HomeMy WebLinkAbout2013-007 Council Ordinances1St Reading: 08 / 1 2/ 1 3
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CITY OF LINO LAKES
ORDINANCE NO. 07-13
AN ORDINANCE AMENDING SECTION 3, SUBDIVISION 4.Q OF THE LINO
LAKES ZONING ORDINACE ENTITLED REQUIRED SCREENING,
LANDSCAPING, AND BUFFER YARDS
The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain:
Section 1. That Section 3, Subdivision 4.Q of the Lino Lakes Zoning Ordinance is
hereby amended to read as follows:
Q.
Required Screening, Landscaping, and Buffer Yards.
1. Purpose. To establish landscaping and tree preservation standards to
promote high quality site development, compatibility of uses, biodiversity,
tree preservation, and to enhance the health, safety and general welfare of
the residents of the community.
a. Definitions. For the purpose of the Landscaping, Screening and
Tree Preservation Standards, the following definitions shall apply:
Basic Use Area. Area dedicated to site's use, including buildings,
parking, loading, driveways, streets, outbuildings, trash enclosures,
utilities, landscaping, and grading necessary for the construction 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.
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.
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Disturbance. Any construction, development, removals, earth
movement, clearing or other similar activity.
Drip Line. Imaginary line on the ground that is extended straight
downward from the outermost edge of the canopy.
Foundation Landscape Zone. An area located 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'.
Large Tree. Over story 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'.
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 drip line 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 standards.
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.
Vehicular Hardscape. Areas covered with hard surface intended
for vehicles, including but not limited to off-street loading spaces,
parking lots, driveway, drop-offs, and drive through facilities.
2. Landscaping Standards. New residential platted subdivisions, mixed
use, commercial, institutional and industrial uses shall be subject to the
landscaping standards unless specifically excepted. The landscape
standards have been divided into five categories: Canopy Cover,
Foundation Landscape, Open Areas Landscape, Buffer and Screen, and
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Boulevard Trees. Projects shall comply with the applicable requirements
of all five categories.
3. Canopy Cover Standards. 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
with a hard surface intended for vehicles. Canopy cover requirements do
not apply to single family residential development, nog -t{} multi -family
residential development without surface parking other than individual unit
driveways and permitted exterior storage areas in Industrial Districts.
a. The required minimum canopy coverage for all uses is 40%.
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:
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Assigned Canonv Cover Value
Planting Location
(for new trees)
Interior
parking lot
islands
Within
less than
7' of
vehicular
hardscape
edge
7'-12'
from
vehicular
hardscap
e edge
Assigned Canopy
Coverage Value
100% of the
canopy
square
footage
50% of
the
canopy
square
footage
25% of
the
canopy
square
footage
Square feet (SF) of
canopy coverage
assigned to each
dpeidnnnc trpp
Large Tree
950 SF (or
1200 SF in
islands of 3
or more
trees)
600 SF
300 SF
Medium
Tree
500 SF
250 SF
125 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
d.
Large trees in an stand contemn°
3 more bees are given addbarai
Canopy Value. See Canopy Coverage
Table.
Trees surrounded by hardscape on 3
sides are valued at 100% Canopy.
Trees with access to planting soil
outside of the island are required to
meet soil volume requirements for a
shared bed.
Trees in interior islands are valued at
100% Canopy
Existing trees may be used to fulfill canopy coverage, as described
in Section 3.Subd. 4.Q.8, when the drip line 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.
4. Foundation Landscape Standards. The purpose of these standards is to
soften and enhance building architecture, define access points, add color
and seasonal interest, and to blend buildings in with the natural
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environment. Foundation Landscaping Standards do not apply to single
family residential development.
a. The foundation landscape planting standards are described in the
following table:
Foundation Landscape Standards
* Rounded to the nearest tenth, with a minimum factor of one.
b. Round all calculations to the nearest whole number of plants.
c. The required plant materials 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 standards difficult to
meet.
d. Existing trees may be used to fulfill the Foundation Landscape
Standards as described in Section 3 Subd.4.Q.8.
e. Smaller landscape materials may be substituted at the following
rates:
1 Large Tree = 1.5 Medium or 2 Small Trees
3-1 Large Shrubs = 5-1.5 Medium or k0- 3 Small Shrubs
f. The design of landscaping for ground areas under the building roof
overhang must take into account the potential effects of runoff
from the roof edge.
Trees planted within 30' of the building shall be considered within
the foundation landscape zone
5. Open Areas Landscape Standards: The purpose of these standards 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 cul de sac islands, boulevard medians, storm water management areas,
common areas in multifamily sites that are not for recreation facilities, and
disturbed areas that are not located within the foundation landscape zone,
vehicular hardscape area or the building footprint. Open Area landscaping
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Per 100 linear feet (LF) of Building*
Location
Trees and Shrubs
Rear -and -Side
age
3 largo
Front and
Public/Private Street
2 large
6 large
* Rounded to the nearest tenth, with a minimum factor of one.
b. Round all calculations to the nearest whole number of plants.
c. The required plant materials 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 standards difficult to
meet.
d. Existing trees may be used to fulfill the Foundation Landscape
Standards as described in Section 3 Subd.4.Q.8.
e. Smaller landscape materials may be substituted at the following
rates:
1 Large Tree = 1.5 Medium or 2 Small Trees
3-1 Large Shrubs = 5-1.5 Medium or k0- 3 Small Shrubs
f. The design of landscaping for ground areas under the building roof
overhang must take into account the potential effects of runoff
from the roof edge.
Trees planted within 30' of the building shall be considered within
the foundation landscape zone
5. Open Areas Landscape Standards: The purpose of these standards 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 cul de sac islands, boulevard medians, storm water management areas,
common areas in multifamily sites that are not for recreation facilities, and
disturbed areas that are not located within the foundation landscape zone,
vehicular hardscape area or the building footprint. Open Area landscaping
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standards do not apply to single family residential lots. Open areas
landscaping shall meet the following standards.
a. The open areas planting standards are described in the following
table:
Open Areas Landscape Standards
Per 2000 SF*
Trees and Shrubs
1 large
3 large
* Rounded to the nearest tenth, with a minimum factor of one.
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.
d. Existing trees may be used to fulfill Open Areas Landscape
Standards as described in Section 3, Subdivision 4.Q.9.
e. Smaller landscape materials may be substituted at the following
rates:
1 Large Tree = 1.5 Medium or 2 Small Trees
3--1 Large Shrubs = 5-1.55 Medium or 1-0-3 Small Shrubs
f. Areas that are included in a project -specific natural resource
management plan that addresses vegetation are not subject to the
open areas landscaping standards.
g.
in Section 3, Subdivision 4.Q.14.
6. Buffer and Screen Standards: The purpose of this requirement is to
separate and buffer different land use types, screen roads and parking, and
screen utility and loading areas. The location of buffers and screens are
listed below, while the width of the buffer yard can be found in the
respective zoning districts. Buffers and screens shall meet the following
standards.
Page 6
a. Required screen location, height, and materials are described in the
following table:
Landscape Screen Location, Height and Materials
Location
Required
Screen
Height
Required Screen Materials
Between a parking lot
and
public right of way or
sidewalk
30 inches
• Year round continuous planting
screen in accordance with
paragraph 6.b.
Or
• A combination of berm and year
round continuous screen in
accordance with paragraph 6.b.
Between residential uses
and
arterial or collector road
6 feet
• Year round continuous planting
screen in accordance with6.b.
Or
• Wall or fence and plantings shall
provide shrub cover for 50% of the
wall or fence on the exterior side
Or
• A combination of berm and year
round continuous screen in
accordance with paragraph 6.b.
Between any development
and
adjacent, less intense,
residential land uses
(this includes across a
street from residential)
but not on the side of a use
considered to be the front
(as determined by the
Zoning Administrator
Between loading/service
area
and
public view
Outdoor Storage Yards
8 feet
• A wall or fence of permanent
materials and planting shall
provide shrub cover for 50% of
the wall or fence on the exterior
side. At its discretion, the City
Council may approve a
modification or waiver from these
standards where the affected
property line adjoins another
industrial property.
b. All continuous year round planting screens shall
require at a minimum a double row of plants with
triangulated spacing. See illustration. Planting plans
shall include species which are sized to appropriately screen
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visibility within five years of planting. Small shrubs shall be a
planted at a maximum 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.
c. A wall or fence intended to provide a continuous year round screen
shall block visibility completely.
d. In addition to the shrub cover required in the table above, all
screens shall be planted with large trees every 50 LF, medium trees
every 35 LF, or small trees every 25 LF or some combination
thereof, along the length of the screen.
e. 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 standards.
f. Berms shall be irrigated, have maximum side slopes of 3:1, and
have no less than four (4) inches of topsoil.
g.
Permanent walls and fences 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/fence materials shall include wood,
metal, masonry, concrete stone, or other prefabricated and/or
sustainable materials. Non -decorative concrete block is
prohibited for screening walls: rock face block or other decorative
material is required for masonry walls. Chain link fences with slats
are prohibited for screening walls.
i. Maintenance of the required buffer strip planting and/or fence shall
be the responsibility of the individual property owners or, if
applicable, the homeowners association.
7. Boulevard Tree Standards:
a. Boulevard Trees shall be required in all new residential
subdivisions.
development site.
Page 8
�.r
b. Boulevard trees are required at the rate of one tree per lot frontage
for single family and two family lots. Townhome and Multi-
family properties shall provide boulevard trees at a rate of 1 tree
per 70 linear feet of road frontage where property fronts any public
road.
c. Boulevard trees shall be planted within 14 feet of the curb line or
as otherwise determined by the City Forester.
bd. Existing trees may be used to fulfill boulevard tree standards at the
City's discretion.
e. The City may, at its discretion, purchase and install the required
boulevard trees. In such case the City shall collect a standard fee
per tree. Said fee shall be established by the City Council and
based on the estimated market rate cost to purchase and install
trees within the development site.
8. Sod and Ground Cover. All areas not otherwise improved in accordance
with the approved site plans shall have a minimum depth of four (4) inches of
topsoil and be sodded including boulevard areas. Exceptions to these criteria may
be approved by the Zoning Administrator as follows:
a. Seed may be provided in lieu of sod in any of the following cases:
1) Where the seed is applied to future expansion areas as shown
on the approved plans.
2) Where the seed is applied adjacent to natural areas or wetlands.
Seed mixture shall be approved by the City.
3) For single-family and two-family residential properties, proper
erosion control measures shall be implemented and maintained
until vegetation is established. Sod may be required in areas
subject to erosion as determined by the Building Official or
City Engineer.
b. Undisturbed areas containing existing viable natural vegetation which
can be maintained free of foreign and noxious plant materials.
c. Areas designated as open space or future expansion areas properly
planted and maintained with native grasses or wild flowers indigenous
to Minnesota. Seed mixture shall be approved by the City.
d. Use of mulch materials such as bark, wood chips and decorative rock
in support of shrubs and foundation plantings.
Page 9
e. Natural Prairie Restoration Areas. Native grasses and wild flowers
indigenous to Minnesota, planted and maintained on any occupied lot
or parcel of land, setback a minimum of 20 feet from the front property
line and/or side property line abutting a public street, as part of a
garden or landscape treatment.
g9. General Landscaping Standards:
a_a—All lot areas not used for off-street parking, off-street loading,
sidewalks, driveways, building sites or other requirements shall be
landscaped with grass, shrubs, trees or other acceptable vegetation or
treatment as required by this chapter prior to issuance of a certificate
of occupancy. Exceptions to this requirement are listed in Section 3,
Subdivision 4.Q.15.
b. Commercial, industrial, public/semi-public, institutional, and multi-
family residential uses shall be required to submit a site landscape
plan, in accordance with Section 2, Subdivision 6, Site and Building
Plan Review, for approval by the city prior to issuance of a building
permit.
c. Desirable existing trees may be used to fulfill Canopy Cover,
Foundation Landscape and Open Areas Landscape standards if
applicable by placement. Desirable existing trees are valued according
to the following table:
Existing Tree Value
Tree Size
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
hd. Plantings may be grouped if part of an approved landscape plan.
ee. Standards may be met with different sizes of trees and shrubs.
df. New trees may fulfill Canopy Coverage, Foundation Landscape
and Landscape Screen standards simultaneously if applicable by
placement.
Page 10
eg. An existing tree is considered to be removed if the tree trunk is
damaged or if more than 30% of the drip line area is disturbed
during the construction process.
lh. The City may allow flexibility in landscape standards if there are
conflicts with solar power, wind power, water harvesting, food
production or other innovative measures proposed for the site.
g. The landscape plan shall be compared to all applicable CPTED
(Crime Prevention Through Environmental Design) standards and
reviewed by the police department.
1}j. Trees and shrubs shall not be planted in the right of way without
City authorization and shall not be planted in easements without
authorization from the holder of the easement.
ki. Turf slopes in excess of three to one (3:1) are prohibited.
1. Commercial, industrial multi -family, public/semi-public and
institutional uses shall install irrigation systems to ensure survivability of
landscape materials,
910. Tree Preservation and Mitigation Standards: The purpose of these
standards 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. Unless specifically excepted, tree preservation and mitigation
standards apply to all plats, site plans, conditional use permits, interim use
permits, grading, building, and other activity that requires a city permit or
approval.
a. Tree preservation and mitigation standards are described in the
following table:
Page 11
Tree Preservation and Mitigation Standards
Environmentally
Sensitive Area
(ESA) Category
Tree
Location:
within Basic
Use Area
Tree Location: 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
no mitigation
required
provide
one tree
per tree
removed
provide
two trees per
tree removed
Natural Resource
Conservation Area
or Natural Resource
Corridor
Enhancement Area
provide
one tree per
four trees
removed
provide
two trees
per tree
removed
provide
three trees
per tree
removed
Natural Resourceprovide
Protected Area
provide one
tree per two
trees removed
two trees
per tree
removed
provide
three trees
per tree
removed
b. Trees used for mitigation may also fulfill the Open Areas
Landscape Standards at the discretion of the City.
c. Trees with thirty percent (30%) of the roots damaged are
considered to be removed and must be mitigated for at the
applicable rates.
d. Undesirable trees are not subject to the Tree Preservation and
Mitigation Standards.
e. On existing lots with existing buildings where no building or
development activity that requires a permit or approval from the
City is occurring, the removal of trees is not subject to tree
preservation and mitigation standards.
f. Replacement trees shall be planted on site.
g.
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.
Page 12
44411. Landscaping Guidelines and Technical Specifications: The selection,
installation and maintenance of all planting materials shall be in
accordance with the City's Landscaping Guidelines and Technical
Specifications Manual.
fl -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.
b. The tree survey shall be the basis for the tree preservation plan,
tree mitigation standards, and the use of existing trees to fulfill
landscape standards.
c. The tree survey shall provide the following information:
1) In the basic use area and other areas where tree removal is
proposed, for all deciduous trees over 6" dbh and all
evergreen trees greater than 12' tall:
a) tree species
b) size
c) location
d) drip line
e) tree condition
2) the location of the combined drip lines of all tree stands
designated for preservation on the development property
3) on adjacent properties, the drip line of deciduous trees over
6" dbh and evergreen trees greater than 12' tall where the
drip line is within 5' of the development property.
d. For a new plat or new Planned Unit Development, the tree survey
shall be one plan sheet and the tree preservation plan shall be a
separate plan sheet.
e. For a building permit for a new structure on an existing lot, the tree
survey and preservation information may be included on the lot
survey typically required for a building permit instead of on a
separate document. For a building permit for an addition to an
existing structure, the tree survey information may be provided in
an informal medium that sufficiently conveys the information.
f. 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 and are not likely
to be impacted by construction.
Page 13
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.
1413. Tree Preservation Plan:
a. A tree preservation plan shall be required for all soil disturbance
activities where Tree Preservation and Mitigation Standards apply.
A tree preservation plan shows how the Tree Preservation and
Mitigation Standards will be met and how preserved trees will be
protected during construction and other potentially harmful
activities.
b. The tree preservation 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 preservation plan
requirement.
d. A tree plan shall identify:
1) The basic use area.
2) The disturbance area.
3) Tree size (dbh), species, condition, location, and root
protection zone (5' out from the drip line) 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 preservation, whichever is applicable.
4) Location and type of tree protection fence.
5) Staging areas.
6) Temporary construction access routes when temporary site
access is necessary within root protection zone of any tree
or tree stand designated for preservation.
a) Temporary access shall be routed in a manner that
is least disruptive to the tree or tree stand per the
approval of the City Forester..
b) Temporary access roads shall not exceed twenty-
five (25) feet in width and shall be delineated by
snow fencing or safety fencing.
Page 14
c) An eight (8) inch deep cover of wood chip mulch
shall be placed over the temporary access road to
cushion the root protection zones from compaction.
7) Concrete washout areas.
8) Existing and proposed grading.
9) The plan shall show directional felling and trenching to
separate root systems prior to bulldozing trees or stumps if
necessary to avoid damage to adjacent trees.
10) Coordination of utility planning so that utilities are installed
in a manner that protects trees intended to be saved.
a) Trees to be preserved shall be tagged in the field
and keyed to the tree preservation plan. The City
may inspect the trees to verify compliance with the
preservation plan at any time during construction.
b) If a natural resource management plan has been
approved for the site, the tree preservation plan
shall be in accordance with said plan.
c) See City Code Chapter 1011, Stormwater and
Erosion and Sediment Control, for other
construction related requirements.
e. The following shall occur prior to soil disturbance:
1) The tree preservation plan shall be approved by the City.
2) Fencing and all tree protection measures shall be installed
and inspected by the City.
3) Erosion control measures shall be installed and inspected
by the City.
4) All required financial securities have been submitted.
5) Any required development agreement has been approved.
4-3-14. Tree Preservation during Construction: Trees that are to be preserved
must be protected by the following methods unless otherwise approved by
the City.
a. 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
Page 15
cuts at the fence line prior to fence installation to avoid later
tearing of the roots. Signage shall be installed to instruct workers
to stay out of the Root Protection Zone.
b. Areas where development must encroach upon the root protection
zone must be identified on the tree preservation plan in which case
the fencing shall be installed at that edge.
c. 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.
d. Trees damaged by construction, or with more than thirty percent of
the roots disturbed, shall be counted as removed and mitigated at
applicable rates.
e. Tree protection measures shall remain in place until all grading and
construction activity is terminated.
4415. Final Inspection: Prior to the issuance of a certificate of occupancy, the
project developer, builder, or representative shall certify in writing to the
City that all elements of the tree preservation plan and landscaping plan
were completed. These must be confirmed by the City. However, the
City may issue a certificate of occupancy prior to completion of
landscaping in the following situations:
a. If winter weather will prevent healthy planting practices, a security
shall be posted to ensure the remaining planting is accomplished
and all planting must be installed by the fifteenth of June the
following spring.
b. A certificate of occupancy may be issued by the City on residential
lots prior to lawn seeding or sod, provided an escrow security is
submitted sufficient to ensure that the work will be completed and
the date of completion is specified.
1516. Non -Compliance: If the City finds that the property is not in compliance
with the approved landscaping plan or tree preservation 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.
X17. Performance Security: The City may require performance security to
ensure conformance with the requirements of this chapter.
Page 16
a. The performance security shall extend for two (2) years from the
date of planting. The form of the security (cash, letter of credit, or
other form) shall be determined by the City.
b. If after notification of non-compliance the property owner or, if
applicable, the homeowners association fails to achieve the
compliance within sixty (60) calendar days, the City may exercise
its authority to use the performance security to address compliance.
Section 2. Effective Date of Ordinance. This ordinance shall be in force and effect
from and after its passage and publication according to the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this 26 day of August , 2013.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member ODonnell and was duly seconded by Council MemberRaf ferty and
upon vote being taken thereon, the following voted in favor thereof:
O'Donnell, Rafferty, Roeser, Stoesz, R
The following voted against same:
none
ATTEST:
e Bartell, Cit Cler
Page 17
Jeff Rei rt, ayor
CITY COUNCIL
AGENDA ITEM 6D
STAFF ORIGINATOR: Michael Grochala
MEETING DATE: August 26, 2013
TOPIC: i. Consider 2nd Reading of Ordinance No. 07-13, Amending
Section 3, Subd. 4.Q. of the Lino Lakes Zoning
Ordinance, Entitled Required Screening, Landscaping,
and Buffer Yards
ii. Consider Resolution No. 13-92, Approving Summary of
Ordinance No. 07-13 for Publication
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration of the 2nd Reading of the proposed ordinance to
amend the landscaping provisions of the City's Zoning Ordinance.
BACKGROUND
The City Council approved Ordinance No. 08-12, amending the zoning ordinance landscaping
requirements, in July of 2012. The requirements addressed five areas of landscaping including;
1) Boulevard Trees; 2) Canopy Coverage; 3) Foundation Landscape; 4) Open Areas Landscape;
and 5) Buffer and Screening. The requirements were applied for the first time with the Bill's
Superette project and appear to have achieved the desired level of landscaping.
However, as staff began working with the ordinance on other sites we identified the need to
review and potentially amend the ordinance requirements. Changes that staff believe should be
considered include the following:
1) Exception from Canopy Coverage requirements for industrial storage
2) Limit foundation planting requirements to front and street facing facades.
3) Add requirements for residential properties.
The Planning and Zoning Board discussed these changes in February of 2013 and on June 12,
2013. A public hearing was held before the Board on July 10, 2013. No public comment was
received.
The City Council approved the 1St reading of the ordinance on August 12, 2013.
RECOMMENDATION
Staff is recommending approval of the 2°d Reading of Ordinance No. 07-13 and Resolution No.
13-92
ATTACHMENTS
1. Ordinance No. 07-13
2. Resolution No. 13-92