1060.070: - LANDSCAPING

Subd. 1. Purpose. The purpose of this Ordinance is to provide for a diversity of landscaping plant materials and design elements within the City through the establishment of minimum standards for landscape plans and maintenance requirements for required landscaping.

Subd. 2. Required Landscaping and Maintenance. Prior to approval of a building permit, all semipublic, non-residence uses, and residential developments of four units or more, shall be subject to a mandatory landscape plan and specification requirements. Residential developments of less than 4 units shall not require a landscape plan but shall be required to install a minimum number of trees as outlined in this Section, item G.

• A. The landscape plan shall be developed with an emphasis upon the boundary or perimeter of the proposed site at points adjoining other property and the immediate perimeter of the structure.

• B. Required Ground Cover. The lot area remaining after providing for off-street parking, offstreet loading, sidewalks, driveways, building site and/or other requirements shall be sodded or seeded and mulched within 30 days of building occupancy or a financial guarantee shall be provided to guarantee said installation.

• C. Required Plantings. In addition to required ground cover specified in Subd. 2(B) above and exclusive of required buffering or screening, all new development shall be landscaped using ornamental grass, shrubs, trees or other acceptable vegetation or treatment generally used in landscaping within one year following the date of building occupancy. Where landscaping is required as part of City approvals, any plant material that is diseased or dies shall be replaced with a like kind of the original size. No landscaped area shall be used for the parking of vehicles or for the storage or display of materials, supplies or merchandise, unless specifically approved by the City.

• D. Minimum Size Requirements. All plants must at least equal the following minimum size:

Table 1 - Minimum Plant Size Requirements

• E. Spacing. Plant material centers shall not be located closer than 3 feet from the fence line or property line and shall not be planted to conflict with public plantings based on the judgment of the City staff.

• F. Types of Plantings. The landscape plan shall be reviewed by City staff to ensure that appropriate plant materials are used to accomplish the intent of the landscaping, including screening where required.

• G. Number of Plantings. The minimum number of plantings on any given site shall be as follows:

  1. Residential uses shall provide a minimum of one overstory tree per dwelling unit.

  2. Non-Residential Uses. Non-residential uses shall contain at a minimum:

• a. One overstory tree per 1,000 square feet of gross building floor area or one tree per 50 lineal feet of site perimeter, whichever is greater.

  - b. One understory shrub for each 300 square feet of building or one tree per 30 lineal feet of site perimeter, whichever is greater. 
  

  3. Understory Trees. Up to 50 percent of the required number of overstory trees may be substituted with the use of understory trees in combination with other design elements. In such cases, not less than 3 understory trees shall be provided for each one required overstory tree substituted.

  4. At the sole discretion of the City, a portion of the total number of required trees for any development may be planted at a public location when it is determined by the City that site constraints or existing vegetation limit the ability to plant on site. Cash fees based on the estimated cost of materials and installation of required materials may be substituted for public location planting at the discretion of the City.

  5. No more than 33 percent of the required number of trees shall be of one species.

• H. Irrigation. Underground irrigation shall be required on all new multi-family and nonresidential development where municipal water is available.

• I. Landscape Guarantee. All new plants shall be guaranteed for 2 full years from the time planting has been completed. All plants shall be alive and in satisfactory growth at the end of the guarantee period or be replaced per the approved plan. Security in the form of letter of credit or cash shall be provided to guarantee the installation per the approved plan.

• J. Required Screening and Buffering.

  1. Buffer Yards.

     • a. Definition. For the purpose of this Section, a buffer yard shall be a land area containing landscaping, berms, fences, or some combination thereof used to promote orderly transition between developments and to minimize the adverse impacts of

differing land uses. Buffer yards shall be preserved in perpetuity by an easement or an outlot.

• b. Required Buffer Yard. A buffer yard shall be required when a developing property is adjacent to or across a local street from property in a less intensive zoning district.

  • i. The buffer yard standards only apply to the parcels abutting the conflicting zoning district.

  • ii. Parcels within the same development are not required to adhere to the buffer yard requirements. The buffer yard requirement applies only to the perimeter of the development.

  • iii. A buffer yard shall not be required for new developments adjacent to or across a local street from a permanently undevelopable parcel, such as an outlot for stormwater ponds, but shall be required adjacent to outlots that may be developed in the future.

  • iv. A buffer yard shall not be required for existing developed parcels if they are replatted as long as there is no change in use or building expansion.

• c. Responsibility. Provision of buffer yards shall be the responsibility of the more intensive use and shall be required at the time of development.

• d. Location of Buffer Yard. Buffer yards, when required, shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line.

  • i. Buffer yards shall not be located on any portion of an existing or dedicated public right-of-way or private street easement, unless otherwise specified by this ordinance.

  • ii. Buffer yards may be located within required yard setbacks. Structures must comply with both the setbacks in the zoning district and the buffer yard requirements.

• e. Determination of Buffering Level. This subsection applies to proposed developments that are adjacent to an existing residential neighborhood. Matching the development to the adjacent existing neighborhood in the following chart determines the level of buffering required.

  • i. If the proposed development is in a PUD zoning district, the underlying zoning district used to establish the PUD shall be used to determine the buffering level.

  • ii. A buffer level of "X" denotes a buffer yard is not required.

  • iii. Perimeter Setback. For a buffer yard requirement noted with an asterisk (*) in Table 2, the development is required to maintain side and rear setbacks equivalent to the rear setback requirement. No additional buffer plantings are required in the setback.

Table 2 - Determination of Buffering Level

• 1 Zoning district RMF includes RMF-1, RMF-2, and RMF-3

• 2 Zoning district C includes DMU, GMU, CR, C-1, and C-2

  • f. Options for Buffer Yard Classes. The following table is used to list appropriate landscape buffer options to fulfill the requirements of the buffer yard classes in Table 2 of this Section. Proposed alternatives must be approved by City Council.

Table 3 - Buffer Yard Options

1 per 100 feet of distance

2 Requirement must be met by shrubs, tall native prairie plantings, or a combination deemed acceptable by the City

• 3 Fences are subject to requirements in Section 1060.080

• 4 A local road fulfills the Buffer Yard Class A requirement

  • g. Planting Requirements.

    • i. All plantings shall be subject to the size and spacing requirements in Subd. 2(D) and 2(E) of this Section.

    • ii. Plantings used to meet the buffer yard requirement shall be native or naturalized species approved by City Council. Naturalized plants are defined as plant species that grow and reproduce outside their native homelands, with little to no effect on their new environment.

  • h. Natural 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 City Council:

    • i. Existing topographical features on vacant lands such as hills and swales.

    • ii. Wetlands, lakes, rivers and streams.

    • iii. Major Roadways. Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

    • iv. Local Roads as shown on the as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan may fulfill the Buffer Yard Class A requirement.

    • v. Existing wooded areas.

  • i. Use of Buffer Yards. Buffer yards shall be left in a predominantly undeveloped state.

    • i. Plantings in addition to those required by this ordinance are permitted.

    • ii. No passive recreation, paths, storage containers, lighting fixtures, raised planting beds or any permanent structures shall be allowed.

    • iii. Temporary structures such as benches shall be allowed.

    • iv. Paving shall be limited to areas necessary to provide access to the subject property.

    • v. Stormwater ponds and bio-retention ponds are allowed in perimeter setbacks. They are allowed to encroach a maximum of 10 feet into required buffer yards.

  • j. Ownership of Buffer Yards. Ownership of the buffer yard will vary depending on whether it is an outlot or an easement.

    - i. Buffer yards shall remain in the ownership of the original developer, or they shall be transferred to any consenting grantees, such as adjoining landowners, a homeowners association, or an open-space or conservation group, subject to City approval. 
    
    - ii. Any such conveyance must adequately guarantee the establishment, maintenance, and protection of the buffer yard for its intended purpose in perpetuity. 
    
    - iii. Easements protecting the buffer shall be recorded against the property and filed at Hennepin County.
    

• k. Enforcement. Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided, shall, upon conviction, be guilty of a misdemeanor. The penalty for any crime that is a misdemeanor under this code, including Minnesota Statutes specifically adopted by reference, shall be identical to the penalty enumerated in Minn. Stats §609.02, Subd. 3, as amended from time to time.

  2. Screening with the use of landscaping, fencing and walls should be accomplished with the existing topography where possible. When the existing topography prohibits effective screening, berming may be used.

     • a. Planting screens are the preferred method of screening. The planting screen shall consist of hardy trees that will provide a minimum of 80 percent opacity year-round. Plantings screens shall contain a mix of overstory and understory plantings and a mix of deciduous and coniferous materials.

     • b. Fences or wall may be used in conjunction with landscaping to provide screening. When required for screening, minimum of 80 percent opacity shall be provided. No landscaping or screening shall interfere with driver or pedestrian visibility for vehicles entering or exiting the premises.

     • c. Earth berms may be used for screening when topography requires the earth berm to adequately screen the property. Berms shall not exceed 3:1 slope.

  3. Parking areas with 4 or more stalls shall be screened from properties guided or zoned residential and from public streets. Screening to a height of at least 3 feet shall be provided to screen vehicle headlights.

  4. Loading and service areas shall be screened from properties guided or zoned residential and from public streets.

• K. Building Setback Flexibility Through Additional Landscaping. A reduction in the required front setback adjacent to arterial streets may be approved by the City Council if the applicant provides landscaping beyond the minimum requirements or preserves significant landscaping in this area. The required setback may be reduced up to 40 percent if the applicant provides a

minimum of one overstory deciduous tree, one overstory coniferous tree, 2 ornamental trees and 10 understory shrubs per 100 feet of the length of the property line where the flexibility is requested, or preserves the equivalent amount of existing trees and shrubs. These materials must be provided in addition to the minimum landscape requirements.

• L. Parking Setback Flexibility Through Additional Landscaping. A reduction in the required front setback adjacent to arterial streets may be approved by the City Council if the applicant provides landscaping beyond the minimum requirements or preserves significant landscaping in this area. The required setback may be reduced to the required front setback from other streets in that district if the applicant provides a minimum of one overstory deciduous tree, one overstory coniferous tree, 2 ornamental trees and 10 understory shrubs per 100 feet of the length of the property line where the flexibility is requested, or preserves the equivalent amount of existing trees and shrubs. These materials must be provided in addition to the minimum landscape requirements.

(Ord. 483, passed 04-27-2023)