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HomeMy WebLinkAbout11-28-2016 Council Work Session Packet - Joint PCJoint City Council & Planning Commission Work Session Monday, November 28, 2016 Orono Police Training Room 5:00 p.m. AGENDA 1. City Code of Ordinances Review for 2017 (5:00 — 6:45) MEMORANDUM TO: ORONO CITY COUNCIL, PLANNING COMMISSION MEMBERS FROM: JEREMY BARNHART, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE REVIEW AND PRIORITIZATION DATE: NOVEMBER 28, 2016 On Monday, a work -session discussion is planned to identify and prioritize any necessary changes to the city code. In anticipation of this discussion, staff identified a number of issues, briefly described in the attached spreadsheet. This year, 51 issues have been identified, up from 38 last year. The Council and Planning Commission are asked to review these statements prior to the meeting and be prepared to: 1. Add to the list of issues to be prioritized 2. Agree or disagree with the issues stated 3. Prioritize the research and development of solutions 4. Identify issues to be removed from the list. To facilitate the prioritization of the issues, each member will identify 5 high, 5 medium, and 5 lower priority issues. Staff's recommendation is shown. Additionally, each member will be given 2 "remove from list" votes. The highest vote getters there will be removed from the list. Staff is currently working on ordinances related to emergency docks and sex offender location restrictions, these are not listed. The Exhibit 2015 progress shows the results from last year's review of ordinances. Issues highlighted in gray have been completed. 14 issues were reviewed, including all 5 of the high priority items and 7 of the top 10. Exhibit A — 2015 Progress Exhibit B — 2016 List 2015 Progress Council Workshop Exhibit A No. Summary Issues/Discussion Total Points Notes/ Recent Action (11-4-16) The definition of half story: "Half story means the uppermost floor of a building in which (i) the intersection of the exterior wall and the roof is not more than three feet above the floor elevation, and (ii) not more than 60 percent of the floor area within the exterior walls of the uppermost floor 23 2016 HP 1/2 Story definition exceeds five feet in height as measured from the floor to the rafters. Floors exceeding these 29 Case number 16-3815 Completed parameters shall be deemed a full story." is very confusing for the public to understand, causing a lot of resubmittals and redesign of the house. The definition should be amended to make it easier to understand. The City should consider changes to ordinance standards and public street light policies which 2 2016 HP Dark Skies Standards reduce ambient light emissions to reduce the impact of light pollution to the night sky in our rural 27 Case Number 15-3784.4-11-16 Council tabled residential lake culture setting 2016 HP Accessory structures, including hot tubs and detached decks are required to be built 10 feet from a 23 Completed. Case number 16-3809. Council 38 Accessory Structures house. This setback seems unnecessary. approved 3-14-16 The definition of "Existing ground level" means the elevation of the grade at the base of an existing structure, measured at points abutting the foundation wall, or the existing grade of a vacant lot." is 30 2016 HP Existing Grade definition not consistent with the current practice employed, which is the grade at the time of plat approval. 20 Completed Case number 16-3817 The goal is to avoid the artificially raising the grade to getting a higher house. Current practice should be codified. Section 78-98 (b) does not make sense and its applicability is questioned. It suggests a 6th month 33 2016 HP Notice of Hearing window to acquire land. Further, why is the public notice 350 for CUP and 150 for variances? It 19 Completed. Case number 16-3810. Council approved 3-14-16 may be more beneficial for the notice area be consistent. 28 2016 MP Boundary line adjustments Lot line arrangements, boundary line adjustments, and other non -subdivisions that do not result in 18 Case number 16-3824. Public hearing 4-18-16 a new lot could be handled administratively, saving applicant, council and staff time. PUD, RPUD & PRD contain overlaps in the code and are confusing; A easier to understand code may 5 2016 MP RPUD process ordinance revisions 18 encourage more of these creative types of development. We should review accessory dwelling units and how they apply to granny flats and similar housing 40 2016 MP Policy discussion arrangements. 16 Orono code language should be clarified to be consistent with state shore land standards with 15 2016 MP Existing substandard shore land lots regard to minimum lot size and width vs. underlying zoning. Has been amended three times (Ord. 16 of record 92, 95, and 108) The sketch plan process is a requirement for class III subdivisions and may impact the 120 day review period requirements. Additionally, the sketch plan process does not provide for feedback on 26 2016 MP Sketch Plan process other types of applications where the process might be beneficial, such as ordinance amendments, 16 Comp plan amendments, site plans. Making the sketch plan optional and an independent process would alleviate both concerns. Should notification be added to the process? Completed. Case number 38-3823 The City's wetland setback requirements are greater than area communities and the watershed 31 2016 LP Wetland Setbacks district. Perhaps the benefits are no longer valid. Further, there appears to be a conflict between 15 the septic code and the wetland setback. Many roads approaching 30-40 years in age and increasing pressure is expected toward the city to 4 2016 LP Private roads standards/policies take them over and fix them up — A policy should be developed to respond to these requests. 14 Roseville or Richfield was recently (11/15) profiled in the paper as an example of a process Septic Code updates regarding Create an option whereby a landowner can obtain approval for extending the every 3 year pumping 19 2016 LP pumping maintenance intervals & requirement on ayear-by-year basis where documentation is provided and a management plan 13 agreement is entered into requiring verification that septic tanks are not needing to be pumped yet, Type IV systems especially in the case of Big Island where the transportation cost is exceedingly high Slope Failure and Stabilization There is an opportunity to improve the process of dealing with slope failures before they occur and 8 2016 LP in emergency situations; standards, review process, collaboration with MCWD, etc. would benefit 12 Ordinance or Policy residents. Code allows certain accessory structures(pools) within a certain size to be built in front of the 36 2016 LP Accessory structures and pools principal building, outside of the required yard. Historically, staff has not permitted any structure. 12 Further, 78-1436 allows for a 15 side yard setback for accessory structures between 750 and 1000 sq. ft. Setbacks for accessory structures should be reviewed The existing system of determining connection charges should be reviewed to ensure they are Fees have been reconfigured to meet the goal, 7 2016 LP Sewer Connection Charges Policies equitable and uniform. 12 included in the 2017 fee schedule 37 Appeal time frame The appeals process as outlined in 2-41 does not stipulate a timeline for filing the appeal. There 11 Noted by City Attorney as high priority, Council should be a deadline to avoid protracted processes. concurred in July. Completed. 16-3865 Review the Septic code, compare with State/ County requirements. Determine if the differences 18 Septic Code 11 are worth the added layer of review and permitting. The statute allows for certain subdivisions to be reviewed differently, skipping a planning 29 Lot splits commission process. could be reviewed and do not need to be, adding time, expense, and 9 roadblocks unnecessarily. Changes could save staff and applicant time. 16 Special lot combinations Special lot combos should be clarified to exclude non -riparian lots in calculation of average 8 lakeshore setbacks. Drafted, need to schedule. Comp Plan text/map amendments The Comp plan notes certain density ranges. The future Comprehensive Plan should be clear as to 1 re: densities in certain districts the goal of certain districts in terms of density and development patterns. 8 24 Vacation Rentals Residents are renting their homes on a short term basis. Renters' behavior impacts the peace and 8 enjoyment of the rest of the neighborhood. Vacation rentals should be regulated. Case number 15-3759. Council tabled 4-11-16 9 SWMP - zoning code revisions to Ordinances codifying the Surface Water Management Plan standards must be adopted to fully 7 formalize implementation implement the plan. 13 CUP modification procedures & Need to add provisions which prescribe the process and what thresholds trigger minor vs. major 6 standards created amendments 25 Average Lakeshore: Fences The definition of average lakeshore as it applies to fences is different than as it applies to buildings. 6 These should be consistent. The city should develop a clear set of objective and effective standards for permitting tree removals 12 Tree Preservation Ordinance in the following situations: large and small lots, plats, conservation subdivisions, and shore land 6 areas. 39 Drones Drones may be disruptive to neighbors 6 There are several areas with lots substantially below (1/2 acre or less) the minimum 2 acre lot 22 Small lots in older neighborhoods zoning requirements; Either a new zoning district or a new district classification, i.e.: Crystal Bay, 6 Mtka Bluffs, Stubbs Bay Ne. Previous Councils suggested this to be reviewed as part of the Comprehensive Plan. 21 Conservation Design The Conservation design requirements and process should be reviewed to ensure consistency with 4 Councils goals. 17 Maximum number of vehicles Consider limitations on the number of vehicles that can be stored outdoors on single family lots to 4 stored outdoors avoid excessive clutter in residential properties The non -conformity regulations must be reviewed to ensure they comply with 44 Code of Federal 34 Non -conformity Flood Regulations, in particular regarding flood regulations. Additionally, change or remove the 15' 3 requirement for full separation for small lots in the flood plain. (From Flood plain training) 82-281 establishes the maximum length of a cul de sac at 1,000 feet. Recent subdivisions have 32 Cul-de-sac length exceeded this length. If the Council is comfortable with a longer maximum, the ordinance should be 3 changed to reflect this distance 10 Sign Ordinance The entire sign ordinance should be reviewed and revised to address content neutral signage and to 3 reflect market demands and city goals. 'Park' definition to refer specifically There is concern that certain large lakeshore estate properties might be acquired by other agencies 3 to passive parks and natural areas, to use for high-intensity park -related or event -center uses incompatible with our residential zoning 1 not event -center oriented and/or competing with existing facilities. ordinance revision 35 Landscaping There are no landscaping requirements except for the 1-1, B-2 and RPUD zoning districts. There 0 should be landscaping requirements for B-4, B-6 and the other commercial zoning districts. Not ranked, acted on Not ranked, acted on Not ranked, acted on Not ranked, acted on Others added and acted on Floodplain regulations Revised Floodplain ordinances, mandated by the State Temp Dwelling Units Drop Houses. Time sensitive reponse to legistlative changes Sex Offender location regulations Location of released Level III offenders should be regulated away from at rick populations Emergency Docks Amend ordinance originally drafted in April to allow LLFD to suse and store boat overnight Completed. Case number 16-3841 Completed. Case number 16-3840 Active. No case number assigned Active. Case number 16-3878 Nuisances (dog barking, long grass, debris, light and glare, smells) could be better defined and Partially included in the Lighting amendment 15 - 27 Nuisances written from an enforcement strategic viewpoint. O 3784, tabled 4-11-16 20 Heliports The ordinance should include provisions for the landing of helicopters and airplanes on lakes and on U large private properties. 14 Interim Use Permits (IUP) standards The city should explore Interim use permits as tool to allow the use of certain property with a time U created limit. 11 Comm'I/Residential Kennel Defs The approval and licensing requirements of kennels should be developed, wherever they are U (78-1376, 62-161/183/184) permitted, while removing any inconsistencies. 6 RS Dist. - Bldg. & foundation The RS District's (Big Island) standards for construction and setback should be reviewed. 0 standards - ordinance revisions Not ranked, acted on Not ranked, acted on Not ranked, acted on Not ranked, acted on Others added and acted on Floodplain regulations Revised Floodplain ordinances, mandated by the State Temp Dwelling Units Drop Houses. Time sensitive reponse to legistlative changes Sex Offender location regulations Location of released Level III offenders should be regulated away from at rick populations Emergency Docks Amend ordinance originally drafted in April to allow LLFD to suse and store boat overnight Completed. Case number 16-3841 Completed. Case number 16-3840 Active. No case number assigned Active. Case number 16-3878 2016 List Council workshop Exhibit B Direct No. Summary Age Issues/Discussion impact to LU or Building Time Estimate (City Recommendation Notes permit Council meetings) response? Code allows certain accessory structures(pools) within a certain size to be built in front of the Accessory Structures. Accessory principal building, outside of the required yard. Historically, staff has not permitted any structure. 1 2015 Yes 1-2 structures and pools Further, 78-1436 allows for a 15 side yard setback for accessory structures between 750 and 1000 sq. ft. Setbacks for accessory structures should be reviewed. Accessory uses. Granny flats We should review accessory dwelling units and how they apply to granny flats and similar housing 2 2015 2-3 and additional arrangements. Currently, the city charges all applicants an application fee. Should taxing authorities pay fees for 3 Application fees. Tax authorities 2016 the review of projects? In essence, we are charging our taxpayers for the review of projects that 1 benefit them. Hennepin county, the school district, etc. The definition of average lakeshore as it applies to fences is different than as it applies to buildings. 4 Average Lakeshore: Fences 2015 Marginal 1-2 Would consistency improve clarity? Comm'I/Residential Kennel The approval and licensing requirements of kennels should be developed, wherever they are 5 DeI/f's (78-1376, 6e Pre 2013 1 161/183/184) permitted, while removing any inconsistencies. Comp Plan text/map The Comp plan notes certain density ranges. The future Comprehensive Plan should be clear as to To be included in the 2018 6 amendments re: densities in Pre 2013 N/A the goal of certain districts in terms of density and development patterns. Comprehensive Plan certain districts The Conservation design requirements and process should be reviewed to ensure consistency with Councils 7 Conservation Design 2014 goals. 1-2 CUP modification procedures & Need to add provisions which prescribe the process and what thresholds trigger minor vs. major 8 2014 Yes 1-2 High standards created amendments. The City should consider changes to ordinance standards and public street light policies which Case Number 15-3784. 4-11-16 Council 9 Dark Skies Standards 2015 reduce ambient light emissions to reduce the impact of light pollution to the night sky in our rural 3+ tabled residential lake culture setting. Should the city regulate drones in addition to those regulations imposed by the Fed Govt. Drones 10 Drones Pre 2013 1 may be disruptive to neighbors. 11 Escrow 2016 Review the requirements for escrow deposits and agreements. Yes 1-2 Medium There is concern that certain large lakeshore estate properties might be acquired by other agencies Estate transformation to event 12 Pre 2013 to use for high-intensity park -related or event -center uses incompatible with our residential zoning 1-2 center and/or competing with existing facilities. Should the regulations for fencing and fence walls be reviewed? Further, should permits be 13 Fencing/ landscape walls 2016 Yes 1 required for fences and landscape walls. Currently, permits are not required. 14 Hardcover 2016 Review hard cover exclusions including roads and trails for public's benefit. Yes 1-2 15 Hardcover. Lot of Record 2016 Review hardcover tier to ensure they are appropriate. Yes 3+ The ordinance should include provisions for the landing of helicopters and airplanes on lakes and on 16 Heliports 2014 1-2 large private properties. 17 Housekeeping. House Numbers 2016 Building Code requires 4" min height. 1 18 Housekeeping. Recreation Fires 2016 Remove permit requirement for recreation fire. Yes 1 19 Housekeeping. Street Signs 2016 Street signs are due at building permit, not CO. Public safety issue included in the Building Code. 1 Interim Use Permits (IUP) The city should explore Interim use permits as tool to allow the use of certain property with a time 20 2014 1-2 Low standards created limit. 21 Land uses 2016 Uses. Review uses permissible and conditional in the Business districts, including care facilities. Yes 1-3 High Tree/ Landscaping. There are no landscaping requirements except for the 1-1, B-2 and RPUD zoning 22 Landscaping 2015 districts. There should be landscaping requirements for B-4, B-6 and the other commercial zoning 1-2 districts, especially as redevelopment occurs. The statute allows for certain subdivisions to be reviewed differently, skipping a planning commission 23 Lot splits 2015 process. could be reviewed and do not need to be, adding time, expense, and roadblocks unnecessarily. Yes 1 Changes could save staff and applicant time. Ordinance allows the replacement of non -conformities taken in an Act of God, replace in 12 24 Non -conformity issues 2016 Yes 1 months. Voluntarily, replace in 6 months. These should be consistent. Nuisances (dog barking, long grass, debris, light and glare, smells) could be better defined and Partially included in the Lighting 25 Nuisances 2015 written from an enforcement strategic viewpoint. 1-2 amendment 15-3784, tabled 4-11-16 Uses. Gardens are a permitted principal use in some zoning districts. In these districts, a property 26 Permitted uses: gardens 2016 1-2 owner may add a dock to a lot with a garden, satisfying the ordinance. Is this the intent? 27 Policy RE Planning Commission 2016 Policy. Prepare and codify bylaws governing the planning commission. 2-3 Many roads approaching 30-40 years in age and increasing pressure is expected toward the city to 28 Policy: Private roads standards Pre 2013 take them over and fix them up — A policy should be developed to respond to these requests. 1-2 Low Roseville or Richfield was recently (11/15) profiled in the paper as an example of a process. RS Dist. -Bldg. &foundation 29 Pre 2013 The RS District's (Big Island) standards for construction and setback should be reviewed. Yes 1-2 standards Uses. Should the school district be in its own land use zone, to better address long term School district/ Institutional 30 2016 improvements and permitting. Currently, the schools are zoned residential (2 acre), and many of 1-2 Low zoning the regulations applied to the residential are not applicable to the school district. Review the Septic code, compare with State/ County requirements. Determine if the differences are worth the added layer of review and permitting. Create an option whereby a landowner can obtain approval for extending the every 3 year pumping requirement on a year -by -year basis where 31 Septic Code Pre 2014 Yes 2-3 documentation is provided and a management plan agreement is entered into requiring verification that septic tanks are not needing to be pumped yet, especially in the case of Big Island where the transportation cost is exceedingly high. Orono code language should be clarified to be consistent with state shore land standards with 32 Shore land lots of record 2014 regard to minimum lot size and width vs. underlying zoning. Has been amended three times (Ord. Yes 2-3 92, 95, and 108) The entire sign ordinance should be reviewed and revised to address content neutral signage and to 33 Sign Ordinance Pre 2013 reflect market demands and city goals. Issues specific to special events, residential entrances, Yes 3-4 High temporary, election should be reviewed. Site Plan. Should all site plans be reviewed as part of a public hearing? Adds unnecessary time and 34 Site Plan review 2016 Yes 1 Medium expense to uses that are permitted. There is an opportunity to improve the process of dealing with slope failures before they occur and Slope Failure and Stabilization 35 Pre 2013 in emergency situations; standards, review process, collaboration with MCWD, etc. would benefit Marginal 2-3 Ordinance or Policy residents. There are several areas with lots substantially below (1/2 acre or less) the minimum 2 acre lot Small lots in older zoning requirements; Either a new zoning district or a new district classification, i.e.: Crystal Bay, 36 Pre 2013 Yes 1-3 Low neighborhoods Mtka Bluffs, Stubbs Bay Ne. Previous Councils suggested this to be reviewed as part of the Comprehensive Plan. 37 Special Events 2016 Special Events. Review the standards for special events, specifically the number of times Yes 1-2 High 38 Structural Coverage 2016 Structural Coverage. Review structural coverage calculations, what is included, what isn't Yes 1-3 High 82-281 establishes the maximum length of a cul de sac at 1,000 feet. Recent subdivisions have exceeded this 39 Subdivision: Cul-de-sac length 2015 length. If the Council is comfortable with a longer maximum, the ordinance should be changed to reflect this 1 distance. 40 Subdivision: Outlots 2016 Review the provision that an outlot is not a buildable lot. 1 Subdivision: RPUD process PUD, RPUD & PRD contain overlaps in the code and are confusing; A easier to understand code may 41 Pre 2013 2-3 Medium ordinance revisions encourage more of these creative types of development. 42 Subdivision: Special lot 2014 Special lot combos should be clarified to exclude non -riparian lots in calculation of average Lakeshore Yes 2-3 Medium combinations setbacks. Drafted, need to schedule. SWMP - zoning code revisions to Ordinances codifying the Surface Water Management Plan standards must be adopted to fully 43 Pre 2013 2_3 Medium formalize implementation implement the plan. 44 Transient Merchant 2016 Review pop up sales, food trucks, kids sales exceptions? 1 Tree/ Landscaping. Tree 45 2016 Establish policy to review and approve/ deny tree removal in right of way 1 Replacement requirements The city should develop a clear set of objective and effective standards for permitting tree removals Trees/ Landscaping Tree 46 Pre 2013 in the following situations: large and small lots, plats, conservation subdivisions, and shore land Yes 1-2 Preservation Ordinance areas. 47 Vacation Rentals 2015 Should short term rentals be regulated by the City? 2-3 Vehicles. Maximum number of Consider limitations on the number of vehicles that can be stored outdoors on single family lots to 48 2014 1-2 vehicles stored outdoors avoid excessive clutter in residential properties Wetlands. The City's wetland setback requirements are greater than area communities and the 49 Wetland Setbacks 2015 watershed district. Perhaps the benefits are no longer valid. Further, there appears to be a conflict Yes 1-2 between the septic code and the wetland setback. Additional yard provisions. 78-1406 provision intended to provide relief from strict reading of the 50 Yards. Yard setback flexibility 2016 Yes 1-2 Low setback requirements could be more clearly written. 51 1 Sketch Plan 2016 Review the procedure for sketch plans. Should these include public hearings?