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Home My WebLink About10-21-2024 Planning Commission PacketAgenda Planning Commission Monday, October 21, 2024, 6:00 PM 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /oronomn.gov 1. Call to Order 2. Pledge of Allegiance 3. Approval of Agenda 4. Approval of Minutes 4.1. Planning Commission Minutes of September 16, 2024 5. Public Hearings 5.1. LA24-000046, John Erickson, 865 Partenwood Road, Variances, Public Hearing 5.2. LA24-000052, Outdoor Excapes o/b/o Gregory and Maria â€œMiaâ€ Swenson, 875 Forest Arms Ln, ALS Variance, Public Hearing 5.3. LA24-000053 Lecy Brothers Homes & Remodeling, o/b/o Ken Levitt, 700 North Arm Drive, Variances, Public Hearing 5.4. LA24-0000055, City of Orono Text Amendment, Cannabis, Public Hearing 6. New Business 6.1. LA24-000054, Rob Page, 430 Old Crystal Bay Rd, Site Plan Review 7. Other Items 8. Adjournment Audience Members: Information regarding each of the agenda items is available on the city website under meetings and in the public packet located in the lobby near the entrance. Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. Sign up for email notifications at https://www.oronomn.gov/ 1 Date: October 21, 2024 Item: 4.1 Presenter: Laura Oakden, Community Development Director Section: Approval of Minutes Title: Planning Commission Minutes of September 16, 2024 1.Purpose: Approve the Planning Commission Minutes of September 16, 2024. 2.Planning Commission Action Requested: Approve the Planning Commission Minutes of September 16, 2024 AGENDA ITEM Exhibits 09.16.2024 Planning Commission Minutes.docx 2 Minutes Planning Commission Regular Meeting Monday,September 16, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 3 Chair Bollis called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. 1.ROLL CALL Orono Planning Commission members present:Chair Chris Bollis, Commissioners, Dennis Libby, Jon Ressler, Bob Erickson,Ted Schultze and Gary Kraemer. Absent:Commissioner Mark McCutcheon. Staff present: Community Development Director Laura Oakden and City Planner Melanie Curtis. 2.PLEDGE OF ALLEGIANCE 3.APPROVAL OF AGENDA Libby moved, Schultze seconded, to approve the Agenda. VOTE: Ayes 6, Nays 0. 4.APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF AUGUST 19, 2024 Ressler moved, Kraemer seconded, to approve the minutes of the Orono Planning Commission meeting of August 19, 2024. VOTE: Ayes 6, Nays 0. 5.PUBLIC HEARINGS 5.1.LA24-000044,WILLIAM ANDERSON,1335 BRIAR STREET,VARIANCES,PUBLIC HEARING Bollis recused himself from this item as he is related to the applicant, stepped down from the Commission table and designated Ressler as acting chair. The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and approve variances with some conditions to enlarge a stoop and build a garage. The Planning Commission discussed the item and asked questions of staff and the applicant,William Anderson, 1335 Briar Street. Chair Ressler opened the public hearing at 6:07 p.m. There were no public comments. Chair Ressler closed the public hearing at 6:07 p.m. Commissioners noted one neighbor was in support and the other had concerns that would be addressed by the grading plan. They pointed out a shed would be eliminated,and the amount of hardcover would be reduced,although it would still be above the amount allowed, requiring a variance. Erickson moved, Schultze seconded, to approve LA24-000044, 1335 Briar Street,Variances as applied. VOTE: Ayes: 5, Nays 0. 3 Minutes Planning Commission Regular Meeting Monday,September 16, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 3 5.2.LA24-000043,ARCHOS ARCHITECTURE &DESIGN PA,1760 SHADYWOOD RD, VARIANCES,PUBLIC HEARING The Planning Commission is requested to review the Staff report, receive a presentation,and discuss the request for variances to build an attached garage and second story addition, eliminating a separate garage and resulting in a reduction of hardcover. Staff recommended approving some aspects of the plan but asking the applicant to redesign the second story to eliminate the need for a set-back variance. The Planning Commission discussed the item and asked questions of staff and the applicant, Mike Eckardt,Archos Architecture, St Paul. Chair Bollis opened the public hearing at 6:18 p.m. Gretchen Shaw, 1750 Shadywood Rd., expressed support for the removal of the existing garage and the proposed new home addition but advocated for re-designing to respect the set-back. She asked for notification regarding demolition since their home is so close. Chair Bollis closed the public hearing at 6:20 p.m. Commissioners said overall it looked like the City would be improving its position and adding a second story would be reasonable because of the small lot. Several said they supported building on the existing footprint, not increasing the structural coverage. Other Commissioners said they were not in support of the application and the applicant should come back with another plan. It was clarified that although the request was for a remodel, approval would give the applicant the right to remove the structure and start over if necessary.The applicant said there is no plan to completely demolish the house and remove the foundation as it was determined the foundation was in good shape and could support the second story. It was stated that pulling the new second story in two feet would be very expensive from a design and structural position and may look odd. Ressler moved,Kraemer seconded, to approve LA24-000043, 1760 Shadywood Rd.,Variances. VOTE: Ayes: 4, Nays 2 (Libby and Erickson) 5.3.LA24-000045, LARRY COMPTON O/B/O PARK GUN CLUB,3660 6TH AVENUE N, INTERIM USE PERMIT FOR MINING/PROCESSING,PUBLIC HEARING The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and approve the Interim Use Permit for mining and processing for a lead reclamation project in the wetland. Staff recommended approval conditioned upon compliance with all permits, for example from the Watershed District and the DNR.(Department of Natural Resources).It would be the first lead reclamation project in the 70-year history of the gun club. The Planning Commission discussed the item and asked questions of staff and the applicant,Larry Compton, Gun Club President, 18525 Pioneer Trail, Eden Prairie. Chair Bollis opened the public hearing at 7:13 p.m. There were no public comments. 4 Minutes Planning Commission Regular Meeting Monday,September 16, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 3 Chair Bollis closed the public hearing at 7:13 p.m. Commissioners asked about noise during the reclamation process and pollution from the lead. Because of the poisonous nature of lead,they urged the remediation to be done as thoroughly and carefully as possible. They expressed concern about noise pollution for the neighbors.The applicant said it would be no more noisy than construction and the ordinance for work times would be respected. Bollis moved, Schultze seconded, to approve LA24-000045, 3660 6th Avenue N, Interim Use Permit as applied with the condition that if there are noise complaints it can be brought back to the City Council or Planning Commission. VOTE:Ayes: 6, Nays 0. 6.OTHER ITEMS Community Development Director Oakden reported on actions taken by the City Council on planning items at recent meetings.She said she had received the resignation of Commissioner Libby as he will be moving and thanked him for his service. 7.ADJOURNMENT Libby moved, Erickson seconded, to adjourn the Planning Commission Meeting at 7:23 p.m.to October 21, 2024.VOTE: Ayes 6, Nays 0. ATTEST: _________________________________________ Christopher Bollis, Chair 5 Date: October 21, 2024 Item: 5.1 Presenter: Laura Oakden, Community Development Director Section: Public Hearings Title: LA24-000046, John Erickson, 865 Partenwood Road, Variances, Public Hearing 1.Purpose: The applicant is requesting variances for 75-foot lakeshore setback and hardcover within the 75- foot lakeshore setback order to construct a deck to an existing home. 2.MN§15.99 Application Deadline: The applicant submitted an application August 21, 2024. The application was deemed complete on September 19, 2024. Following the 60 day require period the application expires November 18, 2024. 3.Background: The majority of the existing house sits within the 75-foot lake setback as the parcel is located on a peninsula with lake on three (3) sides of the home. The applicant is proposing to remove the at grade patio and hardscape and replace it with a new 55 foot by 16-foot deck structure that is roughly 14 inches above grade. This is a change in character of the hardcover from a patio to a structure as well as being located within the 75-lakeyard setback. The proposed deck is a similar size to the current improvements. The improvement reduces the overall hardcover within the 75' lake yard setback and maintains a similar setback. 4.Public Comment: The neighbors on either side have provided acknowledgement signatures 5.Staff Recommendation: Planning Department Staff recommends approval. 6.Planning Commission Action Requested: Planning Commission should make a motion to recommend approval of the application as applied. AGENDA ITEM Exhibits Ex A, LA24-000046 (865 Partenwood) PCSR DRAFT LO Edit.docx Ex B Land Use Application Summary.pdf Ex C Practical Difficulties Documentation Form.pdf Ex D Survey.pdf Ex E Annoted Site Plan.pdf Ex F Plans & Photo.pdf Ex G 865 Partenwood Hardcover.pdf Ex H Mailing List and Map.pdf Ex I Neighbor Acknowledgement.jpg 6 Date Application Received: 08/21/2024 Date Application Considered as Complete: 09/19/2024 60-Day Review Period Expires: 11/18/2024 To:Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From:Laura Oakden, Community Development Director Date:October 21, 2024 Subject:#LA24-000046, John Erickson, 865 Partenwood Road, Variances - Public Hearing Background The subject property has a home that is existing today and going through a remodel project. The majority of the house sits within the 75-foot lake setback as the parcel is on a peninsula with lake on three (3) sides of the home. The property has an at-grade patio and landscaping areas with plastic base around the north side of the home all of which is considered hardcover. The applicant is proposing to remove the at grade patio and hardscape and replace it with a new 55 foot by 16-foot deck structure that is roughly 14 inches above grade. This is a change in character of the hardcover from a patio to a structure as well as being located whole within the 75-lakeyard setback. The proposed deck is a similar size to the current improvements, however a 55-foot by 16-foot deck is large deck with 880 sq.ft. The applicant should be asked for additional testimony regarding the proposed size and reasonable use of the site within the 75- foot lakeshore setback. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified theproperty’s lake frontage and peninsula shape as practical difficulties. The proposed structure is an overall decrease in hardcover within the 75- foot lakeshore setback and is located with a similar setback to the existing improvements. The applicant has indicated that the deck is necessary for the enjoyment and use of the home and has noted the parcel does not have a reasonable building envelope to support any improvements in a conforming location. Planning Staff Practical Difficulty Analysis: Staff acknowledges the site constraints of the lot:he unique shape of the parcel and the amount of lakeshore on the parcel decreases a reasonable building envelope for improvements. The proposed deck maintains a similar setbackas the current improvements. Additionally, the existing deck being at-grade limited the massing impacts on the lakeshore and supports improvement as being similar in nature as the patio. The overall hardcover within the 75-foot lakeshore setback is decreasing,which is an overall improvement from the existing conditions. Staff supports the application due to the decrease in overall hardcover and setbacks from the lake. However, the Planning Commission should request additional testimony from the applicant regarding the proposed size of the deck. The Commission should discuss and determine if the proposed deck is the minimum necessary to support reasonable use of the site. LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 – Applicable Setbacks: LR-1C District Required Existing Home Proposed Deck Lakeshore North Side 75’53’(Deck to be removed)54’ Application Summary: The applicant is requesting variances for 75-foot lakeshore setback and hardcover within the 75-foot lakeshore setback order to construct a deck to an existing home. Staff Recommendation: Planning Department Staff recommends approval. 7 FILE #LA24-000046 October 21, 2024 Page 2 of 4 Lakeshore East Side 75’40’52’ Lakeshore South Side 75’53’n/a Average Lakeshore 27’Met Met Section 78-330 – Lot Area/Width: LR-1C District Lot Area Lot Width Required 43,560 sq.ft (1 Acre)140’ Actual 49,617 sq.ft. (1.13 acre)~183’ Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 49,617 sq.ft. 12,404.25 sq.ft (25 %) 7,669 sq.ft 15.4% 6,290.5 sq.ft within 75’ 7,511 sq.ft 15.13% 6,132.5 sq.ft within 75’ Applicable Regulations: Hardcover Variance (Section 78-1680) The property is approximately 1.13 acres. The majority of the hardcover is located within the 75’ lakeshore setback (roughly 6,290 sq.ft.). The proposed deck addition will decrease the hardcover within the 75-foot lakeyard by 158 sq.ft. due to the removals of the plastic landscaped areas and patio. 75-foot Lakeshore Setback Variances Section 78-1279) The existing home is approximately 40 feet from the Ordinary High Water Level (OHWL) when 75 feet from its closest point on the east side. The 75-foot lakeshore setback surrounds the home on three (3) sides greatly reducing the building envelope of the parcel. The proposed deck addition is proposed within the 75-foot lakeshore setback. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code.Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. 8 FILE #LA24-000046 October 21, 2024 Page 3 of 4 According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances requested for the construction of a low grade deck in an area where existing hardcover will decrease within the 75-foot lakeyard is in harmony with the intended purpose of the ordinance. This criterion is met. 2. The variance is consistent with the comprehensive plan. The proposed variance is consistent with the Comprehensive Plan. The Comprehensive Plan emphasizes the protection of natural resources including our natural waterways. The proposed will decrease the hardcover and setback encroachments within the 75-foot lakeshoresetback, bringing the property closer to zoning conformance. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner currently has limited use of the site with the existing single-family home with an attached two (2)-stall garage located almost entirely within the 75-foot lakeyard setback. The proposed deck to replace a previously improved area is reasonable. The applicant should demonstrate to the Commission the need for the increase in size to the deck within setbacks. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The existing house was built by previous owners. The lot is a peninsula with lakeshore on three (3) sides limited the building envelope for the home on the site. The existing nonconformities are not the result of the current property owner’s actions. This criterion is met. c. The variance will not alter the essential character of the locality. The proposed varianceresulting in the construction of an a deck where a current patio and landscaping is located would not alter the character of the neighborhood. The lot is wooded and would have limited visible impact from the lake. This criterion is met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations are not a factor in thisvariance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is a permitted use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 9 FILE #LA24-000046 October 21, 2024 Page 4 of 4 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The narrow building envelope impacted by the lakeshore on three (3) sides of the property are unique. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property is surrounded by lakeshore on three (3) sides and the location of the existing structures in relation to the building envelope on site are unique to the subject property. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing home on the property currently has an at-grade patio. The proposal is for a low-grade deck in replacement of this patio that will decrease the overall hardcover within the 75-foot lakeshore. The proposed deck supports the preservation and enjoyment of the property.This criterion is met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.Granting the variance requests would not impair the zoning chapter since the setbacks and hardcover would be improving on the site compare to the existing conditions. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. There are practical difficulties that support the application as proposed. The variance requests for a new deck improve the overall hardcover and existing setbacks on the site. This criterion is met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The neighboring property owners at 880 and 815 Partenwood Rd have provided property acknowledgement signatures. No other public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the size of the proposed deck is reasonable for the site? The applicant should provide additional testimony to support for size of the proposed deck. 2. The Commission should discuss if the property owner has reasonable use of the property. 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval. 10 Letter View file:///C/Users/loakden/Downloads/Land%20Use%20Application%20Summary%20(35).htm[10/17/2024 12:56:34 PM] Land Use Application Summary Application Date:08/21/2024 Address:865 Partenwood Road Orono, MN 55356 Parcel Number:0511723430002 Land Use Number:LA24-000046 Application Submitted By:Property Owner Owner:Name: JANE E PICCARD Address: - JOHN ERICKSON Applicant:Name: JOHN ERICKSON Company: Address: 865 PARTENWOOD ORONO, MN 55356 JERICKSON.MPS@GMAIL.COM Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:REPLACE DECK AND PATIO Land Use Application Type:Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: 11 Letter View file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(23).htm[10/17/2024 12:56:33 PM] PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000046 1. The property owner proposes to use the property in a reasonable manner not permitted bythe Zoning Chapter. Response: N/A 2. The plight of the landowner is due to circumstances unique to his property not created by thelandowner. Response: N/A 3. The variance, if granted, will not alter the essential character of the locality. Response: N/A 4. Economic considerations alone do not constitute practical difficulties if reasonable use forthe property exists under the terms of the Zoning Chapter. Response: N/A 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight forsolar energy systems. Variances shall be granted for earth-sheltered construction as defined inMinnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any usethat is not allowed under this Chapter for property in the zone where the affected person's landis located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling asa two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to suchproperty or immediately adjoining property. Response: THE ENTIRE HOME SITS 75' FROM THE LAKE DUE TO THE PROPERTY. 9. The conditions do not apply generally to other land or structures in the district in which saidland is located. Response: N/A 10. The granting of the application is necessary for the preservation and enjoyment of asubstantial property right of the applicant. Response: N/A 11. The granting of the proposed variance will not in any way impair health, safety, comfort, 12 Letter View file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(23).htm[10/17/2024 12:56:33 PM] morals, or in any other respect be contrary to the intent of the Zoning Code. Response: N/A 12. The granting of such variance will not merely serve as a convenience to the applicant but isnecessary to alleviate demonstrable difficulty. Response: N/A 13 14 15 16 17 18 19 20 Hennepin County Locate & Notify Map 865 Partenwood Rd 0 200 400100 Feet Date: 8/26/2024 Buffer Size:500 Map Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 21 38 05-117-23 34 0011 W J & J A KOTTEMANN 835 PARTENWOOD RD LONG LAKE MN 55356 38 05-117-23 43 0001 JERRY E & CYNTHIA J GRAY 880 PARTENWOOD RD LONG LAKE MN 55356 38 05-117-23 43 0002 JDAE LLC 2501 SOUTH WAYZATA BLVD MINNEAPOLIS MN 55405 38 05-117-23 43 0003 ANN M THEISEN 815 PARTENWOOD RD LONG LAKE MN 55356 38 05-117-23 43 0005 FOX STREET TRUST 3400 FOX ST LONG LAKE MN 55356 38 05-117-23 44 0008 3350 FOX STREET LLC 3350 FOX ST LONG LAKE MN 55356 38 08-117-23 21 0008 DAVID L LAPORTE 16264 LAKESIDE AVE SE PRIOR LAKE MN 55372 38 08-117-23 21 0009 ROBERT E & JOYCE P HUMBOLDT 850 PARTENWOOD RD LONG LAKE MN 55356 22 23 Date: October 21, 2024 Item: 5.2 Presenter: Melanie Curtis, Planner Section: Public Hearings Title: LA24-000052, Outdoor Excapes o/b/o Gregory and Maria “Mia” Swenson, 875 Forest Arms Ln, ALS Variance, Public Hearing 1.Purpose: This application contemplates a variance to reconstruct a deck with a different configuration within the average lakeshore setback. 2.MN§15.99 Application Deadline: This application was received on September 17th and considered to be complete on October 2nd. The 60-day review period will expire on December 1, 2024. 3.Background: The applicant requests a variance to construct a new, reconfigured lakeside deck on the home. The proposed deck will encroach about 16.2 feet lakeward of the ALS line (±5 feet closer to the lake). Due to the angle of the lakeshore and the different sizes of the existing and proposed decks, the resulting setback from the lake (for both the existing and proposed decks) of approximately 268.5 feet remains unchanged. The Planning Report, attached as Exhibit A, provides a complete analysis of the practical difficulty. The applicant's analysis is attached as Exhibit C. 4.Public Comment: The neighbors on either side have provided supportive comments (Exhibit I) 5.Staff Recommendation: Staff recommends approval as applied. 6.Planning Commission Action Requested: Planning Commission should make a motion to recommend approval of the average lakeshore setback variance as applied. AGENDA ITEM Exhibits Exhibit A - Planning Report Exhibit B - App & Narrative Exhibit C - Applicant's Practical Difficulty Exhibit D - Site Plans Exhibit E - PLANS Exhibit F - Hardcover Exhibit G - Site Photos Exhibit H - Aerial Photos Exhibit I - Public Comment 24 Exhibit J - List & Map 25 Date Application Received: 09/17/2024 Date Application Considered as Complete: 10/02/2024 60-Day Review Period Expires: 12/01/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 21 October 2024 Subject: #LA24-000052, Outdoor Excapes o/b/o Gregory and Maria “Mia” Swenson, 875 Forest Arms Ln Variance Public Hearing Background On behalf of the owners, Outdoor Excapes requests a variance to construct a new, reconfigured lakeside deck on the home. Building improvements must meet all required setbacks; on lakeshore properties, this includes the 75-foot lake setback and the average lakeshore setback (ALS). Based on the neighboring home locations, the existing deck on the subject property is approximately 11 feet ahead of the ALS line. The proposed improvements will encroach about 16.2 feet lakeward of the ALS line (±5 feet closer to the lake). Due to the angle of the lakeshore and the different depths of the existing and proposed decks, the resulting lake setback (for both the existing and proposed decks) of approximately 268.5 feet remains unchanged. The new deck is proposed to be elevated approximately 10 feet above the grade. The lower, southeastern portion of the deck (right side as viewed from the lake) is closer to grade level and can be approved as submitted. The left side of the existing deck will be removed and only the existing concrete patio will remain. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the location of the home and the extreme setback of the existing and neighboring homes on Forest Arms Lane as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: The subject property fronts on a long channel which is somewhat disconnected from the lake. The channel creates a unique situation regarding the “lake view” that the average lakeshore setback regulation was created to protect. The lakeshore neighbor to the south (895 Forest Arms Lane) is a flag lot; the home is set back further on their property (closer to the street) than the subject. Further 895 Forest Arms Lane has no lake view over the subject property as their home is oriented to the southwest. Similarly, the neighbor to the north at 855 Forest Arms Lane also faces southwest toward the channel and is not impacted by the home on the subject property. The properties along the lake side of Forest Arms Lane have deep lake yards and the homes are situated nearer to the street side of the properties. The subject home is 277 feet from the lake. The depth of the lake yards combined with the ALS resulting from the orientation of the channel shoreline result in difficulty for the property owner in identifying a conforming location for improvements to their property. Staff finds practical difficulties supporting the variances in the location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline in question. Application Summary: The applicant requests an average lakeshore setback variance to construct a new deck with an expanded footprint. Staff Recommendation: Planning Department Staff recommends approval. 26 FILE #LA24-000052 21 October 2024 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 – Setbacks: LR-1B Required Existing Proposed Rear/Street 30’ 44’ No Change Northwest Side 10’ 35’ No Change Southeast Side 10’ 31’ No Change Lakeshore 75’ 277’ house 268.5’ deck No Change Average Lakeshore The existing and proposed improvements are lakeward of the ALS line. The new deck will extend approximately 5 more feet into the ALS. Section 78-330 – Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140’ Actual 63,176 s.f. (1.45 acre) 140’ @ 75’ / 140’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 63,176 s.f. (1.45 acre) Allowed: 12,635 s.f. (20%) Existing: 3,480 s.f. (5.5%) Proposed: No Change Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 63,176 s.f. 15,794 s.f. (25 %) 7,968 s.f. (8%) 7,949 s.f. (8%) 27 FILE #LA24-000052 21 October 2024 Page 3 of 5 Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The existing lakeside deck which includes a grade-level portion and an upper deck is in disrepair. The proposed deck is slightly smaller than the existing one. The proposed deck will extend approximately 5-6 feet closer to the lake than the existing deck; approximately 16 feet into the average lakeshore setback. The patio and lower deck on the sides are less than 42” from grade, therefore is not required to be located behind the average lakeshore setback line. There is no location on the lake side of the home to construct conforming structural improvements. The neighboring properties' views of the lake over the subject property will not be impacted by the proposed deck changes. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The requested average lakeshore setback variance is in harmony with the Ordinance as the adjacent neighbors are situated such that their channel/lake views are not across the subject property and their views will not be impacted by the improvements. 2. The variance is consistent with the comprehensive plan. The variance resulting in a permit for the construction of a deck improvement on the single-family residence in a residential zone is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit the new deck lakeward of the average lakeshore setback appears to be reasonable as the views of the lake enjoyed by the adjacent properties Existing Proposed 28 FILE #LA24-000052 21 October 2024 Page 4 of 5 will not be adversely impacted; the mature vegetation, topography, and home orientation separate the Property from its neighbors. b. There are circumstances unique to the property not created by the landowner; the location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline in question are conditions not created by the landowner; and c. The variance will not alter the essential character of the locality. It does not appear that the requested average lakeshore setback variance to permit the new deck will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as additions/improvements to a residential home are permitted in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline in question are unique conditions affecting the subject property and the immediately adjoining properties. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline in question are unique conditions affecting the subject property and the immediately adjoining properties and are not common conditions of properties in the LR-1B district overall. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The application of the setbacks on this property results in a limited building area. Without variances much of the property would not be usable. The variance is necessary to preserve the owners’ property rights. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variance will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The application of the average lakeshore setback severely limits the options for improving the property/home; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline. 29 FILE #LA24-000052 21 October 2024 Page 5 of 5 The Commission may recommend or the Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The neighbors on either side of the subject property submitted comments in support of the application (Exhibit I). Issues for Consideration 1. Does the Planning Commission find that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the ALS variance as applied. 30 Land Use Application Summary Application Date:09/17/2024 Address:875 Forest Arms Lane Orono, MN 55364 Parcel Number:0711723120014 Land Use Number:LA24-000052 Application Submitted By:Agent on behalf of property owner Owner:Name: GREGORY S & MARIA SWENSON Address: - Maria (Mia) Swenson Applicant:Name: Amy Eakman Company: Outdoor Excapes of Lake Minnetonka Address: 2345 Daniels Street Long Lake, MN 55356 aeakman@outdoorexcapes.com Contact Information:Associated Contact: Hans Frees hfrees@outdoorexcapes.com Associated Contact: Madeleine Geislinger mgeislinger@outdoorexcapes.com Associated Contact: Associated Contact: Project Description:Average Lakeshore Setback Variance for a new deck Land Use Application Type:Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: 31 Subject: Request for Variance for a new deck within the average lakeshore setback Dear Members of the Orono City Council, We are writing to formally request a variance to install a new deck within the average lakeshore setback of the property of Mia Swenson at 875 Forest Arms Lane. Our request is driven by the need to replace an existing deck found to be in poor condition and which already exists within the setback in question. The new deck footprint, while extending further East along the back of the house, would be less square footage than what is existing. The current structure measures 707 square feet, while the new deck is proposed at 688 square feet. We would be eliminating the space along the West end of the deck that extends along the back side of the house. The new deck will provide better space for foot traffic between floors and provide a safer space for enjoying the lakeshore. Materials include new KDAT treated framing, all-weather Azek decking and fascia, and new Aluminum railings. The deck services two existing patio doors and provides a means of access to the backyard. It currently stands more than 250 feet from the shoreline and is not proposed to exceed that with the new design. While both the new and existing structures fall within the sightline setback, the neighboring properties are positioned in such a way that this structure does not impede their view of the lake in any way. We kindly request your consideration of our request. Granting this variance will not only help us address the immediate concern of needing to replace a failing, old structure but would also contribute to the long-term preservation of the properties on Lake Minnetonka. We appreciate your attention to this matter and welcome any additional questions you may have. We look forward to your favorable decision and would be happy to attend any relevant hearings or meetings to discuss our request in more detail. Thank you for your time and consideration. Outdoor Excapes of Lake Minnetonka on behalf of Mia Swenson BC#653834 32 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000052 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The request to permit residential improvements on this lot within the lake setback appears to be reasonable considering the property’s size and the neighboring support. The neighboring property owners have indicated they are in support and will not be adversely affected. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The position of the residence on this property was not directed by the owner. The 1-1/2 and 2nd story walk-outs are part of the existing architecture and require a deck for egress to the backyard, both of which fall outside of the setback. 3. The variance, if granted, will not alter the essential character of the locality. Response: The variance is requested to permit modifications to the improvements being made on the property which are designed to fit the character of the neighborhood and improve the neighbor’s views. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: This condition is not applicable. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: This condition is not applicable, as residential improvements are allowed in the LR-1B District. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The home and the neighboring homes are built closest to the street side of the properties 33 and situated more than 250 feet from the shoreline, resulting in a unique Lakeshore setback that would allow for little to no room for improvements on the lake side of the house. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The same condition as above applies to the immediately adjacent properties. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The variance allowing changes to the structure within the lake setback area supports the use of the property and is necessary for the preservation of the property rights of the owners. The lake setback variance improves the accessibility of the lot and results in a reduction of hardcover from the existing conditions. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Granting the requested variance in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The variance does not merely serve as a convenience to the applicant. The variance improves the safety and egress to the backyard and is in line with the structures built on the neighboring properties. 34 deck measurment house 35 170 LW GRAPHIC SCALE 0 10 20 40 IN FEET I inch = 20 ft. 4, 4 t RELOCATE LOCKBOX" C x/\ DRAINAGE EASEMENT X 937 PROPOSED 5' HIGH CHAIN LINK FENCE 4 F7 x 938.62 9:54.42 33.42 r\96) St JPVFY FOR Lot. 6, Bloclk AJAI-, Ll BENCH MARK TOP OF IRON PIPE N01 E 30.81 The location of the proposed, site additions were provided by PETERSON POOLS and SPAS. 71 lift 4 ii u ;r 1 13 1W I HEARBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1. AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. DATED THIS 26 DAY OF JUNE,1992. RICHARD J. WILLIAMS, JR. MN REG NO, 19840 73;-3cwo Existing Deck Proposed Deck 36 37 38 39 40 41 Last Updated: July 2018 Note: This is an information sheet only, every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 8 of 9 City of Orono Hardcover Calculation Worksheet Property Address: Prepared by: Date: Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75’ setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24’ x 30’) (720 S.F.) A S.F. B S.F. C S.F. D S.F. E S.F. F S.F. G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existing Hardcover [Subtract line (2) from line (1)] S.F. (4) Total Lot Area S.F. Proposed Hardcover Percentage [ (3) ÷ (4) ] % (Proposed Hardcover next page) GARAGE (ATTACHED) HOUSE CONCRETE DRIVEWAY CONCRETE PARKING (WEST OF GARAGE) PAVER FRONT STOOP/WALK CONCRETE WALKOUT PATIO PAVER FIREPIT PATIO WOOD SHED BOULDER RETAINING WALLS DECK CONCRETE A/C PAD LOCKBOX NEAR LAKE 878 2,430 1,975 1,100 315 250 201 172 50 707 16 24 24' x 36.6' 77' x 14.3' 28' x 11.3' 9.6' x 26' 16' DIAMETER 10.6' x 16.2' 4' x 4' 3' x 8' 8,118 150 7,968 63,176 8 RETAINING WALLS NOT WITHIN 75' LAKE SETBACK FIRST 100 SQFT OF PERVIOUS DECK I J 50 100 875 FOREST ARMS LANE, ORONO, MN 55364 OUTDOOR EXCAPES 7/29/2024 42 Last Updated: July 2018 Note: This is an information sheet only, every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 9 of 9 City of Orono Hardcover Calculation Worksheet Property Address: Prepared by: Date: Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75’ setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24’ x 30’) (720 S.F.) A S.F. B S.F. C S.F. D S.F. E S.F. F S.F. G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] S.F. (4) Total Lot Area S.F. Proposed Hardcover Percentage [ (3) ÷ (4) ] % GARAGE (ATTACHED) HOUSE CONCRETE DRIVEWAY CONCRETE PARKING (WEST OF GARAGE) PAVER FRONT STOOP/WALK CONCRETE WALKOUT PATIO PAVER FIREPIT PATIO WOOD SHED BOULDER RETAINING WALLS DECK CONCRETE A/C PAD LOCKBOX NEAR LAKE NEW DECK 878 2,430 1,975 1,100 315 250 201 172 50 707 16 24 688 24' x 36.6' 77' x 14.3' 28' x 11.3' 9.6' x 26' 16' DIAMETER 10.6' x 16.2' 4' x 4' 3' x 8' 8,099 150 7,949 63,176 8 RETAINING WALLS NOT WITHIN 75' LAKE SETBACK FIRST 100 SQFT OF PERVIOUS DECK I N 50 100 875 FOREST ARMS LANE, ORONO, MN 55364 OUTDOOR EXCAPES 7/29/2024 43 44 45 46 47 Estimated Lake Views from the neighboring homes 48 49 50 1 Amy Eakman Subject:FW: Maria (Mia) Swenson variance From: Hans Frees Sent: Sunday, September 8, 2024 2:11 PM To: kris pearson <kdpjst@yahoo.com> Cc: Madeleine Geislinger <mgeislinger@outdoorexcapes.com> Subject: Re: Maria (Mia) Swenson variance Thank you very much Kris! We truly appreciate your support. Regards, Hans Hans Frees President/Founder | Outdoor Excapes o. 952.926.6899 | m. 763.286.2429 e. hfrees@outdoorexcapes.com | w. outdoorexcapes.com a. 2345 Daniels Street, Long Lake, MN 55356 On Sep 8, 2024, at 1:41 PM, kris pearson <kdpjst@yahoo.com> wrote: Hello- I live at 855 Forest Arms Lane next to Ms. Swenson at 875 Forest Arms Lane. I do not have any objection to the new deck she wishes to build and am confirming the new deck will not impact my site line of the lakeshore. I think it is a benefit to the whole neighborhood when people invest in their homes while being considerate of the neighbors and approve the construction to proceed as designed. Kris Pearson Pearson - 855 Forest Arms Ln 51 1 Amy Eakman Subject:FW: Variance Approval - 875 Forest Arms Ln From: Hans Frees <hfrees@outdoorexcapes.com> Sent: Monday, September 9, 2024 6:20 AM To: Megan Gustafson <meggustafson17@gmail.com> Cc: evaso001@umn.edu; Madeleine Geislinger <mgeislinger@outdoorexcapes.com>; Amy Eakman <aeakman@outdoorexcapes.com> Subject: Re: Variance Approval - 875 Forest Arms Ln Megan and Chad - Thank you very much for your support. We truly appreciate it. Regards, Hans Hans Frees President/Founder | Outdoor Excapes o. 952.926.6899 | m. 763.286.2429 e. hfrees@outdoorexcapes.com | w. outdoorexcapes.com a. 2345 Daniels Street, Long Lake, MN 55356 On Sep 8, 2024, at 8:19 PM, Megan Gustafson <meggustafson17@gmail.com> wrote: Dear City of Orono and Outdoor Escapes, We, the neighbors of Mia Swenson, find the building plans for the new deck at 875 Forest Arms Lane to be within reason and the new structure will not impact our site line of the lake shore. The new deck will only improve the look of the property and the neighborhood. Mia is a great neighbor and we appreciate the work she puts into making the property beautiful. We approve the construction to proceed as designed. Sincerely, Megan and Chad Gustafson 895 Forest Arms Ln, Orono, MN 55364 Gustafson - 895 Forest Arms Ln 52 38 06-117-23 43 0015 KARLIEN DE CLERCQ ALEXANDER CAUWELS 4315 LAKEVIEW CT MOUND MN 55364 38 06-117-23 43 0016 MARK & JILL HENDRICKS 4325 LAKEVIEW CT MOUND MN 55364 38 07-117-23 11 0001 TRESSA JOHNANSEN 941 NORTH ARM DR MOUND MN 55364 38 07-117-23 11 0013 MATTHEW GETTMAN CHANG CHING LO GETTMAN 880 WINDJAMMER LA MOUND MN 55364 38 07-117-23 12 0002 COREY ROBERT OLSON ANNETTE SUE OLSON 75631 265TH ST GRAND MEADOW MN 55936 38 07-117-23 12 0003 BRAD PFAFF 993 WILDHURST TR MOUND MN 55364 38 07-117-23 12 0004 CLIFFORD & BRENDA MAYES 800 FOREST ARMS LA ORONO MN 55364 38 07-117-23 12 0005 JEFF C CORDES/TRACY N CORDES 830 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0006 JAMES WINDLER JR STEPHANIE WINDLER 860 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0007 C A CLARK & B A SEGNER-CLARK 890 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0008 JOHN D YOUNG LAURA E YOUNG 900 FOREST ARMS LN MOUND MN 55364 38 07-117-23 12 0009 JOSEPH R FELDMANN DONELLE L FELDMANN 805 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0010 MICHAEL & MARY MC ELLIGOTT 815 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0011 NATHAN M BRANDENBURG BETH M BRANDENBURG 825 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0012 BRET C RIEMENSCHNEIDER JENNIFER S RIEMENSCHNEIDER 835 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0013 KRISTIN PEARSON 855 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0014 MARIA SWENSON 875 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0015 CHAD D GUSTAFSON MEGAN A GUSTAFSON 895 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0016 BRENDON LAWRENCE JILL LAWRENCE 4265 FOREST LAKE DR MOUND MN 55364 38 07-117-23 12 0017 THERESA B MEAKINS 920 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0018 JAMIE BELAWSKI/AARON RUSS 915 FOREST ARMS LA MOUND MN 55364 38 07-117-23 12 0019 ROBERT A EATON 945 FOREST ARMS LA ORONO MN 55364 38 07-117-23 12 0021 BRANDON GRADY NATALIE SWILER 4210 FOREST LAKE DR MOUND MN 55364 38 07-117-23 12 0022 MARK R DONGOSKE 4250 FOREST LAKE DR MOUND MN 55364 38 07-117-23 12 0023 FOREST ARMS COUNTRY CLUB ADDN HOMEOWNERS ASSOC INC 960 FOREST ARMS LANE MOUND MN 55364 38 07-117-23 12 0024 FOREST ARMS COUNTRY CLUB ADDN HOMEOWNERS ASSOC INC 960 FOREST ARMS LANE MOUND MN 55364 38 07-117-23 12 0025 KENNETH ANDERSON LORI ANDERSON 4225 FOREST LAKE DR MOUND MN 55364 38 07-117-23 12 0029 RONALD & JUDITH DAVISSON 860 N ARM DR MOUND MN 55364 38 07-117-23 12 0030 BRETT T BROGHAMMER 875 WINDJAMMER LA MOUND MN 55364 38 07-117-23 13 0085 VERNON F PETERSON 3155 VICKSBURG LN N PLYMOUTH MN 55447 53 38 07-117-23 13 0208 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 13 0216 RITA JANE ZEBECK 4658 CARLTON DUNES DR #14 AMELIA ISLAND FL 32034 38 07-117-23 21 0003 THOMAS W FLECK LAURIE A FLECK 995 WILDHURST TR MOUND MN 55364 38 07-117-23 21 0015 JANE E KLINE 4455 WEST BRANCH RD MOUND MN 55364 54 Hennepin County Locate & Notify Map 875 Forest Arms 0 200 400100 Feet Date: 9/18/2024 Buffer Size:500 Map Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 55 Date: October 21, 2024 Item: 5.3 Presenter: Melanie Curtis, Planner Section: Public Hearings Title: LA24-000053 Lecy Brothers Homes & Remodeling, o/b/o Ken Levitt, 700 North Arm Drive, Variances, Public Hearing 1.Purpose: This application considers setback and hardcover variances to support a new home on the property. 2.MN§15.99 Application Deadline: This application was received on September 17th and considered to be complete on September 23rd. Therefore the 60-day review period will expire on November 22, 2024. 3.Background: The applicant proposes to construct a two-story home in the footprint of the existing walk-out rambler including a 2nd story. A lake setback variance is required to allow the new home, including expanded end story, to be situated 68.4 feet from the lake where 75 feet is required (the proposed deck is 61.4 feet from the lake). The existing home is set back 62.9 feet from the lake. Also requested is a variance to adjust the hardcover in the 75-foot setback area resulting in a 346 square foot reduction. For a complete analysis of the project please refer to the Planning Report attached as Exhibit A. 4.Staff Recommendation: Staff recommends approval of the variances conditioned upon the hardcover not exceeding 25% and the deck revised so that there is no new setback encroachment. 5.Planning Commission Action Requested: Planning Commission should consider a motion to recommend approval of the variances conditioned the following: The hardcover for the property not exceeding 25%; and No new setback encroachments - the deck should be revised. AGENDA ITEM Exhibits Exhibit A - Planning Report Exhibit B - Application Exhibit C - Practical Difficulty Exhibit D - Existing Survey & Hardcover Exhibit E - Proposed Survey Exhibit F - Proposed Hardcover Exhibit G - House Plans Exhibit H - 3D Volume Comparison 56 Exhibit I - Site Photos Exhibit J - Owners List Exhibit K - Plat Map 57 Date Application Received: 09/17/2024 Date Application Considered as Complete: 09/23/2024 60-Day Review Period Expires: 11/22/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 21 October 2024 Subject: #LA24-000053 Lecy Brothers Homes & Remodeling, o/b/o Ken Levitt, 700 North Arm Drive, Variances Public Hearing Background The current owners purchased the property in 2022. They are planning to remove the existing home and build new. The existing home is a walk-out rambler that encroaches 12 feet into the 75-foot lake setback. The property is shallow; after consideration for the sanitary sewer easement on the street side and 75-foot setback on the lake side, the remaining buildable area is approximately 110 feet x 30 feet (3,150 s.f.) with the narrowest portion measuring approximately 19 feet. The applicant is proposing to construct a two-story home, utilizing the majority of the existing home’s footprint. The 2nd story of the proposed home (shown in green in the rendering to the right) will create a mass expansion upward from the existing home (in blue) on the lake side. On the street side, what appears to be an encroachment is a permitted roof overhang as the footprint will meet the rear and side setback. A lake setback variance has been requested to allow the new, expanded home to be situated 68.4 feet from the lake (and the proposed deck 61.4 feet from the lake) where 75 feet is required; the existing one-story home is 62.9 feet from the lake. The lakeside porch on the existing home has been replaced with a deck on the proposed. Also requested is a variance to permit 871 square feet of hardcover in the 75-foot setback where no hardcover is permitted. This is a reduction of 346 square feet as 1,217 square feet of hardcover currently exists within the 75-foot setback. Lot width and lot area variances are also necessary due to the nonconforming size of the lot. Currently, as submitted the proposed hardcover calculations reflect 25.3% overall hardcover exceeding the 25% maximum for the entire site. This overage does not appear to be intended. The applicant should submit revised calculations. Application Summary: The applicant is requesting lake setback and hardcover variances in conjunction with the construction of a new single-family home on the property. Because setback and hardcover variances are requested for the nonconforming-sized property, the lot area and width variances must also be included. Staff Recommendation: Planning Department Staff recommends approval with conditions. 58 FILE # LA24-000053 21 October 2024 Page 2 of 5 Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the shallow “allowable building pad” restricted by street and lake setbacks, and a sewer easement running across the front of the property as practical difficulties supporting the requested variances. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that there are several challenging issues on this site. The shallow nature of the property and the location of the sewer easement restrict the building envelope. Staff supports the setback and hardcover variances for the new home. However, the proposed deck which exceeds the existing home footprint is not supported by staff. The new deck will extend 1.5 feet closer to the lake than the existing home creating a new encroachment. The proposed hardcover exceeds 25% and should be revised to meet 25%. LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 – Setbacks: LR-1B Required Existing Proposed Street/Rear 30’ 38.9’ 30.2’ North Side 10’ 36.8’ 10’ South Side 10’ 13.5’ 10’ Lakeshore 75’ 62.9’ home 68.4’ home 61.4’ deck Average Lakeshore The proposed home will conform to the ALS requirement. Section 78-330 – Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140’ Actual 19,400 s.f. (0.44 acre) 140’ at the OHWL / 130’ @ 75’ Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 19,400 s.f. (0.44 acre) Allowed: 3,880 s.f. (20%) Existing: 2,146 s.f. (11%) Proposed: 2,966 s.f. (15.2%) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 19,400 s.f. 4,850 s.f. (25 %) 4,585 s.f. (23.6%) w/in 75’ 1,217 s.f. 4,920.6 s.f. (25.3%) w/in 75’ 871 s.f. *As proposed, the applicant’s proposed hardcover will exceed 25% by ±70 square feet (0.3%). This may be a calculation error as they intended to conform to the 25% maximum. The applicant should provide revised calculations or respond to this. 59 FILE # LA24-000053 21 October 2024 Page 3 of 5 Applicable Regulations: Lot Width Variance (Section 78-350) Zoning Code Section 78-72(c)(2) provides options for the redevelopment of lots that do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, such as the subject lot, can be redeveloped without variances if specific standards are met, such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The property area is 0.44 acre where 1.0 acre is required and width is 140 feet at the lake and 130 feet wide at the 75-foot setback. The applicant’s request for variances results in the property’s inability to conform to all of the standards above. Therefore, lot area and lot width variances are also required to redevelop the property. The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area variance is not granted. 75-foot Lake Setback Variances (Section 78-1279) The buildable area of the property is reduced by the 75-foot setback and sanitary sewer line/easement on the property. The applicant is proposing to build a new home on the existing footprint as they find this to be the most suitable location to build due to the site constraints. They are expanding the footprint on the north and south sides to take advantage of the width of the property but to increase square footage are proposing a 2nd story over the majority of the footprint resulting in massing expansions in the 75-foot setback. The proposed deck, not depicted on the 3D rendering, is proposed to encroach 1.5 feet closer to the lake than the existing footprint. The expansion areas are shown on the 3D rendering attached as Exhibit H. 75-foot Hardcover Variance (Section 78-1279; 78-1680; and 78-1700) The applicant is proposing a 346-square-foot reduction in the hardcover within the 75-foot setback. Although the 2nd story of the new home increases the mass within the 75-foot setback, it does not result in more hardcover. Rather the redevelopment removes an enclosed porch from the lakeside of the home and replaces it with an open deck 1.5 feet closer to the lake than the existing porch. The enclosed porch is relocated to the north end of the home within conforming setbacks. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance 60 FILE # LA24-000053 21 October 2024 Page 4 of 5 the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its small size and depth, the location of the sewer line and easement in the street yard, the existing mature trees, and the existing home location making redevelopment difficult. 2. The variance is consistent with the comprehensive plan. The variances proposed to rebuild a new home in a similar location on this nonconforming lot are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of a new residence on the existing foundation on the substandard lot with a reduction in nonconforming hardcover is reasonable. b. There are circumstances unique to the property not created by the landowner; The substandard lot size is an existing condition and there is no available land with which to make the property more conforming. The restricted rear yard, and substandard lot size and shape are challenges not created by the owners. There should be consideration for variances for the property which is substandard in area and setback requirements. The project has been designed with an effort toward limiting new encroachments and hardcover without sacrificing functionality; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit the construction of a new home utilizing the existing footprint, which is reasonable. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a single-family residence is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s substandard size and shape (shallow depth), and sanitary sewer encroachment create difficulties that do not apply to many of the properties in the same neighborhood. The proposed setback and hardcover level are not out of character. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard size and width and sanitary sewer encroachment create difficulties that apply to very few properties in the City. Few of the neighboring properties have similar challenges. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed footprint of the home does not encroach closer to the lake setback than the existing home. Granting of the lot area and width, setback, and hardcover variances are necessary for the preservation of the property rights of the owners. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the variances for lot area, hardcover, and setback in this situation is not contrary to the intent of the zoning chapter. 61 FILE # LA24-000053 21 October 2024 Page 5 of 5 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances for lot area and width, lake setback, and hardcover are necessary and do not merely serve as a convenience to the applicant. The Commission may recommend or the Council may impose conditions in granting variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The abutting neighbors have signed the acknowledgment form (Exhibit J). No additional comments have been received. Issues for Consideration 1. Does the Planning Commission find that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff does not support the additional encroachment of the deck towards the lake or a variance to exceed 25% total hardcover for the property. Staff recommends approval of the setback and hardcover variances conditioned upon the applicant revising the deck so that there is no new encroachment and correcting the total site hardcover calculation to meet the 25% maximum. 62 Land Use Application Summary Application Date:09/17/2024 Address:700 North Arm DR Orono, MN 55364 Parcel Number:0611723430003 Land Use Number:LA24-000053 Application Submitted By:Agent on behalf of property owner Owner:Name: K E Levitt Et Al Rev Trust Address: - Ken Levitt Applicant:Name: Mike Mann Company: Lecy Bros. Homes & Remodeling Address: 15012 Hwy 7 Minnetonka, MN 55345 mikemann@lecybros.com Contact Information:Associated Contact: David Crook dgabriel3600@gmail.com Associated Contact: Associated Contact: Associated Contact: Project Description:New Single Family Home - Variances Land Use Application Type:Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: 63 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA24-000053 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The plight of the landowner is due to circumstances unique to his property not created by the landowner. The current home is located on a shallow “allowable building pad” restricted by street and lake setbacks, and a sewer easement running across the front of the property. 3. The variance, if granted, will not alter the essential character of the locality. Response: The variance, if granted, will not alter the essential character of the locality. The new home will be similar in height to the newer home located next door (to the southeast) of this property. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: The planned new home for this property is for the use by and for the enjoyment of the property owners, and is not for economic considerations. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: Does not apply. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: Does not apply. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: Does not apply. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The special conditions unique to this property are the location of the rear (street side) sewer easement, which, along with the current street side and lake side setbacks restrict the footprint of a new home, such that a full second story is needed. 64 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The sewer easement, setbacks, and the size and shape of the lot all combine to make for a unique situation. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The current structure, including room layout, mechanical systems, ceiling heights, etc. date back to 1956, and is due for replacement. The outdated interior and amount of square footage is inadequate for today’s modern lifestyle. The new home will correct these deficiencies and make for a livable home for many years to come. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: The granting of the variance will not in any way impair the health, safety, comfort, morals or in any other respect be contrary to the intent of the Zoning Code – it will only allow construction of a suitable new home to replace the existing structure. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The granting of this variance will not merely serve as a convenience to the homeowner but is necessary to alleviate the demonstratable difficulty. The specific difficulty is the size/shape of the lot combined with the sewer easement and lake and street setbacks. This makes building a new home, built to today’s current living standards, with a full second story, impossible without the granting of a variance. 65 PDF created with pdfFactory trial version www.pdffactory.com 66 PDF created with pdfFactory trial version www.pdffactory.com 67 PDF created with pdfFactory trial version www.pdffactory.com 68 PDF created with pdfFactory trial version www.pdffactory.com 69 PDF created with pdfFactory trial version www.pdffactory.com 70 PDF created with pdfFactory trial version www.pdffactory.com 71 72 73 74 75 76 77 78 79 1 80 2 81 3 82 4 83 5 84 6 85 7 86 87 38 06-117-23 43 0001 STEVEN BAKLUND MELISSA BAKLUND 650 NORTH ARM DR MOUND MN 55364 38 06-117-23 43 0002 SANDRA J GIRARD BRIAN R GIRARD 680 NORTH ARM DR MOUND MN 55364 38 06-117-23 43 0003 K E LEVITT ET AL REV TRUST 3050 BECKER RD INDEPENDENCE MN 55359 38 06-117-23 43 0004 JERRY A & LORRAINE GOODWALD 706 NORTH ARM DR MOUND MN 55364 38 06-117-23 43 0005 KIRK A OTTESON 710 NORTH ARM DR MOUND MN 55364 38 06-117-23 43 0006 DEAN R & LUCY V MITCHELL 740 NORTH ARM DR MOUND MN 55364 38 06-117-23 43 0007 JEFFREY P CARLSON TONI L CARLSON 770 N ARM DR MOUND MN 55364 38 06-117-23 43 0008 JEFFREY P CARLSON TONI L CARLSON 770 NORTH ARM DR MOUND MN 55364 38 06-117-23 43 0009 JEFFREY P CARLSON 770 NORTH ARM DR MOUND MN 55364 38 06-117-23 43 0010 JEFFREY P CARLSON 770 NORTH ARM DR ORONO MN 55364 38 06-117-23 43 0012 KWANG H SHIN 645 NORTH ARM DR MOUND MN 55364 38 06-117-23 43 0015 KARLIEN DE CLERCQ ALEXANDER CAUWELS 4315 LAKEVIEW CT MOUND MN 55364 38 06-117-23 43 0016 MARK & JILL HENDRICKS 4325 LAKEVIEW CT MOUND MN 55364 38 06-117-23 43 0017 MARK C GOODMAN 4330 LAKEVIEW CT MOUND MN 55364 38 06-117-23 43 0018 SUSAN K HAUGERUD 4340 LAKEVIEW CT MOUND MN 55364 38 06-117-23 43 0019 XIN HE & YAN LI 4350 LAKEVIEW CT MOUND MN 55364 38 06-117-23 43 0020 MITCHELL KRAUTKRAMER ADRIENNE KRAUTKRAMER 800 LAKEVIEW PKWY MOUND MN 55364 38 06-117-23 43 0022 LAKEVIEW OWNERS ASSOCIATION 425 LAKEVIEW PARKWAY ORONO MN 55364 88 Hennepin County Locate & Notify Map 700 North Arm 0 100 20050 Feet Date: 9/18/2024 Buffer Size:500 Map Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 89 Date: October 21, 2024 Item: 5.4 Presenter: Laura Oakden, Community Development Director Section: Public Hearings Title: LA24-0000055, City of Orono Text Amendment, Cannabis, Public Hearing 1.Purpose: The City of Orono is proposing ordinance to amend the Zoning Code to allow cannabis businesses as permitted uses within business and industrial districts 2.Background: During the 2022 legislative session, the Minnesota Legislature legalized cannabis. In 2023, the City of Orono put a moratorium on cannabis businesses. Throughout 2024, the city has been working with state guidelines and the Hennepin County licensing program to develop the appropriate local regulations for cannabis businesses. The state intends to begin issuing cannabis licenses for high-potency cannabis beginning in 2025. Per State Statue 342, the local municipality can implement registration, inspections, and zoning buffers for cannabis businesses. At the August 12, 2024 work session the city council reviewed the role and policies for the city. The council gave direction for city staff to work with Hennepin County regarding registration and inspection requirements. They also directed staff to develop a zoning amendment to apply buffers allowed by state legislation and amend the definition section of the City Code. 3.Public Comment: No public comments have been received. 4.Staff Recommendation: Planning Department Staff recommends approval of the draft language as written. 5.Planning Commission Action Requested: Planning Commission should make a motion to recommend approval of the draft ordinance and draft summary ordinance. AGENDA ITEM Exhibits Ex A Staff Report, LA24-000055, Cannabis, Text Amendment,.docx Ex B. DRAFT Cannabis Zoning Amendment.DOCX Ex C DRAFT summary ordinance.DOCX Ex D Minnesota_OCM_LG_Guide_.pdf 90 To:Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From:Laura Oakden, Community Development Director Date:October 21, 2024 Subject:#LA24-0000055, City of Orono Text Amendment: Cannabis, Public Hearing Background During the 2022 legislative session, the Minnesota Legislature legalized cannabis. In 2023, the City of Orono put a moratorium on cannabis businesses throughout the city. Throughout 2024, the city has been working with state guidelines and the Hennepin County licensing program to develop the appropriate local regulations for cannabis businesses. The state will begin issuing cannabis licenses for high-potency cannabis beginning in 2025. Per State Statue 342, the local municipality can implement registration, inspections, and zoning buffers for cannabis businesses. At the August 12, 2024 work session the city council reviewed the role and policies for the city. The council gave direction for city staff to work with Hennepin County regarding registration and inspection requirements. They also directed staff to develop a zoning amendment to apply buffers allowed by state legislation and amend the definition section of the City Code. State statue allows for municipalities to apply the following: 1. 1,000 feet from schools 2. 500 feet from daycare, parks with amenities for minors and residential treatment facilities. Type of cannabis: Medical Cannabis Hemp-Derived CBD Hemp-Derived Lower-potency THC products Retail Cannabis (High-potency THC products) Analysis: Currently, if high potency cannabis businesses were to apply to develop in the city, they would need to meet the zoning requirements of the district, which include retail/store fronts in the business district and industrial uses in the industrial district. Within the business district, retail cannabis would only be permitted in the B-1, B-3, B-4, B-5, B-6 RPUD districts and warehousing/manufacturing would be permitted in the industrial District. A greenhouse is a permitted use in the rural residential district as a Conditional Use Permit (CUP). Staff suggests listing cannabis businesses as its own permitted use within the business and industrial districts, with the requirement that the stipulated buffers are met. The businesses cannot be a conditional use due to the review timing implemented by the state statue. Once a business registration application has been submitted, the governing body has thirty (30) days to approve or deny. A CUP process takes a minimum of sixty (60) days because of public hearing requirements. To permit cannabis business and apply the appropriate buffers following the council’s direction, staff has drafted the proposed language for review that list cannabis business Application Summary: The City of Orono is proposing ordinance to amend the Zoning Code to allow cannabis businesses as permitted uses within business and industrial districts Staff Recommendation: Planning Department Staff recommends approval of the draft language as written. 91 LA24-000055 October 21, 2024 Page 2 of 2 as permitted uses when they meet the buffer standards within business and industrial zone districts. Proposed Updates for review: Definitions: Cannabis producer means a cannabis business licensed or endorsed under Minnesota Statutes, Chapter 342 to cultivate cannabis plants or flower, manufacture, process, or extract cannabis and cannabis parts, sell cannabis or cannabis products to other cannabis businesses, or transport or deliver cannabis and cannabis products from one cannabis business or another or to consumers. Cannabis retail business means a cannabis business licensed or endorsed under Minnesota Statutes, Chapter 342 to sell cannabis products to consumers, including for on- site consumption, and not for the purpose of resale. Cannabis retail businesses include businesses licensed as cannabis retailers, cannabis microbusinesses with a retail endorsement, and cannabis mezzobusinesses with a retail endorsement. Daycare means a location licensed by the Minnesota Department of Human Services to provide the care of a child in a residence outside the child’s own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. Residential treatment facility means a location licensed for residential treatment as defined in Minnesota Statutes, Section 245.462, subdivision 23 or a facility licensed to provide residential substance use disorder treatment under Minnesota Statutes Chapter 245G. New listed permitted use within the Zoning Districts B-1, B-3, B-4,B-5, B-6 and I: Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any issues or concerns with this proposal? Planning Staff Recommendation Planning Staff recommends approval of the amendments as drafted. 92 232758v2 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ___________ AN ORDINANCE AMENDING SECTIONS 78-1, 78-643, 78-704, 78-733, 78-763, 78-793, AND 78-822 OF THE CITY CODE CONCERNING CANNABIS BUSINESSES THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Orono City Code Title VI, Chapter 78, Article I, Section 78-1 is hereby amended by adding the underlined language as follows: Camp means a parcel of land with permanent buildings, tents or other structures together with appurtenances thereon, established or maintained as living quarters where both food and lodging or facilities therefore are provided for ten or more people, operated continuously for a period of five days or more each year for educational, recreational, or vacation purposes, and the use of the camp or participation in its programs are provided to adults and/or children free of charge or for payment of a fee. This definition does not include cabin and trailers camps, fishing and hunting camps, resorts, penal and correctional camps, industrial and construction camps, nor does it include homes operated for care or treatment of children and for the operation of which a license is required by state law or structures used as a dwelling. Cannabis producer means a cannabis business licensed or endorsed under Minnesota Statutes, Chapter 342 to cultivate cannabis plants or flower, manufacture, process, or extract cannabis and cannabis parts, sell cannabis or cannabis products to other cannabis businesses, or transport or deliver cannabis and cannabis products from one cannabis business or another or to consumers. Cannabis retail business means a cannabis business licensed or endorsed under Minnesota Statutes, Chapter 342 to sell cannabis products to consumers, including for on-site consumption, and not for the purpose of resale. Cannabis retail businesses include businesses licensed as cannabis retailers, cannabis microbusinesses with a retail endorsement, and cannabis mezzobusinesses with a retail endorsement. Carport means an automobile shelter having one or more sides open. [. . .] Curb cut means the opening along a street curb line or pavement edge for the purpose of motor vehicle ingress and egress from a roadway. Curb cut width shall include the width of the driveway approach and of the curb returns, if any. Daycare means a location licensed by the Minnesota Department of Human Services to provide the care of a child in a residence outside the child’s own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. 93 232758v2 Dog boarding means indoor overnight boarding services for more than three dogs aged greater than six months. [. . .] Public service structures means underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories, but not including buildings or major structures located above ground level. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. Residential treatment facility means a location licensed for residential treatment as defined in Minnesota Statutes, Section 245.462, subdivision 23 or a facility licensed to provide residential substance use disorder treatment under Minnesota Statutes Chapter 245G. Restaurants (class I)means a restaurant in which food is served to the customer and consumed by him while seated at a counter or table, and the restaurant does not serve intoxicating liquor or provide live entertainment. Food is selected by a customer while going through a serving line and taken to a table for consumption. SECTION 2. Orono City Code Title VI, Chapter 78, Article IV, Division 12, Section 78- 643(1) is hereby amended by adding the underlined language as follows: hh. Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors. SECTION 3. Orono City Code Title VI, Chapter 78, Article IV, Division 14, Section 78- 704(1) is hereby amended by adding the underlined language as follows: ii. Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors. SECTION 4. Orono City Code Title VI, Chapter 78, Article IV, Division 15, Section 78- 733 is hereby amended by adding the underlined language as follows: (5) Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors. SECTION 5. Orono City Code Title VI, Chapter 78, Article IV, Division 16, Section 78- 763 is hereby amended by adding the underlined language as follows: 94 232758v2 (25) Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors. SECTION 6. Orono City Code Title VI, Chapter 78, Article IV, Division 17, Section 78- 793 is hereby amended by adding the underlined language as follows: (5) Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors. SECTION 7. Orono City Code Title VI, Chapter 78, Article IV, Division 18, Section 78- 822(a) is hereby amended by adding the underlined language as follows: (12) Cannabis producers located not closer than 1,000 feet of a school or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors. SECTION 8. This ordinance shall become effective immediately upon its passage and publication. ADOPTED this ___ day of October, 2024, by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: __________________________ Dennis Walsh, Mayor ATTEST: ____________________________ Christine Lusian, City Clerk 95 232759v1 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA SUMMARY ORDINANCE NO. ____ AN ORDINANCE AMENDING CITY CODE TITLE VI, CHAPTER 78 REGULATING CANNABIS BUSINESSES NOTICE IS HEREBY GIVEN that, on _______________, 2024, Ordinance No. _______ was adopted by the City Council of the City of Orono, Minnesota. NOTICE IS FURTHER GIVEN that, due to the lengthy nature of Ordinance No. ___, the following summary of the ordinance has been prepared for publication and approved by the City Council as authorized by state law. NOTICE IS FURTHER GIVEN that, Ordinance No. ______ amends City Code Title VI, Chapter 78 regarding regulation of cannabis businesses. A printed copy of the whole ordinance is available for inspection by any person during the City’s regular office hours or on the City’s website. APPROVED for publication by the City Council of Orono, Minnesota this ___ day of October, 2024. CITY OF ORONO By _____________________________ Dennis Walsh, Mayor ATTEST: ______________________________ Christine Lusian, City Clerk 96 A Guide for Local Governments on Adult-Use Cannabis Version 1.2 June 25, 2024 97 Table of Contents Introduction ............................................................... 3 About OCM ............................................................... 4 Cannabis License Types ............................................. 5 Adult-Use Cannabis Law ........................................... 7 Cannabis Licensing Process........................................ 8 General Authorities .................................................. 10 Zoning and Land Use ................................................ 12 Local Approval Process ............................................. 15 Inspections and Compliance Checks ........................ 18 Municipal Cannabis Stores ...................................... 19 Creating Your Local Ordinance ............................... 20 Additional Resources ................................................ 21 98 Introduction This guide serves as a general overview of Minnesota’s new adult-use cannabis law, and how local governments can expect to be involved. The guide also provides important information about Minnesota’s new Office of Cannabis Management (OCM), and the office’s structure, roles, and responsibilities. While medical cannabis continues to play an important role in the state’s cannabis environment, this guide is primarily focused on the adult-use cannabis law and marketplace. The following pages outline the variety of cannabis business licenses that will be issued, provide a broad summary of important aspects of the adult-use cannabis law, and cover a wide range of expectations and authorities that relate to local governments. This guide also provides best practices and important requirements for developing a local cannabis ordinance. Chapter 342 of Minnesota law was established by the State Legislature in 2023 and was updated in 2024. Mentions of “adult-use cannabis law” or “the law” throughout this guide refer to Chapter 342 and the changes made to it. As of this guide’s date of publication, state regulations governing the adult-use cannabis market have not yet been published—this document will be updated when such regulations become effective. This guide is not a substitute for legal advice, nor does it seek to provide legal advice. Local governments and municipal officials seeking legal advice should consult an attorney. Page 3 99 About OCM Minnesota’s Office of Cannabis Management is the state regulatory office created to oversee the implementation and regulation of the adult-use cannabis market, the medical cannabis market, and the consumer hemp industry. Housed within OCM are the Division of Medical Cannabis (effective July 1, 2024), which operates the medical cannabis program, and the Division of Social Equity, which promotes development, stability, and safety in communities that have experienced a disproportionate, negative impact from cannabis prohibition and usage. OCM, through Chapter 342, is tasked with establishing rules and policy and exercising its regulatory authority over the Minnesota cannabis industry. In its duties, OCM is mandated to: Promote public health and welfare. Protect public safety. Eliminate the illicit market for cannabis flower and cannabis products. Meet the market demand for cannabis flower and cannabis products. Promote a craft industry for cannabis flower and cannabis products. Prioritize growth and recovery in communities that have experienced a disproportionate, negative impact from cannabis prohibition. OCM governs the application and licensing process for cannabis and hemp businesses, specific requirements for each type of license and their respective business activities, and conducts enforcement and inspection activities across the Minnesota cannabis and hemp industries. Page 4 100 License Types Minnesota law allows for 13 different types of business licenses, each fulfilling a unique role in the cannabis and hemp supply chain. In addition to license types below, OCM will also issue endorsements to license holders to engage in specific activities, including producing, manufacturing, and sale of medical cannabis for patients. Microbusiness Microbusinesses may cultivate cannabis and manufacture cannabis products and hemp products, and package such products for sale to customers or another licensed cannabis business. Microbusiness may also operate a single retail location. Mezzobusiness Mezzobusinesses may cultivate cannabis and manufacture cannabis products and hemp products, and package such products for sale to customers or another licensed cannabis business. Mezzobusiness may also operate up to three retail locations. Cultivator Cultivators may cultivate cannabis and package such cannabis for sale to another licensed cannabis business. Manufacturer Manufacturers may manufacture cannabis products and hemp products, and package such products for sale to a licensed cannabis retailer. Retailer Retailers may sell immature cannabis plants and seedlings, cannabis, cannabis products, hemp products, and other products authorized by law to customers and patients. Wholesaler Wholesalers may purchase and/or sell immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products from another licensed cannabis business. Wholesalers may also import hemp-derived consumer products and lower-potency hemp edibles. Page 5 101 License Types (continued) Transporter Transporters may transport immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products to licensed cannabis businesses. Testing Facility Testing facilities may obtain and test immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products from licensed cannabis businesses. Event Organizer Event organizers may organize a temporary cannabis event lasting no more than four days. Delivery Service Delivery services may purchase cannabis, cannabis products, and hemp products from retailers or cannabis business with retail endorsements for transport and delivery to customers. Medical Cannabis Combination Business Medical cannabis combination businesses may cultivate cannabis and manufacture cannabis and hemp products, and package such products for sale to customers, patients, or another licensed cannabis business. Medical cannabis combination businesses may operate up to one retail location in each congressional district. Lower-Potency Hemp Edible Manufacturer Lower-potency hemp edible manufacturers may manufacture and package lower-potency hemp edibles for consumer sale, and sell hemp concentrate and lower-potency hemp edibles to other cannabis and hemp businesses. Lower-Potency Hemp Edible Retailer Lower-potency hemp edible retailers may sell lower-potency hemp edibles to customers. Each license is subject to further restrictions on allowable activities. Maximum cultivation area and manufacturing allowances vary by license type. Allowable product purchase, transfer, and sale between licensees are subject to restrictions in the law. Page 6 102 The Adult-Use Cannabis Law Minnesota’s new adult-use cannabis law permits the personal use, possession, and transportation of cannabis by those 21 years of age and older, and allows licensed businesses to conduct cultivation, manufacturing, transport, delivery, and sale of cannabis and cannabis products. For Individuals Possession limits: Flower - 2 oz. in public, 2 lbs. in private residence Concentrate - 8 g Edibles (including lower-potency hemp) - 800 mg THC Consumption only allowed on private property or at licensed businesses with on-site consumption endorsements. Consumption not allowed in public. Gifting cannabis to another individual over 21 years old is allowed, subject to possession limits. Home cultivation is limited to four mature and four immature plants (eight total) in a single residence. Plants must be in an enclosed and locked space. Home extraction using volatile substances (e.g., butane, ethanol) is not allowed. Unlicensed sales are not allowed. For Businesses Advertising: May not include or appeal to those under 21 years old. Must include proper warning statements. May not include misleading claims or false statements. Billboards are not allowed. The flow of all products through the supply chain must be tracked by the state-authorized tracking system. All products sold to consumers and patients must be tested for contaminants. Home delivery is allowed by licensed businesses. Page 7 103 The Cannabis Licensing Process An applicant will take the following steps to proceed from application to active licensure. As described, processes vary depending on social equity status and/or whether the type of license being sought is capped or uncapped in the general licensing process. License Preapproval: Early Mover Process for Social Equity Applicants The license preapproval process is a one-time application process available for verified social equity applicants. State law requires OCM to open the application window on July 24, 2024, and close the window on August 12, 2024. The preapproval process is available for the following license types, and all are capped in this process: microbusiness, mezzobusiness, cultivator, retailer, wholesaler, transporter, testing facility, and delivery service. Applicant’s social equity applicant (SEA) status verified. Complete application and submit application fees. Application vetted for minimum requirements by OCM. Application (if qualified) entered into lottery drawing. If selected in lottery, OCM completes background check of selected applicant and issues license preapproval. Applicant with license preapproval* submits business location and amends application accordingly. OCM forwards completed application to local government. Local government completes certification of zoning compliance. OCM conducts site inspection. When regulations are adopted, license becomes active, operations may commence. *For social equity applicants with license preapproval for microbusiness, mezzobusiness, or a cultivator license, they may begin growing cannabis plants prior to the adoption of rules if OCM receives approval from local governments in a form and manner determined by the office. This is only applicable to cultivation and does not authorize retail sales or other endorsed activities of the licenses prior to the adoption of rules. Preapproval steps: Page 8 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 104 The Cannabis Licensing Process (cont.) The general licensing process will align with the adoption of rules and OCM will share more information about the timing of general licensing process. The general licensing process includes social equity applicants and non-social equity applicants. General Licensing: Cultivator, Manufacturer, Retailer, Mezzobusiness Complete application and submit application fees. Application vetted for minimum requirements by OCM. Application (if qualified) entered into lottery drawing. If selected in lottery, OCM completes background check of selected applicant and issues preliminary approval. Applicant with preliminary approval submits business location and amends application accordingly. OCM forwards completed application to local government. Local government completes certification of zoning compliance. OCM conducts site inspection. License becomes active, operations may commence.* General Licensing: Microbusiness, Wholesaler, Transporter, Testing Facility, Event Organizer Complete application and submit application fees.1. Application vetted for minimum requirements by OCM.2. For qualified applicants, OCM completes background check of vetted applicant and issues preliminary approval. 3. Selected applicant submits business location and amends application accordingly.4. OCM forwards completed application to local government.5. Local government completes certification of zoning compliance.6. OCM conducts site inspection.7. License becomes active, operations may commence.*8. 1. 2. 3. 4. 5. 6. 7. 8. 9. *For businesses seeking a retail endorsement (microbusiness, mezzobusiness, and retailer), a valid local retail registration is required prior to the business commencing any retail sales. See Page 16 for information on the local retail registration process. Page 9 105 General Authorities Local governments in Minnesota have various means of oversight over the cannabis market, as provided by the adult-use cannabis law. Local governments may not issue outright bans on cannabis business, or limit operations in a manner beyond what is provided by state law. Cannabis Retail Restrictions (342.13) Local governments may limit the number of retailers and microbusiness/mezzobusinesses with retail endorsements allowed within their locality, as long as there is at least one retail location per 12,500 residents. Local units of government are not obligated to seek out a business to register as cannabis business if they have not been approached by any potential applicants, but cannot prohibit the establishment of a business if this population requirement is not met. Local units of government may also issue more than the minimum number of registrations. Per statutory direction, a municipal cannabis store (Page 19) cannot be included in the minimum number of registrations required. For population counts, the state demographer estimates will likely be utilized. Tribal Governments (342.13) OCM is prohibited from and will not issue state licenses to businesses in Indian Country without consent from a tribal nation. Tribal nations hold the authority to license tribal cannabis businesses on tribal lands – this process is separate than OCM’s licensing process and authority. Subject to compacting, Tribal nations may operate cannabis businesses off tribal lands. There will be more information available once the compacting processes are complete. Taxes (295.81; 295.82) Retail sales of taxable cannabis products are subject to the state and local sales and use tax and a 10% gross receipts tax. Cannabis gross receipts tax proceeds are allocated as follows: 20% to the local government cannabis aid account and 80% to the state general fund. Local taxes imposed solely on sale of cannabis products are prohibited. Cannabis retailers will be subject to the same real property tax classification as all other retail businesses. Real property used for raising, cultivating, processing, or storing cannabis plants, cannabis flower, or cannabis products for sale will be classified as commercial and industrial property. Page 10 106 General Authorities (cont.) Retail Timing Restrictions (342.13) Local governments may prohibit retail sales of cannabis between the hours of 8 a.m. and 10 a.m. Monday-Saturday, and 9 p.m. and 2 a.m. the following day. Operating Multiple Locations with One License Certain cannabis licenses allow for multiple retail locations to be operated under a single license, with the following limitations: Retailers: up to five retail locations. Mezzobusinesses: up to three retail locations. Microbusinesses: up to one retail location. Medical cannabis combination businesses: one retail location per congressional district. Additionally, medical cannabis combination businesses may cultivate at more than one location within other limitations on cultivation. For all other license types, one license permits the operation of one location. Each retail location requires local certification and/or registration. Page 11 107 Zoning and Land Use Buffer Guidelines (342.13) State law does not restrict how a local government conducts its zoning designations for cannabis businesses, except that they may prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including playgrounds and athletic fields. Zoning Guidelines While each locality conducts its zoning differently, a few themes have emerged across the country. For example, cannabis manufacturing facilities are often placed in industrial zones, while cannabis retailers are typically found in commercial/retail zones. Cannabis retail facilities align with general retail establishments and are prohibited from allowing consumption or use onsite, and are also required to have plans to prevent the visibility of cannabis and hemp-derived products to individuals outside the retail location. Industrial hemp is an agricultural product, and should be zoned as such. Cannabis businesses should be zoned under existing zoning ordinances in accordance with the license type or endorsed activities held by the cannabis business. Note that certain types of licenses may be able to perform multiple activities which may have different zoning analogues. In the same way municipalities may zone a microbrewery that predominately sells directly to onsite consumers differently than a microbrewery that sells packaged beer to retailers and restaurants, so too might a municipality wish to zone two microbusinesses based on the actual activities that each business is undertaking. Table 1, included on Pages 13 and 14, explains the types of activities that cannabis businesses might undertake, as well as, some recommended existing zoning categories. Page 12 108 Endorsed Activity License Type Eligible to Do Endorsed Activity Description of Activity Comparable Districts Municipal Considerations Cultivation Cultivator Mezzobusiness Microbusiness Medical Cannabis Combination "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts. Indoor: Industrial, Commercial, Production Outdoor: Agricultural Odor Potential need for transportation from facility Waste, water, and energy usage Security Cannabis Manufacturing, Processing, Extraction Manufacturer Mezzobusiness Microbusiness Medical Cannabis Combination This group of endorsed activities turn raw, dried cannabis and cannabis parts into other types of cannabis products, e.g. edibles or topicals. Industrial, Commercial, Production Odor Potential need for transportation from facility Waste, water, and energy usage Security Hemp Manufacturing Lower-Potency Hemp Edible (LPHE) Manufacturing These business convert hemp into LPHE edible prodcuts. Industrial, Commercial, Production Odor Waste, water, and energy Wholesale Wholesale Cultivator Manufacturer Mezzobusiness Microbusiness Medical Cannabis Combination This activity and license type allows a business to purchase from a business growing or manufacturing cannabis or cannabis products and sell to a cannabis business engaged in retail. Industrial, Commercial, Production Need for transportation from facility Security Page 13 Zoning and Land Use (cont.) Table 1: Cannabis and Hemp Business Activities 109 Page 14 Endorsed Activity License Type Eligible to Do Endorsed Activity Description of Activity Comparable Districts Municipal Considerations Cannabis Retail Retailer Mezzobusiness Microbusiness Medical Cannabis Combination This endorsed activity and license types allow a business to sell cannabis and cannabis products directly to consumers. Retail, Neighborhood Shopping Districts, Light Industrial, Existing districts where off-sale liquor or tobacco sales are allowed. Micros may offer onsite consumption, similar to breweries. Micros and Mezzos may include multiple activities: cultivation, manufacture, and/or retail. Transportation Cannabis Transporter This license type allows a company to transport products from one license type to another. Fleet based business that will own multiple vehicles, but not necessarily hold a substantial amount of cannabis or cannabis products. Delivery Cannabis Delivery This license type allows for transportation to the end consumer. Fleet based business that will own multiple vehicles, but not necessarily hold a substantial amount of cannabis or cannabis products. Events Event Organizer This license entitles license holder to organizer a temporary event lasting no more than four days. Anywhere that the city permits events to occur, subject to other restrictions related to cannabis use. On site consumption. Retail sales by a licensed or endorsed retail business possible. Zoning and Land Use (cont.) Table 1: Cannabis and Hemp Business Activities (continued) 110 Local Approval Process Local governments play a critical role in the licensing process, serving as a near-final approval check on cannabis businesses nearing the awarding of a state license for operations. Once an applicant has been vetted by OCM and is selected for proceeding in the verification process, they are then required to receive the local government’s certification of zoning compliance and/or local retail registration before operations may commence. Local Certification of Zoning Compliance (342.13; 342.14) Following OCM’s vetting process, local governments must certify that the applicant with preliminary approval has achieved compliance with local zoning ordinances prior to the licensee receiving final approval from OCM to commence operations. During the application and licensing process for cannabis businesses, OCM will notify a local government when an applicant intends to operate within their jurisdiction and request a certification as to whether a proposed cannabis business complies with local zoning ordinances, and if applicable, whether the proposed business complies with state fire code and building code. According to Minnesota’s cannabis law, a local unit of government has 30 days to respond to this request for certification of compliance. If a local government does not respond to OCM’s request for certification of compliance within the 30 days, the cannabis law allows OCM to issue a license. OCM may not issue the final approval for a license if the local government has indicated they are not in compliance. OCM will work with local governments to access the licensing software system to complete this zoning certification process. Page 15 111 Local Approval Process (cont.) Local Retail Registration Process (342.22) Once the licensing process begins, local government registration applies to cannabis retailers or other cannabis/hemp businesses seeking a retail endorsement. Local governments must issue a retail registration after verifying that: The business has a valid license or license preapproval issued by OCM. The business has paid a registration fee or renewal fee to the local government; Initial registration fees collected by a local government may be $500 or half the amount of the applicable initial license fee, whichever is less, and renewal registration fees may be $1,000 or half the amount of the applicable renewal license fee, whichever is less. The business is found to be in compliance with Chapter 342 and local ordinances. If applicable, the business is current on all property taxes and assessments for the proposed retail location. Local registrations may also be issued by counties if the respective local government transfers such authorities to the county. Determining a Process for Limiting Retail Registrations If a local government wishes to place a limitation on the number of retailers and microbusiness/mezzobusinesses with retail endorsements allowed within their locality (as long as there is at least one retail location per 12,500 residents, see Page 10), state law does not define the process for a local government’s selection if there are more applicants than registrations available. A few options for this process include the use of a lottery, a first-come/first-serve model, a rolling basis, and others. Local governments should work with an attorney to determine their specific process for selection if they wish to limit the number of licensed cannabis retailers per 342.13. Local governments are not required to limit the number of licensed cannabis retailers. Page 16 112 Local Approval Process (cont.) Local governments are permitted specific authorities for registration refusal and registration suspension, in addition to—and not in conflict with—OCM authorities. Registration and Renewal Refusals Local governments may refuse the registration and/or certification of a license renewal if the license is associated with an individual or business who no longer holds a valid license, has failed to pay the local registration or renewal fee, or has been found in noncompliance in connection with a preliminary or renewal compliance check. Local Registration Suspension (342.22) Local governments may suspend the local retail registration of a cannabis business or hemp business if the business is determined to not be operating in compliance with a local ordinance authorized by 342.13 or if the operation of the business poses an immediate threat to the health and safety of the public. The local government must immediately notify OCM of the suspension if it occurs. OCM will review the suspension and may reinstate the registration or take enforcement action. Expedited Complaint Process (342.13) Per state law, OCM will establish an expedited complaint process during the rulemaking process to receive, review, read, and respond to complaints made by a local unit of government about a cannabis business. Upon promulgation of rules, OCM will publish the complaint process. At a minimum, the expedited complaint process shall require the office to provide an initial response to the complaint within seven days and perform any necessary inspections within 30 days. Within this process, if a local government notifies OCM that a cannabis business poses an immediate threat to the health or safety of the public, the office must respond within one business day. Page 17 113 Inspections & Compliance Checks Local governments are permitted specific business inspection and compliance check authorities, in addition to—and not in conflict with—OCM authorities. Inspections and Compliance Checks (342.22) Local governments must conduct compliance checks for cannabis and hemp businesses holding retail registration at least once per calendar year. These compliance checks must verify compliance with age verification procedures and compliance with any applicable local ordinance established pursuant to 342.13. OCM maintains inspection authorities for all cannabis licenses to verify compliance with operation requirements, product limits, and other applicable requirements of Chapter 342. Page 18 114 Municipal Cannabis Stores State law requires OCM issue a license to a city or county seeking to operate a single municipal cannabis store if the city or county: As authorized in Chapter 342.32, local governments are permitted to apply for a cannabis retail license to establish and operate a municipal cannabis store. Submits required application information to OCM, Meets minimum requirements for licensure, and Pays applicable application and license fee. A municipal cannabis store will not be included in the total count of retail licenses issued by the state under Chapter 342. A municipal cannabis store cannot be counted as retail registration for purposes of determining whether a municipality’s cap on retail registrations imposed by ordinance. Page 19 115 Creating Your Local Ordinance Local governments may not prohibit the possession, transportation, or use of cannabis, or the establishment or operation of a cannabis business licensed under state law. Local governments may adopt reasonable restrictions on the time, place, and manner of cannabis business operations (see Page 11). Local governments may adopt interim ordinances to protect public safety and welfare, as any studies and/or further considerations on local cannabis activities are being conducted, until January 1, 2025. A public hearing must be held prior to adoption of an interim ordinance. If your local government wishes to operate a municipal cannabis store, the establishment and operation of such a facility must be considered in a local ordinance. As authorized in 342.13, a local government may adopt a local ordinance regarding cannabis businesses. Establishing local governments’ ordinances on cannabis businesses in a timely manner is critical for the ability for local cities or towns to establish local control as described in the law, and is necessary for the success of the statewide industry and the ability of local governments to protect public health and safety. The cannabis market’s potential to create jobs, generate revenue, and contribute to economic development at the local and state level is supported through local ordinance work. The issuance of local certifications and registrations to prospective cannabis businesses is also dependent on local ordinances. Model Ordinance For additional guidance regarding the creation of a cannabis related ordinance, please reference the addendum in this packet. Page 20 116 Additional Resources OCM Toolkit for Local Partners Please visit OCM webpage (mn.gov/ocm/local-governments/) for additional information, including a toolkit of resources developed specifically for local government partners. The webpage will be updated as additional information becomes available and as state regulations are adopted. These resources are also included in the addendum of this packet. Toolkit resources include: Appendix A: Model Ordinance Appendix B: Hemp Flower and Hemp-Derived Cannabinoid Product Checklist Appendix C: Enforcement Notice from the Office of Cannabis Management Appendix D: Notice to Unlawful Cannabis Sellers Local Organizations There are several organizations who also have developed resources to support local governments regarding the cannabis industry. Please feel free to contact the following for additional resources: League of Minnesota Cities Association of Minnesota Counties Minnesota Public Health Law Center Page 21 117 Appendix A: Model Ordinance 118 Cannabis Model Ordinance The following model ordinance is meant to be used as a resource for cities, counties, and townships within Minnesota. The italicized text in red is meant to provide commentary and notes to jurisdictions considering using this ordinance and should be removed from any ordinance formally adopted by said jurisdiction. Certain items are not required to be included in the adopted ordinance: ‘OR’ and (optional) are placed throughout for areas where a jurisdiction may want to consider one or more choices on language. Section 1 Administration Section 2 Registration of Cannabis Business Section 3 Requirements for a Cannabis Business (Time, Place, Manner) Section 4 Temporary Cannabis Events Section 5 Lower Potency Hemp Edibles Section 6 Local Government as a Retailer Section 7 Use of Cannabis in Public AN ORDINANCE OF THE (CITY/COUNTY OF ______) TO REGULATE CANNABIS BUSINESSES The (city council/town board/county board) of (city/town/county) hereby ordains: Section 1. Administration 1.1 Findings and Purpose (insert local authority) makes the following legislative findings: The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes (insert local authority) to protect the public health, safety, welfare of (insert local here) residents by regulating cannabis businesses within the legal boundaries of (insert local here). (insert local authority) finds and concludes that the proposed provisions are appropriate and lawful land use regulations for (insert local here), that the proposed amendments will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good. 1.2 Authority & Jurisdiction A county can adopt an ordinance that applies to unincorporated areas and cities that have delegated authority to impose local zoning controls. (insert local authority) has the authority to adopt this ordinance pursuant to: a) Minn. Stat. 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of 119 a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. b) Minn. Stat. 342.22, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses. c) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places. d) Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning ordinances. Ordinance shall be applicable to the legal boundaries of (insert local here). (Optional) (insert city here) has delegated cannabis retail registration authority to (insert county here). However, (insert city here) may adopt ordinances under Sections (2.6, 3 and 4) if (insert county here) has not adopted conflicting provisions. 1.3 Severability If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. 1.4 Enforcement The elected body of a jurisdiction can choose to designate an official to administer and enforce this ordinance. The (insert name of local government or designated official) is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in this ordinance. 1.5 Definitions 1. Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this ordinance. 2. Cannabis Cultivation: A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant. harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office. 3. Cannabis Retail Businesses: A retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, (and/excluding) lower-potency hemp edible retailers. 120 4. Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. 5. Daycare: A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. 6. Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50. 7. Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to as “OCM” in this ordinance. 8. Place of Public Accommodation: A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public. 9. Preliminary License Approval: OCM pre-approval for a cannabis business license for applicants who qualify under Minn. Stat. 342.17. 10. Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation. 11. Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23. 12. Retail Registration: An approved registration issued by the (insert local here) to a state- licensed cannabis retail business. 13. School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. 120A.24. 14. State License: An approved license issued by the State of Minnesota’s Office of Cannabis Management to a cannabis retail business. Section 2. Registration of Cannabis Businesses A city or town can delegate authority for registration to the County. A city or town can still adopt specific requirement regarding zoning, buffers, and use in public places, provided said requirements are not in conflict with an ordinance adopted under the delegated authority granted to the County. 2.1 Consent to registering of Cannabis Businesses No individual or entity may operate a state-licensed cannabis retail business within (insert local here ) without first registering with (insert local here). Any state-licensed cannabis retail business that sells to a customer or patient without valid retail registration shall incur a civil penalty of (up to $2,000) for each violation. Notwithstanding the foregoing provisions, the state shall not issue a license to any cannabis business to operate in Indian country, as defined in United States Code, title 18, section 1151, of a Minnesota Tribal government without the consent of the Tribal government. 121 2.2 Compliance Checks Prior to Retail Registration A jurisdiction can choose to conduct a preliminary compliance check prior to issuance of retail registration. Prior to issuance of a cannabis retail business registration, (insert local here) (shall/shall not) conduct a preliminary compliance check to ensure compliance with local ordinances. Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license application from OCM, (insert local here) shall certify on a form provided by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the state fire code and building code. 2.3 Registration & Application Procedure 2.3.1 Fees. (insert local here) shall not charge an application fee. A registration fee, as established in (insert local here )’s fee schedule, shall be charged to applicants depending on the type of retail business license applied for. An initial retail registration fee shall not exceed $500 or half the amount of an initial state license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee shall include the initial retail registration fee and the first annual renewal fee. Any renewal retail registration fee imposed by (insert local here) shall be charged at the time of the second renewal and each subsequent renewal thereafter. A renewal retail registration fee shall not exceed $1,000 or half the amount of a renewal state license fee under Minn. Stat. 342.11, whichever is less. A medical combination business operating an adult-use retail location may only be charged a single registration fee, not to exceed the lesser of a single retail registration fee, defined under this section, of the adult-use retail business. 2.3.2 Application Submittal. The (insert local here) shall issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. 342.22. (A) An applicant for a retail registration shall fill out an application form, as provided by the (insert local here). Said form shall include, but is not limited to: i. Full name of the property owner and applicant; ii. Address, email address, and telephone number of the applicant; iii. The address and parcel ID for the property which the retail registration is sought; iv. Certification that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. 342.13. v. (Insert additional standards here) (B) The applicant shall include with the form: 122 i. the application fee as required in [Section 2.3.1]; ii. a copy of a valid state license or written notice of OCM license preapproval; iii. (Insert additional standards here) (C) Once an application is considered complete, the (insert local government designee) shall inform the applicant as such, process the application fees, and forward the application to the (insert staff/department, or elected body that will approve or deny the request) for approval or denial. (D) The application fee shall be non-refundable once processed. 2.3.3 Application Approval (A) (Optional) A state-licensed cannabis retail business application shall not be approved if the cannabis retail business would exceed the maximum number of registered cannabis retail businesses permitted under Section 2.6. (B) A state-licensed cannabis retail business application shall not be approved or renewed if the applicant is unable to meet the requirements of this ordinance. (C) A state-licensed cannabis retail business application that meets the requirements of this ordinance shall be approved. 2.3.4 Annual Compliance Checks. The (insert local here) shall complete at minimum one compliance check per calendar year of every cannabis business to assess if the business meets age verification requirements, as required under [Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat. 342.24] and this/these [chapter/section/ordinances]. The (insert local here ) shall conduct at minimum one unannounced age verification compliance check at least once per calendar year. Age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer or an employee of the local unit of government. Any failures under this section must be reported to the Office of Cannabis Management. 2.3.5 Location Change A jurisdiction may decide to treat location changes as a new registration, or alternatively treat a location change as allowable subject to compliance with the rest of the registration process. A state-licensed cannabis retail business shall be required to submit a new application for registration under Section 2.3.2 if it seeks to move to a new location still within the legal boundaries of (insert local here). 123 or If a state-licensed cannabis retail business seeks to move to a new location still within the legal boundaries of (insert local here), it shall notify (insert local here) of the proposed location change, and submit necessary information to meet all the criteria in this paragraph. 2.4 Renewal of Registration The (insert local here) shall renew an annual registration of a state-licensed cannabis retail business at the same time OCM renews the cannabis retail business’ license. A state-licensed cannabis retail business shall apply to renew registration on a form established by (insert local here). A cannabis retail registration issued under this ordinance shall not be transferred. 2.4.1 Renewal Fees. The (insert local here) may charge a renewal fee for the registration starting at the second renewal, as established in (insert local here)’s fee schedule. 2.4.2 Renewal Application. The application for renewal of a retail registration shall include, but is not limited to: • Items required under Section 2.3.2 of this Ordinance. • Insert additional items here 2.5 Suspension of Registration 2.5.1 When Suspension is Warranted. The (insert local here) may suspend a cannabis retail business’s registration if it violates the ordinance of (insert local here) or poses an immediate threat to the health or safety of the public. The (insert local here) shall immediately notify the cannabis retail business in writing the grounds for the suspension. 2.5.2 Notification to OCM. The (insert local here) shall immediately notify the OCM in writing the grounds for the suspension. OCM will provide (insert local here) and cannabis business retailer a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days. 2.5.3 Length of Suspension. A jurisdiction can wait for a determination from the OCM before reinstating a registration. The suspension of a cannabis retail business registration may be for up to 30 calendar days, unless OCM suspends the license for a longer period. The business may not make sales to customers if their registration is suspended. 124 The (insert local here ) may reinstate a registration if it determines that the violations have been resolved. The (insert local here) shall reinstate a registration if OCM determines that the violation(s) have been resolved. 2.5.4 Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the (insert local here) may impose a civil penalty, as specified in the (insert local here)’s Fee Schedule, for registration violations, not to exceed $2,000. 2.6 Limiting of Registrations A jurisdiction may choose to set a limit on the number of retail registrations within its boundaries. The jurisdiction may not however, limit the number of registrations to fewer than one per 12,500 residents. (Optional) The (insert local here) shall limit the number of cannabis retail businesses to no fewer than one registration for every 12,500 residents within (insert local legal boundaries here). (Optional) If (insert county here) has one active cannabis retail businesses registration for every 12,500 residents, the (insert local here) shall not be required to register additional state-licensed cannabis retail businesses. (Optional) The (insert local here) shall limit the number of cannabis retail businesses to (insert number <= minimum required). Section 3. Requirements for Cannabis Businesses State Statutes note that jurisdictions may “adopt reasonable restrictions on the time, place, and manner of the operation of a cannabis business.” A jurisdiction considering other siting requirements (such as a buffer between cannabis businesses, or a buffer from churches) should consider whether there is a basis to adopt such restrictions. 3.1 Minimum Buffer Requirements A jurisdiction can adopt buffer requirements that prohibit the operation of a cannabis business within a certain distance of schools, daycares, residential treatment facilities, or from an attraction within a public park that is regularly used by minors, including a playground or athletic field. Buffer requirements are optional. A jurisdiction cannot adopt larger buffer requirements than the requirements here in Section 3.1. A jurisdiction should use a measuring system consistent with the rest of its ordinances, e.g. from lot line or center point of lot. (Optional) The (insert local here) shall prohibit the operation of a cannabis business within [0-1,000] feet of a school. 125 (Optional) The (insert local here) shall prohibit the operation of a cannabis business within [0-500] feet of a day care. (Optional) The (insert local here) shall prohibit the operation of a cannabis business within [0-500] feet of a residential treatment facility. (Optional) The (insert local here) shall prohibit the operation of a cannabis business within [0-500] feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. (Optional) The (insert local here) shall prohibit the operation of a cannabis retail business within [X] feet of another cannabis retail business. Pursuant to Minn. Stat. 462.367 subd. 14, nothing in Section 3.1 shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a (school/daycare/residential treatment facility/attraction within a public park that is regularly used by minors) moves within the minimum buffer zone. 3.2 Zoning and Land Use For jurisdictions with zoning, said jurisdiction can limit what zone(s) Cannabis businesses can operate in. As with other uses in a Zoning Ordinance, a jurisdiction can also determine if such use requires a Conditional or Interim Use permit. A jurisdiction cannot outright prohibit a cannabis business. A jurisdiction should amend their Zoning Ordinance and list what zone(s) Cannabis businesses are permitted in, and whether they are permitted, conditional, or interim uses. While each locality conducts its zoning differently, a few themes have emerged across the country. For example, cannabis manufacturing facilities are often placed in industrial zones, while cannabis retailers are typically found in commercial/retail zones. Cannabis retail facilities align with general retail establishments and are prohibited from allowing consumption or use onsite and are also required to have plans to prevent the visibility of cannabis and hemp-derived products to individuals outside the retail location. Cannabis businesses should be zoned under existing zoning ordinances in accordance with the license type or endorsed activities held by the cannabis business. 3.2.1. Cultivation. Cannabis businesses licensed or endorsed for cultivation are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 3.2.1. Cannabis Manufacturer. Cannabis businesses licensed or endorsed for cannabis manufacturer are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 126 3.2.1. Hemp Manufacturer. Businesses licensed or endorsed for low-potency hemp edible manufacturers permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 3.2.1. Wholesale. Cannabis businesses licensed or endorsed for wholesale are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 3.2.1. Cannabis Retail. Cannabis businesses licensed or endorsed for cannabis retail are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 3.2.1. Cannabis Transportation. Cannabis businesses licensed or endorsed for transportation are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 3.2.1. Cannabis Delivery. Cannabis businesses licensed or endorsed for delivery are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 3.3 Hours of Operation A jurisdiction may adopt an ordinance limiting hours of operation between 10 a.m. and 9 p.m., seven days a week, and that State statute prohibits the sale of cannabis between 2 a.m. and 8 a.m., Monday through Saturday, and between 2 a.m. and 10 a.m. on Sundays. (Optional) Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of (insert time here) and (insert time here). 3.4 (Optional) Advertising Cannabis businesses are permitted to erect up to two fixed signs on the exterior of the building or property of the business, unless otherwise limited by (insert local here)’s sign ordinances. 127 Section 4. Temporary Cannabis Events Any individual or business seeking to obtain a cannabis event license must provide OCM information about the time, location, layout, number of business participants, and hours of operation. A cannabis event organizer must receive local approval, including obtaining any necessary permits or licenses issued by a local unit of government before holding a cannabis event. 4.1 License or Permit Required for Temporary Cannabis Events 4.1.1 License Required. A cannabis event organizer license entitles the license holder to organize a temporary cannabis event lasting no more than four days. A jurisdiction should determine what type of approval is consistent with their existing ordinances for events. A license or permit is required to be issued and approved by (insert local here) prior to holding a Temporary Cannabis Event. 4.1.2 Registration & Application Procedure A registration fee, as established in (insert local here)’s fee schedule, shall be charged to applicants for Temporary Cannabis Events. 4.1.3 Application Submittal & Review. The (insert local here) shall require an application for Temporary Cannabis Events. (A) An applicant for a retail registration shall fill out an application form, as provided by the (insert local here). Said form shall include, but is not limited to: i. Full name of the property owner and applicant; ii. Address, email address, and telephone number of the applicant; iii. (Insert additional standards here) (B) The applicant shall include with the form: i. the application fee as required in (Section 4.1.2); ii. a copy of the OCM cannabis event license application, submitted pursuant to 342.39 subd. 2. The application shall be submitted to the (insert local authority), or other designee for review. If the designee determines that a submitted application is incomplete, they shall return the application to the applicant with the notice of deficiencies. (C) Once an application is considered complete, the designee shall inform the applicant as such, process the application fees, and forward the application to the (insert staff/department, or elected body that will approve or deny the request) for approval or denial. (D) The application fee shall be non-refundable once processed. (E) The application for a license for a Temporary Cannabis Event shall meet the following standards: 128 A jurisdiction may establish standards for Temporary cannabis events which the event organizer must meet, including restricting or prohibiting any on-site consumption. If there are public health, safety, or welfare concerns associated with a proposed cannabis event, a jurisdiction would presumably be authorized to deny approval of that event. • Insert standards here (G) A request for a Temporary Cannabis Event that meets the requirements of this Section shall be approved. (H) A request for a Temporary Cannabis Event that does not meet the requirements of this Section shall be denied. The (insert city/town/county) shall notify the applicant of the standards not met and basis for denial. (Optional) Temporary cannabis events shall only be held at (insert local place). (Optional) Temporary cannabis events shall only be held between the hours of (insert start time) and (insert stop time). Section 5. (Optional) Lower-Potency Hemp Edibles A jurisdiction can establish different standards or requirements regarding Low-Potency Edibles. A jurisdiction can consider including the following section and subsections in their cannabis ordinance. 5.1 Sale of Low-Potency Hemp Edibles The sale of Low-Potency Edibles is permitted, subject to the conditions within this Section. 5.2 Zoning Districts If sales are permitted, a jurisdiction can limit what zone(s) the sales of Low-Potency Edibles can take place in. A jurisdiction can also determine if such activity requires a Conditional or Interim Use permit. Low-Potency Edibles businesses are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 5.3 (Optional) Additional Standards 5.3.1 Sales within Municipal Liquor Store. A jurisdiction that already operates a Municipal Liquor Store may sell Low-Potency Edibles within the same store. The sale of Low-Potency Edibles is permitted in a Municipal Liquor Store. 5.3.2 Age Requirements. A jurisdiction is able to restrict the sale of Low-Potency Edibles to locations such as bars. 129 The sale of Low-Potency Edibles is permitted only in places that admit persons 21 years of age or older. 5.3.3 Beverages. The sale of Low-Potency Hemp Beverages is permitted in places that meet requirements of this Section. 5.3.4 Storage of Product. A jurisdiction is able to set requirements on storage and sales of Low-Potency Edibles. Low-Potency Edibles shall be sold behind a counter, and stored in a locked case. Section 6. (Optional) Local Government as a Cannabis Retailer (insert local here) may establish, own, and operate one municipal cannabis retail business subject to the restrictions in this chapter. The municipal cannabis retail store shall not be included in any limitation of the number of registered cannabis retail businesses under Section 2.6. (insert local here) shall be subject to all same rental license requirements and procedures applicable to all other applicants. Section 7 Use in Public Places No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place or a place of public accommodation unless the premises is an establishment or an event licensed to permit on-site consumption of adult-use. 130 Appendix B: Hemp Flower and Hemp- Derived Cannabinoid Product Checklist 131 Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 1 Office of Cannabis Management Department of Health Hemp Flower and Hemp-Derived Cannabinoid Product Checklist Minnesota Statute 18K.02, Definitions Minnesota Statute 152.01, Subdivision 9 Minnesota Statute 151.72, Sale of Certain Cannabinoid Products Minnesota Statute 152.0264, Cannabis Sale Crimes Minnesota Statute 342.09, Personal Adult Use of Cannabis Question Yes No Comments Additional Information Business License and Registration Compliance Is the business registered with the Minnesota Department of Health? All businesses selling hemp-derived cannabinoid products must be registered. See Hemp-Derived Cannabinoid Products (www.health.state.mn.us/people/cannabis/edibles/index.html) If the business offers on-site consumption, do they have a liquor license? Local authorities issue on-site consumption licenses. These are required for all businesses permitting on-site consumption of THC. Product Compliance – All Products Does the business ensure that all sales are made to persons 21 years old or older? Only persons 21 years of age or older may purchase hemp- derived cannabinoid products, with the exception of topicals. These products may be sold to anyone. Does the business have all edible cannabinoid products, except beverages, behind the counter or in a locked cabinet? Businesses must ensure all edible cannabinoid products are secure and inaccessible to customers. 132 Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 2 Question Yes No Comments Additional Information Only delta-8 and delta-9 are allowed for human consumption. Does the business sell edibles or beverages with any other intoxicating cannabinoids? MDH has identified products containing many different intoxicating cannabinoids, such as HHC, THC-O, THC-P, PHC, delta-10, delta-11, delta-8p, delta-9p, etc. The product must contain only delta-8 and/or delta-9. Does the business sell any edible products that are similar to a product marketed to or consumed by children? Edible products that appear similar to candy or snacks marketed toward or consumed by children are not allowed. Does the label on the edible or beverage state “Keep out of reach of children”? All products must include the warning label “Keep out of reach of children.” Is the manufacturer’s name, address, website, and contact phone number included on the label or provided through a QR code? If not, the product is not in compliance. Does the QR code on the product bring the user to a Certificate of Analysis on the website, which includes the name of the independent testing laboratory, cannabinoid profile, and product batch number? All products must be tested by batch in an independent, accredited laboratory. The results must include the cannabinoid profile. Does the label on the product indicate the cannabinoids by serving and in total? The label must indicate the potency by individual serving as well as in total. 133 Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 3 Question Yes No Comments Additional Information Does the label on the product make any claim the product offers any kind of health benefit? Health claims are not permitted on hemp or cannabis products unless approved by the FDA. At this time, there is not an approved statement. Does the label on the product state that the product does not claim to diagnose, treat, cure or prevent any disease? The manufacturer cannot claim the product will provide any health benefit unless the product has been formally approved by the FDA. Does the business sell CBD (or other forms of cannabidiol) in the form of a softgel, tablet, or tincture? Non-intoxicating cannabinoids may only be sold in the form of an edible, beverage, or topical. Therefore, softgels and tablets cannot be sold. Tinctures must be labeled as either an edible or beverage and comply with the edible or beverage requirements. Product Compliance – Edibles Does the edible product contain more than 5 mg delta-8 and/or delta-9 per serving? Edibles may not exceed 5 mg delta-8 and/or delta-9 per serving. Does the edible product package/container contain more than 50 mg total THC (delta-8 and/or delta-9)? Edibles may not exceed 50 mg total delta-8 or delta-9 per package. The edible cannot contain any other form of THC or intoxicating cannabinoid. Are all the edible product’s servings clearly marked, wrapped, or scored on the product? Edible product servings must be clearly distinguished on the product. Bulk products that require the consumer to measure are not allowed. 134 Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 4 Question Yes No Comments Additional Information Does the business sell any edible products in the shape of bears, worms, fruits, rings, ribbons? Edibles in shapes that appeal to children are not allowed. Is the edible product in a child- proof, tamper-evident, opaque container? All edibles must be in a container that is child-resistant and tamper evident. If the container is clear, the business must place the edible into an opaque bag at the point of sale. Clear bags are not allowed. Product Compliance - Beverages Does the beverage product contain more than 5 mg delta-8 or delta-9 per serving? Beverages may not exceed 5 mg delta-8 and/or delta-9 per serving. Does the beverage product contain more than 2 servings? Beverages cannot exceed two servings, regardless of the THC potency. Is the beverage product in an opaque container? If the beverage is in a clear container, the business must place the beverage in an opaque bag at the point of sale. Product Compliance – Smokables (non-flower) Does the business sell vapes, pre- rolls, dabs, or other smokable products which contain more than 0.3% THC? A product’s certificate of analysis will show the concentration of THC the product contains. The certificate typically is found through the QR code on the product package. In MDH’s experience, most vapes contain 50% - 90%+ THC. Pre-rolls may consist of raw hemp flower. These products are not regulated by 151.72. However, if a pre-roll is labeled as “infused” or “coated” have additional cannabinoids applied to the material, of which the product typically exceeds the 0.3% THC limit. 135 Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 5 Question Yes No Comments Additional Information Does the business sell vapes, pre- rolls, dabs, or other smokeable products that contain other intoxicating cannabinoids, such as HHC? MN Statutes do not allow any cannabinoid, other than delta-8 or delta-9, to be sold if the cannabinoid is intended to alter the structure or function of the body. HHC is a cannabinoid known to have potency greater than THC. Does the business sell vapes, pre- rolls, dabs, or other smokable products which contain CBD? Non-intoxicating cannabinoids cannot be smoked, vaped, or inhaled. Product Compliance – Flower Does the business sell raw hemp flower? Raw hemp flower must contain 0.3% or less of delta-9 on a dry weight basis. Products exceeding 0.3% delta-9 dry weight are marijuana, and are illegal for sale. THC-A is the non psychoactive precursor to delta-9. Once heated THC-A converts to delta-9. In that process some amount of THC-A is lost. To determine whether, once heated, the hemp flower will exceed the allowable 0.3% of delta-9, one can use a decarboxylation formula which takes into account the conversion of THC-A into delta-9. That formula is as follows: Total THC = (0.877 X THC-A) + d-9 THC) Raw flower must include a certificate of analysis to show testing below 0.3% delta-9. • A lack of a certificate of analysis would constitute an illegal sale. 136 Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 6 Question Yes No Comments Additional Information • A certificate of analysis showing that under the decarboxylation formula that delta-9 would exceed the 0.3% threshold would also indicate the flower is cannabis and not hemp and therefore being sold illegally. Product Compliance – On-Site Consumption If the business offers on-site consumption, do they serve the edible or beverage in its original packaging? The business may not pour out or remove an edible from its original packaging. If the business offers on-site consumption, do they mix a cannabis-infused beverage with alcohol? The business may not mix cannabis-infused products with alcohol. If the business offers on-site consumption, do they permit customers to remove from the premises products which have been removed from their original packaging? Products which have been removed from their original packaging cannot be removed from the premises by the customer. NOTE: If a person suspects that a hemp-derived cannabinoid product is being sold in violation of Minnesota law, they can use the complaint form at Submitting Hemp-Derived Cannabinoid Product Complaints (www.health.state.mn.us/people/cannabis/edibles/complaints.html). 137 Appendix C: Enforcement Notice from the Office of Cannabis Management 138 Enforcement Notice 1 Enforcement Notice from the Office of Cannabis Management Dear Registered Hemp Derived Cannabinoid Business: The Office of Cannabis Management (OCM), established in 2023, is charged with developing and implementing the operational and regulatory systems to oversee the cannabis industry in Minnesota as provided in Minnesota Statutes Chapter 342. When Minnesota legalized the sale of adult-use of cannabis flower, cannabis products, and lower-potency hemp edibles/ hemp-derived consumer products, the Minnesota Legislature included statutory provisions, Minnesota Statutes, chapter 152.0264, making the sale of cannabis illegal until a business is licensed by OCM. The Office of Cannabis Management has not yet issued licenses for the cultivation, manufacture, wholesale, transportation or retail sale of cannabis, therefore any retail sales of cannabis products, including cannabis flower, are illegal. The Office of Cannabis Management has received complaints of retailers selling cannabis flower under the label of hemp flower. Under an agreement between The Minnesota Department of Health (MDH) and OCM, inspectors from MDH will begin to examine any flower products being sold during their regular inspections to determine whether they are indeed hemp flower or cannabis flower. In distinguishing between hemp and cannabis flower, OCM, consistent with federal rules and regulations related to hemp under 7 CFR 990.1, will consider the total concentration of THC post- decarboxylation, which is the process by which THC-A is converted into Delta-9 to produce an intoxicating effect. The examination of raw flower products will include reviewing the certificate of analysis for compliance in several areas, including: Compliance with the requirement that raw flower listed for sale includes a Certificate of Analysis (COA). Products for sale without a COA will constitute an illegal sale. A COA that affirms concentrations of 0.3% or less of Delta-9 on a dry weight basis. Products exceeding 0.3% Delta-9 dry weight are considered marijuana and are therefore illegal to sell. A COA that confirms that the total levels of Delta-9 and THC-A after the decarboxylation process do not exceed 0.3%. A COA that indicates the raw flower will exceed 0.3 percent Delta-9 post-decarboxylation, or a subsequent test conducted by an independent laboratory utilized by OCM that confirms Delta-9 in excess of 0.3 percent will be considered illegal. Minnesota Statutes, Chapter 342 governs Minnesota’s cannabis market, and empowers OCM to ensure regulatory compliance. Minnesota Statutes, chapter 342.09, subdivision 4 prohibits the retail sale of cannabis flower and cannabis products “without a license issued under this chapter that authorizes the sale.” 139 Enforcement Notice 2 To date, the Office of Cannabis Management has not issued any cannabis licenses, applications for licenses are expected to be available in the first half of 2025. As such, selling cannabis is a clear violation of law. Be aware that under Minnesota Statutes, 342.09, subdivision 6, OCM may assess fines in excess of a $1 million for violations of this law. Likewise, under Minnesota Statutes, chapter 342.19, OCM is empowered to embargo any product that it has “probable cause to believe . . . is being distributed in violation of this chapter or rules adopted under this chapter[.]” Furthermore, violations of law may be considered in future licensing decisions made by OCM. As inspectors enter the field, we encourage you to review the products you are currently selling to ensure they fall within the thresholds outlined above. If you have any questions related to the products you are selling, please send an email to cannabis.info@state.mn.us. Thank you for your attention to this matter. Charlene Briner Interim Director Office of Cannabis Management 140 Appendix D: Notice to Unlawful Cannabis Sellers 141 Notice to Unlawful Cannabis Sellers This notice is to inform you that your current course of action may run afoul of Minnesota law, and continuing this course of action may result in civil actions and potential criminal prosecution. To avoid such outcomes, you should immediately cease and desist any plans to engage in the unlicensed sale of cannabis and cannabis products. Minnesota Statutes, Chapter 342 (www.revisor.mn.gov/statutes/cite/342) governs Minnesota’s cannabis market, and empowers OCM to ensure regulatory compliance. Minnesota Statutes, chapter 342.09, subdivision 4 (www.revisor.mn.gov/statutes/cite/342.09#stat.342.09.4) prohibits the retail sale of cannabis flower and cannabis products “without a license issued under this chapter that authorizes the sale.” To date the Office of Cannabis Management has not issued any retail, or other, cannabis licenses. As such, your plan to sell cannabis in a retail setting at this date would be in flagrant violation of the law. Be aware that under Minnesota Statutes, 342.09, subdivision 6 (www.revisor.mn.gov/statutes/cite/342.09#stat.342.09.6), OCM may assess fines in excess of a $1,000,000 for violations of this law. Likewise, under Minnesota Statutes, chapter 342.19 (www.revisor.mn.gov/statutes/cite/342.19), OCM is empowered to embargo any product that it has “probable cause to believe . . . is being distributed in violation of this chapter or rules adopted under this chapter[.]” It is believed that products attempted to be sold at your retail location might be distributed in violation of the law, and would therefore be subject to embargo by OCM. Under Minnesota Statutes, chapter 342.19, subd. 2 (www.revisor.mn.gov/statutes/cite/342.19#stat.342.19.2), once embargoed OCM “shall release the cannabis plant, cannabis flower, cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product when this chapter and rules adopted under this chapter have been complied with or the item is found not to be in violation of this chapter or rules adopted under this chapter.” While Minnesota has legalized the sale of adult-use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, the legislature did add new statutory provisions, Minnesota Statutes, chapter 152.0264 (www.revisor.mn.gov/statutes/cite/152.0264), making illegal the unlawful sale of cannabis. As there are not yet any licenses issued by OCM for the cultivation, manufacture, wholesale, transportation, or retail of cannabis, any sales of cannabis products in excess of the limits in 152.0264 is illegal. If you are only planning to sell cannabinoid products that are derived from hemp, you should ensure that the sale of those products is consistent with Minnesota Statutes, chapter 151.72 (www.revisor.mn.gov/statutes/cite/151.72), including but not limited to the requirement that your business be registered with the Commissioner of Health, and that all products are in compliance with the relevant statutes. Finally, in addition to the state laws outlined above, please be aware that any retail location must be in compliance with local government ordinances and zoning requirements. OCM takes seriously its charge to enforce Minnesota Statutes, Chapter 342, and its responsibility to ensure a safe and legal cannabis market. In order to avoid the above-described actions, all attempts to open a cannabis retail dispensary in Minnesota without the appropriate license should be ceased. 142 Date: October 21, 2024 Item: 6.1 Presenter: Laura Oakden, Community Development Director Section: New Business Title: LA24-000054, Rob Page, 430 Old Crystal Bay Rd, Site Plan Review 1.Purpose: The applicant is requesting Site Plan Review for an eighty-five (85) unit Garage Condo development. 2.Background: The Applicant made a site plan application for review of a new business development at 430 Old Crystal Bay Road. This is the only vacant site location in the industrial development. The applicant has submitted a narrative along with the site plan application describing the proposed garage condo development. The development will contain individual storage units of 800-1450 sq.ft. for cars, boats, and/or RVs and a common upstairs mezzanine area. The storage units will be individually-owned and for individual use. Each unit is designed to have utility connections for water and sewer and is customizable to include additional amenities such as bathrooms, kitchens, and washers/dryers. The common spaces, general maintenance and drainage items will be managed through regulations to be set by the applicant. The development will not have a customer-facing/retail aspect outside the sale of individual units. The applicant’s site plan requests approval of the garage condo development as “Inside storage or warehousing,” which is listed as a permitted use for the I-Industrial District. The proposed garage condo development, however, is intended for use as private garage space for individual owners and a shared common area that do not fit within the use of “Inside storage or warehousing”. The shared common area is not intended to be used for storage or warehousing, or any commercial or industrial activity. While the garage units would be used for storing vehicles, to find that it fits within “Inside storage or warehousing” would convert the City Code’s designation of garages as an accessory use into a permitted use for this district. Therefore, the proposed garage condo development, which essentially proposed garages as a principal use and a shared common area as an accessory use, does not fit within the permitted use of “Inside storage or warehousing” for the industrial district. Additionally, the proposal indicates that the individual garage units have significant build-out capabilities, which would allow for the units to be used for residential purposes well beyond “Inside storage and warehousing”. Customizations could include full kitchens, bathrooms, laundry facilities, living rooms, and general living or sleeping space. Considering the potential for expansive residential conversion of units, which does not fit within the customary scope, usage and purposes of industrial district buildings, Staff does not support the proposal as submitted with the “Inside storage and warehousing” use classification. 3.Staff Recommendation: Staff recommend denial of the application as applied. The proposed development does not fit within the “Inside storage or warehousing” permitted use classification for the Industrial district. AGENDA ITEM 143 Staff would support a text amendment to the City Code to list garage condos as a conditional use defined so as to include developments like that proposed by the applicant. The conditional use permit for such garage condos would address parking, the availability for living/dwelling in the units and community events, along with other relevant standards. 4.Planning Commission Action Requested: Planning Commission should consider a motion to recommend denial of the application. Exhibits Ex A Staff Report LA24-000054, 430 CBR, Site Plan.docx Ex B Application and Narrative.pdf Ex C Site Plan and Structureal Coverage.pdf Ex D Landscape Plan.pdf Ex E Lighting Photometrics.pdf Ex F Orono Garages Exterior Elevations.pdf EX G Drainage Report.pdf Ex H Aerial Photos.pdf Ex I Applicable City Code Sections.pdf 144 To:Chris Bollis and Planning Commission Members Adam Edwards, City Administrator From:Laura Oakden, Community Development Director Date:October 21, 2024 Subject:#LA24-000054, Rob Page, 430 Old Crystal Bay Rd, Site Plan Review Background The Applicant made a site plan application for review of a new business development at 430 Old Crystal Bay Road. This is the only vacant site location in the industrial development. The site is directly north of HWY 12. At this time, the industrial development is not fully built out. There is still outstanding work which requires the installation of Orono Industrial Blvd, including utilities and a fire turn around. These improvements must be completed following the development agreement before any future building permits can be released. The proposed garage condo development will access from Orono Industrial Blvd on the north side of the parcel. There are residential properties to the west of the site across Old Crystal Bay Road and an industrial property directly abutting along the east property line. The applicant has submitted a narrative along with the site plan application describing the proposed garage condo development. The development will contain individual storage units of 800-1450 sq.ft. for cars, boats, and/or RVs and a common upstairs mezzanine area. The storage units will be individually-owned and for individual use. Each unit is designed to have utility connections for water and sewer and is customizable to include additional amenities such as bathrooms, kitchens, and washers/dryers. The common spaces and general maintenance and drainage items will be managed through regulations to be set by the applicant. The development will not have a customer-facing/retail aspect outside the sale of individual units. Staff Analysis The applicant’s site plan requests approval of the garage condo development as “Inside storage or warehousing,” which is listed as a permitted use for the I-Industrial District within which the development would be situated. City Code Section 78-822. The proposed garage condo development, however, is intended for use as private garage space for individual owners and a shared common area that do not fit within the use of “Inside storage or warehousing”. The shared common area is not intended to be used for storage or warehousing, or any commercial or industrial activity. While the garage units would be used for storing vehicles, to find that it fits within “Inside storage or warehousing” would convert the City Code’s designation of garages as an accessory use, defined in City Code Section 78-1 to include “any portion of the principal building, including a carport, which is used for storing passenger vehicles, and trailer,” into a permitted use for this district, making the code’s distinction between the uses meaningless. Therefore, the proposed garage condo development, which essentially proposed garages as a principal use and a shared common area as an accessory use, does not fit within the permitted use of “Inside storage or warehousing” for the industrial district. Additionally, the proposal indicates that the individual garage units have significant build-out capabilities, which would allow for the units to be used for residential purposes well beyond “Inside storage and warehousing”. Customizations could include full kitchens, bathrooms, Application Summary: The applicant is requesting Site Plan Review for an eighty-five (85) unit Garage Condo development. Staff Recommendation: Planning Department Staff recommends denial as applied. 145 FILE #LA24-000054 October 21, 2024 Page 2 of 5 laundry facilities, living rooms, and general living or sleeping space. Considering the potential for expansive residential conversion of units, which does not fit within the customary scope, usage and purposes of industrial district buildings, Staff does not support the proposal as submitted with the “Inside storage and warehousing” use classification. However, Staff finds that the proposed use could align within the Industrial district if adequate conditions are placed on the use to mitigate residential conversion. If the applicant wishes to proceed with the development, Staff would propose a text amendment to list garage condos as a conditional use for the Industrial District, with an appropriate definition matching this particular use. The conditions of approval of a conditional use permit for this use would be tailored to address the residential nature of the development and prohibit dwelling/living within the units, as well as community gatherings and/or public events. Additionally, there would be condition(s) requiring the formation of an association to manage the common spaces and build-out of the units, regardless of ownership. Other cities have followed a similar approach to garage condo developments. Other cities with similar garage condos: City Development Eagan Eagan Car Club, approved through a rezoning process as a Planned Unit Development for “individual garage units” Big Lake Big Lake Car Condos as a townhome development with a club house and outlots governed by a homeowners association. Medina Lifestyle Auto Condos, approved through a rezoning to a Planned Unit Development process. Lot Area/Width: I Lot Area Lot Width Required 40,000 s.f 200’ Actual 212,572 s.f. (4.88 acres)276’ Setbacks: I Required Proposed Front (OCBR)35’’35’ North Side 20’ 35’ South Side 20’30’ Rear (East)20’ 45’ Structural Coverage: Total Lot Area Required Structural Coverage Proposed Structural Coverage 212,572 s.f. (4.88 acres)45%95,900 s.f. (2.2 Ac) 45% Hardcover Calculations: 146 FILE #LA24-000054 October 21, 2024 Page 3 of 5 Stormwater Overlay District Tier Total Area in Tier Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 5 212,572 s.f 180,686.2 s.f. (85 %)Vacant 159,909 s.f. (75 %) Site Plan Review: Building height. The industrial district allows for a 40’ defined height. The lot is relative flat. Most of the lot sits at 1025 elevation grade. The proposed first floor elevations of the building ranges from 1024.7 to 1026.6. The site overall will maintain a similar grade to the existing lot. The buildings are proposed to be 33.5’ peak height from the first floor elevation to the top of the gable. With the minimal grading required for the site, staff anticipates the defined height (Grade to the midpoint of a gabled roof) to be roughly 25’ in height. Long Facades: Where large structures with overly-long facades (walls) are proposed, such as warehouses, building mass should be articulated with variations in the building plane and parapet height and through the use of other unique design or site plan features. The applicant has proposed some roof gables to break up and create interest along the roofline. To windows or wall breaks are proposed. The planning commission should discuss the long building that faced Old Crystal Bay Rd and provide feedback on façade that is public facing. Architectural design:Architectural design should create harmony through the use of different textures, complementary colors, shadow lines and contrasting shapes. The use of walls in a single color, with little detailing or completely blank is discouraged. This submitted proposal shows a mix of material including stone, stucco, siding and shingles. The colors are charcoal grey/brown with a light stone accent and a black roof. Materials:Use of substantial amounts of high quality masonry materials (face brick, stucco, stone) is encouraged. Buildings shall be constructed with no less than 67 percent of these materials, excluding window and door areas. Evaluation of building materials shall be based on the quality of its design and relationship and compatibility to building materials in the immediate neighborhood. The applicant is proposing each building to use brick and stucco in combination to meet the 67% requirement. The remating percentage will be made up of hardy board siding finished in a similar color to match the exterior. Parking. The application is not proposing any outdoor parking. The drive aisles will be fully screened from the public street view. The City Code does not list a parking standardthat considered the proposed use. Staff has referenced the following for a parking standard: Multi-tenant industrial buildings: One space for each 400 square feet of gross floor area, or the sum of the component gross floor areas as follows, whichever is greater. Following the reference city code for warehouse space. A total of 235 space for warehouse should be provided. Each unit would support 2-4 enclosed parking spaces meeting. 30 units would support 4 cars (120 spaces) and 55 units would support 2 parking spaces (110 spaces) resulting in a total of 230 indoor spaces for the site. There is not a specific use identified for garage condos within the City Code as this time. The applicant is not proposing and open parking spaces for customer use. It is anticipated in the business model that each individual unit will be used to parking for the owner. Additional testimony from the applicant should be provided regarding their plans for parking on the site. 147 FILE #LA24-000054 October 21, 2024 Page 4 of 5 Snow storage in parking stalls.Provision shall be made in the parking area for adequate snow storage or removal in order to ensure that the required number of spaces is available at all times during the year.The applicant has indicated that store storage can be addressed by using the south and east side yard of the parcel. A traffic circulation and maneuverability plan should be provided. Circulation. Traffic circulation systems shall be designed to accommodate anticipated traffic demands. Vehicular traffic generated by industrial uses shall be channeled and controlled in a manner which will avoid congestion or interference with other vehicular transportation systems and pedestrians and which will avoid creating traffic hazards and excessive traffic. Staff finds the proposed plan layout to be reasonable to support traffic circulation A traffic circulation and maneuverability plan should be provided. Parking size. Each parking space shall have a minimum width of nine feet and a minimum depth of 20 feet exclusive of aisle and maneuvering space.While there is no parking area proposed for the development the drive aisle is set to be 50’ wide. This width could support parking for each unit and allow interior traffic to pass within the development. A traffic circulation and maneuverability plan should be provided. Lighting.Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as to reflect the light away from adjoining property, abutting residential uses, and public rights-of- way.The applicant has submitted a lighting plan that show wall mounted lighting for each car condo unit. The lighting plan indicated the lighting will be serving the interior of the site. The applicant is not showing any lighting at the entrance of the development. The applicant should provide additional testimony about the lighting for the development and verify the proposed lighting will be downcast. Fencing.No fencing is indicated on the site plans. The applicant should clarify if there is any fencing proposed and if the entrance will be monitored. Minimum number of plantings.Industrial Districts shall contain, at a minimum the greater of two trees per 1,000 square feet of gross floor area or two trees per 40 lineal feet of site perimeter whichever is greater. The applicant is proposing 95,900 s.f of building footprint. This development required 192 trees. The attached landscape plan indicates a mix of coniferous, ornamental, deciduous and a mix of shrubs to meet the planting requirement. The applicant is also proposing some areas of native grasses, rock and grass buffer throughout the development. The Industrial district requires specific species of trees be planted. The applicant will follow the city code requirements for landscaping. Signage: No signage is proposed for this development. Engineering and Fire: Engineering and Fire are still reviewing the plan as it relates to drainage, stormwater, grading and sprinkling/water access requirements. Additional comments will be presented at the council meeting. The City Engineer noted there are no high level concerns for this development regarding drainage or stormwater. Fees: At this time the development shows each individual unit connected to sewer and water. A SAC determination will be required from the Met Council. Additionally, it is anticipated that sewer and 148 FILE #LA24-000054 October 21, 2024 Page 5 of 5 water fees would be applied to each individual unit and metered separately. Issues for Consideration 1. Does the commission find the proposed use matches the “Inside storage and warehousing” permitted use for the industrial district? 2. How will the applicant address any community events, gatherings or guests on the site? 3. The applicant has submitted elevation plans for the proposed Garage/Condos. Does the commission find the long façade along Old Crystal Bay Road acceptable? 4. The commission should request additional testimony regarding the business model of the development including: a. Hours of operation b. Security (fencing, lighting and/or gates) 5. Will there be any signage for the garage condo development? 6. A vehicle circulation /maneuverability plan should be submitted to show how any interior parking, or emergency services can access the site. Planning Staff Recommendation Staff recommend denial of the application as applied. The proposed development does not fit within the “Inside storage or warehousing” permitted use classification for the Industrial district. Staff would support a text amendment to the City Code to list garage condos as a conditional use defined so as to include developments like that proposed by the applicant. The conditional use permit for such garage condos would address parking, the availability for living/dwelling in the units and community events, along with other relevant standards. 149 Letter View file:///C/Users/loakden/Downloads/Land%20Use%20Application%20Summary%20(36).htm[10/17/2024 2:54:38 PM] Land Use Application Summary Application Date:09/18/2024 Address:430 Old Crystal Bay RD North Orono, MN 55356 Parcel Number:3311823130016 Land Use Number:LA24-000054 Application Submitted By:Agent on behalf of property owner Owner:Name: OLD CRYSTAL BAY LLC Address: ATTN JAKE BARKLEY 3640 BAYSIDE RD Applicant:Name: Robert Page Company: Orono Garage Condos LLC Address: 5840 Club Valley Rd Shorewood, MN 55331 robertlouis.page@gmail.com Contact Information:Associated Contact: Associated Contact: David Ramsay dbramsay@gmail.com Associated Contact: Ross Hedlun ross.hedlund@tradition-cre.com Associated Contact: Project Description:New Industrial Building / Garage Condos Land Use Application Type:Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: 150 Project Narrative for Industrial Garage Condos Development at 430 Old Crystal Bay Road, Orono,MN Project Overview: Our proposed development at 430 Old Crystal Bay Road in Orono,Minnesota,consists of 85 industrial garage condos designed as storage and warehousing spaces.The units range in size from approximately 800 to 1,450 square feet and come equipped with essential utilities such as heating, electricity and plumbing capability.These units are ideal for both individuals and sole-proprietors needing secure storage and/or staging areas for materials and equipment.The project aims to fill a significant gap in the local market for high-quality,utility-equipped storage solutions while adhering to the area’s zoning regulations. Location &Target Market: Situated within an industrially zoned area at 430 Old Crystal Bay Road,this development is strategically positioned to serve primarily individuals and also sole-proprietors in the surrounding community.Notably,the site’s proximity to numerous lakes in the Orono area,including Lake Minnetonka and Long Lake,makes it an ideal location for climate-controlled boat storage,catering to boat owners who need a secure and convenient place to store their vessels all year round without needing a slip or winterization/start up.These storage solutions are also ideal for RVs and other vehicles that require more space and/or amenities.On top of those use cases,these storage solutions also work well for sole proprietor-style businesses such as plumbers,electricians,and logistics that require a place to store and stage materials and equipment.This development is not intended for customer-facing business operations but rather as a functional space to store and manage inventory,tools,and other business-related assets. Business Model: Each garage condo will be individually sold,allowing owners the flexibility to use the space for storage and operational support without the burden of renting.Our marketing strategy focuses on reaching potential buyers in Orono and neighboring areas through social media and local advertising outlets.Unlike traditional rental storage units,these garage condos offer an ownership-based model that provides a tax-advantaged,long-term,secure asset for individuals and sole proprietors. Alignment with Zoning and Community Needs: This project is designed to align with the Industrial District zoning designation of the site at 430 Old Crystal Bay Road by focusing exclusively on permitted storage and warehousing uses.The proposed garage condos strictly adhere to this purpose by offering secure,utility-equipped storage spaces and have clear guidelines and covenants for use that each owner will be required to agree to as part of their purchase. Community Integration &Aesthetics: The design of this development thoughtfully considers the character of Orono,featuring quality materials and landscaping that create an environment blending both functionality and visual appeal. The exterior design adheres to Orono building code requirements which avoids the starkness often associated with industrial storage facilities,opting instead for an approach that incorporates modern architectural elements with a clean and polished look.This refined aesthetic subtly hints at a 151 high-end quality without appearing out of place in the community.By striking a balance between practicality and visual harmony,the development offers a sophisticated yet unobtrusive presence, enhancing the local landscape while providing a valuable resource. Commitment to Collaboration and Compliance: We understand that the council’s review of this project involves determining its fit within the existing zoning framework.We are committed to collaborating with the council to ensure that the development meets all necessary standards,including any additional requirements that may arise through this review process.We are prepared to adapt aspects of the site plan to comply with specific zoning standards related to material use,setbacks,or other factors as directed by the council. Conclusion: Our industrial garage condo project at 430 Old Crystal Bay Road in Orono is a thoughtfully designed development that addresses a clear local need for larger,more robust,and secure storage spaces in the surrounding area.By offering functional and utility-equipped spaces with a refined aesthetic,we aim to provide a resource that supports both individuals and sole-proprietors while enhancing the broader community.We are committed to collaborating with the city council and local stakeholders to ensure this project aligns with Orono’s development goals and contributes positively to the community.This is a community that we are already a part of (one of our partners lives less than a mile away)and we would be proud and diligent to make sure it has a positive impact on the city and its residents. Thanks for your consideration. 152 I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date: Job No.: FOR AND ON BEHALF OF HAGSTROM ENGINEERING PLLC Checked By:811 CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. CALL GOPHER STATE ONE CALL BENCHMARK:ByDateDescription of RevisionsNo.Sheet of D C B A 54321 219 6TH AVENUE EAST ALEXANDRIA, MN 56308 P.320.759.0764 WWW.HAGSTROMENG.COM HAGSTROM ENGINEERING CIVIL ENGINEERS | LAND CONSULTANTS CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT C5.0C1.0 NOT FOR CONSTRUCTIONC1.0ORONO GARAGE CONDOSSITE PLANCOVER SHEET09/18/2024 24015 LEHMRHSITE PLAN LOT 1, BLOCK 1, CRYSTAL BAY BUSINESS CENTER HENNEPIN COUNTY, STATE OF MINNESOTA SHEET INDEX C1.0 COVER SHEET C2.0 EXISTING SITE & DEMO C3.0 PROPOSED SITE PLAN C3.1 PROPOSED UTILITY PLAN C4.0 PRELIMINARY GRADING & EROSION CONTROL PLAN C5.0 - C5.2 CONSTRUCTION DETAILS CONTACT LIST OWNER ORONO GARAGE CONDOS 5840 CLUB VALLEY ROAD SHOREWOOD, MN 55331 (952) 200-6384 CONTACT: DAVE RAMSEY, ROB PAGE CIVIL ENGINEER HAGSTROM ENGINEERING 219 6TH AVENUE E ALEXANDRIA, MN 56308 320-759-0764 CONTACT: MATT HAGSTROM SITE OLD CRYSTAL BAY RD NWAYZATA BLVD WILLOW DRIVE NSTATE HWY 12 153 ORONO INDUSTRIAL BOULEVARD OLD CRYSTAL BAYROADBLOCK 1 LOT 1 MNDOT RIGHT OF WAY PLAT NO 27-129 TEMPUS ORONO LLC PID: 3311823130020 METRO STORAGE ORONO LLC PID: 3311823130019 WJM PROPERTIES LLC PID: 3311823130015 ORONO PRESERVE RESIDENTIAL DEVELOPMENT PROPOSED IMPROVEMENTS SHOWN AS EXISTING PROPOSED IFC TURNAROUND AT ENTRANCE EX. 10.0' EASEMENT EX. 10.0' EASEMENT EX. 10.0' EASEMENT EX. 22.0' EASEMENT S89°43'30"E 1,898.43'N00°16'00"E 1,898.43'N 5 5 ° 2 3 ' 0 7 " W 1 , 8 9 8 . 4 3 ' N89°11'02"W 1,898.43'S00°14'12"W 1,898.43'20.0' SETBACK 35.0' SETBACK 35.0' SETBACK EX. 8" WATER MAIN EX. 8" WATER STUB EX. 8" WATER STUB 10.0' SETBACK EX. SAN MH WITH 8" MAIN EX. 8" SAN. EX. BOUNDARY EX. BOUNDARY EX. 60.0' ROW EX. 66.0' ROW EX. STORM SEWER I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date: Job No.: FOR AND ON BEHALF OF HAGSTROM ENGINEERING PLLC Checked By:811 CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. CALL GOPHER STATE ONE CALL BENCHMARK:ByDateDescription of RevisionsNo.Sheet of D C B A 54321 219 6TH AVENUE EAST ALEXANDRIA, MN 56308 P.320.759.0764 WWW.HAGSTROMENG.COM HAGSTROM ENGINEERING CIVIL ENGINEERS | LAND CONSULTANTS CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT C5.0C2.0 NOT FOR CONSTRUCTIONC2.0ORONO GARAGE CONDOSSITE PLANEXISTING SITE AND DEMO PLAN09/18/2024 24015 LEHMRH0 SCALE: 1" = ORIGINAL GRAPHIC SCALE 15 30 60 30' LEGEND EXISTING STORM SEWER EXISTING SANITARY SEWER W/ MH EXISTING WATER LINE AND VALVE TO REMAIN TO BE REMOVED EXISTING LIGHT POLE EXISTING POWER POLE EXISTING GAS LINE EXISTING COMMUNICATION LINE EXISTING ELECTRIC LINE AND BOX EXISTING CABLE TV LINE EXISTING FIBER LINE EXISTING R.O.W. EXISTING LOT LINE PROPERTY LINE EXISTING CATCH BASIN EXISTING STORM INLET CONSTRUCTION PHASE LINE T.R. T.B.R NOTES: 1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER WITH ANY DISCREPANCIES. 2.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION.P:\24015_Orono Car Condo's\CAD\CD's\24015_C2.0-Existing Site & Demo.dwg, 9/18/2024 12:14:21 PM, 1:1, LEH154 ORONO INDUSTRIAL BOULEVARD OLD CRYSTAL BAYROADBLOCK 1 LOT 1 MNDOT RIGHT OF WAY PLAT NO 27-129 TEMPUS ORONO LLC PID: 3311823130020 METRO STORAGE ORONO LLC PID: 3311823130019 WJM PROPERTIES LLC PID: 3311823130015 ORONO PRESERVE RESIDENTIAL DEVELOPMENT PROPOSED IMPROVEMENTS SHOWN AS EXISTING EX. 10.0' EASEMENT EX. 10.0' EASEMENT EX. 10.0' EASEMENT EX. 22.0' EASEMENT S89°43'30"E 1,898.43'N00°16'00"E 1,898.43'N 5 5 ° 2 3 ' 0 7 " W 1 , 8 9 8 . 4 3 ' N89°11'02"W 1,898.43'S00°14'12"W 1,898.43'20.0' SETBACK 35.0' SETBACK 35.0' SETBACK 10.0' SETBACK EX. BOUNDARY EX. BOUNDARY EX. 60.0' ROW EX. 66.0' ROW 40.0' 50.0' 50.0'50.0' 20.0'20.0' 4.0' CONCRETE APRON (TYP) 40.0' 240.0' 20.0'20.0' 46.0' 275.0'275.0' 92.0' 92.0' 275.0' 275.0'260.0' 3.0' CONCRETE PAN (TYP) 32.0' R25.0' R20.0' BUILDING 1 BUILDING 2 BUILDING 3 BUILDING 4 BUILDING 5 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 2 3 4 5 6 7 8 9 10 19.5' ASPHALT 14.5' ASPHALT 20.0' 20.0' 31.0' 31.0'31.0' 24.0'24.0' 31.0' 24.0' 31.0' 24.0' 20.0' 20.0' PROPOSED IFC TURNAROUND AT ENTRANCE I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date: Job No.: FOR AND ON BEHALF OF HAGSTROM ENGINEERING PLLC Checked By:811 CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. CALL GOPHER STATE ONE CALL BENCHMARK:ByDateDescription of RevisionsNo.Sheet of D C B A 54321 219 6TH AVENUE EAST ALEXANDRIA, MN 56308 P.320.759.0764 WWW.HAGSTROMENG.COM HAGSTROM ENGINEERING CIVIL ENGINEERS | LAND CONSULTANTS CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT C5.0C3.0 NOT FOR CONSTRUCTIONC3.0ORONO GARAGE CONDOSSITE PLANPROPOSED SITE PLAN09/18/2024 24015 LEHMRH0 SCALE: 1" = ORIGINAL GRAPHIC SCALE 15 30 60 30' NOTES: 1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER WITH ANY DISCREPANCIES. 2.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION. LEGEND EXISTING STORM SEWER, MANHOLE, F.E.S. AND INLET PROPOSED STORM SEWER, MANHOLE, F.E.S. AND INLET EXISTING ROW PROPOSED ROW EXISTING LOT LINE PROPOSED LOT LINE PROPERTY BOUNDARY PROPERTY SETBACK EXISTING EASEMENT PROPOSED EASEMENT P:\24015_Orono Car Condo's\CAD\CD's\24015_C3.0-Proposed Site Plan.dwg, 9/18/2024 12:15:22 PM, 1:1, LEH155 ORONO INDUSTRIAL BOULEVARD OLD CRYSTAL BAYROADMNDOT RIGHT OF WAY PLAT NO 27-129SWSWSWSWSWSWSWSWSWSWSWSWWSWSWSWSWSWSWSWSWSWSWSWSWSSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSW SWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWWWSSPROPOSED IMPROVEMENTS SHOWN AS EXISTING S89°43'30"E 1,898.43'N00°16'00"E 1,898.43'N 5 5 ° 2 3 ' 0 7 " W 1 , 8 9 8 . 4 3 ' N89°11'02"W 1,898.43'S00°14'12"W 1,898.43'EX. BOUNDARY EX. BOUNDARY CONNECT TO EX. SAN MH CONNECT TO EX. 8" WATER PROPOSED 8" SAN (TYP) BUILDING 1 BUILDING 2 BUILDING 3 BUILDING 4 BUILDING 5 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 2 3 4 5 6 7 8 9 10 PROPOSED 4" SANITARY SERVICE (TYP) PROPOSED 1" WATER SERVICE (TYP) STD. FIRE HYD. ASSEMBLY 4' MANHOLE (TYP) EX. WATER (TYP) EX. STORM SEWER (TYP) PROPOSED STORM SEWER PROPOSED 8" WATER (TYP) PROPOSED 8" WATER (TYP) 4' MANHOLE (TYP) PROPOSED 4" SANITARY SERVICE (TYP) PROPOSED 1" WATER SERVICE (TYP) I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date: Job No.: FOR AND ON BEHALF OF HAGSTROM ENGINEERING PLLC Checked By:811 CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. CALL GOPHER STATE ONE CALL BENCHMARK:ByDateDescription of RevisionsNo.Sheet of D C B A 54321 219 6TH AVENUE EAST ALEXANDRIA, MN 56308 P.320.759.0764 WWW.HAGSTROMENG.COM HAGSTROM ENGINEERING CIVIL ENGINEERS | LAND CONSULTANTS CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT C5.0C3.1 NOT FOR CONSTRUCTIONC3.1ORONO GARAGE CONDOSSITE PLANPROPOSED UTILITY PLAN09/18/2024 24015 LEHMRH0 SCALE: 1" = ORIGINAL GRAPHIC SCALE 15 30 60 30' NOTES: 1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER WITH ANY DISCREPANCIES. 2.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION. LEGEND EXISTING STORM SEWER, MANHOLE, F.E.S. AND INLET PROPOSED STORM SEWER, MANHOLE, F.E.S. AND INLET EXISTING ROW PROPOSED ROW EXISTING LOT LINE PROPOSED LOT LINE PROPERTY BOUNDARY PROPERTY SETBACK EXISTING EASEMENT PROPOSED EASEMENT PROPOSED SANITARY SEWER W/ MH EXISTING SANITARY SEWER W/ MH PROPOSED UNDERDRAIN AND CLEANOUT PROPOSED WATER LINE, VALVE AND FIRE HYDRANT EXISTING WATER LINE AND VALVE PROPOSED WATER SERVICE W/ METER PROPOSED SANITARY SERVICE EXISTING GAS LINE EXISTING OVERHEAD ELECTRIC EXISTING ELECTRIC EXISTING CABLE TV EXISTING FIBER OPTIC EXISTING TELEPHONE EXISTING IRRIGATION CAUTION! UTILITY CROSSING LOWERING MAY BE REQUIRED EXISTING LIGHT POLE PROPOSED LIGHT POLEWSS 156 ORONO INDUSTRIAL BOULEVARD OLD CRYSTAL BAYROADBLOCK 1 LOT 1 MNDOT RIGHT OF WAY PLAT NO 27-129 PID: 3311823130019 WJM PROPERTIES LLC PID: 3311823130015 ORONO PRESERVE DEVELOPMENT PROPOSED IMPROVEMENTS SHOWN AS EXISTING EX. BOUNDARY EX. BOUNDARY 1026102510271025 1024 1022 102110201024102510241 0 2 3 1022 1021 1024 10251026 1027 102610261025 1026 1026102610251025 1023 1020 1027 10261028 1026102 6 1 0 2 71027 102610291027102710261 0 2 0 1 0 2 1 1020 1018 1019 1016 1020 1018 1015 1014101810191021102210231023102510241026 1025.51 HP 1025. 4 7 1025. 2 8 1024. 7 5 1024. 0 4 1023. 3 3 1023. 2 0 1025. 4 4 1025. 2 8 1024.72 1024. 0 1 1023. 3 0 1023. 1 8 PROPOSED BUILDING 1 FFE = 1026.62 PROPOSED BUILDING 2 FFE = 1026.62 PROPOSED BUILDING 3 FFE = 1026.13 PROPOSED BUILDING 4 FFE = 1025.42 PROPOSED BUILDING 5 FFE = 1024.71 1025.97 ME 1025.60 ME 1026.62 TOC 1026.54 TOC 1026.54 TOC 1026.62 TOC 1026.62 TOC 1026.54 TOC 1026.54 TOC 1026.62 TOC 1026.62 TOC 1026.54 TOC 1026.54 TOC 1026.62 TOC 1026.13 TOC 1026.05 TOC 1026.05 TOC 1026.13 TOC 1026.13 TOC 1026.05 TOC 1025.34 TOC 1025.42 TOC 1026.13 TOC 1026.05 TOC 1025.34 TOC 1025.42 TOC 1025.42 TOC 1025.34 TOC 1024.63 TOC 1024.71 TOC 1025.42 TOC 1025.34 TOC 1024.63 TOC 1024.71 TOC 4.4% 3.3% 4.2% 3.6% 4.5% 5.2% 4.3% 5.4% 8.0% 3.6% 3.0% 8.2% 7.3% 4.4% 4.2% 8.1%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5% 2.0% 2.0% 2.0% 2.0% 2.0%2.0% 2.0% 2.0%2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0%10.0%10.0% 10.0% 10.0%10.0%25.0%25.0% 25.0%25.0%1020102424.4%33.0%33.1%10.1%38.3%29.6%22.4%2.1%2.1%2.1%2.1%2.1%2.1%8.6%10.4% 2.2%2.1%2.1%2.1%2.1%2.1%3.8 %1.0%IP-A SF SF SF SF SF IP IP VTC CWA 102 2 1021 29.6%31.4%2.1%2.1%2.1%ECB ECB 4.5%2.0% 1026.10 HP 2.0%2.0% 1024.80 HP 5.6%2.0% 1024.09 HP 5.6%2.0% I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date: Job No.: FOR AND ON BEHALF OF HAGSTROM ENGINEERING PLLC Checked By:811 CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. CALL GOPHER STATE ONE CALL BENCHMARK:ByDateDescription of RevisionsNo.Sheet of D C B A 54321 219 6TH AVENUE EAST ALEXANDRIA, MN 56308 P.320.759.0764 WWW.HAGSTROMENG.COM HAGSTROM ENGINEERING CIVIL ENGINEERS | LAND CONSULTANTS CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT C5.0C4.0 NOT FOR CONSTRUCTIONC4.0ORONO GARAGE CONDOSSITE PLANPROPOSED GRADING & EROSIONCONTROL PLAN09/18/2024 24015 LEHMRH0 SCALE: 1" = ORIGINAL GRAPHIC SCALE 15 30 60 30' GRADING NOTES: 1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER WITH ANY DISCREPANCIES. 2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY CONSTRUCTION STAKING. 3.ALL ELEVATIONS ARE FLOWLINE UNLESS OTHERWISE NOTED 4.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION. 5.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF CONSTRUCTION SHALL NOT BE DISTURBED. 6.SEE SHEET C5.0 FOR CONSTRUCTION DETAILS. LEGEND EXISTING 1' AND 5' CONTOURS PROPOSED 1' AND 5' CONTOURS PROPOSED SPOT ELEVATION FLOW DIRECTION & GRADE FINISHED FLOOR ELEVATION MATCH EXISTING TOP OF CONCRETE HIGH POINT TOP OF WALL BOTTOM OF WALL LIMITS OF DISTURBANCE SILT FENCE 1,000 LF CURB INLET PROTECTION 2 EA AREA INLET PROTECTION 1 EA VEHICLE TRACKING CONTROL 1 EA EROSION CONTROL BLANKET 550 SY CONCRETE WASHOUT AREA 1 EA FFE ME TOC HP TOW BOW 1432. 3 1431 1430 1431 1430 2.00% EROSION CONTROL NOTES: 1.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION. 2.SEE SHEET C5.0 FOR BMP DETAILS AND BMP MAINTENANCE NOTES. 3.THE CONTRACTOR SHALL PERFORM STREET SWEEPING AT THE END OF EACH WORK DAY TO MITIGATE ANY SOIL ON PERIMETER STREETS. 4.THE CONTRACTOR SHALL INSPECT THE BMP'S WEEKLY OR AFTER ANY SIGNIFICANT RAIN EVENT AND REPAIR BMP'S AS REQUIRED. 5.STOCKPILE AND STAGING LOCATION TO BE APPROVED BY ENGINEER. 6.ALL DISTURBED AREAS THAT ARE NOT HARDSCAPED SHALL RECEIVE PERMANENT SEEDING PER THE OWNER. 7.SEE SWPPP DOCUMENT BY HAGSTROM ENGINEERING FOR SEEDING, INSPECTION, AND MAINTENANCE REQUIREMENTS. . SF IP IP-A VTC CWA ECB P:\24015_Orono Car Condo's\CAD\CD's\24015_C4.0-Proposed Grading & Erosion Control Plan.dwg, 9/18/2024 3:34:50 PM, 1:1, LEH157 Designed By:Date: Job No.: FOR AND ON BEHALF OF HAGSTROM ENGINEERING PLLC Checked By:811 CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. CALL GOPHER STATE ONE CALL BENCHMARK:ByDateDescription of RevisionsNo.Sheet of D C B A 54321 219 6TH AVENUE EAST ALEXANDRIA, MN 56308 P.320.759.0764 WWW.HAGSTROMENG.COM HAGSTROM ENGINEERING CIVIL ENGINEERS | LAND CONSULTANTS CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT C5.0C5.0 NOT FOR CONSTRUCTIONC5.0ORONO GARAGE CONDOSSITE PLANCONSTRUCTION DETAILS09/18/2024 24015 LEHMRHHEAVY DUTY BITUMINOUS PAVEMENT SECTION* N.T.S. 2" WEAR COURSE MIXTURE SPWEA340C 2" NON-WEARING COURSE MIXTURE SPNWA340C 10" AGGREGATE BASE CLASS 5 TACK COAT PER MNDOT 2357 COMPACTED SUBGRADE 3.00' 6" 1" CONCRETE V-PAN DETAIL N.T.S. * PAVEMENT SECTION BASED ON RECOMMENDATION OF GEOTECHNICAL ENGINEER. FINAL APPROVAL OF PAVEMENT SECTION PER OWNER. DEFINITION A DESIGNATED, SHALLOW EXCAVATION WITH A PERIMETER BERM, SILT FENCE, AND VTC, DESIGNED FOR CONCRETE WASHOUT OPERATIONS. PURPOSE TO CONTAIN WASTE FROM CONCRETE TRUCKS, SMALL BATCH CONCRETE MIXERS, PUMP TRUCKS, AND OTHER WASHOUT OPERATIONS. 8'x8' MIN. 3:13:1 9' MIN. 1' MIN. 8'x8' MIN.9' MIN. 3:1 3:1 1' MIN. 2% VEHICLE TRACKING CONTROL. SEE DETAIL VTC. VEHICLE TRACKING CONTROL. SEE DETAIL VTC SILT FENCE AROUND EARTH BERM. SEE DETAIL SF. SILT FENCE AROUND EARTH BERM. SEE DETAIL SF. 3' MIN. EXISTING GRADE COMPACTED EMBANKMENT MATERIAL CONSTRUCTION SIGN (MANDATORY) CONCRETE WASHOUT AREA N.T.S. CWA INSTALL POLY LINER DEFINITION A TEMPORARY SEDIMENT BARRIER PLACED ON-GRADE. PURPOSE TO INCREASE SEDIMENTATION FROM SEDIMENT LADEN RUNOFF AND SLOW THE VELOCITY OF STORM RUNOFF. NOTES 1.SEE DETAIL CS FOR ROCK SOCKS USED IN CURB FLOW LINE. 2.SEE DETAIL IP FOR ROCK SOCKS (CURB SOCK) USED AS ON-GRADE CURB INLET PROTECTION. 3.SEE DETAIL IP-A FOR ROCK SOCKS USED AS SUMP CURB INLET PROTECTION. 4.SEE DETAIL RCS FOR ROCK SOCKS USED AS ROUGH CUT STREET CONTROL. 5.SEE DETAIL CP FOR ROCK SOCKS USED AS CULVERT PROTECTION JOINT DETAIL VARIABLE LENGTH 10" OR 4" WIRE TIE ENDS 3/4" GRAVEL IN 1/4" WIRE MESH 12"12" ANY GAP AT JOINTS SHALL BE FILLED WITH AN ADEQUATE AMOUNT OF 3/4" GRAVEL WRAPPED WITH 1/4" WIRE MESH SECURED TO ENDS OF ROCK SOCK. ROCK SOCK N.T.S. RS P:\24015_Orono Car Condo's\CAD\CD's\24015_C5.0-Construction Details.dwg, 9/18/2024 3:30:15 PM, 1:1, LEH158 Designed By:Date: Job No.: FOR AND ON BEHALF OF HAGSTROM ENGINEERING PLLC Checked By:811 CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. CALL GOPHER STATE ONE CALL BENCHMARK:ByDateDescription of RevisionsNo.Sheet of D C B A 54321 219 6TH AVENUE EAST ALEXANDRIA, MN 56308 P.320.759.0764 WWW.HAGSTROMENG.COM HAGSTROM ENGINEERING CIVIL ENGINEERS | LAND CONSULTANTS CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT C5.0C5.1 NOT FOR CONSTRUCTIONC5.1ORONO GARAGE CONDOSSITE PLANCONSTRUCTION DETAILS09/18/2024 24015 LEHMRHP:\24015_Orono Car Condo's\CAD\CD's\24015_C5.0-Construction Details.dwg, 9/18/2024 3:29:59 PM, 1:1, LEH159 Designed By:Date: Job No.: FOR AND ON BEHALF OF HAGSTROM ENGINEERING PLLC Checked By:811 CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. CALL GOPHER STATE ONE CALL BENCHMARK:ByDateDescription of RevisionsNo.Sheet of D C B A 54321 219 6TH AVENUE EAST ALEXANDRIA, MN 56308 P.320.759.0764 WWW.HAGSTROMENG.COM HAGSTROM ENGINEERING CIVIL ENGINEERS | LAND CONSULTANTS CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT C5.0C5.2 NOT FOR CONSTRUCTIONC5.2ORONO GARAGE CONDOSSITE PLANCONSTRUCTION DETAILS09/18/2024 24015 LEHMRHP:\24015_Orono Car Condo's\CAD\CD's\24015_C5.0-Construction Details.dwg, 9/18/2024 3:29:45 PM, 1:1, LEH160 ORONO INDUSTRIAL BOULEVARD OLD CRYSTAL BAYROADBLOCK 1 LOT 1 MNDOT RIGHT OF WAY PLAT NO 27-129 TEMPUS ORONO LLC PID: 3311823130020 METRO STORAGE ORONO LLC PID: 3311823130019 WJM PROPERTIES LLC PID: 3311823130015 ORONO PRESERVE RESIDENTIAL DEVELOPMENT EX. BOUNDARY EX. BOUNDARY 10261025 1024 1022 102110201024102510241 0 2 3 1021 1024 10251026 102610261026 1026102610251025 1023 1020 PROPOSED BUILDING 1 PROPOSED BUILDING 2 PROPOSED BUILDING 3 PROPOSED BUILDING 4 PROPOSED BUILDING 5 102410.0' GRASS BUFFER PROPOSED TREES (TYP)PROPOSED CONIFERS (TYP) PROPOSED SHRUBS (TYP)PROPOSED PONDNATIVE GRASS (TYP) 10.0' GRASS BUFFER 10.0' GRASS BUFFER NATIVE GRASS (TYP) NATIVE GRASS (TYP) NATIVE GRASS (TYP) PROPOSED CONIFERS (TYP) ROCK (TYP) ROCK (TYP) 8.0' (TYP) 8.0' (TYP) 8.0' (TYP) 8.0' (TYP) 16.0' (TYP) 16.0' (TYP) STAGGER CONIFERS & TREES AS SHOWN (TYP) 16.0' (TYP) 16.0' (TYP) 16.0' (TYP) 16.0' (TYP) I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date: Job No.: FOR AND ON BEHALF OF HAGSTROM ENGINEERING PLLC Checked By:811 CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. CALL GOPHER STATE ONE CALL BENCHMARK:ByDateDescription of RevisionsNo.Sheet of D C B A 54321 219 6TH AVENUE EAST ALEXANDRIA, MN 56308 P.320.759.0764 WWW.HAGSTROMENG.COM HAGSTROM ENGINEERING CIVIL ENGINEERS | LAND CONSULTANTS CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT L1.1L1.0 NOT FOR CONSTRUCTIONL1.0ORONO GARAGE CONDOSSITE PLANPROPOSED LANDSCAPE PLAN09/18/2024 24015 LEHMRH0 SCALE: 1" = ORIGINAL GRAPHIC SCALE 15 30 60 30' NOTES: 1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER WITH ANY DISCREPANCIES. 2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY CONSTRUCTION STAKING. 3.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION. 4.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF CONSTRUCTION SHALL NOT BE DISTURBED. 5.SEE SHEET C5.0 FOR CONSTRUCTION DETAILS. LEGEND PROPOSED 1' AND 5' CONTOURS PROPOSED TREE PROPOSED SHRUB PROPOSED CONIFER 1431 1430 TREES TYPE CONT QTY Shade Trees 1.5" to 2.0"18 Ornamental 1.0"17 SHRUBS CONT QTY Small Coniferous Shrubs 18" - 24"27 Small Deciduous Shrubs 27 CONIFERS CONT QTY Coniferous Tree 4' - 6'85 GROUND COVERS CODE BOTANICAL / COMMON NAME CONT SPACING QTY NATIVE GRASSES / Filter Strip Mix Shooting Star Native Seed or approved equal Seed 35,550 S.F. ROCK 3/4" River Rock / 3/4" River Rock ---3,100 S.F. GRASS BUFFER Poa pratensis / Kentucky Bluegrass ---5,760 S.F. Large Deciduous Tree 2' - 4'18 18" - 24" TYPE TYPE SUM OF TREES QTY 192 P:\24015_Orono Car Condo's\CAD\CD's\24015_L1.0-Proposed Landscape Plan.dwg, 9/30/2024 10:35:28 AM, 1:1, LEH161 I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date: Job No.: FOR AND ON BEHALF OF HAGSTROM ENGINEERING PLLC Checked By:811 CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. CALL GOPHER STATE ONE CALL BENCHMARK:ByDateDescription of RevisionsNo.Sheet of D C B A 54321 219 6TH AVENUE EAST ALEXANDRIA, MN 56308 P.320.759.0764 WWW.HAGSTROMENG.COM HAGSTROM ENGINEERING CIVIL ENGINEERS | LAND CONSULTANTS CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT L1.1L1.1 NOT FOR CONSTRUCTIONL1.1ORONO GARAGE CONDOSSITE PLANLANDSCAPE DETAILS09/18/2024 24015 LEHMRHPLANTING NOTES: 1.THE LANDSCAPE CONTRACTOR SHALL LOCATE ALL EXISTING UTILITIES WITHIN THE LIMIT OF WORK AND IS RESPONSIBLE FOR ANY DAMAGE AS A RESULT OF THE LANDSCAPE CONSTRUCTION. 2.ALL TREE AND SHRUB LOCATIONS ARE TO BE STAKED ON SITE FOR APPROVAL BY THE CONSULTANT PRIOR TO INSTALLATION. 3.SUBSTITUTIONS: THE CONSULTANT SHALL APPROVE ANY SUBSTITUTION. 4.DO NOT PRUNE PLANTS UNLESS DIRECTED TO DO SO BY THE CONSULTANT. 5.CONTAINER STOCK IS PREFERRED FOR ALL PLANTS. IF CONTAINER STOCK IS NOT AVAILABLE FOR TREES, THEN ALL B&B PLANT MATERIAL SHALL HAVE ALL WIRE, TWINE, OR OTHER CONTAINMENT MATERIAL, EXCEPT FOR 100% HEMP BURLAP, REMOVED FROM THE TRUNK AND ROOT BALL OF THE PLANT PRIOR TO PLANTING. REMOVE THE TOP 2/3 OF THE HEMP BURLAP AFTER PLACING PLANT IN THE PIT. 6.PLANTING SOIL FOR ALL PLANTING AREAS: a.DO NOT STORE BULK MATERIALS NEAR STRUCTURES, OVER EXISTING PLANTING, OVER UTILITIES, WALKWAYS AND PAVEMENTS. a.PROVIDE EROSION CONTROL MEASURES TO PREVENT DISPLACEMENT OF BULK MATERIALS, DISCHARGE INTO WATERWAYS OR SEWERS, AND AIRBORNE DUST. b.PREPARING PLANTING AND SEEDING AREAS; SPREADING SOIL SHALL BE COMPLETED BY THE LANDSCAPE CONTRACTOR AND SUPERVISED BY THE GENERAL CONTRACTOR SO THAT GRADES ARE MET AS NOTED ON THE GRADING PLANS. c.PLANTING SOIL DEPTH SHALL BE A MINIMUM OF SIX (6) INCHES IN ALL LANDSCAPE BEDS. d.ALL PLANTING AREA SOIL SHALL BE 2-WAY (60% SAND, 40% COMPOST) TOPSOIL FROM AN APPROVED SOURCE. PROVIDE A 1-QUART SAMPLE FOR APPROVAL PRIOR TO IMPORTING ANY SOIL. TOPSOIL NOT MEETING INDUSTRY STANDARDS FOR COMPOSITION AND NUTRIENTS SHALL BE REJECTED. e.APPLY 2 INCHES OF APPROVED PLANTING SOIL OVER PREPARED SUBGRADE AND TILL INTO TOP 4 INCHES OF SUBSOIL. INSTALL REMAINING PLANTING SOIL TO A MINIMUM OF 4 INCHES SO THE TOTAL MINIMUM DEPTH OF NEW PLANTING SOIL IN NO LESS THAN 8 INCHES. ROLL AND RAKE SMOOTH. ENSURE NO ROCKS OR OTHER DEBRIS EXCEEDING 3 INCHES IN DIAMETER REMAIN. f.IF PREPARED SOIL OR PREPARED SUBGRADE IS RE-COMPACTED, RESTORE AS DIRECTED BY THE CONSULTANT. 9.INSTALL ROCKS IN ALL PLANTING BEDS TO A DEPTH OF 3 INCHES. 10.ROCKS SHALL NOT BE ABOVE OR MORE THAN 1/2 INCH BELOW ADJOINING SURFACE. MULCH SHALL BE HELD BACK 2-3 INCHES FROM THE STEMS AND TRUNKS OF PLANTS. 11.DURING PLANTING OPERATIONS, KEEP ADJACENT PAVING AREAS CLEAN AND PROTECTED FROM DAMAGE. WORK AREA SHALL BE KEPT CLEAN AND ORDERLY. 12.REMOVE NURSERY TAGS AND STAKES. 13.WARRANTY: INSTALLER AGREES TO WARRANTY PLANTING THAT FAILS IN MATERIALS, WORKMANSHIP OR GROWTH WITHIN A WARRANTY PERIOD OF 12 MONTHS FROM THE DATE OF PLANTING COMPLETION. 14.PLANT SYMBOLS SHALL DICTATE PLANT COUNT. 15.ALL LANDSCAPING SHALL BE PLANTED AND MAINTAINED IN A LIVING CONDITION BY THE CONTRACTOR UNTIL FINAL OWNER ACCEPTANCE. 16.IRRIGATION TO BE DESIGN BUILD BY IRRIGATION CONTRACTOR IF DESIRED BY OWNER. NOT PART OF THIS CONTRACT. 1" = 1'-0" TREE SINGLE STAKE PLANTING SHRUB AREAS. PLANTING AT STAKING DETAILPLANT PIT DETAIL TURF AREAS. PLANTING AT FX-PL-FX-TREE-022 TREE ON SLOPE - UNMODIFIED SOIL 1/2" = 1'-0" Native soil. Round-topped soil berm 4" high x 8" wide above root ball surface shall be centered on the downhill side of the root ball for 240°. Berm shall begin at root ball periphery. Finished grade. Bottom of root ball rests on existing or recompacted soil. SECTION VIEW Original slope should pass through the point where the trunk base meets substrate/soil. Prior to mulching, lightly tamp soil around the root ball in 6" lifts to brace tree. Do not over compact. When the planting hole has been backfilled, pour water around the root ball to settle the soil. Loosened soil. Dig and turn the soil to reduce the compaction to the area and depth shown. 4" layer of mulch. No more than 1" of mulch on top of root ball. Slope sides of loosened soil. 3x widest dimension of root ball SLOPE 5% (20:1) TO 50% (2:1) 3 P:\24015_Orono Car Condo's\CAD\CD's\24015_L1.0-Proposed Landscape Plan.dwg, 9/30/2024 10:35:15 AM, 1:1, LEH162 BUILDING 1 BUILDING 2 BUILDING 3 BUILDING 4 BUILDING 5 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 2 3 4 5 6 7 8 9 10 ORONO INDUSTRIAL BOULEVARD OLD CRYSTAL BAY ROADMNDOT RIGHT OF WAY PLAT NO 27-129 BLOCK 1 LOT 1 15.9 0.1 0.1 0.3 1.2 4.6 8.3 3.6 1.2 1.5 5.2 14.5 12.1 3.6 1.3 2.1 7.5 9.1 2.5 1.2 3.0 10.2 15.4 6.4 1.8 1.4 4.3 13.1 13.5 4.4 1.4 1.7 6.2 15.2 10.5 3.0 1.0 1.7 5.5 7.7 2.7 0.1 0.2 0.4 1.0 2.7 3.9 2.3 1.1 1.4 3.6 7.2 6.4 2.7 1.2 1.8 4.7 7.9 5.4 2.1 1.2 2.4 6.0 7.9 4.3 1.6 1.4 3.2 7.3 7.4 3.3 1.3 1.6 4.3 8.3 6.3 2.3 1.0 1.4 3.3 4.2 1.9 0.5 0.1 0.1 0.3 0.6 1.1 1.6 1.8 1.3 1.0 1.3 2.2 3.1 2.8 1.7 1.2 1.5 2.5 3.3 2.5 1.5 1.2 1.8 2.9 3.2 2.2 1.3 1.3 2.1 3.2 3.1 1.9 1.2 1.4 2.4 3.4 2.8 1.5 0.9 1.0 1.5 1.7 1.0 0.4 0.1 0.1 0.2 0.5 1.3 2.3 2.5 1.8 1.1 1.1 1.8 2.8 2.7 1.9 1.2 1.3 2.1 2.9 2.5 1.7 1.2 1.5 2.4 2.8 2.2 1.4 1.2 1.7 2.5 2.6 1.9 1.3 1.2 1.9 2.6 2.4 1.6 1.1 1.0 1.3 1.3 0.9 0.5 0.2 0.1 0.1 0.2 0.7 2.6 6.0 6.5 3.2 1.3 1.4 3.6 6.8 5.9 2.6 1.3 1.8 4.4 7.0 4.9 2.1 1.3 2.4 5.6 6.7 3.6 1.5 1.4 3.2 5.9 5.6 2.8 1.3 1.6 3.8 6.4 4.9 2.1 1.1 1.5 2.9 2.9 1.3 0.5 0.2 0.1 0.1 0.2 0.9 3.8 12.2 13.6 5.0 1.5 1.6 5.6 14.3 11.6 3.7 1.3 2.1 7.7 15.4 9.0 2.6 1.3 3.3 11.2 15.0 5.7 1.7 1.6 5.0 12.9 12.0 4.3 1.4 1.8 6.4 15.1 9.7 2.8 1.1 2.1 6.5 6.6 2.0 0.5 0.1 0.1 0.2 0.9 3.8 8.4 4.2 1.1 0.6 1.3 5.3 12.9 12.0 4.3 1.1 0.7 1.8 6.9 13.9 10.4 3.1 0.7 0.3 0.6 2.3 8.2 13.1 9.3 2.7 0.6 0.2 0.3 0.7 2.7 9.2 13.2 8.1 2.2 0.5 0.2 0.2 0.7 2.9 7.8 5.2 1.3 0.3 0.1 0.2 0.7 2.2 3.8 2.5 0.9 0.5 1.1 3.2 6.4 6.0 2.8 0.9 0.6 1.4 4.0 6.9 5.5 2.2 0.7 0.3 0.5 1.7 4.7 7.0 5.2 2.0 0.6 0.2 0.2 0.6 2.0 5.5 7.4 4.9 1.7 0.5 0.2 0.2 0.6 2.0 4.2 3.1 1.0 0.3 0.1 0.2 0.4 0.9 1.3 1.0 0.6 0.4 0.7 1.5 2.3 2.3 1.4 0.7 0.5 0.9 1.8 2.5 2.2 1.2 0.5 0.3 0.4 1.0 2.0 2.6 2.1 1.1 0.5 0.2 0.2 0.5 1.1 2.2 2.8 2.1 1.0 0.4 0.2 0.2 0.4 0.9 1.5 1.2 0.6 0.2 0.1 0.1 0.3 0.4 0.5 0.5 0.4 0.4 0.5 0.7 1.0 0.9 0.7 0.5 0.4 0.6 0.8 1.0 0.9 0.6 0.4 0.3 0.3 0.6 0.9 1.0 0.9 0.6 0.3 0.2 0.2 0.3 0.6 0.9 1.0 0.9 0.6 0.3 0.2 0.2 0.3 0.4 0.5 0.5 0.3 0.2 0.1 0.1 0.3 0.5 0.7 0.6 0.4 0.4 0.6 0.9 1.2 1.2 0.8 0.5 0.4 0.6 1.0 1.2 1.1 0.7 0.4 0.3 0.4 0.6 1.0 1.2 1.0 0.7 0.4 0.2 0.2 0.4 0.7 1.1 1.2 1.0 0.6 0.3 0.2 0.2 0.3 0.5 0.6 0.6 0.4 0.2 0.1 0.2 0.5 1.4 2.1 1.5 0.7 0.5 0.9 2.2 3.7 3.3 1.7 0.7 0.5 1.1 2.5 3.8 3.1 1.5 0.6 0.3 0.5 1.2 2.7 3.7 2.9 1.3 0.5 0.2 0.2 0.5 1.3 2.9 3.7 2.6 1.2 0.4 0.2 0.2 0.5 1.2 2.0 1.6 0.7 0.2 0.1 0.2 0.8 2.9 5.7 3.2 1.0 0.5 1.3 4.4 9.3 8.2 3.2 0.9 0.6 1.5 5.2 9.6 7.5 2.6 0.7 0.3 0.5 1.9 6.0 9.2 6.7 2.3 0.6 0.2 0.2 0.6 2.3 6.7 9.3 6.0 1.9 0.5 0.2 0.2 0.6 2.3 5.4 3.8 1.1 0.3 0.1 0.1 0.5 0.4 0.5 0.2 0.1 0.1 0.2 0.3 0.1 0.1 0.1 0.2 0.8 2.9 5.9 3.3 1.0 0.6 1.3 4.6 9.7 8.5 3.2 0.9 0.6 1.6 5.4 10.1 7.7 2.6 0.7 0.3 0.6 2.0 6.4 9.6 6.9 2.3 0.6 0.2 0.3 0.6 2.4 7.1 9.6 6.2 1.9 0.5 0.2 0.2 0.6 2.4 5.7 3.9 1.1 0.3 0.1 0.1 0.2 0.5 1.4 2.2 1.6 0.7 0.5 0.9 2.3 3.9 3.6 1.8 0.8 0.6 1.1 2.6 4.0 3.3 1.6 0.6 0.3 0.5 1.3 2.8 3.9 3.0 1.4 0.5 0.2 0.2 0.5 1.4 3.0 3.9 2.8 1.2 0.4 0.2 0.2 0.5 1.2 2.1 1.7 0.7 0.2 0.1 0.1 0.2 0.3 0.6 0.7 0.6 0.4 0.4 0.6 1.0 1.3 1.3 0.9 0.5 0.5 0.7 1.1 1.3 1.2 0.8 0.4 0.3 0.4 0.7 1.1 1.3 1.1 0.7 0.4 0.2 0.2 0.4 0.7 1.1 1.3 1.1 0.6 0.3 0.2 0.2 0.3 0.5 0.7 0.6 0.4 0.2 0.1 0.1 0.2 0.3 0.5 0.7 0.6 0.4 0.4 0.6 1.0 1.2 1.1 0.8 0.5 0.5 0.6 1.0 1.2 1.1 0.7 0.4 0.3 0.4 0.6 1.0 1.1 1.0 0.6 0.3 0.2 0.2 0.4 0.6 1.0 1.1 0.9 0.6 0.3 0.2 0.2 0.3 0.4 0.6 0.5 0.3 0.2 0.1 0.1 0.2 0.6 1.4 1.9 1.3 0.6 0.5 1.0 2.2 3.4 3.0 1.5 0.7 0.6 1.1 2.3 3.3 2.6 1.3 0.5 0.3 0.5 1.2 2.4 3.1 2.3 1.1 0.5 0.2 0.3 0.5 1.2 2.4 2.9 2.0 0.9 0.4 0.2 0.2 0.4 1.0 1.5 1.2 0.5 0.2 0.1 0.1 0.2 0.8 3.0 5.2 2.8 0.9 0.6 1.4 4.6 8.7 7.2 2.7 0.9 0.6 1.6 5.0 8.5 6.3 2.3 0.7 0.4 0.6 2.0 5.6 7.9 5.5 1.9 0.6 0.2 0.3 0.7 2.3 5.9 7.6 4.7 1.6 0.5 0.2 0.2 0.7 2.2 4.2 2.8 0.9 0.3 0.1 0.1 0.2 0.8 3.7 7.7 3.4 0.9 0.5 1.4 5.7 12.4 9.9 3.2 0.9 0.6 1.8 7.1 13.5 9.3 2.7 0.7 0.4 0.6 2.5 8.7 12.8 8.3 2.4 0.6 0.3 0.3 0.7 3.0 9.9 13.1 7.4 2.0 0.5 0.2 0.3 0.8 3.3 8.2 4.7 1.2 0.3 0.1 0.1 0.1 0.1 0.2 0.9 3.5 6.8 3.3 0.9 0.6 1.6 5.6 11.4 9.1 3.1 0.9 0.7 1.9 6.8 11.9 8.3 2.5 0.7 0.4 0.7 2.5 8.1 11.5 7.6 2.2 0.6 0.2 0.3 0.8 3.0 9.4 11.9 6.8 1.8 0.5 0.2 0.3 0.8 3.1 7.4 4.2 1.0 0.2 0.1 0.1 0.2 0.6 1.7 2.5 1.6 0.7 0.5 1.1 2.8 4.5 3.9 1.9 0.7 0.6 1.3 3.2 4.8 3.7 1.6 0.6 0.4 0.6 1.5 3.6 4.8 3.5 1.5 0.5 0.2 0.3 0.6 1.8 4.0 5.0 3.3 1.3 0.4 0.2 0.2 0.6 1.6 2.8 2.0 0.7 0.2 0.1 0.1 0.2 0.4 0.6 0.8 0.6 0.4 0.4 0.7 1.1 1.5 1.4 0.9 0.5 0.5 0.8 1.3 1.6 1.3 0.8 0.4 0.3 0.4 0.8 1.3 1.6 1.3 0.8 0.4 0.2 0.2 0.4 0.9 1.5 1.7 1.3 0.7 0.3 0.2 0.2 0.4 0.7 0.9 0.7 0.4 0.2 0.1 0.1 0.2 0.3 0.5 0.6 0.5 0.4 0.4 0.6 0.9 1.1 1.0 0.7 0.5 0.4 0.6 0.9 1.1 0.9 0.6 0.4 0.3 0.4 0.6 0.9 1.0 0.9 0.6 0.3 0.2 0.2 0.4 0.6 0.9 1.0 0.8 0.5 0.3 0.2 0.2 0.3 0.4 0.5 0.4 0.3 0.1 0.1 0.1 0.2 0.6 1.2 1.3 0.8 0.5 0.5 0.9 1.7 2.4 2.0 1.1 0.6 0.5 0.9 1.8 2.4 1.9 1.0 0.5 0.3 0.5 1.0 1.9 2.4 1.7 0.8 0.4 0.2 0.2 0.5 1.0 1.8 2.1 1.5 0.8 0.3 0.2 0.2 0.4 0.8 1.1 0.9 0.4 0.2 0.1 0.1 0.3 1.1 3.0 3.6 1.7 0.6 0.5 1.4 4.0 6.7 5.2 2.1 0.7 0.6 1.5 4.3 6.7 4.7 1.7 0.6 0.3 0.6 1.8 4.9 6.7 4.0 1.3 0.4 0.2 0.3 0.6 2.0 4.8 5.9 3.7 1.3 0.4 0.2 0.2 0.6 1.9 3.2 2.2 0.8 0.2 0.1 0.1 0.3 1.5 5.8 7.6 2.6 0.7 0.6 1.7 6.9 14.4 10.1 2.9 0.8 0.6 2.0 7.8 14.8 9.0 2.4 0.6 0.3 0.6 2.5 9.3 15.1 7.2 1.8 0.5 0.2 0.3 0.7 3.1 10.0 13.2 7.2 1.9 0.5 0.2 0.3 0.8 3.3 8.0 4.5 1.1 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Statistics Description Symbol Avg Max Min Max/Min Avg/Min SITE 1.8 fc 15.9 fc 0.0 fc N/A N/A 10' AFG TYP. W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1 A. THE ELECTRICAL EQUIPMENT SHOWN ON THIS SHEET IS DIAGRAMMATICAL IN NATURE AND REPRESENTS APPROXIMATE LOCATIONS IN OR ON SPACE/ROOM/AREA OR EQUIPMENT. CONTRACTOR TO VERIFY THE EXACT LOCATION AND COORDINATE WITH NECESSARY TRADES. GENERAL NOTES: LIGHTING FIXTURE SCHEDULE SYMBOL DESCRIPTION MFR./ CAT. NO.LAMP TYPE INPUT POWER/VOLT REMARKS/ACCESSORIES W1 WET LOCATION -WALL MOUNT LED LITHONIA LIGHTING CAT. NO. WDGE2LEDP240K80CRIVFMVOLTSRMAWSDDBXD LED 15 WATTS (120/277V) 763.559.9100 www.vaaeng.com2300 Berkshire Lane N, Suite 200 Plymouth, MN 55441 VAA, LLC DRAWING NO:PROJECT NO: DRAWING TITLE: CLIENT: PROJECT: SCALE: PRELIMINARY NOT FOR CONSTRUCTION Date Plotted:AS NOTED DATE: DESIGNED: DRAWN: ISSUE/REVISIONDATENO. BY CHECKED:APPROVED: NOTICE: THE DESIGN SHOWN AND DESCRIBED HEREIN INCLUDING ALL TECHNICAL DRAWINGS, DETAILS, DEVELOPMENTS, GRAPHICS AND MODELS THEREOF, ARE THE EXCLUSIVE PROPERTY OF VAA, LLC, AND CAN'T BE COPIED, DUPLICATED, REPRODUCED OR COMMERCIALLY EXPLOITED, IN WHOLE OR IN PART, NOR CAN ANY DERIVATIVE WORK BE MADE UNLESS EXPRESSLY AUTHORIZED IN WRITING BY VAA, LLC. COPYRIGHT VAA, LLC 2024 - ALL RIGHTS RESERVED. DEREK R. SACHS, P.E.44638 9/24/2024 3:33:09 PME001 SITE PLAN - LIGHTING PHOTOMETRICS ORONO GARAGE CONDOS ROB PAGE 240776 CTM CTM DRS DRS 1" = 20'-0"E001 SITE PLAN - LIGHTING PHOTOMETRICS1 PRELIMINARYNOT FORCONSTRUCTION430 OLD CRYSTAL BAY RD ORONO, MN 55356 ROBERT L. PAGE 5840 CLUB VALLEY RD SHOREWOOD, MN 55331 09.24.2024 163 FIRST FLOOR EL 100'-0" T/O WALL EL 118'-0" T/O DORMER EL 124'-3" DOOR AND OH DOOR TRIM PAINTED BLACK , TYP MAN DOOR & FRAME PAINTED BLACK, TYP OH DOOR PAINTED BLACK, TYP HARDIE SMOOTH SURFACE (CHARCOAL) 4'x8' STUCCO TEXTURE PANEL (CHARCOAL) FAUX STONE, MISSION POINT BY VERSETTA ASPHALT SHINGLES (BLACK) FIRST FLOOR EL 100'-0" T/O WALL EL 118'-0" T/O DORMER EL 124'-3" DOOR AND OH DOOR TRIM PAINTED BLACK , TYP MAN DOOR & FRAME PAINTED BLACK, TYP OH DOOR PAINTED BLACK, TYP HARDIE SMOOTH SURFACE PANEL (CHARCOAL) 4'x8' STUCCO TEXTURE PANEL (CHARCOAL) FAUX STONE, MISSION POINT BY VERSETTA ASPHALT SHINGLES (BLACK) FIRST FLOOR EL 100'-0" T/O WALL EL 118'-0" T/O DORMER EL 124'-3" HARDIE SMOOTH SURFACE (CHARCOAL) 4'x8' STUCCO TEXTURE PANEL (CHARCOAL) FAUX STONE, MISSION POINT BY VERSETTA ASPHALT SHINGLES (BLACK) 763.559.9100 www.vaaeng.com2300 Berkshire Lane N, Suite 200 Plymouth, MN 55441 VAA, LLC DRAWING NO:PROJECT NO: DRAWING TITLE: CLIENT: PROJECT: SCALE: PRELIMINARY NOT FOR CONSTRUCTION Date Plotted:AS NOTED DATE: DESIGNED: DRAWN: ISSUE/REVISIONDATENO.BY CHECKED:APPROVED: NOTICE: THE DESIGN SHOWN AND DESCRIBED HEREIN INCLUDING ALL TECHNICAL DRAWINGS, DETAILS, DEVELOPMENTS, GRAPHICS AND MODELS THEREOF, ARE THE EXCLUSIVE PROPERTY OF VAA, LLC, AND CAN'T BE COPIED, DUPLICATED, REPRODUCED OR COMMERCIALLY EXPLOITED, IN WHOLE OR IN PART, NOR CAN ANY DERIVATIVE WORK BE MADE UNLESS EXPRESSLY AUTHORIZED IN WRITING BY VAA, LLC. COPYRIGHT VAA, LLC 2024 - ALL RIGHTS RESERVED. TRAVIS R. BECK, Architect, NCARB 41400 9/26/2024 1:47:14 PMA-A201 EXTERIOR ELEVATIONS ORONO GARAGE CONDOS 430 OLD CRYSTAL BAY RD ORGONO, MN 55356 ROBERT L. PAGE 5840 CLUB VALLEY RD SHOREWOOD,MN 55331 240776 09/27/24 KCL KYV KCL --- 1/8" = 1'-0"A-A201 EAST ELEVATION2 1/8" = 1'-0"A-A201 WEST ELEVATION1 1/8" = 1'-0"A-A201 SOUTH ELEVATION (NORTH ELEVATION SIM)3 A 09-26-24 ISSUE FOR OWNER'S USE KYV EAST & WEST ELEVATIONS OF MIDDLE BUILDINGS WEST ELEVATION OF BUILDING ALONG OLD CRYSTAL BAY NORTH & SOUTH ELEVATIONS OF MIDDLE BUILDINGS FAUX STONE, MISSION POINT BY VERSETTA 164 165 219 6th Avenue East, Alexandria, MN 56308 P:320.759.0764 PRELIMINARY DRAINAGE REPORT Orono Garage Condos Orono, MN September 18, 2024 JN: 24015 Prepared for: Orono Garage Condos 5840 Club Valley Road Shorewood, MN 55331 Contact: Dave Ramsey, Rob Page P: 952.200.6384 Prepared by: Hagstrom Engineering PLLC 219 6th Avenue East Alexandria, MN 56308 Contact: Matt Hagstrom P: 320.759.0764 Matthew R. Hagstrom, PE No. 50731 President 166 Orono Garage Condos – Orono, MN September 18, 2024 Page 2 t 320.759.0764 | 219 6th Avenue East, Alexandria, MN 56308 | www.hagstromeng.com INTRODUCTION The purpose of this Preliminary Drainage Report is to determine the effects of the proposed civil construction design of the Orono Garage Condos (site) within the historic condition, as well as to design proper conveyance for the developed stormwater runoff within the site in accordance with all applicable criteria. I. GENERAL LOCATION AND DESCRIPTION A. Site Location The site analyzed for this report is located in Lot 1, Block 1, Crystal Bay Business Center, Hennepin County, MN. The site falls within the City of Orono as well as the Minnehaha Creek Watershed District (MCWD). The site is bound by Orono Industrial Boulevard on the north, private property on the east, State Highway 12 on the south, and Old Crystal Bay Road N on the west. See Appendix A for the vicinity map. B. Description of Property The historic site analyzed in this report contains grassed areas and trees totaling 4.89 acres with 0 acres of impervious surfaces. With the proposed construction, the total disturbed area of the site will be over 1 acre with 3.87 acres impervious surfaces. According to the Natural Resources Conservation Service, three soil types exist within the site. The soil types are Cordova loam, 0 to 2 percent slopes, Le Sueur loam, 1 to 3 percent slopes, and Hamel-Glencoe complex, 0 to 2 percent slopes all belonging to Hydrologic Soil Group (HSG) C. Soils within HSG C are defined as having a slow infiltration rate when thoroughly wet. Refer to Appendix A for the soils report and map. The historic site drains to three locations – south to an existing ditch, to the middle of the site where an existing ditch draining south is located, and to the east as sheet flow. All drainage ultimately reaches the ditch south of the site that runs east. Slopes on site range from 1.5 percent to 45 percent. The historic site is 0% impervious and was broken into three drainage basins, each allowing runoff to flow to a different location. Under existing conditions, stormwater runoff from the north is routed onto the site, contributing to the middle ditch running south. Under proposed conditions, this contribution will be re-routed to an existing storm sewer stub on the east side of the site, routing the runoff around the site. No other offsite basins were analyzed as stormwater runoff from offsite is routed around the site. 167 Orono Garage Condos – Orono, MN September 18, 2024 Page 3 t 320.759.0764 | 219 6th Avenue East, Alexandria, MN 56308 | www.hagstromeng.com With the proposed design, runoff will generally follow historic drainage patterns by ultimately discharging to the south. A regional drainage facility is located approximately 0.18 miles to the east of the site, which will provide detention for all storm frequency events. A water quality pond will be implemented on site to account for the increased site impervious per Minnesota Pollution Control Agency criteria. See below for detailed description of the proposed drainage system and Appendix C for historic and proposed drainage maps. There are no waters within one mile of the site that have an EPA -approved impairment, therefore no additional best management practices or plan review for compliance with the NPDES/SDS construction permit is required. See Appendix A for impaired waters map. There are no wetlands that exist on the site. There are no other protected areas known to exist on the site. C. Adjacent Areas There are no existing access points to the site. An apron will be constructed under proposed conditions creating an access from Orono Industrial Boulevard. This site is located on FEMA FIRM Map Number 27053C0302F and is shown within Zone X which indicates that there are no floodplains located on the site. Refer to Appendix A for the FIRMette. II. DRAINAGE BASIN A. Major Drainage Basin All stormwater runoff from impervious areas on site will be routed to the proposed water quality control volume (WQCV) pond. For preliminary analysis, the following calculation was completed to size the pond: WQCV = 1” x New Impervious Area = 1” x 3.87 acres = 14,027 cubic feet Larger storm events will be routed downstream where they will be treated by the existing regional facility. Please see the appendices for the Proposed Drainage Map. III. DRAINAGE DESIGN CRITERIA A. Regulations This drainage report has been prepared in conformity with the City of Orono, the Minnehaha Creek Watershed District, and the Construction Stormwater General Permit for the State of Minnesota. 168 Orono Garage Condos – Orono, MN September 18, 2024 Page 4 t 320.759.0764 | 219 6th Avenue East, Alexandria, MN 56308 | www.hagstromeng.com B. Hydrologic and Hydraulic Criteria and Design Preliminary storm frequencies analyzed for the site include the water quality control volume. During the water quality event, runoff will be routed overland to areas as described in Section II above. For preliminary design, no analysis of larger storm events was completed as it is assumed the regional facility downstream of the site will provide detention and treatment for larger event stormwater runoff from the site. IV. DRAINAGE FACILITY DESIGN A. General Concept Proposed drainage for the site will generally follow historic drainage patterns. Runoff in each basin is described in Section II above. B. Specific Details The proposed construction will include demolition of trees and construction of five garage condos, bituminous parking and drive lanes, concrete v-pans, utilities, and a drainage facility. Refer to the existing and proposed hardcover worksheets in the appendices. V. RISK ASSESSMENT In a catastrophic event, all stormwater will overtop the water quality pond and drain to the south, following historic drainage patterns. The FFE of all buildings is greater than 1’ above the pond overflow elevation. 169 Orono Garage Condos – Orono, MN September 18, 2024 Page 5 t 320.759.0764 | 219 6th Avenue East, Alexandria, MN 56308 | www.hagstromeng.com VI. REFERENCES 1. Authorization to Discharge Stormwater Associated with Construction Activity under the National Pollutant Discharge Elimination System/State Disposal System Program, MNR100001, Minnesota Pollution Control Agency, August 1, 2023. 2. Natural Resources Conservation Center Web Soil Survey, United States Department of Agriculture, site accessed September 18, 2024. 3. Flood Insurance Rate Map FIRMette, Map Number 27053C0302F, Federal Emergency Management Agency, exported September 18, 2024. 170 t 320.759.0764 | 219 6th Avenue East, Alexandria, MN 56308 | www.hagstromeng.com APPENDIX A 171 SITE OLD CRYSTAL BAY RD NWAYZATA BLVD WILLOW DRIVE NSTATE HWY 12 N.T.S. VICINITY MAP ORONO GARAGE CONDOS 172 Hydrologic Soil Group—Hennepin County, Minnesota (Orono Garage Condos) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/16/2024 Page 1 of 44981500498153049815604981590498162049816504981680498171049815004981530498156049815904981620498165049816804981710453100453130453160453190453220453250453280453310453340453370453400453430 453100 453130 453160 453190 453220 453250 453280 453310 453340 453370 453400 453430 44° 59' 14'' N 93° 35' 42'' W44° 59' 14'' N93° 35' 26'' W44° 59' 7'' N 93° 35' 42'' W44° 59' 7'' N 93° 35' 26'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 15N WGS84 0 50 100 200 300 Feet 0 20 40 80 120 Meters Map Scale: 1:1,550 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. 173 MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Rating Polygons A A/D B B/D C C/D D Not rated or not available Soil Rating Lines A A/D B B/D C C/D D Not rated or not available Soil Rating Points A A/D B B/D C C/D D Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:12,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Hennepin County, Minnesota Survey Area Data: Version 19, Sep 10, 2023 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jun 29, 2023—Sep 13, 2023 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Hydrologic Soil Group—Hennepin County, Minnesota (Orono Garage Condos) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/16/2024 Page 2 of 4 174 Hydrologic Soil Group Map unit symbol Map unit name Rating Acres in AOI Percent of AOI L23A Cordova loam, 0 to 2 percent slopes C/D 5.5 53.4% L25A Le Sueur loam, 1 to 3 percent slopes C/D 4.3 41.7% L45A Dundas-Cordova complex, 0 to 3 percent slopes C/D 0.1 0.8% L132A Hamel-Glencoe complex, 0 to 2 percent slopes C/D 0.4 4.1% Totals for Area of Interest 10.2 100.0% Hydrologic Soil Group—Hennepin County, Minnesota Orono Garage Condos Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/16/2024 Page 3 of 4 175 Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Hydrologic Soil Group—Hennepin County, Minnesota Orono Garage Condos Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/16/2024 Page 4 of 4 176 Orono Garage Condos MPCA Construction Stormwater Special Waters Search within 1 mile of site There are no waters within one mile of the site that have an EPA-approved impairment, therefor no additional best management practices or plan review for compliance with the NPDES/SDS construction permit is required. 177 National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 9/18/2024 at 1:03 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 93°35'53"W 44°59'24"N 93°35'15"W 44°58'58"N Basemap Imagery Source: USGS National Map 2023 178 t 320.759.0764 | 219 6th Avenue East, Alexandria, MN 56308 | www.hagstromeng.com APPENDIX B 179 180 181 PROJECT :Orono Garage Condos DATE :9/18/2024 PROJECT NO. :24015 BY :LEH Required Volume New Impervious Area (ac) 3.86 WQCV = 14,027 cu-ft WQCV = 0.32 ac-ft [ WQCV = (1"/12) *(Impervious Area) ] Provided Volume Contour Elevation 1020.00 1021.00 1022.00 1023.00 1024.00 WSEL Depth (ft) WQCV =1021.64 1.64 3,914 0 0.00 13,717 9,741 11,672 18,282 0.42 6,610 6,610 0.15 WQCV Calculations Ft2 1/3 (A1 + A2 + (A1A2)1/2) D Total Volume (ft3)Total Volume (ac-ft) 22,855 0.52 4,572 22,855 0.52 0 182 t 320.759.0764 | 219 6th Avenue East, Alexandria, MN 56308 | www.hagstromeng.com APPENDIX C 183 ORONO INDUSTRIAL BOULEVARD OLD CRYSTAL BAYROADBLOCK 1 LOT 1 MNDOT RIGHT OF WAY PLAT NO 27-129 WJM PROPERTIES LLC PID: 3311823130015 EX. BOUNDARY EX. BOUNDARY 1027 10261028 1026102 6 1 0 2 71027 102610291027102710261 0 2 0 1 0 2 1 1020 1018 1019 1016 1020 1018 1015 1014101810191021102210231023102510241026 1020H3 2.02 AC X X 18.4% 16.7% 19.4%9.7%4 . 0%2.2%4.0% 1.3% 1 . 5%1.1%7. 2% 1.5% 1.9% 1.7% 2.2%1.1%2.5% 1 . 4%7.9%H1 1.68 AC X X H2 1.19 AC X X I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date: Job No.: FOR AND ON BEHALF OF HAGSTROM ENGINEERING PLLC Checked By:811 CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. CALL GOPHER STATE ONE CALL BENCHMARK:ByDateDescription of RevisionsNo.Sheet of D C B A 54321 219 6TH AVENUE EAST ALEXANDRIA, MN 56308 P.320.759.0764 WWW.HAGSTROMENG.COM HAGSTROM ENGINEERING CIVIL ENGINEERS | LAND CONSULTANTS CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT DR2DR1 NOT FOR CONSTRUCTIONDR1ORONO GARAGE CONDOSSITE PLANEXISTING DRAINAGE MAP09/18/2024 24015 LEHMRH0 SCALE: 1" = ORIGINAL GRAPHIC SCALE 15 30 60 30' 1410 1409 EXISTING 5' CONTOUR EXISTING 1' CONTOUR LEGEND EXISTING STORMSEWER PROPERTY BOUNDARY FLOW DIRECTION & GRADE DRAINAGE BASIN DESIGN POINT A = DEVELOPED BASIN DESIGNATION B = BASIN AREA (ACRES) C = 2 YEAR COMPOSITE RUNOFF COEFFICIENT D = 100 YEAR COMPOSITE RUNOFF COEFFICIENT A B C D 2.00% 184 ORONO INDUSTRIAL BOULEVARD OLD CRYSTAL BAYROADBLOCK 1 LOT 1 MNDOT RIGHT OF WAY PLAT NO 27-129 WJM PROPERTIES LLC PID: 3311823130015 ORONO PRESERVE DEVELOPMENT PROPOSED IMPROVEMENTS SHOWN AS EXISTING EX. BOUNDARY EX. BOUNDARY 1026102510271025 1024 1022 102110201024102510241 0 2 3 1022 1021 1024 10251026 1027 102610261025 1026 1026102610251025 1023 1020 1027 10261028 1026102 6 1 0 2 71027 102610291027102710261 0 2 0 1 0 2 1 1020 1018 1019 1016 1020 1018 1015 1014101810191021102210231023102510241026 PROPOSED BUILDING 1 FFE = 1026.62 PROPOSED BUILDING 2 FFE = 1026.62 PROPOSED BUILDING 3 FFE = 1026.13 PROPOSED BUILDING 4 FFE = 1025.42 PROPOSED BUILDING 5 FFE = 1024.71 1025.97 ME 1025.60 ME 10201024102 2 1021 A1 4.46 AC X X PROPOSED WATER QUALITY POND PROPOSED OUTLET STRUCTURE 4.4% 3.3% 4.2% 3.6% 4.5% 5.2% 4.3% 5.4% 8.0% 3.6% 3.0% 8.2% 7.3% 4.4% 4.2% 8.1%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5% 2.0% 2.0% 2.0% 2.0% 2.0%2.0% 2.0% 2.0%2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0%10.0%10.0% 10.0% 10.0%10.0%25.0%25.0% 25.0%25.0%24.4%33.0%33.1%10.1%38.3%29.6%22.4%2.1%2.1%2.1%2.1%2.1%2.1%8.6%10.4% 2.2%2.1%2.1%2.1%2.1%2.1%3.8 %1.0%29.6%31.4%2.1%2.1%2.1%B1 0.43 AC X X I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date: Job No.: FOR AND ON BEHALF OF HAGSTROM ENGINEERING PLLC Checked By:811 CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. CALL GOPHER STATE ONE CALL BENCHMARK:ByDateDescription of RevisionsNo.Sheet of D C B A 54321 219 6TH AVENUE EAST ALEXANDRIA, MN 56308 P.320.759.0764 WWW.HAGSTROMENG.COM HAGSTROM ENGINEERING CIVIL ENGINEERS | LAND CONSULTANTS CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT DR2DR2 NOT FOR CONSTRUCTIONDR2ORONO GARAGE CONDOSSITE PLANPROPOSED DRAINAGE MAP09/18/2024 24015 LEHMRH0 SCALE: 1" = ORIGINAL GRAPHIC SCALE 15 30 60 30' 1410 1409 EXISTING 5' CONTOUR EXISTING 1' CONTOUR LEGEND EXISTING STORMSEWER PROPERTY BOUNDARY FLOW DIRECTION & GRADE DRAINAGE BASIN DESIGN POINT A = DEVELOPED BASIN DESIGNATION B = BASIN AREA (ACRES) C = 2 YEAR COMPOSITE RUNOFF COEFFICIENT D = 100 YEAR COMPOSITE RUNOFF COEFFICIENT 1410 1409 PROPOSED 5' CONTOUR PROPOSED 1' CONTOUR PROPOSED STORMSEWER A B C D EXISTING TYPICAL EX. TYP. 2.00% 185 186 187 188 189 190 Created: 2024-07-18 07:35:45 [EST] (Supp. No. 21, Update 3) Page 1 of 41 Sec. 78-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in this section, the words and phrases used in this chapter shall have the meanings given to them in chapter 82. Accessory dwelling unit (ADU) means a subordinate habitable dwelling unit, which has its own basic requirements of shelter, heating, cooking and sanitation, which is attached or detached from a single family dwelling. Accessory use, building, or structure means a use, building, or structure subordinate to and serving the principal use or building on the same lot and customarily incidental to the principal use or building. Agriculture means the utilization of land by raising plants, trees or shrubs or the raising of domestic animals or fowl, or both, for the purpose of selling to secure a profit. Airport and heliport mean any land, water or structure which is used or intended for use for the landing or takeoff of aircraft, and any appurtenant land structure used or intended for use for port buildings or other port structures or right-of-way. Alley means a public right-of-way which affords a secondary means of access to abutting property. Amusement center means a business at one location devoted primarily to the operation of amusement machines as described below and open for public use and participation; or locations with four or more amusements machines and open for public use and participation. Amusement machine means a mechanical amusement device of any of the following types: (1) A machine or electronic contrivance, including "pinball" machines, mechanical miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, miniature mechanical and electronic devices and games or amusements patterned after baseball, basketball, hockey or similar games and like devices, machines or games which may be played solely for amusement and not as a gambling device and which devices or games are played by the insertion of a coin or coins or at a fee fixed and charged by the establishment in which such devices or machines are located, and which contain no automatic payoff devices for the return of money, coins, merchandise, checks, tokens or any other thing or item of value; provided, however, that such machine may be equipped to dispense nominal prizes, such as candy or toys, or coupons or tokens redeemable for such prizes. The term does not include coin-operated music machines. (2) Amusement devices designed for and used exclusively as rides by children, such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses and other miniature mechanical devices, not operated as a part of or in connection with any carnival, circus, show, or other entertainment or exhibition. Animal unit means, for one animal unit equivalency, one cow or steer; one horse, donkey alpaca, or llama; two pigs, three sheep or goats; or 25 fowl. Antenna means any of the following uses, which require an antenna and are subject to the regulations of this chapter: (1) Antenna, personal wireless service, means a device consisting of a metal, carbon fiber, or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves, including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services, including the support structure. 191 Created: 2024-07-18 07:35:45 [EST] (Supp. No. 21, Update 3) Page 2 of 41 (2) Antenna, radio and television receiving, means a wire, set of wires, metal or carbon fiber elements, other than satellite dish antennas, used to receive radio, television or electromagnetic waves, including the supporting structure. (3) Antenna, satellite dish, means a device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include but is not limited to what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and their support structures. (4) Antenna, shortwave radio transmitting and receiving, means a wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for shortwave radio communications, including the supporting structure. Antenna support structure means any building or other structure other than a tower which can be used for location of antennas. Antenna tower means a self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas. Apiary means a collection of hives or colonies of honeybees kept for their honey. Auto reduction yard means a lot or yard where two or more licensed motor vehicles or their remains are kept for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandonment. Automobile repair, major, means general repair, rebuilding of trailers, including body work, framework and major painting service. Automobile repair, minor, means the replacement of any part or repair of any part which does not require the removal of the engine head or pin, engine, transmission or differential; incidental body and fender work; and minor painting and upholstering service when such service is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross rating. Barber shops and beauty shops means a commercial establishment offering cosmetology services which may include hair cutting, coloring, or styling, make-up application or consultation, manicures, and pedicures, and/or which may offer therapeutic massage and body and/or facial treatments such as body packs or wraps, exfoliation, cellulite or heat treatments, body toning, waxing, tanning, aromatherapy, cleansing or medical facials, non-surgical face lifts and other non-surgical cosmetic procedures, electrical toning and electrolysis. Hydrotherapy and steam or sauna facilities, nutrition and weight management, and exercise instruction may be provided in conjunction with such therapeutic massage and body and/or facial treatments. Boardinghouse means a building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed eight persons. Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel; and when the structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building. Building footprint means the outline of the total area covered by a building's perimeter at the ground level (to the block/foundation). (1) Carports, covered porches and other similar building features which have no exterior walls shall be included as part of a building footprint by drawing a straight line between the outer edges of all support structures (and the main building if applicable). 192 Created: 2024-07-18 07:35:45 [EST] (Supp. No. 21, Update 3) Page 3 of 41 (2) The outer edge of building protrusions, bay windows or other similar features that extend outward from a building and are less than four feet from the ground shall be considered as part of the building footprint. Building height means the vertical distance between the highest existing ground level or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch-type roof, or the median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. Bulk station means distributors' warehouses for materials which are stored in tanks above ground in aggregate capacity on the site of 6,000 gallons or more. Camp means a parcel of land with permanent buildings, tents or other structures together with appurtenances thereon, established or maintained as living quarters where both food and lodging or facilities therefore are provided for ten or more people, operated continuously for a period of five days or more each year for educational, recreational, or vacation purposes, and the use of the camp or participation in its programs are provided to adults and/or children free of charge or for payment of a fee. This definition does not include cabin and trailers camps, fishing and hunting camps, resorts, penal and correctional camps, industrial and construction camps, nor does it include homes operated for care or treatment of children and for the operation of which a license is required by state law or structures used as a dwelling. Carport means an automobile shelter having one or more sides open. Cellar means that portion of the building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground. City means the City of Orono, Minnesota. Clean fill means all native soils as described in the Unified Soils Classification System. Organic, manmade and reprocessed materials, topsoil and rocks larger than 0.25 cubic yard (2.9 feet diameter) shall not be considered clean fill. Clinic for human care on an outpatient basis only means a place where a group of licensed medical practitioners provide medical treatment or advice on an outpatient only basis. Columbarium means a repository for the interment of cremated human remains within cinerary urns, including the burial of cremated human remains within cinerary urns or inurnment gardens for the burial or scattering of cremated human remains. Columbaria are accessory to places of worship, cemeteries or mausoleums. Commercial kennel means any premises where three or more domestic animals over six months of age are owned, boarded, bred or offered for sale. Commercial operations means operations where business is conducted by the sale or exchange of goods and/or services on the site for money or other valuable consideration. Commercial recreation means indoor amusement centers, bowling alleys, billiard halls, miniature golf, roller and ice skating rinks, driving ranges, movie theaters, gyms, swimming pools, and sports and health facilities. No commercial recreation use shall take place outside of an enclosed building. An air-supported structure shall not be considered a building for purposes of this section. As used in this ordinance, commercial recreation does not include an adult use defined in section 78-1377b., any use involving the discharge of a firearm, a class II restaurant that provides live entertainment, or any permitted or conditional use in the B-2 district. Cornice means any horizontal decorative molding that crowns a building or wall. County dock means a dock owned and operated by Hennepin County for the sole purpose of facilitating lake to ground transportation of patrons in emergency or law enforcement situations. 193 Created: 2024-07-18 07:35:45 [EST] (Supp. No. 21, Update 3) Page 4 of 41 Curb cut means the opening along a street curb line or pavement edge for the purpose of motor vehicle ingress and egress from a roadway. Curb cut width shall include the width of the driveway approach and of the curb returns, if any. Dog boarding means indoor overnight boarding services for more than three dogs aged greater than six months. Dog daycare means indoor daycare services for more than three dogs aged greater than six months. Dog grooming means a premises where pet grooming services such as bathing, teeth cleaning, haircuts, and nail polishing and trimming are provided. Driveway means a paved or otherwise delineated area on private property for the operation of automobiles and other vehicles. Dry buildable means that portion of the lot not encumbered by the waters of a duly recorded lake or river, wetlands, bluffs, or slopes steeper than 30 percent. Dwelling means a building or part of a building containing independent living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one family, intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins or trailer coaches. A dwelling shall not be interpreted to include lodging rooms. Dwelling, attached, means a dwelling which is joined to another dwelling at one or more sides by a party or fire wall or walls. Dwelling, detached, means a dwelling which is entirely surrounded by open space on the same lot. Engineered grade means the elevation of the ground, or any paving or sidewalk built upon it, which has been established on the basis of an engineered grading and drainage plan for the property that has been reviewed and approved by the city for the property. Essential services means the erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings. Existing ground level means the elevation of the grade at the base of an existing structure, measured at points abutting the foundation wall, or the natural grade of a vacant lot or the engineered grade established by an approved grading plan at the time of final platting or interim use permit. Family means any number of individuals generally, but not necessarily, related by blood or marriage, living together at one location maintaining a common household as a single, nonprofit housekeeping unit, as distinguished from a group occupying a boardinghouse or rooming house, hotel or motel. Family dwelling, multiple, means any structure made up of two or more attached dwellings. Farm animals means cattle, horses, mules, sheep, goats, llamas, alpacas, swine, ponies, ducks, geese, turkeys, chickens or guinea hens. Garage, private, means a detached accessory building or portion of the principal building, including a carport, which is used for storing passenger vehicles, and trailers. Hardcover means a hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Hardcover shall include but not be limited to the following: all building footprints, driveways, sidewalks, stepping stones, retaining walls, patios, courts (sport, tennis, etc.), decks, pools, areas used for the extended outdoor storage of vehicles or equipment, and all other similar features or surfaces as determined by the city engineer or city planner. 194 Created: 2024-07-18 07:35:45 [EST] (Supp. No. 21, Update 3) Page 5 of 41 Home occupation means any gainful occupation carried out by the occupant of a residential dwelling unit that occurs within the principal or accessory building on the property and does not change the primary residential use of the property. Level 1 and level 2 home occupations shall be as defined in [section] 78-1376. Hotel means a building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. In-kind, when used in the context of replacement of a non-conforming building or structure, means the replacement of a building or structure completely within the limits (location, height, width, and depth) of the previous building or structure. Junkyard means an area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. Library, public, means a library operated by Hennepin County; or a nonprofit library intended for use by the general public. Local street means a residential street maintained by the city and which is not defined as a state highway, county highway, collector, arterial, or a municipal state aid street. Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or wetland or area which has been dedicated as public right-of-way. Lot, back, means a lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be a back lot when the corridor is platted as an outlot. A separated lot is considered to be a flag lot when the corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the separated lot is considered to be an easement back lot. Lot, corner, means a lot situated at the junction of, and abutting on, two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. Lot coverage means the total square footage of all building footprints and structures on a parcel. Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot. Lot, front, means a lot abutting a public or private road, across which an outlot has been platted for access to a back lot. Lot, interior, means a lot other than a corner lot. Lot line means the property line bounding a lot; except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line. Lot line, front, means that boundary of a lot which abuts an existing or dedicated public or private street, and in the case of a corner lot it shall be the shortest dimension on a public or private street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed in the office of the building inspector. Lot line, rear, means that boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the 195 Created: 2024-07-18 07:35:45 [EST] (Supp. No. 21, Update 3) Page 6 of 41 lot, parallel to and at the maximum distance from the front lot line. On a lakeshore lot, the rear lot line is the lot line that is opposite the natural ordinary high water mark at the lakeshore. Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line. Lot, lot of record, means any lot for which a deed or registered land survey has been recorded in the office of the Register of Deeds or the Registrar of Titles for Hennepin County prior to January 1, 1975, and after approval by the council if required. Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this chapter. Lot width means the horizontal distance between side lot lines measured at the following locations: (1) For lots which do not abut a lake or tributary, at the rear of the required front yard, measured parallel to the front lot line. (2) For lots which abut a lake or tributary, at the shoreline measured in a straight line between the points at which the side lot lines intersect the OHWL, and at the required structure setback from the OHWL, measured in a straight line between the points of intersection of the side lot lines with the structure setback line. Manufactured home or mobile home means any type of structure or vehicle which can be readily adapted to or does provide facilities for a person to eat or sleep which is mounted on wheels, has provisions for wheels, or may be loaded on an ordinary flatbed truck, such as a house trailer, converted bus or truck, tent or small building. Motor court, motor hotel, and motel mean a building or group of buildings other than a hotel used primarily as a temporary residence. Motor freight terminal means a building or area in which freight brought by motor truck or railroad is transferred and/or stored for movement in intrastate shipment by motor truck. Municipal buildings or facilities means only those structures owned and operated by the city. Natural grade means the elevation of the ground surface in its natural state, prior to excavation or filling. Nonconforming structure means any structure legally existing upon January 1, 1975, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this chapter. Nonconforming use means use of land, buildings or structures legally existing on January 1, 1975, which does not comply with all the regulations of this chapter or any amendments to it governing the zoning district in which such use is located. Noxious matter or materials means material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals. Nursery, day, means a use where care is provided for pay for three or more children under kindergarten age for periods of four hours or more per day. Office means a commercial land use involving predominantly administrative, clerical, or professional operations. Commercial offices may include professional administrative training, but shall not include direct retail commercial transaction activities. Office—Showroom means a commercial land use that is comprised of offices and other indoor floor area in which large or bulk goods are both on display and being warehoused in the same space. Examples of such uses commonly include furniture, building materials, or other similar uses. Characteristics of such uses include a lack of other on-site warehousing. Office—Showroom shall not include direct, on-site retail transactions to the end consumer. 196 Created: 2024-07-18 07:35:45 [EST] (Supp. No. 21, Update 3) Page 7 of 41 Office—Warehouse means a commercial land use that is comprised of offices and other indoor space in which materials and equipment are being stored for shipping to other locations for eventual resale or use. Office— Warehouse does not include on-site retail transactions or display. OHWL means ordinary high water level Outdoor storage means the keeping of materials or equipment on a parcel of land for the purpose of transporting, using or employing such materials or equipment at a future date at another location, either on- or off-site. The keeping of motorized vehicles for more than 24 hours, or other equipment that is not capable of self- powered movement (such as trailers), shall be included in this definition. Parking means the keeping of passenger automobiles and light trucks for a temporary period (usually less than 24 hours) in a space designated and improved for such use according to the requirements of the Zoning Ordinance. Parking does not include storage. Pasture means open, non-treed land containing vegetation which can support grazing by horses, cattle or other domestic animals. Calculations of minimum pasture acreage for the keeping of farm animals shall not include any land defined as a wetland or wetland buffer under section 78-1602. Performance standards means criteria established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. Permeable lining (landscaping fabric) means a porous material used for weed prevention that allows storm water to permeate into the ground. Pervious paver means concrete, asphalt or similar blocks with holes of some kind that allow water to go through the surface into a specialized aggregate base—consistent of an open-graded aggregate—and into the soils below. Pervious surface means naturally occurring groundcover or a variety of types of pavement, pavers and other devices that provide stormwater infiltration while serving as a structural surface. Place of worship means a building or space that is principally used as a place where people of the same faith or religion regularly assemble for worship. Place of worship does not include community education or art centers, schools, instructional centers, daycare facilities, family day shelters, conservatories, convention centers, libraries, museums, residential dwellings, recreational and entertainment facilities, theaters or social service distribution facilities. Planning commission means the City of Orono Planning Commission. Public service structures means underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories, but not including buildings or major structures located above ground level. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. Restaurants (class I) means a restaurant in which food is served to the customer and consumed by him while seated at a counter or table, and the restaurant does not serve intoxicating liquor or provide live entertainment. Food is selected by a customer while going through a serving line and taken to a table for consumption. Restaurants (class II) means fast food convenience, drive-in and liquor service restaurants; a restaurant where a majority of customers order and are served their food at a counter in packages prepared to leave the premises, or to be taken to a table, counter, automobile or off the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served; or restaurants which serve intoxicating liquor or have live entertainment. 197 Created: 2024-07-18 07:35:45 [EST] (Supp. No. 21, Update 3) Page 8 of 41 Retaining wall means a structure designed to hold back and prevent lateral movement of earth. Two or more abutting boulders, 24 inches in diameter or greater, placed to hold back the earth are considered to be a retaining wall. Landscape edging, less than six inches tall, is not considered a retaining wall. Riding academy means a building, structure or other facility which is used for the instruction and training in the care and handling of horses, mules, donkeys or ponies for a fee or other valuable consideration. Shelter, fallout or blast, means a structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, blasts, air raids, storms or other emergencies. Sign means any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person when displayed or placed outside in view of the general public, and shall include every detached sign. Sign, advertising (billboard), means a sign which directs attention to a business, community service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed. Sign, business, means a sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered on the premises on which such sign is located or to which it is affixed. Sign, business, temporary, means a sign permitted for a limited period of time used to advertise or promote the interests of a single- or multi-use commercial or industrial use. A temporary sign may be attached to a principal structure or detached. Such signage shall include mobile/message board signs, banners and balloons that meet all applicable federal and state standards. Sign, flashing, means an illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times in which such sign is in use. Sign, gross area of, means the area within the frame, which shall be used to calculate the square feet; except that the width of the frame exceeding 12 inches shall constitute advertising space; or should such letters or graphics be mounted directly on a wall or fascia or in any such way as to be without a frame, the dimensions for calculating the square footage shall be the area extended six inches beyond the periphery formed around such letters or graphics bounded by straight lines connecting the outermost points; and each surface utilized to display a message or to attract attention shall be measured as a separate sign. Sign, illuminated, means any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. Sign, nameplate, means any sign which states the name or address or both of the business or occupant of the lot where the sign is placed or may be a directory listing the names, addresses and business of occupants. Sports and health facility means a facility where members or nonmembers pay a fee to use equipment or space for the purpose of physical exercise or training. A sports and health facility may include aerobics, weight training, muscular exercise programs, yoga, Pilates, court games, jogging, or other similar activities. It may provide as an accessory use personal services to patrons, including but not limited to therapeutic massage, tanning, saunas, and whirlpools. Stable or barn, private, means a building or structure used or intended to be used for the keeping of hoofed animals belonging to the occupant of the property, and kept for noncommercial purposes. Stable or barn, public, means a building or structure used or intended to be used for housing of horses, mules, donkeys or ponies which are owned by those other than the occupant of the property, where animals may be rented for a fee for riding purposes or where riding lessons may be provided. Stock farm means a parcel of land comprising an area of ten acres or more that is used to house and feed any number of farm animals when such farm animals are kept for profit. 198 Created: 2024-07-18 07:35:45 [EST] (Supp. No. 21, Update 3) Page 9 of 41 Stockpiling means on-site storage of ten cubic yards or more of soil and/or aggregate in a concentrated state where the material is intended to be distributed throughout the site or exported from the site. Street means a dedicated public right-of-way not less than 50 feet in width which affords a primary means of access to abutting property. Street or road, private, means any private way set aside as a permanent right-of-way for vehicular access 50 feet or more in width. Structure means anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground, land or water, or attached to something having a location on the ground, land or water. Study and research center means one or more structures, together with the land used in connection therewith, whether contiguous or standing separately, including any building used as a temporary or permanent residence, or a park, nature or playground area, owned or operated by one or more nonprofit charitable, scientific or educational organizations, and used primarily as a center for study, learning, research or educational oriented conferences. Use means the purpose or activity for which the land or building is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the performance standards of this chapter. Use, conditional, means those occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning use district which, for their respective conduct, exercise or performance in such designated use districts, may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, or regulations in such use district for the promotion or preservation of the general public welfare, health, convenience or safety in such use and in the city and, therefore, may be permitted in such use district only by a conditional use permit, which is designed to meet the problem that arises where certain uses, although generally compatible with the basic use classification of a particular zone, should not be permitted to be located as a matter of right in every area included within the zone because of hazards inherent in the use itself or special problems which its proposed location may represent. Use, permitted, means a use which may be lawfully established in a particular district, provided it conforms with all requirements, regulations and performance standards (if any) of such districts. Use, principal, means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional. Use, secondary, means a use of land or of a building or a portion which is subordinate to and does not constitute the primary use of the land or building. Wholesale greenhouse means an area, building or structure used for the storage, cultivation or transplantation of live trees, shrubs or plants that are not offered for retail sales on the premises. Yard means a required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this chapter. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Yard, front, means a yard extending across the front of a lot between the side yard lines and lying between the front street line of the lot and the required front yard setback line, which front yard shall be provided on both street frontages of corner lots and double-frontage lots. A lakeshore lot shall not be considered as having a front yard, but rather shall be considered as having a lakeshore yard on one side of the building and a rear yard on the other side of the building. 199 Created: 2024-07-18 07:35:45 [EST] (Supp. No. 21, Update 3) Page 10 of 41 Yard, lakeshore means a yard lying between the natural ordinary high water mark of a public water and a line parallel to it at the Shore Setback. Yard, rear, means a yard lying between the required rear yard setback line and rear line of the lot, for the full width of the lot. On a lakeshore lot, the rear yard shall be the yard which fronts on the street lying between the street line of the lot and the required rear yard setback line. Yard requirements means those requirements which relate exclusively to the size of yard areas when such are required within specific zoning districts. Yard, side, means a yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. Yard, side street, means a side yard abutting a side street. (Code 1984, § 10.02; Ord. No. 94 2nd series, § 1, 5-13-1991; Ord. No. 97 2nd series, § 1, 8-26-1991; Ord. No. 101 2nd series, § 2, 2-24-1992; Ord. No. 122 2nd series, § 1, 12-13-1993; Ord. No. 161 2nd series, § 1, 6-7-1997; Ord. No. 221 2nd series, § 2, 9-23-2002; Ord. No. 18 3rd series, §§ 1, 2, 9-27-2004; Ord. No. 28 3rd series, § 2, 8-22- 2005; Ord. No. 32 3rd series, § 1, 3-27-2006; Ord. No. 37 3rd series, §§ 1, 2, 2-12-2007; Ord. No. 47 3rd series, § 1, 7-28-2008; Ord. No. 52 3rd series, § 1, 11-24-2008; Ord. No. 68 3rd series, § 3, 2-8-2010; Ord. No. 75 3rd series, § 2, 7-12-2010; Ord. No. 79 3rd series, § 1, 11-8-2010; Ord. No. 82 3rd series, § 1, 12-13-2010; Ord. No. 90 3rd series, § 1, 12-12-2011; Ord. No. 94 3rd series, § 1, 9-24-2012; Ord. No. 100 3rd series, § 9, 2-25-2013; Ord. No. 106 3rd series, § 26, 6-10-2013; Ord. No. 139 3rd series, § 2, 2-23-2015; Ord. No. 150 3rd series, § 1, 6-8-2015; Ord. No. 156 3rd series, § 1, 8-10-2015; Ord. No. 160 3rd series, § 1, 11-9-2015; Ord. No. 167 3rd series, § 1, 4-11-2016; Ord. No. 170 3rd series, § 1, 6-13-2016; Ord. No. 173 3rd series, § 1, 6-27-2016; Ord. No. 206 3rd series, § 1, 5-14-2018; Ord. No. 222 3rd series, § 1, 12-10-2018; Ord. No. 243 3rd series, § 1, 4-13-2020; Ord. No. 254 3rd series, § 1, 2-8-2021; Ord. No. 257 3rd series, § 1, 5-10-2021; Ord. No. 264 3rd series, § 1, 11-22-2021; Ord. No. 279 3rd series, § 1, 11- 14-2022; Ord. No. 284 3rd series, § 1, 11-13-2023; Ord. No. 303 3rd series, § 1, 4-8-2024) Cross reference(s)—Definitions generally, § 1-2. DIVISION 18. I INDUSTRIAL DISTRICT 1 Sec. 78-821. Purpose and review of building permit applications. (a) General provisions. The purpose of the Industrial District is to permit and encourage the development of high quality industrial uses which are compatible with the aesthetic character of the city and to encourage the development of such industries that are able and willing to achieve superior standards of design and environmental protection. To this end, the city may find that improvements are required to a particular site which are greater than the minimum standards found as part of this district. (b) Site plan review. All site reviews in any I-Industrial district shall be reviewed as set forth in article II, division 4 of this chapter. 1Editor's note(s)—Ord. No. 32 3rd series, § 2, adopted March 27, 2006, repealed the former div. 18, §§ 78-821— 78-825, and enacted a new div. 18, §§ 78-821—78-832, as set out herein. The former div. 18 pertained to similar subject matter and derived from Code 1984, § 10.50(1)—(5); Ord. No. 161 2nd series, §§ 8, 11, adopted June 7, 1997; Ord. No. 183 2nd series, § 3, adopted Feb. 22, 1999; Ord. No. 18 3rd series, § 3, adopted Sept. 27, 2004. Cross reference(s)—Businesses, ch. 26. 200 Created: 2024-07-18 07:35:49 [EST] (Supp. No. 21, Update 3) Page 11 of 41 (c) Determination of use. Whenever a proposed use is not clearly defined as to its inclusion in the list of permitted, conditional, or accessory uses in this district, the zoning administrator shall make a determination. The zoning administrator may refer the item to the city council for a final determination, if desired. (d) Certificate of occupancy. Prior to occupancy of any building or premises within the I-Industrial district for which a building permit has been obtained, the applicant shall obtain a certificate of occupancy. As a part of this certificate, the applicant shall be required to demonstrate compliance with all of the terms of this division. (e) Existing land uses. (1) Any building or use that does not conform to the requirements of this division, existing prior to the passage of this division, shall be allowed to continue to operate in the same manner and to the same extent, subject to the requirements of article II, division 2 related to nonconforming uses and related matters. (2) Where such changes increase the total usable floor area of an existing nonconforming building by less than 25 percent, a property owner may maintain the existing building in its nonconforming state. The requirements for bringing improvements into conformance shall also be applied to legal, nonconforming site improvements such as parking lots and landscaping. Such changes or additions may be made to coordinate with the existing building materials and design without meeting the requirements of this division. The 25 percent threshold shall be measured cumulatively from the date of the adoption of this division, and shall not be exceeded without applying the requirements of subsection 78-821(e)(3). (3) Where such changes increase the total usable floor area of an existing nonconforming building by 25 percent or more, the property owner shall be required to bring the building and property into full conformance with this division. The requirements for bringing improvements into conformance shall also be applied to legal, nonconforming site improvements such as parking lots and landscaping. The 25 percent threshold shall be measured cumulatively from the date of the adoption of this division. (f) All buildings in the I, Industrial District shall be required to be on platted lots. All changes to lot configuration shall require platting in accordance with chapter 82, article III, Orono Subdivision Regulations. No lot identified in whole or in part by a metes and bounds description shall be eligible for a building permit until a final plat has been approved and recorded for said lot. (Ord. No. 32 3rd series, § 2, 3-27-2006; Ord. No. 68 3rd series, § 10, 2-8-2010) Sec. 78-822. Permitted uses. (a) General conditions. The following are permitted uses within the I-Industrial District. (1) Automobile and truck painting, major repair, body and fender work, upholstering tire recapping and wholesale/fleet sales, but shall not include retail when within a completely enclosed building. The storage of automobiles or trucks in process of repair shall be within a fenced area. (2) Cabinet and carpentry shops, lumberyards millworks, electrical, plumbing and heating and air conditioning shop. (3) Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious products, byproducts or wastes, or creates other objectionable impact on the environment. These shall include the following: 201 Created: 2024-07-18 07:35:49 [EST] (Supp. No. 21, Update 3) Page 12 of 41 a. Manufacturing, compounding, assembly, packaging, treatment or storage of products and materials. Expressly prohibited activities shall include: the stockpiling and recycling of aggregate materials or supplies of more than 25 cubic yards. (4) Office. (5) Office—Showroom. (6) Office—Warehouse. (7) Medical, dental and optical laboratories. (8) Research laboratories. (9) Inside storage or warehousing. (10) Governmental and public utility buildings and structures. (11) Essential services. (Ord. No. 32 3rd series, § 2, 3-27-2006) Sec. 78-823. Conditional uses. (a) General provisions. Within the I-Industrial District, no structure or land shall be used for one or more of the following uses without approval of a conditional use permit. The following are conditional uses in the I- Industrial District: (1) Open and outdoor storage as an accessory use, provide that: a. The open storage area is screened and landscaped from adjacent residential uses and public right-of-way. b. The open outdoor storage area is surfaced with concrete or bituminous. c. The open outdoor storage area shall not be within any front yard or side yard abutting a public right-of-way. The open outdoor storage shall be setback five feet from all side and rear lot lines and shall not be located within a utility or drainage easement. d. The open outdoor storage area shall not utilize any required off-street parking, loading areas, or access space. e. The open outdoor storage area shall not be used for storage of hazardous liquids, solids, gases, or wastes. f. The property owner shall keep all outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. (2) Commercial and public radio and television transmitting antennas, and public utility microwave antennas. (3) Commercial, private, and public satellite dish transmitting or receiving antennas in excess of two meters in diameter. (4) Accessory, enclosed service activity other than allowed by a permitted use within the I-Industrial District. (5) Day care centers. (6) Trucking operations, but not distribution centers. 202 Created: 2024-07-18 07:35:50 [EST] (Supp. No. 21, Update 3) Page 13 of 41 (7) Trade schools. (8) Warehouse conversion to mini-storage. (9) Wholesale showrooms. (10) Deferment of parking. (b) Required conditions and policies of a conditional use permit. The burden of proof demonstrating compliance with the following criteria shall be the responsibility of the applicant. In determining whether to approve or deny a conditional use permit, the city council and planning commission shall find that the conditional use permit complies with the following criteria: (1) Comprehensive plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive plan of the city. (2) Compatibility. The proposed use is compatible with adjacent present and future anticipated land uses. (3) Performance standards. The proposed use conforms with all applicable performance standards contained in this division. (4) No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is proposed. (5) Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent areas. (6) Economic return. The use will provide an economic return to the community and be commensurate with other industrial uses for which the property could feasibly be used. In considering the economic return to the city, the planning commission and city council may give weight to the sociological impact of proposed use, both positive and negative. (Ord. No. 32 3rd series, § 2, 3-27-2006) Sec. 78-824. Accessory uses. (a) General conditions. Within an I-Industrial district, the only permitted accessory uses and structures are the following: (1) Fences. (2) Landscaping and decorative features. (3) Off-street loading. (4) Off-street parking. (5) Signs. (6) Mechanical and utility equipment, provided such equipment does not occupy a required yard adjacent to a street, and is fully screened from view of the public right-of-way. (7) Telecommunication reception/transmission devices. a. Accessory antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of the property are permitted accessory uses in all zoning districts, provided they meet the following conditions: 203 Created: 2024-07-18 07:35:50 [EST] (Supp. No. 21, Update 3) Page 14 of 41 1. Height. A ground mounted accessory antenna shall not exceed 20 feet in height from ground level. 2. Yards. Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street. 3. Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises. 4. Setback. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. 5. Building permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before installation. 6. Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 7. Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. 8. Color/content. Accessory antennas shall be of a neutral color and shall not be used as signage. b. Amateur shortwave radio antennas and towers. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts provided they meet the following conditions: 1. Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. 2. Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side, or side yard. 3. Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. (8) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district. (Ord. No. 32 3rd series, § 2, 3-27-2006; Ord. No. 106 3rd series, § 19, 6-10-2013) Editor's note(s)—Ord. No. 106 3rd series, § 19, adopted June 10, 2013, set out provisions adding subsection 78- 824(a)(22). To maintain the current subsection numbering, and at the editor's discretion, these provisions have been included as subsection 78-824(a)(8). Sec. 78-825. Lot area, height, setbacks, and lot coverage. (a) Minimum lot requirements: 40,000 square feet. (b) Minimum building area: 10,000 square feet. 204 Created: 2024-07-18 07:35:50 [EST] (Supp. No. 21, Update 3) Page 15 of 41 (c) Lot width: 200 feet. (d) Building setbacks (principal and accessory): (1) Front yard setback: 35 feet. (2) Side yard setback, abutting a major street1: 35 feet. (3) Side yard setback, abutting a minor street2: 20 feet. (4) Side yard setback, interior: Ten feet. (5) Rear yard setback: 20 feet. 1 This setback applies to side yards adjacent to Wayzata Boulevard and Old Crystal Bay Road. 2 This setback applies to side yards adjacent to all other roads, public or private, within the "I," industrial district. (e) Building height: No structure or building shall exceed 40 feet in height except as provided in section 78-1366. (f) Lot coverage: Not more than 35 percent of parcels of three acres or less may be covered by buildings or structures. Not more than 45 percent of parcels may be covered by buildings or other structures; except that when the total building floor area on a site is contained within a single building, and when the total area used for loading terminals, docks and berths is completely enclosed within the same single building, a lot coverage of not more than 60 percent will be permitted. (Ord. No. 32 3rd series, § 2, 3-27-2006; Ord. No. 94 3rd series, § 4, 9-24-2012; Ord. No. 173 3rd series, § 17, 6-27- 2016) Sec. 78-826. Building design and construction. (a) General provisions. In addition to other restrictions of this chapter, the use, construction, alteration or enlargements to any buildings or structure within this district shall meet the following standards: (1) Rooftop equipment: Rooftop equipment shall be screened from view from the ground at the property line with vertical extensions of the building walls or with parapets or other architectural design features of the same materials used on the walls of the building. Where the topography permits, it is desirable to screen such equipment from adjacent property, but it is not the intent of this requirement to increase the height of the screening significantly above that of the equipment in order to screen it from view from tall buildings or from higher ground. (2) Form, scale and proportion: The form and proportion of buildings shall be consistent or compatible with the scale, form and proportion of existing development in the immediate area. (3) Unusual buildings: The use of unusual shapes, color and other characteristics that cause new buildings to call excessive attention to themselves and create disharmony shall be avoided. (4) Mass and voids: The rhythm of structural mass to voids, such as windows and glass doors, of a front facade should relate to the rhythms established in adjacent buildings. (5) Long facades: Where large structures with overly-long facades (walls) are proposed, such as warehouses, building mass should be articulated with variations in the building plane and parapet height and through the use of other unique design or site plan features. 205 Created: 2024-07-18 07:35:50 [EST] (Supp. No. 21, Update 3) Page 16 of 41 (6) Architectural design: Architectural design should create harmony through the use of different textures, complementary colors, shadow lines and contrasting shapes. The use of walls in a single color, with little detailing or completely blank is discouraged. (7) Monotony: Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. (8) Roofs: Careful consideration of durable materials, proportions and shapes, emphasizing the importance of roofs as integral and embracing elements of the over-all design, is particularly important. (9) Materials: Use of substantial amounts of high quality masonry materials (face brick, stucco, stone) is encouraged. Buildings shall be constructed with no less than 67 percent of these materials, excluding window and door areas. Architectural concrete panels and rock faced concrete block may comprise a maximum of 33 percent of the exterior materials used on the building. The 67 percent threshold may be reduced, or the 33 percent threshold exceeded, only by conditional use permit for alternative materials. The city council shall consider the architectural quality and whether the proposed building exceeds the various requirements of this section 78-826 in deciding whether or not to grant a conditional use permit for alternative materials. The use of aluminum siding, metal ribbed panels and extensive mirrored glass surfaces is discouraged except as accent materials. Evaluation of building materials shall be based on the quality of its design and relationship and compatibility to building materials in the immediate neighborhood. (10) Design uniformity: Architectural treatments (e.g., building materials, colors, facade design, roof lines, screening) shall be consistent and compatible on all sides. Treatment that is uniform on all sides will be deemed to meet the requirements of this principle. Adjacent land uses, visibility from public streets and use of screening devices (walls, fences, berms, landscaping) are criteria to be considered when varying this treatment. The applicant will have the burden of demonstrating the reasons for differing treatment on different sides (e.g., the need for truck access on one side and pedestrian access on another). (Ord. No. 32 3rd series, § 2, 3-27-2006) Sec. 78-827. Off-street parking. (a) General provisions. If any increase in the size, or changes in the uses, of such an existing principal use is made beyond the size or for other than the uses above allowed, then additional off-street parking spaces shall be provided pursuant to this section, but only for the additional spaces resulting from the increase in size or changes in uses. (b) Number of uses. The required number of off-street parking spaces shall be located on the same lot as the principal use or on an adjacent lot under the control of the owner of the principal use. For purposes hereof, "control" may be derived from ownership or by lease or easement continuing for a period of not less than 25 years. In the alternative, the city council may approve off-site parking for a period coterminous with the building lease. The required parking spaces shall not be separated from the principal use building by a street. Seventy-five percent of all required spaces shall be located within 500 feet of the entrances to the principal use building and 100 percent shall be within 1,000 feet. (c) Setbacks. (1) Exposed parking spaces or drive aisles (except that portion of the driveway crossing the public right-of- way to give access to the street) shall be located within the following setbacks: a. Major street1 : 20 feet. b. Minor street2 : 10 feet. 206 Created: 2024-07-18 07:35:50 [EST] (Supp. No. 21, Update 3) Page 17 of 41 c. Rear lot line3 : 10 feet. d. Interior side lot line3 : 10 feet. 1 This setback applies to side yards adjacent to Wayzata Boulevard and Old Crystal Bay Road. 2 This setback applies to side yards adjacent to all other roads, public or private, within the "I", Industrial district. 3 Within adjoining industrial developments, private access, truck circulation area, and undivided parking areas may be permitted, provided that each individual parcel meets all other district requirements. (2) Parking, truck circulation area, and drive aisles shall be set back a minimum of ten feet from all buildings to provide a space for landscaping and sidewalks. Parking, truck circulation, and drive aisles may be located directly adjacent to buildings in rear and side yards which do not abut public streets, and where the property owner demonstrates that the proposed parking area will be fully screened from view of the public right-of-way. (d) Required parking. (1) Automobile service centers: One space for each 400 square feet of leasable area, plus one space for each employee on the maximum work shift. (2) Offices, medical and dental laboratories, business or professional offices: One space per 200 square feet. (3) Multi-tenant industrial buildings: One space for each 400 square feet of gross floor area, or the sum of the component gross floor areas as follows, whichever is greater: a. One space for each 200 square feet of office space. b. One space for each 2,000 square feet of warehouse space. c. One space for each 300 square feet of manufacturing, processing, packaging, treatment and assembly space. d. One space for each 500 square feet of space containing machines and equipment for conducting scientific research, testing or experimentation. (e) Floor area. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors, minus ten percent. (f) Computation. When determining the number of off-street parking spaces, any fraction of a number shall constitute an additional space. (g) Snow storage in parking stalls. Provision shall be made in the parking area for adequate snow storage or removal in order to ensure that the required number of spaces is available at all times during the year. (h) Circulation. Traffic circulation systems shall be designed to accommodate anticipated traffic demands. Vehicular traffic generated by industrial uses shall be channeled and controlled in a manner which will avoid congestion or interference with other vehicular transportation systems and pedestrians and which will avoid creating traffic hazards and excessive traffic. (i) Parking size. Each parking space shall have a minimum width of nine feet and a minimum depth of 20 feet exclusive of aisle and maneuvering space. (j) Curb cut size. No curb cut access shall exceed 24 feet in width unless approved by the city engineer. (k) Grade. The grade elevation of any parking area or driveways shall not exceed four percent. 207 Created: 2024-07-18 07:35:50 [EST] (Supp. No. 21, Update 3) Page 18 of 41 (l) Surfacing. Except as otherwise determined by the city council, all industrial uses shall have customer parking areas and driveways which are surfaced with asphalt. (m) Lighting. Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as to reflect the light away from adjoining property, abutting residential uses, and public rights-of-way. (n) Required screening. All open off-street parking areas of five or more spaces shall be screened with landscaping and/or other materials from abutting or surrounding residential districts. (o) Landscaped islands. A minimum of one landscaped parking island per 20 parking stalls shall be required within any industrial use. Areas meeting the conditions listed in section 78-827(c)(2) which are proposed for truck circulation, but converted to parking per a plan approved by the city shall be exempt from this provision. (p) Signs. No signs shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot or driveway. All signs shall be in conformance with section 78-1466 of this chapter. (q) Deferment of parking. A reduction in the number of required parking stalls may be permitted by a conditional use permit as outlined in section 78-823 provided that the following conditions are met: (1) Evidence is provided demonstrating that the parking requirements of the proposed use will be less than the parking required under this section during the peak demand period. Factors to be considered when reviewing the proposed parking demand shall include, but not to be limited to: a. Size, type, and use of building. b. Number of employees. c. Projected volume and turnover of employees. d. Projected frequency and volume of delivery or service vehicles. e. Number of company vehicles. f. Storage of vehicles on the site. (2) In no case shall the amount of parking provided be less than one-half to the amount of parking required by the ordinance. (3) The property owner can demonstrate that the site has sufficient property under the same ownership to accommodate the expansion of the parking facilities to meet the minimum requirements of this section if the parking demand exceeds on-site supply. (4) On-site parking shall only occur in areas designed and constructed for parking in accordance with this section. The area reserved as "proof-of-parking" shall be sodded or seeded and maintained as green space. No permanent buildings shall be permitted in the "proof-of-parking" area. (5) The conditional use permit approving parking deferral under this section shall be recorded per city practice, providing that additional parking shall be constructed in accordance with this section. (6) To qualify for a parking deferment, the site must comply with all current zoning requirements. (Ord. No. 32 3rd series, § 2, 3-27-2006) Sec. 78-828. Loading. (a) General provisions. In addition to other restrictions of this chapter, all loading or unloading into or out of trucks in excess of three-fourths ton capacity shall be conducted at facilities specifically designed and 208 Created: 2024-07-18 07:35:50 [EST] (Supp. No. 21, Update 3) Page 19 of 41 designated for that purpose. Those facilities, designated as "loading facilities" shall be subject to the following regulations: (1) A minimum of one loading berth per 50,000 square feet of gross floor area or part thereof. Loading berth shall be 55 feet in length, 14 feet in width, and 15 feet in height. (2) All loading docks shall be located within the perimeter of the principal or accessory building and shall be completely enclosed except for the opening needed for access to a vehicle during the time it is standing at a berth. (3) No loading facility shall be located within the required front street or side street setback for the principal building or within ten feet of an interior side lot line or rear lot line. (Ord. No. 32 3rd series, § 2, 3-27-2006) Sec. 78-829. Landscaping. (a) General provisions. Where any industrial use abuts a property zoned for residential use, the industry shall provide screening of the parking areas along the boundary of the residential property. Screening of such parking areas shall also be provided where a business or industry is directly across the street from a residential zone. (b) Fencing. All fences shall be placed within the property being fenced. (1) Fences extending across a required front yard or required side yard which abut a street on a corner lot shall be at least 75 percent open for a passage of air and light and shall maintain the traffic visibility. (2) Industrial fences shall not exceed eight feet in height. (c) Minimum number of plantings. Industrial Districts shall contain, at a minimum the greater of two trees per 1,000 square feet of gross floor area or two trees per 40 lineal feet of site perimeter whichever is greater. (d) Minimum planting size. All landscaping incorporated in said plan shall conform to the following standards and criteria. All plants must at least equal the following minimum size: (All trees shall be balled and burlapped (B&B) and shrubs shall be container grown unless otherwise approved by city staff. Type and mode of planting are dependent upon time of planting season, availability, and site conditions (soils, climate, ground water, irrigation, grading, etc.). Shade Trees: 1.5 to 2 inch. Ornamental Trees: 1 inch. Coniferous Trees: 4—6 feet. Large Deciduous Tree: 2—4 feet. Large Coniferous Shrubs: 2—4 feet. Small Deciduous Shrubs: 18—24 inches. Small Coniferous Shrubs: 18—24 inches. (e) Spacing: (1) Plant material centers shall not be located closer than three feet from the property line and shall not be planted to conflict with public plantings based on the judgment of the zoning administrator. (2) Where plant materials are planted in two or more rows, plantings shall be staggered in rows unless otherwise approved by the zoning administrator. 209 Created: 2024-07-18 07:35:50 [EST] (Supp. No. 21, Update 3) Page 20 of 41 (3) Where plants or screening is intended, large deciduous and coniferous shrubs shall not be planted more than four feet on center. (f) Types of new trees. Plantings, suitable trees include, but are not limited to the following: Oak. Red Maple. Sugar Maple. Hackberry. Birch. Honeylocust. Little Leaf Linden. American Linden. Green Ash. Ginkgo. Kentucky Coffee Tree. (g) Design. The landscape plan must show some form of designed site amenities (i.e., composition of plant materials, and/or creative grading, decorative lighting, exterior sculpture, etc., which are largely intended for aesthetic purposes). All areas within the property lines (or beyond, if side grading extends beyond) shall be treated. All exterior areas not paved or designated as drives, parking or storage, must be planted with ornamental vegetation (lawns, ground covers or shrubs) unless otherwise approved by the zoning administrator. (h) Seeding and sod. Seeding may be used when the city determines sod is not practical or desirable such as, but not limited to, open spaces, sites that are rough graded and areas that cannot be developed (such as those located within a power line easement). (i) Slopes and berms. Slopes that are to be maintained as turf in excess of 2:1 are prohibited unless approved by the zoning administrator. All berms must incorporate trees and plantings into the design. In no situation shall berms be used as the sole means of screening. (j) Ground areas under building roof overhangs. All ground areas under the building roof overhang must be treated with a decorative mulch and/or foundation planting. (k) Detention ponds. Stormwater ponds shall be landscaped with an average of a ten foot buffer strip of shade and ornamental trees, evergreens, shrubbery, natural grasses, groundcover and/or other plant materials to provide an aesthetically appealing setting. This landscaping plan shall be in addition to the required landscaping. (l) Irrigation systems. All principal use structures shall provide an exterior water supply for use in landscape purposes. The exceptions to this are one and two family dwellings and additions to existing structures equal to or less than ten percent of the square feet of the existing structure. (m) Landscape guarantee. All new plants shall be guaranteed for two full years from the time planting has been completed. All plants shall be alive and in satisfactory growth at the end of the guarantee period or be replaced. (Ord. No. 32 3rd series, § 2, 3-27-2006) 210 Created: 2024-07-18 07:35:50 [EST] (Supp. No. 21, Update 3) Page 21 of 41 Sec. 78-830. Drainage. (a) General provision. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and the council for approval. Such runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff, whether onto adjacent property or otherwise, must be in compliance with the surface water management plan and shall be consistent with other applicable regulations of provisions of this code and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. (Ord. No. 32 3rd series, § 2, 3-27-2006) Sec. 78-831. Lighting. (a) General provision. Any lighting used to illuminate a structure, an off-street parking area, or other area in an industrial district shall be arranged so as to deflect light away from any adjoining residential property or from any public right-of-way. All lighting shall be installed in accordance with the following provisions: (1) Lighting cutoff. The luminaire shall contain a cutoff which directs and cuts off the light at an angle of 90 degrees or less. (2) Lighting adjacent property. Lighting sources shall not be permitted so as to light adjacent property in excess of the maximum intensity. (3) Architectural/historical light fixtures. Architectural/historical light fixtures that feature globes that are not shielded or lighting of entire facades or architectural features of a building may be approved by the city council. In no case shall the light affect adjacent property in excess of the maximum intensity. (4) Light poles. All light poles shall be of a dark color. Light colored light poles shall be prohibited. (5) Height of source and pole. The maximum height of the fixture and pole above the ground grade permitted for light sources is 30 feet. A light source mounted on a building shall not exceed the height of the building. In no case shall the height of a light source mounted on a pole or on a building exceed the height limits of the zoning district in which the use is located unless allowed by conditional use permit. (6) Intensity. No light source or combination thereof which casts light on a public street shall exceed one foot-candle (meter reading) as measured from the right-of-way of said street nor shall any light source or combination thereof which casts light on adjacent residential property exceed four-tenths (0.4) foot candles (meter reading) as measured at the property line. (7) Location. The light source of an outdoor light fixture shall be set back a minimum of ten feet from a street right-of-way and five feet from an interior side or rear lot line. (8) Hours. The use of outdoor lighting for parking lots shall be turned off one hour after closing except for approved security lighting. (Ord. No. 32 3rd series, § 2, 3-27-2006) 211 Created: 2024-07-18 07:35:50 [EST] (Supp. No. 21, Update 3) Page 22 of 41 Sec. 78-832. Signage. (a) General provisions. All signs shall conform to the sign standards of City Code Title VI, Chapter 78, Article X, Division 4. (b) [Reserved.] (Ord. No. 32 3rd series, § 2, 3-27-2006; Ord. No. 2015 3rd series, § 2, 9-10-2018) Cross reference(s)—Orono Sign Code, § 78-1465 et seq. Secs. 78-833—78-845. Reserved. DIVISION 2. YARDS AND OPEN SPACES Sec. 78-1401. Reduction prohibited. No yard or other open space shall be reduced in area or dimensions so as to make such yard or other open space less than the minimum required by this chapter; and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. (Code 1984, § 10.03(14)(A)) Sec. 78-1402. Application to only one dwelling or group. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open spaces, or minimum lot area requirements for any other building or dwelling group. (Code 1984, § 10.03(14)(B)) Sec. 78-1403. Lot coverage and massing standards. In all zoning districts other than the I—Industrial district, all lots that have a gross acreage of less than two acres shall comply with the following massing standards for buildings: (a) Maximum total footprints allowed. (1) On lots equal to or greater than 10,000 square feet in area, the total combined footprints of all principal and accessory buildings shall not exceed 20 percent of the gross lot area. (2) On lots of less than 10,000 square feet in area, the total combined footprints of all principal and accessory buildings shall not exceed 2,000 square feet. (b) Calculation of massing. All buildings shall be included in the calculation of the total combined footprints by buildings. (Code 1984, § 10.03(14)(C); Ord. No. 215 2nd series, § 1, 3-11-2002; Ord. No. 99 3rd series, § 1, 1-28-2013; Ord. No. 170 3rd series, § 2, 6-13-2016; Ord. No. 187 3rd series, § 1, 3-13-2017; Ord. No. 222 3rd series, § 2, 12-10- 2018) 212 Created: 2024-07-18 07:35:53 [EST] (Supp. No. 21, Update 3) Page 23 of 41 Sec. 78-1404. Reserved. Editor's note(s)—Ord. No. 222 3rd series, § 21, adopted Dec. 10, 2018, repealed § 78-1404, which pertained to tennis courts, sport courts, pools, paddocks, arenas and derived from Code 1984, § 10.03(14)(D); Ord. No. 106 3rd series, § 21, adopted June 10, 2013. Sec. 78-1405. Permitted encroachments. (a) The following shall not be considered to be encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and similar building elements, provided they do not extend more than two feet into a required yard. (2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of this chapter; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property and is located at least five feet from the front lot line; public utility poles and overhead lines; mailboxes. (3) Steps, sidewalks, uncovered porches, stoops, or similar structures which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. (4) Bays, cantilevers, and fire escapes. In side or rear yards only, the following encroachments are permitted: a. Bays and/or cantilevers which are not part of the defined building footprint, may extend up to two feet into the required side or rear yard, provided the aggregate area of the bays and/or cantilevers is not more than 20 square feet; and b. Fire escapes not exceeding a width of three feet and a depth of four feet. (5) Driveways and parking areas when constructed, located, and used in compliance with other provisions contained within chapter 78. Driveways and parking areas may extend to within five feet of a side lot line. (6) Retaining walls, planters, and similar structures, subject to the following provisions: a. Retaining walls, planters and similar structures may be located in all required yards when all of the following conditions are met: 1. The structure is located at least ten feet from the edge of the traveled roadway; 2. The structure is not located within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction, rate, or volume for adjacent properties. 4. The structure is two feet in height or less above the existing grade. b. Retaining walls, planters, and similar structures exceeding two feet in height above existing ground level or which are located less than five feet from a side property line. 213 Created: 2024-07-18 07:35:53 [EST] (Supp. No. 21, Update 3) Page 24 of 41 c. Retaining walls, planters and similar structures exceeding the allowed height of a fence shall be located to meet the required accessory structure setbacks established for that yard. (7) Window wells including those for fire egress which do not extend more than five feet from the building, and are no closer than two feet to the property line. (8) Air conditioning or heating equipment may be located within a required yard but shall be located within five feet of the building it serves; shall not be located within an existing or required drainage and/or utility easement; and shall be located at least five feet from any lot line. (9) Fences erected in all zoning districts are considered a permitted encroachment when they conform to the standards listed below. A fence shall be located a minimum of ten feet from the edge of the paved, traveled roadway. For the purposes of this section, the following definitions shall apply: Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a seasonal or temporary purpose. Temporary fence. A fence that is not permanently secured or anchored to the ground by posts or affixed footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences installed for safety or access management purposes for special events; and fences installed for the duration of a construction project such as silt fences, erosion control bioretention logs, and septic drainfield site protection fences. Fence monument. A fence monument is a permanent structure or object, with or without a footing, made with masonry or stone materials, used in place of, and functioning as a post that supports a fence. Fence height. The measurement from the top of any part of the fence, including posts or other structural supports, lattice, ornate top design elements, and so forth measured to the existing ground level below the fence, as measured perpendicular to the slope (see Drawing). Exception: Post finials extending above the top of the fence shall not be deemed as part of the fence for height determination purposes as long as they do not exceed ten inches in width per finial and do not extend above the top of the fence by more than six inches. 214 Created: 2024-07-18 07:35:53 [EST] (Supp. No. 21, Update 3) Page 25 of 41 Drawing: Fence Height Measurement on Sloped Site a. Nonlakeshore lots. 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above existing ground level. 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above existing ground level. b. Lakeshore lots. 1. Fences within the required street (rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above existing ground level. Exception: A fence not exceeding six feet in height may be located along the street lot line, and within the rear street setback of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming, the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and shall not exceed 42 inches in height for any portion located lakeward of a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the adjacent property abutting the side yard in which the fence is located. 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. 4. When the building site of a lakeshore lot is separated from the lakeshore by a public or private road, the following definitions will apply for fence location purposes subject to the provisions of section 78-1405(a)(8)a.2: When the yard on the opposite side of the building site from the lake does not abut a street, such yard shall be considered as a standard rear yard. The yard between the building site and the street shall be considered as a standard front yard. 215 Created: 2024-07-18 07:35:53 [EST] (Supp. No. 21, Update 3) Page 26 of 41 c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above existing ground level. Board rail fences within a front, street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencing materials shall consist of permanent all weather products. 4. Temporary fencing shall not be allowed to remain on the property following final inspection, or issuance of a certificate of occupancy for a permitted construction project, or protection of property during a similar project or winter conditions. Winter conditions shall be defined as October 15 through March 31 of the following year. Temporary fencing associated with a special event shall be removed within seven days of the end of such event. Temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel. 5. Existing fences that are legally nonconforming as to location, height, design, or other characteristics may be replaced in kind. (10) Fence monument, as part of a fence erected in all residential zoning districts are considered as a nonencroachment when it conforms to the following standards: a. Property corners shall be located and identified (staked); b. Fence monuments must be set back a minimum of five feet from all property boundaries and never fewer than ten feet from the edge of the paved, traveled roadway; c. An individual fence monument shall be limited to a maximum footprint of six square feet; d. Fence monuments may not exceed the maximum allowed height of the associated fence, including any appurtenances. Any fence monument exceeding the maximum height must meet accessory structure setbacks for the appropriate district; e. Building permit requirements: 1. A building permit is required if footings are proposed; 2. Construction plans with footing details are required to be submitted for permit approval; 3. If the fence and/or fence monuments exceed six feet in height, a building permit is required. (11) Entrance monuments, defined for the purpose of this section as a nearly permanent physical structure or object, natural or artificial, used to depict an entrance to the property, erected in all residential zoning districts are considered nonencroachments when they conform with the following standards: a. Each monument, with a maximum of two per approved driveway access, shall be limited to a single pillar with a footprint measuring no larger than 25 square feet and no length to exceed five feet; 216 Created: 2024-07-18 07:35:53 [EST] (Supp. No. 21, Update 3) Page 27 of 41 b. The monument must be setback a minimum of five feet from all property boundaries and never fewer than ten feet from the edge of the paved, traveled roadway; c. Plans and/or elevation views of the proposed monuments are required to be submitted for approval by the planning director; d. All signage proposed for the monuments must comply with article X, division 4; e. The monuments are limited to eight feet in height including any appurtenances. Any monument exceeding the maximum height must meet principal structure setback requirements; f. When more than one monument is proposed, and serving two or fewer residences, a minimum horizontal width of 16 feet is required between them; g. When more than one monument is proposed, and serving three or more residences, a minimum horizontal width of 22 feet is required between them; h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the planning director. i. A building permit is required for installation and the property corners must be located for inspection purposes. (12) Gates, when proposed, must meet the following requirements: a. The gate must open into the property not outward towards the right-of-way, and b. Gates serving two or fewer residences shall have a minimum horizontal width of 14 feet in the full open position, and c. Gates serving three or more residences shall have a minimum horizontal width of 20 feet in the full open position, and d. For all properties, gate height may not exceed the height of the monument, measured from grade, unless principal structure setbacks are met (if monuments are not proposed then gate height shall be regulated in accordance with the fence height regulations of section 78-1405(8), and e. For locked and/or secured gates a knox box, meeting the standards set forth by the police and fire department, must be provided for emergency access, and f. On major thoroughfares the monuments and gates must be located 40 feet from the paved, traveled road to allow for vehicle stacking. A major thoroughfare for the purposes of this section means any county road or state highway. (13) Lawn irrigation systems are permitted in any required yard. Non-pressurized lines for irrigation systems may be installed in the adjacent right-of-way, at the system owner's risk. The system owner shall relocate or remove the lawn irrigation system from the right-of-way at the system owner's expense in the event said relocation or removal is required by the city or other utility company authorized to use the city right-of-way. System owner shall defend, indemnify, and hold harmless the city its officials, and employees from and against any and all claims, liability for loss, damage, or injury arising directly or indirectly from the lawn irrigation system or to the system that is in the right-of-way. (b) The following shall not be considered to be encroachments on structure height requirements: (1) Parapet walls that extend no more than three feet above the height of the building. (2) HVAC cooling towers. (3) Elevator penthouses. 217 Created: 2024-07-18 07:35:53 [EST] (Supp. No. 21, Update 3) Page 28 of 41 (Code 1984, § 10.03(15); Ord. No. 211 2nd series, §§ 1—5, 11-26-2001; Ord. No. 12 3rd series, § 1, 5-24-2004; Ord. No. 30 3rd series, § 1, 11-28-2005; Ord. No. 43 3rd series, § 1, 2-25-2008; Ord. No. 106 3rd series, § 22, 6-10-2013; Ord. No. 139 3rd series, § 1, 2-23-2015; Ord. No. 140 3rd series, § 1, 3-23-2015; Ord. No. 170 3rd series, §§ 3, 4, 6- 13-2016; Ord. No. 188 3rd series, § 1, 3-22-2017; Ord. No. 189 3rd series, § 5, 4-10-2017; Ord. No. 209 3rd series, § 1, 6-11-2018; Ord. No. 222 3rd series, § 22, 12-10-2018; Ord. No. 272 3rd series, § 1, 6-13-2022; Ord. No. 299 3rd series, § 10, 3-11-2024) Sec. 78-1406. Additional yard provisions. Required yards in the districts specified shall be subject to the following additional requirements: (1) Through lots. Through lots in any district shall have a required front yard on each street. (2) B and I districts: adjacent lots. In the B and I districts, for lots that are non-conforming with respect to area, the minimum front yard setback for the principal building shall be equal to the average depth of the existing front yards on the adjacent non-residential lots on each side of the non-conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.75(4); Ord. No. 199 3rd series, § 1, 6-12-2017; Ord. No. 222 3rd series, § 23, 12-10-2018) Secs. 78-1407—78-1430. Reserved. DIVISION 5. OFF-STREET PARKING AND LOADING 2 Subdivision I. In General Sec. 78-1491. Generally. (a) Purpose of off-street parking and loading requirements. Regulation of off-street parking and loading spaces in this division is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking, loading and unloading from motor vehicles in accordance with the utilization of various parcels of land and structures. All applications for an occupancy certificate in all districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off-street parking and loading spaces in compliance with requirements of this division. (b) Application of parking rules in all districts. In addition to the regulations and requirements set forth elsewhere in this chapter, the provisions of this division regarding off-street parking shall apply to the required and nonrequired off-street parking facilities in all use districts. (c) Parking requirements waived for buildings under construction on September 14, 1967. Structures or uses for which a building permit has been issued prior to September 14, 1967, but for which work has not been completed shall be exempt from the parking requirements of this division if the structure is started within six months after September 16, 1967, and continues to completion. 2Cross reference(s)—Stopping, standing and parking generally, § 66-76 et seq. 218 Created: 2024-07-18 07:35:54 [EST] (Supp. No. 21, Update 3) Page 29 of 41 (d) Existing parking not to be reduced. Off-street parking spaces and loading spaces existing on September 14, 1967, shall not be reduced in number unless the number exceeds the requirements set forth in this division for a similar new use. (e) Floor area. The term "floor area" for the purpose of calculating the number of off-street parking spaces shall mean the net usable floor area of the various floors, devoted to retail sales, services, office spaces, processing and fabrication, exclusive of hallways, utility space and storage areas other than warehousing. (f) Seating facilities. In stadiums, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facility shall be counted as one seat for the purpose of determining required parking. (g) Size of parking spaces. Each parking space shall be not less than nine feet wide and 20 feet long, and each space shall be served adequately by access drives. For purposes of calculating parking space requirements, one parking space for one vehicle shall equal 300 square feet of storage and maneuvering area, including access drives. (h) Commercial vehicle parking. Off-street parking accessory to residential use shall be subject to the provisions of section 78-1577. Additionally, vehicles in excess of 14,000 pounds GVW shall be subject to the provisions of section 78-1577(3)b. and no trailer in excess of 10,000 pounds GVW shall be parked or stored in a residential district except when loading, unloading or rendering a service. (i) Location of parking. Required off-street parking in the R districts shall be on the same lot as the principal building. (Code 1984, § 10.61(4); Ord. No. 4 3rd series, § 1, 11-11-2003; Ord. No. 303 3rd series, § 4, 4-8-2024) Sec. 78-1492. Residential driveways, approaches and turnarounds. (a) A single driveway approach may not serve more than two single residential lots from the same road. Lots defined as through lots or corner lots shall only be allowed a driveway approach to one public road. There shall never be more than two driveway approaches on residential lots fronting on a local street. (b) Driveway turnarounds are be required on all driveways or driveway approaches entering onto a state highway, county road, or collector roadway as determined in the comprehensive plan. Driveway turnarounds are required on all entrances to public roads within the city where deemed necessary by the city engineer. The city engineer shall make this determination based on traffic counts, sight distances, street grades and other relevant factors. If a driveway turnaround is required by the city engineer, such requirement shall be stated on any permit issued by him pursuant to this article. (c) All driveway improvements must meet the driveway standards outlined in City Code Chapter 18, Division 3. (Ord. No. 303 3rd series, § 4, 4-8-2024) Sec. 78-1493. Business driveways, approaches and turnarounds. (a) One business driveway is allowed per development unless a greater number of driveways are approved by the city, or are approved as part of the site plan review. The business driveway approach in a business or industrial district may not be wider than either the access road or 32 feet at the property line, whichever is less. The curb cut shall not exceed the width of the driveway approach at the property line by more than 20 feet, unless approved as part of a site plan. (b) Loading docks, ramps, and vehicular entrances must be located so that accessing such facilities will not require backing onto or maneuvering within the road right-of-way. Loading docks, ramps, and vehicular 219 Created: 2024-07-18 07:35:54 [EST] (Supp. No. 21, Update 3) Page 30 of 41 entrances must be located in such a manner that driveways wider than permitted by this article will not be necessary. (c) Driveway turnarounds shall be required on all driveways or driveway approaches entering onto a state highway, county road or a collector roadway. Driveway turnarounds shall be required on all entrances to roads within the city where deemed necessary by the city engineer, based upon traffic counts, sight distances, street grades and other relevant factors. Such requirements shall be stated on any permit issued by the city engineer pursuant to this article. (d) All driveways must be located at least ten feet from the side property line; however, a driveway that is shared by two parcels of land is exempt from this requirement. (e) All driveway improvements must meet the driveway standards outlined in City Code Chapter 18, Division 3. (Ord. No. 303 3rd series, § 4, 4-8-2024) Sec. 78-1494. Regulatory signs. An address sign is required to be placed adjacent to any driveway serving two or more lots. The address sign must be visible when viewed from the right-of-way. The address sign shall conform to setback requirements within Orono's Sign Code. (Ord. No. 303 3rd series, § 4, 4-8-2024) Secs. 78-1495—78-1510. Reserved. Subdivision II. Parking Sec. 78-1511. Setbacks for parking. Required off-street parking in all districts shall meet the following setback requirements: (1) R districts. Within all R districts, all vehicles must have a garage stall or open parking space on the same lot as the principal use served. Open parking spaces on lots must have a location other than a required yard, except that such parking may be located in a rear yard to within ten feet of an interior side lot line and to within five feet of a rear lot line. All vehicle parking must be on an approved hard surface. (2) B districts. Within the B-2 district parking shall not be allowed in a required yard or landscaping area. Within the B-1, B-3 and B-4 districts, parking spaces and/or garages shall be located in areas other than a required yard; except that open, off-street parking spaces may be located in a rear yard to within three feet of the rear or side lot line unless the rear or side lot line is in common with an R district; in which case the setback distance shall be the same as required for the R district. All vehicle parking must be on an approved hard surface. (3) I Industrial districts. All off-street parking spaces shall conform with the requirements of section 78-827 of the Zoning Ordinance. (Code 1984, § 10.61(5); Ord. No. 32 3rd series, § 6, 3-27-2006; Ord. No. 299 3rd series, § 14, 3-11-2024) 220 Created: 2024-07-18 07:35:54 [EST] (Supp. No. 21, Update 3) Page 31 of 41 Sec. 78-1512. Joint parking. (a) Required parking facilities serving two or more uses in the B district may be located on the same lot, provided that the total number of parking spaces so furnished shall be not less than the sum total of the separate requirements for each use and provided: (1) The proposed joint parking space is within 300 feet of the use it will serve; (2) The applicants shall show that there is no substantial conflict in the principal operating hours of the two or more buildings or uses for which joint use of off-street parking facilities is proposed; and (3) A properly drawn legal instrument approved by the city attorney and executed by the parties concerned for joint use of off-street parking facilities shall be filed with the city clerk. This instrument may be a three or more party agreement, including the city. (b) Required parking facilities located within the I-Industrial district shall conform with the requirements of section 78-827 of this chapter. (Code 1984, § 10.61(6); Ord. No. 32 3rd series, § 7, 3-27-2006) Sec. 78-1513. Control of parking facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority for using such property for off-street parking shall be filed with the city so as to maintain the required number of off-street parking spaces during the existence of the principal use. No such parking facilities at its closest point shall be located more than 100 feet from the premises nor more than 300 feet from the principal use or building served. (Code 1984, § 10.61(7)) Sec. 78-1514. Storage prohibited. Required off-street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for lease, rent or sale. (Code 1984, § 10.61(8)) Sec. 78-1515. Design and maintenance of parking areas. (a) Access. Parking areas shall be designed so as to provide an adequate means of access to a public alley or street. This driveway access shall not exceed 30 feet in width at the public walk centerline and shall be so located as to cause the least interference with traffic movement. All off-street parking spaces shall have access off driveways and not directly off a public street. (b) Fractional spaces. When the determining of the number of required off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space. (c) Signs. Signs located in any parking area necessary for orderly operation of traffic movement shall be in addition to accessory signs otherwise permitted. (d) Surfacing. All of the area intended to be utilized for parking space and driveways for four or more vehicles shall be surfaced with material to control dust and drainage. 221 Created: 2024-07-18 07:35:54 [EST] (Supp. No. 21, Update 3) Page 32 of 41 (e) Lighting. If lighting is provided, it shall be accomplished in such a manner as to have no direct source of light visible from the public right-of-way or adjacent land. (f) Curbing. All open off-street parking areas designed to have head-in parking along any lot line shall provide a tire bumper or curb of adequate height and properly located to ensure that no part of any car will project beyond the required setbacks. (Code 1984, § 10.61(9)) Sec. 78-1516. Required off-street parking. Except within the I-Industrial district, where the principal use of the structure served is as listed, the minimum parking facilities (open or enclosed) shall be as shown. Within the I-Industrial district, minimum parking facilities (open or enclosed) shall conform to section 78-827 of this chapter. (1) Single-family dwelling, two per dwelling unit. (2) Multiple dwelling, two per dwelling unit. (3) Motel, motor hotel, motor court or hotel, four, plus at least one for each guest room provided in the design of the building. (4) School, high school through college, at least one for each seven students based on design capacity, plus one for each three classrooms. (5) Churches, auditoriums, undertaking establishments, at least one for each four seats based on the design capacity of the main assembly hall. (6) Theater, athletic field, at least one for each six seats of design capacity. (7) Community center, post office, YMCA, YWCA, physical cultural studio, pool halls, libraries, private clubs, lodges, museums, ten, plus one for each 300 square feet of floor area in excess of 2,000 square feet of floor space in the principal structure. (8) Hospital, at least one for each three hospital beds. (9) Golf courses, country clubs, tennis clubs, public swimming pools, 20, plus one for each 300 square feet in excess of 1,000 square feet of floor space in the principal structure. (10) Day nurseries, four, plus one for each 500 square feet in excess of 1,000 square feet of floor space in the principal structure. (11) Office buildings and professional offices, banks, savings institutions, at least one for each 200 square feet of floor area. (12) Drive-in establishments, at least one for each 15 square feet of floor area in the building. (13) Bowling alley, at least six for each alley. (14) Motor service stations, at least three, plus two additional off-street parking spaces for each service stall. (15) Retail sales and service establishments, at least one for each 150 square feet of net floor area. (16) Restaurants, cafes, bars, taverns, nightclubs, at least one for each 80 square feet of public floor area. (17) Furniture store, appliance store, warehouse under 15,000 square feet of floor area, auto sales, grainhouses, kennels and studios, at least one for each 500 square feet in excess of the first 500 square feet of floor area in the principal structure. 222 Created: 2024-07-18 07:35:54 [EST] (Supp. No. 21, Update 3) Page 33 of 41 (18) Auto repair, major, bus terminals, taxi terminals, boat and marine sales and service, bottling companies, shop for trade (employing six people or less), garden supply stores, building materials sales, at least eight, plus one for each 800 square feet of floor area over 1,000 feet, including warehousing and all outside sales and storage area related to the sales and service functions. (19) Skating rinks, ski areas, dance halls, public auction houses, and similar recreational uses, at least 15, plus one for each 300 square feet of floor area over 1,000 square feet. (20) Manufacturing, fabrication or processing of a product or material, at least four, plus one for each 800 square feet of building. One additional off-street parking space shall be provided for each 2,500 square feet or fraction thereof of land devoted to outside storage. (Code 1984, § 10.61(10); Ord. No. 32 3rd series, § 8, 3-27-2006) Secs. 78-1517—78-1535. Reserved. Subdivision III. Loading Sec. 78-1536. Application of loading rules to all districts. (a) Except for buildings and uses within the I-Industrial district, the regulations and requirements regarding off- street loading and unloading shall apply to the required and non required loading and unloading facilities in all the districts. If in the application of these requirements a fractional number is obtained, one loading space shall be provided for a fraction of one-half or more, and no loading space shall be required for a fraction of less than one-half. (b) Loading requirements within the I-Industrial district shall conform to section 78-828 of this chapter. (Code 1984, § 10.61(11); Ord. No. 32 3rd series, § 9, 3-27-2006) Sec. 78-1537. Location of loading berths. All loading berths shall be 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not occupy any yard requirement bordering a street. (Code 1984, § 10.61(12)) Sec. 78-1538. Size of loading berths. Unless otherwise specified, the first berth required shall not be less than 12 feet in width and 25 feet in length. Additional berths shall be as specified, but not less than 12 feet in width and 25 feet in length. All loading berths shall maintain a height of 14 feet or more. (Code 1984, § 10.61(13)) Sec. 78-1539. Access to loading berths. Each loading berth shall be located with appropriate means of access to a public street or alley in a manner which will least interfere with traffic. (Code 1984, § 10.61(14)) 223 Created: 2024-07-18 07:35:54 [EST] (Supp. No. 21, Update 3) Page 34 of 41 Sec. 78-1540. Surfacing of loading berths. All loading berths and accessways shall be improved with a durable material. (Code 1984, § 10.61(15)) Sec. 78-1541. Storage prohibited. Any area allocated as a required loading berth or access drive, so as to comply with the terms of this division, shall not be used for the storage of goods or inoperable vehicles nor be included as a part of the area necessary to meet the off-street parking area. (Code 1984, § 10.61(16)) Sec. 78-1542. Required loading berths. Where the principal use of the structure served is as listed, the minimum number of loading berths shall be as shown: (1) Auditoriums, convention hall, public building, hospital, school, hotel, sports arena, at least one loading berth 25 feet in length for each building having 1,000 to 10,000 square feet of floor area. For buildings having 10,000 to 100,000 square feet of floor area, one additional loading berth 50 feet in length. (2) Retail sales and service stores, offices, at least one loading berth 25 feet in length for each building having 6,000 square feet of floor area or more, plus one additional loading berth 50 feet in length for buildings over 25,000 square feet up to 100,000 square feet. (3) Manufacturing, fabrication, processing and warehousing, at least one loading berth 25 feet in length for each building having 3,000 square feet or fraction thereof, plus one loading berth 50 feet in length for each 25,000 square feet of floor area up to 100,000 square feet, plus one loading berth for each 50,000 square feet of floor area over the first 100,000 square feet of floor area. The operator of the business shall have the option to declare the length of the berths required for buildings above 100,000 square feet of floor area, except that half or more of the total number of berths required shall be 50 feet in length. (4) For other uses, there shall be provided adequate off-street loading space in connection with all structures which require receipt or distribution of materials by vehicles. (Code 1984, § 10.61(17)) Secs. 78-1543—78-1565. Reserved. DIVISION 6. PERFORMANCE STANDARDS 3 3Cross reference(s)—Businesses, ch. 26; environment, ch. 58. 224 Created: 2024-07-18 07:35:54 [EST] (Supp. No. 21, Update 3) Page 35 of 41 Sec. 78-1566. Standards for all districts. The guiding of rural and suburban development so as to develop a compatible relationship of uses to achieve the purposes and guiding principles established by this chapter depends upon certain standards being maintained. Uses permitted in the various districts; conditional and accessory uses; and any use authorized by special permit, variance, the application of any credit, formula or special planning procedure, such as PRDs or PIDs or other provisions of this chapter, shall conform to the standards of this division. These standards shall apply in all districts. (Code 1984, § 10.60(1)) Sec. 78-1567. Density. Permitted uses or application of the various provisions of this chapter or other laws, including provisions relating to conditional and accessory use, uses authorized by special permit, variance, the application of any credit, formula, or special planning procedure, whether singly or in combination, shall not result in a density greater than four dwelling units per acre of dry buildable land or air space used for construction in any zoning district. (Code 1984, § 10.60(2)) Sec. 78-1568. Noise. Any use established shall be so operated that no noise resulting from that use is perceptible beyond the boundaries of the plat line of the site on which such use is located. This standard shall not apply to incidental traffic, parking, loading, construction or maintenance operations. (Code 1984, § 10.60(3)) Cross reference(s)—Noise generally, § 58-116 et seq. Sec. 78-1569. Smoke, particulate matter. Any use established, enlarged or remodeled after September 14, 1967, shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort or general welfare of the public. For purpose of grading the density of smoke, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed. The emission of smoke shall not be of a density greater than No. 2 on the Ringelmann Chart. (Code 1984, § 10.60(4)) Sec. 78-1570. Toxic or noxious matter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein such use is located, toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business. (Code 1984, § 10.60(5)) 225 Created: 2024-07-18 07:35:54 [EST] (Supp. No. 21, Update 3) Page 36 of 41 Sec. 78-1571. Odors, solid matter. Any use established, enlarged or remodeled shall be so operated as to prevent the emission of odorous or solid matter of such quality and quantity as to be readily detectable at any point beyond the lot line of the site on which the use is located. (Code 1984, § 10.60(6)) Sec. 78-1572. Vibration. Any use creating periodic earth-shaking vibrations, such as may be created from a drop forge, shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction. (Code 1984, § 10.60(7)) Sec. 78-1573. Glare or heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from R districts and public streets. (Code 1984, § 10.60(8)) Sec. 78-1574. Explosives. Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from any R district line. (Code 1984, § 10.60(9)) Cross reference(s)—Fire prevention and protection, ch. 46. Sec. 78-1575. Screening. (a) Screening shall be required in residential zones where: (1) Any off-street parking area which contains more than four parking spaces and is within 30 feet of an adjoining residential lot line; and (2) Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential lot line. (b) The screening required in this section shall consist of a solid fence or wall at least 50 percent open, not less than four feet nor more than five feet in height, but shall not extend within 15 feet of any street or driveway opening onto a street. The screening shall be placed along the property lines or in case of screening along a street, 15 feet from the street right-of-way with landscaping (trees, shrubs, grass and other planting) between the screening and the pavement. A louvered fence shall be considered solid if it blocks direct vision. Planting of a type approved by the planning commission may also be required in addition to or in lieu of fencing. (Code 1984, § 10.60(10), (11)) 226 Created: 2024-07-18 07:35:54 [EST] (Supp. No. 21, Update 3) Page 37 of 41 Sec. 78-1576. Maintenance. In all districts, all structures, required landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions. (Code 1984, § 10.60(12)) Sec. 78-1577. Exterior storage in R districts. In all R districts, it is the responsibility of the owner of any property, improved or unimproved, to maintain the outdoor areas; including courtyards and the like, of the property and adjacent rights-of-way in a manner that complies with the following requirements. All recreational vehicles, mobile homes, camping trailers, motor homes, pickup coaches, travel trailers, special mobile equipment, and utility trailers shall meet the requirements of this Code. Additionally, all exterior storage must comply with subdivision (6) of this section. (1) Definitions: a. Blight means a deteriorated condition, something that impairs or destroys. b. Junk means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic, or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, regardless of perceived market value or requiring reconditioning in order to be used for its original purpose. c. Recreational vehicle shall mean and include the following definitions, and shall not include any mobile home or manufactured housing unit bearing a State of Minnesota manufactured housing seal or certificate, for uses including but not limited to those listed below: 1. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses, also called a pop-up camper. 2. Motor home means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. 3. Pickup camper means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 4. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer. d. Special mobile equipment means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging equipment, moving dollies, pump hoists and other well- drilling equipment, street sweeping vehicles, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving equipment. The term does not include travel trailers, dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. e. Utility trailer means any motorless vehicle, other than a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles, all terrain vehicles, or property on its 227 Created: 2024-07-18 07:35:54 [EST] (Supp. No. 21, Update 3) Page 38 of 41 own structure and for being drawn by a motor vehicle but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. f. Boat, for the purposes of this article, means any water craft required to be registered or licensed by the state of Minnesota, but excluding canoes, kayaks, paddle boards, or pedal boats. (2) Parking regulated. Parking of recreational vehicles, motor homes and utility trailers shall be regulated as follows: a. It is unlawful for any person to park a motor home or recreational vehicle upon public property for human habitation b. It is unlawful for any person to park or store a utility trailer, motor home, recreational vehicle in any "R" district for more than 24 hours, except in a required side or rear yard at least five feet from any property line. c. It is unlawful to use a motor home or recreational vehicle for human habitation on any private property for more than 72 hours without a permit from the city. (3) Vehicle storage. All vehicles parked or stored on any property within the city shall be operable and currently licensed. The parking of vehicles, other than recreational vehicles, in "R" districts is regulated as follows: a. Parking of vehicles other than recreational vehicles, with a maximum gross vehicle weight (GVW) of 14,000 pounds or less is allowed in all "R" districts. b. Parking of vehicles in "R" districts in excess of 14,000 pounds GVW has the potential to create negative impacts on the surrounding neighborhood. These impacts may include noise (from operation as well as maintenance of vehicle); vibration; glare; odors; soil/water contamination (from dripping, washing, etc.); hazards to pedestrians by way of proximity, especially on private roads; wear and tear on local or private roads; propensity to offload remaining cargo on site at end of day; and visual incompatibility with the character of a neighborhood. Such use may be acceptable under certain conditions in zoning districts where lot areas are generally two acres or larger. Therefore, parking of such vehicles requires each of the following conditions be met: 1. Property owner must be vehicle owner or operator. 2. Vehicle must be set back 50 feet from property lines. 3. Vehicle must not be visible from neighboring properties and public streets; vegetative screening is preferred. 4. Maintenance of said vehicle shall occur within an enclosed building. 5. The vehicle shall not constitute a nuisance at any time. 6. In a shared driveway situation, the applicant shall demonstrate that the appropriate easement exists. 7. Minimum lot size of five acres. For any property at least two acres but less than five acres in area, where it can be shown that prior to the effective date of this section such a vehicle was previously stored on a regular basis prior to and after January 1, 2004, a vehicle storage permit may be granted if the above conditions a. through f. are met, subject also to the following limitations: i. A vehicle storage permit may only be issued for properties within the RR-1B, RR-1A, and LR-1A zoning districts. 228 Created: 2024-07-18 07:35:54 [EST] (Supp. No. 21, Update 3) Page 39 of 41 ii. Such permit shall be granted only to the current property owner and only for the specific vehicle applied for. The current owner may replace the vehicle in kind, but shall not add other such vehicles. Any replacement vehicle must be registered with the city within 30 days to transfer its permitted status. iii. This permit shall not apply to subsequent property owners, subsequent property owners shall not be considered as having a grandfathered permit by virtue of their predecessor's permit. iv. This permit shall automatically and permanently expire if the vehicle storage is voluntarily discontinued for a period of one year. (4) Storage of boats and boat trailers. Boats, unoccupied boat trailers, and boats on trailers shall be subject to the following storage requirements when not stored for commercial purposes: a. Licensing, operability and restorations. All boats stored outside on a residential property shall be currently licensed to the owner or occupant of the property. All boats stored on a property shall be in operable condition. For the purposes of this section, Inoperable condition shall mean a boat lacking parts essential to operation, including but not limited to motor, propeller, battery; or having the interior, including the driver's position, used for storage in such a manner that no person can operate the vehicle. b. Principal residence required. No boat shall be stored on a property or on a group of contiguous commonly owned properties that does not contain a principle residence structure. c. Required setbacks. Boats, including trailered boats, and unoccupied boat trailers may be stored in any yard, provided that a five feet setback is provided. d. Screening. Screening is not required for outside boat storage when in conformance with this section. If boats are shrink wrapped, white is the preferred color but is not mandatory. e. Dispute resolution. Complaints regarding boats stored in lakeshore yards and potentially impacting a neighbor's views of the lake will be referred to a dispute resolution committee, consisting of the planning director, the building official, and a member of the planning and zoning staff. (5) Prohibited parking or storage. Outdoor parking or storage of special mobile equipment as defined in this section shall be prohibited in any "R" district. (6) Prohibited material storage. Any violation of this section is subject to abatement upon seven days' written notice to the owner of private premises on which such material is found or any conditions in violation of this code section exist. The owner of the property will be determined as shown by the records of the office of the county recorder. The city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. Additionally, the city may also seek injunctive relief for violation of this section. Owners of private property shall remove and keep removed from all exterior areas of all residential properties the following items: a. Pest harborage. All exterior property shall be free from rodent harborage and infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed to accumulate outside a structure in a manner that attracts an infestation of pests. Materials permitted and approved for exterior storage shall be neatly stacked. b. Trash and debris. 1. All household garbage, offal, dead animals, animal and human waste, and waste materials. 229 Created: 2024-07-18 07:35:54 [EST] (Supp. No. 21, Update 3) Page 40 of 41 2. Accumulations of litter, glass, scrap materials (such as wood, metal, paper, and plastics), junk, combustible materials, stagnant water, plastic bags or trash. 3. Accumulations of clothing and any other items not designed for outdoor storage. c. Non-trash items. 1. Accumulations of wood pallets. 2. Accumulations of vehicle parts or tires. 3. All construction and building materials unless such materials are being used at the time in the construction of a building, in which case such construction must be permitted and on a continuous, uninterrupted basis. 4. All appliances or appliance parts. 5. All indoor or upholstered furniture of a type or material which is deteriorated by exposure to outdoor elements. 6. Brush piles exceeding 15 feet in diameter and six feet in height 7. All recycling materials except for reasonable accumulations, amounts consistent with a policy of regular removal, which are stored in a well-maintained manner according to Chapter 50 and Chapter 54. 8. All other non-trash items which: (i) Are of a type or quantity inconsistent with normal and usual use; or (ii) Are of a type or quantity inconsistent with the intended use of the property; or (iii) Are likely to obstruct or impede the necessary passage of fire or other emergency personnel. d. Fertilizer and burial of waste. No person shall leave, deposit, or cause to be placed on any private ground any garbage, sewage, waste, debris, carcass, or other substance or matter which is offensive or unhealthy by decomposition unless the same be buried at least three (3) feet under the surface of the ground; provided, that the use of manure and phosphorous free fertilizer in the normal course for agriculture or horticulture is permitted. (Code 1984, § 10.60(13); Ord. No. 206 2nd series, § 1, 9-10-2001; Ord. No. 4 3rd series, § 2, 11-11-2003; Ord. No. 21 3rd series, § 1, 11-8-2004; Ord. No. 29 3rd series, §§ 1—3, 10-24-2005; Ord. No. 256 3rd series, § 1, 5-10-2021; Ord. No. 303 3rd series, § 5, 4-8-2024) Sec. 78-1578. Waste materials. Waste material shall not be washed into the public storm sewer system nor the sanitary sewerage system without first having received a permit to do so from the city. If the permit is not granted, a method of disposal shall be devised which will not require continuous land requisition for permanent operation and will not cause a detrimental effect to the adjacent land. Should the waste be of solid form rather than fluid, the storage area shall be so located and fenced as to be removed from public view. In all districts, all waste material, debris, refuse, garbage, materials not currently in use for construction or otherwise regulated in this section shall be kept in an enclosed building or properly contained in a closed container for such purposes. The owner of vacant land shall be responsible for keeping such vacant land free of waste material and noxious weeds. (Code 1984, § 10.60(14)) 230 Created: 2024-07-18 07:35:54 [EST] (Supp. No. 21, Update 3) Page 41 of 41 Cross reference(s)—Solid waste, ch. 50. Sec. 78-1579. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing flooding, or erosion on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, ponding area or other suitable facility. (Code 1984, § 10.60(15)) Sec. 78-1580. Traffic control. The traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards or excessive traffic through residential streets. Vehicles backing from a parking space shall not back into the public street. No access drive to any lot shall be located within 20 feet of any two intersecting street right-of-way lines. (Code 1984, § 10.60(16)) Cross reference(s)—Traffic and vehicles, ch.66. Sec. 78-1581. Radiation, electrical disturbance. No activities shall be permitted that emit dangerous radio activity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation of any point of any equipment, including but not limited to radio and television reception other than that of the creator of the disturbance. (Code 1984, § 10.60(17)) Secs. 78-1582—78-1589. Reserved. 231 PLANNING COMMISSION Date: ,��-� 2I ZIJZ Sign In! PRESENTTO SPEAK FOR: NAME ADDRESS ITEM # PUBLIC COMMENT jam, P;W'Cwvm� 4q 3 1b2. _ 3. MaL t( C16i k,,,r 2 5 DihyGiS 5 !:n tqji�c S. Z ❑ Kan Le,%l14� zoo n A(rA vcga:b �� ❑ 7. ❑ 8. ❑ 9. ❑ 10. ❑ 11. ❑ 12. ❑ Be ❑ 14. ❑ 15. ❑ assistive listening device available upon request