensions of the lot.
Provide a benchmark on site of a permanent nature (i.e. top nut of fire hydrant, nail in tree, etc.)
Existing and proposed elevations at all lot corners.
Existing and proposed elevations at house and garage corners.
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.
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).
__ Dimensions of the entire building showing cantilevers, bay windows, egress window well locations, and
elevations.
Front, side, and rear setback distances.
Label all adjacent streets and railroad rights-of-way.
__ Show all ponds, wetlands, lakes, rivers, and creeks/wetland markers.
List location of 100-year high water level of rivers, lakes, creeks, and wetlands.
__ Show existing easements and drainage ways abutting or within the property (natural or man-made).
__ Show proposed decks, porches, driveways, curb cuts, and accessory structures.
__ Show drainage arrows.
__ Show proposed side lot line elevations and high points.
__ Show top of block foundation, garage floor, and lowest floor/opening/entry proposed elevations.
__ Show top of block and finished grade elevations of the nearest corners of any adjacent house, side and
rear.
Show
house
21. __ the front and rear existing pad elevation and proposed elevations of the abutting vacant lot
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 muki-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.
:. __ 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.
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. Ail 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
applicable laws and ordinances. Buildinq 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. Said letter of credit shall not exceed $50,000
(fifty thousand and 00/100) dollars.
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
couumercial, 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.
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 only required
improvements remain unfinished.
~AL~ ~ ~,~ prcgrc$$ . For residential dwellings, monies equal
to the value of exterior improvements not made, including but not
limited to, exterior finishes, grading, topsoil, concrete work,
paving, seeding or sodding, shall be escrowed with a title
company, bank or other financial institution. The City shall
verify completion of said work prior to issuance of the final
Certificate of Occupancy and the release of escrowed monies. A
3. Eees. Fees and charges for processing applications shall be
established by resolution of the Council and collected by the Building
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.
ORDINANCE 02 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 900 AND 1002 OF THE CITY CODE OF ORDINANCES
Case No. OA 02-02
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.30 titled, REGULATIONS ON SCREENING,
LANDSCAPING, LIGHTING, STORAGE AND OUTDOOR DISPLAYS, of the City of Elk
River Code of Ordinances shall be amended read as follows:
900.30 - REGULATIONS ON SCREENING, LANDSCAPING, LIGHTING, STORAGE
AND OUTDOOR DISPLAYS
5. Enforcement.
A. Installation. Ail 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.
financial guarantee to ensure corLplcticn cf thc
imDrovcmonts ~ ~ ~ ...... ~ ~^~ ' ~ ......
.......... ~ .... przor to is ....... cf thc
in an amount equal ~-~v apprcximatc~2 ................... c
uncompleted landscape improvsmonts, and shall bc released
Section 2. Section 1002.06 titled, CERTIFICATE OF SURVEY, of the City of Elk River
Code of Ordinances shall be amended and replaced as follows:
1002.06 - CERTIFICATE OF SURVEY
1. Data Rec~uirements. The applicant shall submit a site
survey showing the location of the proposed structure on the lot
to the City of Elk River at the time of building permit issuance.
Ail 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:
A. Scale of drawing.
B. North arrow.
C. Legal description.
D. Dimensions of the lot.
E. Provide a benchmark on site of a permanent nature (i.e.
top nut of fire hydrant, nail in tree, etc.)
F. Existing and proposed elevations at all lot corners.
G. Existing and proposed elevations at house and garage
corners.
H. 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.
I. 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).
J. Dimensions of the entire building showing cantilevers, bay
windows, egress window well locations and elevations
K. Front, side, and rear setback distances.
L. Label all adjacent streets and railroad rights-of-way.
M. Show all ponds, wetlands, lakes, rivers, and creeks/wetland
markers.
N. List location of 100-year high water level of rivers,
lakes, creeks, and wetlands.
O. Show existing easements and drainage ways abutting or
within the property (natural or man-made).
P. Show proposed decks, porches, driveways, curb cuts, and
accessory structures.
Q. Show drainage arrows.
S:\PLANNING\ORDINANC\oa02-02.doc
R. Show proposed side lot line elevations and high points.
S. Show top of block foundation, garage floor, and lowest
floor/opening/entry proposed elevations.
T. Show top of block and finished grade elevations of the
nearest corners of any adjacent house, side and rear.
U. Show the front and rear existing pad elevation and proposed
elevations of the abutting vacant lot house pad per
approved development plan.
V. 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).
W. Show location of major grade breaks.
X. Custom wooded lots - indicate location, base elevation
size, and type of all trees 6" in diameter at breast
height, and larger.
Y. 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.
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.
E. 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.
Section 3. Section 900.38 titled, BUILDING PERMITS, CERTIFICATES OF
OCCUPANCY, FEES, of the City of Elk River Code of Ordinances shall be amended as follows:
900.38 - BUILDING PERMITS, CERTIFICATES OF OCCUPANCY, FEES.
Building Permits.
A. No person shall erect, alter, wreck or move any
building or structure or part thereof without first
securing a building permit.
S:\PLANNING\ORDINANC\oa02-02.doc
B. An application for a building permit shall be made to
the Building and Zoning Administrator on a form furnished
by the City. Ail 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 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. Said letter of
o
credit shall not exceed $50,000 (fifty thousand and 00/100)
dollars.
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.
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.
S:\PLANNING\ORDINANC\oa02-02.doc
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
only required improvements remain unfinished, whcn work
pursuant to a building pcrmit is in progrcss. For
residential dwellings, monies equal to the value of
exterior improvements not made, including but not limited
to, exterior finishes, grading, topsoil, concrete work,
paving, seeding or sodding, shall be escrowed with a title
company, bank or other financial institution. The City
shall verify completion of said work prior to issuance of
the final Certificate of Occupancy and the release of
escrowed monies ~ ~+~+~ ~
................ occupancy
.... +~+"+~ a ~"~iding ~^~ .... ~~ as rcquircd
Minnesota Statutcs i~.851.
3. Fees. Fees and charges for processing applications shall be
established by resolution of the Council and collected by the
Building 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.
Section 4. That this ordinance shah take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this __ day of ,2002.
Attest:
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk
S:\PLANNING\ORDINANC\oa02-02.doc