Loading...
HomeMy WebLinkAboutPL PACKET 08202002 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102889 BOX: 27 Folder: PL PACKETS 2000-2004 Document: PL PACKET 08202002 MEMORANDUM DATE: 07/10/02 MEETING DATE: 07/16/02 TO: Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Discuss amendment relating to the definition of"garage" and "accessory building" and to regulate the size of garages Background: On June 25, 2002, a number of residents attended the City Council meeting and had comments about the subject. It was decided by the City Council that the issue should be sent back to the Planning Commission for further review and discussion. Please review the attached minutes regarding the City Council's discussion. One of the ideas brought forward was to have an architect draw out what the proposed ordinance change could do to a house from how it is today with the current ordinance. In other words, how different would it look? Would drawings be helpful to Commissioners to study this issue? If so, they could be presented as early as next month's Planning Commission meeting, August 20. The Planning Commission could then make a recommendation to the City Council to postpone the second and third readings on the ordinance until after August 20. Perhaps drawings will not -be necessary; the issue can be studied from a conceptual level. One thought about the ordinance is that the garage square footage should be left out of computing the floor area ratio (FAR) all together, like it has been interpreted in the past. The City Attorney's Office felt the definitions "garage" and "accessory building" needed clarification. As far as the garage square footage total, it can be either in or out of the FAR. The Building Official feels that it should be left in, like it has been interpreted in the past. He thinks doing more changing will create more loopholes, which seem to exist no matter how the ordinance is written. Finally, another thought is to increase the floor area ratio from .30 to something larger. The complaints about the new home at 3501 Downer's Drive pertain to the sheer mass and height in relation to the rest of the neighborhood. Will the proposed ordinance be promoting similarly sized homes residents aren't comfortable with? Staff Recommendation: Please be prepared to discuss these items and offer a recommendation to the City Council on July 23. Attachment: e Excerpts from June 25, 2002, City Council Minutes City Council Regular Meeting Minutes June 25, 2002 Page 3 1 which is a very easy and common adjustment to make. He added that he was 2 comfortable with the proposed changes. 3 4 5 Motion by Councilmember Faust, second by Councilmember Thuesen,to approve 6 Resolution 02-054, re: Considering the four conditions as set by the Planning 7 Commission to allow construction of a Culver's Family Restaurant at 4000/4001 Silver 8 Lake Road. 9 10 Motion carried unanimously. 11 12 In addition, at their June 18, 2002 meeting, the Planning Commission recommended Council 13 approval of the following ordinance amendments: 14 15 2. Consider amendment to City Ordinance relating to the definition of"garage" and 16 "accessory building" and to regulate the size of garages in residential districts.Is' 17 reading. 18 Councilmember Sparks asked if this ordinance would effect how something 19 would look from the outside. Stille stated that he did not think that it would. 20 21 Jerry Gilligan stated that, regarding the particular house in question, the 22 appearance from the outside would not change. He continued that, as the code 23 reads now,the flooring of an attached garage is included in the building footprint; 241 a detached garage is not included in the floor area ratio. 25 26 Gilligan suggested that a garage should either be included in the floor area ratio, 27 or not, regardless of whether or not the garage is attached. 28 29 Councilmember Horst stated that he felt that a garage should be included as space 30 in the floor area ratio, but the amount of land coverage needs to be determined. 31 32 Mornson stated that this ordinance is regarding the blueprint of the building in 33 relation to the lot. He continued that they still have to comply with lot coverage, 34 which will still restrict the size of the house as well as setbacks. 35 36 Mornson stated that the ordinance was to control the size of the house and that 37 there still exists a lot coverage ordinance. 38 39 Mayor Hodson asked why they would want to make such a restriction. Mornson 40 stated that they are attempting to clear up the ordinance because the inspector has 41 interpreted garages as part of the principle structure. 42 43 Mornson added that the way that the ordinance was written benefits the 44 ' homeowner in question. 45 46 Resident Mike Ptak, 3505 Downers Drive, lives just to the east of the discussed 47 house, which, he stated, was massive. He stated that he disagrees with the 48 Planning Commission on this issue, as he feels that the homeowner would have a City Council Regular Meeting Minutes June 25, 2002 Page 4 1 much less significant pitch on the house if he was unable to build above the 2 garage. 3 4 Ptak continued that nothing as been violated up to this point regarding the house, 5 but he does not think that one house should have the potential to change an 6 ordinance. He added that he does not feel that a home of such a large stature 7 belongs in the City of St. Anthony. 8 9 Resident Stan Nelson, 3504 Maplewood Drive, came forward and presented an 10 illustration of his view of the discussed home. He stated that they were looking at 11 a structure that looks very different from the front than the b_ack. 12 13 He continued that the new code would give the homeowner the opportunity to 14 further enlarge the structure. He showed the Council an example of a typical 15 home in St. Anthony, and pointed out the ways that it could be changed, if the 16 proposed ordinance was approved. 17 18 Nelson recommended that the city hire an architect/expert to do some 19 hypothetical scenarios to determine the likelihood of promoting these large homes 20 because of the proposed ordinance change. 21 22 Councilmember Horst stated that the comments from the residents were beneficial 23 and echoed the feelings of many of the residents of St. Anthony Village. He 24 added that Nelson's recommendation to hire an architect to review the discussed 25 situation and determine if the standard is right regarding the floor area ratio. He 26 added that he was not ready to vote on this amendment tonight. 27 28 Mayor Hodson stated that he had difficulty in telling a resident that he is unable to 29 expand square footage if he is going up and maintains the proper height 30 requirements, etc. 31 32 Mayor Hodson added that keeping the houses small does nothing for the city's tax 33 base. 34 35 Councilmember Horst stated that he was not interested in keeping houses small, 36 but would like to set a maximum square footage based on the lot size. 37 38 Gilligan stated that the difficulty was coming up with objective standards in the 39 zoning code, as well as coming up with a hardship. 40 41 Councilmember Faust stated that he did not feel it was appropriate to determine 42 the size of house that a resident can have when the lot coverage ordinance already 43 does that. He s� that they move this along to a se—url reading, take a 44 look at the thousand square foot again with the Planning Commission_ . 45 46 Councilmember Thuesen stated that a garage is part of the overall structure of a 47 house. He stated that he was comfortable enough to move this along to a second City Council Regular Meeting Minutes June 25, 2002 Page 5 1 reading, but had several unanswered questions before he felt that he could 2 approve an amendment to the ordinance. 3 4 Councilmember Sparks stated that, if they were interested in limiting the size of a 5 house, this was not the way. She added that perhaps what they needed to change 6 was the floor area ratio. 7 8 Stille stated that he felt that the Planning Commission should further examine the 9 issue and bring it back to the Council at a later date. 10 11 Morrison informed the Council that the homeowner still does not have the ability 12 to finish the living space above the garage, even if they move forward to the 13 second reading. 14 15 Councilmember Faust stated that there were three readings for the purpose of 16 public input. He added that moving the resolution along allows the Planning 17 Commission to come back to the Council with a proposed amendment. 18 19 Councilmember Sparks clarified that the thousand square feet was not the issue, 20 but that the floor area ratio was what needed to be changed. 21 22 Mayor Hodson stated that the Planning Commission should come back to the 23 Council with a recommendation and some information after they have gone 24 through this first reading. 25 26 Motion by Councilmember Sparks, second by Councilmember Faust, to consider 27 an amendment to City Ordinance 2002-002. 28 29 Motion carried 4-1, Horst opposed. 30 31 3. Consider amendment to City Ordinance regulating the placement of ground signs. 32 1 st reading. 33 Stille stated that the Planning Commission was recommending that the placement 34 of ground signs be 15 feet from the curb. 35 36 Morrison indicated that the Animal Hospital sign on 37th Avenue was an example 37 of a sign that was 15 feet from the curb, which is the way that they have been 38 interpreting the ordinance. 39 40 Motion by Councilmember Faust, second by Councilmember Sparks, to amend 41 City Ordinance 2002-003. 42 43 Motion carried unanimously. 44 45 4. Consider amendment to City Ordinance to delete Section relating to wax in the 46 production of candles and the production of home fragrance products as a 47 manufacturing permitted use in the Light Industrial district. 1St reading. 48 MEMORANDUM DATE: 06/12/02 MEETING DATE: 06/18/02 TO: Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manage SUBJECT: Floor area ratio and garage/accessory building Requested Action: Amend the City Ordinance relating to the definition of "garage" and "accessory building" in relation to the "floor area ratio" and to regulate the size of garages in residential districts. Background: Calculation of the floor area ratio came up this past spring in the plans for a new single family home at 3501 Downers Drive in St. Anthony. The builder, Tom Brama, didn't agree with how the floor area ratio was figured and had a different interpretation of the code than the Building Official (see Castle Inspection letter attached). Mr. Brama did not believe the garage should be treated as part of the floor area of the home. The City Ordinance requires a floor area ratio not to exceed 30% of the lot area in order to limit the mass of the structure. The floor area ratio is defined as "the ratio of the maximum permitted floor area of the principal building or buildings to the area of the lot on which they are located or to be located. The maximum allowable floor area on a lot is determined by multiplying the lot area by the floor area ratio." The City's Building Official and staff have read the City Ordinance to mean floor area is to include all floor areas except the basement and there have been no exception for garages, unfinished, or uninhabitable areas. The City Attorney's Office recently reviewed the code and believe the definitions of accessory building and garage is ambiguous to the definition of floor area ratio (see Dorsey and Whitney letter attached). For clarity sake, the City Attorney's Office recommends amending the City Ordinance as follows: (Redefine the term) Garage: An accessory building or portion of a principal building which is principally used for the storage of motor vehicles owned by occupants of the principal building. (Redefine the term) Accessory Building: A separate building or structure or a portion of a principal building or structure used for accessory uses. (Add to/Amend) Floor Area Ratio: The garage is not included in determining the floor area ratio as it is considered an accessory building. In addition to the above, the City may want to restrict the gross floor area of a garage cannot exceed 1000 square feet. Also, the City may want to add the garage cannot be bigger than the principal structure. Page 2 — Floor Area Ratio Staff Recommendation: Staff recommends approval of the amendments, as outlined above. It is advisable these changes be made to the R-1, R-1A, and R-2 residential districts, where floor area ratios are .30. All other zoning districts will remain unchanged. CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA AUGUST 20, 2002 7 p.m., Council Chambers 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC INPUT Individuals may address the Planning Commission about any item not included on the regular agenda. Speakers are requested to come to the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes. 5. APPROVAL OF AGENDA 6. MEETING MINUTES 6.1 Review and Approve Planning Commission Minutes of July 16, 2002 7. COMMUNICATION FROM CITY COUNCIL 7.1 Designate a Planning Commission Member to the August 27, 2002 City Council Meeting 8. INFORMATION AND DISCUSSION 8.1 Review preliminary site plan for Business Data Record Services, 3015 37th Ave NE 8.2 Review survey information and make recommendation to City Council re: amendment to city ordinance relating to the' definition of "garage" and "accessory building" and to regulate the size of garages in relation to the floor area ratio (FAR) in residential districts 8.3 Northwest Quadrant/Apache Redevelopment Update 9. ANNOUNCEMENTS 10. ADJOURNMENT ATTENTION PLANNING COMMISSION MEMBERS: IF YOU ARE UNABLE TO ATTEND THE MEETING, PLEASE CONTACT SUSAN HALL AT 612-706-1324. t 1 Planning Commission Meeting Minutes July 16, 2002 Page 1 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 JULY 16, 2002 6 7:00 p.m. 7 8 I. CALL TO ORDER. 9 Chair Melsha called the meeting to order at 7:00 p.m. 10 11 II. PLEDGE OF ALLEGIANCE. 12 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance. 13 14 III. ROLL CALL. 15 Commissioners present: Chair Melsha; Vice Chair Stille, Commissioners Hanson, Hoska, 16 Steeves, Tillman, and Thomas. 17 18 Absent: None. 19 20 Also present: Assistant City Manager Susan Hall. 21 22 IV. APPROVAL OF AGENDA. 23 Motion by Commissioner Thomas, second by Commissioner Hoska, to approve the meeting 24 agenda. 25 26 Motion carried unanimously. 27 28 V. PUBLIC INPUT. 29 Hearing no comments, Chair Melsha moved forward with the agenda. 30 31 VI. MEETING MINUTES. 32 6.1 Review/Approval of the Planning Commission meeting minutes of June 18, 2002. 33 Commissioner Thomas requested the following changes: 34 Page 3, line 23: "north" and"left" to be changed to "south' and "right". 35 Page 4, line 24 to be added: "Commissioner Thomas asked about the developer receiving 36 a $314,000 subsidy from the city, and why he could not comply with the 37 recommendation from DSU." 38 Vice Chair Stille requested the following change to Page 6, line 17: "Commissioner 39 Stille" to be changed to"Commissioner Steeves." 40 41 Motion by Chair Melsha, second by Commissioner Hanson, to approve the Planning 42 Commission meeting minutes of June,18, 2002, as amended above. 43 44 Motion carried unanimously. Planning Commission Meeting Minutes July 16, 2002 Page 2 1 2 VII. COMMUNICATION WITH CITY COUNCIL. 3 7.1 Designate a Planning Commission member to the City Council regular meeting g_ f July 4 23, 2002. 5 Chair Melsha indicated that he and Commissioner Hoska would determine who, between 6 them, was available to attend the next City Council meeting on July 23, 2002. 7 8 VIII. PUBLIC HEARINGS. 9 8.1 Drs. Hellickson, Larson, Portis and Associates: Si rage variance to allow fora jzround 10 sign consisting of 60 square feet for two copy surfaces, for a total of 120 square feet, 11 exceeding City Ordinance by 40 square feet. 12 Chair Melsha opened the public hearing at 7:07 p.m. 13 14 Susan Hall stated that the petitioner Drs. Hellickson, Larson, Portis and Associates, 15 located at 3909 Silver Lake Road, is requesting a sign variance to allow for two copy 16 services, for a total of 120 square feet. 17 18 She added that the petitioner's current sign at 80 square feet is not meeting the business 19 needs, which is why they were requesting the larger sign of 120 square feet. 20 21 According to City Ordinance, buildings with two or more businesses/tenants are allowed 22 80 square feet of copy surface area. Hall indicated that the petitioner states in the request 23 there will be no change in landscaping and no change in the location of the enlarged sign. 30 Dr. Karen Portis came forward to further explain the.need for.the request. She stated that . 31 the current sign has only two of the three tenants listed. 32 33 She added that the letter size of the current sign is also very small, and they would like to 34 see it enlarged for greater visibility from the street. 35 36 Chair Melsha asked if the doctors have thought about not listing their individual names, 37 but the name of the clinic instead. Portis indicated that they would take that route, if 38 necessary. She added that one of the problems in doing so is that the dentist group is sub- 39 leasing space in their office to two other doctors, who would like their names displayed. 40 41 Chair Melsha asked if turning the sign from a vertical position to a horizontal position 42 would meet their needs. Portis stated that she thought that horizontal positioning of the 43 sign would be better, but that they would still be forced to take off all of the names. 44 Planning Commission Meeting Minutes July 16, 2002 Page 3 1 Chair Melsha asked about a comment made by one of the doctors that their sign needed to 2 compete with the other signs along the Silver Lake Road corridor. Portis stated that she 3 was unable to personally respond to the comment. 4 5 Commissioner Thomas stated that he thought that Chair Melsha made a good point that 6 re-configuring the current sign would be beneficial. Portis stated that they could that, if 7 the variance was not granted. 8 9 Chair Melsha stated that his personal feeling was that there was not a true hardship to 10 warrant approval of the sign variance request. 11 12 Resident Martin Lunde, 3425 33`d Avenue Northeast, came forward and asked what 13 precedence was for other professional signs in St. Anthony. Chair Melsha stated that he 14 could not think of any other businesses in a building of this size in St. Anthony that listed 15 the individual names. 16 17 Chair Melsha closed the public hearing at 7:17 p.m. 18 19 Vice Chair Stille stated that his feeling was that he would be looking for an address when 20 going to his doctor, rather than the names of doctors on a sign, and stated that he could 21 not find hardship in the request. 22 23 Commissioner Hoska stated that he agreed with Vice Chair Stille, and would be looking 24 for an address, not names, on a sign. 25 26 Portis came forward to propose a different sort of sign to represent the different offices 27 within the building. Chair Melsha stated that they would need to work with staff on the 28 issue. 29 30 Commissioner Hanson urged them to go with a new horizontal sign, rather than a vertical 31 one. 32 33 Motion by Commissioner Thomas, second by Commissioner Hoska, to deny the sign 34 variance request by Drs. Hellickson, Larson, Portis and Associates for a sign variance. 35 36 Motion carried unanimously. 37 38 IX. INFORMATION AND DISCUSSION. 39 9.1 Discuss amendment to city ordinance relating to the definition of"garage" and"accessory 40 building" and to regulate the size of garages in residential districts. 41 Chair Melsha invited resident Stan Nelson to come forward and address the Commission. 42 43 Nelson, 3504 Maplewood Drive, came forward and invited every commissioner to visit 44 his home and see the view of the house at 3501 Downers from the back. Vice Chair Stille 45 has already been to Nelson's home to see his view. 46 Planning Commission Meeting Minutes July 16, 2002 Page 4 1 Nelson stated that he has taken the proposed change in the city ordinance that is 2 recommended, and added his recommended changes to the changes already proposed for 3 select sections of the city ordinance. 4 5 Nelson's recommendation included the deletion of the last line of Section 1605, 6 subdivision 31. He added 2 options to subdivision 31: 7 • Floor Area Determination, Option 1: The garage is included as floor area in the 8 comparison calculation to determine compliance with the maximum floor area 9 allowed. 10 • Floor Area Determination, Option 2: An attached garage need not be included in 11 the area calculation to determine compliance with the maximum floor area 12 allowed, providing that the garage height does not exceed xx feet when measured 13 from the garage floor to its roof peak. 14 15 Nelson stated that he believes that his additions/modifications to the currently proposed 16 ordinance change provide a needed degree of protection so that new homes or remodeled 17 homes cannot be built that turn out to be visual eyesores. 18 19 Nelson added that he was not making direct reference to the house at 3501 Downers as, 20 structurally, it does meet the building codes. 21 22 Nelson stated that his ultimate goal was to soften the profile that is seen from the rear. 23 24 Resident Lunde asked if, in determining floor area for the lot, is it total floor area in the 25 house,or ground floor projected area. Chair Melsha stated that it does not count the 26 basement, but it does count all of the other floors. 27 28 Lunde asked how they deal with tuck-under garages. He added that he thought that it is 29 the architectural design in blocking and massing is what makes the difference in 30 designing a house. 31 32 Lunde suggested that they keep aesthetics in mind when they make this amendment. 33 34 Vice Chair Stille stated that a Design Review Board might be a viable option to help with 35 this problem. He added that he spoke with a builder who stated that most communities 36 are maintaining a 1000 square foot maximum on garages. 37 38 Vice Chair Stille asked if staff has looked into other communities and how the issue is 39 handled. Hall indicated that they have not looked into other cities, but that it was an 40 option. 41 42 Commissioner Thomas came forward with photographs of a several different homes. He 43 stated that he does a lot of research regarding preserving neighborhoods versus building 44 monster homes. 45 Planning Commission Meeting Minutes July 16, 2002 Page 5 1 Commissioner Thomas suggested that a neighborhood meeting take place for the purpose 2 of discussing how a new house will fit into an existing neighborhood be part of the 3 application process. 4 5 Commissioner Thomas stated that certain design features need to be set. He added that 6 they need to maintain the lot size ratio, and examine the option of a greater floor area 7 ratio (FAR). 8 9 Commissioner Thomas recommended that the city get a student from the Department of 10 Housing to do a housing and neighborhood analysis this fall. The study should examine 11 the age, size, physical condition, neighborhood characteristics, demographics, etc. 12 13 Commissioner Steeves stated that he would like to see what some other communities are 14 doing with regard to FAR and their code, versus hiring an architect to draw some 15 examples. He added that some of Commissioner Thomas' other comments were 16 valuable. 17 18 Chair Melsha stated that he agreed with the City Attorney that an attached garage, or a 19 detached garage should be treated the same. 20 21 The Commission questioned what they should pass along to Council. It was determined 22 that they would recommend postponement of the second reading of the amendment. 23 24 Lunde asked what the function of FAR was. Chair Melsha stated that it was the ratio of 25 the amount of floor space versus the lot size. 26 27 Lunde stated that a lot of communities have an architectural review board where people 28 volunteer their time for a couple of years. He added that he liked the idea of talking to the 29 neighbors. 30 31 Chair Melsha stated that it would be a good idea to have staff pull together some 32 information for City Council, perhaps comprise a sub-committee to come up with a 33 recommendation. 34 35 It was determined that they would provide the Council with a summation of what some 36 other cities are doing regarding FAR and Design Review Boards. 37 38 Vice Chair Stille and the rest of the Commission thanked Nelson for his work presented 39 this evening. 40 41 9.2 Northwest Ouadrant Redevelopment Update. 42 Susan Hall stated that the City Council submitted a Metropolitan Council Livable 43 Communities Grant this past Monday. 44 Planning Commission Meeting Minutes July 16, 2002 Page 6 1 Hall indicated that the development team and the city meet every two weeks. They are 2 currently working out feasibility issues, and other issues related to property acquisition, 3 funding, etc. 4 5 Hall stated that if residents are interested in housing, they should contact the developer, 6 Pratt-Ordway at (651)631-8059. 7 8 X. ANNOUNCEMENTS. 9 Commissioner Hanson stated that some beautification was happening at the shopping center this 10 evening. He added that the shop owners were going to meet next Tuesday and see what is 11 possible for green space down at the shopping center. 12 13 Commissioner Thomas stated that he felt it was a very productive meeting. 14 15 XI. ADJOURNMENT. 16 Motion by Commissioner Steeves, second by Commissioner Hoska, to adjourn the meeting at 17 8:12 p.m. 18 19 Motion carried unanimously. 20 21 22 23 Respectfully submitted, 24 25 26 Courtney Seesz 27 Timesaver Off Site Secretarial, Inc. 28 MEMORANDUM DATE: 08/12/02 MEETING DATE: 08/20/02 TO: Chair Melsha & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Business Data Record Services Expansion Background: City staff has met twice with President Mark Cloutier of Business Data Record Services and their contractor Mark Murlowski of Belair Excavating regarding their plans for demolition and expansion at 3015 37'h Avenue Northeast. At this point, they would like to bring their plans forward for informal review and discussion to get feedback on their preliminary site plan. They hope. to bring final plans to the September 17 Planning Commission meeting. They anticipate construction beginning Fall 2002 or Spring 2003. Their plans call for demolition of four existing buildings and construction of a new 40,000 s.f. building. Although not marked on the preliminary site plan, the applicants may need a variance as they have mentioned a building height of 43-44 feet. Maximum building height in a Light Industrial zoning district is 35,feet. A good example of what this will look like is Business Data Record Services, which was recently constructed at 200 Old Highway 8 in New Brighton. That building stands 42 feet in height. Mr. Cloutier stated his electronic storage business is growing and hence the need for more space. The city engineer has asked that drainage be addressed so that the runoff from the site goes to a water retention pond. A new retention pond is shown on the preliminary site plan. Parking is adequate at the site, per city code, because this is a warehousing facility which requires the facility must have at least one space per employee on the largest shift plus one parking space per company vehicle. There are 40 parking stalls shown on the site plan, which will be enough spots for employees per Mr. Cloutier. Although the setbacks are not clearly marked on the preliminary plan, the applicants have discussed the need for a variance for setbacks for the front yard (County Road D) and the side yard (Macalester Drive). The zoning ordinance states the front yard must have a depth equal to the greater of 40 feet or a distance equal to the average of the setbacks of structures on two adjoining lots; side yards adjoining a street must be at least 40 feet; and rear yards must be at least 15 feet in depth. The proposed plan does line of up the new building with the existing buildings. Floor area ratio for this development is not an issue as the maximum in the Light Industrial zoning district is 1.5. Attachments: • Preliminary Site Plan I ! I ! 4 � ! sa I �HIM g� —-— —.—-— — — —-— —-— — — _.— —.— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - — — — — —— — — — — — He M i ! I 1 I i I I '•Y i I i I •\ `''•\ C .o 'O EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING ! EXISTING BUILDING TO REMAIN TO REMAIN TO REMAIN TO REMAIN cr \ V A \\ � AAvA\ ��\� tea'-s• � ` \� \� \� �\`V\ �o �' `� ". A\\�\\,\`�VV 0 I 2 I I \ .\V \\\\ \\\ \\ \\\\\V�V A� A� `�• Q I ! VV ` �V AV A�A\ V �\\\A.\\ vA vvv;v\\\\\X yvy\ y v\\v\v A\� I I SITE SECTION \. A \\\\\\\� vAV\\\V \\A.AV \\ \\ \NEW 40,000 SF \ \ \\\o \, \\\BUILDING 55'TRUCK TURNING RADIUS \\\\\ \\\ \ \\ \\ \ \ \\ H.C. EXISTING BUILDING m\ \ \ \:\•.\\ — RETAINING \ TO REMAIN \\V��\\ V V\\\\ \ � ,� W\ ALL \v`A\� i I 14 PARKING STALLS \\ \\ \\\\\\\\\\\\\\\\\\\\\\\\\\ \\\ \\\ \ \\� \ 14 PARKING STALLS \\\\\\\ \\\\ ;\\\ NORMAL \'" WATER LEVEL V\ \\\AA v\.v\\\v .:�,`, �,. ��\�:�.� �\\�`:��.��\ ♦..�`...�� 200-0' \\�.,� \.\.\\��...\.\�\\ � \\\\'_` -- - -- -- -I Y�- � I � j 12"RCP OUTLET TO CITY STORM j MACALASTER DRIVE CATCH BASIN SITE INFORMATION 1 J ' LAND AREA 157,500 SF 9 202 ~ Ln EXTG.BUILDING AREA 83,300 SF ����ED AUG SITE PLAN IS BASED ON SURVEY BY o a EXTG.F.A.R. 53 JAMES M.HALVERSON DATED 1/20/1960 N cr o ; cr Lu PROPOSED BLDG.AREA 102,000 SF North 00 PROPOSED F.A.R. .65 c` PROOF OF PARKING 40 ;,' PROPOSED SITE PLAN =� %SK-7 SCALE: 1"=20'-0 i ;'a$3 �5 COUNTY ROAD D 130-0" 138'-0" 127'-0" 144'-0"—1 EXISTING WAREHOUSE NEW WAREHOUSE DETENTION POND EXISTING WAREHOUSE 100,-0" North SITE SECTION -10 SCALE: 1°=20'-0° L Lu 0 Lu cc t Lu w CE I-, Vews. SEPTEMBER 1999 Z0 AMERICAN I• •, PLANNING ASSOCIATION Torn Over Teardowns: Protect inn Nei hbor%ood _ Character RESIDENTIAL BULK !I REGULATIONS By N. Drew Petterson,AICP � " ANALYSIS Across the nation in older, traditional residential neighborhoods, the phenomenon referred to as"teardowns"is threatening to erode community character.Tn the Chicago's Lakeview neighborhood,housing replacement is transforming the character of the turn-of-the- . r pan century working class housing stock into an exclusive neighborhood.In the older Chicago suburb of Hinsdale, a developers have demolished and s replaced about 750 homes since `� f 1986—more than 15 percent of Traditional-style,homes in modest residential the community's single-family housing 5V neighborhoods are being torn down and stock. The New York Times recently reported replaced with more expensive homes that how teardowns are changing the historic (!1 differ in size and character from the existing landscape of Nantucket Island, housing stock.Such differences include Massachusetts,by replacing vintage cottages attachedgarages and wide lots(top)and with multimillion dollar homes. imposing house heights(center and bottom). There are many reasons why teardowns are a common and controversial housing strategy and why perception vs. Reality they have evolved into a conflict between the property rights Public reaction to teardowns is negative when there is a of homeowners and a desire to serve recognized community perception that a new structure is grossly different in size or needs. Older neighborhoods have become highly desirable character from what was formerly on the property. It is for affluent residents looking for a walkable, pedestrian- therefore necessary for the municipality to document size and friendly environment with mature, tree-lined streets and dimension characteristics of the new and old structures, convenient neighborhood amenities such as schools, parks, including setbacks,height, floor area ratio,building coverage, and shopping. These homebuyers also want a range of and impermeable coverage.A photograph or a sketch will help features frequently associated with suburban sprawl: three-car to illustrate the homes more accurately,serving as a tool for attached garages, large kitchens, master bedroom suites, comparison and providing a visual means of deciphering how basements with adequate ceiling heights for family living, existing or proposed regulations apply to the homes. bigger closets, efficient layouts, and modern heating and cooling systems. Older Homes and Modern Regulations Zoning requirements for home construction prior to World War II Contemporary Housing Demands and were not as demanding as they are today.Modern regulations such Changing Demographics as floor area ratios,impervious surface ratios,and setback Teardowns may be appropriate when older and smaller homes requirements can unfairly penalize the owners of older homes that cannot meet the needs of contemporary homebuyers. become nonconforming.While new residential construction can Traditional homes tend to have smaller rooms,insufficient total meet contemporary regulations,the layout and design of older floor area,and poor layouts.Structural problems are costly to repair homes may not comply,thus creating a possible nonconforming and these homes often lack efficient heating and air conditioning. status and perhaps preventing any renovation efforts or Many older homes have insufficient garage space for cars and modernization of the home.More restrictive regulations might storage and lack the comforts and safety of an attached garage. even cause a homeowner to tear down the existing home and scan These homes may also have negligible character or historic value. over rather than renovate and try to conform to the new r eardown. The construction or remodeling of Implications Hinders flexibility in home design,possibly limiting floor heights. Basement Height. Basements that extend above grade have a single-family homes to the maximum allowable s g significant visual impact,a typical characteristic of older homes. Tsize permitted by land-use and zoning regulation This architectural feature can be displayed using a variety of quality materials,including brick or stone. Raised basements � - in neighborhoods distinct) characterized b also allow light and air to reach the basement floors ace. 9 V V g P Implications.Reducing basement height above grade limits light, � - considerably smaller homes. (Glendale, California) perhaps restricting the functional capability of the basement.This also removes a unique architectural feature from the home. regulations.Zoning requirements that are too permissive can make Setbacks—Corner Side.Ideally,corner lots should be greater in ' it economical to tear down smaller,older homes and replace them size and width than interior lots.But in many communities,corner with much larger structures.Building envelopes have historically lots tend to be undersized and lack setbacks on each frontage. been defined by the setbacks and provide flexibility for siting Consequently,structures that are located close to the road have an modest homes.Today,the entirety of the building envelope at the inappropriate and imposing appearance and insufficient room for front setback line may be filled with the structure,thus requiring landscaping.Larger setbacks for corner lots and front yard setbacks regulations that were previously unnecessary. on each street would solve this problem. Implications Creating nonconforming lots and increasing the j The Implications of Revised Regulations minimum setback for lots of minimum width could have the Regulations that consider the scale of the existing housing stock effect of narrowing a house width and disrupting neighborhood can eliminate the incentive for a teardown.The following character. section reviews the options for modifying zoning regulations to Setbacks—Side. On lots where the available building limit new development and identifies some of the negative envelope.is of proportionate size, increasing the minimum side implications that can be associated with the modifications. yard setback would provide additional light and air onto the lot. " Zoning District Purpose Statement.The purpose statement Also,a public safety rationale for increased setbacks is to provide x. for the zoning ordinance,and for the relevant zoning districts, greater separation between homes in case of fire. °i should emphasize the importance of quietness, privacy, Implications Creating nonconforming structures and adequate light and air,pedestrian-scale development, attractive minimizing the flexibility in where a house can be placed on the streetscape, and neighborliness as the foundation for new site. z _ teardown regulations. Floor Area Ratio (FAR).FARs have traditionally been used in € Lot Areas and Lot Widths.Increasing the lot size and/or lot nonresidential developments.But as home sizes increased,FARs width will not reduce building size,but will reduce the number of were applied in residential districts as well.Developing an FAR for lots that can be subdivided,resulting in fewer newer and larger existing residential neighborhoods can be particularly challenging homes.This is particularly important when traditional homes are because,unlike nonresidential districts,where a specified numerical built on lots substantially larger than allowed in the district. FAR is used,determining the FAR requirement for a residential Implications Creation of nonconforming lots and reduction neighborhood includes the use of a formula. of the value of larger lots. The following is a sample FAR formula for a district with a "H Maximum Building Coverage.The ratio of maximum minimum lot area of 7,500 square feet: building square footage to lot size can limit the appearance of .T 3,000 square feet+ [(lot area-7,500)x .21 bulk on the site and maximize the amount of open space, a particularly critical element on smaller lots. Lot area Implications. Creation of nonconforming structures and This essentially means that a 3,000-square-foot home is reduction of the flexibility in house design, forcing homes to be permitted on a minimum 7,500-square-foot lot (0.4 FAR),with x""rs taller in order to minimize the house footprint. additional building square footage based on a 0.2 FAR for the p � g q g Maximum Impervious Surface Coverage.Limiting portion of the lot exceeding 7,500 square feet. impervious surface is important for aesthetic reasons, but vital Gross floor area(GFA) must first be determined before for surface water runoff and flooding, particularly in areas calculating FAR.The exclusion of certain structural amenities of within or near a floodplain. a home from the GFA may encourage home design that will Implications.An impervious surface ratio could preclude locating complement neighborhood character. Such amenities could a garage at the rear lot line because the additional pavement. include garages behind the front building facade(or toward the required to reach such a location would be in excess of the rear portion of the lot where alleys are available),basements that impervious surface requirement.Other amenities important to do not exceed a specified height above grade, bay windows, - contemporary living,such as patios,might also be prohibited. porches,or attic space. Using FAR bonus provisions to :,.. . Height.The height requirement in many older districts is 35 encourage specific structural features is also an option. feet, or two and a half to three stories, whichever is less. Implications Creating nonconforming structures and preventing However, many new homes are built at 30 feet or less, homebuyers from building a custom-style home;requires precluding the need for a radical change in height requirements. substantial staff resources to evaluate plans and determine gross Rather,height might be defined in a way that encourages square footage based on ordinance requirements. �-'•" pitched instead of flat roofs. Regulating Building Configuration.Some communities have a established a setback plane to reduce the looming effect of the structure and encourage itched roofs.The setback lane. g P P N. Drew Petterson is Senior Vice President at Thompson Dyke er requires the roof line to recede at a specified angle and height Associates, Ltd. in Northbrook, Illinois. above grade, for example:45 degrees at 17 feet above grade. ti For what reasons might zoning regulations limit or prohibit teardowns? • Demolition of older and smaller homes,where the focal point of the ■ Larger families often move into the newer homes,increasing traffic facade is the front door and where the facade relates comfortably to a congestion. pedestrian-oriented street,removes the essential elements of a ■ Inconsistent stoup(main entrances to a building)heights detract from traditional neighborhood. the street scene. • New homes with front-loaded garages detract from the street scene; ■ The impact of a teardown increases if there is a failure to provide views of garage doors and driveway pavement in the front yard erode sufficient landscaping to soften the visual impact of a new structure. the pedestrian character of the street. ■ The facade designs of custom-built homes may have characteristics of tract • Taller and bulkier new homes create a"looming"presence on the street homes that are architecturally inconsistent with traditional neighborhoods. scene and can,because of die destruction of street character,encourage ■ Removing the older and smaller homes that serve young families,empty the reardown of an adjacent smaller house. nesters,and homeowners with modest incomes impacts the social • A new home that extends further into the back yard reduces the light structure of a community by reducing the neighborhood's economic penetration and air movement to adjacent homes. and social diversity. Exclusions may be required for dormers and chimneys. Other the sidewalk and street. Municipalities might consider requiring options include limiting the maximum width of a house facade a percentage of building cost to be spent on landscaping. or requiring an increase in side yard setback toward the rear of Implications Landscaping adds additional costs to a new .. the building envelope to limit the appearance of bulk and home and makes it difficult for modest-income homebuyers to provide for additional light and air on adjacent lots. live in a desirable neighborhood. Implications Creating nonconformities and restrictions on architectural design. Regulating Garage Configuration and Location.Attached garages with large asphalt driveways can negatively impact NEWS BRIEFS =°'f ti. neighborhood streetscape, particularly in neighborhoods with r alleys,where detached garages are often located at the rear of the Field of Bad Dreams lot. Regulations may prohibit front-loading garages facing the The 1989 movie Field of Dreams was set in an Iowa cornfield where street,or limit the amount of garage door facing the street. In the ghosts of baseball stars came back to play the game they loved. P;�r iveG,d Winnetka, Illinois,garage door widths cannot exceed 33 percent "Is this heaven?"asked the long-deceased"Shoeless"Joe Jackson to of the lot width, or 18 feet,whichever is less, provided that no Ray Kinsella,the farmer who constructed a baseball field in the individual door shall extend more than nine feet when facing middle of his corn crop."No,It's Iowa,"answered Ray.The actual the primary front yard.The Winnetka ordinance also field where the film was shot in Dyersville,Iowa,is still intact,and encourages locating the garages away from the front of the home remains one of the top tourist destinations in the state. by providing a 200-square-foot floor area exclusion for locating But all is not level on this playing field.A property line runs _ , an attached garage to the rear of the house, and a 400-square- through the left side of the infield; to the right are the foot exclusion for locating a detached garage in the rear one- farmhouse and the property of Don and Becky Lansing, and to quarter of the lot. Where alleys are available,a community the left, the rest of the playing field and cornfields,owned by Al might consider requiring that garages be accessed from the alley. and Rita Ameskamp. Both parties have souvenir stands on the Implications Loss of the comfort, convenience, and safety of site, and charge no admission to play ball on the actual field. an attached garage. The portion of the field owned by the Ameskamps has Design Review.A design review process may be necessary to undergone significant changes.The property manager that oversees ;. minimize development that is out of character with the the commercial aspects of their land,a group called"Left and = neighborhood. Design review can determine whether an Center Field of Dreams,"successfully petitioned for a zoning addition to the structure is viable over demolition and change of the farmland from A-1 to B-1 in order to support rebuilding and whether the design of a new structure meets the increased commercial ventures.The field is two and a half miles standards and guidelines of the community. outside of Dyersville and has the only business zoning classification Design review may also be appropriate for each variance in the area.All the surrounding land is zoned as agricultural.The application that results in a greater floor area. Cities may use reason for the change is a three-mile maze through the cornfields permit applications for demolition,which require the use of cut in the image of Shoeless Joe,which features trivia questions and either a design review process or substantial waiting period. factual markers throughout.A$6 admission fee is charged for Implications Additional cost and time required to construct a entrance to the maze,which was completed well before the single-family home.A debate over the legality or desirability of approval for the zoning change on June 21.Also under design review procedures may slow down or preclude development consideration is a 50-foot-high tower from which to authorization of the home by the community. view to the maze in its entirety. Landscaping Requirements and Tree Ordinance Application. The Lansing family is opposed to the extreme exploitation Many new homes lack adequate front yard landscaping,giving and commercialization of the site,on which they have banned the home a"bulky"appearance. Landscaping is often useful for television commercial shoots and weddings,preferring to keep softening the impact of building mass.Trees and shrubs also their portion of the site as"authentic"as possible.The Lansings increase street appeal by screening driveways and garages from are not in agreement with the developments on the Ameskamps side. "The issue here is money,with a lot of bad blood between Dekalb,who is facilitating the task force says, "It is a real 50-50 the two camps,"says Paul Buss,the Dubuque County zoning. group with both sides being equally represented."The group administrator. "What the county would like is to rezone the two will meet once a week and was expected to present farms as C-1,a very strict commercial conditional zoning recommendations to the mayor by the beginning of September. prohibiting anything but Field of Dreams-related uses.No fast- This should allow time for suggested changes to the city's food restaurants or anything of the sort would be allowed,and if ordinance by the end of the moratorium.Possible changes may the cornfield closed down, the zoning would revert to A-1." range from an all-out ban on billboards to adopting the The Lansings are challenging the B-1 designation,telling The proposed increase in spacing between signs. New York Times it could lead to a proliferation of"hotels,bowling While other cities are invoking the right to amortize alleys(and)bus depots,"though Buss says none of those uses would billboards,essentially making them nonconforming uses and be permitted:And with what Buss says is"a multi-million dollar compensating billboard owners with time rather than money, business"and the leading tourist attraction in the region at stake, Lincoln no longer has this power. this zoning dispute is a sure candidate to head into extra innings. In an odd twist,the person who aided in taking away the power Joseph Bornstein of Nebraska cities to amortize is the same newly elected Mayor Don Wesley who made billboard reform a pan of his 1999 Billboard Moratorium: Signs of the Times campaign platform.In the early 1980s,Wesley was a state senator In Lincoln,Nebraska,a seven-month moratorium on billboard who sponsored legislation effectively removing amortization from permits was imposed until a special task force can make the state law.Wesley has maintained that billboards were not the recommendations for revising the city's zoning ordinance for problem they are today.If Lincoln decides to ban billboards off-premises billboards.The moratorium,effective July 23, without amortization,Wesley says in the Lincoln Journal Star 1999,comes after a significant increase in billboard permits "taking these billboards down—because of that state law that issued in the past year. Senator Don Wesley passed—is going to be very expensive." For most of this decade the billboard market in Lincoln Jerome Cleland maintained a low profile,issuing an annual average of four new permits between 1991 and 1997.The 1990s market was dominated by Lamar Outdoor Advertising, laying claim to most of the prime billboard locations. But in 1998,industry Gkeports competitor Gray Outdoor Advertising emerged to start purchasing secondary locations,sending new permit requests skyrocketing.Forty new only to s o be matched the first billboard six months of 1999 by anothe8 Charting a Course for 40. Lincoln city planner Mike Dekalb,says"the market went Smith Mountain Lake: from practically nothing to a perceived explosion. Most of the The Vision billboards are going in locations that have never had billboards Franklin County Department of Planning 6-Community Develop- before,so their impact is perceived to be even greater." ment, 70 E. Court St., Suite 301,Rocky Mount, VA 24151.May The increase in billboards became a political topic in this 1998. 32 pp. $15. year's spring election.Two city council members and the newly The problem confronted by Franklin County and a number elected mayor made billboard reform a part of their campaigns. of jurisdictions around Smith Lake was how to manage Council member Jon Camp says,"It was an important part of development in a way that would preserve.this artificial lake the larger issue that addressed how Lincoln citizens wanted their originally developed to supply hydroelectric power to western city to look."Camp quickly acted on the matter by proposing Virginia.Lakes are attractive development sites, but the wrong that the city change its ordinance to increase the distance types of development can ruin the very scenery and water between billboards larger than 150 square feet from 300 to 800 quality that drew people in the first place.This plan,the feet. Camp's proposal is pending while a task force discusses the recipient of a Virginia APA chapter award,aims to concentrate issue in more depth. development in village centers, to coordinate zoning and The 15-member task force convened at the request of the development controls around the lake edge,and to control mayor includes representatives of the planning commission, environmental impacts within the watershed,such as soil billboard industry,local chapter of the American Institute of erosion,agricultural runoff,and septic tank leakage. Architects, Dark Sky Society,_and chamber of commerce. Downtown Plan: Richmond Zoning News is a monthly newsletter published by the American Planning Association. Subscriptions are available for$55(U.S.)and$78(foreign).Frank S.So,Executive Director; Richmond Department of Community Development, Comprehen- William R.Klein,Director of Research. side Planning Division,900 E Broad St., Richmond, VA 23219. Zoning Neur is produced at APA.Jim Schwab and Mike Davidson,Editors;Shannon October 1997 128 pp.plus maps. $10. Armstrong,Barry Bain,Joseph Bornstein,Jerome Cleland,Fay Dolnick,Sanjay Jeer,Megan Lewis,Marya Morris,Reporters;Cynthia Cheski.Assistant Editor;Lisa Barton,Design and Reviving the downtown of any major city is no easy challenge, Production. but this plan,another Virginia chapter award winner,is a Copyright 01999 by American Planning Association,122 S.Michigan Ave.,Suite 1600, remarkably thorough piece of work with clear visions for the Chicago,IL 60603.The American Planning Association also has offices at 1776 Massachusetts Various distinct subsections of downtown Richmond.The plan Ave.,N.W.,Washington,DC 20036;www.planning.org P All rights reserved.No part of this publication may be reproduced or utilized in any form or by addresses riverfront uses along the James River corridor; any means,electronic or mechanical,including photocopying,recording,or by any information development of downtown housing;the integration of storage and retrieval system,without permission in writing from the American Planning Association. institutional,commercial,and governmental uses in a state capital; Printed on recycled paper,including 50-70%recycled fiber and numerous other planning and zoning concerns in a Well- and 10%postconsumer waste. ® organized format,complete with easily understood foldout maps. December.. 2001 Michi ga y ti lJ A publication of-the Michigan Society of Planning Volume 6 Number 5 . IN-.:cam•:•s =��_,�r�--=-�.� �-;�-' 0 U SIM--- A s= ` . ti : 'b y Affects Choracter 'of Community he term "living large" is - The imposition of these larger homes applicable to popular life on smaller lots within established styles within the United neighborhoods is.often referred to as States. It is indicative of.a passion for "bi foot" or "mansionization." .- az a cars; supersized fries, oversized `'� l g P The U:S. Census.Bureau sport"utility vehicles (SUV's). - - % reports that the average size and even applies to our residentialPP house in the early.70s was appro ximately dwelling nits. g 1,500 sq.. ft. By 1998;. . ._ Jerry Herron, q the average-size Director of house has - American ballooned to - Studies at Wayne over 2,000 Y- State University reports Q Q sq: ft. for "What we buy won't a nearly s necessarily be good.:It just has � � 449b to be huge." increase in This observation of American life-style size. This is also applicable to residential size increase - is indicative of the residential this preferences. However, preference preferences for larger.homes, larger can negatively impact older established neighborhoods where the bedrooms and larger garages, etc. predominant lot size and house is Unfortunately, newer, .larger homes Smaller. will often have negative impacts on attractive neighborhoods. This BERRY'S WORLD phenomenon is occurring in older established residential communities where .remodeling, home additions, teardowns or new construction on . vacant lots is often coupled with the desire for the bigfoot which is out.of character and out of scale with �,r I existing single-family neighborhoods. F It is difficult to develop a concise definition for mansionization. Rather "THIS IS TERRIBLE." someone i5 building the term is often loosely applied and' another trophy home in the neighborhood and . Dlg,yoox­ ri.ousin (continued from page 1) will be dependent upon the years or older. Older housing stock within a.community is a small . • individual perspective of a passerby does not afford many of the percentage of total housing, these or neighboring resident. amenities of modern housing.,This types of structures make a A.judge once defined pornography would include.a three-car.attached significant.'impact.upon existing as .... I will know it when I see it... garage, large kitchen, master neighborhood areas. They have also In,many ways,.mansionization or bedroom suites, walk-in closets, raised the ire of.neighboring bigfoot is similarly described. The finished basements, modern heating residences and.have garnered . viewer will know it when they see it and cooling.systems, etc: extensive attention:by local as .evidenced by the emotional As a result, the new homeowners planners. Because of the emotional response created in many- examine the housing stock as and architectural.impact, 'bigfoot neighborhood areas.- potential.candidates for extensive can often lead to big problems. The remodeling, teardown and possible It.is interesting to note that the phenomenon mansionization . problems of bigfoot exist even of bigfoot _ . or bigfoot.. when communities have adequate has been The desire zoning regulations pertaining to propelled by for modern setbacks and lot coverage. Many a healthy conveniences, bigfoot homes conform_ to existing economy . which result zoning regulations. Unfortunately, that has seen the architectural compatibility, size, an increase remodeling scale and mass often_ deviates in:property - dramatically values. The.: from existing phenomenon neighborhood has also trend patterns. been Communities advanced by an appreciation of or and local older neighborhoods within teardown, planners within Michigan communities. is often.in Michigan have Communities such as Ann Arbor, conflict developed Birmingham, Plymouth, Northville, with the strategies for Rochester, Huntington Woods and established_ dealing.with the the Grosse Pointes have all had to architecture problems of develop mechanisms to.deal with . of older bigfoot and the issue of bigfoot and teardowns. neighborhood. . mansionization. areas. What was once.a small 1,200 These communities all contain older. The following is a survey of selected sq.-ft: turn of the century attractive,neighborhood areas that Michigan communities who have bungalow now has become a 3,000 have.become highly desirable for had problems with.this trend and sq. ft. contemporary structure.-In: affluent residents looking.fora have developed zoning strategies to some cases, gaudy architecture has walkable, pedestrian friendly contend with bigfoot and replaced.quaint established. environment with mature tree lined mansionization. streets..These communities and . neighborhood homes. Architectural neighborhoods are.also attractive compatibility involving height, scale Survey Of because of convenient and mass is at odds with the neighborhood .character. The Community neighborhood shopping, excellent �roblemS�s01llt1ollS schools, parks and proximity to incompatibility is also pronounced :jobs. by an examination .of window styles, roof pitches, front porch City of Birmingham While the housing is located within treatment and garage doors. The city.of Birmingham probably attractive neighborhoods, therage of bigfoot contains more foot and the housing stock can-be sixty (60) While the actual_number of g teardowns and bigfoot'structures teardown situations than any other Illustration The city discussed .40% open space.was.established. ft wing"elght.nd eras.Plane P P . control measures such Accessory buildings limited to as floor.area ratio 10% of lot area. (FAR), daylight'plane, adjusting setbacks, etc. Drainage.plan required for new . Previously, the city had construction. . „N„r no lot coverage or open space regulations. Illustration / Lot Coverage Zoning ordinance amendments were drafted and'approved ea in May of 2000 i • regarding drainage, building height, lot- community within southeastern coverage,.open.space ! Michigan. The older attractive and impervious surfaces. I z housing stock, coupled with tree- These regulations are explored lined streets and pedestrian oriented below: shopping, makes the city-of . Birmingham a popular community Definition of building height for suburban families. changed.to be measured from a -grade plane" to the peak or Since 1983, the city of Birmingham ridge of the roof. 1 has wrestled the teardown.and bigfoot.issues which prompted the, Eave height regulated. city commission to direct the City of Northville planning board.to deal with the _ _ _ _ The city of Northville's bigfoot issue in October 1998. experience with bigfoot has The city planning staff has spent. �D..74Kmwa. !r focused on recent Iot splits extensive hours working with local ; and the infill development of residences, members of several t` new residential homes. The .committees and planning board ! lot splits'have occurred on members defining the problem and vacant or larger parcels developing draft regulations to which were previously control the bigfoot: i :9 unused. Within these vacant areas of Illustration crr the;city, large bigfoot type Building Height and trade Plane homes have emerged..The Figure 4•side P.Nillahti Plane sty has reacted t0 the NOTE ALLOWA LE EAYE POTFUSION bigfoot and.infill problem by incorporating new zoning New definitions for regulations pertaining to the ® lot coverage, open following: space and impervious ` surface. •_ Average front yard setbacks based / 1 o upon an average of homes within 30/o lot coverage 300 ft. was established, . A including'accessory Reduction of.lot coverage �` buildings. regulations.from 35%.to 30%. 1 31111 u IN ROOM= i!j_FOOX__-. Inco) . sin (continued from page 7) • . Corner lot setback regulations. While the city examined these situations involving bigfoot garages requiring a double front yard. regulations' it was determined that (big toe) and accessory structures. • Lot area definitions that exclude a lower FAR will not necessarily After a number of large bigfoot land area of private road result in smaller homes. This is P i garages were constructed within the easements, because many of the lots within the city, the planning commission city of Northville contain sufficient • Private road/ rivate examined regulations pertaining to P driveway. size in excess of 10,000 sq. ft. A FAR • regulations. accessor y structures—specifically Y . three-car garages—in areas where the The city of Northville _ predominate use involved one or also examined issues o two car garage. 'involving the use of space,above detached Lot coverage studies 'and regulations garage areas for habitable were reviewed, as well,as height living areas and the # limitations for accessory structures. examination of daylight The use of the upper floor of a plane ordinances such as garage for occupiable or habitable adopted within the city „. space was also examined.I. of Elgin, Illinois and Palo New zoning regulations include the Alto, California.. following: Daylight plane Definitions for occupiable space establishes restrictions and habitable space above on an imaginary line restriction of 35% would.allow a buildings or garage areas. referred to as the daylight plane.. . 50 home to be built as large as 3, The,line begins at a point in the air ;Q Special garage height and mass sq. ft.,and resulting in a home' restrictions. directly above the property line and much larger than neighboring angles inwards towards the top of properties. Grosse Pointe Woods the house. In summary, the The,rising property values within •city of Northville, The name daylight plane is derived the Grosse Pointes have also led to decided not to implement FAR from the amount of sunlight that teardown and bigfoot problems.in restrictions or daylight plane can pass the house and penetrate these communities: restrictions but:rather to onto neighboring homes. In other concentrate on setbacks,'lot The city of Grosse Pointe-Woods words, daylight plane restrictions coverage, height regulations and reports approximately five to six are intended to restrict the size of historic district guidelines. teardowns or infill projects per year. the.shadow that a house casts on its A special problem.in Grosse Pointe . neighbors.The city of.Northville City of Plymouth Woods has been the new examined these regulations but The city of Plymouth has witnessed construction of two-story bigfoot determined that with sufficient side yard setback (8 ft.) and height restrictions (21h story) that daylight plane restrictions.were not applicable to the city of Northville. The city of Northville also examined floor area ratios. The floor area ratio (FAR) limits the square footage of a-home in proportion to the total square footage of the lot. For example,:if.the-city has a.50% FAR, a home built.on 5,000.sq..ft. could. have a maximum of 2,500 sq., ft. of floor space. y ' homes..within established visual impact is significant and has bigfoot situations. Finally, I.neighborhood areas containing raised the ire of neighborhood communities should also examine single-story ranch homes. This has _ residents and .the attention of:. regulations pertaining to lot splits, prompted.the planning commission planning officials. The issue of private road regulations, private and city council to review bigfoot is further complicated by an road setback regulations and other regulations that consider average intrinsic dilemma,pitting the charm infill controls to help manage height restrictions that are based of older neighborhood areas verses future impacts to established upon homes within three hundred the bulk or size and'conveniences of neighborhood areas. (300) feet of proposed construction. new housing. An array of regulations is available I_n other words, total height could to control the bigfoot and infill not exceed the average height of trend. It is important to note structures.within a three hundred however, that a "one'size fits all" (300) foot radius. Other height ' . approach does not work since restrictions. considered by the city each community s regulations include a maximum.eave height and ' must be adapted for the a maximum peak height. ' individual characteristics of that City of Huntington community. Housing.trends and H/OOdS . . . styles, lot sizes, etc., will also vary from one area to another, The city of Huntington Woods is taking a unique approach in _ reviewing the issues involving - bigfoot and infill development. They are examining existing housing styles, bulk, area and mass Unfortunately, current `1 on a block-by-block basis. Specific zoning regulations are ill Zoning regulations are being equipped to`deal.with the - considered for each neighborhood bigfoot issue. Many area in order to.help ensure bigfoots comply with architectural compatibility and zoning.regulations: neighborhood compatibility. Planning commissioners The regulations.would vary and-planning staff must be depending upon typical building vigilant in examining. heights, setbacks and lot coverage current regulations regarding lot size, and a specific approach adapted to on a block-by-block or . ' lot coverage, height, setbacks, etc., to each.style and:or concern should neighborhood basis. _ "help minimize the intrusion.of . be employed. Finally, any bigfoot on neighborhood areas. considered regulations must also The city-has a unique advantage be based upon general planning Communities such as.Birmingham, over.larger communities in than policies enacted to protect_ specific zoning. ulation Northville, Plymouth, Grosse Pointe, P g regulation. Woods and Rochester are neighborhood areas. By first governing bigfoot can be adopted recognizing neighborhood depending upon specific subareas-of in the process of developing regulations to.help govern the impact preservation policies, zoning the city. regulations will be more_easily of'bigfoot. Many of these regulations Summary & are innovative and include implemented. regulations that consider average bulk Conclusions . regulations of neighboring housing within.a certain radius of a bigfoot B R. Donald Wortman Carlisle/ .The issue of bigfoot/teardowns.is Y often emotionally charged and site.Other communities are relying Wortman Associates,Inc. and Keith .while only a few lots,are often on historic district regulations. or Edwards, City of Fenton. affected within a community, the appearance.codes in governing s A -r 1.0 INTRODUCTION Newton is a community of approximately 83,000 people on eighteen square miles of land immediately west of Boston. It was settled in 1630,but.a significant part of the city's development took place in the,late 1800's as a result of the introduction of a rail line from Boston to the west. There was another burst of development after World War II, ' particularly in the southern part of the city. Newton is a.very attractive community today because of its well.maintained residential neighborhoods, its good schools,;its proximity to downtown Boston (eight miles) and its location at the intersection of two major regional roads - I-90 (Massachusetts Turnpike) and I-95, a circumferential highway around the city. Socio-economically, although there are areas of low and moderate income.households, Newton is considered an affluent community where the average single family homes sales are above $425,000. Seventy-three percent of the homes are single family. 2.0 CONTEXT FOR CHANGE The predominant feature of the community is the fact.that there is.no one center, but thirteen villages, each with its own character. People tend to relate more to their villages. with tree-lined residential neighborhoods, rather than the city as a whole. Thus, when the housing market heated up several years ago, and developers started to take advantage of Newton's real estate market by tearing down smaller.homes to build larger ones, citizens reacted strongly to their changing neighborhoods. Residents besieged their aldermen. . (there are twenty-four of them, three from each of eight wards) and the Planning Department with pleas for how to stop the "monster homes". 3.0=PLANNING DEPARTMENT EFFORTS First the Planning Department had to define the issue. What were residents reacting to and what did they want? In addition to the market pressures to build in Newton, developers were building very large structures out of scale with the neighborhoods in which they were located. For example; 21 Puddingstone Road has a 6,600 sf. house on a 27,000 sf: lot. In other neighborhoods, developers were tearing down single-family homes and, where allowed,building by right two-family homes. For example, 16-18.. Tanglewood Road has a 5,136 sf. two-family house on a 11,500 sf. lot. In this case, a 1. developer bought several single.family homes that were about.,1,200 sf. each and replaced them with.two-family homes. Since this was aMulti"Residence I'District, the construction was allowed by right. The houses being torn down were modest.single family homes, the homes people buy to get in to the community. The "affordable housing" stock was.being threatened..In other cases, owners were adding a second unit to. their existing single family homes. For example, 63-65 Highland Avenue is a 7,622 s£ two-family home on a. 16,128 sf. lot. The existing'home was 3,094 sf.The overriding . issue, however, was,the,size and,scale of these new homes that changed,the character of the neighborhood. The Planning Department consulted with'a number of neighboring communities that were experiencing the same issue. There were a number of common aspects to our problem: • The developers believed that it is cheaper to tear down a small home•rather than remodel it. • The new larger housing reflected a desire for larger rooms and features that older . homes-did not have. • ' Initially, very large expensive homes were custom.built,.rather than built on speculation. However, more of the large homes selling at over$1 million are now . built on'speculation. • Large homes were being built without variances indicating that in the past developers were not building to the full buildout potential. In.Newton,,many of the homes were built before zoning (1922)., Some people were reluctant to change the zoning for fear.'of creating non. conformities. Since the;aldermen were sure of the best solution to the problem at that point., the Planning Department put forward an array of ideas to focus the discussion: •. Change the allowed height in feet and in number of stories and redefine ",height". • Limit the amount of construction allowed by right. • Require.a special permit to demolish a home that is 50 years old or older. • Create.a limit on the mass of the structure. 3.1-Revise The Definition Of"Height" Heightmas one of the obvious things to look at. The Zoning Ordinance definition of building.height at that time was the measurement from the mean.grade around the structure to the top of the ceiling rafters of the uppermost floor(eave line). The height restriction at that time:was three stories and thirty-six feet. The proposed changedn.the definition of height changed the measuring points. Instead of measuring to the top of the uppermost habitable floor(the eave line);the proposal changed the measurement to the mid-point of the highest roof surface. This change:encouraged the use of sloped roofs. 3.2 Reduce The Height 3n Feet That Could Be Built Not only was the definition of height changed, but the maximum height in feet was reduced from 36 feet to 30 feet. Here is an example of a larger home that is 2 r three stories and thirty-six feet.high.220 Winchester Street is a 5,526 sf. home on a 18,780 sf. lot in a SR 2 district that requires a minimum lot size of 15,000 sf. for new lots. Under the old ordinance,this home met all of the requirements. Under the new 30 foot height requirement,.a 36 foot home.would not be allowed: In other cases, many of,the "monster homes" receiving attention had,garages on the first floor with two full stories of living-space above (3 Troy Lane).This not only, pushed the structure to'the maximum height allowed, it left an unattractive garage door at the street level. With a reduction in'the allowed height from thirty-six feet. to thirty feet,it is less likely that a developer would commit an entire story to garage space. Exceptions to the height.limits'are chimneys, spires, architectural ornaments,etc. 3.3 Reduce The Number Of Stories That Could Be Built . Accompanying the reduction in measured height was the reduction in the number of stories. If a new home is limited to thirty feet in.height with three stories of living space, a flat roof might be required to fit the,three story home under the thirty foot height restriction. This is exactly what one developer did (example-8 W. yckhAm Road, a three story flat roofed residence).With the proposal to reduce the number of stories from three to two and one-half, a Builder might still build a two story home with a flat roof,but achieve the maximum footage, he would have to.add a sloped roof to gain the extra half.-story. The final version of-this amendment resulted in allowing a third story by special permit, if.the construction . was consistent with the design,.size and scale of other structures in the . neighborhood. In this way,a three story,home could be built-in a_neighborhood of other large homes. 3.4 Add A Definition-Of One-Half Story ". Related to the reduction in the number of stories was the need to define "half-. story.. The proposed limited on the amount of livable square footage in the half- .. story so that a half-story was considered as being less than two-thirds of the square footage of the floor below. This.prevented attic space from being excessive . and encouraged the construction of.sloped roofs: 3.6 Limit The:Amount Of Reconstruction That Could Occur By Right A proposal arose.in an effort to make new building size consistent.with its surrounding neighborhood.A new structure would have a height limitation of either the average height of the'abuttin ' residences or the height of the structure . being'replaced;'whichever-was greater. The idea was to prevent homes from being too large for the neighborhood, while allowing large homes to.occur where appropriate. The proposal had several technical problems including the fact that records.of building heights did not exist in city records and when they did,they were unreliable. Determining heights of abutting structures would put an,undue burden on'staff and to ask the property owner.to do the measuring could lead to biased numbers. Finally, if a home:was placed next to a large homer the new home would be allowed much greater height than the home directly across the street where no "monster home" abutted.'Staff felt that the issue of neighborhood context-was better addressed by allowing.larger homes than zoning permits by special permit with criteria for such a determination. 3.7 Require A Special Permit To Demolish A Home Fifty.Years Old Or Older 3 This proposal intended to curb,demolition of residential structures. The City already had a demolition delay ordinance whereby the Historical Commission could delay demolition for up to one year on structures or.portions of them that were fifty years old or older if the commission found that the structure is "preferably preserved". The applicant could come back to the Commission within the one year period with revisions to the design incorporating the size, massing or architecture features of the structure to.be demolished.,The idea behind requiring the review,and,potential data.to develop is to get developers to think about restoring a structure before tearing it down.This proposal to allow demolitions by special permit was not adopted because it did.not-directly address the issue.of. building size and'scale and it would have substantially.reduced the Historical Commission's power and,purpose. Although this zoning technique was not adopted in Newton,-it might be helpful in addressing the issue of teardowns in,. communities where there is no demolition delay ordinance or by-law or where the Historical Commission does-not have any power. 3.8 Create A Floor Area Ratio Requirement This was the most complex and controversial of all of the proposals. Although the City had floor area ratios for buildings in business and-manufacturing districts, it had none in the residential districts, in part because of the sentimerit.that people had a right to build whatever size home they wanted, so long as.the setback requirements.were.met. A floor area ratio requirement would.limit building mass by restricting the. maximum size of a building as.it related to the size of the lot on which it sat. The first consideration was how to determine the gross floor area. Staff recommended using all floors above grade.(excluding basements and free-standing garages) whether.there was.livable space.in them or not. This proposal addressed the issue of visible building mass. The.next challenge was.to determinethe best ratio for Newton. The Planning Department developed a sliding scale of ratios based on the minimum lots size which,in Newton, went from 25,000.sf. in Single.Residence 1 to 10,000 sf. in Single Residence 3 and Multi-Residence Districts. The FARs proposed initially ranged fiom':3 to .45. When the Inspectional Services Department started applying the FAR requirements, some aldermen realized that they had gone too far by including attics in the FAR calculation. Thus, although the ordinance.,was still freshly minted,-it was changed again, this time excluding attics from the calculation and instituting a new set of requirements ranging from .2 to .4. Because there.was a concern about older homes on smaller lots another provision.. was added to allow an additional .05.for pre-1953.lots when the more restrictive post-1953 setbacks and lot coverage requirements were met. . The final version of the ordinance made clear what types of structures FAR applied to. Requiring application for all structures would have penalized the , 4 property owner who wanted an addition of his/her home. Thus, the ordinance specified that FAR requirements would apply to: • New construction of single and two family houses. • Reconstruction of such structures where more than 50% of an existing structure is demolished. • Construction of a two family house that replaces a demolished single family house: . • Construction of a second unit in a multi-residence zoning district. 4.0 CONCLUSION. What.can be learned from all of this? First, it is important to define the issue carefully.Is reaction to the construction of"monster homes".economic, the loss of affordable housing; the pace of demolition, the perceived loss of open space or change-to neighborhood character. Second,there is no one "fix" for curbing"monster homes''. A multi-step approach may be needed. The Newton aldermen, despite all of the amendments that they . adopted, still feel as though the "monster homes" are still somewhat out of control "There is something missing", one alderman said recently, "but I don't know what it is," referring to why one large house looks okay, but another does not. The.answer may be in design regulations, but the aldermen are reluctant to impose design limitations. A house may appear large to one person and modest to another. Keeping new homes,in scale with their surroundings.is still going to be difficult. Even when Newton reduced,height, number of stories,,and instituted an FAR, big houses are still being built and the aldermen are reluctant to change the zoning ordinance again for fear of unintended consequences. While_the real estate market is hot, developers will build to the maximum allowed. When the market cools off, they may not.The real estate market has been driving up the size of homes,but it may not go on forever. As one.recent:(March 17") article in the Wall Street Journal put it, "The bloating of the nation's homes may finally be peaking .... as the (baby)boomers ....:become empty nesters, and families.with children become a less significant segment of the population." In the,meantime, planners will have their hands full keeping the "monster homes" under control. #456-96. CITY OF.NEWTON BOARD OF ALDERMEN April 23, 1997. ORDINANCE NO. V-1 11 BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF.NEWTON AS FOLLOWS: That the Zoning regulations, Chapter 30 of the Revised Ordinances of the City of Newton,Mass. 1995, as amended, be and are-hereby further amended-as follows: 5 1. Substitute for the existing height definition in Section 30=1 the following: Height. The vertical distance from grade plane to the average height of the highest roof surface. Not included in such measurements are-1) cornices which do not extend more than five feet above the roof line; 2) chimneys, vents,:ventilators and. enclosures for machinery of elevators which do not.exceed fifteen'(15) feet in height above the roof line; 3) enclosures for tanks which do not exceed twenty (20) feet in height above the roof line and do not exceed in aggregate area ten (10) per cent of the area of the roof;_and 4).towers, spires,.domes and ornamental features. Further,no space above the maximum height established in Section 30= 15, Table 1;shall be habitable. 2. Amend the building height limitation,in Section 30-5,Table I to 30 feet. 3. Add a definition of Grade plane to Section 30-1: Grade plane: A reference plane representing the average of finished ground level 'adjoining the building at all exterior walls. Approved as to legal form and character Daniel.M. Funk City Solicitor #457-96 CITY OF NEWTON BOARD OF ALDERMEN . A pril 23, 1997 ORDINANCE NO. V-112 BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF NEWTON AS FOLLOWS: That.the Zoning regulations, Chapter 30 of the Revised Ordinances of the City of Newton, Mass. 1995, as amended, be and are hereby further amended as follows: 1. Amend the existing definition of floor area ratio in Section.30-1 to read as follows: Floor area ratio: A. For residential structures in residential districts, gross floor area of a building on the lot divided by total lot area. B. For all others: gross,floor area of all buildings on.the lot divided by total lot area. Any portion of a basement not used foi storage,parking'or building mechanicals-shall be included in determining the floor area ratio. 6 2. Amend the existing definition of floor area, gross in,Section 30-1 to read as follows: Floor area, gross: A.For.residential structures.in residential districts, the sum of the floor area. within the perimeter of the outside.walls of the building without deduction for garage space, attics, hallways, stairs, closets, thickness of walls,columns, atria, open wells and other vertical open spaces, or other features exclusive of any portion of abasement as defined in this section. For atria,open wells and other vertical open spaces, floor area shall be calculated by multiplying the floor level area of such space by a factor equal to the average height in feet divided by ten. Excluded from the calculation are bays or bay windows which are cantilevered. and do not have foundations and`which occupy no-more than ten(10)percent of the wall area on which they are mounted:. B. For all others: the floor area within the perimeter of the outside walls of the building without deduction for hallways,:stairs, closets, thickness of walls,. columns or other features.. ..#457-96 V-112 Page 2. . 3. Add to Section 30-15; Table 1 the following floor area ratio requirements by district in the column headed TOTAL FLOOR AREA RATIO: Single Residence 1: . Single Dwelling Units .3 Lots created before 12/7153 .3 Single Residence 2. Singlel Dwelling Units .35 Lots created before 12/7153 .35 Single Residence 3: Single Dwelling Units .4 Lots created before 12/7/53 .4 Multi-Residence 1: 7. Single &Two Family Dwellings .45 Lots created before 12/7/53 .45 Multi-Residence 2: Single &Two Family Dwellings .45 Lots created before 12/7153 .45 , Multi-Residence 3: Single &Two Family Dwellings .45 Lots created before 12/7153 .45 . Multi-Residence 4: Single &Two Family Dwellings 4. Add a subscript 5 to the column headed TOTAL FLOOR AREA RATIO_and add a , Footnote#5 to Section 30-15,Table 1, as follows: Allow an increased FAR by special permit if the proposed structure is consistent with and not in derogation of the.size, scale and design of other structures in the. neighborhood., 4457=96 V-112 Page 3 5. Add a subscript 6 to the column headed TOTAL FLOOR AREA RATIO and add a Footnote#6 to Section 30-15,Table 1; as.follows: An additional TAR of.05,shall be allowed for construction on pre-1953 lots.when post-1953 lot setback and lot coverage requirements are met. 6: FAR requirements shall apply only to: (1) all above-grade.new construction; (2) total demolition of a single family residential structure.or.dwelling when the owner seeks to , replace it with a two family structure or dwelling; (3)reconstruction where more than fifty (50)percent of an existing structure is demolished; and (4) in a.multi-residence zoning district, construction of a second residential dwelling unit which lies in whole or in part:outside the walls; i.e.,.the existing footprint, of any existing residential dwelling . unit. Approved as to legal form and character Daniel M.-Funk City Solicitor Under Suspension of Rules 8 Readings Waived.and Adopted 18 yeas 2 nays (Ald. Bullwinkle, Salvucci) 3 absent(Ald. Antonellis, Ciccone, Lipsitt) 1 vacancy #27-97 CITY OF NEWTON BOARD OF ALDERMEN April 23, 1997 . ORDINANCE NO. V-113. BE IT ORDAINED BY THE BOARD OF ALDERMEN ORTHE CITY OF NEWTON AS FOLLOWS: That the Zoning regulations, Chapter.30 of the Revised.Ordinances of the City of . Newton, Mass-'1995, as amended,be and are hereby further amended as follows: Amend the maximum number of stories allowed in the column headed MAXIMUM NUMBER OF STORIES in Section 30-15;Table l;.from 3 to 2 1/2 in all residential districts except.for Garden Apartments,-More than Two Dwelling Units on a Lot, and Residential Care Facility: 2. Add to Section 30-1 a definition for Half-Story: , A story directly under a sloping roof where the area with a ceiling height of 73" or greater is less than 2/3 the area of the story next below...:.. 3. Add to.Section 30-15, density and dimensional requirements, a new subsection (q) as follows: (q) Any residential structure that is replacing a previously.existing three-story residential structure shall be allowed three stories,but only insofar as the absolute height does not exceed that of the previously existing structure. 4. Add a Subscript.4 to the column headed MAXIMUM NUMBER OF STORIES and add a Footnote#4 to Section 30-15,Table 1, as follows: Allow three stories by special permit if the proposed structure is consistent with and not in derogation of the size, scale and design of other structures in the neighborhood. Approved as to legal form and character Daniel M.Funk City Solicitor Under Suspension of Rules Readings Waived and Adopted 19 yeas 1 nay (Ald. Salvucci) 3 absent (Ald. Antonellis, Ciccone, Lipsitt) 1 vacancy #457-96(2) 9 CITY OF NEWTON BOARD OF ALDERMEN July 14, 1997 ORDINANCE NO. V-122 . BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF NEWTON AS FOLLOWS: That the Zoning regulations,Chapter 30 of the Revised Ordinances of the City of Newton, Mass. 1995, as amended, be.and are hereby further amended as follows: 1. In Section 30-1. Definitions. amend the definition of floor area, gross, as most recently amended by Ordinance V-112, dated April 23, 1997 by deleting the existing subsection (a) and substituting in place thereof the following: (a) For residential structures in residential districts, the sum.of the floor area within the perimeter of the outside walls of the building without deduction for garage space,hallways,stairs,closets, thickness of walls,columns, atria, open wells and other vertical open spaces, or other features exclusive of any portion of a basement as defined in this section. For atria,open wells and other vertical open spaces, floor area shall be calculated by multiplying the floor level area of such space by a factor equal to the average height in feet divided by ten. Excluded from the calculation are bays or bay windows which are cantilevered and do not have foundations and which occupy no more than ten (10) per cent of the wall area on which they are mounted and any space in an attic.or.1/2 story as.defined in this ordinance. (2)'In Section 30-15 TABLE 1, delete the existing floor.area ratio requirements by district in-the.column headed.TOTAL FLOOR AREA RATIO,.as most recently established by Ordinance V-.l 12, dated.April 23, 1997, and substitute in place thereof the following: Single Residence 1: Single Dwelling Units .2 Lots created before l 2/7/53 _25 Single Residence 2: Single Dwelling Units. 3 Lots created-before 12/7153 .3 Single Residence 3: 10 y . Single Dwelling Units 35... Lots created before'12/7/53 .35 ..Multi-Residence 1: Single & Two Family. .4 Dwellings Lots created before 12/7/53 .4 Multi-Residence 2: .Single & Two Family .4 Dwellings Lots created before 12/7153 4 -Multi-Residence 3: Single& Two Family. .4 Dwellings Lots created before 12/7153 .4 Multi-Residence 4: Single.&Two Family .4. Dwellings (3) Add to Section 30-1. Defmitions:.the following new definition: Attic: the space in-a building between the ceiling beams of the top story and the roof rafters. Approved as to legal form and character: DANIEL M.FUNK City Solicitor Under Suspension of Rules Readings Waived and Adopted 23 yeas 0 nays'1 absent (Ald. Antonellis) Approved July 16, 1997 11. Author and Copyright Information Copyright 2000 By Author Susan.M. Glazer Beals..and Thomas; Inc. . 12 -ry - . • •. erV' T1es Official Sitc of ..".'.. the City of Napervillc • Orm _ 1■1— �����'��� • "'�'96n roA i ct.�i!>.E��.- ,::-�- +-Lr' ,5��� LGovemmentl[rransvortationl lEmironment Home [Public Safely [Recreation Commuruta [Search News { • E S Taskforce reaches consensus on recommendations! NEW • Background • Task Force Committee Members • Resident Involvement • TeardoumAnfill Development Stud•Index • .Contact Information .Status Report • Boundary Man BACKGROUND. In April 1999,.Nlayor A- George Pradel established a task force to assist.the city in-recommending guidelines to protect existing.residential development from the encroachment of incompatible infill development and to allow for reasonable redevelopment and additions. The Task Force first convened with staff in late April 1999 and.conducted a series of eight meetings over the subsequent five months. Construction'of new homes and additions represents a personal investment in the community and reinvestment in the.neighborhoods is important for continued ecgn. I . health and stability. As such, the recommendations of the teardown task:.force focus on guiding, not preventing;new development so that it is consistent with the existing development pattern of the neighborhood. To accomplish this the task force has identified six recommendations for•teardowns, new construction, and additions in an identified overlay. district. The proposed district boundaries generally follow those of the R1 B and R2 zoning districts.and include the areas that the Task Force'and.staff felt were most susceptible to teardowns: Additional detail on these recommendations is available in the full report. • Link Side Yard Setbacks to Lot-Width . Currently in the zoning code.a total combined setback of 16 feet'for the two side yards with each side yard a minimum of six feet is.required for.R1 B and R2 districts. The task force is recommending that the side yard setback requirements become'linked to the width of the lot by requiring the combined side:yard setbacks to be a percentage of the lot width.measured at the building setback. Currently the task force is recommending a 32%o setback for lots 50-69 feet-with no single.side yard setback less than 6 feet and 28% for lots 70:feet and up.with no single side yard setback less than 8 feet. This type of regulation is designed to limit the horizontal bulk of structures on oversized lots and to preserve open space between structures. • Adiu=nt Yard Setbacks Currently the zoning code requires a_30 foot front yard setback in the R1 B district and a 25 foot front yard setback in the R2 district. Many of the homes in the identified area were constructed prior to these:regulations with setbacks ranging from 1.0-15 feet. As a result, the task force is. recommending that new development and additions maintain the current development patterns by NaperView=;V.idow4nfill Devclopment http://www.naperviuc.H.us/D.CD/4eardown/indb'X.htm regulating the required front yard setbacks based on the median of the closest four residential properties or the minimum established by.the zoning ordinance, whichever is lesser. • Increase Minimum Lot Width Currently our zoning ordinance requires'a.minimum lot Width-of 50 feet for RIB and R2 Districts. The task force is recommending that the minimum lot width.be'increased to better reflect existing conditions and to prevent incompatible infill subdivisions. This would be.applied by requiring the average lot width of the block face to be.used when determining the required lot width of resubdivided lots: • Establish a.Floor Area Ratio and a Front Elevation Ratio Floor area ratio is the total square:footage of the building divided by the total square.footage of the lot. The front elevation ratio.is the area of the front elevation divided by the maximum building height allowed in the zoning district times the lot width. The task force is recommending to establish floor area requirements to control the maximum square footage that could be obtained on a -lot by establishing a relationship between the size.of the home.and the size of the lot and to use . front elevation requirements to limit visual bulk from the right'of-way. By'using'a combination of these,flexibility and creativity in design can be encouraged. One note on this is that since properties in the local historic district are already subject to design review through the Historic Sites Commission, the task force is recommending that this area be exempt from the FER regulation.- Also noted in the report is.that the task force has forwarded two proposals for this recommendation. • Encourage Rear-Loading and/or Detached Garaees. In the six study areas identified for this study,approximately 73% of the homes had detached garages. In an effort to encourage preservation of this design characteristic,the task force has- recommended to.provide incentives to build detached garages and/or garages not visible from the public right-of-way-by offering a bonus to the Floor Area Ratio (FAR). Additionally it is recommended that the square footages of garages not visible from the public right of way be excluded from the.Floor Area Ratio calculation.. • Establish Driveway Placement Guidelines In:order-to'increase distance between driveways;the teardown task force has recommended that . driveways be placed a minimum of 1 foot.from the property.line. [Return to ton ofnage] RESIDENT INVOLVEMENT. Public participation is critical to the success of this planning project. We.encourage you to attend and participate in the public hearings..The next public hearing for establishing specific regulations-pertaining to.teardowns, new construction, and additions in residential districts has been continued to 7:30 p.m. on Wednesday,January 26,.2000 at the City.of Naperville Municipal Center, 400 South Eagle Street. [Return to ton of nape] CONTACT INFORMATION The project is being.managed by the Department of Community Development. If you have questions or need additional information;please contact the Department of Community :perViybv;•Teardo4/JAMl Development http://www:napervWe.il.us/DCD/teardowntiridex.htm Development at (630).420-6081 or e-mail at planning @riaperville.il.us. [Return to ton of page]. Send mail to city departments with questions or comments about the City of Naperville or this web site. City of Naperville.*400 S.Eagle Street•PO Box 3020•Naperville,IL 60566-7020.630-420-61.11. Copyright®1996 2.000•All rights reserved Disclaimer NaperVi;w:'Full Report. http://www.naperville.il.us/DCD/teardolw'n/rep6rt.htm. Nkliv elr The C}If3cisF Sete of --%:- the City bf NaiCri�ilr ggy p�t�.�ry ,. ..y -.... �' SWIM 99 a M rL®,. 1Governmerttl ITransoortationl fEnvironmentl Home (Public Safety l[Recreation'(Communityl Search FET Return to Teardown/Infill Development main naee �. Purpose Staff Recommendation . •. Overview of Research • Attachment 1:Evaluation and Comparative Analysis of • Teardown Task Force Recommendations , Bulk Re ations • Items'For Further Consideration 0 Attachment 2. Summary of Teardown Task Force Recommendations for Zoning Ordinance Text Amendments Send mail to city deaartments with questions or comments about the City of Naperville or this web site: City of Naperville•400 S.Eagle Street•PO Box 3020•Naperville,IL 60566-7020.630420-6111, Copyright®1996-2000•All rights reserved•Disclaimer perView';Teardotiy[rTaskforca-Full.Report:Purpose http://www.napervil le.il.us/DCD/tcardown/purpose.htm The Orrit Al Sited, the City of hlapervillc [Government][Transportation][Environment] Home [Public Safetvl Recreation [Communitvl Search QMI i 4 s. . RMOVAIM Return to Study In PURPOSE. This report serves to.provide an overview of the work that has been conducted by staff and the Teardown . Task Force on the City's Teardown/Infill Development Study which.began in December 1998. The Task Force first convened with staff in late April 1999 and conducted a series of eight meetings over the subsequent five months. The purpose of this study is to analyze opportunities for`infill development (resulting from teardowns, infill subdivisions, or construction on vacantlots)and to recommend guidelines to protect existing residential development from.the encroachment of'incompatible infill development and to allow.for reasonable redevelopment and additions. [Return to ton.ofnaQe] Send mail to city departments with questions or comments about the City of Naperville or this web site. City of Naperville•460 S.Eagle Street•PO Box 3020.o Naperville,IL 646.7020 Copyright®1996••2000•All rights reserved•,Disclaimer NaperView-jeardown Taskforoe—Full Report:Overview of Research http://www.naperviU.e.it.us/DCD/teardown/researdh.htm Now 2 'Yj 7�te C1<fCfri�t Sltc al a s the C ity of Nkpervitic ]UM RU [Govemment [TransaortatiOnl[Erivironinentl.fHorrie [Public Safetyl ecreation [Community [Search . x(nx,;r. ..,xo.a,Xa, »'^'>C,"\':.0.:''ati'.'..,;»»>*,ry :. •> 9'yc•.;»':A�w: y',n« »}.. .�.. Return to Study Index OVERVIEW OF RESEARCH DCD staff began this study by researching residential infill development'that has occurred in Naperville: over'the past five years as a result of.a teardown. Staff compiled general information on each of these -properties (including photographs, square footage of the.demolished structure, square footage of the new home; lot size, zoning,'and recent sales data) in order to gain an understanding of the current trend and to anticipate future locations for teardown,activity. Based on.this initial'inventory, staff identified six study areas (generally-Iodated around Downtown Naperville) that might be susceptible to continued teardown activity: Staff found that the bulk of infill development was the.primary problem related to residential teardowns. Because bulk-is contextual(i e. a new home is ':out of character"when it is significantly larger than its neighbors),the existing,bulk characteristics of each study area needed:to be defined in order to establish a context for evaluating the bulk.of.infill development. Thorough analyses of the six study areas were conducted.(based on data taken-from building permit records, the City's GIS data base, County data, and Township Assessors information)to determine the existing bulk characteristics of each area including: lot size, lot width,,floor area ratio (FAR),'and front yard setbacks. Other,character-defining elements of these. study areas were also identified as appropriate (i.e. the number of homes with detached.garages and,with alley access), sample teardown scenarios were constructed in order to understand the actual bulk.potential on an "average" lot;and redevelopment.potentials in each study area were analyzed; Key findings from.this analysis are summarized in the "Findings" section below. Staff also conducted a survey to evaluate-the residential bulk regulations contained in Naperville's Zoning Ordinance against standards utilized by other communities. In addition to information obtained from the American Planning Association and Innovations Group, zoning ordinances and related materials were collected from several communities including the following: Aurora,Barrington,Bolingbrook,Downers Grove,Dublin (Ohio), Elgin, Highland Park, Hinsdale,Hoffman Estates, Lake Forest,Lombard, Orland Park,Park Ridge, Schaumburg, Warrenville, and Wheaton. Key findings from this analysis are summarized in Attachment 2. [-eturn to ton of pate] Findings• Please find below a summary of the key findings of the above referenced research. l)Residential teardowns and the resulting infill development will continue to occur in Naperville- To date,:the number of residential tear downs occurring in Naperville has not been a erview-,Tcardo�yp'Taskforce.-Full Report:Overview of Research http://www.naperville.il.usfDCD/tearbown/research.htm .y significant problem. Approximately 5-6 residential teardowns have occurred each year since 1995. However,at least sixteen properties have already been slated for demolition this year. • Teardowns are becoming more of an.issue in Naperville because of changes in the housing market.Previously, it was impractical to build a home that was much larger than other homes because the cost of building the larger home could not'be recouped upon resale:However, as the real estate market has strengthened in Naperville's older neighborhoods, conditions are.in place to support the construction or enlargement of houses that are much larger than the adjacent homes. When the value of land on which a house is built increases relative to.the value of the structure, it becomes economically viable to build.a neW larger home-on that lot. Naperville's strong housing market suggests:that bulk control will continue to be an issue for the community. • .Areas adjacent to the downtown are especially prone to teardowns as the.existing residential structures may be quite small (800 - 1,200 square feet) compared to the building envelope currently permitted.by the Zoning Ordinance which exceeds 2,600 square feet.for a single-story:home, or 5,200 square feet for a two story home, on a 6,000 square foot lot. • In addition..to infill development occurring as:a result of residential teardowns on individual lots, infill development has also.occurred through the subdivision process. . Several small infill subdivisions have occurred where oversized,lots could be resubdivided and has resulted in the construction of relatively large homes on standard sized lots. Examples of this can be found in Pleasant Oaks Unit 2, Siebeit's Subdivision, Stacy-'s Corner, and Van Someren's 8th Avenue Subdivision..There are over 90 other locations within our study, areas where additional infill subdivisions could occur under the City's current zoning.and subdivision standards by subdividing one oversized lot into two smaller lots or dividing two lots into three Pots.-This did not. however take into account the 90%rule(ordinance#99-112). [Return to to ofnage] 2)Primary issues resulting from,inf 11 development are excessive bulk (visible from the public right-of-way) and impact on neighborhood character. These impacts can be mitigated through effective zoning controls. • It is recognized that teardowns have in impact on the affordability of Naperville's. housing stock(by demolishing.some ofNaperville's most'affordable housing and. raising property values) and may threaten some historically or architecturally. significant structures. However,the primary concerns that have been voiced to date are not so much related to the loss of the previous residential structures(which have.often been marginal), but relatedto the size of the replacement structures and their impact on neighborhood character. Research found that most communities have focused their attention on bulk issues associated with teardo.wns as they can be readily addressed through amended zoning regulations. Issues related to housing affordability and the preservation of significant structures are complex and more difficult to regulate. 4 Excessive residential bulk,describes the construction or enlargement of houses that are overly large and out.of character.with the surrounding neighborhood.Bulk includes the number of stories of a home, setbacks, building height, building size, and lot size... . While several insensitive teardown/infill developments have occurred with excessive bulk;infill development is not necessarily detrimental to neighborhood character and in some instances can be an improvement. There were a few examples.where the impacts of new construction were.mitigated through.sensitive architecture and site Naperview:•T&rd6� Taskforce-Full Report:Overview of Research http://www.naperville.it.us/DCD/`teardown/researa.htm design. It is possible that zoning ordinance---regulations could be modified to better . control residential bulk-and site design in order to encourage compatible infill development. • Aside from bulk issues; some neighborhoods have specific design elements (i.e. detached garages)that help define the character of the area:For.instance, approximately 80% of the.existing homes in half of the study areas have detached garages. When infill . development does not incorporate compatible design features,the new construction seems out of character with its neighbors. These features need to be recognized and can be.preserved through.zoning regulations. . • Naperville's current Zoning prdinance is inconsistent with existing development. conditions in some neighborhoods. For'instance,many homes in Naperville'.s R2 Zoning Districts were developed.in advance of the current regulations (which require a 25 foot front yard setback)with front yard setbacks ranging from 10 to 15 feet. These inconsistencies need to be addressed:because when infill development is required to adhere to standards that do not reflect the existing development pattern, new construction is out of character with the existing neighborhood (i.e. new construction is set back 10-15 feet further than existing houses). [Return to ton of pdke] 3)Naperville's current Zoning Ordinance is inadequate to control the bulk of residential structures and needs to be modified • An analysis was conducted to determine the maximum building envelope(in square feet)that is permitted under the City's existing R2 and RIB zoning regulations. It was found that the maximum building envelope on a 7,500 square,foot lot designated R2 is 3,800 square feet; or 50.7% of the total lot area. The maximum,building envelope on a 7,500 square foot lot designated RIB is 3,420 square feet, or.45.6% of the:total lot . area. Please note that these figures reflect.the buildable area.at the ground level. The actual building size could be doubled to approximately 7,000 square feet by adding a second story. • Most of the homes that had been demolished were between.700 - 1,500 squareTfeet in size, while the replacement construction has generally ranged between 2,000 4,'000 square feet..While in some instances the size of this infill construction appears t be too large and 'but of character" with its neighbors,the structures are actually well ..below the maximum size(as described above)that could have been constructed on the. lot. • When comparing the existing conditions to the requirements of the zoning ordinance,. it is clear that greater bulk could occur on most of the existing lots. The:Teardown Task Force,and staff believe the City's zoning regulations need to be modified to better control the potential size of infill construction and additions onto.existing structures. [Return to ton of haze] 4) There is no single solution that can be utilized.to addressteardownlinfill development. • Bulk issues are contextual. Regulations that work well to control the.bulk of infill development in'one neighborhood may be inadequate(or too restrictive)for other neighborhoods. Existing development patterns and bulk characteristics need to be the basis for establishing new standards. Neighborhood character,issues are somewhat subjective. While bulk regulations can be erView o TeardowNaskforco-.Full Report:Overview of Research. http://www.napervil le.il.us/DCD/teardown/research.htm utilized to mitigate the impact of infill development oxi the existing character of a neighborhood (in terms of size, height, and setbacks), they do not determine the architectural design of a structure. Without design standards,a home that meets the modified bulk regulations may still be architecturally incompatible with its neighbors. • Issues associated with teardown/infill development are very complex and require comprehensive solutions.No single form of bulk control is suitable for every neighborhood or is capable of addressing all of the relevant issues. Therefore, a combination of bulk regulations should be considered. [Return to top of nape] .. �,, . r :,r<.�u:<«::.0<n<:awsw nuscerssxaxttmuceez,.::::cxaru.::o::;:«ccm.-mac:<mxew,..,..:,:,•r�••m - Send mail to city'departments with questions or comments about the City of Naperville or this web site. City of Naperville.400 S.Eagle Street•PO.Box 3020 4 Naperville,IL 60566=7020.630420-6111 Copyright®1996-2000•All rights reserved•Disclaimer r ' laperVipy Teardotvn Taskforce.-Full Report:Task Force Recommendations http://www.napervWe.it.us/DCD/teardow...a/recommen6.htm „ .,.•:. � *■/eta f _.:..... ✓r l_ . .... .._ .. .1 ......... T1W oiliarial Site of" the.C itv o l�opery lie L02 S! ? Cfi3*��ai�iP�: i�iR ����•'•� � !M ':71i1�1�3�f1+�€7l'� a�'' l.Govenvneritl lTransoortati onl rEnvironmerrtl fliornel 1Publk Safetyl oxmition 1Com iunityl''Search... t:g Return to Study Index TEARDONVN TASK FORCE RECOIVIIVIT;NDATIONS -In general, the construction of new homes and additions represents personal investment in the community and is important for the continued economic health and stability of.a neighborhood. The Task Force recommends that regulations focus on guiding, not preventing, new development so that it is consistent with the existing development pattern of the neighborhood._An.overview of the Teardown Task Force .recommendations follows. Additional detail on these recommendations are provided in Attachment 3 ('Summary of Teardown Task Force Recommendations for Zoning Ordinance Text Revisions"). All of the recommendations will apply to.the overlay district shown and described in Attachment 4. The task force is also recommending that staff work with legal to include language which allows existing structures to be rebuilt to their existing FAR; FER, and setbacks in the case of a natural disaster or fire. 1. Link Side Yard Setbacks to Lot Width -Link side yard setback requirements to the width of a lot by requiring the combined side yard setbacks to be a.percentage of the lot-width measured at the building setback, with no single side setback less than six feet for lots with widths of 50-69 feet or less than eight feet for lots 70 feet and greater. This type of regulation.will limit the horizontal bulk of structures on oversized lots and preserve open space between structures. 2, Adjust Front Yard Setbacks-Regulate minimum required front yard setbacks based on the average of the closest four residential properties(provided that specific conditions are met)or the.minimum established by the zoning ordinance,whichever is'lesser: As many homes in the overlay district. . Were developed in advance of the current regulations with front yard setbacks ranging from, 10 to 15 feet, this regulation may be effective in maintaining the character of an area by relating standards for new development to the existing development pattern of a neighborhood. 3. Increase Minimum Lot Width -Increase minimum lot widths to better reflect existing conditions and to prevent incompatible infill subdivisions (i.e. one oversized lot into two smaller'.lots that are . inconsistent with the character of the area,or two lots into three lots). This would be applied by . requiring the average lot width.of the block face to be used when,determining the'required lot width ofresubdivided lots-When three or less lots are on that block face, the opposite block face will be used.:If there is.no intersection present the average lot width within a 250 foot radius will be used. 4. Establish a Floor Area Ratio (FAR) and Front Elevation Rdtio'(FER)-Establish floor area requirements to control the maximum square footage that could be obtained on a lot by establishing a relationship between the size,of the home-and the size of the lot. Use front elevation requirements to limit visual bulk from the right-of-way. A combination of these could allow for flexibility and . creativity in design. Since the local historic district is alreadysubject to design review through the Historic Sites Commission,the task force recommends that this area be exempt from the FER. regulation. Please note that the.task force has forwarded two proposals for this recommendation (see Attachment 3, page 3 for specifics). 5. Encourage Detached and/or.Rear-Loading Garages--Provide incentives to build detached garages and/or garages not visible from the public right-of-way by offering a bonus to the Floor Area Ratio (FAR): Approximately 80%of the homes in half the study areas have detached garages. This type of . iperVidW-Teardoust Taskforce-Full Report:Task Force Recommendations http://www.naperville.it.us/DCD./teardown/re.commend.htm regulation would encourage a design element.(detached garage)to retain the existing character of the area..: 6. Establish Driveway.Placement Guidelines -Increase space between driveways by requiring a driveway be placed a minimum distance from the.property line. [Return to ton ofnage} Staff has worked with the task force to evaluate the impact of these regulations and has determined that while the combined regulations would significantly impact the bulk of new construction, they are not . unreasonable and would allow for continued infill construction and additions. Member Mike Whaley (architect) had,his staff develop.a number of test cases.on average R2 lots, average RIB lots, and minimum R2 lots to.determine what the combined effect of these regulations would be. On the average R2 lots(60.' x 145') it was found that with these regulations one could build a house of approximately 3,915 square feet as compared.to 4,560 square feet fora one story house or 9,120 square feet for a two story . house allowed under the current standards. On the average RIB lots (70' x 136') it was found that a house of approximately 4,284 square feet could be built.as compared,to 4,408 for a one-story house and 8,81.6 square feet for a two-story house allowed under the current standards. On the minimum R2 lots (50' x 120') it was found that a house of approximately 2,700 square feet as.compared to 2,660 square feet for a one-story house or 5;320 square feet fora two-story house allowed under the current standaYds. The. drawings showing these test cases and comparison to today's standards are enclosed in attachments 5 and 6. Additional test cases have also been-conducted and will be presented to the Plan Commission during the presentation and discussion on this matter. Staff and the task force believe that teardowns are not to be avoided, but to be managed. The regulations proposed by the task force accomplish this objective. These regulations will increase side yard setbacks as lot widths increase,manage bulk and visual impact through a FAR aria FER, and work to retain the existing.character of the area identified in the overlay district through design characteristics such as detached garages and front porches, the use of average lot widths for subdivided.properties, and the. flexibility to adjust front-yard setbacks based on current development patterns. Task force members would like to reconvene in 12-18 months to evaluate the construction that has occurred under the new standards to determine if additional modifications are required. [Return to ton o-tAne] Send mail to city departments with questions or comments about the City of Naperville or this web site.' City ofNaperville•'400 S.Eagle Street•PO Box 3020•Naperville,IL 60566-7020.630-420-6111 Copyright m 1996-2000•All rights reserved.Disclaimer NaperView: Teardq-�vn Taskforce•-Full Report:Items for Further Consideration http://www.naperville.it.us/DCD/teasdown/consider.htm now Tht OffitisI Site a1` l ^..R� the f:itytfhia,petvillc . ��' r o s [Government l[Transportation l[Environment). ome [Public Safetyl ecreation [Community l Search Y,a...; . .:.. b. Retum to StudyIndex ITEMS FOR FURTHER CONSIDERATION . • Stormwater Management/Lot Coverage Requirements The Teardown Task Force examined the issues of lot coverage and stormwater management and agreed.that new additions and infil.1 development should not unreasonably add to stormwater problems..They felt additional research was needed prior to recommending regulations. The Task Force is recommending that Council direct staff to study this issue further and prepare stormwater management guidelines for teardowns, additions, and infill development. The Task Force recommends that staff work.with an advisory committee to develop recommendations: • Develop Recommendations for Teardowns/Infill Development in Additional Residential Districts ' - The Teardown Task Force feels there is a need for regulations.for other zoning districts including the Rl;RI A,and additional R1 and R2 districts,to be further explored. Staff estimates that the initial research for this would take approximately six months. After the research stage is complete, this task force could reconvene or another task force could be set up to further examine additional areas. Since different-areas of the city.have different development characteristics; staff and the task. force feels that it is important to examine these areas individually and create regulations that fit each area rather than applying a.policy to the city as a whole: [Return to top'ofpage] Send.mail to city deaartment9 with questions or comments about the City'of Naperville or this web site. City of Naperville•400 S.Eagle Street•PO Box 3020•.Naperville,IL,60366-7020.630-420-6111 Copyright®1996-2000•All rights reserved a Disclaimer perViea%-.Teardq.;m Taskforco-Full Report: Staff'Recommendati on http://www.naperville.il.us/DCD/teardown/staff.htm e Cltfiti l Site'ai" >:;ri the City of Na CM A I Yr11� tag Irma (Government)gransoortationl[Environment) Home [Public Safety Recreation .ICommunitvl Search ' v.roz ...... „:>v:' n'.>: '^.•. - .st�...�y ::Y^:of 'N:s,:. - Return to Study Index STAFF RECOMMENDATIONS 1f council-concurs with the Teardown Task Force's findings and recommendations for the zoning ordinance text amendments 1-6 as described above,they should refer this item to Plan Commission for public hearing, review, and recommendation. If Council feels that more explanation is needed, they should schedule a joint workshop'with Council, Plan Commission, and the Teardown Task 1~orce. [Mum to top of page] 1 Send mail to city departments with questions or comments.about the.City of Naperville or this web site. City.of Naperville e.400 S.Eagle Street•PO Box 3020•Naperville.IL40566-7020.630420-611.1 Copyright®1996-2000•All rights reserved•Disclaimer NaperView,-TWdq?vn Taskforce-Full Report:Attachment 1 httpW www.naperville.il.us/DCD/teardown/attack l.htm FAR/Maximum Lot Coverage All of the communities surveyed (with the.exception of Downers Grove)utilized either floor area ratios or lot coverage requirements to regulate the amount of building that can occur on a lot. Naperville does not currently utilize either method to control bulk in its residential districts. Required Setbacks . 14aperville's required setbacks are generally_consistent,with the standards utilized by.other communities surveyed, with the exception of corner side yard setbacks where most of the communities utilize more' . stringent standards. Staff found that several.communities relate side yard setbacks to lot width, requiring a combined total:side,yard setback equal'to some.percentage of lot width. Findings In summary, the standards contained in Naperville's,Zoning Ordinance are generally consistent with standards utilized by other municipalities. Drawing conclusions from this type of comparative research is difficult because zoning regulations are customized to meet a community's specific needs and are often based on the historic development pattern of an area..Standards that work well in one community may be inappropriate,for another: The most important finding from t ls'research was that(unlike Naperville) fourteen of the sixteen municipalities surveyed utilize either floor area ratios or lot coverage restrictions to regulate the bulk of residential.construction. This finding may indicate that setbacks and height restrictions alone may be unable to adequately control residential bulk. [Return to ton of nape] Zoning Requirements for.Residential Districts Similar.to Naperville's R2 ....................................................................................................................................................................................:............... ..........................................................:................................................... Min. : Min: Max. 1 ' Min.Front Min. Max. Min.Side Comer i Min.Rear € Lot Lot : Building ' Max.Lot ? Yard Building ; FAR. Yard Side Yard Size-:Width; Height :Coverage: Setback stories Setback(ft.): Yard Setback s(sq.1t.) (ft.) (g,) . S j (ft) Setback to ' s ' .................................;..................................;....................... .... ;... _................. . ........... ............ ;((lot area. ((lot area -6,000) 6,000)x Elgin 6000 : '0 none . none ., x , 20 6 20 20 .20) ] .1729) x � _ 2;700. ]. 2,685 15' t 25%of lot Dublin,Ohio s 4500 € 80 35 30% 30 ! combined 30 : depth up to : total,5'min. : 50' _ Gumee 5000 80 35 0 35 30- 10 ( `_ qu Pre-1989:ti min.Post- Na Naperville : 6000 50 40 ( 3 ? 25 € 1989:16 15 25 P combined total,6'min. : Wheaton, 6500 50. 3.5 a 40% 25 varies' 20. 25. . 'The sideyard setback requirement varies based on height of the structure and lot width. [Return to top ofnaQe] Zoning Requirements for Residential Districts Similar to Naperville's RIB. . ,..,,,,. � .-.._......_.,.._.._.. Min. Min. ` Min. Max. 3 " Max. ° Min.Font€ Min.Side Comer Min.Rear Lot : Lot : Building Max.Lot Yard Yard. Side Yard . Size Width_: Height Buiidmgj FAR :Coverage: Stories Setback !Setback(ft.) Yard Setback (ft.) (ft.) , € Setback ....................................... ....................................................... .............::.........:............... perViAm',Tdardgwm Taskforce•-Full Report:Attachment 1 http://www.naperville.il.us/DCD/teardown/attachl.htm !gic offidAl Ss te'ai OR ti -city of MiC•rviile 'It-am 0 It [Govemmentl f7rransoortationl[Environment l ome [Public Safetvl -Recreation [Communitvl Search - 5� Return to.Study In Attachment 1: Evaluation and Comparative Analysis of Bulk Regulations INTRODUCTION In conjunction with DCD's teardown analysis, staff conducted a survey to evaluate the residential bulk . regulations contained in Naperville's Zoning Ordinance against standards utilized by other communities. In addition to information obtained from the American Planning Association.and Innovations Group, zoning ordinances.and related materials were collected from several communities including the following: Aurora,Barrington,Bolingbrook- Downers Grove,.Dublin (Ohio),Elgin,Highland Park, Hinsdale, Hoffman Estates, Lake Forest,Lombard, Orland Park, Schaumburg,Warrenville, and Wheaton. The "Comparative Zoning Summary" below provides a.summary of our findings. [Return to ton ofnage]_ COMPARATIVE ZONING SUMMARY This section provides a brief analysis of how Naperville's residential bulk regulations for the R2 and RIB Zoning Districts (primarily those areas impacted by.the teardown.phenomenon)compare against standards utilized by other communities. This section focuses on traditional bulk regulations related to lot size, lot.. . width, floor area, and setbacks. A summary matrix of this information has been.prepared and is included in this report. . , Lot Size. Napery'Ile's minimum lot size requirements are generally consistent with the lot size requirements contained in other municipalities' zoning ordinances, although few comparative examples could be found for the R2 Single-Family and Low Density Multiple-Family.District. Lot Width The minimum lot width requirement of 50 feet for the R2 district is generally consistent with other communities surveyed, although two of the five communities surveyed required lot widths of 80 feet. The lot width requirement of 50 feet in the RIB district is lower than the standards utilized by most of the communities surveyed, which generally range between 60 and 75 feet. Maximum Building�Height/BuiIding Stories The maximum building heights.(40 feet or 3 stories in the R2 district and 35 feet or 2.5 stories in the RIB district) contained in Naperville's Zoning Ordinance are generally consistent with the standards contained in other municipalities' ordinances. However, seven of the communities surveyed were more restrictive in controlling building height and allowed buildings to a maximum height between 25 and 30 feet. NaperVievi.-Td'ardovvn Taskforce. Full Report:Attachment 1 http://www.naperville.il.us/DCD/te�rdown/atiaciii.htm (Aurora 8000 ! .60 35 _ 2.5 40%. '�30 8 I 10 .20.3. a Barrington 7500 ' 75 25 10 30 �� Bolingbrook 8750 75 35. 2.5 35% 30 . 8.5 25 30 !�� Downers Grove......................: ..._50..... . 35...... . 2.5 ..............:........•'.........................:.....:....:25..:_:...:..; F............... ............,I.a............. ........... ...:.................... ((lot area !((lot area- -7,500)' 7,500)x ? Etotalln. .Elgin 7500 60 none none 25 25 30 x31 .13 042+ 25%.lot 20%of lot Highland Park 7260 50 30 40% 25 25 depth up to :width,6 min.: 25'.-- , Ave.of _ 35%on block on 30%+ interior lot/: same side . Hinsdale 7000 50 34 3 ! 6. 15 25 800 ft. .45%on of street comer lot (max.45 ft. Hoffman t;_._.._._ w ) combined _ Estates 8500 65 35 40% = 25. 25 20 f. ............... ........: .............. ............ ........ .. . . ................. .... .... {......... 1 total of 15' Lombard.:....:........ .:.7500:... ....60:._.:......30 ...... :5 ............ '... % 'I .........20.. 35 ....... _... _..._....._ ............ Pre-1989:6' F min.Post- Naperville 8000 j 50 35 2.5 30 1989:16 15 _ 30 combined i a total,6 15%of lot. Orland Park 8500 70 . 50 4 45% 30 15 30 3' .width IS.chaumburg. ...8750... ....?0.....'1.......28........It... . . .. . .. ..............32%. 30 10%do�f lot 30 30 ......................._......_. r- Warrenville .7000 ! 50 30 2.5. s 30% 30 'I _ V 30...... E. 1 ........................ ...................... ........................�....... ................... Wheaton.......:.......i._7260.:..�..._60..._i......_35......... ......_ 5......... ....:................. ...33.309G.... ..:.....30............ ........varies'........il...:..... ........... .:...:......25.................. . 'The sideyard setback requirement varies based on height of the structure and lot width.. [Return to top ofpat�e] Send mail to city departments with questions or comments about the City of Naperville or this web site. City of Naperville•400 S.Eagle Street•1'O Box 3020•Naperville,IL 60566-7020.630-420-6111 Copyright®1996-2000•All rights reserved•Disclaimer perVieik:Teardgv6 Taskforce.Full Report Attachment-2 hnp://www.naperville.il.us/DCD/teardown/attach2.htm e VI m; :. '11W 0(f, isr[S'rtr'al' ihik City of hlapervilhe j® m%� a► Asia. !'� + " ��.:: (Govemmentl[Transoortationl[Environment] Home [Public Safetyl Recreation [Community [Search ,... ,>,....,: y .._ :.. : ._. : s ..... it A. Retum to Study Index Attachment 2 . Summary of Teardown Task Force Recommendations for Zoning Ordinance Text Amendments • Link Side Yard Setbacks To Lot Width •.`.Establish A Floor Area Ration(Far)&Front Elevation • Adjust Front Yard Setbacks Ratio(Fer) • Increase Minimum Lot Width Restrict Front-Loading Attached Garages • :Establish Driveway Placement Guidelines LINK SIDE YARD SETBACKS TO LOT WIDTH Current Standard Minimum Lot Width `FInierior Side Yard Requirement: " Requirement• . .. ................ . . .................................................................................. ...................... ................................. R1B i 6 ft. total,for the two side yards 50 ft. with each side yard a minimum of District: six(6) feet: ................................................................................................._....... ._.._......_......-- ........................ _ 16 ft. total for the two side yards R2 District: : 50 ft. with each side yard a minim_um of six(6) feet. Proposed Regulation Interior Side Yard: For lots up to 69 feet, each side yard setback-shall be a minimum of six(6)feet with a, combined total sideyard setback of not less than thirty-two (32)percent of the lot,width.as measured at the front yard line. For lots 70 feet and greater, each sideyard setback shall be a minimum of eight (8)feet with a combined total sideyard setback of not less than twenty-eight(28) percent of the lot width as measured at the front.yard line. Naper'fieW-• Teardo4in Taskforca-Full Report:Attachment 2 h4://www.naperville.il.us/DCD/te4rdown/atiach.2.htm Req. Setback 11 Remaining . Lot Width Percent (Combined) Bldg.Width . .......................................... .......................................................... .......... ..............._........................................................................ .. 50 feet 16.0 feet 32% ' .34.0 feet 55 feet 176 feet 32% 37.4.feet f 60 feet 3 19.2 feet 32% 40.8 feet t.::.........................:............: :.........:...................:.........................:... 65 feet 20.8 feet 32% 44.2 feet .............._ 70 feet = 19.6 feet 28% 1 50.4 feet ....:.....:... .....................:..:.:..:.......... .. _................ ................................................................._ ................ 75.feet . € 2 1.0 feet 28% 54.0 feet 80 feet 22.4 feet. 728% 57.6 feet ...................................................................:................................. ......................:............................................................ . 85 feet 23:8 feet 28% i, 61.2 feet 90"feet i 25.2 feet 28% E.64.8.feet .................................._.................................. -- ..............._ :................�....._.__—_. ....._... ... _ 95 feet 26.6 feet 28% 68.4 feet ...::................ ...:.............: !.........................................................I . _...___ i..........:.......:::......._.............;.:.,.......:.:.. 100 feet 28.0 feet 28%, 1 72.0 feet [Return to ton ofnage] woo ADJUST FRONT-YARD SETBACKS Current Standard lFront Yard Setback Requirement: R1B District:j[ M 30$ R2 District: 25 ft. Proposed Regulation Front Yard: The minimum front yard setback..of the_the zoning district shall apply except as follows: The required front yard for a use shall be decreased when all of the following characteristics exist on the four(4) closest lots on a block face. In such instance the required front yard for the use shall be the median established front yard on the four(4) closest lots on a block face. 1. At least three(3) of the four.(4) lots are located.in a residential district. 2. At least three(3) of the four(4)lots are-already improved with uses allowed in the district.or districts in which they are located. 3. The established front yards of at least three (3)of the four(4) lots do not vary by more than six(6) feet: peAfi4-;T`ardo�Taskforoo-Full Report:Attachment 2 http://www.xiaperville.il.us/DCD/teardown/attach2.htm 4. The median established front yard of the lots is less than the minimum setback required for the zoning district: 5. At least three (3) of the four(4) lots are developed at less than the minimum setback Block face is defined as lots on the same side of the street from intersection to intersection. [Return to top of page] INCREASE MINIMUM LOT WIDTH Current Standard ------- -- _ Minimum Lot Width Requirement:; R1B District: 50 ft.. R2 District: 50 ft. _ Proposed Reeulation At the time of adoption, for all resubdivisions of existing platted blocks,the average,lot width of the block face measured at the front yard line of legal front yards will be used to determine the required minimum lot width for the resubdivided lots:Non-residential properties and the dimension of side lot lines will be .excluded from this calculation. If there are not four(4) lots that qualify for the calculation on a block face, properties on the opposite side of the street facing an adjacent right-of-way will be counted. When there is . no intersection within 150 feet of the subject lot, the minimum lot Aath shall be determined by considering.the residential lots within a 250 foot radius as measured from the property lines of the subject property. Legal Front Yard is defined as the narrower frontage of a lot for the purposes of calculating lot width. [Return to top of page] ESTABLISH A FLOOR AREA RATION(FAR) & FRONT ELEVATION RATIO (FER) Current Standard RIB District: None R2 District:_None Proposed Regulation Included in the definition of total building square footage for F.AR should be: Principal Structure • Basements:,If more than 50% above grade is exposed, it will be counted in the FAR Covered, Attached, and Enclosed Decks.and Porches: Counted in FAR calculation. Exception: Front porches are exempt from FAR to a maximum depth of 10 feet. • Garages: Attached garages should be counted in the calculation, detached should not be. NaperView TeardoW-n Taskforcor-Full Report:Attachment 2 http://ww w:napervil la.H.us/DCD/tewdown/attar.tn2.htm . 4 'Proposal#1 (majority su orted 5 of 9 .............................................:..................................................�......._ '........PP.................,"................. ................._....................... ............................................: With detached garages and/or With front or side loading garage: : garages not,visible from the public right of way: F.A.R of up to .40 F.A.R of up to .45. F,E.R of u to .50 F.E.R of u to .50. ................................................:..........._...p..:................................................... ........................................................._....._.P......... ............................................. Combined total not to exceed .85. Combined total not to exceed .90 ......................... Proposal#2 ........:.:......:_: y ..lored-4of 9) ........................................................... m . . ...................... With detached garages and/or With front or side loading garage: : garages not visible from the public right of way: F.A.R of up to .40 F._R_ of up to .45 .............................................................FE.Rof.up..to....:.55................:.:............. ..............................._F.:E R.._of up to .60.................:......... ...... Combined total not to exceed .95 Combined total not to exceed 1.0 To see a gaghic examples of F.A.R and F.E.R: click here. [Return to top of page] RESTRICT FRONT-LOADING ATTACHED GARAGES Current Standard RIB District: None R2 District: None Proposed Regulation. Proposal #1 (majority supported-5 of 9) A.05 Floor Area Ratio (FAR) bonus for the principal structure shall be awarded for residences with detached garages and/or garages not visible from the public right of way. Proposal#2.(minority supported-4 of 9) A.05 Floor Area Ratio (FAR) OR a:OS Front Elevation Ration TER)bonus for the principal structure . shall be,awarded for residences.with detached garages and/or garages not visible from the public right of way. To see graphic examples of proposed Rarage bonus regulation, click here. [Return to top ofpaPe] ro http://www.naperviRe.il.us/DCD/teardowri/anach2.htm rView;-Teardolyn'raskforce•Full Report:Attachment 2 •x Y I ESTABLISH DRIVEWAY PLACEMENT GUIDELINES Current Standard RIB District: None R2 District:None Proposed Reeulatiori No driveway shall be located.within one Q)foot of the property line. [Return to top ofnape] Send mail to city deoartmejs with questions or comments'about the City of Naperville or this web site.' City of Naperville•400 S.Eagle Street•PO Box 3020 a Naperville,IL 60566-7020.630.420-6111 Copyright®1996-2000•All rights reserved•Disclaimer EHLERS & ASSOCIATES INC To: Mike Morrison,City Manager/Sue Hall Assistant City Manager From: Jim Prosser,Ehlers &Associates W Date: August 8, 2002 Subject: Project Update Project Planning Pratt-Ordway preliminary development activities have been focused in three areas,refining the development program, identifying alternate revenue sources and undertaking preliminary land assembly activities. The development program is the outline of what will be included in the development. Given the cost to acquire land(including relocation)and the public improvements Pratt-Ordway is seeking high value uses that support higher land costs and generate more tax increment and still be compatible with the original concept plan for the area. This is a typical and necessary activity during the preliminary development period. The goal is to close the gap between project revenues and costs. The revenues are basically the land sales proceeds,tax increment and any grants that might be received. The costs include; land acquisition, relocation, demolition,clean up, site preparation and public improvements(roads; streetscape, storm water holding areas,utilities, etc.). Special focus has been placed on assessing interest for commercial and retail users for the site. Typically, these types of users will pay more for land and generate higher taxes per square foot than residential. Given Pratt-Ordway's and Dominium's strong residential background the residential development program will not be as significant an issue. Pratt-Ordway is also preparing a plan that would permit construction to begin on the Apache parcel first with other project components to follow as land and funding become available. Key to this project timing is the need to assure that the entire project will be completed. Project Communications An update for the newsletter and newspapers will be prepared once Pratt-Ordway completes the plan refinement. Pratt-Ordway will be seeking input from the public prior to submitting the refined plan to the City for consideration with the final development agreement. Land Acquisition Preliminary land assembly activities include establishing contact with property owners and businesses in the project area,developing estimates for land acquisition and relocation and assessing interest in business relocation to the new development. Pratt-Ordway has initiated discussions with USBank for an option agreement for the Apache property. The next step will be to develop a better understanding of property owner expectations. The challenge will be to provide reasonable compensation for the property while still keeping the project financially feasible. Since it is likely that the project will need public assistance the land acquisition must meet guidelines for"fair and just"compensation without exceeding reasonable standards for the use of public funds. LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Phone:651-697-8503 Fax: 651-697-8555 Roseville, MN 55113-1105 Email: jim @ehlers- inc.com Project Funding Metropolitan Council continues to be very supportive of the redevelopment effort. The City is seeking funds from at least two different Metropolitan Council sources,the Livable Communities Demonstration Account(LCDA) and Tax Base Revitalization(asbestos cleanup). Competition for these funds is very strong and at this time it is clear that the project financing gap will not be closed by Met Council funds alone. Tax Increment Financing Given the likelihood that tax increment financing(TIF)assistance will be requested by the developer, Ehlers recommends that St.Anthony initiate an assessment to determine if the site would qualify as a "Redevelopment"district as permitted by State Law. The first step in that process is an inspection of properties that may be included within the district. An inspection was conducted as part of the Hillcrest proposal. Jerry Gilligan and Ehlers will review the previous inspection reports to determine if this inspection can be updated and used for.the Pratt-Ordway development. Tom Goidon prepared the last Tax Increment Qualification report. Tom Goidon will be meeting with Jim Prosser and Jerry Gilligan to initiate planning to update the report. Project Design/Land Use Approvals DSU will be coordinating development of design standards to assure the consistency with community standards developed during the planning stages. Land use reviews will be coordinated with the Planning Commission in the same manner as other development reviews. Project Components Pratt-Ordway is researching several value added project components including high tech communication access, energy conservation designs and transit-orientated design. Project members have prepared a transportation and communications component that would enhance the site for development purposes. The City will seek a partner to assist in concept development and funding. A University of Minnesota team is currently preparing a funding request similar to the concept prepared by the City. Lisa Raduenz,a project team member will be meeting with the University to gather information about a partnership. The City has scheduled a meeting with Congressman Martin Sabo to discuss the transportation component. Energy Conservation Components BKV Architects has held several meetings with Xcel Energy to develop energy saving initiatives for the building and site design. Housing Issues The Project Team continues to carefully monitor concerns about housing density. It appears some concerns relate to the type of housing, rental housing management;traffic,building design and impact on city services. These issues(and others to be identified)will be the subject of analysis prior to final project approval. St.Anthony Redevelopment Update—Ehlers&Associates 1 CITY OF ST. ANTHONY 2 3 CITY COUNCIL REGULAR MEETING MINUTES 4 5 July 23, 2002 6 7 CALL TO ORDER 8 Mayor Hodson called the meeting to order at 7:00 p.m. 9 10 PLEDGE OF ALLEGIANCE. 11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance. 12 13 ROLL CALL. 14 Present: Mayor Hodson; Councilmembers Horst, Sparks, Thuesen, and Faust. 15 Absent: None. 16 Also Present: City Manager Mike Mornson. 17 18 CONSIDERATION,DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 19 ITEMS. 20 21 I. APPROVAL OF JUNE 23, 2002 CITY COUNCIL MEETING AGENDA. 22 Motion by Councilmember Sparks, second by Councilmember Thuesen, to approve the City 23 Council Meeting Agenda of June 23, 2002. 24 25 Motion carried unanimously. 26 27 II. PROCLAMATIONS AND RECOGNITIONS. 28 None. 29 30 III. COMMUNITY FORUM. 31 Mayor Hodson invited residents to come forward at this time and address the Council on items 32 that are not on the regular agenda. 33 34 Hearing none, Mayor Hodson moved forward with the agenda. 35 36 IV. CONSENT AGENDA. 37 38 1. Consider June 25, 2002 Council meeting minutes. 39 2. Consider licenses and permits. 40 3. Consider payment of claims. 41 4. Resolution 02-057, re: Special Assessment deferrals for 2002 street improvement 42 rp ojects. 43 44 Motion by Councilmember Thuesen, second by Councilmember Sparks, to approve the Consent 45 Agenda. 46 47 Motion carried unanimously. 48 1 City Council Regular Meeting Minutes 2 Page 2 3 July 23, 2002 4 5 V. PUBLIC HEARINGS. 6 None. 7 8 VI. REPORTS FROM COMMISSIONS AND STAFF. 9 A. Planning Commission report on July 16, 2002 meeting. 10 1. Resolution 02-058, re: Drs. Hellickson, Larson, Portis and Associates, for 3909 11 Silver Lake Road: sign variance request. 12 Planning Commissioner Jim Hoska reviewed the details of the sign request with 13 the Council. 14 15 Hoska reviewed the suggestion made by Planning Commission Chair Chris 16 Melsha to try and reconfigure the sign to the horizontal position. 17 18 Hoska indicated that the Planning Commission determined that they had a 19 difficult time finding hardship with the request, and recommended denying the 20 request. 21 22 Dr. Larson came forward and stated that the doctors at the practice want to have 23 their names on the sign along with the address,because they are not an HMO. 24 25 Councilmember Horst asked Larson if he was aware that the current sign is the 26 second sign for that building, and stated that, for that reason, he was not in favor 27 of approving the sign variance request. 28 29 Motion by Councilmember Horst, second by Councilmember Faust, to adopt 30 Resolution 02-058, re: Denial of the sign variance request by Drs. Hellickson, 31 Larson, Portis and Associates at 3909 Silver Lake Road. 32 33 Motion carried unanimously. 34 35 Councilmember Sparks stated that her feeling was that it might be better to 36 simplify the sign, and not enlarge it. 37 38 Councilmember Thuesen stated that he felt that there were other options available 39 for the sign. 40 41 Councilmember Horst stated that he did not want the doctors to feel 42 unappreciated by the City Council's decision, as he felt that their practice was a 43 great asset to the City of St. Anthony. 44 45 Councilmember Faust echoed Councilmember Horst's statement that their 46 practice is indeed an asset to the community. He added that they have struggled 47 with the ground signs from the early 90's and getting some uniformity along 48 Silver Lake Road. City Council Regular Meeting Minutes July 23, 2002 Page 3 1 2 2. Ordinance 2002-002,re: Amendment to City Ordinance relating to the definition of 3 garage" and"accessory!building" and to regulate the size of garages in 4 residential districts. 2nd reading- 5 Planning Commissioner Hoska stated that the Commission wanted to gather the 6 necessary information to make an informed recommendation. He added that city 7 staff would contact other cities of similar size and stature and explore their City 8 Ordinance relating to the definition of"garage" and"accessory building." 9 10 Hoska stated that they recommended that the Council postpone the 2nd reading. 11 12 Councilmember Horst stated that there are two issues at hand: the definition of 13 "garage"and"accessory building", and the ratio of square footage to lot size. He 14 added that he felt it was something that needed to be discussed at length, and that 15 they probably should postpone the 2nd reading. 16 17 Councilmember Faust suggested that they go forward with the 2nd reading, and, if 18 necessary, put the Yd reading on hold. 19 20 Councilmember Sparks stated that the larger of the two issues is deciding if they 21 should regulate the size of houses. She stated that she felt that they should define 22 "garage" and "accessory building", but the other issue needs a lot more time, energy 23 and research. 24 25 Mayor Hodson agreed that there were two issues at hand. He.added that he felt that 26 Planning Commissioner Vice Chair Stille made a great suggestion that they look into 27 comprising a Design Review Board. He suggested the city approach DSU and see 28 what they recommend for the City of St. Anthony as related to a Design Review 29 Board. 30 31 Councilmember Thuesen agreed with Mayor Hodson's suggestion to approach DSU 32 regarding a Design Review Board. 33 34 Councilmember Faust stated that he felt that having the Planning Commission go 35 back over the issue is not the best solution, as he felt that the Council was not clear on 36 what they were expecting from the Planning Commission. He suggested that both the 37 City Council and the Planning Commission discuss the issue further, and then take 38 things from there. 39 40 Councilmember Faust indicated that they could get the necessary information 41 regarding a Design Review Board from the League of Minnesota Cities, rather than 42 DSU. 43 44 Mayor Hodson suggested that they proceed with the 2nd reading and stated that it does 45 not clear up the issue of architectural design standards. 46 Mayor Hodson asked Mike Mornson to see what information was available regarding 47 a Design Review Board from the League of Minnesota Cities. 48 City Council Regular Meeting Minutes July 23, 2002 Page 4 1 Councilmember Sparks wanted to clarify what it was that they wanted the Planning 2 Commission to research. She asked if the need more information in the defining of 3 "garage"and "accessory building". 4 5 It was determined that the planning Commission would research the Floor Area Ratio 6 (FAR) in other communities. 7 8 Mornson read some language that was recommended by the building inspector that is 9 working on the home on Downers Drive. 10 11 Councilmember Thuesen stated that he would like to see what other communities are 12 doing. 13 14 Councilmember Sparks suggested that they discuss the idea of a Design Review 15 Board at a study session. 16 17 Motion by Councilmember Faust, second by Councilmember Sparks, to pass the 2nd 18 reading of Ordinance 2002-003. 19 20 Motion carried unanimously. 21 22 B. Ordinance 2002-003, re: Amendment to City Ordinance regulating the placement of 23 ground signs. 2nd reading 24 Motion by Councilmember Sparks, second by Councilmember Horst, to pass the 2nd 25 reading of Ordinance 2002-003. 26 27 Motion carried unanimously. 28 29 C. Ordinance 2002-004, re: Amendment to City Ordinance to delete Section relating to wax 30 in the production of candles and the production of home fragrance products as a 31 manufacturing nermitted use in the Light Industrial district. 2nd reading 32 Motion by Councilmember Sparks, second by Councilmember Thuesen, to pass the 2nd 33 reading of Ordinance 2002-004. 34 35 Motion carried unanimously. 36 37 VII. GENERAL POLICY BUSINESS OF THE COUNCIL. 38 A. Resolution 02-056 re: Receive report and order plans and specifications for proposed 39 2003 street improvement project. Todd Hubmer, WSB &Associates Inc.,will be 40 rep sent. 41 Todd Hubmer, WSB, came forward to review the report,plans and specifications for the 42 proposed 2003 street improvement project. 43 44 Hubmer stated that the project was initiated through the recognition of the following 45 conditions in the project area: 46 • Deterioration of street conditions. 47 • Reoccurring water main breaks in the project limits. City Council Regular Meeting Minutes July 23, 2002 Page 5 1 • Sanitary sewer system back-ups into adjacent homes. 2 • Streets, sanitary sewer, water main lines are approximately 40 years old and are 3 exhibiting deterioration problems. 4 5 As a result, the City Council provided funding in the 2003 budget for street and utility 6 improvements. On May 28, 2002,the St. Anthony City Council authorized the 7 preparation of an engineering feasibility report for the 2003 Street and Utility 8 Improvement Project. 9 10 Hubmer reviewed the proposed improvements with the Council, which included sanitary 11 sewer, watermain, storm sewer, street,permits and approvals, and detour routes. 12 13 Hubmer reviewed the funding for the project: 14 • Sanitary Sewer $400,600 15 • Watermain Improvement $365,4000 16 a Storm Sewer Improvement $18,500 17 • Street Reconstruction $951,700 18 • Total $1,736,200 19 20 Hubmer reviewed the funding sources with the Council. The assessable total is 21 $364,370, and the City total is $1,371,830, for a grand total of$1,736,200. 22 23 Councilmember Thuesen asked if fixing the project area would help the area south of it 24 that also have back-up problems. Hubmer stated that it would not help individuals to the 25 south. 26 27 Councilmember Thuesen asked about the borings taken on for the streets included in the 28 project. Hubmer indicated that they borings are now complete. 29 30 Councilmember Thuesen asked what the City can do before the project starts, so that 31 residents will know well in advance what alternate routes will be in place for them. 32 Hubmer stated that they will hold a number of public meetings with the residents, that a 33 newsletter will go out to residents every three weeks, and an observer on site full-time 34 (Hank Abbott: 612-998-3675)who can be contacted regarding any questions associated 35 with the project. 36 37 'Hubmer added that they would be going door-to-door along 31" Avenue beginning 38 tomorrow evening to provide residents with additional information on the progress of the 39 project. He added that the 2003 project is not as large as the 2002 project. 40 41 Councilmember Faust asked if they were biting off more than they can chew regarding 42 the 2003 project. Hubmer stated that he would be proposing a different way of staging 43 the project from the way that the 2002 project has been done. 44 45 Councilmember Faust stated that a concern of his was with trash receptacles for elderly 46 people need to be considered, as they should not be expected to drag them two blocks to t City Council Regular Meeting Minutes July 23, 2002 Page 6 1 get them to where they need to go. Hubmer stated that nothing like that should happen, 2 and that Hank Abbott should be notified immediately of anything of the sort. 3 4 Mayor Hodson stated that,he would like to see staging of the project from Stinson 5 Boulevard to Edward Street. 6 7 8 9 Motion by Councilmember Sparks, second by Councilmember Thuesen, to adopt 10 Resolution 02-056, re: Receive report and order plans for proposed 2003 street 11 improvement project. 12 13 Motion carried unanimously. 14 15 B. Resolution 02-055,re: Consider purchase of 4029 Shamrock Drive. Todd Hubmer, WSB 16 &Associates, Inc., will be present. 17 City Manager Mike Mornson indicated that they have received an appraisal on the 18 property at 4029 Shamrock Drive by Forsythe Appraisals, Inc. in the amount of 19 $250,000, which the homeowners have accepted. 20 21 Councilmember Thuesen thanked the homeowners for their cooperation. 22 23 Motion by Councilmember Faust, second by Councilmember Thuesen, to adopt 24 Resolution 02-055,re: Considering purchase of 4029 Shamrock Drive. 25 26 Motion carried unanimously. 27 28 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMDERS. 29 City Manager Mike Morrison provided his report for the Council: 30 • Painting is completed on signal intersection. City received several compliments. 31 • The City is receiving applicants for the Fire/Public Works Task Force. The deadline is 32 August 5, 2002 and the first meeting will be held September 3, 2002. 33 • Construction_70 will probably present a preliminary development agreement to Council 34 on September 10, 2002 relating to the Stonehouse property. 35 • The Joint City/School District meeting is scheduled for Tuesday, July 30, 2002 at 6:00 36 p.m. 37 • The Council Work Session on Monday, August 5, 2002 will start at 7:00 p.m. 38 Discussion will be on: 39 • Financial strategies with Jim Prosser(Ehlers and Associates last meeting with Council). 40 • Presentation of the 2003 City budget. 41 • Application for a Livable Community grant in the amount of approximately$4million 42 has been submitted to the Metropolitan Council. A resolution will be presented to the 43 Council in August. 44 • Northwest Youth &Family Services will be present a report on August 26, 2002. 45 • Planning meetings for the Salvation Army site are scheduled for every 2 weeks. 46 47 Councilmember Horst had no report this evening. City Council Regular Meeting Minutes July 23, 2002 Page 7 1 2 Councilmember Sparks stated that the St. Anthony Community Theater will have it's 3 performance on August 9-11 at the High School. Tickets will be available before 4 each performance at the door. 5 6 7 8 Councilmember Thuesen stated that he has been very impressed with the drainage at 9 Central Park. 10 11 Councilmember Faust stated that he was appointed to the Fiscal Futures Policy Committee 12 at the League of Minnesota Cities, and attended his first meeting on July 12, 2002. He stated 13 that on July 18, 2002, the City of St. Anthony hosted a Northeast Diagonal Land Use Transit 14 Study and stated that they would be getting copies of the study which will relate to the 15 redevelopment of Apache Plaza. 16 17 Councilmember Faust referred to the flag raising ceremony that will take place on August 7, 18 2002 at 12:00 p.m. in front of City Hall with their contingents from sister-city, Salo, Finland. 19 20 Mayor Hodson congratulated the St. Anthony Patriots Marching Band along with Spring 21 Lake Park were grand champions again this year at the competition in New York. He 22 thanked the Police Department for their escorts of the band in and out of town. 23 24 Mayor Hodson stated that the process for the Northwest Quadrant Redevelopment Project 25 is on-going and constant, and asked for patience on behalf of the community. 26 27 IX. INFORMATION AND ANNOUNCEMENTS. 28 None. 29 30 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. 31 None. 32 33 XI. ADJOURNMENT. 34 Motion by Councilmember Sparks, second by Councilmember Thuesen, to adjourn the meeting 35 at 8:32 p.m. 36 37 Motion carried unanimously. 38 39 Respectfully submitted, 40 41 42 Courtney Seesz 43 TimeSaver Off Site Secretarial, Inc. 44 45 Mayor 46 ATTEST: 47 City Clerk 48