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HomeMy WebLinkAbout14.E. Text Amendment Regarding Landscaping Requirements-Ord. No. 725 I y.e. CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City,Administrator From: MarkThemig, Parks, Recreation, & Facilities Director Meeting Date: February 15, 2005 Subject: Landscaping Requirements Text Amendment INTRODUCTION City Council is asked to adopt Ordinance No. 725, an ordinance approving the text amendment modifying City Code Sec. 11.60, Landscaping Requirements. BACKGROUND In 2003, the EnvironmentalAdvisory Committee recommended a text amendment to the Planning Commission and City Council to raise the topsoil requirements from 4" to 6". The increase in topsoil would be an ecologically beneficial in that it would improve conditions for establishing and maintaining turf and require less watering. The recommendation was unanimously recommended for approval by the Planning Commission at their October 23,,2003 meeting, with a condition that the definition of topsoil based on MNDOT specifications be added to the text, and that this definition be reviewed by the Environmental Advisory Committee before moving on to City Council. The Environmental Advisory Committee reviewed the definition at their December 10, 2003 meeting, made one modification, and unanimously recommended approval to City Council. Based on the information in the file and meeting minutes, the proposed text amendment was scheduled to be presented to City Council on January 6, 2004. However, Mr. McQuillan pulled the item from the agenda due to questions about enforcing the ordinance, The Environmental Advisory Committee questioned the status of the text amendment at their December 2004 meeting. Since I wasn't involved in the discussion last year, I researched the files and meeting minutes and found that it was never brought forward to City Council by Mr. McQuillan. DISCUSSION The proposed. text amendmentwould require 6" of topsoil as part of the landscaping for for all single,..family residential uses in the R1-A, R-1 B, R-1 C, and Planned Residential District. This would be beneficial for establishing and maintaining turf, as well as reducing water use through irrigation. Since this text amendment was proposed in 2003, the city has adopted new design standards for Chapter 12 of the City Code. These design standards require 6" of topsoil at the subdivision level. However, according to Mr. Thomson, the 6" of top soil does not apply to the building permit level, which is covered by Chapter 11.. What this means is that even though a developer may provide 6" of topsoil for a subdivision, the builder, who as part of their excavation and regrading may be removing some of the. topsoil, isoi'lly required to have 4" of top soil in place in order to receive an occupancy permit. The Environmental Advisory Committee's has asked that I stress that this recommendation would require the builder to ensure the 6" of topsoil are in place prior to issuing the occupancy permit, and the builder would ultimately assume responsibility for any future issues. REQUESTED ACTION Move to approve Ordinance No. 725, an ordinance approving the text amendment modifying City Code Sec. 11.60, Landscaping Requirements. ORDINANCE NO. 725, FOURTH SERIES Sect'1-ThatCity Code Chapter 11, Section 11.60 Subd. 8 LANDSCAPING REQUIREMENTS is hereby amended bv adding the language which is underlined, and deleting the language that is struck through. Subd. 8. Landscaping Reauirements. Landscaping shall be required in all multiple- family residential, business, and industry zones in accordance with the following: A. For all single-familyresidential uses in the R1-A, R-1B, R-1C, 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 four (4) six (6) inches oftopsoil consistent with the MNDOT topsoil borrow, reauirements. excluding alluvial deposits, 2) one (1) overstorylshade deciduous tree or coniferous tree meeting the size requirements of Section 11.60, Subdivision 8.0.' 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) 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. 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 builqing 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 3. 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) 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. Section 2 - Effective Date. This ordinance becomes effective from and after its Dassaae and Dublication. AdoDted in session of the City Council of the City of Shakopee. Minnesota held the day of .2005. Mavor of the City of Shako Dee ATTEST: Citv Clerk Published in the ShakoDee Valley News on the day of .2005.