Loading...
5 Amend Landscaping/TreeRemovalCITYOF G0, Cemer Drive, PO Box 147 7~anhasse,, Min,esota 55317 Phone 612.937. I900 C, eneral Fax 612. 937.5739 .lgi,eeri~g ?ax 612.937.9152 ,b/lc $~fi'q Fax 612.934.2524 ww~:ci, cha,hasse,.m,.~s MEMORANDUM TO: FROM: DATE: SUB J: Scott Botcher, City Manager Jill Sinclair, Environmental Resources Specialist August 3, 2000 Proposed Buffer Yard Ordinance Revision UPDATE The Planning Commission reviewed and approved the revised Buffer Yard Ordinance with the noted changes at the June 20, 2000 meeting. Previously, at the February 2, 2000 work session, the Planning Commission had reviewed the Buffer Yard Ordinance and made suggested revisions. On July 24. 2000, the City Council reviewed the proposed revisions to the Buffer Yard Ordinance. Councilman Senn requested further exploration into the increased requirements for buffers along public property. Staff has included a visual representation of the required plant materials at the rate required by the current code (75%) and that of the recommended increase (100%). BACKGROUND In 1996, the city adopted the buffer yard ordinance as a way to effectively transition different land uses. It has been applied to every development since that time with good results. However, there have been recurring questions from developers, staff and officials prompting staff to propose clarifications and changes to the ordinance in order to clear up any confusion. There are five issues that come up frequently and should be addressed: · How is the "plant unit multiplier" used? · According to the ordinance, a developer is only responsible for planting 75% of the total number of plants required. Are there situations in which a developer should be responsible for 100% of the plantings? · Can berms be substituted for shrubs or trees? · Can required boulevard trees or reforestation plantings be counted as buffer yard plant units? · Why can't evergreens be counted as overstory trees? e City ofChanhasse,. A ~,rowi,~ comm,nit~, with clean/,kes, atta/i~, schools, a cha,,i,¢ downtown, thriving busi,esses, a,d bemaihd oarks. A great i~lace to live. work. a,d ola~. City Council August 3, 2000 Page 2 ANALYSIS OF PROPOSED ORDINANCE AMENDMENTS Staff has prepared a strike through and bold format to show proposed changes to the ordinance. In addition, comments on the proposed changes are provided after each section. Article XXV. Landscaping and Tree Removal Section 20-1176 (f) (2) (c) Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plant units required per 100 linear feet of buffer yard. Each illustration depicts the minimum buffer yard required between two uses or adjacent to a collector or arterial r~u ....... ~,, e ........ : ............................................................... > . The project developer shall be responsible for providing 75 percent of the required plantings. If abutting property owner(s) desire to bring the buffering to 100 percent of the required buffer yard plantings, then the adjacent property owner(s) may install the remaining 25 percent of the required plantings on their own property. When the parcel abuts public properS, such as roads or parks, the developer shall be responsible for 100% of the required plantings. The proposed amendment deletes any mention of the plant unit multiplier. In the pictorial buffer yard descriptions, the number of required trees and shrubs for each width are clearly depicted and can be easily counted with no need for the plant unit multiplier calculations, which seem to contuse the project developers. · Buffer plantings along roads and parks should be 100% of the total required. Along roads there is no room for the city, county or state to complete the remaining 25% of the plantings. Additionally, in parks there may be many reasons why additional plantings on public property aren't feasible. · A commissioner recommended that the last line of the section should read "...the developer shall increase the required number of plantings by 33%." The Commission should decide which ending is more user-friendly and clearly represents the intent of the condition. Section 20-1176 (f) (3) Plant material existing on a parcel which meets the buffer yard planting requirements of location, size and species may be counted toward the total buffer yard plant material requirement. Existing natural features such as slopes, woodlands or wetlands which provide physical separation between developments or between a development and a collector and arterial road may satisfy the buffering function of the required buffer yard. ~ .... a ..,:a+,: ....... ,: .... :a c.., ..... Proposed berms 3 feet and higher in the buffer yard may be substituted for up to one-half (%) of the required understory trees and shrubs, depending on the length of the berm. For instance, if a berm runs the entire length of the buffer yard, the understory and shrub plantings may be reduced by one-half. Amy- City Council August 3, 2000 Page 3 ~ ..... c -~.~;..o If there is insufficient room for aHplantings, the applicant may choose to either Rlant excess materials on Rublic RroperO, or employ a landxcape density transfer. · In any given area between a collector road and a parking lot, a project developer is required to install landscaping for parking lots, boulevard trees and buffer yard plantings. It can be a cumbersome design trying to fit in all the different requirements in a limited space. a. Staff recommends that these layers be allowed to overlap; i.e. overstory buffer yard plantings could be counted towards boulevard trees requirements. b. Planning Commissioners recommended that all plantings be required. Excess plantings should be put on public property or a landscape density transfer should be used. 'I,andscape density transfer' will need to be defined. · The proposed amendment allows berms to be substituted for understory and shrub plant materials. In some situations, a berm and plantings may be more effective than plant materials alone. Section 20-1176 (t) (6) Canopy trees are defined as those trees specified as primary or secondary deciduous trecs or conifers in the city's subdivision ordinance. Conifers to be used as overstory trees shall have a minimum height of 8 feet when planted. Arborvitae shall not be used as att overstory tree. Section 20-1176 (t) (7) Understory trees are defined as those trees specified as ornamental or conifer trees in the city's subdivision ordinance. Conifers to be used as understory trees shall have a minimum height of 6feet when planted. The proposed amendments include conifers as overstory or lo?der,s'lo~T trees. All evergreens in the city's approved tree list, with the exception of the arborvitae, reach at least 40 fcet in height at maturity. Staff recommends the arborvitae continue to be classified as an understory tree. STAFF RECOMMENDATION Staff recommends the City Council recommend approval of Buffer Yard Ordinance Amendments to Section 20-1176. Buffer Yard Requirements by adding the language that appears in bold and deleting the language noted by a strike-through: Section 20-1176 (f) (2) (c) Buffer yard requirements are stated in terms of the width of the butler yard and the number of plant units required per 100 linear feet of buffer yard. Each illustration depicts the minimum buffer yard required between two uses or adjacent to a collector or arterial City Council August 3, 2000 Page 4 requ re r a ~, ........... j .........................................................~,~,~ : .... The project developer shall be responsible for providing 75 percent of the required plantings. If abutting property owner(s) desire to bring the buffering to 100 percent of the required buffer yard plantings, then the adjacent property owner(s) may install the remaining 25 percent of the required plantings on their own property. When the parcel abuts public property, such as roads or parks, the developer shall be responsible for 100% of the required plantings. Section 20-1176 (f) (3) Plant material existing on a parcel which meets the buffer yard planting requirements of location, size and species may be counted toward the total buffer yard plant material requirement. Existing natural features such as slopes, woodlands or wetlands which provide physical separation between developments or between a development and a collector and arterial road may satisfy the buffering function of the required buffer yard. ~ .... a width; ....... ,; .... ;a c~, ..... If approved by the City, proposed berms 3 feet and higher in the buffer yard may be substituted for up to one-half (¼) of the required understory trees and shrubs, depending on the length of the berm. For instance, if a berm runs the entire length of the buffer yard, the understory and shrub plantings may be reduced by one-half. Any boulevard trees or reforestation plantings required in the buffer yard can be counted towards required overstory buffer yard plantings if there is insufficient room for both types of plantings. Section 20-1176 (f) (6) Canopy trees are defined as those trees specified as primary or secondary deciduous trees or conifers in the city's subdivision ordinance. Conifers to be used as overstory trees shall have a minimum height of 8 feet when planted. Arborvitae shall not be used as an overstory tree. Section 20-1176 (f) (7) Understory trees are defined as those trees specified as ornamental or conifer trees in the city's subdivision ordinance. Conifers to be used as understory trees shall have a minimum height of 6 feet when planted. ATTACHMENT Buffer Yard Comparison Drawing. Proposed ordinance. Summary ordinance for publication. g:\plan\js\buffer ord rev ce.doc Landscape buffer yard 75% Buffer vs. 100% Buffer Commercial Property abutting public right-of way 2 overtly 4 Lrde~%to~ 6 st-mubs 7~ ovez~tory ~nde~st~ shrubs CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE ZONING ORDINANCE The City Council of the City of Chanhassen ordains: Section 1. Article XXV. Landscaping and Tree Removal, Division 1, Generally, Section 20- 1176. Intent, scope and compliance, is hereby amended by replacing and adding the language as tbllows: (f) (2) (c) Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plant units required per 100 linear feet of buffer yard. Each illustration depicts the minimum buffer yard required between two uses or adjacent to a collector or arterial right-of- way. The project developer shall be responsible for providing 75 percent of the required plantings. If abutting property owner(s) desire to bring the buffering to 100 percent of the required buffer yard plantings, then the adjacent property owner(s) may install the remaining 25 percent of the required plantings on their own property. When the parcel abuts public property, such as roads or parks, the developer shall be responsible for 100% of the required plantings. (0 (3) Plant material existing on a parcel which meets the buffer yard planting requirements of location, size and species may be counted toward the total buffer yard plant material requirement. Existing natural features such as slopes, woodlands or wetlands which provide physical separation between developments or between a development and a collector and arterial road may satisfy the buffering function of the required buffer yard. If approved by the City, proposed berms 3 feet and higher in the buffer yard may be substituted for up to one-half (½) of the required understory trees and shrubs, depending on the length of the berm. For instance, if a berm runs the entire length of the buffer yard, the understory and shrub plantings may be reduced by one-half. Any boulevard trees or reforestation plantings required in the buffer yard can be counted towards required overstory burl'er yard plantings if there is insufficient room for both types of plantings. (f) (6) Canopy trees are defined as those trees specified as primary or secondary deciduous trees or conifers in the city's subdivision ordinance. Conifers to be used as overstory trees shall have a minimum height of 8 feet when planted. Arborvitae shall not be used as an overstory tree. (f) (7) Understory trees are defined as those trees specified as ornamental or conifer trees in the city's subdivision ordinance. Conifers to be used as understory trees shall have a minimum height of 6 feet when planted. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 2000. of ATTEST: Scott A. Botcher. City Manager Nancy K. Mancino. Mayor (Published in the Chanhassen Villager on .2000) SUMMARY ORDINANCE NO. BUFFER YARD ORDINANCE AMENDMENT The purpose of this ordinance amendment is to clarify several landscaping requirements including definitions of overstory and understory plantings, increased landscaping along public property, allowing boulevard trees to be counted as buffer yard plantings, and allowing berms to be substituted for up to one-half of the required understory and shrub plantings. Passed and adopted by the City Council this __ day of ,2000. Scott A. Botcher City Manager (Published in the Chanhassen Villager on __ day of ,2000.)