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HomeMy WebLinkAbout05/12/2010 P&Z PacketCITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, May 12, 2010 6:30 p.m. Council Chambers (Scheduled to be televised on Ch. 16) Please be courteous and turn off all electronic devices during the meeting. AGENDA I. CALL TO ORDER AND ROLL CALL II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES: April 14, 2010 — Regular Meeting and Joint Meeting Minutes IV. OPEN MIKE V. ACTION ITEMS A. PUBLIC HEARING to consider Amend the Zoning Ordinance to modify the requirements for Accessory Buildings and Structures — Paul Bengtson B. PUBLIC HEARING to consider Amend the Zoning Ordinance and the subdivision chapter of the City Code regarding development in environmentally sensitive areas, tree preservation, landscaping, planned unit developments, and platting — Jeff Smyser VI. DISCUSSION ITEMS A. None VII. ADJOURN Meeting guidelines on reverse side. City of Lino Lakes Planning & Zoning Board MEETING GUIDELINES Open Mike — The purpose of a Board Meeting is to accomplish the business of the city. When presenting at a meeting please remember to be respectful, and follow these guidelines: • Please address the meeting chair. • State your name and address for the record. • Please observe a 4- minute limit. • The topic must relate to city business. • Open Mike is for items not on the agenda. • A spokesperson must represent a group of five or more — groups will have 8 minutes. • The Presiding Officer may limit duplicative presentations. • Remember, the meeting is to discuss city business only. Public Hearing - Held as a separate item of business on the agenda. The public hearing segment is your opportunity to tell the Board how you feel about issues scheduled to be heard. Typically, a hearing follows these steps: • The Presiding Officer (Chair or Vice - Chair) will announce the proposal to be reviewed and ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all meetings. • Staff will present their report on the proposal. • Board members will then ask City Staff questions about the proposal. • The Presiding Officer will then open up the public hearing for anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Comments should be limited to four (4) minutes unless further time is granted by the Presiding Officer. All comments should be directed to the Board as a body and not to any individual Board Member or City Staff Member unless permission is granted by the Presiding Officer. No person shall be permitted to enter into any discussion, either directly or through a member of the Board without the permission of the Presiding Officer. • After everyone in the audience wishing to speak has given his/her comments, the Presiding Officer shall close the public hearing. • The Board will then discuss the proposal. No further public comments are allowed. • The Board will then make a recommendation(s) and/or a decision. When you are called upon for your comments, please step to the microphone at the podium and state your name and address for the record. Occasionally, the Board may continue a hearing to another meeting before taking action. Meeting Etiquette The Planning & Zoning Board must preserve order and decorum while the meeting is in session. A resident shall not, by conversation or otherwise, delay or interrupt the proceedings or the business of the Board, nor disturb any resident or Board Member while speaking or refuse to obey the orders of the Board. • • • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME 'STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT . STAFF PRESENT April 14, 2010 6 :30 P.M. 7:13 P.M. Elizabeth Brady, Michael Hyden, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Michae'; Root, Paul Tralk (Chair) None Jeff Smyser, Jim Studenski I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning B p.m. on April 14, 2010. The Agenda ° -• •roved¢ III. APPROVAL OF s, x, j March 10, 21 Mr. i'ogalz made a sup • by Mr. Hy IV. OPEN eeting to order at 6:30 TION °approve the March 10, 2010 Minutes. Motion was Motion carried 5 - 0. Chair Tralle de red Open Mike at 6:34 p.m. There was no one present for Open Mike. Mr. Pogalz made a MOTION to close Open Mike at 6:35 p.m. Motion was supported by Mr. Hyden. Motion carried 5 - 0. V. ACTION ITEMS DRAFT MINUTES Planning & Zoning Board April 14, 2010 Page 2 A. PUBLIC HEARING to consider an Interim Use Permit for open and outdoor storage as a principal use in the Light Industrial zone at 2209 Phelps Road City Planner, Jeff Smyser, presented the staff report. Ms. Brady arrived at 6:36 p.m. Staff recommended approval of the application based on the conditions of approval as listed in the staff report. Applicant, Nick Arnt, 2190 Phelps Road, answered questio the board members. Council Members expressed concerns regarding the . . t of storage on the site, possible erosion, and potential for debris to blow off tte.site onto other properties. Staff responded that the materials stored will include bituminous concrete and rubble, of which erosion and debris should not be a factor. The city has not received any, complaints to date for this site. The properties surrounding the site are also/owned by Arnt and there are no residential areas nearby. Mr. Arnt explained that normally amount of storage would not be so great, but due to the economy the crushing of maters seen less frequent causing larger stockpiles than usual. Mr. Arnt explained the e business and future plans. Recyclable materials are accepted and crushed o Staff pointed out where future commercra development might be located. A large area of low wetland exists just north of the site hich will serve as a buffer to any future development to the north. Staff d of anticipate any problems wit the proposed interim use. the Public Hearing at 7:10 p.m. Chair Tralle op was present `;speak on the item. Mr. Pogalz made a MOTION to close the Public Hearing at 7:11 p.m. Motion was supported by Ms. Brady. Motion passed 6 -0. Mr. Hyden made a MOTION to recommend approval of an Interim Use Permit for open and outdoor storage as a principal use in the Light Industrial zone at 2209 Phelps Road based on the following conditions of approval: 1. This interim use permit is issued to and applies only to the property at 2209 Phelps Road, PID 243122420012, and only that part of the property that is north of Phelps Road. This interim use permit is issued to the property. 2. This interim use permit is for open and outdoor storage of vehicles and construction materials. DRAFT MINUTES • Planning & Zoning Board April 14, 2010 Page 3 3. This interim use permit is effective for five (5) years from the date of approval by the City Council. It shall be reviewed at that time. The City Council can extend it at the Council's discretion. Without such extension the permit shall expire. 4. The east end of Phelps Road may be blocked to allow for transfer of material to the north side of the road from the south side by conveyor or other means. a. Any such blocking of the road shall require notice to the Lino Lakes Police Department and the Centennial Fire District at least seven calendar days prior to the desired blocking period. It shall also require consultation with the Police Department and Fire District and an agreement or plan for managing emergency access and other issues related to the blockage. The west end of Phelps Road shall not be blocked during the same period. b. The Police Department shall monitor the situation during any period of such blocking and shall hav ' authorilk to convene a meeting to address any problems that have arisen agreo nt or plan for managing access and other issues shall be r . recommended by the Chief of Police or his representative. c. Blocking of the end of Phelps Road may occur more than once a year but shall not occur for a total of more than eight C weeks of any calendar year. d. Apropriate signage note ng the pubic of the blocking of the road shall be determined and any costf such signage is the responsibility of the property owner. 5. Prior to commencing storage actiy authorized by this interim use permit, a permit or approval must be obtained from the Rice Creek Watershed District. Any conditions or reem- nts of the Watershed District approval are included by reference condit� of this interim use permit. 6. � The repair of iity damage to public roads caused by activity authorized by this interim use permit shall be the responsibility of the property owner. An enforceable agreement or commitment shall be submitted and kept on file. Activi authorized by this interim use permit shall not commence until such a commitment is submitted and approved by the City Attorney. 7. Stormwater management measures must be implemented to the satisfaction of the City Engineer before and during activities authorized by this interim use permit. 8. This interim use permit shall be recorded against the property. Motion was supported by Mr. Pogalz. Motion passed 6 -0. VI. DISCUSSION ITEMS DRAFT MINUTES Planning & Zoning Board April 14, 2010 Page 4 A. Accessory Structures Mr. Smyser updated the board on the status of an application that was reviewed at the March meeting. At a work session, the City Council discussed the application for a variance to build an accessory structure. The council decided that a variance was not appropriate for this situation, but considered that the requirements for accessory buildings should be reviewed. The council directed staff to consider amendments to the existing regulations. The applicant since withdrew the variance application. A Public Hearing will be held at the May P & Z Board Meeting to discuss amending the number and total square footage of accessory buildings allowed by ordinance. VII. ADJOURNMENT Mr. Pogalz made a MOTION to adjourn the by Mr. Nelson. Motion carried 6 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant mg at 7:13 p.m. Motion was supported DRAFT MINUTES • • • • CITY OF LINO LAKES JOINT MEETING CITY COUNCIL AND PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED COUNCIL PRESENT ABSENT P &Z BOARD PRESENT ABSENT STAFF PRESENT April 14, 2010 . 7:25 P.M. . 8:25 P.M. : Mayor Jeff Reinert, Kathi Gallup, Jeff O'Donnell, Rob Rafferty, Dave Roeser : None : Elizabeth Brady, Michael Hyden, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Michael Root, Paul Tralle (Chair) : None Dan Tesch, Jeff Smyser, Dawn Bugge City Council and P &Z Board Members di amending the zoning ordinance regarding access agreed that a variance was not appropriate fe ere request was too varied from e a11owances in existing c of leased land posed a unique situation, as well the fact th temporary. Council and board members agreed variance was not the right approach to allow the us e approach of the council to consider tures. Council and board members ation that was reviewed, as the dinance. In addition, the issue the structure would be somewhat h the use that was proposed, but that a Members dis w to address substandard properties within the city. One suggestion was to adopt a rglati• any building that has been vacant for a number of years could lose its grandfather status. Sta ained that under state law, a non - conforming use loses its grandfather status if the u ses for one year. However, the same use can reopen as long as they meet nt city requir nts. If the use changes, however, the state building code may require upgr to meet current requirements. Members discussedsible improvements to the city's gateway areas. It was noted that one issue with the 49/J arm:" e presence of multiple property owners involved in future development. Other p 'blems with this area include the size of proposed users, road issues, and access issues. Members discussed the idea of the city purchasing certain properties in order to improve the sites. It was noted, however, that this is currenity not a financially feasible option for the city. Members added that land within the Legacy at Woods Edge needs to be addressed as well. Members discussed options of what could be done with the property. It was noted that other communities sometimes offer financial grants or partnerships in order to improve properties or building facades. DRAFT MINUTES Joint Meeting: City Council and Planning & Zoning Board April 14, 2010 Page 2 Members agreed that there are areas of the city that need improvement. However, sometimes developers need encouragement in order to provide good development. The lack of city sewer and water is a big hinderance to development of certain properties. When utilities are unavailable, development is minimal. Members discussed how to open up lines of communication between the council and boards. Council member emails are now available on the website. P &Z Board Members agreed to provide additional information to the council in situations where there is disagreement between the board members on an issue. Staff reminded board members to avoid violating the open meeting law via email between the boards and council. The majority of th u oup cannot be involved in a two -way conversation and cannot email a reply to all of a group at one time Mayor Reinert considered the P &Z Board to be a very fun tionl group and commended their work as a board. He added that they seem to cover all inent questions through their review of items. P &Z Chair Paul Tralle stated that residents often ask him when the bicycle trail in Pine Glen will be completed. He noted that the trail was started but never completed. The neighborhood is developing and residents are wondering when trail development will continue. \\\ Members would like to see more biycle trails throughout the city, e lally for safety reasons. Cul de sacs and dead -end roads can cause problems for. bikers. Me rs discussed whether more could be done to increase the development of trails. Mayor inert noted that trails are funded either through the general fund or park dedication. He added that park dedication must be equitable and follow state law_ Park dedication can be given to the city in dollars or in land. Park dedication dollars can be used for park land or trails throughout the city in any necessary location. It was noted that e Federal e nm e away money for shovel -ready projects. Staff has been asked to' nto available grant money. The Council will revisit the "grant challenge" that was discussed with x Council and board members: agreed t t an annual joint meeting is a good idea. Elizabeth Brady will be resigning from the P &Z Board due to a move out of state. Ms. Brady commended the communication she has had with the board and with city staff Mayor Reinert adjourned the meeting at 8:25 p.m. Respectfully submitted, Dawn Bugge Community Development Assistant DRAFT MINUTES • • • • STAFF ORIGINATOR: P & Z MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM V.A. Paul Bengtson May 12, 2010 PUBLIC HEARING: Zoning Ordinance Amendment Amending the Accessory Buildings and Structures requirements of the Zoning Ordinance In response to a recent Variance request for Accessory Structure area and number, the City Council has directed staff to instead review the ordinance to determine if improvements could be made to better serve the public. The ordinance focuses on the area and number of buildings allowed on a site. However, materials used for construction should also be addressed. The current ordinance is summarized in this table: Accessory Building Area owed Pole B 20 acres or greater No maximum No maximum Acceptable 10 to less than 20 acres 5,000 1 attached and 2 detached Acceptable 5 to less than 10 acres 4,200 1 attached and 2 detached Acceptable 2.5 to less than 5 acres 3,600 1 attached and 2 detached Prohibited 1.25 to less than 2.5 acres 2,020 1 attached and 2 detached Prohibited Less than 1.25 acres 1,200 1 attached & 1 detached, or 2 detached Prohibited Additionally, this section of the ordinance governs Sports Courts, Swimming Pools, Houseboats, Ice Fishing Houses, Docks and Boat Launches, Roadside Stands, and Domestic Animal Shelters. Staff intends to reorganize these uses and changes to them will be minimal to reflect current policy. ACCESSORY BUILDINGS ANALYSIS GENERAL PROVISIONS: One issue that came up during the discussion with the City Council was the treatment of agricultural buildings. State statutes exempt Agricultural Buildings from permit fees and certain aspects of the building code. This is only on parcels of at least 10 acres that are taxed and continually used as agricultural lands. Our current ordinance includes a definition of Agricultural Farm Building that should be struck, and instead the issue should be handled by amending the current General Provision #1 to read as follows: 1) No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory, except in the case of agricultural land as defined by State Statute 273.13, Section 23, as amended. In addition to the four existing General Provisions, staff is proposing to add the following: 5) Gazebos that are attached to the dwelling by a raised deck, porch, or patio shall not be counted towards the maximum area or number of accessory structures allowed on a site, so Ionq as the sides of the gazebo remain at least 50 %, though the open areas may be covered with screens. 6) Fabric structures are allowed, but are counted towards the maximum area and number of accessory structures allowed on a site. This language will add to the ordinance the current interpretations made by staff in enforcement of the current ordinance. AREA ALLOWANCE ANALYSIS: Based on a discussion with the City Council, staff is proposing a simplification of the ordinance, while granting properties a more equitable allowance of accessory building area. Staff is proposing to have four distinct property size categories, and within those categories there will be a minimum allowance and a percentage of lot size allowance. The percentage of lot size allowance will be capped with a maximum to make sure properties will not exceed the minimum allowed in the next level. ................. _........ i_Area_ or ercera go of Lot Siz 20 acres or greater No maximum 10 to less than 20 acres 10,000 s.f. or 1.85% up to 15,000 s.f. 5 to less than 10 acres 5,000 s.f. or 2.21% up to 10,000 s.£ Less than 5 acres 1,200 s.f. or 3.75% up to 5,000 s.f. • • • • • • The following table indicates the proposed allowances on a wide variety of property sizes, with the current ordinance's allowances also listed. If the percentage of lot area allowed is less than the minimum allowed, the percentage value is struckthrough and the minimum is listed. NUMBER OF STRUCTURES ANALYSIS: Considering the increase in area allowed, staff is proposing to increase the number of buildings allowed in the 10 -20 acre level from 1 attached and 2 detached to 1 attached and 3 detached. No other changes are proposed. LOT A (s.f.} CURRENT ALLOWANCE : PROPOSED ALLOWANCE Urban Lot 10,800 1,200 3.75% 451.200 1 acre 43,560 1,200 3.75% 1,634 1.24 acre 54,014 1,200 3.75% 2,026 1.25 acre 54,450 2,020 3.75% 2,042 2 acre 87,120 2,020 3.75% 3,267 2.49 acre 108,464 2,020 3.75% 4,067 2.5 acre 108,900 3,600 3.75% 4,084 3 acre 130,680 3,600 3.75% 4,901 4 acre 174,240 3,600 3.75% 634 5,000 4.9 acre 213,444 3,600 3.75% 8,004 5,000 5 acre 217,800 4,200 2.21% 4,813 5,000 6 acre 261,360 4,200 2.21% 5,776 7 acre 304,920 4,200 2.21% 6,739 8 acre 348,480 4,200 2.21% 7,701 9 acre 392,040 4,200 2.21% 8,664 9.9 acres 431,244 4,200 2.21% 9,530 10 acre 435,600 5,000 1.85% 858 10,000 11 acre 479,160 5,000 1.85% 8T864 10,000 12 acre 522,720 5,000 1.85% 9,670 10,000 13 acre 566,280 5,000 1.85% 10,476 14 acre 609,840 5,000 1.85% 11,282 15 acre 653,400 5,000 1.85% 12,088 16 acre 696,960 5,000 1.85% 12,894 17 acre 740,520 5,000 1.85% 13,700 18 acre 784,080 5,000 1.85% 14,505 19 acre 827,640 5,000 1.85% 15,311 15,000 19.9 acre 866,844 5,000 1.85% 16,037 15,000 20 acre 871,200 unlimited unlimited unlimited NUMBER OF STRUCTURES ANALYSIS: Considering the increase in area allowed, staff is proposing to increase the number of buildings allowed in the 10 -20 acre level from 1 attached and 2 detached to 1 attached and 3 detached. No other changes are proposed. OTHER ACCESSORY STRUCTURES Staff is not proposing to change Swimming Pools, Houseboats, Ice Fishing Houses, Docks and Boat Launches, Roadside Stands, or Domestic Animal Shelters. Staff is proposing to change the Sports Court section to be clearly focused on outdoor facilities only. Indoor facilities are governed elsewhere in the ordinance as either a portion of the principal dwelling or if part of a detached structure, by the detached accessory structure requirements. This section is meant to cover outdoor tennis courts, basketball courts, and the like. Staff would like to include outdoor hockey rinks too, so that the requirements are the same as for other sports courts. This could be done by simply amending the definition of Sports Court as such: Sport Court. An outdoor facility that typically may includes a paved playing surface for one or more sport activities such as, but not limited to, tennis, basketball, hockey rink, or volleyball. PROCESS Following a recommendation by the P & Z Board, staff will present the proposed amendment to the City Council. An ordinance requires two readings (and votes) by the City Council. Upon adoption, it then is published in the newspaper and becomes effective after thirty days have passed. RECOMMENDATION Staff is recommending amending the Zoning Ordinance as outlined in the staff report. ATTACHMENTS 1. Existing Accessory Building and Structures - Section 3 Subd 4.D • • • • • SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. D. Accessory Buildings and Structures. 1. General Provisions. a. No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory. b. A building or portion thereof used for an accessory use, other than home occupation, shall be considered as an accessory building. c. No detached accessory building shall be closer to the front lot line than the principal building or its attached garage except within the R, R -X, and R -BR Zoning Districts, provided the accessory building is set back at least one hundred (100) feet from the street right -of -way. d. Setbacks for accessory buildings in all districts shall be determined in accordance with appropriate district provisions. Location of said accessory buildings shall not interfere with the future subdivision of the property, or be located in any utility or drainage easement. e. A garage in residential districts shall not be utilized for business service or industry. Such garage shall not be used for the storage of more than one (1) commercial vehicle having a gross weight rating exceeding eleven thousand seventy -five (11,075) pounds. 2. Sport Courts. In all districts, the following standards shall apply to sport courts: a. A building permit shall be required for all private residential and commercial sport courts. b. A conditional use permit shall be required for all commercial sport courts. c. An application for a building permit or a conditional use permit shall include a site plan showing the following along with all required information: 1) The size, shape, pavement and sub - pavement materials. 2) The location of the court. 3) The location of the house, garage, fencing, septic systems and any other structural improvements on the lot. 4) The location of structures on all adjacent lots. 5) A grading plan showing all revised drainage patterns and finished elevations at the four corners of the court. 6) Landscaping and turf protection around the court. 7) Location of existing and proposed wiring and lighting facilities. d. Sport courts shall not be located closer than ten (10) feet to any side and rear lot line. Sport courts shall not be located within any required front yard or side yard abutting a street. e. Sport courts shall not be located over under - ground utility lines of any type, nor shall any court be located within any private or public utility, walkway, drainage or other easement. f. Solid sport court practice walls shall not exceed ten (10) feet in height. A building permit shall be required for said walls. Said walls shall be set back a minimum of thirty (30) feet from any lot line. g. Chain link fencing surrounding the sport court may extend up to twelve (12) feet in height above the sport court surface elevation. h. Lighting for the sport court shall be directed toward the sport court and not toward adjacent property. • • • • 3. Swimming Pools. a. Single Family and Two Family Dwellings. The following shall apply to all swimming pools which are intended for use accessory to single - family and two- family dwellings: 1) A building permit shall be required for any swimming pool with a capacity of over five thousand (5,000) gallons or with a depth potential of thirty (30 ") inches. 2) An application for a building permit shall include a site plan showing the type and size of pool, location of pool, location of house, garage, fencing and other improvements on the lot, location of structures on all adjacent lots, location of filter unit, pump and wiring indicating the type of such units, location of back -flush and drainage outlets, grading plan, finished elevations and final treatment (decking, landscaping, etc.) around pool, location of existing overhead or underground wiring, utility easements, trees, similar features, and location of any water heating unit. 3) Pools shall not be located within ten (10) feet of any septic tank and twenty (20) feet from drain field nor within six (6) feet of any principal structure or frost footing. Pools shall not be located in front of the principal building or within any accessory structure setback. 4) The filter unit, pump heating unit and any noise - making mechanical equipment shall be located not closer than twenty (20) feet to any lot line. 5) Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type. 6) Pools shall not be located within any private or public utility, walkway, drainage or other easement. 7) In the case of in ground pools, the necessary precautions shall be taken during the construction to: a) Avoid damage, hazards or inconvenience to adjacent or nearby property. b) Assure that proper care shall be taken in stockpiling excavated materials to avoid erosion, dust or other infringements upon adjacent property. 8) All access for construction shall be over the owner's land and due care shall be taken to avoid damage to public streets and adjacent private or public property. 9) Lighting for the pool shall be directed toward the pool and not toward adjacent property. 10) A structure at least four (4) feet in height shall completely enclose the pool. This structure can be safety fencing of a non - climbable type. Pool walls that are at least four (4) feet in height above finished grade fulfill this requirement. 11) Water in the pool shall be maintained in a suitable manner to avoid health hazard of any type. Such water shall be subject to periodic inspection by the local health officer. 12) All wiring, installation of heating units, grading, installation of pipes and all other installations and construction shall be subject to inspections. 13) Any proposed deviation from these standards and requirements shall require a variance in accordance with normal zoning procedures. 14) All swimming pools for which a building permit is required shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening or other enclosure, or any combination thereof, of sufficient density as to be impenetrable. a) If fences are employed, they shall be at least four (4) feet in height. The bottoms of the fences shall not be more than four (4) inches from the ground. Fences shall be of a non- corrosive material and shall be constructed as to be not easily climbable. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped • • • with self - closing and self - latching devices placed at a sufficient height so as to be inaccessible to all small children. Prior to filling the pool, the approved fence and /or screen must be completely in place and inspected and approved by the City Building Inspector. b) When an above - ground pool has vertical or outward inclined side walls that are at least four (4) feet above finished grade, these fencing requirements do not apply. However, if no fencing is constructed, the ladder must be removable or there must be a lockable access to the ladder. 15) Required structure or safety fencing shall be completely installed within three (3) weeks following the installation of the pool and before any water is allowed in the pool. 16) Back flush or pool drainage water shall be directed onto the property on which the swimming pool is located and ultimately to public storm sewer, if available. 17) Drainage of pools directly into public streets or other public drainageways shall require written permission of the Zoning Administrator. b. Multiple - Family, Commercial and Public Developments. For private swimming pools which are intended for and used by the occupants of a multiple - family dwelling and the guests of the occupants, or for private and public clubs and organizations, the following regulations shall be met in addition to those listed for single and two family dwellings provided in Section 3, Subd. 4.D.3.a. above: 1) No part of the water surface of the swimming pool shall be Tess than fifty (50) feet from any lot line. 2) No pumps, filter or other apparatus used in connection with or to service a swimming pool shall be located Tess than fifty (50) feet from any lot line. 3) The pool area shall be adequately fenced to prevent uncontrolled access from the street or adjacent property. Adequate screening, including but not limited to landscaping, shall be placed between the pool area and adjacent lot lines. 4) All deck areas, adjacent patios, or other similar areas used in conjunction with the swimming pool shall be located at least thirty (30) feet from any lot line. 5) To the extent possible, back -flush water or water from pool drainage shall be directed onto the owner's property. Houseboats. Houseboats are considered accessory structures for purpose of applying this Ordinance and shall comply with the following standards: a. Any object that floats which has sleeping accommodations and facilities for preparing food shall be defined as a houseboat. b. All houseboats which are to be docked or moored within the City limits for a period of six (6) days or more shall require an annual permit. Said permit shall identify the owner, owner's address, boat license number, whether the boat is to be used as a seasonal residence and, if so, for what period of time during the year, type of sanitary sewage facility, water supply, and plot plan showing method of access to public road. c. Each houseboat shall have one (1) off - street parking space within four hundred (400) feet of the access to the docking of such houseboat. d. No houseboat shall be used as a permanent residence and further, that utilities including sanitary sewer, water, electricity, and phone shall not be extended to the houseboat. 5. Ice Fishing Houses. Ice fishing houses stored on parcels of land during summer months shall be considered an accessory building. All ice fishing houses stored on site shall be licensed in accordance with State law. 6. Docks and Boat Launches. Private docks and boat launches may be stored upon riparian lots provided such structures lie upon the same lot as the principal structure to which they serve. • • • 7 Roadside Stands. Seasonal, temporary roadside stands for the sale of agricultural products shall be permitted if: a. They are located in a zoning district which makes a specific allowance for such use; and b. They are located upon the lot on which the produce is grown. c. They are erected at least sixty (60) feet back from the nearest edge of the roadway surface; and d. Adequate parking space is provided off the road right -of -way and safe vehicular access and movements are assured. Rural and Residential Zoning District Accessory Buildings. The following summarizes the maximum number, size, and height of accessory buildings allowed in an individual parcel according to lot size and residential district. a. Twenty (20) Acres or Greater. (R, R -X, R -BR, R -1, R -1X, R- EC, and PSP Districts) 1) No maximum combination of accessory building(s) and garage(s) size requirement. 2) Metal buildings and pole barns acceptable. 3) No maximum height requirement. 4) One (1) attached garage not to exceed one thousand one hundred twenty (1,120) square feet or equal to the size of the house foundation, whichever is greater. b. Ten (10) to Less than Twenty (20) Acres. (R, R -X, R -BR, R- 1, R -1X, R -EC, and PSP Districts) 1) The combination of accessory building(s) and garage(s) shall not exceed five thousand (5,000) square feet. 2) Total allowable accessory building space shall be limited to the following: a. One (1) attached garage and b. Two (2) detached accessory structures. 3) Metal buildings and pole barns acceptable. 4) Attached garages shall not exceed one thousand one hundred twenty (1,120) square feet or equal to the size of the house foundation, whichever is greater. 5) Building height shall not exceed base district requirement. c. Five (5) to Less than Ten (10) Acres. (R, R -X, R -1, R -1X, R- EC, and PSP Districts) 1) The combination of accessory buildings and garages shall not exceed four thousand two hundred (4,200) square feet. 2) Total allowable accessory building space shall be limited to the following: a) One (1) attached garage and b) Two (2) detached accessory structures. 3) Metal buildings and pole barns acceptable. 4) Attached garages shall not exceed one thousand one hundred twenty (1,120) square feet or the size of the house foundation, whichever is greater. 5) Building height shall not exceed base district requirement. d. Two and One -Half (2 1/2) Acres to Less Than Five (5) Acres. (R, R -X, R -BR, R -1, R -1X, R -EC, and PSP Districts) 1) The combination of accessory buildings and garages shall not exceed three thousand six hundred (3,600) square feet. 2) Total allowable accessory building space shall be limited to the following: a) One (1) attached garage and b) Two (2) detached accessory structures. • • • • 3) Attached garages shall not exceed one thousand one hundred twenty (1,120) square feet or equal to ninety (90) percent of the size of the house foundation, whichever is greater. 4) No metal sheet/panel siding with vertical orientation except upon tool sheds Tess than four hundred (400) square feet in area. Metal horizontal lap siding is acceptable. 5) Twenty -four (24) feet maximum height. 6) Roof and exterior color and material compatible with home (except manufactured metal tool shed). e. One and One - Quarter (1 1/4) Acres to Two and One -Half (2 1/2) Acres (R, R -X, R -1, R -1 X, R -EC, R -2, R -3, R -4, R -6, and R -7 Districts) 1) The combination of accessory buildings and garages shall not exceed two thousand twenty (2,020) square feet. 2) Total allowable accessory building space shall be limited to the following: a) One (1) attached garage and b) Two (2) detached accessory structures 3) Attached garages shall not exceed one thousand one hundred twenty (1,120) square feet or equal to ninety (90) percent of the size of the house foundation, whichever is greater. 4) No metal sheet/panel siding with vertical orientation except upon tool sheds less than one hundred fifty (150) square feet in area. Metal horizontal lap siding is acceptable. 5) Twenty -four (24) feet maximum height. 6) Roof and exterior color and material compatible with home (except manufactured metal tool shed). • 7) Lots that have shared ownership /membership in the Lino Airpark may have a three thousand two hundred (3,200) square foot accessory building as an airplane hangar provided that: a.) The hangar be earth tone in color. b.) The hangar conform to Building Code standards for hangar use. c.) The hangar location has direct taxiway access to the Lino Airpark runway. f. Less than One and One - Quarter Acre. (R, R -X, R -1, R -1X, R -EC, R -2, R -3, R -4, R -6, R -7, and PSP Districts) 1) The combination of accessory buildings and garages shall not exceed one thousand two hundred (1,200) square feet. 2) Total allowable accessory building space shall be limited to the following: a) One (1) attached garage and one (1) detached structure, or b) Two (2) detached accessory structures. 3) Attached garages shall not exceed one thousand one hundred twenty (1,120) square feet or equal to ninety (90) percent of the size of the house foundation, whichever is greater. 4) Twenty (20) foot maximum height. 5) No metal sheet/panel siding with vertical orientation except upon tool sheds less than one hundred fifty (150) square feet in area. Metal horizontal lap siding is acceptable. 6) Roof and exterior color and material compatible with home (except manufactured tool shed). 7) Lots that have shared ownership /membership in the Lino Airpark may have a three thousand two hundred (3,200) square foot accessory building as an airplane hangar provided that: a) The hangar be earth tone in color. • • • • b) The hangar conform to Building Code standards for hangar use. c) The hangar location has direct taxiway access to the Lino Airpark runway. 9. Commercial and Industrial Zoning Districts. The following establishes the maximum number, size, and height of accessory buildings allowed in the commercial and industrial zoning districts: a. Only one (1) accessory building shall be allowed not to exceed four hundred (400) square feet except when intended for storage of buses. b. Building setbacks shall not exceed base district requirement. c. Building height shall be limited to twelve (12) feet maximum except when intended for storage of buses per Section 3, Subd. 4.B.2.b of this Ordinance. d. Metal buildings and pole barns are prohibited. e. Roof and exterior color and material shall be compatible with the principal structure. f. Accessory buildings on commercial /industrial sites shall be limited to typical accessory storage uses, no auxiliary commercial/ industrial use shall be allowed within an accessory storage building. g. Site and building plan review shall not be required for accessory building construction as an accessory building that meets the requirements listed herein shall be considered a minor project for the purposes of Section 2, Subd. 5.A of this Ordinance. h. Accessory buildings shall not be located within an easement. j. If the principal building is expanded to cover more of the lot, the accessory building shall be removed if the intended need no longer exists. Building permits shall be required as regulated by the State Building Code. • • AGENDA ITEM V B STAFF ORIGINATOR: Jeff Smyser P & Z MEETING DATE: May 12, 2010 TOPIC: PUBLIC HEARING: Amendments to Zoning Ordinance and Subdivision Regulations Chapter of City Code Regarding Development in Environmentally Sensitive Areas, Tree Preservation, Landscaping, Planned Unit Developments, and Platting BACKGROUND Since the late 1990s Lino Lakes has been pursuing a more environmentally sound means of handling new development. The city's Handbook for Environmental Planning and Conservation Development was printed in 1999. We followed that with the 2004 Parks, Natural Open Space /Greenways and Trail Plan. The I -35E Corridor Alternative Urban Areawide Review in 2005 established a "conservation design framework" for all development within the study area. The draft new Comprehensive Plan further promotes the conservation design principles laid out in all these documents. Chapter 2 creates the Resource Management System Plan, establishing an open space system that corresponds with Environmentally Sensitive Areas created by plans and rules of the Rice Creek Watershed District. Now the City is creating and amending official controls to implement the ideas and plans. The subjects of the public hearing tonight are sections of the zoning ordinance and subdivision regulations, the primary controls for regulating new development. (A new stormwater management ordinance also is in the works.) All the different ordinance requirements need to work together toward the goals of preserving and creating a city wide greenway system through the identification and protection of Environmentally Sensitive Areas. The Rice Creek Watershed District is the governmental entity that regulates wetland impacts and the public drainage ditch system. Extensive environmental research by the District and Lino Lakes resulted in the creation of an overall Environmentally Sensitive Areas (ESAs) map for Lino Lakes. The District's new rule RMP -3 is designed to identify and protect ESAs on individual development sites. The District's rules protect wetlands and include requirements for stormwater design. The Lino Lakes ordinances are intended to provide standards for aspects of development that are beyond the scope of the Watershed District's authorities. In this way, the City and the Watershed District's actions are partners in creating the citywide greenway system of ESAs. City staff have worked with Bonestroo to prepare draft new site layout performance standards and landscaping and tree preservations standards. All of these are intended to apply to all new plats, site plans for commercial /industrial /institutional uses, conditional use permits —in fact, all new development in the city. The site layout performance standards are new. The landscaping and tree standards would replace the existing sections of the zoning ordinance. The process for reviewing new development is as important as the regulatory standards that must be met. While we have been practicing the collaborative method for the past few years, the new process sections will codify those practices into ordinance form. The new collaborative design sections of the subdivision regulations would apply to all new plats and planned unit developments. The PUD section of the zoning ordinance would refer to those sections of the subdivision regulations. This will eliminate redundant and potentially conflicting requirements in the current ordinance. All these documents are drafts that are undergoing revision. It is likely the levels of requirements now in the tables will be pared down. We also will need to clarify some things. For example, tree preservation requirements for a development project should be different from a builder getting a permit for a house and from a homeowner removing a tree in his yard. The Environmental Board discussed the site layout, landscaping, and tree preservation standards on May 4. The results of tonight's P & Z discussion will go to the Environmental Board on May 26. The results of that discussion will be brought to the P & Z on June 9. RECOMMENDATION Open public hearing, discuss amendments, and continue the public hearing to June 9. ATTACHMENTS • Cover memo from Bonestroo o Attachment 1: Draft Site Layout Performance Standards o Attachment 2: Draft Landscaping and Tree Preservation Standards • Draft of part Chapter 1001 of City Code, Subdivision and Platting pages 1 -3 including: § 1001.021 COLLABORATIVE DESIGN PROCESS • Draft of part of section of Zoning Ordinance Section 2, Subd. 10., PUD pages 13 and 14 including: F. Procedure for Processing Planned Unit Development • • • • • • Memorandum Bonestroo To: Michael Grochala, AICP, Community Development Director, City of Lino Lakes From: Ciara Schlichting, AICP Date: April 28, 2010 Re: Draft Ordinances The purpose of this memo is to transmit draft ordinance language and reference materials for the Environmental Board to review at their meeting on May 4, 2010. The proposed ordinance language is intended to implement portions of the Resource Management System Plan in the 2030 Comprehensive Plan Update. The attachments to this memo include the following: Attachment 1: Site Layout Performance Standards The proposed site layout performance standards are for the purposes of accommodating development that protects, conserves and enhances the city's water and natural resources consistent with Comprehensive Plan goals. The standards are organized in three overall categories that mimic Rice Creek Watershed District's Better Site Design Guidelines. The three categories are: Natural Resource Conservation, Disconnect and Distribute Stormwater, and Reduce Impervious Cover. The two overall components of the Natural Resource Conservation section are the surface water management system and environmentally sensitive areas (ESAs). The surface water management system standards require the design of the surface water management system to be based on preserving predevelopment hydrology and environmentally sensitive areas to the extent practical. The ESA standards require the site design to be based on protecting, conserving, and enhancing ESAs to the extent practical while allowing for equitable economic return. A draft landscape -scale map of ESAs is also included. Attachment 2: Landscaping and Tree Preservation Standards The proposed landscaping and tree preservation standards are proposed to replace the existing standards located in the zoning ordinance. The purpose of these standards is to establish landscaping standards and tree preservation requirements that promote high quality site development, compatibility of uses, biodiversity, tree protection, and to enhance the health, safety and general welfare of the residents of the community. Bonestroo prepared example graphics that illustrated the application of the proposed standards, which are included in the attachment. A list of approved and prohibited plant species is also included. Attachment 1: Site Layout Performance Standards Page 1 E. Site Layout Performance Standards. All uses shall comply with the requirements of this section. 1. Purpose. The City developed a Resource Management System Plan based on a water and natural resource inventory and assessment and the vision, goals and policies developed through the comprehensive planning process. The performance standards established in this section are for the purposes of accommodating development that protects, conserves and enhances the city's water and natural resources consistent with Comprehensive Plan goals. 2. Natural Resource Conservation. The two overall components of natural resource conservation are the surface water management system and environmentally sensitive areas. a. Surface Water Management System. The design of the surface water management system shall be based on preserving predevelopment hydrology and environmentally sensitive areas to the extent practical in accordance with the following minimum performance standards: 1) Establish the wetland preservation corridor in accordance with watershed district rules. 2) Reduce the need for surface water management facilities by preserving and integrating natural topography, soils and site drainage into the surface water management system to the degree they can accommodate the additional flow and volume of water without compromising water quality. 3) The preferred conveyance strategy is to transport wherever possible untreated and treated runoff in conveyance facilities open to the atmosphere (e.g., swales, vegetated buffer strips, energy- dissipating structures, etc.) rather than through enclosed pipes, so as to decrease runoff velocity, allow for natural infiltration, allow suspended sediment particles to settle, and to remove pollutants. 4) Site grading shall be minimized to the maximum extent reasonable to minimize impacts to environmentally sensitive areas. 5) The surface water management system shall be designed to meet the performance standards in the Lino Lakes Stormwater Management Ordinance, Lino Lakes Stormwater Design Manual & RCWD Rules. b. Environmentally Sensitive Areas (ESAs). The design of the site shall be based on protecting, conserving, and enhancing ESAs to the extent practical while allowing for equitable economic return. ESAs shall be identified and categorized through the site planning process. 1) ESA Identification and Categorization. During the resource inventory and site analysis process for a property that has an ESA, all ESA features on the site shall be identified on the resource inventory map. Landscape -scale ESAs are mapped and on file with the City. Balancing the goals of natural resource protection and conservation with land use goals requires prioritizing ESAs. ESA categories (i.e., Natural Resource Protected Area) are listed in descending order from the highest to the lowest level of priority. ESA features (i.e., wetland preservation corridor, natural areas, etc.) listed under each category are not prioritized. • • • • • Attachment 1: Site Layout Performance Standards a) Natural Resource Protected Areas. These areas include: i. Streams ii. Lakes Page 2 iii. Wetland Preservation Corridor (WPC): Areas designated as wetland preservation corridor on the landscape -scale WPC boundary shown on Figure 1 in Rice Creek Watershed District Rule RMP 3, as amended. The wetland preservation corridor may include: • Wetlands • Natural and Semi - Natural Areas: Areas designated as Natural and Semi - Natural Areas in accordance with Minnesota Land Cover Classification System (MLCCS). Natural areas are comprised of more than 50% native plants. Semi - Natural areas are comprised of less than 50% native plants. • Floodplain: Areas designated as 100 -year floodplain and regulated under the Lino Lakes Floodplain Ordinance. b) Natural Resource Conservation Areas. These areas include: i. Wetlands Non - contiguous to the WPC. ii. Natural and Semi - Natural Areas: Areas designated as Natural and Semi - Natural Areas in accordance with the MLCCS. Natural areas are comprised of more than 50% native plants. Semi - Natural areas are comprised of less than 50% native plants. iii. Floodplain. Areas designated as 100 -year floodplain and regulated under the Lino Lakes Floodplain Ordinance. c) Natural Resource Corridor Enhancement Areas: Corridors that provide connections between environmentally sensitive areas to establish a more contiguous and complete natural open space system. 2) Minimum Performance Standards for ESAs. The following are the minimum performance standards that shall be used in the site planning process to maximize the function and value of ESAs, to minimize adverse impacts to ESAs, and to allow development activities that will provide equitable economic return. a) Natural Resource Protected Areas. These areas shall be protected and incorporated into new development to maintain the function and value of water resources and associated upland habitat areas while allowing for passive recreational use. Development within natural resource protected areas is largely controlled, and where applicable, prohibited under established regulations. Specific performance standards within a Natural Resource Protected Area are as follows: i. Surface Water. Incorporate lakes and streams into the surface water management system consistent with applicable watershed district, State of Minnesota, and Federal statutes and rules (e.g., pre -treat runoff before discharging into a lake or stream, volume control, and rate control). Attachment 1: Site Layout Performance Standards Page 3 ii. Wetland Preservation Corridor. Establish the WPC in accordance with watershed district rules. The delineated WPC will be established during the site planning process. iii. Vegetated Wetland Buffer. Establish an upland buffer of native vegetation around wetlands within the WPC to maintain water quality and habitat. Development is regulated in the following manner: (a) The buffer shall average at least 50 feet in width, measure at least 25 feet at all points, and meet the average width at all points of concentrated inflow. The location of the buffer shall maximize the protection of ESAs. (b) The vegetated wetland buffer and upland habitat area must meet the requirements in RCWD RMP -3 and the Vadnais Lake Area Water Management Organization, as amended (c) Structures shall be setback a minimum of 10 feet from the edge of the wetland buffer. iv. Natural and Semi - Natural Areas. Conserve and enhance the function and value of these areas for habitat, water quality, surface water management, aesthetics, and passive recreational use. (a) Suitable habitat for rare, threatened, or endangered species shall be protected to the extent practical. (b) The Level Two (T -3) tree preservation and mitigation requirements in Section 3. Subd.4.Q shall apply to Natural Resource Protected Areas. (c) Prairie and other non -woody natural and semi - natural communities shall be considered for protection, restoration, and /or inclusion in the surface water management system. (d) Structures shall be setback a minimum of 10 feet from the edge of protected natural and semi - natural areas. b) Natural Resource Conservation Areas. These areas shall be conserved to maintain the function and value of the area while allowing encroachment and disturbance to accommodate development. Specific performance standards within a Natural Resource Conservation Area are as follows: i. Natural and Semi - Natural Areas. Conserve and enhance the function and value of these areas for habitat, water quality, surface water management, aesthetics, and passive recreational use. (a) Suitable habitat for rare, threatened, or endangered species shall be protected to the extent practical. (b) The Level Two (T -2) tree preservation and mitigation requirements in Section 3. Subd.4.Q shall apply to Natural Resource Conservation Areas. (c) Prairie and other non -woody natural and semi - natural communities shall be considered for protection, restoration, and /or inclusion in the surface water management system. • • • • Attachment 1: Site Layout Performance Standards Page 4 (d) Structures shall be setback a minimum of 10 feet from the edge of protected natural and semi - natural areas. ii. Wetlands Non - contiguous to the WPC: These areas shall be conserved in accordance with applicable watershed district and Army Corps of Engineers rules and permit requirements, as amended. iii. Vegetated Wetland Buffer. Establish an upland buffer of native vegetation to wetlands non - contiguous to WPC to maintain water quality and habitat. (a) The buffer width must be at least 25 feet adjacent to the entire wetland. The location of the buffer should maximize the protection of ESAs. (b) The vegetated wetland buffer and upland habitat area must meet the requirements in RCWD RMP -3 and the Vadnais Lake Area Water Management Organization, as amended. (c) Structures shall be setback a minimum of 10 feet from the edge of the wetland buffer. c) Natural Resource Corridor Enhancement Areas. These corridors shall be established to provide contiguous and complete natural open space system, surface water conveyance, and passive recreational uses. Specific performance standards for Natural Resource Corridor Enhancement Areas are as follows: i. Corridors should minimize natural resource fragmentation by creating connections within and between natural resource protected areas or natural resource conservation areas located on site and on adjacent properties. ii. Corridors should be established where there is a convergence of multiple features, such as surface water management areas, natural and semi - natural areas, and existing or proposed trail corridors. iii. The Level Two (T -2) tree preservation and mitigation requirements in Section 3. Subd.4.Q shall apply within Natural Resource Corridor Enhancement Areas. 3) Wetland Buffer and Upland Habitat Requirements. a) As a condition of approval, a property owner must record a declaration in a form approved by the City establishing vegetated wetland buffer area adjacent to the delineated edge of a wetland and upland habitat defined as an ESA through the site planning process. The declaration must state that on further subdivision of the property, each subdivided lot of record shall meet the monumentation requirement of paragraph E.2.b.3.b. On public land or right -of -way, in place of a recorded declaration, the public owner may execute a written maintenance agreement with the City. The maintenance agreement will state that if the land containing the buffer or upland habitat area is conveyed to a private party, the seller must record a declaration for maintenance in a form approved by the City. b) Buffer or upland habitat area is to be indicated by permanent, freestanding markers at the buffer or habitat area upland edge, with a design and text approved by City staff in writing. A marker shall be placed at each lot line and at all angle and curve points, with additional markers at an interval of no more than 200 feet. On public land or right -of -way, the monumentation requirement may be satisfied by the use of Attachment 1: Site Layout Performance Standards Page 5 markers flush to the ground, breakaway markers of durable material, or a vegetation maintenance plan approved by City staff in writing. c) The application must include a natural resource management plan for City approval that includes the following: site inventory, management goals, management activities, maintenance activities, monitoring activities, funding mechanisms, and any other information requested by City staff. d) The buffer or upland habitat area will consist of vegetated land, primarily plant species native to this region that is not otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer or upland habitat area, actions to address disease or invasive species, or other actions to maintain or improve buffer or habitat area quality, each as approved in writing by City staff. The following are prohibited: land that is cultivated; cropped; pastured; mowed; fertilized; used as a site for depositing snow removed from roads, driveways or parking lots; or subject to the placement of mulch or yard waste. For public road authorities and stormwater system maintenance, the terms of this subsection will be modified as necessary to accommodate safety and maintenance feasibility needs. e) Wetland buffer and upland habitat area may be disturbed to alter land contours or improve buffer and upland habitat function if the following criteria are met: i. An erosion control plan is submitted under which: • alterations are designed and conducted to expose the smallest amount of disturbed ground for the shortest time possible; • fill or excavated material is not placed to create an unstable slope; • mulches or similar materials are used for temporary soil coverage; and • permanent native vegetation is established as soon as possible. ii. Wooded buffer and native riparian canopy trees are left intact. iii. When disturbance is completed: • sheet flow characteristics within the buffer are improved; • average slope is no steeper than preexisting average slope or 5:1 (horizontal:vertical), whichever is less steep; however, preexisting slopes steeper than 5:1 containing dense native vegetation will not require regrading; • the top 18 inches of the soil profile is not compacted, has a permeability at least equal to the permeability of the preexisting soil in an uncompacted state and has organic matter content of between five and 15 percent; and • habitat diversity and riparian shading are maintained or improved. iv. A re- vegetation plan is submitted specifying removal of invasive species and establishment of native vegetation suited to the location. v. A recorded declaration or, for a public entity, maintenance agreement is submitted that states that for three years after the site is stabilized, the • • Attachment 1: Site Layout Performance Standards Page 6 property owner will correct erosion, maintain and replace vegetation, and remove invasive species to establish permanent vegetation according to the re- vegetation plan. vi. Disturbance is not likely to result in erosion, slope failure or a failure to establish vegetation due to existing or proposed slope, soil type, root structure or proposed construction methods. f) No above- or below- ground structure or impervious surface may be placed within the buffer or upland habitat area permanently or temporarily, except as follows: i. A public utility, or a structure associated with a public utility, may be located within a buffer or upland habitat area on a demonstration that there is no reasonable alternative that avoids or reduces the proposed buffer intrusion. The utility or structure shall minimize the area of permanent vegetative disturbance. ii. Stormwater features that are vegetated consistent with E.2.b.3.d may be located within buffer on site - specific approval. iii. Buffer or upland habitat area may enclose a linear surface no more than 10 feet in width and, for buffer, no less than 25 feet from the delineated wetland edge for non - motorized travel if wetland habitat will not be measurably reduced. Trail edge mowing is not permitted. 3. Disconnect and Distribute Stormwater. The guidelines established in this section are for the purposes of maximizing the use of pervious areas at the site to help filter and infiltrate runoff generated from impervious areas and to spread excess runoff over pervious areas. a. Compost and Amended Soils. To recover soil porosity lost due to compaction, soils should be amended to allow for adequate water holding capacity for plant growth and infiltration of runoff. b. Disconnect Impervious Surfaces. Runoff from impervious surfaces such as parking Tots, driveways, and sidewalks should be routed to adjacent pervious areas to be filtered or infiltrated into the soil. c. Rooftop Disconnection. Runoff from rooftops should be spread over lawns and other pervious areas. 4. Reduce Impervious Cover. Less impervious cover directly results in less stormwater runoff and pollutant loads generated at the site. Impervious surface should be reduced to the extent practical. • Attachment 1: Site Layout Performance Standards Page 7 Incentives. To provide for equitable economic return in consideration of protection and conservation of ESAs and surface water management areas, potential incentives may be offered. The following are potential incentives that may be offered (the location of these incentives in the ordinance is yet to be determined): 1) Wetland replacement credits 2) Stormwater management credits 3) Density bonus or transfer 4) Tree preservation credits 5) Landscape requirement credits 6) Park dedication credits 7) Trunk utility and stormwater management fee credits 8) Reduced setbacks 9) Staging plan flexibility 10) Financial incentives when consistent with city policy 11) Reduce required front yard setback to reduce driveway length 12) Reduce required side yard setback to allow narrower frontages to reduce street length 13) Reduce required street width 14) Reduce required cul -de -sac radius 15) Reduce required parking ratios 16) Reduce required parking lane widths 17) Reduce required parking stall dimensions 18) Reduce driveway width 19) Allow shared driveways 20) Allow alternative surfaces for driveways (pervious) 21) Reduced sidewalk requirements • • • • • 1.._.._.._.._.._.._.._. fill _ ._.._.._.._.._.._.._.._.. _.._.._.._.._.._.._.._.._.._..1 • • J • - I Rondeau s.t. Lake • Main S _8-0th St. Ohl Pe tier Lake i Lilac Peltier Lake Elm St. 5 Marshan Lake City of Centerville Main St. 1, i::: 1 Rice Lake 1.. —.. ui j Baldwin Lake �. _..I Reshanau Lake OHU 0.,� ar— ..��t. W • irch St. N 6 Otter ;44, ut � Lake . ■ —. ■— ..— .. —.. —.■ ∎. ■ ∎..■■..U.IIM..IIIIIMS..•••.. ∎.. ∎.. ∎.. ∎.. ∎.. ∎..1111•.. ∎.. ∎.. ∎.■ ∎.. ∎.. ∎........a.. a.. ..... ∎. ■�1. ∎.. ∎..•••.. ∎.. ∎.. ∎. ■ ∎..afl ■.. ■■•.. ∎..a Amelia Lake 1 i Environmentally Sensitive Areas City of Lino Lakes El Municipal Boundary Natural Resource Protected Areas: -- Stream Lake Wetlands Wetland Preservation Corridor Natural Resource Conservation Areas: Wetlands Natural and Semi - Natural Areas 4,000 0 4,000 100 -Year Floodplain Feet Natural Resource Corridor Enhancement Area Note: Data layers are compiled in the same order as the legend. Due to overlapping, actual areas of individual features may be larger than shown. OH Potential Linkage April 27, 2010 Prepared by Bonestroo 1:15861586091 08 /GIS /Projects/environmentally sensitive areas.mxd Attachment 2: Landscaping and Tree Preservation Standards Page 1 Q. Landscaping and Tree Preservation Standards 1 Purpose. To establish landscaping standards and tree preservation requirements to promote high quality site development, compatibility of uses, biodiversity, tree protection, and to enhance the health, safety and general welfare of the residents of the community. 2 Definitions. The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: Approved Species: Species found on the City maintained list which may be planted. The City may restrict applicant's use of approved species in certain situations where the species may be inappropriate. Basic use area: Area dedicated to site's primary use, including building, parking, loading, driveways, outbuildings, trash enclosures, utilities, and grading necessary for implementation of the above uses. Surface water detention ponds are not part of the basic use area. Biodiversity: The variety, distribution and abundance of living organisms in an ecosystem. Buffer: Linear bands of vegetation, and /or space providing separation between two separate land uses. Caliper: Standard measure of tree size for newly planted trees. The caliper inches of a tree is the diameter of the trunk. This dimension is measured at 6" above the ground when the trees are 4" caliper and less. For trees over 4" caliper, the diameter of the trunk is measured at 12" above the ground. Canopy: The top layer or crown of trees. Cutting: The feeling or removal of a tree or any procedure in which the natural result will lead to the death or substantial destruction of a tree. Such acts include, but are not limited to, severe cutting back of limbs to stubs larger than three inches in diameter, and damage inflicted upon the root system of the tree. Cutting does not include normal pruning within the bounds of normal arboricultural practice. Damage: Action or inaction which does not follow good arboriculture practices. Damage may include damage inflicted upon roots by machinery, changing the natural grade above the root system or around the trunk, destruction of the natural shape or any action which causes infection, infestation or decay. DBH: Diameter at breast height, typically measured at 4' -6' above the ground. Detention Area: Area of a detention pond from the normal water level and up the side slopes to 10' offset from the high water level. Disturbance: Any construction, development, removals, earth movement, clearing or other similar activity. Diseased tree: A tree with a health condition which makes it subject to a high probability of failure. Dripline: Imaginary line on the ground that is extended straight downward from the outermost edge of the canopy. Foundation Landscape Zone: Within 15' of the building. Invasive species: A plant non - native to the local ecosystem which exhibits, or has the potential to exhibit, uncontrolled growth and invasion or alteration of the natural functions of any native habitat. Large Shrub: Large shrubs have a mature height over 6'. Attachment 2: Landscaping and Tree Preservation Standards Page 2 Large Tree: Overstory deciduous trees with a mature height of at least 40'. Medium Shrub: Medium shrubs have a mature height of 3' -6'. Medium Tree: Deciduous trees with a mature height over 18' and up to 39'. Native species: A plant species that is indigenous to the local ecosystem. Perennial: A plant, usually a flowering species, having a lifespan of more than two (2) years. Prohibited species: Species that may not be planted within the City that are typically invasive or considered a nuisance. Removal: Actual removal or effective removal through actions resulting in the death of a tree. Root Protection Zone: A protected area around an existing tree established by offsetting the dripline 5' away from the tree center. Screen: A barrier that hinders sight and, potentially, access. Small Shrub: Small shrubs have a mature height of less than 3'. Small shrubs are interchangeable with perennials, ornamental grasses and groundcovers to fulfill landscape requirements. Small Tree: Understory deciduous trees with a mature height of 18' and under. Tree: Any self supporting woody plant, growing up the earth with one trunk of at least 3" dbh, or a multi- stemmed trunk system with a definitely formed crown. Undesirable tree: Trees that are dead, diseased, structurally weak, invasive or trees that are hazardous to people, infrastructure or buildings. Topping: Severe pruning removing at least 30% of a tree canopy, and drastically altering the shape. Whip: Small bare root tree with a juvenile root system. • • • • • • Attachment 2: Landscaping and Tree Preservation Standards 3 Applicability. New residential platted subdivisions, mixed use, commercial, institutional and industrial uses shall be subject to the landscaping requirements. The landscape requirements have been divided into four categories: Canopy Cover (C), Foundation Landscape (FL), Open Areas Landscape (OL) and Landscape Screen (LS). Each category contains one or more levels for the C, FL, and OL requirements. The landscape requirement level applicable to each use is described in the following table: Landscape Requirements by Land Use Page 3 Canopy Coverage (C) ndscape Regi Foundation Landscape (FL) Open Areas Landscape (OL) Landscape Screen (LS) Single Family NA NA OL -1: outlots, OL -3: detention pond areas Multi Farnil Residenti C -2 FL -2: front facade FL -1: back and side facades OL -2: outlots OL -3: detention pond areas Commercial C -1 C -2 FL -2: facades facing public roads or less intense uses FL -1: all other facades FL -2: facades facing public roads or less intense uses FL -1: all other facades OL -1: applicable non - detention areas OL -3: detention pond areas OL -1: applicable non - detention areas OL -3: detention pond areas C -2 C -2 FL -2: facades facing public roads or Tess intense uses FL -1: all other facades FL -2: facades facing public roads or less intense uses FL -1: all other facades OL -2: applicable non - detention areas OL -3: detention pond areas OL -2: applicable non - detention areas OL -3: detention pond areas See Section Q.7 for Landscape Screen requirements Attachment 2: Landscaping and Tree Preservation Standards Page 4 4 Canopy Cover (C). The purpose of this requirement is to mitigate the effects of vehicular hardscape by establishing tree canopy cover to intercept rainfall, protect pavement from sun deterioration, reduce the heat island affect, and improve aesthetics. Vehicular hardscape areas includes loading drives, parking lots, driveways, dropoffs and other areas covered with a hard surface intended for vehicles. a. The required minimum canopy coverage for each level is described in the following table: Canopy Cover (C) Requirements C 25% C -2 60% b. The following equation shall be used to calculate required canopy coverage: Vehicular Hardscape (Square Feet) x Canopy Cover Percent = Required Minimum Canopy Cover (Square Feet) The total of the assigned canopy coverage values for all the trees in or near the vehicular hardscape must be equal or greater than the required minimum. Pervious pavements are considered 50% hardscape. c. The assigned canopy coverage value of each tree is based on planting location, tree size and anticipated tree canopy size 15 years after planting. The assigned canopy cover value to each deciduous tree is described in the following table and illustrations: Assigned Canopy Cover Value Planting Location (for new trees) Interior parking lot islands Within less than 7' of vehicular hardscape edge 7' -12' from vehicular hardscape edge signed Canopy Coverage 100% of the Value* canopy square footage 50% of the canopy square footage 25% of the canopy square footage o v+ v tin �' v .. ' ° H U' o 47 y o' 3- = •c W D'v to c I 41 Large Tree 950 SF, or 1100 SF per tree in islands with 3 or more trees 475 SF 238 SF Medium Tree 490 SF 245 SF 123 SF Small Tree 250 SF 125 SF NA Existing Tree: 6 -12 "dbh 1900 SF 950 SF NA Existing Tree: 12+ "dbh 2850 SF 1425 SF NA *Existing trees have assigned canopy coverage value when the dripline has proximity to the edge of the hardscape; therefore, existing trees do not need to be within less than 7' feet of the vehicular hardscape edge • • • • • Attachment 2: Landscaping and Tree Preservation Standards Page 5 Trees s mounded by hatdxape on 3 sines are valued at 100% Canopy. Trees with aaess to plastron soil outset of the Land are reaui:'eu' to meet so: vClume requirement for a shared bet 5 Foundation Landscape (FL). The purpose of this requirement is to soften and enhance building architecture, define access points, add color and seasonal interest, and to blend buildings in with the natural environment. a. The foundation landscape planting requirement for each level is described in the following table: Foundation Landscape (FL) Requirements Pe 100 linear feet (LF) of Building* Level rees and Shrubs 1 large, 1.5 medium, or 2 small 2 large, 3 medium, or 4 small 3 large, 5 medium, or 10 small 6 large, 10 medium, or 20 small Foundation Landscape Zone Within 15' of the building *Round to the nearest plant b. The following equation shall be used to calculate required foundation landscape plantings: Budding Linear Feet / 100 = # of required trees and shrubs c. The foundation landscape shall be planted in the foundation landscape zone adjacent to the building face where the requirement applies. The City may allow flexible planting locations where service areas or other constraints make the requirement difficult to meet. 6 Open Areas Landscape (OL): The purpose of this requirement is to provide general site beautification and high aesthetic quality with a mix of plant materials in open areas. Open areas include disturbed site areas, such as outlots, cul de sac islands, boulevard medians, storm water detention areas, and disturbed areas that are not located within the foundation landscape zone, vehicular hardscape area or the building footprint. Open areas landscaping shall meet the following requirements. Attachment 2: Landscaping and Tree Preservation Standards Page 6 a. The open areas planting requirements for each level is described in the following table: Open Areas Landscape (OL) Requirements 1 large; 1.5 medium, 2 small 5 medium, or 10 small- 0 Per 5000 SF Per 5000 SF OL -2_' Per 3000 SF Per 3000 SF OL -3 Per 2000 SF Per 2000 SF b. Round all calculations to the nearest whole number of plants. c. Only land above the normal water level shall be included in the open area calculation for storm water detention areas. Planting shall be located above the normal water level in detention areas. The City may require specific tree species in locations where water levels vary. 7 Landscape Screen: The purpose of this requirement is to separate and buffer different land use types, screen roads and parking, and hide utility and loading areas. Landscape screens shall meet the following requirements. a. Between parking lots and public sidewalks or areas where parking is adjacent to residential uses, provide a year round screen at least 30" in height. The parking lot screen shall be implemented through one of following methods: 1) Provide continuous shrub cover. Shrubs must be located and spaced to achieve 100% opacity within 5 years. See Q.7.d. 2) Provide a continuous wall constructed of permanent materials. b. Provide a year round screen at least 6 feet in height where any of the following situations apply: 1) Between residential uses and arterial or collector roads. 2) Between any development adjacent to a less intense land use. 3) Between loading and service areas and the public view. c. The year round screen 6 feet in height screen shall be implemented through one of the following methods: 1) Provide continuous shrub cover. Shrubs must be located and spaced to achieve 100% opacity within 5 years. See Q.7.d. 2) Provide a 6' wall or fence constructed of permanent materials. Provide continuous shrub cover for 50% of the wall or fence on the exterior side. 3) Provide a 6' berm or a 4' berm with continuous shrub cover. Shrubs must be located and spaced to achieve 100% opacity within 5 years. See Q.7.d. • • • • • • Attachment 2: Landscaping and Tree Preservation Standards Page 7 d. To achieve 100% opacity with shrubs, a double row of plants with triangulated spacing shall be used. See illustration. Shrubs shall be spaced so that visibility through the screen is completely blocked within 5 years of the time of planting. Small shrubs shall be a planted at a maximum of interval of 3' on center, medium shrubs shall be planted at a maximum interval of 4' on center, and large shrubs shall be planted at a maximum interval of 6' on center unless otherwise authorized by the City. e. In addition the shrub and wall screen requirements, all screens shall be planted with large trees every 50 LF, medium trees ever 35 LF, or small trees every 25 LF or some combination thereof, along the length of the screen. f. Existing vegetative screens should be left in place unless composed of invasive species or otherwise directed by the City. Existing screens may be enhanced with new plantings to comply with the requirements. f. Berms shall be irrigated with maximum side slopes of 3:1. g. Permanent walls shall be offset by a minimum of 2' at intervals of 75' maximum length for stability and visual relief. See illustration. h. Approved permanent wall materials include wood, metal, masonry, concrete and stone. 8. Boulevard Tree Requirements: a. Boulevard trees are required at the rate of one tree per 70 linear feet of road frontage where property fronts any public road. The City shall collect a standard fee per tree based on the estimated market rate cost to purchase and install trees within the development site. b. Existing trees may be used to fulfill boulevard tree requirements at the City's discretion. 9. General Landscaping Requirements: a. Desirable existing trees may be used to fulfill Canopy Cover, Foundation Landscape and Open Areas Landscape requirements if applicable by placement. Desirable existing trees are valued according to the following table: Existing Tree Value Deciduous trees under 6" DBH or Evergreen trees under 12' tall Deciduous trees between 6 " -12" DBH or Evergreen trees between 12' -20' tall Deciduous trees' over 12" DBH or Evergreen trees over 20' tall. Tree Value 1 large tree 2 large trees 3 large trees b. Requirements may be met by grouping different sizes of trees and shrubs. c. New trees may fulfill Canopy Coverage, Foundation Landscape and Landscape Screen requirements simultaneously if applicable by placement. Attachment 2: Landscaping and Tree Preservation Standards Page 8 d. An existing tree is considered to be removed if the tree trunk is damaged or if more than 30% of the dripline area is disturbed during the construction process. e. The City may allow flexibility in landscape requirements if there are conflicts with solar power, wind power, water harvesting, food production or other innovative measures proposed for the site. f. The landscape plan shall be compared to all applicable CPTED (Crime Prevention Through Environmental Design) standards and reviewed by the police department. g. Trees and shrubs shall not be planted in the right of way without City authorization. 10. Landscaping Guidelines and Technical Requirements: The purpose of the guidelines and technical requirements is to encourage plant longevity, minimize maintenance, and mitigate conflicts with other site features. An initial investment in high quality materials, careful design and planning, and proper construction techniques can result in plant longevity and long term maintenance cost reduction. a. Species Selection: Appropriate species selection is critical to maximize the benefits of plant materials. Healthy, long lived plants well suited to a site will reduce maintenance and replacement costs, while providing the most aesthetic and environmental gain. Native species in the built environment will supplement and connect the existing natural areas. Diversity is also important for an overall healthy and balanced landscape that is less susceptible to pests and disease. 1) The City shall maintain a list of approved species. The list is based on Lino Lakes area natural vegetative cover and includes additional hardy, non - invasive species. Approved species are classified by size. For each site, plants shall be selected based on mature size and adaptability to site conditions, such as microclimate, salt, pollution and other factors. The list of approved species is not exhaustive. Applicants requesting to plant a species not on the list shall submit species name, height, width, form, hardiness zone, and other relevant information. The City shall classify new species based on tree size standards. For large projects the City may require applicants to comply with the following requirements: i. Species diversity ii. A minimum percentage of native species iii. A minimum percentage of large trees iv. A minimum percentage of evergreen trees. 2) The City shall maintain a list of prohibited species. This list includes species that are invasive or have other negative characteristics that may lead to ecological damage. 3) Exposed soil is not allowed. All areas not covered by a structure or hardscape shall be planted and mulched in accordance with the following: i. In areas with low pedestrian traffic, the use of low maintenance turf, typically fescue blends, is encouraged. In areas of high pedestrian traffic, the use of turf mixes with a higher percentage of rye grass is encouraged. ii. Turf in areas near roads and parking lots shall be salt tolerant. • • Attachment 2: Landscaping and Tree Preservation Standards Page 9 Groundcovers shall be turf, perennials, annuals, small grasses, or low spreading shrubs. Type of groundcover should be determined by site conditions and anticipated use. Mulch is acceptable in landscape beds and areas not suitable for living groundcovers. iv. Hardy perennial forbs and ornamental grasses should be used in car overhang areas and places where snow may be stored. 4) Annual plantings should be minimized within 10' of a tree. The process of frequently replanting may damage the tree's shallow root system. 5) Seed mixes should be used in large expanses of naturalized areas. The City shall maintain a list of approved seed mixes. Where seed mixes are used, the City may request that visible edge treatments be planted with more deliberate groupings of flowering plants. 6) A permanent solid edge such as a 6" concrete, stone or other barrier is required between native seeded areas and turf unless otherwise approved by the City. b. Planting Requirements: 1) To promote development of a large, healthy canopy, trees shall be planted in accordance with the requirements in the following table and illustration: Planting Requirements Minimum island width for roots (back of curb to back of curb) Minimum tree opening Minimum planting soil Minimum cubic feet of soil available per tree in a single bed Minimur cubic feet of soil available per tree in a shared bed c three sided island Large Tree 9' -0" 4'x6'or 5' x 5' 24" 400 CF 325 CF Medium Tree 6' -0" 4'x6'or 5' x 5' 24" 250 CF 215 CF Ti 5' -0" 4' x 5' 18" 180 CF 135 CF 16' typicat car space Calculate planting soil wc«lume b ength x Width x Depth Engineered Planting Soil Minimum Island Width dimension can be reduced to the Minimum Tree Opening dimension if reath adjacent hardscape to achieve required engineered planting soils are us Attachment 2: Landscaping and Tree Preservation Standards Page 10 2) Soils: Landscaped areas need high quality soils that retain moisture for plants to use, but drain adequately. Soil shall be uncompacted existing soil, new planting soil or engineered soils designed to allow plant growth. Proper soil preparation helps to ensure long term survival of the plants and to reduce the need for ongoing maintenance, additives, and pest control. If soil compaction exceeds 1400 kPa (200 psi) at the time of planting, the soil shall be loosened. Preexisting soils may be used and should be protected from compaction during construction. 3) Mulch: Mulch helps plant health by keeping the soil moist, protecting soil nutrients, preventing erosion, encouraging infiltration, and inhibiting weed growth. Mulch from decomposing materials such as wood chips enriches the soil over time. Although decomposing mulch needs to be replenished approximately twice a year to maintain adequate thickness, once plants grow together there is often need for little or no mulch. Mulch shall comply with the following requirements: a) Provide mulch at a depth of 3 -4" for wood chips, 4 -6" for shredded bark and 3 -4" for rocks or other non - organic matter. b) Provide a 3' minimum diameter mulch ring at the base of trees. c) Prohibit mounding mulch at the bases of trees, or allowing mulch within 4" of plant stems and trunks, as this will cause them to rot. d) If used, only water permeable fabric is permitted as a weed barrier. e) Leave one inch of space from the top of the mulch layer to adjacent hardscape surfaces to prevent spilling. f) The City may limit certain types of mulch in areas where safety or spilling may be an issue. g) Mulch should not be mixed with underlying soil. 4) Fertilizer: When fertilizer is used, organic and slow release fertilizers are recommended. 5) Drainage: Tree planting pits shall drain adequately. Drainage for trees may be accomplished through the use of non - compacted and well draining soils. The City may require the following drainage test: Dig 8" diameter holes 1' deep and fill with water. If the holes do not drain within 24 hours adjust bed design or composition in order to achieve proper drainage. If the underlying soils retain water, the applicant shall provide additional drainage measures. 6) Tree protection after construction: Bollards, barriers, or spacing may be necessary to protect trees from cars. Bike parking should be included to discourage locking bikes to trees. For tree protection during construction see Section Q.15. c. Tree and Infrastructure Placement: Tree placement should be given consideration when locating overhead and underground utilities. Service utilities should be located outside of plant beds where they may conflict with tree plantings. Consider using conduits for buried utilities to allow future work with less disruption to roots. The clearances in the • • • • • Attachment 2: Landscaping and Tree Preservation Standards Page 11 following table are recommended from the center of the tree trunk to avoid future conflicts: Tree and Utility Spacing Recommendations Utilit Distance to Center of Tr Lights, Utility Poles, Fire Hydrants 10' Water, Sanitary, Storm and Gas lines 6' from the center of the line. Conduit for dry utilities (electric, cable) 3' Utility clean outs and access points 3' Overhead utility lines (consult utility company for additional requirements) 5' to mature tree canopy (may require trimming, topping is prohibited, see Section Q.10.f) d. Clear Vision Area for Local Residential Roads: Shall mean the triangular area of a corner lot formed by the intersection of the right -of -way (ROW) lines and a line connecting them at points 20' from the intersection unless otherwise directed by the City (see illustration). Within this area, visibility shall be unobstructed between a height of 30 inches and 8 feet above the center line grades of the intersecting roads. Clear Vision Area for County Roads: Shall be determined on a case by case basis, depending on the road alignment, grading, traffic speed and the nature of the intersection and is subject to County and City review. e. The minimum plant size requirements are described in the following table: Minimum Plant Size Requirements Plant Type Minimum Size* Large trees Bare Root - 1.75" Balled and Burlapped or Container - 2" caliper Medium and small trees Bare Root - 1.5" Balled and Burlapped or Container - 1.5" caliper Evergreen trees 6' height Large shrubs 3 gallon container Medium shrubs, small shrubs and groundcovers 1 gallon container Ornamental grasses and perennials 4" pot * City may limit bare root plantings in areas of high visibility. In selected situations the City may allow ten (10) whip bare root plantings, or five (5) 3/4" caliper bare root plantings to be substituted for 1 large tree. Bare root plantings must be protected with rodent guards. f. All boulevard trees shall be balled and burlapped and a minimum size of 2" caliper g. Installation and Maintenance 1) Installation: Proper planting is the first and most important step toward establishing healthy and low maintenance vegetation. All plantings shall be installed in accordance with standard practices of horticultural professionals. Attachment 2: Landscaping and Tree Preservation Standards Page 12 Stem girdling roots are often fatal for trees that have been planted too deep or have mulch or soil built up around the trunk. All trees shall be planted so that the root flare (where the trunk widens out just above the roots) is visible above the ground level and the highest large root is within 1/2" of the ground surface. All adventitious roots should be cut away at the time of planting to avoid the formation of stem girdling roots. 2) Maintenance: The property owner or if applicable, the homeowners association, shall be responsible for maintenance of landscape elements (plants, structures, pavement, etc.) so as to present a neat and aesthetically pleasing appearance free of any unhealthy or potentially unsafe conditions. Landscaping shall be maintained to be weed -free, healthy, trimmed, mown, edged, reseeded, pruned, and replaced with similar plant species if necessary. Specific requirements for watering and pruning follow: i. Watering: All plantings require regular watering for at least the first three years to get established. Once the root system has developed, many hardy plants, especially native plants, may only need supplemental watering in drought conditions. Cultured turf areas and landscape berms shall be permanently irrigated. The City may allow low maintenance turf to be non - irrigated if a method for supplemental watering, such as a spigot or rain barrel, is provided. For landscape beds ongoing irrigation may be provided through a permanent or temporary system, or by hand. (Note: typical installed irrigation systems do not provide adequate water for new trees.) Permanent irrigation systems with an automatic controller shall utilize rain sensing technology. Overspray should not fall outside of the landscaped area. Water efficient drip or underground irrigation is required in shrub and groundcover landscape beds for permanent systems. Temporary systems may use spray irrigation for shrubs or plugs. See Water Conservation Ordinance for additional watering requirements. ii. Pruning: Plants shall be pruned to avoid conflict with other structures, remove dead or diseased limbs and for optimum shaping. The City recommends that trees be pruned by a certified arborist every 4 -7 years, which can help reduce maintenance costs. Topping or extreme crown reduction is prohibited unless the tree is a safety hazard or such measures are approved by the City. Trees overhanging walkways should be pruned up to 7' when mature. Trees overhanging streets should be pruned up to 10' when mature. Smaller trees should receive limited pruning appropriate to the size and age of the tree. Branches that are hazardous for any reason shall be removed immediately. The City may direct pruning. The property owner or if applicable, the homeowners association, shall be responsible for removing any trees or shrubs or parts thereof that are dead, diseased or overhang or interfere with traffic control devices, public sidewalks, or rights -of -way. to • • • • • Attachment 2: Landscaping and Tree Preservation Standards Page 13 11. Tree Preservation and Mitigation Requirements: The purpose of these requirements is to protect valuable trees and stands of vegetation, while not interfering with landowners' reasonable use and development of property. The goal is to minimize unnecessary loss of habitat, biodiversity and forest resources and to replace removed trees in areas where tree cover is most critical. a. Tree preservation and mitigation requirements for each level are described in the following table: Tree Preservation and Mitigation Requirements Environmen___ Sensitive Area (ESA) Category Tree'. Location: within Basic Use Area Tree Loca ion: not within Basic Use Area Deciduous trees 6" dbh and over or Evergreen trees between 12'- 20' tall Deciduous trees 6 -12" dbh or Evergreen trees between 12' -20' tall Deciduous trees over 12" dbh or Evergreen trees over 20' tall Non -ESA Level T -1 no mitigation required provide 1 tree per 1 tree removed provide 1 tree per 2 trees removed Natural Resource Conservation Area or Natural Resource Corridor Enhancement Area Level T -2 provide 1 tree per 4 removed provide 2 trees per 1 tree removed provide 3 trees per 2 trees removed Natural Resource Protected Area Level T -3 provide 1 tree per 2 removed provide 2 trees per 1 tree removed provide 3 trees per 2 trees removed b. Trees used for mitigation purposes must meet the Landscaping Guidelines and Technical Requirements in Section Q.10. c. Trees used for mitigation may also fulfill the Open Areas Landscape Requirement at the discretion of the City. d. Trees with thirty percent (30 %) of the roots damaged are considered to be removed and must be mitigated for at the applicable rates. e. Undesirable trees are not subject to preservation and mitigation requirements. f. Trees on single family lots are not subject to preservation and mitigation requirements. Replacement trees shall be planted on site. 9. h. The applicant may request to pay a fee per tree in lieu of some or all of the trees required for mitigation. At the City's discretion, the City may accept the fee for planting trees within the general area of the development project. The City shall maintain a standard fee per tree based on the estimated market rate cost to purchase and install trees. Attachment 2: Landscaping and Tree Preservation Standards Page 14 12. Tree Survey: a. A tree survey is required for all property that contains a deciduous tree greater than 6" dbh or an evergreen tree greater than 12' tall. At the City's discretion, the tree survey requirement may be waived under the following circumstances: 1) Deciduous trees greater than 6" dbh or evergreen trees greater than 12' tall will not be removed or are likely to be impacted by construction. 2) Deciduous trees greater than 6" dbh or evergreen trees greater than 12' tall will only be removed within the basic use area and the basic use area is not an ESA. b. The tree survey shall be the basis for the tree protection plan, tree mitigation requirements, and the use of existing trees to fulfill landscape requirements. c. The tree survey must include tree species, size, location, dripline, canopy line and tree condition for all deciduous trees over 6" dbh, all evergreen trees greater than 12' tall, or the location of tree stands proposed for protection, including trees on adjacent properties where the root zone extends onto the development property. 13. Tree Protection Plan: a. A tree protection plan shall be required for all soil disturbance activities where tree preservation and mitigation requirements apply in accordance with Q.11.a. A tree protection plan shows how protection and mitigation requirements will be met and how preserved trees will be protected during construction and other potentially harmful activities. b. The tree protection plan shall be based on the tree survey. c. If a tree survey shows that no desirable deciduous trees over 6" dbh or evergreen trees greater than 12' in height on the development property or adjacent properties are near the construction area, the City may waive the tree protection plan requirement. d. A tree protection plan shall include: size (dbh), species, condition, location, and root projection zone (5' out from the dripline) for all deciduous trees over 6' dbh or evergreen trees greater than 12' tall to be preserved or the combined root protection zone of all stands of trees designated for protection, whichever is applicable. The plan shall show location and type of tree protection fence, staging areas, and concrete washout areas. Fencing shall be installed and inspected by the City prior to soil disturbance. The plan shall show directional felling if necessary to avoid damage to adjacent trees. e. Trees to be preserved shall be tagged in the field and keyed to the tree protection plan. The City may inspect the trees to verify compliance with the protection plan at any time during construction. f. The tree protection plan should not conflict with natural resource management plan required for environmentally sensitive areas. See Section 2, Subd. 6.E.2.b. See the Stormwater Ordinance for other construction related requirements. g. 14. Individual Lot Tree Preservation Plan: To be determined. • • • Attachment 2: Landscaping and Tree Preservation Standards Page 15 15. Tree Protection During Construction: Trees that are to be preserved must be protected • by the following methods unless otherwise approved by the City. • • 1) Tree protection fencing shall be installed and maintained 5' out from the identified drip line of the trees (root protection zone) prior to soil disturbance. Fencing shall be a minimum of 4' high and of a highly visible material, such as snow fence or polyethylene laminar safety netting, and must be standing throughout the construction process. Cut roots with clean, pruning cuts at the fence line prior to fence installation to avoid later tearing of the roots. Signage should be installed to instruct workers to stay out of the root protection zone. 2) Areas where development must encroach upon the root protection zone must be identified on the tree protection plan in which case the fencing shall be installed at that edge. 3) No actions that may harm the health of the tree, including, but not limited to construction, traffic, compaction, storage of equipment or materials, including soil, grading, or concrete washout areas may occur in the root protection zone. 4) Trees damaged by construction, or with more than thirty percent of the roots disturbed, shall be counted as removed and mitigated at applicable rates. 16. Non - Compliance: If the City finds that the property is not in compliance with the approved landscaping plan, it shall inform the property owner or if applicable, the homeowners association, regarding the non - compliance and describe, in writing, the steps needed to bring the property into compliance within a reasonable timeframe, not to exceed sixty (60) calendar days. 17. Use of Performance Security: If after notification of non - compliance, the property owner or if applicable, the homeowners association, fails to achieve compliance within sixty (60) calendar days, the City may exercise its authority to use the performance security to address compliance. Canopy Cover Figure 1: Sample Development: Large tree (typ symbol) Vehicular hardscape (shaded area) Mixed Use development must meet the C -1 Canopy Cover Requirement: 25% canopy coverage over the vehicular hardscape area. Sample Calculations: Total vehicular hardscape area = 20,911 SF Requirement is to achieve 25% canopy coverage over hardscape: 20,911 x .25 = 5228 Tree Value Shown: 6 Large Trees in interior islands: 6 x 950' = 5700' The required SF of canopy coverage (5228 SF) has been met. The requirement could also have been met by using smaller trees and /or trees placed around the perimeter. F -1 • • • Canopy Cover Figure 2: • 2 large trees in interior islands Existing tree (15" dbh) • Sample Development: Commerical development must meet the C -2 Canopy Cover Requirement: 60% canopy coverage over the vehicular hardscape area. Sample Calculations: Total vehicular hardscape area = 33,280 SF Requirement is to achieve 60% canopy coverage over hardscape: 33,280 x .60 = 19,968' Tree Value Shown: 1 Existing Tree over 12" dbh (value of 3 large trees) around perimeter: 3 x 475' = 1425' 5 Large Trees in interior island with more than 3 trees: 5 x 1100' = 5500' 6 Large Trees in interior islands: 6 x 950' = 5700' 1 Medium Tree in interior island: 1 x 490' = 490' 15 Large Trees around perimeter: 15 x 475' = 7125' Total Canopy Coverage: 1425' + 5500' + 5700'+ 490' + 7125' = 20,240' fihe required SF of canopy coverage (19,968' SF) has been met. Large tree (typ symbol) Medium tree (typ symbol) Vehicular hardscape (shaded area) 4 large trees in interior islands 5 large trees in interior island with more than 3 trees. F -2 Prohibited Species: Invasive and nuisance species are typically prohibited. The City may also prohibit the use of any species classified as invasive by the DNR or MnDOT. Common Name Norway Maple Amur Maple Common Buckthorn Barberry Burning Bush Russian Honeysuckle Miscanthus Grass Japanese Spirea Scientific Name Acer platanoides Acer ginnala Rhamnus cathartica Berberis thunbergii Euonymus alata Lonicera tatarica Miscanthus sylvestris Spiraea japonica Approved Species: Large Trees: Large tree species are typically overstory canopy trees reaching heights of 40' or more. Large trees are often high enough to not interfere with signage and accessibility in a developed area. Large Trees: Deciduous Common Name Oak Maple Hackberry Birch Honeylocust Linden/Basswood Ginkgo Kentucky Coffee Tree Amur Cork Tree Catalpa Willow Robusta Poplar European Larch Elm Ironwood Scientific Name Quercus spp (all climatic Zone 4 varieties) Acer spp (all climatic Zone 4 varieties with the exception of Acer Platanoides (Norway Maple) Celtis occidentalis Betula spp(all climatic Zone 4 varieties) Gleditsia tricanthos Tilia spp (all climatic Zone 4 varieties) Ginkgo biloba (male tree only) Gymnocladus dioica Phellodendron amurense Catalpa speciosa Salix spp Pupulus x Robusta Larix decidua Ulmus spp (all climatic Zone 4 and Dutch Elm resistant varieties) Ostrya virginiana Bitternut Hickory Carya cordiformis Note: All Ash (Fraxinus spp are currently prohibited due to the Emerald Ash Borer unless approved by the City) • • • • • • Medium Trees: Medium trees are usually 19' -39' high and may be understory trees, or small cultivars or varieties of larger trees. Medium sized trees often have ornamental value such as fruit or flowers and are useful in smaller areas or to suit the scale of a pedestrian environment. Medium Trees: Deciduous Common Name Scientific Name Ohio Buckeye Aesculus glabra Crabapple Malus spp (all climatic Zone 4 varieties, note that some may be small trees) Hawthorne Crataegus spp (all climatic Zone 4 varieties, note that thornless varieties and proper placement should be considered) Amelanchier spp (all climatic Zone 4 Serviceberry varieties) Musclewood Carpinus caroliniana Cherry Prunus spp (all climatic Zone 4 varieties) Native Chokecherry Prunus virginiana Mountain Ash Sorbus acuparius Japanese Tree Lilac Syringa reticulata * Many types of medium trees, may actually be small trees or shrubs depending on the specific characteristics of the species, variety or cultivar Small Trees: Small trees are often used for accent plantings, buffering and pedestrian scale environments. They are generally 18' height and smaller. Small Trees: Deciduous Common Name Scientific Name Viburnum spp (all climatic Zone 4 Viburnum varieties) Dogwood Cornus spp (all climatic Zone 4 varieties) Staghorn Sumac Rhus typhina Crabapple Malus spp (all climatic Zone 4 varieties, note that some may be small trees) Arborvitae Thuja spp (all climatic Zone 4 varieties) Evergreen Trees: Evergreen trees add contrast in texture and form, and winter interest, as well as providing wildlife value. Evergreen trees are defined as having a central leader and reaching a mature height of 16'. Evergreen trees are classified as large trees, except when smaller than 16' at maturity in which case they are classified as shrubs. Evergreen Fir Abies spp (all climatic Zone 4 varieties) Spruce Picea spp (all climatic Zone 4 varieties) Pine Pinus spp(all climatic Zone 4 varieties) Canadian Hemlock Tsuga canadensis Douglas Fir Pseudotsuga menzeseii Cedar Cedrus spp (all climatic Zone 4 varieties) Large Shrubs: Large shrubs typically grow over 6' tall and are often used for screening, buffering and as foundation plantings to reduce the scale of large buildings. The City may restrict the use of shrubs in places where the anticipated growth may interfere with access, visibility and safety. Large Shrubs: Deciduous Common Name Scientific Name Viburnum spp (all climatic Zone 4 Viburnum varieties) Dogwood Cornus spp (all climatic Zone 4 varieties) Syringa spp (all climatic Zone 4 Lilac varieties) Alpine Current Ribes alpinum Dwarf Ninebark Physiocarpus opulifolius American Filbert Corylus americana Medium Shrubs: Medium shrubs are 3' -6' height. Medium Shrubs: Deciduous Common Name Scientific Name Snowberry Symphorocarpus alba Black Chokeberry Aronia Melanocarpa Dwarfbush Honeysuckle Diervilla lonicera Fragrant Sumac Rhus aromatica Small Shrubs: Small shrubs are smaller than 3' Small shrubs, perennials, ornamental grasses and groundcovers are interchangeable in fulfilling the small shrub requirement. Small Shrubs: Common Name Scientific Name Grow Low Sumac Rhus aromatica 'Grow Low' Summersweet Clethra alnifolia Bush Cinquefoil Potentillafruticosa Evergreen Shrubs: Common Name Scientific Name Juniperus spp (all climatic Zone 4 Juniper varieties) Mugo Pine Pinus mugo Yew Taxus spp (all climatic Zone 4 varieties) Arborvitae Thuja spp (all climatic Zone 4 varieties) Holly Ilex spp (all climatic Zone 4 varieties) • • • • • Ornamental Grasses: Ornamental grasses are valued for winter interest and adding unique structure and form to the landscape. The following ornamental grasses may be counted as small shrubs. Ornamental Grasses: Common Name Scientific Name Little Bluestem Shizachyrium scoparium Big Bluestem Andropogons gerardii Feather Reed Grass Calamagrostis acutiflora Prairie Dropseed Sporobolus heterolepis Switchgrass Panicum spp Sedges Carex spp Flowering Perennials: Flowering perennials add color and texture and human scale to a planting plan. Hardy perennials can be good plants for sites where plans are likely to be damaged, such as parking overhang areas. Perennials and ornamental grasses are recommended for areas where snow may be stored. Flowering Perennials: Common Name Scientific Name Purple Coneflower Echinecea purpurea Black Eyed Susan Rudbeckia fulgida Spiked Gayfeather Liatris spicata Daylillies Hemerocallis spp. Columbine Aquilegia spp. Asters Aster spp. Joe Pye Weed Eupatorium spp. Blanket Flower Gaillardia spp. Hostas Hosta spp. Asters Aster spp. Joe Pye Weed Eupatorium spp. Blanket Flower Gaillardia spp. Hostas Hosta spp. Bee Balm Monarda spp. Catmint Nepeta x fassenii Goldenrod Solidago spp. • • • draft date 5/7 /2010 Chapter 1001, Lino Lakes City Code: SUBDIVISION AND PLATTING CONCEPT PLAN § 1001.025 -020 GENERAL. (1) , ' _ _ _ - Prior to submittal of a preliminary plat, applicants shall prepare and submit a concept plan_ depicting the subdivision proposal for - . iling a formal application. The concept plan shall be the product of a collaborative designprocess. On the basis of the concept plan, the city shall informally advise the subdivider as promptly as possible of the extent to which the proposed subdivision generally conforms to the Comprehensive Plan, to the design standards of this chapter, and to other applicable requirements, and shall discuss possible modifications. (Ord. 04 -03, passed 2 -24 -2003) (2) Purpose. The purpose of the Concept Plan is to provide an opportunity for the applicant to submit a plan to the City showing the basic intent and the general nature of the entire development before incurring the substantial cost of preparing apreli.minary plat application. This Concept Plan provides an opportunity for the proposal to be publicly considered at an early stage. 1001.021 -§ 1001.024 reserved § 1001.025 COLLABORATIVE DESIGN PROCESS (1) Purpose. The purposes of the collaborative design process are: a. to incorporate into the design of the project the goals and public values in the Comprehensive Plan and other elements deemed to serve public purposes; b. to gather information and obtain guidance as to the general suitability of the proposal for the area in which it is proposed and its conformity to city policies: c. to determine as early as possible if a Planned Unit Development is the most appropriate and effective means of achieving the goals of the Comprehensive Plan and complying with the City's site performance; SUBDIVISION AND PLATTING Page 1 d. to recognize the economic needs of the project and incorporate them into the project design; e. to provide the opportunity to accomplish these things before incurring the substantial public or private expense of preparing detailed plans and information required for formal application and review of a preliminary plat. (2) City staff and the applicant shall meet to collaborate on the design of the project to incorporate the goals and public values in the Comprehensive Plan. Specialists with expertise on the issues and elements of the site shall be included in the process when deemed appropriate by the City or the applicant. For projects that include land within Environmentally Sensitive Areas, the discussions and meetings shall include representatives of the Rice Creek Watershed District. The collaborative design process includes three steps: initial collaboration meeting, neighborhood meeting. and the collaborative design meeting. (3) Initial Collaboration Meeting. a. Prior to preparing and submitting the concept plan under the requirements of this chapter. an applicant for a project requiring a plat or Planned Unit Development (PUD) shall meet with city staff to discuss the proposed development, the requirements for pursuing a development application, the collaborative design process, and other issues relevant to the project. note: The City strongly recommends that the applicant refrain from preparing any site layout plans prior the initial collaboration meeting in order to avoid the expense of changing the plans. b. Information for collaborative design process. The City staff shall assemble and provide at this meeting environmental information it has that is relevant to the project. c. At the initial collaboration meeting. City staff. selected specialists. and the applicant shall discuss elements to be considered and included in the project design when applicable, including but not limited to: a. City goals and public values described in Comprehensive Plan relevant to the site b. the City's Resource Management System Plan c. Resource Management Plan and Rule RMP -3 of the Rice Creek Watershed District d. the collaborative design process e. existinu conditions and environmental features f. preservation and/or enhancement of Environmentally Sensitive Areas (ESA) g. site layout performance standards and other official controls h. economic needs of the developer i. potential for flexibility with a PUD i. general location of streets and utilities k. general location and extent of public and common open space 1. general location of land use types (residential and non - residential) and intensities m. architectural themes SUBDIVISION AND PLATTING Page 2 • • • • n. management structure options and issues o. other special criteria relevant to development of the site (6) Neighborhood meeting. After the initial collaboration meeting. the City and applicant shall hold a neighborhood meeting for discussion and feedback prior to submitting a concept plan application. The purpose of the neighborhood meeting is to discuss the relative issues listed in paragraph (3) above and gather information and input from the community. (7) Collaborative design meeting. After the neighborhood meeting, a collaborative design meeting shall occur. The applicant, City staff and consultants, and appropriate specialists with expertise on the issues and elements of the site shall meet to collaborate on designing the concept plan. The applicant shall incorporate information and recommendations of the meeting and prepare the concept plan submittal information required in § 1001.026. (a) For projects that include land within Environmentally Sensitive Areas. this design group shall include a representative of the Rice Creek Watershed District. (8) The City may waive the need for the collaborative design meeting if, at the discretion of the City, the site design issues are resolved to a sufficient degree that the concept plan can be prepared based on information gathered by the initial collaboration meeting and the neighborhood meeting. SUBDIVISION AND PLATTING Page 3 • draft date 5/7/2010 (Zoning Ordinance Section 2, Subd. 10 PUD, Planned Unit Development.) F. Procedure for Processing a Planned Unit Development. 1. Stages of PUD. All PUD applications. including rezoning and CUPs. shall be subject to the information submittal requirements and the review process described in Chapter 1001, even if the PUD does not include a subdivision. As described in this chapter and in Chapter 1001. additional information may be required for a PUD compared to other development applications. The information and review processing steps for a PUD are intended to provide for an orderly development and progression of the PUD project Plan, with the greatest expenditure of developmental funds being made only after the City has had ample opportunity for informed decisions as to the acceptability of the various segments of the whole as the plan affects the public interest. The various steps and applications, --e e • _are: a. Application Conference and Neighborhood Meeting. Preliminary discuajons. la. General PUD Concept Plan Application. Collaborative design of and consideration of the overall concept and plan, including the information and process required in this chapter and the information and process required for a concept plan in § 1001. This includes the information. meetings. and process for collaborative design described in § 1001.Thc concept plan review GO. PUD Preliminary Plan Application. Consideration of plans and documents establishing the uses. densities. architectural themes. conditions, management structure and duties, staging, layout of streets, utilities. open space. and building sites, and other elements of the project. including information and process required in this chapter and the information and process required for a preliminary plat in § 1001. •10. ANAlt • Ali • f• mir dc. PUD Final Plan Application. The summary of the entire concept and each a 06 &AM fal-a44Consideration of the Final Plan. which is to serve as a complete, final, detailed, and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved Plans and all approved modifications thereof resulting from the PUD process. including the information and process required in this chapter and the information and process required for a final plat in § 1001. Application Conference. Prior to filing of-an application for PUD, et e "t :e: Zoning Ordinance Sec. 2, Subd. 10—PUD—Page 13 of 24 4411 • a - 4* 11.11 applicant shall bc prepared to generally describe the proposal for a PUD. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area for which it is proposed and its conformity to thc provisions of this Ordinance before incurring 23. The person applying for a planned unit development shall fill out and submit to the Zoning Administrator an application form together with a fee as established by the City. Council resolution. The request for planned unit development shall be placed on the agendas of the Park Board, Environmental Board, and Planning and Zoning Board according to the City's d dine and meeting schedule. 34.RA planned unit development/rezoning application shall be posted and advertised as required by city code for a zoning amendment. in accordance with Section 2, Subd. 1 of this Ordinance. 5. Planned unit development/conditional use permit applications shall bc posted and advertised in accordance with Sec. 2 Subd. 2.B. of this Ordinance. 46.PA public hearing& shall be held at for the PUD Development Stage Plan 57. General Concept Plan Application. a. Purpose. The purpose of the General Concept Plan is to provide an opportunity for the applicant to submit a plan to the City showing the basic intent and the general nature of the entire development before incurring the substantial cost of preparing a preliminary plat application. This Concept Plan provides an opportunity for the proposal to be publicly considered at an early stage. The • *." *Zee • application and plan to the City showing his basic intent and the general nature of the entire development before incurring substantial cost. This Concept Plan provides an opportunity for thc proposal to be publicly considered at an early stage. The following elements of thc proposed General Concept Plan represent AI • • AM • A IA AA , At A A staff note: these "immediately significant elements" have been incorporated into collaborative design discussion points at 1001.025 1) Overall Maximum PUD Density Range. Zoning Ordinance Sec. 2, Subd. 10—PUD—Page 14 of 24 • •