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10 Amendment to Article XXV 7 City CtntrrDrive, POBox 147 FROM: :hanhassen, MinntliJt4 55317 Phone 612.937.1900 DATE: Genera1Fax 612.937.5739 ngineeringFax612.937.9152 SUBJ: ,blic Safety Fax 612.934.2524 Veb www.cÎ.chanhassen.mn.... CITY OF . CHANHASSEN ._._-~ .1() MEMORANDUM TO: Scott Botcher, City Manager Jill Sinclair, Environmental Resources Specialist July 5, 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. 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? 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. , City of ChanhillSen. A f!OWÏnt community with cban lakes, quality schook. a chmminf downtown. thrivinf b",inesses. and beautifùl parks. A ""at pia" to live. work. ond olav. Planning Commission June 14,2000 Page 2 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 right-of-way. The ¡¡IBflt lIait HllIlti¡dier is a faetar by ·.vbis ¡ the basia _ber af plaat HlBterialS reEJ:llired far a gÍ'len buffer yaFå is deteffilined in aea8ràlHlee with the seleeted width af the yaFå. 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. · 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 confuse 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 nuriìber 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 oflocation, 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. The ¡¡lant IH1Ìt Hlulti¡¡lier far the reEJ:llÍi'ed plantings sÐall be reEiHeed pre¡¡8fft8na1ly t8 the inorease ia the baffer yard 'Niàtft ina81J1Ðffiti8a said featHres. Proposed berms 3 feet and higher in the buffer yard may be substituted for up to one-hldf (11.) 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 undentory and shrub plantings may be reduced by one-half. ÂBy- boulcvard tFees or reforestation ¡¡Iantings required iB tile buffcr yaFd eRn be eounted t9l1'8rds refJuired 8veFStery 1J1IA"er yard plaRtiøg5 if there is iRs1Iffieieøt P88R1 fer heth types ofplantiRgs. lfthere is insufficient roomfor all plantings, the applicant may choose to either plant excess materials on public property or employ a landscape density transfer. Planning Commission June 14,2000 Page 3 · 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. 'Landscape 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 (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. · The proposed amendments include conifers as overstory or understory trees. All evergreens in the city's approved tree list, with the exception of the arborvitae, reach at least 40 feet in height at maturity. Staff recommends the arborvitae continue to be classified as an understory tree. STAFF RECOMMENDATION Staff recommends the Planning Commission 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 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 ¡¡¡aat lIHit Hllllti¡¡lier is a faeter by whieh the basie _ber sf plaat Hlaterials reEJ:llired far a given bllffer yard is deteæliBed in aeeeràlHl8e ,"lith the seleeted width af the yard. 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 Planning Commission June 14,2000 Page 4 required plantings on their own property. When the parcel abuts public property, such as roads or parks, the developer shall be responsible for 100% ofthe required plantings. Section 20-1176 (f) (3) Plant material existing on a parcel which meets the buffer yard planting requirements oflocation, 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. The ¡¡Iant lI}lit HlHlti¡¡lier for the Fee¡lIired ¡¡llIßtings shall be redueed ¡¡repemsnally ts the inereaÐe in the bllffor yaFå wiàtft inoslJlÐffitisn Baid featllfes. If approved by the City, proposed berms 3 feet and higher in the buffer yard may be substituted for up to one-half (11.) of the required undentory trees and shrubs, depending on the length of the berm. For instance, if a berm runs the entire length of the buffer yard, the undentory and shrub plantings may be reduced by one-half. Any boulevRrd trees or reforestation plantings required in the buffer yard can be counted towRrds 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 1. Planning Commission minutes dated June 20, 2000. g:\plan\js\buffer ord fev,doc J Planning Commission Minutes June 20, 2000 d. Submission of required application fees. Further, these applications must also submit addition data required for preliminary plat approval in a manner which will achieve preliminary plan approval by July I, 1987 unless the City Council deems to table final action on the application after July 1,1987. All voted in favor and the motion carried unanimously. Peterson: Does this go onto the Council or is this it? Aanenson: Yes. It's a code amendment. Peterson: Thank you. PUBLIC HEARING: CONSIDER AN AMENDMENT TO ARTICLE ARTICLE XXV. SECTION 20-1176. LANDSCAPING AND TREE REMOVAL TO CHANGE BUFFER YARD REOUlREMENTS FOR NEW DEVELOPMENTS. Kate Aanenson presented the staff report on this item. Peterson: Questions of staff? Sacchet: Yes Mr. Chair. This term landscape density transfer. Is that what we're expressing in the last paragraph there? It talks about landscape density transfer in the middle paragraph and it says that it needs to be defined. Did we define that? Aanenson: Oh! I guess that was one that we felt if you wanted to add some further language on that, then we would put something in there. So I thank you for pointing that out. That was a question you had. We didn't have a good response. I don't know, did you have some language? Kind: It was I think Alison that brought up the density transfer concept for landscaping and I noticed that you left it off of your recommendations because it might be difficult to quanti/)'. Aanenson: Right. Right. That was Jill's recommendation. Unless you felt strongly about it, she felt that that might be hard to administer and quanti/)', correct. Kind: I tend to agree. Burton: It does seem tough. Kind: I thought it was kind of a clever idea but. Aanenson: We're managing a lot of individual lots. Kind: Well it sort of defeats the purpose that we need a buffer for that parcel. If it's adequate buffer for that parcel, with the number of trees, then maybe we should look at our buffer ordinance. 5 Planning Commission Minutes June 20, 2000 Aanenson: Right. I guess that was our position. Kind: Right. Peterson: Other questions? Conrad: One Mr. Chair. Under the proposed berm, 3 feet and higher. Do you have the leverage? The way it's worded, can you say, can staff say I don't want the berm? I guess I'm looking for total, I don't want somebody saying I put the berm in, therefore I don't have to do that. I want you to have the leverage to say the berm counts. The berm doesn't count or cases where the berm doesn't count. Aanenson: Right. That's a good question. Lots of times it's driven by other factors such as storm water ponds. For example on that Marsh Glen plat that we looked at that's adjacent to 101. There was a pond there. We wanted more of a berm because when 101 gets widened, we think that's a better response to creating a buffer as opposed to the trees, which may not provide a screen and buffer with the amount of traffic on that. The developer in that situation, because of the pond, felt like that would be pretty onerous. We went back and forth on that one. We even talked about a fence so I think you bring up a good point. You might want to put a little bit of language that would give discretion to the staff to say the circumstance. Again, collector roads is one I can think of that certainly we want a little bit more leeway to say what's an appropriate buffer. Whether it's fencing or a berm. That's a good point. If you want to say based on staff's recommendation. Conrad: Not ours. Aanenson: Again, then that would be my situation, or if it's a density issue such as the apartment building. That would be another situation we felt like a berm actually did a little bit better job. When there's different land uses for fencing. That's a good point. Peterson: Other comments? Questions? Motion for a public hearing please? Burton moved, Conrad seconded to open the public hearing. The public hearing was opened. Peterson: This is a public hearing. Anyone wishing to address the commissioners, please come forward. Burton moved, Sacchet seconded to close the public hearing. The public hearing was closed. Peterson: Thoughts on this one fellow commissioners. Kind: I think staff did a good job of coming up with language after our work session and I definitely want to have some language in that berm section that says that staff needs to approve the use of a berm and maybe just put, proceed that whole bold face by saying if approved by staff, berms 3 feet and higher in the buffer yard may be substituted for up to Y, of the required understory trees and shrubs, depending on length of the berm. Burton: Since it's an ordinance, would it be more appropriate to say if approved by the city? Aanenson: Or recommended by staff. Yeah, if approved by the city. 6 Planning Commission Minutes June 20, 2000 Kind: If approved by the City? Aanenson: Yeah. The other circumstance I was thinking, if you're looking at sight line issues. That's a good comment. Peterson: Other comments? Entertain a motion please. Kind: Mr. Chair. I move the Planning Commission recommends approval of Buffer Yard Ordinance Amendment to Section 20-1176, Buffer Yard Requirements by adding the language that appears in bold and deleting the language noted by strike through with a change to Section 20-1 I 76(t)(3). At the beginning of the bold face, change the beginning of that sentence to read, If approved by the City, benns 3 feet and higher in the buffer yard may be substituted for up to one-half of the required understory trees and shrubs, etc. Peterson: Is there a second? Burton: Second. Peterson: It's been moved and seconded. Any further discussion? Kind moved, Burton seconded tbat tbe the Planning Commission 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 (t) (2) (c) Buffer yard requirements are stated in tenns 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. +lie- plaAt HRit HUlltil'lier is a faeter 13)' ~Nßiek tAe 13asie Ruæåer Bf J31aRt materials reflHireà far a giveR Intffer yard is dete_iRed iR aeesrdanee ",'ith the seleeted width sf the yaFd. 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. Wben tbe parcel abuts public property, sucb as roads or parks, tbe developer sball be responsible for 100% of tbe required plantings. Section 20-1176 (t) (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. The llaRt ¡¡Rit m¡¡lti llier far the reEJ¡¡ired llllotiRgS shall he reéh:teeà f'F8peFtisRally t8 the ¡RsPeRse iR t-hB tndfer yaFEI wiàtk iResFfJefatisa said feaftires. If approved by tbe City, proposed berms 3 feet and bigber in tbe buffer yard may be substituted for up to one-balf(Yz) oftbe required understory trees and sbrubs, depending on tbe lengtb oftbe berm. For instance, if a berm runs tbe entire lengtb of tbe buffer yard, tbe understory and sbrub plantings may be reduced by one-balf. Any boulevard trees or reforestation plantings required in 7 Planning Commission Minutes June 20, 2000 the huffer 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. All voted in favor and the motion carried unanimously. \ 8 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 I. 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 follows: (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. (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. If approved by the City, proposed berms 3 feet and higher in the buffer yard may be substituted for up to one-half (Y2) ofthe 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. (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 of 2000. ATTEST: Scott A. Botcher, City Manager (published in the Chanhassen Villager on Nancy K. Mancino, Mayor , 2000) . . ·