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Home My WebLink About2022-10-27 Council Work Session Agenda PacketCouncil Work Session Agenda October 27, 2022 – 5:30 pm Call to Order / Roll Call Code Ordinance Drafts* L Buffer Yard Discussion ii. Planned Unit Development Ordinance Discussion and Drafts Unscheduled Items Adjournment *Includes Materials - Materials relating to these agenda items can be found in the house agenda packet book located by the Council Chambers entrance, or online at the City’s website at www.corcoranmn.gov. HYBRID MEETING OPTION AVAILABLE The public is invited to attend the regular Council meetings at City Hall. Meeting Via Telephone/Other Electronic Means Call-in Instructions: +1 312 626 6799 US Enter Meeting ID: 882 7123 8720 Press *9 to speak during the Public Comment Sections in the meeting. Video Link and Instructions: https://us02web.zoom.us/j/88271238720 visit http://www.zoom.us and enter Meeting ID: 882 7123 8720 Participants can utilize the Raise Hand function to be recognized to speak during the Public Comment sections in the meeting. Participant video feeds will be muted. In-person comments will be received first, with the hybrid electronic means option following. For more information on options to provide public comment visit: www.corcoranmn.gov STAFF REPORT Agenda Item: 2i. City Council Work Session: October 27, 2022 Prepared By: Chris Hong through Kendra Lindahl, AICP Topic: Buffer Yard Ordinance Updates Action Required: Review 1.Description of request The Council directed staff to research buffer yard ordinances and prepare information about ordinance alternatives for Council consideration. 2.Background The Council held a work session on May 12, 2022 to review the 2022 Council work plan and priorities related to natural resource ordinance updates. They discussed how buffer yard requirements would be applied, what the standards would be and how to equitably apply it as land redevelops. At the work session, the Council indicated a desire to use buffer zones primarily for residential zones, including buffers between residential zones of differing intensities, but not requiring buffering between different non-residential zones. The Council directed staff to bring back buffer yard requirements from other municipalities to see what options are available. 3. Analysis Staff reviewed buffer yard ordinances from six cities: Maple Grove, Medina, Plymouth, Ramsey, Rochester and Rogers. We also researched landscaped buffer best practices from the American Planning Association. There are many ways to buffer differing land uses from each other. Maple Grove, Plymouth and Rogers have standards that require screening of buffering but do not provide specific standards. The City of Plymouth’s 2040 Comprehensive Plan describes many techniques to create smooth transitions between differing land uses including the use of buffer yards. At the land use planning level, existing features can be utilized to separate land uses. These features can be natural (water bodies, ravines, natural areas) or man-made (roads, parks, stormwater facilities). Developments can also be arranged to create smoother transitions such as grouping land uses of similar intensity together or graduating land uses by intensity (Figure 1). At the site planning level, building orientation can reduce the need for additional buffering and performance standards can mitigate the negative externalities that necessitate buffer yards. A combination of using existing features such as street ROW and adding a feature such as a berm can also be effective (Figure 2). Figure 1. Land Use Planning Technique for Transitions (City of Plymouth 2040 Comprehensive Plan) Figure 2. Site Planning Technique for Transitions (City of Plymouth 2040 Comprehensive Plan) These recommendations, however, are not reflected in Plymouth’s City Code. Because of this, we looked to ordinances in Medina, Ramsey, and Rochester, which were the most clearly defined and better candidates for this comparison and analysis. Overview Buffer yards are a landscaped area along lot lines provided to separate differing land uses (differ terms are used in differ cities but we will refer to them as buffer yards for this discussion). In addition to plantings, a buffer yard can also include berms and/or fencing depending on the requirement by the City. Depending on the intent behind a municipality’s buffer yard ordinance, its purpose can be to create a visual obstruction, a physical barrier from negative externalities or a natural transition between land uses. • The City of Medina defines the purpose of buffer yards as to “reduce the negative impacts that may result when land uses of different intensities abut each other or when residential uses abut primary roadways.” New development, whenever the land is zoned at a higher intensity than the adjacent land or when it abuts a primary roadway, is required to build a buffer zone that will be owned by the property owner. The City provides some flexibility in terms of how the level of buffer opacity is to be achieved through a combination of distance, plantings and structures. • The City of Ramsey requires a residential development transition plan between residential zones of differing intensities to “promote orderly transition between developments” and “mitigate lot size and density impacts between residential developments.” The developer is allowed a few options where a transition plan is required, including existing natural features and major roadways, landscape buffering, matching of densities and other alternatives approved by the City. Residential landscape buffer zones are required to be in “common ownership.” The Code does not specify what the terms of that common ownership are. In non-residential areas, buffer yards are used to screen between different, non- complementary zoning districts. The required buffer plantings are in addition to the district required landscaping. The non-residential buffer yards remain in the ownership of the landowner. • The City of Rochester utilizes buffer yards to “eliminate or minimize potential nuisances” including noise, light, odor, unsightly buildings, and litter. The Code categorizes land into buffer yard indicators which are determined by both the land use and the zoning of the land. Proposed developments with a higher buffer yard indicator than the adjacent land must include a buffer yard between the two. The required buffer yards consist of a combination of distance, canopy plantings, understory plantings, shrubs, and structures. By default, the buffer yard is owned by the landowner but they have the option to transfer ownership. The analysis section covers the ways in which buffer yard requirements differ: • Ownership of the buffer yard • How the Code will categorize the buffer requirements (land use vs. zoning) • Standards of the buffer yard • Permitted uses within the buffer yard Ownership There are three main options for the ownership of the buffer zone: 1. ownership by the landowner with the buffer zone, 2. joint ownership with between the landowner and the adjacent landowner or 3. ownership through a third party such as a Homeowners Association (HOA). All three options create challenges that the City must consider when creating the ordinance, particularly when applied to single family developments. • In the City of Medina, a document must be recorded against the property over which the buffer yard lies, which details permitted uses and maintenance responsibility. It does not, however, clearly define who maintains ownership of the buffer yard. The Planning Director for Medina clarified that buffer yards are owned and managed by an HOA, but this is not stated in the Code. • The City of Ramsey requires that the vegetative buffer yard be in “common ownership,” however, the Code does not specify how that is to be achieved. In some instances, the buffer yard’s ownership has been transferred to a Homeowners Association. In others, they have been retained by the landowner and placed into a conservation easement benefiting the City. • In the City of Rochester, the buffer yard is owned by the owner of the land on which it is built and the owner is responsible for all maintenance of the buffer. The City also gives the option to transfer ownership to “adjoining landowners, a park or forest preserve district (the City of Rochester) or an open-space or conservation group, provided that any such conveyance adequately guarantees the protection and maintenance of the buffer yard for its intended purpose.” It is staff’s experience that land trusts and similar conservation groups are focused on larger areas of land. Who should own the buffer yard? Who is responsible for maintenance? The option of leaving ownership in the hands of the landowner is seemingly the simplest approach, but over time the owner of the newly created lot may wish to remove trees in the buffer area and it would be the responsibility of the City to require restoration or maintenance of trees on private property. Staff at the City of Ramsey has indicated that they have been challenged by residents asserting their property rights on the single family home lots. Joint ownership would require the developer and the adjacent existing landowner(s) to ensure maintenance together. Staff believes that could be challenging to set up the initial agreement and more challenging to handle maintenance and potential disputes over time. Staff does not recommend approval of this option. It seems unreasonable to require the developer (and future landowners) to work with their neighbor to maintain their private property. However, if the Council wishes to pursue this option staff will review with the City Attorney. Transferring buffer yard ownership to a third party works ideal for multi-family or commercial/industrial developments where an association is typically created to maintain common areas. The buffer would be located in a common area that would be association maintained. This, however, is much more challenging in a single family neighborhood. Many new single family neighborhoods are developed without Homeowners Associations. Therefore, this would necessitate the creation of an association to maintain the buffer and the buffer does not benefit all homeowners in the development but rather benefits adjacent property owners. The HOA could choose not to maintain the area and the City would need to come in and do maintenance and then assess it back to the HOA. The HOA could allow the property to go tax forfeit if there is no benefit to the larger association and the City could choose to acquire and maintain the property. Moving the buffer yard into separate ownership would also mean allowing for smaller lot sizes to accommodate them or increasing the amount of land that is required to be undeveloped on a residential lot, which would require a larger lot adjacent to the buffer. In either scenario, the overall residential density (number of dwelling units per gross acre) is reduced. The low density residential land use category requires 3-5 units per net acre. It is theoretically possible to meet the minimum density goals under the existing RSF-2 zoning district standards. However, if lots are required to be larger to accommodate the buffer yard and retain a usable back yard, the lot sizes in the remainder the neighborhood will need to be reduced. That could be accommodated through a PUD or by modifying the zoning district standards to allow compliance with a standard plat. Development Intensity Definitions When deciding when to require buffer yards, we must decide whether to categorize future developments by the land on which they are zoned or by the proposed land use. In the City of Medina, proposed development in a district that is zoned “more intensive” than the adjacent zoning district will require a buffer yard. A buffer yard is also required when a proposed development is adjacent to a collector or arterial roadway if the property on the opposite site of the roadway is of the same or a more intensive zoning district. This means that new single family homes neighborhoods across a collector or arterial roadway from existing family homes in the same zoning district will require a buffer yard. Table 1. Required Buffer Opacity (City of Medina) Zoning District of Proposed Development** R-1 R-2 R-3 or MXR R-4 R-5 CN Zoning District of Property Adjacent to Proposed Rural 0.3 0.3 0.4 0.4 0.4 0.5 PUD-1 0.2 0.3 0.4 0.4 0.4 0.5 SR 0.2 0.3 0.3 0.4 0.4 0.5 R-1 0.1* 0.2 0.3 0.3 0.4 0.3 UR 0.1* 0.2 0.2 0.3 0.3 0.1* R-2 0.1* 0.1* 0.2 0.3 0.3 0.1* R-3 0.1* 0.1* 0.1* 0.2 0.3 0.1* Mixed Use 0.1* 0.1* 0.1* 0.2 0.3 0.1* R-4 0.1* 0.1* 0.1* 0.1* 0.2 0.1* R-5 0.1* 0.1* 0.1* 0.1* 0.1* 0.1* Commercial, UH, General Business, 0.1* 0.1* 0.1* 0.1* 0.1* None and Industrial NOTES: *Buffer yard only required if the proposed development is adjacent to a collector or arterial roadway with the noted adjacent district across the street. **If a specific zoning district is not listed, or if the adjacent property is a PUD, the City shall determine the most similar district to determine the required buffer yard. The City of Ramsey’s buffer yard requirements are also based on zoning districts. All new developments are required to have a buffer yard if it is adjacent to a less intensive zoning district as determined in Tables 2 and 3. Table 2. Required Buffers in Residential Zones (City of Ramsey) Transition Attainment Level Existing Adjacent Urban Use Impacted Rural Use Vacant R-1 R-1 Zone Central Rural Preserve Area, Rural Preserve R-1 Zone and Rural Developing Proposed Use R-1 Zone - - Level 4 Level 3 R-2 Zone - Level 1 Level 4 Level 4 R-3 Zone - Level 2 Level 4 Level 4 Table 3. Required Buffers in All Other Districts (City of Ramsey) Proposed Development* Existing Adjacent Development R-1 R-2 R-3 NBD B-1 B-2 B-3 H-1 NBD Width 40’ 30’ 20’ - - - - - Landscaping 25% 20% 20% - - - - - B-1 Width 40’ 30’ 20’ - - - - - Landscaping 30% 25% 20% - - - - - B-2 Width 50’ 40’ 30’ - - - - - Landscaping 30% 25% 25% - - - - - B-3 Width 50’ 40’ 30’ - - - - - Landscaping 30% 25% 20% - - - - - H-1 Width 50’ 40’ 30’ - - - - - Landscaping 30% 25% 20% - - - - - E-1 Width 60’ 60’ 60’ 35’ 35’ 35’ 35’ 35’ Landscaping 40’ 30’ 20’ - - - - - E-2 Width 25% 20% 20% - - - - - Landscaping 40’ 30‘ 20’ - - - - - E-3 Width 30% 25% 20% - - - - - Landscaping 50’ 40’ 30’ - - - - - *As an alternative method for screening in the NBD, B-1, B-2, B-3, H-1, E-1, E-2 and E-3 Districts, fences that are 100 percent opaque may be used to mitigate the impacts of businesses that are adjacent to residential areas. When a fence is used for screening purposes, the buffer yard planting requirements may be reduced by ten percent from the stated minimum requirement. In the City of Rochester, the intensity of the proposed and the existing adjacent development are categorized in 11 “buffer yard indicators”. The indicators take into account both the land use and the zoning district of the development. For example, an office building in a low density residential district has a different buffer yard indicator than an office building in a high density residential district. If the land adjacent to the proposed development is vacant or has a non-conforming land use, the zoning or land use plan designation of the adjacent land is used. Table 4. Buffer Yard Requirements (City of Rochester) Is it reasonable to buffer like uses from each other? Is the Council’s intent to buffer single family homes from each other? A common use of buffer yards is to prevent incompatible land uses from each other and to mitigate any negative externalities from more intensive land uses from spilling over to residential areas. It then follows that there is no need for buffer yards for single family home zoning districts from other each other. The existing setback requirements for these zoning districts suffice in giving residents the ability to enjoy their property. If the intent is to create a more “natural environment” as was stated in the City Council work session, this can be achieved through more stringent landscaping requirements without requiring the landowner set aside more of their land in an unusable state (whether a conservation easement or separate lot). Buffer yards are allowed to be located within required yard setbacks as long as principal and accessory structures are setback from the buffer ten and five feet, respectively. If the buffer yard requirement is greater than that of the setback, the setback is increased to abide by the buffer yard requirement. While this allows some flexibility in implementing the buffer yard, it also means that residential backyards are largely unusable by the homeowner. The City of Medina allows for landowners to plant their buffer yard within the setback. If this option is used, the larger of the two requirements is to be used. City staff have noted that this option is not often utilized but it offers some flexibility for the landowner. How much of an additional setback is needed for more intensive land uses? Because buffer yards must be planted and undeveloped, it essentially serves as an additional setback on top of the existing setback requirement in the zoning district because the lots would need to be larger to create a usable back yard outside of the buffer. This is particularly true for single family detached homes. As we looked at the desire to create a buffer yard standard, we also looked at the standards recently adopted by the City for educational facilities and places of worship within residential zoning districts. The changes recently adopted create a minimum setback for structures, parking, drive aisles, and loading areas of 50 feet. As the building footprint increases, the setback increases to up to 200 feet. The setback requirement also mandates a landscaping zone that “will consist of evergreen and/or deciduous trees and shrubs with a sufficient density to provide visual buffering to a minimum height of 8 feet”. Earth mounding or berms may also be used for up to three feet of the buffer width. The City must consider how an additional buffer yard requirement would layer on top of the performance standards for those uses. Buffer Yard Classifications and Standards The City must also consider how complicated they wish to make the buffer yard standards. Medina has five options defined by their opacity level. The required opacity level can be achieved through a combination of yard width, planting “points,” and structures (such as a berm of fence). Table 5 shows different combinations of how each opacity level can be achieved. Planting points are determined by the size of the planting (Table 6) such as a tall evergreen tree being 50 points while a tall deciduous shrub is 5 points. Additional points are granted for plants that exceed the minimum sizes set by the City. Table 5. Buffer Yard Classifications (City of Medina) Opacity Minimum Buffer Yard Width Minimum # of Buffer Yard Planting Points per 100 linear feet Minimum Required Berm or Fence 0.1 10’ 38 Minimum 4’ wood rail fence 10’ 91 None required 15’ 80 None required 20’ 73 None required 25’ 68 None required 30’ 65 None required 35’ 62 None required 0.2 10’ 84 Minimum 44’ picket fence 15’ 133 Minimum 4’ wood rail fence 15’ 198 None required 20’ 173 None required 25’ 158 None required 30’ 149 None required 35’ 140 None required 35’ 10 Minimum 4’ berm 40’ 135 None required Table 6. How Buffer Yard Planting Points are Allocated (City of Medina) Plant Category Buffer Yard Planting Points per Plant Minimum Permitted Installation Size Overstory deciduous tree 50 2.5” caliper Understory deciduous tree 15 1.5” caliper Tall evergreen tree 50 6’ tall Medium evergreen tree 20 4’ tall Low evergreen tree 12 3’ tall When proposed residential developments are adjacent to residential zoned land, the City of Ramsey defines buffer yard requirements with four transition levels that are achieved with a vegetative buffer. A less dense vegetative buffer can be used if a berm is also built. The vegetative buffer requires overstory, understory, and evergreen plantings and a minimum buffer width. The transition levels are defined in Tables 7 and 8. When the proposed development is not residential, the buffer yard requirement is defined by the minimum width and the percentage of the total required site landscaping. This must be in addition to the required plantings for the zoning district. The total number of required trees can be offset when preserving or establishing native plant communities. The City does not currently offset the number of required trees for preserving existing trees but is considering changing this to credit their preservation either on site or on the adjacent lot. Table 7. Buffer Yard Classifications (City of Ramsey) Options to achieve attainment Level 1 Vegetative Buffer A Level 2 Vegetative Buffer B Vegetative Buffer A with Berm Level 3 Vegetative Buffer C Vegetative Buffer B with Berm Level 4 Vegetative Buffer D Vegetative Buffer C with Berm Table 8. Residential Buffer Yard Requirements (City of Ramsey) Trees per 100 ft of property boundary Minimum Width Overstory Evergreen Understory Vegetative Buffer A 25’ 2 2 2 Vegetative Buffer B 35’ 4 4 4 Vegetative Buffer C 45’ 8 8 8 Vegetative Buffer D 55’ 16 16 16 The City of Rochester has 11 buffer yard classes, the requirements of which must be met through a combination of yard width, canopy plantings, understory plantings, shrubs, and structures. Table 9 shows different combinations of how the requirements for each buffer yard class can be met. This feels overly complicated for a city the size of Corcoran. Table 9. Buffer Yard Classifications and Requirements (City of Rochester) What features will count towards the buffer yard requirement? The City must consider what options would be allowed to create the buffer yard. Most of the buffer yard categories in the three example cities require both canopy trees and understory trees. Rochester also requires shrubs in their more intensive buffer yard categories. In the interest of creating a more opaque visual screen, some of the buffer categories require a dense planting of trees. Staff at the City of Ramsey have noted that this doesn’t create the desired effect until the trees are fully grown. However, the number of trees required by their ordinance results in a crowded environment causing many of the trees to die. The City is finding that trees that were required to be planted and protected need to be removed in 10-15 years to allow room for healthy tree growth. Requiring a combination of trees, shrubs and structures in lieu of dense tree plantings would provide buffering and allow the trees to fully mature. Fencing and/or berms can be used to reduce the number of plantings required. If the purpose of the buffer yard is to create a visual screen, a fence significantly reduces the need for distance and plantings. In Medina and Rochester, a fence can be substituted for some or all of the planting and/or yard width requirements. While this does have the benefit of creating an immediate buffer, it does create a physical barrier between neighbors that may be undesirable from a community perspective. Additionally, features that serve as naturally occurring buffers can count towards buffer yard requirements as outlined in Plymouth’s Comprehensive Plan. Where land that requires a buffer yard is abutting a road, the right-of-way can contribute to the buffer yard width requirement. It serves the same purpose by creating the distance that is required for incompatible uses without burdening the landowner with additional land to be set aside. Topographical features such as lakes, wetlands, rivers, hills, and swales can serve the same purpose. Rather than using major roadways as buffers, the City of Medina requires a buffer yard for all properties abutting them. Because Corcoran already requires a front setback of 100 feet from major roadways in residential zones, an additional buffer yard requirement seems unnecessary. Permitted Uses In order to achieve the desired effect of the buffers, Council must decide on what uses will be permitted within them. • In Medina, buffer yards are to remain predominantly undeveloped and allow for passive recreation and unpaved paths. No structures are allowed within the buffer and paving is limited to what is necessary for access. • The requirements in Ramsey do not specify what uses are allowed within the buffer yard. • In Rochester, buffer yards may be used for passive recreation and allow for trails, seating areas, and stormwater facilities as long as the rest of the requirements are met. Most other structures are not permitted including active recreation space, exterior light sources, utility boxes, security fencing, alternative energy systems, etc. What is the purpose of the buffer yard and what uses complement it? If the purpose of the buffer yard is to lessen the impact of incompatible land uses, it follows that permitted uses should include those that create no negative outside impact. This might include seating, paved and unpaved paths, stormwater facilities and utility boxes. If, instead, the purpose is to create an aesthetically pleasing visual screen, stormwater facilities, utilities and other such structures can be restricted. If the purpose is to create a natural-looking space, uses can include stormwater facilities but not include utilities, paved surfaces or structures. Summary If the Council believes that the desired transitions cannot be achieved through the existing setback and landscaping requirements (including the requirement for a minimum 50-foot setback for non-residential properties adjacent to residential), staff believes that a version combining the Ramsey and Medina ordinances could be developed with more direction from the Council. Specifically: • Will ownership of the buffer yard fall to the property owner, jointly with the property owner and the adjacent property owner, or to a third party? • Are requirements defined by the land’s zoning district, the land use, or some combination of the two? • Does the Council wish to create a fewer buffer categories like Medina (which has five) or more buffer categories like Rochester (which has 11)? • What will the standards for those buffer yards be? • What are the permitted uses within the buffer yard? • Will the landscaping required by the existing code be allowed to meet the buffer landscaping requirements like it is in the example communities? • Is the approach used for additional setbacks for educational facilities and places of worship in residential zones something that can be used for other land uses? Would this be preferable to adopting a new buffer yard ordinance? If the Council does wish to proceed with a buffer yard requirement, the Council should consider how the density requirements will be addressed in the single family zoning districts. The larger lots required to allow a buffer yard and usable yard area for single family homes will likely require smaller lots away from the buffer areas in order to meet the density requirements (this is not an issue on multifamily or commercial/industrial developments). This will likely require developments to be processed as PUD or for the City to modify the district standards to allow smaller lots by right. 4. Requested Action Provide direction for staff on the desired buffer ordinance. Attachments 1. City of Plymouth 2040 Comprehensive Plan Appendix Chapter 3A. Environmental Protection/Transitions 2. City of Medina City Code Sect. 828.31. Buffer Yard Requirements 3. City of Ramsey City Code Sect. 117-110. Residential development transitioning and Sect. 117-364. Landscaping 4. City of Rochester City Code Sect. 63.260 Buffer yard Regulations Page 1 of 8 Appendix 3A Plymouth Land Use Plan – 2040 Appendix Chapter 3A ENVIRONMENTAL PROTECTION/TRANSITIONS ENVIRONMENTAL PROTECTION Plymouth’s environmental resources, including lakes, streams, wetlands and rolling and wooded terrain, all contribute to the quality of life in the community. Protecting these resources occurs on a community land use planning level and through individual site planning techniques. LAND USE PLANNING TECHNIQUES TO PROTECT THE NATURAL ENVIRONMENT The City considers its environmental resources and individual land use needs when designating each type of land use throughout the community. In addition to considering its natural resources when planning at the community level, the City uses regulation and acquisition as techniques for protecting unique elements of the natural environment. The City has used regulation to protect water resources and trees. The City inventoried and evaluated all wetland basins as a prelude to establishing an ordinance requiring wetland buffers that vary in size, based on wetland quality. In addition, the City has ordinances controlling erosion during construction. It also banned use of phosphorus fertilizers – an initiative that ultimately went state-wide. The City has a tree preservation ordinance that sets maximum tree removal thresholds for new development and requires reforestation and/or monetary restitution if removal exceeds the thresholds. Where regulation cannot adequately preserve a key natural environmental resource, the City has turned to preservation through acquisition. Because acquisition is normally very costly, the City has used it only after careful study of the attributes of existing resources and ruling out all other options. A key example is the Northwest Greenway, where the City purchased several parcels that could not be acquired through park dedication. PLYMOUTH COMPREHENSIVE PLAN Page 2 of 8 Appendix 3A Plymouth Land Use Plan – 2040 SITE PLANNING TECHNIQUES TO PROTECT THE NATURAL ENVIRONMENT Site planning techniques to address protection of the environment start with an inventory of the natural resources on an individual site. With every development application, the City requires an inventory of trees over a specified size as well as any lakes, wetlands and water courses. The City then requires that the developer meet all the requirements of its environmental regulations. For example, when a site is platted, the City requires the developer to prepare a tree preservation plan that conforms to City regulations. When a wetland is present, the City also requires that the developer establish a wetland buffer consistent with the quality of the wetland. TRANSITIONS Developing and sustaining a well-balanced community – one that includes a variety of land uses that are conveniently located to one another – often requires that different types of land uses are located in proximity to one another. It also frequently requires the use of transitions from one land use to another. However, a mixing of land uses and the accompanying transitions help create a more exciting and stimulating environment than one dominated by a single land use. The compatibility of one land use with another depends on what the uses are and the quality of site design. Compatibility may be judged broadly, based on general land use, or narrowly, based on the design features of a specific project. What uses are compatible is often a matter of the particular circumstances of a proposed development and its location. Therefore, there are no hard and fast rules that apply in every case. Good transitions can be promoted by both land use planning and by development regulations and site planning techniques. Opportunities for good transitions can be enhanced or lost when the overall land use pattern is set. For example, a land use plan should anticipate the need for transitions by using natural or man-made features, such as a wetland or a major roadway, as separation between potentially incompatible uses. If incompatible uses are placed next to each other without physical separation, it is possible that no amount of site planning can mitigate the potential problem. Traditionally, it is the responsibility of the more intense land use to provide an appropriate transition to an adjacent less intense land use. However, sometimes, making an appropriate transition is the responsibility of the last property owner to develop. Consequently, it is important to consider existing and future land use when planning for transitions. PLYMOUTH COMPREHENSIVE PLAN Page 3 of 8 Appendix 3A Plymouth Land Use Plan – 2040 LAND USE PLANNING TECHNIQUES FOR TRANSITIONS Land use planning techniques for transitions include: · Using natural features (such as water bodies, wetlands, trees, ravines and other topographic features) to separate uses. The sketch at the right illustrates how a wetland can be used to separate residential and light industrial uses. The wetland provides a natural barrier between the two uses and also provides a greater separation in distance than standard zoning setback requirements. · Using man-made features to separate uses. Just as natural features can be used to separate uses, so may man-made features such as major roadways, parks or storm water detention ponds. · Placing uses next to different uses of similar intensity. The following sketch illustrates an apartment building, which is an intense/dense residential use, located across a major street from a retail center, also a relatively intense use. Another example would be placing an office use next to an apartment building or similar types of lesser-intensity uses. Using natural features to separate uses PLYMOUTH COMPREHENSIVE PLAN Page 4 of 8 Appendix 3A Plymouth Land Use Plan – 2040 · Graduating land use intensity (such as placing low density residential next to medium density residential next to high density residential, etc.). The sketch below illustrates a progression from detached homes to townhomes to apartments. In this example, the density and scale of each of the developments relates to the neighboring use. · Establishing land use patterns that avoid mixing traffic from high intensity uses with low intensity uses on local streets (no sketch). For example, streets should be laid out so that commercial traffic takes access from collector or higher-level streets, not local streets that directly serve driveways for residential properties. Land use planning techniques for transitions are reflected in the land use plan map and may be used as development location criteria when considering amendments to the land use plan. However, the separation of uses resulting from the use of these techniques must be balanced with the benefits of having different land uses located in close proximity for the sake of convenience and livability. Relating different uses of similar intensity Graduating land use intensity PLYMOUTH COMPREHENSIVE PLAN Page 5 of 8 Appendix 3A Plymouth Land Use Plan – 2040 SITE PLANNING TECHNIQUES FOR TRANSITIONS There is also a need for transitions between land uses on a site planning level. Site planning techniques for transitions usually take the form of fences, vegetative screening and landscaped buffer yards. While these techniques can provide a smooth transition between uses, they are often used by communities to create a wall that completely separates adjacent land uses. This is not the objective of a good site level transition. Rather, a site level transition should be just that, a passage from one land use to another. Site planning techniques for transitions include: · Site layout – requiring separation of active areas from sensitive uses. In the example above, the active area is a truck loading area, but it could also include parking lots or major site entrances. These types of uses should be placed away from areas such as private, residential yards. · Architectural design – requiring design that is complementary in height, scale, massing, materials, roof lines, door and window placement and overall appearance to adjacent buildings. The sketch at the right illustrates a retail center adjacent to a low density neighborhood. The center is similar in height to the adjacent homes, has pitched roofs which are typically associated with residential construction and has a staggered building line to break up the mass of the building to give the appearance of less bulk. Complementary architectural design Site layout: separating active areas from sensitive uses PLYMOUTH COMPREHENSIVE PLAN Page 6 of 8 Appendix 3A Plymouth Land Use Plan – 2040 · Building orientation – requiring that different uses abut at side or rear yards rather than facing each other across front yards. The next two sketches illustrate how this could work with detached homes and townhomes. The first sketch also illustrates how garage placement can act as a further buffer. Building orientation – side yard transition Building orientation – rear yard transition PLYMOUTH COMPREHENSIVE PLAN Page 7 of 8 Appendix 3A Plymouth Land Use Plan – 2040 · Distance – increasing setbacks between a more intensive land use located adjacent to a less intensive land use. The sketch at the right shows how open space separating detached homes and apartments lessens the difference in scale between the two uses. · Buffering and screening – using berms, landscaping and vegetation and/or elevation changes to separate uses. Fences and walls can also be used to provide screening when there is no change in elevation, or when there is insufficient space to construct a berm. The two sketches that follow show how a landscaped berm and a vegetated slope can provide a transition between detached homes and higher intensity uses of various types. The examples illustrate that these transitions soften the change in use, but do not and are not intended to completely screen the more intense use. It is important that the buffers are consistent in scale and mass to the adjacent land uses and still allow convenient pedestrian access from one use to another. Increasing distance between uses of different intensity Screening with a landscaped berm PLYMOUTH COMPREHENSIVE PLAN Page 8 of 8 Appendix 3A Plymouth Land Use Plan – 2040 · General performance standards – including standards for lighting/glare, dust, air pollution, noise, exterior storage/display, radiation/electric emission, etc. · Performance standards for specific uses – including outdoor storage, drive-through businesses, gas stations, etc. that may relate to site planning as well as operational issues, such as business hours. Site planning techniques for transitions will be reviewed and evaluated as the City considers applications for development approvals. The transitions to nearby existing and planned uses are important factors in determining whether or not a development will be compatible with its surroundings. Specific requirements and standards for particularly sensitive uses will be included in the City’s zoning regulations and other relevant sections of the city code. Screening with a change in elevation PLYMOUTH COMPREHENSIVE PLAN 828. Zoning – Performance Standards and Enforcement 828. Zoning – Performance Standards and Enforcement Page 39 of 100 ii)The applicant fails to conform to the city-approved grading plan and/or the Storm Water Pollution Prevention Plan, or related supplementary instructions issued by the city; iii)The techniques utilized under the Storm Water Pollution Prevention Plan fail within one year of installation; or iv)Emergency action is required pursuant to subpart (d) listed below. d)Emergency Action. If circumstances exist such that noncompliance with this ordinance poses an immediate danger to the public health, safety or welfare, as determined by the city, the city may take emergency preventative action. Prior to taking emergency preventative action, the city shall attempt every reasonable measure possible to contact and direct the applicant to take the necessary action. e)Misdemeanor. Any person who violates any provision of this section shall be guilty of a misdemeanor and shall be subject to a maximum fine or maximum period of imprisonment, or both, as specified by Minnesota Statutes Section 609.03. Each additional day that the property remains in violation of this section shall constitute a separate violation of this section and may be prosecuted accordingly. f)Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation of this section, including, but not limited to, seeking a civil injunction or a restraining order. Subd. 12. Right of Entry. a)Right of Entry and Inspection: The applicant shall allow the city and its authorized representatives, upon presentation of credentials to: i)Enter upon the site for the purpose of obtaining information, examination of records, conducting surveys or investigations; ii)Bring such equipment upon the site as is necessary to obtain information, conduct surveys or investigations; iii)Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept pursuant to this ordinance; iv)Inspect the Erosion control and Sediment Control measures required by the City or the Storm Water Pollution Prevention Plan; and v) Sample and monitor any items or activities pertaining to any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. Section 828.31. Buffer Yard Requirements. Subd. 1. Generally. A buffer yard is a combination of distance, plantings, berms, and fencing. The purpose of a buffer yard is to reduce the negative impacts that may result MEDINA CITY CODE Medina City Code 828. Zoning – Performance Standards and Enforcement 828. Zoning – Performance Standards and Enforcement Page 40 of 100 when land uses of different intensities abut each other or when residential uses abut primary roadways. Subd. 2. Buffer yards required. A buffer yard shall be required in the following situations: (a)Adjacent to less intensive zoning district. A buffer yard shall be required when a developing property is adjacent to or across a street from property of a less intensive zoning district, as summarized by the following table. (b)Adjacent to Collector or Arterial Roadways. A buffer yard shall be required along collector and arterial roadways if the property on the opposite side of the roadway is of the same or a more intensive zoning district, as summarized by the following table. Required Bufferyard Opacity Zoning District of Proposed Development R-1 R-2 R-3 or MXR R-4 R-5 CN Zoning District of Property Adjacent to Proposed Rural 0.3 0.3 0.4 0.4 0.4 0.5 PUD-1 0.2 0.3 0.4 0.4 0.4 0.5 SR 0.2 0.3 0.3 0.4 0.4 0.5 R-1 0.1* 0.2 0.3 0.3 0.4 0.3 UR 0.1* 0.2 0.2 0.3 0.3 0.1* R-2 0.1* 0.1* 0.2 0.3 0.3 0.1* R-3 0.1* 0.1* 0.1* 0.2 0.3 0.1* Mixed Use Districts 0.1* 0.1* 0.1* 0.2 0.3 0.1* R-4 0.1* 0.1* 0.1* 0.1* 0.2 0.1* R-5 0.1* 0.1* 0.1* 0.1* 0.1* 0.1* Commercial, Uptown Hamel, General Business, and Industrial Districts 0.1* 0.1* 0.1* 0.1* 0.1* None NOTES: * Buffer yard only required if the proposed development is adjacent to a collector or arterial roadway with the noted adjacent district across the street. ** If a specific zoning district is not listed, or if the adjacent property is a PUD, the City shall determine the most similar district to determined the required buffer yard. Subd. 3. The required buffer yard may be achieved through a combination of distance, plantings, berming and fences. The following combinations, or an alternative approved by the city, may be utilized: Potential Combinations to Achieve Bufferyard Opacity Opacity Minimum Minimum # of Minimum Required MEDINA CITY CODE Medina City Code 828. Zoning – Performance Standards and Enforcement 828. Zoning – Performance Standards and Enforcement Page 41 of 100 Buffer Yard Width Buffer Yard Planting Points per 100 linear feet Berm or Fence 0.1 10' 38 Minimum 4' wood rail fence 10' 91 None Required 15' 80 None Required 20' 73 None Required 25' 68 None Required 30' 65 None Required 35' 62 None Required 0.2 10' 84 Minimum 44" picket fence 15' 133 Minimum 4' wood rail fence 15' 198 None Required 20' 173 None Required 25' 158 None Required 30' 149 None Required 35' 140 None Required 35' 10 Minimum 4' berm 40' 135 None Required 0.3 15' 198 Minimum 44" picket fence 20'320 None Required 20' 240 Minimum 4' wood rail fence 25'276 None Required 30'252 None Required 35'235 None Required 35' 104 Minimum 4' berm 40'223 None Required 40' 44 Minimum 5' berm 45'215 None Required 50'209 None Required 0.4 20' 330 Minimum 44" picket fence 25' 440 None Required 25' 362 Minimum 4' wood rail fence 30' 385 None Required 35' 349 None Required MEDINA CITY CODE Medina City Code 828. Zoning – Performance Standards and Enforcement 828. Zoning – Performance Standards and Enforcement Page 42 of 100 35' 208 Minimum 4' berm 40' 327 None Required 40' 148 Minimum 5' berm 45' 310 None Required 50' 299 None Required 50' 56 Minimum 6' berm 0.5 30' 564 None Required 30' 405 Minimum 44" picket fence 30' 492 Minimum 4' wood rail fence 35' 499 None Required 35' 319 Minimum 4' berm 40' 454 None Required 40' 261 Minimum 5' berm 45' 422 None Required 50' 405 None Required 50' 160 Minimum 6' berm 55' 388 None Required 60' 374 None Required Subd. 4. Determination of Buffer Yard Planting Points. Planting requirements for the various buffer yard options are calculated in terms of points. Points are calculated based on typical growth rates, mature height, and whether a plant is deciduous or coniferous. The city shall grant additional points, not to exceed a 50 percent increase, for plants which exceed the minimum permitted installation size below. Buffer Yard Planting Points Plant Category Buffer Yard Planting Points per Plant Minimum Permitted Installation Size Overstory deciduous tree 50 2.5" caliper Understory deciduous tree 15 1.5” caliper Tall evergreen tree 50 6' tall Medium evergreen tree 20 4' tall Low evergreen tree 12 3' tall MEDINA CITY CODE Medina City Code 828. Zoning – Performance Standards and Enforcement 828. Zoning – Performance Standards and Enforcement Page 43 of 100 Tall deciduous shrub 5 36" tall Medium deciduous shrub 3 24" tall Low deciduous shrub 1 18" tall Medium evergreen shrub 5 18" tall/wide Low evergreen shrub 3 12" tall/wide Subd. 5. Types of planting. Plants shall be suitable for the soil and site conditions and compliment others in the area. (a) Plants shall meet the size requirements described in the table above at the time of planting. (b) Unless otherwise approved by the city, plants shall be consistent with the Minnesota Department of Natural Resources’ “Field Guide to the Native Plant Communities of Minnesota, the Eastern Broadleaf Forest Province.” (c) No more than 25 percent of plants shall be from one species. (d) Plants shall be selected and placed in a way which most effectively provides a buffer, as approved by the city. Species with known vulnerability to disease or infestation shall not be permitted. The landscaping plan shall consider factors such as survivability of plantings, surrounding topography, and interaction with berms/fences. Subd. 6. Credit for existing vegetation. The city shall grant credit for existing vegetation that is preserved within an area where a buffer yard is required. Credit shall be based on Subd. 4 above, including the additional points for larger plantings. Subd. 7. Berms and Fences. When berms or fences are combined with plant materials in a buffer yard, at least half of the plantings shall be located towards the exterior of the subject property, in relation to the location of the fence or berm. If an earth berm is proposed, the berm shall be undulating in order to give a natural appearance. Subd. 8. Buffer yard location. Buffer yards, when required, shall be located adjacent to the outer perimeter of a development site. (a) Buffer yards may be located within required yard setbacks, but a principal structure shall be set back a minimum of 10 feet and an accessory structure a minimum of five feet from the buffer yard. (b) In the case a wetland interferes with the lineal continuation of a buffer yard, alternative means may be required by the city to reduce the impact of the development upon adjacent property. MEDINA CITY CODE Medina City Code 828. Zoning – Performance Standards and Enforcement 828. Zoning – Performance Standards and Enforcement Page 44 of 100 Subd. 9. Recorded document required. A document, in a form provided by the city, shall be recorded against the property over which a buffer yard lies. This document shall include, at a minimum, the location of the buffer yard, the restrictions on the use of this property, and the maintenance responsibility for the landscaping and improvements. Subd. 10. Use of buffer yards. Buffer yards shall be left in a predominantly undeveloped state. Passive recreation and pedestrian, bicycle, or equestrian paths may be allowed, so long as the required plantings are provided. No sports courts, swimming pools, storage or other similar use shall be allowed. Paving shall be limited to areas necessary to provide access to the subject property. Section 828.33. Stormwater Management Subd. 1. Purpose Land development projects, and associated increases in impervious cover, alter the hydrologic response of local watersheds. Increases in stormwater runoff rates and volumes, flooding, erosion, sediment transport and deposition, and water-borne pollutants can be controlled and minimized through the regulation of stormwater runoff. The purpose of this ordinance is to protect and safeguard the health, safety, and welfare of the public by regulating stormwater runoff to protect local water resources from degradation. This ordinance seeks to meet this purpose through the following objectives: (a)minimize increases in stormwater runoff rates from any development to reduce flooding, siltation and erosion and to maintain the integrity of stream channels, (b)minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality, (c)minimize the total annual volume of surface water runoff that flows from any specific site during and following development so as not to exceed the predevelopment hydrologic regime to the maximum extent practicable, (d)ensure that these management controls are properly maintained and pose no threat to public safety, and (e)implement stormwater management controls to help meet current and future total maximum daily load (TMDL) goals, to address the need to improve water quality, and to meet objectives in the Local Surface Water Management Plan. Subd. 2. Incorporation by Reference The Medina Stormwater Design Manual, as it may be amended from time to time, is hereby incorporated into this ordinance as if fully set forth herein. The Manual shall serve as the official guide for stormwater principles, methods, and practices for proposed development activities. MEDINA CITY CODE Medina City Code Created: 2022-05-16 14:53:56 [EST] (Supp. No. 11, Update 1) Page 1 of 3 Sec. 117-110. Residential development transitioning. (a)Purpose. The purpose of this section is to require a residential development transition plan in order to promote orderly transition between residential developments. The historical platting of lands for urban and rural residential development has created character elements that are difficult to intermingle when the land use densities vary. This section provides techniques to mitigate lot size and density impacts between residential developments. (b)Transitioning. The term "transitioning" for the purposes of this section is defined as the lot density change between one residential development and another. (c)Transitioning options. Transitioning options are available to facilitate the best possible land use and development pattern between new residential developme nts with adjacent residential neighborhoods. The following is a list of transitioning techniques that may be used to create reasonable transitioning between existing residential neighborhoods and new developments. The city shall determine which options are acceptable means to provide for the transitioning. Developers that are required under this section to provide transitioning may seek guidance from the city prior to preliminary platting via a formal sketch plan review process or by informal city approved means. Transitioning options are as follows: (1)Natural features. Natural features described in this subsection (c)(1) are available to be used as transitioning between existing single-family residential neighborhoods and proposed residential development with higher densities. a.Existing topographical features such as hills and swales. b.Wetlands, lakes, rivers, and streams. c.County and state highways, or Metropolitan State Aid (MSA) collector streets. d.A minimum 300-foot-wide, undeveloped, natural distance separation that will not be eligible for future development. (2)Landscape buffering. Landscape buffering is a technique available for transitioning between existing single-family residential neighborhoods and proposed residential development s with higher densities that uses either existing or newly planted vegetation. a.Determination of buffering attainment level. 1.Proposed urban development adjacent to existing urban development. This subsection applies to proposed urban residential developments that are adjacent to an existing single- family urban residential neighborhood. Matching the proposed residential development to the adjacent existing neighborhood in the following chart determines the level of buffering or "attainment" required. The numeric attainment level is matched to the level found in the chart in subsection (c)(2)b of this section. Transition Attainment Level Existing Adjacent Urban Use Vacant R-1 Zone Proposed Use R-1 Zone NA NA R-2 Zone NA Level 1 R-3 Zone NA Level 2 PUD Zone NA As determined necessary by the city RAMSEY CITY CODE Created: 2022-05-16 14:53:56 [EST] (Supp. No. 11, Update 1) Page 2 of 3 2.Proposed urban development adjacent to existing single -family rural neighborhoods. This section applies to proposed residential developments that are adjacent to existing rural residential neighborhoods. Matching the proposed use to the adjacent use in the following chart determines the level of buffering or "attainment" required. The n umeric attainment level is matched to the level found in the chart in subsection (c)(2)b of this section. Transition Attainment Level Impacted Rural Use R-1 Zone and Central Rural Preserve Area, and Rural Preserve R-1 Zone and Rural Developing Proposed Use R-1 Zone Level 4 Level 3 R-2 Zone Level 4 Level 4 R-3 Zone Level 4 Level 4 PUD Zone - Transition attainment level shall be determined by correlating the overall density to the R -1, 2, or 3 Districts and then applying the corresponding attainment level. The city shall have the authority to make a determination on the proper attainment level if determined necessary. b.Methods to achieve buffering attainment level. The following chart is used to determine appropriate landscape buffers when the level of attainment is determined from the charts in subsection (c)(2)a.1 and 2 of this section. Options to achieve attainment Level 1 Vegetative Buffer "A" Level 2 Vegetative Buffer "B" Vegetative Buffer "A" with Berm Level 3 Vegetative Buffer "C" Vegetative Buffer "B" with Berm Level 4 Vegetative Buffer "D" Vegetative Buffer "C" with Berm 1.Vegetative buffer yard definitions: (i)Vegetative Buffer "A" - A minimum 25 feet width in common ownership with the following planting schedule per 100 feet of property boundary adjacent to an impacted use: A.2 overstory trees. B.2 evergreen trees. C.2 understory trees. (ii)Vegetative Buffer "B" - A minimum 35 feet width in common ownership with the following planting schedule per 100 feet of property boundary adjacent to an impacted use: A.4 overstory trees. B.4 evergreen trees. C.4 understory trees. (iii)Vegetative Buffer "C" - A minimum 45 feet width in common ownership with the following planting schedule per 100 feet of property boundary adjacent to an impacted use: A.8 overstory trees. RAMSEY CITY CODE Created: 2022-05-16 14:53:56 [EST] (Supp. No. 11, Update 1) Page 3 of 3 B.8 evergreen trees. C.8 understory trees. (iv)Vegetative Buffer "D" - A minimum 55 feet width in common ownership with the following planting schedule per 100 feet of property boundary adjacent to an impacted use: A.16 overstory trees. B.16 evergreen trees. C.16 understory trees. 2.Minimum plant sizes: (i)Overstory deciduous trees: 2.5 inch caliper. (ii)Coniferous trees: six feet in height. (iii)Understory trees: 1.5 inch caliper. 3.Plant species. All trees required by this section shall be indigenous to the appropriate hardiness zones and physical characteristics of the site. 4.Berms. Berms shall be a maximum of six feet in height. Good quality fill suitable for berm construction and growing plant materials shall be used. Berms should be designed with aesthetic appeal by incorporating breaks and irregular groupings. 5.Buffers. Any of the following buffers may qualify as an acceptable method of attainment for transitioning (in whole or in part) if deemed acceptable by the city: (i)Existing topographical features on vacant lands such as hills and swales; (ii)Wetlands, lakes, rivers, and streams; (iii)County and state highways, or Metropolitan State Aid (MSA) collector streets. (3)Matching of densities. When lower density areas and higher density areas are adjacent to each other and are required to provide transitioning, the matching of densities along the perimeter of the new development properties may be used. The city, as part of the sketch plan review process, shall indicate whether the proposed subdivision must use the matching of density technique. The city shall take into account the configuration of the development lot, the configuration of adjacent lots, the density of adjacent lots, and the general land use patterns in the area. The development may be allowed to make up the density in the interior of the property whenever the matching of densities is used. However, the developer is not guaranteed to receive the full compliment of remaining units allowed under the city's zoning code. All developments using the matching of density method shall be processed as a planned unit development. (4)Other alternatives. Other alternatives to transitioning can be used where agreed upon by the developer and the city. (Code 1978, § 9.20.05; Ord. No. 86-2, 8-25-1986; Ord. No. 02-28, 9-30-2002; Ord. No. 03-21, 8-25-2003) RAMSEY CITY CODE Sec. 117-364. Landscaping. (a)Intent. The City of Ramsey recognizes the advantages that landscaping and screening can provide, including enhanced health, safety, aesthetic, ecological and economic value. The intent of this section is to: (1)Enhance the quality of life within the city; (2)Enhance aesthetic view of development(s) from public roads; (3)Maintain and enhance property values; (4)Aid in both physical and mental human health; (5)Improve air quality and buffer against noise, glare, and heat; (6)Reduce the potential for crime and violence; (7)Improve energy efficiency; (8)Add visual interest to blank building facades and soften appearance of hardscaping and buildings with accent plantings; (9)Complement adjacent land uses; (10)Improve the visual quality and continuity within and between developments; (11)Reduce storm water runoff; (12)Encourage the establishment and/or restoration of native landscapes. (b)Goals and objectives. Landscaping for any project is intended to achieve the following goals and objectives: (1)Provide immediate aesthetic enhancements to a development site while also taking into account space and input needs of plantings well into the future; (2)Encourage a healthy environment and landscape in the future; (3)Ensure a diverse mixture of species to protect against future pests and pathogens; (4)Encourage native landscapes in suitable locations with appropriate management plans. (c)Landscaping requirements. (1)Topsoil and ground cover. All exposed ground areas, including boulevards and areas not devoted to off- street parking, driveways, sidewalks, trails, patios or other such impervious improvements, shall be landscaped with turf, shrubs, trees, native grasses and wildflowers and/or other ornamental landscape materials within six months of the date of issuance of the certificate of occupancy. a.Topsoil. In all zoning districts, a minimum of four inches of topsoil, as defined in section 117-1, shall be applied across all exposed ground areas to the edge of improved streets, sidewalks, driveways and other impervious surfaces, excluding natural areas that are left undisturbed, whenever a building permit is issued for the construction of a principal building. 1.The depth of topsoil at the time of inspection shall be not less than four inches. 2.Alternatives to the import of topsoil, such as compost or other soil amendments known to improve soil water holding capacity may be permitted, but only with the prior approval of the city engineer. b.Required ground cover. In all zoning districts except R-1, all portions of a site not covered by structures, concrete, or asphalt, but excluding natural areas that are left undisturbed, shall be RAMSEY CITY CODE finished with sod and plantings, up to the edge of improved streets and other impervious surfaces. Any alternative to the sod requirement shall require City Council approval. 1.In the R-1 Residential District, sod is required in all boulevards, excluding those areas devoted to sidewalks, trails and driveways. 2.The remainder of a yard may be established with sod, seed, natural ground cover and/or native grasses and wildflowers. Noxious weeds do not constitute allowable ground cover. 3.A landscape escrow, in an amount to be determined by the building official, shall be deposited for all required landscaping, including topsoil, sod and trees, which is not established at the time of issuance of a certificate of occupancy. Installation of required landscaping, including topsoil, sod (or seeding where permitted by this Code) and trees, shall be completed within six months of the issuance of the certificate of occupancy, weather permitting. The city may draw upon the escrow to install the required landscaping if said work is not completed within six months of the date of issuance of the certificate of occupancy. (2)Irrigation. If a landscape irrigation system is provided, the system shall be equipped with the following: a.Technology that inhibits or interrupts operation of the irrigation system during periods of sufficient moisture (rain sensor). b.One or more water efficient technologies. This could include, but is not limited to, WaterSense labeled weather-based irrigation controllers, soil moisture sensors, and/or evapotranspiration (ET) sensors. (3)Existing trees. A reasonable attempt shall be made to preserve as many existing trees as is practicable and incorporate them into a development (see division 5, Tree Preservation for inventory and preservation requirements). For each healthy significant tree retained on site and not identified on the city's list of prohibited trees, one overstory tree, or the equivalent canopy square footage, can be deducted from the minimum planting requirements. (4)Planting types. Acceptable planting types shall be determined by the Ramsey Tree Book. The complement of trees fulfilling the landscaping requirements shall not be less than 25 percent deciduous and not less than 25 percent coniferous. Not more than 25 percent of the required plantings shall consist of ornamental or understory trees. Projects should attempt to limit the planting of any one genus to no more than 20 percent of the total plantings. (5)Planting requirements for the R-1 Residential District. Zoning District Planting Type Minimum Number Required Size R-1 Residential (MUSA) — Villas Overstory Deciduous and/or Coniferous trees 1 tree per 50 feet of frontage, planted in the boulevard 1 inch caliper — deciduous 5 foot height — conifer R-1 Residential (MUSA) — SF Detached Homes Overstory Deciduous and/or Coniferous trees 2 trees per dwelling, planted in the boulevard (or front yard depending on available space) 1 inch caliper - deciduous 5 foot height - conifer R-1 Rural Developing Overstory Deciduous and/or Coniferous trees 2 trees per dwelling, planted in the front yard 1 inch caliper - deciduous 5 foot height — conifer RAMSEY CITY CODE a.In the R-1 Residential (MUSA) — Villas sub-district, alternative planting locations, such as the backyard or common areas, will be considered if there is not sufficient space in the boulevard due to other improvements such as driveways, streetlights, hydrants, etc. (6)Planting requirements for the R-2 Residential (Medium Density) and R-3 Residential (High Density) Districts. a.If the housing product is a detached style, the plantings shall consist of at least one tree per 50 feet of street frontage, planted in the boulevard. 1.Alternative planting locations, such as the backyard or common areas, will be considered if there is not sufficient space in the boulevard due to other improvements such as driveway, streetlights, hydrants, etc. b.If the housing product is an attached style, the number of plantings shall be determined based on canopy cover. To fulfill the planting requirements, a combination of trees and shrubs shall meet or exceed the minimum required canopy cover square footage. c.The minimum canopy cover required shall be calculated as follows: 1.Determine ratio of impervious area (including stormwater ponds) to entire site. 2.Multiply the impervious area/site area ratio by the square footage of the pervious area to calculate the required canopy cover square footage for the project area. 3.The following formula shall be utilized to determine the average canopy cover of a species: [(Minimum + maximum spread) ÷ 4]2 × π × (0.65 for preferred species or 0.50 for acceptable species, as identified in the Ramsey Tree Book). d.Minimum size of plantings. Required trees and shrubs shall meet or exceed the following size standards: Plant Type Size Deciduous Tree 1 inch caliper Coniferous Tree 5 feet in height Ornamental Tree 1 inch caliper Deciduous Shrub 2 feet in height Evergreen 2 feet in height or width, based on growth characteristics (7)Planting requirements for business and employment districts (B-1, B-2, B-3, Neighborhood Business, H- 1, E-1, E-2, and E-3). a.Business districts (B-1, B-2, B-3, Neighborhood Business, and H-1). The minimum number of trees required are outlined in the table below. These are minimum requirements and can be supplemented with other plantings, as well as flowers and various ground covers that would be appropriate to produce a complete and quality landscape. Planting Type Required Numbers Deciduous/coniferous trees 1 tree per 50 lineal feet of site perimeter, or 1 tree per 1,000 square feet of building footprint, whichever is greater. For building expansions, 1 additional tree is required for each 1,000 square feet of new building footprint area. RAMSEY CITY CODE Shrubs 1 shrub per 30 lineal feet of site perimeter or 1 shrub per 300 square feet of building footprint area, whichever is greater. b.Employment districts (E-1, E-2, and E-3). The minimum number of plantings required shall be determined based on canopy cover. To fulfill the planting requirements, a combination of trees and shrubs shall meet or exceed the minimum required canopy cover square footage. The minimum canopy cover required shall be as follows: 1.Determine ratio of impervious area (including stormwater ponds below the 100-year flood elevation) to entire site. 2.Multiply the impervious area/site area ratio by the square footage of the pervious area to calculate the required canopy cover square footage for the project area. 3.The following formula shall be utilized to determine the average canopy cover of a species: [(Minimum + Maximum Spread) ÷ 4]2 × π × (0.65 for preferred species or 0.50 for acceptable species, as identified in the Ramsey Tree Book). c.Minimum size of plantings. Required trees and shrubs shall meet or exceed the following size standards: Plant Type Size Deciduous Tree 2.5 inch caliper Coniferous Tree 6 feet in height Ornamental/Understory Tree 1.5 inch caliper Deciduous Shrub 2 feet in height Coniferous Shrub 2 feet in height or width, based on growth characteristics d.Road frontage plantings. For every 35 feet of public road frontage, one overstory tree shall be planted adjacent to the road right-of-way on private property. These plantings are credited toward the minimum planting requirements. e.Parking lot landscaping. All parking lots are required to provide internal and/or adjacent overstory tree plantings in an effort to shade parking surfaces and provide visual relief. The planting schedule is established to provide an acceptable number of plantings that may be planted in regular symmetrical patterns or irregular clusters or groupings. Plantings are required at the following minimum schedule: 1.1 tree per every ten parking spaces. 2.Every overstory tree planting shall be provided with a planting area of at least 162 square feet. 3.Acceptable ground cover materials include sod, mulch, and other natural ground cover. Landscaping rock and plastic underlayment is prohibited in planting islands. f.Bufferyards. Bufferyards help to achieve screening between differing uses with varied intensities and impacts that are not always complementary when adjacent to one another. When a bufferyard is required, the yard space and planting requirements are not to be reduced for other purposes such as future parking and driveways, building expansions, or other activities that are not in keeping with the purposes of buffering and screening. RAMSEY CITY CODE 1.Bufferyards are intended to provide additional screening of businesses that are adjacent to residential areas. The following table details the width of the bufferyard along the common adjacent property line. An additional increase of landscape plantings is required in the bufferyard. The table below outlines the minimum required additional plantings, expressed as a percentage of the total required site landscaping: Proposed Development Existing Adjacent Development R-1 R-2 R-3 NBD B-1 B-2 B-3 H-1 Neighborhood Business (NBD) Bufferyard width 40 feet 30 feet 20 feet NA NA NA NA NA % increase in plantings 25% 20% 02% B-1 Bufferyard width 40 feet 30 feet 20 feet NA NA NA NA NA % increase in plantings 30% 25% 20% B-2 Bufferyard width 50 feet 40 feet 30 feet NA NA NA NA NA % increase in plantings 30% 25% 25% B-3 Bufferyard width 50 feet 40 feet 30 feet NA NA NA NA NA % increase in plantings 30% 25% 20% H-1 Bufferyard width 50 feet 40 feet 30 feet NA NA NA NA NA % increase in plantings 30% 25% 20% E-1 Bufferyard width 60 feet 60 feet 60 feet 35 feet 35 feet 35 feet 35 feet 35 feet % increase in plantings 30% 30% 30% 20% 20% 20% 20% 20% E-2 Bufferyard width 60 feet 60 feet 60 feet 35 feet 35 feet 35 feet 35 feet 35 feet % increase in plantings 30% 30% 30% 20% 20% 20% 20% 20% E-3 Bufferyard width 60 feet 60 feet 60 feet 35 feet 35 feet 35 feet 35 feet 35 feet % increase in plantings 30% 30% 30% 20% 20% 20% 20% 20% RAMSEY CITY CODE 2.As an alternative method for screening in the Neighborhood Business, B-1, B-2, B-3, H-1, E- 1, E-2 and E-3 Districts, fences that are 100 percent opaque may be used to mitigate the impacts of businesses that are adjacent to residential areas. Fences are subject to the provisions found in all applicable ordinances. When a fence is used for screening purposes, the bufferyard planting requirements may be reduced by ten percent from the stated minimum requirement. g.Credit for preservation or establishment of native grasses and plant communities. The total number of required trees may be offset by the provision of native grasses and wildflowers. Establishment or preservation of native plant communities can reduce the required number of tree plantings by one tree per 500 square feet of native grass/plant community area. Credit may not exceed 50 percent of the total requirements. 1.This area(s) must be shown on both the landscape plan and the grading plan. 2.Species, quantities, and application method and rates, shall all be provided as part of the landscape plan. 3.A three-year management plan shall be submitted for review and approval by the city as part of the civil plan set. Thereafter, an annual management plan shall be submitted to the city every year by March 1. ( Ord. No. 21-06 , § 2, 6-8-2021) RAMSEY CITY CODE CHAPTER 63 - Updated June 2019 402 | P a g e H.Site Location “H”: In order to avoid the potential negative impact of residential facilities on a neighborhood, no two Type II or Type III facilities may locate within one-quarter mile of each other. An exception may be made if the two facilities are separated by a physical barrier such as an arterial street, nonresidential zoning, or topographical features that could mitigate the need for separating such facilities. In such instances the request for a zoning certificate shall be processed as a Type II use. I.Site Location “I”: All adult entertainment uses shall be located not less than 750 feet from any residential district boundary, church, school or youth facility. In addition, no adult entertainment establishment shall locate within 750 feet of another adult entertainment use. For the purposes of this Chapter this distance shall be a horizontal measurement from the nearest district boundary or lot line of a church, school, youth facility or another adult entertainment use to the nearest point on the lot line of the lot where the adult entertainment use is proposed. J.Site Location “J”: The site provides direct access to a collector, arterial or expressway. K.Site Location “K”: The portions of the lot or parcel on which the day care center is situated is located 300 feet or more from any heavy industrial use identified in section 62.146 (1), or above ground storage of flammable, hazardous or poisonous gases, liquids or materials. The day care center may be an internal part of, attached to, or free standing from the structure housing the principal use on the lot or parcel. L.Site Location “L”: Uses shall be located not less than 1,320 feet from another parking facility use. 63.253 Temporary Access: An applicant shall not be denied a zoning certificate where the site location requirements cannot be met because adjoining segments of planned street are not yet constructed. In such instances, the zoning administrator may approve temporary access to another street which shall expire when the access required by this article becomes available for use. 63.260 BUFFERYARD REGULATIONS Bufferyards shall be required to separate different land uses from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas, and to provide spacing between uses so as to reduce the adverse impacts of noise and odor. Provision of bufferyards shall be the responsibility of the more intensive use, and shall be required at the time of development. It is the responsibility of the landowner to maintain the bufferyard in a condition consistent with the approved plan. Failure to maintain the bufferyard and its components in a condition consistent with the approved plan shall be a misdemeanor. 63.261 Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Bufferyards shall not be located on any portion of an existing or dedicated public or private right-of-way, unless otherwise specified by this ordinance. ROCHESTER CITY CODE CHAPTER 63 - Updated June 2019 403 | P a g e 63.262 Bufferyards in Established Districts: Subdivision 1. When a change of use is proposed on lands which were in an established district on the effective date of the ordinance, bufferyards shall only be required if the development involves a new use with a higher bufferyard indicator than the previously existing use. If the bufferyard is to be provided along a lot line separating the lot from an alley right-of-way a minimum of ten feet in width, the development will be exempt from the distance requirements of this section, but the plant material required shall be integrated into the site layout between the lot line and the façade of the building. Subd. 2. Minor reconstruction or remodeling of an existing use shall not require the provision of bufferyards as a condition of zoning certificate approval. Expansion or major reconstruction of an existing use are treated in the same manner as a change in use subject to the regulations of Section 65.710. Subd. 3. Boulevard tree planting as required by the S1 standard shall be determined by the requirements of section 64.160 63.263 Determination of Bufferyard Requirements: This section provides the procedure to be followed in determining the bufferyard that is required by this ordinance depending upon the different types of land use. Subdivision 1. To determine the type of bufferyard required between two adjacent parcels or between a parcel and a street, the following procedure shall be followed: A. Identify the bufferyard indicator of the proposed use by referring to the zoning district tables found in Chapter 62. B. Identify the land use adjacent to the proposed use by on-site survey. C. Identify the bufferyard indicator of all adjoining land uses by referring to the zoning district tables in Chapter 62. D. Staff will provide the classification of adjacent streets based on the Thoroughfare Plan classification of streets. E. Determine the bufferyard required along each boundary (or segment thereof) by referring to the table in Section 63.264. Subd. 2. The table in Section 63.264 specifies the class of bufferyard to be provided along each boundary. The classes of bufferyard are further described in the table found at Section 63.265. Any of the options specified in Section 63.265 for a given bufferyard class shall satisfy the requirements of this ordinance. Plan material sizes and specifications are detailed in Section 63.150 Subd. 3. Existing plant material located on the property may be counted as contributing to the bufferyard requirement if, in the opinion of the zoning administrator, the material is of such character so as to provide a similar buffering effect as the materials which normally would be required by this Code. Subd. 4. Bufferyard requirements may be waived where: ROCHESTER CITY CODE CHAPTER 63 - Updated June 2019 404 | P a g e A. Adjacent lots are developed with an existing buffer satisfying the intent of this section; B. The adjacent area of an abutting non-residential lot is a rear yard used as a parking area; or C. Boulevard trees have been established prior to the application for a final plat, other development approval or zoning certificate that meet the required number of boulevard trees established in Section 63.265. The existing trees do not have to meet the minimum required spacing specified in Section 63.265, Subdivision 5, in order to comply with the provisions of the ordinance. 63.264 The letter designations contained in this table identify a class of bufferyard which is then further defined in Section 63.265. An asterisk (*) identifies that no buffer is required between the adjacent land uses. ROCHESTER CITY CODE CHAPTER 63 - Updated June 2019 405 | P a g e SECTION 63.264 TABLE OF BUFFERYARD REQUIREMENTS NOTE: See Section 63.263 for Directions on Determining Bufferyards * Indicates That No Bufferyard is Required See Section 63.265 for a Definition of the Bufferyard Types BUFFERYARD INDICATOR PROPOSED LAND USE I II III IV V VI VII VIII IX X XI Adjacent Developed Land I * C D E E F G H I J K II * * C D D E F G H J K III * * * C D D E F G J K IV * * * * D D E F G J K V * * * * * C D E E H I VI * * * * * * * E D H I VII * * * * * * * * C C I VIII * * * * * * * * * B G IX * * * * * * * * * * F X * * * * * * * * * * * XI * * * * * * * * * * * Zoning or Land Use Plan Designation of Adjacent Vacant Land or Non- Conforming Use, if in the Same District R-1, CN-NR, R-1x, or R-2 District or Low Density Residential Designation * B C D E F F G H J K R-2x or R-3 District or Medium Density Residential Designation * * A A C D D E F J K R-4 District or Permanent Public Open Space * * * * * * B C D J K B-1 or B-5 District * * * * * * * * B F H MRD District * * * * * * * * * F I M-1, M-3, or B-4 District or Commercial or Light Industrial Designation * * * * * * * * A F G M-2 District or Industrial Designation * * * * * * * * * * * Adjacent Road Classification ** Freeway or Expressway S1 S1/D S1/C S1/B S1 S1 S1 S1 S1 S1 S1 Arterial S1 S1/D S1/C S1/B S1 S1 S1 S1 S1 S1 S1 Collector or Non- Res. Local S1 S1 S1 S1 S1 S1 S1 S1 S1 S1 S1 Residential Major Local S1 S1 S1 S1 S1 S1/B S1/C S1/D S/E S1/F S1/G Res. Local or Limited Local S1 S1 S1 S1 S1 S1/B S1/C S1/D S1/E S1/F S1/G NOTE: Where two bufferyard requirements are listed both apply. **The standard does not apply to Freeways. ROCHESTER CITY CODE CHAPTER 63 - Updated June 2019 406 | P a g e 63.265 Definition of Bufferyard Types: Subdivision 1. Section 63.264 defines the permissible options available in each bufferyard class. Bufferyard requirements are stated in terms of a width and the number of canopy trees, understory trees and shrubs to be provided per 100 linear feet of bufferyard. Section 63.150 specifies the size of plant materials to be used in a bufferyard. Whenever a wall, fence or berm is required in a bufferyard, these are listed as a “structure required” in section 63.264. The specifications for such structures are illustrated on the page following section 63.265. Subd. 2. Whenever a wall is required in addition to a berm and plantings, the wall must be located between the berm and plantings, and the higher intensity use on the adjacent lot in order to provide maximum noise reduction. The wall must be located within two feet of the bufferyard line determined by the bufferyard width adjacent to the higher intensity use unless located within an easement. Subd. 3. Whenever a fence is required in addition to vegetative plantings, the fence must be located between the plantings and the higher intensity use on the adjacent lot in order to provide for adequate space for plantings, and improve screening and noise reduction. The fence must be located within two feet of the bufferyard line determined by the bufferyard width adjacent to the higher intensity use unless located within an easement. Subd. 4. If the development on adjoining parcels is deed restricted for solar access, understory trees may be substituted for canopy trees where canopy trees would destroy solar access. Subd. 5. Except as provided in subdivision 6, the required number of boulevard trees shall be determined based on the length of frontage as specified in this subdivision. The measurement of frontage shall not include boulevard area that abuts city parkland within residential development, or areas determined by the Road Authority Engineer to be unavailable for boulevard tree planting due to Road Authority policy. The planting distance is an average distance that will be used to calculate the total number of boulevard trees for the development under review. A. For residential districts R-Sa, R-1, R-1x, R-2, R-2x one tree for every 50 feet of frontage. B. For residential districts SD, CDC-Res, R-3, R-4, one tree for every 35 feet of frontage. C. For nonresidential districts, the required number of trees is equal to the total street frontage divided by 35 feet. Planting locations for individual trees and separation distances will be determined in part by site characteristics, the guidelines established in the Park and Recreation Department Policy on Boulevard Tree Placement and for Standards Associated with New Commercial Buildings with New Business Signs, and the determination of the Park and Recreation Director or designee. Credit will be given for existing boulevard trees as determined by the Park and Recreation Director or designee. ROCHESTER CITY CODE CHAPTER 63 - Updated June 2019 407 | P a g e Subd. 6. The Park and Recreation Director or designee may reduce the number of boulevard trees if adopted city boulevard tree placement policies do not permit boulevard trees to be planted. The Park and Recreation Director or designee shall first apply the standards of section 64.160, subd. 3(E)(1),(2),(3) prior to allowing a proportionate reduction in the number of boulevard trees that are required by this section. Subd. 7. Boulevard trees on residential through lots and lots abutting alleys, as defined, boulevard trees shall be required only on the street that provides direct access or adjacent to the front lot line. Subd. 8. Refer to section 63.265, subd. 5, and section 64.160 for boulevard tree planting standards in all zoning districts except as noted in this section. Within the CDC- CBD, CDC-Medical, and CDC-Fringe, the following provision applies: A. Where an existing boulevard includes unpaved landscape area with suitable soils and depth as determined by the Park and Recreation Director or designee boulevard trees shall be planted based on the standards of section 63.2656, subd. 5 and the Policy on Boulevard Tree Placement and for Standards Associated with New Commercial Buildings with New Business Signs. B. Soil improvement shall be required at the same spacing as required for tress in section 63.265, subd. 5 where the boulevard is paved. Soil improvement will consist of CU-structural Soil, Deep Root Cells or other soil improvement acceptable to the Park and Recreation Director or designee. The location, depth and size of the areas will be determined by the city. C. Within the CDC, the developer or property owner shall supply the Park and Recreation Director or designee and Public Works Department with construction plan indicating the location, depth, size of areas of soil improvement. D. Soil improvement or tree planting within the CDC will be required under the following conditions: (1) New construction of structures or buildings including parking facilities on the development site. (2) Development that requires the replacement of sidewalk on the adjacent boulevard. (3) When any site or building improvement or addition including demolition costs equals or exceeds 25 percent of the market value as determined by the Olmsted County Assessor’s records. (4) For any property covered by a development agreement that requires soil improvement or tree planting. ROCHESTER CITY CODE CHAPTER 63 - Updated June 2019 408 | P a g e E. A “payment in lieu” will be required where there is a reduction in the number of trees or planting spaces for the development project. This provision does not apply where the road authority determines that boulevard trees will not be permitted. The payment shall be as determined by section 64.160 sub. (2)(J). ROCHESTER CITY CODE CHAPTER 63 - Updated June 2019 409 | P a g e PARAGRAPH 63.265 DEFINITION OF BUFFERYARD OPTIONS (Requirements are per 100’ of distance) NOTE: See Following Page for Illustration of Structures BUFFERYARD CLASS WIDTH CANOPY PLANTINGS UNDERSTORY PLANTINGS SHRUBS STRUCTURES NOTES A 5’ 10’ 1.0 0.0 1.0 1.0 0.0 0.0 In Bufferyards A, B, and C a structure equal or exceeding F1 may be substituted for understory plantings. B 10’ 15’ 20’ 1.0 0.8 0.6 2.0 1.6 1.2 0.0 0.0 0.0 C 10’ 15’ 20’ 1.0 0.8 0.6 2.0 1.6 1.2 3.0 2.4 1.8 D 10’ 15’ 20’ 25’ 2.5 2.0 1.6 1.2 5.0 4.0 3.2 2.4 8.0 6.0 4.8 3.6 In Bufferyards D and E a structure equal or exceeding F2 may be substituted for 5 understory plantings. E 10’ 20’ 25’ 30’ 2.7 3.0 2.4 1.8 5.4 6.0 4.8 3.6 8.0 9.0 7.2 5.4 F1 F 10’ 15’ 20’ 25’ 30’ 3.0 4.5 5.0 4.0 3.0 6.0 9.0 10.0 8.0 6.0 8.5 13.5 15.0 12.0 9.0 F2 or B1 F1 Fences may be constructed of overlapping boards that allow wind penetration but not visual penetration. In Bufferyards F through I a structure of the next highest class may be substituted for 5 required understory plantings. G 15’ 20’ 25’ 30’ 2.8 3.0 4.0 3.2 4.2 3.15 6.0 4.8 14.0 15.0 20.0 16.0 F3 or B2 F2 or B1 H 20’ 30’ 40’ 3.0 5.0 4.0 4.5 7.5 6.0 18.0 30.0 24.0 BW1 or B3 B2 or F3 B1 or F2 I 30’ 40’ 50’ 75’ 4.8 6.4 8.0 6.4 7.2 9.6 12.0 9.6 28.8 38.4 48.0 38.4 BW1 or B3 B3 or F3 B2 or F2 B1 or F2 J When Adjacent To: Class I-IV Use 500’ 10.0 10.0 16.0 Canopy planting shall be evergreens, all plantings shall be within 50’ of the property line. Class V-VI Use 100’ 8.0 8.0 12.0 Class VII-IX Use 50’ 7.0 7.0 10.0 K When Adjacent To: Class I-IV Use 1000’ 10.0 10.0 16.0 Canopy planting shall be evergreens, all plantings shall be within 50’ of the property line. Class V-VI Use 500’ 8.0 8.0 12.0 Class VII-IX Use 200’ 7.0 7.0 10.0 S1 0 ** 0 0 Canopy planting shall be within the boulevard of right- of-way. ** Refer to section 63.265, subd. 8 for tree planting requirements within the CDC-CBD, CDC-Medical, and CDC-Fringe districts. ROCHESTER CITY CODE CHAPTER 63 - Updated March 2018 410 | P a g e ROCHESTER CITY CODE CHAPTER 63 - Updated March 2018 411 | P a g e 63.266 Use of Bufferyards: Subdivision 1. A bufferyard may be used for passive recreation. It may contain pedestrian and bike trails, seating areas, stormwater facilities or landscape features provided that: A. All plant material is planted within the bufferyard; and B. The total width of the bufferyard is maintained. Subd. 2. The following uses and structures are not permitted in a bufferyard: A. Active recreation space including fields, rinks, pools and related facilities; B. Exterior light sources; C. Trash storage facilities; D. Bicycle parking; E. Utility boxes; F. Security fencing; G. Curbing; H. Parking that allows overhang by vehicles; and I. Solar Collection Systems and Wind Energy Conversion Systems. Subd. 3. Berms, landscape walls, fencing and landscaping may not be located within a drainage or utility easement unless the design and location are approved by the City through a revocable permit. 63.267 Ownership of Bufferyards: Bufferyards may remain in the ownership of the original developer (and assigns) of a land use, or they may be transferred to any consenting grantees, such as adjoining landowners, a park or forest preserve district (the City of Rochester) or an open-space or conservation group, provided that any such conveyance adequately guarantees the protection and maintenance of the bufferyard for its intended purpose. 63.268 Excess Bufferyard: Where the bufferyard between a land use and vacant land turns out to be greater than the bufferyard which is required between the first use and the subsequently developed use, the existing use may expand its use into the original buffer area. However, the reduced bufferyard that this ordinance requires between the two uses shall be maintained according to the regulations of this ordinance. 63.269 Contractual Reduction of Bufferyard Abutting Vacant Land: When a land use is proposed adjacent to vacant land and the owner of that vacant land enters into a contractual relationship with the owner of the land that is to be developed first, a reduced buffer may be provided by that first use, provided that. ROCHESTER CITY CODE CHAPTER 63 - Updated March 2018 412 | P a g e A. The contract contains a statement by the owner of the vacant land of an intent to develop with uses no greater than a specified bufferyard indicator class; and, B. The contract contains an agreement by the vacant landowner to assume all responsibility for the additional bufferyard needed if that vacant lot is substantially developed with a less intense use than had been agreed upon and thus a greater bufferyard would normally be required. C. The contract is recorded in the County Recorder’s Office. All site plans and zoning certificates submitted for review and action by the City must show the bufferyard required for both properties. ROCHESTER CITY CODE 8200 County Road 116  Corcoran, MN 55340 763-420-2288  www.corcoranmn.gov MEMO Meeting Date: October 27, 2022 To: City Council From: Natalie Davis McKeown, Planner Re: City Code Updates – Planned Unit Development ____________________________________________________________________ Updating the Planned Unit Development (PUD) ordinance was identified as one of the Top 4 priorities to address in the remainder of 2022. Staff and Council held an in-depth work session to review the PUD ordinance at the July 28, 2022. Direction was provided to staff to identify some basic standards for PUDs as well as create a points system to aid in the review of public benefits offered by PUD proposals. Additionally, it was stated at this meeting that the Council desired all future PUDs to be subject to a 4/5 majority vote. Enclosed are proposed verbiage updates to the City’s existing ordinances that incorporate the feedback and stated goals provided at the work session. Also enclosed is a draft PUD Point System based on the benefits identified as desirable during the work session. There are a couple of items staff would like to note in review of the drafts. First, Natalie reached out to the City Planner (Peter Vickerman) with Maple Grove to discuss the pros and cons of their point system. He confirmed the points system has proved helpful for staff to leverage negotiations with developers. He stated that their experiences proved that smaller PUDs do not have enough land to meet 75% of the possible points. He recommends that the point system only apply to PUDs of at least 30 acres. The proposed ordinance update reflects this recommendation. Secondly, the City Attorney confirmed the City can require a 4/5 majority vote for PUD approvals. However, there are some practical ramifications to consider as this change moves forward. Staff has yet to see a proposal for a non-PUD plat in a low-density residential area that can comply with the Comprehensive Plan’s 3-5 unit/acre density. This means that until the performance standards are addressed in underlying zoning districts (or density targets are changed in the Comprehensive Plan), those seeking to subdivide their land will struggle to propose anything but a PUD. There is concern that Agenda Item: 2ii. the proposed changes to the PUD ordinance in addition to requiring a 4/5 majority vote will make it difficult for developers to have a viable pathway forward to comply with the City’s controlling documents. Furthermore, the City Attorney advised that requiring a 4/5 majority vote can create situations where the City may need to defend a decision based on findings of fact opined by the minority of the Council. He advised that when this happens, the findings of fact are often less than ideal to defend a denial should an applicant choose to push-back on the decision (for example, arguing bias and/or an improper application if they believe the standards have been met for approval). The Council is asked to provide staff with feedback on the drafted changes. If the Council is generally satisfied with the drafts with fairly minor changes proposed, the Zoning Ordinance Amendments could be scheduled for a public hearing at the December Planning Commission meeting. If extensive changes and/or an additional review is desired, staff and Council should discuss the anticipated timeline. Attachments: 1.Draft Zoning Ordinance Amendment to Section 1040.140 PUD (Planned Unit Development) 2.Draft Zoning Ordinance Amendment to Section 1070.010 Zoning Amendments (Text and Map) 3.Draft Corcoran PUD Points System 1040.140 – PUD (PLANNED UNIT DEVELOPMENT) Subd. 1. Purpose. In return for greater flexibility in site design requirements, the Planned Unit Development (PUD) district is expected to deliver creative community designs of exceptional quality. PUDs shall honor the rural character of Corcoran by prioritizing nature through preservation, restoration, and/or enhancement of the natural systems that sustain the City. PUDs will include a combination of public benefits such as above-average open space amenities; incorporate creative design in the layout of buildings, open space, and circulation; assure compatibility with surrounding land uses and neighborhood character; and provide greater efficiency in the layout and provision of roads, utilities, and other infrastructure. The purpose of the PUD, Planned Unit Development District, is to promote creative and efficient use of land by providing design flexibility A PUD can be used in the development of residential neighborhoods and/or nonresidential areas in a manner that would not be possible under a conventional zoning district. The decision to zone property to PUD is a public policy decision for the City Council to make in its legislative capacity. Subd. 2. Intent. The intent of this district is to include most of the following: I. Provide for the establishment of PUD districts in appropriate settings and situations to create or maintain a development pattern that is consistent with the City’s Comprehensive Plan. II. Potentially Aallow for the mixing of land uses within a development when such mixing of land uses is determined to be compatible with the surrounding area and could not otherwise be accomplished under the existing zoning and subdivision regulations. III. Provide for variations to the strict application of the land use regulations to improve site design and operation, while at the same time incorporating design elements, e.g. construction materials, landscaping, lighting, etc., that exceed the City’s standards to offset the effect of any variations. Desired design elements may include: innovative design, integration of historical or rural structures and design elements, utilization of new technologies in building design, special construction materials, additional landscaping, creating parking and pedestrian connections, stormwater management, pedestrian-oriented design, or transitions to residential neighborhoods. IV. Promote more creative and efficient approach to land use within the City, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the City. V. Preserve and enhance natural features, and open spaces, trees, and scenic views. VI. Maintain or improve the efficiency of public streets and utilities. VII. Ensure appropriate transitions between differing land uses. VIII. Ensure high quality of design and designs that are compatible with surrounding land uses, including existing and planned. Subd. 3. Application Applicability. A PUD district shall not be established for parcels guided in the Comprehensive Plan for Rural/Ag Residential and Rural Service/Commercial, except where allowed for an Open Space Preservation Plat. It will be used in areas guided Mixed Use or Mixed Residential on the Land Use Plan and in other areas where A PUD district can be established for parcles guided in the Comprehensive Plan as any other land use designation than those stated above when the City finds that the proposal meets the intent of this the PUD district. Subd. 4. Allowed Uses. All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the underlying zoning districts shall be treated as potentially allowable uses within a PUD district. Uses within the PUD will generally be limited to those uses considered associated with the general land use category shown for the area on the City’s Comprehensive Plan. A. Low Density Residential. PUDs located on land that is guided for existing and low density residential shall be limited to permitted and accessory uses in addition to uses allowed by conditional, interim, and/or administrative permit as contemplated with the following single-family residential districts: RSF-1, RSF-2, and RSF-3. B. Presumption of Underlying Zoning District. I. PUDs located on land that is guided as one of the land use designations in the table below will be presumed to include permitted and accessory uses in addition to uses allowed by conditional, interim, and/or administrative permits of the underlying zoning district(s) associated with the land use designation. Land Use Designation in Comprehensive Plan Underlying Zoning District Medium Density Residential RMF-1 Mixed Residential RMF-2 High Density Residential RMF-3 Mixed Use GMU and DMU Commercial C-1 and C-2 Business Park BP Light Industrial I-1 Public/Semi-Public PI II. Additional uses not contemplated in the underlying zoning district may be approved by Ordinance if the Council determines such uses to be compatible with the intent of the underlying zoning district. C. Mixed Use. PUDs located on land guided as mixed use are expected to include a combination of residential and commercial uses. Subd. 5. Presumptive Performance Standards. Lot Dimensions, Setbacks and Building Heights. The district regulations (e.g., minimum lot dimensions, building height, and building coverage ratio) of the most closely related underlying zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purpose and intent described in this Section. Subd. 6. Design Standards. The PUD plan establishes the requirements for a PUD and shall govern land uses and design. The following is a list of minimum standards required of PUDs: A. Appropriate Integration. PUDs shall be appropriately integrated into existing and proposed surrounding development. This does not mean the PUD reflects the specific standards of the surrounding area such as lot size, density, setbacks, or design. While integration may be achieved through such standards, it may also be achieved through continuation of existing land use types, architectural transitions, landscaping buffering, or other means. B. Variety and Enhanced Design. Since PUDs are expected to exceed standards, most residential PUDs should include a wide variety of styles. Style refers to the exterior image and footprint, not the floor plan. Where a wide variety of styles does not make sense, the PUD should include enhanced building design that exceeds underlying standards. I. PUDs with detached homes must provide house elevations for approval. There should be no less than 5 styles of detached homes. II. PUDs with attached homes (not including apartment buildings) must include no less than 2 styles. III. For PUDs without a residential component, applicants must provide material boards with renderings for design evaluation. C. Open Space. A PUD which includes dwellings shall provide at least 15% of the project area as open space. If the PUD is to be developed in phases, the applicant must include the entire site in the plat of the first phase of development and designate as open space. Open space is a landscaped area of areas available for the common use of and is accessible by all residents or occupants of the buildings within the PUD. Open space shall be calculated on a net basis which excludes private yards, private streets from back of curb to back of curb, public rights-of-way, any areas within an easement; or any other non-recreational impervious surface area. Dedicated parkland shall not be used in calculating open space for a development. The applicant shall be required to submit an open space plan along with the PUD development plan. The open space plan will ullustrate the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area. D. Perimeter Buffer. PUDs shall provide a landscaping buffer to screen homes from arterial and major collector roads. E. Public Accessibility. When a PUD includes natural features such as creeks, streams, ponds, and lakes, the PUD shall provide public access to these features. F. Impervious surface coverage. Impervious surface coverage is expected not to exceed the following standards: Uses Maximum Impervious Surface (Percent) Detached homes 38% Attached homes 40% Apartments and Condominium 42% Institutional Uses 45% Industrial Uses 70% Business Office Uses 80% Commercial Retail 90% Mixed Uses of Housing with Retail, Office, or Business 90% G. Discretionary Standards. In addition to the above standards, the City Council may impose such other standards for a PUD project as are reasonable and as the Council deems are necessary to protect and promote the general health, safety, and welfare of the community and surrounding areas. H. Prohibited Features and Modifications. I. No design standards shall be modified in any way which violates or compromises the fire and safety codes of the City. II. The City will not grant side setbacks that result in less than a 15-foot minimum required separation between two detached dwellings. III. PUDs with detached homes shall be designed to avoid interior perimeter roads that are parallel to arterial roadways. Roadways should be curvilinear wherever feasible with a variety of building orientation along arterial roadways. IV. PUDs cannot request flexibility from meeting the minimum required screening and/or buffering standards otherwise required in the Zoning Ordinance. Subd. 7. PUD Benefits. PUDs are expected to provide a combination of public benefits in exchange for flexibility in Zoning Ordinance requirements. A. All new PUDs of 30 or more acres that have not submitted a PUD sketch plan for City Council review prior to January 1, 2023 shall be reviewed against Corcoran’s PUD Point System, which is on file at City offices and is hereby made a part of this Section. Projects of 30 acres or more must receive a minimum score of 75% of the applicable and attainable points for the project in order for the City Council to consider approval of the PUD. B. An applicant may petition for credit of a proposed PUD benefit that is not captured by Corcoran’s PUD Point System and is not otherwise required in the underlying zoning district. However, if the petition is granted, the PUD benefit shall only be allotted up to 10 points. C. Projects less than 30 acres shall provide at least three public benefits contemplated within Corcoran’s PUD Point System. An applicant may petition for credit of a proposed PUD benefit that is not captured by Corcoran’s PUD Point System. However, if the petition is granted, the remaining two PUD benefits must be based on the PUD Point System. Subd. 68. Processing Procedures. The general sequence for application, review and action on a PUD shall be according to the following procedures: A. Pre-application Conference Prior to filing of an application or submittal of a sketch plan the applicant shall arrange for and attend a conference with the Zoning Administrator. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area and its conformity to the provisions of this district prior to incurring substantial expenditures in the preparation of plans, surveys, and other data. B. Neighborhood Meeting Prior to filing an application or submittal of a PUD sketch plan, the applicant shall arrange and conduct a neighborhood meeting with notice provided to property owners within at least 350 feet of the desired site’s perimeter. The primary purpose of this meeting shall be to provide information on a proposed development to surrounding neighborhoods and allow feedback to be provided and incorporated early in the process. C. PUD Sketch Plan Prior to filing a preliminary PUD development plan application, the applicant shall submit a sketch plan of the project to the Zoning Administrator prior to submission of a formal application. The Zoning Administrator shall refer the sketch plan to the City Council for discussion, review and informal comment. Any opinions or comments provided to the applicant shall be considered advisory only and shall not constitute a binding decision on the request. The purpose of the sketch plan is to inform the City of the applicant’s intentions and to inform the applicant as to the general acceptability of the proposal before extensive costs are incurred. The PUD Sketch Plan shall be conceptual in nature but shall be drawn to scale and shall contain at a minimum the following: 1. Location map showing the location within the City and more detailed locations on half-section plat maps showing all perimeter property lines. 2. Aerial photograph of the area. 3. General location of all identified natural resources and wetland inventories on and abutting the premise. 4. General location of existing and proposed structures. 5. Tentative access, circulation and street arrangements, both public and private. 6. Amenities to be provided such as recreational areas, open space, walkways, parking, landscaping, etc. 7. A representative example of the style of structures to be constructed. 8. Proposed public sanitary sewer, water and storm drainage. 9. A general statement of concept, identifying the intent of the project and compatibility with the surrounding area. 10. Extent of and any proposed modifications to land within the Overlay Districts as described and regulated in Section 1050. 11. Any other items as may be deemed necessary by City staff. (Ord. 286, passed 9-25-14) D. Preliminary PUD Development Plan The purpose of the preliminary PUD development plan is to establish the intent, density, and intensity of the proposed development. Upon receipt of the complete application for rezoning to PUD and the preliminary PUD development plan, the item shall be scheduled for a public hearing at the Planning Commission. The Planning Commission shall conduct a public hearing in accordance with the provisions of the City’s Code. Upon due consideration, the Planning Commission shall make a recommendation to the City Council. Following the Planning Commission recommendation, the City Council shall consider the rezoning request and preliminary PUD development plan. At this meeting the City Council shall receive the recommendation from the Planning Commission and a report from the City Staff. Upon due consideration the City Council shall approve, disapprove, or approve with specified modifications and/or conditions by majority vote. If a preliminary development plan has been denied by the City Council, the owner or applicant may not reapply for the same or similar on the same property for a six (6) month period following the date of the denial. E. Final PUD Development Plan The applicant shall submit a final PUD development plan to the City. The Planning Commission shall review the final plan in accordance with the provisions of this Section. The Planning Commission shall review the application to ensure that the proposed final PUD development plan is in substantial conformance with the approved preliminary PUD development plan. Upon due consideration the Planning Commission shall make their recommendation to the City Council. Following the Planning Commission recommendation, the City Council shall consider the final development plan. Upon due consideration the City Council shall approve, disapprove, or approve with specified modifications and/or conditions by majority vote. If the applicant desires, and the City Council concurs, the preliminary and final development plans may be processed concurrently, provided all items required for both applications are submitted. The rezoning of the property defined in the development plan shall not become effective until such time as the City Council approves an ordinance reflecting said amendment, which shall take place at the time that the City Council approves the final development plan. Subd. 7 9. Required Findings. The Planning Commission and the City Council shall find the following prior to the approval of a preliminary development plan or final development plan: A. The planned development is not in conflict with the Comprehensive Plan. B. The planned development is not in conflict with the intent of the underlying zoning district and is compatible with surrounding land uses. C. The planned development is not in conflict with other applicable provisions of the City’s Zoning Ordinance. D. The planned development or unit thereof is of sufficient size, composition, and arrangement that its construction, marketing, and/or operation is feasible as a complete unit without dependence upon any other subsequent unit or phase. E. The planned development will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. F. The planned development will not have an undue and adverse impact on the reasonable enjoyment of the neighborhood property. G. The quality of the building and site design proposed by the PUD plan shall substantially enhance the aesthetics of the site, shall demonstrate higher standards, more efficient and effective uses of streets, utilities and public facilities, it shall maintain and enhance any natural resources within the development, and create a public benefit that is greater than what would be achieved through the strict application of the primary zoning regulations. Subd. 8 10. Preliminary Development Plan Content. The intent of the preliminary development plan is to allow City review of site plan and general development issues, without the need for detailed architectural plans. The applicant shall submit preliminary development plans which include the following: A. A location map which indicates existing and future land uses. B. Maps of existing and proposed site features and uses at a minimum scale of 1” = 100’ scale which indicates topography in two-foot contours; building outlines; location of significant vegetation; water bodies and wetlands; location of streets, drives and parking areas; and other significant features. C. A site plan showing all proposed structure and building locations including signs. Plans shall note structure height, general architectural design features and anticipated exterior materials. D. A preliminary circulation plan indicating pedestrian and vehicular movement systems. This plan shall also include service access and screening for receiving material and trash removal. E. Preliminary drainage, grading, utility and erosion control plans. F. A concept landscaping plan illustrating preservation of existing vegetation, and new landscaping and buffer areas. G. A written report which describes the proposed uses, indicates covenants or agreements which will influence the use and maintenance of the proposed development, describes the analysis of site conditions and development objectives which has resulted in the planned development proposal, and statement of which primary zoning district provisions are being modified by the planned development. H. A shift of density or intensity of the plan, if applicable. For example, a ten-acre site with seven acres of “Commercial” guiding and three acres of “Medium Density Residential” guiding could be developed with 70 percent of the land area commercial and 30 percent of the land area at the Medium Residential density identified in the Comprehensive Plan. This type of shift would only be allowed as part of a PUD and the location of uses within the site would be determined as part of the PUD process. This implementation technique would not require an amendment to the Land Use Guide Plan Map. I. Any other information deemed necessary by the City Staff in order to evaluate plans. J. Twenty copies of the above information shall be submitted no larger than 11 x 17 inches. K. Five copies of the above information shall be submitted on 24 x 36 inch sheets. L. For City initiated rezonings to Planned Unit Development District, the preliminary development plan may consist of any information deemed necessary to identify and protect the public interest. Subd. 9 11. Final Development Plan Content. The final development plan shall include all of the information required for submission of the preliminary development plan plus architectural plans, detailed site, landscaping, grading and utility plans and all additional information which was requested by the planning commission as a result of its review of the preliminary plan. The final plan shall incorporate all recommendations of the planning commission and City Council, or shall indicate how the final plan fails to incorporate the commission's recommendations. The final plan shall also include and reflect all changes in preliminary plan data since the submission of the preliminary plan. The applicant shall submit final development plans which include the following information: A. A location map which indicates existing and future land uses. B. Maps of existing and proposed site features and uses at a minimum scale of 1”=100’ scale which indicate topography in two-foot contours; building outlines; location of significant vegetation; location of streets, drives and parking areas; and other significant features. C. Detailed drawings of all proposed structure elevations, including scaled elevations and exterior building materials of all buildings and signs. Samples of all proposed materials which will be used on the exterior of structures may be required with the elevation drawings. D. Proposed floor plans for all floor levels of multi-family and non-residential buildings, including locations of electrical, mechanical and gas metering equipment, and storage areas for trash and recyclable materials. E. A landscape plan indicating tree, shrub and ground cover species, size, provisions for plant material watering. F. A final circulation plan indicating pedestrian and vehicular movement systems. This plan shall also include service access for receiving and trash/recycling removal. G. A lighting plan showing foot-candle levels, luminaire location, fixture type and height. H. Rooftop equipment and screening plan and elevation drawings of rooftop equipment and screening of views from adjacent streets and property. I. A final drainage, grading, utility, and erosion and sedimentation control plan. Such plans shall comply with the requirements of this Ordinance. J. Identification and delineation of all wetlands on the site including preservation and filling and mitigation. K. A written report which completely describes the proposal and indicates covenants or agreements which will influence the use and maintenance of the proposed development, describes the analysis of site conditions and development objectives which has resulted in the planned development proposal, describes any changes from the approved preliminary development plan, and statement of which primary zoning district provisions are being modified by the planned development. L. A shift of density or intensity of the plan, if applicable. For example, a ten-acre site with seven acres of “Commercial” guiding and three acres of “Urban Residential” guiding could be developed with 70 percent of the land area commercial and 30 percent of the land area at the urban residential density identified in the Comprehensive Plan. This type of shift would only be allowed as part of a PUD and the location of uses within the site would be determined as part of the PUD process. This implementation technique would not require an amendment to the Land Use Guide Plan Map. M. Any other information deemed necessary by the City Staff in order to evaluate plans. N. Twenty copies of the above information shall be submitted no larger than 11 x 17 inches. O. Five copies of the above information shall be submitted on 24 x 36 inch sheets. Subd. 10 12. Performance Guarantees A. The City Council shall require the owner and developer of a PUD to execute a development agreement which may include, but not be limited to, the approved development plan, conditions of approval, association and maintenance agreements, and a time table for construction. B. The City Council shall require an applicant for PUD rezoning/development plan to provide a financial guarantee in accordance with Section 1070.050 of this Chapter to insure that the development will be executed in performance with the approved final PUD development plan. C. The City Council is empowered to require that all required improvements be constructed and completed prior to the issuance of any occupancy permits. D. Construction of each PUD development shall be commenced within one year after the effective date of the PUD rezoning by the City Council. Upon good cause shown, the City Council may extend the time for one additional year. If construction is not commenced within these time periods, any building permits issued for the PUD shall be void and the Planning Commission may initiate proceeding to rezone the subject property. E. Any building permit issued for construction pursuant to PUD rezoning shall be valid only so long as there is compliance with the final development plan as accepted by the City Council. Subd. 11 13. Changes To Final Development Plans. Minor changes to final development plans adopted by the City Council may be approved by the City Administrator, provided that the changes do not involve the following: A. Increase in floor area of structures or number of dwelling units. B. Change in exterior building material. C. Alteration of any condition attached or modification to the final development plan made by the City Council. D. A major change to a final development plan which is at variance with any standards of the City Code or is less restrictive than any conditions of approval for the initial final development plan, shall require approval by a majority vote of all members of the City Council. (Ord 348, passed 05-25-17, Ord. 378, passed 09-13-18) SECTION 1070 – ADMINISTRATION, PERMITS AND PROCEDURES 1070.010 – ZONING AMENDMENTS (TEXT AND MAP) Subd. 1. Procedure. An application for an amendment to the Zoning Ordinance or Zoning Map shall be approved or denied, pursuant to Minnesota Statutes 15.99. Additional City requirements are as follows: A. Request for rezoning (text or map) shall be filed with the Zoning Administrator on an official application form. A non-refundable fee as set forth in the City Code shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use, shall also accompany such application. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements. B. Upon completion of preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. C. Notice of said hearing shall be mailed to all owners of land within 350 feet of the boundary of the property in question. This provision shall not apply in the case of a rezoning if the amendment affects an area greater than five (5) acres pursuant to Minnesota Statutes §462.357. D. Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth within this Chapter. E. Notice of said hearing shall also be published in the official newspaper at least 10 days prior to the hearing and consist of: 1. Legal property description. 2. Description of request. 3. Map detailing property location. F. The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter. G. The applicant or a representative thereof may appear before the Planning Commission in order to present information and answer questions concerning the proposed request. H. The Planning Commission shall make findings of fact and a recommendation on the request. Such recommendations shall be accompanied by the report and recommendation of the City staff. I. The City Council shall not act upon an amendment until they have received a report and recommendation from the Planning Commission and the City staff. J. Upon receiving said reports and recommendations of the Planning Commission and the City staff, the City Administrator shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. K. Upon receiving said reports and recommendations, the City Council shall have the option to set and hold a public hearing if deemed necessary. L. The applicant or a representative thereof may appear before the City Council in order to present information and answer questions concerning the proposed request. M. For any application that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial, approval shall require passage by a two-thirds vote of the full City Council. Approval of any other proposed amendment shall require passage by a majority vote of the full Council. N. For any application requesting a rezoning to a Planned Unit Development District, approval shall require passage by a two-thirds vote of the full City Council. Approvals of any other proposed amendment shall require passage by a majority vote of the full Council. O. The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment. P. Whenever an application for an amendment has been considered and denied by the City Council, the Planning Commission or City Council shall not consider a similar application for an amendment affecting substantially the same property again for at least 6 months from the date of its denial. A subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by not less than a majority of the full City Council. Corcoran PUD Points System 1. Placement of uses so as to integrate with adjacent uses. Purpose: To reward developments that make connections to adjacent properties and uses. Criteria: Points will be awarded if there is an opportunity to connect adjacent uses and such connections are made. If no opportunities exist, the category will be eliminated. 25 points maximum for the following: - 5 points will be awarded for placing features, such as private parks and conservation areas, contiguous to existing or planned private parks or conservation areas (as long as there was a choice to put it somewhere else.) - 10 points will be awarded if there are no restrictions for public access to these areas. Public parks are not included. - 5 points will be awarded if there is a conscious effort to link the neighborhood to public or semi- public uses (schools, religious institutions, etc.). - 5 points will also be awarded for developers who give adjacent development the opportunity to link to the development in question. 2. Collaboration with adjoining landowner(s). Purpose: To encourage an open dialogue between many landowners. Criteria: Points will be awarded on a case-by-case basis when collaboration is demonstrated. 10 points maximum Applicants must host a neighborhood meeting early in the process as part of the PUD process. Applicants will get collaboration points if they demonstrate that they incorporated feedback and continued ongoing discussions in an effort to work with neighboring property owners to create a more unified plan for the larger neighborhood. Collaboration may also offer a better chance to gain points in other categories. 3. Appropriately located neighborhood scale commercial/office uses. Purpose: To reward developments that provide small scale commercial/office uses. Criteria: Points will be awarded on a case-by-case basis. Category will be considered on a very limited basis. This category is typically not applied to land guided as low-density residential in the City’s Comprehensive Plan; however, consideration will be given to appropriately located non-residential uses contemplated in RSF- 1, RSF-2, or RSF-3 (e.g., daycare facilities, educational facilities, and places of worship). 10 points maximum 4. Percentage of units within ¼ mile of an identifiable neighborhood focal point. Purpose: Encouragement to give new neighborhoods a unique identity and to serve as an ordering device. Criteria: Precent of units / 2 50 points maximum Examples include the following: parks, greens, squares, monuments, historic structures (silos, barns, granaries, foundations, community gardens, etc.). 5. Distribution of attached units. Purpose: Encourage smaller clusters of attached units. Criteria: Points = (50 – A) A = the largest percentage of attached units in any one group. 40 points maximum Example: If there are 100 attached units in a project, and the largest group has 30 units in it, then 20 points would be awarded. Under this criterion, a PUD must have at least 3 groups of attached units to get any points. 6. Creation of open space using multi-story buildings. Purpose: Promote the creation of open using multi-story buildings. Criteria: Points will be awarded if it was demonstrated that the applicant had purposefully used multi-story buildings for the purpose of creating open space. 10 points maximum This criterion wouldn’t apply to PUDs for land guided as existing residential or low density residential in the City’s Comprehensive Plan. 7. Visual Termini Purpose: Encourage the placement of monuments, statutes, gazebos, or other landmarks at the end of streets. Criteria: Points will be awarded if visual termini are provided. 5 points maximum 8. Attached units are embedded. Purpose: Reduce the amount of attached units visible from arterial roadways. Criteria: Points = (50 – A) / 2 Where A = (% of the perimeter roadway in linear feet with attached units). 25 points maximum Examples: A development has 1,000 linear feet of arterial roadway and 200 feet of the arterial roadway has attached units adjacent to it. “A” = 20 so Points = (50 -20) / 2 = 15 Only areas where there is an opportunity to build units will be included in the total perimeter measurement. Wetlands or otherwise unbuildable areas will not be included. Attached units are not considered to abut the ROW if there is an outlot or feature between them and the ROW if the area is landscaped and/or has a setback exceeding 50 feet. If the percentage of ROW with abutting attached units is over 50%, the development will get negative points in this category. This criterion is only applicable to proposals with land guided as low-density, medium-density, or mixed residential. Areas guided for high-density and mixed use are not subject to this criterion. 9. Exceptional landscaping to buffer homes from arterial and major collector roads. Purpose: Buffer homes from major roadways. Criteria: Score will be based on criteria below: - At least 70% evergreen trees but no more than 85% - Undulating berms - Decorative open fencing - Understory trees and shrubs - All vegetation must be salt tolerant - Retention of existing woods may qualify as well 50 points maximum 10. Percentage of units within 1,000 feet walk from a park. Purpose: Promote location of parks within a short walk form people’s homes. Criteria: Percentage / 10 10 points maximum Measured along roadways and/or trails. 11. Internal Trail Connections Purpose: Encourage the creation of off-road trails within a neighborhood. Criteria: Points will be awarded for the creation of internal trails to provide pedestrian and/or bicycle movement within a development. 10 point maximum 12. Cul-de-sacs are open ended Purpose: Foster the creation of pedestrian and bicycle connections or trail systems along arterial and collector roadways. Criteria: Points = (% of cul-de-sacs that are open ended) / 20 5 points maximum Cul-de-sac with a trail connection to the arterial at the end. 13. Open Space is consolidated and usable. Purpose: Create open space areas that can be usable to the neighborhood, either passively or actively. Criteria: Points will be awarded based on the following guidelines: - Buildings should be organized around the open space. - Open space should be a framing and organizing feature. - Open space should be accessible to the local population (within the neighborhood). - Open space should be designed in such a way that it doesn’t appear like it is someone’s backyard. - Stormwater ponds should be incorporated as a design feature. 25 points maximum 14. Open space is connected with green (natural) corridors. Purpose: Connect open spaces and reduce the occurrent of isolated open space areas. Criteria: Points will be awarded for linking open space areas with natural corridors. 10 points maximum Combining open space areas, trails, and storm ponds is a good way to get points in this category. 15. Viable open space master plan is created. Purpose: Encourage developers to create a unified open space plan for their proposed neighborhoods and to use that open space as an organizing device for the neighborhood. Criteria: Points will be awarded for providing a plan that highlights open space areas and the pedestrian corridors and connections between them. 5 points maximum 16. Natural resources and features are retained. Purpose: Encourage the preservation significant or unique natural resources and/or topographical features if they exist. Criteria: Points will be awarded if significant and unique natural features are retained. (Examples include trees, ravines, hilltops) 20 points maximum 17. Extensive internal landscaping. Purpose: Encourage a larger amount of landscaping than required by code. Criteria: (% of landscaping units above minimum) / 10 10 points maximum Examples: 100 units required, 120 units provided = 2 points 18. Use of native plants in landscaping. Purpose: Use vegetation that is better adapted to our climate to reduce water consumption and required maintenance. Criteria: Points will be awarded if all landscaping uses appropriate species native plants. 5 points maximum 19. Existing rural structures are retained and/or reused Purpose: Preserve existing structures that have historical value Criteria: 10 points awarded if a structure is retained Up to 5 bonus points are awarded for the preservation of a silo. 10 points maximum with up to an additional 5 bonus points. Incorporation of existing structures, foundations, etc., into the development for aesthetic and historic preservation purposes. Examples are barns, silos, foundations, etc., If structures are structurally unsound and safety requirements demand they be removed, a developer would not be penalized for their removal. Historic structures can be used as identifiable neighborhood centers if integrated into park/open space. Bonus Categories 20. Natural restoration work Purpose: Reward developments that restore wooded areas, prairies, wetlands, soils, etc. Criteria: 1 point per acre of restoration 10 points maximum Buckthorn removal would qualify. 21. Extraordinary environmental protection Purpose: Reward any other unregulated environmental protection that has not already been addressed. Criteria: Points would be awarded for other extraordinary environmental protection that hasn’t been addressed. 10 point maximum 22. Areas of parkland, woodland, or other open space (above minimum) Purpose: Encourage creation of open space areas in a development, whether they are active park areas in a development, whether they are active park areas or passive woodland areas or other open space. Criteria: 1 point per acre of dedicated parkland (acceptable to the City) or other open space areas that are in outlots or conservation easements. No maximum points. Wetlands and areas on steep slopes would not count. Open space areas must be 50 feet or larger in the smallest dimension to be counted in this category.