HomeMy WebLinkAbout10.E.2. Rev. to City Code Sect. 11.60, Subd. 8, Landscape Requirements Ord. No. 884pwtA General Business 10. E. 2.
SHAKOPEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jacob Busiahn, Natural Resources Technician
DATE: 04/15/2014
SUBJECT: Revisions to City Code Section 11.60, Subdivision 8, Landscape Requirements -
Ordinance No. 884 (A, B)
Action Sought
The City Council, if concur, adopt Ordinance No. 884, An Ordinance of the City of Shakopee
Amending Section 11.60, Subdivision 8 of the Shakopee City Code, Landscape Requirements.
Background
The Landscaping Requirements tie to the Tree Management Regulations, when calculating the
number of tree required within a development. During the revision of the Tree Management
Regulations, staff identified that changes to the Landscaping Requirements were also in need of
updating. The proposed amendments that are being brought forward have been developed to meet
the following goals:
1. Increase tree canopy within the City.
2. Increase survivability of the required landscaping in parking areas.
3. Account for all installed impervious surfaces on a site.
4. Reduce the negative impacts associated with large areas of impervious surfaces.
5. Align financial security requirements with the proposed Tree Preservation Regulations.
6. Create pedestrian safe zones that allow for site connectivity through the use of sidewalks.
Discussion
On March 20th, 2014 a joint meeting between the Economic Development Advisory Committee
and the Planning Commission was held to take comments on the proposed revisions to the
Landscape Requirements. After extensive discussion, members of the EDAC and Planning
Commission gave mostly positive feedback to the proposed ordinance revisions. The Planning
Commission reviewed the revision again on April 3rd. It is recommending the following
revisions to the Landscaping Requirements to the City Council for adoption.
Following is an overview of the current landscaping requirements:
• Landscaping requirements are calculated based on gross building area alone. A portion of
this required landscaping must be placed in parking areas of more than 50 parking spaces at
a rate of one landscape island containing one tree for every 4,000 square feet of paved area
in a parking lot. Islands are required to be curbed and have a minimum size of 100 square
feet, with islands 200 square feet or greater receiving a maximum of two credits per island.
• Financial security for the required landscaping is 115% of the landscaping value, and is
collected after the landscaping is installed. It is held in full by the City for the first year after
planting.
. Single family residential uses require one non - ornamental tree per lot, placed in the front
yard.
A summary of the proposed amendments:
1. Requires two non - ornamental trees (preserved or installed) on all single family residential
lots, except those zoned R -1A, which would require three (requested by EDAC and PC).
2. Allow native plants to be installed in place of sod if all requirements of Sec. 10.73 of City
Code are met.
3. In addition to landscaping required for the gross building area, require one shade tree per
4,000 square feet of paved area.
4. Increase the minimum size of a landscape island to 333 square feet for a single tree, or 233
square feet per tree if space is shared with multiple trees. Currently, the minimum size for a
landscape island provides 1/3 of the rooting space required for a healthy tree. The
City's current requirements actually discourage increasing the size of these islands.
5. Reduces the minimum size of a landscaping tree from 2 caliper inches to 1.25 caliper inches
for deciduous trees, and from 6 feet to 5 feet in height for coniferous trees.
6. Allows curb cuts and other methods which promote infiltration of stormwater in parking
areas and irrigation of trees.
7. Trees preserved on the site will be given credit for up to 25% of the landscaping units
required for gross building area based on the following:
1 preserved Common Significant Tree =1 unit of new landscaping
1 preserved Exceptional Significant Tree = 2 units of new landscaping
1 preserved High Priority Tree = 4 units of new landscaping
8. Requires the same conditions of financial security as in the Tree Preservation Regulations.
• Requires 150% of the estimated cost for plant materials for the City, for a financial security.
• If a warranty is given by the landscape contractor, after installation and inspection of the
landscaping the City may:
• Reduce the financial security by 75% for commercial /industrial sites and residential
developers when a minimum two year warranty is given.
• Reduce the financial security by 100% for builders of an individual residential lot when
a minimum one year warranty is given.
• If a portion of the financial security is held, after a two year warranty period the landscaping
will be inspected by City staff and the remaining financial security will be returned if the
required plants are healthy.
9. Requires interior sidewalk connections for parking facilities having more than 100 parking
spaces. A central sidewalk through a parking lot will utilize the proposed landscape islands
to separate pedestrian and vehicular traffic allowing for a pedestrian zone through the
parking lot. Sidewalks which connect all buildings and businesses within a site allow for
pedestrians to walk from between businesses, while connecting the site to the exterior
sidewalk or trail system allows pedestrians to enter the site safely.
Relationship to Vision
A. Keep Shakopee a safe and healthy community where residents can pursue active and quality
lifestyles.
B. Positively manage the challenges and opportunities presented by growth development and
change.
Action Requested
The City Council, if it concurs, should:
1. Adopt Ordinance No. 884, An Ordinance of the City of Shakopee Amending Section 11.60,
Subdivision 8 of the Shakopee City Code, Landscape Requirements.
2. Approve the Official Summary of Ordinance No. 884 and approve the publication of Ordinance
No. 884 by the Official Summary.
Attachments: Proposed Ordinance No 884
Official Summary of Ordinance No. 884
Current Landscaping Requirements
ORDINANCE NO. 884
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SHAKOPEE CITY
CODE SECTION 11.60, SUBDIVISION 8 REGARDING
LANDSCAPING REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. Section 11.60, Subdivision 8 of the Shakopee City Code is deleted in its entirety and
replaced with the following:
Subd. 8. Landscaping Requirements. Landscaping shall be required in all residential, commercial, and
industrial zones.
A. Definitions:
Interior sidewalk connection is a sidewalk or trail network which is within a development project
to connect multiple businesses, or parking facilities to primary entrances or privately owned open
space areas.
Exterior sidewalk connection is a sidewalk or trail which connects the interior sidewalk or trail
network to a required or existing public sidewalk or trail.
Sidewalk is a finished hard surface with a width of at least 5 feet.
Trail is a finished hard surface or a firm and stable natural surfacing material with a width of at
least 8 feet.
Gross floor area is referring to the total floor area for every floor inside the building envelope,
including the external walls, and excluding the roof.
B. For all single - family residential uses in the R -1A, R -1 B, R -1 C, R -2 and Planned Residential
District, the following landscaping materials shall be provided prior to the issuance of a final
certificate of occupancy; 1) placement of at least 6 inches of topsoil meeting requirements set in
N. of this Subdivision, 2) each lot shall have a minimum of two non - ornamental trees (planted or
preserved), in the front yard. In R -1A three non - ornamental trees (planted or preserved) must be
placed in the front yard. If trees cannot be placed in the front yard due to easements or spacing,
trees shall be placed in the rear yard, 3) sod shall be placed in the front yard, and 4) the side
yards and rear yard shall be seeded. Native plants may be substituted for sod or seeding as long
as they meet the requirements set in Section 10.73 of City Code.
C. For all residential uses containing 6 or more dwellings, and for all business and industrial uses, at
least 15% of the lot area shall be landscaped. The landscaping shall be concentrated between
the principal structure and any adjacent street right -of -way or other areas of the lot which are
visible from a street.
D. A minimum of 3 units, as defined below, of landscaping shall be required for each 1,000 square
feet of gross floor area up to 10,000 square feet. An additional 2 units of landscaping shall be
required for each 1,000 square feet of gross floor area over 10,000 and up to 50,000 square feet.
An additional unit of landscaping shall be required for each 1,000 square feet of gross floor area
over 50,000 and up to 100,000 square feet. An additional 1 unit of landscaping shall be required
for each 1,500 square feet of gross floor area over 100,000. When calculating the required
landscaping, square feet shall be rounded up to the nearest 1,000.
E. In addition to landscaping units required for gross building area, for projects with paved areas
which exceed 4,000 square feet, one shade tree shall be required for each 4,000 square feet of
paved area. The tree must be placed within 10 feet of the paved area. When calculating the
required landscaping, square feet shall be rounded up to the nearest 1,000 square feet and
pervious pavement shall be excluded.
F. A portion of the required landscaping shall be placed in a parking facility containing more than 50
parking spaces in accordance with the following minimum landscaping requirements:
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1. At least 1 deciduous shade tree shall be planted within the boundaries of a parking facility for
every 4,000 square feet of paved area in a parking facility. (Ord. 487, July 10, 1997)
2. Landscape islands shall meet the following requirements:
a. Contain at least 1 shade tree.
b. Provide the appropriate available rooting space listed in I. of this Subdivision.
c. A minimum of 10 feet wide.
d. Curbed around all outside corners /radius of end caps and extend10 feet from the
corner /end of the radius.
e. Concrete ribbon curbing must be provided on any paved edge which is not curbed.
f. Curb cuts in landscaping islands are encouraged to allow for stormwater infiltration
and irrigation of trees.
Sample dimensions for a typical landscape island:
10 feet x 34 feet -1 tree
10 feet x 70 feet -3 trees
15 feet x 47 feet -3 trees
3. A barrier shall be provided at the closed end of the parking stall to prevent vehicles from
entering landscape islands or encroaching onto sidewalks, rights -of -way or adjacent property.
Non - permanent and asphalt curbing will not meet this requirement.
Gross Floor Area
Parking Area
= Paved Area
Total landscaping required = required landscaping units for Gross Floor Area + required trees for Paved Area
Number of trees needed to be placed within the Parking Area = Parking Area /4000 square feet
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H. Landscaping materials must meet the following minimum size requirements:
1. deciduous trees
2. coniferous trees
3. shrubbery
4. native plants
1.25 inch caliper
5 feet in height
5 gallons
800 square feet
Each of the above shall constitute 1 unit of landscaping. Not more than 50% of the landscaping
units required by this Section shall be composed of shrubbery.
I. Required trees shall be provided a minimum of 1,000 cubic feet of available rooting space for a
single tree or 700 cubic feet per tree if space is shared with multiple trees. Available rooting
space shall not be calculated as deeper than 3 vertical feet or using soils compacted beyond 80%
of Standard Proctor.
J. Landscaping trees shall not be any species presently under disease or insect epidemics,
considered invasive, or a species that composes a high percentage of the City's urban forest
without prior written approval from the City. Recommended species can be found in the City's
Forestry Specification Manual.
K. If there are >_30 trees are required, they shall be composed of no more than 10% of one species,
20% of one genus, and 30% of one family. If <30 trees are required, one species shall make up
no more than %4 of the total and meet the requirements set in the City's Forestry Specifications
Manual.
L. If healthy landscaping of acceptable species and location exists on a site prior to development
and is preserved, the City's Natural Resources staff or another position identified by the Zoning
Administrator may allow credit for such landscaping to meet up to 25% of the requirements for
gross building area only, of this subdivision. Credit may be given based on the following
(definitions found in Subdivision 9. of this Section):
1 preserved Common Significant Tree =1 unit of new landscaping
1 preserved Exceptional Significant Tree = 2 units of new landscaping
1 preserved High Priority Tree = 4 units of new landscaping
M. In Commercial and Industrial zones (B -1, B -2, BP, MR, PRD, 1 -1, 1 -2) the pedestrian sidewalk
system shall meet the following standards:
In developments with multiple businesses, sidewalk connections are required between each
business.
Interior sidewalk connections shall be required for all parking facilities which have more than
100 parking spaces.
a. A raised island shall be provided to separate pedestrian traffic and vehicular traffic.
i. Pedestrian islands which are adjacent to handicapped (ADA compliant)
parking shall provide ADA compliant pedestrian ramps or be at the same
elevation as the parking and loading area.
ii. The pedestrian island shall be screened with vegetation in accordance with
the requirements for landscape islands.
b. A sidewalk connection must provide pedestrian access spanning in a straight line
from the business /building to the furthest row of parking within a parking facility.
3. An exterior sidewalk connection is required for all sites which have existing and /or required
public sidewalks, adjacent trails, parks, or greenways.
4. Where sidewalks cross drive aisles, sidewalks /crossing areas shall be clearly designated by
striping or differentiated paving material.
N. Topsoil in landscaped areas shall be at least 6 inches in depth and a sandy loam, silt loam, loam,
or sandy clay consisting of no more than 65% sand, 1.5 -10% organic matter, a pH of 4.5 -6.8,
soluble salts less than 2 mmhos /cm, free of chemical contaminants, and not compacted beyond
80% of Standard Proctor. Subsoil shall be scarified before topsoil is spread. Soil shall be
generally free of debris such as large rocks and fragments of wood.
O. The City shall require submission of a financial security in form of a cash deposit, a letter of credit
or escrow, in favor of the City, in the amount of 150 percent of the total tree /shrub replacement
estimate, which is found in the fee schedule.
(Number of trees /shrubs required x tree /shrub replacement estimate x 150 % = financial security
due.)
The financial security shall be collected at the time of building permit issuance if no
Replacement Trees are required per Subdivision 9. of this Section. If Replacement Trees are
required on the site, the financial security shall be collected before the grading permit is
issued.
2. All required landscaping plants must be warranted to guarantee survival. The warranty period
shall begin upon inspection and acceptance by City staff of the installed plants for proper
planting, size, species, health, and location. If at any time during the warranty period the
plants are found to be unhealthy by City staff they are required to be replaced with the same
size and species by the applicant at the soonest appropriate planting time.
a. For commercial /industrial sites and residential developers, up to 75% of the financial
security may be returned upon inspection and acceptance by the City of installed
plants and upon the submittal of a City approved two year warranty from the
landscape contractor who installed the plants. This warranty must cover plant health
issues relating to excess or insufficient water. The remaining financial security will be
held by the City for two years.
i. When reducing the financial security, 75% will be returned unless City staff
feels the trees have a heightened risk of failure.
b. For builders of individual residential lots in a subdivision who receive a one year
warranty from the landscape contractor who installed the plants, up to 100% of the
financial security may be returned upon:
i. Inspection and acceptance of installed plants by the City; and
ii. Providing the lot buyer with the copy of the one year warranty from the
landscape contractor and contact information to make a claim on the
warranty.
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If the financial security has not been returned in full after the inspection of the installed trees,
at the end of a two year warranty period the Applicant shall schedule a final inspection with
City staff. Prior to the inspection, the Applicant shall confirm the following conditions are met:
a. All trees have one dominate leader, are free of deadwood, and injured branches;
b. All tree wrap is removed;
c. All stakes and wires are removed; and
d. Plants are in leaf.
At the time of final inspection the City shall decide to:
a. Refund the financial security in full; or
b. Require the installation of new plants to replace what did not survive or are declared
unhealthy by City staff. If 25% or more of the plants are required to be replaced, the
appropriate amount of financial security may be held for an additional two years for
said plants.
4. The financial security will be used by the City only if the applicant does not install the plants
required in this subdivision.
Section 2 — Effective Date. This ordinance becomes effective from and after its passage and publication.
Passed in regular session of the City Council of the City of Shakopee, Minnesota held this
day of , 2014.
Attest:
City Clerk
5
Mayor of the City of Shakopee
Official Summary of Ordinance No. 884
The following is the official summary of Ordinance No. 884
Approved by the City Council of the City of Shakopee, Minnesota on April 15, 2014
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SHAKOPEE CITY CODE
SECTION 11.60, SUBDIVISION 8 REGARDING
LANDSCAPING REQUIREMENTS
1. The ordinance amends the City Code to by replacing the landscaping regulations in Section
11.60, Subdivision 8 with new regulations.
2. The ordinance requires two non - ornamental trees (preserved or installed) on all single family
residential lots, except those zoned R -lA which would require three. .
3. The ordinance allows native plants to be installed in place of sod if requirements in Sec. 10.73 of
City Code are met.
4. The ordinance factors all impervious surfaces into the calculation which determines landscaping
requirements.
5. The ordinance increases the minimum size of a landscape island to 333 square feet for a single
tree, or 233 square feet per tree if space is shared with multiple trees.
6. The ordinance lowers the minimum size of a landscaping tree from 2 caliper inches to 1.25
caliper inches for deciduous trees and from 6 feet to 5 feet in height for coniferous trees.
7. The ordinance allows curb cuts and other methods which provide infiltration of stormwater in
parking areas and irrigation of trees.
8. The trees preserved on the site will be given credit for up to 25% of the landscaping units
required for gross building area based on the following:
1 preserved Common Significant Tree = 1 unit of new landscaping
1 preserved Exceptional Significant Tree = 2 units of new landscaping
1 preserved High Priority Tree = 4 units of new landscaping
9. The ordinance aligns the landscaping financial security with those in the Tree Preservation
Regulations.
10. The ordinance requires interior sidewalk connections for parking facilities having more than 100
parking spaces.
A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk
and at the Shakopee Library.
§ 11.60
Subd. 8. Landscaping Requirements. Landscaping shall be required in all multiple - family
residential, business, and industry zones in accordance with the following:.
A. For all single - family residential uses in the R1 -A, R -16, RAC, and Planned
Residential District, the following landscaping materials shall be provided prior to
the issuance of a final certificate of occupancy; 1) placement of at least six (6)
inches of topsoil consistent with the MNDOT topsoil borrow requirements,
excluding alluvial deposits, 2) one (1) overstory/shade deciduous tree or coniferous
tree meeting the size requirements of Section 11.60, Subdivision 8.D. shall be
- planted in the front yard, 3) sod shall be placed in the front yard, and 4) the side
yards and rear yard shall be seeded. (Added, Ord. 582, November 30, 2000;
Amended, Ord. 725, February 24, 2005)
B. For all residential uses containing six (6) or more dwellings, and for all business
and industrial uses, at least 15% of the lot shall be landscaped. The landscaping
shall be concentrated between the principal structure and any adjacent street right -
of -way or other areas of the lot which are visible from a street.
C. A minimum of three (3) units, as defined below, of landscaping shall be required for
each 1,000 square feet or fraction thereof of gross building area up to 10,000
square feet. An additional two (2) units of landscaping shall be required for each
1,000 square feet or fraction thereof of gross building area over 10,000 and up to
50,000 square feet. An additional unit of landscaping shall be required for each
1,000 square feet or fraction thereof of gross building area over 50,000 and up to
100,000 square feet. An additional one (1) unit of landscaping shall be required for
each 1,500 square feet or fraction thereof of gross building area over 100,000.
D. Landscaping materials must meet the following minimum size requirements:
1. overstory deciduous trees 2 inch diameter
2. ornamental trees 1 -1/2 inch diameter
coniferous trees 6 feet
4. shrubbery 5 gallons
Each of the above shall constitute one (1) unit of landscaping. Not more than 50%
of the landscaping units required by this Section shall be composed of shrubbery.
E. A portion of the landscaping shall be placed in a business parking facility
containing more than fifty (50) parking spaces, in accordance with the following
minimum landscaping requirements:
1. At least one (1) landscape. island with a minimum width of nine (9) feet and
a minimum area of 100 square feet shall be constructed for every 4,000
square feet of paved area in a parking facility. Landscape islands with an
area of 200 square feet or more shall be treated as two (2) islands for
purposes of this provision. Entrances to a parking facility and loading
areas shall not be included in the calculation of paved area in a parking
facility. (Ord. 487, July 10, 1997)
page revised in 2009
1343
§ 11.60
2. Landscape islands shall contain at, least one (1) overstory deciduous tree
of a minimum two (2) inch diameter trunk at the time of planting.
3. Landscape islands shall be curbed and of sufficient size to allow the
healthy growth of the chosen tree species. The island shall be at least
nine (9) feet wide and at least 100 square feet in area.
4. Landscaping provided in parking facilities may be used to meet the
landscaping requirements:
F. If healthy landscaping of acceptable species exists on a site prior to development,
the Zoning Administrator may allow credit for such landscaping in -meeting the
requirements of this subdivision, if it is left in good condition. One (1) unit of
mature existing landscaping may be credited as two (2) units of new landscaping.
Each existing mature hardwood tree may be credited as three (3) units.
G. All landscaping shall be properly maintained and any dead or diseased material
shall be removed and replaced with material meeting the requirements of this
Section. The City shall require submission of a landscaping bond in an amount
equal to 115% of the value of the landscaping to ensure compliance with this
Section during the first year after planting.
Subd. 9. Tree Management Regulations. The following requirements and standards shall apply
to any Development on any parcel of land containing a Tree and for which a preliminary plat, minor
subdivision, building permit, or grading permit, conditional. use permit, variance, fence permit, or
grading permit is required. (Amended, Ord. 656, March 27, 2003; Ord. 791, April 17, 2008)
A. Definitions.
"Applicant" means any person proposing a Development.
"Caliper Inch" means the measurement of a tree trunk measured at six (6) inches
above the root ball or according to the method of caliper measurement of a tree
trunk as stated by the most recent American Standard for Nursery Stock by the
American Nursery & Landscape Association. (Added, Ord. 791, April 17, 2008)
"Development" means any activity for which a preliminary plat, minor subdivision,
building permit, conditional use permit, variance, fence permit or grading permit is
required on land containing a Tree. (Amended, Ord. 791, April 17, 2008)
"Diameter at Breast Height ", or "DBH ", means the length of a straight line
through the trunk of a tree (in inches) measured at fifty -four (54) inches above the
ground from the uphill side of the Tree. (Amended, Ord. 791, April 17, 2008)
"Dormant Season" means the time between leaf drop in the fall and early spring
before budbreak. (Added, Ord. 791, April 17, 2008)
"Dripline" means an imaginary vertical line that extends from the outermost
branches of a Tree's canopy to the ground. (Added, Ord. 791, April 17,'2008)
page revised in 2009
1344