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HomeMy WebLinkAbout2020-10-26 PACKET 06.4. STAFF REPORT CASE: TA2020-043 ITEM: 6.4 PUBLIC MEETING DATE: 10/26/20 TENTATIVE COUNCIL REVIEW DATE: 11/18/20 APPLICATION APPLICANT: City of Cottage Grove REQUEST: A zoning text amendment to repeal City Code Title 11-6-5, Landscaping Requirements, and replace it with a revised section, and repeal City Code Title 10-5-3(I), Street Trees, and include it in the landscaping section of the City Code. SITE DATA LOCATION: N/A ZONING: N/A GUIDED LAND USE: N/A LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: EAST: SOUTH: N/A WEST: SIZE: N/A DENSITY: N/A RECOMMENDATION Approval. COTTAGE GROVE PLANNING DIVISION Planning Staff Contact: Emily Schmitz, Senior Planner; eschmitz@cottagegrovemn.gov Application Accepted: N/A 60-Day Review Deadline: N/A City of Cottage Grove Planning Division  12800 Ravine Parkway South  Cottage Grove, MN 55016 Planning Staff Report Landscape Standards Planning Case No. TA2020-043 October 26, 2020 Proposal The City’s current zoning standards related to landscaping and street trees are included in two separate sections of the Code: Street Trees, Title 10-5-3 (I), and Landscape Requirements, Title 11-6-5. In an effort to combine all required landscape standards for development (residen- tial, commercial, and industrial), the proposed amendment provides for the combination of requirements as well as clarifies minimum landscape standards within all development types. The request will repeal City Code Title 11-6-5, Landscape Requirements, and enact a new landscape section. Background Initial landscape requirements in City Code Title 11-6-5 were approved in 1995, providing a landscape ordinance for all zoning districts. The ordinance has since had minor amendments with the most recent in 2019. The amended ordinance in 2019 was a minor adjustment to pro- vide clarification but did not consolidate or provide clear landscape minimum requirements. Discussion The current landscape section of the Code provides general landscape standards for devel- opments as well as provides a calculation for the minimum amount of landscape plantings required for each development type. Street or boulevard trees are also required as a part of development, but these current standards are located within the subdivision ordinance as opposed to the landscape section of the Code. The proposed amendment combines the street tree standards into the landscape section to clarify all required landscape standards for each type of development into one section. The City has not seen development of townhouse or apartment products until recently, so those specific landscape standards have not been utilized in some time. With the recent de- velopment of several different housing types (single-family, townhomes, and apartment buildings), it has been made clear the current ordinance does not provide clear minimum re- quirements for townhome or apartment developments. The intent of the proposed amendment is to provide clear direction for staff as well as developers as to what the minimum amount of landscaping required is for each type of development. The proposed amendment slightly adjusts the total number of plantings required for each type of development aside from single- family projects. The current code requires a large amount of overstory and coniferous trees for townhome and multi-family developments; therefore, the proposed standard would require a reasonable number of trees for such developments while maintaining well landscaped projects and development within the community. Planning Commission Staff Report – Landscape Ordinance Amendment Planning Case No. TA2020-043 October 26, 2020 Page 2 of 4 The proposed ordinance combines the street tree section of the subdivision ordinance and creates clear minimum landscape calculations. Below is a comparison of the minimum land- scaping required for recently approved projects and the minimum landscaping required with the proposed ordinance. Single-Family Standards The minimum landscaping required for single family developments is not proposed to be ad- justed. The street tree requirement from the subdivision ordinance has been combined into the landscape ordinance section for clarification. The minimum standard for single-family devel- opment includes:  One boulevard tree per single-family lot; two street/boulevard trees per corner lot  Four trees and ten shrubs per single-family lot o In the current ordinance, one coniferous tree is required as a part of the required four trees. The proposed ordinance provides flexibility in swapping the coniferous tree for a deciduous tree. Townhome Standards: Woodward Ponds Woodward Ponds is a recently approved 164-unit townhome development. The required land- scape was calculated and approved as:  One coniferous tree, one ornamental tree, one street/boulevard tree, and five shrubs per unit  One overstory (deciduous) tree per 40 linear feet of site perimeter The approved landscape numbers did not align with the current required standards within the Code given the required number of plantings would have been excessive and would not have been realistic to fit on a higher density development site:  One coniferous tree, one ornamental tree, one street/boulevard tree, and five shrubs per unit  Four overstory (deciduous) tree per unit The proposed ordinance provides for a dense landscape within higher density developments while providing appropriate space for the landscape to mature and survive long term. The table below provides a comparison of the approved landscape numbers with the proposed code calculations for landscape numbers as well as if the existing code were to be used: Total: Total: Total: Total: Total: Total: Proposed Existing Proposed Existing Approved Approved OrdinanceOrdinance OrdinanceOrdinance Woodward Grove 80 Coniferous164164164 Coniferous 13 11.472 Planning Commission Staff Report – Landscape Ordinance Amendment Permitted as Not Ornamental164164164 Ornamental 12 an optionRequired Overstory Planning Case No. TA2020-043 (includes Overstory 35 37.5240 321 321820 street October 26, 2020 trees) Shrubs 433 300107 Shrubs820820820 Page 3 of 4 The proposed standard would maintain the shrub requirement and create one standard for overstory trees compared to the existing code that chooses the “whichever is greater option.” Had the current code been used, the landscaping would have required an additional 531 over- story trees, which would not have been suitable to the site in order to maintain a high level of survivability. Multiple-Family Dwelling: Grove 80 Apartments Grove 80 Apartments received approval in 2020 and is currently under construction. Given that the community has not seen a multiple-family project in some time and that this is a redevel- opment project, the project was approved as a PUD allowing for flexibility in the required land- scape numbers. The table below outlines the approved amount of landscaping compared to the proposed ordinance standards as well as the existing standards. The proposed landscape calculation would provide for well landscaped projects in the future, similar to this approved project. Summary The proposed amendment maintains the existing and enforced development landscape stand- ards and will create and maintain cleanly vegetated developments. The intention of this Planning Commission Staff Report – Landscape Ordinance Amendment Planning Case No. TA2020-043 October 26, 2020 Page 4 of 4 proposal is for all project types to have one easily enforced and understandable landscape standard. Recommendation That the Planning Commission recommends approval of the zoning text amendment repealing City Code Title 11-6-5, Landscaping Requirements; enacting Title 11-6-20, Landscaping; and amending City Code Titles 10-5-3, Streets, and 11-1-3, Definition of Required Yards. Prepared by: Emily Schmitz Senior Planner Attachment: Proposed ordinance amendment CITY OF COTTAGE GROVE, MINNESOTA ORDINANCE NO. XXXX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, REPEALING COTTAGE GROVE CITY CODE TITLE AMENDING COTTAGE GROVE CITY CODE TITLE 11, CHAPTER 6, SECTION 5, REGARDING LANDSCAPING REQUIREMENTS, AND ENACTING TITLE 11, CHAPTER 6, SECTION 20, REGARDING LANDSCAPING, AND AMENDING COTTAGE GROVE CITY CODE TITLE 10, CHAPTER 5, SECTION 3 REGARDING STREETS AND TITLE 11, CHAPTER 1, SECTION 3 REGARDING DEFINITION OF REQUIRED YARDS The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. REPEALER. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 11, Chapter 6, Section 5 is hereby repealed in its entirety. SECTION 2. ENACTMENT. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 11, Chapter 6, Section 20 shall be enacted as follows: The City Council of the City of Cottage Grove, does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Cottage Grove, Title 11, Chapter 6, Section 5 shall be amended as follows: A. Purpose: Landscaping promotes immediate and long-term public health, safety, economic stability and general welfare of the city. Landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, and reduces air and noise pollution. Uniform standards of development and maintenance of landscaping are established to promote a reasonable balance between the right of individuals to develop and maintain their property in a manner they prefer, while creating pleasant and attractive surroundings for residents to live, work, shop and recreate. B. Objectives: Required landscaped areas serve the following objectives: 1. Protect against soil erosion. 2. Reduce hazards of flooding. 3. Absorb carbon dioxide and supply oxygen. 4. Reduce the effects of noise, glare, dust and other objectionable activities. 5. Safeguard and enhance property values. 6. Promote the pleasant appearance and character of neighborhoods and cities. 7. Shade of plants promotes cooling effects. 8. Facilitate the safe movement of traffic. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 2 of 16 9. Promote quality development. 10. Promote orderly growth. 11. Provide buffering and screening between different intensities of land use. 12. Aid in water conservation and water quality protection by requiring the use of plant material native to this climate in landscaping and retention of existing natural vegetation thereby reducing the need for irrigation, pesticides, herbicides and fertilizers. C. . Landscape Plan Submittal Requirements: 1. Plan Required: a. A detailed landscape plan shall be submitted for review and approval by the planning division with the application for a building permit for a new structure, site plan approval, conditional use permit or subdivision approval. Each landscape plan shall reflect the purpose statement of this section and shall be prepared to meet the objectives and requirements. b. An applicant shall submit six (6) professionally designed, legible copies of the plan at the time of application. c. Every landscape plan submitted for a site shall be prepared by a professional landscape company, an accredited landscape technician or a landscape architect registered by the state. 2. Exemptions: Individual single- and two-family residential homesites shall be exempt from the general landscaping criteria unless it is otherwise specified in this section. 3. Design Emphasis: Design emphasis shall be placed on the following: a. Screening parking areas from view from public roadways and adjoining properties. b. Enhancing driveway entrance areas. c. Promoting the maintenance of vital sightlines of the principal use on the site. d. Mitigating the visual impacts of large areas of impervious surfaces. e. Maintaining efficient traffic and parking control. f. Reducing the amount of uninterrupted blank walls. g. Reducing the amount of contiguous hard surface areas at building entrances, along sidewalks and around other highly visible areas. = 40’) or larger. o. Adjacent land uses. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 3 of 16 p. Fringe information within a distance of one hundred fifty fee) from the project. q. Vegetation management plan for areas planted with native prairie grasses and wildflowers. r. Property identification number. D.C. General Landscape Requirements: 1. Minimum Landscape Requirements: a. The following areas of a site are required to be kept as landscaped areas: (1) Required yards:. All required yards and setback areas shall be landscaped with clustered landscaped materials. (2) Parking lot perimeters:. The area within fifteen feet (15’’) of a parking lot perimeter that lies outside of a required yard or setback area shall be landscaped with clustered landscaped materials. (3) Parking lot interiors: .Parking lots with more than twenty-five (25) parking stalls (7,500 square feet) shall contain interior landscaped islands or other landscaped traffic control or natural stormwater management features making up at least eight percent (8%) of the parking lot area in size, meeting the following specifications: (a) Islands adjacent to single vehicle perpendicular parking rows must be a minimum of five feet (5’’) wide and sixteen feet (16’’) in length; islands adjacent to double vehicle perpendicular parking rows must be a minimum of five feet (5’’) wide and thirty two feet (32’’) longin length. (b) Islands adjacent to single vehicle diagonal parking rows must be a minimum of eighty (80) square feet; islands adjacent to double vehicle diagonal parking rows must be a minimum of one hundred sixty (160) square feet. (c) Islands must be defined by concrete curbing. (d) In lieu of numerousmultiple small freestanding landscaped islands, internal landscape area requirements may be met by the placement of large linear landscaped areas that define traffic lanes and break up large hard surface expanses. (3)(4) Building perimeters:. (a) The region parallel with and adjacent to the sides of a building that faces a public street or parking lot shall be landscaped for a length equal to one-half (1/2) of that building dimension, with the landscaped region having an average depth of four feet (4’’). (b) Sites that were improved before the adoption of this sectionLegal nonconforming sites that are required to submit a landscape plan, and have difficulty providing building perimeter landscape areas because of existing site conditions, may substitute alternative landscape area designs to satisfy the requirements of this section. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 4 of 16 (4)(5) Boulevards and right-of-way easements: (a) All boulevard areas shall be sodded from the curb to the property line at the time of the completion of the site landscaping. (b) Plantings and locations of materials that are to be placed in boulevard areas shall have the approval of the city’s director of public worksPublic Works Director prior to installation. All maintenance, or replacement of landscape materials placed in the boulevards is the sole responsibility of the property owner. (c) Boulevards or other areas abutting a site that are in a dedicated public right of way or right of way easement are not included in the calculations of the total minimum required landscaping or open space of a site. (5)(6) Storage, loading and mechanical areas of a building:. (a) Landscaping must be provided around exterior storage, exterior loading, service and mechanical areas to screen the uses from view by adjacent property or streets. (b) Screening may consist of fences, walls, earth berms and landscape plantings. Fencing must be a City approved fence design. (c) Walls must be compatible with the architectural treatment of the principal structure and meet standards in 11-3-5: Fences and Walls. b. All required landscaped areas of a site shall contain landscaping. c.b. All landscaping in required landscaped areas shall be proportionately balanced with other features on the site and shall consist of a combination of three (3) or more of the following: (1) Sod; (2) Organic ground cover; (3) Shrubs; (4) Coniferous trees; (5) Ornamental trees; (6) Overstory trees; (7) Decorative rock; (8) Decorative site amenities; (9) Any other decorative landscape treatment; (10) Berms. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 5 of 16 d.c. All designated lawn yard areas of on a commercial or residential site shall be sodded. Sod is required in all developed areas; properties within rural residential or agricultural zoning districts may be seeded. e. Required landscaping materials of an industrial site may be concentrated in the front yard and other areas of public view if the side or rear yards abut a railroad right of way or a similar industrial use. f.d. Rear and side yard areas of large industrial sites that are not visible from public view and are not disturbed or graded as a part of the site development are exempt from the landscaping material placement requirements. g.e. Native prairie grasses and wildflowers may be placed only in a rear or side yard that is not adjacent to a public roadway. On sites of five (5) acres or more, the Community Development Director may approve plantings of native prairie grasses and wildflowers in front yards, or side and rear yards adjacent to a public roadway. A long-term maintenance strategy shall be provided for review and approval prior by the Community Development Director. h.f. Clustering of vegetation and landscaping materials is encouraged. i.g. Vegetation that is planted on the site shall be designed to provide a variety of colors and screening during all seasons. j.h. The use of hardy vegetation native to this climate is a priority of the landscape designer of a developing site shall be preferred. 2. Minimum Vegetation Requirements: a. Open Space: Each development must have at least the minimum percentage open space shown in the following table: MINIMUM REQUIRED OPEN SPACE All Nonresidential Uses In AG I-2, I-3, I-4 And R Districts, N-B And B-1 B-2 And P-B-3 And I-And I-5 Districts B Districts 1 Districts Districts Total 30 percent 25 percent 20 percent 15 percent development site The open space areas must not be covered by a building or other impervious surface, and must be planted with trees, shrubs, flowers, native plant species or similar plantings and covered with sod, landscape rock or mulch. Areas used for demonstrated parking cannot be used to fulfill the open space requirement. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 6 of 16 2. b. Landscaping Vegetation: The following table lists the minimum size requirements for landscaping vegetation: Vegetation Caliper/Gallons Height Ornamental tree 1.5 inch Overstory tree 2.5 inch Coniferous tree 6 feet Large shrubs Shrubs 18 36 inches Street Tree 1.75 inch Medium shrubs 24 inches Small shrubs 12 inches Evergreen shrubs 24-inch diameter Vertical evergreen shrubs 3 feet a. c. Caliper Measurements: Caliper measurements shall be taken six inches (6””) above grade for trees under four inches (4””) in diameter and twelve inches (12””) above grade for trees larger than four inches (4””). b. d. Tree Species: The tree species chosen for parking lot interior plantings shall require little maintenance and shall be able to tolerate harsh growing conditions such as sun, wind, glare, reflected heat, drought, salt and other chemicals as defined by the Minnesota Department of Transportation. D. eResidential Developments: The minimum required tree and shrub requirements for all residential developments are as follows: Multiple-Family Townhouse Dwellings And Developments (May Be Nonresidential Uses Vegetation Minimum Single-Family Placed In Private Lots In Residential Type Size Dwellings Or In Common Areas) Districts Coniferous 6 feet May be 1 per unit, but may be Minimum of 30 trees substituted for substituted on a 1 for 1 percent of required any of the basis for the overstory overstory trees must overstory deciduous trees be coniferous deciduous trees. except the street City of Cottage Grove, Minnesota Ordinance No. XXXX Page 7 of 16 tree (maximum of two) Ornamental 1.5 inch 2 may be 2 may be substituted for 1 2 may be substituted deciduous (caliper) substituted for 1 overstory (maximum for 1 overstory trees overstory tree substitution equals 25 (maximum (maximum percent of required substitution equals 50 substitution overstory trees) 1 per unit percent of required equals 25 required. 2 additional may overstory trees) percent of be substituted for 1 required overstory (maximum overstory trees) substitution equals 50 percent of required overstory trees) Overstory 1.5 inch 24 per lot, No 4 per unit or 1 per 40 2 per dwelling or 1 deciduous (caliper) less than two linear feet of site per 1,000 gross trees different species perimeter., whichever is square feet of greater building area (grade level floor) or 1 per 40 linear feet of site perimeter, whichever is greater SUnderstory 3 gallons 10 per unit 5 per unit 1 per 300 gross1 per 5 shrubs potted or square feet of 18-inch building footprint height area or 1 per 30 linear feet of site perimeter, whichever is greater Street Tree 1.75 inch 1 per adjacent 1 per unitbuilding Not required (caliper) street 1. Street Trees: a. One tree must be planted in the front yard right of way of every subdivided lot in a manner determined by the city foresterCity Forester. Street trees may be planted in the street boulevard or in the front yard of the lot as determined by the City. On corner or double fronted lots, one street tree must be planted on each side of the lot adjacent to a street. b. Each street tree shall be planted according to accepted standards of the American Association of Nurserymen. Tree pits shall be round, at least six inches (6"”) wider than the diameter of the root spread, have vertical sides, and be at the same depth as it had been grown in the nursery. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 8 of 16 c. The location, size and type or species of trees planted shall be of mixed varieties and shall be approved by the city foresterCity Forester, and shall include those with root structures unlikely to interfere with utility lines or sidewalks or otherwise cause nuisance or damage, in conformance with tTitle 7, Chapter 4 of this code. d. The minimum size of trees to be planted as street trees or right of way replacement trees 3/ shall be one and three-fourths inch (1"”) caliper, as measured by the American Association 4 of Nurserymen. e. The city foresterCity Forester shall review and approve proposed street tree locations per the approved landscape plan. The costs of materials and installation shall be charged to the developer. f. On streets having sidewalks, street trees will generally be planted between the curb and the sidewalk. 2. Residential Landscape Requirements: a. All properties adjacent to principal arterials, minor arterials, and major collectors as defined in the Comprehensive Plan, must include a buffer strip averaging seventy- five feet (75'’) wide lying outside and parallel to the road right of way. These buffer strips must provide for trees to line the property frontage along the principal arterial, minor arterial, and/or major collector at the rate of at least one tree per forty feet of linear frontage. The developer must landscape with aThe combination of trees and shrubs toshall create a minimum of fifty percent (50%) year- round opacity at maturity. Fences are prohibited within the buffer strips. These trees count toward the total number of trees required per the landscaping table of this subsection (D). b. All portions of a site that are not covered by a building, hard surface coverage or water on a permanent basis must be planted with ground cover and landscaping materials. 2.3. Ground Cover: All site areas and areas that have been disturbed during construction must be covered with sod to property lines and/or adjacent rights of way. Rock and mulch may be substituted for sod landscaping planting beds and along the perimeter of buildings. Native plant communities may be reestablished in appropriate portions ofon the site. 4. Quantity Credits: Existing qualifying trees of species not identified by the Minnesota DNR as invasive may be credited toward the required trees detailed in this section at a rate of one preserved qualifying tree to one required tree. E. Commercial/Industrial Developments 1. Minimum Vegetation Requirements for Open Space: Each development must have at least the minimum percentage open space shown in the following table: MINIMUM REQUIRED OPEN SPACE City of Cottage Grove, Minnesota Ordinance No. XXXX Page 9 of 16 All Nonresidential Uses In AG I-2, I-3, I-4 And R Districts, N-B, Mixed B-2 And P-B-3 And I-And I-5 Use, And B-1 Districts B Districts 1 Districts Districts Total gross 30 percent 25 percent 20 percent 15 percent development site The open space areas must not be covered by a building or other impervious surface, and must be planted with trees, shrubs, flowers, native plant species or similar plantings and covered with sod, landscape rock or mulch. Areas used for demonstrated parking cannot be used to fulfill the open space requirement. 2. f. Tree And Shrub Requirements: a. (1) The amount of trees required is based upon seventy percent (70%) of the required green space/open space. The calculation takes into account the ground area occupied by the trees when fully grown, and requires that approximately twenty percent (20%) of the green space area be planted with coniferous trees (using an average of 300 square feet of ground area per tree), approximately fifty percent (50%) of the green space area should be planted with overstory deciduous trees (using an average of 700 square feet of ground area per tree), and approximately five percent (5%) of the required open space shall be filled with shrubs, half large and the other half smaller shrubs. Large shrubs shall be calculated to occupy twenty- five (25) square feet and smaller shrubs, ten (10) square feet. b. (2) The number of trees and shrubs required shall be calculated by multiplying the site area by the coefficients in the following table for each landscape material: Overstory Zoning District Deciduous Coniferous Shrubs All nonresidential uses in all AG and R districts, B-1, 0.0002786 0.0002600 0.0006 Mixed Use, and N-B (site area minus stormwater basins) B-2 (site area minus stormwater basins) 0.0002321 0.0002167 0.0005 B-3 and P-B (site area minus stormwater basins) 0.0001858 0.0001733 0.0004 I (site area minus stormwater basins) 0.0001392 0.0001300 0.00039 g.Additional Landscape Requirements: (1) All properties adjacent to principal arterials, minor arterials, and major collectors as defined in the comprehensive plan, must provide for trees to line the property frontage along the principal arterial, minor arterial, and/or major collector at the rate of at least one tree per forty feet of linear frontage. These trees count toward the total number of trees required per subsection (f) of this section. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 10 of 16 (2) All portions of a site that are not covered by a building, hard surface coverage or water on a permanent basis must be planted with ground cover and landscaping materials. h. Ground Cover: All site areas and areas that have been disturbed during construction must be covered with sod to property lines and/or adjacent rights of way. Rock and mulch may be substituted for sod landscaping planting beds and along the perimeter of buildings. Native plant communities may be reestablished in appropriate portions of the site. i. Quantity Credits: Existing qualifying trees of species not identified by the Minnesota DNR as invasive may be credited toward the required trees detailed in this section at a rate of one preserved qualifying tree to one required tree. E. Landscaping Area Requirements: 1. Required Yards: All required yards and setback areas shall be landscaped with clustered landscape materials. F. G.Landscaping And Installation Standards: 1. Plant Materials: All plant material shall conform to and be installed in accordance with the most current edition of the American Standard For Nursery Stock as published by the American Association of Nurserymen, and professional horticultural standards as established by the most current edition of the Landscape Construction Reference Manual as published by the Minnesota Nursery and Landscape Association. All new trees shall be balled and burlapped for installation. 2. Species: No required overstory trees shall include the species of the genus Ulmus (elm), the species of the genus Populous (poplar), box elder or ginkgo (female only). 3. Berms: The slope of berms in sodded lawn areas shall not exceed thirty three percent (33%) (3:1). Berms planted with ground covers and shrubs may be no steeper than a four to one (4:1) ratio. Berms shall be graded to appear as smooth, rounded, naturalistic forms. Berms shall be entirely vegetated with lawn grass or ground cover. 4. Walls And Fences: a. Walls or fences shall be constructed entirely on the project property and may not exceed the height limitations of subsection 11-3-4C1c5 of this Title. b. Retaining wall materials shall be of industry accepted quality and standards so as to prevent unstable retaining walls. c. Construction techniques shall be properly followed in order to prevent unstable retaining walls. d. Retaining walls over four feet (4'’) in height must be designed by a registered architect or engineer and be reviewed and approved by the City Engineer. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 11 of 16 e. Retaining walls over thirty inches (30"”) in height that are located in pedestrian traffic areas or other areas of potential danger within thirty-six (36””) of a public way walk shall be completely fenced along the top edge with a permanent fencing material. G. H. Building Permits And Certificates Of Occupancy: 1. Financial Guarantees: No building permit shall be issued until the required landscaping plan has been submitted to and approved by the Planning Division, and a cash escrow, or irrevocable letter of credit from a banking institution, has been posted and approved by the City. The required financial guarantee shall be one hundred fifty percent (150%) of the cost of the landscaping project. Once the approved and required landscape has been installed the City shall inspect to verify completion and reduce the financial guarantee by 50%. The remaining financial guarantee shall be in effect for one year from the date of verified installation to ensure the installation, survival and replacement of the landscaping improvements. The landscaping improvements must survive one year from the date of the installation, and any plantings that do not survive shall be replaced. 2. Installation Of Landscaping: After an escrow or irrevocable letter of credit has been posted, the landscaping material required in the approved landscaping plan shall be installed within six (6) months after the date of posting the bond or irrevocable letter of credit. A one month extension of the planting period may be granted by the Community Development Director upon a demonstration by the property owner or developer that such an extension is warranted because of adverse weather conditions or unavailability of required plant materials. No more than three (3) such one month extensions may be granted. The City may draw upon any posted financial guarantee if the required landscaping improvements have not been installed by the specified completion time or any plantings that have not survived a period of one year have not been replaced. 3. Inspections: The completed landscaping shall be reviewed for acceptance by an on-site inspection by the Planning Division prior to the release of any financial guarantees. H. I. Maintenance Of Landscaped Areas: 1. General Maintenance Requirements: The landscaping shall be kept free of refuse, debris and all plants not included on the approved landscape plan. The owner and the owner'’s respective agents shall jointly and severally be responsible for the regular weeding, mowing of grass, irrigation, fertilizing, pruning, and other maintenance of all plantings as needed. Required landscaping must be maintained in a healthy, growing condition at all times. 2. Irrigation: Irrigation shall be provided for all sodded and landscaped areas. Said irrigation shall consist of an underground sprinkling system that is designed by a professional irrigation installer to meet the water requirements of the site'’s specific vegetation. The system shall be detailed on the landscape plan. Systems are permitted in the public right of way. The maintenance and repair of all private irrigation systems placed in public rights of way shall be the responsibility of the system owner. Irrigation systems that will interfere with any improvement projects in the public right of way shall upon notification be moved by the system owner prior to the project City of Cottage Grove, Minnesota Ordinance No. XXXX Page 12 of 16 commencement. Any costs incurred a as result of irrigation systems that are not removed after notification shall be the responsibility of the system owner. Irrigation systems shall be so designed and installed that they do not spray across public streets or sidewalks. 3. Inspections: City officials are authorized to periodically inspect all landscape approved by the Planning Division or to investigate complaints made by any official or private citizen. 4. Replacement: Plant materials which exhibit evidence of insects, pests, diseases or damage shall be treated when appropriate, and all dead plant material shall be removed and replaced with another living plant that complies with approved landscape plan. 5. Public Landscaping Care: The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within any public right of way or public grounds as may be necessary to ensure the proper health of the vegetation or surrounding vegetation, the general public safety or to preserve or enhance the symmetry and beauty of such public ground. I. Required Screening/Buffers: Transitional buffers are required along common property lines of different land uses (residential to business; business to industrial; or residential to industrial). The buffers shall be constructed in order to mitigate impacts that the higher intensity land use may have upon the adjoining lower intensity land use. J. Landscape Plan Submittal Requirements: Plan Required: 1. A detailed landscape plan prepared by a professional landscape company, an accredited landscape technician or a landscape architect registered by the state shall be submitted for review and approval by the planning division with theany application for a building permit for a new structure, a site plan approval, a cconditional use permit or a subdivision approval. Each landscape plan shall reflect the purpose statement of this section and shall be prepared to meet the objectives and requirements. An applicant shall submit an electronic copy professionally designed, legible copies of the plan at the time of application. Every landscape plan submitted for a site shall be prepared by a professional landscape company, an accredited landscape technician or a landscape architect registered by the state. 2. Exemptions: Individual single-family and two-family residential homesiteslots that are not combined in a multi-lot development shall be exempt from the general landscaping criteria unless it is otherwise specified in this sectionrequired by the Code. 3. Design Emphasis: Design emphasis shall be placed on the following: a. Screening parking areas from view from public roadways and adjoining properties. b. Enhancing driveway entrance areas. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 13 of 16 c. Promoting the maintenance of vital sightlines of the principal use on the site. d. Mitigating the visual impacts of large areas of impervious surfaces. e. Maintaining efficient traffic and parking control. f. Reducing the amount of uninterrupted blank walls. g. Reducing the amount of contiguous hard surface areas at building entrances, along sidewalks and around other highly visible areas. 4. Plan RequirementsDrawings: At the time of application, all of the following information shall be indicated graphically and labeled clearly on a one dimension scaled drawing at a sheet size of twenty four inches by thirty six inches (24”” x 36””), eleven inches by 17 inches (11”” x 17””) reduction, and an electronic copy for all exhibits in the plan: a. Property lines, easements, and other pertinent boundary information. b. Adjacent and intersecting street rights of way, widths, and street names. c. Existing and proposed structures, buildings, walks, drives, landscaping and parking areas (with number of spaces noted), and any other humanmade structures. Existing items shall be differentiated from proposed. d. Existing and proposed utilities and utility easements. e. Existing and proposed two-foot (2’’) contour lines. f. Corner visibility triangle areas required under subsection 11-3-5 E of this title. g. Tree inventory and preservation plan meeting the requirements of Title 11-6-19 of this code. h. Proposed plantings by location, scientific name, common name, quantity, caliper and planting method. i. Total square footage of parcel, buildings, parking lot interior, driveways, sidewalks, and required landscaped areas. j. Location, height and material of proposed screening, fencing and berms. k. Title block containing the following: date, name of project, name, address and phone numbers of owner, and the identity of the party who prepared the plan. l. Legal description. m. North arrow. n. Graphic scale of one inch equals forty feet (1”” = 40’’) or larger. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 14 of 16 o. Adjacent land uses. p. Fringe information within a distance of one hundred fifty feet (150’’) from the project. q. Vegetation management plan for areas planted with native prairie grasses and wildflowers. a.r. Property identification number. J. Alternative Compliance; Design Flexibility: The standards contained in this Section are intended to encourage development which is economically viable and environmentally satisfying. The standards are not intended to be arbitrary or to inhibit creative solutions. Project conditions may justify approval of alternative methods of compliance with the standards. SECTION 2. AMENDMENT. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 10, Chapter 5, Section 3 A. shall be amended as follows: A. General Standards: 8. Subdivisions abutting arterial roads, as defined in the comprehensive plan and located in the East Ravine planning area, must include a buffer strip averaging seventy five feet (75'’) wide lying outside and parallel to the road right of way. These buffer strips must be landscaped by the developer with a combination of trees and shrubs to create a minimum of fifty percent (50%) year round opacity at maturity. Fences are prohibited within the buffer stripsmeeting requirements in 11-6-5. SECTION 3. AMENDMENT. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 10, Chapter 5, Section 3 I. shall be amended as follows: I. Street Trees: See section 11-6-5. 1. One tree must be planted in the front yard right of way of every subdivided lot in a manner determined by the city forester. Street trees may be planted in the street boulevard or in the front yard of the lot as determined by the city. On corner or double fronted lots, one street tree must be planted on each side of the lot adjacent to a street. 2. Each street tree, including those identified in the tree replacement plan for those trees removed from the city right of way, shall be planted according to accepted standards of the American Association of Nurserymen. Tree pits shall be round, at least six inches (6") wider than the diameter of the root spread, have vertical sides, and be at the same depth as it had been grown in the nursery. 3. The location, size and type or species of trees planted shall be of mixed varieties and shall be approved by the city forester, and shall include those with root structures unlikely to interfere with utility lines or sidewalks or otherwise cause nuisance or damage, in conformance with title 7, chapter 4 of this code. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 15 of 16 4. The minimum size of trees to be planted as street trees or right of way replacement trees shall be one and three-fourths inch (13/4") caliper, as measured by the American Association of Nurserymen. 5. The city forester shall establish the location and plant each street tree in the spring and/or fall of each year. The costs of materials and installation shall be charged to the developer. 6. On streets having sidewalks, street trees will generally be planted between the curb and the sidewalk. 7. In addition to one street tree, four (4) trees and ten (10) shrubs must be installed per dwelling unit. One of the four trees must be a coniferous tree. The deciduous trees must be a minimum of one and one-half inches (11/2") trunk caliper, coniferous tree a minimum of six feet (6') in height, and shrubs must be three (3) gallon potted or a minimum of eighteen inches (18") in height. SECTION 4. AMENDMENT. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 11, Chapter 1, Section 3 shall be amended as follows: REQUIRED YARDS: The area of an existing parcel, excluding public right of way, buildings and impervious surface meeting requirements in 11-6-5 C. SECTION 5. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The City Council of the City of Cottage Grove passed Ordinance XXXX. This amendment repeals the existing Landscape ordinance and enacts an updated Landscape ordinance, in addition to amending the Street Tree Section and Definition Section. The entire text of Ordinance XXXX is available at Cottage Grove City Hall during regular business hours. These landscaping ordinance amendments align this section with the requirements of the newly revised tree preservation section, as well as reorganizes and updates the requirements. SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2020. Myron Bailey, Mayor Attest: City of Cottage Grove, Minnesota Ordinance No. XXXX Page 16 of 16 Joe Fischbach, City Clerk Published in the St Paul Pioneer Press on ________________.