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09-04-2002 Planning Packet
Public Attendance Mjeeting D ate M - 'Zocf' □ C ouncil Q^Planning C ommission □ Park C ommission □ Other Please fill out the information requested BELOW FOR OUR CITY RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1.. 2. 3.. 4.. 5.. 6. 7.. 8. 9. 10.. 11. 12. 13.. 14. 15.. fiwwntfw • QMiroRMStniuc^rr 1i r To: From: Date: Subject: Planning Commission Members and Alternates Mike Gaffron, Planning Director August 26,2002 September 4 Work Session PLANNING COMMISSION WORK SESSION NOTICE / REMINDER Wednesday, September 4, 5:30 p.m. Orono Council Chambers NOTE: THIS IS SEPARATE FROM THE JOINT WORK SESSION THAT RON MOORSF IS SCHEDULING REGARDING CiTVS DEVELOPMENT PHILOSOPHY WHICH WILL BE HEI.n SEPTEMBER 3. 12 OR 19 AT 5:30 PM DEPENDING ON THE RESPONSES WF GET THIS WEEK...PLEASE CALL ME IF YOU DIDN’T GET THAT MEMO DATED 8-21 Planning Commission will be meeting in a work session with the following agenda: PUBLIC HEARING 1.5:30 p.m. #02-2821 Temple Israel, 645 Tonkawa Road, requesting a CUP for construction of an addition to the existing dining hall at Camp Teko, as well as trail improvements on the site (this was rescheduled since Sept. 16 is Yom Kippur and applicants could not be present). DISCUSSION ITEMS 2.#2333 Home Occupations Standards - review final draft ordinance (this will then be the subject of a public hearing at your September 16 meeting, and on to Council for adoption on Sept. 23) 3.#0«.-2764 Commercial PUD Ordinance - updated draft for your review and discussion - will also be noticed for public hearing on Sept. 16 in the event that PC concludes it is far enough along for a hearing. 4.#02-2829 Reside, itial Remodeling “Total Replacement” Standards Ordinance - updated draft (final?) for you review - also will be noticed for a public hearing on 9/16 should you decide it’s ready to go. I ft I ? 5. #02-2830 Building fleight - Draft ordinance amendment language will be presented to address the issues of what is a “half story”, how a half-story with windows will be used in measuring height, and asserting that both measured height and number of stories must be met. This will probably be subject of a public hearing at your October meeting. 6. Other topics for possible discussion if time permits: - Building massing - regulatory options - Structural coverage and hardcover - independent tools, different goals - Other topics you wish to discuss... Please advise Denise whether you can be in attendance - the hand count at your August meeting looked like this was one of the few times that a majority could attend. Alternates are also invited to attend and add to the discussion. We will be delivering a packet of the above items the end of this week. Thank you! Mike Gaffron 952-249-4622 fmgaffron@ci.orono.mn.usl Denise Leskinen 952-249-4604 fdleskincn@ci.orono.mn.us^ TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse. City Administrator Wendy Bottenberg, Zoning Administrator/Planner August 31,2002 SUBJECT: #02-2821 Temple Israel (CampTeko) 645 Tonkawa Road Conditional Use Permit — Public Hearing Zoning District: LR-IB One Family Residential District (1 acre) Exhibits:A Application B Project Descriptions C Site Plan/ Floor Plans D I lardcover Calculation Worksheets E Plat Map F Minnehaha Creek Watershed District Permit G Comprehensive Goals H American Disabilities Act Information I Permit Record J Property Owners List Application: The Temple Israel property has been used as a camp property for many years, beginning as a scout camp, and now most recently for Temple Israel. The camp is known as "Camp Teko ”. Camp Teko is a summer camp, with some occasional fall/winter/spring use. Simmer camp sessions last about 12 weeks. I here is a full-time caretaker that is in residence on the property sear round. The campers and staff total approximately 250 users. Camp 1 cko is seeking approval for construction, upgrading and repairs to buildings and trails on the property. .Mong with the upgrading and repairs, they are trying to make the property handicapped accessible. 1 he Temple Israel board had a handicapped accessibility consultant visit the camp, walk it with them, and provide them a report with practical access solutions. Many of those ideas'solutions are included in this proposed plan. The property is located in the LR-1B district which lists “camps”’ as a conditional use. The property recently was granted a conditional use permit for construction of a toilet/shower facility constructed near the street and a 40’ X 60’ open picnic pavilion. This propo.sal consists of three building projects and ten trail projects. The projects are described in Exhibit B. Camp Teko 645 Tonka^^a Road o: Page I of 3 Project Over>'iew: Building Projects: Building Project No. I - Construct an addition and deck to the existing dining hall building. In addition, minor interior and exterior renovations will occur Building Project No. 3 - Repair the existing open air chapel stage, her.; railing, etc. The stage is located within 75 ’of the lakeshore. Because these have existed in thejr present location for many years and the proposal is to repair not replace them, staff is not concerned as it is considered as pre existing. Trail Projects: Trail Projects No. 1 thru 10 - Repair/construct trails around the property for erosion control and handicap accessibility. The only trail of particular concern is Project No. 5. Trail Project No. 5 is along the lake shore and goes between the boating and swimming beaches of the camp. The path is proposed for improvements because the path has suffered from erosion and to make it handicapped accessible. For many years campers used this trail but due to its present condition, campers have not been allowed on it the last several years. Being proposed is a 6’ wide path along the lake shore between the boating and swimming beach. A path currently exists and there are sections that arc difficult to maneuver. The path is approximately 400* long along the lakeshore and generally within 5-15 ’ of the shore. Short sections of it (but not the entire length) are proposed be rip rapped, widened, ar.d low retaining wall(s) constructed on the uphill side. The entire path will NOT have a retaining wall or be rip rapped. Because Temple Israel is a religious, non-profit organization, due to cost constraints the City has tried to work cooperatively with these organizations and not required all engineering work be completed prior to approval of the project. The area along the lake where this path is located is hilly and heavily treed. Retaining walls wall need to be minimized. If the proposal is approved then the size, height, and exact location of the low retaining wall(s) can be worked out with the City Engineer and Building Official prior to issuance of a building permit, unless Planning Commission or City Council wish to see more detailed plans prior to approval (see typical cross-section on sheet C3.I). American Disabilities Act: The American Disabilities Act has proposed guidelines for trails. It requires trails to be accessible, but doesn't specify how. As of March 14. 2002 when the U.S. Access Board voted to approve the recreation facilities accessibility guidelines, outdoor recreation environments including trails were still under development by the board. Because trails have to be accessible, it is at this time that Temple Israel is try ing to be sensitive to the issue and comply as best as possible. However, once the guidelines are adopted, additional changes maybe needed. Temple Israel is owned by a religious organization which would exempt it from federal and state guidelines, however because it does allow other people (public) to participate in its programs it is no longer exempt. Included (Exhibit H) are Camp Teko 645 Timkawa Road S^ SI 02 Page 2 of 3 \ several informational items regarding the American Disabilities Act, specifically outdoor recreation facilities and trails. Comprehensive Plan: (Retaining Walls) Orono Community Management Plan (“Comprehensive Plan ”) contains a number of general land use and environmental protection goals and policies with which the proposed land alteration would be consistent. Without the retaining walls erosion would be a problem. See attached excerpts from the Comprehensive Plan goals and policies and views on altering shoreline areas. (Exhibit G). Engineering Review: The City Engineer has not reviewed the proposed retaining wall layout from an engineering standpoint. The proposed plans were sent to him, but comments had not been received at the time this report was written due to the accelerated public hearing schedule. The applicants will be required to submit detailed plans prior to issuance of a building permit. Minnehaha Creek Watershed District: Temple Israel has applied to the Minnehaha Creek Watershed District for a permit to make the improvements as proposed. The watershed did approve the proposed project. (Exhibit F). Staff Recommendation: Camp Teko is one of two camps in the City of Orono. Camp Teko is an asset to the children of the community and the city. Staff recommends approval of the conditional use permit to permit the building and trail projects as proposed subject to the following conditions: 1.The retaining walls and erosion control measures to be constructed on Trail Project No. 5 along the lakeshore be approved by the City Engineer and Building Official prior to issuance of a building permit. Where retaining walls will be visible from the lake, applicant shall incorporate vegetative screening into the design where feasible. 2. The lighting on the dining hall shall meet City Ordinance standards. 3. Silt fencing be installed to prevent runoff into Lake Minnetonka. Camp Teko 645 Tonkawa Road mi/02 Page 3 of 3 1 Application #_ Date Received Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address f Filed dfiiJt>PType of Application to be Filed______---------------------------------------------- f^£V? /Vi Property Identification Number (P.I.D.) /)>; ~//;7 •— g. ^ Ai/f" APPLIC^T ^ fj ^ Phone (home) ____________ Namep^fl ^ Ev/LniAJC Phone (work) 6}i1~lZo - PZZZ Addrcss_g^cj City HhpiCiJ^< Zip OWNER (if different than applicant)Phone (home) ----------r » 1 —^ ____________Phone (work)i^^-^//— Address----2> g/n /h/ i* City p) INUCJ\- Zip Date Pr I late Prapcd)^ (?k^jffo n^ Acquired msr (month/year) FEES - CONDITIONAL USE PER^UTS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use $250.00 Institutional (church, school, etc.) $225.00 Guest Housc/Guest Apartments $200.00 Duplex Credit/Bldg $325.00 Commercial/Industrial Use $250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75’ of lakeshore PRD/PI D - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Fasement Vacation ______ $100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$375.00 Comprehensive Plan Amendment _____$ 100.00 Appeals _____Other - see Fee Schedule (kJ r RRT Camp Tpkn RRT Project #0206 QA Bob Shiff Chip LIndeke Conditional Use Permit Project Descriptions 20 August 2002 PROJECT -----—- -------------------- MEMO TO FROM SUBJECT DATE ___________________________ PRESENT Camp Teko. 645 Tonkawa Road. Orono. MN Conditional Use Permit - Project Descriptions See attached site drawings illustrating th? proposed improvements described below. See also attached Landform 8/7/02 letter (revised 8/9/02) to Minnehaha Creek Watershed District regarding Camp Teko Hydrology. Please note that an application has been made for a permit to the Watershed District. Building Project No. 1 - 2800sf (approximate size - final size may vary by W'SOOsQ addition to existing dining hall building, 1400 sf at each of two levels, matching floor level/height/materials of existing building, entry at lower level. Existing toilet wing to be removed (600 sf footprint) and replaced by wood deck. Existing building will have minor Interior and exterior renovations. The landscaping for the addition will consist of restoring the existing grass lawn in either sod or seed. No additional site lighting is planned as a part of the addition, other than some exterior building flood 'lights, which will be used to provide illumination immediately around the addition. See attached site plan, floor plans, and exterior elevation drawings illustrating the proposed addition. Building Project No. 2 (already approved in a previous Conditional Use Permit, May 2002) - 40’ x 60’ open sided, one story picnic pavilion, on 48’ x 68’ concrete slab on grade, also includes 8’ x 12’ concrete barbeque slab. Building P >ject No. 3 - Repairs to existing open air chapel benches, railing/fence, stage/pulpit. Trail Project No. 1 - Concrete steps with railings from existing paved parking lot to building project no. 1 entry, gravel path from existing gravel path to building project no. 1 entry - ♦/-120’ path. Trail Project No. 2-5’ wide gravel paths from existing parking lot to existing sport court, nature center building - ♦/• 250’ path. Trail Project No. 3 (already approved in a previous Conditional Use Permit, May 2002) - 5’ wide gravel paths interconnecting building project no. 2 with other parts of camp - ♦/- 500' path. Trail Project No. 4-5’ wide gravel path interconnecting building project no. 2 with existing chapel - +/• 250’ path. RAFFERTY RAFFERTY TOLLEFSON ARCHITECTS 253 EAST 4TH STREET SAINT PAUL. MINNESOTA SSlOl • 1632 TEL 651 224-4831 FAX 651 228 0264 A « A m.,m> «t..<r ».. *• t «»—•.«««>« Page 2 20 August 2002 Bob Shiff Trail Project No. 5 - 6’ wide gravel path along lake shore between existing boating and swimming beaches, to improve existing path that has eroded. Improvements will be a rip rapped edge along lake edge and low (l*-2’) maximum height boulder retaining wall on inland edge where needed - ♦/• 400' path. Trail Project No. 6-4' wide gravel handicapped access path up to existing Stone Lodge building from existing path - +/• 120' path. pafh ^ “ Removal of existing gravel path south of existing dining hall building - ♦/. 90' Trail Project No. 8-4' wide wood deck handicapped access ramp from existing wood deck down to existing gravel path • 4/.5O' long. Trail Project No. 9 — Minor regarding to existing gravel/dirt path to improve safety and eliminate erosion problems. Trail Project No. 10 - New concrete/stone steps with railings, and associated gravel paths work, up to the existing Stone Lodge building. This also will help to control erosion problems. Wetland Vegetative Strip - Install wetland buffer, pervious berm and vegetative strip as detailed on Landform s drawings. This is to provide protection to the existing wetland at the northwestern corner of the property. Additional hardcover added with this project is calculated on the attached forms. These forms describe the proposed hardcover. See also the site survey for information regarding the existing hardcover calculation. The additional hardcover being proposed is well within the allowed amount of hardcover. »«See also attached Landform 8/7/02 letter (revised 8/9/02) to Minnehaha Creek Watershed District regarding Camp Teko Hydrology. Please note that an application has been made for a permit to the Watershed District. No sanitary sewer work will be a part of this project. Camp Teko is a summer camp, with occasional fall/winter/spring use. Summer camp sessions lasts for 12 weeks. There is a full time caretaker, in residence at the camp. Summer camp sessions consist of approximately 250 campers/staff. Fall/winter/spring use involves weekend retreats for adults and youths, and winter camp for groups of up to 150. xc. 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MN 66405 m (tti) pry -mm CM.8»<rrmx MA «M MM5x.— ttveiONIBStOBY fBOJKT kMIBtftX BMP CSttWAtVN MMMia •BMUMOOiM REVI9EP WATERSHEP AND Cmr REVIEW AUGUST 5. atX)2 nuxjBcn CAMP TEKO IMPROVEMENTS ORONO. IVIN LANDFORM HINMCABOLISRHOCNIX fBQjBaMa GCAmGANDOtO0iaN coMmafiAN •*4^ • ~rsri^o HARDCOVER CALCULATION WORKSHEET SETBACK 2X>NE: (CIRCLE ONE) ( 0-75 EXISTING HARDCOVER IN ZONE 75-250'250-500'500-1000' A.House X m S.F. uottb O/Mes fi X m /STS'S.F. ^ , X ____mt CO SJ. •V X m <t/S.F. B.<X m S.F. C.Privewny X m S.F. X m •S.F. D.Sidewalk • X m S.F. X m / 9^S.F. E.Patio/Deck X m /D^S.F. X m •S.F. F.X m S.F. UndcxMir*X m -SJF. X m -S.F. 0.^^^mWWW X m S.F. TOTAL HARDCOVER IN ZONE m S.F. TOTAL PROPERTY AREA IN ZONE -9ir. 9^^S.F. A __/^Z2-__♦ B 9S^.^97 X 100 -/P^%7 •----------------- PROPn«^RD HARDCOVER IN ZONE A.X m S.F. Lcfifth Width •X m -S.F. •X m S.F. X m •S.F. B.X m %S.F. C.Ptluway X m S.F. X m S.F. D.Sidewalk • X m SJ. X m SJF. E.X m SF. X m -S.F. F.X m S.F. Uedeelain X m S.F. X m S.F. 0. # Other X m /.5W S.F. TiS^S ^ or 3Va7H 7b 6*u>nnH'>• TOTAL HARDCOVER IN ZONE m / K90 S.F. TOTAL PROPERTY AREA IN ZONE -S.F. A f ♦ B JSrfi’ft X 100 -_____LJ3-% A B c. A B 10 ^,+^1 = S.iS^ . C^fT‘^0 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75'75-250'250-500'500-1000' EXISTING HARDCOVER IN ZONF A. _ lleme x sJtSir |I«4w;W£A« X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G* Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE —U^irCk— ♦ B ^<^9 X 100 PROPOSED HARPrOVER iN ZONf, A. Udiaa. Length Width X X X B. Oai^gtr* C. Priveway X X D. Sidewalk X X E. RarirVnachr X X F. 1 andtcapa Updcriiin Ijy PUeft^ X X X G. Qthar- TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -------SLS2.----- ♦ B X 100 Z9k z>f 29-?- 2-2fir 2-^2 »A9 S.F.■2- I 0 1 S F. -2^i SF S.F. S.F. S.F. S.F. 1^0 /2f r S.F. S.F.STTcr? / 32 S.F. 3<^/S.F. /32 ___^3-^S.F./-z^SJ*. S.F./ 33 / ^2 S.F. _____, S.F. S.F. % < S.F. m S.F. m S.F. S.F. S.F. SJF. m S.F. ^co SJF. «SJF. S.F. •SJF. m S.F. m S.F. m S.F. 0 S.F. S.F. ^ _ S.F. E ____033'% r kttiiUBil I HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)0-75'75-250’ EXISTING HARDCOVER IN ZONE A. iIOM5 » C^P TSt^O dp. S:f2l/oZ 500-1000' 3/^y S.F. Length (yttnP B. C. Driveway CBir.) D. Sidewalk CCtAf^Ci E. Patio/Deck F. Laudsfiige UnderWw' Width X X X X X X X X X X X X T ZcSSr -st_ A2A S.F. ST. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ST. S.F. G. Other _________ * ___ CftAF -r-TAA«.S ) TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B 3 TttMns 2?-rz.r S.F. A %/ASVr S.F. B PROPOSED HARDCOVER IN ZONE A Heme _ _ _ _ _ _ _ x Length Width B. Gata§e C. Drive way D. Sidewalk CdiAfl^O F. headeiepr jjiulcxiain G. X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 7.^^ ^ B ?M^Cgg : 100 •/o ■i S.F. m S.F. m S.F. m •S.F. m S.F. m -S.F. m S.F. • S.F. m S.F. m .S.F. m m S.F. m »S.F. m m S.F. m •S.F. m 2m^S.F. m S.F. •3/f rsT S.F. t 100 % i-c^ - 9.sv-y, ( 7 A B C- HARDCOVER CALCULATION WORKSHEET CApvip fiy> fr/zt/pZ. SETBACK ZONE: (CIRCLE ONE) 0-75'75-250' 250-500' (^00-1000^ KKfCTINO HARDCOVER IN ZONE A. llottS»-________________ Length Sw#f6$x X WMih B. Garage X X C. Driveway eir-) D. Sidewalk (Jt/AVRC f cc^;c. > E. Patio/Deck Ce#ic.> F. Laa^eipe Underlain By Pltstie X X X X X X X X X G. Other- TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE "K7. 6^^ * B /<4^. Uitr X 100 PROPOSED HARDCOVER IN ZONE A House _____iQL1_— X Length ^pyiT^or/ ______________ X X Width ^4 B. Garage C. Driveway X X D. Sidewalk E. Patio/Deck X X X X F. Landscape Underlain By Plastic X X X G. Other Cft/c. ffrgPi^ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 5 S5D ♦ B /H 6. 969c X 100 - 10 /2-0 S.F. 9Z S.F. /ST. j-ZiJ S.F. S.F. /firri S.F. z3r S.F. n-i 2U>S.F. ir66 S.F. '—^—S.F. /am S.F. / / 7crO S.F. 9.0'2-ST. .<r/S.F. S.F. S.F. 1 Vb S.F. % fi/fO S.F. S.F. S.F. S.F. S.F. ST. S.F. ST. *u>zo ST. Q^(^q 390 S.F. -S.F. S.F. S.F. ST. ?4#0 S.F. ■ 335T>ST. lip%.96r ST. y. A B S-3 Vo u 06- in- :2.'s-(^. osr-tji- Tfisn\ Cfisne. wfirsizcup p^/e/cr S/^/o-z. et/^ „ . ^ CONSENT Permit Application No.: 02-2<t4 Applicant: _ _ Camp Teko . Tcmplr! T<r«^ Project: Camp Iniprovgm^i^^^_____ Location: _____645 Tonkawa Rnad. Omn^ Rule: B/D/F/N Jleccived: 07/24/02 Complete: 08/00/02 Notification: 08/12/02 Recommendation: ———————---------------------------------------------- Approval. Permit should not be issued until the following conditions ore met: I. Reimbursement of mailing costs 2 Payment of Rule J fees 3. Submit a declaration for the preservation o*‘ /etland buffers, filter strips and vegetated _____swales which must be executed and recorded Background: The applicant is proposing to construct improvements on an 18.4-acre lot at the address listed above in the City of Orono. The proposed project involves the construction of a 1400 square fom building addition, new paviilion. ADA accesses, expansion of gravel trails, and shoreline stabihzaUon. *^0 wetlands currently exist on site and will not be impacted by fillmg or excavation activities as a result of tWs project. Permits would allow for the construction of buildings, impervious surface, shoreline improvements and establishment of wetland buffersRuleB: Erosion control coitsisting of silt fence and inlet protection has beat provided throughout the Rule D: As stated above two Type 3 wetlands of less than one acre in size currently exist on site and will not be impacted from filling or excavation as a result of this project. The applicant has to declare two 16.5-foot buffers around the boundaries of delineated wetlands in accordance with Rule D. RuleF: ^e applicant has proposed to stabilize approximately 350 feet of shoreline with rip rap Cuwntly the shoreline is stabilized with vegetation, however, the appUcant cites erosion problems as a need to install rip rap to better armor the shoreline. Rip rap will be placed at a 3H:1 V slope and consist of Class III-TV rock which complies with MCWD Rule F fast-track criteria. Rule N; The applicant has proposed a total increase in impervious surface of 13,700 square feet with the proposed project. The proposed trails will be no greater than 10 feet in width with adjacent five- fool pervious buffers and therefore will not be subject to Rule N requirements. In accordance with Rule N. water quaUty, rate control and BMP requirements wiU be assessed in regards to the mercase m impervious. Runoff rate analysis shows that the proposed runoff from major rain events routed overland to swales and filler strips will not increase as a result of the project. Drainage will be routed through existing filter strips and created swales which are designed to perform water quality treatment through infiltration and retention. The swales and filter strips Will accommodate drainage from both existing and proposed impervious surface. Because these measures exceed MCWD requiremeals, staff has determined the ^plication to be in compliance With Rule N. Attachments: 1. Pennit q>pUcation 2. Siteplaa/survey 3. Site location map Michael D. Wyatt I P-Vl COMBINED JOINT NOTmCATlON FORM - WATER RESOURCE AFFUCATION ml Use this form to notiiy/apply to the Minnehaha Creek Watershed District (MCWD). their encinccring consultants, the DNR, and the I’lcnnepin Conservation Dbtrict of a proposed water/wetland project or work which may foil within their jurisdictioD. Tlicsc agencies should odvise you of their juiisdictiou or permit requirements ithin 10 days. Fill out this form completely and mail o copy, with plan, maps, etc... to the MCWD, Gray Freshwater Center, Navane, 2S00 Shadywo^ Road, Suite 37, Excelsior, MN SS331. Keep a copy for your records. YOU MUST OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK. Address (Strait, Jtfp, Box #, City, Sute. Zip) 2. Loeatioaori«opasadpro!ject(Atachdrawiagw/ditectio(iiiosi<«); COUNTY ^ QTR SECTCONCs) SECT10N(s) TOWNSHl?(i) RANGE(i) PROIECT ADDRESS: 64^’TtuJkAUjft tTi_______OTY; Ogi3lJQ Lot, Block, Subdii^bjop CV.l 3. ^ excavation (Cubic yarfi); _________________l«9 4.. TYPE OF PI JtMIT BEING APPUEO FOR: (Check aU that apply): / ^STORMW a TERMANAGEMENTPLAN □ FLOODPLAIN alteration P^OREUirEIMPROVEMBNT DSTORM SEWER OUTFALLS a JIUPR a P bOSANDBlANKET ... . ..□iCEWDGEREMOVAL □bJUDOB & CULVERT CR0S51NCS □ WETLAND ALTERATION □ excavation (DREDGING) aO WILDLIFE h.D N avigation cjj BIOENCINEERJNO OTHER (DESCRIBE) 4a. APPLICANT’S REPRESENTATIVE: (Licensed Contractor, Engineer, etc...) toclu^^nante^aAka^^A^hone nuirbq. iVi U* 1^/0 ■F/ggTvHmg 5. PROJECT PURPOSE (wl^ is this project nccdod • what boxfits wilJ it provide?) S05/rriAfJHgO UAg/^\t=r________________ 6. a LTERN AT. VES (describe any other iltec or methods that could be used to achieve the purpose of your project while avoiding or minimjojjg watn/wcUand iinoRcU. Attach additional ahacts, if needed. __ 7. DATES: Proposed start of activity; (Tdena: V tny oompleiod work on ataiohsd drawing) Pro|>osod completion; 8. (Aoach list If more) 9. PERaMITSH WE BEEN RECEIVED (R) OR APPLIED FOR (A) FROM:____ -------coui>mr CITY_____mn poiiunoN control agency DNR army corps of encr I hereby Qolify the recipients of this fonn of the projeot proposed bercla usd ^ucst 1 be advUed of any permitt or.other determ matioos cooccmictg ih*s [project that I must obodo. I undersuod that prooeediog work before ill rcquiicd auOiojiittioDS irt obtained Duy be subject ^ Federal, State and/or local adt^inliuadv^ civU tad/or crimlnii pen^ts, rfi/o2^ SigWaMre of Pason PropoiingProicct or Agent (Muuikjr')Data AU8 O5 20B ' RRT PROJECT TO fifth JShIff FROM Chin 1 inrlAlcA SUBJECT Conditional Use Permit - Addendum #1 DATE 20 Auaust 2002 PRESENT Camo Teko.. 645 Tonkawa Road. Orono. MN Conditional Use Permit - Addendum #1 MEMO The following parties may be notified of this C.U.P. application. RRT will send each party a copy of the submittal package. Lake Minnetonka Conservation District 18338 Minnetonka Blvd. '* Oeephaven, MN 55391 Minnehaha Creek Watershed District Gray Freshwater Center 2500 Shady Oak Road Excelsior. MN 55331 RAFFERTY RAFFERTY TOLLEFSON ARCHITECTS 253 EAST 4TH STREET SAINT PAUL. MINNESOTA 55101 • 1632 TEL: 651 224-4831 TAX: 651 228-0264 1020<kV9080e01 Pr»-Con«truelion M m O Conwpond«WiMnOe21O2i0.doc landform August 7, 2002 (Revised August 9, 2002) Mike Wyatt Minnehaha Creek Watershed District Gray Freshwater Center 2500 Shadywood Road Excelsior. MN 55331-9578 RE: Camp Teko Hydrology Orono, MN Mr. Wyatt; On behalf of the applicant. Temple Israel, Landform Is pleased to submit the attached hydrology calculations and plans for approval for the Camp Teko project. Site Description The site lies south of Tonkawa Road on the North Arm of Lake Minnetonka. Currently the site is occupied by the Existing Camp including cabins, sport court, bituminous ^parking lot, softball fields, stages, trails, etc. The majority of the storm water currently drains from the north to the south across the site through vegetative swales and wooded hills do^ to the lake. Some of the storm water from the northwest comer of the site drains Into the existing wetland in this area and a portion of the Southeast comer of the site drains into the existing wetland in that area. Description of Improvements Temple Israel is proposing to construct the following: • A two-level approximately 1,400 square foot footprint building addition to the existing dining hall for a total of 2,800 square feet. • A new pavilion of approximately 2,400 square feet. • Additional gravel trails to facilitate walking movements around these two new additions, see attached plan C2.1. • Additional trails and ramps for handicap accessibility to the Stone Lodge and dining hall. • Improvements to the existing open air chapel benches, railings and stage 650 6UTHR NORTH BuilOiNO 610 FIRST RVENUC NORTH MINNIAROLIS. MN 55403 Office 613 352 90TO f»*. 613 3S3.90T7 »w«.iandforin.n«t Mr. Wyatt Page 2 Re: Camp TEKO Orono, MN August 7, 2002 • Improve the existing trail along the waters edge between the boating dock and the swimming beach. T he applicants would like to work with the watershed to fix the existing erosion problems, widen the existing trail to promote a safer walking path, restore the lakeshore and reduce impacts to the lake. They are proposing increasing the width to 6 ’ and Installing rip rap along the lakeshore and installing a retaining wall on the uphill side. • Mirior repairs to existing trails as shown on sheet C2.1, including the addition of stairs between the Stone Lodge and the bathrooms to make the path less steep. Also, they would like to re-grade at the swimming beach and along the trail between the changing tents and the beach to fix the existing erosion problems and make these areas safer for the kids. Hydrology We have done some impervious computations and found that the improvements stated above will increase the impervious area of the site by approximately 13,700 square feet. We performed rate control calculations to confirm that the change in impervious area doesn’t increase the runoff rate. According to Hennepin County Soil Survey the soils at this site are of the Erin Complex, in the hydrologic soil group B. The attached HydroCAD calculations show that the runoff rate hasn’t significantly increased for the 1- year, the 10-year or the 100-year storm event due to the approximate 1.7% increase in impervious area, the summary table is below. ^4 Event Runoff, cfs Runoff, cfs Existing Proposed 1-year 1.4 1.4 10-year 15.1 15.1 100-year 33.4 33.4 The weighted curve number is the same since the increase in impervious is negligible in respect to the site area, see attached Hydrocad computation sheets. Water Quality In order to provide water quality treatment for the increased impervious area, we are proposing to construct a filter strip. The Impervious area increase Is primarily due to the pavilion and the dining hall addition, approximately 0.16 acres. We have excluded the gravel trails from the impervious area calculation since the trails are less than 10 feet wide and have a 5' pervious strip on either side. These improvements are near the northwest comer of the site and the dining hall currently drains into the existing wetland in the northwest comer of the site. The attached Drainage Area Map shows the area we evaluated to treat the 0.16 acres of increased impervious. The drainage area is 1.6 L 650 BUTLER NORTH BUILOINO 510 FIRST AVENUE NORTH MINNEAPOLIS. 55403 OFFICE: 612.252.9070 FAX 612.252.9077 «MMW.lMdtonn.n«l l\r. Wyatt Pige3 Re: Camp TEKO Ofono. MN August 7. 2002 acres and the actual impervious in this drainage area is approximately 0.4 acres. Based on the Nurp Pond Sizing worksheet we would need 0.11 acre-feet of pond to treat this area. We are proposing to construct a vegetative filter strip west of the existing bituminous parking area to slow runoff and promote pollutants to infiltrate into the soil prior to entering the adjacent wetland. This filter strip will treat the new dining hall addition plus some of the existing building. This filter strip varies in width from 30 feet to over 50 feet in some areas and maintains an 8.3% slope with deep-rooted, wet and shade tolerant vegetative material instead of grass. We have pond volume storage of 0.15 acre-feet; see attached Pond Volume Storage Worksheet. This filter is designed to accommodate over a 2" rainfall event. We are unable to use PondNET to evaluate the % of remo -al of pollutants in this strip since it does not have an outlet, however based on the Minnesota Small Sites BMP Manual, studies have shown that filter strips in agricultural areas that are made of grass and are 15 ’ wide can remove 50% of the nitrogen, phosphorus and sediment. The filter strip we have designed is over double the width that has been proven effective in agricultural areas. We believe that this is a perfect water quality Best Management Practice for this portion of the site because it slows down the runoff and traps pollutants. We are also treating an additional 0.24 acres of existing impervious. Currently, this area is highly vegetated around the wetland with sheet flow off of the adjacent parking lot to the east and the hill to the south across type B soils. We believe that with minimum grading and minimum fill we can achieve a highly effective vegetative strip. 'Wetland Protection We recently had a wetland delineation completed for this property by Kjolhaug Environmental Company on August 5, 2002. Based on this delineation. Wetland #1 in the northwest comer of the site is approximately 7,826 square feet, requiring a 16.5-foot buffer zone as shown on the attached plans. Wetland #2 in the southeast comer of the site is approximately 8,770 square feet, also requiring a 16.5-foot buffer. We will install double silt fence along the wetland edge in the northwest comer of the site when the vegetative filter is being constructed to reduce any erosion of exposed soil into the wetland. 650 BUTLER NORTH BUiLDiNG 510 FIRST AVENUE NORTH MINNEAPOLIS. MN 55403 OFFICE: 612 252 9070 FAX 612.252.9077 wnww tandfbrm net r L Mr.Wyalt Page 4 Re Camp TEKO Orono, MN August 7,2002 Closing There is rn) measurable increase in runoff due to these improvements. We have provided water quality treatment through a vegetative strip to promote infiltration and slow runoff. The applicants are pleased to work with the District to minimize erosion and impacts to the lake and wetlands and fix existing erosion problems. Please feel free to contact me with any questions. Sincerely. LANDFORM ENGINEERING COMPANY Vicki Jefson VanDell. P. E. /vjv cc:File Bob Shiff Paul Weinberger (City of Orono) Mike Wyatt (Minnehaha Creek Watershed) ^4 650 BUTLER NORTH BUILDfNO 610 FIRST AVENUE NORTH MINNEAPOLIS. MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 wmtJMIotmjnH CMP Part 3A. Environmental Protection Plan GENERAL POLICIES FOR NATURAL RESOURCE MANACFAfKNT 1. 2. 3. 4. Orono will promote the formulation and active use of environmental protection policies by other Lake Minnetonka area municipalities and responsible government agencies. Even though Orono plays a key role in the protection of Lake Minnetonka, permanent preservation of the quality of Lake Minnetonka is impossible without coordinated policies and without active implementation of proven protective measures. Environmental enforcement may be difficult in the face of development pressures, but without commitment and sacrifice, a nibbling effect will surely place the goal beyond reach and beyond recovery’. Environmental protection policies will be utilized in the formation of all other goals and policies in this CMP. Orono's commitment to environmental quality is carried throughout each element in this comprehensive plan, coloring the goals, policies and implementation practices in every facet of municipal responsibility. Development density will be limited to a level which will not overload the natural surface water drainage and filtration system. Urbanization increases the speed and quantity of surface runoff while decreasing the water quality. Developed land use densities will be determined by comparison between known levels of volume and pollution generation and known marshland capacity for ponding and nutrient assimilation. Surface water runoff will be directed through the natural drainage system. Direct runoff into the lake will be avoided and will be prohibited whenever possible. The longer the routing of storm water between source and the lake and the longer the duration of ponding in a wetland, the more nutrients are assimilated and the more silt is settled. The transfer of storm w ater runoff from one local watershed to another or recycling water through the same marsh, will be pursued and encouraged as a practical method for increa.sing the duration of w ater retention before runoff enters the Lake. The result of extended retention will be improved lake water quality. City of Orono Community Management Plan Scpicaber 3000 Page 3A-31 r CMP Part 3A. Environmental Protection Plan 5. Natural drainageways will be favored over artiflcial storm sewers. Storm sewers speed runoff and provide no natural filtration or nutrient assimilation. Storm sewers will only be utilized in local flood prone areas or where there is soil erosion insolvable by natural means. Whenever possible, storm sewer outlets will be directed into marshland or natural drainageways and not directly into the lake. Storm sewer systems will not be considered for new developments or where satisfactory natural drainage systems already e,xist. 6. The wetlands and marshlands of the city will be protected and preserved as wildlife habitats, as unique open spaces, and as the only economically practical method of flood protection and storm water runoff filtration. The Harza Study, the 208 Water quality Management Study, and Orono's Surface Water Management Plan all recommend this approach to permanent water quality management for Lake Minnetonka. In addition, the Orono Plan goes on to identify individual wetlands and marshlands that require protection as part of the City's storm water management program. It is the policy of this plan to effectuate the policies and recommendations of the 1974 Orono Surface Water Management Plan. % 7. Protection of the city’s marshland, wetlands and drainageways shall include protection of adjoining lands and prevention of drainage, filling dredging or wetland's vegetation removal. Ordinances will establish setbacks for all land alteration or construction. Wherever possible, the City will acquire open space and flow age easements for conservation of these lands 8. Protection of lake resources will allow reasonal.^ css, use and enjoyment while preventing overcrowding and excessive encroachment. In conformance with Mn. DNR Shoreland Management regulations for Recreational Development lakes, the City will prohibit overly dense development within 1,000 feet of Lake Mirmetonka. Lake use regulations will be promo.to limit excessive boat density and overuse of sensitive bays. Land use regulations will be developed to provide reasonable control over building density, land alteration and lakeshore encroachment. 9. Lake shorelines will be protected from alteration. Natural vegetation in shoreland areas will be preserved insofar as practical and reasonable in order to retard smface runoff and soil erosion, and to utilize excess nutrients. Clearcutting will be prohibited. In areas of soil or wave action erosion, natxiral stone rip rap shoreline protection will be encouraged. City of Orono Community Management Pbn S«altaib«r SOM Page 3A-32 CA^Par^A^nvironme^l Protect!^ Plan 10. 11. 12. 13. Lake bed alterations will be discouraged because of adverse short'term and hng-term effects on water quality. Dredging of lake beds releases '.arge amounts of otherwise trapped nutrients and silt which adversely affects water quality for long periods of time. Dredging of new channels or inlets will not be approved to provide riparian access where none existed naturally. Dredging will be permitted in limited circumstances only where absolutely necessary to maintain existing natural riparian access permanently lost by something beyond the control of the landowner. Periodic low water conditions or the owner's desire for deeper draft watercraft are not sufficient reasons for disrupting sensitive lake beds. Development or alteration of floodplains will be i >*.* tr icted. Most of the City's identified floodplains are located along tne shoreline or within designated marshlands and will be protected by other provisions applicable to those areas. In addition, where floodplains do exist on otherwise dry buildable land, construction, filling or alteration will be strictly controlled so as to avoid flow restrictions, to avoid flood level increases on other properties, and to avoid costly flood damage or pollution dangers. Natural resource investigation w ill be required as part of all development proposals. This will irclude topographical information, soil analysis, drainage plans, vegetation plans, erosion control measures and similar site data related to each project, whether public or private. The extent of each s ich review will be determined by probable environmental impact. Greater detail will be required of larger projects than of smaller ones. As proximity to Lake Minnetonka or a major wetland increases, so wili the care and concern increase in direct proportion. On-site water retention facilities w ill be required as part of all residential, commercial or industrial development projects whenever necessary to maintain or improve the existing storm water runoff patterns. \Mienever a development's location, size, scope or hardcover would tend to increase the quantity of nmoff, increase the speed of runoff, or decrease the quality of runoff, that development will be required to provide on-site retention facilities sufficient to maintain the existing situation or to improve the resulting runoffby reducing quantity, reducing speed and/or improving quality. No development will be permitted to adversely impact it's neighbors, or the City, by changing drainage patterns or by otherwise adversely affecting storm water drainage. National Urban Runoff Program (NURP) standards will be applied to the design of new stormwater ponds. City of Orono Community Management Plan SefttMfcer SOM Page 3A-33 ♦ Proposed guidelines for trails under Americans with Disabilities Act trail released from A.. Page 1 of 3 Trail Tracks Newsletter return to TrailTracks SPRING 2000 index - back to Trail Tracks directory Proposed guidelines for trails under Americans with Disabilities Act trail released By Stuart Macdonald, Chair, National Association of State Trail Administrators The Americans with Disabilities Act (ADA) requires us to make trails accessible, but doesn't specify how. New regulations being finalized will, how ever, affect all of us who plan and design trails. The final report of the Regulatoiy Negotiation Committee on Accessibility Guidelines for Outdoor Developed Areas includes soon to be proposed ADA Accessibility Guidelines (ADAAG) for trails, outdoor recreational access routes, beach access routes, and picnic and camping facilities. Currently the report is undergoing a regulatoiy assessment by the Access Board, an independent federal agency responsible for developing minimum accessibility guidelines under the AD.A. Next will be a review by the federal Ofilce of Management and Budget. Eventually, the proposed guidelines will be published in tlie Federal Register with an invitation for public comment over a 90- day period. The following questions and answers cover the highlights of the trail guidelines: First, what exactly is a trail according to the proposed ADA accessibility guidelines? A trail is "a route that is designed, designated, or constructed for recreational pedestrian use or pro\ ided as an pedestrian alternative to vehicular routes within a transportation system." What kinds of trails are subject (o the proposed ADA accessibility guidelines? The accessibility guidelines apply to those trails which are designed and constructed for pedestrian use. They are not applicable to trails primarily designed and constructed for recreational use by equestrians, mountain bicyclists, snowmobile users, or off-highway vehicle users, even if pedestrians may occasionally u.se the same trails. However, a multi-use trail specifically designed ;;nd designated for hiking and bicycling would be considered a pedestrian trail. Then is an urban bikeway a "pedestrian trail”? Accessibility guidelines apply to trails used as nonmotorized transportation facilities for bicyclists and skaters as well as pedestrians. Howe\ er. transportation routes for bicyclists and skaters have design needs which exceed the minimum guidelines for trails. In some cases, the AASHTO Guide (1999) may requ.res a greater level of accessibility than the ADA trail guidelines. The appendix of the Access Board report compares the AASHTO guide with the ADA trail guidelines. http://www.americantraiIs.org/trailtracks/SpringOOTrTracks/QandAonADASPROO.htmI 8/29/2002 r Proposed guidelines for trails under Americans with Disabilities Act trail released from A.. Page 2 of 3 Will we have to bring existing trails up to ADA standards? The proposed guidelines apply to all areas of newly designed or newly constrocted and altered portions of existing trails. However, for entities covered by title II of the ADA, "program accessibility," may require accessibility to be provided on existing trails. Program accessibility means that the major elements in a recreation program need to be accessible. Clearly, though, trails involve an "experience" that is more complex than typical park facilities. Must we improve accessibility when trail maintenance is done? The proposed guidelines slate that "routine or periodic maintenance or repair of existing trails or trail segments does not trigger the accessibility guidelines." Examples include removal of debris, reshaping the trail bed, erosion control, etc. What about :^cw trails that are nowhere near a road or an accessible trailhead? The propfi»i-"J guidelines apply only to trails that "connect to an accessible trail" or "designated trailheac' '.Vlicre new trails connect to an existing trail that is not accessible, the technical provisions do no» .VO;: do they apply where the nev' or altered portion is not connected to a designated trailhead. Does an aL:^(s.sible trail have to be paved? Paving is not required, as long as the surface is 'Tmii and stable." What about handrails and other edge protection? While handrails and edge protection arc not required on trails, they may be provided where nccded&emdash; for instance, along a steep drop-off. They should also meet appropriate standards. So what is an accessible trail? Under the proposed guidelines, an accessible trail would mee* ‘hese minimum technical provisions: • Clear tread width: 36" minimum • Tread Obstacles: 2" high max. (up to 3" high where nmning and cross slopes are 5% or less) • Cross Slope: 5% max. • Running slope (trail grade) meets one or more of the following: o - 5% or less for any distance. o - up to 8.33% for 200' max. Resting intervals no more than 200* apart, o - up to 10% for 30' max. Resting interv'als 30'. o - up to 12.5% for 10' max. Resting intervals 10'. • No more than 30% of the total trail length may exceed a n-,nning slope of 8.3 j"i. • Passing Space: provided at least every 1000' where trail width is less than 60" • Signs: shall be provided indicating the length of the accessible trail segment. What if building a trail to an accessible standard just isn't logical, or desirable, or even possible? http://www.americantrails.oig/trailtracks/Spring00TrTracks/QandAonADASPR00.html i/29/2002 Proposed guidelines for trails under Americans with Disabilities Act trail released from A.. Page 3 of 3 While the proposed accessibility guidelines address the special circumstances where designers and operators may not be able to achieve accessibility, they are encouraged to always provide access to the greatest extent possible. Departures from specific accessibility guidelines are permitted for any portion of the trail where compliance would: 1. Cause substantial harm to cultural, historic, religious, or significant natural features or characteristics 2. Substantially alter the nature of the setting or the purpose 3. Require construction methods or materials that are prohibited by Federal, State, or local regulations or statutes 4. Not be feasible due to terrain or the prevailing construction practices The AASHTO Guide for the Development of Bicycle Facilities is the primary guidebook for facilities built with transportation funds (available for $30 from AASHTO at (800) 231-3475). The final report of the Regulatory Negotiation Committee on Accessibility Guidelines for Outdoor Developed Areas is available at wivu’. access-board.gov/PUBS/outdoor-rec-rpt. htm. For detailed information on accessible trails, the proposed ADA guidelines, and how they would apply to specific situations, see the American Traits website: wwwu4mericanTrails.org. Click on the ^'Resources A Library" icon, then click on "Accessible Trails." Thank you for visiting the American Trails website: httpt/Zwwiv.AmericanTrails.org Home - News and Action Alerts -Trail Tracks Newsletter - Resources and Library’ - Your Comm ents - Membership Form - Member Groups - Board of Directors - Trails State by State - Calendar http://www.americantrails.org/trailtracks/SpringOOTrTracks/QandAonADASPROO.html 8/29/2002 I Trails and the AMERICANS WITH DISABILITIES ACT- index of articles, projects, and .. Page 1 of4 Thank you for visiting the American Trails website: http://www.AmericanTrails.org — back to main.resources directory Resources and Library ACCESSIBLE TRAILS and RECREATION Updated March 15, 20U2 NEWS • March 14,2002 — The U.S. Access Board voted unanimously to approve the recreation facilities accessibility guidelines. The recreation facilities guidelines address: Recreation facilities including sports facilities and swimming pools. Places of Amusement. Golf, Boating and Fishing. Accessibility guidelines for outdoor recreation environments including trails, campgrounds, picnic areas and beaches are still under development by the Access Board. • The Access Board held an information meeting Oct. 4,2001 on Outdoor Developed Areas in Denver. Peggy Greenwell, Access Board staff, discussed the Regulatory Negotiation Committee report. T. Destry Jarvis, Executive Director of the National Recreation & Park Assoc, expressed the hope that local park and recreation providers will do more to accommodate persons with disabilities. The Board listened to comments by the public and Committee members on concerns about the allowed exeptions, handrails, edge protection, and ensuring that volunteers will be able to be used on new accessible trails. Staff noted that no one else in the world has attempted to create rules for trails, campgrounds, and beaches. The trail-related regulations are expected to be released after the final rule for recreation facilities (in process since 1993) and the update of ADAAG (buildings and facilities— in process since 1996). A deadline was expressly not given, but it seems likely that it could be years before a final rule for trails, beaches, campgrounds, and picnic areas is released. • NPS Allocates $5 Million to Enhance Accessibility in the Parks • New York legal settlement will improve access for persons with disabilities to state Forest Preser\ es TRAINING • Universal Trail Assessment Process (UTAP) Training in several lcatior.> natiomwide. - The UTAP training session on how to better assess and iriaintain vour trail for accessibilitv. See the American Trails calendar for dates, locations and contacts. For more on training opportunities for trails design ana development, see the National Trails Training Partnership area. • The National Center on Accessibility will offer a special workshop on access to trails in Emeiy ville. California on October 30-31,2001 — Contact: National Center on Accessibility at (812) 856-4422 (voice) or (812) 856-4421 (TrY). • For more on skill development and education opportunities, see the Natio nal Trails http:.Vwww.americantrails.org/resources/accessible/8^28/2002 Trails and the AMERICANS WITH DISABILITIES ACT- index of articles, projects, and .. Page 2 of 4 Training Partnership and trails training calendar. ACCESSIBLE TRAILS: OPINIONS and IDEAS * Opinion: Are proposed ADA trail rules a nightrnare or just misunderstood? by Dave Startzell, Appalachian Trail Conference * On the trail of accessibility awareness: An editorial by Stuart Macdonald and Christopher Douwes AMERICANS WITH DISABILITIES ACT — sec below for more on ADA proposals for trails, picnic and cantping facilities, and beaches How does ADA affect trails and greenways? The Americans with Disabilities Act (ADA) requires us to address the accessibility of trails in addition to buildings and programs. A Regulatory Negotiation Committee has dev eloped a final report of new rules for trails and outdoor recreation facilities under the authority of the Access Board in Washington, DC. The Access Board is preparing a proposed set of guidelines for public comment that will address accessible trails, picnic and camping areas, and beaches. These guidelines will be based on a report submitted to the Board by the Outdoor Developed Areas Regulatory Negotiation Committee in 1999. During 2001, the Board is completing a cost-benefit analysis on the proposal, which will be published along with the proposed guidelines after Office of Management & Budget clearance. *Start here: Questions & Answers on ADA trails accessibility ^Comprehensive Discussion of the Proposal by John McGovern: A Work in Progress: Accessible 1 rails, Campsites, and Other Outdoor Recreation Areas ^Details of the Poccss: Negotiators address trails for .Americans w ith Disabilities Act ACCESSIBLE TRAIL DESIGN Federal Highway Administration has a publication Dtsigning Sidewalks and Trails for Access: Review of Existing Guidelines and Practices, which provides examples of what States and localities are doing. To obtain a copy, .send a fax to the FHWA R&T Report Center at 301-577-1421, and request Publication FHWA-HEP-99-006. START Thinking About Universal Access How accessible recreation facilities benefit everyone New fraijs web site will provide Universal Access information hllp://wwAV,americantrails.org'resources/accessible/8/28/2002 Trails and the AMERICANS WITH DISABILITIES ACT- index of articles, projects. apA .. Page 3 of 4 A new Public Rights-of-Way Advisor>' Committee was be established by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) in November 1999. This committee will recommend ADA standards for sidewalks, street crossings, and related pedestrian facilities. GUIDES to ACCESSIBLE TRAILS Black Hills National Forest Guide To Hiking Traits Accessible to People with Disabilities: http://www.cvisions.com/bhtraiIs/ Minnesotans Recreation Areas: a Guide to Universal Access at SO Areas throughout Minnesota is presented by Wilderness Inquiry and Minnesota Department of Natural Resources: http://WWW.WILDEPvNESSINQUIRY.ORG/mnparks/index.htmI Pennsylvania State Parks Accessible Areas and Facilities: http://www.dcnr.siate.pa.us'stateparks/recreation/access.htm Trail Explorer Website: Your input will help evaluate the Trail Explorer Website. See the site and fill out the questionnaire at \vww.trailexplorer.org/traile\plorer/dev. Read the minutes of the September 24, 2000 Trail Explorer Committee meeting. GROUPS supporting ACCESSIBLE TRAILS Disabled Equestrians Organization works to support the use of trails by disabled equestrians; http://w\v"w disabledequestrians.org National Center on Accessibility has classes and resources for all kinds of accessibility issues: www.ncaonline.org PRODUCTS and SERVICES for ACCESSIBLE TRAILS - also see the American Trails products & ser\ ices area EcoTrack modular pedestrian and wheelchair access path for crossing dunes and beaches: http://www.bikeiract'..com/beach_access.htm Beneflcial Designs is an engineering and design firm specializing in technologies that enhance access for people of all abilities; http://wA\-w.beneficialdesigns.com/ Wilderness lnquir>' conducts outdoor adventures, community events, research, training, equipment design, trail and facility assessments and policy development: http://\u\’w.wildemessinquiiy.org/ More on AMERICANS WITH D1SABU.1T1ES ACT http://www.americantrails.org/resources''accessible/8/28/2002 Trails and the AMERICANS WITH DISABILITIES ACT- index of articles, projects, and .. Page 4 of 4 ^Current Proposal: Report on Recommendations by the Regulatory Negotiation Committee, September 1999. The final report of the Regulatory Negotiation Committee on Accessibility Guidelines for Outdoor Developed Areas proposes ADA Accessibility Guidelines (ADAAG) for trails, outdoor recreational access routes, beach access routes, and picnic and camping facilities is available at: http://w\\'\v,access-board.gov/outdoor/outdoor-rec- rpt-htm 1 . Discussion of propo'^ed trail development regulations to comply with ADA 2. Discussion of when and how to apply proposed trail development regulations 3. Proposed Technical Specifications for new and reconstructed trails to comply with ADA 4. Discussion of proposed specifications for picnic and camping areas to comply with ADA 5. Discussion of proposed specificatipn_s for beach access routes to comply with ADA • Clarification on the proposed accessibility guidelines (July 1999) • Standards being developed for accessible ground and floor surfaces (Oct. 99) • Minutes of Regulatory' Negotiation Committee on Access to Outdoor Developed Areas, January 19-22 • PREVIOUSLY Proposed Guidelines for New Trail Construction Under ADA (February 1999) • PREVIOUSLY Proposed Guidelines for Camping Facilities (February 1999) • PREVIOLISLY Proposed Guidelines for Picnic Facilities (February 1999) • PREVIOUSLY Proposed Guidelines for Beach Access (February' 1999) • PREVIOUSLY Proposed Guidelines for New Trail Construction Under .ADA (December 1998) - i—; ; ^'z : Thank you for visiting the American Trails website: http://www. AmericanT rails.org Home - News and Action Alerts -Trail Tracks Newsletter - Resources and Library - Your Comments - Membership Form - Member Groups - Board of Directors - Trails State by State - National Trails Sy mposium - National Trails Training Partnership - National Recreation Trajjs Program http://www.americantrails.org/resources/accessible/8/28/2002 Permit No. ^0((» PERMIT RECORD Date Jif- Type of Permit /^CT/e^ATiOlJ llSi ■7- msL J3J£± ______ ______ 117^___ 7-n -1.2_____ -3--JX*JkJ^_____ -------- ___________OCMI ___ -------------?.:JJiS^X____ __________S-.:>^-70_____ 4-/7- 7^ ------------------_____________________ -----------------------___________________ ____________ ■4“3-7c>______________5^_c____ _______________ H'OS ^S3>3 A-Ij^AzT.)__ I c -:?•■>'■gr 4 ___/Vgtw> /CcTC _____ iTd:/ ___A’>s~V Ty»Ai/<^ ff t -v> _<3 ^r_<^£33jf______ ______/^c-iut ng: ____ r PERMIT RECORD Permit No.Date Type of Permit RUN DATE ta/lA/OZ BATCH SOS PROP ADDR OUNCR NANE TAXPAYER NANE/ADOR PROP AODR ONHER NANE TAXPAYER NANE/ADOR PROP ADDR OWNER NANE TAXPAYER NANE/AODR PROP AODR OWNER NANE TAXPAYER NANE/ADOR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/AODR SB B5-1I7-2S S2 OOOA 00550 TONKAWA RD A N CARLSON ET AL TRUSTEES N C NELSON I B C GAGE C/0 TONKAWA INC P 0 BOX 59159 NPLS NN 55959 SB 05-117-2S SS 0005 00050 TONKAWA RD J N ADAIR i N ADAIR JEANNINE N I NICHAEL ADAIR 050 TONKAWA RD LONG LAKE NN 55S50 SB 05-117-2S SS 0010 OOOBO TONKAWA RD NELINDA LEE BELINDA LEE OBO TONKAWA RD LONG LAKE NN 55350 SB 05-117-2S S3 0013 00092 TONKAWA RD BARBARA PUGH BARBARA PUGH 092 TONKAWA RD LONG LAKE NN 55S50 SB 05-117-23 SS 0010 00000 TONKAWA RD DONALD W LINDALL DONALD LINDALL 000 TONKAWA LONG LAKE NN 55350 HENNEPIN COUNTY PROPERTY INFORNATION SYSTEN PROPERTY OWNERS LIST SB 05-117-2S S2 0005 00520 TONKAWA RD NO ANERICAN FINANCIAL CORP NO ANERICAN FINANCIAL CORP 7 TAX DEPT P 0 BOX 59159 NINNEAPOLIS NN 55959 SS 05-117-2S S3 OOOB 0007S TONKAWA RD DAREL J LEIPOLD DAREL J LEIPOLD 07B TONKAWA RD LONG LAKE NN 55350 3B 05-117-2S 33 0011 OOOB9 TONKAWA RO R E BEUTLER I W K BEUTLER ROBERT E i WENDY K BEUTLER 1331 ARN DR N ORONO NN 55391 SB 05-117-23 33 0019 00700 TONKAWA RD T H SPOONER i J N SPOONER TED H SPOONER 100B5 SUNAC CIR EDEN PRAIRIE NN 55397 SB 05-117-23 3S 0017 00090 TONKAWA RD NICHAEL A CLENENTS NICHAEL A CLENENTS 090 TONKAWA RD LONG LAKE NN 55350 REPORT NO. 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PlASS^Ol PAGE a PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR sa aa-117-23 aa rooa •G699 MINNETONKA HOLD LA L a A GADBAW LAWRENCE W 6ABBAW • B99 MINNETONKA HIGHLAND LANE LONG LAKE MN 5535A sa 06-117-23 AA 0010 00709 MINNETONKA HOLD LA GLEN T NEODERMEYER ETAL GLEN T NEODERMEYER 709 MINNETONKA HIGHLAND LA LONG LAKE MN 55356 3a 06-117-23 AA 0011 00719 MINNETONKA HGLD LA R C SUNDBER6 B L M SUNDBERO RICHARD C I LISA M SUNDBERO 719 MINNETONKA HGLD LA LONG LAKE MN 55356 PROP ADOR OWNER NAME TAXPAYER NANE/AODR 3B Oa-117-23 21 0001 OOaOl TONKAWA RD D R POMIJE I J POMIJE DAVID R POMIJE aOl TONKAWA RD LONG LAKE MN 55356 TOTAL BATCH 503 OOOAO I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. [ 38 05-117-23 33 0003 JOHN E C LOIS A ROGERS 75S TONKAWA RO LONG LAKE MN 55356 38 05-117-23 3 3 0013 HELINOA LEE 680 TONKAWA R3 LONG LAKE MN 55356 3f 05-117-23 33 OOU TED H SPOONER 10085 SUMAC CIR .EDEN PRAIRIE MN 55347 38 05-117-23 33 0018 MICHAEL A C SUSAN M CLEMENTS 64 0 TONKAWA RO MINNETRISTA MN 55364 38 05-117-23 34 0003 ROBERT H LARSON 724 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 3 4 0007 CHARLES A BERTEL SON 760 TONKAWA RO LONG LAKE MN 5 53 56 38 06-117-23 4 1 0080 JESSICA R 6 JOSEPH L NEWMAN 615 MINNETONKA HGLO LA LONG LAKE MN 55356 38 06-117-23 44 0003 JOW L BERG C SHARON R b ERC 65 0 MINNETONKA HIGHLAND LN LONG LAKE MN 55356 38 06-117-23 44 0007 ROBERT HUMPHREY 66 9 MINNETONKA HIGHLAND LA LONG LAKE MN 5 5356 38 06-117-23 44 0011 RICHARD C C LISA H SUNOBERG 719 MINNETONKA HGLO LA LONG LAKE MN 5 5356 38 05-117-23 33 0005 JEANNINE M C MICHAEL ADAIR 650 TONKAMA RO LONG LAKE MN 55356 38 05-117-23 33 0011 ROBERT E t WENOY K BEUTLER 1331 ARM OR N 0R3N0 MN 55391 33 05-117-23 33 0015 THOMAS P GOODYEAR 712 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 33 0019 TEMPLE iSRAti T:.' MINNEAPOLIS 2324 EMERSON AVE S MPLS MN 55405 38 05-117-23 34 0004 ALAN J UPIN 740 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 34 0008 THOMAS S t SUSAN J OKERSTROM 7 70 TONKAWA RO LONG LAKE MN 5535 6 38 06-117-23 41 0091 C CURTIS lee 601 MINNETONKA HIGHLAND LANE LONG LAKE MN 5535 6 38 06-1 17-23 44 0004 CHARLES t LINDA FLEMING JR 680 MINNETONKA HIGHLAND LA LONG LAKE MN 5535 6 38 06-117-23 44 0008 ROBERT P 6 VICKY A NELSON 679 MINNETONKA HIGHLAND LA LONG LAKE MN 5535 6 38 08-117-23 21 000 1 OAVIO R POMIJE 801 TONKAMA RO long LAKE MN 5535 6 38 05-117-23 32 0004 M C NELSON C B C GAGE C/0 TONKAMA INC P 0 BOX 59159 MPLS MN 55 459 38 05-117-23 33 0008 OAREL J LEIPOLD 678 TONKAWA RO LONG LAKE MN 55356 38 05-117-2 3 32 0005 NO AMERICAN FINANCIAL CORP X TAX OEPT P 0 BOX 59159 MINNEAPOLIS MN 55459 38 05-117-23 33 0009 GEORGE L TORKELSON 670 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 33 0012 MICHAEL S £ OLIVIA M BRADLEY 13905 IV.YWOOO ST N H ANDOVER‘MN 553 04 38 05-117-23 33 0013 BARBARA PUGH 692 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 33 0016 DONALD LINOALL 666 TONKAWA LONG LAKE MN S5356 38 05-117-23 33 0017 MICHAEL A CLEMENTS 640 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 34 0001 STANLEY S SANOIFORO 722 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 34 0005 EDWARD A C MARY T CALOWEU 746 TONKAWA RO LONG LAKE MN 5 5356 38 05-117-23 34 0002 P J £ K J MIDDLETON 720 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 34 0006 LAWRENCE W EDELMANN 10344 QUAIL CROWN DR NAPLES FL 34119 38 05-117-23 3 4 0009 ANN C FISHER 774 TONKAWA RO L0N(5 lake MN 5 5356 38 06-117-2 3 41 0072 GEORGE M ROSCOE 4030 ELM ST LONG LAKE MN 55356 38 06-117-23 41 0098 ARNE 0 £ VIRGINIA A HOLM 525 TONKAWA RO LONG LAKE MN 55356 38 06-117-23 41 0106 KAREN FULLER-FEYO 1677 LONG LAKE RO new BRIGHTON MN 55112 38 06-117-23 44 0005 STEPHEN £ PATRICIA SWANTEK 649 MINNETONKA HGLO LA LONG LAKE MN 5 5356 38 06-117-23 44 0006 RICHARD H SPEETER 659 MINNETONKA HGLO LA LONG lake MN 55356 38 06-117-23 44 0009 LAWRENCE W GAOBAW 699 MINNETONKA HIGHLAND UfC LONG LAKE MN 5 5356 38 06-117-2 3 44 0010 GLEN T NE ODER MEYER 709 MINNETONKA HIGHLAND LA LONG LAKE MN 55 356 TOTAL labels BATCH 5 03 0 0040 L TO:Chair Smith and Orono Planning Commiv '>n f ^embers Ron Moorse, Citj' Administrator FROM:Paul Weinberger, Zoning Administrator DATE:August 27, 2002 SUBJECT; #02-2764 Commercial Planned Unit Development (CPUD) Ordinance List of Exhibits: A Draft Commercial Planned Unit Development Ordinance B Zoning Map (Highway 12 Commercial Area) C Zoning Map (Navarre) Background Orono has established 6 zoning districts for commercial uses within the City; B-l (Retail Sales Business District), B-2 (Lakeshore Business District - Sfantms), B-3 (Shopping Center Business District). B-4 (Office and Professional Business District). *'•5 (Limited Neighborhood Business District). B-6 (Highway Commercial District). Each district has a list of permitted and conditional uses along with standards for minimum lot si/c and width, and required building setbacks. While each district can be used for its' intended purpose, the zoning standards for each district only allows buildings that are required to meet minimum setbacks usu.n!lv resulting in development that leads to a building set in the center of the property w ith individual site parking located around the building. Purpose The existing commercial zoning do not have the “fle.\ibilit>" to allow redevelopment or new developntent to follow e.xisting pa-- jnis in certain parts of the City. An example would be the Nav arre ^omtnc.cial area where several bu.;.;ingsare located with a zero setback to the front property lines. Under the existing zoning standards redevelopment or new dev elopment of parts of Navarre would require new buildings to have a 20' front setback froir> front property lines and 30' from rear property lines. The City may want to maintain the sidewalk, pedestrian nature of the NavarreComnercial District. A CPUI) zoning district would allow tlie City of Orono to have the flexibility to consider such requests. Advantages of Planned Unit Developments Planned Unit Developments approv e an individual site plan with individual pcrfomiance standards written into the final devclopitient document. The advantage of rezoning a property to PUD is the approv al is subject lo the final development site plan, it the piojcct is not completed the property would revert to the pre-existing zoning district or be changed to match the guided use of the property as denned in the Comprehensiv e Plan. If a property were rezoned to another *'B" zoning district and the development proposed for that site was never completed, the City of Orono would have little control (wer a new site plan on the property that met tiie requirements of the district. IDs arc widely used in other communities. The one item they have in common is the ability to prov ide greater flexibility in peighborhwxl development or non-rr.;idcntial areas that, what can be done under a conventional zoning district. «02-2764 Commerci.ll Planned Unit Development Ordinance Page 1 of ' uauaGnuk*.,J Some cities define each t>pe of PUD district (residential, commercial, industrial) separately and some group all under one ordinance. Orono would have separate ordinances for each use. Orono ’s Municipal Code does not have sections that stand alone that define standards for items such as landscaping and screening. The RPUD district has listed standards within the district for these items. The proposed CPUD ordinance has also used the standards that are listed and defined within the B-6 district and generally follows those as established for larger scale commercial developments. Summary of Proposed CPUD Standards (A full copy of the proposed ordinance is attached as Exhibit A) The proposed ordinance lists the following as general standards for all developments that would request a rezoning to CPUD. Please note the follow ing are suggested standards that can be amended if the Planning Commission recommends such. 1 . A CPUD can only be considered for properties guided for commercial use by the Comprehensive Plan. 2. CPUD could not be used for properties within the B-2 district. The B-2 district is established for marinas. 3. Properties arc subject to the hardcover requirements as regulated in the Shorcland Ordiance. 4. Individual setbacks would vary depending on the type of development proposed on an individual property, current development patterns of surrounding properties, and the general use associated with the CPUD. The setbacks can be established by the City. This relates to the general “fle.xibility ” the CPUD can allow. However, the ordina nce is written where in no case can a building w ithin a CPUD be located closer than 35 feet to a residentiallv zoned property. 5. I'hc building height limit of the underlying zoning district shall apply. 6. Outside storage shall not be pcmiitted within a CPUD district. 7. More than one building may be placed on one platted or recorded lot in a CPUD site. 8. Signs shall be restricted to those which are permitted as part of a general sign plan approved by the city and shall be regulated witliin the CPUD approval. Any changes to signs not permitted with the CPUD shall require an amendment to the CPUD approval. 9. The City may require a traffic analysis to be prepared by a registered traffic engineer approved by the City to assess potential traffic impacts on local streets. If impacts on service levels of roadway s and intersections are anticipated, the project w ill be approved only contingent upon a traffic management plan that adequately mitigates those impacts. 10. All CPUD developments shall be subject to the general perfonnance standards for lighting per the Zoning Chapter. 11 . Pedestrian access shall be provided to the trail sy stem by means of a public trail constructed at the developer’s e.xpense. Where public rights-of-way are available, at the City’s discretion the trail may utilize the public right-of-way. Trail and sidewalk widths shall be determined by the City to accommodate existing trail.^sidewalk systems and/or by anticipated useage. 12. It is not the intent of the City to restrict design freedom when reviewing project architecture in connection w ith a site and building plan. However, it is in the best interest of the City to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. »02-2764 Commercial Planned Unit Development Ordinance Page 2 of 3 13. Landscaping, Screening and Buffering standards are the identical standards as adopted within the B-6 district. Please review the requirements within Subd. 6 (N) of the draft ordinance. Process The process is a four-step process. I.Concept Plan Review - General review of the proposal with the Planning Commission and City Council. (Typical Sketch Plan Review) 2.Master Development Plan and Rezoning - Approval of the master development plan includes all building and site plans. (Public Hearing. Preliminary Plat review would run simultaneously if platting is required. Generally platting is done with a PUD.) A* the Master Development Development stage is where the City makes a formal commitment to the applicant 3.Development Agreement/Financial Guarantee - Following the approval of the Master Development Plan but prior to final plan approval, the applicant shall enter into an agreement with the City relating to the terms of the CPUD devr 'opment, and shall also provide such financial guarantees as the City requires or deems necessary. 4.Final Site and Building Plan - Approval of final site and building plan for the entire CPUD. (Final Plat review would run simultaneously if platting is required.) Staff Recommendation Staff recommends the Planning Commission first review the revised-draft ordinance and make any changes or •‘tweeks*’ deemed necessary . If the Planning Commission is comfortable with the ordinance after the Work Session review, tlie item will be scheduled for a Public Hearing on September 16,2002. 002-2764 Commercial Planned Unit Development Ordinance Page 3 of3 REVISED DRAFT A CPUD - COMMERCIAL PLANNED UNIT DEVELOPMENT ORDINANCE Subd. 1. Purpose. The purpose of the Commercial Planned Unit Development (CPUD) district is to offer an alternative zone to development or redevelopment of properties located in commercial zoning districts in the City of Orono. The CPUD is to allow alternatives o the restrictions made mandatory in the commercial districts in such a maruier that more efficient means of providing off-street parking, thoroughfare access, separation of vehicular and pedestrian traffic, stabilization of contiguous property values, buffering of adjacent non commercial areas, and other general and pertinent planning considerations may be developed and utilized. Deviation from the definitive and precise requirements of individual commercial zoning districts within the community can be considered, and conditionally allowed as a CPUD if the Council finds the particular areas to be developed can offer greater value to the community and meet the intent of the Comprehensive Plan. The CPUD district will encourage the following: A. flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; D. energy conservation through the use of more efficient building designs and sitings and the clustering of buildings; C. preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, poor soils, wetlands and trees; D. high quality of design and design compatible with surrounding land uses, including both existing and planned; i*. sensitive development in transitional areas located between different land uses and along significant corridors within the city; and F. development which is consistent with the Comprehensive Plan. Subd. 2. Flexibility: The uniqueness of each CPUD requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements if it linds that stri^'t adherence to such standards or requirements is not required to meet the intent of this section or to protect the health, safety or welfare of the surrounding area or the city as a whole. .Subd. 3. Permitted Uses: Any permitied use as regulated in the underlying zoning district and those specific uses approved by the City Couneil shall be treated as potentially allowable uses within a CPUD district. Subd. 4. Conditional Uses: Any conditional use as regulated in the underlying zoning district shall be treated as potentially allowable uses within a CPUD district. Subd. 5. Accessory Uses: Any accessoiy use as regulated in the underlying zoning district shall be treated as a potentially allowable accessory use. Page 1 of 9 Subd. 6. Development Standards; Within the CPUD district all development shall be in compliance with the following: A. Comprehensive Plan. Proposed uses and development of properly shall be only for uses as guided by the Comprehensive Plan. B. Rezoning: Rezoning to CPUD shall only be considered for properties within the B-1. B-3, B-4, B-5, and B-6 zoning districts. C. Site Coverage. Hardsurface coverages shall be is conformance with the requirements of Shoreland Ordinance. D. Setbacks and Separation of Uses. Within the CPUD district the setback for all buildings shall be 35 feet to any residentially zoned property, building setbacks to property lines not zoned for residential use shall be determined as appropriate by the City Council based on the use of the property, use of adjacent properties, and development patterns of adjacent properties. The setback for parking structures shall be 20 feet to street property lines. E. Height Limitalion.s. For properties guided for commercial use in the Comprehensive Plan, a building height limit of the underlying zoning district shall apply. F. Outside Storage Limitations. Outside storage shall not be permitted within a CPUD district. G. More Than One Building Allowed. More than one building may be placed on one platted or recorded lot in a CPUD site. H. Signage. Signs shaP be restricted to those which are permitted as part of a general sign plan approved by the city and shall be regulated within the CPUD approval. Any changes "to signs not permitted with the CPUD shall require an amendment to the CPUD approval. I. Traffic Studies. 1 he City may require a traffic analysis to be prepared by a registered traffic engineer approved by the City to assess pctcntial traffic impacts on local streets. If impacts on ser\ice levels of roadways and intersections are anticipated, the project will be approved only contingent upon a traffic management plan that adequately mitigates those impacts, fhe plan may include travel demand management strategies, use of transit facilities or other appropriate measures to reduce traffic generation, and necessary impro\ements to road systems. The developer shall have the responsibility to install all* necessary road system improvements. J. Building Permits. No building or other permit shall be issued for any work on property included within a proposed or approved CPUD development nor shall an> work occur unless such work is in compliance with the proposed or approved CPUD development. K. Lighting Standards. All CPUD developments shall be subject to the general performance standards for lighting per the Zoning Chapter. L. Trails/Sidc»valk. Pedestrian access shall be provided to the trail system by means of a public trail constructed at the developer's expense. Where public rights-of-way are available, at the City’s discretion the trail ma\ utilize the public right-of-way. Trails shall be of bituminous construction, or .such other material as may be approved by the City. 1 he w idth of the trails shall be determined by the type of trail and necessary width to accommodate the existing connections and anticipated use of the trail. Sidewalks shall be constructed of concrete and use of curb and gutter shall be incorporated when deemed necessary by tnc City. M. .Architectural Standards. It is not the intent of the City to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the City to promote high stajidards of architectural design and compatibility wiin surrounding structures and neighborhoods Architectural plans shall be Page 2 of 9 prepared by an architect or other qualified persons acceptable to the City and shall show the following for all structures: A. elevations of all sides of the building; B. t>pe and color of cxcerior building materials; C. a typical floor plan; D. dimensions of all structures; E. the location of trash and recycling containers and of heating, ventilation and air conditioning equipment. F. Unadorned prestressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials for residential principal and accessory buildings. This restriction shall apply to all principal structures and to all accessory' buildings The city may. at its discretion, allow architecturally enhanced block or concrete panels. G. Accessory buildings shall be architecturally compatible with principal structures. U. All rooftop or ground mounted mechanical equipment shall be screened so as to be not visible. I. .All trash and recycling facilities shall be fully enclosed within a structure. No exterior trash and recycling facilities shall be permitted. J. Underground utilities shall be provided for all new and substantially renovated structures (substantially renovated shall mean when the renovations exceed 30% of the pre-renovation value of the structure). N. Landscaping, Screening and Buffering. Landscape Plan Requirements. Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the City, drawn to the scale of not less than 1 inch equals 50 feet and shall show the following: a. boundary lines of the property with accurate dimensions b. locations of existing and proposed buildings, parking lots, roads, trails and other improvements; c. proposed grading plan with 2-foot contour inter\als d. location, approvimaie size and common name of existing i .•’s and shrubs; e. a planting schedule containing symbols, quantities, common and botanical names, size of plant materials, root condition and special planting instructions f. planting details illustrating proposed locations of all new plant material; g. locations and details of other landscape features including berms, fences and planter boxes; h. details of restoration of disturbed areas including areas to be sodded and seeded; i. location and details of irrigation sy stems; and j. details and cross sections of all required screening. 1. Minimum Landscaping Requirements. All open areas of a lot which are not used or improved for required parking areas, drives, trails or storage shall be landscaped with a combination of deciduous and coniferous species including overstory trees, understory trees, shrubs, flowers and groundcover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: Page 3 of 9 Protect Value (Including building construction, site preparation, and site improvements) Minimum Landscape Value Below $1,000,000 2.0 % of Project Value $1,000,000 - $2,000,000 $20,000 + 1% of Project Value in e.xcess of $1,000,000 $2,000,001 -$3,000,000 $30,000 + 0.75% of Project Value in excess of $2,000,000 $3,000,001 -$4,000,000 $37,500 + 0.25% of Project Value in e.xcess of $3,000,000 Over $4,000,000 1.0 % of Project Value a) nstances where healthy plant materials of acceptable species exist on a site prior to its development, the application of the standards in this section may be adjusted by the City to allow credit for such material, provided that such adjustment is consistent with the intent of this ordinance. b) A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. c) All new overstory' trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 2'/2 inches. Coniferous trees shall be a minimum of si:; feet in height. Ornamental trees shall have a minimum caliper of I'/z inches. d) All site areas not covered by buildings, sidewalks, parking lots, driveways, trails, patios, or similar hardsurface materials shall be covered with sod or an equivalent ground cover approved by the city. This requirement shall not apply to site areas retained in a natural state. A sprinkler system shall be installed in new landscaping areas. f) Not more than 50 percent of the required number of trees shall be composed of one species. The City shall maintain a list of prohibited species which shall not be used for landscaping. g) WTien it is determined by the City that the amount of screening provided by the requirements noted above does not adequately address screening and/or is not compatible with surrounding properties, the City Council may require additional landscaping and screening to ensure that surrounding properties have an adequate buffer to the use(s) and structure(s^ proposed with the CPUD. Page 4 of 9 L 2. Interior Parking Lot Landscaping. All parking lots containing over 30 stalls shall be designed to incorporate unpaved, landscaped islands in number and dimension as required by the City. All landscape islands shall contain a minimum of 180 square feet. Parking lot landscape areas, including landscape islands, shall be reasonably distributed throughout the parking lot area so as to break up e.xpanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch and/or shrubbery as determined appropriate by the City. Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces provided, or major fraction thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the City. 3. Maintenance of Landscaping. The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all ia'sJscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan, and which have died shall be replaced within three months of notification by the city. However, the time for compliance may be extended up to nine months by the city in order to allow for seasonal or weather conditions. 4. Retaining Walls. Retaining walls exceeding four feet in height, and staged walls which cumulatively exceed 16 feet in height or involve more than 4 tiers, must be constructed in accordance with plans prepared by a registered engineer or landscape architect. 5. Landscaping Performance Security Required. When screening, landscaping or other similar improvements to property are required by this ordinance a letter of credit shall be supplied by the owner in an amount equal to at least one and one-half times the value of such screening, landscaping or other improvements. The letter of credit shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal, contracting or other fees in connection with making or completing such improvements. The letter of credit shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to two full growing seasons after the date of installation of the landscaping. The city may accept some other form of security in lieu of a letter of cedit in an amount and under such conditions that the city may determine to be appropriate. In il.e event that construction of the project is not completed within the time prescribed by building pemuts and other approvals, the city n;ay, at its option, complete the work required at the expense of the owner and the surety. The city may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions which may not exceed nine months, may be granted due to seasonal or weather conditions. \\ hen an extension is granted, the city shall require such additional security as it deems appropriate. 6. Screening and Buflering. The following uses shall be screened or buffered in accordance with the requirements of this subdivision: a. All buildings shall be adequately bufTered from residential lots. Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet. Parking facilities shall be buffered with landscape zones. b. Loading docks shall be screened from all lot lines and public roads. Page 5 of9 c. Trash storage facilities shall be fully enclosed within a permanent structure that is architecturally harmonious with the buildings on the property. d. Access roads shall be screened as necessary to eliminate the impact of vehicle headlights shining toward adjacent residential neighborhoods. e. Required screening or buffering may be achieved with fences, walls, earth bemis, hedges, or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1. The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. f. All required screening or buffering shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within ten feet of the traveled portion of any street or highway. g. Screening or buffering required by this section shall be of a height needed to accomplish the goals of this section. Height of plantings required under this section shall be measured at the time of installation. Subd. 8. Review of Application; Procedures. A. Concept Plan Review. In order to receive guidance in the design of a CPUD prior to submission of a fomial application, an applicant shall submit a concept plan for review and comment by the Planning Commission and city council. Submission of a concept plan is required for CPUDs. In order for the review to be of most help to the applicant, the concept plan should contain such specific information as is suggested by the city. Generally, this infomiation should include the following: A. approximate buildings road and trail locations; B. height, bulk and square footage of buildings; C. type and square footage of specific land uses and uses of each tenent; D. generalized grading plan showing areas to be cut, filled and preserved; and E. staging and timing of the development. The comments of the Planning Commission and City Council shall address the consistency of the concept plan with this section. The comments of the Planning Commission and City Council shall be for guidance only and. if positive, shall not be considered binding upon the Planning Commission or City Council regarding approval of the formal CPUD application when submitted. B. Master Development Plan and Rezoning. Approval of a rezoning to CPUD and approval of a master development plan shall be subject to the procedures outlined in the Zoning Code for a zoning code amendment. The master development plan shall contain the following: A. building location, height, bulk and square footage; B. type and square footage of specific land uses; C. detailed street and utility locations and sizes D. parking layout; E. drainage plan, including location and size of pipes and water storage areas; F. grading plan and drainage plan including 2-foot contours; G. generalized landscape plan; H. generalized plan for uniform signs and lighting; I. plan for timing and phasing of the development; J. covenants or other restrictions proposed for the regulation of the development; Page 6 of 9 K. renderings or elevations of all sides of buildings to be constructed in the first phase of the development; L. trait plan; and M. lighting plan Approval of the master development plan shall indicate approval of the prev iously listed items and shall occur in conjunction with rezoning of the property to CPUD. After rezoning of the property to CPUD, nothing shall be constructed on the CPUD site except in conformance with the approved plans and this section. 1 he procedure for notification of and public hearing on the master development plan shall be the same as required for a zoning map amendment. C. Development Agreement/Financial Guarantee. Following the approval of the Master Development Plan but prior to final plan approval, the applicant shall enter into an agreement with the City relating to the terms of the CPUD development, and shall also provide such financial guarantees as the City requires or deems necessar>'. Such agreement may take the form of: 1) a development contract; and/or 2) a Site Improvement Performance Agreement; and/or 3) another form of binding instrument as may be required by the City. D. Final Site and Building Plan. Approval of a final site and building plan for the entire CPUD or for specific parts of the CPUD shall be subject to the procedures outlined in this ordinance. The final site and building plan shal' contain information as required by the City, including the following: 1) detailed utility, street, grading and drainage plans; 2) detailed building elevations and fioor plans; 3) detailed landscaping, sign and lighting plans; and detailed trail plan. Substantial Compliance. The final site and building plan shall be in substantial compliance with the approved master development plan. Substantial compliance shall mean; buildings, parking areas roads and trails are in substantially the same location as previously approved; Dasis For Approval; Conditions. In evaluating a site and building plan, the Planning Commission and City Council shall base their recommendations and actions regarding approval of a CPUD on a consideration of the follow ing: A. compatibility of the propo.scd plan with this section and consistency with the goals, policies, and objectives of the Comprehensive Plan and Surface Water Management Plan; B. preservation of the site in its natural State to the greatest extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general character and appearance of neighboring properties; C. creation of compatible relationships between buildings and open spaces both on the site and adjacent to it incorporating natural site features and with existing and future buildings hav ing a visual relationship to the development, giv ing special attenrion to: D. an internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupa.nts, v isitors and the general community; E. the amount and location of open space and landscaping; F. materials, textures, colors and details of construction as an expression of the design concept and the compatibilitv of the same with the adjacent and neighboring structures and u.ses; and ’.chicular and pedestrian circulation, including walkways, interior drives and parking in Page 7 of 9 L . r terms of location and number access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. G. promotion of energy conservation through design, location, orientation ajid elevation of structures, the use and location of glass in structures and the use of landscape materials and site grading: H. protection of adjacent and neighboring properties through reasonable provisions for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses.; and I. such other factors as the planning commission or city council deem relevant. The Planning Commission and City Council may attach such conditions to their actions as they shall determine necessary or convenient to better accomplish the purposes of this section. Subd. 9. Term of Appro\al. If application has not been made for a final site and building plan approval pursuant to the approved master development plan for all or a part of the property within a CPUD by December 31 of the year following the date on which the CPUD zoning map amendment became effective or if within that period no extension of time has been granted, the city council may rezone the property to the original zoning classification at the time of the CPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of a rezoning, the approved master development plan shall remain ihe legal coirrol governing development of the property included within the CPUD. If construction on the property included within an approved final site and building plan has not started by December 3i of the year following the date on which such final site and building plan was approved or if building construction in a phase of a CPUD approved to be built in phases has not started within this period or if within that period no extension of the time has been granted, the city council may rezone the property to the original zoning clas.* ification at the time of the CPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of rezoning, the approved master development plan and final site and building plan .shall remain the legal control governing development of the property included within the CPUD. Subd. 10. Amendments. Major amendments to an approved master development plan may be approved by the City Council after review by the Planning Commission. The notification and public hearing procedure for such amendment shall be the same as for approval of fne original CPUD. A major amendment is any amendment which: A. substantially alters the location of buildings, parking areas or roads; B. increases or decreases the number of units; C. increases the gross floor area of any individual building: D. increases the number of stories of any building: E. decreases the amount of open space or alters it in such a way as to change its original design or intended use: or F. creates non-compliance with any special condition attached to the approval of the master development plan Page 8 of 9 Any other amendment may be made through review and approval by a simple majority vote of the Council. Subd. 11. Platting Procedure. The platting procedure shall follow the platting procedures as specified in the Subdivision Ordinance. Page 9 of 9 Highway 12 Commercial Area Zoning Map 0,5 0.5 __ 1 Miles City of Orono Commercial Zoning Districts N i E T s 1 L Nf\ piSTAicr •* •• o To: From: Date: Subject: Planning Commission Ron Moorse, City Administrator Planning & Zoning StaO^ Mike GafTron August 27,20(K When Does a Remodel Become a Rebuild? List of Exhibits A - Draft Ordinance Amendment for Discussion B - Memo of March 22, 2002 C - City of Minneapolis Nonconforming Uses Code D - Orono Nonconforming Uses Sections 10.03, Subd. 5 and 10.55 Subd. 26 As noted in previous discussions, when a total rcbu:ld is proposed, the new construction is expected to meet all zoning standards including setbacks, hardco\ cr and structural lot coverage. However, Orono ’s code does not contain a threshold percentage past which a ‘remodel ’ becomes a ‘total rebuild’. The proposed ordinance amendment attempts to establish such threshold conditions. Planning Commission reviewed the draft ordinance on May 14 and suggested that a ‘remodel ’ should be considered as a ‘total rebuild’ when the volume of newly constnictcd or reconstructed spaces exceeds 50% (not 55% or 75% as in prior versions) of the completed building. The ordinance then provides a definition of “newly constructed or reconstructed space ” as a space in which more than 75% oi the surface area of walls, floors and ceiling are new construction. A question was raised by PC as to w hether the mere replacement of wallboard while retaining e.xisting stud walls would constitute a new surface. From a value standpoint (uh-oh, he’s bringing value into the picture) such wall probably could be considered a new surface. How about new studs and sheetrock in the same location as a pre-existing wall? (That is new) Hovv about new' flooring over an existing floor platform? (That is noj new) *NoDConformities* Approach: Value vs \'olumc Value may be a critical discussion point. Most other cities whose codes I’ve reviewed do not address the remoHel/rcbuild issue other than in the ‘nonconformities ’ section of the code, am? then deal with the value of buildings rather than their volume. Minneapolis has a code that deals with loss of DQlKPPfQnTliD g rig hts. In terms of legal nonconforming structures containing conforming uses (which is our typical residential rebuild), the Minneapolis code states that “W hen a legal nonconfonning structure containing a con forming use is damaged or destroyed by any cause or means, to the extent that the cost of restoration exceeds one-half C/i) of its market value, reconstruction of the onronforming structure shall be prohibited. A new structure may be built on the parcel, but only in full conformity w ith the regulations of the district in which it is located.” The term “damaged or destroyed by any cause or means ” suggests that the concept includes voluntary destruction. Orono ’s “Nonconforming Uses” code section (10.03 Subd 5) only appears Remodel vs Rebuild August 27,2002 Page 2 to deal w’th damage by non-voluntary means including “fire, flood, explosion, earthquake, war, riot or act of God ”. 10.03 Subd. 5 has long needed an overhaul to address nonconforming structures separately from nonconfiirming uses. 10.55 Subd. 26 addresses lakeshore nonconformities but should also be revisited. We could establish a 50% ‘valuation threshold* that could be used instead of the proposed ‘percent of volume ’ threshold in deciding when a structure loses its right to remain. Shorewood uses the 50% value threshold via their nonconformities ordinance, and tells owners/builders/remodelers in no uncertain terms that they risk having to do a total teardown and rebuild to current codes if they remove more than 50% of the pre-existing value (based on assessed value); the extent of allowable removals is determined prior to starting the project. In the basic example, if the remodel of a house with an existing structure value of $ 100,000 results in removal of structure that would cost more than $50,000 to replace, the entire structure would have to be made conforming. From an administrative standpoint, it may be as rigorous to determine whether a 50% value threshold is met as it would be to ascertain whether 50% of the final volume will be new spaces. Draft Zoning Code Amendment Exhibit A is an updated version of the draft amendment for consideration. This would add Section i0.03 Subd. 28 to the ‘ General Provisions ” section of the Zoning Ordinance. An alternative (and perhaps more elegant) approach would be to revise the ‘nonconforming use’ section to more clearly address the issue of expansion or alteration of nonconforming structures, separately fix)m nonconforming uses. Let’s discuss this option at the work session... •t k Dran Ver.!6d 2 - 8/27/02 g-27’0^ ORDINANCE NO., SECOND SERIES AN ORDINANCE AMENDING CHAPTER 10 OF THE ORONO MUNICIPAL CODE BY ADDING SECTION 10.03 SUBD. 28 RESIDENTIAL REMODELING “TOTAL REPLACEMENT” STANDARDS The City Council of Orono, Minnesota ordains as follows: SECTION 1. Municipal Zoning Code Chapter 10, Section 10.03 is hereby amended by adding Section 10.03, Subd. 28 to read as follows: Subd. 28. Residential Remodeling “Total Replacement ” Standards. Because the extent of home remodeling can range from minor additions or non-structural cosmetic updates to nearly complete home replacement, and because many existing homes being remodeled in Orono are nonconforming with regard to setbacks, hardcover, lot coverage, etc., the following standards are established to define the threshold levels at which remodeling shall be considered as “total replacement" for zoning purposes, and to define the standards with which “total replacement ” remodeling must comply. A. For any “total replacement ” remodeling as described in this Section, the following standards shall apply: 1) All zoning standards for building location must be met by the new construction and by any existing portions of building that are to remain. 2) The portions of existing structure that encroach a required setback must be removed. The property shall be brought into conformity with ail pertinent performance standards including required yards, setbacks, hardcover, lot coverage, building height, etc. B.Each of the following situations shall be considered as a “total replacement remodeling: Removal of the entire existing superstructure and foundation of a building followed by construction of a new residence, regardless whether the construction occurs w ithin the original footprint. Complete superstructure removal followed by rebuilding on the existing foundation. Page 1 of 2 I A remodeling involving additions or reconstruction of existing spaces when the volume of newly constructed or reconstructed spaces will exceed 50% of the total volume of the completed building. A “newly constructed or reconstructed space” is herein deflned as a space in which more than 75% of the surface area of walls, floor and ceiling are new construction. Attic and basement spaces shall also be included in this calculation. The Building Official shall determine whether a given surface shall be considered as new construction for purposes of this ordinance. Lifting an existing residence superstructure to replace, repair or increase the height of the foundation walls shall be considered as a “total replacement” if the superstructure is moved more than one foot horizontally in any direction as part of the lifting process. SECTION 2. This Ordinance shall be published in THE PIONEER and THE LAKER new spapers and shall be effective upon approval and publication. Adopted by the City Council of Orono on this ayes and___nays. day of ., 2002 by a vote of ATTEST: Barbara Peterson, Mayor Linda S. Vee, City Clerk Page 2 of2 I • B To: From: Date: Subject: Planning Commission Ron Moorse, City Administrator Planning & Zoning Staff Mike Gaffron March 22,2002 When Does a Remodel Become a Rebuild List of Exhibits A - Draft Ordinance Amendment for Discussion When Does Remodeline Become a Total Rebuild for Zonine Purposes? The City is often faced with the issue of a homeowner wishing to preserv’e the existing substandard location of a home when doing extensive remodeling, additions or reconstruction. For zoning purposes, the City has established that when a total rebuild io, planned, the new construction is expected to meet all zoning standards including setbacks, hardcover and structural lot coverage. However, Orono ’s code docs not contain a threshold percentage past which a ‘remodel’ becomes a ‘total rebuild ’. Experience has shown that many projects intended to preserve a substantial portion of the existing house have ultimately ended up as total rebuilds. Typical of these cases: as existing portions of the residence are tom into, it’s determined that they are not worth saving, and by the end of the process there is nothing left of the original house but pieces of the foundation and a wall or two. Where substandard setbacks exist, these cases usually end up in front of the Council for ‘further review’ in the middle of the construction process to determine whether variances will be granted. Lack of a code standard makes this a difficult and sometimes painful process. Establishment of a threshold percentage and/or conditions for distinguishing between remodeling and total rebuilding would be helpful to both staff and applicants. At a minimum this would help to eliminate confusion as to what zoning standard ultimately must be met. While Councils have discussed this in the past, we have never adopted any formal policy. Staff would offer the following as a starting point for discussion: 1. A total rebuild situation ’ requires that all zoning standards for building location must be met, by the new constmetion aod by any existing portions of building that are to remain. 2. Removal of entire existing superstructure and foundation is (obv iously) considered as a “total rebuild situation ’’. 3. ‘Superstructure removal / rebuilding on the existing foundation ’ is considered as a “total rebuild situation ’’. 4.A remodel involving additions or reconstruction of existing space? will be considered as a “total rebuild situation" when the volume of newly constnict&d or recon-.tructed spaces will exceed 75% of the total volume of the completed building. A “newly constructed space" is a space in which more than 50% of the surface area of » floor and ceiling are new construction. Attic and basement spaces must also be included in this calculation. The portions of existing structure that encroach a required setback must be removed. Results of December 20 Joint PC/Council Work Session Consensus was to adopt a formal policy similar in scope to that proposed in the staff memo, but in item 4, change the threshold percentages. A remodel should be considered as a total rebuild when the volume of newly constructed or reconstructed spaces exceeds 55% (not 75%) of the final total building volume; i.e. if just over half of the final product will be new, then it’s a total rebuild, and the entire set of standards (lot area, width, setbacks, lot coverage, hardcover) must be met. Also, a “newly constructed space” will be one in which 7^ (not 50%) of the surface area of walls/ceiling/fioor are new construction; i.e. the consensus was that a room must have 3'4 of its surfaces new to be considered as ‘newly constructed ’. The question was raised as to what constitutes new construction in terms of a wall or floor... does new sheetrock over an existing stud wall L Draft Version 1 - 3/22/02 ORDINANCE NO., SECOND SERIES AN ORDINANCE AMENDING CHAPTER 10 OF THE ORONO MUNICIPAL CODE BY ADDING SECTION 10.03 SUBD. 28 RESIDENTIAL REMODELING “TOTAL REPLACEMENT” STANDARDS The City Council of Orono, Minnesota ordains as follows: SECTION 1. Municipal Zoning Code Chapter 10, Section 10.03 is hereby amended by adding Section 10.03, Subd. 28 to read as follows: Subd. 28. Residential Remodeling “Total Replacement" Standards. Because the extent of home remodeling can range from minor additions or non-structural cosmetic updates to nearly complete home replacement, and because many existing homes being remodeled in Orono are nonconforming with regard to setbacks, hardcover, lot coverage, etc., the following standards are established to define the threshold levels at which remodeling shall be considered as “total replacement ” for zoning purposes, and to define the standards with which “total replacement ” remodeling must comply. A.For any “total replacement ” remodeling as described in this Section, the following standards shall apply: 1) All zoning standards for building location must be met by the new construction and by any existing portions of building that arc to remain. 2) The portions of existing structure that encroach a required setback must be removed. 3) The property shall be brought into conformity with all pertinent performance standards including required yards, setbacks, hardcover, lot coverage, building height, etc. B. Each of the following situations shall be considered as a “total replacement' remodeling: Removal of the entire existing superstructure and foundation of a building followed by construction of a new residence, regardless whether the construction occurs within the original footprint. Complete superstructure removal followed by rebuilding on the existing foundation. Page 1 of2 •J A remodeling involving additions or reconstruction of existing spaces when the volume of newly constructed or reconstructed spaces will exceed 55% of the total volume of the completed building. A “newly constructed or reconstructed space” is herein defined as a space in which more than 75% of the surface area of walls, floor and ceiling are new construction. Attic and basement spaces shall also be included in this calculation. The Building Official shall determine whether a given surface shall be considered as new construction for purposes of this ordinance. Lifting an existing residence superstructure to replace, repair or increase the height of the foundation walls shall be considered as a “total replacement” if the superstructure is moved more than one foot horizontally in any direction as part of the lifting process. SECTION 2. This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall be effective upon approval and publication. Adopted by the City Council of Orono on this ayes and___nays. day of ., 2002 by a vote of ATTEST: Barbara Peterson, Mayor Linda S. Vee, City Clerk Page 2 of2 TopFramc Municode (S^ 9k :::e’cr7cf-j s. Mimieapolis: Code of Ordinances Page 1 of 4 C g-Z?-02_ l-mail Us | Rcfresli Code | I’rinl | F.A.Q. | Help Single Word Search: |Search Advanced Search Jlj Previous Page Show Table of Contents [Mews {Frames :ll] Previous Match Matches: 7 Next Match ►’►‘I Next Page COD^ OF ORPiNANCES CitxQLMJNryEAELOLIS. MINNESOTA Codified through Ord. No 2002-0r-057 enacted_June_2.1. 2002. (Supplement No. 24) Title 20 ZONING CODE* CHAPTER 531 . NOlfCONFORMING USES AND STRUCTURES CHAPTER 531. NONCONFORMING USES AND STRUCTURES 531.10. Purpose. Regulations governing nonconforming uses ana structures are established to control *he continued existence of legal nonconforming uses and structures by bringing about their gradual elimination, by regulating their enlargement, intensification, expansion or reconstruction, and by prohibiting their reestablishment after abandonment or destruction, and to regulate the use of, and construction on, nonconforming lots. 531.20. General prohibition; authority to continue, (s) Uses and structures. No structure or use, or part thereof, shall hereafter be erected, constructed, altered, enlarged, relocated, used or intensified in character or operation except in conformity with the provisions of this zoning ordinance. Legal nonconforming uses and structures shall be allowed to continue so long as they remain otherwise lawful, subject to the provisions of this chapter . Nonconforming uses and structures which were not lawfully in existence on the effective date of this ordinance shall be prohibited. (b) Nonconforming lots. No nonconforming lot shall be used, nor any structure erected thereon except in conformance with section 531.100. ’ ^ (c) Interpretation. This chapter imposes a general prohibition on the enlargement, expansion, restoration relocation, structural alteration or intensification of nonconforming uses and structures, and on the change of any nonconforming use to a use other than one allowed in the district in which the use is iocated. Nothing in this chapter shall be construed to provide a property owner with any property right or other legal right to compel the city to grant an exception to this general prohibition. (d) Chan^ of tenant or ownership. A change of tenancy, ownership or management of anv nonwnforming use or structure shall be allowed, provided there is no change in the nature or character of such nonconforming use or structure, except as otherwise provided by this chapter. (e) Nonconforming signs. on-premise signs may be maintained and repaired, as specified in Chapter 543, On-Premise Signs, except as prohibited by the regulations governing sexually oriented uses contained in Chapter 549, Downtown Districts. » y y inH billboards. Nonconforming off-premise advertising signs ./om_isapi.dll?advqucry=setback&aqucry=setback&headingswithhits=on&headings\vithhits=8/27/2002 TopFramc Page 2 of 4 (f) Legal nonconforming residential uses in residence districts. This chapter shall not prevent a legal nonconforming residential use located in a residence district from reducing the number of dwelling or rooming units on the subject property. 531.30. Establishment of nonconforming rights; certificate of nonconforming use. Any person having a legal or equitable interest in a nonconforming property may apply for a certificate of nonconforming use by complying with the procedure set forth in this section. Upon issuance, a certificate of nonconforming use shall be evidence that the use or structure designated therein is a legal nonconforming use or structure ai that time. (1) Application. Any person having a legal or equitable interest in land may file an application for a certificate of nonconforming use on a form approved by the zoning administrator. Application procedures for certificates of nonconforming use shall be as specified in Chapter 525, Administration and Enforcement. (2) Nonconforming structures. Where an application seeks a nonconforming use certificate to establish the legal nonconforming status of a structure only, or a use nonconforming as to parking only, and not to establish the legal nonconforming status of any use, the zoning administrator may issue or deny such certificate upon review of a certified survey, building permits, or other documentation deemed necessary or sufficient by the zoning administrator. a. Single and two-family dwellings nonconforming as to side and rear yards only. A single or two-family dwelling nonconforming as to side and rear yards only shall have all the rights of a conforming structure, provided the structure is located not closer than three (3) feet from the side and rear lot line, and provided further that the structure shall not be enlarged, altered or relocated in such a way as to increase its nonconformity. For the purposes of this section, the extension of a single or two-family dwelling along the existing setback or the addition of a second story or half-story shall not be considered as increasing its nonconformity, provided the portion of the structure within the required side or rear yard comprises at least sixty (60) percent of the length of the entire structure, and provided further that the structure shall not be enlarged, altered or relocated within the required front yard and all other requirements of this zoning ordinance are met. b. All other residential buildings nonconforming as to yards only. A residential building nonconforming as to yards only shall have ail the rights of a conforming building, except that said building shall not be enlarged, altered, or relocated in such a way as to increase its nonconformity. (3) Nonconforming uses: notice and hearing. The board of adjustment shall hold a public hearing on each complete application for a certificate of nonconforming use as specified in Chapter 525. Administration and Enforcement. All findings and decisions of the board uf adjustment concerning certificates of nonconforming use shall be final, subject to appeal to the city council as specified in Chapter 525. Administration and Enforcement. (4) Determination by board of adjustment. Following the public hearing, the board of adjustment shall determine whether the use or structure is a legal nonconforming use or structure. The burden of proof shall be on the applicant to establish the lawful nonconforming status of the use or structure and the lack of abandonment, change of use or loss under section 531 40 If the applicant does not establish the required facts, no certificate shall be issued If the board of adjustment determines that the use or structure is a legal nonconforming use or structure, it shall direct the zoning administrator to issue a certificate of nonconforming use. The certificate shall state with particularity the type and intensity of specific use which is found to be legal The decision of the board of adjustment may be appealed by any affected person as specified m Chapter 525 Administration and Enforcement. (2000-0r-037. § 1. 5-19-2000) 531.40. Loss of nonconforming rights, {a) Discontinuance.4: ./om_isapi.dll?advqucry=sctback&aqucry=setback&headingsvvithhits^on&headingswithhits=8/27/2002 TopFrame Page 3 of 4 (1) In general. If a nonconforming use or structure is discontinued for a continuous period of more than one (1) year, it shall be deemed to be abandoned and may not thereafter be reestablished or resumed. Any subsequent use of the ia.nd or structure shall conform to the requirements of the district in which it is located. (2) Rebuttal of abandonment. A property owner may rebut the presumption of abandonment only by presenting clear and convincing evidence that discontinuance of the nonconforming use or structure for the specified period was due to circumstances beyond the property owner's control. The property owner shall bear the burden of proof. (b) Change to conforming use. When a nonconforming use has been changed to a conforming use, it may not thereafter be reestablished or changed to another nonconforming use. In addition, v/henever the degree of nonconformity with the provisions of this ordinance is reduced (e g., a use nonconforming by three (3) units is reduced to nonconforming by two (2) units or by one (1) unit), the degree of nonconformity shall not thereafter be increased. (c) Damage or destruction. (1) Legal nonconforming structure containing a conforming use. When a legal nonconforming structure is damaged or destroyed any cause or means, to the extent that the cost of restoration exceeds one-half ( 1/2) of its market value, reconstruction of the nonconforming structure shall be prohibited. A new structure may be built on the parcel, but only in full conformity with the regulations of the district in which it is located. (2) Legal nonconforming use. When a legal nonconforming use is damaged or destroyed by any cause or means, to the extent that the cost of restoring or reestablishing the nonconforming use, including structural repairs and equipment and fixture replacement, exceeds one-half ( 1/2) of its market value, then the nonconforming use shall not be reestablished or resumed. A new structure may be built on the parcel and new uses established, but only in full conformity with the regulations of the district in which it is located. (3) Determining costs of restoration. Determination of the cost of restoration and reestablishment shall be made by the zoning administrator. Ttie zoning administrator may request photocopies of insurance claims and payments, appraisals or other relevant data in the possession of the property owner. Failure to provide such data upon request shall be prima facie evidence that the cost of restoration or reestaoi.shment exceeds the applicable threshold for restoration of the structure or reestablishment of the use. (2002-0r-017, § 1,3-1-02) 531.50. Expansion or alteration of nonconforming uses and structures, (a) Legal nonconforming structure containing a conforming use or a structure containing a use nonconforming as to parking only. Where a legal nonconforming structure contains a conforming use, or where a structure contains a use nonconforming as to parking only, such structure may be enlarged, altered or relocated so long as such enlargement, alteration or relocation does not increase its nonconformity. Buildings accessory to a conforming use or accessory to a use nonconforming as to parking only may be added, provided such accessory buildings conform in all respects to the requirements of this zoning ordinance. (b) Structure (conforming or nonconforming) containing a legal nonconforming use. Stnjctures containing one (1) or more legal nonconforming uses shall not be moved to a new location on the zoning lot, expanded, enlarged or structurally altered in any way, nor shall such use be intensified, except that the city planning commission may permit the relocation, expansion, enlargement, structural alteration or intensihcation of such use or structure or any accessory structure, if it makes the following findings, and the relocation, expansion, enlargement, structural alteration or intensification meets all other applicable regulations of this zoning ordinance (this section shall not authorize a use prohibited in the zoning district in which It IS located to be expanded beyond the boundaries of its zoning lot); (1) A rezoninq of the orooerty would be inaoD''ODriate (2) The enlargement, expansion, relocation, structural alteration or intensification will be compatible with adjacent property and the neighborhood. * /omjsapi.dlI?advquery=sctback&aquery=sctback&hcadings\vithhits=on«&headingswithhits=8/27/2(X)2 TopFrame Page 1 of3 Municode Minneapolis: Code of Ordinances Email Us \ Refresh Code | Prim | F.A.Q. | Help Single Word Search: |Search I Advancet! Search JIJ Previous Page Show Table of Contents jN'iew s |Franics ’rcvlous .\tatcli Matches: 7 Next MaUh ZSiT Next Page CODEJ3F_QRPMANCES Cjt£!W^ MINNESOTA Codified JJWrtjghOrd. 2002-Qr-Q57 enjGtedJyjie2Lj<!5Q2USi^ppii5roentt^ TiMe 20 2PNING.CODE* CHAPTER 531. NONCONFORMING USES^P»tOL§^UCTURES 531.50^ Expansion or alteraliOfT'CTnonconformihg.qg^ and structures, (a) Legal DOI]SQPfQi!n3iD0-$-lructore_cont.ajQinfl.eT^O^orrning use or a structure*teQ|aininQ a use nonconforming 35 tg PS.rKLhO only! .Where a_legaljionCQnfprrrijng structure.contains a confortriirTg-iige, or where a structure contains a use nonconfpfrfiing as to parking only. sucLstructure may be enlarg^dt^altered or relocated so long as,such enl^f§^ment, alteration or relocation does npt increase, its nonconforrnityl^bj^jings accessory to a conforgjmg use or accessory to a use nonconforming es to parking only may be added/pfowtled such a^esediy auildings conform in all respects to the requirernents of this zoning ordinance. (3) The enlargement, expansion, relocation, structural alteration or intensification will not result in significant increases of adverse off-site impacts such as traffic, noise, dust, odors and parking congestion. (4) The enlargement, expansion, relocation, stiuctural alteration or intensification, because of improvements to the properly, will improve the appearance or stability of the neighborhood. (5) In districts in which residential uses are allowed, the enlargement, expansion, relocation, structural alteration or intensification will not result in the creation or presence of more dwelling units or rooming units on the subject property than is allowed by the regulations of the district in which the property is located. (6) The enlargement, expansion, relocation, structural alteration or intensificaticr. will not be located in the floodway district. (c) Expansion of a nonconforming outdoor use. No nonconforming, principal outdoor use of land shall be expanded to occupy a greater area of land than was occupied on the date si'Ch use first became a legal nonconforming use, nor shall such outdoor use be moved, in whole or in part, to any other portion of the lot or parcel than was occupied by such use on the date the use first became a legal nonconforming use or otherwise intensified, except as provided in section 531.70. (d) Process. Any person having a legal or equitable interest in land may file an application for an expansion, enlargement relocation, structural alteration or intensification under subdivision fb) on a form approved by the zoning administrator. Application procedures shall be as specified in Chapter 525 Administration and Enforcement. The city planning commission shall hold a public hearing on each complete application as specified in Chapter 525, Administration and Enforcement. (e) Conditions and guarantees. The city planning commission may impose such conditions on any proposed enlargement, expansion, relocation, structural alteration or intensification under subdivision (b) and require such guarantees as it deems reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this zoning ordinance and policies of the comprehensive plan. (0 Appeal. All findings and decisions of the city planning commission under this section shall be final subject to appeal to the city council as specified in Chapter 525. Administration and Enforcement. ./om_isapi.dll?advquery-sctback&aqucty=sctback&headings\vithhits=on&headingswithhits=8/27/2002 TopFrame Page 2 of 3 (g) Enlargements, expansions, relocations, structural alterations or Intensifications In the FP Floodplair Overlay District. Any enlargement, expansion, relocation, structural alteration or intensification of a nonconforming use sr structure which would result in increasing the flood damage potential of the use or structure shall be protected to the regulatory flood protection e'eva'ion or floodproofed in accordance with any of the elevation on fill or floodproofing techniques (FP-1 iiir jgh FP-4) allowed in the state building code. However, if the cost of all enlargements, expansions, relocations, structural alterations and intensifications exceeds fifty (50) percent of the assessor's current market value of the structure, then the entire structure shall be made to conform to the elevation and floodproofing standards of the FP Floodplain Overlay District. (2000-0r-037, § 2, 5-19-2000) 531.60. Exceptions to enlargement limitations. The addition, alteration or enlargement of a deck, open balcony, open porch, handicap ramp or entrance vestibule to any nonconforming residential use or structure with four (4) or fewer dwelling units shall be allowed and exempted from the provisions of section 531.50, provided the following conditions are met; (1) The addition, alteration or enlargement of a deck, open balcony, open porch, handicap ramp, or entrance vestibule shall not exceed one hundred (100) square feet for any one (1) or a combination of two (2) or more of said exempted structures. (2) The addition, alteration or enlarpement shall comply with the yard, height and all other applicable requirements of the district ii which the property is located, unless a variance is granted. (3) No required off-street parking space(s) shall be lu-l as a result of the addition, enlargement or alteration. 531.70. Equipment replacement. Legal nonconforming scrap/salvage yard, metal milling facilities, and concrete, asphalt and rock crushing facilities, shall be regulated for purposes of equipment replacement as follows: (1) Permanent equipment replacement. A legal nonconforming scrap/salvage yard, metal milling facility, or concrete, asphalt and rock crushing facility, may replace existing equipment included on a certified list of shredding, milling, grinding, baling or packing equipment for the handling of scrap or salvage materials, or a certified list of crushing or grinding equipment for the handling of concrete, asphalt, rock or similar materials, properly submitted to the zoning administrator by August 31, 1992, in accordance with the requirements of the zoning code of 1963. With respect to the permanent replacement of such equipment, such facility may increase by up to ten (10) percent Uie rated compression capacity, shear force capacity or other appropriate power or capacity measurement approved by the zoning administrator for the piece of equipment being replaced. A piece of equipment shall be allowed only one (1) increase of up to ten (10) percent in any ten (10) year period. (2) Temporary equipment replacement. a. In general. Equipment may be temporarily leased and used at such facility during mechanical breakdowns or the overhaul or repair of existing equipment included on the certified list of shredding, milling, grinding, baling or packing equipment, or on the certified list of crushing or grinding equipment, for periods of less than thirty (30) continuous days and not exceeding sixty (60) total days in any one (1) calendar year, subject further to the requirement that the rated compression capacity or other appropriate power or capacity measurement of the temporary equipment shall not exceed by more than ten (10) percent the rated capacity measurement of the equipment temporarily replaced. ,./om_isapi.dlI?advquery=setback&aquery=setback&headingswithhits=on&headingswithhits=8.'27/2002 TopFramc Page 3 of 3 b. Hardship. Upon application to the zoning administrator showing that the operation of this section would create a substantial hardship, the period allowed for temporary leasing and use of equipment at the facility may be extended for the time reasonably required to complete the necessary equipment repair or replacement, not exceeding a total additional period of sixty (60) days. (3) Drive-through banUrtg facilities. Any lawfully nonconforming drive-through banking facility may replace teller-served equipment with automatic teller machines, or vice versa, provided the number of drive-through lanes shall not be increased, and subject to all other applicable regulations of this zoning ordinance. 531.80. Change of use. (a) Standards. A nonconforming use may not be changed to any use other than a use permitted in the district in which the use is located, unless approved by the city planning commission in accordance with this section. The city planning commission may approve a proposed change in use If it finds that the proposed use is compatible with adjacent property and the neighborhood and is less intense than the existing nonconforming use. In determining whether a use is compatible and less intense, the city planning commission shall consider but not be limited to the following factors: (1) (2) (3) (4) (5) (6) (7) (8) (9) Hours of operation. Signage Traffic generation. Off-street parking and loading. Nature of business operations. Number of employees. Building bulk. Aesthetic impacts on surrounding property. Lighting, noise, odor, heat, glare and vibration. Previous Page ilJ previnii<( Match Matches; 7 Next .Match Next Page P‘1 .iom_i8api.dll?advqueiy=8ctback&aquery-8ctback&headingswithhits=on&headingswithhits=8/27/2002 TopFrame Page 1 of 4 Municode Minneapolis: Code of Ordinances Hnuil Us I kefiesh Code | Print | F-.A.O- I Hcl| Single Word Search: |Search I Advanced Search Show Table of Contents |\'lcws |Fr:mics ILI Previous Page Previous Match Matches: 7 Next Match ^>*‘1 Next Page POPE OFjPRDjNANCES City of MINNEAPOLIS. MINNESOTA Codified through Ord. No. 2002-0r-057. en5£ted-Jjjne.2L-2002. (SuppleiTien! No, 24) Title 20 zoning CODE* CHAPTER 531. N.ONCONfORMLNGJJSES AND STRUCTURES 531.80. Change of use. (a) Standards. A nonconformjng usejriay not be chariged to any use 0Jh0Lthan_p.gse.perfT!itted ip the district in whichJhe use is located, unless approved bythepity planning COIIUniSSipnJgaccordance with this section. The city planning commission may approve a proposed change in use if it finds that the proposedjuse is compatible with.adjacent property and the neighborhood and .is less intense than the existing nonconforming gse,jn determining whpthfir a ii«ip is compatible and less intense, the c ity plan ning comm ission shall consider but not bejimited to_the following facto rs (b) Process. Any person having a legal or eguitable interest in land may file an application for a change of nonconforming use on a form approved by the zoning administrator. Application procedures for a change of nonconforming use shall be as specified in Chapter 525. Administration and Enforcement. The city planning commission shall hold a public hearing on each complete application for a change of nonconforming use as specified in Chapter 525, Administration and Enforcement. (c) Conditions. The city planning commission may impose such conditions on any proposed change of noncoriforming use and require such guarantees as it deems reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this zoning ordinance and policies of the comprehensive plan. (d) Appeal. All findings and decisions of the city planning commission under this section shall be final subject to appeal to the city council as specified in Chapter 525. Administration and Enforcement. 531.90. Maintenance and repair. Norma' maintenance and repair, including cosmetic changes, may be performed on any noiiconforming structure or on any conforming structure containing a nonconforming use, provided however, that no such maintenance or repair shall result in an expansion or enlargement of the use or structure or increase the extent of the nonconformity, except as othenwise provided by this chaoter. Normal maintenance and repair shall not include a structural alteration. Except as governed by section 531.70, for the purpose of this section, maintenance and repair shall include the replacement of above ground storage tanks where safety of operation of the installation requires such replacement, and other replacements of. or substitutions for, indoor machinery or equipment not involving structural alterations which will increase the bulk of the building or structure, and replacement of underground tanks, provided any such replacement of an underground tank complies with the provisions of this ordinance and ail other applicable regulations. 'omJsapi.dll?advqucry=seiback&aqucr>’=setback&headingswithhits=on«S:headings\vithhits=8/27/2002 TopFrame Page 2 of 4 531.100. Nonconforming lots, (a) General restriction; exception. No building, structure or use shall be erected, constructed or established on a nonconforming lot unless a variance is granted by the board of adjustment, except as otherwise provided in this section. Subject to the requirements of subdivision (b), and notwithstanding any other provision to the contrary, in the R1 through R4 Districts and OR1 District, a single-family dwelling shall be permitted on a lot of record existing on the effective date of this ordinance, and in the R5. R6. OR2 and OR3 Districts, a two-family dwelling shall be permitted on a lot of record existing on the effective date of this ordinance, provided that the yard dimensions and all other requirements for the district in which the lot is located, not involving lot area or lot width, shall be met. (b) Required merger of common ownership lots. Notwithstanding the provisions of subdivision (a), if in a group of two (2) or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel is nonconforming as to lot width or lot area, such individual lot or parcel shall not be sold or developed as a separate parcel of land, but shall be combined with adjacent lots or parcels under the same ownership or control so that the combination of lots or parcels will equal one (1) or more parcels of land each meeting the full lot width and lot area requirements of this zoning ordinance, and Chapter 598 of the Minneapolis Code of Ordinances. Land Subdivision Regulations. (c) Lots nonconforming as to maximum lot area. Notwithstanding the provisions of subdivision (a), a lot that is nonconforming as to the maximum lot area of the zoning district only shall have all of the rights of a conforming lot. except that such lot shall not be enlarged. (2002-0r-017. § 2. 3-1-02) 531.110. Compliance with current standards. All nonconforming uses and all conforming uses in nonconforming structures shall at all times maintain compliance with all general performance standards and with all landscaping, screening and curbing requirements applicable in the district in which the use is located, or applicable in the most restrictive district in which the use is first allowed, whichever has the greater requirement. Upon dt .ermination by the zoning administrator that strict compliance with applicable standards would be practically or economically infeasible, the zoning administrator shall require compliance with such portion of applicable standards as is practically and economically feasible. (2002-0r-017, § 3. 3-1-02) CHAPTER 53^S^EGULATIONS OF GENERAL APPLICABILITY RAL>IARTICLE I. GENERAL IVISIONS 535.10. Purpose. This chapter is ^tjlished to provide reflations of general applicability for property throughout the citHqpromote^he orderly development and use of land, to protect and conserve the natural eriWqnjnent, to minimize conflicts among land uses, and to protect the public health, saf^/ah<welfare. 535.20. Scope of regulations. The regfjlations set forth inthis^hapter shall apply to all structures and all land uses, excels otherwise provided in this^QQing ordinance. 535.30. Essential uses. T|ifollowing uses, being essential for the oper^on of any zoning district, are perrnijtdd in any district: Wires, cables, conduits, vaults, piflines or any other similar distrijxition equipment of a public utility, except as otherwise ^vided in this zoning ordinanpe or other federal, state or local regulation. ^ ./om_isapi.dll?advquery=setback&aquer>'=sc!back&headingswithhits-on&headingswithhits=8/27/2b02 g-2r>-oi^ MS^ ^(^vrtef^ pAo^ /^,0B 6>kt^€/Z*n. PiZe>\J'SioA:><. g>\~ c^Ci&- I* Subd. 5. Non-Conforming Uses. Any land or buildings which were actually and legally devoted to a non-conforming use on January 1, 1975, may be continued in said non-conforming use pursuant to conditional use permit granted as hereinafter specified. A. The non-conforming use may not be changed to another non-conforming use. B. Nothing in this Zoning Chapter shall pre\ • it the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector, providing the necessary repairs shall not constitute more than fifty percent (50%) of the fair market value of such struettu^. Structure shall include such accessory features attached to the structure or located anywhere on the land, such as si^s, marquees, monuments. ORONO CC (4-1-84) § 10.03 C. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. D. Whenever a lawful non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is seventy-five percent (75%) or more of its fair market value as shown on the assessment records at the time of damage, in which case the whole thereof shall be demolished, and any construction thereafter shall be for a use in accordance with the provisions of this Zoning Chapter, E. Whenever a lawful non-conforming use of a structure or land is discontinued and remains discontinued for a period of twelve (12) months, any future use of said structure or land shall be in conformity with the provisions of this Zoning Chapter. F. Any lawful non-conforming use of land not involving a structure, and any L'"vful non-conforming use involving a structure with an assessor's fair market value upon the effective date of this Zoning Chapter of $3,000.00 or less, maybe continued for a period of thirty-six (36) months after the effective date of this Zoning Chapter, whereupon such non-conforming use shall cease, unless brought into conformity with the Zoning Chapter. G. Any proposed structure which will, under this Zoning Chapter, become non-conforming but for which a building permit has been lawfully granted not more than six (6) months prior to the effective date of this Zoning Chapter, may be completed in accordance with the approved plans; provided construction is started within six (6) months of the effective date of this Zoning Chapter, and continues to completion within two (2) years. Such structure and use shall thereafter be a legally existing non-confomiing strueture and use. H. Nomial maintenance of a building or other structure containing or related to a lawful non-conforming use is pemiitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use. I. Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or bulk of the building. Source: Ordinance No. 172 Effective Date: 1-1-75 J. Apply to "Uses" Only. The non-conforming use provisions of the Zoning Chapter apply only to the use to which land and buildings are put, and do not apply to situations where location or height of structures, lot size or other factors not involving the use of the premises prevent strict conformance with the requirements of the Zoning Chapter. Where, however, such a situated (sic) existed legally under the prior applicable law, the Counci 1 will not unreasonably require strict compliance and will generally look with favor on granting of a variance under Section 10.08. ORONO CC 252 (4-1-84) ^x/jt^T-iM^z Subd. 26. Non-conforming Uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section but which is not in conformity with the provisions of this Section may be continued subject to the following conditions: A. No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity. B. No structural alteration or addition to any non- conforming structure over the life of the structure shall exceed 50 percent of its value at the time of its becoming a non-conforming use, unless the structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. C. Any alteration or addition to any non-conforming use which would result in substantially increasing its flood damage potential shall be protected in accordance with Subdivision 14, Subparagraph E of this Section. D. If such use is discontinued for twelve consecutive months, any future use of the building premises shall conform to this Section. The assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for a period of twelve months. E. If any non-conforming use is destroyed by any means, including floods, to an extent of 50 percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this Section. However, the City may issue a conditional use permit for reconstruction if the use is located outside the floodway and, upon the reconstruction, is adequately flood proofed, elevated or otherwise protected in conformity with this Section. F. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses. G. Except as provided in Subparagraph E above, any use which has been permitted as a conditional use shall not be considered as a non-conforming use. H. Non-conforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this Section within a reasonable period of time as determined by the City, after a hearing for each such non-conforming use. The Council shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such non-conforming use, by reason of the limitation on establishment of competing businesses as a result of this Section, shall be considered as a reduction of losses resulting fimm the requirement of termination of the use under this Section. TO: FROM: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator J) DATE:August 28,2002 SUBJECT: #02-2830 Building Height Draft Ordinance The zoning ordinance defines Building Height as “The vertical distance between the highest adjoining ground level at the building or tenfeet above the lowest ground level, whichever is lower and Ihe top ofthe cornice of a flat roof or the deck line ofa mansard roof, or the uppermost point on a round or other arch type roof, or the average height of the highest gable ofa pitched or hipped roof Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. " The building height ordinance consists of two elements; 1) a limit on the measured height of a structure, and 2) a limit on the number of stories. In the residential zoning districts the maximum height permitted is “2*/2 stories or 30’ in hciglu". Staffhas interpreted this to mean that both standards must be met, i.e. you can’t have 3 stories even if it meets the 30’ height limit, and you can’t exceed the 30’ height limit even if you only have 2 stories. How Building Hcielit is Measured It is a relatively straightforward matter to measure (on a scaled drawing) the height of a building once the lower and upper measurement points have been determined. In most cases residential buildings are constructed with a gabled style rooflinc. The height of a gabled roof by City definition is measured at the vertical midpoint of the roof between the peak and the eave. However, there are many cases when the highest gabled roof has windows, dormers or an elevated ceiling height. It has been City policy to measure the building height differently than just peak to eave when the entire space located within the roof area is used as living space. When living space is located within the roof, if there are any windows to that space such as dormer windows or gable-end windows (but not merely skylights), the height then is measured at a point half wiy between the top of the living space (or ceiling height of the uppermost level) and the peak. Defining "Half-Storv* The zoning ordinance does not define a story. The Planning Commission reviewed a definition of a half- story taken irom The Illustrated Book of Development Definitions (Moskowitz & Lindbloom, Rutgers University Center for Urban Policy Research, 1981) when reviewing a recent zoning application which defines the upper story as a half story when both these conditions arc present: a) the portion of it with headroom 5 ’ or lower is at least 40% of the floor area of the story below (refer to Illustration A); and b) the roof intersects with the building outside wall at a point no more than 3’ above the floor cfleifpa- story. The figure below illustrates the proposed definitiop of a half story in The Illustrated Book of Development Definitions. Ao*/o Oft ftx^ooK^ ak-ea ’•e»" - THBW *A" IS A HAUF> -ST«R.V. The figures below were prepared by Mike Gaffron, Planning Director, when reviewing a recent zoning application. Illustration # I shows a hvo-story house. Figure H2 shows a 2 '/j story house. The uppermost story of the house shown in figure H2 is assumed to be a story because the uppermost, floor meets the requirements of the City policy relating to a half-story. Because a policy is difficult to communicate and understand, defining half-story in the Code is proposed. r > Staff Recommendation Staff is recommending the following definition for half story be considered. Half-Storv: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's area exceeds five feet in height, including all dormers, finished space and unfinished space as measured from the floor to the rahers. Floors not meeting this definition shall be deemed a story. Planning Commission should also consider what the intent of the building height standards are when discussing definitions. The half-story definition allows windows above the second story. The two figures shown at the bottom of page 2 indicate a building of the same peak height, but how the building is measured changes the actual deflned height from 30 ’ in figure I to 35 ’ in figure. Some discussion will be required on how building height is measured vs. the deflned building height. Should the current policy on measuring building height from the uppermost ceiling height to the peak of the roof continue? This is a discussion item for the September 4. 2002 Work Session. If the Planning Commission feels amendments and/or additions to the Zoning Chanter are necessary this will be scheduled to appear on the October 21. 2002 agenda for a public hearing. i 6, To: From: Date: Subject: Planning Commission & Council Mike Gaffron, Planning Director August 9,2002 Lot Coverage vs Hardcover - Which Takes Precedence? - For lots over 10,000 s.f.: Synopsis Recent applications involving hardcover and/or structural coverage issues have raised a question as to whether 15% lot coverage is an allowance (i.e. a right to have the minimum amount) or a limit (i.e. the level which cannot be surpassed, but is not guaranteed). There is a significant difference between the two concepts, and how well that difference is understood clearly affects the consistency with which we treat applications. ^ As author of the lot coverage ordinance in 1989,1 interpret the lot coverage ordinance as follows: - For lots of 10,000 s.f. or less: 1500 s.f. of structure is an allowance and a right, but does not absolutely guarantee that variances will be automatically granted for other unrelated standards such as hardcover. Site plans that minimize the degree of hardcover variance should be strived for. The code as worded is interpreted to mean that the minimum of 1500 s.f is an allowance and a right, but “15% of the lot area” is merely a limit and there is no guarantee or commitment on the City ’s part that such a property can have a full 1 5% if other factors such as hardcover are limiting. issue is whether the lot coverage allowance or limit takes precedence over hardcover. A key point IS that the hardcover and lot coverage ordinances have different intents, and should be ?co/'u variance requests. In my opinion, for lots over 10,000 s.f 15 /o should n^ be considered as a “guaranteed right regardless of the hardcover impacts”, alihoueh for lots of 10,000-15,()00 s.f the need for a hardcover variance to accomplish a functional site layout IS likely. For tiny lakeshore lots of 10.000 s.f or less, I believe it was always understood that hardcover variances were going to be necessary in many cases. Background The original lot coverage ordinance, adopted in 1989, reads as follows: I coverage. In all zoning districts, for all lots of 0-1 .99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed (editorial emphasis added) 1 5% of the lot area. The following shall be included in calculation o ’''•t coverage by structures: 1. All roofed structures which extend more than 6' above prade level. Lot Coverage vs Hardcover August 9,2002 Page 2 2. Tennis courts, patios, decks, and all similar "open" structures when partially or fully enclosed by fences, railings or walls which extend more than 6’ above grade level (if any portion of such structures extends more than 6* above grade level, the entire structure shall count toward lot coverage). EXCEPTION. Regardless of lot area, every developed lot shall be allowed {cd\tona\ emphasis added) at least 1,500 square feet of lot coverage by principal residence and garage structures.” The following was added in 1990 to the list of items included in the calculation: “3. Pools, including pool basin and associated deck or patio areas, regardless of whether such pool basin, deck, or patio is enclosed with a fence.” The ordinance language was reorganized in March 2002 to be more readable and to clarify what portions of buildings are included in the caleulation, but this did not change the text of the preamble or the e:<ception. The idea of limiting coverage by structures was brought up initially as a tool to deal with the potential of having too many accessory buildings on a property, leading to a cluttered, dense visual appearance. This was being discussed at the same time we were considering lot-size-relatcd allowances for accessory buildings larger than 1,000 s.f., so we wouldn’t have to continue to treat them as variances. As the concept developed over many Planning Commission discussions in 1 988- 89, lot coverage by structures became seen as a tool to address the over-expansion of homes on small lots near the lake. The intent of the Lot Coverage ordinance as noted in my memo of July 21 ,1989 w as “to limit visual density on a property”. The 15% limit was chosen as a comfortable visual level of coverage that would on most properties leave a sense of visual openness in the neighborhood. There was no intent that limiting lot coverage was intended to address the issue of water quality; we had hardcover ordinances in place that would deal with »hat topic. Noting that the impacts of a strict 15% limit would make it difficult to construct a reasonably sized home on very small existing lots, it was then suggested that a “minimum allowance be granted for small lots”. It was concluded that for any lot, 1 500 s.f of structures was the minimum necessary to accommodate a modest functional house and garage. Planning Commission understood that inherent in that 1500 s.f. “guarantee ” for tiny lots, was that hardcover variances would likely be necessary. An example would be an 8,000 s.f lakeshore lot. 50' wide x 160' deep in the '/j acre zone: - Allowed lot coverage including house and attached garage would be 1500 s.f. - Allowed 75-250' hardcover would be 25% of (160-75)x50 = 1,062 s.f - The minimum driveway needed to serve an attached garage setback 30' from the street as required by code, w ould be say, 16' x 30' or 480 s.f. - Add in 30' of 3' wide sidewalk (90 s.f) and the total minimum hardcover to make this house functional is (1500 + 480 + 90) = 2,070 s.f. or about 49% hardcover Lot Coverage vs Hardcover August 9,2002 Page 3 It is my opinion, however, that the Planning Commission never intended that lots larger than 10,000 s.f. would be ‘guaranteed’ the necessary hardcover to have 15% lot coverage regardless of the hardcover ramifications, but would merely be guaranteed 1500 s.f. This can still be a problem for certain lots that are just over the 10,000 s.f. threshold. For example: -12,000 s.f. lot, 60' wide and 200 ’ deep - 75-250 ’ area = 60 X (200-75) =7500 s.f; 25% = 1875 s.f. of allowed hardcover - 1500 s.f, house/garage plus 480 s.f. driveway and 90 s.f. of sidewalk = 2070 s.f. - 2070/7500 = 28% hardcover while being at 12.5% lot coverage. It’s probably fair to say that typical lakeshore lots in the 10,000-15,000 s.f. range cannot take advantage of the full 15% lot coverage without a hardcover variance, and likely will need a hardcover variance even if held to the 1500 s.f. allowance. Conclusions The limiting factor for development of a given lakeshore property can be either the 15% lot coverage limit or the 25% 75-250' hardcover limit, depending on the size and shape of the lot as well as house location and other factors. Because the intent of the hardcover ordinance and the intent cf the Jot coverage ordinance are different, compliance with one should not allow you to automatically vary the other. They should be considered as mutually exclusive. Just because the 15% limit is met, this does not mean a hardcover variance is warranted. The exception is that for lakeshore lots under 10,000 s.f.(and perhaps for most lakeshore lots up to about 15,000 s.f.) the 1500s.f, allowance often takes up most ofthe allowed hardcover, leaving no room for necessary sidewalks, driveways, etc. In this case, lot size and the 1500 s. f. allowance are reasonable hardships that justify a hardcover variance. I