HomeMy WebLinkAbout2007-10-26 OPH Ltr to ApplicantCity of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574
October 26th, 2007
Mr. Eric Dove
Manager and Vice- President
Sydney Holdings of Oak Park Heights LC
500 Ford Road
Minneapolis, MN 55426
RE: Request for Rezoning I Text Amendment
Dear Mr. Dove:
As you are aware, based on your presence at the October 23r City Council meeting the
City Council did approve certain amendments to the 8-3 Zoning District but did not
approve any wholesale rezoning. 1 have enclosed for your files a final copy as approved
of the B -3 text amendments.
With this letter I am advising you that the above document concludes the City review of
your request for Rezoning and Comprehensive Plan Amendment of these properties from
B-3 to B-2, (being denied), only the B-3 text amendments are approved.
At this point the City and your group will need to progress on the completion of a
Develop ent Agreement.
Johns
Administrator
know if you have any questions.
Mark Vierling, City Attorney
Scott Richards, NAC
Julie Hultman, Planning File
5 401.300. B -3, HIGHWAY BUSINESS AND WAREHOUSING DISTRICT
401.300.A. Purpose. The purpose of the B -3, Highway Business and Warehousing
District is to provide for the establishment of retail and wholesale sales, storage,
warehousing and limited manufacturing and production. The overall character of the B-
3 District is intended to be transitional in nature, thus uses allowed within this district
shall be limited to those which can compatibly exist adjacent to commercial and lower
intensity activities.
401.300.B. Permitted Uses. The following are permitted uses in a B -3 District:
1. Commercial printing establishments.
2. Commercial /professional offices.
3. Conference centers.
4. Laboratories.
5. Wholesale showrooms.
6. Motels /hotels provided that the lot area contains not less than five hundred (500)
square feet of lot area per unit.
7. Banks, saving institutions, credit unions and other financial institutions without
drive through facilities.
8. Clinics for people only.
9. Indoor commercial recreation not including theatres.
10. Essential services.
11. Government and public utility buildings and structures.
12. Mortuaries or funeral homes.
13. Physical fitness, health service establishments or reducing salons.
14. Retail sales.
15. Commercial service uses.
16. Cellular telephone antennas located on a public structure, as regulated in Section
401.15 of this Ordinance.
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401.300.C. Interim Uses. The following are interim uses in a B -3 District:
1. None.
401.300.D. Accessory Uses. The following are permitted accessory uses in a B -3
District.
1. Commercial or business buildings and structures for a use accessory to the
principal use but such use shall not exceed thirty (30) percent of the gross floor
space of the principal use.
2. Off- street parking as regulated by Section 401.15.F of this Ordinance.
3. Off- street loading as regulated by Section 401.15.F of this Ordinance.
4. Radio and television receiving antennas including single satellite dish TVROs two
(2) meters or less in diameter, short -wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including radio
receivers, federally licensed amateur radio stations and television receivers, as
regulated in Section 401.15.P of this Ordinance.
5. Semi -truck parking.
6. Warehouse facilities as an accessory to a permitted or conditional use.
401.300.E. Conditional Uses. The following are conditional uses in a B-3 District
(Requires a conditional use permit based upon procedures set forth in and regulated by
Section 401.03 of this Ordinance):
1. Drive-throughs for banks provided that:
a. The architectural appearance, scale, construction materials, and functional
plan of the building and site shall not be dissimilar to the existing nearby
commercial and residential buildings, and shall not cause impairment in
property values, or constitute a blighting influence within a reasonable
distance of the site.
b. Vehicular access points shall be limited and create a minimum of conflict
with through traffic movements.
c. Service windows shall be allowed if the following additional criteria are
satisfied:
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2) The stacking area and its access must be designed to control traffic
in a manner to protect the pedestrians, buildings and green area on
the site.
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Not less than one hundred eighty (180) feet of segregated
automobile stacking lane(s) must be provided for the service
window.
No part of the public street or boulevard may be used for stacking
of automobiles.
The stacking lane, service intercom, and service window shall be
designed and located in such a manner as to minimize automobile
and communication noises, emissions, and headlight glare upon
adjacent premises, and to maximize maneuverability of vehicles on
the site. Levels of noise, Tight, and air quality shalt occur and be
measured at property lines and shall satisfy established state
regulations.
Hours of operation shall be limited as necessary to minimize the
effect of nuisance factors such as traffic, noise and glare upon any
neighboring uses.
6) The provisions of Section 401.03.A.7 of this Ordinance are
considered and satisfactorily met.
d. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the Cityiss
ability to provide utility, police, fire, administrative or other services to the
site.
2. Restaurants, cafes, tea rooms, taverns, and off -sale liquor without drive through
facilities provided that:
a. No convenience food establishments with or without drive through or drive
in facilities will be allowed.
b. Take out facilities with food and beverage served on or in disposable
dishes shall not constitute more than ten (10) percent of the food service
business.
c. The use obtains all local, state and federal food and beverage handling
licenses and/or permits.
d. There shall be no excessive noise or odors emitted from the use.
0. There shall be no outdoor storage and/or display.
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f The hours of operation shall be limited as necessary to minimize the effect
of nuisance factors such as traffic, noise and glare upon any neighboring
uses.
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Parking and loading areas are in conformance with the parking and
loading requirements outlined in Section 401.15.F of this Ordinance.
h. The loading spaces shall not be located within the front yard of a lot.
Adequate analysis and provisions are made to resolve issues related to
traffic and demand for services. No use shall be allowed that will exceed
the cityas ability to provide streets, utility, police, fire, administrative or
other services to the site.
The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
3. Open and outdoor storage including the parking of commercial vehicles in excess
of that allowed as a permitted accessory use provided that:
a. The storage area is landscaped, fenced, and screened from view of
neighboring uses and abutting residential districts.
b. Storage is landscaped and screened from view from the public right -of-
way.
c. Storage area is blacktopped or concrete surfaced.
d. Alt lighting shall be hooded and so directed that the light source shall not
be visible from the public right -of -way or from neighboring properties.
e. The storage area does not take up parking space or loading space as
required for conformity to this Ordinance.
f. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the cityAs
ability to provide utility, police, fire, administrative or other services to the
site.
The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
4. Open and outdoor services, sale and rental as a principal or accessory use
including new or used automotive, trucks, boats, or motorized recreational
vehicle and related accessory sales and service provided that:
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a. outside sales areas are landscaped and fenced or screened from view of
neighboring residential uses or an abutting residential district.
b. Alt lighting shall be hooded and so directed that the Tight source shall not
be visible from the public right -of -way or from neighboring residences.
c. Areas are asphalt or concrete surfaced.
d. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the CityAs
ability to provide utility, police, fire, administrative or other services to the
site.
e. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
5. Automobile repair -major and car washes as an accessory use limited only to
new and used automobile dealerships not including truck or other vehicle repair,
provided that:
a. Outside sales areas are fenced or screened from view of neighboring
residential uses or an abutting residential district in compliance with
Section 401.15.E of this Ordinance.
b. Alt lighting shall be hooded and so directed that the light source shall not
be visible from the public right -of -way or from neighboring residences and
shall be in compliance with Section 401.15.B.7 of this Ordinance.
c. Sates and storage area is blacktopped or concrete surfaced and all paved
areas are surrounded by concrete curbing.
d. The architectural appearance, scale, construction materials, and functional
plan of the building and site shall not be dissimilar to the existing nearby
commercial and residential buildings, and shall not cause impairment in
property values, or constitute a blighting influence within a reasonable
distance of the site.
e. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the city
ability to provide utility, police, fire, administrative or other services to the
site.
f. All islands in the parking lot shall be landscaped.
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A strip of not less than ten (10) feet shall be landscaped at the edge of all
parking /driveway areas adjacent to lot lines and the public right -of -way.
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h. Alt automobile repair activities shall be conducted within the principal
structure and the doors to the service bays shall be kept closed except
when vehicles are being moved in or out of the service areas.
1. Facilities on a site contiguous to any residential district shall not be
operated between the hours of 10:00 PM and 6:00 AM unless otherwise
allowed by formal action of the City Council.
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Provisions are made to control and reduce noise in accordance with
Section 401.15.B.11 of this Ordinance.
k. Vehicular access points shall create a minimum of conflict with through
traffic movement, shall comply with Section 401.15.E of this Ordinance
and shall be subject to the approval of the City Engineer.
1. A drainage system subject to the approval of the City shall be installed.
m. Ail signing and informational or visual communication devices shall be
minimized and shalt be in compliance with Section 401.15.G of this
Ordinance.
n. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
6. Auto repair minor, auto repair major limited to those establishments existing as of
the date of this Ordinance amendment, but not including motor fuel stations,
provided that:
a. No building or structure, permanent or temporary, driveway surfaces,
parking areas, advertising devices or other similar site improvements,
except driveways traversing a public road boulevard, shall be located
within one hundred ten (110) feet of any part of a residential district.
b. Sale or products other than those specifically mentioned in this subdivision
be subject to a conditional use permit and be in compliance with Section
401.300.E.4 of this Ordinance.
c. All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the
general welfare and public betterment can be served as well or better by
modifying the conditions.
d. A strip of not less than ten (10) feet shall be Landscaped at the edge of all
parking /driveway areas adjacent to lot lines and the public right-of-way.
e. All automobile repair activities shall be conducted within the principal
structure and the doors to the service bays shall be kept closed except
when vehicles are being moved in or out of the service areas.
f. Hydraulic hoists or pits and all lubrication, greasing, washing, repair or
diagnostic equipment shall be used totally enclosed within a building.
9. Facilities on a site contiguous to any residential district shall not be
operated between the hours of 10:00 PM and 6:00 AM unless otherwise
allowed by formal action of the City Council.
h. Facilities may offer minor auto repairs, but they shall not offer major auto
repairs, the sale or storage of junked cars, or automobile wrecking.
The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or areas to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
The entire site other than that taken up by a building, structure or plantings
shall be surfaced with a material to control dust and drainage which is
subject to the approval of the City.
k. A drainage system subject to the approval of the City shall be installed.
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Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 401.15.E.
m. Vehicular access points shall create a minimum of conflict with through
traffic movement, shall comply with Section 401.15.F. of this Ordinance
and shall be subject to the approval of the City Engineer.
n. Provisions are made to control and reduce noise in accordance with the
Section 401.15.B.11 of this Ordinance.
0. No outside storage shall be allowed except as allowed in compliance with
Section 401.15. B.14.
p. The lighting shall be accomplished in such a way as to have no direct
source of light visible from adjacent land in residential use or from the
public right-of-way and shall be in compliance with Section 401.15.B.7 of
this Ordinance.
All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 401.15.G of this
Ordinance.
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r. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the Cityas
ability to provide utility, police, fire, administrative or other services to the
site.
s. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
7. Mini - storage facilities provided that:
a. At least twenty (20) percent of the site is open, green space which is
sodded and landscaped in accordance with a plan approved by the City
Council.
b. Building coverage shall not exceed sixty (60) percent of the lot area.
c. Parking, loading, driveway and fire lane design shall be subject to review
and approval of the City Staff and Fire Marshal.
d . Adequate space is provided for snow storage.
e. Fire hydrant location shall be subject to review and approval of the Fire
Marshal.
f. All driveways and parking areas are to be hard (blacktop or concrete)
surfaced and adequate turning radius for fire truck maneuverability is to be
maintained throughout the site. Designated snow storage space is to be
provided to insure adequate and safe access during winter months.
g. In an non- premises. caretaker dwelling unit is provided on site,
constructions of said dwelling unit shalt conform to all design standard
regulations for dwelling units of the Minnesota State Building Code and
the Oak Park Heights Zoning and Building Code. The occupancy and
minimum interior and floor area standards shall be controlled by Sections
401.15.0 of this Ordinance. Off-street parking shall be made available for
said dwelling unit in conformance with Section 401.15.F.
h. Any structures having exposure to an adjacent residential use or public
right -of -way, park, or similar public use areas shall be of brick, rock face
block, natural stone, wood, or stucco facing material.
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1. No retailing, wholesaling, manufacturing, repair, or other such activity
other than storage is to occur within the self storage, mini- warehousing
facility.
Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the City#s
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ability to provide utility, police, fire, administrative or other services to the
site.
k. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
8. Landscape sales and material storage provided that:
a. There are no growing fields on the site.
b. Outdoor sales /display area shall be limited to thirty (30) percent of the
gross lot area and be in conformance with the performance standards of
Section 401.15.B.14 of this Ordinance.
c. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the City4s
ability to provide utility, police, fire, administrative or other services to the
site.
d. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
9. Commercial PUD as regulated by Section 401.06 of this Ordinance.
10. Cellular telephone antennas not located on a public structure provided that:
a. The provisions of Section 401.03.A.7 and Section 401.15.P of this
Ordinance are considered and satisfactorily met.
11. Manufacturing, compounding, assembly, packaging, treatment or storage of
products and materials as accessory use provided that:
a. The proposed use complies with the performance standards outlined in
Section 401.15.E and all other applicable provisions of this Ordinance.
b
Alt manufacturing and assembly operations shall be enclosed within a
building.
c. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the Cityss
ability to provide utility, police, fire, administrative or other services to the
site.
d. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
12. Animal clinics provided that:
a. There shall be no outdoor animal pens or runs.
b. The provisions of Minnesota Pollution Control Agency Regulations SW
53(2) are complied with.
c, All other applicable state and local regulations pertaining to nuisance,
health and safety conditions, etc. are complied with.
d Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the CityAs
ability to provide utility, police, fire, administrative or other services to the
site.
e. The provisions of Section 401.03.A.8 of this Ordinance are considered
and satisfactorily met.
13. Distribution centers provided that:
a. The storage areas and loading docks are landscaped, fenced and
screened from view of neighboring uses and abutting residential districts.
b. The driveways, storage areas and loading docks are blacktopped or
concrete surfaced.
c. Alt lighting shall be hooded and so directed that the Tight source shall not
be visible from the public right-of-way or from neighboring properties.
d. A drainage system subject to the approval of the City shall be installed.
e. Vehicular access points shall create a minimum of conflict through traffic
movement.
f. Provisions are made to control and reduce noise in accordance with
Section 401.15.B.11 of this Ordinance.
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The proposed use complies with the performance standards outlined in
Section 401.15.E and all other provisions of this Ordinance.
h. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the Cityiks
ability to provide utility, police, fire, administrative or other services to the
site.
i. The provisions of Section 401.03.A.7 of this Ordinance are satisfactorily
met.
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14. Day treatment, human services and counseling programs provided that:
a. Provisions are made to issue compatibility with surrounding uses.
b. All State laws and statutes governing such use are strictly adhered to and
all required operating permits are secured.
c. Adequate off - street parking is provided in compliance with Section
401.15.F of this Ordinance.
d. Adequate areas are provided for loading and unloading of vans, buses or
other mass transit vehicles.
e. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the City's
ability to provide utility, police, fire, administrative or other services to the
site.
f. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
15. Continuing education programs, business, commercial and trade schools
provided that:
a. Provisions are made to issue compatibility with surrounding uses.
b. All State laws and statutes governing such use are strictly adhered to and
all required operating permits are secured.
c. Adequate off - street parking is provided in compliance with Section
401.15.F of this Ordinance.
d. Adequate areas are provided for loading and unloading of vans, buses or
other mass transit vehicles.
e. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the Cityks
ability to provide utility, police, fire, administrative or other services to the
site.
f. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
16. Day care - group nursery provided that:
a. Provisions are made to ensure compatibility with surrounding uses.
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b. Adequate area is provided within the plan for outdoor play areas.
c. All fire codes as applicable are complied with.
d. All applicable state and local regulations pertaining to child care facilities
are complied with.
e, Adequate areas are provided for child drop-off.
f. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the City#s
ability to provide utility, police, fire, administrative or other services to the
site.
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401.300.F. Access.
The provisions of Section 401.03.A.8 of this Ordinance are considered
and satisfactorily met.
1. Access to industrial development shall be allowed only on arterial or collector
streets, or a street specifically designed for such development.
2. Curb cut widths and locations shall comply with the provisions of Section
401.15.F.4.H.8.
3. Industrial developments of a small scale shall be encouraged to develop a
common access drive and parking facilities. Incentives, such as reduction in
setback and/or parking requirements may be provided at the discretion of the
City Council.
4. A turning lane and its appropriate right -of -way must be provided if the City
Council determines that one is needed.
401.300.6. Lot Coverage. Not Tess than twenty (20) percent of the buildable portion
of the lot, parcel or tract of land shall remain as a grass plot including fencing and
landscaping with shrubbery and plantings. A lesser area may be devoted to a grass
plot only via a conditional use permit, provided that:
1. An allowance is made for increased amenities, landscaping or quality of
construction as determined by the City Council.
2. In no case shall less than ten (10) percent of the buildable portion of the lot,
parcel or tract of land remain as a grass plot.
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3 The provisions of Section 401.03 of the Ordinance are considered and
satisfactorily met.
401.300.H. Building Type and Construction. All building materials and construction
must be in conformance with Section 401.15.C.8 of this Ordinance and the Design
Guidelines.
401.300.1. Parking. Detailed parking plans in accordance with Section 401.15.F of
this Ordinance and the additional requirements of the section listed below, shall be
submitted for City review and approved before a building permit may be obtained.
1. The parking area shall be set back a minimum of ten (10) feet from any property
line.
2. The parking lot in front of the building shall be screened from the public right-of-
way and from adjoining property in conformance with the provisions of Section
401.15.E. of this Ordinance.
3. All parking areas and driveways shall be surfaced with asphalt, concrete,
cobblestone or paving brick.
4. Perimeter curbing shall be required around entire parking lots, no closer than ten
(10) feet from any lot line.
5. Any lighting used to illuminate an off - street parking area shall be hooded and so
arranged as to reflect light away from adjoining property, abutting residential
uses and public rights -of -way.
6. Grass, plantings, or screening shall be provided in all areas bordering the parking
lot. The screening shall be strictly vegetation, earth berming, or a combination of
the two.
7. The screening shall occur, at a minimum, along the outermost medians of the
parking area, at every second median within the lot, and at the ends of each
parking row.
8. The medians shall not exceed three (3) feet in height, nor be at a slope greater
than twenty (20) percent.
401.300.J. Loading. Any structure erected or altered for a use which requires the
receipt or distribution of materials or merchandise by trucks or similar vehicles shall
provide off - street loading space in conformance with the provisions of Section 401.15.F
of this Ordinance and the following additional requirements:
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'1 A detailed off- street loading plan including berths, area, and access shall be
submitted to the City for review and approval prior to issuance of a building
permit.
The location of the loading area shall not be in the front of the building.
3. All areas intended to be used for loading including access shall be surfaced with
bituminous or concrete.
4. All loading areas shall be screened from surrounding areas by means of
vegetative plantings, berming, and/or a screening fence specified as follows:
a. A vegetative planting strip or grouping shall consist of evergreen trees
and /or deciduous trees and plants and shall be of sufficient width and
density to provide an effective visual screen. This planting area shall be
designed to provide complete visual screening to a minimum height of six
(6) feet. Earth mounding or berms may be used but shall not be used to
achieve more than three (3) feet of the required screen. The planting plan
and type of plantings shall require the approval of the City Council.
b. A required screening fence shall be constructed of masonry, brick, or
wood. Such fence shall provide a solid screening effect eight (8) feet in
height. The design and materials used in constructing a required
screening fence shall be subject to the approval of the City Council.
Fences in excess of eight (8) feet in height shall require approval of the
Zoning Administrator and Building Official.
401.300.x. Trash Receptacles. All buildings in which exterior storage, trash
storage, and/or handling is provided shall provide an enclosed trash receptacle area in
conformance with the following:
1. Exterior wall treatment shall be similar and/or complement the principal building.
2. The enclosed trash receptacle area shall be located in the rear of side yard.
3. The trash enclosure must be an accessible location for pick up hauling vehicles.
4. The trash enclosure must be fully screened from view of adjacent properties.
5. Construction of the trash receptacle enclosure is subject to approval of the City
Building Official.
401.3001. Screening. The screening of outdoor storage areas, heating /air
conditioning units, exhaust/fan equipment, trash receptacles, rooftop equipment, and
other deterrent elements shall be screened from all surrounding areas by means of
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planting, berming, and/or a screening fence or other means determined appropriate by
the City Building Official. The planting and Berming specifications listed in Section
401.15.E. of this Ordinance are also applicable in this case, however, the height of the
screening fence need only be of sufficient height to completely and safely conceal the
deterrent element.
401.300.M. Landscaping. A detailed landscaping plan in conformance with Section
401.15.E. of this Ordinance shall be submitted to the City Council and approved before
a building permit may be obtained and shall be in conformance with the following
requirements.
1. The regulations and requirements set forth in the zoning and subdivision
regulations shalt apply to all vegetative treatments within the study area relative
to the quality, sizes, and specifications of plant materials.
2. All landscape and vegetative treatments shall be in conformance with the overall
site plan. It is the responsibility of the property owner to meet and maintain this
requirement.
3. Unique land features, i.e., topography, vegetation, wetlands, drainageways shall
be preserved and/or addressed to achieve the most positive functional and
aesthetic results. Every effort should be made to preserve features of the and to
create passive open spaces.
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