HomeMy WebLinkAboutFULL Packet 10-26-2020 THE CITY OF
LAKE ELMO 3800 Laverne Avenue North (651) 747-3900
Lake Elmo, MN 55042 www.lakeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday October 26,2020
at 7:00 p.m.
AGENDA
Note: Social Distancing protocols will be in place in the City Council Chambers
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. September 14,2020
4. Public Hearing
a. None
5. New Business
a. Tree Preservation and Landscape Ordinance Amendments
6. Communications/Updates
a. City Council Update:
09-15-20 Meeting
10-06-20 Meeting
10-20-20 Meeting
b. Staff Updates
c. Upcoming PC Meetings:
1. November 9,2020
2. November 23,2020
7. Adjourn
***Note:Every effort will be made to accommodate person or persons that need special considerations to attend this meeting due to a
health condition or disability. Please contact the Lake Elmo City Clerk if you are in need of special accommodations.
Ti IF CITY OF
LAKE ELMO
City of Lake Elmo
Planning Commission Meeting
Minutes of Monday September 14, 2020
Commissioner Cadenhead called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Cadenhead, Weeks, Risner, Holtz and Steil
COMMISSIONERS ABSENT: Mueller, Graen
STAFF PRESENT: Planning Director Roberts
Approve Agenda:
M/S/P: Risner/Steil moved to approve the agenda, Vote: 5-0, motion carried unanimously.
Approval of Minutes:
M/S/P: Cadenhead/Risner moved to approve the Planning Commission minutes of August 24,
2020. Vote: 5-0, motion carried unanimously.
Public Hearings
a. Concept PUD Review- Goldridge Group (Hudson Boulevard and Julia Avenue)
Director Roberts introduced the proposed mixed use PUD as proposed the Goldridge Group. He
noted they are requesting approval of a concept planned unit development(PUD) for the property
located on the north side of Hudson Boulevard,west of Julia Avenue (9400 Hudson Boulevard).
Roberts noted that Concept PUD review requires a public hearing.
Roberts explained that the proposed concept PUD would have 3 apartment buildings with a total of
178 units-on about 11.4 acres with a density of about 15.55 dwelling units per acre (D.U.A). The
Concept PUD Plan also shows a 2.24 acre parcel in the southeast corner of the site for
preschool/childcare center known as the Goddard School.
Director Roberts stated that the City Council approved a Code Amendment on August 18, 2020 that
changed the PUD review process to drop the requirement for Concept Review of PUDs by the
Planning Commission and City Council. He noted that this application was complete on August 14,
2020,so the City will review and process this request following the Code standards that were in
effect at that time (including having a concept review of the PUD).
Roberts reported that the proposed mixed-use development will be located on the property located
on the northwest corner of the intersection of Hudson Boulevard and Julia Avenue. The proposed
development would have a mix of land uses including 3 apartment buildings (with a total of 177
Lake Elmo Planning Commission Minutes; 9-14-20
market rate rental units) on 11.4 acres (with overall average density of about 15.55 units per acre)
and preschool/child care center located on about 2.24 acres in the southeast corner of the site. He
also explained that the developer is proposing a PUD for this development because they are
requesting flexibility from the strict zoning regulations of the MU-C zoning district by having a mix
of land uses, by having 3 residential buildings on one lot, by having reduced setbacks for parking
areas and to increase the allowed residential density through the use of amenity points.
Director Roberts noted that the land use map in the Comprehensive Plan shows this site designated
as MU-C (mixed use commercial). He explained that the 2040 Comprehensive Plan notes"this
designation is a new land use and identifies where a mix of commercial and residential uses may be
integrated to benefit from proximity and adjacencies to each other. Commercial uses in this
category include service and retail uses such as,but not limited to,restaurants,shops,convenience
stores,salons,studios and dry cleaners. Land with this designation is assumed to develop with a
minimum of 50 percent residential use with a density ranging from 10-15 dwelling units per acre."
Roberts explained to the Commission how the proposed site plan includes 3 apartment buildings
with 59 units each and underground (structure) parking for 58 vehicles, 137 surface parking
spaces,an approximately 1,300 square foot amenity building(including bathrooms,changing
rooms,lounging area,a kitchen area and office space for onsite management) and an outdoor pool
with patio area. He also noted that the concept plans show an outdoor grilling area,a children's
playground,recreation areas for basketball,soccer,pickle ball and tennis and garden plots for the
residents.
Director Roberts stated that the developer is proposing all private driveways/roads with widths of
24 feet or 32 feet within the development site and that proposed concept plan shows a primary access
driveway into the site from Julia Avenue on the east and another access on to Hudson Boulevard.
Roberts noted that the driveway entrance on Julia Avenue should be in alignment with the driveway
into the Springs development to the east and that these access points are consistent with City
standards.
Roberts explained that the proposed residential element of this development shows 177 units on an
11.4 acre site for a proposed density of 15.55 residential units per acre. The MU-C land use
designation allows up to 15 residential units per acre. Roberts noted that for an 11.4 acre site,the
maximum allowed density,without amenity points,would be 170 residential units. As such,the
developer will be requesting City approval of amenity points to allow for an increase of 7 additional
residential units.
Roberts also noted that for the residential portion of this PUD,with a maximum of 15 dwelling units
per acre,a 20 percent increase in density would bring the maximum density to 18 dwelling units
per acre. At 11.4 acres,the residential site could have up to 205 dwelling units (or 28 additional
units) if the City approved the maximum amount amenity points to increase the project density.
Director Roberts explained that City's PUD ordinance provides that developers may provide amenities
with their projects for increased density. In this case,because the applicant is proposing a housing density
of 15.55 units per acre,the developer will need to provide amenities with the project to justify the
increased housing density above the allowed density range 10-15 units per acre of the W-C land use
designation. Roberts also stated that in addition, a PUD should offer the City(and future residents)
amenities in exchange for the flexibility of allowing more than one building on a parcel and reduced
parking lot setbacks to the north property line.
Lake Elmo Planning Commission Minutes; 9-14-20
Director Roberts reviewed with the Commission the proposed amenities the developer would be including
in this PUD and the points for each:
• Underground or structure parking. The narrative of the application indicates that there will be
174 indoor or underground parking stalls for the 177 apartment units. It has not been indicated
that this will reduce the surface parking area outside the footprint of the principal structure by
25%,however, as required by the PUD Code. (10 points requested)
• Contained Parking. By proposing 174 garage spaces for its residents,the proposed development
limits the amount of visible surface parking.
• The applicant notes the development will offer the following amenities:
1. An approximately 1,300 square-foot amenity building(that will have bathrooms, changing
rooms,kitchen area, lounging area and office space for onsite management).
2. An outdoor pool with a patio area
3. An 1,868 square-foot grilling plaza (5 points requested)
4. Children's playground(10 points requested)
5. play areas for basketball,pickle ball and soccer(10 points requested)
6. Sidewalks connecting the elements throughout the site(5 points requested)
Roberts summarized that the proposed Concept Pud Plan should include more than enough amenities to
support the proposed increase in housing units in the PUD.
Director Roberts concluded his presentation by noting that staff is recommending that the Planning
Commission recommend approval of the PUD Concept Plan as proposed by the Goldridge Group for the
property located on the north side of Hudson Boulevard,west of Julia Avenue subject to the 17 conditions
listed in the staff report. Director Roberts then answered questions from the Commission.
Mr. Brad Coats,representing the Goldridge Group, explained several of the elements of the proposal and
made a few comments to the Planning Commission about the proposed PUD. He also answered several
questions from the Commission about the development proposal.
Cadenhead opened the public hearing at 7:38. No one from the public was present to speak about the
proposed PUD and staff noted that they had not received any comments about the proposal.
Cadenhead closed the public hearing at 7:39.
M/S/P: Steil/Risner moved to recommend approval of the Concept PUD as proposed by the Goldridge
Group for the property on the northwest corner of Hudson Boulevard and Julia Avenue, subject to the
conditions listed in the staff report.
Commissioner Weeks commented about the proposed open space needs within the PUD,the proposed
amenities in the PUD and the value of those amenities to the City as a whole.
Vote: 5-0, motion carried unanimously.
Lake Elmo Planning Commission Minutes; 9-14-20
New Business
None
Staff and Commission Updates
Roberts reported that at the September 1,2020 City Council Meeting there were no planning or land
use items on the agenda.
He also reported that on the September 15,2020 City Council meeting the City Council would be
considering the Variance Approval Amendment Request for the property located at 8950 Lake Jane
Trail North.
Director Roberts reminded the Commission of the upcoming PC Meetings on September 28, 2020 and on
October 14,2020.
Meeting adjourned at 7:50 pm.
Respectfully submitted,
Ken Roberts— Lake Elmo Planning Director
Lake Elmo Planning Commission Minutes; 9-14-20
THE CITY OF
LAKE ELMO
STAFF REPORT
DATE: October 26, 2020
REGULAR
ITEM#:
TO: Planning Commission
FROM: Ken Roberts,Planning Director
AGENDA ITEM: Lake Elmo Tree Preservation and Landscape Code Amendments
REVIEWED BY: Ben Prchal, City Planner
Lucius Jonett, City Landscape Architect(Wenck and Associates)
BACKGROUND:
City staff has been directed to prepare amendments to the City's Tree Preservation ordinance(Section
154.257) and the City's Landscape ordinance(Section 154.258). The requested changes are to clarify many
of the City standards and requirements about tree preservation and landscaping for construction,new
development and redevelopment projects in Lake Elmo.
In addition,there are aspects of the City tree preservation and landscape ordinances that Lake Elmo could
amend to clarify processes and to meet current City standards and practices. As such, staff has included
several other changes to the tree preservation and landscape ordinances as part of this review.
REVIEW HISTORY:
On September 8, 2020, city staff presented information to the City Council about the City's tree preservation
ordinance and tree trimming policy. In response to this request,Lucius Jonett,the City's Landscape Architect
with Wenck and Associates,prepared the attached outline of information. After review and discussion of the
existing City ordinances and practices, the City Council direct staff to prepare possible revisions for Council
consideration to the City's tree preservation ordinance and the City's landscaping standards.
ISSUE BEFORE THE PLANNING COMMISSION:
The Commission is being asked to review the draft updated ordinance language for tree preservation and
landscaping and make a recommendation to staff about the proposed code changes. Staff will then prepare a
final draft version of the proposed ordinance changes and schedule a public hearing with the Planning
Commission for their formal review and action.
REVIEW AND ANALYSIS:
Zoning and environmental regulations(including tree preservation and landscaping ordinances)allow cities
to ensure that new development or redevelopment meets the standards of the city for a safe,functional and
enjoyable community. Importantly, environmental protection regulations can help the City preserve and
enhance important natural resources and environmental features by regulating what changes or impacts the
city will allow or not allow to the natural features on construction,new development and redevelopment
sites.
Many of the proposed ordinance changes are to ensure the tree preservation ordinance and the landscape
ordinance are consistent with each other. This is important as the planting of new or replacement trees as
may be required by the tree preservation ordinance become part of the landscape plan for a new development
or redevelopment site. Staff also is proposing language in each ordinance that outlines when the Lake Elmo
will not require tree preservation and landscaping plans.
1
Background Information and Proposed Changes
Tree Preservation Ordinance
The proposed changes to the tree preservation ordinance include adding definitions and adding language that
clarifies when the city will require a tree preservation plan and when the city will not require a tree
preservation plan. Staff is not proposing any changes to the type or size of trees that are used for determining
the amount of tree replacement or those that a developer may remove or the amount of allowable tree
removal on a new development or redevelopment site.
Staff is proposing some clarifying language to Section E 2,Reduced Mitigation for Exceptions. It is
important to note that this section of the Code allows the City to approve exceptions to the tree preservation
standards. The Code now includes several options the City may approve if the City wishes to grant the
request of the developer to have an exception to the City tree preservation standards. One of the relief or
mitigation methods allows the City to require a developer or property owner to pay a fee to the City if they
are unable or unwilling to meet all the tree preservation and/or replacement standards.
A recent example of the City using this provision of the City Code is the Royal Golf development. In 2018,
the City received a request from the developer of Royal Golf to reduce the number of trees they would need
to plant on their site. The following paragraphs are excerpts from the 2018 City staff report:
The Royal Golf Club at Lake Elmo Preliminary Landscape Plans included the need for 3800 trees
within the entire Royal Golf Club at Lake Elmo Preliminary Plat per Tree Preservation and Landscape
requirements. The original number of trees that were required to be planted within the development
was approximately 4600,but because the area is heavily wooded and because the language within the
tree preservation ordinance requires a minimum of five trees to be planted for every one acre of land
that is developed or disturbed,the City made some concessions, and an agreement was made to
require that 3800 trees be planted within the development. The Developer and City have been
working on coming to an agreement for trees required within the development, as both the Developer
and City believe that the required number of trees within the development would cause tree
overcrowding.
The Council discussed this request at the January 9, 2018 workshop and directed Staff to draft an
amendment to the Royal Golf Club at Lake Elmo (development agreement) which will reduce the
number of trees required to be planted within the development from 3800 to 2912(the 888 to be planted
within single family lots subtracted from the agreed-upon number of trees to be planted within the
development). There was consensus that simply not requiring warranty on these trees would leave the
City with no way to enforce the requirement that these trees be planted. This direction was ivy
Staff under the understanding the developer would be paves ingpark dedication fees totaling $484,500
($500 per 2.5 caliper inch tree X 969 trees to be reduced.
This is a large and extreme example of how the City may apply this provision of the City Code. There are
probably few, if any,other development sites in Lake Elmo where a developer or property owner would not
be able or willing to preserve the minimum number of trees on the site and/or be able to plant the minimum
number of replacement trees on the property. It is staff s expectation that developers want to preserve trees
on a site as their removal is an expense and by preserving as many trees as reasonably possible they are
adding value to the property and preserving the natural amenity that are the trees.
2
Landscape Ordinance Changes
Staff is proposing several changes to the landscape ordinance. These changes are to ensure the landscape
ordinance is consistent with the tree preservation ordinance and includes design standards and expectations
that reflect a variety of land uses,development and redevelopment projects and current practices for
landscaping in Lake Elmo. Many of the new requirements listed in Section B (Design Considerations)and
Section C(Landscape of Setback Areas)have been required by the City in the past as part of the landscape
plan review. By now adding them to the City Code,they will be listed in the code for everyone to see and use
when designing a landscape plan for a site.
The major proposed changes to the landscape code include:
Adding a Purpose and Intent section
Adding Definitions
Adding more details for the submittal requirements for landscape plans(including a design narrative)
Updating the section about design considerations including revising the minimum size at planting, adding
setbacks and standards for tree planting and several other design standards to be followed
Updating the section about the Landscaping of Setback Areas to include several design standards for when
and where materials are planted
Added clarifying language to the screening standards about when,where and how screening may be
accomplished
Added Section H(Redevelopment Compliance)to outline when the City will and will not require landscape
plans for what types of construction or redevelopment projects
Added language in Section I(Maintenance and Installation of Materials) about irrigation systems,
continuance maintenance of the landscaping and landscape material removal
FISCAL IMPACT:
Staff does not foresee a negative fiscal impact with the proposed changes to the tree preservation and landscape
ordinances.
OPTIONS:
Recommend approval of the proposed changes to the tree preservation and landscape ordinances.
Recommend approval of the proposed changes to the ordinances with changes to the proposed language.
Recommend denial of the proposed changes to the tree preservation and landscape ordinances.
RECOMMENDATION:
Staff is recommending approval of the proposed changes to the Lake Elmo Tree Preservation and Landscape
ordinances. It is the goal of City staff to have ordinances that provide clear and reasonable development and
design standards while protecting existing trees and ensuring the installation of quality landscaping in Lake
Elmo.
"Motion to recommend approval of the tree preservation and landscape ordinance amendments as proposed
by City staff."
ATTACHMENTS
Memo from Wenck and Associates dated September 2,2020
- Lake Elmo Tree Preservation Ordinance (Section 154.257)with proposed changes
- Lake Elmo Landscape Ordinance(Section 154.258)with proposed changes
3
^V
WENCK
Responsive partner.
Exceptional outcomes.
To: Ken Roberts, City of Lake Elmo Planning Director
From: Lucius 3onett, Wenck Landscape Architect
Date: September 2, 2020
Subject: City of Lake Elmo Landscape Inspection Workshop Memo
1. City Landscape Plan Review and Approval
a. Tree Preservation (City Ordinance)
i. Removal of up to 30% of existing, significant, tree caliper inches allowed
for existing trees onsite in each category: common, coniferous, and
hardwood.
• Hardwood deciduous trees are Birch, Cherry, Hickory, Ironwood,
Hard Maples, Oak and Walnut
• Common trees are Ash, Aspen, Basswood, Catalpa, Elm,
Hackberry, Locust, Poplar, Silver Maple, Willow, and any other tree
not defined as a hardwood deciduous tree or a
coniferous/evergreen tree.
ii. Significant trees are designated as:
• Over 6" DBH (diameter at breast height, approx. 4.5 feet from the
base of the trunk) for hardwood deciduous trees
• Over 19' in height or 8" DBH for coniferous/evergreen trees
• Over 12" DBH for common trees
iii. Removals over the 30% allowance in each category are to be replaced at
a rate of:
• One-fourth (1/4) the diameter inches of common tree species
removed.
• One-half (1/2) the diameter inches of coniferous/evergreen tree
species removed.
• One-half (1/2) the diameter inches of hardwood tree species
removed.
iv. Wenck review template includes an Excel sheet with all these calculations.
b. Landscape Plan Requirements to be reviewed and Approved (City Ordinance):
i. Landscape review only applies to what is required in City ordinance; does
not apply to private landscaping, foundation plantings, or irrigation
systems. Establishment of stormwater feature vegetation, monitoring
stormwater feature function, monitoring erosion control, etc. is not
currently defined as part of landscape inspection. Wenck has been
including these items in inspections if there are particular concerns raised
by staff. City to continue to provide direction on additional inspection
items and concerns on a case-by-case determination.
ii. Minimum tree requirements:
• A minimum one (1) tree is proposed for every fifty (50) feet of new
street frontage.
Wenck I Colorado I Georgia I Minnesota I North Dakota I Wyoming
Toll Free 800-472-2232 Web wenck.com
Ken Roberts
Planning Director WENCK
City of Lake Elmo
September 2, 2020 Responsive partner.
Exceptional outcomes.
• A minimum of five (5) trees are proposed to be planted for every
one (1) acre of land that is developed or disturbed by development
activity
a. For Residential development - replacement trees from tree
removals are in addition to landscape required tree counts
above.
b. For commercial or mixed-use development - replacement trees
from tree removals can be included toward landscape required
tree counts.
• At least 25% of the required number of trees shall be deciduous
shade trees
• At least 25% of the required number of trees shall be coniferous
trees
• Up to 15% of the required number of trees may be ornamental
tree
• Wenck review template includes an Excel sheet with a summary of
these calculations.
• Does not include future trees by builders, landowners, or others.
Must be included and shown on the approved preliminary plat.
iii. Landscape Plan Requirements
• Prepared and signed by a landscape architect licensed in the state
of Minnesota.
• All required setbacks not occupied by buildings, parking, paths, or
plazas are/need to be landscaped with turf grass, native grass,
trees, shrubs, vines, perennial flowering plants
• New plant material meets minimum size requirements
• City standard details and notes are required to be included on the
plans before the plans will be approved. Available on City website
for applicants and contractors to view.
• Utilities, pavements, property lines, easement lines and grading
plan are all shown so we can review for tree placement conflicts.
iv. Landscape Layout Requirements
• Boulevard Width........................... 16-feet (15-feet at cul-de-sacs)
• Sidewalk width............................................................... 6-feet
• Topsoil Minimum Depth.................................................... 6-inch
• Turf Treatment.......................................................... Lawn Sod
• Tree Location without Sidewalk or Trail............. 8-feet back of curb
• Tree Location with Sidewalk or Trail................. 5-feet back of curb
• Tree Spacing................................ Not Specified in City Ordinance
• Street Light Location...................................... 5-feet back of curb
• No tree conflicts (placed in, on, or too close) to driveways,
pavement edges, utilities, easements, and drainage swales
a. Code currently reads that trees should be 10 feet away from
any utilities and driveway or pavement edges. We would like to
see this verbiage adjusted to say "must" to ensure that all tree
plantings will not interfere with infrastructure as they mature.
v. Interior Parking Lot Landscaping Requirements
• At least 5% of the area of interior parking lots with more than 30
parking spaces is devoted to landscape planting areas.
• Wenck interprets the intent of this ordinance to help shade and
break-up large expanses of parking with some sort of vegetation.
2
T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-09-02 Lake Elmo Landscape Inpsection Council Workshop Memo.docx
Ken Roberts
Planning Director WENCK
City of Lake Elmo
September 2, 2020 Responsive partner.
Exceptional outcomes.
So, we look for planted parking lot islands and plantings around
the perimeter of the parking lots.
vi. Perimeter Parking Lot Landscaping Requirements
• A landscaped frontage strip at least five (5) feet wide shall be
provided between parking areas and public streets, sidewalks, or
paths. If a parking area contains over one hundred (100) spaces,
the frontage strip shall be increased to eight (8) feet in width.
a. Within the frontage strip, screening shall consist of either a
masonry wall, fence, berm, or hedge or combination that forms
a screen a minimum of three and one-half (3.5) and a
maximum of four (4) feet in height, and not less than fifty
percent (50%) opaque on a year-round basis.
b. Trees shall be planted at a minimum of one deciduous tree per
fifty (50) linear feet within the frontage strip.
• Alongside and rear property lines abutting residential properties or
districts, screening shall be provided, consisting of either a
masonry wall, fence or berm in combination with landscape
material that forms a screen a minimum of four (4) feet in height,
a maximum of six (6) feet in height, and not less than ninety
percent (90%) opaque on a year-round basis. Landscape material
shall include trees, planted at a minimum of one deciduous or
coniferous tree per forty (40) linear feet along the property line.
vii. Screening Requirements
• Where screening is required in the City Code between uses or
districts, it shall consist of either a masonry wall or fence in
combination with landscape material that forms a screen at least
six (6) feet in height, and not less than ninety percent (90%)
opaque on a year-round basis. Landscape material shall include
trees, planted at a minimum of one deciduous or coniferous tree
per forty (40) linear feet along the property line. Additional
landscape material such as shade trees or trellises may be required
to partially screen views from above.
viii. Special Landscape Considerations
• Village Parkway Collector
a. Boulevard Width........... See typical sections, based on location
b. East side Bituminous Trail 8-feet (See typical sections, based
on location)
c. West side Concrete Sidewalk 6-feet (See typical sections, based
on location)
d. Topsoil Minimum........................................................ 6-inch
e. Turf Treatment................. Salt Tolerant Sod (MN DOT 3878 C)
f. Tree Location without Sidewalk or Trail........ 7-feet back of curb
g. Tree Location with Sidewalk or Trail............ 6-feet back of curb
h. Tree Spacing..................................... Every 75' on Both Sides
i. Street Light Location................................. 5-feet back of curb
j. Street Light Type/Pole 25 ft. black aluminum pole @ each
intersection [Xcel Energy - 'Evans' Lamp]
k. Ornamental Pedestrian Scale Street Lights 15 ft. black
aluminum poles @ 125 ft. spacing, alternating side of street
[Xcel Energy - 'Acorn' Lamp]
3
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Ken Roberts
Planning Director WENCK
City of Lake Elmo
September 2, 2020 Responsive partner.
Exceptional outcomes.
• 5th Street
a. Boulevard Width...... See typical sections, based on location
b. North side Bituminous Trail................................... 10-feet
c. South side Concrete Sidewalk................................. 6-feet
d. Topsoil Minimum................................................... 6-inch
e. Turf Treatment............ Salt Tolerant Sod (MN DOT 3878 C)
• Turf sod to be located from back of curb to 5 feet
behind trail or sidewalk. Prairie sod may be used for
remaining R/W
f. Tree Location...................................... 7-feet back of curb
g. Tree Spacing................................ Every 40' on Both Sides
h. Boulevard trees to be Oak, Maple, or Elm, minimum 4-inch
caliper.
i. Street Light Location at intersections and every 250 feet
apart on alternating sides of the street
j. Street Light Type/Pole 30 ft. black aluminum pole @ each
intersection [Xcel Energy - 'Evans' Lamp]
k. White post and rail fencing is encouraged along 5th Street
at major intersections.
I. Center landscape median. Center median lined with 2-foot-
wide concrete ribbon curb. Landscape area to be planted
according to the 5th Street Center Median Planting Plan.
m. Irrigation system to be installed within the public right of
way to be owned and operated by the City after completion
and acceptance of the 2-year landscape warranty.
• Spray Irrigation required for boulevard areas.
• Drip irrigation required for center landscaped
medians.
2. Landscape Warranty (City Ordinance)
a. The only mention of warranty in the current ordinance:
i. Warranty Requirement. Any replacement tree which is not alive or
healthy, as determined by the City, or which subsequently dies due to
construction activity within two (2) years after the date of project closure
shall be removed by the applicant and replaced with a new healthy tree
meeting the same minimum size requirement within eight (8) months of
removal.
b. Wenck developed a Landscape Inspection Standard to further define the warrant
requirement as:
i. During City landscape inspections, any required landscape material which
is not installed per City details, alive, or healthy, as determined by the
City, or which subsequently dies within two (2) years after the date of
initial acceptance, shall be removed by the applicant and replaced with a
new healthy plant meeting the same minimum size requirement within six
(6) months of removal.
4
T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-09-02 Lake Elmo Landscape Inpsection Council Workshop Memo.docx
Ken Roberts
Planning Director WENCK
City of Lake Elmo
September 2, 2020 Responsive partner.
Exceptional outcomes.
3. Inspection Process & Checklist (No City Ordinance)
a. There are many development plans and inspections that were done before Wenck
assumed the role of municipal landscape architect. We are getting close to closing
those out so that moving forward we have been involved in the entire review,
approval, and inspection process to minimize lost communications during transitions.
b. Wenck developed a Landscape Inspection Standard to define a process, the number
of visits, and schedule of when inspections can occur to fulfill a development's 2-year
landscape warranty period.
i. The City will only complete an initial inspection after all landscape material
has been installed per development or development phase. Developments
have tried to install trees before building construction starts and we have
seen trees get damaged or run over by the construction activity.
ii. Inspection #1 - Initial Landscape Inspection and Acceptance
• The initial inspection will ensure that the approved landscape plans
have been followed, the required amount of landscape materials
have been provided, and the landscape materials are installed
correctly and in a reasonable state of health.
• Note: the warranty period will not begin until all landscape material
is installed, and the City has completed an inspection and issued
initial acceptance.
• Any punchlist items (tree replacements, relocations, pruning, etc.)
must be completed before the City will issue initial acceptance,
start the 2-year landscape warranty, and reduce the development
landscape escrow.
iii. Inspection #2 - Year 1
• An additional landscape inspection will be completed 1 year after
initial acceptance and the start of the warranty period to confirm
growth, confirm any corrective actions from previous inspections
have been completed, and to note additional corrections or
replacements as required.
iv. Inspection #3 - Year 2 (Final Inspection)
• As a condition for completing the 2-year warranty and final
reduction of the landscape escrow, the City will conduct a final
inspection 2 years after initial acceptance and may require the
Contractor to bring the work into compliance.
• Upon final acceptance, the Contractor will not be required to
provide any further care for the plantings. Final acceptance will be
made upon completion of the 2-year warranty resulting from and a
final inspection of the completed Project.
v. Often there are more inspections to follow-up on any replacements and
punchlist items identified in the routine inspections.
c. Inspections are conducted with a balance of quantity, speed, and precision to be
cost effective.
d. Not onsite observation or inspection for installation of the trees which is industry
standard. It would be time consuming to schedule and inspect and would be
costly. Should be the responsibility of the Designer, Developer and Contractor to
install landscape according to the approved plan.
e. Testament to acceptable installation is plant survival during the two-year
warranty. Many plants are in the ground longer than 2 years, since City standard
is to inspect, accept and start the 2-year warranty only after all construction is
complete for the development or phase.
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T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-09-02 Lake Elmo Landscape Inpsection Council Workshop Memo.docx
Ken Roberts
Planning Director WENCK
City of Lake Elmo
September 2, 2020 Responsive partner.
Exceptional outcomes.
f. Landscape review and inspection only applies to what is required in City
ordinance; trees, ground plane, sod/seed mix establishment, utility and driveway
conflicts, appropriate grading for planting. Does not apply to private landscaping,
foundation plantings, stormwater treatment (rain gardens from Inwood), erosion
control (stabilizing big pile of dirt from Inwood). But we are the final inspection
on development and are usually the catch-all of any issues by staff and residents.
g. Major Inspection Focus:
i. Provided and located as shown on the approved plan entered into our
online webmap.
ii. Review for spacing and conflicts with pavement and utilities.
iii. Evaluate tree health.
• Accepted, Dead, Dying, Hazard, Missing, Needs Pruned, Under
Sized, Watch, Wounded, Other
iv. Evaluate for obvious conflict with required landscape details & standards
and make a judgement call if it is detrimental to tree survival. For
example, planted too low is much worse than being planted high.
h. Ultimately a judgement call on what is alive, suffering transplant shock and is
truly dying. Striving for balance between only accepting "perfect" trees and
giving some trees a chance to survive. Depending on demand, large caliper 2 1/2"
B&B trees can become limited by the end of a growing season.
i. Transplanted, balled and burlapped, trees typically retain only 10-20% of
their root system. The larger the caliper of tree, the more roots are lost in
transplanting.
ii. A newly planted tree typically needs one year for each inch in diameter of
the trunk to regain a normal root system.
https://www.state.sc.us/forest/u rbsu rv.htm
iii. Signs of transplant shock include leaf rolling, wilting, scorching, browning
leaves, or early onset of fall colors.
iv. Snap test branches to see if enough of the tree is still trying to grow.
• If tissue under the bark is green and the twig is flexible, the
branch/tree is still trying to grow.
• If the tissue is brown and the twig snaps when bent, the branch is
dead.
• If more than 50% of the leaves and branches are dead, we require
a replacement.
• If more than 50% of the leaves and branches are alive, we require
pruning out the dead, dying, broken, and poorly formed branches.
Too much pruning of a transplanted tree, too soon, can cause
additional shock and make the tree vulnerable to pests and
disease. Some branches may appear to be "out of place" after
pruning but benefit growth by providing energy to living branches.
After the tree has become fully established, additional pruning for
shape may be completed.
4. Inspection Schedule
a. Landscape inspections will occur May 15 through September 15 when leaves are on
the trees and their health can be more easily assessed. The start and end dates for
inspections may be adjusted by the City based on weather conditions. Any inspection
scheduled after September 15, may be deferred to the following Spring (after May
15) so the City can evaluate the health of trees.
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T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-09-02 Lake Elmo Landscape Inpsection Council Workshop Memo.docx
Ken Roberts
Planning Director WENCK
City of Lake Elmo
September 2, 2020 Responsive partner.
Exceptional outcomes.
b. The inspection schedule does not apply to the seasons of planting. Contractors shall
follow industry standard seasons for initial and any replacement plantings.
5. Landscape Ordinance Considerations
a. The City adopted a tree trimming policy in 2019, please see attached information.
b. No current City budget for tree replacement. If a tree dies in public Right of Way, it
is removed, any depression filled with soil and then the soil is seeded by City staff.
Sincerely,
Lucius Jonett, LA (MN)
Wenck Associates, Inc.
City of Lake Elmo Municipal Landscape Architect
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T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-09-02 Lake Elmo Landscape Inppection Council Workshop Memo.docx
Lake Elmo Tree and landscape ordinance language - proposed amendments
October 22, 2020 (With proposed additions underlined and deletions shown with
s4ikethr-euo).
§ 154.250. PURPOSE.
The purpose of this section is to provide regulations of general applicability for property
throughout the City that are intended to protect or enhance natural resources and processes, and
minimize conflicts among land uses.
(Ord. 08-077,passed 5-07-2013)
§ 154.257 TREE PRESERVATION.
A. Purpose. Within the City of Lake Elmo, trees and woodlands are considered a valuable
asset to the community. The City places a priority on protecting this asset and finds that it
is in the best interest to regulate the development and alteration of wooded areas within
the community. All builders, developers and subdividers shall comply with all the
provisions in the Zoning Code which address the preservation of existing significant
trees. All builders, developers and subdividers are encouraged to preserve all healthy
trees of significant value even if the trees do not meet the size requirements to be
considered significant trees.
B. Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Common Tree. Includes Ash, Aspen, Basswood, Catalpa, Elm, Hackberry, Locust,
Poplar, Silver Maple, Willow and any other tree not defined as a hardwood deciduous
tree or a coniferous/evergreen tree.
Coniferous/Evergreen Tree. A wood plant, which, at maturity, having foliage on the
outermost portion of the branches year-round. Tamaracks are included as a coniferous
tree species.
Critical Root Zone (CRZ). An imaginary circle surrounding the tree trunk with a radius
distance of one (1) foot per one (1) inch of tree diameter. E.g. a twenty-inch diameter has
a critical root zone with a radius of twenty(20) feet.
Deciduous Hardwood Tree. A tree that loses its foliage or leaves in the winter. These
include Ineludes Birch, Cherry, Hickory, Ironwood, Hard Maples, Oak and Walnut.
Diameter Breast Height(DBH). The diameter of trees at breast height, measured 4 1/2 feet
(54 inches) above the ground.
Drip Line. The farthest distance away from the trunk of a tree that rain or dew will fall
directly to the ground from the leaves or the branches of the tree.
New Construction. A land alteringay that creates impervious surface in an area
where prior to the activity there was minimal or no impervious surface.
I
New Development. A land alteringactivity ctivity that creates imperious surface in an area
where there was minimal or no impervious surface.
Nuisance Tree. (1)Any living or standing tree or part thereof infected to any degree with
a shade tree disease (See Shade Tree Disease Below) or shade tree pest; (2) Any logs,
stumps, branches, firewood or other part of dead or dying tree(s) infected with a shade
tree disease or shade tree pest unless properly treated; and(3)Any standing dead trees or
limbs which may threaten human health or property. Also included, are noxious or
invasive trees such as buckthorn,boxelder, and cottonwood.
Ornamental Tree. A small tree,usually less than thirty(30) feet in height at maturity,
often planted for ornamental characteristics such as flowers or attractive bark.
Redevelopment. A construction or land alteringay that creates new or replaces
existing impervious surface, buildings or structures on a parcel that is fully or partiallX
occupied by buildings, structures and/or other impervious surfaces.
Shade Tree Disease. Dutch elm disease (Ophiostoma ulmi or Ophiostoma novo-ulmi),
oak wilt(Ceratocystis fagacearum), Emerald Ash Borer or any other tree disease of
epidemic nature.
Significant Tree. A healthy tree measuring a minimum of six (6) inches in diameter for
hardwood deciduous trees, 19 ft. in height or eight (8) inches in diameter for
coniferous/evergreen trees, or twelve (12) inches in diameter for common trees, as
defined herein.
Specimen Tree. A healthy, deciduous hardwood tree measuring equal to or greater than
thirty(30) inches in diameter breast height or a healthy coniferous/evergreen tree
measuring equal to or greater than twenty-five (25) feet in height.
Tree. A large woody perennial plant normally with one main trunk and many branches
that is usually 30 feet or more in height at maturity.
Tree Preservation Plan. A plan prepared by a certified landscape architect or forester
indicating all of the significant trees in the proposed development or parcel. The Tree
Preservation Plan includes a tree inventory which includes the size, species, and location
of all significant trees proposed to be saved and removed on the area of development, and
the measures proposed to protect the significant trees to be saved.
Woodland Evaluation Report. A report prepared by a certified landscape architect,
forester, or land surveyor indicating the general location, condition, and species of
significant trees on a parcel planned for future development or grading activity. The
report must demonstrate that there will be no impact to existing significant trees as part of
the development or grading activity. Finally, the report must include the measures
proposed to protect significant trees on the site.
C. Tree Preservation Standards for Developing Properties
1. Applicability.
a. A Tree Preservation Plan, or suitable alternatives as determined by the City,
shall be submitted and approved for the following activities:
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i. New Development or redevelopment in Any Zoning District. A Tree
Preservation Plan shall be required as part of any development, site
redevelopment, large addition or subdivision application. When either
full redevelopment of a site is proposed or an addition that would increase
total floor area on a site by 25 percent or more, a tree preservation plan and
a landscape plan for the entire site, demonstrating compliance with the
requirements of this section and with Section 154.258, must be submitted
to the City for approval.
ii. Any grading or excavation project that result in the movement of
greater than 400 cubic yards of material per acre of site per §151.017.
iii. If the applicant is able to demonstrate that the proposed development
or major grading activity includes no impact to the significant trees on
the site, then the applicant may be exempt from the requirement to
submit a Tree Preservation Plan. It is the responsibility of the applicant
to demonstrate that there are no impacts to significant trees through a
Woodland Evaluation Report or some other form of tree survey or
study.
b. A Tree Preservation Plan is not required for the following activities:
i. This section does not apply to the issuance of a development approval
for a single-family residence on an existing platted lot of record.
ii. This section does not apply to the harvesting of trees. For purposes of
this section, "harvesting" means cutting or clearing trees for purposes
relating to forestry operations, as defined in §154.012. "Harvesting"
does not include the clearing of land for purposes of development,
even where the trees are sold for purposes of creating lumber for
related purposes.
iii. This section does not apply to building or construction projects with an
addition that would increase total floor area on a site by less than 25
percent. However, if the project would physically impact existing
landscaping, a modified landscape plan for the portion of the site affected
by the addition, demonstrating compliance with the requirements of
Section 154.258 (Landscaping and Screening) must be submitted to the City
for approval.
2. Tree Preservation Plan. All applicants shall submit a tree preservation plan
prepared by a certified forester or landscape architect in accordance with the
provisions of this section. During the review of an application for a building
permit, grading permit or Preliminary Plat, the tree preservation plan will be
reviewed according to the best layout to preserve significant trees and the efforts
of the subdivider to mitigate damage to significant trees.
3. Tree Preservation Plan Requirements. The Tree Preservation Plan shall be a
separate plan sheet(s)that includes the following information:
3
a. The name(s), certification(s), telephone number(s) and address(es) of the
person(s) responsible for tree preservation during the course of the
development project.
b. Tree Inventory. The Tree Preservation Plan must include a Tree Inventory
through one of the following methods:
i. Tree Inventory Individual. An individual inventory including an
identification system linked to metal field tags located four and one-
half(4.5) feet from grade on all significant trees must be identified on
a plan sheet in both graphic and tabular form.
ii. Tree Inventory Sampling. In cases of sites with large tracts of
significant trees, the City may approve the use of a sampling inventory
for all or portions of a site as an alternative to an individual inventory.
The sampling inventory must include the methodology for sampling,
identification ribbon around the perimeter of the sampling areas, and
metal field tags located four and one-half(4.5) feet from grade on all
significant trees in the sampling area. Within the sampling area, the
quantity, size, species, health and location of all significant trees must
be identified on a plan sheet in both graphic and tabular form. Based
on sampling, total estimates and locations of healthy significant trees
shall be provided.
iii. Tree Inventory Combination. With the approval of the City, sites that
include both large tracts of significant trees and areas of individual
significant trees may utilize a combination of the individual and
sampling inventory methods.
c. Trees that were planted as part of a commercial business such as a tree farm or
nursery do not need to be inventoried on an individual tree basis. A general
description of the trees and an outer boundary of the planted area must be
provided. The burden of proof shall be on the applicant to provide evidence to
support the finding that the trees were planted as part of a commercial
business.
d. A listing of healthy significant trees inventoried in subsection(b) above.
Dead, diseased or dying trees do not need to be included in the totals.
e. A listing of the healthy significant trees removed, identified by the metal field
tag or some other form of identification used in the tree inventory in
subsection(b) above.
f. A listing of the healthy significant trees to remain, identified by the metal field
tag or some other form of identification used in the tree inventory in
subsection(b) above.
g. Outer boundary of all contiguous wooded areas, with a general description of
trees not meeting the significant tree size threshold.
h. Locations of the proposed buildings, structures, or impervious surfaces.
i. Delineation of all areas to be graded and limits of land disturbance.
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j. Identification of all significant trees proposed to be removed within the
construction area. These significant trees should be identified in both graphic
and tabular form.
k. Measures to protect significant trees and City standard tree protection detail.
1. Size, species, number and location of all replacement trees proposed to be
planted on the property in accordance with the Mitigation Plan, if necessary.
in. Signature of the person(s)preparing the plan.
4. Implementation. All new construction, new development and redevelopment sites
shall be staked, as depicted in the approved Tree Preservation Plan, and the
required tree protection fencing shall be installed around the critical root zone
before land disturbance is to commence. The City has the right to inspect the site
at any time for compliance with the plan. No encroachment, land disturbance,
trenching, filling, compaction, or change in soil chemistry shall occur within the
fenced areas protecting the critical root zone of the trees to be saved.
5. Allowable Tree Removal. Up to thirty(30)percent of the diameter inches of
significant trees on any parcel of land being developed or redeveloped may be
removed without replacement requirements. Replacement according to the Tree
Replacement Schedule is required when removal exceeds more than thirty(30)
percent of the total significant tree diameter inches. The following types of trees
do not need to be included as part of the tally of tree removals:
a. Dead, diseased, or dying trees;
b. Trees that are transplanted from the site to another appropriate area within the
city;
c. Trees that were planted as part of a commercial business, such as a tree farm
or nursery; or
d. Trees that were planted by the current property owner. In making such a
determination, the City shall consider consistency of the age of the trees, any
patterns in the location of trees, historical aerial photography and evidence of
intentional planting such as invoices, formal planting plans or cost sharing
agreements.
6. Mitigation Plan.
a. In any new development, redevelopment or grading project where the
allowable tree removal is exceeded, the applicant shall mitigate the tree loss
by planting replacement trees in appropriate areas within the development in
accordance with the Tree Replacement Schedule.
b. The form of mitigation to be provided by the applicant shall be determined by
the City.
c. The planting of trees for mitigation on residential projects shall be in addition
to any other landscape requirements of the City.
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d. All trees, with the exception of ornamental trees, planted as landscaping on
commercial or mixed-use projects may be counted towards tree replacement
requirements.
7. Tree Replacement Calculations. Thirty(30)percent of the total diameter inches of
significant trees on the site of new construction, new development or
redevelopment may be removed without replacement. Any percentage of trees
removed over 30 shall be replaced. The following calculation procedure must be
used to determine tree replacement requirements:
a. Tally the total number of diameter inches of all significant trees on the site.
b. A calculation must be provided which breaks out the number of inches
removed for hardwood, evergreen/deciduous, and common trees. The 30%
removal figure applies to each category individually and trees are replaced
according to the Tree Replacement Schedule in subsection 8.
8. Tree Replacement Schedule. Tree removals over the allowable tree removal limit
on the parcel or site of new construction, new development or redevelopment
shall be replaced according to the following schedule:
a. Common tree species shall be replaced with new trees at a rate of one-fourth
(1/4)the diameter inches removed.
b. Coniferous/evergreen tree species shall be replaced with new coniferous or
evergreen trees at a rate of one-half(1/2)the diameter inches removed. Since
coniferous species are often sold by height rather than diameter inch, the
following conversion formula can be used:
Height of Replacement Coniferous Tree/2 =Diameter Inches of Credit
c. Hardwood deciduous tree species shall be replaced with new hardwood
deciduous trees at a rate of(1/2)the diameter inches removed.
d. Replacement Tree Size. Replacement trees must meet the minimum sizes
listed in Section 154.258 B (Table 6-1).
a ete
9. Species Requirement. The City must approve all species used for tree
replacement. Ornamental trees are not acceptable for use as replacement trees.
Where ten or more replacement trees are required, not more than thirty(30)
percent of the replacement trees shall be of the same species of tree. The planting
of Native species are encouraged, and hardiness and salt tolerance of the plants
should be considered where applicable.
10. Warranty Requirement. Any replacement tree which is not alive or healthy, as
determined by the City, or which subsequently dies due to construction activity
within two (2) years after the date of project closure shall be removed by the
applicant and replaced with a new healthy tree meeting the same minimum size
requirement within eight(8)months of removal.
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11. Protective Measures. The Tree Preservation Plan shall identify and require the
following measures to be utilized to protect significant trees planned for
preservation:
a. Installation of snow fencing or polyethylene laminate safety netting placed at
the drip line or at the perimeter of the critical root zone, whichever is greater,
of significant trees, specimen trees and significant woodlands to be preserved.
No grade change, construction activity, or storage of materials shall occur
within this fenced in area.
b. Identification of any oak trees requiring pruning between April 15 and July 1.
Any oak trees so pruned shall be required to have any cut areas sealed with an
appropriate nontoxic tree wound sealant.
c. Prevention of change in soil chemistry due to concrete washout and leakage or
spillage of toxic materials, such as fuels or paints.
d. Removal of any nuisance trees located in areas to be preserved.
12. Compliance with the Tree Preservation Plan. The applicant shall implement the
Tree Preservation Plan prior to and during any grading or construction. The tree
protection measures shall remain in place until all land disturbance and
construction activity is terminated or until a request to remove the tree protection
measures is made to, and approved by, the City.
a. No significant trees shall be removed until a tree preservation plan is approved
and except in accordance with the approved Tree Preservation Plan.
b. The City shall have the right to inspect the development, redevelopment
and/or building site in order to determine compliance with the approved Tree
Preservation Plan. The City shall determine whether the Tree Preservation
Plan has been met.
c. Instances where (a) significant tree(s) is (are) removed due to new
development, redevelopment, new construction or rg ading or were disturbed,
which was not noted on the landscaping or tree removal plan will result in a
one to one replacement penalty regardless if it is over the 30% allowance.
D. Financial Security. In cases where mitigation or tree replacement is required, the City
may require that a financial security, in a form acceptable to the City, be provided as part
of a development agreement, site work agreement or applicable permit to ensure
compliance and performance of the Mitigation Plan. The financial security will be
released to the applicant upon verification by the City that the Mitigation Plan was
followed, and that all replacement trees are planted and in a reasonable state of health.
The financial security may be used to replace any replacement trees that have become
damaged or diseased after planting.
E. Exceptions
1. Exception Standards. Notwithstanding the City's desire to accomplish tree
preservation and protection goals, there may be instances where these goals are in
conflict with other City objectives. These conflicts will most likely occur on
small, heavily-wooded parcels. Developers may ask the City for exceptions to the
7
Cit.. t�preservation standards through the variance process as indicated in
154.109. The City may grant Exceptions may be gr-an ' if all of the following
conditions exist:
a. It is not feasible to combine the subject parcel with adjacent parcels that
could use the parcel as required green space;
b. Strict adherence to the Tree Preservation Ordinance would prevent
reasonable development that is consistent with the Comprehensive Plan and
desirable to the City on the parcel; and
c. The exception requested is the minimum needed to accomplish the desired
development or redevelopment.
2. Reduced Mitigation for Exceptions. If the City approves an exception to the tree
preservation standards is gr-apAed, relief from the requirements of the ordinance
may take the form of reduced mitigation requirements, greater allowable tree
removal, higher thresholds for determining significant trees, or any combination
of the above. The City Council will determine which form of relief best balances
the objectives of the City and tree preservation. The Council may require payment
of park dedication fees; the implementation of woodland management practices
by the developer; or the planting of replacement trees on City property by the
developer under direction of the Public Works Director; or a combination of these
methods as a condition of the City pproving relief or an exception from the tree
preservation and planting requirements. reval.
8
§ 154.258 LANDSCAPE AND SCREENING REQUIREMENTS. (With proposed additions
underlined and deletions shown with strike* rzg ).
Purpose and Intent. The City of Lake Elmo recognizes the health, safety, aesthetic, ecological and
economic value of landscaping and screening.The City intends the provisions of this section to:
(1) Add visual interest to open spaces and blank facades;
(2) Soften dominant building mass;
(3) Provide definition for public walkways and open space areas;
(4) Ensure significant tree canopy shading to reduce glare and heat build-up;
(5) Improve the visual quality and continuity within and between developments;
(6) Provide screening and mitigation of potential conflicts between activity areas and more
passive areas;
(7) Protect and improve property values;
(8) Improve air quality and provide a buffer from air and noise pollution;
(9) Ensure safe and aesthetic treatment of ponding areas;
(10) Enhance the overall aesthetic conditions within the city;
(11) Limit sight line obstructions and drainage conflicts;
(12) Reduce the potential for criminal and illegal activities; and
(13) Prevent conflicts with utilities.
Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Berm. An earthen mound designed to provide visual interest, screen undesirable view and/or
decrease noise.
Caliper. The diameter of a tree measured six inches above the ground for tree four inches in
diameter or less and measured twelve inches above the ground for tree greater than four inches in
diameter.
Coniferous/Evergreen Tree. A wood plant, which, at maturity, having foliage on the outermost
portion of the branches year-round. Tamaracks are included as a coniferous tree species.
Garden. A cultivated area dedicated to rig vegetables, fruits, flowers, ornamental grasses,
shrubs and similar plants, planted and maintained in well-defined borders.
Landscape Plan. An integrated set of documents that may consist of both drawn and written
materials whose purpose is to identif f�proposed development or redevelopment, the means
of compliance with the landscaping and screening standards of the City Code.
Landscaping. Trees, shrubs, lawns, plants, turf covers, grasses and other natural and decorative
site features including earth contouring, mounding and berms.
Land Altering Activity. Projects, permits or other activities or actions that result in groun
disturbance or construction.
9
Long grass. Any grass that can reach a blade, stem or seed head height or length of at least one
foot as a part of its intended normal growth and use and is not developed, sold or intended to be
used as a grain or as manicured or semi-manicured lawn grass or ground cover that is normally
intended to be maintained at a lower height by regular cutting,
Meadow Vegetation. Grasses and flowering broad-leaf plants, other than weeds, that are native
to, or adapted to the State of Minnesota and are commonly found in meadow and prairie plant
communities.
Mulch. A protective covering of materials placed around plants to control weeds and moderate
evaporation of moisture or freezing. Examples of mulch include organic mulch such as wood
chips, shredded hardwood and cocoa beans and inorganic mulch such as stones or rocks. The
City does not consider materials creatingan n impermeable cover shall as mulch.
Native Plants. Plants including_grasses and meadow vegetation, sedges ,solid, triangular-
stemmed plants resembling_grasses), forbs (flowering broadleaf plants), trees and shrubs that are
plant species native to or naturalized to the State of Minnesota, excluding,prohibited exotic
species defined by Minnesota Statutes.
Native Plant Landscape Areas. Areas where native plants are being or have been planted in a
well-defined and maintained border. Native plant landscape areas do not include gardens.
Native Prairie. An area of landscaping containing a diversity of native flora species in
associations typical of pre-settlement ecosystems.
Natural Areas. Undeveloped landscapes not changed, altered, moved, cultivated or planted by
human or mechanical means and that do not contain turf grass.
Natural Soil. Soil that exists undisturbed in its natural state.
New Construction. A land alteringa ctivity that creates impervious surface in an area where prior
to the activity there was minimal or no impervious surface.
New Development. A land altering activity that creates imperious surface in an area where there
was minimal or no impervious surface.
Planting Bed. A designed area including, but not limited to trees, shrubs,perennials and rg ound
covers that is typically defined by landscape edging along turf boundaries and has a mulched
surface.
Rain Gardens. Depressed or shallow landscape features areas in the landscape with moisture-
loving perennial native plant materials including wildflowers, grasses, shrubs and trees designed
and constructed to provide natural filtration of water run-off and to help manage storm water
run-off by allowing water to soak into the ground.
Redevelopment. A construction or land altering_ a ctivity that creates new or replaces existing
impervious surface, buildings or structures on a parcel that is fully or partiallypied by
buildings, structures and/or other impervious surfaces.
Screening. A method of blocking direct visual access of a structure, building, feature or the use
of a combination of methods includingfg, walls, berms, densely planted ever_rg een
vegetation to block the direct visual access. Screening is usually at least five feet high but the
City may require taller screening in cases where it determines the taller screening is necessary,
10
Shrub. A low,usually several stemmed woody plant.
Soil. The unconsolidated mineral and organic mineral material on the immediate surface of the
earth.
Topsoil. The uppermost layer of soil, containing organic matter and micro-organisms.
Tree. A large woody perennial plant normally with one main trunk and many branches that is
usually 30 feet or more in height at maturity.
Turf grass. Commercially available cultured grass varieties that are grown to create turf,
including bluegrass, fescue and ryegrass blends commonly used in regularly_ cut lawn areas.
Xeriscaping. Landscaping with slow-growing drought tolerant vegetation or other decorative
features for the purpose of conserving water and reducing yard waste.
All new development and redevelopment sites shall be landscaped as provided in this section in
order to control erosion and runoff, moderate extremes of temperature and provide shade, aid in
energy conservation, preserve habitat, provide visual softening of, especially,urban
development, and generally enhance the quality of the physical environment within the city.
The City requires landscaping for all new commercial and industrial development, mixed-use
and multiple-family residential developments, for small-lot single-family development with
private common grounds or berms and for redevelopment sites.
A. Landscape Plan Required. A detailed landscaping and screening plan is required for all
new commercial, industrial, institutional, mixed-use and multi-family development or
redevelopment, all planned unit developments, and all subdivisions, with the exception of
minor subdivisions and lot divisions, as defined in Chapter 154. The City also requires
the submittal and approval of a landscape plan for any pplication for additions or
modifications to existing development that physically pacts existing landscaping or
screening or when a developer or property owner proposes changes to an existing
landscaping or screening plan as approved by the City. The landscape and screening plan
shall be prepared by a eei4ifie licensed landscape architect and shall include the
following:
1. The location, size, quantity, and species of all existing and proposed plant
materials. The plans shall show which plants are proposed to be removed and
which plants are to be retained as part of the final landscaping. These plans shall
include details of all proposed landscaping materials including Latin name,
common name, caliper/height/size and quantity of each plant.
2. A detailed natural land analysis includingexisting xisting vegetation, soil types and
slopes.
3. A site analysis that includes the boundary lines of the property with dimensions
based upon a certified survey with the name and alignment of proposed and
existing adjacent streets, roads trails and sidewalks, the location of a proposed
utility easements and rights-of-way, the location of existing and proposed
buildings, topographic contours at two-foot contour intervals, location of parking
and drive areas, water bodies, sidewalks and trails.
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4. All manmade features.
5. Methods for protecting existing trees and other landscape material, consistent with
§154.257.
6. Structural and ground cover materials.
7. Provisions for irrigation (with sprinkler system details) and other water supplies.
8. Details (including location height and materials) and cross sections of all required
and proposed screening, retaining walls and berms.
9. Special planting instructions.
10. City standard plan notes and drawings.
11. Utilities, light and power poles and fixtures, sidewalks, trails and driveways shall
also be clearly shown on the plans.
12. Above and below ground utilities and easements.
13. Location, width and height of all berms and retaining walls.
14. Location and methods of screening to be installed on the site.
15. Areas planned for snow storage. These locations shall only be turf grass areas and
shall not be medians nor areas with plantings, shrubs or trees.
16. A design narrative that includes text and/or graphics that provide detail on the
design concept employed and key features of the landscape design. The narrative
should address, but not be limited to, the relationship of the pattern and species of
plants to buildings and other structures on the site, the relationship of the proposed
design with surrounding_properties a description of special purpose plantings such
as screening, erosion control and the proposed methods of attaining_year-round
seasonal interest in the landscaping
The City will review the landscape and screening plan in conjunction with other
project plans (site plan, grading plan, utility plans, etc.). The City may set conditions
of approval that apply specifically to the landscape and screening,plan. The final
landscaping and screening plan must be approved the City Landscape Architect before
the City will issue permits for the proposed new development, redevelopment or new
construction.
B. Design Considerations. The following design concepts and requirements shall be
considered when developing a landscape plan.
1. To the maximum extent possible, the landscape plan shall incorporate existing
trees and other vegetation on the site.
2. Landscaped areas should be of adequate size to allow proper plant growth, protect
plantings from vehicular and pedestrian traffic, and provide adequate areas for
plant maintenance,plant growth and for snow storage. Snow storage areas shall
not include medians and shall not have shrubs or trees planted in those areas.
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3. A variety of trees and shrubs should be used to provide visual interest year round.
No more than fifty percent (50%) of the required number of trees and shrubs may
consist of any one species. A minimum of twenty-five percent(25%) of the
required number of trees shall be deciduous shade trees, and a minimum of twenty-
five percent(25%) shall be coniferous trees. Ornamental trees may be used when
applied towards landscaping requirements. However, the number of ornamental
trees shall not exceed 15% of the required amount.
4. Final slopes greater than 3:1 will not be permitted without special treatment such
as terracing, retaining walls, or special ground covers.
5. All plant materials, except trees planted per the Tree Replacement Schedule
(Section 154.257 C8), shall meet the following minimum size standards in Table
6-1. Trees planted per the Tree Replacement Schedule shall meet the minimum
requirements outlined in Section 154.257 (C) (8) (d.).
Table 6-1. Minimum Size Standards for Landscape Materials
Plant Type Minimum size at planting
Trees:
Evergreen 6 feet in height
Deciduous—shade 2.0 2.5 inches caliper,measured 6 inches from base
Deciduous-ornamental 1.5 2-inches caliper,measured 6 inches from base
Shrubs:
Evergreen #5 container*
Deciduous #5 container*
Shrubs used for screening(evergreen or deciduous) #5 container*
*Approximately 5 gallons. See American Standards for Nursery Stock,ANSI 260.1-2004 for exact specifications.
This table a-ad its requir-efaents do net apply to the tfee r-eplaeefnefA sehe"Ie.
6. As an alternative to the minimum standards for landscape materials, a landscape
plan prepared by a licensed landscape architect certifying
that said plan will meet the intent of this Section may be submitted.
7. Planting plans must consider the location of
underground utilities and storm water drainage systems. All trees shall be planted
a sufficient distance ten feet away from all utilities including water lines and mains
and sewer stubs, sanitary an storm sewer lines, curbs, trails, sidewalks,pavement
edges, property lines, centerlines of drainage swales and from easements lines to
ensure they will not cause conflicts (Refer to the setback standards listed in Section
C 1 for more details). The City's Landscape Architect or
the City Engineer may pprove a reduced planting setback on a case by case basis.
Trees shall not be placed in drainage or utility easements.
8. Trees shall be planted to the following standards:
a. Each tree must be planted with an approved engineered root space of 500
cubic feet with a minimum serviceable opening of 5 feet by 5 feet. The
engineered root space profile must have a minimum width of 5 feet, a
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minimum depth of 3 feet and a maximum depth of 4 feet to ensure proper
growth.
b. Types of engineered root space include suspended pavement systems
(systems that suspend pavement and are filled with uncompacted planting
soil) or structural soil (systems that include rock or sand based structural
soil). Structural soils are compacted to support pavement and allow root
growth through connect voids between particles.
C. The maximum depth for calculating the suitable soil volume shall be two
feet.
d. The minimum width of the planting area at the trunk of the tree shall be
eight feet.
9. Planting areas should be large_ enough_ for specified plantings in order to avoid
overhang problems. This includes accommodating vehicle overhang(2.5 -3 feet
when placing plants around parkin_ areas.
10. Planting locations should be coordinated with the location of irrigation controls,
utility boxes, electrical hand holes and similar obstructions. Where possible,
locate such above-ground obstructions in planting beds rather in in turf areas in
order to avoid trip points.
11. Designers of landscape plans shall coordinate planting plans with lighting plans to
avoid conflicts.
12. Median islands shall be landscaped with ornamental grasses, shrubs, and/or
ornamental trees. Deciduous shade and coniferous trees shall not be planted in
median islands.
13. Berms should have a minimum crown width of three feet and should be planted
with vegetation. Slopes on berms should be no greater than 3:1. The height, slope
and area of the berm should be appropriate to prevent erosion and to facilitate safe
maintenance of the berm.
14. Landscape plans shall be designed so mature landscaping will not interfere with
vehicular and pedestrian sight lines. Shrub and perennial plantings should be
maintained below driver eye-level (generally 3 feet). Massed tree plantings should
not obstruct sight lines nor interfere with required clear sight_ triangles.
15. Designers shall select plant materials based on site conditions and shall consider
the susceptibility of plants and materials to salt damage, drought tolerance, shade
tolerance, soil types, winter wind exposure and moisture tolerance.
16. All plants should be mulched. The City prefers the use of organic mulch but the
City allows the use of loose stones or stones as mulch. No impermeable material,
such as plastic, shall be used over soil in a landscape plan.
17. The City encourages the use of ornamental grasses in landscape plans as a method
to add visual interest to a site.
18. The City may allow the use of rain gardens to assist in the efficient control and
treatment of storm water and to promote groundwater recharge. Any plan
proposing to use rain gardens will be subject to approval b__ t�pplicable
Watershed District.
19. The City promotes the use of xeriscaping design strategies in landscape plans as a
method to promote water conservation. Such plans may include the use of
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decorative rock as ground cover, limiting turf areas, selecting low-water-use
plants, the installation of efficient irrigationystems and using mulch.
20. All open areas of any site not occupied by designated landscape areas, building,
parking, driveways, trails or sidewalks shall be sodded or seeded over 6 inches of
topsoil. An exception to this are undisturbed areas containingexisting xistin natural
atural
vegetation that can be maintained free of foreign and noxious plants and materials.
21. Developers, designers and Landscape Architects preparing plans for development
or redevelopment sites in Lake Elmo also should refer to the latest version of the
following design standards for guidance when preparing project plans:
a.City of Lake Elmo Engineering Design Standards.
b.City of Lake Elmo Landscape and Irrigation Standards.
c.5th Street Landscape design standards.
d.Village Parkway design standards.
e.Hudson Boulevard Engineering Design Standards.
£Lake Elmo Landscape Development calculator.
C. Landscaping of Setback Areas. All required setbacks not occupied by buildings,parking,
paths or plazas shall be landscaped with turf grass, native grass, trees, shrubs, vines,
perennial flowering plants, and surrounding pervious ground cover. The landscaping in
setback areas and along the site perimeter of a site should be designed to add visual
interest, contribute to visual quality and continuity within and between sites and provide a
transitional area between different uses and help define the property boundar.
1. A minimum of one (1)tree shall be planted for every fifty(50) feet of street
frontage, lake shore or stream frontage, or fraction thereof.
a. Trees adjacent to streets shall be planted within the front yard and may be
arranged in a cluster or placed at regular intervals to best complement existing
landscape design patterns in the area.
b. Tree planting locations must take into account the width of the lot and
boulevard and the location of utilities, easements, driveways, trails and
sidewalks. On lots with a street or driveway frontage of less than 50 feet, the
City may approve alternative locations for tree planting if the designer can
show the proposed improvements will make tree planting in the boulevard of
that lot impractical due to required setbacks from improvements and the
amount of space available for tree plantingplacement alternative for tree
planting does not reduce the total number of trees that must be planted with a
development or redevelopment project.
c. Ornamental trees shall be placed at least 12 feet from utilities, curbs,
sidewalks, trails, driveways and buildings.
d. Over story trees shall be placed at least 15 feet from utilities, curbs, sidewalks,
trails, driveways and buildings.
e. Coniferous or evergreen trees shall be placed at least 20 feet from utilities,
curbs, sidewalks, trails, driveways and buildings
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f. Salt tolerance and root structure should be considered when selecting tree
species adjacent to streets, driveways, trails, sidewalks and parking areas.
g. Where property abuts a lake or stream, trees shall be planted at intervals of no
more than fifty(50) feet along the shoreline, except where natural vegetation
is sufficient to meet this requirement.
h. Areas to have turf grass shall have at least six inches of topsoil spread evenly
on those areas prior to the contractor sodding or seeding_
2. In addition to the requirements of C.1 above, a minimum of five (5) trees shall be
planted for every one (1) acre of land that is disturbed by development activity.
Such trees may be used for parking lot landscaping or screening as specified in
subsections D and E below.
D. Interior Parking Lot Landscaping. The purpose of interior parking lot landscaping is to
minimize the expansive appearance of parking lots by visually breaking up large areas of
ap ving and provide shaded parking areas. Landscaping shall consist of planting islands,
medians and borders, comprising the required planting area specified under item (1)
below.
1. At least five (5)percent of the interior area of parking lots with more than thirty
(30) spaces shall be devoted to landscape planting areas. Areas may consist of
islands or corner planting beds. Parking lot landscape islands should include an
18-inch area clear of trees, shrubs or perennials along each curb edge.
2. Shade trees shall be provided within the interior of parking lots (in islands or
corner planting beds) in accordance with the following table:
Table 6-2. Minimum Required Tree Planting for Parking Lots
ber of Parking Spaces iirnurn Required Tree Planting
0—30 None required
31 - 100 1 tree per 10 spaces or fraction thereof
101+ 1 tree per 15 spaces or fraction thereof
E. Perimeter Parking Lot Landscaping. Parking areas shall be screened from public streets
and sidewalks, public open space, and adjacent residential properties to reduce the visual
impact of the parking surfaces, to mitigate glare from headlights, improve the aesthetic
Quality of users of the site, adjacent site roadways, trails and sidewalks. The perimeter of
parking areas shall be screened as follows:
1. With the exception of properties located in the VMX zoning district, a landscaped
frontage strip at least five (5) feet wide shall be provided between parking areas
and public streets, sidewalks, or paths. If a parking area contains over one hundred
(100) spaces, the frontage strip shall be increased to eight(8) feet in width.
a. Within the frontage strip, screening shall consist of either a masonry wall,
fence, berm, or hedge or combination that forms a screen a minimum of three
and one-half(3.5) and a maximum of four(4) feet in height, and not less than
fifty percent(50%) opaque on a year-round basis. When shrubs are used to
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provide the screen, such shrubs must be at least two feet tall at planting and
expected to grow to at least 3.5 feet tall at maturity.
b. Trees shall be planted at a minimum of one deciduous tree per fifty(50) linear
feet within the frontage strip.
c. The City may waive parking lot screening requirements in circumstances
where perimeter screening is provided or where the elevation of the parking
area relative to the elevation of the street and sidewalk or trail would make the
screening ineffectual as determined by the City's Landscape Architect or
Planning Director.
Alongside and rear property lines abutting residential properties or districts,
screening shall be provided, consisting of either a architecturally compatible
masonry wall, fence or berm in combination with landscape material that forms a
screen a minimum of four(4) feet in height, a maximum of six (6) feet in height,
and not less than ninety percent (90%) opaque on a year-round basis. Landscape
material in screeningareas reas shall include trees,
deei , ousor-eenifer-ous tree per-f i4y(nm linear-feet .,long the r peAy line
F. Screening. Screening shall be used to provide visual and noise separation of intensive
uses from less intensive uses or to provide a buffer between incompatible land uses.
Where screening is required in the City Code between uses or districts, it shall consist of
sufficient landscape materials and/or ear a wall or fence that is architecturally
compatible with the principal building, or a berm a masonry wall ^r f nee in combination
with landscape material that forms a screen at least six (6) feet in height above _grade, and
not less than ninety percent(90%) opaque on a year-round basis. If the developer or
contractor uses evergreen or coniferous trees as part or all of the screening„ the trees shall
be planted in two staggered rows with the trunks of the trees in each row spaced at a
maximum of 12 feet. T andseape material shall ; elude trees planted t ., miaiffmm f one
deei a, etis e eenifer-ous tree per-f i4y(4 m linear-feet alert.the pr-e..,ei4y 1i Additional
landscape material such as shade trees or trellises may be required to partially screen
views from above. All screening devices, materials and methods shall be included on the
project site and/or landscaping plans.
G. Special Design Features. The City allows and encourages the use of xeriscaping rain
gardens, native prairie materials and long_grasses in appropriate locations.
H. Redevelopment Compliance.
(1) Redevelopment or large addition. When either full redevelopment of a site is
proposed or an addition that would increase total floor area on a site by 25% or more, a
landscape plan for the entire site, demonstrating compliance with the requirements of
this section, must be submitted to the City for approval.
(1) Small addition. When an addition is proposed that would increase total floor
area on a site by less than 25%, but would physically impact existing landscaping, a
modified landscape plan for the portion of the site affected by the addition,
demonstrating compliance with the requirements of this section, must be submitted to
the City for approval.
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(2) Constrained Sites. The City recognizes that highly constrained redevelopment
sites may have difficulty meeting the requirements of Section 154.258. Given the City
wants to encourage rather than impede redevelopment, owners or developers of
highly constrained redevelopment site may seek relief from City tree preservation
and/or landscape standards. When considering granting flexibility to required tree
preservation and/or landscape standards, the City shall:
a. Balance the public interest in promoting redevelopment with the public
interest in preserving trees and providing landscaping; and
b. Consider whether the reduced tree preservation or landscaping levels
are balanced by alternative methods of providing visual interest to the
site including but not limited to sculpture, public art or higher quality
landscape materials.
I. Maintenance and Installation of Materials. Installation and maintenance of all landscape
materials shall comply with the following standards:
1. All landscape materials shall be installed to current industry standards.
2. Irrigation or other water supply adequate to support the specified plant materials
shall be provided.
a.All automatic lawn and irrigation_ ystem controllers must be U. S. EPA
WaterSense certified.
b.All automatic lawn and irrigation_ ystems shall have furnished and
installed technology such as a rain sensor/detection device that inhibits or
prevents the operation of the irrigation_ system during periods of rain or
sufficient moisture.
c.Furnished and installed technology inhibiting or preventing the he operation
of irrigation systems shall be maintained in operating condition and
replaced as necessary to keep the systemperational.
d.The irrigation system shall not spray water on streets, driveways,
sidewalks or trails.
3. All required landscaping and screening features shall be kept free of refuse and
debris.
4. All landscape materials shall be guaranteed for two (2) years. Any landscape
material that dies or becomes diseased before the end of the second (2nd) year after
installation shall be replaced by the developer.
6. It shall be the responsibility of the current property owner to maintain the approved
landscaping and screening plan in an attractive and well-kept condition beyond
two years of the initial installation. Maintenance shall include the replacement of
dead or damaged plant material at the next appropriate planting period with new
materials in conformance with the approved landscape plan and applicable CitX
Code standards; the furnishing and installation of mulch; weeding; mowing of
grass, cleaning of litter; or any other action deemed necessary y the City to insure
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that the requirements of this ordinance are met. Any action that reduces the
canopy cover and/or landscaping below the minimum that is required by the City
shall require in-kind replacement.
7. Structure Maintenance. Property owners must maintain landscaping and screening
structures such as fences and walls in good condition, free of graffiti, peeling paint,
decay or warping. Property owners must repair and replace structures when
needed to keep them structurally sound and safe.
8. Property owners must not remove landscaping and screening materials or
structures as were included on a City-approved landscape plan unless the City has
approved a revised landscape and screening plan for the site or for the property or
development.
9. The City may remove without compensation landscaping features placed in a
public easement if it is necessary to install, replace or maintain a public utility,
sidewalk or drainage way within the easement. Trees, irrigation lines,berms,
walls or fences must not be placed in a public easement where are public
improvements are located without the written approval of the City(with an
encroachment agreement).
10. The City may require the owner of occupant of a property who has planted, or has
allowed to be planted, native plants or other vegetation within a drainage or utility
easement to remove the native plants or other vegetation from the easement at their
expense (and at no expense to the City) if the City determines the native plants or
vegetation interferes with the purpose and function of the utility or drainage
easement. The City will not be responsible for damage to turf grass and/or
landscaped areas resulting from works improvements or snow removal
activities within drainage and utility easements.
11. Landscaping and screening shall not interfere with clear view or site triangles_ at
street intersections.
12. Property owners must keep the area three feet in radius around all fire hydrants,
fire hose connections and utility boxes free from any trees, shrubs or other
landscape feature that could impede access to or the use of the fire hydrant, fire
hose connection or utility box.
13. Owners of the property abuttingtght-of-wadpublic street or road shall
properly maintain the grass and landscapin on n the property and on the public
right-of-way to the curb line or to the traveled portion of the street or road. Proper
maintenance shall include, but not be limited to, sodding,Planting, mowing or
weed abatement whenever necessary.
14. Property owners shall prune and trim trees and shrubs located on private property
so they will not obstruct pedestrian sidewalk traffic nor obstruct the view of any
traffic sign,lights, street or intersection. Overhanging portions of trees and shrubs
shall be pruned or trimmed to maintain a minimum clearance of eight feet over
sidewalks, trails and ditches and 20 feet over all streets and driveways.
15. Warranty Requirement. Any replacement tree which is not alive or healthy, as
determined by the City, or which subsequently dies due to construction activity
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within two (2) years after the date of project closure shall be removed by the
applicant and replaced with a new healthy tree meeting the same minimum size
requirement within eight (8) months of removal.
J. Financial Security. The City will require that a financial security, in a form acceptable to
the City, be provided as part of a development agreement or applicable permit to ensure
compliance and performance of the Landscape Plan. The financial security will be
released to the applicant upon verification by the City that the Landscape Plan was
followed, and that all landscape materials are planted and in a reasonable state of health.
The financial security may be used to replace any landscape materials that have become
damaged or diseased after planting. Adequate security must be retained to ensure
performance for at least two years after the installations have been completed.
(Ofd. 09 nay passed 8 20 2013
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