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HomeMy WebLinkAbout11-09-2015 Council Work Session Packet Joint w/Planning CommissionJoint City Council & Planning Commission Annual Work Session Monday, November 9, 2015, 5:00 p.m. Orono City Council Chambers AGENDA 1. Discuss and Prioritize Potential Ordinance Amendments Joint Council & Planning Commission Work Session Page 1 November 9, 2015 MEMORANDUM TO: ORONO CITY COUNCIL, PLANNING COMMISSION MEMBERS FROM: JEREMY BARNHART, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE REVIEW AND PRIORITIZATION DATE: NOVEMBER 4, 2015 On Monday, a work -session discussion is planned to identify and prioritize any necessary changes to the city code. In anticipation of this discussion, staff identified a number of issue statements, attached. Of the 38, the first 22 listed are carried over from previous reviews. The remainder are those added since April where staff identified sections or deficiencies of the code that were unclear or do not address the needs of the community. The Council and Planning Commission are asked to review these statements prior to the meeting and be prepared to: 1. Add to the list of issues to be prioritized 2. Agree or disagree with the issues stated 3. Prioritize the research and development of solutions To facilitate the prioritization of the issues, Council and Planning Commission will vote High, Medium, or Low on the issues of their choosing. Staff will provide its' recommendation at the meeting. Council & PC Combined -11-9-15 No. Summary Issues/Discussion Comp Plan text/map amendments re: densities The Comp plan notes certain density ranges. The future Comprehensive Plan should be clear as to 1 in certain districts the goal of certain districts in terms of density and development patterns. The City should consider changes to ordinance standards and public street light policies which 2 Dark Skies Standards reduce ambient light emissions to reduce the impact of light pollution to the night sky in our rural residential lake culture setting 'Park' definition to refer specifically to passive There is concern that certain large lakeshore estate properties might be acquired by other agencies 3 parks and natural areas, not event -center to use for high-intensity park -related or event -center uses incompatible with our residential zoning oriented - ordinance revision and/or competing with existing facilities. Many roads approaching 30-40 years in age and increasing pressure is expected toward the city to 4 Private roads standards/policies take them over and fix them up — A policy should be developed to respond to these requests. Roseville or Richfield was recently (11/15) profiled in the paper as an example of a process PUD, RPUD & PRD contain overlaps in the code and are confusing; A easier to understand code may 5 RPUD process ordinance revisions encourage more of these creative types of development. 6 RS Dist. - Bldg. & foundation standards - The RS District's (Big Island) standards for construction and setback should be reviewed. ordinance revisions The existing system of determining connection charges should be reviewed to ensure they are 7 Sewer Connection Charges Policies equitable and uniform. There is an opportunity to improve the process of dealing with slope failures before they occur and 8 Slope Failure and Stabilization Ordinance or in emergency situations; standards, review process, collaboration with MCWD, etc. would benefit Policy residents. SWMP - zoning code revisions to formalize Ordinances codifying the Surface Water Management Plan standards must be adopted to fully 9 implementation implement the plan. The entire sign ordinance should be reviewed and revised to address content neutral signage and to 10 Sign Ordinance reflect market demands and city goals. Comm'I/Residential Kennel Def's (78-1376, 62- The approval and licensing requirements of kennels should be developed, wherever they are 11 161/183/184) permitted, while removing any inconsistencies. The city should develop a clear set of objective and effective standards for permitting tree removals 12 Tree Preservation Ordinance in the following situations: large and small lots, plats, conservation subdivisions, and shore land areas. CUP modification procedures & standards Need to add provisions which prescribe the process and what thresholds trigger minor vs. major 13 created amendments 14 Interim Use Permits (IUP) standards created The city should explore Interim use permits as tool to allow the use of certain property with a time limit. Orono code language should be clarified to be consistent with state shore land standards with 15 Existing substandard shore land lots of record regard to minimum lot size and width vs. underlying zoning. Has been amended three times (Ord. 92, 95, and 108) 16 Special lot combinations Special lot combos should be clarified to exclude non-riparian lots in calculation of average lakeshore setbacks. Drafted, need to schedule. 17 Maximum number of vehicles stored outdoors Consider limitations on the number of vehicles that can be stored outdoors on single family lots to avoid excessive clutter in residential properties Review the Septic code, compare with State/ County requirements. Determine if the differences 18 Septic Code are worth the added layer of review and permitting. Create an option whereby a landowner can obtain approval for extending the every 3 year pumping Septic Code updates regarding pumping requirement on a year-by-year basis where documentation is provided and a management plan 19 maintenance intervals & Type IV systems agreement is entered into requiring verification that septic tanks are not needing to be pumped yet, especially in the case of Big Island where the transportation cost is exceedingly high 20 Heliports The ordinance should include provisions for the landing of helicopters and airplanes on lakes and on large private properties. The Conservation design requirements and process should be reviewed to ensure consistency with 21 Conservation Design Councils goals. There are several areas with lots substantially below (1/2 acre or less) the minimum 2 acre lot 22 Small lots in older neighborhoods zoning requirements; Either a new zoning district or a new district classification, i.e.: Crystal Bay, Mtka Bluffs, Stubbs Bay Ne. Previous Councils suggested this to be reviewed as part of the Comprehensive Plan. The definition of half story: "Half story means the uppermost floor of a building in which (i) the intersection of the exterior wall and the roof is not more than three feet above the floor elevation, and (ii) not more than 60 percent of the floor area within the exterior walls of the uppermost floor 23 1/2 Story definition exceeds five feet in height as measured from the floor to the rafters. Floors exceeding these parameters shall be deemed a full story." is very confusing for the public to understand, causing a lot of resubmittals and redesign of the house. The definition should be amended to make it easier to understand. 24 Vacation Rentals Residents are renting their homes on a short term basis. Renters' behavior impacts the peace and enjoyment of the rest of the neighborhood. Vacation rentals should be regulated. 25 Average Lakeshore: Fences The definition of average lakeshore as it applies to fences is different than as it applies to buildings. These should be consistent. The sketch plan process is a requirement for class III subdivisions and may impact the 120 day review period requirements. Additionally, the sketch plan process does not provide for feedback on 26 Sketch Plan process other types of applications where the process might be beneficial, such as ordinance amendments, Comp plan amendments, site plans. Making the sketch plan optional and an independent process would alleviate both concerns. Nuisances (dog barking, long grass, debris, light and glare, smells) could be better defined and 27 Nuisances written from an enforcement strategic viewpoint. 28 Boundary line adjustments Lot line arrangements, boundary line adjustments, and other non -subdivisions that do not result in a new lot could be handled administratively, saving applicant, council and staff time. The statute allows for certain subdivisions to be reviewed differently, skipping a planning 29 Lot splits commission process. could be reviewed and do not need to be, adding time, expense, and roadblocks unnecessarily. Changes could save staff and applicant time. The definition of "Existing ground level" means the elevation of the grade at the base of an existing structure, measured at points abutting the foundation wall, or the existing grade of a vacant lot." is 30 Existing Grade definition not consistent with the current practice employed, which is the grade at the time of plat approval. The goal is to avoid the artificially raising the grade to getting a higher house. Current practice should be codified. The City's wetland setback requirements are greater than area communities and the watershed 31 Wetland Setbacks district. Perhaps the benefits are no longer valid. Further, there appears to be a conflict between the septic code and the wetland setback. 82-281 establishes the maximum length of a cul de sac at 1,000 feet. Recent subdivisions have 32 Cul-de-sac length exceeded this length. If the Council is comfortable with a longer maximum, the ordinance should be changed to reflect this distance Section 78-98 (b) does not make sense and its applicability is questioned. It suggests a 6th month 33 Notice of Hearing window to acquire land. Further, why is the public notice 350 for CUP and 150 for variances? It may be more beneficial for the notice area be consistent. The non -conformity regulations must be reviewed to ensure they comply with 44 Code of Federal 34 Non -conformity Flood Regulations, in particular regarding flood regulations. Additionally, change or remove the 15' requirement for full separation for small lots in the flood plain. (From Flood plain training) 35 Landscaping There are no landscaping requirements except for the 1-1, B-2 and RPUD zoning districts. There should be landscaping requirements for B-4, B-6 and the other commercial zoning districts. Code allows certain accessory structures(pools) within a certain size to be built in front of the 36 Accessory structures and pools principal building, outside of the required yard. Historically, staff has not permitted any structure. Further, 78-1436 allows for a 15 side yard setback for accessory structures between 750 and 1000 sq. ft. Setbacks for accessory structures should be reviewed 37 Appeal time frame The appeals process as outlined in 2-41 does not stipulate a timeline for filing the appeal. There should be a deadline to avoid protracted processes. Accessory structures, including hot tubs and detached decks are required to be built 10 feet from a 38 Accessory Structures house. This setback seems unnecessary.