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HomeMy WebLinkAbout02-23-1994 Planning Work Sessionr 1 MINtTES OF THE ORONO PLANNING COMMISSION WORK SESSION WEDNESDAY, FEBRUARY 2X 1994 ROLL The Orono Planning Commission met on the above date with the following members present; Chair Charier, Schroeder, Janice Berg, Steve Peterson. Charles Nolan Jr. who arrived at 5:30 p.m., and Sand\ Smith. City staff was repre.sented by Assistant Planning & Zoning Administrator Michael Gaffron and Recorder Lin Vee. Members of the public present were Gary DeSantis and Richard Anderson representing Sailors World; Tom Enlow, 3185 North Shore Drive: Bev Blomberg, 3180 North Shore Drive; and JayAn Zullo, 3160 Nonh Shore Drive. The meeting was called to order at 5:13 p.m. Schroeder explained this work session was to continue discussion of the B-2 Marina Zone and asked Gaffron to review past discussions. Gaffron continued that the Committee has been working through a proposed draft ordinance and has discussed u.ses, parking requirements (one of the main concerns with marinas), yard, landscape and area requirements, and about half of the additional performance standards. Discussion needs to be continued regarding additional performance standards; setbacks, hardcover, and tree removal; drainage; non-conforming uses; variances and landscaping; regulations for docks; and finish discussion of permitted, accessory and conditional uses. Schroeder reviewed the requests by some marina owners to consider some non-traditional marina activities such as cross-country ski rental, snowmobile repair and coffee shop operation. Schroeder expressed his thoughts regarding fishing tournaments and was not opposed to them as an accessory use provided there was a licensing prtKedure. Peterson noted the Chief of Police approves such a license and can stipulate requirements for the operation of a tournament. The Committee agreed to leave fishing tournaments as an accessory use. Cross-country ski rental and sales were discus.sed. Although this is not a marina based activity, there seemed to be no good reasons why this activity should not be allowed. DeSantis asked that the Committee consider including cross-country ski rental and sales as an accessory use. All members present were in agreement. Discussion continued with snowmobile sales/rental/service and snowmobile lake operations base. Peterson was opposed to any snowmobile activity at the marinas as it has nothing to do with marina activities. He stated that if the marinas were called something else and the code changed, then he would consider snowmobile activity. Schroeder agreed. Anderson stated that until recently snowmobile sales haven't been profitable which is why snowmobile sales have not been associated with marinas. Me noted that St. Alban’s Bay sold Snow Jet and Yamaha as an accessor>’ use in the winter in 1969. Back when snowmobile sales were good, it was a primar>' use for marinas in the winter. North Star (Lakeside) at one time MIMTES OF THE ORONO PLANNING COMMISSION WORK SESSION WEDNESDAY. FEBRUARY 23, 1994 st>Id Polaris machines. McCharles sold Skidix>s and Wayzata Marine sold snowir'biles. Anderst>n added that Skidix), Yamaha. Polaris and Arctic Cat are the major dealers a>. <souid not put dealerships ch)se together at neighbt>ring marinas. Not all marinas could have sales because there wouldn't be enough dealerships. Peterson questioned this and thought some marina owners would not pursue winter activities such as snowmobile sales because they have enough repair and service business from the boating season to carry' them through the winter. DeSantis felt that history shows marinas and snowmobiles do mi.x. Schroeder explained that the Planning Commissu>n is considering uses that are not currently in the code, and snowmobile sales and rental is not currently allowed. Anderson asked why snowmobiles would not be allowed. Schroeder thought one reason was that the neighbors may object to the noise, particularly rental of snow mobiles. Another rea.son w ould be that bubbling marinas cause a significant safety issue. In addition to the noise, there is potential for snowmobiles to go through neighbors’ yards. Anderson agreed that there ctiuld be a problem with driving through yards, but noted that newer snowmobiles have decibel regulations for noise. Berg stated they are still noisy as she lives on the lake and hears them. She felt noise on the lake carries better in the winter. Anderson stated the LMCD has adopted an ordinance for snowmobiles to operate 300 feet away from shore and felt if they were obeying this law, they would be difficult to hear on shore. DeSantis noted the exhaust system is better but some operators run straight pipes. He pointed out that whether marinas are involved or not, snowmobiles will not be kept off the Lake. Smith noted that snowmobiles cause safety and traffic issues because they cannot be kept on the lake. They do go into yards, along and across streets. Peterson suggested this activity be split into two issues - sales/service and rental. Smith agreed. Anderson reminded members that at the first meeting, there was a Lakeside Marina neighbor who had no problem with snowmobiles. He also noted that at Sailors World there would be no infringement on any neighbors and no reason to go across the street. Peterson asked representatives of Sailors World if they were interested in snowmobile activity in the future even though they have not been involved with snowmobiles in the past. DeSantis stated they did not have the facilities for sales and .service of snowmobiles. However, the boat club that they operate has had members approach them about snow mobile use as part of the club. Sailors World would like the opportunity to fill their niche as each marina has its own characteristics. They would like the option to consider having two or three sleds to extend snowmobile service to their club members in the w inter. MTSXTES OF THE ORONO PLANNING COMMISSION WORK SKSSION MXDN'ESDAY, reSRl ARY 23. I9W AiKicrson noted that Sailors World supports 12 children and their activities and they uani to give back to the community. Tl»y have sponsored a baseball team, coached luKkey and baseball, and have been instrumental in building a rink aixl baseball field. He does not want to be a marina operati>r that the City feels they have to micro manage. He wants flexibility to be an entrepreneur and make his own decision aK>ut dealership opptmunilies. Peterson noted that snowmobile manufacturers want to have a full line of their products sold by dealers, including clothing and water bikes. Schroeder explained there is a reluctance by the City to permit marinas new u.ses because of past problems caused by a few operators. Tte City is trying to make marinas better neighbors by getting better screening, side setbacks and a little more "green" between the parking lot and the lake. Anderson agreed that on paper it looks like the City is trying to make these improvements. However, even though it looks like additional uses are being added, Christmas trees and snowmobiles have been sold in the past at marinas Peterson added that most of the marinas have been operating mainly as marinas. Nolan commented that just because an operator may have "gotten away with it" five years ago doesn ’t mean it should be allowed today. Schroeder stated that, regrettably, marinas have flaunted the setback and hardcover issues for a long time. Peterson compared ordinances for individual homeowners, such as cutting down trees at the shoreline, that were allowed 20 years ago but not ttxlay. Ordinances are modified for individual property owners just as they are for marinas. Schrt)eder continued that it seems what the public wants is for marinas to provide traditional marina activities. Berg added that a marina is a seasonal business. When it is purchased, the owner should consider it as such. Anderson responded that in the 1993 license application for North Shore Drive Marina, for which money had been received, Christmas tree sales were listed as a use. Gaffron explained this was an application that North Shore Drive Marina wanted the City to accept but in the licen.se that was granted, there was no discussion of whether or not Christmas tree sales would be allowed. Anderson compared O’Sullivan ’s to a marina. There was a time when a gas station would not have been considered a convenience store. At the present time, the cof fee idea at Sailors World seems to be a nice fit. Schroeder considered a convenience store a logical extension of a gas station. MINUTES OF THE ORONO PLANNING COMMISSION WORK SESSION WTONTSDAY, FEBRl ARY 23, 1994 Schnxrder asked for comments from the neighbors. BK>mbcrg stated. "A manna is a manna is a marina " Lnlow commented that .to nK>ney ci>uld be made with the rental of only tw.i snowmobiles and the gene.-?! pubic is not trained to use them properly whereas club members may have some training. Smith reiterated that sales and rental should probably be two separate issues and asked it the marina owners see sales and rental as one concept DeSantis stated that 40-50% of the mannas had participated in snowmobile sales in some capacity in the past. Others, because of the make-up of their business, are not interested or dependent upon this activity. Gaffron asked if the conclusion could be drawn that if there is sales, there will be service and if there is rental there will be service but sales and rental should still be listed as two separate activities. Members agreed. Smith asked if the technology of fixing bom would translate to snowmobile repair. DeSantis felt there was a translation. Peterson added that if there were shIcs, there would be demonstrations and service. Nolan stated he was not particularly opposed to sales of snowmobiles but questioned the rental. He felt there was similarity between selling boats in the summer and snowmobiles in the winter with the same trained staff and equipment that provides an op|XTrtunity for winter income. He added the demos would be monitored very closely by the marina owner as he would not want to lose his investment. He felt a snowmobile club would be mt>re like rental than sales. DeSantis commented that their interest in snowmobiles would be in a very controlled environment of families using their bcTats and requesting that the boat club provide the u^ of snowmobiles for the families and cross-country skiing. This would not be » operation, with no retail or service. Schroeder a.sked where the snowmobiles DeSantis responded outside. Schroeder did not think they would actually store a $6,000 machine outside Berc asked how many snowmobiles they thought would be needed for the boat c ub. DeSantis responded pcTssibly four. Maybe only 30% or 20 boaters would be interested in snowmobiling. Schri«der suggested putting the issue of snowmobile sales/rental/serviee .ns a conditional use to gain better control. Nolan asked that rental be removed. Zullo neighbor io North Shore Drive Marina, asked where snowmobiles would be stored in the summer. She pointed out that controls have not been fully developed for snowmobtlmg on the lake but there are grewmed trails maintained by the County tor this activity. DeSantis questioned the current snowmobile activity on the lake indicating only a 2-3% increase in activity might result from snowmobile activity at marinas. MINXTES OF THE ORONO PLANNING COMMISSION WORK SKSSlOX WEDNESDAY, FEBRl ARY 23. 1994 Berg felt the issue ot storage should be addressed. Nolan comtncnicd that ik*w snovMin'hilcs would not be left unattended in the summer Anderst'n stated that they wt>uld be stirred idl-site in the summer. Zullo nt>ted that pet>ple lease their K>ats iHitside all winter sts it could be a problem with those pet'plc having snowmobiles. SchriHrder thought there w as a stronger anti-snowmobile sales'servicc/rental than pro-smtw mobile sales/service/rental group. Anderson asked how Schroeder came to that conclusion. Schnxxler responded it was based on the Planning Commission meetutgs and cmninents made by those in attendance. Gaffron commented that the City has not included snowmobiles in the scheme of the B-2 zoiK in the past. Comments he has had from the community indicate the public divsn't want marinas to have expanded uses but to continue to be just marinas. Members agreed that snowmobile lake operations base (activity from rental and demonstration of snowmobiles out on the lake) should be removed from the accessory use list. Gaffron requested confirmation that sales aral service of snowmobiles is now propt>sed to be added to the conditional use list and at some future lime the conditions will have to be defined. All members agreed. Smith asked that service be added to the cross-country' ski sales/rental. Schroeder continued with discussion of boat clubs and did not object if they were properly- maintained. Nolan brought up the issue of parking ratio. Gaffron stated the proposed language for boat clubs would read, "Boat clubs (time share). Applicant shall demonstrate that adequate parking is available on the site." This leaves it up to Council ’s discretion to determine if adequate parking exists. Nolan questioned the general concept of boat clubs and expressed his concern with parking and the number of memberships sold in the boat club. Gatfron explaii^ that a set of criteria, which has not been devised yet. would likely have to be placed on the conditional use permit to regulate a boat club. Peterson voiced his concern about launching on-demand and felt it could have five times the impact that boat clubs will have in the future. Anderson asked if there really is a parking problem on the lake. He lives on the lake and contends that the lake is being used less. There are only a few days during the year when a marina has a potential parking problem. Peterson ci>mmented that the police need to enforce the parking rcgulatioas and illegal roadside parking. MINUTES OF THE ORONO PLANMMl COMMISSION WORK SESSION WEDNESDAY. FEBRUARY 23, I9!M DeSantis made \hc statement that each manna shiuild be considered individually instead of trying to make all marinas fit under the same cvxle. Schroeder respoiuled that there is a problem creating an ordinance tor each marina. The conditional use permit is a mechanism to allow for "hand-crafting" each marina. Anderson asked why snowmobile rental has to be remosed fn'in the list if it could be considered as a conditional use. Schroeder responded the feeling is that. geiKrally speaking, the community would be against snowmobile rental but may not be so against snowmobile sales. Anderson felt if snowmobile rental was reimived. that wa>uld mean snowmobile use for club members wanild also be removed. As a coixlitional use. there may be a possibility for snowmobile use. Members agreed that on-demand launch aral boat clubs should be left as conditional uses and will be controlled through a conditional use permit application. Gaffron lead discussion on charter N>at port-of-call review ing that parking was proposed at one parking space per three scats on the bt>at. Parking, late-night activity, traffic safety as boateis leave, and hours of operation are all potential issues. Schroeder did not feel this would be objectionable as long as the hours of iiperation and parking issues were addressed and could be controlled under a conditional use permit. Blomberg had no problem with charter boats if comrm>n courtesy were used. She stated there had been some problems with late night returns but the police had been called and took care of the situation. Nolan noted that enforcement of hours would be important. Zullo pointed out that in Excelsior and Wayzata the marinas and public diKks are in commercial areas so there is more public parking to accommodate charter boat users. Gaffron asked if the Planning Commission wanted this amenity to be available to the public. If so, where should it happen? Enlow' asked if the Orono marinas could operate out of those places already in existence. The boat could be parked at an Orono marina but would pick up people at other locations. Gaffron noted this would be a different concept and there probably would not be a problem parking a 50 fiH)t boat at any of the marinas. Anderson asked lor direction on the charter boat issue because he has an assumed contract on one left at North Shore Drive Marina. Gaffron responded that it has been allowed to happen in the past because charter boats were not addressed in the code. Anderson was concerned about the parking restrictions so that he would not be caught in the middle of majtir changes. r MIMTKS OF THK ORONO PLANNING COMMISSION WORK SESSION WEDNESDAY. FEBRt ARY 23, 1994 Gattron asked AndcrM»n if he wanted the option to ha\e a charter K’lat (>peration even though he is not currently interested in pursuing charter K»ats. Anderson would like it left as a conditional use. Gatfron noted that in licensing a marimi. the manna t>wner is required to he the person who is licensed and inform the Citv of anv sub leases or contracts thev mav ha\e. Peterson was against having ports-of-call in Oromv mannas although not opposed to storage. Nt)lan was in agreenwnt with Peterson. Schn^eder was not against them as long as there are regulations for control. Anderson m>ted that the LMCD requires some marinas to provide this amenity to get people on the lake. Smith did not think they were any more of a problem titan any of the other conditktnal uses that were being considered. Peterson pointed out there are many fishing charter boats currently operating on the lake with a similar concept. Even though there may be only three fisherman on a fishing charter as oppo.sed to fifty on a regular charter, it would still be considered a charter boat port-of-call. Schroeder thought it should be left as a conditional use and reviewed as it comes before the City. There would be a publicized hearing before the Planning Commission meeting so that neighbors would be able to give their comments. There was agreement to leave the charter Niat ports of-call as a conditional use. Gaffron suggested that CUP criteria be written so that Planning Commission and Council can address all of the concerns about charter boat operations and then determine on an individual basis if the operation should be allowed. Lake structure maintenance operations base was discussed including dredging, barges for milfoil harvesting, dock and lift devices, etc. Schroeder defined this as a case where lake owners need these serv ices but probably do not want to see them since they are rather unsightly operations. The neighbors were opposed to having this ty pe of equipment at the marinas. Peterson felt this type of equipment should be in commercial areas and not in Orotio. Schroeder suggested permitting this activity for a few days but not indefinitely . Schroeder, Nolan, Berg and Smith were indifferent to allowing this activity. Anderson noted there was really only one marina that currently caused a problem. Schroeder explained that at some future time, Anderson may decide this may be a ginxl business to be involved in. Zullo suggested a time limit be put on the activity noting that environmentally this large equipment is not conducive to being left in Maxwell Bay. Blomberg felt it should be excluded from the list of possible activities since there is already high density on Maxwell Bay . Smith, Nolan, Berg and SchriK'der voted to leave this activity as a conditional use permit. Peterson was opposed. Restaurants as conditional uses were the next topic of discussion. Peterson was in favor of allowing restaurants while Schrtvder was opposed. Zullo did not want the smell of fotxl from the neighboring marina all weekend. Schroeder did not want to see another Ia>rd Fletcher’s on Maxwell Bay. Nolan did not think restaurants fit in the image of "low-key" marinas. Smith also would remove restaurants from the list. Peterson felt restaurants were a part of boating and would leave in as a conditional use. Berg agreed with Peterson. MINLTKS OF THE ORONO PLANNING COMMISSION WORK SESSION WEDNESDAY. FEBRUARY 23. 1994 Gaffron mned the currentlv allowed (as a conditional usei sale of pre-packaged fotxl is detincd fs -f»HKl that has been pn>fessi»>nall> prepaied at a location other than on the premises. diKs not indude full course meaK or any food prep other than warming by use of an mtrared microwave oven. Tlic sale i>f finxl from vending machines is allowed. If there were restaurants at marinas, traffic would come from both tte lake Led that even if there were not parking spaces for people to stop at the restaurant, trattic flows through the neighborhood. Enlow opined this was a -n<« in my back yard’ situalion a,xi wac against anything that increased activity. DeSantis reiterated that each marina is very different and it is unfair to impose iIk arne restrictions on all marinas. Gaffron expl-iined ihere were no accessory uses currently allowed Ttte c^ Conditional uses allowed are sale of 3.2 beer, sale of cigarelles and pre-package food. Schroeder added that the Planning Commission is look'ng at asking conditional uses to have a greater ability to tailor the uses to each marina. Anderson agreed with Peterson regarding boating and restaurants. “ "nice thing to do" but in this case it is not appropriate tor the neighborhood. A vote was called about leaving restauranis on the list of conditional uses. Smith, Nolan and &hroeder voted to remove it from the list. Berg and Peterson voted to include restau^ts as a conditional use. DeSantis objected to having it removed. Schrtieder explained this will go to Council for final approval. Gaffron added there would be a scheduled public hearmg for fun er discussion. Schroeder began discussion of the coffee issue at Sailors World. DeSantis confirmed the cofl« woul^ brewed, nol from a vending machine. Peterson would cons^er that “ Schroeder slated there was a major safety issue in getting onfiiff Highway 15 in rush hour traffic. DeSantis stated the adjacent public launch is used around the clock and during rush hour ^^erson added that hi had called a Hennepin Couiiiy MnDOT represeniaiive hift no nroblem with a coffee shop at Sailors World. Tratfic counts were not done ^tore the launch ramp was installed. Peterson responded that Hennepin County do^ have a prob em with iLfic Tcoumy Road 15 because they tried to do an upgrade but the City voted it dowm Hennepin County was concerned about the accident rate which is higher than J- the Metro area. Peterson felt there was an extremely ha/ardims condition on County Road 15 and thought Hennepin County and members of Orono County Road 15 Committee tclt t e same way.^ When it canu- before the public. 75 people were at the meeting and did not want to see 8 MIMTKS OF THE ORONO PLANNING COMMISSION WORK SESSION WEDNESDAY, KEBRl ARY 23. 1994 any upgrades and \MHitd prefer ihai the highway dcterioraie so Uic public would iK»t want to use the roadway. DeSantis thought there was much activity at the boat launch throughout the day. There is alst> more traffic in the summer than the winter and they would only le using the coffee shop in the winter. Schrocder stated the ideal situation for DeSantis would be to get ev rry car passing Sailors World to stop for a cup of expresso. DeSantis respt>nded their intent was to offer an atmosphere and stimulate some winter business as there would not be a parking problem at the marina. Schroeder objected to the idea of a drive-thru coffee sp^tt foi safety reasons. Nolan felt it was inconsistent w ith the zoning, lie suggested that if any kind of c»>ffee shop wanild be considered, he would want to see it only for member use as a conditional use. Anderson asked if it would be better to have boats stored at Sailors World or parking for a coffee shop. Nolan did not see that as a choice. Anderson thought the Commission was considering alternatives. Schroeder respon*led that they would consider an expanded list of uses but it did not mean agreement with all suggestions to be included. Nolan reiterated that a restaurant at a marina would be inconsistent with the zoning. Although the B-2 zone is commercial, it is not a retail zone and is surrounded by residential. Members were in agreement that offering coffee to club members was acceptable but not the idea of a coffee shop that would draw the public off of Highway 15. Anderson explained that expresso is a hot topic at this lime but it doesn't pay to do it Just for club members. They see this as a winter use and would not do in the summer. Zuilo agreed that offering expresso to club members would be acceptable but not to the general public. Nolan asked if it was necessary to spend $20,000 to make cappuccino. Anderson responded, that according to the Health Department, it is. Schroeder understcHHl the request but was against the proposal for a limited restaurant use as there would not be any difference with another marina proposing a full-blown restaurant. Anderson pointed out that the City could control that through the conditional use permit. Gaffron suggested the Planning Commission may be getting too specific on one issue at one site and informed members that DeSantis had the ability to make an application for a conditional use permit under pre-packaged foods making the argument that what he proposes fits the current code, or he can make an application to amend the axle to include what he wants. Discussion moved to cigarette sales and sale of 3.2 beer which is already included in the ccxle as a conditional use. Peterson was against both. Gaffron was unaware of any marinas that have actually applied for a conditional use permit to do these activities. He thought Cry'stal Bay 1 r MIMTES OF THE ORONO PLANNING COMMISSION WORK SESSION WEDNESDAY, FEBRl ARY 23. IW4 Serv ice mav have a cicarette license. Bers asked if it was important to marina users to have 3.2 beer and cigarette sales available. Anderson thought marina users ma> bu\ beer at the marina rather than making a slop someplace else for hard beer, lie added that cottee is more important than 3.2 beer. tr> ing to make the pt»int that it would be better to sell coffee than beer. Nolan had a similar viewpoint as he did regarding coffee - leave as a conditional use but offer only to members/guests as a convenience. Peterson pointed out that the public is m>t limited from buying anything at any marina. Schroeder felt to be consistent, sales of cigarettes and 3.2 beer should be removed as a conditional use. Zullo also felt they should be taken out because the marinas are close to residential areas and those sales are not appu>priate in residential neighborhoods. Gaffron stated these sales have been allowed as a conditional use for at .east 20 years. Smith thought if it was impi>nant they amid be left in but since it didn’t seem important, ste would agree to remove them. Gattron explained that it a marina had a legitimate existing conditional use. there wtmld be the opportunity for being "grandfathered" as a non ­ conforming use if there was not a gap of more than 12 months. Members agreed to remove cigarette sales aixl s;de ot 3.2 beer from the conditional use list. Gaffron que.stioned whether the Commission wanted to continue or set another meeting in two weeks to finish discussion. He asked whether the public hearing should be held at a regular Planning Commission meeting or at a special meeting. Members felt a special meeting was more appropriate. Schrrmder asked the members to continue with discussion of performance standard issues. Items A-H. page 5 «>f the Proposed Amendment to Municipal Code from the memo dated February 8. 1994. have been previously discussed. Item I deals with on-land boat storage. Only one marina has outside storage that exceeds 15’ in height arul that is three tiers and about 20 high. Two tiers would be about 15’. Schrt^der saw no problem with this as written since any new structure would have to come before the City for approval. Gattron reminded members that required yards are 75’ at the lake. 30’ at the street and 10 ’ on either side. Required landscaping areas are 10 ’ on sides. 10 ’ on street and 10% ot depth at the lake. All members w'cre agreeable to Item J regarding gasoline storage. Peterstin questioned whether this w'as currently being enforced. Gaffion noted that in the B-2 zone, as well as all business zones, no above ground storage tanks are allowed. Peterson thought the code should be amended and these tanks should be above ground and properly bermed. This should be made consistent with Slate regulations. Item K deals with on-land boat density. Gaffron explained that these are all new concepts that haven’t been in the code before. Schroeder proposed this item be left for discussion at a later time. MINLTES OF THE ORONO PL.\NNLNG COMMISSION WORK SESSION WEDNESDAY, FEBRt ARY 23, 1994 Discussion moved to Subd. 13 regarding setback, hardcover and tree removal regulations. Gallron pointed out that all of the Orono marinas have boundaries with residential property. Schroeder suggested that Items A. B, C aiKl D be kept for new marinas but ihc> don’t apply to existing marinas. Gaffron suggested that the setback for activities. Item B. would be appropriate fi>r existing as well as new marinas Schroeder thought it would be difficult to make an owner move his gas dtxk. Petersi>n tlH>ught the City could inspect and may require the gas dcxks to be brought into compliance with State codes. Schroeder did not think the City would be able to force a marina to change its gas dock. Gaffron added that the grandfather rights would be another issue. Zullo thought tte gas docks were a major concern and questioned if they were following the EPA guidelines. Schroeder suggest Gaffron check with the City Attorney on the gas diKk laws. Although many marinas may be in violation, oniy when a marina comes in for a change can the City require a change in the gas dex:ks. Schroeder suggested making a recommendation to the City Council that the Fire Chief inspect the gas docks and report back to Council. Members agreed. Gaffron asked if references to the LMCD should be taken out of the code. Schroeder thought there was overlap but the Planning Commission dealt mainly with land issues. Schr(K‘der continued with discussion about setback requirements. Gaffron confirmed there were relatively few actual complaints about marinas. Schroeder thought the complaints that were received had to do with setbacks such as storage of old boats encroaching into neighboring yards, screening issues, and runoff from parking into the lake. The only way the City has to encourage marinas to be better neighbors is when they come into the City for some change. In the past, licenses were a way for the City to place some control over the marinas but some marinas did not get licenses regularly and continued to operate. Schroeder suggested that the City require a landscape plan from each marina with better adherence but not necessarily the required setback. City sta^T could work with each marina to develop an acceptable plan. Gaffron thought working with the marina is a good concept but there needs to be some sanctions if the plan is not completed within a certain time frame. He used Gayles as an example. Trees were planted twice and both times died. Gayle has no incentive to do the landscaping and .sees it as a negative. Gaffron ni>ted that for the record. Gayle’s and all other marinas have paid for licenses every year even though they were not always granted. Schroeder does not think marinas are necessarily bad neighbors as they exist. He suggested leaving the code basically as it is which would effectively prohibit any new marinas to be built. The City should continue to work with the marinas to in.prove .setbacks, drainage, etc. U 1 MINUTES OF THE ORONO PLANNING COMMISSION WORK SESSION WEDNTSDAY, FEBRl'ARY 23. 1994 Gaffron noted the i>nly area where pressure to develop a new marina might ixcur is the DNR lots and other land between Lakeside and North Shore Drive This is not in the B-2 /one. The property between Gayles and Lakeside is not large enough tt> meet the two acre standards so the only thing that might be expected to ha^'j en is that these two existing marinas will encroach into that area. i,.nith asked if the code were written to be more realistic for the existing marinas if it would affect development of a possible future marina. Gaffron responded that the property between Gayles and Lakeside could be controlled in expansion through hardcover ordinances, etc. The t^her piece would only have to meet the lowered standards so that if the 75* setback were changed to 25’, that is what new development would follow. Gattron did not think that would be a wise change. Schroeder asked Anderson what he intended to do with North Shore Drive Marina. Anders.^. responded that he would continue with the plan on record with the City. By working with the City, it may help some time in the future if they ask for something. Schroeder asked if there was a way for the City to prevent a situation at a marina from gettrng worse, and how could changes bt accomplished. Gaffron explained that the City could give the marinas a time frame, i.e. live years, in which to make changes. In a negative situation, the marina might go to court stating they were not going to make required changes. The courts may say that five years is a reasonable period in which to require changes. If the City is not will ng to wait for marinas needing changed to make zoning applications, then the code might be amended using a time frame for required changes. Schroeder asked that code language be kept the same and staff work with the marinas and neighbors to develop specific landscaping plans within a five-year period which would meet with Planning Commission approval (landscaping, reasonable setbacks, etc.). If these plans were not completed over a five-year peritnl, there should be some consequences Gaffron responded he would like to work up a draft and review it with the City Attorney for his response. Peterson thought enforcement would always l>e a problem. Gaffron added that everyone would have to know what the sanctions are at the end of the five-year period and they would have to be something the courts would support. The neighbors felt this was a step forward. Schroeder encouraged staff to get input from the neighbors in developing the plans for setbacks, screening, fences, etc. Zullo was in agreement with the idea of a time frame and consequetices. Nolan asked if this concept had been attempted before. Gaffron referred to Subd. 17, Variances for Required Landscaping Areas which was a similar attempt in 1975. Nolan asked how a new plan would be any different from the 1975 code. Gaffron noted in the 1975 attempt there were no sanctions if the plans wete not completed and no incentives to ciMuplete them. Scl .ocder 12 r MINUTES OF THE ORONO PLANNING COMMISSION WORK SESSION WEDNESDAY, FEBRUARY 23, 1994 encouraged staff to look at incentives for completing a plan early, i.e. tax abatement. Nolan agreed that without incentives, the plan would be no better than before. Zullo thought there should be upkeep regulations as well as the initial plan since landscaping is only gtHHl for aKmt ten years. She added that the City can ask a marina to landscape to control runoff. Gaffron replied that when changes are made, those requirements can be made. Zullo suggested the City move forward, not expecting the bad situations to be there forever. Peterson noted there was no incentive for marinas such as Gayles to do any thing different than the way it has been done in the past. As long as he never changes anything, the City can't effectively require improvements. Schroeder asked what the neighbors would think if the City got a "landscape easement" and the neighbors maintain that easement. The question would be if the marina owners, neighbors or City would pay for the plantings. Berg suggested a special assessment. Schroeder pointed out that the marinas do not have to grant an easement. Schroeder thought this type of idea would have to be done on a ctxvperative basis. Members decided to drop the idea of an easement. Nolan d’d not think this attempt was much different than in the past and questioned if it would really work any better. Gaffron responded that with incentives and a negative end result (i.e. some sort of sanctions for non-compliance) there might be some progress. Schroeder asked if there was a mechanism for tagging old boats encroaching into setbacks. Gaffron responded as junk there was. He suggested something be written in the code that talks specifically abt)ut unlicensed, inoperable boats being removed within a certain time period. This has been enforced in the past only by complaint. Nolan asked if there was success with that procedure. Gaffron confirmed it had been successful. The next meeting was scheduled for March 9, 1994 at 5:00 p.m. Notices will be sent to neighbors. Anderson asked if there was an ordinance for storing bviats outside an individual's property. Peterson responded there was but it has been violated often in Orono. Boats less than 20’ can be stored on property. Anderson objected to the lack of enforcement of this code. Gaffron noted it also is an ordinance enforced only upon complaint. ADJOURNMENT SchriK'der made a motion. Smith seconded, to adjourn the meeting at 8:23 p.m 1 Charles Schroeder. Chair Per.son I / V PLANNING COMMISSION COUNCIL PUBLIC ATTENDANCE MEETING DATE '"7 5 PLEASE FILL OUT THE INFORMATION REQITESTED BELOW FOR OUR CITY RECORDS. NAME (pleas* print)ADDRESS PRESENT FOR (frost agenda) NAME OR NUMBER •n/' 1 f -S \ • j , A ! -» \0 .--iV-?'. b>JLJ i• .y Lv'oi ' '1y' f-} *' '» ,t . .(~\f iL-^ rT^u\ •Cw\(>K. • • • • • • • 9 » ft I » ( I f : k 3a MST OF rOTIfNTlAL USF^ - n-2 ZONIC(I)RAF'r ONLY) PFU I’l.ANNINC; COMMISSION DISCUSSION 12/15/93PEUMirrFi) iisi sRental of in water boat slips ("wet storage") Sales of boats, motois, tiailcis ami marine accessories Repair and servicing of boats On land storage of boats, summer and winter ("diy storage") Marine fuel sales Bait and nsbing tackle sales As feoATS ACCF^SSC)KY_yS!CS (Must be scconuary to a pcimitlcd or conditional use)- Signs - BoalJicad pumpout C^^n^iing tom naments^ - Sale of prepackaged foods - Dive shops - Clubhouse - Sailing schools, etc. " Rental of boats - One caretaker dwelling unit -^ce-skftting -(onlea ami rental j>f etpupmetU. providitrg • rink on liiki!)' - Sailboard sales/iental - •4^obngB»«^-c ski salcs/rentan) ■^Snowmobile salcs/rental/scrvicc - Snowmobile lake oper^ions basgy - lee fishing aquipment and liuti'Stts - calrtfi/ientHl/scrviee'^ofUk saks ~ Rcrsonfrl watneraft talofi/rentnl/aervice —CluistmTO tree sales Para-sailing—sales/rental/service ami opcHitiono hnco - Ice boating - sales/iental service and operations base —AtHomobile winter • Lotieepl of "nsMici.ni'it ii'iiCiitionab -uses—• CONDi nONAL USESIh'al clubs On demand launch of customer’s boat strued - Transient boat launching ^ Charter boat port of-c*»tt - Lakc/lake structure maintenance j)pciations base C^cstaurant - Cigarette sales - Sale of 3.2 beer or "set ups' iZOLSft. Ow»T - tt/»'vr/AjAT!?^ 1 /hort^" tavSCti;Jlo*0 0i\ K>£> C©WC4M5I0^1 J r \t TO:Planning Commission Members Ron Moorse, Cit>’ Administrator FROM:Michael P. Gaffron. Asst. Planning & Zoning Administrator DATE:Februars 8, 1994 SUBJECT: Next B-2 Work Session - Wednesday, February 23, 5:00 P.M. List of Exhibits A - Meeting Schedule B - Copy ot Draft Ordinance for Continued Discussion C - Individual Marina Acreage/Hardcover Data D • Maxuell Bay Commercial Area Zoning Histor}' At your February 2 work session. Planning Commission reviev^-ed the list of permitted, accessory and conditional uses and acknowledged a number of items that needed further discussion prior to reaching a conclusion. Planning Commission reviewed the parking, yard and landscaping requirements, indicating that with some minor revisions, the existing and proposed language is appropriate. Also, the area, height, lot width and yard requirement section was brielly reviewed in relation to the potential for additional marinas being created, specifically in the B-2 zone between Lakeside and Gayles, as well as in the LR-lC-1 area between Lakeside and North Shore Drive Marina. Staff noted that the rezoning of North Shore Drive Marina trom residential to commercial in 1984, coupled with comments by the Council at that time that the area between Lakeside and North Shore might be considered for rezoning to marina use if a 2 acre package could be assembled, leave that area open to question. Planning Commission determined that further consideration and discussion is needed to determine w hat the City wants to happen in this area, and consider whether zoning changes are necessaiy to encourage such use. Information regarding marina acreages and hardcover is also attached for discussion. Planning Commission reviewed approximately the first half of Subdivision 11, Additional Performance Standards. The February 23rd work session should continue that discussion, and then continue into Subdivision 13 (Setback, Hardcover and Tree Removal regulations). Subdivision 14 (Drainage), and then continue through Subdivisions 15 through 19 ot the draft ordinance. Depending on how far we get, it may be appropriate to schedule an additional work session for the second week of March (perhaps Wednesday March 9) in order to reach conclusions on unresolved issues so that staff can prepare a revised draft ordinance for a March 2 1 St public hearing. I will be out of town February 10-21. During that time, please contact Jeanne Mabusth if you any questions or carmot attend the February 23rd meeting. PROPOSED REMEW AND .AMENDMENT OF B-2 ZONING DISTRICT STANDARDS PLANIVESG CONLMISSION TE^^TATP.^ WORK SCHEDULE J\PPR0VAL>- D«cmber 15: (Work Session) Begin review of 3/10/93 draft proposed amendment, concentrating on: • Permitted uses (Subd. 5) • Accessory uses (Subd. 6) • Conditional uses (Subd. 7) Address these use quesuons: 1. Is Lhe draft inclusive of all known potential appropriate uses? 2. Should some uses change category? 3. Whicli uses need to be linked to specific performance standards? 5^ Staff to review ether lake cities’ codes. Jjnuary yi CT'n“t‘ve): (Work Session) Review:Parking requirements (Subd. 8) Yards (Subd. 9) Landscaping areas (Subd. 10) Area, height, lot width and yard require.ments (Subd. 12) Staff to report on discussion with City Attorney re; potential for and limits on requiring changes to existing conditions at marinas. %-February w (Tentative): (Work Session) • Review: • r General performance sundards (Subd. 11) _ Setback, hardcover and tree removal regulations (Sub. 13) Drainage (Subd. H) (Tentative): ■ Review:Non-conforming uses (Subd. 15) Variances (Subd. 16) Variances for required landscaping are^ Regulation relating to . . . ^ ^ Reference to other ordinances (Subd. 19) . j Purpose/Definitions/License Required/Application (Subds. 1-4) -------- ------------ March 21 (Regular Meeting) Hold public hearing on B-2 draft proposal. Result consideration and adoption. 2. Schedule i further Planning Commission meeting to consider addiuonai revisions. r • • •• - • To: From: Date: Subject: Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron. Assistant Plannmg & Zoning Administrator March 10, 1993 Proposed Amendment to Zoning Code - Section 10.41. B-2 Ukeslicie Business District I List of Exhibits A - Draft Amendment Ti • Summary of Subdivision Headings . , ti ? . Lmprehensive Plan Excerpts regarding Ukeshore Cottunerc.al Uses v,eifTention this week that the public hearing notice indicated March Smth«ra Mamh 13. Because it --“^Vd^etctdXrm^^ ''nok ZtSrrnTSa o,;era'tors have been advised of the schedule change and ^a ’l^ien mvhed to the March 15 n.eeting to provide their perspective. Marina Licensing Streamlined The City Councti on March 3/-ised !^?ctul'uTi^.cnt?sC°“ use issues through the Zoning Code. B-2 Code Structure 4- • e r-ndt. .Pcfions mcludc a “purpose” statement, which defmesMost of our loning district ^ j ,j ',^7of petmined. conditional, and the character and nature of that lonmg dtstnct. Nexus g P Our B-2 code section has and use business district sections) performance standards fo P g ^4 regarding elimination of non- of the site. Additionally, ptovtsiotu ^ landscaping upgrade; and references to coofonning docks; an allowance for a y LMCD and other ordinances. •• .h.f whUe some lesidents of the City might wish to Perhaps staffs greatest concern is that wl^ s ^ operated, the City has see "sweeping changes" in the mariius, how ey ’ jq some degree is due to the been reluctant in the recent past to force cnang zoning applicadon which would potentially high cost of litigation; in some casM sensiiivicy to the issue of pre-existing non- give the City an opportunity to "revamp a site; in today’s marina sites being " conformities and past agreements or approva years ago; and a sensitivity to the ^ significantly better in many respects than they we years of the late 1980’s.. It is-alsofiMiKUl ability of marinas to upgrade dunng.the drought years _ ..j «• * I. 3. Proposed Zoning Amendment-Section 10.41 March 10, 1993 Page 2 of 2 clear that our current codes don ’t adequately address changes in the boating industry that have occurred in recent years - bigger boats, more ser\’ices, and a variety of marketing strategies to appeal to a greater cross-section of the public. Some Thoughts on the B-2 Ordinance Draft Attached This draft is a compilation of thoughts and discussion by the Lake Use Committee over the last year with some input by marina operators. However, please treat it as a draft that needs a thorough review, not as a finished product. During your review of the draft, consider whether more definitions are needed. Remember that we must have a permitted or conditional use on a property in order to have an accessory use. Are all the uses listed in the correct categories? For instance, should boat sales be considered as a primary (permitted or conditional) use. or should it be an accessory use? Our Comprehensive Plan (CMP 4-26) suggests that retaU boat sales, which doesn ’t necessarily rely on having a location next to a lake, is not necessarily an appropriate use for the B-2 zone — Take note of the additional pctfotmance standards for some of the uses not previously listed. In general, only the conditional use secuon should incorporate nurumum standards in order to be granted that use. Are the draft standards appropriate? Although the section providing a 4-year installadon and planting period for landscaping has only met with limited success, should similar provisions be added for upgradmg other activities on the site? Should the City attempt to have the mannas d«rease the bstoric degree of hardcover on the site, restore the requued yards to the widths required by co standard, or be given deadlines in which to provide stormwater runoff cootrols such as retention ponds, etc., absent a coning application? Should there be a requuemen for a regular site plan review and require upgrades even if no aonmg appheauons ate b ought forward? Since we would not generally do that in any other is the B-2 zone so umque that continuation of a business operation should dep'od on the required continuous upgrading of the site rather than contmua on o To what degree should our ordinance reference LMCD ^ curtendy referenced 1970 and 1971 LMCD ordinances have been revised many times over the last 20 years. 4. 5. 6. Staff Recommendation our eaisdng B-2 code provides an id^ set of to apply to any new marinas bemg „ oeai more realisticaUy with the pan already developed, we need to structure oriiM -------^ appropriate to addressexisting non-confonnitics, and add regulations that may DC nttcssary thecurrenttypes and levels of activity occurring atourmannas.; ; 4, r SECTION 10.41 (DRAFT) • SUMMARY OF SUBDmSION HEADLNGS 5 6 I 3 9 Subd. 1 Subd. 2 Subd. 3 Subd. 4 Subd. Subd. Subd. Subd. Subd. Subd. 10 Subd. 11 Subd. 12 Subd. 13 Subd. 14 Subd. 15 Subd. 16 Subd. 17 Subd. 18 Subd. 19 Purpose. Definitions. License Required. Application. Permitted Uses. Accessory Uses. Conditional Uses. Parking Requirements. Yards. Landscaping Areas. Additional Pertonnance Standards. Area, Height, Lot Width and Yard Requirements. Setback, Hardcover and Tree Removal Regulations. Drainage. Non-Conforming Use. Variances. Variances for Required Landscaping Areas. Regulations Relating to Location. Construction, Installation and Maintenance of Docks, Boat Mooring Areas and Other Fixed or Floating Structures and Objects on Lakes - Adoption by Reference. Reference to Ordinance. Proposed Amendment to Municipal Code SEC. 10.41. B-2 LAKESHORE BUSINESS DISTRICT. Subd. 1. Purpose. The "B-2" Lakeshore Business Gommerc ial District was nnainallv intended to provide areas where limited commercial businesses could be located to service boasts used for recreational purposes on Lake Minnetonka. However, many of the operators of the lakeshore commercial businesses have stripped the trees and vegetation from the shorelands and have expanded the operations so that now the "B-2" Lakeshore Busmess Comm eretal Distncts adversely iffect the lake water qualitv' and the real estate values of adjommg properties. The purpose of t^s rMnf(.r is to provide fut additional ro nso n.abl^ regulations of these businesses iq ajna^ ^ .......... .liorelan d that will ser>-c to avoid po llution ot the 1 ^ watcrandllin^^ protection of adjacent residential properties which have previously red from the unregulated expansion of commercial activities, while protecting .and enhancing the_qualiBLo£ the lake and shoreland environment. ■9iihd 2. Definitions. ^ -M.rim Rusin.<!.’ means engaging in one or more <;f the pennitted. ......nrv nr condmnn.l allowt d withlH thc B-2 Uler^hofe Bujjpe?? Pismsk c;„hd r License Each mnm l?usine?j within the -B-r Riisine^s Pisfrict shall obtain an annual mariqa l?usiAg?? license per t e provisiq Q _2 Municipal Code. Subdr^- .Siihd. 1. Application. All applications for a building penmt :o “.L?^io?lSSSSSllk^ -lew. c„M. ; l^nhd. 5. Permitted Uses. Within the 'B-2- Ukeshore Business District, no land or structure shall be used e.rcept for one ot mote of the followmg uses. A. Rtpoi ll. Repair and-g. it iltj If Maw- Rental of in-watejJtgaUliES. B. stuia,c. IVint^r Sales o f boats and mot oa. C. Sales, aer Sale of fiieh boats, boot supplies, bait-and marinejelated items Li 2-5. * n. Renair and servicin g of boats^ r ••• ^ Summer 3nd winter storage of boatj, p ftarine fuel sales^ n Rait and fishing tackle sales., cu. < A.r.cnrv Uses. WilhUL^nV Buai«sJ3istiicuJte ^^iinu/ing use^ ^hall be pennittgd accgsiaCLUsesi A Sign5 ^jpns as regulated in this chapter p Boat hend pumoout., C. Fisb’ng rpumaments^ p nf nre-packa^gd foods. p Dive shOEl. p rhihhouce for use by slip re.ital OL- rinh" customers onlvL n l^ssnn^i/teachinp, (sailing *>c^hools. etc.L. ff Pf»ntnl of boat4^ T One c?rfftaker dwelling unik ^ Within any "B-2" Lakeshore Business DisiriX . „ “““ th^f adequate* r^rking is availahle on the sit<L . ., ■■-pf-HP'--" rSubiett to licensing by Counr-tH B. hna.^lored -1 'V sue foc i>„Kn. hn.. rin-ntmand (QP:ja3anp3!iP ^?^,„^ ,^,ll-u.------y Approval :;,n h, '..hi^ito LMcEimpauiap^f^^^— Boat T i.inrhing, Transient. (Launchine of boats via a ramp or other means for or by customers stored on the site). Applicant_shall demonstrate that 3dequate_cy-trailg£ parlcino is avnilable on the site. Hours of operation shall be at Council discretion.. p Charter boat port of call. A charter boat port of call shall be defined as n Inrntinn where a charter boat mav pick up passeneers other than the owner or Qperator_oi __ rh:irr<»r ho3t. wh^her or not the charter boat is normally berthed on the prppertY:. ThP rir,' mav olacc ^nnrnnriate conditions on a charter boat pon of call regardi ng minimum paLkm .^ r>.qt.irements hoJTs of or>eration. etc, as may be a roroEriate tg protect public interesL . H. Lake/Lnke Structure Maintenance Operations Base, fincl'ides hut not timifed to ^X’et^d cutting, zebra mussel control, dock and boat lift instaHation>.n2:ig££in& and ;^eawall constiuctinn). Council mav limit the oreration at.its discretion^ p Restaurant. G. Sale of cigarettes fsubiect to Citv licensel H Sale of "-'1 beer or sale of "set-ups" (subject to City licens.el. SuHd.--Sr 5?ubd. 8. Parking Requirements. Within the ■’B-2" Lakeshore Business District the off-sircei parking facilities shall be sufneient to elimmate any tratfic congestion lUcelv to be caused by the business conducted. The parkmg areas may as^ not be K„, .h.irhe nrnvided with appropriate stomiwater runoff he renuired in this chanter. Hie minimum parking requirements shaU be as follows. on land. A. Six parking spaces shall be provided for each ten boat slips on water or storage areas related to the sales and service functions. C If the oroDOsed use is to include the launching of boats owned by ^e public for the day from'.railers tfe. Public BoaLLnunchihg.Jrans^ ten additional auto-naUer parking spaces shall be provided for each ramp. parking space for each 3 sea ts of gross chariei^ cap _g— ^ ---- parking and shuttle service shall be orovided to the City su_j _>unci ding OUUWUiV^ ^ arg-g —r '—--------------- from the dock, a storage space, moormg space, floo sp , 1 .• • Et Ei Rfquircd off-strtet parking space may not be utilized for open storage of goods or for the storage of boats, except that from October 1 to May 1 during the winter storage season each year, the required off-street parking may be used for winter storage of boats provided that 20% of the required parking spaces remain as a functional parking area. During the transition seasons (April 15 to May 31 and September 16 to November 15V adequate parking shall be maintained on the site, sufficient to eliminate traffic or narking congestion, but in no case shall parking be reduced to less than 20% of the required spaces. Ft Gi Parking may not be allowed in any required yard or landscaping area. H. Employee parking spaces shall be in addition to the parking spaces required above. The number of employee parking spaces shall be designated on an official narking plan to be kept on file with the City. Subd. &7 ^ Yards. The minimum required yard areas for the district shall be landscaped and planted with evergreen and deciduous shrubs and trees in accordance %vith a detailed landscape plan. Storage of boats, vehicles, equipment and materials shall not be allowed within any required yard. Subd. ^ JOi Landscaping Areas. In addition to the landscaping required in the required yard areas for the district, the following landscaping areas shall be landscaped in accordance with the following provisions: A. The minimum landscaping areas shall be as follows: 1. The lakeshore landscaping area shall be an area that is parallel to the entire lakeshore adjacent to the licensed marina operation and equal to 10% of the average lot depth, but in no case shall it be less than 10 feet nor more than 75 fee:. Breaks in the landscaping area for access to the lake shall not exceed an aggregate width of 30 feet for each marina operation. 2. Side yard landscaping area shall be an area that is parallel to the side lot line and not within the lakeshore landscaping area or front yard landscaping area and shall not be less than 10 feet deep. 3. Front yard landscaping area shall be an area that is parallel to the street or opposite the lakeshore landscaping area and shall not be less than 10 feet deep. Breaks in the landscaping area for access to the public road shall not exceed an aggregate width of 50 feet for each marina operation. B. The detailed landscape plan for each landscaping area shall provide for a natural woods area containing primarily evergreen and deciduous trees not less than six feet in height. Shrubs not less than two feet in height shall be intcrdispersed among the trees so as to eventually provide, at maturity, a natural screen that will not be less than 50% opaque during the summer months. No uses shall be allowed in the landscaping area except the required landscaping and access roads. A privacy fence may be ret^uired in addition to the natural landscaping which been planted to meet the requirements of this district. The use of any fencing sh.ilt not satisfy the requirements of providing natural landscaping and solid visual screening. Any yard area requiring landscaping to meet the requirements of this district shall be planted with nursery stock, balled and bagged trees and shrubs. All landscaping shall be maintained in a healthy growing condition. C. All the required improvements in the landscaping will be completed prior to the date of issuance of 2n occupancy certificate or as otherwise provided by this Chapter, whichever date occurs first. D. .MI landscape areas shall be sufficiently delineated bv betmlng. curbing, or other acceptable physical barrier so as to eliminate the encroachment of vehicle parking, winter and summer boat storage, and other materials or eouirment storage into the required landscape areas. E. All groundcQver in the required landscaping areas shall be natural living materials, such as grass or other planted groundcover. Decorative rockbeds. whether or not lined with plastic, fabric or other weed inhibitors, shall constitute no more than 10% of the required landscape areas. Subd. 8^ 11. Additional Performance Standards. Within the "B-2" Lakeshore Business District any land use must meet the following performance standards; A. Suitable sanitary facilities connected to public sanitary sewer or to a private on-site sewage aisposal system which complies with all applicable City Code provisions and other agency regulations shall be provided on the premises for men and women, and further, suitable facilities shall be provided for the disposal of wastes accumulated in boats docked or serviced at the marma. B Insofar as practicable, all means of access to the operation from any street shall be so located and designed as to avoid the routing of vehicles from the property over streets that primarily serve abutting residential areas. All access roads from the operation to any public paved roadway shall be paved for a distance of at least thirty feet adjacent to the public roadway to minimize dust and noise conditions. All access roads from the operation to any unpaved public roadway shall be treated to minimize dust conditions at least to the extent the unpaved public roadway is dust controlled. C. The M lighting on the premises shall be shielded so that no direct glare can be seen from adjoining residences, from the lake or from the roadway. D. The hours for running engines or operating any boat engine for the purpose of charging batteries, running auxiliary equipment or testing shall be between the hours of 8:00 A.M. and 6:00 P.M. • t. E. The maximum hours of operation shall be 7;00 A.M. lo 10;00 P.M . , for retail sales and service functions, except as necessar>' to support normal fishing activity or F‘vate use of the boats stored on the premises, unless other permission is specifically i;rantcd by the Council. F Persons in charge shall at all times keep the docks, sea walls, and premises in a neat and orderly manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds. G. Persons in charge shall prohibit the dumping or throwing of -aner botUes. cans, refuse or debris into watci^vay. Persons in charge of mooring area shall provide garbage cans of sufficient size lo hold garbage or refuse to be collected. H No commercial docks or boat buoys shall extend further into the waters of anv lake than is reasonably necessary to accommodate the docking and mooring of such craft as 1]? and law be used on the lake or so as to interfere with, obstruct, or tend to fbs nici or rcnLr daogocous for use or passage a body of wator witto neat and orderly manner at all times. I If outside on-land boat storage facUities are provided, the boats bo stored in such ntanoor tha. strag^L^L ma, or landscaping areas, .'ut; gaselins tfferrd for sale or stored r 4 Ko* fnr sslc Of stOTcd 00 thc pfcmises shall be placedjn, -----ny gaso ^ as required in Municipal Code Sectioii tanks or containcr.s ns may be regnir Y — g,. ^nd location so as not to creates Q ad Such tani^^ or containers slmll be stored injucro_ii------- danger to the community^ K On-lanH hnat densitY^ ...... .11 locations while maintaipfpp appropmtr mgr<r?S. }„ required maintaining the required number of acceptable parFi^tr au vw auto parking spaces durine the summer months (June i thni Sentember 15V 2. Wmter boat densitv/storage. The number of boats stored on the premises for any and all reasons during the winter sgoson rNo^^ember 16 April shall no^ exceed that number which, can be safely stored in allowable locations inyress. egress and emergency access to the site, as well as mainfair^ino rh«» reouired number of winter partdng spaces. 3, A site plan designating the location of summer and winter boat storage shall be submitted for Courc II approval no later than 1993 and shall require Council approval for anv fumre revisions. in height. Subd.-^ 12. Area, Height, Lot VVidth and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet B. The following minimum requirements shall be observed: 1. Lot Area - 2 acres. 2. Lot Width Parallel to Lake - 200 feet. 3. Lot Width Perpendicular to Lakeshore - 200 feet. 4. Inkeshore Yard - 75 feet. 5. Side Yard -10 feet. 6. Front Yard Along Street - 30 feet. Subd. 1^ Hi Setback, Hardcover and Tree Removal Regulations. All property in fh(» R-O f :akeshore Business District is subject to the requirements of Municipal Zoning Code Section 10.56. Shorelanrl Man.agfmenf Tn addition, the following standards shall apply: A. Lakeshore Setback Regulations. The building setback from the shoreline shall be 75 feet. B. Setback to Residential. No operation or activities except for storage and parking may be conducted closer than 50 feet to the boundary of at* adjoining property line which property is used for residential purposes. C. Setback Along Streets. No operation or activities except for storage and parking may be conducted closer than 50 feet to the right-of-way of any exisUng street, road or highway. D. Lakeshore Hardcover Regulations. Within 75 feet of the shoreline there shall be no excavating, filling, hardcover, temporary or permanent structures. .Within 75 to 250 feet of the shoreline there shall be no greater than 25% hardcover. Wuhin 250 to 500 feet of the shoreline there shall be no greater tlian 30% hardcover. Within 500 to 1. there shall be no greater than 35% hardco'i'er. ifli feet of the shoreline E. Tree Removal Regulations. No trees within 75 feet of the shoreline with the diameter of six inches or more shall be removed without first obtaining a permit from the Council. Tree removal and other vegetation manaeement shall be in accordance with the Drovisions of Mumcioal Zoning Code Section 10.56. Subd. Rr Drainage. No land shall be developed and no use shall be permictcdl that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans -hall he submitted by the applicant any time a new use is applied for, whether through subdivision, variance, conditional use permit or building permit. Such plans shall be provided in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to die Planning Commission and Council for appn. val. Such stpnpwat^ runoff may be required to be properly channeled into a natural water course, ponding area, storm drain or other public facilities. Construction of facilities to manage the quantity and quallCY-i^f stormwater runoff mav be required. Any change in grade affecting water runoff whether onto adjacent property or otherwise, must be in compliance with the Surface Water Management Plan^ Shoreland Management Regulations. Flood Plain Managemeat Regulations, and shall be consistent with other applicable regulations or City Code provisions, and is further subject to the approval of other agencies having jurisdiction over the area affected by the.drainage. Subd. 15^ Non-Conforming Use. Norwithstanding any other provision of this Chapter, any non-conforming use of land not involving a structure and any non-conforming use involving a structure witn an assessor’s fair market value on January 1, 1975, of 53,000.00 shall be allowed to continue as a non-conforming use subject to the provisions as set forth in Section 10.03, except that the provisions of this Chapter rclatmg to the elimination of non-conforming use of boat slips, boat buoys, or ov-*ra!l Icngdi of docks, their location, construction, and maintenance and boat mooring areas, shall supersede an/ other non-conforming use provisions of the City Code. A. Elimination of Non-Conforming Use of Boat Slips, Boat Buoys or OveraU Length of Docks. Any marina operator who increases the number of boat slips, boat buoys or overall length of docks bevond what he was previously licensed for by the City, which increases are authorized by ordinances'of the Lake Minnetonka Conserwaiion District, shall first decrease an equivalent number of boat slips or boat buoys and eliminate an equivalent length of dock from that portion of his dock tliat is non-conforming under the terms of Ordinance No. 1 of die Lake Minnetonka Conservation District until die dock conforms in length to the Lake Minnetonka Conservation District’s Ordinances. Subd. &r 1^ Variances. Variances may be granted to the provisions of this Chapter in accordance with the provisions set forth in Section O.OS. Subd I4r 17 Variances For Required Landscaping Areas. The Council may grant a variance allowing a four year instaUation and plaming period to meet the requirements of the 8 % • landscaping and planting provisions hereof, to any applicant who: A. Otherwise meets all of the provisions of this Chapter. B. Submits a detailed landscape plan showing sufficient planting ^-d landscaping in each of the four years in order to provide at the end of the four years a natur scr that wiU not be less than 50% opaque during the summer months. C. Submits four year planting and landscaping plan landscaping areas. Subd J9- Regulations Relating to Location. Cons^ction, S", “ Conservation District as adopted on January 28. • j,. ^ j. /i^endment No. 2 to Ordinance on May 27. 1970 by ih. m1^ Cooaarva<ioa Diamct. 17.= Civ eaprcsaly r«=P.-« the rish. to deny >"7 Ste'Se”.^ CoDaervatiot. District, even though the same vanance was granted by the UKc imn subd. 1^ 12. Reference to Other expressly conditioned upon the or a portioaof such Ordinances are decla^ Department perummg to j „„ ,aaiua sh^ have a longer dock, more boat shps invalid by a court of competent junsdiction. ^ ordinance on the date it was or more boat buoys than what was pcrmi . ^inn^tonka Conservation District, declared invalid, or than was last restrictive in its regulation whichever is less. The CiV nismet Ordinances if the public health, safety and welfare than the Lake Minnetonka Conservation Distn of the citizens of Orono so requires. V^;;:: • / • f--- % S3h « iW * m '(6)1 N 1 W \ < \ ^ V. ^ - r» \ *9 («»#1 re 1V.("IM IS J fTi tl. tR H4gON I ’ •‘i’Vi* •’r.» 9w •^......................... 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I *• ‘ • i •• !• d i I I 3 ^1 O •H 0) V) 0) 4J <W O >1c (d u 0) »c5 4J 0)x: 0) in 3 C O •H X» d) Id M U d •H H fH Pi M Pi O Id Id <Ms* M td 0) Ok H 00 U m d H D ♦ ♦ « B »d O 0) M •X3 C 0) M 4J P •H 0) M Id . M Joint Council and Planning Commission Work Session August 18, 1993 A Joint Work Session of the Cit> Council and Planning Commission of the City of Orono was held pursuant to notice at 6:30 p.ra., Wednesday, August 18. 1993 at the Orono Council Chambers. Mayor Edward Callahan and Councilmembers J. Diann Goetten. Gabriel Jabbour and JoEllen Hurr were present representing Council. Planning Commission representatives in attendance were Chairman Charles Schroeder and Planning Commission members Candy Rowlette. Sandee Smith and Charles Nohn. Building and Zoning Administrator Jeanne Mabusth. .Assistant Planning & Zoning Administrator Michael Gaffron. and Recorder Lin \'eew w were present representing staff. Planning Commission Chairman Schroeder began the meeting by stating the intention of the work session is for the Council to give the Planning Commission .^ome perspective as to what is happening with the B*2 zoning situation. Mayor Callahan explained that the section of the code being discussed is that w hich deals with zoning and land use for marinas. Questions began when the staff raised issues about the licensing procedures. The actual problems seem to revolve around possible violations of the land use section. Other problems involved the amount of the license fee, how many boats could be stored on the property', etc. As the Council looked at the code, two separate sections were evident; one dealing with licensing and the other with land use. The licensing section repeated almost verbatim everything that was in the land use section. A Lake Use Committee was formed consisting of present Councilmembers and Mr. Schroeder w ho determined there should i i separate sections for licensing and land use for marinas. These two sections have now been separated leaving one of the grounds for revocation of the license that the marina must comply with land use regulations. The licensing section has now eliminated all reference to counting boats. The B-2 section was referred to the Planning Commission and it was unclear to them what Council had to say about the B-2 section. After looking at the B-2 section, it was found that the marinas were basically operating in compliance with the code. Mayor Callahan had the following suggestions: 1) 2) Remove all reference to the LMCD from the ordinance. Beyond providing necessary space for parking, the marinas should be allowed to do business as they wish as long as proper setbacks, hardcover and other land use issues are followed. Avoid counting boats. Jabbour noted two instances in which the City has gone to court to gain compliance with dock lengths at marinas in the past. It was his opinion that the City should lake a position that is equitable, fair and reasonable and is easy for staff to monitor. As long as the marina activity 1 Joint Council and Planning Commission Work Session August 18, 1993 does not encroach onto the residential area and drive property values down, flexibility should be given to operators to change as the market changes. Hurr questioned how the adequacy of parking could be considered without looki^ at the magnimde of the business and the potential number of boats that could go m the water. Callahan noted that the major goal in parking is to avoid parking on the street and it may be ^t reference to numbers of boats may be the only was to come up with a formula for adequate parking. However, he would like to sec some kind of plan developed which avoids counting boats, i.e. a site plan with envelope for parking agreed upon by both parties. Goetten stated there was a lot of confrontdtion between the City and Orono marinas in the early 1980's. From discussions last year, it was determmed that there should be realistic expectations on both sides so they can work together, since the marinas vvill continue to operate in the City. She asked if the Planning Commission agrees with these ideas and what km changes the Planning Commission might want to see or not see, if any. Callahan agreed that hardcover and other issues should be looked at in relation to reality. He is unaware of any reports of "bad" parking problems so whatever is being done seems to be working. Hurr stated she has a problem accepting things as they aie smee other areas cannot do anything in the 0-75 ’ zone. The City should try to achieve some improvements environmentaiy on me sites rather than accept the status quo. Because the City has such stnet standards, she feels some improvements were gained in the preliminary DNR plan tor Gayle s Manna and the adjacent properties. Jabbour added that a 0 ’ lake setback is not what he wants either but a 75’ setback is unrealinic for most of the marinas. Vertical density should also be addressed as the Plannmg Commission discusses the marinas. Cruise boats (charter boats) are looking for alternative homes and Orono should be ready to respond to parking issues for them. Studies have . hown that only 20% of the boats are on the lake at one time but boat clubs have back-to-back usage, probably 50-100%. He feels the marina operator should be able to "pick and choose" how he wants to use his space. Hun suggested the Planning Commission members involve the marina owners in their discussions to get their input. She is most concerned about environmental issues such as runoff into the lake. Jabbour noted that rules and regulations help to keep pricing fair and equitable when marinas are on the market for sale. It helps the owner, buyer and City. Joint Council and Planning Comnii.vslon W ork Session August 18, 1993 Charles Nolan asked what types of complaints have been received from the neighbors over the years. Council members gave the following examples; 1. Intrusion on neighboring properties by boats or walking across the property. 2. A 5’ setback at Lakeside Marina between residential property' which was to be open from the ground to sky, had boats and/or cars backed up to propeity lines. 3. Lakeside Marina has a pumpout station next to neighbor where boats wash off in the lake. 4. Noise for the immediate neighbors. 5. Bohn ’s Point residents objected to the blue vinyl fence and three tier dry stacking of boats. During an inspection last year. Callahan observed that Lakeside was maintaining the setback. He" added that because a couple residential properties are between the marinas, problems are intensified at Lakeside. Hurr noted that the "Quiet Waters" zones have benefitted residential areas. Schreeder concluded the meeting by stating there are many concerns to be discussed by the Planning Commission. They should review how the licensing section was iV nnined and environmental issues. Council would like to see changes made by October ot ,uw c.^iiimng of November so they can be in place by the new year. Hurr thought other commercial development within the City could also be looked at, as code for marinas should not be much more lenient than other commercial areas. The Joint Meeting adjourned at 7:08 p.m. . ..