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HomeMy WebLinkAbout02-24-1998 yew. City Council Agenda Packet February 24, 1998 1Ai s j ~ j I X10 32xIb I + o Apenda No. 0 AGENDA t'. CITY OF DENTON CITY COUNCIL Agenda Item, February 24, 1999 Dale ✓~S Y~ Alter determining that a quorum is present and convening in an open meeting, the City Council will convene in a closed meeting of the City of Denton City Council on Tuesday, February 24, 1999 at 5il5 p.m. in the Council Work Session Room at City hall, 215 E, McKinney, Denton, Texas at which the following items will be considered: I . Closed Meeting: A. Conference with Employees - Under TEX. GOV'"L CODE Sec. $51.075. The Council may receive information from employees during a staff conference or briefing, but may not deliberate during the conference. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOVT. CODE Cit. 351, THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE SEC. 551.001,1:T SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE: WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071.551.085 OF THE OPEN MEETINGS ACT. Work Session of the City of Denton City Council on Tuesday, February 24, 1998 at 6:00 p.m. in ` the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered; 1 NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such j matters should be placed on a future regular or special meeting of the Council for citizen Input, City Council deliberation and formal City action, At a Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, If Invited by City C ' Council or City Manager to participate In the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public leput. Although Work Sessions are public ntcefings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate In the session unless Invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored, Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available , to all citizens prior to the regular meeting at which citizen Input is sought. The purpose of this ley procedure is to allow citizens attending the regular meettng the opportunity to hear the views of thalr fellow citizens without having to attend two meetings. Receive a report, hold a discussion and provide staff Input on expediting Impact feet for water and wastewater. k 0 32X10 r o City of Denton City Council Agenda February 24, 1998 Page 2 2. Receive a report, hold a discussion, and give staff direction regarding home occupation regulations. 3. Receive a report and hold a discussion regarding the results of the Budget Priority Questionnaire with City Council. 4. Receive a report, hold a discussion, and give staff direction regarding the implementation of the Elm Fork Nature Project. 5. Receive a report, hold a discussion, and give staff direction regarding the Denton Plan draft policies. 6. Receive a report, hold a discussion, and give staff direction regarding a landscape ordinance that the City Council requested at their February 17' meeting be brought back for further review. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton. Texas, on the day of , 1998 at o'clock (a m.) (p,m) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, VIE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. 1 PLEASE CALL VIE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1 j-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROU011 THE CITY SECRETARY'S OFFICE. i ' i I x 32x10 , 0 0 "MMM Apenda No Agenda, Ite Oate,~, AGENDA INFORMATION SHEET I , AGENDA DATE: February 24, 1998 DEPARTMENTf Utility Administration ACME Howard Slartin, Assistant City Manager for Utilities l~lr1 SUBJECT Receive a report, hold a discussion, and provide staff input on expediting impact fees for water and wastewater, BACKGROUND The current schedule for enacting impact fees shows that they would be in place by January 1, 2000. This schedule is based upon completing the comprehensive plan before the water and wastewater master plans, thereby allowing cost recovery for all types of water and wastewater facilities, Various City Council members have expressed Interest in expediting this schedule, and staff has been considering ways to satisfy this interest. The most sound way to accelerate impact fees without jeopardizing the quality of the comprehensive plan process and exposing the City to risks associated with poorly constructed impact fees would be to enact over the next six to nine months water and wastewater fees for the portion of the water and wastewater systems that are not geographically dependent, This portion includes the new water treatment plant, expansion of the wastewater treatment plant, and additional water storage tanks, The characteristics of these facilities remain the same no matter where development occurs within the City. Since the characteristics of the plants are not dependent upon the comprehensive plan, we could prow.., with enacting Impact fees for them at this time, ~ As part of the work products from she RUST contract approved on February 17, 1998, population forecasts will be presented to the City Council on blanch 24, 1998. This forecast should be sufficient to use to prepare tlrc land use assumptions needed for the plant related impact fees. Staff already has cost Information for the plant improvements that could be used to create a 10-year Capital Improvement Plan that is also required as part of the Impact fee adoption process. Thus, it appears that the information needed for enacting impact fees for the plant work is available. The impact fee consultant, James Duncan and Associates, is reviewing this data now to confirm whether this strategy Is feasible, Ile I 'l~ ❑ 32 ❑ ..mod i 0 If this strategy is pursued and impact fees for the plant related work are enacted over the next six to nine months, we would still proceed with the original plan to complete the comprehensive plan and wastewater master plan. We would also enact impact fees for the geographically dependent portions of the water and wastewater system according to the existing schedule. These geographically dependent components include the distribution and collection lines and tin stations. Uetennining the characteristics and cost of these facilities depends upon the outcome of the comprehensive plan and art not known at this time. The only difference in the scheme to enact a portion of the Impact fees at this time versus waiting to do impact fees is that we will have to go through the process of enacting the fees twice in two years, which State law allows cities to do, I'he major advantage of this strategy is that the City would begin collecting Impact fees over a year earlier than with the original plan. This advantage could be signisslcant considering the limits that State law places upon the time frame for cities to begin collecting fees aver adoption of their impact fee ordinances. The disadvantages of the strategy include the following: a Additional costs for the consultants to assist with enacting impact fees twice instead of once, but these costs can be recovered as part of the impact fees. • The lower Impact fee associated with only the plant related work would be locked in for those developments completing their final plats curing the time period before the revised fees are set. • The roadway and drainage feasibility study would have to be delayed from a completion in May to August b:cause of constraints in the consultant's workload. Mr. James Duncan of Duncan and Associates will be present at the Council briefing on February 24'" to further discuss thls expediting strategy and its advantages and disadvantages, if the City Council elects to proceed with this strategy, the appointment of the impact fee advisory committee should be made at the March 17, 1998, Council meeting. This committee reviews the land use assumptions and CIP plan and makes recommendations to the Council. State law requires the appointment of the committee, but it allows cities to um either its Planning and Zoning Commission or a separate committee established exclusively for this purpose. If the Planning and 'honing Commission is selected for this • role at least one member of the Commission must be actively involved in development activities. We would also have to appoint an additional committee member to serve on the Commission as it addresses impact fee matters who would represent water customers living outside of the City limits. State law requires such an addition for situations like ours with a water department that serves some customers living outside the city's boundary. if a separate committee is appointed, at least 40 percent of the members have to be actively involved in development activities, it should be noted that the committee is strictly advisory and cannot either approve or disapprove the impact fees. Additional information on the advisory committee is attached, and further discussion will also be ' held at the February 20 briefing. 1 i 2 25 ❑ 32X im, I I - a' 6 I ' s... 1*4* a3'Fl!'°i',W41k.l •7.~!! r''i5ey;.+,, ~M4 ESTIMATED SCHEDULE OF PROJECT March 17, 1999 appoint the advisory committee and approve an increase to consultant contracts. March 24, 1998 joint meeting of the City Council and Advisory Committee to hear the presentation of the population projections. Last quarter of 1998, adoption of Impact fees for water and wastewater A more detailed schedule wili be discussed at the briefing. PRIOR ACTION/REVIEW(Co hell. Boards, Commissions] The City Council has been briefed on October 28, 1997, January 13, i998, February 10, 1998 and February 17, 1998. FISCAL INFORMATION The cost of increasing the consultant contracts is not known at this time, if the Council decides to proceed with this expediting strategy, staff will begin scope and cost negotiations. i li Respectfully submitted: )'dl J01,46, Interim Director Water/Wastewater Engineering k Field Services Exhibit 1: Advisory Committee Establishment I 3 rz 25x ❑ 32x1 O ,aurae I Advisory Committee Establishment State law requires the establishment of an advisory committee before the Impact fee process begins, Section 395.058 of the Texas Local Government Code, provided verbatim below, governs the establishment of an advisory committee. The underlined sentences indicate the approach recommended by staff regarding appointment of the advisory committee. Section 506,066 Advisory Committee (a) On or before the date on which the order, ordinance, or resolution Is adopted under Section 305 042 (which establishes the public hearing date to consider CIP land use assumptions), the political subdivision shell appoint a capital Improvements advisory committee. (b) The advlsory committee Is composed of not less than Ave members who shall be appointed by the majority vote of the governing body of the politicel subdivision. Not less than 40 percent of the membership of the advisory committee must be representatives of the real estate, development, or building industries who are not employees or officials of a polRical subdivision or governmental entry, If the political subdivision has a Draining and ioninp commission. the oommisalon may act as the edvisay committee it the commissfon includes st leasl one raumsonfa ryB of the roc esfale development or buddino Industry who Is not in employee or oAScial of a politics! subdlvlslon or oovilmmenlol entity 11 no such representoUve is a member of the Dienninc I zonlra =misalon. the commfssion mey 01 act es the advisory commiflee 4 at least one such fmosenfatlva !s spocinted by the p dpi sl subdivision es an ad hoc voting member when d ecls as this advfsorv committee t/the impact tee is to t>e apple? inlha a ttreteniforla! furfsdic 'iron of Iha pQjifioel subdivision the membership must include a representative Ili that area. (c) The advisory committee serves In an advisory capacity and Is established to (1) advise and assist the political subdivision In adopting land use assumptions; (2) review the capital Improvements plan and file written comments; (3) monitorand evaluate Implementation of the capital Improvements pion; (4) Ale somiannual reports with respect to She progress of the capital Improvements plan and report to the political subdivision any perceived Inequities in implementing the plan or imposing the Impact fee; and (5) advise the political subdivision of the need to update or revise land use assumptions, capital Improvements plan, and impact fee. (d) The political subdivision shall make available to the advisory committee any professional reports with respectio developing and Implementing the capital improvements plan, rk (e) The governing body of the political subdivision shall adopt procedural rules for the advisory committee to follow in carrying out its duties Staff recommends that the City Planning end Zoning Commission serve as the Advisory Committee for several reasons: 4. The P&Z is a well-established, publicly recognized and staffed city commission, with regularly scheduled biweekly meetings at City Hsll; i 2. Current PU responsibilities include annual capital improvements plan pubtio • hearings and recommendations to City Council, and PU members are already familiar with the CIP process; 3. The PU will be using the land use assumptions and CIP to prepare City charter-mandated comprehensive plan recommendations to City Council, and 6 EXHIBIT 1 ;i a ti Q 32 X x~a I will need to become familiar with these elements even if not appointed se the advisory commhtee; 4. One member of the P&Z, Chairperson Ellen Schertz, Is currently employed as a member of the real estate Industry, partially satlefying Mate advisory committee membership requirements. The only outstanding need would be to appoint a representative from the City ETJ as an ad hoc voting momber when the P&Z acts as the advisory committee; S. The P&Z conducts plat and zoning review activities on a regular basis, and Is well•aoquainted with many aspects of growth and property development. I S <,~rt 2ix10 32X~ e ,SSW" Agenda No, -SGGLSI._ ` Agenda Item oate..~~. AGENDA INFORMATION SHEET AGENDA DATE: February 24`h,1998 DEPARTMENTt Planning & Development CM/DCNVACM: Rick Svehla BJ . T Receive a report, hold a discussion, and give staff direction regarding home occupation regulations. BACKGROUND During A December le, 1997 City Council Citizen's Report, an open letter to the Council was presented (attached) describing objections to a business established as a home occupation, located at 1006 Bolivar Street. A petition was also presented, containing the signatures of 22 Bolivar Street residents, requesting that the home occupation ordinance be "enhanced", City Council members asked staff to investigate the situation and present its findings at as upcoming Work Session. Staff has pursued this matter on two levels; (I) the Legal Department has prepared a report in response to the complaint submitted at the City Council meeting, and (2) the ' Planning and Development Department has prepared an analysis of existing City of Denton home occupation regulations, including a comparison with other cities' standards. The Legal Department has concluded that the existing City of Denton home occupation regulations are constitutionally valid. Administration and enforcement difficulties were encountered, however, and revisions would improve regulatory effectiveness. Legal staff would prefer a home occupation permit review process to enable proper verification of ordinance compliance. A memo provided by t1 t egal Department Is attached that describes the current i situation with regard to the ;Veir Appraisals home occupation located at 1006 Bolivar Street The Planning and Development Department feels that the home occupation regulations should be 1 revised. Performance standards have been employed by other cities that are simple, relatively easy to administer and enforce, and intended to minimize neighborhood impacts. if revised, the 3 ordinance should require the issuance of a home occupation permit. Criteria are proposed related to residency, employees, floor area, signs, residential character of the structure, storage, visitation, hours of operation parking, sales, nuisances, and licensing, These standards are 1 provided to distinguish between home occupation uses that would be compatible with neighborhood character and those that would create negative impacts and be more appropriate in a commercial toning district. ~ F4TIMATEIy SCH .DL:LE OF PROJECT ~ • ~ City staff has researched thie matter for the last two months, Pending City Council instructions at the Work Session, staff Is prepared to schedule Planning and Zoning Commission and City Council public hearings prior to amendment of Chapter 35.76 (Definition) and 35.94 (Purpose, C:'Mr t)%umnw\1I me Oce • CC Wart Senion A1924001 due hp 1 0l M91 I y. ? 5 3 2 x O a 0 -rme~ee , Permit, and Criteria). The first available P&Z date for public hearing and recommendation to City Council Is March 11'",1998. The regular meeting dates of March 17"11998 or April 7u', 1998 would be available for City Council public hearing and action. PRIOR ` The home occupation regulations were slated for one minor revision as a part of the proposed 1997 zoning ordinance revisions that were not reviewed by City Council. The proposed revision would have added Family Home Daycare as an eligible activity within the home occupation definition. FISCAL INFORMATI The staff recommendation does not change the current language in Section 35.77 of the Zoning Ordinance, which allows home occupations in all zoning districts, except parking, outdoor amusement, and recreation districts, Asa result, the geographic arts effected by the proposed code revisions would remain unchanged, limited to land within the City limits. The proposed addition of a permit process will Increase administrative costs, but the criteria for eligibility would be clearer and less difficult to enforce, EXHIBITS OPEN LETTER TO CITY COUNCIL & PETITION, submitted by Deborah Cosimo, December 16"i, 1997 Letter from Mrs. Myrtle N. Marino Memo from Legal Staff: Application of the Home Occupation Ordinance to Weir Appraisals Draft Code Amendment (for discussion purposes only) MER S .P RATH COVER; Planning and Development Staff Booklet: Home Occupation Review Materials Respectfully Submittedi vid M. Hill • Director of Planning and Development Pre red by: j, Mark Dona son Assistant Director of Planning and Development C:Vy DoamenbUbme Ore • CC Wort aeuior Ala 24Ab S &c lap I er/" 1 ?.5x 32XIO 0 t VMWWM OPEN LE'T'TER TO THE DENTON CITY COUNCIL December 16,1947 j My name is Deborah Cosimo. I am is resident of Denton. I am a homeowner and a rental property owner on Bolivar Street. i Our neighborhood on Bolivar street Is zoned 2-F. Like many of our neighbors, my husband has a home office in compliance with the Home Occupation Ordinance, If you were to visit our neighborhood, you will see us walking our dogs, mowing our yards, talking to each other, watching our children-• because we live 1n our homes on Bolivar, As a aelghborhood, we voiced our opposition to a re-zoning request to change one of the houses from 2-F to Planned Development. The request was withdrawn. Despite our opposition, the owners of the house then moved their business office from a commercial location to the house anyway, claiming to be a Home Occupation. Severe] of w on j Bolivar St. reported the zoning violation to the code enforcement officer of our area. After Investigating our complaint, we were told there was nothing code enforcement could do. II The residents of our neighborhoc d have Identified the following problems with a full 1 scale business operating on our street for the last year, reportedly as a home occupation. The owner of the business does not reside in the house-- No one does. The owner and 4- 5 employees commute to the office 9 days a week. While there is no signage to Identify 14 the Bolivar Street location of the business is listed in the Denton Area Telephone , Directory Yellow Pages and there Is a steady stream of vehicles stopping at the house during business hour. r • ' 1 25 x 32X C The primary use of the house is as a fall scale place of business. Thi Home Occupation pamphlet assures us that a full scale business operation will not be permitted in residential neighborhoods. And last but certainly not least, our neighborhood was identified In Sunday's Denton Record Chronicle as one of 2 areas in Denton hardest hit by the crime of burglary. The house is unoccupied after business hours in the evenings and on weekends, leaving the rest of the neighborhood more vulnerable to crime. This summer, l filed a formal complaint with the city under the land and building use ordinance. After several postponements, the attorney for the business requested and was granted a hearing on the language of the Home Occupation Ordinance, claiming It is unconstitutionally vague. I must admit that 1 feel some confusion. It seems clear to me. Why is it taking so long for anything to be done? And why has it been so difficult? Why has a business so obviously in violation of the guidelines of the Home Occupation Ordinance been allowed to continue to operate in a neighborhood zoned 2-F? How long must we tolerate our neighborhood being jeopardized by this business? I am submitting to you a petition signed by 19 homeowners and 3 tenants of homes on Bolivar Street, respectfully requesting the City Council of Denton to enhance the Home Occupation Ordinance to protect the integrity of our neighborhoods. 1 would like to make the following suggestions to enhance the Ordinance, 1. The owner/operator of the home occupation roust reslde in The bows. 4 2. If there are additional employees, all employees of the business must reside in the home. Jj 3. The primary use of the building Is as it full-time residence and most be occupied as such by the ownedoperator of the business. 25 x 10 32XICI 4. Home Occupations most be regbtered with the City and the ownerloperator will sign an agreement to abide by the ordinance. S. Repeated complaints of non•compliaeee are grounds for a search wait a t. 6. Findings of non-tomplisoce are grounds for closure or removal of the business from the premises. The residents of Bolivar Street are extremely disturbed by what has happened in our neighborhood. Unless action is taken, no residential neighborhood is safe from the encroachment of business. Ifa business can ignore the guidelines set forth in the Home Occupation Ordinance, claim to be a Home Occupation, and establish Itself In our neighborhood, it can happen In any neighborhood in our city, including yoursl Members of the City Council, please make it a priority to examine the Home Occupation Ordinance and enhance the language to make enforcement easier. I f> +t .t , 2axICI 32x1 s 1 0 zi:T11[[Y1P , r PETITION We, residents of the Bolivar Street area, respectfully petition the City Council of Denton to enhance the Home Occupation Ordinance to protect the integrity of our neighborhoods. PRINTED NAME SIGNATURE STREET ADDRESS DATE 16 0,11- 2 (r1, 0GC =CSC' ! /jtJUdS r t 9 3 A Icl I 4, w 5 k ' Ob I k yet le, 8 9 00 57 11 a 201 a v~,G 12-'?- t 13 1 r t rg /A A µ d S l9•r~4 tea 1 b / ~ ~r I Z- ' 17 1 ' ~ft 18 ,,,i b 5~ rt.i~l. 1 l9 ` f IH &L yt, e-0 20 t iC 2oS Ae I. 21 22 1<~ l u 23 24 zs - 75 x 32x~❑ ~ rraeaaw ' HOME OCCUPATIONS__ IN DENTON L Occupations cannot require more than e. Barber or beauty drop. one room of resldetsca The purpose of this pemphlet is to provide d, Storage or warehouse used for some guidelines in applying the home A. Occupation cannot be carried on, distribution. Occupation Ordinance individual aan n at ding, In tbeey yard, or inlde a Sign sbop. circumstances. detached ptage or shed. Mat business operations are not considered G On premise merchandising oc"' compatible with and therefore should not be b. An addition cannot be constructed Office .any office that depends on located in residential areas. However, there for the Belt purpose of housing the substantial client traffic to the premif are some businesses or occupations that are home occupation. not Detrimental to the residential environment. These occupations are 3. No on premise or off premise signs are permitted in residential areas by the Zoning permitted. Ordinance as home oceopatlons. i. n ldidonel persons cannot be employed nor can employee come to residence to pEFiNMO OF HOME OCCUPATION take snignments for the day, ANY OCCUPATION OFAcTro YWHICH J. Occupations cannot be detrimental to IS CLEARLY INCIDENTAL AND adjoining property. SECONDARY TO THE USE OF THE PREMISE FOR DWELLING PURPOSES L No disturbing noise that Is audible VIOLATIONS AND IS NOT DETRIMENTAL TO to nelghbor sf ADJOINING PROPERTY, A HOME OCCUPATION MUST BE CARRIED ON b. No noticeable Increase In traffic nor sow vislatloss an of eel a stare (4a IN THE MAIN STTtUCTURE, BY A a consistent number of an parked In penik or very %"or) that k nay sot be RESIDENT Of THE HOME, WITHOUT front of residence. spwilk for the sty stall to *6r* the wi L Ica THE EMPLOYMENT OF ADDITIONAL re t te sreso , ely buff will week bia~ PERSONS, AND Wt[HOtTI THE USE OF C. No objectionable odor or other gultch h she tie more resolve ve the Kobk@L A SIGN TO ADVERTISE, disturbances in the nelghborbood. to The west the asattar eeasot W rseolwl, will he seaeeary for site amplslraN u ilk a o ~i 1, Permit is not needed. It is the 6. Esamples of speclriaty eadudd few ampkiat wish lie ay a tewey to brt.g v responsibility of person with the home occupations, the scan to scut. 71e hwwosl seshlag tie occupation to follow the proslslom of 000061 Willi he "ired to appear L nret is the ordinance w as not to cause a. Carpe Woo electridan's, palntem Too4 eeaeeralag the Vwwka. nulnnce to other A full sale or similar contractor's shops. business operation does not belong and will not be permitted In residential b. Appliance, outom blk of furnitu's ` 26 Y, 0 32 X I❑ 0 I~ f November 24, 1997 D.1. Branham Code Enforcement Officer City of Denton 221 North Elm Street Denton TX 76201 Dear Ms. Branham, Believe it or not, I appreciate the letters informing us of the accumulation of debris nn a couple of our properties on Bolivar Street. It is easy to get accustomed to seeing sucks of building materials and eventually not see them at all. How our neighborhood looks is important to us and we will have the problems cleared this week. Thank you for reminding us. I must admit I feel confusion. There is some irony in the fact that the debris beside our house must be removed within 10 working days (or the city will remove it at our expense), while Weir Appraisals is allowed to continue to operate a business at 1006 Bolivar in a neighborhood zoned 2•F. Per your suggestion, I filed a formal complaint with the courts, While my original complaint to your office dealt with violation of the Home Occupation Ordinance, the actual charge pending against Tommie Weir is a violation of See. 35-77: Use reg uta ion dig ric use of land and build Ono. The hearing has been postponed several times, with the next hearing scheduled on December 3,1997. There are least two city ordinances being violated, if not more. I learned today that a business must either have a Certificate of Occupancy or they must meet the criteria of the Home Occupation Ordinance. Weir Appraisals does not have a Certificate of Occupancy on file with the city, according to your office. There is an ongoing violation of the Home Occupation Ordinance at 1006 Bolivar in the following areas: There is not a resident living in the house at 1006 Bolivar. The identified business locatlon of Weir Appraisals is listed at 1006 Bolivar In the Denton Area Telephone Directory. The identified "resident" of the house was an employee of the business, daughter of the owner of the business, and occasionally spent the night in the house. At that time, the primary use of the house was as a business. However, no one has "lived" there since the beginning of August, 1997 The primary use of the house is as a full scale place of business. The Nome Occupation + pamphlet assures us that a full scale business operation W11 rot be permfited in • • residential neighborhoods. IV it The business occupies more than one room of the house. 7F> ❑ 32XI❑ I L 0 .41 least four additional persons are employed and come to the house to work The following cars have been parked in the driveway on more than one occasion and, during regular business hours, are most frequently parked either In the driveway of the house or in the parking lot behind the Denton Soccer League. Ford Explorer TCT62X Saturn JMW30D Honda CRX BFB33T Integra 548YSR Mazda 626 SWT04H Pontiac GCR59C 97 Mazda MML61 C Saturn YSK46V None of the owners of these vehicles reside at 1606 Bolivar, I respectfully request that the codes be consistently enforced for the well-being of all of us who live on Bolivar Street, and in the city of Denton. Sincerely, Deborah Cosimo 1107 Bolivar Street Denton, TX 76201 X111' i 5 32 x Q 1000 sandpiper Denton, TX 76106 December 14, 1997 The Honorable jack miller mayor city of Denton subjects business property on Bolivar street Y have been a long•timo resident of Denton. My husband, Ernest A. Mall, jr., and 2 always owned and managed property. Brneat war a Board umber of the Denton Savings and Loan from its inception until his death. so t consider myself wry knowledgeable and well awar* of Denton's wonderful heritage. And r place myself at the forefront of those desiring to preserve what should be preserved (my husband, smuel a. Marino, was a umber of the Mot Historic landmark Cawissicn)I while looking to the city of Dentoals future prosperity through forward•lockiag decisions and ordinances. Thus, i do not see the so-called problems at Bolivar street, and x certainly do not approve the solutions being proposed by Barney and Deborah Cosimo. Y like the natural blending of small hang and small f businesses on 212 and Locust. This is what many towns try fo hard to get for their older OLD tCAMN area, The speed bumps are particularly offense to us. As r sea it, Bolivar is a"roly•poly• street anyhow, which in itself slows traffic. Please leave solivar alonel There are numerous cul•de- sees in Denton for any who seek such. ~s sincerely, -14 i Myrtle M. Marino i C ® " 2.6 x d 32 i o I Application Of no Nome Occupation Ordinance ro ffletr Appralsala On August 7, 1997 Deborah Cosimo filed an affidavit of probable cause with Municipal Court No.1 for the City of Denton alleging a violation of the City's Home Occupation Ordinance, The affidavit alleged that Tommle Walker Weir was running a business at 1006 Bolivar called Weir Appraisals. Ms. Weir had approached the neighbors on Bolivar Street with her plan to run the business because the requesting rezoning from the Planning Ind Zoning Commission. Ma, Weir later withdrew her request because she believed that Weir Appraisals would qualify u a home occupation. Only members of the occupants family may be employed by the home occupation. Chapter 33, Section (3) of the Code of Ordinances defines family as persons living in the same household. Ms. Weir and her daughter both work at Weir Appraisals and Ms. Weir does not reside at 1006 Bolivar. Many of the neighbors on Bolivar Street do not believe that Ms. Weir's daughter lives in the residence. To qualify as a home occupation, the residence must be used as a home not just a business and all the employees of the business must reside in the home, Ms. Weir hired John E, Kelsey, a local attorney, to represent her in municipal court. Mr, Kelsey filed a Motion to Dismiss the case alleging that the ordinance was unconstitutionally vague and that the ordinance encouraged arbitrary and erratic arrests or charges, Judge Ramsay denied the Motion to Dismiss based on unconstitutionality. Currently, the case is set for non-jury trisl on March 5, 1998 at 9:00 a.m. rat CawrNOOWMIL)OhWdr AM&O dm 5 32x~a A::r o ,".R. i draft Code Amendment ' Section 35.76. Definitions. Nome occupation means any activity carried out for gain by a resident that results in the manufacture or provision of goods and t or services and is conducted as an accessory use In a dwelling unit In a residential district. Section 35-94. Home Occupations. (a) Purpose. The purpose of this section is to permit the establishment of home occupations that are compatible with the residential districts In which they are located. (b) permit required. Home occupations that meet the standards described herein are allowed In residential districts. A permit Is required for all activities qualifying as home occupations. There Is no fee for the permit. 1. Application. Applicants must submit an application to the Planning and Development Department. Within tei 1(10) working days, the staff will review and notify the applicant of the decision of the department. The decision may be appealed to the Zoning Board of Adjustment within thirty (30) calendar days of the notification If the applicant Is aggrieved. 2. Not transferable. A home occupation permit Issued to one person shall not be transferable to any other person and, the permit shall not be valid at any address other than the one appearing on the permit. 3. Length of permit. All home occupation permits shall be valid for a period of five (6) years from the Initial date of approval. (c) Criteria. All home occupations must meet the following criteria: 1. On-Site ResldencyRsqufremenf. No person other than a family member who resides In the dwelling unit may participate In the home occupation on the premises, unless the home occupation Is the operation of a medical office, professional, administrative, or business office. 2. Non-Resldentlel Employees.. If the home occupation is a medical office, professional, administrative, or business office, one assistant who is not a family member may participate In the home occupation. Participation by the assistant shall be in a subordinate capacity only, Incidental to the conduct of the home occupation - for example, the services of a nurse, receptionist, or clerical assistant In the home occupation of a physician, No more then one assistant may be on the premises at any time. Off-street parking must be provided for that additional person In addition to required parking for the dwelling unit 3, F1oorkee I S49 Restrictions. The total number of home occupations on the premises Is not limited except that the cumulaNe Impact of all home occupations conduction on the promises shall not be greater than the impact of • one home occupation. The total area used for the home occupation shall not exceed twenty-five percent (26%) or 400 square feet (whichever Is less) of the ~Zmo habitable floor area of the dwelling unit, The home occupation shall be . ~ y,.nn 10 . p c-FSCaa conducted entirely within a dwelling unit, or entirely within only one, completely enclosed accessory building (not to include a carport). 4. Signs. The home occupation shall not be advertised by any signs on the premises, other then a nameplate; which sign shall be attached to the dwelling unit, not be il►uminatod and shall not be mora than two (2) square feet In area. The street address of the home occupation shall not be advertised through signs, billboards, television, radio or newspapers. 6. Impact on Residential Character. The residentlal character of the lot and dwelling shall be maintalned. (1) Neither the Interior nor exterior of the dwelling shall be structurally altered so as to require compliance with non•residentlel building codes to accommodate the home occupation unless the alteration is necessary to comply with an accessibility law. (11) Alterations shall not be made to the Interior of the dwelling that would render it undesirable for residential use. (iii) No additional bulldings shall be added on the property to accommodate the home occupation. Qv) No additional or separate exterior entrance that will cause a net Increase In the number of entrances shall be constructed for the purpose of conducting the home occupation. (v) No mechanical equipment shall be used except such as may be used for purely domestic or household purposes. 6. • Storage Facilities, No outdoor storage of materials, goods, supplies, or equipment shall be allowed. 7. VisttingClients /Dative ries. (1) No more than three (3) clients shall, at any one time, avall themselves to a product and/or service provided by a home occupation nor shall more than six (6) clients avail themselves to a product and/or service during a twenty-four (24) hour period, (II) No vehicular traffic substantially greaterthan normal In adjacent residential area is permitted. 8. Hours of Operation, (1) No clients of a home occupation shall be permitted between the hours of nlne o'clock (9;00) p.m, and seven o'clock (7:00) a.m. (11) Deliveries of bulk material to a home occupation other than by mall, • local courler, or Intercity courier pertaln►ng to the home occupation shall not occur more than once a week and shall be limited to the hours between eight o'clock (8:00) a.m. and five o'clock (6:00) p.m. Monday through Friday, Traffic circulation shall not be restricted ordleturbed as a result of a delivery to a home occupation. •a. 9, Parking Requirements. No vehicle used In connection with the home occupation that requires a commercial drlvees license to operate shall be parked tl f on the premises or on any street adjacent to the residentially zoned property, ~5 K ❑ 32 X I O s .r.rw. 10. Retail Sales. Merchandtse shall not be offered or displayed for sae on the made b sa hone or at a tsales sa I may filled on the and orders previouafy y teeP p" Y Premises 11. Nuisances. No toxic, explosive, flammable, combustible, corrosive, radioactive, or other hazardous materiel shall be used or stored on the she for business purposes. The home occupation shell produce no detectable fumes, odors, dust, heat, noise, vibration, glare, slectro-magnetic field, electrical interference, or other effects off the premises, Including transmittal through vertical or horizontal party walls. 12, Licences. Al home occupations shall register as a business with the City Finance Office and shall pay applicable business taxes. 32x~n' SX10 o EXISTING ZONING CODE Where allowed (Section 35.77). Home Occupations are allowed as a use by right in all zone districts, exceptthe parking district and outdoor amusement and recreation district. Current Doflnitlon (Section 35.76). Home Occupation means any occupation or activity which is clearly Incidental and secondary to the use of the premises for dwelling purposes and Is not detrimental to the enjoyment of adjoining property. A home occupation Is an occupation carried on in the main structure by a member f. f the occupant's family without the employment of additional persons and without the use of a sign to advertise. A home occupation specifically excludes the operation of a carpenter's, electrician's or a painter's shop or similar contractor's shop; an appliance, automobile or furniture repair shop or similar repair shop; a barbershop or beauty shop; a storage or distribution warehouse; a sign shop and any form of on-premises merchandising activity. A home occupation also excludes a doctors office or elmllar office that depends upon substantial client traffic to the premises. Summary Characteristics: D Secondary to use as dwelling. D Not detrimental to adjoining property. Attributes; D In the main structure. Y By a member of the occupant's family. Y No additional employees. D No signs. YES hops that feature a construction trddo. • Y Repair shops. Y Hair care shops. Y Storage or warehouses. D Wholesale or retail trade, Y Sign shops. Offices that have substantial client traffo. ! r 10 32XIO WAKO 1997 Draft Zoning Ordinance Definition. Home Occupation means any occupation of activty which is clearly Incidental and secondary to the use of the premises for dwelling purposes and is not detrimental to the enjoyment of adjoining property. A home occupation is an occupation carried on in the main structure, by a member of the occupant's family without the employment of addIllonal persons. and without the use of a sign to advertise. This use also allows forFamily Nome Day Care which provides care on less than 24-hour beats for 8 children or less under the ape of 14 years, excluding the carefsker'a own children. A home occupation specifically excludes the operation of a carpenter's, electriclon`s or a painter's shop or similar oontractor's shop; an appliance, automobile or furniture repair shop or elm7ar repair shop; a barbershop or beauty shop; a storage or distribution warehouse; a sign shop and any form of on-promises merchandising activity. A home occupation also excludes a doctor's office or similar office that depends upon substantial client traffic to the premises. Summary ~hareciedstica: > Secondary to use es dwelling. > Not detrimental to adjoining property. Armes; > In the maln structure. > By a member of the oocupent's famlly > No additional employees. > No signs, Included: > Small child day care. Shops that feature a construction trade. > Repair shops. r4 > Hair care shops. > Storage or warehouses. ' > Wholesale or retail trade, > Sign shops. > Offlces that have substantial client traffic. I i 1 saw i 9YQfi47 4 APA Unified Development Ordinance i Definition Nome Occupation. A commercial activity that (1) is conducted by a person on the some lot (In a reskientlel district) where such person resides, and (2) Is not so Insubstantial or incidental or Is not so commonly associated with the residential use as to be regarded as an 8cce63ory use , (see section 160), but that can be conducted without any significantly adverse Impact on the surrounding neighborhood. Without limiting the aanerelity of the foregoing, a use may not be regarded as having an Insignificantly adverse Impact on the surrounding neighborhood if; (1) goods, stock In trade, or other commodities are displayed, (2) any on-premises retail sales occur, (3) more then one person not a resident on the premises Is employed In connection with the purported home occupation, (4) it creates objectionable noise, fumes, odor, dust or electrical Interference, or (6) more than 26 percent of the total gross floor area of residential building, Pius other buildings housing the purported home occupation, or more then 600 square feet of gross floor area (whichever is less), Is used for home occupation purposes, k The following Is a nonexhoustlve Ilst of examples of enterprises that may be home occupations If they meet the foregoing definitional criteria; (1) the office or studio of a physician, dentist, artist, muslcian, lawyer, archlteci, engineer, teacher, or similar professional, (2) workshops, greenhouses, or kilns, (3) dressmaking or hairdressing studios. Summary Characteristlcs: > Not an accessory use to a residence, > Conducted without any significantly adverse Impact on the surrounding neighborhood. ARributes: >Com4ucted by a person on the some lot where the person lives. > One additional employeo allowed. > Less than 26% of floor eras or 600 square feet, whichever Is less. > No objectionable noise, fumes, odor, dust or electrical Interference. nolude • > office or studio of a physician, dentist, artist, muslclon, lawyer, archktact, englneer, leacher, or simllar professional. > Workshops, greenhouses, or kilns. > Dressmaking or halydressing studios. Fxcluded >play of goods, stock in trade, or other oommodlties. ' • > No on-premises retail sales occur. 3 Iii R ❑ 32XIQ e a l i Issues With Current Denton Code Reside The rrrent code allows a member of the occupant's famny to conduct a home occupation on the promisee. Most occupation definitions limit the oonduct of a hone occupation to the resident of the premises. Some oodes allow one or two additional employees. ' TTh euIs no permit required to oonduct a home occupation, Many home oooupatlon oodes require a permit and fees, TThe a are specific uses which are Included or excluded as potential home occupatons. Many home occupation codes do not Include or exclude specific land uses, rather they create performance standards by which home occupations must abide; of they exclude certain types I I of business behavior, such as the display and sale of retail goods, or the use of delivery vehicles. i 4 10 82013 1 0 1 Typical Ordinance Elements 1. Purpose 2. Definition 3. Applicability 4. License / Permit S. Feet I 6. Standards / Criteria (lo demonstrate Incldental and secondary ' use) a. On-Site RetWency Requirement b. Non•Realdential Employees c. Floor Area / Size RestriAlons d. Signs e. Impact on Residential Character f. Storage Facilitles g. Visiting Clients / Deliveries h. Hours of Operation 1. Parking Requirements Retell Sales k, Nuisances e I a 25 .K © 32 x t O o Possible Code Language Purpose To allow appropriate, customary, accessory uses of property by people who wish to work at home, while preserving neighborhood character. Definition dome occupation means any activity carried out for gain by a resident, which results In the manufacture or provision of goods and/or services and is conducted as an accessory use In a dwelling unit. [Plano] Applicability Incidental and Secondary to Primary Use Intensity of the use Nature of the activities License I Permit I Fees Typical Standards I Criteria to demonstrate Incidental and secondary use On-Site Resldency Requirement Plano, TX Must be a resident Austin,TX Must be a resident Madison, WI: Member of the Immediate family residing on the premises Evanston, IL Must be a resident Non•Resldentlal Employees Plano, TX: One, other then occupants of the residence Austin, TX: One, if use is for medical, professional, sdnanlstratlvs or business use Madison, WI: None, unless authorized by YBOA Evanston, IL: Minor none; Major: two Floor Area / Size Restrictions Plano, TX: 20% of the total floor area of the dwelling, excluding garage area Austin, TX: None Madison, WI: 26% of the floor area of one story of the dwelling • Evanston, iL, Minor: 16% of floor area; h'l ajoe 26% of floor area Signs Plano, TX: None, and no vehicles with signs within 30 feet of curb j Austin, TX: None, and no advertising of address Madison, WI: Nameplate only, no more than two square feet i Evanston, IL: None • 401 e I 25 10 32JO 1 0 k , Impact on Residential Character Plano, TX: No building alterations Austin, TX: No Interior or exterior alteration, expect to comply with sooessiblity law Madison, WI: No interior or exterior alteration Evanston, IL: No alteration of extedor appearance Storage Facilities Plano, TX: No outdoor storage, no use of accessory buildings Austin, TX: No vislole storage, no additional accessory buildings Madison, WI: No evidence of business, no use of accessory buildings Evanston, IL: No outdoor storage Visiting Clients 1 Deliveries Piano, TX: No more then normal residential traffic Austin, TX: No more then 3 trips per day Madison, WI: NA Evanston, IL: Minor: no more then 3 clients at once/6 total; Major: 6112 Hours of Operatlon Piano, TX: NA Austin, TX: NA Madison, WI: NA Evanston, IL: No c0eme between 6:00pm end 7.00 em: no denverles between b:00p n end 9,N em Parking Requirements Plano, TX: Any parking need must be met off-street or along street frontage Austin, TX: No commercial vehicle shall be parked on site or on adjacent street Madison, WI: NA Evanston, IL: No elgnifloant Increase In parking needs Retail Sales Plano, TX: Not allowed Austln, TX: Not allowed Madison, W1: Not allowed Evanston, IL: Not allowed Nuisances (noise, vibration, smoke, electrical Interference, dirt, odors, heat, glare, fumes, run-off) Plano, TX: Shall not be produced r Austin, TX: Shall not be produced Madison, WI: No mechanical equipment Is allowed, exceplfor household purposes Evanston, IL: Shall not be generated ,r i ~ r • r I 10 32XI❑ 0 I I draft Code Amendment Section 35.78. Definitlons. Nome occupation means any activity carried out for gain by a resident that results In the manufacture or provision of goods and I or services and Is conducted as an accessory use in a dwelling unit In a residential district. Section 35.94, Home Occupations, (a) Purpose, The purpose of thls section Is to permit the establishment of home occupations that are compatible with the residential districts In which they are located. (b) Permit regujred, Home occupations that meet the slandard3 described herein are allowed In residential districts. A permit Is required for all activities qualifying as home occupations. There is no fee for the permit 1, Application. Applicants must submit an application to the Planning and Development Department. Within ten (10) working days, the staff will review and notify the applicant of the decision of the department. The decision may be appealed to the Zoning Board of Adjustment within thirty (30) calendar days of the notification If the applicant Is aggrieved. 2. Not transferable. A home occupation permit Issued to one person shall not be transferable to any other person and, the permit shall not be valid at any address other than the one appearing on the permit, 3. Length ofpormif. AN home occupation permits shall be valid for a period of five (5) years from the Initial date of approval, (c) Qd&A. All home occupations must meet the following criterla; 1, On-Site Residency Requirement. No person other then a family member who resides In the dwelling unit may participate In the home occupation on the premises, unless the home occupation Is the operation of a medical office, professional, adminlstratlve, or business offloe. 2. Non•Resldenital Employees.. If the home occupation Is a medical office, professional, administrative, or business office, one assistant who Is not a family * member may participate In the home occupation. Participation by the assistant shall be in a subordinate capacity only, Incidental to the conduct of the home • occupalion - for example, the services of a nurse, receptionist, or cladcal assistant In the home occupation of a physician. No more than one assistant maybe on the premises stony time OH-street parking must be provided for that additional person In addition to required parking for the.dweUing unit, 3, Floor Area /Sire Restrlclions. The total number of home occupations on the premises Is not limited except that the cumulative Impact of all home occupations conduction on the premises shall not be greater than the Impact of one home occuppatlon. The total area used for the home occupation shall not exceed twenty-five percent (26%) or 400 square feet (whichever Is less) of the habitable floor area of the dwelling unit. The home occupation shall be 8 7 In 32X In. o conducted entirely within a dwelling unit, or entirely within only one, completely enclosed accessory building (not to Include a carport). 4. Signs. The home occupation shall not be advertised by any signs on the premises, other than a nameplate; which sign shall be attached to the dwelling unit, not be Illuminated and shall not be more then two (2) square feet in area. The street address of tho home occupation shall not be advertised through signs, , billboards, television, radio or newspapers. 6. Impact on Residential Character. The residential character of the lot and dw.-. ^g shall be maintained. (1) Neither the Interior nor exterior of the dwelling shall be structurally altered so as to require compliance with non-residentlal building codes to accommodate the home occupation unless the alteration is necessary to comply with an accessibility law. (11) Alteretions shall not be made to the Interior of the dwelling that would render it undesirable for residential use. (Ili) No additional buildings shall be added on the property to accommodate the home occupation. (Iv) No additional or separate exterior entrance that will cause a net Increase In the number of entrances shall be constructed for the purpose of conducting the home occupation. (v) No mechanical equipment shall be used except such as may be used for purely domestic or household purposes. S. Storage Facilities. No outdoor storage of materials, goods, supplies, or equipment shall be allowed. 7. Visiting Clients / Deliveries. (1) No more than three (3) clients shall, at any one time, avail themselves to a product and/or service provided by a home occupation nor shall more than six (0) clients avail themselves to a product and/or service during a twenty-four (24) hour period. (11) No vehicular traffic substantially greater than normal In adjacent residential area Is permitted. 8. Hours of Operation. (1) No clients of a home occupation shall be permitted betwo • n the hours of nine o'clock (9.00) p,m. and seven o'clock (7;00) a.m. (ii) Deliveries of bulk material to a home occupation other than by mall, local courier, or inter-city courier partaining to the home occupation shall not occur more than once a week and shall be limited to the hours between eight o'clock (8:00) a.m. and five o'clock (6:00) p.m. Monday through Friday, Trafflo circulation shall not be restricted or disturbed as a result of a delivery to a home occupation. 9. Parking Requirements. No vehicle used In connection with the home occupation that requires a oomrnercial drivers license to operate shall be parked on the promises or on any street adjacent to the residentially zoned property. 0 Y , EJ 32X • i c O ' t ID. Retell Sales, Merchandise shall not be offered or displayed for sale on the premises, Sales Incidental to a service shell be allowed; and orders previously made by telephone or at a sales party may be filled on the premises, 11. Nuisances. No toxic, explosive, flarrvnable, combustible, corrosive, radioactive, or other hazardous material shall be used or stored on the site for business purposes. The home occupation shall produce no detectable fumes, odors, dust, heat, noise, vibration, glare, electro-magnetic field, electriccal Interference, or other effects off the premises, Including transmittal through vertlcal or horizontal party wells. 12, Licences, NI home occupations shall register as a business with the City Finance Offics and shall pay applicable business taxes, I f n 1 I 1 . ' J 10 I~ 25 x I0 32XIO 0 City Council Back-up r Home Occupations ■ APA Material ✓ PAS Memo, January 1984 ✓ Zoning News, December 1991 ✓ Zoning News, January 1998 ✓ Menning, June 1993 News Views, April 1997 ■ Other Material ✓ Chaddlek Institute Study, September 1997 ✓ Camlros Memorandum, February 1987 ✓ Planning Commissioners Journal, Fall 1993 ■ Model Ordinances ✓ Ames, Iowa ✓ Austin, Texas ✓ Evanston, Illinois ✓ Lake Forest, Illinois ✓ Madison, Wlsoonaln Morgantown, west "rglnla ✓ Oldsmar, Florida 1 ✓ piano, Texas Planning and Development Department 221 N. Elm Street Denton, TX 76201 • (940) 3404350 February, 1998 I 25 k I0 32X~d tea.. ' . u • I A pubtlcatton lot aubserlbers to the APA Plsnning Advisory Service r mosommmm~ January 1934 1.94 This u+icle discusses the Inadequaty of many eristins municipal home occupation ordinances and ves reason l performance Standards why a new approach should b adopted. a usual or. for Home occupations dinances retuLte home occupations through a `eneral definition of home occupation and often include lists of By Frederick N. Allen ill permitted or prohibited home occupations, or both. Other types of ordinances simply permit "customary" home occupations, w4houl any examples. This article it a reprint from "A New Approach to Ealstlnl ordinances that contain lists maydiscriminate Nome Work," New Farley Municipalities. November by permitti historically accepted professionals, such is 1961, P A$ would hkr to thank the New feriey Loop doctors and lawyers to work at iomt, while prohibiting of Municipalities for granting the right to reprint the new types of professionals like marrlage counselors, artictepsychologists, planners, etc., front doing so. Slunicipai- As the economy continues to evolve from manufae• ities that make such distinctions Mould find it difficult to prove that this uneegqnai treatment Li not arbitrary and luring to accumulating and exchan=ins information and tapriclous and, thetiefore, unconstitutlonal. Other or. services, a trend Accelerated by the continuint advances dinances appear to be so value as to be unenforceable, in computer technology and telecommunkations net- For instance, what exactly are "customs, ry" uuel works, the impact will increasinsly be felt outside fac• In 1936, a New Jersey court found SO different catt- tortes and office buildings-In local municipalities. Ad- gorlesof home occupations regularedby statestatule. The ditional workers, enabled by technolo`y to work at court was called on to rule on whether or not a beauty home, will undoubtedly choose todo to for the obvious parlor would be permitted as a home occupation by 4:1 reasons that working at home is- Is commulint Costs, ordinance that allowed Incidental home occupationscon• eliminates office rental. Increases overall convenience, ducted solelyby residential occupants. Curiously, theor- permits mothers with young children the opportunity to dinance made no reference to the "customary" uses Ab- work while raising their own children. An so forth, sent such limhatlon, the court permitted the Ulf of the beauty parlor. The court exprewd its puaafement ever Frederick Allen is the plannin board attorney for what limitation would have been implied had the lan• Delaware Township and Hopewell Borough, Newfeney, judo "Customary" been used, which is the language so often contained in home rccupation ordinances i µ ~ . w. Ali o j 1 1 Am^.1..rt~l•-.1 •r~rr wr.l AI AL1...- II!/1l~1yr7e~~datetre4~ 75 A 0 M lei Occupation Ordinance A home occupation is that accessory use of a dwelling S. Tutoring, limited tolour students at a time; that shall constitute either entirely or partly the -4 6, Home cooking And preserving; ' ! r livelihood of a person living In the dwelling, subject to the following: 7. Computer programming. A. No home occupation shall be permitted that: C. The following are prohibited as home occupations: 1 Changes the outside appearance of the 1, Barber shops and beauty parlors; dwelling or is visible from the street; 2 Animal hospitals: 2. Ceneritef traffic, parking, sewer yt or water 3. Dancing audios; use in exceis el what Is normal in the residen- tial neighborhood; 4. Mortuaries; 3. Creates a hazard to person of property. 3, Nursery schools; results In electrical interference, or becomes 6. Private clubs: A nuisance; 7. Repair shops; 4. Results In outside storage or display of anything, 6, Restaurants: 8. The following are permitted home occupations 9. Stables of kennels provided they do not violate any of the provisions 10, Tourist homes; of the previous paragraph; L Dressmaking, sewing, and talloring; D. 11, Automobile o repair or paint shops, Any proposed home xcupation that is neither 2. fainting sculpturing, or writing; specifically permitted by paragraph B not 3. 1 elephant answering: specifically prohibited by paragray'h C shall be ` considered a conditional) use and be granted or r 4. Home crafts, such as model making, rug denied by theplanningboard upon consideration weaving, lapidary work, And Sabine makleg; of those standards contained In paragraph A. Significantly, the court said that, since legislative power Standards would protect the health, safety, and welfmi is exercised by the municipality through ordinances, the of neighbors by prohibiting those, Aspects of home occu• municipality Cannot expect the court Io write a better or patlons to which residents would object-undeilrable ex- different ordinance when existing ordinances prove am- terior changes; Increased traffic, parkin`, and sewerage biguous or Incomplete. Courts in various states have ruled and water use; hazardousconditlons Including electrical that the following are customary, while othercourts have Interfertnca and nuisances; and outside storage, prohibited them it not customarybarber shops board Because home occupAtiotte Are A particular type of ac- ing house and rooming houses, dental offices, rest estate cessory use, subordinate to the principal residential use 1 Agencies, and der} re centers. New Jersey courts have of the dwelling, municipalities may prohibit them ruled on some of inese but not on othels. The point is altogether, Here in New Jersey, at least one court has per- that ordinances that permit "customary" usesdo htileex- milted a municipality to prohlbit any home occupation cept set the scent for a law suit to cittermine whether a At All, However, It seems likely that, considering the In- particular use Is customary or not, creasing economic need lot the use of one's home for There must be a better way, 'chat better way is to work, completely prohibiting home occupations in the regulate by standards instead of by def Wtlon. Aside from future may result In an Improper tsklng of property escaping the previously mentioned problems inherent In without felt compensation, dtflnitiors, a municipality regulaungi by standards tetalm A proposed model ordinance Is included In this blue control when a home occupation, otherwise allowed by of the PASMemo. (gee bolt.) The author acknowledges definition, grows to the point of becoming a nuisance. H resource materiel varfoas muNclpal home occupation rhelAlM~+~e~an~enawlrl+blketienterrultirriMnt•0@MwL jAI.It" C4s~ryi~I9104srAnwrkwPAMtn4AroelaNeA,91116Mli, w Sankt. a tublenrllee uranh atilt et 04 A+MMen /jinni Asiseu~wn It x8611 The MwAnn TknNrd Areeuiwt hit liod 6n6n eHww n tn~ J load Sutln,an. Gr.uviLDuwta (rug t Se. M" rAwaew OLMdat Dwld M&Wdwtw Are, N, W., WaduWeA DC ON A Mersa DvmrerN muehAMrONWnWNeautetdurlvllie6deaeuybetWodutldVedlilldin Wms if ndaiAlA Sylvialavto, lKananDv«fetCnpty neyerdnLorlwyMy WM1160Nxy MAMMdwdiyMM,,withe~win ' tanahim, Sduet . A64 Adele RatMh!t Ntuunt 1didi in orUUij Irene dw ATenean Plo" Allen+il0. x 32 x e 0 --k.Yx7ti9,1iordinances, provided by the New rersey State League of Home Occupations: MuniC'pAlitte%' as well as APA's excellent monograph A Legal Bibliography Planning for Home Occupations." WAS Report No. 316: copies of this report can be borrowed from APA By Gregory Longhini by PAS subscribers or purchased from APA's Planners Bookstore.t Any sensitivesoningquestion naturally involves legal btunicipalities could further their control by estab• issues. Home occupations are no exception. local govem- lashing a provision in the ordinance allowing conditional merits and the courts have been wrestling with this issue i use approval for all home occupations not specifically for years. The basic planning legal treatises-Rohan, prohibited nor speciFic:tly permitted, provided such occu• Anderson. and Williams-are good sources for legal in- pations did not v I o I a t t ariy performance standards This formation on home occupation laws andeourt decisions. would save the municipal boards from having to deal Of course, these treatises are secondary sources, not with innumerable Innocuous home occupations by definitive analyses of the topic. They will make the plan- specifically permitting certain ones falling within the net aware of thelegal issues Involved in regulating home general category of those universally accepted Likewise, occupations. A thorough study of relevant statutes and the municipality could save itself From having to deal with case law requires competent, legal research by a qualified those undesirable home occupations benerally considered attorney. For access to these volumes, which are expen• Incompatible with residential neighborhoods. live. please contact your local law school, county law The municipal planning board--tht agency empowered library. or other private law firm. to grant conditional uses-could be given responsibility to review all home occupations that are neither specifical• Zoning and Land-Use Controls. 8 vols. Patrick 1. Rohan. ly permitted nor specifically prohibited. These homeoC• Matthew Bender and Co., 233 E. 45th St„ New Yorkt cupatfons then would be permitted upon demonstration NY 10017. Supplements published annually. + by the applicant that the performance standards would The appropriate section is volume 6, section 40.03 be met, Thds procedure could be adopted easily enough "Horne occupations: Professional Offices." pp. 40-94 by simply amending the conditional use portion of tht to 40-99 of the original volume, and pp. 29 to It of roving ordinance to include as a conditional use all home the August 1983 Cumulative supplement, occupations that do not fall Into either category. This articular treatise is a much shorter description Regulating by conditional use would also allow the plan- P ping board to monitor neighborhood changes, collect ap- of She basic Issues in the development of home occup$- plication fees. and impose reasonable conditions upon tion case law. What is found, however, are very ex- granting of the conditional use. hhete there Is a pre. tensivefootnotes highlighting theopinions orvarious existing. primary commercial use, however, any expan. court decisions throughout the country. sion would require the granting of a use variance by the Rohan's analysis dots point to the Importance of board of adjustment, rather than a conditional use JP- regulating home occupations by standards rather than proval of a home occupation, by classdiation. His final sentence in the section reads The suggested model home occupation ordinance, °In many uses, determinatior Whether a proposed use then. would be as follows: a general definition of home may becondueted in a dwelling will turn on the nature occupations, a list of permitted home occupations, a list and extent of the particular professional operation of prohibited home occupations, a series of performance rather than its classification" standards, and a provision givingcondmonal use review of those home occupations that are not listed as permitted American Low of Zoning. 2nd edition. 3 vols. Robes M. or prohibited. Anderson, Lawyers Cooperative Publishing CO., This approach allows the municipality to regulate all Rochester, NY 14603. 1976. Supplements published I home occupations that have an adverse impact on the annually. w residential nriithborhood, Those home occupations that have no advcrie impact should be permitted by Mini- The relevant section is Chapter 13, "Home Ocapa- tion to avoid swamping the planning bond with un• lions," volume 2, pages $07 to 314 of the bound necessary applications. Conversely, home occupations volume plus pages 133 to 160 of the most recent that are notoriously Incompatible with residential cumulative supplement, issued In August 1983, neighborhoods are occluded. What remains then H for After a brief Introduction to the historical regulation plat riln{ boards, through conditional use review, to Cori- of home occupations within toning ordinances, Andet- • sider those proposed home occupulons that are neither son analyst% specific occupations and how the courts historically acceptable nor Incompatible The focus of the have viewed them, Amon some of the home ocCUpa. ffl planning board's Inquiry would be on whether or not the tions discussed are those of doctors, en{ineers, utisu, proposed home occupation satisfied the performance dressmakers, deficits, and insurance agents. standards, not on some arbitrary list of permitted home Also discussed are some of the standards used I's occupations or some vagu^ eonetpt such a+ permitting restrict home occu aiksnst residency In the bulgding, customary" home occupations. Municipalities would be p well advised to change their obsolete home occupation number of employee, the use of Mechanical equip ordinince+to anticipate the incresing number of persons merit bn« and trade, ext rlortevidence of home ax• who will choose to ss ork from their home, cuPat J 1 10 3 2x a rtt4os~ S ~yl 1 50 American Planning Low; Land Use and the Police Power. This presentation examines the downtown revitahza• 5 vols. Norman Williams. It. Callaghan and Com• tlon phenomenon In smaller cititt and towns. A pany, 6141 N. Cicero Ave„ Chicago. 1, 60646. presentation of the National Trust for Historic Preser- The pertinent section is volume 3. Part 8. Residential vation. the Film focuses on such issues as the image Zoning. Chapter 74, "Accessory Uses and Home Oc• of downtown. hidden profits In older buildings, public cupations," pages 395 to 499 of the original bound improvements and private actions. recruiting new volume, pages 276 to 297 of the October 1963 businesses, and parking. The film is intended to pro• cumulative supplement. volke discussion and action in older downtowns. The Williams treatise is the most comprehensive of 'Working Places' them all. He distinguishes home occupations as they 16mm, color, 23 min., 1977 are found In different settings: historic districts, low- Income urban areas, and modern suburban develop- This is a documentary of the many benefits of presen• Industrial documentary through adaptive use. m- Ex- ment. Basic zoning enabling acts and constitutional iang inmplerdusInclt;de tria structures the Piano Factory use. in issues like due process and equal protection are ana• Massachusetts. now an apartment house lyzed. Like Anderson. Williams has separate sections Boston, , Msre h Salt Lake City-old trolley barns on specific occupations and how the courts have convertedtoashopping center: andtheformer Quaker view ed them. Silos in Akron. Ohio, now an apartment complex. The Film was produced by the Society for Industrial Audio-Visual Materials Archeology. Planner are always asking For films and slide shows Slide/Tape Programs examining planning Issues. Unfortunately, few good "Built to Last: Reusing Old Buildings" materials are to be found. One good source, however, Slide/tape, color, 20 min., 1978 is the Preservation League of New York State. They rent This program features a variety of Imaginatively a variety of films and slide shows on historic preserva• recycled old buildings, Using "before," "during," and tion and related planning issues. ''after" illustrations of reuse projects that have been ' For a complete listing of available films and slide completed, the program demonstrates the historic and shows, along with a basic description of rental conditions aesthetic benefits of preserving community landmarks. and price, write for a Film List from the Preservation The presentation focuses on the social and economic league of New York State, 307 Hamilton St„ Albany. advantages of rehabilitation and reuse. NY 12210. 518-462-5658, Following are some specific films and slide tape pro- "Preservation and Urban Revitalization" grams available from the League: Slide/tapt, color, 20 min„ 1979 Films This presentation documents the social and economic Fatal Beauty" bereRts of historic preservation in four successfully "A "A Fat color, 20 min., 1982 rehabilitated historic districts, Including Improvements in physical appearanct; Increases In property values. Farmland preservation, changing rural life styles, tax revenues, retail sales and Investments; and heritage conservation, recreation and open space, new decreases in crime. Produced by the Advisory Coun• forms of agriculture, civic amenities, suburban plan. cif on Historic Preservation, ping and development-these are some of the issues r explored in this him set in the Potomac Piedmont. 11 ins for Main Street; Messages and Images" Although Maryland is the laboratory for the film's ex. Sh t/tape, color, 11 ruin., 1982 ploratlons, many of the problems and solutions have Signs and rapphie$ art an Important art of the nationwide applicability. Produced for Sugarloaf downtown landscape. In Addition to giving Informs- Reaaional Trails by Frederick Gutheim and Robert tion, they add to the visual variety and/or clutter of Cole. Main Street. Thli presentation often nontechnical ex• emples of effective sign placement and creative sign "Main Street" designs, It was produced by the National Trust's Main 16mm, color, 29 min., 1979 Street Center with consultant Norman M. Mints. to 25x!0 32x10 s 0 OECEMSEP 1+11 AAMEESSOCfCAN PLANN ASSOCIATION i M1V1jVc:PVews INO When Home Is Definitions and Permits Where the Business IS Piano. Texas, defines t home occupation as "any activity carried out for gain by t resident which results in the manufac- Before the industrial Revoluoon, it was rnmmon to work in turf or provision of goods tndlor services and is conducted as one's home, and most neighborhoods were rnixed•use dis• an Accessory use In t dwelling unit" The Mount Prospect. rricts. Times have changed since Renaissance trAsans made Illinois, ordinance says. "A home occupation may include a shoes on the first floor and ate and slept in the back or upstairs. for•profil home business or It home office for a resident who The old practice of traveling t few feel to work. however, Is not may wof. for another employer. or contract or consult with popularity. Office workers are another company or Individual." The term "cottage industry" only using still but gaining of traffic is oaasionally used, but can be confusing since it hnplies personal ivenai computers in and modems to stay ou a s and the terprise than most home occupations. jam early morning scrambit for breakfast and bigger en clean socks. mornii are still at home sewing and Some municipalities Control home occupations by requiring repairing clothing, baking bread, or building per~ miis velfor occupat Cans w ih no t urnIp indications that cabinets. Even traveling salespeople may pt use their homes to set up appointments the building is more than a home. Class 2 permits cover books. service businesses with external indicators such as slims or and update te their producing from marked delivery vans. Class 7 permits cover family day care dens and basements can help Centers. People who want a class 1 permit merely register with to 1014 some knotty land-use the city. but other permits require to approval process. problems. For instance. they are The Schaumburg, Illinois, ordinance requires a special staying off the highw ays during permit only when that will be more than one home peak hours, contributing to neither occupation on the site, or if the business involves food traffic tie-ups nor auto pollution. handling or the core and treatment of humans or instead. they boost the daytime animals The `led aearl r f t ces ft all home occupa-nct population in areas that might need a fea lions be inspe y Y P more eyes on the streets. Finally, home j workers often provide services. such as day Lists 1'tnus Standards care or dental care. that neighbors may be ijkll ntended toc s restricting from occapationl nui,re glad to hate nearby. sanees. This is not easy because different Drawbacks Occupations become nuisances in different But home occupuriuns create problems. ways, Some generate noise and no traffic, others generate w0 c"ne generate a steady flow of traffic, traffic and noise but no fumes, and others are a problem causing parking oblems and endangering only occasionally. The toning administrator must write an children play ing in the area If too many home ordinance that protects the neighborhood while being businesses rcqui resigns, or if pmprletun score flexible err ugh to allow t myriad of appropriate home goods outdmrs, the area's residential nature may uses. S change it, that of a commercial or transitional For years. toning fiamstrot peers usedrmitted octhe laundry Ijst rune. An operation that began as an asset to the approach . Zoning codes w notns- neightwrhood could outgrow its space before the writing, typing, arld selling Inssurance-and those e not owner realizes it, For instance, expansion of a permitted-repairing autos, practicing medicine, or running neighborhood catering service could mean more a bed and breakfast. With the advances of technology and the delis try trucks. parking spaces for clients and unlimited ima;inations of those who want to work at home, employees. and extra derrandson the utility system this method no longer works. Ordinances now set standards Local gotemmenn may ilsobe conceme6 about describing how large a business Maybe and how it will r losing tax dollars because property in commercial affect the neighborhood. Ordinances that combine both O e districts is taxed at a higher rate than that in residential methods at` hey a err ata baed likely to fill stve,tl Occupations areas. This raises the question of fuimess to other that elearl have little or no impact. These merchants and business owners In the community. An y ow net w ho does not have to pay extra enl or property might include tole hone sates, free. o% has Jim advantage over competitors in t commercial linee writing, of dau entry. Another district. In Canada, us laws allow local gover^ments to tax list mlgM cover problem rxeuitteQ the portion of t houu devoted to a business st t higher rate lions, (hose Ihtl wl ll not be pre 11 under any circumstances. This could than the rest of the building vin 0 Include beauty parlors, dance studios, or mortuaries, may be considered a We. and Avon salespersons are also In the business of selling. But the home should not become the Standards local branch of the nearest department store. Piano solves this Ideally, an ordinance should be flexible enough to let an by barring the display of merchandise on the premises but owner Incubate a small business, but ram enough to push a allowing incidental sales. The guitar teacher may sell a full-fledged enterprise into a neighborhood commercial zone. workbook to a student, but she cannot open a musk store. One way to do this is to limit the percentage of space lit the Plano also lets a business owner till telephone orders and give home that can be dedicated to a business. While this customers Tupperware ordered at a party. Schaumburg maxlmum is usually 25 percent, Plano. Texas, allows 20 permits the We of goods produced on the premises. percent, and Fairview Heights, Illinois, allows 2S percent up Zoning ordinances generally cover trucks, both those to 3oO square feet of floor space, owned by the home business proprietor and delivery ve- William Toner, in Planning jor Home Occupations (PAS hicles, Schaumburg Is vehement In restricting deliveries: Report No. 316). points out that this limit on floor space can 'There shall be no commodities sold or services tendered cause problems. For Instance, children at a family day care that require receipt or delivery of merchandise, goods, or center will probably be permitted in most of the house, and equipment by other than a passenger motor vehicle or by professionals might want to hold group meetings that take up a parcel of letter carrier mail service using vehicles typically lot of space. In his report. Toner suggests ways of developing employed in residential deliveries. No deliveries by temi• a time-space ratio. This could be hard to administer, however. tractor/trailer trucks are permitted." Thus, it may be better for the zoning administrator to recog- Plano prohibits trucks with business signs from being nize the ordinance's purpose and make reasonable excepdons. parked on the street or within 30 feet of the curb. Eau Claire Another common limit is on the amount and type o[ says that business vehicles cannot be bigger than a pickup business related material that may be stored. The home is riot and must be parked off the street. to be a warehouse, and neither the residents not the Schaumburg and Plano require that parking needs be neighbors should be exposed to the dangers of hazardous, accommodated with off-street spaces or along the front of the flammable, or explosive material. Mount Prospect allows a lot with the home occupation. These ordinances also specify home business owner to store up to 100 cubic feet of that traffic shall not be Increased beyond the amount inventory Indoors. about enough to fill a ciaset. Bellevue, normally generated In a residential area. This specification is Washington. like most other communities, prohibits any vague and may be difficult to enforce. outdoor storage of materials. Zoning originated to protect residential areas from the ' If the ordinance's primary concern is to protect a residential pollutants and irritations of factories. Hnme occupation neighborhood from becoming a commercial district. the ordinances should continue this tradition by forbidding the standards regarding a building's outside appearance are use of toxic materials and by discouraging the home particularly Important, Some ordinance,, such u those from occupation from becoming a nulsance. The Fairview Heights, Bellevue s.td Mount Prospect, forbid signs and my other Illinois, ordinance states that there shall be no offensive indications that a business is being conducted behind the front noise, vibration, smoke, dust, odors, heat. or glare spilling door. Other municipalities, such as Eau Claire, Wisconsin, over the property line. Mount Prospect also prohibits lirnit the owner to roe, sign, no bigger than one square foot, television, radio, and electrical Interference, and fire hazards. mounted flush spin-.t the wall or risible through a window. Rural Areas t The sign may not be illuminated. Piano prohibits alterations that detract from the building's The standards for home occupations in less populous areas residential nature. Schaumburg, Illinois,doet likewise, and should be less strict. Fewer neighbors feel the impacts of also prohibits on owner from building a separate entrance Increased tratGe, noise, or vibrations. An even more just to accommodate the needs of the business. Important reason for relaxing the rules In agricultural areas Standards also usually limit the number of outside has to do with the local economy. Family firm owners, most employees who can work in a home. A few ordinances. such of whom rely on supplementary Income, may work at home ' as Eau Claire's, limit business employees only to Immediate in order to stay ahead of debts, Also, If the closest town Is family members who live in the dwelling. A better way to more than a few miles away. the rural home worker can e write this would be to omit the mention of family members, provide necessary services locally, limiting employees to members of the household, whether While most urban home occupation ordinances prohibit blood kin or not. This is more in keeping with the law's animal hospitals and kennels, this use Is more appropriate in purpose and protects the administrator from having to define the odasind Rural err w have enou;the ceeito is orrumgohdate "immediate family." Other communities, such as I.Agewoter, New Jersey, room to exercise. East Earl Township, In Lancaster County. allow up to two employees, while Plano, Texas, allows only Pennsylvania, also permits butcher shopps, a dry goods store one. Plano also defines an employee as one who "receives a with a limited display arts, and shops for metalworking, wage, salary, or percentage of profits directly related to the woodworking, and craft manufacturing. home occupation." East Earl attaches a few standards, however. For Instance, A key concern with the ordinance should be to limit traffic only one building may be used to house the busmen, and only and prevent residents from having to compete with business 2,400 square feet of floor arcs may be devoted to the business. employers and customers for parking places. Besides limidng The business space must be separate from nonbusiness space / employees, this can also be done by limiting sales, It Is In any building larger than 2,400 square feet. The ordinance the residence After all any exchange of servicese for money at ad prohibits rcquires that storage the business owner lie eu on the p roand perlies, h 1 l s K 32 X e ~av.-air ' 0 :stsaxx» The ordinance also allows bed and breakfasts In 1111119-family uncurnThhs39l byhi prallso been r plated because it was not detached breakfasts, see Zoning New December 14 d and Trump's attorneys, however, have stated that the request for a preservation plan Is unusual and unnecessuy. They Enforcement have also noted that. since both development proposals By definition, people working at home are hard to find. comply with the toning regulations, there Is no legal reason Rather than populating commuter trains and busy to oppose them. Although they have threatened to so-, no -November Des downtowns, they are tucked away in dens anworkshops. town caction ouncil m'tben t to do by Trump also has notpite Often, this is not a problem. If the primary purpose home occupations ordinance is to limit nuisances, in owner submitted his plans in a more acceptable form. ave backed running such a quiet shop is probably in compliance with he oeall criti sow o perceive a lack oficoncem by T 7Ae most the standards. importance of Mar•a•Ug Tha e most effective enforcement often comer from late for the historic and aesthetic a small the number Pre neighbors. Mrs. !ones, who has b id it with the noise from o al !1 Trust i1storic and Preens tition has _ Mr. Smith's woodworking tools, calls one city department plan aheun tit out that neither the state not the federal titer another until she there e e the toting that h , a ho government can bear the expense of supporting the castle, Worms Mr, tones that Is a ode and that he Is a e In g tax base violation. Mt. )ones may be required to apply for with ~ devc opment would create. With T mpralread y Yng the for his operation or, if he has a permit, to comply standards before it can be renewed 5300,000 yearly i's property taxes, however, Palm Beach F. 0. . µ'hile this ad hoc method of enforcement probably works seems unmoved by such concerns. better than any other, there should be in effort to educate the public about home occupations, if only in the interest of good will between Mrs. Smith and Mr, Jones. Mount Prospect developed a flyer written in plain language that defnel home The Ongoing Battle occupations and lists the standards. It is available in the lobby of Gettysburg of the city hall. Zoning administrators should also consider pments sending press releases to local newspaper and distributing net Cnin n gl battle isttleital g in over proposed new develo vania The War b Gettysburg. Pennsyl pamphlets through civic organizations. C.K. biggest controversy is over a proposed shopping center that would interfere with views of the battlefields from he own of Benner's Hill-many of which remain virtually unchanged since 3163. Presenatiordsts Play, Since a Wal-Mart discount store opened earlier this year, Their Trump Card pressure from developers has grown. One developer has proposed a 320,000-square foot shopping center that would Donald Trump's latest real estate deal has produced a abut the battlefield. Proposed for a 75-acte sit, the Mark firestorm of controversy in Palm Beach. Florida. The battle Development Company's Gettysburg Commons would fall directly within he12,000-scre paces, finci rawn nd 1. for Mara-Lego. a l+sh Mediterran ants ylevessil tbuiillt le Sfeature ome of !t wouldstores National 1927 ycereal ehlion, in a deal which encompssse oche 6 DD00 ac Battlefield Historic bought the caste and estate In 1985 for $5 mil l historic ost untyA hitrdevelopment his not wonaapprovation lal in urround Much it t reserv to bus dewhatdis now vtimeiewebdebcause m ny asha %spbieenelephantt $7 AdamMilitary park. to* T lorsses by subdividing ithe 17 acres surrounding Msoe of arla laglo long been stoddsrovertthe nature and amtount have ff~cials and building eight luxurious single-family houses, whichhe ant eat should be pe otmY tted, with some because municipal officials hopes to sell for $S to $7 million apiece. ark Both Trump and his advisers apparently 's stares failed to recog. attempts otheepark by d sacen;ing rowtth In adjacent sites Hite the significance id the castle's status a National al preserving to high It r ce to pay, when average annual income In the Historic Landmark and have been taken abi ck by the P formidable opposition mounted by the Palm Beach of of PennsylvanVa~w that of other counties In the eastern half ' mark preservation Foundation. Although final approval any development rests with the town council, the Preserve- According rto the dvleelotrfor Adams CS^ Richard H. ounty, believes that teal foundation makes strong recommendations conforming that cosy Sc Y rplanning ark mi be ardizing real weigh) Palm Basch has a tradition on o of conforming to protecting he views throughout the p may 1roP Rep. Peter H. strict design guidelines and protecting iph the buildings, however, osponso red legislation last year ha w d "et and ¢gR August on 14. t the foundation disapproved the f / development on he grounds that Trump did th did not present a signifmansly expand he boundaries o the military park etin canno preservnlon plan with the development plan. The town otf onef of the most h lowed sites in At pert i There ~rition council upheld the denial at its October meeting. In the of laces in which to build shop 1111 centers, but meantime. Trump had submitted a different proposal for a plenty P planned unit developmr.nt Incorporating 10 sngle•family allowing one to be built within sight o the Gettysburg s 32 x ~ ~raama 0 I battlefield would be a tragic mistake " 199 E Zorrfn News Index Schmoyer says that the entire history of development in this 8 area must be analyzed because the site is not as pristine as AdmloWndw people are led to believe. A business park a used car lot and Training Odeon Pl.nuar Officials June stegledamily residences border the site proposed for new No Welcome Me for Portland Conk July development A large grove of tyres buffers the view of dos site st.ttd.nd, nor oveAq Disail Ausua from the battlefield. Any development there would be screened Ctamerdd Dewfopmeaa from the national park as required by the acting ordinance. Do= ReJner RlvnAoal Haar Jul Schmoyer says the project was sent back to the drawing Enables [Aobd a board because it did not comply with the zoning ordinance on Ithode blood OrKbaule tnalos suers, prober design and access issues, but he is confident that the developer Eafrwarwt is willing to create a project that will satisfy everyone. Other Foe for me Record look February development-such as the Wal-Mart- ccurrrd before the Singing the Praises (outdoor Yoram dap) r■brvy zoning adiriutce took effect New development will be highly Hogging oat umellsN? (pea pip) Jute scrutinized under the Adams County Interchange Zoning Ea lraemaw pleaathm Ordinareq which includes quality control standards. skins CanulsrTrw nits" January Wal-Mart cited the newly widened Route 15 and Its Clinical Tam Over s New Lad A rv proxlydty to Maryland's market among Its masons for subs **in Forty service For die Trans Aa juu building near Oettysburg, Many property owners are now Pinelande Farm Zoeller Uphsld No rmha anxious to see what other development will follow, But ELMO preservationists cite the Wal-Mart development as in Florida Mayor Convicted June example of the higb price of encouraging economic develop- LobbyinIDocisbm Novemba ment A two-story Oreek Revival-style brick farmhouse, Eadnetasary Zutar built around 1840 and used as a field hospital during the Nw Hampshlin Coup Viscera Eacrua angry Zoning sepamber Civil War battles, was demolished for a parking lot. Earlier Flat AaeeadmeM this year, it became the site for a Wendy's restaurant LL AS the Neva The Fro Cesar "Its Sepumba Religion and nodes: A Muter fo One Caw? November Grawth Manapmeot Calls for Wor oration dwntottrag upended in Fairfax County January Kies County brows the une Match PAS will publish a report on computers and presentation Adequate public Facilities Ordinances MAY graphics next year. We would like to receive examples of how Searle Type Its CAP July planners have successfully used presentation graphics- Hblotk prasmsd0e computer<rcaedgraphic aids, compute r•assistedpresents- PfservadonuaPloy Twit TrampCud Dertmber dons, and desktop publishing. Please send your examples to; Houdns Palm oat way for Affordable Haring February Richard Ungendorf, A I C P New Visions f q Manufactured Houins July 10105 S.W. 71St Ave. Maud" M iam1, Ft 33136 Houuoe Gas far tM Fir February {305)667-7191 (phone) Impact gave (305) 284.2959 (FAX) t.oudoun county dvelopen to by to Roads January The PAS staff wishr s to thank all subscfibers who sent t"1°`porsed " comprehensive plins In response to our recent request It you rndorporeionam Gecrti eMind(Sardysprings) Augur did not receive a letter from us, PAS needs your help In Faris and Recreamos Improving Its collection of plans. If you have recently Ai nee Era of Yaw Ill (bungee )umping) August completed an innovative comprehensive plan, Please send is Diwwd a Long Done Minn Nadond Park) Odoea copy to Fay Dolnick or Carolyn Kennedy. Residential TadZoril a dOenygbag paember e,s; An in the Firmly (Connecticut version) 0.tober Wren Home to When ghee a saner b 1:11"Ribef sansei New) Is a "ply as, sin e. publirMe by the Amy dean 14.m4inp Shmana Mwremese ABavininn Subwhptions ru,rlable for s)2 (u 2) and r)E rformim. Se.Dep lelns doe kpmetal on inland Wee March ' Lrrl Sroltman. Eaacnive Dincnar, fnnl l utyaucmiveDiwair. Su rr4te6 Nrws le indeed a APA. him Schwa. Fil Dold sesmae. Fay Slat Coaled Dolnlck. Carle Hartle- Cw!yn Kenrddy. Linda Land, M" Morris, Amile Win TNo Ban Hold Wadi (Chlesso bond elan) Febswy Wind. Am) Van Dann- Repanen. Paul Taems• A,eistsu t Editor. Liu Ines. No lrodsedy lave for Iiift" May o • 10rndueuem Tn Awdow and Traffic C "IN e 1"I by American Flannlng Aasoc ailoe 1211 111604 Ss.. Chrnaa.It ag/a =I The American 101400111E Arta 114011 and Madslowil amen It 1176 Reducing Traffic Through Tnmpanaiion ordirrems ApN fU i1simNum Are, N. w., wrdipam, DC 1004 Ur66n Dedp 'ddd"'FFF"' An Oahu furred. Na pct of this pbherkn may M nproducN of orllieN is any Thy lack Frq: Oyes Space In gubdi+bkm SapemM lure OF by ens awam, 11IM-011 It K mnhamlyd. hil 0101014111 1 feerdiid. Waterways K by any Inrarnnlon instate and fatOerd lyrera. wltaae pof iuka is nd681 from that Auerksm Plammi s Aeearlonon. SeaNe sterling penalty Debate Jaeuery Aphill hinted tee tecyeid paps.Incbrdins lP704 neyclaE Abet F1oei111 pepolds M Miand ed 104 pouearuures name ® Resuladng Oat Ur afwateewwyl odba ~h K 32xIo "Room O 6F - • JANUARY 1496 eaKAN I AAI ~,Nt, ZC)1V1AMWe1vsA,1.C,.,,0. Home Occupations as Accessory Uses By Mark S Deani+on With the rise of mlecommuting, iciecommunicating, and the need for day care in families with two working parenm full-time home occupations, as Veil As syn,atrn OPEN • occupations that require some work at home, are on the tile. This issue of Zoning Nererpresents a primer on the legal ' frimew•ork of home occupation rteulations for communities wrestling with the changes %tooght be technology and an evoking wrorkforce. Accessory user are ordinarily permitted in residential toning districts. provided Nu erahfuionr.+wlre+tli+drrg,+llerpixrorelAfelne.axrobjnrronk they Are incidental,xcondan,or drAr.) Jlarlia+en.mSrwrninge,7tuoryamofrrriArurialprvperry. subordinate to the primary pcrmitted use of the propctn,, It is "ell recugnirrel char a prid'v4don.d oNce isecgjtiont while others refer to home Occupations broadly as a or other home occupational use can constitute its accessory single caregoryof accessory use. Both types of ordinances use in a residential dwelling In ba, ms»t inning ordinar+ces enumctatc various standards chit home occupational uses must specifically permit such accessory uses its rctidcmlal di,trids miter Krft they will be permitted as accessory eses, provided tbat the profcssion or ewtomary home occu action is conducted in the house occupied by the wnrkee and mhet Inits rpretoflogs of Zoning Ordinnalre applicable criteria are met. Judtd al i mceprcustion of whether a home occupation is Home occupation provisions of residential roiling ofJin.inces pcrmitted as an accessory use will focus largely on the language of generally seek n+accon misdate professional business usct thm the b+ul toning ordinance. Issues enncerning ordinance art reaamahh compatible wish the residential dictrKn in which o+n,truction will often settle the question of whether a particular they are lucated.lbm, hums occupatitim Are gencralh limited home cncuppatian is valid under the terms of the local ordinance. to those user that may be conducted within a reticletinal Vi'hen the lingtsge is susceptible to more than one dwelling without substantially charging the apfivaemce or interpretation, tours will give weight to the interpretation shat is condition of the residence or accessory structures If the business least restrictisti of the righu of the property owner, while saying, 'k use of residential property dominates, it will not be permitted as within the confiner of the ordinance. Still, if the local tuning a viol d accessory use, body has substantial evidence to back its interpretation, courts . will almost always accord deference to that Interpretation. Ordinance Definitlens of When in ambiguity exists. the principles of ordinance Herne Oeeupatien Accessory Uses construction emploJed by the court will depend on the evpc of Along with she list of permitted uses for residential tunes, most pprevisions formulated to address home occupations. VL hen a toning ordinances contain provisions for secessory uses that ! nsadly worded prw9sion permits such occupations if they At explicitly. or at least Implicitly, address incidental use of the the general definition of accessory use, the court will generally t properry for professional of occupational use. Some ordinances hold that the provision allows the occupation if it Is customarily simply pn,vide broad language that implies petmission to incidental and acondary to the primary use of the property ar a r conduct certain homeoecupitiorm If & home occupation fits tht dwelling unit. e broad definition of accessory use. it may be permitted depending Mien the ordinance spt66callylisss permitted and f on the scope and intensity of the occupational tax, These broadly prohibited home occupations, parties will usuatly ask the court )6 ~1 worded provisions demand that home occupatons conform to to determine the validity of 6 home occupation chat is nix thr general standards applicable ro all types of accessory user hated, for enimple, in one case, chit local ordinance speciiicalty / principally, that they ate customarily incWental to the dominant prohibited barbedbeaury shops and automobile repair shops, use of the property is a resldtnrial dwelling, but real estate offim wrre not listed, The coon eoncludeJ that On the ocher hand, many ordinances specifically address the ordinance could not be construed as profiibidng the home occupations u a subcategory ofaccetsary uses, including operation of a real estate business from an Individual's home more specific additional criteria for home Occupations. Some of wen such an olilice was not otberwbe listed in the prohibition. thest ordinances permit of exclude specific n pes of hone I17dvel r. l4errdajAdj orrnnlrtjCrAur Rrplefa,113 TtX.M ,x10 32x10 • j I' wn>r® 0 316(towaApp, 1995).1 Fu.&r, ^nother provision permitted eunsultent or red otatc professional who knows the history of certain home occupations, including facilities uw " v a permitted uses in the area. Landuwninn may try to p went physician, surgeon, dentist, lawyer, clop-man, or other c1'idence that local officials have issued building, occupancy, or professional person, for emergency consultation or treatment, home occupation permits to other landowners with the same or but not for the general practice Y heir prufession, Finding that similar tcpeof home occupational u,e, Their goal is to establish a realtur was a "professional person,` and that clic rcaltot's use that it hat burn a cusaarraq• practice to allow certain typo of of her home for calls and contacts with clients was the type of home occupations as accessory uses. consultation use contemplated by the ordinance, the court The intensity of the taw and nature of the aetM60 concluded that the home occupation was va)id. conducted in connection with the home occupation will often Another important issue may arise in home occupation cues clacrm.ne whethera particular ty cof home occupation Is when the local ordinance contains separate definitions fur subordinate to the primary use of ttesidential property. The accessory uses and homeoceupations. Under these intensity of business uw ofrnidentiat property will often circumstances, the court will need to examine the urdinancr's indicate whether the home occupation is the secondary or purpose and intent and consider whether the accessory use predominant use. dcWtiun and home occupation sections are to beeonstroed together in light of the uaced purpose set Furth in the ordinance. Impact on Residential Choraeter [See Plam v. Zoning Hearing Board and %tvklh of 8radjord A primary purpose behind singlt-family zoning is the Woody, 654 A,2d 149 (Pa. Cnmmw. 1995).] preservation ufneighborhood character. Accordingly, another factor considered when determining the validity of a home Valldlty of Hoarse Occupation occupation iswli that use will adversely impact the •A number of relevant faetorseoncribute to the determination of neighborhood's residential eharxtcr, A home occupation that is whether a home occupation it a valid accessory use. The detrimental to residential character may properly be excluded. rerequisirem for a landowner to establish the right to conduct a To minimize the adverse e(fccu of home oceuparions on huntie occupation on residential property should be contained in residential eharacte, come urdinanco require shat they be the applicable tuning ordinance, The degree to which the conducted entirely within the tesidrnct, diminating vutduor nece„ary criteria Are,pclied nut dcpead, tau how clo.hiled the bu,incss aaivitio. Similar restrictions stay bebisvd tan language is. Broadly worded provision, may permts all hpes of neighborhoud are theta. such at prohibitions against thedisplay home viceupariom as long as they fit thv gcner.tl JAmition of of bu,inesssigm on the property's rsnror or outdour,turage of ara,svey n,l'. Thi, ripe of urdin.tnce require, that the bu,ine,s equipment. laodowncr %how that the boric oc:upalVon i, cudonwily in:idantal and acondah to Ole prinl.ih uleof the property as a !leer Area/Slso Restriction ,ingle-fanhily J%dling. Other vrJinanevs may nquirc that the Some urdinancct to trice the maximum flour area that the hunts landoono mike this showing in addition toin1,. other uccvpatiun may lira. Tepieall,y, these ptusisioru limit home criteria ,perilic n, home nerupati,nt a.cc,suty u1e,. This latter occupation use in terms of a certain percentage of the floor arts type,,, hick is more prevalent, can be further broken down into o( do: dwelling unit They alto may be phrased in terms of 1411 gl'neral suhcatcgohe. ordinances that sJ40011rally lilt maslmunt alluwahlc,gvarc li,uragc. Such a requirement it pvintiM and prohlhihd home occupation,, and tfin,e that do Jwigned to ensure that the home occupation remains not identify Jill'ercnt home occvpaiiun, ht name in vltho td subordinate to the prinian• ule as a dwelling. (Sec Rryaolds r, these n`mlnnn 1.%il molt enumerate criteru that all Ilonitwd Zrm i! Hedring 8o,rrd tj~bi,lgrvn Tvwoubip, 134 Pa. Cnmmw. home occupatlun, must meet in order to be solid At acn•+,ory 341 579 A,2d 629119`70).1 vw4 in residential rote,. Ofcour,e, proper edculathon of the flour area used for the home occupation is neeessaq Davrmining which areas should be Intldenlel and Secondary to Primary Use included in the flaurarca calculation is not always cut and dried, The requirement chat the home occupation u,v he incidental Should hallways and suircaes be considered part of the moot area and tccundaty to the primary use of the rc,id,ntial propcny d for the homcoeeupatiun! The emit percentage or rquarc footage the lust elearh defined of & I'a0or4 used to ewblish the all irA to the home occupation maybe subject to debate. occupation's ,vlidih. tincc its proof depends on the fact•spaifie For ctample, in Takes ojstdhianr dlrnd r. sprain, 306 S.C. nature and scope of the occupation in reiatian to the dominant 539, 413 5 E 2d 325 (1972). there were eonRctingViews orrr use. To satisfy this requirement, the landowner must put Furth whether an upstairs hallway should be included when calculating foal that show that the intenlih of hhC aeeenwry use IS clearly the poctrouge. The trial court excluded the hallway from the secondary or su4+ordinate to Ore use of the properh• as a calculation, w that the ute did not excetd the 25 percent residence. Further, the landowner may need to O tr proof that limitation required by the ordinance, Howava, on appeal, the the particular home ucaopnlon is one that it "cul omarli South Carolina Supreme Court concluded that the trial coon a„lciated with slngIv-family dwelling,, had tarred. The euuri found that all of tilt uNks rooms in the Count may simply take notice of general opericnce as us Jwclling were part of the bed and breakfast operation, thus the what businc,s vccvpatiuns arc customary in rl46011 w only use of the upstairs hallway was for the same operation. Jwclling,. Evidence of customary homeoccuparidnt stay be %0a the eoun added the square footage of the hallway into the s'stiblishO through expert witmms teoimom, from a planning fllwnarea calculation, the usceseteded the limitation. / Onsito Reiieieney Rguirentonti J1,14 beowho r It an atrepnev in primeite.take in Mrojitic . Another enmmon criterion for establishing a home occupation Arno jercry Hr Ir rbr nndior rjanntrroar 8oo4a and arridrr tar accnsory we is the rtgtt(rement that the landowner reside on tanint, l nrd tart, stud rnadrun nrnrdl lent lrrura the ptcmisn where the use It being conducted. This raideney Y~A 25 K~ 32x a O I 6 I , I I ' I • y, I requirement helps to ensure that the properev's primary use is ordinance, the Lmdowner and municipality may be forced to residential. Onsite residency pre+enn the landov net from rew~he their corAicting opinions throw FFh litigation. To ay ' thi+ converting she property into a business use. If a landowner does costly alternatit t. muntupalirits must do theft best to spell out not resider on the premises. it may be found that the home clearly the standards they will use to ewlwte home o mpations. occupation is not secondary to the primary use of the propern, for residential purposes. Nentrostdoni Impleyeo prehlb1flons calling on Some home occupation provisions contain specific limitations the Militia on the natus and number ofemploy'tes that m{v be employed p by a home-bawd occupation. Obviously, such a limitation Jama Darcy is fighting foe his home. A New York appeals 1y depends on the language of the applicable ordinance, Some court has ordered him to remove his mobile home from his land ordinances may prohibit employment altogether or state such a because it vio'aces the town toning laws of perry, New York, restriction m a prohibition against 'employment of anyone in But he refuses to do so, and the srare is charging him S50 a day the home other than the dwelling occupant. icily of t"I V. until he complies. A' Pffhvbi, 155 III.App.3d 826, 506 MEN 776 (1987).1 Most 14 1992, Dacep applied for a permit at a coning board of n' ordinances,however,allow (orlimited employ mtoc0fworken appeals hearing aquatingpermission roreplace hlsexisting K in connection with the home occupation. Slott of these impose mobile home with a larger unit. His application sea denied. , a residency requirement on all workers, and some additionally Dacev's home on Van Valkenburg Road is on land zoned require that the employees be family members who reside on the agriculrurallresidtntlal, which allows one- and mo-lymily urI ~ji. premises. Some ordinances will permit employment of Danq claims that there are other mobile homes in this area that 41, nonresident workers, but they usually' limit theft number. do not comply with town [Doing Im+y but are allowed to temain. No miner which type of employment prosklon is contained in He then applied for a use variance, asking to become in ; the ordinance, this condition may determine whether the home exception to the law, and that application was also denied. The occupation is valid, For example, in a Missouri can. Sr. Lewis court ruled that Deco, was unable to demonstrate that he would II c, Airn:le. 844 S.' ?d 119 01o. App. 19')21. the court suff'erit,'economic hardship" if he were denied the variance, found that the landowners ciion of an in,uancc and bonding May appealed and war gtanted a rehearing. At the ; business %is, lot the most part, not at odds with the definition of rehearing, no fuether information con broughe forth, and he home occupation. I here was no sign or arts other display 1rI was again denied the application. In supporting the zoning ing that a bueinev was being conducted inside the homy no board ul'appeals decision, the [till court ruled that Dacey had k' clients went to the residence to conduct businns, and no prodaets to remote his home within 60 days. He sought appeal in the. of goods in rule were sold from the premise. Xnrrths4csx, the appolare division, where he wit ordered to remove the home ~ f... court aascompelled to condudc that the Iando,snen' empln}' within 3D days or face a 550 daily fine. ment of two niocn who did not liar on the premises yioht,n1 the In in ell'art to rally support behind his cause. Daety has ordinance's hnnn acupafoo ensFFlaseiknt limitation, which contacted local and national militia groups including the t alkswed emplrntncnt ul'onh miJrnt family mcnihets• MiXgan Militia and the Chemung County Militia. Other lY'hen it is uncle,n whcrhrr a piricube hone mcupation militia groups throughout the country have also rallied to help yy~2 accrswr use 6 pcmdued under the term of ncc local toning Dacey keep his home, Additional Cases Involving Home Occeeepation Accessory Uses finding Hama oecuptslional ON val'sd F 0Winvite,0Men, 171ADM07,!IG.'NYS1d04J(S.Ct •BebreAbierll4117AD.Id 044,574N.YJId 460(S.Cf. ; 19971 (ad;nanre drlfnirier efFamr o rnpp.rPion a al broad derma! 1991) (tr tout rtaoobA jar II arrlnd beard n )fad efwo tbo ,At Air inrlu door inrradla riot olden Pat rFairl. dasrt r1M/io ew tope exim1w than w1tN Pow !weeded to bt •Off ofOita MiAt aDnviv,119A.D.1ASJ1,$11N.YS,Id !'e^ninrdxnMAlit rrdira asA4o AVIIIIadNrA ' 399(S.Ct1990) (arrofmi4sraIn raRAtcforwith bmrrubu at Con4b►.lwrinjBeardofiUjoremextefClryef/i'rebugb,S19 .1 rrrvier rowrim red p"i0lbb na remary kw oerywierl. A.1d $10 (Pa. Cenrnaaa 1989) (Wuop M1 III me, ba'srt uaspadoa ateble awri,sl lJdrrnal tested ordiurn pttssitti,ad Poo,borne.rlan,tinnddBoardsJJtFtrrs•nefCola J46A.D:1 hots"Ationrlarrtl~r~tffa111taneddurrdr6A 138, 136 N YS 1d 144 (S 0. 19B9) (tedaf aanbn) froPete/ r ejeAr Boror Aasserfj+notef~ahr/ntdnafMrProfntiarawnerthr frrnrh! r. lwnintt Non4f Beard b 1b ofNrru Bn Lbtar, ` domiontertrjtbefpeminA lI3A.2/1J9(Pa,Comm w.19d1(lrt knw,i#=arttingeta hd not SY6biS on e nrbd aretuary w breaare ksou see ores s7eq 10 s leinding No" occupational Use 6vdd a 041411 wt NJ rrrbGr I a Nebbeimn P. CefoinkeA G.rr1, 890 P.14dd7 ((1x. Alt. 1991) • AnI II Imbed Haft Bared ejebe Ban rill rjMedir, add a (L,ukwtrrStsorapajey.dpnctlePd/opirdsetrubfira A.1d391(PaGmnoW.19d1) (40*IVafARan. nprmtmd S / Pavia] bsuintea did Poet tx016 a home lientorier). IneinleAdodint la a raNtrtrLf dubld art (/sbtjnrtidertn " baibG ♦ Gisrlent e. Ciq rfAlbanl BtardrfZe+riefAptab, 111 abr kriLd A IN . A.D.1dIl0,JdfNY5,1/111(3.Caf991J11•Ar off rtnN s»y evu rlneldrrraf end Pays Pdaq start kiIdid Poor m/ 1s 134A (Pat sClaetmNmrsaer.J1td91BQ ta(wrI$ruPnrrskiwer wahsd lPMfO1e1lrt4Walter 114 Mlird ash!. ew Poor ar9stiryirons" 4 Nteelotrd 41 drw!ligfrJ. t ~~,Q 32x ME ~~~MB ONE 1 + i e . I ~ 0 n Dacey has appealed his case to the New York Court of instrumental in those efforts, will donate its Southdowns Appeals, and the town of perry has decided not Inactively seek holdings if it can secure approval of an economically viable removal` of his home. Laura Tbomplon project elsewhere In the county. The DPCD also considered the land's existing use and o•lncnhip. It was zoned for agriculture but was not in agricultural use, The land was not likely to become viable for Bluffs Trigger Colorado Farming because ofw'eak demand and the fact that the Planning Debate surrounding property had at ready been developed as residential. The Stare Land Board owned pan of the property in question. Planned development amid beautiful bluffs in a rural area in When the sure was chartered, section 16 orevery, townshipp was Douglas County, Colorado, has triggered an intense debate given to the board as a meant to generate funds for the . lie about the tradeofrs inherent in many planning proces.rs schools. The board's sole mission is to generate the maximum between local and eommunitywide interests. Residents of the return possible, not to pram a open space for park purposes. Affected Ira are upset, but the planning department his given The board wanted to sell its land to U.S. Home. the developer the green light. The DPCD saw compelling reasons to amend the master Douglas County has an adopted master plan that plan and approve the proposed development. The proposal delineates a primary urbanilanon area (PUA).One of the addressed visual and tra5c impaction surrounding plan's major goals is to direct development within the pUA. development. lu density was lower than required and lower Another is to maintain the integrity of the bluffs as a part of than surrounding developments. It proenxd Ike bluffs and the area's unique charterer. In considering s development transfxrred them into county ownership, and it adjusted the proposal, the Department of Planning and Community pUA and [,-ought the line into conformance with master plan Development (DPCD) must abide by the mate plan and goals. Finally, the proposed use was compatible with s direct development toward appropriate areas in balance with surroundinguses, and it allowed U.S. Home to complete the the larger community's demand for wst•rfficient services and transfer of its development rights at Southdowns at Roxborough a high quality of life, to the sure park sy,rcm, U,S. Home, a major national housing developer, proposed a Residents of nearby subdivisions were underuandably less 396-unit development on 395 acres of gently fulling slopes and happy. They saw the development of s valued piece of nearby WIN tuned for agriculture but surrounded by existing and open space and increased area popuhtiun with its associated approved residential development, The county's pUA line ran impacts ern roads and schools. They also had believed the through the property. Worder to achieve the maximum number property to be relatively protected because it was toned fur of units allowed, U.S. Home would have to develop some bluffs agriculture and lay ourWc the PUA. Believing it would be that lie within the PUA. After in initial proposal was rejected, difficult to change she master plan, they did not foresee she U.S. Home returned to the DPCD with a reviwd proposal that circumstances that would make development of this grassy area addressed the early objections. U.S. Home's new proposal sec, cumpelling for the bcncliit of the rest of the county, requested that the PUA line be movvd to that 31 acres of blufl'i Srorr Damra4 were exchanged for a more appropriate 30•urg buildable area. The proposal also reduced the density almust 20 percent to 321 units. In Addition, the visual And tutTie impacts to neighboring ~C subdivisions irea addressed by increasing mbuffier . This ens and 2*N/A* geW eliminating g direct toad osed b between them. This second proposal vvs approved. - approyal migght have come anyway, U S. Home sweetened the deal by offering to transfer its land holdings to hinnogieg Chen a In the state In Southdowns at Roxborough, a 1,000-unit Rural CamenunItIosl approved subdivision at the entrance to Rotborough State The Rale of Planning park For more than two years, aurewide efforts hive been and Design underway to preserve this area, U.S. Home, which has been Xviona!£niou,rwnrl6rsheArn, D engto Ihogran, and US Lkparement eJA~rirm rs n, Arin,al Reronreel Couertarlon Serrate. Awila6G flow rheSsid dn/ Ilrimr Ceumation Soeirq 8j calling MTH£•SOIL. 1993. Id pP, Frre. Zoo": Yolk, o momhlp nt.dsne, p.hl,drd 1r Iw Am.d .e rlannlnl to 1992, the two agencies producing this booklet undertook A.ie,w,.n s.bxr,pllem m nnlaalr l,rflf IV S1 and S511fuM'ilnl Jointly the Rural Design Demonstration Project Staking to tot Fans s !o, Aa~y Eu.ufm D,rea.r, wm+m p, kr„n. D,mwr J Amelh Sou .an1 d,iD,d ways in which design professionals could help local people In Ia,SdIk Nrwl'n prod.. tl inAPAto . MrlSin.nkA.a1. oug NlanAr beadle' ' rural ALr cummunitio take advantage of local tesouree Isu Canp,tr *F utNL # Alw,ia, pe tills Thrmwn ,Aap.earn, C YLowit MInrAl+ dChpal. Aunulilnt L6r.r.liu 1, ro. opportunities with professional assisnnce. Three landscape Dons, and hndmnoo architects worked for two years each with resource and ..j corr. hr eIS76 sr Amek plann,in Aarexlarie,, all hl"Alton A.t. hat eunservation districts in Iowa, Geor44, and Utah on land-use `rN I M CA kr{e, It 40601 r TMan Amerman Pl.mm~p Mwdnl+n Au xerA~.rnp, ~u .Ake it 1716 Alanaah.ant Ara , N w, I ithmSloe, DC 100 V, slid resource management plans, taclsil water problems and An riShu ksmd No parr of rho p.01 rvit n In n be apradn d as aalmd in a,7 the impact o, prepeated new litoot yL In laws, they worked on farm a 107 reap rnna, dwresnk at Innl+nird, imluJiy phoro.ery,nS. u.edmp 1„4 Crea110n J I uenle byway in the unique Loan Hills. This or 1r rep inlumnitn noraSe arse mdrve apuem..nhwr prrmnuan in Mlrinl bookies sunrtnariru thou efforts and she use of visualiTatlon (rent & ATtrlun Inanniep Association. Primed aA riti pope,, Indwl,es 1040% " W ewe technology to help alai:ens And town leaden develop effective ant 104 pstsamumn limit local plane, 4 E ?5 ; 0 32x 0 0 0 is Planning lure1997 P L A N N I N G Homework P R A C T_ I---- C E A proposal to solve the dilemmas caused by changing work patterns. gy hlichael Frank yy ownsizing' has become modelordinance,the major fea professional services generate f Dan everyday occur. wresofsrhichareoffered here. little traffic, others, such as rence as U.S. businesses seek doctors, lawyers, arid realestate to remain competitive in eglm Eightcategorfes agents,couldhavealarge nunr bal economy. Asa result, large The model defines an 'acces• ber of clients. Thus, one off- I so' numbers of workers are likely sort' home occupation' as an street parking space is required ; to find themselves without a 'accessory use that is clearly for each nonresident employee, I steady paycheck. Many try to subordinate to the residential plus one additional space for ; sr~ I pi^k up the pieces by becom• use of the property.' fiat Lift- each 200 square feet of office 1 ing free-lancers of one sort of like typical ordinances, which space, up to a maximum of six. another, and in many cases lumyall home Occupations into To ensure continued compli• s I (heir homebecomestheuwork, one category, the model ordi. once, the zoning permit must 4 tr'' I place. nonce distinguishes eight use be renewed annually. r' According to a national sur- classifications and assigns to The ordinance also recog- veyof honte-basedbusioesses cachcategoryits ownlocational nizesthat soccessfalpraclltion comlucted annually by fink regulations,ducclopmentstan ers are likely to lake on associ. Resources, a Now York research cards, and resiewprocedures. atcsr and a grossing business and consulting firm, 39 mil Thai means, for example, that could endanger the residential lion Americans wurhed out of a lawyer must procure only a ehnrMUOf the neighborhoal. rhofr residence in 1992, nine single permit to setout ashlogle Thus, there is a provision lim~ percent more than the previ in almost any neighborhood, icing the number of nonresi• utis year. Of those, 12 1 mil while rm aura body shop re. e'entemployeesto hvo. lion were 'primary safFemi quires public hearing before x Pe clud sere Ica bush pluycdhomewurken,' dcflncd theroni nghearingboard, n_sses,'ininchrding,lout noilint VS individu;ds who earn most Theca,egri esandthelrsian iled to, barbers, beauticians, of their Income by opcruling dares are or prtotographeis,' Standards home businesses as consult x Professional off ccs.de- ate lighter In this category be. onus or contract scorkeu, the fined ns 'a sen ice oriented cause of increased client traf- restworkedparttimeathome, business use 'The ordinance fic.The model ordinance sug• or they wcre telecommuters recognizes that, while some Bests restricting ibis use to or corporale employees work ing at home nfter business hours Alirhorf Frnak 6r hie cilia, Nie Jrnylor'r of mt oLl born In rbunhnrq fyurkal•,na Technologically, there are few problemswllhworkingat fraor4nndlArJainllrrb enfddao., home, m leas) when o comes loprofessinnalsersices Cool. r• puters, modems, and faxes J n Jr , make it easy to establish an office in a residence Tradi t ! lionally, hu+.ever, local mn~ n~a f' e ing ordinances have prohib itedenysortnfhomtorcupatkon 0 in residcnllal areas. Thal has f ~V, ( IQ left many home workers in a ) II gray area, often at odds with 1..- - thelaw , As a consultanl, I have worked with several comma ! nities In Sucks and Monlgom• ' try counties, Pennsylvania, to revise their zoning Ordinances to reflect this change In life. Style I have rlso developed a t t ~,eY~ ~ f- 0 E • tr P, L_ _A _N N I N G P R A C T I C E Amount ofnolsegeneratea. The mayemployonlyone non rest- a public hearing before thezon• The ow mher,oflronreuvkrn ordinance allows general in. dent. The ordinance requires Ingboard nee :oon+lrre of fhewpahha structional services such as to. one off-street parking space per a Tradesbusincsses-elec. shc,r. rind nma umnr toring to takeplacein anytype 900 square feet of floor area, tricians, plumbers, carpenters. romp Poll are lj fhra to of dwelling, so long as only with amaximum offout spaces and soon-are also considered fianreow Low Maori, r dirt four students at a time art allowed. special exceptions and require errare.41010Jie odre+' effv n. present. In contrast,'instruc• a Family day tare, defined a public hearing. The model the lone [.rate rrofe.f oy rhr clonal services Involving muss as care for four to six children. ordinance allows a residence Crone for fhe A•eu trev a cal Instruments' ore restricted For this use, approval from to be a 'base of operation for rrsear.h grony to Do?"' t, to detached d,veliings. state public welfare author! the business' but specifically sr,nhhrg rlhr Yhora,IYrf.rr.,- No nonresident emptoyees ties is requlred beforea toning prohibits 'the conduct of any rurdneerA-of eis ,er,, tern are ollowed for either tty,e of parmit is granted. The model phase of the trade on the pro know f;dpe xorkrr,. " If „riArr! p' h„r pwrir hoar fire e:,Bv„r Instruction. Oneofbstrtet park. ordinance allows family day erty,' The parking provision r;i;;h r. lentil ufY. Tbr ai:n in$ space is required for nary care only As An accessory use allows only one truck or van b;luu ,hour dnrl nurnlt A..nr. two students being instructed in a detached dwyelling, It re. (under three-quarters ofa toni 1..r to be kept on site Iin a garage). 7- The ordinance prohibits tiny 'Assembling, manufacturing processint or retail sales' on t the property, bed and breakfast. The I M1 mode[ordirance limits bed and breakfasts to detached dwetl- • iris and sets a cap of six guest rooms. It Is specific about the numberof occupants (no more { than two adults and two chll• dren per rooms and how long r' Y. • they can stay 114 days), To r. $ It I answer a common fear that the guesthcusewill evolve Into r restaurant, theordinance iim. Its food service 'to breakfast r and afternoon tea' One off, street parking $pact must be O • provided for each guest room, either located at the rear or screened by a five-foot fence or hedge. The orlinance specifies that detached dwepings, limiting at any One time, With four non quires aminimumof100square the use must be cArried on l;,iutid.rnsandbarbrrstoh:o ic.idcntapacesthe uiaKiim;m fcetcdfencedouidoorplayspacc primarily by members of the ,hairs, and Allowing only one I IIonic craft buslnesses, per child, and the play stem Immediate family, who must A r,nresident employee The Including artists, sculptors, must be at the side or rear of reside on the premises. This O parking requirements are the dre.smakers. and furniture the house, Only two nonresi• use, too, must be approved by same as for professional ser• makers, The danger In this use dents may be employed, One the toning hearing board as a vices, but only four nonresi is that the craft business could off-site parking spacelsrequired special exception. dent spaces are allowed, evolve Into a retail store that's for each employee, and there a Repair ocn Ices and other a Instructionol scrslccs, why the model ordinancespeci• must also be a dropoff area homeoecupadons. Under this including music Instruction fies that all Items sold must be sufficient for threecora category, which is also a spe• This category can be good or completely manufactured on Because day cue services cialexceptionrequiringa hear, bad for a neighborhood, de• site. These uses are permitted may be controversial, the or. Ing, the model ordinance spe• pending on the type of instruc• only In detached dwellings or dinance classifies this use as a cifically excludes tutomobile, tion being offered and the accessory buildings, And they special exception and requires truck, and Motorcycle repairs, ,y a ry,r Is :ter 4 a Flannlna June 1991 ' P L A N N_ _i ~N G P ~R A C T I C E - i ~,nnnreslAentcmpln; acs arr. rr~ulremcnt thnl ma+?o l+t+hu rf j allowec!foreachaParkingIs mentinslructioncantakeplact 300 square only in detached dwellings required for each Vh feet of floor area used for the Some communities may choose home occupation. to limit trades slid repair ser~ r vices to lower density areas Agoodsoiudon where neighbors are fewer, This classification Of homeoc• Similarly. bad and l+reakfast rr 4 1ffR1] cupations permits I consider. uses may be IimNtd to either f11~ able amount of fine tuning, ruralareasorhistoric oldlow•n b Forexample,it racognire►that centers, li lnstructionsl services would However, sonic standards be good nelgfhbor in most or- in the model ordinance apply R vas but that MUSIC Instruc• every here inthecommunity, tion might tint be, Hence, the For Instance, only the rtsh Variatlons on a Theme New Hanover Township,Pennsylvania, AndthecityofStillwater, millet organiredby the local chamber of commerce took in the Oklahoma, are both Innovators when it comes to regulating home occupations issue its 1991, working with John Wes ey, home based occupations. But their strategies differ as much as AICP, the city's community development director, their landscapes. The committee proposed several changes in the existing law, New Hanover, some 40 mlles north of Philadelphia, Is It still. among them allowing two employees llhe old ordinance sl~ rural area dotted with unincorporated villages. In 1980, it had lowed novel: prohibiting all retail sates ithe old ordinance just 4,900 Inhabitants About five years ago, however, with the allowed the sale of craftsl: and setting strict traffic standards. completion of U.S 422, the township's population began to Early last year, The new ordinance was approved by both the gruw (to 6,000 today). At about the same time, the township planning commission and the city commission. code enforcement officer, Henry Clentmer, started receiving By mistake, the law was nevcr published. Only when Wesley phone calls from professionals interested In moving to the area tried to enforce the'noretail sales' provision did the particulars Ind wondering about the , yslity of working out of their homes. of the proposed law bece:ne generally known, attracting wide. Since then, New Hano: cr has worked .6th planning. ^..,ull- spread Interest-and complaints. ~ ant Michael Frank to overhaul Its toning ordinance, In(tiding 'Just obouteveryhemabasedbustoesspersonIn towttume its section on bome-based occupations The ordinance 0 at was to the next meeting of the planning Commission,' says Wesley. completed In 1990 created seven different categories •,f home The meeting even made the television news In Oklahoma City. occupation, each with it sownststidards Unlike Frork'smodel Aso result, the planning commission formed acitt:ens'stoup to Ord'msnce, this one did wit Include bed and break lrets,I study the Issue, Eventwlly, the group came up with its own Early this year, New Hanover amerced its new code to once proposal. After a lot of back and forth, city planners and home again make most home occupations a',se by right,' requiring only business owners greed on the current, compromise version, tegislrationand a$25fee, Until the chrnge,snyonewantinglowork which became law on March 5. t at home legally had to apply for a conditional use or special TM new law allows any number of employees, AnytT1Teofretall exception permit, That meant golns through a heating before the sales, and up to 50 vehicle trips pet day, so long' o Z business local board of supervisor or toning board of appals and paytng for activity does not cause as nuisance to surroundtn property own- 11, loo. iCosts ran about SSW ) 'Home day care,' 'trade business,' er,' harm 'the peace, health, or safety of neighborhood residents,' And'repsir services at other' still rqulre a hearing, or change'tha residential character of the neighborhood Unlike New Hanover's ordinance, which defines and stir The Stillwater ordinance defines home-based businesses atandardi for various types of home occupations, the home broadly- at'any occupation or business activity' that 11 01111:1- occupationordinance Stillwater passed this tiringdealsalmost dental' to the rallsntiai use. With that as a startingpo lot, exclusively with effects. It sets no standuds reladng to the residents who work at home need only keep a low profrle to Conduct of business Inside the home. remain within tha boundaries of the law. Stillwater, located midway between Oklahoma City and Mary E. floreua Tulsa, is a college town with a population of Just under 59,000, Including Oklahoma State University's 18,000oudents.Atom• PloremaIs &writerin hwson,Whconsln,who worksoutafher home. I In 32XIO 7.) e 0 Y L A IT N I N G -....R A C T I C L :nt of a dwelling should be words, In the residence of the f r. r,l ",6•.r'I ~ • r lowed to conduct business princip:ll practitioner. It must n the silo. Signs, lighting, and r l be carried on indoors 1 t • ,s:, a.,,•.. •,r r;,,, , „s "ra ,r'.I,J .L.I•Ji ,l r: .,i ,{r 1'..;.,,',.1,1-i:. Indow treatmcntshouldnot ~Thcuumaynotexceed eallowedto clilfrom tile 4oo square feet and at Icast :slclential character of the p;n squurr feel must remain ri;hborhood.illosllnllxirtant in Iebidcnlial0re. ri ~_1 ' ,I rking for con, oercial No ehnnpcslnu}'be nlade -hictes should be strlctlt tel nllcr the lv;idrnlial eharae• dpuleted ter of the buiIdm ["he ordinance supl+lies In 0 Onit'omr: i;nispermitted. neral mend,lyds +ahich •I+ cml❑,cni;d5chiclcsnltim to atl hove occupations be k. pt i-1 1 ¢,li,pc ' •Ilie honlenC<:kyoliollmu,t If,it '1nu1relo parking ~I',~ :e,.InJueledIt hnln;-iuntha r- ill 111' 111 Ir.1 Parkinpar• nsr 1 is /"'~Ire~l_ ' 1 .-mss 1'r•.,+•1 ~X:,~-'.~! I cos r1Pa5! Lc ;it rasl 117 feet dis toad over tha past fl'.e ---1• • frr~n, the prnparth Gn•z anJ )cars ha,! been able in find t' lobr•Ilhthree„rIrnrresp.r:r'S Iles,' full lima jobs Aruumf II mLSthds.r"iia'Ibvl,cdpcs,.,I rarccnltookport time murk. y fences Anolher eight percent Ir le r I No extoriur storage is selfenlplvped perhapsbranrsr - I l they haJ noother choice.' The • N'crkdmlhrod ucc smm se. future is likely to be egwlly vihr,ulon glare Niles odors bleak. The American Alarlop. dust or cleelrkcal trnterfer meal '.ssociotion last fall sur• A ~ f ence0ithneighburs' mlioon.l eeved 836 companies and re. tele\ i6n I'cceltels l5 51r1i11t' ported that 21 percentplanuo 4L rrohilrlted. cuts oet5veen Jul), 199: Ain't r r s The list of home ucclrpa June 1993 •r' Iloasspe;ificallyeschldesQlesll Such figures sugjest thntsip , uses aninrd hnrpitals com• nificantnumbersofAmericans rr Intw; is kcuncls luncrulpallirs aih IraSC' to rely un their 011 n l 0 ' orundcnakingathhtishnunls. resources, rather thin an em• antique shuts restauranls plover, to make a licdng. And roomin¢ houses, daluhlp that situation will affect Ihr J, schools. a ld wort412115 CCUI101111ClSAhlhll'Of manymm 0 AruninAimmitk1e.b4irc'I muniticsas well It's timenm% / for all ne'c accessory Kmw torl:xalgovtrnmcntstochan;te 161rki lpl, r,i l,, r,;• l:r fLrl, f r;, l, Ile Jr "I'! occIll,41Ul19 and forallellan.~c's their rolling codes 10 rafleet "'Whir t1; 7,, .,:Itrr. Iro l:u:r:'f „Hn . N ,n and e%pans Otis these new lrends. ,III.Ip.1,W,I:IV•,r411,1171ri G•,rt, sod,. I.. hurl.' last Novi,mher. Jllne grl'am unrk,'r 1 .11, ,1,, , ir1. 10 ,nr„? 011, rh „r rJ,; rhnrv. •Sllrhoel Frank is s planning Cori- Quinnl5role inNeu%lIcv Illm sulla;vin Dllies:95rn, Penrx)kd as of JaImua r}• IShI r loss 111an Ili., He is the former eunmu,n 1, half nr the; Ii Ilri it n.n tv, •rker+ ,,r,.,.,'., ,dH ",r of P'r,•4r C„1.,.,r s 0 41CQ ECONOMIC DEVELOPMENT DIVISION 's F W S I W S AMERICAN PLANNING ASSOCIATION APRIL 1997 coNrExrsr Home-Based Business and Welfare Reform: The Case of the GWM Market in Richmond, VA HoMe•BascdSus~nets ~ and Welfare Rcfomf. r.,h, by John Accordino In recent) tars, increasing numbers of poverty, the success stories arebeginningto Home•8asedWaktnd ' statesandlocalitieshaveembraccdhome- addup.' the Community ;,fY based, micro businesses as a path to Welfare reform puts additional s economic development in low. and pressures on low-income people to find modetPiamingstatutei; moderate-Income communides. According employment and often inmarketswitha Released 6, totheAspen lnstitute,by1994,195mlcfo- dearth of moderate •skiiljobs.I Home- businesslending programshadbeen based businesses may provide a solution for wc'reNowut7nhne;.6 created in44 states, as,;Mng in the creation some welfare recipients, or at least furnish and growth of over 50,000 businesses. them with skills that u'illhelpthem toget Although home-based businesses are no full-timejobsat well as supplement the low MemberSuney .:.7 panacea for persistent, inner-city and rural (ueC1ti'b111farketpajep Hotee-Basedwork u Home-Based Work and the Community by Kathryn Stafford, Alma Owen, and Suzanne Loker PASIheNeW RcpoM I Home and employment spheres overlap In obtained from astradfiedrandom sampleof atitypesofwork, It can be very difficult to 899householdsinninestates with Income PlarmerRuGk Lydiarq, ~ ftndaclear-cut line betwcenthetwo. For from home-based work.' Atleastoneadult ^ lemisoa s:.:12•, home-basedworkers,however, the two in the household worked at least six hours spheres lineup in a very closejuxtaposition, per week or 312 hours a year in a job for The number of home-based businesses has which the only office was at home. The Netwnrsing utd ' ` bcenontheIncrease raisingissuesof adult must have been working atthisjobfor Eapertlsi......... II legal ity,zordng,andconllictover useof at least a year. Armingorprod uction space. lnspiteoftheconcerns,some agdculturedidnotqualifyashonw-based fnviwdoe for states andindustriesarebe8tnningto work, butval ue -added agricultural activities Plansa ra.;j Projects... recognizetheeconomicadvantagesof did. The prevalence rate was6.4ltrcent home-based businesses In termsof lower of households. Approximately 73% of the Tr.-t overhead costs, particularly forbusinesses sample households were supported bya Conference C+ier"'r'4 in early stages of development, home-based businessand25%byahome- The followingdatsonthe lmpactof basedemployte, _ Newhfemben °t...A home-based work oncommunities were (rtcCommunity gage 2) ~L 1 3210 e 0 NEWS & VIEWS Comniunity Evcnthoughfwniingwasriot problems ith laws and reonrinuedfrom page It counted as honte-basedwork. regulations a.., --,ntrvsize. Abdefovervicwofthe 7erofhome-basedl orkerslivcd These results could in,licate ow. characteristics of home-based on aworkingfarm. Despitethe the sampled home-based workers workers and tnecommunitiesIn fact that 70% resided in a county could have tailotedtheirchoiceof which they reside is a useful which«aspartofaStandard profession according to the introduction to the subjectof \letropolitart Statistical Area. existing frameworkofzoatngand home-basedemployment and onl)NIcsaid they Red in a regulgtionsalreadyinpiacein economic commurtityof theirrespecdvecommunities. development more than Thelmpactofhome- Eighty-five r'7onfngdrdhtanres 2,500people. basedworkoncommunity percent of These ambiance is mini mal.Traffic home-based havenolkeAtPacewith characteristics issues were evaluated by workers we to I Indic ate that measuring client visits to the home married and hedramadrally home-based anduuofdelivery services. 87%oftheir workers lived Almost twothirds (64%)ofthe spouses worked thartgtr~g►ldnrreof intheless sample sawcliontsathome. full-&m. About 3 ' S 1 populousareas nose Iivingintown oflets than 26%ofthese ►Jorks'" * t+s, of their 2,500 people were most likely to home-based counties, se e cl it nis at home; those in large workers al soworkedouts!dethe The distinction between cities least likely. Those In clerical home; 615 ahadworked ouiside ! work and home blurs Inthe and ad ministrativeandmanagerial the home previously. I lnfonnationage.Accordingto jobs were much less likely to see Home-based workers Edwards Arid Edwards (1994), clients at home, butif theydid, were longtimecommunlty "zoning ordinances have noikept they saw them *uently, In residents. Thirty-eightperccntof pace with the dramai ically contrast,77%of those in thehome-based workershad changing nature of work. Archaic professional andtechnlcal lived in the'trcommunidesforover ! laws treat non-pol luting, occupations saw clients at home, 20years. Eighty-seven percent unoblrusivebusinescesUe but seldom saw them more than were home owners. Three someone typing on a personal onceaweek. Puralhome-based fourths ofthemhadlivedintheir computer as ifthey were Wal- workersweremore likely tosee commu ni do s longer than they had i Marts or factories." For clientsathome, Withrespectto beeainhome-basedwork. example, zoning laws in Los the second measure I isted above, Twenty-threepercentof the Angeles and Chicago currently only 13% of the sample had households in the sample had i prohibit home-based businesses, suppliesdelivered. more thah one home-basedjob, Nevertheless,few(I2%)home• Another way to look at and some had as many as 51 x. Al I based workers in the n!ne-state the impact ofhome-based work the so charac to 6 stics indicate a studyreported probleniswith on local Communities is to populationforwhich hfestyieand lawsorfegulatiors. Qfthose examine the goods, services and place of residence were strong who reported problems, the three jobs provided to the community. influenc•,ontheuchoice of main areas ofconcemdealt with Eighty-eighipercentofthehome• r home-basedwork, proper waste disposal, state and based business owners sold most +1 Anothersalient federal taxes, and licensing and of their products or services characteristicofhonte-baud storage ofhazardousmate Halt. thintheustate ofwithin in workers lies in the size of the note was no relationship hour'sdrive of home. Further, communidesInwhich ttteyreside, ' between the frtguencyof about 87%ofthe business i' 2 2f~ r. 0 32XID I i • ICI 0 APRIL 1997 owmersboughtsupplies within higherthanthepersonal income any case, the impact of home. their state. mentionedabove, basedbusinessesisreal, Th- Thesebusinesses are also Given a mean household remainingquestion Is:canwe consumers of goods and services. IncomeIa1988of$34.017, createaleg&Iandregulatory Al I of the m used local post home-based work contributed (ram"orkwhere commutity,as offices,Irocery stores and 3.4% of total personal Income. well as individual benefits will mcdicalfacilities rorroutinecare, By comparison, nonrarmsole be maximized? OverM of home-based I proprietorshipscontributed3.9% businesses used theservicesota j of household incomeandfarming References Lank and they traveled about 10 i contributed 1.8% of household minutes to get there. Almostall Income. Edwards,P.REdwerds,5.(1994). used supplier services. About Inadditiontoits Govcmment%ageswnronthe 5oH0 (small off cclhome off ce l movement. half of them used accounting and contribtttiontohouseholdincome, Points West (Special Report. 9"5-02• cop) Ing senices. Over 3 1 % the contribution of home-based A).Dcnver,CO;Center fortheNew used iegal sen ices. warktotheeconomy canalsobe west. !tome-basedwork1s not gaugedbyccmparingthegross pcripheraitothe1ncomestream of and net income ofh,)me-based Heck,R.KZ.,Owen,A.J.,E:Rowe, B R. (1993). the U.S. economy. Using the bu;inesseswithcomp arable EmpkymployrnentntondandFanillyLiFamily Li fa rl,trrn%erdefinitionofhonw- figures reported on federal tax Westport. CS: Auburn Howse. bowd~%orkfrumthenine-state retumsbyvarioustypos of Stud) iic.atleast312hours per businesses.. lsreportedontheir >inkry.B.w.t19SSy )car,mdnoother office l, tax r:•ntrns,l-,omebased Fntreprcneurshipand public potic~: Can posernment stimulate busloess 6.077,576 households hod a businessespumpedaneAmated siartup0.NewYork: Quorum 9ocks. memherengagedin home•bosed $247 hillion of gross income work. Ifeachafthesemore than dire.tlyinthecconomy,37%as r+,edata i,trecortrrtedapart olonir,e• stzrnillionhousehuldseanied mucha;nonfannsoli !are rrnd.,eondaaedby VJNpartme,a 517.01, home-hasedwork propriciurships,53q as much as •r4priro'nrreRrPonalrerhnlcol cooinbuted5108.4bi11iondoltars p;irwer4irs.and much cvnewfwn. /impact nn Slanapemrnl, In net personal income in the U.S. nsoll coptii atioos. Pn Mlac if, in and Srobtli,y B, Rm rai't'rbarr econ,m),The mean net income LirticrItwasmcntioncd ramirler°rho in+Avwa,partially u,pparredb, Av,larlan.r alHawall. fintnhtsme-based work was that somastmesundindastriesare lo,.a.LtncolnUnirgritty (hll„our!).M1'~,' 520.119 in urbanareasand heginoingto recognize Ow ibrkObro, PennsOl'arda.Utah. Ilern,ant, * 513.673inruralarea;. econumieadvantagesofhome- andrlrV-SDParrmenipfAprteuln+rr, Inthe process or based businesses particularly for • screeninghouscholdsfor businesses In early stages of Tile !r/onnationlnthis article is earracrrd lrom charter 61n Hame:Mflrrd eligibilit)-.intcniewersaskedif development, In some cases, the 2,Linfniiii and Eyail as cited in the somconeinihehouseholdwas home be cot i w % a n I n cu ba tor rot references. Fortherat/armadonaborafie engaged in home-based work. If businesses whichlaterlemethe t,,n,kconiribu,rono/home-baurdwvrk nia)belomullealorrhrominpartictebr the percentage who responded home and become larger No „e,Haptes,ASrayordin Emiimk "ycs"tothatquest!onwcrettsed corporations andfirms. These, in t Deerlapmrmt0uetrdx Fora • to imputeanotional estimate, 9, tum,augment and strengthen their P,ep,rhllrarloncopy gfAllnrann,c,ipr, • • and a SASd to Dr, Darbara Row t 11dJ 017,224 householdsintheUnited respective communities. lnother manhe%1halLRm.J14,Pig rdae States vvouldhive atleast one cases, they re ma I n 1 n the home Cniver,to,nes,folayme,IN 41907. me i nbe r A ork I n g for pay at home becomingameartsofsupplemenl Xarh,}nlrnjJoedron be reached of 1761 and the corresponding impact on andstrengthtothecommunityon A-etlAle,eolamba,,OffM10ort.mail the economy would be 4851 omicro- orhouseholdscale, In Stafford.leos,adu 3 - 19wl> ~C:J 32xI❑ 0 I~ NEWS & VIEWS GWNI Markel get some products that are not upon its products and personal fconflmirdfrompagrl) a v.- " ible at the conve nie net Service.Thebiarketiswi11ingto wage s they are I ikel y to tam at stores. Store importantly, the t orderiitmsthatreside ntsrequest, suchjobs. Market se I I s the bu I ky i te ms th at and residents with special needs The Gilpin, Whitcomb, are difficult forshoppersto are given special treatment, For Mosby (GWM) Market,% hich transport on public buses from the e xample, since many of the sell s househol d goo& to publ ic grocery store. TlsisIsespecially elde rly reside nts are di sabled, the housing reside ntsinRichmond's ! Importantforthemur,yeIderly Marketstaffhelpthemgettothe inner-city neighborhoods, persons who live in puhlic housing Market, and th en delive r the ir provides one exampl e of how and in nearby elderapartments, purchases to theirapartments. home-based businessescan The se people are easy prey for The GWM Market is staffed perhaps serve the goals of both i muggers, and many do without andrvnentirelyby20public welfare reform and communiry housing residents who work part. development.Butthecasealso - , ly ?xa,,r time and receive a $75 per month iilustratcstheneed forgrant e°ry'a stipend. Also, one resident is funding, technical acsistarice, ,lrhbughtr~reterfrJta t~*' paldasafull•timecoordinator mentorship,andbusiness , air + r+~~. ( andoneisemployed asapart- communitysupport, tolaunch and tikerlrose'ofrriorEmt~~ra r timeddverlsiockperson. Almost sustain self•helpcommurdry allofthestaff areAfdcan- development initiatives through American mothers or the early years. I buiiheltei, art rrw is grandmothers, all receive some ` The GWM Market is a l' f formof ublic assistance, and store withoulwalls.During we j economfcandsoclaf i abouthalfhave nopreviouswork Rrstfive workingdaysofeach experlenct outside the home, month, the Slarket sets up shop in I hay beensfgnocahr royiuY;! Four of the wome n c u mently hold eachoffivedifferenIpublic low-wage serviceJobsarineed ho u s ing projec ts arid In ni ne the $75 per month to help make subsidizedapartmcntbuildings for 10,4! ends meet. Through their work the elderly, In some of the uiththeGWS1Market. they buildings, a community recreation even the most basic items, rather have received both formal and room or empty apartment is used, ' than Hskbcingattacked ontb& Informal business training. In others, the Market camps out ay to or from the store. Althoughfishaln~ingand in thelobbysvithboxes,acash The Market opened in expedencehave not yet translated register, and a table. Itselisnon• t January 1995 in three sites • into full-time paidjobs, the perishable items, such as Gilpin,Whitcomb,nndSlosby Market plans to begin cycling the toiletries, laundry products, Courts. Duiing its first yearof volunteers out of the Marketinto personal hygiene products,and operationsitgameredover full -time ,patdjobsbyMay1997 cleaning materials.Itbuysits S 14,OW in sales, with a pront or whenwelfarereform takes effect. stock at wholesale prices from a ! about S 1,000. By July 1996 it lit hope is that the women's locally-owned, inner-cirygrocery had expanded to the l4sites it enhanced self-confidence And chain, currently serves. Although its I skills, as well as some career r gf Because thepdcemark-up revenues, like thcseofmost counselling providedbynearby is minimal, customerscanbuy micro-businesses, are small, its II VirginiaCommonwealth qualityproducts at substantial economicand social impacthas University(VCU),willmaketheir savings overrhecomer ; been significant. Seniorcitizensin job starches easier. convenience stores, and they can I particular have come to depend Unlike most micro- J ` 25 I 0 32 x o APRIL 1997 businesses at this stogeof Metropolitan African American question, ifonlybecausethe deselopment.theGWIMMarket Baptist Churchsddcd$2,000to Market staff have more skills and has already receivedrecognitioa help withstan•upcosts. The self-confidence than they did foritsefforts.Itreceiveda1996 local business community has when they began theeffort.The Award ormeritfromiheNational helped as well. The Community : case of the G WM M arket show s Asscci ation of Hou sing and Pride Food Store chain provides that with self-help Inidalve, RedevelopmentOfticials ! goods atwholesalecost tothe outside assistance widfinancial (NAHRO), as well as a 1996 Market, and twolocal businesses suppat,commanitydevelopment. AwardofExcellence fromthe have provided occasional advice and perhaps evenwelruereform, Southeast Regional Cooncilof and consultation. In September can be enhanced by principles NAHRO. It also received the 1996, the Market received a founded in home-based 1996 Neighborhood of the Year grant from the Richmond Catholic li businesses. awardfromtheCity of Diocese's Campaign for Human Richmond. Development to pay an Although the GWM honorariumfortheservicesofa I Cited in Liss Servow"The Market's success to date is due part-time "business shepherd," i Potential andLlmitsofU.S. largely to theenthuSias tnofits whohashelped thegroup re-do 9croenterprise staff,ithasreceivedvit31support usbusinessplanandisteachino Programs, N.- wsandViews, from the non-profit. higher them purchasino.pricing.cash January 1996. education,andbusiness management,andmarketing skills, communitie.s.The ideaofthe aswell as basic computer literacy. 2Chicago's Wonitn'sSelf. i GWA1Alarketwashatched TheMarket'sprimary goal, atthis Employment FundIsoneexcetlent during monthlybingogamesheld point, is toimprove pricing and andweG•known by the Parent AdvisorrBoardof oferationsgenerally,tothepoint example. See Patti Wolter; thcG;ulieldF.ChildsMemorial wheretheMarketcanweanitself "Women's Self-Employment Fund.anon•prntitcorporation of grant funds. Fund Coming FuUCircle," inThe thot prov ides tutorial sem Ices and The OWS1 Market is Neighborhood Works, December culttu;denrich,ncnt tlviticsin al-eadyacommunityd:velopment 1990-January 1991, Richmond' -housing success, vv ithpositive impacts projccts.I wmonthly bingo extending a ell beyond skills 3See, forexample,)on)eter; ga;ncsoffered household dcveiopmentandbettergoods "Lack ofEntry •Level Work UPS products as priies because they and services for residents. For Maryland aresuexpensive in the inner city, example, the Market has begun to Wel fare Re form: Most New Jobs andthisstimulatedtheparentsto break down the animosities Require NghSkills, Study Says." • considerhowtheymightget such 1 among thevarioushousing The Washington Yost, December productsailowercosts. projects that gang warfare has I1, 1995, The Garfield F. Childs caused, As the women get to Board agreed tesponsorthe know and ttusteachother, they project and arranged for ten learn that each one hasbeen parents toanendafew special touched in some way by the • business cla.ssesatVCU.Atthe violence thatragesintheir lohnlceordina,PhD. AICAis • same time. a psychology communities. Whethettlte AJJOtIottProfel,orofEconorole professorat VCUauthored a Marketwi11also helptomake Drreiopntent Policy and Ptannlnf ar P ►7roinlacommanreallhUntserilq•, successful grantproposal to the welfare reform succeedremains In Richmond.` Herurrently9MMa' i' Community Foundation on the to be seen, but there isseme Chalr 0/the Economic Derelopmenr group's behalf, and the reason for optimism on this DhiJlon - S Y 2 5 K 32X10 r n I w I ~h I . NEWS & VIEWS APA Releases lst Volume of Model Planning Stattacs State and local governmentsno approaches that can modernize ! sProcedures forreviewinglarge. longer have to rely on outdated andstreamlineezisungplanning I scale desclopmenis modelswritten as longagoas the legislation forallievelsof 1920s for drafting new planning govenvnenL New approaches to tax-equity laws. To assist them, the devices. Amerieaa Planning Association What is in the Guidebook? (APA)has released new model How to Get The Phase 1 planning statutes aspartofits Model statutes In the first volume Guidebook and Other Glowing Smart"'project. The of theGtddebookaddress state Information project isamulti-yeareffort to and regional planning, inter. draft the next generationofmodel governmental tat equity issues, The LeglrlariveGuidebook for legislation forplaaninginstates, and the processfor Initiating the first phase oftheproject may regional planning agencies, and statutory re form. HigUghts be purchased for S 16.00 from locaiFmcmmcnts.Themodel inclub.; APA's Planners Book Sets ice, actsa), v, with supporting 122 South btichiganAvenue, commentary and research notes in d Legislation forestablishing state Suite 1600, Chicago, IL, 60603. a 381-page Legislative planning agencies and state plans. You can also place an order by Guidebook. Preparation of the calling (312)786-6344.makinga Guidebook beganln(Mober •Organizational structures for FAXrequest (312)431.9985, 1994, regionalploruungagencies. TheGuidebook aIsaappearsina The model statutes will portable document format (PDF) provide governors, state •Descriptions ofdifferent types a I A PA's Wort d Wid e We b s ite legislators, local and appointed of regional plans. for theprojcct(hup:11 officia]s, profession:d planners, www.planntng org/pAginjo✓ and citizens interestedinreforrn Innovative land-use controls growsmar/gainde.r.hrmfj. with alternative statutory We're Now On=flneff .'Y !ii. The,Economic Development members and others who share your dame atd al addrls3t}l , Division offers planners and interests la econbtitte and she will sign YOU 0. ltyou t*j econom)c developers a new development, If you have M a would li1e additional lnformgt*~, chvseelforpmfesslonal mailaddres3,pleasejotnusl f96 contact Becky, Ke oommunicetion.Tbise-mail canjolrtauio6uticailyby4ndutg" discussion group witi allow us to an a-malt message to Rebecca M. to 'M convcnicndycommunicate toall LMSUV4Lf0ACC.UCiA~DU UatyersityofGeorgia]a Participants simultaneously with The mes cage tlauld say only:: - tttt ch servi ' % 1 '6' V questions, armouncernents, BroadS,t. {1 • • legislative issues, and resources. SUBSCRIBE F.CDEVAPA Athens, OA 30602.5412. dnsertyour eame> Bocky Walden will be voice (706) 541-6780 Cax f / tavritahUng the list We Invite Altemadvely, you can call or e. (70.6)542-6803 a-41 pvtictpationfromalll;tvision riadIk kyWioders,glvltiighat rwinderrtlpugrr.te,ugae ti . 6 in- 32XIn. • o APRIL 1997 I Member Survey A number of people have asked that we find ways for Division members to learn about each other's work and to communicate on items of mutual Interest. To this end, we're updating the roster of Division members and 1 making plans to go on-line. Of course, this effort cannot succeed unless you participate. I Pit= type or printyour answers to the questions In the survey below and send the survey to John Accordino, I Division Chair, ASAP, in one of the following ways: I F rrw: j accord! 0 satum. vcu.edu Far: (804) 828.6681 U.S. mail: John Accordino Department of Urban Studies and Planning Wginla Commonwealth University 912 West Franklin Street, Box 842008 Richmond,VA23284.2008 I (1) Your name (2) Occupation 1 ~ (3) Name of businesVorganization I . ~ 1 1(4) Street Address I ' 1 (5) City (6) State (7) tip (8) Phone (9) Fax (10) &maii - - I 1 j Other APA Divisions to%Nch you belong: 1 • • 1(13) I - - - - (rurvoy eonrlmotl an polo d) 7 I! I 25 .x 1 0 32xId , • 0 NEWS & VIEWS (Sung, ronNnued from page 8) Your special interestlexpertise in economic development and planning: (14) I i 1 (ts) I (16) I JI On which topics would you be willing, generally, to make a presentation at an APAconfere net or similar gathering? (17) (18) I ( (19) I I On Which topics would you be willing to give expert testimony to a legislative body? (20) I f lil (21) I (22) I Should the Economic Developnient Di%ision establish some kind of on-line capacity? Circle all that apply: (23) No (24) YES-Web Page (25) YES-listserve discussion (26) YES-other (describe) f ! Wouldyouparticipate ine-mail communications? circle: (27)YES (28) NO I If yes, explain %hat you would like to get from this communication: • (29) (30) If no, why not? (32) I Your coraments about this surveyor the Division: i j t Thank you for your participation It , - 2.5 0 32XI❑ I 0 APRIL 1997 Home-Based `York and Zoning l thiseraoffiscal reform and ! lirnits,setbacks, andlotcoverage I addition, business owners are not downsizing, many cities and requirements. pemtittedtokeep inventory on neighborhoods are looking for ! The BaltimoreCity the premises. This definition innovativeways to create Zoniog Ordinance does not supports telecommuting but ccoriomicandfinanclalstability 1 permithome-businesses. The prohibits most types ofbusinesses forthemselves.Similarly,many ord I na not does, howe ver, allow typical of less educated, low people are looki ng for c read ve "home occupations,"definedas income residents such manual arts ways toemploythemselves and follows: orcrafts. provide forfamily needs. One Sandtown and Harlem result is the increasing national Acustomary occupation or Park arepredominatelyzoned ire rid towardseIf-employment, profession conducted by a member residentialandcommercial: theR- ofienw1ththehome servingasa of the inunediotefamilyresldingon 8zoning district(general base of orations. the pre .eonceming %hlch~ residence); the B-1 zonIngdistrict operations. (it) there e Is Is used na sign other r than We Studied the a nameplate, as permitted in (neighborhood business district); communities of Sa idtowrd Chaptef 10 of this ordinance, or no the B•2 zoningdistrict Winchesterand Harlem Park/ display that will Indicate from the (community business distric t); and k Lafayette Square in Baltimore exterior that the building is being I I used, in whole or in port, for any the 6.3 zoningdislriet Cityawodistressed urban areas purpose ether than that of a (commuttitycommercialdistrict), Home occupations arepetmiited alrcadyimplementngrexitaiization dweu;ng;(b)there is no commodity effons.Wemetcommunity sold upon the premises;(c)no i. allthesezones. leaders from both areas and key person is employedother than a players (public and non-profit) In memberofsheimmediatefantily reslding on the premises; and (d) • Baldmare'sbusinesscornrttunity. ! nomechanicalorelectrleal Disadvaniages ofHome Presented, here is our assessment equipment is used except such as is Businesses of zoning regulotionsas theyaffect ! nomtalIyused for puelydomestic home-business inourstudy or professional purposcs.t Neighborhood associations often neighborhoods. raise objectinns to home- Zoningisthebasicmeans The Baltimore City Zoning businesses within their ' o f I and use con t rol for I ocai Ordinance permits home communities. Many who are " govenunents,ltspeciftes occupationstooperateasan Interested in Preserving the 0 petmitteduses, density accessory use toany dwelling unit residential natureoftheir regulations, andbulk restrictions in residential, office-residential, neighborhood look to zoning for buildings indifferent districts and business di stricts. Home ordinances toseparate of a community Permitted uses occupations do not require a use Incompatible land usets. Some fall into residential, commercial, perrtut.However, ahume potential disadvantages ofhome- industrial.andagricultural mcupation must be very lirrdtedin businesses: categories. Density regulations I scope with generating no r specify minimum lot sizes and the additional employment and a Parking ••Home-businesses matimumnumbcrofdwelling pemuttingno on-site sales.ln could increase trafficsnd units permitted per acre in each parking problems witltina / zone. Bulk restrictions areheight 'Sea 1).0.1(4J)oftheOatrtmoreCity Zoning ordinance free Zoning past 10) 9 ej~7 xQ 32 X~❑ MOM NAML~pp%AL-ANSALMMAL-~M9%BLMMLMmr-m s a+rbrsui - O a~isat?o NEWS & VIEWS Zoning home•businessescontinuesto notifythepublic%henthesetypes (ronrlnrredfrowpage 9) grow. cities throughout the of businesses areopeneu. neighborhoWduetoclients country have designed zoning Finally, the numbers ofciients, and delivery trucks; ordinances that pemtirthe customers. anddeliveriescoming operation of home•businessesin ' to home-budnesse. should be • Hours of Operation Business specified zones.Mostofthese limuedary! prohibited uses for hours might be incompatible ordinances provide regulations i home•bu,lnews should be withthenormal rhythmsofa thatgovemthescope s:the specifies, corn tnunityaslate nightorearly business pcirrtitreqjirtments, Low-income urban morttingactividescould disturb employees, clients, deliveries, neighborhoods, such as sleep; parking,signage,hours of San dtown and Harlem Park, h ave operation, impact standards, agrowing need foreconorrtic • Noise -Theoperationofsaws salcs,andprohiblieduses. reviiali zation, Now that the anddri I Is for a woodworking Judsdietionsthat addressthese notionaljob market has switched shop areoneexample of topics have successfully regulated from induqtry-toservice-based increased noise as;ociatedwith home-businesses sothat employment,rnosturban certain businesses; nei ghborhood impact is minimi zed employment requtreseitheran whilehome-businessouners advanced education or has little • Signage--The display of signs succeed. In lightofthisresearch, roomfof growth. To balance this ralsesconcemsaboutahering werecommendasetoftoning problem, other forma of theresidentialappearanceofa changes forhome•businesses•- employment mustbecreated. community. originally proposed by Mode Home•businesscsareavital Mord,,on rhatwefeel compomentofj strategy to Ultimately,propertyvalues may BaltimoreCity should implement. promote self-reliance foranyone decrease if these problems occur Toaccommodaienon- with the desire tocreatehis orher in a neighborhood at traditional living arrangementr,we ownopportunities. unreasonable levels. Toavoid recommeadthe Those confrontations withneighbors and Citytetany anticipating ciryofficials,many home •business personlivingina SW1111gah-ne L]onte•btufneaser ou~nerschoosetooperate duellingunit jL business illegally, APoticyalternative conductahome- are nn achievable encounter could implementsafeguards that business. "Home y.,;4 various assure that legitimate home. occuPations"as disincentives tonoinfcgfroltg4fa bu si nesses operate without theCity currently thatchcn S . adversely affecting theresidendal definesthem.and morlvalerfptople,In afj* , preevventthem characterofaneighborhood. otherhome- i w pfneef.;, r .ry httplem"ing businesses, should baclassifiedin their ideas. ZoninglhaIPermIts11 ome- twocategories. Presently, Business The first wou Id conventional, penrit employees and customers r Euclidean zoning sets as it battler O Wereviewedzoning tocorctetothesite,andthe to the development of new, oniinancesfrom manycities to second would not. In the first legitimate businesses, Many learn howotherjurisdictions category, sales ofgoodsshould cornmunities resist horne regulatehome•based be permitted. Permits should still bus inesses because of k It occupations. Asthenumberof be requiredandthe City should potendaldisadvantagessuch as 10 32 x~~ 25 10 C t APRIL 1997 parking, hours ofoperation, noise andsignage,Yetdifficultic. PAS Releases Five New Reports created by these issuescan be overcome. Specificzoning APA's research department in Chicagohis released fournew recommendations can improve Planning Advisory Service (PAS)Report;Inrecent months. Copies the economic environment for of PAS Reports art distributed automatically to PAS subscribers or micro-enterprise while rninimizing are available individually through API Planners Book Service. the distress atthe neighbors of home-business ownets, Planners' Salar es and EmploymentTrends,1995 Home-businesses are an PAS Report 464 achievable economic strategyfor byMary aMorris,AICP motivated people in Al I places. Succesohingesonpromoting AdequatePublieFacilities OrdinancesandTransportation cond i t ion s th at are favorable for Management thosewhodesiretomake PAS Report 463 opportunitiesforthemselves. by S,MarkWhite,AICP j MINIthome-business isnota I panacea by itself, it is a sound Planning for Hillside Development complement to other economic PAS Report 466 de%clopmcntandanti-poverty by Robert B.O1shansky, AICP programs. A PIarnersOuidetoSustainable DeveIopment /Fork Ciled PAS Report 467 Kevin J. Kri zek and lot Power, A1CP 1s1 orrison, Hillorie. "Recommended Re I I %iom to Baltimore Cityl Zo min g . CreatingTransit-Supportive Land-Use Regulations; O oe to Lc gat e more Types of lWrnics." [stemotamd urand uunto to ACompendiumofCodes,Standards,andOuidelines me- businesstses" ProfessorSlikeNilleman,Uniacrsity PAS Report 468 of Starytandat BahimomLaeSchool Edited by Marya Morris, AICP l lSeptcmt+er 1991!. PlanningAdviscry Service Approximately 1,750 planning agencies, consultants, and educational . Institutions subscribeto APA's Planning Adviwty Service, The rhb nmrte ii part Lfa irporr rnrnpited in service has produced 467 PAS Reports since 1949-research rni,Priiduu+rttudnibIII the Vrl"rnSrwliri monographs that provide practical solutionstothe problems planners nmtPlaeo0qProgrwnnrtrieVnnrrdnof face t%cryday. Achronological andsubject Index toPASReports is thint,md.CnllrgrPark The reItioch° available free upon request. Published at the rate of eight per year, hrrrdon My it rbai rrunnwairir, In 8rrhinrnre, dlrrntnnd•• 140 11.161 receive new PAS Reports Immediately upon release. udr,t lnrrnFear,odrlaonnirerbiarliteroiror Subscribers alsof"W'ethePASMemo each month andcantapInto eerierrmidpu!)rrunr,lr ismvputhree• APA's vast collection of planning reports, ordinances, regulations, O?U vur pr ur6e od. rnntl, the rr report that d >,virrddmd to wri p, n,unge andverticalfiItson373 Planning subjectsby calling theservIce. PAS „rria ti I, rme rpris r to 1110 nuJr re se arc hers answe r abou 15,000 in qu Nei a ye ar, whi ch keeps the ndghborArmlr.Formote b~nnnmiun• serviceIntouch wILbreal world plarudngproblems.Subic ribersmay ruararrlanjrPro$rrurrheUrlatnlni,!!n nndPJunrtfngProjn,m, VnAerrlp rii" olsosubmitinquidestotheitevict viatheIntemetat truolnn t pasiaplanning.org• II 2~><~❑ 32XU , 0 NEWS & VIEWS lanner Ly'di.t Jendson, P P1.0file Planning Manager, Board of Conunisioners, Port of New Orleans As early as 1718when New projects a; the port. Without opportunity to work with people Orleans was founded, the port funding,evttthebestprojects from,nanydifferentdepartments became the point where goods and lmpr0%'tWtntsareofnovalue and fumsinvolvedinengineedng, and resources were exported j becausethey ca.notbe futancing.poliitics,marketing, fromthenewlycoionizedregions ! implemented %ithePortofNew graphics, shipping and and where other goods were Orl cans, the I arse st source of coordinating. ImportedtotheAmerican fund ingcomes fromgrants continent. The port Is whotgave through two programs: die thecitylire In iutarlyperiodand Lou IsIanaPort Construcdon Cap I tal Ou tl ay Req u e sts Iaidthefoundationsforthemulti. Priority Program, and Capital cu►turalismwhich isfound in OutlayRequcsts. This is another form of funding modem-day New Orleans. which comes from the state and Today, the port is still a point of which al lows the port to stay exchange of imported and Louisiana Pirt Construction competi6ve.Currently,theponIs exportedgoods. However,due PriorityPeogram working withapackage through to the large number of ports the Capital Outlay Request whiehdoltheshoresofNorth The port authority has worked Program which would make Amcrica,thereismuch withthisprogram rorthe last three possible $71m►Ilion for competition bciwce n ports in ycars andhasreceivedgrant%for Improve mentsontheport over attracting business, sevcralprojects. Thelengthy 1 the next 3years. One of the jobs of appl ications, often as much m Eventually, these projects planners at the Port of New three inches thick. outline the reach thetloorofthestate Orleonsistomakesure thatthe, current ma it or facii ►Li es.uhat 4Iegislatureprovided theypassa facil -tiesattheport a reuptodait faciIitiesartneeded. wharthe prior review. The review for a nd able to meet th e need 4 of bencfltsofaspeciiicoroject capitalrequests aremade, once modem ships and distri bu i W would be. Before the grant is again, by the DOTD, but are also 1 networks, Attractingand awarded it must be recommended' reviewedbytheOfficeof .'p retaining business at the port isa j to thefloor ofthestate lei! slature Administrationforthe0ovemor vital pan of keeping it alive and and received passing vote I ofLoulsiana. These applicatlons • protects the otherport•related i lowever.before the are normally submitted in businesses in the region. Asthe recommendation is made, ills Novemberancirtachthe planning manger for the Board of usually revlewedby the Louis1ma legislature by Spring. Commissioners at theponof Department ofTrunsportationand t New Orleans, Lydia Jemisonis Development(DOTD)inaddition responsible to see that the port loareviewilvenbytheLouisiana Recent Projects has the resources and Port andWoterwaysInstitute • • infrastructure it needsto stay which is parlor the Louisiana There have been several projects r competitive State UnivemityinBaton Rouge. which have gone through the One of the main tools she The port has seen a great process orarecurrently under uses to accomplish thislsto deal ofsuccesswiththlsprogram review. Oneofthe most recently sccurcfunding forimtvovemcnt and has given Lydia the imnItmentedprojects hadtodo In _ ~ 3243 • APRIL 1997 with installing afendersystemof pos s ible to accommod ate the Shehasworked Inplanningnow pilings. These pilings are placed I Increaseofcruise-relatedactiviry for 17 years. The last two of In frontofpiers so thatas ships I centered in thecity of New those have bee n as the planni ng dock, an y shock from the moving i Orleans. Thelmprovementson m a n age r for the Board of sh11 p I s abso rbed by the bu mper ! the site are significant because Commissioners for the Port of pilings rather than striking the ; they have contributed to the city's ! New Orleans. Beforeenlering substructure ofthepier itself. i renewed focus on the Mississippi thereldofplanning,however, she Other projects have River and the port. Lydia admits ' was a studentofpsychology, focused on improving the port's that the cruise terminalwas one of Concerning her psychology marshallingyards.Amarsballing the more enjoyable projects she background she amusingly admits, yard Is a large. usually paved area workedonbecauseitinvolved "It suits me quite well"Thlsis where transport contalnersare application of her site design skills becauseofthefact that she deals stored. The containers are she learned as a land use planner, with all kinds ofpersonalides unlondedfrom shipsandplaced In Future Projects wiII within the pob d cal and the marshal li ng yard where they involve securing furids through the bureaucraticrealmfound inNew awai I furthe r transport via ralIor IatemtodalSurface Orleans and Louisiana. Ithas truck. The cargo remains there TransportadonEfficiencyAct give nher agreatercapaeityto from several days to several (ISTEA) as well as con6nuing understand people and be aware months, depending on the with the previouslymeniioned of theirneeds and ways of distributionschedule. However, stateprograms, fare Prontepage 14) the sooner and more efficiently theportcanmovethecargoin InVitAtib11~11vi' .l'~. and out, the more attractive itis to 11 On ashore Personal Note , the businesses usingthepo^t.i'CO ft's 3 Oneoftheftrstpro,'ects Lydiamys that one of the most which Lydiatvasablelowork enjoyable aspectsofherjob BepaROfar,e oTt1C~L~ with wastheluliaStrectcrulse comesvvhenshegetstoseea symbiWill.The~rP. ' Terminal. E%panslonoftht projectenterthe approval DevekrprnentDivisignlvb d lcmtiinal,whichincludedadiinga process and eventually make itto like toInyrteit4,, secondberth, hismadeit implementationandcompletion. submltcaplesof ecotto»s{o dt~+e~ ' studlee: to announced in , I . , . ~ Networking and Member Expertise Ne,fg& vr~g.. , tsontn'but6r~ tlv~IW Linda E. Hollis, AICR of Taschler & Associates to Washington, DC, and Freep`reas ' has kindly agreed to scree as our Divisions Legislative Policy will beAeti IM111 "w Coordinator. Linda btingsswealthofknowledgeand experience In Pumlilid federal policy making to the task, so we art fortunate to have bee Mond 6* + working on our behalf, Butto be mati mally effective, she steeds lots of help from Economic Ytrgutitl C t, l Development Division members Please consider becoming a Policy UmYertsYt ; / 9!I/ Advocate on issues [kpait~lteal61 that concern you, To do so or to leam more about the Division's 'and Pf a,1ni` legislative advocacy work, call LlndaHollisat(900)424.431g,or 0.6 ,bozSd3 FAX her a note at(301) 320.4960. Richmond, x - kt 7y'~❑ 32 x0 amossumi loss r 0 Y,y11rYAZa ~ NEWS& VIEWS Pronle (con,L,tredJrom page 13) psychology, shebeganuorkin planningbooks. La t.,,:`• communicating. Jefferson P.uish(parishis the decided to Iakeacivil .,ervice In response tothe LouWanaequivalcntlocount)) examand she did quite well. questionofhowsheeeentually asaresearch associateinthe Whentheparishpianning got into planning.she says. " I parishlibrai)systern,Whilein departmentwas looking fore sortoffellintoiL"Afterreceiving this posifionsheWdthe planner Ahohad%rHtingand her bachelor's degree in opportunitytoread St.efal research ability,herexperiencein CALENDAR OF ECONOMIC DMUOPMENT CONFERENCES April • July 1997 n Morris 31-April 2,1997; Major Investment Studies, June 9.11,1997; Major Invesfineat snadits, Hartford Cokf t' Hardsburt, Ps.; National Transit Institute; eootact Susan National Transit Institute; contact Susan Ordenstism at 961432• Orccnstone at 906.932.1700 1700 . ''._c,. ` Aprli3.t997: Urban Relmntment,Chicago; NatiorWHow Or$ June 11•14,1991:Hous1nS In the Ilit Century: LooklnS}7$' Conresenee,call 102.393.5712, Forward,Aleaatulds,VL,ResearchCommitlee43 HousinSend the quilt Environment of the Internotionol sociological Apt06.11,1997; Ecoaoml4DtvdopmeniCout5e.Atlanto; Asaoclation:call$40-231-6416;1aittmtli Otorgislnstinneof Technology; call 4tb•694-2541utEmail: hnpJlwwwarah.vttduJrc43.btm1 conted@Sarech eJu or Intentea. hupJlwwwconted,gatech.edu June 2:•23,1997: 7M Retail Business ondEctmnmic Apri17, 1991: Real Estate Trends, Sun Franciwn; Urban Load Dt,elopmtm, Toronto,Cants& National Coomil for Urban''" , Inm mil; call 2M•624,1(ay). Economic Developemenq contact Kate Fullerton at (202)223- 11!!. Aprilto-11.1997. Brou00,1%end Oreenfeldv:Reconnectin5 the City to Its Regions, blidwtvt; Lincoln Invtirute of Land tune 26-29. 1997: Housing in the 21st Century: Looking Pulicy: contau Ann LonS at 300-LAND-944 E•ma;l: Forward, PN'91 Pumana. Cal.: Planners Network)Californte, along lineolninstedu State PolytechnicUntversiry:call 9Wl69.2667;E-mail of Internet: http:J~wwwpraft1du/plectd'rwmncdpn April 12•!3, 1977: Washington Policy Cnnfrnnct. N'uhinglon, DC,; National Assodanoa of Development Organlratiuns; call 202.6247506, April 1416,1997: Waoshin=ton Policy Forum, Washington. D.C.; I1v'TERNATIONAL National Congress tot Community Economic Development; F con4a Ellen Shortitl at 2024J4.3009, 9%L 115. April I5-16, 1997; Symposium oa Industrial Park Development an J M anagement Taipei, Talwan, R, O.C.; I mtitule of b WW II$ April 21-23, 1997 : Financial PlanninS and Programming for and Plann4ng, National T31% in University; tall 116 (2) 763.160 MXX Philadelphia, Pa.; National Transit Institute; contact E•mad tylin4ccmt mu tdu.t o ~ Susantlreenstonta1903-912.1700. y ssi lls(c April 16.20,1991; Planning fur tAt JrJI linerlum From# v t ti ~ April 2l-Mey 16,1997: Program on Fiscal Decentralization and Knowledge 7o it, Monle Vertta, Ascrt Swftierl I FinenclalbfsnsgementofRtSlonalusdLocalciavemmenis. IntemadonalSoeletyotchyandReSlossiPWteCnk. 6) ~4¢ Cambridge, Mus; Lincoln Institute of Land Poilcy; eonlael Ann Avseclation of European Schools of Plane;ng, tatl $10 Unit HMLAND-944 Email:along* lincolnlnst.edu 20;E•tailor Internet hire JMwwsit,dteclaatjp+1 qqa t May 02.i); Bustneu Retention end Hapomton, Baltimore, MD; April 26.30, 1991; Flagship A Wuerf 6u1e PJO)eela Tbefe (ha Nadonal Council for Urban Economle Development; tontaci Kola in Urboa Devttopmersl and Raeeeeradoa Ll~boe PariuSal,#i fullerloe al (!02)223-4!33, Iaternadonal Urban Development Assodotton Aanual, .v i Conlenncreallll(16)3l443'!6" May 12.14,1991: Major Iavedmeht Studio, Portland, Ott,; ' i Nodonsl Transit Institute; tontacl Susan Oreenstom at 906.932• July 14 15.1991; Snstalnabler Develssprnem Envkonsnent a6d 1700 Economic Assessmentlechnkoi. Abetdua Secidond. for Environmental ManageftifendPtinn(ng eoh?actlar:eNntf e loot 1.20.1991: COtpoeate Envtrannunisd Leadenhtp Semtna, at 41 12 24 414211 et LTA0 jb6tlef e0 lp.ltxdaAi4,.hk jsoY New Ifartn, Cod,, Yak Unlverslty School of Po miry oaf v FAvIrellmeMat Snadkt~ tall )ones Testa at 203.432.619E tit 7~,xIn 3P In • 0 APRIL 1997 thelihrar}s)>tem:rd Each group hat its own agendas, plans. Thcboard,intum,makes pcrfonnancecnthecivilser,i.. vocabulagandneeds. Itis recommendation.% to the parish exam helped her to eventually get in,portant for planners to council. Nowthatsheisno thejob. understand what the needs and longer employed by the parish, With herme%,interest in desires of each group are and to she has the opportunity to serve planningshedccidedtoreturnto encourage solutions whichMll on the other side of the table. school at the UniversityofNew have the greatestoverallbenefit. She iscurrently the chalrofthe OricanslntheCollegeofPublic Commu nicating Is very Pari shAdvIsoryBoardaadhas Affairsand work toward a Importantaswell.Itisimponant found it enlightening and Slaster of Urban and Regional to communicate toemploytesof enjoyable tobeinvolvedin Planning(ntURP)degrce. She other departments that you. as the planning from the community pursuedthedegreepart•time planner,arenottheretotelIthem perspective. Lydiawould like to whileaorkingfuII-time. Though it howtodothelejob. For see more planners on advisory took eight years, she says the example, she Is not an engineer boards and councils. workc.xperienceshewasgaining and doesn't ever want tobe. gave hcranaddededgeIn her However, she mustcommunicate Help Shape a Future studies. While pursuing the j the technical ideas oftheengineer News& Views degree she was promoted to tothoscinthevariouslevelsof In an effort to keep up with topics plannerliand waseventually government in terms that they can which are current and relevant to made a planner Ill following understand. Workforaport our readers, we would like to graduation, Allofherexperience ii Authority know what topics you are withwork,research.and as does the workofthe engineer. Interested in. We hope to present schooling gave her the The by citizen andthepolitician topics that Are timely aswell as qualifications tofina(lylandher !I each have theirownrespective those that are timeless and currenijobat the port Authority. vocabularies andlevelsof especially appreciate examples understanding, as well asareasof and applications of economic expertise. Beingableto development principiesfromali The Profession In General communicate the ideas clearly and regionsofourdivision's in am;usnersshicheach audience membership. Please submit ideas Lydia feels that planning as a field can understand is essential. In andlnforinationto: needs more recognition. When eommunieation.Planners should she was little, she neverrecalled be as basic as possible, Lydia Carl Morgan, Editor wanting tobe a planner, mainly Also findspictureswithcaptions (u•cmorgan3bsa2.umd.edu)or , because sheme%ccheard ofthe : veryusefu1.Graph It Marie Howl and, Editorial Advisor profession.'rod ayahenpcople repre se ntat ion 15 he lpfu I I n imhoudand(Ms1umd.edu)at askherAhat shedocsforaliving, depicting presentcondiuonsand the return address on Us mailing. they often don't understendher hat the result of change can You tan Plso send your response. Sometimes she has mean, correspondence to John even had people ask, "So,what Finally,sheencourages Accoirdino, Division Chair doyouplanr7" plannerstobeinvolved In various f1aceordi(1sarurn.vru,edu)at • J164 one oftheroleswhich areas of the community. In her The Department of Urban Studies Lydiabelieves is most Important positions atleffersonParishass j WAanning,Virginia in planning is the role oft 1 planner, she had ample CommonwealthUniversity,P0. Ile coordinator. Planners ate often experience preparing reports for Box 8l200$,Rlchmond,VA the person In bet% een several I the parish advisory board who C 23284.2008. Thanks foryour different departmetits andgroups. i resiewsion! gand>ubdivision feedback. 1S MIA - .,~3y 10 32xIC] a o 1 i i eatoetr~a t • i 're6iu to,0ur' "i Bret B. Bernard FA Selundo, CA Donne 1. Piper P isbargb, PA Autod R Cunna Hammed, PA Francis X. Regan Wed Orange, NJ b Steven Cuter Portsmouth, ON Richard u R E. Royston palham, X Mkhsell A. Coma! Fairbom, ON ovead Kiuen T% Ray W. Crawford Floyd, VA Amonah Shok"y Aleund is VA Dun 1. Ehbo Akron. OH Shi a K. Sltedum Alewtdriti VA .tle PA Nomy S Jod Erikson Hi=hland Pads, W Jams F. eWl VIVlam frank Laredo, T% Jams . Vended Boom Appleton. Chris Oathman Mirdom CO Jack Wbludd Wkhlu. KS Kevin Oellet Saint Johnsbury, VT Outuvo Lmbrano Miaml, PL Jommmm Gellman New York. NY Chrinophb 1. Oemile Cntnton, RI BAan Huns Teba OK , Chair: Jahn Aceoedino Chet L Hudl Morristown, TN SeeretaryfTnuunit: Joel Footalme Rodney N. Irwin Silver Spring, MD Jttfery W, Janes Deiroit. MI Editor. CIA Motion Jenne A. Kelsey Rov.vtill, *IN Todd Krublmr Loo Alto. CA Editorial AdvbM: M" Howlend %Vism 0. Kuthy Prince Oeorle. VA University of Maryland Edword F. Lytuh New Rochelle. NY William E Molt* Fort hlyen, FL Liu C. Nolte Sudoga Springt. NY or A film is the rkwstettet of" Eeonomie 0mlopt"Al DIvI1105 of the Theodora Nan Chapel Him, NC American Planning Assoeidion. It Is rubaahed quoneAy. We welcome Kathryn Pale Cleveledd, ON mid 1, leuen, and to estlom, Deem parhnn hlt. Vernon. NY g a MAN MMIES AND PLANNING PROGRAM Nou•Aam Org. l University of MW ilmd Vl. Pauge Room 1117 L*Frak M PAID Colle;e Park. Maryland 20742.1223 PetmitNa, 10 Col6p Park. Mb 1 i' 11 j OhS?9T Ito1 ? 021 12 ,1j INEo2C/A PLAkh144 AI19C:AIICA 117! *0111+COLSITTS Y1 No wASP2h{TGA 0C iCOk•1t1i1 ~ ~ ~ A i 32x1 } n~4i1Y1111 G AdM7lAIR! t I CHADDICK INSTITUTE POLICY SERIES Horne Occupations In the Chicago Region: A Technical Prospective by Michael Davidson September 24,1997 p v The ChadQkk full ite Policy Units explores contemporary problems clog municipal planning profeaslonals In the Chicago region. The series is co-sponsored by DePaut Unive"Is Chaddick • Institute for Metropolitan Development and Low Bulletin Publishing Co., which products Chkogo Zoning Ordinance, Suburban Development Contro/s, and other planning pubr4suoas. The opinions expressed are sole those of the authors. The Chaddick Institute for Metropolitan Development • • Depaul unkersify ji 243 S. Wabash o Chicago, IL $0604 PH: 312.382.6731 Nip /Amww. dope ul, edul-chaddrek l 25 'n 32 x~❑ OWN" I { ACKNOWLEDGMENTS This report Is an outgrowth of the Home Occupation Workshop conducted by the Chaddick Institute for Metropolitan Development at DePa.-l University on November 20, 1996, Technlcst assistance was provided by Robert J. Boylan of Robert J. Boylan Associates, Graham Grady of Mayer, Brown & Platt, and Les Pollock of Camires, Ltd Asour ME AurNoa Michael Davidson is a recent graduate of the Public Services Graduate Program at DePaul University and researcher with a major plan ning-related professional assoclation. His work on municipal ptanning has appeared in the Seaway j2eview and other publications. t , i 32x10- " I ' I i i EXECUTIVE SUMMARY The use of private homes for commercial activities has significant Implications for local planning. Left unchecked, business activity in residential areas may effect the aeathetio character of a neighborhood, safety, trafffo, and parking. This study explores the regulation of home occupations, or home-based businesses, for suburban municipalities in the Chicago region. It considers a broad sample of communities within Cook, take, and DuPspa counties and j offers suggestions for more effective municipal zoning policies governing home- based businesses. The findings show that the regulation of home occupations differs vastly among comrnunitles and presents important challenges for munlcipal planners. To protect residential areas from unwanted Intruslon by commercial activity, as well to allow business to function In an appropriate environment, the study calls forcommunities to We practical and low-cost steps to modernize their policies. t ~~kIC] 32x~~ A 0 Introduction Fax machines, computers, modems, cellular telephones, the Internet, and other technological advancements are allowing people to produce In the home what once took an entire office staff, These new and more available technologies are a driving force behind many home occupations, or home-based businesses. For planners and code enforcement officials, home occupations present a number of zoning Issues. One of the functions of zoning Is to protect residential areas from unwanted Intrusion by commercial activity, as well as to allow businesses to function in an appropriate environment, To the extent that home occupations operate without being `visible" to neighbors, they pose few problems. However, without proper controls, businesses In residential areas may affect traffic and parking and solicit direct sales activity that could compete unfairly with commercial district businesses subject to downtown rents and taxes. rho Regulation of Home-based Businesses Prior to the Industrial revolution, home-based business was the norm. In colonial times, for example, city shops were often located in street fronts while families lived in quarters behind or above, As businesses grew and the number of employees Increased, workplaces were increasingly separated from residential areas. The evolution of transportation technology, giving rise to streetcars and automobiles, led to even greater distances between residential property and the workplace Although most communities today employ zoning regulations to separate residential neighborhoods from business and industrial districts, home-based . businesses defy this traditional separation of uses. In rural towns and blue-collar suburbs, where an overlap between a wider array of uses is often more tolerated, beauty parlors, repair services, and craft shops are often located In private homes. in larger cities and higher-Income suburbs, home occupations typically Include professional services with Infrequent client visits, such as ' accounting services, custom clothiers, social workers or therapists, and traveling sales persons based from the home. In these areas, home businesses generally remain unobtrusive endeavors, with few non-resident employees and limited numbers of customers, Nevertheless, there are notable exceptions. 25 x 32 x1 • C Technology is rapldl;' changing !he character of home businesses, As high-tech office equipment becomes more affordable, and as it decreases In size to conveniently fit Into a bedroom or den corner, operating a business from the home has become more attainable. The goals of many al-home professionals-- "simpler" lifestyles, greater freedom, and opportunities to be with family--are now within reach. Many of today's professionals suddenly have the option to choose between a home occupation and a traditional job in the corporate hierarchy, Frustration with traffic has encouraged many to consider the home-based approach to work as well, Commuting time in metropolitan Chicago averages nearly one hour per day, and, considering standard drlving-expense estimates, workers can easily spend over $2,000 per year getting to work. Worsening highway congestion will likely enhance the popularity of home businesses. According to one estimate, home occupations In the United States rose by two million between 1991 and 1995, reaching a record high of 24.3 million. Not Included in this number are the estimated 7.6 million telecommuters who trek to a downtown office one or more days per week, In the Chicago region's three most populous counties (Cook, Lake, and DuPage) there are reportedly at leest 133,000 residents (this includes the City of Chicago)-- or 4% of the area's 1995 estimated civilian labor force who have chosen home occupations over traditional work arrangements. Communities and developers alike have responded to the popularity of working from home by designing neighborhoods and housing with special buslness-friendly features. In Oak Creek, vVisconsln, a specialized development--The Marketplace--was built especially for dentists, craft studios, and other home businesses, In Foresthill, California, the Eaglecrest subdivision was designed with a teleport containing a computer and modem. Zoning variances were needed to accommodate these buslness-oriented features within the residences. Some developers are even responding to the need for working at home by providing specialized telecommunication services such as built-In links to AT&T, i Sprint, and MCI. In Chicago, for example, Wedgewood Communications, an affiliate of the Habitat Company, which owns several large apartment complexes, Is planning to offer its prospective tenants "Internet-ready" dwelling units as part of a "communications package". More of these technology-friendly resldentlal I l communities appear destined to emerge In the years ahead. f I I Regulations pertaining to home-based businesses may be contained 1 • within a zoning ordinance or disseminated separately. Indeed, locating the appropriate regulations can present some difficulties for would-be entrepreneurs who are unfamiliar with local regulatory policies or how to navigate zoning text. Other problems associated with home oocupation regulations Include vague or 4 2gixI0 37x10 I A 0 M ambiguous language, leaving both regulator and business operator confused or at odds. Many ordinances fall to keep up with changes In technology, regulating obsolete equipment or prohibiting machines that no longer create nelghborhocc Intrusions. Such was the case with the City of Chicago, which until recently forbade such technologies as fax machines and computers (1), as well as most home occupations in and of themselves. Many Chicago home businesses operated In blissful Ignorance or blatant violation of the law, fully cognizant that enforcement officials were unlikely to catch up with them. This leads to a fundamental problem associated with regulating home. based business: regulations are valuable only to the extent that they can be adequately and fairly enforced, Policy makers should be aware of the limitations on staff time and funds available for enforcement when adopting any law. Regulations must be clearly understood by those who enforce them as well as those being regulated. Further, licensing or registration requirements for businesses like home occupations trigger additional administrative costs that must be balanced against other community needs. An Assessment of Municipal Ordinances This section considers the results of a review of the ordinances from 60 communities In densely developed sections of metropolitan Chicago. The sample Includes a diverse mix of communities In Cook, DuPage, and Lake counties (see appendix). Information about the zoning ordinances of these communities Is taken from Suburban Development Controls, a series of reference books published by Index Publishing Corporation. The sample Is diverse. A slight majority of communities (51%) have 20,000 or fewer Inhabitants, while 14% have more then 60,000 Inhabitants, The Income level In nearly two-thirds (64%) of the sample averages between $30,000 and $50,000 per household. Six findings seem particularly noteworthy In understanding the broad array of municipal policies governing home occupations. 3 ' 25 x O 32x 0 . i :x~r!amw i Finding 1: Nearly all communities permi! certain types of home occupahol rs. Only one of 69 communities Allowed In !Ingle Family Districts in the sample explicitly prohibits the establishment of home occupations. 2% 4 This community, talk Grove Village, rejects these businesses by listing them as a "prohibited use" ►n residential districts of the community. (It should be noted that Elk Grove 14% pYfe Village developed as a series of sr+o Industrial parks. Thus, it comes as oruA little surprise that the community carefully protects Its industrial base. Three ordinances In the sample are silent about home Allowed In Multifamily Districts occupations, Correspondence with officials in these communities 6% 6% 6% confirms that they are not formally EN recognized In the zoning text, and so, are permitted by default. That the majority in the sample have adopted regulations suggests that home. 16% based businesses are acceptable, smuniolpallty may not We mullitamify but require special attention. Wilma Finding ll: Nome occupation ordinances in many communities are ambiguous with respect to fundamental aspects of local zoning policy. Sixty percent of the sample set explicit limits on the number of non- resident personnel working on the premises of the home business. Constraints also apply to the installment of non-resldentlel equipment in 42% of communities, floor area devoted to the business (50%), and parking in and around the property of a home occupation (44%). However, such regulations are often difficult to locate. All too frequently • these standards Ora not addressed in the home occupation regulations, but In others sections of the zoning ordinance or municipal We. Because most residents lack the specific knowledge to accurately determine which section(s) of the ordinances contain the proper Information, there appears to be the potential 6 1 1 I • ' 1 0 1 FI%fA i I for compliance problems in these communities. To the untrained eye, zoning text can be difficult to fouow. At the very least, if home occupation Issues are discussed In multiple locations throughout the ordinances, these locations should be clearly Identified. w Finding ii1: The definition of "family" varies wldety between municipal zoning ordinances, creating limitations in size, structure, and "productivity" of home-based businesses in some ` communities, F Approximately two-thirds of zoning ordinances in the Chicago region restrict home occupation employment to family members. As a result, defining the construct of `family" Is critical to the enforcement of appropriate home. occupation policy. Many ordinances employ a definition that describes the traditional family unit; either "one person", or "two or more persons related by blood, marriage, or legal adoption" living In the same dwelling unit, However, as living arrangements change, regulations tend to reflect a more liberal definition of family. A good illustration comes from an ordinance employed in Round Lake r Beach, which defines the family unit In hvo ways. The first definition describes them in the traditional sense--persons related by blood, marriage, or legal adoption. The second allows that a family may consist of "a group of not more than four persons, who are not related by blood, marriage, or adoption, living as a common household or dwelling unit." Finding IV.- Fewer than half of the sample communities require home occupations to register or obtain a license. In contrast to the growing concern about the economic and planning implications of home occupations, most communities do not require registration or licensing, only 20% require the latter, and a smaller number (0%) ask that home business owners register with the municipality, Prospect Heights was the sole community In the sample requiring both licensing and reglstration. Indeed, higher adminlstative costs, time constraints, end apathy may be deterrents to such requirements. J%01 7 I, E I x [7 32 X 0 Lions#and RaghtraUon Requirements N % 70% t744eenae 00.eg1aUeUon 0 tiolh D Neither ~OtMr 1!4 5'h Most communities enforce their zoning violations on a complaint basis, which can be a far less costly approach to monitoring local activity than, for example, a requirement of regular Inspections. Moreover, it preserves the autonomy and freedom of homeowners from unwanted intrusion Into their activities. i Nevertheless, it can render the enforcement of ordinances sporadic and uneven. Finding V: The more "visible" characteristics of home occupations such as signs and displays, accessory buildings, and exterior storage are highly regulated, zoning ordinances appear less ambiguous about 9ppearsnce•relsled aspects of home business establishments than performonce- related Issues. A significant proportion of sample communities have home occupation policies that explicitly prohibit signs and displays (48%), accessory buildings (33%), and exterior storage (65%). In such cases, home•buslness owners must comply with the standard regulations of the residential district. `ACommunities leave little room for interpretation In setting appropristo aesthetic standards. For example, signs and displays are discussed In most • local ordinances, with more than 85% of the sample addressing the Issue directly when discussing home occupation businesses. (fn comparison, other elements of home businesses, such as safety hazard teslrzctions and special parking requirements, are usually not specifically mentioned in home occupation regulations, but in other sections of the zoning ordinance), Nearly one-third of the sample communities make no mention of exterlor storage policy as part of home occupation policies. Y a 10 32XIO AMKMLX1RALd~ MW o I Finding Vl Employment orpersons from outside the Immediate family Is lightly 1 controlled by most home-occupation policies. One-third (33%) of the sample communities permit home-based businesses to employ non-resident individuals. Among these communities, the vast majority permit a maximum.of one non-resident employee. One notable exception is Evanston, which parmits up to two employees In some Instances. An uncharacteristically small portion (6%) of the ordinances do not set clear-cut rules on this Issue and, thus, do not explicitly set a legal maximum on the number of non-resident employees. Regulated employment may reflect the desire of municipalities to preserve the historically low-impact nature of home businesses. Allowing outside employment could Invite a business to grow beyond the means of a residential neighborhood and perhaps create problems associated with size, employee fights, taxes, or safety. 1 Allow Family Only RaWlctlona adNumbae ofAanennd r0% a ye Dyes f1 Na S NO tl N1A Q N/A 97% Recommendations ,r Local and regional officials can take practical steps to address Issues relating to home occupations. The following suggestions, epproprlate for focal Implements lion, are an outgrowth of the zoning ordlnence analysis conducted for this report. • Clearly Mine Terminology; Communities should clearly define terms ~ • • related to home occupations. In many municipalities, zoning text relating to 441 home occupations is ambiguous. Whenever possible, zoning text should provide home business operators with o clear understanding of the municipal requirements relating to theso businesses, 9 r' 2 h x In 32x . Q Cross Referencing: Communities should cross-reference municipal regulations applying to home occupations with other relevant sections of the zoning ordinance. A few simple references in the zoning text could allow Information to be more readily accessible to citizens. • Non4ochnicel Publicatlont: Communities should consider preparing a non•technlcai publication explaining the concept of home occupation, the method of obtaining information from the zoning text, and a summary list of requirements by the community. The document should be readily accessible and simple to update. Sharing Information with local entrepreneurs and other community residents will encourage dialogue about home occupation, strengthen relations between residents and local government, and help avoid problems with home occupation before they occur, The following suggestions, afso appropriate forbcal Implementation, were provided by practitioners with expertise in home occupations of the Chaddick Institute workshop held In late 1996. • Convene Local Stakeholders: Bringing together policy-makers, professional associations, planning staff, and community leaders for an Informed discussion on home occupations can be an Important step toward policy improvement, Such a forum can enhance communication, build familiarity, and allow emerging issues relevant to the community to be Identified. • Consider the Registration of Home Occupations: Unobtrusively compiling a data base of local home occupation businesses can enhance the enforcement of ordinances and offer planners perspective on local trends In home occupations. It can also provide a mechanism for the dissemination of Information about existing or changing policies. Communities should critically assess whether the benefits of maintaining this registry outweigh the costs, and use a registry with discretion. • Clearly Articulate Restrictions and Exceptions for Homo Occupations: Zoning ordinances should unambiguously describe policies that affect home occupations. Under Permitted Accessory Uses, for example, it Is useful for all communities to address sign limits; employee regulations; limitations on size or percent of floor area; equipment prohibited; parking restrlctiorns; limitations on the sale of products from the premises; accessory buildings allowed; storage permitted, the control of noise, odor, vibration, glare, and r smoke; and any license or registration requirements. tD • Periodic Review of Home Occupation Policy: Periodic reviews, perhaps conducted on an annual or seml•annuai basis, could give zoning administrators the opportunity to modify or terminate policies, experiment with to + , 2Kt 0 1 ❑ 32XIEl • ANON" new forms of control, and make an honest assessment of an ordinance's fairness--before problems surface in the community. Other suggestions are most eppropriately Imptemented at a REGIONAL LEVEL: • Convene Key Officials: Much could be gained by convening a group of key officials, staff, community leaders, and professional (entrepreneurial) associations to discuss and agree upon appropriate regional policy for home occupations. Such a forum would encourage open discussion about local experiences with various policies and the effects of ordinances on both the community and home-based businesses. Relevant topics might Include current trends In home occupation, patterns with regard to clustering, problems with the implementation of local policy, municipal enforcement r issues, and Ideas that will generate better ordinances, • Model Ordinance: Another important outcome of this process could be the development of appropriate "models" for municipal home occupation policy, Although the home occupation is perhaps too dynamic for one universally accepted model, communities could greatly benefit from the availability of general models tailored to the unique needs of urban, suburban, and rural areas, I r • r ,a . I I I II 75xIQ 32X w1lrHOp " . o I AtrL:A. ~'t. }nH 4 ~Y~. N~!}!'g~ w w~p +~i Wjt. s4+ R i; / 1 EIM •Y] s 4 A A i~ai yti4..s ~rlmi~l[i".!"'LA`IATx a:i..`,' „ '.•.,'ne ~a ~ rov S `Yv. f w 9•e r+'F.r Appmditr CanmunNWt M 1\mpl\ No" ftwoNM /1..AMdM M. it INMtWWM ArllMt /.rlw lyv 89N11M rl IA4tIM.Mtl 10-V IIr1y NrH M+iY+dY 1+1.drA.I MYrlr4 IWM % Nrllry U.1bll.\ Irr NrW. 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Y.M M.M. rIM01.MW M1MOi~wA AN\~w.M.►.1.~~~wr.rrl~Yrr M.1M A.Y~.IM. w.WY M MW Y..1►Mlr^I.r.~ /wrrUf.r - - 2<10 32x~C1 .:,71.1... • o • I r1 I Home Occupations City of Peoria, Illinois submitted by: Camiros,Ltd. J3111: ' and ':`al '•;Y' ! J{'+'~,-'~ Ance1, Glink, Diamond, 7t.' Murphy & Cope 11 t.. ley, . PHAVARY. list ' i r ti 1+ '.~t:7C• ' ' i~ a •I.,~,f 1 .Z, Nag ..~...k +j~. ~ ~ f ~ ~ I l ~t " yr Cpl GIs 1 • r , 1 , ~11++/~~• ' , ,a. J1, Itv, Cdr ,J~,1!••a t'.! "?°f~•.~V'~ 019. 41 60 ' \ i, ~ 1 1. •.I. , 1 ~ . 1 r . r ~ r• 'M xis 32XID • 1 Cal'1 ltW 411 S. Wells, Chicago, Illinois 60607 (312) 922-9211 TOs City of Peoria I Zoning Ordinanct Review Committee FROMt Camiros, Ltd. DATEt February 17, 1987 I SUBJECTS Issues Relating to a Proposed Home Occupation Ordinance With Draft Language one of the immediate considerations for a redrafted Peoria Zoning Ordinance is finding a method for dealing with home occupations. i Due to the immediacy of the problem, this mehorandum discusses the toning issues relating to home occupations, as well as offering draft language for a proposed section of the ordinance addressing home occupations. i A series of "policy question.:" is also presented to help guide the discussion of the proposed ordinance. I 1 Con6uilanis in Planninn 7nnimA novainmflOM Fn/1Mmire Snn .M....A A..~.i.... 7 d S2X IO wow o r,aaw. , TABLE OF CONTENTS The Peoria Experience 1 Regulating Roma Occupations 2 Lists or Standards 2 Administrative options 3 Proposed ordinance structure 4 General Requirements 4 Minor Home Occupations 5 Major Home Occupations 6 Cottage Industries Provisions for the Physically impaired 7 Proposed ordinance Language 8 Purpose and Intent 8 Definition 8 General Requirements 8 Prohibited Home occupations 9 Minor Hone Occupations 0 Major Home Occupations 10 Cottage Industries 11 Provisions for the Physically Imprired 11 ` Procedures 11 Existing Home occupations 12 Violations and complaints 12 'jo y i• I I x I Q 32 x . r I~ 1 HOME OCCUPATIONS1 A Zoning Issue Paper (with Draft Ordinance) It is estimated that five million people in the United States will be working at home by the year 1993. The trend toward an increased number of "home occupations" is unmistakable. In fact, 84 percent of the local officials who were surveyed as part o' a recent Iowa State unive-city study said home occupations were increasing in their r~>cmunities. Yet, current toning ordinances often do not reflect this changing workplace. In fact, many recent innovations in home based work nave occurred so rapidly that local zoning regulations have not caught up with them. Fortunately, that is changing. Nearly a third of the 600 communities who responded to a recent survey by the American Planning Association had amended--or were amendinq--their home occupation ordinances. Almost all of those regulations are grappling with the same central issual How to protect neighborhood residents while accommodating the needs of the individual who wishes to work at home. THE PEORIA EXPERIENCE Peoria's first city ordinance regulating home occupations was established in 1942. It limited the :,ite of signs and the amount of floor area that could be given over to a home occupation, in 1967, the city emended those provisions. Those amendments listed "permitted" and "prohibited" home occupations, required that home-based businesses must be operated by a member of the immediate family living on the premises, and restricted the number of outsidt employees to one. In September 1965) in reaction to numerous complaints, the city's i+ toning commission voted to amend the home occupation regulations, The general desire of the city's elected officials, neigqhborhoods groups, and cittens was to allow home occupations that do not J create a nuisance in the neighborhood. Avoiding a public review process that required "excessive" staff time was noted as an important criterion by city staff, Howevir, it was recognita.d that hardship cases should be reviewed by a 25 id 32x10 0 n f public body. Meanwhile, various operators of home occupations have expressed concern about regulations that would be overly restrictive. REGULATING HOME OCCUPATIONS In general, the intent of most regulations governing home occupations is two-folds to permit home-based businesses and to maintain the residential character of existing neighborhoods. The growth of home occupations is linked to several factors. Technological changes have broadened the number of possible new businesses, from word processing to management consulting. Many people also have found that home businesses are a good way to balance home child care with the need for supplemental income. Others, faced with a fluctuating economy, have decided to start their own businesses--to turn their hobbies into fulltime employment. (in fact, because small businesses provide 9o percent of all new jobs in the U.S., many communities feel it is advantageous to encourage business start-ups.) Finally, homz occupations offer employment to those who might have difficulty finding traditional jobs, such as the handicapped and retired persona. At the same time, however, the ability of an individual to work I in one's home must be balanced against the concerns of I surrounding neighbors. Most people view their neighborhood as a retreat from the working world. Thus, they do not want to see some of the elements commonly associated with that world brought into their residential surroundings. Among those basic concerns are such issues as, nuisance (odors, noise, glare, vibration, smoke, or electrical interference)t traffic (parking congestion, delivery trucks, pedestrian safety, and increased traffic volume)t safety from hazardous materialst and aesthetic (signs, outdoor storage, building alterations, and outdoor displays). To protect the character of residential neighborhoods, home • occupations need to be treated as uses incidental to the prevailing single-family use of the dis r~ef~ourt decisions have consistently prohibited home occupations in instances when they become the dominant use of the dwelling. Lists or Standards? one traditional way for dealing with home occupations is to establish lists of permitted and prohibited businesses. That is what the current Peoria ordinance does to some extent. HoweVer, as the local experience has shown, those lists often are ton specific to manage effectively. They quickly become out of date. They often have no rational balls for what is included or r 2 in 32XIO n l I , se uently, they don't offer much guidance to excluded. Con q elected officials and staff regarding new types of home occupations. further, when a compatible new use does occur, it is changes n to t permit n that nuserocess to make the necessary a Complex An alterna!,ive method for controllUq the negative impacts of home occupations is to establish specific standards or criteria for governing those uses. These "impact or performance-baeed" standards should not be harsher than those directed to other businesses in the community. yet they should adequately protect surrounding residential property owners. In other words, the Should ensure a the home occupation remastandards ins or incidental totheresidentialUse-Administrative OptlOng A home occupation ordinance can be administered in a variety of ways, includings enforcement by neighborhood complaint only, use obviously, canmbescombinedeoreadjustedatogfitTlocalaneede~hes, Neighborhood complaints offer a very effective enforcement mechanism. No public inspector can keep as close an eye on what Is going on in a neighborhood as someone who lives there. Residents can see the number Of deliveries, worandsthand customers that frequent a hot b experience, first hand, the problems caused by delivery trucks, crowded on-street parking, or noise. Regardless of the level of public enforcement a community chooses, neighborhood complaints remain a solid enforcement tool. Unfortunately, complaints by neighbors are not always the most objective standard. Sometimes a complaint relates more to a neighborhood grudge that is totally unrelated to the home-based business or g r ` neighbor maytnotrlikeathenperson whoehappens toebeemakinq One birdhouses in his basement. And to the hobby-turned-small- business becomes a sticking point--a way to get back at that person. In other neighborhoods, the obection to a pert-time business may be because it competes" with the full-time occupation of a neighbor. At the other extreme, some neighborhoods have so many home-based businesses that nobody complainer simply because the home • control occupationsinart to effective, commonlace In homesoccupationsoare critical. Many communities limit home-based businesses by special permit. These permits, which are usually granted by a local out dinntheether conditions o spelled based the n homel ozonin ccupation board motto i the administrators 3 10 32A[311 0 0 ordinance. Some require a public hearing before the permit is granted. The procedures for a public hearing take longer and can , be more expensive. Further, some communities, have found that the more involved procedures encourage "clandestine" home-based businesses. The use of a licensing system allows a community to periodically review the home occupation. The license fees also help defray administrative costs, while giving cities an excellent idea of the number of home occupations in their jurisdiction. However* a licensing system also requires more city staff time for inspections and review. Many residents also complain that a license can take more time to process. PROPOSED ORDINANCE STRUCTURE we are suggesting a home occupation ordinance that would combine several of the features discussed above. The proposed ordinance is based on a review of the existing conditions in Peoria, a sense of the concerns of the neighborhoods, and the need for a ` Simple, yet thorough, administrative process. The proposed regulations would make use of a special permit process, but permits would not be required for all home occupations. Instead, home occupations would be divided into three categories. Each classification would include standards that are based on how the home occupation could impact the neighborhood. General Requirements All home-based businesses, regardless of their type, would have to adhere to several general provisions- For instance, the business would have to be operated by the occupant of the building. It would not be allowed to produce noise or obnoxious odors, dust, glare, smoke, fumes, electrical interference, or vibrations outside the structure. No hazardous or flammable materials could be used or stored on the premises. Thera could be no exterior evidence of the use except for a small nameplate sign for certain home occupations. the residential appearance of the building could not he altorEd. only one commetcially licensed vehicle could be utilized in the business, and it would have to be stored in an enclosed garage. No process that is hazardous to public safety, health, or welfare would be J permitted. I i I . r~ - A 25 , 10 32xI[ + 0 r , I I Policy Questionsi 1. Should the operator of the business be required to be the owner-occupant of the dwelling unit? Does this discriminate aagainst renters? Should it be "the residence of the principal practitioner?" 2. No parked vehicle should function as a "sign" for the home occupation. Does the requirement for garage storage of commercial vehicles meet this need? 3. Should there be a time limit for clients and/or pupils. For instance, no activity between 10 p.m. i 7 a.m.? Minor Home Occupations Lower-intensity, or minor, home occupations would not be required to obtain a special permit, since their operation would not be considered to have.an impact in the neighborhood. Examples of these uses could includes baby sitters, artists, secretarial services, data processors, telephone solicitors, tutors and consultants. These types of home-based businesses would be allowed as accessory uses, provided they not certain standards. The basic objective is that these minor home occupations provide no visible or audible outward appearance of the business contained within. To assure this, the standards would not permits more than one customer or pupil at a time, any "outside" employees (i.e., non-residents of the dwelling unit), regular commercial deliveries, or any advertising that lists the residential address of the home occupation The home occupation also would be limited to 15 percent for up to 250 square feet) of the habitable area of the main dwelling unit. It could not take place in an attached garage or in any accessory structure. There could be no storage of materials or finished products on the premises or site, and there could be no visible or audible outward appearance of the business, in addition, of course, minor home occupations would have to meet all general ordinance requirem-antes Retail sales would be limited to sales resulting from phone orders. Policy Questionsi 1. is the advertising ban a fair and effective way of discouraging home visits? 2, Should the "one customer or pupil" limit be expended to a Maher fioure to allow for tutorinc? 1, 10 32XIO p 3. Should any commercial deliveries be allowed? Once a month? Once a week? 4, Is the 15 percent/250 square foot site limit fair? S. Should any retail Bales be allowed? Major Home Occupations Higher- intensity, or major, home-based businesses also would be permitted in residential districts However, they would be subject to closer scrutiny since they have a greater potential impact on the character of the neighborhood. Consequently, these home-based businesses would be required to obtain a special permit from the city. These types of uses might includes minor appPliance repair, day care facilities, tailors and dressmakers, hairdreasere, and woodworking. The standards for major home occupations could includes no more than two employees who are not residents of the premises, no more than two deliveries per weeks no more than 12 clients/pupils 11 a day or four at one times a use of no more than 25 percent of f the dwelling areal no Use of accessory structures or an attached garages a non-illuminated nameplate sign not exceeding two square feet in site. Policy Questlonsi 1, Se the "two non-residential" employee limit too high? Should it be one? 2. Should day-care facilities with more than four children be allowed in residential districts? j 3. The ban on use of an attached garage or accessory building is aimed at auto repair shops? Should these uses be allowed? 4. Should the size for a sign be smaller? Perhaps one foot? Or, should all signs be banned, regardless of their site? 5. A public hearing, we feel, is not necessary for these types of uses? 3e it? • 6. Is the 12 client or pupils a day, four at-a-time limit fair? r cottage Industries A third category could be established to deal with more intensive home-based businesses, such as antique shops, art galleries and roadside stands. These "cottage Industries" could be located only in agricultural or transitional commercial/residential districts--areas where a more intensive use would not disrupt the 25 x 10 32X - III surrounding residential character. As with hiqh-intensity businesses, a special permit would be required. In addition, a public hearing process would be recommended. More flexible standards would be a;lowed for these uses, Accessory parking percent areas and limited outside storage areas vould be screenedt three district. be subject outside for w tbs zoning siqnago eneral city employees regulations allowed, to g Policy Question87 1. Should auto repair shops and ol.her normally prohibited home occupations be excluded from t%is category? 2. Should a minimum lot size be established for cottage industries? 3. Should parking lots be screened? Provisions for the Physically Impaired We recommend that special ordinance provisions be adopted to apply to persons with a demonstrated physical handicap, This would allow some flexibility for those who, because of their physical liabilities, are forced to work at home. In such cases, the city's administrative review process could waive one of the conditions (such as more than one outside employee, sale of goods on the premises, or storage of materials) provided they In these cases, however, pose no health pecial permits o would safety be required, 1 s policy Questions: 1. Are these types of exclusions alright? 2, what other conditions could be waived? 3, should senior citizens rective special review? r 7 7~ n 10 32x 1 C1 • 0 iTVMV i i PROPOSED ORDINANCE LANGUAGE Purpose and Intent To allow homo occupations that are compatible with the residential districts in which they are located, Definition A home occupation isl a) an accessory use of a dwelling unit for gainful employment that involves the manufacture, provision, or sale of goods and/or services, b) the occupation is secondary to the residential use of the structuret sale include e goods goryServices` provided parties these that are hold for s the not sales do not exceed six a year. General Requirements- 1 The following standards should be complied with by all home occupationse business occupation shall raoida in the a, The dwelling entrepreneur in which every the home b. The use shall be conducted entirely within a completely enclosed dwelling unit (except for "cottage industries," in which a fully enclosed accessory building may be used). c. The home occupation shall not interfere with the delivery of utilities or other services to the area. 10-0 d. The activity should not generate any noise, vibrations, amoke# dust, odors, hest, glare, or electrical intarference with radio or television transmission in the area that would exceed x'10 I 32x- w~ ,vn.oir 0 that normally produced by a dwelling unit in a zoning district used solely for residential purposes. e. No toxic, explosive, flammable, radioactive or other 1 restricted materiels shall be used, sold, or stored on the site. f. There shall be no alteration of the residential appearance of the premises, including the creation of a separate or exclusive business entrance(s). g, No more than one vehicle used in commerce shall be permitted in connection with any home occupation. Such vehicle shall be stored in an enclosed garage at all times. h. No clients/pupils shall be permitted between the hours of 10 p.mo and 7 a,ms i. No outdoor display or storage of materials, goods, supplies, or equipment shall be allowed. j if the occupation requires any customers or clients to visit the premises, at least (one or two) off-street parking spaces L shall be provided. These spaces shall not be in the required yard space, k. Home occupations shall, at all times, comply with all other applicable laws and ordinances. 1 i Prohibited Home Occupations Certain uses have a demonstrated tendency to impair the uses and value of a residential district, due to their tendency to expand beyond the limits permitted for home occupations, Hence, the following uses, regardless of their moeting the standards in Section X, shall not be permitted: animal hospitals or kennels • equipment rentals funeral chapel or homer medical or dental clinicst massage parlors# repair or painting of autos, trailers, boats, and other vehicles) restaurantst welding or machine shops, tM Minor Home occupations. A use shall be classified as a minor omQoccupation an permitted in all residential districts, provided the general provisions of this ordinance (Section X) and the following standards are met) 9 2 h K 32XIO 0 a. There shall be no advertising, display, or other indications of a home occupation on the premises. No advertising in the media or in business directories shall list the residential ` address of the business. be Direct sales of products off display shelves or racks is not permitted, although a person may pick up an order previously made by telephone or at a sales meeting. C. The total area used for such purposes shall take up no more than 15 percent, or 250 square feet (whichever is greater), of the habitable dwelling area. d. No one other than a resident of the dwelling shall be employed ire the conduct of the home occupation. e. Deliveries from commercial suppliers may not occur more than once a months further, these deliveries shall not restrict traffic circulation and must occur between Aa.m. and 5 p.m. Monday through Friday. f. The number of clients or students shall not exceed one at any time. Maior home occupations. A use shall be classified as a major force occupat one, an allowed by permit in all residential districts, provided the following conditions are met: a. The total area used for such purposes shall not exceed 25 percent of the habitable floor area of tho dwalling. be The number of persons who are employed in connection with the occupants, but who are nonreeidents of the dwelling, shall not exceed (one or :W. c. No more than one identification sign shall be visiblei non-illuminated, no larger than (one or two) square feet, and flush mounted on the wall of the dwelling, (or) No sign shall be permitted. de The number of commercial deliveries shall not exceed one per week, and must occur between A a.m. and 5 p.m., Monday through Friday. e. No more than (two, three, or four) people at one time may • avail themselves of the services provided by the home r occupation use at a given dwelling units or more than 12 r` people during a 21-hour period. f. A home occupation permit issued to one potion shall not be transferable to any other persons nor shall that permit be valid at any address other than the one appearing on the permit. - . , 10 2 ~ x io 32 x ~ ❑ 0 , Cotta a Industries. A use shall be classified as a cottage ndustry, an perm tted in the A-1 and R/C districts by permit through an administrative approval process, provided the following conditions are meti a. Such occupation may be conducted either within the dwelling or an accessory structure, or both, provided that not more than 50 percent of the combined floor area shall be used in the conduct of the cottage industry, b. The business shall be conducted in fully enclosed buildings. c. Adequate off-street parking shall be provided in accordance with the district zoning requirements, d. Signs shall be permitted in accordance with the general 1 provisions of the Peoria Ordinance, Section X. e. Outdoor storage of materials shall be completely fenced to obstruct the view to a height equal to the elevation of the tallest materials to be stored, ' Provisions for the Physically impaired Persons with demonstrated physical handicaps may be permitted a Special Review by the Planning and Zoning Commission, Such applicant may request waiver of Development Standards x, x, x, and X. No waiver of the General Requirements will be considered. Procedures a, Application for a home occupation permit shall be made to the Zoning Administrator on a form provided by the administrator and shall be accompanied by a filing fee that is established by the City Council. The Zoning Administrator will make a . decision and notify the applicant in writing within 15 calendar days of the date the application is received. b. In cases where the Zoning Administrator considers the i application not within the scope of the home occupation criteria, the application will be denied, c. All home occupation permits shall be valid for a pariod of r (one, two, five, 10, etc,) year(s) from the initial date of r • approval. I d, The Zoning Administrator may void any home occupation permit r i for noncompliance with the criteria met forth in this chapter, Revocation may take place at any time prior to the expiration date of the permit, if the permit is revoked or not renewed, it becomes null and void, and the use shall be terminated, K 10 32xCi s , 6 e. The decision of the Zoning Administrator concerning approval or revocation shall be final unless a written appeal is filed with the Zoning Board of Appeals (7) within 10 calendar days of the decision. An appeal only mry be filed by the applicant or persoreresiding within 300 feet of the subject property. 1 f. Home occupation applicants shall permit a reasonable inspection of the premises the Zoning Administrator or his/her staff to determine compliance with this chapter. Home occupations shall be fieidchecked on a regular basis to determine compliance. Existing Home Occupations Major home occupations or cottage industries established prior to the effective date of this section and not in accordance with the provisions of this ordinance, shall, within ninety (90) days of the effective date of the ordinance, comply with this ordinance. Violations and Complaints The Zoning Administrator shall be responsible for the enforcement of this section and for the correction of any violations. He/she shall act on his/her own initiative when violations are detected or suspectedr and, if a complaint is filed in writing, shall take appropriate investigative and corrective actions. Violation of the requirements in this section shall be grounds for, in the case of minor home occupations, application for home occupation permit, or for major home occupations or cottage industries, revocation of the home occupation permit. e sr 12 0 32XIO o FEATURE Zoning for Home Offices: Recognizing Reality n 1980 when we began Sv Pa:J 6 Sa'jF FJnarJs work hours away from home. itin Working Home, The telephone companies, long the vr$ $ enforcers of rules that made using s rest, i Business Week magazine re- dential telephone line a 'nano,' are now xytud there being 6 million home offices, supporting the growth of home offices, Today America is home to 24.3 million all communities, ue do not believe busl• ?hone companies are no longer Playing some-based businesses, according to Link messes which interfere With the residen- the role of "tariffsherif' or *phone police' 3tsources' 1993 Work-st-Home survey ttal character of neighborhoods need be U SAVest, for example, has obtained 12.2 million or these provide the primary or should be permitted Wit find this changes in its tariffs to allow home-based ncome for their owners; 12.1 million of view supported ovetwhelmingly' by businesses to choose whether to bare a hem are part-time, Another 1.6 million home•bised workers themselves. Most residential or A. business line, Most phone , xoplq are 'telecommuring" or'tekuork• Want to lire in typical rtsidtntlat neigh, companies are also creating special mar, ng,' that is, they're doing salaried work at borhoods - not in mixed commercial, letting tools and senices for home based tome during normal working hours Add workers, and many, are turning large num- t o this 9.2 million more people uho report bets of their own employees into telecom. loing company work at home after nor, muter nA business hours 0 'Sends to iWrk• Home builders art with the times. •:g from Home, Despite these large and too. Builders or upscale homes are almost :rowing number. this demographic reilt• always providing for one or more rooms s is not reflected in the zoning ordinances to be usable for a home office, 4 many American cities and counties Should not our locals governments According to an American Pl runts also 00". their citizens to earn a living lssaiauanl 1933 report. Home Occuru• from :Heir homesIt We say 'yes" for three rim Ordm4ricrs, nine out of ten localities major reasons 41111 01 IM IN lio%Il -esrrict using residences for offices of 1. REAtltt' wiincsses in s,.vme ua%, ranging from hm• -.,:inns en outside signs to banning the first, relavris -On ins to allow People tee of Midencts for paid work ahogether to work at home simply recognl:es reality •ve estimate thu currently it rtany as Prohibitive or overly restrictive zoning 4't, of locahtits, Including m cities residential structures that are updates of results in people hiding their businesses. ike Los Angeles and Chicago, etlvctiut,y mom and p, ,p Uving above or behind the uhich :prohibit people working from tht it shop - Turns law abiding citizens Into vio• tomes In Chicago's cast, the City Simi ly :a if its a cortin is desirt to not lator, undermining respect for law and ^ A ,•rbids AA involving machines powered hate hair salons, retail stoats, manuric. govemment. y electricity - which would embrace turtrs, and other uses that bring traffic - Causes people to hide what they :%trything from outdated Selectnc qpc. and create odors or roue into neighbor- do They don't select a business narrit smersto liptopcomputers hoods, thats fair We believe the restric• which may draw business to them, they other localities unduly regulate use :oning that now hinders many don't list their business in the t'tllou t ',eme•based businesses with tnvasire homrbved businesses teas enacted with Pages, and, in other wsys, simply done nspcctions, charge fees beyond normal these kinds of problems to mind, Today, fully market their business r business licenses or stingily limit the per, howtctr, the mijonty of home business. r Adds unnecessary cases to croudtd Uj tentage or floor space that may be used sti - un5V are damj whtit coResouces' cwrr~t i dockets engine pens neighbo he rhood ,it a home office r But is such regulation entirely unit.,. using telephones, computers and faxes extend grirranees by reporting the .nnablel Absolutely not, Even though we Wha:s more. four out of Lve home-busl• neighbor to the authorities for working advocate permiuing home-baud work in nesspeople spend the majority or their home /lAVRt~G toSlMia3tO?[~s IOL'a%AL t %t'ststA 12 0 FAtt 1993 / 5 r 1 0 032X 't r 0 ~u ~ A 1 2. ComSIUNITIES WILL GAIN out of corporate jobs or unable to End Self-interest is a second reason to work In American companies interest communities in updadag their The essence of being a good neigh. bor is helping support people to support coning. Few local governments today' themselves. Some communities are are not pressed for r funds. . Someone responding to the needs of their rest- operatinga home business that xiolates a dents with micro-loin programs and zoning ordinances is not apt to buy a other forms of llnancial assistance. But business license. This deprives Socal goy- by simply updating their zoning to allow w v ernmeots of needed revenue that would home businesses a chance to operate, come from many legalized home-based localities will do even more to help their businesses obtaining business li<ensts. Localities with gross receipts taxes can residents help r are m• 1t'hile client are many ny ways in which figure they are losing substantial rev communities +communities can develop z.ng Orel trues from unlicensed home businesses. nan<es that balance protection of rrsi• eaedoniq}ormttwtJromtlNKPnourrei Looking beyond the immediate l;4+)•199Jareuataunryrof2,XXIAmcntan dvulal character with enabling people to haweha b Totals inclade home-based builnnses. impact en revenue, homes have tradi• work from home, what roltowY b one set relecom.muren, andaJur•hounheme woehers tionally been the incubators for bust. of standards this we it,I Lakes a reason. nesses which eventually expand and able and balanced sppr=h, Take a few Local pUnn,ngdepanmentsrepon sim;- move Into commercial office spate. A minutes to compare this list to :chat your Ur trends Pore ample, Redding Uiromo, umber of businesses have grown Out of communitystoning currently allows with a popul.ttion of about 7 3.tkks, reported ieir home origins to become major operations Some examples include I The home office or business Is l;3 homeacupauonWnt"tapplicanotsir clearly wondary ;a the use of the 1936.21) in 1963,3N to 119t1, and 334 to Apple Computer,, Ben & ferry's, Bor- dweihng as a residence and does not 1912 Ibis fareutpace.growthin other ca:e• U,,d Software, Celestial Seasonings, Day change the residential character of the Bones or permit 4rp6cations Runner. Gateway Computer Micros+ft. d+telltng or the lot in any xisible manner %trs. Fields Cookies and Tj. Cinnamon 2 The work done in the home office Those common rtes fortunate enough to or busintss creates no objectionable State Protection of have -berthed" these companies Can od,r notweable vibration, of offersn't Home Oecupaftrls attest to their value as contributors to noise that Increases the level o(attibunt t} < local economy The Importance of allowing people to Also, when localtues prosetuu sound xtheprapertYlines work from thcerhomes hisilsobeen tecag• i 3 The home office or business does nvtd by at leis some state legislatures N home-based businesses, they are apt not not cause unst fitly conditions or waste I to send them as renters to office or store g wrly It 1967 the Stitt o( Vermont Incorpo• • ' buildings in their own community, but xisible from off the property'. rated into Its toning enabling law the follow. i gthenity 4 The home office or business does ins proollon 'Protection of honitoccu to lose ranom t trolly, thiong hem to more people nothercommunity It not cause Interference with radio or We- No oxal roningl regulation may tnfrtmge upon Finally is a %i wet reception in the +icimty the right of aqv resident to iii? a mina( ror:Wn of h security during ut n to to i,ore the +vt neighborhood a time Itime 3 The home office or busintss has a dwrlling for an aeuparian hh;ch iseustar"r, so o thin man' residential areas are almost no more an two full-time employees inecndcntialmruandwhichd.rsnutchange y who tit not residents of the household thecbaracrerthertoJ'2tVS A, 4+MV. devoid of people lspecul permits may be granted to a:law G+ing rl+raugh the U!domta Assembly today 3. THE RIGHT THING To Do more employees?. is Ali 1309 which, If passed.wiil cause the t The home office or business has nation's Urgest state to, Iikt Vermont. Pit- Allowing people to work at home Is r' right thing to do. work at home self- no signs visible from the Sum 411961 vent tocalmes from prohibitieghorttabased c ployment is an Important safety net businesses / (or Americans either being downsired caaunueJenra;e ti P L A N N IN G COS1 St1 S S 1ON l A $ }O CnX A I r s t st llA t t r T Att 199 3 j k~ 32x ,,ago"" 0 Sov* Obsirvations on Zoning for Nome Offices PerfonnanctStandards ComI eJfompagell Iti for Home Occupations authorized by sign regulations for rest- ye dential districts. F e Ken Lerner, Assistant Editor 7, The home office or business ,113 Home occupation reguladonstend either no articles at retail on the premises J to list types of occupations that are or are not which are not raised or grott n on the ` „t permissible home occupations or to rely on premises `L` performance standards (though some ordi• 8 The home office or business occu• , . minces contain both a list and standards). In pies less than half the flcor area of the my experience as a zoning administrator, l dwelling. have come to prefer the use or performance 9. The home office or business Used as akumeoNttimes Pmidefujohn staAdards Art all, the question that reany has sufficient off-street parking to Al.t imogJrlurelni8h). needs to beAnsw•eredInlooking atahome accommodate both residential and occupation is whether or not the use Is home business uses. i-'-~ noticeable and has a potentially advert 10. The home office or business x impact on the neighborhood. [(a homit isecu• does not create a volume of passenger or patlon can meet the performance standards, eommerclai traffic that is Inconsistent l .40 what is the basks for not sllowing It, regard. corn she normal tetra of traffic on the iess of whir the specific business may street on which the dw ii1krig t: located InYpIYCT r Performance standards coca deal with a sviiimiSO UPt rr^,,.; rariety of concerns, and can specify sun- The es'idenct is clear that a growing " dardsfor: number ofnonresidenttmployees', number of people, fora wide variety of phoaskuwshwnuoJSaearkir, impacts such u noise, odor, dust, and Y bra- reasons, want to be We to work out of P•ralenr Johe F Fen^eJr sigh parking requirements, traffic impacts, their homes. Communities should reo- ala l t ttat c. PerformAncanct e standards ogni:e that they can continue to protect also let the home home business ownes know' residentl'. neighborhoods from adcette upfront - that once the business o•ngrowa impacts and at the same time allow cin. ""'r Ar r luau Ftv F., \taktrt Macey tt'u• the home by exceeding a condition or sun- ;ens the right to enga;,e to non-obtty- So:r Computer.: Home, hue)w: rime old ilea lord, it must relocate s{t a home busintsxs ♦ o'lr^^g infaeaanon. idll BV-7'Sd•f2fb, Thry From ditto experience I can tell you antrN:tnt rJuors re, N.me Of'i.e Compi,r- about a one-person consulting firm. allowed Pa'J PJ du•as. Fdt.a•la "iuya;tat, u^J fos,nJrJ v,J manage the under it soningordmancethatlived office e"'renn!rrl:'fa 'N;rhinOFr.m,Hdnlr JprYm04 aheCYm• y pf . T a"'fmwarl:n wnlce Pa'.3 aj Sunk also 'r sR OPJ4r N~'•i Ot mt".: ~e.'tnl type uses as permissible honor occupations n. (without haclMg any performance standards) a ; oaJ kr•.,•Fw,i: hus:^rs; ie.li,n rke n rrh;t 'Home Ojf,a' ak:w o^ the that grew Into a ion employee distribution Then F; ok tt'orkir.p 6.a:nns RuJ:,• ~';t Dale, B:fartfxus;n;tan kumr business it took lengthy proueution to (oleo From Name, ruhl:sheJ !".I:ntues. Paid stated at Ju:kson Counn t'nisfirm'srelocauonout of the -home 'lt ht TS•r~rrlPtalgee.ll hAaidSCIhOVJi, M Isouri'lC00,1indlarof wou[d have been far simpler if a performance now sat its 0i'l (J11we, r:rrg,,tcrnmrnsal rrfata+aa standard had been In place, Thor business owner would then ha:e clearly known at Editor's Nofer what point the business was no longer What a Neighbor) whose taensge kids or whose house, , a home occupation moms haven't been EAIPL05ED by ray ' " ' - from a messagr pureed mComrwgme (mend at:cme point or another' WORK AT P T ding to anthropofogtat Con- i HOM! j 'bay !rind runs a mifhan-0ailara)eu and accor I s as.a.I Nrxar~~:" i mad order business from his home in a stnnre Ptrln. -Home occupations can I nta• suburh, despite strong oreitoances stir up almost is much neighborly- rancor prohibiting such actmty L'P$ and RDEX as dogs an. An architect cantles on A suc• " N pick up daily. Big semi rumble down the tasful practice within his house, to fort. j M>;~A rMta, V i°"'~ ""'s+« strew it kart tw+ct a wwk delivering cull his netghbori emy --and eom- ~ tMrrp TI nW ,a h inventor) And it takes is many is eight pta,nis to city ball - he Invites them to " tiT1NNa nr al.N, l M aKa w/er try OW x employees to run things at peak aeasan. use his swimming pool, anytime." from ~J JA A Yo'ieso cop VA gran, ~ • assn ea•"aAN^"' t^ er a 4 out nobody tomPloins' Theateltt' Belonging in Am NA(UnlicrsuY a1lItb. ?here i not a family in the neighborhood mom n Pnas IOU) swoartroroxctm u to • Witte A PLANNING COMMt1St0SIIt S J0L'ISAt / vl:SIIIA It I FALL 1001 AY; 2h~~Q 32 x I❑ =auricarr . p { SSZ7 f WYS4Q Q~Zi~i~ F E AT U R E Restricting Home Occupations ki Brcu we've. E:q n today's society the klwgomtryCounik,Maryland,offers 'Major' home occupations musi relations between neighbors nt c" nple of how these interests can be comply with the same requirements is balanctd The Cc amy has emablished sev- 'registered" home occupations, except this are increasingly goti'erned by cral categories of-honit occupations' with they may have up to two non-resident land use agreements, declarations of varying degrees of govemmental Involve- employees. There are alse no numerical covenants, zoning regulations and the like. merit limits on client visits, though they must be And neighbors these days are using the by appointment only And there must be club of zoning regulations and restrictive sufficient off-street parking available. covertanuagainst home-based businesses. Approval of 'major' homt occupations Until recently, relativety few people requires notice to abutting property owners other that doctors and child care and a hearing. providers, worked or ran a business from DO N01 IAKI INIO These requirements though not their homes But with the technological A( 01 NI I III perfect - reflect a reasonable approach to tidal wave of the past feu years enabling regulating home occupations based on the development of new computer-based their potentul Impact on the community of IIIi IYIII. 0I WORK home businesses (such as small-scale Unfortunately, however. even if a l desktop publishing) and the increased use community has adopted reasonable home of telec~mmuning - coupled with the IN I If L 110%11 occupation regulations, more onerous pd- recession a growing number of people %ate restrictive covenants can still end up haye begin working out of their homes barring home c,upalons \11tile a com- Most zoning reguations still do not munity ordinarily cannot diraetly prevent ~4 into account the changed character of . °N',, iimp-M" home occupations are private developments from prohibiting the type of work typically performed in derinrcl as those which hate no more non-residentiil uses through restrietive the home and it is not unusual to find thin tiye \chicle wits per week. no non. covenants, planners can take the lead in udinances that simply prohibit home rc5,dcrit employers and are incidental to iri:rningdcveloptrsofthenerd for home occupations in some cr all residential dis- the rc5idcniol use of the building Such occupations, and tncourage them to pw- tnCts Slmlladv, condominium msoctation U!is are not rqu!xcd irid are permitted in tide fle!nblhfy in any reltrkci%e eo+'enantl. ~j covenants often provide that the dwelling a't rcesdcru.o :ones Those uho see the need for tncourag• can only be used for residcnpai purposes a Registered" home o.cupations ling home occupations might also seek to Even those covenants which allow prores• tnJudc A home ocxupations not meeting enact state laws prohibiting tht enforce. sional offices svmttimts so stringently the no mirio' criteria, and in which, the ment of restrictive covenants which pre- restnct this use a5 to make it impractical, owritr hies in the home more than 60% of elude home-based businesses, The primary purpose behind these the year, no more than Uy of the home Wit need to encourage, not discour. 4 use rrstncra+115 4 to present the resider- are.i is dt+oud to the buslne5s, the bust- age, employment opportunities, wherever teal character of the communty a laudable nets generates no noise vibration, glare, they may arise. In the coming deetadt. p oil and one few would quarrel with This fumes odor or elecnncal interference more and more of our neighbors will want reflects a desire to minimize traffic along detectable beyond the property line; no to - or have to - work out of their residenial streets, aioid the noise normal- hazardous materials are used, stored or homes We must be ready to help them, Iy, a55ociated uath business operations, and disposed of. no thick deliveries art needed t % enx re safeq by keeping strangers out of ttxccpt for parcel senicts such as UPS); Breu Wens is an auorriey in Arovgomer) cmm{+. residential neighborhoods, The question is no more than ort non-rtsldent employee slaniarA i+hohm been tn4tdin tamf rv aalp,+i• f how can these aims cc-t\istwith the assists the buimessamaxtmumoftw.tnty PWumnmOrsuite WIiiitneBtrmha Wrwi s desire of A growing numt,r of people w vats per week and five p•r d.ty by clients a1`tir rt5rnrnvteU tnantaJ(rsr Atnd Send mnuAa } work out oftheirhomesy or customers are allowed ftegistered° age'0ofnilnidk"`s`hiWilisir~reantrdrrtvv in it not deve4viev, ereir Area red due the 6,r<S. The answer is to craft zoning reguli- home occupitiors require adminlsiratite mray,,yirunvrcantmwraaddpre a<hibeia,raMc lions and covenants that protect neighbor- appr oval, but do not need to to through a a ,atroMrv twtdOruJrsrw+tdt~rr. hoodswuhout stilling home businesses hearng pr is ►tASsl\G C 0 4 M 1 floctA4 J0L'ANAt r xCUlra II J FALL tots 't510 32 X I O soje Moir • MAIN, 0 y j (b) No building in the rear of any principal building on the same interior lot shall be used for residence purposes, except as may be otherwise specifically provided in this chapter. 1 (7) Any lot upon which a principal building is placed shall abut on, and be accessible by means of, a city street or public place. (8) Nothing in this chapter shall prevent the restoration of any wall or other portion of a building declared unsafe by the Chief Building Official. (Cede 1956, Sec. 24.71 Ord. No. 2109, Sea 1, 12-21.65; Ord. No. 2751, Sec. 9, 7-1-50) Sec. 29.10. HOME OCCUPATIONS. Statement of Intent: This section is intended to protect residential areas from potential adverse impacts of activities defined as home occu- i pations; to permit residents of the community a broad choice in the 4se of their homes as a place of livelihood in the production or supplement- ing of personal/family income; to restrict incompatible uses; +4 establish criteria and develop standards for the use of residential structures or , dwelling units for home occupations; it Is not the Intent to eliminate certain businesses and occupations which maybe compatible with resi- dential areas. r (1) Permitted, Conditional and Prohibited Home Occupations (a) The following shalt be considered permitted home occupa- tions: (1) Home sewing or tailoring; t (il) Studios for painting, sculpturing, ceramics or other similar arts; (iii) writing or editing; (iv) Telephone answering; (v) Production of crafts such as ' handiwork, model- making, weaving, lapidary, and cabinet- making for • the purpose of selling the product; (vi) Tutoring and giving lessons, limited to four stu- dents; (vii) Catering, home-cooking and preserving for the purpose of selling the product; ~ Q • (viil)Computer programming; , (b) The following shall be considered conditional hose occu- pations: SUPP. 5/1985 CODE 29.10 Oct. 1, it" K 32 x~❑ AqjMLMKMLMMAL~ A ' (l) Day-care homes (six or fewer chDdren or adults); (ii) Physicians and other licensed medical practitioners., (iii) Barbershops and beauty parlors; (iv) Small repair shops (including small appliances, mower repair, blade sharpening and similar uses); (v) Realtors; (vi) Insurance scents; (vii) Bed•and-breakfast operations (See Section 29.10.9) (vili) Home professional office. )r engioears, architects lawyers and members of siantlsr professions exclud- Ing physicians and other licensed medical profes- sionals. (ix) All other activities aot included on either the permitted or prohibited list. (c) The following shall be considered prohibited home occupa- tion I., (i) Animal hospitals; (ii) Dancing studios or exercise studios; E (iii) Private clubs; !I (Iv) Restoursnts; (v) Stables and kennels; (vi) Automobile repair or point shops; (d) Rummage/garage sales are not included In the listing of permitted, conditional or prohibited home occupations and are not defined as home occupations provided no more than three sales per year are conducted, In addition, • sale of garden produce Is not defined as a home occupy tion provided no more than three saki per year are conducted. (2) Permit and Review Procedures (a) Permitted Home Occupation* -Applicants must submit an • application to Planning and Housing Department. The ® A application will be reviewed by tha ataff. The applicant ' will be notified of the decision of the Department, The SUPP. 5/1985 CODE 29.10.1 Oct. t, 1916 a ~r~ K10 32XIO d e ' 0 decision may be appealed to the Zoning Board of Adjust- ment within 90 days of the notification if the applicant is aggrieved. (b) Conditional Home Occupations - Applicants must submit a special Permit application to the City Cierk for considera- tion by the Zoning Baird of Adjustment. Applications will then be reviewed by the Planting and Housing Department. A staff report will be prepared and sent to the Zoning Board of Adjustment. The Bard may grant such Permit it It reasonably can. G ctudes from the evidence that the home occupation pro- posed will meet the standards set out in Section 29.100). The board may, if warranted by the evidence, impose, as additional conditions, such measures as may be deem- ed necessary to protect the legitimate use and enjoyment of neighboring properties. Any fallurs to obtain such Permit when required, or to comply with the standards and conditions aforesaid, when issued, shall constitute a violation of this section and shall furthermore be grounds for revocation of the said Permit attar notice and hearing by the Zoning Board of Adjustment. ! (c) Prohibited Home Occupations - Will not be allowed permis- sion to operate. (9) Criteria. Ali home occupations must most the following cri- teria. (a) Area to be Used, (1) The activity shall be conducted in a manner that will not alter the normal residential character of the premises and in no way cause a nuisance to adjoin- ing residents. Nor shall there be any structural i alteratlon to accoatmodste the oacupatlon. Thera should be no emission of smoke, dust, odor, lusts, gisre, noises, vibration, electrical or electronic disturbances detectable at the lot line that would exceed that normally produced by a sin`le resi- dence Special noise exceptions will be allowed for day-care homes due to the nature of the clients • 11 using the facility. (ii) The activity shall be located within the principal building or within an secessary structure. It shall occupy no more than 251 of go total floor area of the resldence and 0.111 not exceed 400 square fret of an accessory budding. ' • 1 1-10 SUPP. 5/1"S CODE 29.10 2 - Oct. 1, 19" 25 x I0 32x!0 0 .;Maw (b) Sii~aas. Any sign utilised at the home occupation shall ted to one flush-mounted sign on the main residen- tial structure wWcb $hW not exceed one square foot in area. Such sign shall not be lighted and non•ranecting materials shall be used. The legend sha11 show only the name of the occupant and the type of occupation. Color " shall be consistent with the residential character. (c) E W mant. There shall be no mechanical equipment usa except to is customary for domestic household purposes. Any merchandise or stock in trade sold, repaired or displayed shall be stored entirely within the residential structure or in any accessory building. No storage Is to be visible from lot lines. (d) Em loent. The activity shall employ only embers of the household residing in the dwelling. to certain circumstances and upon approval of the Zoning Board of Adjustment, awn-famUy members can be employed. (e} Traffic. The activity should not r*nsrate significantly g-rs'aF it traffic volumes than would normally be expected na residential area. Not more than ten (10) visits per I;_&_ day shall be allowed. Generally delivery and pickup of materials or eommoditieo to and free the prods by commercial vehicles should not exceed two trips per week. The activity shall not interfere with the delivery of utilities or other services in the ann. (f) Parkin[ Criteria. (1) Only one delivery vehicle associated with the activity may be parked on the street near the premises for not more than four consecutive hours. (11) One additional on-site parkin` space Is required above the normal parking requirement where two or i morn clients are likely to concurrently visit the premises. (W) No more than four client vehicles during a period of 60 consecutive minutes shall be allowed on the A site. (iv) Occasional exceptions may be permitted for such events as meetings, conferences, demonstrations, or similar events. (g) Clients. There shall be no more than- four clients or customers allowed on the premises at one time. This O requirement shall not be construed to pprohibit occasional exceptions, which are in no way a auCce to adjoining residences. SUPP. 3/1166 CODE 29.10.3 Oct, 1, 1966 ' I , mom! '4'plt1R7 r (h) Class Size. If the home occupation is the type in which classes a held or Instructions given, there shall be no more than four students or pupils at any given time. The Board may approve up to six students if it finds that the additional students will not generate additional traffic. » Day-care homes may have up to six children or adults at a time. Additional children or adults will require a Special Use Permit for a day-care center. (1) Number of _Home Occupations. The total number of home occupa ons within a dwelling unit is not limited except that the cumulative impact of all home occupations con- ducted within the dwelling unit shall not be greater than E the impact of one home occupation. This will be deter- mined by using the home occupation criteria. For exam- ple, the combined uses will not occupy more than 25% of the floor area of the primary structure and not exceed 400 square feet of an accessory building, the combined number of clients may not exceed four at any given time, etc. , (4) Bed and Breakfast Establishments Sr lal Permit Criteria. To obtain a Special Permit for a sn rea ast stablishment, All criteria set for home occupations must be met in addition to the following: (a) Maximum number of guest rooms - five (5) per structure in the medium and high density residential zoning dis- tricts (R-9 and R-4) and a maximum of two (2) guest rooms per structure in all low density residential zoning districts (S-R, RI-10, RI-6. R-2, R2-7). The Zoning Board of Adjustment may restrict the number of guest rooms to a lesser number. (b) Only breakfast shall be sewed and only guests residing in the structure or family members may be served. The structure shall not be remodeled into a commerce: kit- then unless required by Environmental Health rules and regulations established pursuant to Chapter it of the Ames Municipal Code; (e) Off-street parking ratio shall be one space per guest room and a minimum of one space for the owner. The parking spaces shall meet the standards established by the City; (d) Ousts shall register upon arrival, stating their names, current residence address and the Ncense plats number of the vehicle that is being used by the guest. The Ile, SUPP. 3/1935 CODE 29.10.4 Oct. 10 1966 32 x El Mae s , to f teed 'Use 1la (a) S trlcal outlet. located e1 )east N so as to oomptance with aonresld•OW inches above Ode` Is ooatru ll" 00 ad to accommodate qt• gonna t ooeupetlonuN thSahen+bnlaatesutyloxmpb (e) Cook nq unbs with ho open tame; wilts an accealb y law. No addblona) btrtdinte chat W added on the property to reoomnadals the home i Cl) t~ usawd, nonellp !loon, or low par, ocowp.tkn. cerpoUnq In all ea h0eatily open lo twldenl•; (4) The Occupation Shat hol gsserste (I) handles hvl"d d kv*W on Custoew related ult Irelk 1t Otter of Urea door and V~im q llx%r" vehlol•s per h boar day In rzn reeidontW neighborhood. (e) down plaoed M it m0hher to allow ocoupanes VWW of 00 a IWI waled; and, (5) No a•tinf of marohandles shag owes a the premises. (16) tl+eaklinq devices an 0hawrn, b+htubs ands No man! 91 nuterll awoolted t►1b the hor" aces tlan shat be di@AgW at detect (b) No t hewlnq (small 8110) we In an wheie vismla say rtsrs oC On Po nler. i /Tees dtatricl be k estsd wblJn W Net of WW1sr rotBertwtl h commall do) ues, This dltanoe Shat M The oo lion chat not Policies ktionnal be mwews4 W line to lad W. holes, vtbratlon , doei, odor, $0016 01411, k-%% rleotrkal intaft me or wade run-off "Ado U+a ~ (e) All to •mani housing Cannot du of 11147e dwellhq wish or Uu popMY rtmnuhding the ebe) dawkrpnro s ohaL be registered with the Austin dwotb,o wish. Housing Auto and other local agendas which inconneeUonwkhthahoae provide houblAo assistance to old•lly or physkally (1) Now sued epped pe rue handle occupi+bn w reQulos r eenunerala! drlret's 11aonw to operate be parked ce the psndaw so on any street a ae•nt to the t6owentYty roved f 111114 00"A1'101(1. property. Home opeu slim sodoetaq Io r• ldentlol w0 (e) The h owupallon *A not be adwsrl W shat be anbleci the hUMno t sWisot by shy mom on pramYw, nor *4 qte obW address of the has i o"WUon be adwrWOd dwoog$ (1) The is ocoupailon shat be conducted clone, s, I W4*%tedl of bewspapwr. antwely whhlh a wolWO whit wlJoh Is the bone Ede isoldencs of the ledtlonslb), at sal lay *thin 6* (10) A per may nd angrge In Qtr Nitow* one accessory at go butdMO (not to include a Va"Wo to a $ res oooupalm! carport). (a) Lhk al hoSpleL, ahMrllneedbtg; (a) Ho n 0691 than a Minty t+embet who 29118168 in t1~t d oulmo wish fray paAWW10 M Me (b) oli s, hospital, homes oocup{tio or, or •mr•e wiles the home A occur atlen • opera+km d a mediae! ekes (o) ha a1 091rkes; preMdon" raft of trahtw Coke. Vthe home t to Owlet a modleal, Draw,"$% (d) ooh elots yardo; SdmbJHn bubo" ekes. one sddblj person who yl~ h a Mx4y member may partbtpata b den • 010"; j the home odce lion. oil-strwt parking must be provided lot that ddhbnd penOM, Cry sera ~ and Samoa services; 1 (t) The r •nlial cheuela of 16• lot and (o) hod hove resid0ntll aaee; fd j N.t 691 she in+•rlor nee dwolWq shat be tntalnod. the eatedor of J+• weting ah►t N aWOlwaLy elated ohrpm 11. moo m6 Wes Anubw k OdrtrleM 1111 Ml1 r c rf AW Avo-g4 L.A N ~ ~D~J Et,o'p ~'i~ Go0 E ~ ~ r _ rf irry` al s'r, ti ~1 ' 1 X Ll saaroeae c i A4 Am& • Lod Denbpawtt 00114 (h) toe parbts olh•r thaw Massage { 11"a ORIM MGM Ihmpbte Doi by the tole of Two; (r) A stoup ome 1ha4 hot be based wMhh (0 to aummg,, cwtalf odic of an other Arena hems. TbM dlstaae repulrewnl shin meows by the Mr . t•Une Q) co lRaO bwgn; dielmos, rethet a WW dtdaao• Thb 04e111Ig " r•qu mMI Iha4 It 0. bewlr•r, appb 10 group homM (k) to galovtwe: oafpehatstwy vs n elate oroldsr.Awah+tof" bartont.guLtbn ybegmt dbythaftyC•uaoe. 0) Mlet (b) A k"Y ow dtall not be located W" (rN M orisnl•d Dudneseee; eaaAalt mu of otAw hatly hane. TlJe dYMaoe reo fi m M shW munted by the WetQld.Uae (r0 I Y f Wawa; d)aunoe, tathw IN % 011M1614111o0- A wa*M of" looatboreguladon yb*gmMWbYdWC Oowroll. (o) a woYclbta ao1Mo11a1 laoeYlee; (a) The ls al a group item. of be* (p) any ao IIMq hod, ro be MOW In N. boma auy as kee oa"prwwm of"Acme or an oocut>.nolM uhd t botSoti 11 b1 d ore Coda the publb dghls *a @46"M t0 tb• honor, teed ' am one moor w le pat b•droem far the we of do Ia; ;Me repair Os Moaa; or residents of the he (r) b Ica InwMm 00 repair of any Iype of W rnr combustion enghte melodies {le~e~Me REST ANDOOMAO~ e4ulpinent teak ItOIlN(IM (ord. 970031 e 104.97 (U DolermIft tbn of Woolard Use. A ` tauwW(Oen• .slr4dentautraled,ebl)a+Mngat 1 f l Si 1141 AND ►(tl a" POWAND the time of any Pei till appU 44MI (t) The restaurant mud oo ulti adaq"Is public old to pzimW or eecoadary Schools Idtehan babies the pr•pwadon of the 1001110 be j are nMeol to lb klbwtAe 11rhaUM: sow. The a4egae of the WOW MUM IhW be bIts W upon ift ag "poky of""Ift t ul and (1) The She SAW b heeled o6 a elrMt hating the IM d m•uu a paved width of i of lea than 40 Met at W petite uI%IQ it cotu,eots to u that mmw a pwbg WWI% of at (1) The ,twa0 tnud p rme a Misty of lout 40 fMl, enhea to be w it the general raw and tlal aY bed eeate br OW IA4 ptbe of tNOA e•m (e) Dtv►; units toad br tM1d•nIY1 ptlrpoaM oa th• sUe, In of one orals, we •nb(•el to 0)) IrMw of WWW bmm#W. 1•w "d rMld•ndd a10 sera tansng. WWI Ind alooAo)b gee VAY be Mend la a we derloated u a rMta4Hnt (gonwa0 atdw the ` (0) or 1tr pw*; et au be p M ed u 10 WsM11 oondb : required by f 13- 107, ~ (1) Al b ad Ii% of dta tmaae hotels of a . (4) Bath Ib and p"If 03wMtttary et rwtwranl aha9 be dwlt•d hem (As We of PeW aeooedto 84 mud provide btltst" leadb,g and W. wood" Is" {x sludeats to be IvOod w%*W on the pramtrea (1111 Trarlwallen Otlteria Mato. (J) A laorenl use Pot whloh a IM164Mwa purl tier applied br eom 64 Tana Abetw)te aswrea coeuttba)entsgatreaaeettdgforrd • Chapww IS* Aft h 2. Vow AadaYed Y Balm DYIr1rI II4I6.1e . J14- 1 f! i ~ff 4 10 • I I HIM Y ~oos~sd on pro0olt7 to t•ldoh the ootWt• ~nd~Id• would appb AAdo! IM oondabAs d„ees~•d In 113~1•TT1 "d u• W W*W su OMI to f 1d•t•Ttl, i of * s be •llowrd tits !M ma t!o aim ePmenUafNlm W"ttotad PrUof sleom b bom rm oeb tttl lo, to eoq+walb vvll1► nelAwu+t en. en•trareet vola to IM pfopon~m be O advsreleAer 6" 001 of die pi mw ~ IolnstuoM eN. ~ onloAskutrrd rr•Y M Perm"* Pw ovlded, ~U 04, tAI ow cored aol sm"d to deabold W"A and at to "ovift I" of IM ltooheed p u IMt 100 Y MAW In tho TWM Aleehalb f • Dodo, laof Oliaw WAY wda a v«lMdtatdh'toe &0ecw b b"t 10 l 1 ONIO&f 13.j of ISM IAM wlhmitW, Fab" to tLT* Paves, rp od n4 emu tee P*m Ye!• amm"es d A tr1•LIbf1 oMpler, (o) Aft tf•C>vIW as em*" aA do of od•rke, on of ioetod Oronetbr3 bf a aatktal ktlnfe or t ! wMh ttdsrheun Mtndl rhofl be shown on a • n t•Veked in Ou oeedklonrl vom peep MtAdord• wthw, In tddkfwl, e OeakfAl Id+tn Of t f•efe=Al wkh a ble•h•tw perrrA rht11 tie s+on►IY tllh 11te oAlakl b fqtS- Ard. hmOI d, Nf.1.10.11D I ~ I Obyht I 'I+ Ad* a Ow AdaiW b OMtdrtr ~ ~ ~ r bb ~ ' IM10•lo E 25 32XOa o I 8.5.1 6-5.2 CHAPTER5 HOME OCCUPATIONS SECTION: 8.5.1; Purpose and Intent 6-5.2: Definition 8.5.3: Classification of Home Occupations 8.5.4: General Requirements and Performance Criteria ! 8.5.5: Minor Home Occupatlons j 8.5.8: Major Home Occupations 6.5.7: Prohibited Home Occupations 8.5.8: Permit Procedures 8.5.1: PURPOSE AND INTENT: The purpose of this Chapter 5, "Home Occupations', is to permit the establishment of home occupations that are compatible with the residential districts In which they are located. 6.5.2: DEFINITION: A home occupation Is an accessory use of a dwelling unit that is: (A) Used for gainful employment that Involves the provision, assembly, processing or sale of goods and/or services; and (8) Incidental and secondary to the residential use of the structure and . does not change the essential residential character of the dwelling unit; but (C) Excludes uses that provide shelter or lodging to persona who are not members of the family residing in the dwelling unit as defined In Chapter 18, 'Definitions', of this Ordinance, i•a3 T6p83. - , K 10 32 xIC~ 0 6.5.3 6.5-4 6.5.3: CLASSIF:ZATION OF HOME OCCUPATIONS: A home f occupation established, pursuant to this Chapter, shall be classified as either a minor home occupation or a major home occupation In accordance with Sections 6.5.5 and 6.5.6, by the Zoning Administrator pursuant to Section 6.3.9, 'Administrative Interpretations'. Home occupations shall be subject to the requirements set forth In Sections 6.5.5 and 6.5.6 as applicable, in addition to the general requirements for home occupations contained In Section 6.5.4. No person shall establish a major home occupation without first obtaining from the Zoning Administrator a major home occupation permit pursuant to Section 8.5.8. 6.5.4: GENERAL REQUIREMENTS AND PERFORMANCE CRITERIA: All home occupations shall comply with the following standards: (A) The operator of every home occupation shall reside in the dwelling unit In which the home occupation operates. (For the purposes of this Section 6.5.4, a coach house shall be considered part of a principal dwelling unit.) (d) The home occupation use shall be conducted entirely within a completely enclosed structure. (C) The home occupation shall not Interfere with the delivery of utilities or other services to the area. (D) The home occupation shall not generate any noise, vibrations, smoke, dust, odor, heat, glare or electrical Interference with radio or television transmission in the area that would exceed that which Is normally produced by a dwelling unit In a zoning district used solely for residential purposes. (E) No toxic, explosive, flammable, radioactive or other restricted or hazardous material shall be useJ, sold or stored on the site. (F) There shall be no alterslion of the realdentlal appearance of the • premises, including the creation of a separate or exclusive business entrance(s) or use of signage or other advertising or display to Identify the business. (O) No cllentslpuplis shall be permitted between the hours of nine o'clock (9:00) P.M. and seven o'clock (7;00) A.M. r ~•s~ T8p84 , z r~ ~i 10 32X10 s i o 6.5,4 8.5-5 (N) No outdoor display or Storage of materials, goods, supplies or i equipment shall be allowed. E!E (1) The home occupation shall, at all times, comply with all other I , applicable laws and ordinances. (J) The home occupation shall not cause a significant Increase in the amount of trallic or parking on the particular residential street. (K) Garages the home carports, occupation attache other than for detached, the d storage not be used for of an automobile used for such home occupation. 6.5-5, b1INOR HOME OCCUPA710NS: A use shall be classified as a minor home occupation and allowed without a home occupation permit provided, In addition to the general conditions set forth In Section 6.6.4, the following specific conditions are met: (A) The total area used for the home occupation shall not exceed fifteen percent (15%) or four hundred (400) square feet (whichever is less) of the habLabfe floor area of the dwelling unit. (B) The direct safe of products off display shelves or racks shall be prohibited. (C) No one other than a resident of the dwelling unit shall be employed on the premises In connection with the operation of the home occupation. (D) No more than three (3) clients shall, at one time, avail themselves to a product and/or service provided by a home occupation nor shall more than six (6) clients avail themselves to a product sndlof servlce during a twenty four (24) hour period. (E) Deliveries of bulk material other than by mail, local courier, or intercity courier pertaining to the home occupation shall not occur more than once a week and shall be limited to the hours between eight o'clock (6:00) A.M. and five o'clock (5:00) P.M, Monday through Friday. Further, traffic circulation shall not be restrictod or disturbed as a result of a delivery to a home occupation, (F) Permitted minor home occupations shelf Include but shall not be limited to the following: r' s-o7 Tapes, K I~ 32XIO a 0 6.5.5 e•5.8 (1) Attorney, CPA, salesman, architectAendscape architect, I Interior designer, graphic artist, word p:acessor and , consultant. (2) Artist studios, provided no retail business Is conducted on the premises. (3) Word processing and typing services. (4) Therapists, social workers, human service professionals, (5) Mail order businesses, for recelpt of mall order only, (6) Telephone sales. (7) Teaching, Instructing, tutoring, or counseling, (8) Other uses similar to those listed in this Section 8.5.5 as determined by the Zoning Administrator pursuant to the provisions of Section 8.3.9, 'Administrative interprelations'. 6.5.6: MAJOR HOME OCCUPATIONS: A use shall be classified as a maJor home occupation, and allowed by permit pursuant to Section 6.5.8 provided, In addition to the general conditions set forth in Section 6.5.4, the following specific conditions are met; (A) The total area needed for the home occupation shall not exceed twenty five percent (25%) of the habitable floor area of the dwelling. (B) The number of persons who are employed on the premises in connection with the home occupation, but who are nonresidents of the dwelling, shall not exceed two (2). (C) No more than six (6) clients shall, at one time, avail themselves to a f product and/or service provided by a home occupation nor shall more than twelve (12) clients avail themselves to a product and/or service during a twenty four (24) hour period. (0) Deliveries of bulk material other than by mall, local courier, or Intercity courier pertaining to the home occupation shall not exceed f ' threw (3) per week, and shall be limited to the hours between eight t M o'clock (8:00) A.M. and five o'clock (5;00) P.M., Monday through Friday. Further, traffic circulation shall not be restricted or disturbed 16 as a result of a delivery to a home occupation. t r 7•a3 T8p98 110 32xIO A O l 4 - 6 5 8 8.5.7 (E) A home occupation permit issued to one person shall not be transferable to any other person and, the permit shall not be valid at any address other than the one appearing on the permit, (F) Permitted major home occupations shall Include but are not limited to the following: (1) Teaching, Instructing, tutoring or counseling. (2) Photo developing. (3) Upholstering. (4) Dressmaking and alterations. (5) Woodworking. (C1 Jewelry making. (7) Wordprocessing and typing. (8) Caterers, provided no mechanical or electrical equipment ' shall be employed other than that customarily used for household purposes. (9) Repair services, provided no retail business Is conducted on the premises. (10) Mali order businesses and telephone sales. (11) Other uses similar to those listed In this Section 6.5.6 as determined by the Zoning Administrator pursuant to the provisions of Section 6-3-9, 'Administrative Interpretations% 6.6.7: PROHIBITED HOME OCCUPATIONS: Certain uses by their ♦ nature of Investment or the impacts related to their operation have a pronounced tendency, once commenced, to either expand beyond the scope of activity permitted for home occupations, and thereby Impair the Integrity of the residential district In which they are located or exert a negative Influence on the realdontial neighborhood In which they are located. For this reason, the following uses, regardless of their compliance with the standards In Sections 0.5.4, 6-6.5 and/or 6.8.8 are prohibited as • home occupstions: ~f+r I 7.93 T6p87, I 25 32xio 9A gnu ~~MNILILJRLALoMLML~ • 0 6.5.7 6.5.8 (A) Any repair of motorized vehicles such as repair or painting of autos, trucks, trailers, boats, and lawn equipment. (B) Animal hospitals, kennels, stables or bird keeping facilities. (C) Barber shops or beauty parlors. 1 (D) Clubs, including fraternities and sororities. (E) Funeral chapels or homes. (F) Medical or dental clinics. I (0) Restaurants, I (H) Warehousing, (1) Welding or machine shops. (J) Other uses similar to those listed In this Section 6.5.7 as determined by the Zoning Administrator pursuant to the provisions of Section 6.3.8, 'Administrative Interpretations'. 6.5.8: PERMIT PROCEDURES: The following procedures will apply to major home occupations: (A) Application for a major home occupation permit shall be made to the Zoning Administrator on a form provided by the Administrator and shall be accompanied by a filing fee established by the City Council. (B) After determining that the major horns occupation permit application II Is complete, the Zoning Administrator shall make a decision and E notify the applicant in writing within fifteen (15) calendar days. r (C) All major home occupation parmils shall be valid for a period of five (5) years from the initial date of approval. (D) Violation of the specific requirements set forth In Section 6-5.6 or the general requirements set forth in section 6.5.4 shall be deemed as a vlolati.)n of this Ordinance and shall constitute grounds for revocation of the major home occupation permit by the Zoning Administrator pursuant to Section 8.310.6, 'Revocation of r Certificate of Zoning Compliance'. 7.03 T8p88 . 25M,1o 32X ❑ e o JLL-28-1997 8956 FROM CITY OF LAKE FOREST TO /I 913t243199195 P.82 Ca~'tOR2s-r TL- d. The City M" w must receive an application for the daps of the proposed Desoor Showcase Home sex (a) monf prior to the Proposed event W must reazw the spprdtlon for the spy bc9Wm of the proposed home no ton than three (3) months p6w to the event. e. Such other Concroms IRS the City Manager may doom appropeWe and reasonable. I 2 Aealdw ttal @OuVgM and Handnade Craft tUW. SL Purpose: h is the lntertt of this Chapin to repuWo realdent al baAiQus and handmade craft sales in suoh a wry to s is to ony p Sm* &*,*y that is deemed to be cwVwtl * whh the charechr, of a MbWj dl netphborhood, b. A"dentlal boutiques end Handmade Craft Use may be oortducted only by Instihfiorw such as Churches, amplss, oon1A'o* centers or other InafkuttorW public or prMb properties. Such Ins*AoM rosy hold or stow theb premises to be used for Was for the bvwA of lake Forest not•for•proM organizations, provided however thst prior to any +We, a permit must be obtained from the & Aft Departrtmtt of The City of lake Forest, In arr"clancs wNh the provisions of Stefton 48. 3B (9)•(4I•(s)•(8) be ow, oxcept the sech s* shad be Cmited to not more than three (3) COrsocutiw days. _ 3. Home Oooupallons. a. Purpose: It Is the infant of this Ch"r to parrot as home Oxupedons Of uses that conform b the standrds sal foith herein. The standards for home occupations w v4snded to of" : CompatibiTV with otter perrmmed uses and with be f*W& Gal' " charader of the neighborhood, and to do" estab4sh such home 0 oocupeWns as POW48FY end lrWenlsl In reteton to ft residential use of the property. b. Performance titandarde: All home oooupedorts must be conducted 46 Compdana WM the Wowing standards and lemhadons: f) The prlrnsry use of the dw kv unit ahaN remain rMkferittst: 0 • { j The home Occupation aheil be dferfy irtoldoft and I subordinate to the pdmwy rookW w use Of the dw/44 The Ch, 48 - ZONING CODE Pape 72 - AEV. of/21 Section 4g i I k WIN" JLL-26-1997 09%56 FROM CITY OF LWE FOREST TO 913124319985 P.03 home occupation shd be eonduat"d wkwn lice knits of ft dwelling unrh, but no more than W% Of N WW square WACO d th" dwelling unit, not to exceed SM square feet,"be wed ` in the owduct of the home occupauwL In ak ulatirv the square footage being used In the oanduat of the hares 1 0=4H IM. atl eras d the dwelling unit and bu Id r" which are In any way used toward the*= or conduct of the home occup ton :harp be induded. If more than one (t) home oooupufort Is gWaMd In ft re"idirm ft combWnd tOW square botage d&Mod to all such h6" oowpabons shsl not axoeed 30% at ft total Wwn balsas, Of WO square feet, whichow Is Im The use d aoce"" bindings for home ooalpstion purposes may be approved by me Uy rNanager ti he Mds such use oonststertt w4h tfis purpose and Intent of this ordinance and In wmpliiW With apok able performance standards. 3) The Operator Of operators of the home occupation snap make tit dwelling unit whim ~ fie home o=*Won I$ conducted his legal and primary place of ?"War". 4) No one may parwpsts in or asalst will the conduct or ` oa+r$Wm of a horns occupation except: S) Individuals who meth the same re<,idertce r*4*#nlentts, Worth In paragraph 3). abm, as must tai n*'by the opereta of the harts oca* aion. b) A non-resident assistant, subjw to the Wlm* g requirements and kMatione: 1. Panlcipation by ft nonnaident a&Sbt t'shal be subordinate In a the paw-06 §r t0 tM conduct IM swc of a of a nun", heaptialbt of~asl Wrd In the honTle ooapWon of a,=. I. The nwraidartt nois"anal not , totally Of parfapy, In fie aapacity of « MWMWW operator of tin home occupation, ae Mn addido W • lysct8l m co ifta prdaaiortal, emit or oOClWOMl e"Mce of the o" aW or $I a Palmer or prohssbnat Modo "(W. , '~h. 46 - XOWMtl CODE Pap" 73 - REV. 01/91 Sedlon 48•i0 i : S 10 32XIO • o AX-26-1"? 09,57 FROM CITY OF LAKE FOREST To 91312431998S P.04 ' i PartiOIPation by the non.reatdent assisteirt ship be limited to forty-9ve (43) hours per week... More than one (1) Person may be used as. a rx* resident assistant provided that np more than arms b on the premises at any time and Uthtir provided that the tow hours d ell such non- resident esisbnb do not exceed 4s hours e Permitted herein. Iv. H more than one (1) home oaa4mom is conducted h tha same dwWq unk, Iw6oWeM Assistants nvy be used In an kch hams. - OiXUA AtIons provided that no more tha w* is On the premise of any tune, and further OroAded that the total hours of all such no"fisideht assistants do rat exceed the 45 hours as Permitted herein. 5) There shall be no change in the outside aposr nce of the building or promises or other visible ev;denc i of the oorhduct bf such home oocupation, Alterations shah not be made to the Interior of the dwa* g whkh would render k undestrsbie for e"Wentlad uss. , 7) Add Lions, enlargements or axierlor ek Aborts that t h" the residential appearance of the dwa N or lot shall not be'permitted, Any proposed exterior changes shall be subject to 8uild'uhg Review Hoard approves. 8) No addhlonal or separate exterior a **nce V* will cause a not Increase In the number of entrances shah be oon*Wsd for the • Purpose Of canducting the home occupation. 9) tJmked amounts of goods, cornmodi fes or clock In trade aha ; be received, retained, used or stored on, or phytiaN trensfenid from, the premises. 10) Except is Provided In paragraph 13), below, no more than lour • • (4) Irmdrviduat clients, customers, Pstiroft, or stkvloe or de5vort men may owWy the premise sknukwftu*, No vehicular Ch. 48 - ZONING CODE - Page 74 - REV, 01/91 Seotl M 46,E 75x1 32X o J1L-28-1997 89157 FROM CITY OF LAKE FOREST TO 913124319995 P. O'S btffiC subtland8ly greeter than nortnaf in the adpoem residenda{ Area It permhted. 11) The use d electrical or mechaNcal equjWwt dvt w614d change the W**fance inr ra o and of the struft", craft televtalon rec"rt ~ ~ fluctuAdOm to GM vohkfe outside the dwelling uf* is ~Wblted. 12) No penrMed home occupadon(o) SW in &*s wfth MN rassonaf;a:e use and enjoyment of adW" 1"Wer" pfOPerties. , I 13) No pemtltted home oom podon sW be allowed at Arty *m to I oMer any goods for retail sale to the general p&lo ftM ft bcadon of the horns coMpation except ae proyloW fdr in paragraph 10 Wx*v or eappt as foibwe; s) No more than one (1) prNW sale may be conducted at each home oocupakm kxCIfOn In any C*Mdw,*r tnd MAY 00ndnus for m period not 10 exceed four doil Provided, however, that such tour day period may run consecudvey 0( may be broken Into lesser IncrWrwts, but in no evert"the total exceed four days any calendar yew. b) NWVIc ion of the Bale"be by y addressed, private invitation. Smiles shag not be ofhredto ft general pubrb. The use of general media l6ert{slog or by general distribution of styes Wormsgon IS prohibited. C) Ormndfather Clause All Home Occupa►~ns w" die .w City shale conform to the standards set forth Mnt except that those Home Oompsoons in 0611 noir o 1 the • effe0dve date of this ordhvioe that do-not the criteria herein and r WUV the following critdria may oonti" h oporati0n for up to No yews after the adoption of this ordna a, it whk:h time they shill be terminated; I. The Nome Oooupad0n is belted in H-1 through. R. • 4 6:Oning clttTtcta. lb _4 I Ch. 48 - ZOMNO CODE Page 75 AEV. 01/91 9ec3iorT 48-M , 25 •,ICJ 32XIII 0 0 j ]L1.-26-1997 Qd15d FROM CSTY CF LAKE FOREST To 91312431998' P.06 IN Home Oocupatlorl has been in operadon for a oontirxiotrs period $Vice July 11,1197;2 III. The operator of the Honor Occupation must Provide The Chy of Lake Forest with documentation of hs 09"lona datfiio back to July 1, 1972. Horne 000*ettone ~ do not meet the pOrlorrhence stavodarda or the fwepoiV orlieria sfsdl be not Isee than e0 *2 after Pasape and pubucatlon of this ordinance. 4. Garage hales and House Sala. a. Perfermsnee Standards: M garage sates and house s*s"by conducted In "flame with the tPowfnp standards W knifstlons: 1) No more than one (1) sale may be conducted during a 'calendar year at any one (1) residence. 2) Not more than Ones (3) households may conduct a sale at any one (1) reside". Uihen members of more than one (1) residence join In Wft a safe, the sale shell be ooraidend to have been held of the residence of each partioipetklp m*nW. 3) Each sale shall be limned to not more than two (2) consam4l" days, 4) The hours of oblation shall be ilmhad from 9:00 A.M. to 5:00 PJt. F 5) No Items for sale may be displayed In a required ysr{d, as defined in the Lake i'onst zoning Cade, not shout a,yy hern<;',>ror sale be displayed on the town area bo~ the houlre and a public or private street 6) Signs: One 90, not to exceed fax (4) squue fast In srok may be kx&ted an the property where the We IS to lake place. • M addltion, M mare than ft" (3) off•p t • • Around aions may be placid In the public parkway, a! I*W ( i ZIA Intersections, Provided the signs: UJF i Ch. 46 ZONIM CODE • Pape 78 AEV, 01/91 secoon 48,16 1• i ~ ~ 2 -S x. ❑ 32 X I O 0 n~ww o ' 1 1 d.Uh LORINO 0048 Sec. 13.01(1) ifon>o Oec eifon. A home occupation is any occupation carried on by e member o u nme +te Eeslly retldIng an the pranlaos, which :Mats a!i of the following conditions: 1 11 that the oeeupetion Is conducted wStMn a 4wellin3 end root In en occessory build}ngl , '2. That. the occupation is clearly tncldental "rnd lecorK%ry•to the + principal use of the awaiting far dwelling pvrpolesl • . 3. Ihot only >tremben of the imnadlete family rosidin3 on the premises ! aoy be employed; unUss ¢uthoritod' by is. variance from the, Zoning , II Doe rd of'AppeiIs;.. ' 4. That no stoelt•in•trede is kept or commodities sold, other then those rude on the promises, , ur~1011 euthorive'd by. a variance ' from the . ,.•Leniiig'toard of Anill (Am by Ord; . 7U,.:11.11.76) " ' S. That $&Via$ mayy bi kept but not sold on the ptomitoil 6. Thst no moche~rfeal equipment is wed 'except such as may be used for purely domestic or bowehold Purposes, unless outhorited by a variance free the. Zoning Soord of Appals; (An. by Ord. 5i5), 12.14.15) 7.' That such aceuupQetion shall not require Internal at external alter. otions, or involve construction features not custwory in a dwallinr{ I - one story oo{r the dwelling It devotedctotsu(ch,homef otcc p tlonl area o[ 9. lut the entrance to the spsee devoted to such cceupetion is. from r within the building; i 10. That there It no evidence, other than the nwAplste referred to In 11 below'that will Sndicste from the exterior that the building is being muntiilited in pert for any purpose other thin that ofa dwel• 11. than a there sh llsnottbehIlluminated andlnn~~s7ulttnnot quare teat in area. more thin 9, (1111 064 (Am. by rY{ x1119 ro Su',~'.1 raor~ odII~ I r'Id +(clA •7.?Gci rota. o.aae:rZrrfe W -0 l }~IAD 150YV, 1it11. . E 4 32do o loma Occupation Rapuht ami 1 ! hnp,Ihv*w.dmawa eomlCITYihomeard htm I~J-s~ii.>1 , I ~t q 5 Home Occupation Regulations E , revised 9.93 i j DXU-HOME, APP i 06.1 HOME OCCUPATIONS,$ E I Employment of residents in home occupations within residential neighborhoods can have the following benefits for the residents and the City, improvement in the economic status of persons who might otherwise be unable to find suitable employment; Improvement In the quality of life for persons who prefer to work at home; reduction of traffic and congestion Insofar as those employed in home I occupations of security from the presence, of residents in their homes and neighborhoods during working hours; Imrovement in the local economy from increasing employment opportunities; and enhancement of the tax base for the City, both directly from taxation of home occupations and indirectly through growth of the local economy; and ! Home occupations need not detract from the residential character of a dwelling or neighborhood if they are subject to appropriate criteria and restrictions to prevent substantial increases in traffic, congestion, parking problems or other deleterious impact on the neighborhood. A. CRITERIA AND RESTRICTIONS; 1, A home occupation requires a Conditional Use permit. The conditional use permit for a home QSS4pation is personal to the applicant, is not transferable to any other person, and does not apply to any other business of the applicant. 2. A home occupation shall be compatible with residential uses of the dwelling„ shall not change the residential character of the dwelling, shall not detract from the residential character of the neighborhood, and shall not result in substantial Incresse2 in traffic, congestion, or parking burdens in the neighborhood. In addition to the provisions governing conditional uses set forth elsewhere in the ordinance, a home occupation is subject to the following criteris and restrictions: i 3. Shall product no detectable fumes, odors, dust, heat, noise, vibration, glare, electro-magnetic field, electrical interference, or other effects outside the dwelling, including transmittal through vertical or horizontal party walls. E 4, Shall occupy less than 2543 of the floor area of the principal structure, and shall not require internal or external alterations or construction features not customary to a residential dwelling. 4 Section rewritten and adopted 7119/94, • j, t4l 3. Shall not require fixed installation of equipment or machinery. 6. Shall be carried on entirely within the principal building No home occupation nor any storage of ~ goods, materials, or products connected with a borne occupation shall be allowed outside the dwelling or in accessory buildings or garages, except for puking of the occupants' vehicles. I ` 017 1311 :13 2hxI0 32XIO • 0 Homo Occupation Rspulaaons http /A~ dmssonCOftCITYMamsowd htm 7. Shall have no more then one vehicle with business Identification, and shall have no vehicle with greater than one (LO) ton capacity and shall not have any trailer. 8, Except as required by state law, there shall be no exterior indication of the home occupation, no exterior signs, nor any other on-site advertising visible from the exterior. 4. Shall not involve any on-site employment of persons not residing in the dwelling unit. 10. Retail sales shall not occur on the premises on it regular basis or in substantial volume, and no stock-in-trade shall be displayed on the premises Retail activities are limited to storage of personal and household products (eg, jewelry, crafts, health and beauty aids, household cleaners) for We at a location off the site. 11. Shall register as a business with the City Finance Office and shall pay applicable business and occupation taxes 12. The application for a dome Occupation Conditional Use permit must include descriptions of the days and hours of operation; the average and maximum number of customers, clients or students per week, per day and at any one time, and whether they will be coming by car, by public transportation or on foot; the average and maximum number of deliveries per week and per day; the availability ofort-street, off-street parking, and public parking at the site and in the vicinity; and any other ways in which the home occupation might affect congestion, traffic and parking in the neighborhood Approval of an application for a home occupation as a conditional use shall be conditioned upon compliance with th• description in the application and such other conditions as may be imposed by the Board, Off street parking may be required as a condition, depending on the circumstances. 13. If the applicant is not the owner of the property at which the home occupation will be conducted, the application must verify that written notice of intention to conduct the home occupation has been given to the owner of the property, and the application shall be accompanied by a copy of the letter by which notice was provided to the owner of the property. 14. Aficr a home occupation conditional use permit has been granted, if the holder of the permit wishes F to make any change In the conduct of the business that departs from the description In the application or from any other conditions or restrictions imposed by the Board, the holder of the permit must obtain prior permission of the Board on the basis o£a new application 15. If any resident living within 300 feet of a home occupation believes that it is being conducted In violation of the imposed conditions or believes that the home occupation as conducted is detracting from the residential character of the neighborhood, the resident can submit a petition of the revocation of the conditional use permit If the Zoning Administrator Is unable to resolve the problem Informally, it will be i placed on the agenda of the Board of Zoning Appeals for a public hearing. On the basis of evidence Introduced at this hearing, the Board may revoke the Conditional Use permit or Impose additional restrictions or conditions on the conduct of the business. • . 40 Section S, Definitions HOME OCCUPATION - An occupation, profession or trade carried out on a regular basis for financial gain by one or more occupants, who reside in a said dwelling unit, as a secondary use which is clearly incidental and subordinate to the residential use of the dwelling. ~f S n1m4ro1 44 f f lA ll i 7rix10 32X10_ • o 4oma QoeupMons hNIMwwcnulo,cool-countiWph'homeocw him Home Occupations WHAT IS A HOSIE OCCUPATION? In residentially-zoned areas, limited income-producing activities may be conducted if they are not harmful to the neighborhood and do not create a parking problem. These include activities such as: 0 music lessons ❑ small appliance repair ❑ hairdressing ❑ tax preparing d catalog ordering 0 other similar occupations ARE PERMITS REQUIRED? With a few minor exceptions, a building permit Is required for any new construction. Fro home occupations that may have an impact on the neighborhood, a Level S Development Permit, Issued by the Zoning Administrator after a public hearing, is also required f FOR MORE 1NFORMA (ION This brochure summarizes the rules about home occupations. For complete regulations, see the Santa Cruz County Code, Section 13,10.613. If you have questions about home occupations, call 454.2130. WHEN IS A DEVELOPMENT PERMIT REQUIRED FOR A HOME OCCUPATION? I . When more than one client, student or customer will be present, 2. When outside employees will be hired. (Not more than five non-residents may be employed in any case) 3, When more than one room of the hours, or more than 113 of the floor area Is used. 4, When there is outdoor storage or activity. (It must be screened from the street and adjoining • properties. A11 noise must be contained within the site boundaries.) 5. When retail goods are sold which were not produced or assembled on the premises. 6. When a vehicle larger than 314 ton, or more than one truck of any size, is used. 7. When heavy-duty equipment of more than horsepower is used, S. When it involves the handling of hazardous materials, of of any amount of an acutely hazardous ' substance. • • • 11'IIEN IS NO DEVELOPMENT PERMIT NEEDED t 1. When only one client, student or customer will be present at any time. / 2. When the home occupation wilt be carried on only by full-time residents of the dwelling. 3. When only one room and less than 1/3 of the floor area Is used, 4. When there is no outdoor storage or activity. 1 e4! AAAt^1 H 1I M O25 32 x o ' Homa pcovp&ton@ hnp.1w" tnnto 00m!-C"r1 41rJhom0oca ht, 5. When all retail goods are produced or assembled on the premises, or will be ordered by mail, 6. When only one vehicle not larger than 3/4 ton pickup truck is used. 7. When no motor larger than nursepower is used. 8. When no hazardous materials are used, HOW TO APPLY FOR A LEVEL 5 DEVELOPMENT PERMIT You will need to fill out an application form, pay the appropriate fee and submit a description of the project. Include whatever plans are listed on eh "List of Required information", which the Zoning Counter person will give you. Describe your proposed activity, including; ❑ Hours and days of operation o Number of employees and clients expected ❑ Equipment, vehicles and supplies to be used For a description of the permit procedure, see the brochure ZOnIf1II Administrator D ~plopment PernLt• OFF-STREET PARKING In addition to the two or more spaces required for the dwelling, you must provide one space for each vehicle involved in the home occupation. This includes clients', studsnts', customers' and employees' cars ` as well as trucks and delivery vehicles f SIGNS One unlighted sign not larger than one square foot may be attached to the house or the building where the f home occupation will be conducted. If the dwelling and building are set back more than 40 feet from the front of the property line, the sign may be attached to the mailbox TOXIC MATERIALS If you will be using any amount, however small, of a chemical preparation such as paint, fiberglass, solvent, resin, oil, caustic acid or gas under pressure, be sure to contact the County Hazardous Materials Program staff. Call Environmental Health at 454.2022 between 8:00 and 9:30 a.m., Monday through Friday, except holidays • ACTIVITY ANNOUNCEMENT The County of Santa Cruz Planning Department does not discriminate on the basis of disability, and no person shall, by reason of a disability, be denied the benefits of its services, programs or activities. The Planning Department is located in an accessible facility, If you wish to participate in any Planning program or activity, or wish to receive any Planning service, and you require special assistance, please • • contact Bob Watson at 454.3145 at least five days in advance in order to make arrangements, Go Back To. Planning Main Mcu 0 2 AA1AA rot 4 4 0 M WX7 32 X MUM o c nx~as . aumant•fototnfo6aa httpaMwv.munkodooomJfop!,ppV113e9.nralgwry'Idod(ra01,0, )j CODE OF ORDINANCES City of OLDSMAR, FLORIDA Codified through Ord, No, 97.20, adopted July 15, 1997. (Supplement No. 7) PART III LAND DEVELOPMENT CODE* Article XIV SUPPLEMENTAL REGULATIONS$ previous 14 rrostsocrurATtoNS, A'home occupation" shall mean the conditional use ofa dwelling unit for galn8il employment provided the occupational use is Incidental to the primary purpose of the dwelling unit as a residence. Home occupations, where allowed under the provisions of the Land Development Code, shall conform to the following provisions: 1. No person other than a resident of the dwelling unit shall be engaged in a home oceupation. 2, In all cases a home occupation shall be incidental to the use of a dwelling unit for residential purposes, No more than 350 square feet, or 204/6 of the total floor area of the dwelling unit, whichever is least, may be used in connection with a home occupation or for storage purposes in connection with a home occupation, Floor area of s dwelling unit, in this case, shall Include the floor area of all heated and alt i conditioned and ventilated and thereby habitable rooms and areas within the dwelling unit, Including basements and habitable attic space. Cubic limits may be Imposed. 3, NI activities associated with the home occupation shall be conducted entirely within a dwelling. There shall be no display that would indicate, or other visible evidence other than herein provided, that the dwelling is being utilized for any other use than a dwelling, unless such display or evidence Is located Inside of the dwelling in a fashion as not to be visible from the street. There shall not be a separate entrance from the outside of the dwelling to the area occupied by the home occupation. 4. No stock, goods, wares, or merchandise is to be sold on the premises S. On-site sales or training promotion shall not be permitted. 6. No storage or display of goods shall be visible from outside the structure. 7. No highly explosive or combustible material can be used or stored on the premises other than those normally associated with a residence No activity shall be allowed that would Interfere with radio or television transmission in the area, nor shall there be any oMnsive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line. r 8, There shall be no exterior Indication of the home occupation or variation from the residential character * i of the principal building. Any vehicle associated with the home occupation which has signs or markings Identifying or advertising the home occupation shall be parked in an enclosed garage or structure at all times while on the premises. 9. There shall be no deliveries to or from a home occupation with a vehicle larger than a three-quarter ton rated capacity truck or other trucks normally associated with residential districts and deliveries will be no e041Pe,04v IAO } - In 32XI0! i l tmocumcnt. Fo,o adobese hnp.Mrww.munleode comflooo.pgV$17e0.nrolgwry•Ydoc1{r101,o, * more than two times a week, 10. The use of mechanical equipment other than usual for purely domestic or hobby purposes Is prohibited. R 11. The operation of any wholesale or retail business, unless It is conducted entirely by mail, and does not Involve the sale, shipment, or delivery of merchandise on the premises, is prohibited. 12, in no case shall a home occupation be open to the public at times earlier thin 8:00 a m , nor later than 10:00 P.M. 13. No more than one home occupation shall be permitted within a single-family dwelling unit. Id. Permitted home occupations shall not include the employment of any persons not residing on the premises in the performance of the oecapatien. 1 S. A home occupation shall not create greater v-hide or pedestrian traffic than normal for the dwelling In which it is located. 16. Activities for the purpose of selling merchandise or taking orders shall not be held more than four times each month, 17. Home occupations that attract customers, clients, or students to the premises for sales or services for sale shall not be allowed in multifamily dwelling units. (Ord. No. 96.8, § 10 7.2.96) trexf„ f i ti ~ , 10 32XIO r ~ i Q t I,~ r 0 ANAM Docvmard•FoGolnfabau htty:lMarv.mur~icodaeomMotlo.ppi1117e0ntofquery~'ldoa!{Qf{ t} Bud;i ' CODE OF ORDINANCES City of OLDSMAR, FLORIDA Codified through Ord. No. 91-20, adopted July 15, 1997, (Supplement No. 7) PART III LAND DEVELOPMENT CODES Article X1V SUPPLEMENTAL REGULATIONS' 14.5. HOME OCCUPATIONS$ 14.5.1. Administration. Home occupations shall be administered as follows 1. The operation of home occupations shall require a permit issued by the city. The appropriate Issuing city official shall be designated by the city manager and shall review all applications for such a permit to ensure that the operation of such home occupation strictly meets the standards Imposed by this action, No standards Imposed by this section may be waived and additional conditions may be imposed by the city to ensure compliance herein. If, in the opinion of the community development director, the home occupation cannot be reasonably be expected to operate within the standards Imposed herein, he shall not approve the issuance of an occupational permit. 2, All permits for home occupations issued by the city shall be specifically applicable only to the j Individual applying therefor, and shall not be deemed to run with the land Any individual denied a home occupation permit shall have the right of appeal to the city council, The council may impose such reasonable conditions as it deems fit upon the issuance of the said permit to insure the protection of the residential quality of the neighborhood. 3. Should a home occupation permit holder die or move to a new location, the existing permit shall be automatically terminated, except that, in the case of death, should a surviving spouse or child residing at the same residence desire to continue the home occupation, written request to that effect shall be given to the city and shall be subject to city review as to compliance with this section, 4, Any aggrieved person believing that a violation or violations of this section is occurring and who Y desires that action be taken by the city shall notify the city code enforcement officer, In writing, of such alleged violation(s). Within 30 calendar days after receipt by the city code enforcement officer of such • written allegation(s), the city code enforcement officer shall complete an Investigation of the allegation(s) to determine the merits thereof, S. Persons with demonstrated physical handicaps may be permitted special consideration by the community development director, The applicant may request waiver of & portion of all or one or more of the foregoing requirements. r 6. The city manager or his designee will designate an individual to conduct periodic inspections of home tilt • occupations to ensure compliance. Review for compliance will consist of enforcement of the criteria and conditions set forth herein and will be determined by the city manager or his designee. 7r The city manager will have the authority to determine if any land activity in residential zones, speci9cally commercial or Industrial uses, cart reasonably be considered to fail under these regulations ttrtrrotta; - 25 x ❑ 32 x I❑ ..ona.M o..s bcumant Fololnfobaae haplMMw.munkodo,eom+loto.pg1113ea.Mo7quuy.'Idou(Q71 t}i 8. The filing fee for a home occupation application will be determined by the city manager, This fee shall be based on the cost to the city In reviewing such application. 9. Any violations of this section by any home occupational permit holders shall subject the permit holder to hearings and fines, if any be assessed, as determined by the city code enforcement board or court of law. Any violations of parking a vehicle associated with the home occupations as described in article X1V, section 14.5(1) shall be subject to fines as provided for In section 6645(8) of the Code of Ordinances. I 10, Every person who, upon the efi'ective date of this Code, holds a current home occupational license issued by the city shall be entitled to a renewal and shall be deemed to be grandfsthered subject to the payment of current license fees, administrative, and informational requirements contained herein, (Ord. No. 93.11, 6.15.93) 14.5.2. Permitted uses. 1. Art studios/in restoration. 2. Dressmaking/tailoring. 3, Offices of a doctor, lawyer, engineer, architect, dentist, or other professional persons with the use limited to consultation or emergency treatment, but not for general practice of the profession. 4. Data processing. S. Direct sale product distribution. 6. Family home day care duty licensed and registered by the Florida department of health and rehabilitative services. 113d1ua I• I E i a Ile Atli MIMIC $1 3VI r.: r 0 ..rw. Document Fola Wopw hltp:lhvww,murkodo.comlfo~e ppYl l~ba.~olqudry.•ldoeJ(®71 of ®'ti T+il~i111111QSii PART III LAND DEVELOPMENT CODE' Article )QV SUPPLEMENTAL REGULATIONS' 14.5. HOME OCCUPATIONS' 14.5.2. Permitted uses, preYl us- i 7. Financial planning. 8, Flower arranging. 9.Oardenine. 10. Home crags. i 11. House cleaning services, 12. Insurance sates or broker. 13. Interior design ` 14. Jewelry making; jeweler. it 15. Laundry, ironing services. 16. Locksmith, 17, Ma(i order (not including retail sales from site). 18. Real estate sales or broker. 19. Sales representative (office only), rr` 20. Security service, security systems, auto security systems. 21. Telephone answering, switchboard, call forwarding. 22, Tutoring. 23. Typing, word processing service. • i(( ` 24, Wallpapering, 25. Watch repair, 26. Writing, computer programming. 1U17A1 fA' M ~ .r e 25x0 32x~~ W Document • No Wobau rttpJnvww.muNwd~.oomrkso,ppV113ea.rdo! gwry. /dad1071 !}~1 PART 111 LAND DEVELOPMENT CODE' Article= SUPPLEMENTAL REGULATIONS* 14.5. HOME OCCUPATIONS' 14.5.2. Permitted uses, ",wevloua Note, None of the above activities will be permitted if it does not mot the criteria or conditions u set forth In subsection 141 of this section. 14.5.3. Prohibited uses. 1. Any perm atted use which is deemed by the city manager to have exceeded its original Intention and does not meet the criteria and conditions as established in this section. 2. Tearooms. 3. Food processing. 4. Restaurants. S. Antique sales. 6, Commercial kennels. 7. Ambulance service; taxi service; limousine service; delivery service or any other transportation-related business. 8. Appliance repair. 9. Automobile repair, parts sales, upholstery, 0-tailing, or washing services. 10, Boardinghouse, bed and breakfast hotel, timeshare condominium. • 11. Carpentry, cabinet making. 12. Ceramics (kiln of six cubic feet or more). I 13. Health salon { s, gyms, dance studios, aerobic, oozier, studios, musage. . 14. Helium balloons. • • 11. Barbershop, beauty salon, hair are Talon, 16. Tavern. i (Ord. No. 96-8, 2, 7.2.96) .f 7 HA7NH 1At Sa 2.5 32X~~ o 14&,w 7X 19g~ M,or3 Occupations 1ny activity csrrted out for gain by a resident which re_ssu is fn the manufacture or provision of goods and/or services and 1s conducted as an accessory use in a dwelling unit. (See section 3.110). In all cases, home occupations shall meet the following conditions and requircments: " 1. Only one employee other than occupants of the residence may be employed, A person who receives a wage, salary or percentage of profits directly related to the hone occupation shall be considered an employee. This definition shalt not Include the coordination or supervision of employees who do not regularly visit the house for purposes related to the business, 2. No interior or exterior signago shalt be used to advertise the occupation. Vehicles bearing business signs shall not be parked on the street or within 30 feet of the curb, 3. A home occupation shalt be conducted wholly within the principal beeusedgforna ho in any building, floor total rfloor area of the principal dwelling, including garages. However, instructional classes may be held outside providing other stipulations of this ordinance are met, A maximum of six (6) students may be allowed in each session; 4. promisesSleSales lincidental to fa service shallabedallowedialind oorders previously made by telephone or at a sales party may be filled on the premises. i S. No outdoor storage of materials, goods, supplies, or equipment shalt be allowed; be allowed that will alter the 6. No building lteritiofs shili home; residential character 7 large equipment servicing pliances shallinternal bowedbustton engines, , 8. A home Occupation shall produce no offensive noise, vibration, smoke, electricafound 1e remcentiilt, odors or heat in excess of those aro&si normally g. No toxic, explosive, flammable, combustible, corrosive, radioactive, or other hazardous materials shall be used or stored on the site for business purposesi and j 10 No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the required off-street J*4 parking for the residence or along the street frontage for the lot, i i i AML, - r 2.x 0 3200' ~01 low 1 tll r+j~ada No. G AGENDA INFORMATION SHEET Aaeoda Item Date ` ACENDA DATEt February24, 1998 UPARTMENTt Finance CM/DCM/ACM, Kathy DuBose, Assistant City Manager of Finance SUBJECT Receive a report and hold a discussion regarding the results of the budget priority questionnaire with City Council. BACKGIROUNQ Please find attached the results of the 1998.99 budget priority questionnaire. Responses from each quest mnalre have been tabulated and ranked in two fomats. The first format ranks responses from highest to lowest by response priority, white the second format ranks responses from highest to lowest by effort rating. You will also find attached a summary of your responses regarding specific policy issues. By referencing the scale at the top of each page, the effort rating indicates the average level of effort the City Council would like in regards to a specific service area. The priority of respons. Indicates a priority rank of 1 through 7 (blow, 7=high) for each service area. For example, suppose the effort rating for litter programs was a 4 (continue current effort), and priority of response was a 7 (high); this combination would indicate that Council was satisfied with the City's current effort in litter programs although it was establishing a high priority for this service area. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Not applicable. ` FISCAL INFORMATION 1a ( Not applicable. • Ej LU(Ifapplitable) Budget priority questionnaire results. Respectfully submitted: D Fortune r Director of Management and Budget i - 25 32x IO • 0 • i RESULTS OF THE CITY COUNCIL 1998.99 BUDGET PRIORITIES QUESTIONNAIRE EFFO T RATING VAtUr? No Opinion C I Eliminate Current Effort 1 Substantially Reduce Current Effort 2 Reduce Current Effort 3 Continue Current Effort 4 Increase Current Effort 5 Substantially Increase Current Effort e Initiate New Effort 7 RANKED BY PRIORITY OF RESPONSE ~ rRloRtrY Gr k I : 07 Communit Oriented Policing (COPS) 6.00 8.86 Ks 0 0 •}y{ ~'`e l ^[rr~. ' ,r ~ J ° 4 r~r v ` 1'~i':' "vrrei ~u V'.571L Street Construction/Rebuilding 5.43 6.43 _ li Suppression 4.29 6.43 Emer enc Medical (Ambulance) 4.14 8.43 n r r _ x,. M bra W*161 t` SY [N+! .h ~1 Fits efflAft"Naft Storm Drainage Improvements 5.29 6,14 Ltl11 Y 5 al- L l J i f 'r ~,}a, Juvenile Justice system 431 5.86 uniclpal Court 4.20 5.88 Landfill 4.14 5186 ttlCtdo J[2Ce Dev Univ Relations In Regard to Cohesive Comm. Policies 6,29 5.57 Downtown Redevelopment (Main St„ etc,) 4.57 5.57 Em to ee Pa Plan Ad' ustments/Senefits 4.29 6,67 Rac c1 A oli ib 6f d Chtldferl a r0 temrV at Sark Co IeOtion . 1 Park Melntenence IAthletlc Fields, Medians, Mowing) 6.14 6.29 - Eco Dev.• Dev. Workforce d Training Partnership w/Univ„ NCTC, DISD 5.14 5.29 fEco, Dev, • Dav. DISD Relations in Regard to Cohesive Comm. Policies 5.14 6,29 Airport Develo _merit .00 6.29 New Athletic Fields 5.00 6.29 • Code Entorcerrnnt • Demolition of Substandard Bldg. 4.71 6.29 • t, Contributions to Human Service Agencies 4.71 5.29 Current Hotel/Motel Tax Contributions 4.43 6.29 Wastewater Treatment Plant 4.29 6.29 t Economic Development • Business Retention 4.29 6.29 2 sit esr + w.:-!t~,yM } ' LJ IV, ~ ` ~a. 0 ra.: t40r9B r RESULTS OF THE CITY COUNCIL 1998.99 BUDGET PRIORITIES QUESTIONNAIRE EFFORT: RATING VALUE-;.,: No Opinion 0 Eliminate Current Effort t Substantially Reduce Current Effort 2 Reduce Current Effort 3 ' Continue Current Effort 4 Increase Current Effort 5 Substantially Increase Current Effort e nitiste New Effort 7 RANKED BY PRIORITY OF RESPONSE w" bit e r % 1 Personnel Recruitment 3.67 6.29 L a ens o 5♦ t b • Piw . tr acil Eel edl ns ~ i ru' + .r. , II s rFMx •1i tc a ,rr '.N r"1 w, r r.,. k ,1 vw , t'ti fe ti : '6T'"r x, r L ttri AN Greenbelt System Planning/Development 6.29 6.00 Info/Data Processing Services 4.68 _ 5.00 Neighborhood Services (NICE, etc.) 4.57 6100 New Parks/Park Expansion (in Neighborhood, Community) 4.57 6.00 Bit: el N I eYe 8 A - r " b 60 el1t= to atlOnel RNethfnl a ra e r bfk 0 i W11re t r,' ; vL e ado U Cat dns system, Edo OrAld Odval0 ment Uti it nt:entive Inaa ~,t4 . t • Emdf a C e aradnese naparriarnt) 4A Em o to relnn lDeveta meet Bu l n As aCt10n - ' Code Enforcement • High Weeds/Debris Violations 4.43 4, 1 Economic Develop ment • Small Business Assistance 4.43 4,7t Parkin ITra fic Enforcement 4.00 4.71 ecreatlon Center Programs 4.00 4,71 Risk Management 4.00 4,71 d • Economic Development -,Utility Incentive Rates 4.00 4,71 jow see. aV.• ItY arketing Efforts (Brand Image, Comm. International 67 ! Bt set S lea in 4.57 4.6 In ill of c eve o menu 7 r ] l t( I, 1 eanrf~e i RESULTS OF THE CITY COUNCIL 1998-99 BUDGET PRIORITIES OUESTIONNAIRE No Opinion 0 Eliminate Current Effort I Substantially Reduce Current Effort 2 Reduce Current Effort 3 Continue Current Effort 4 Increase Current Effort 5 Substantially Increase Current Effort e Initlote New Effort 7 RANKED BY PRIORITY OF RESPONSE Economic, Development. Chamber of Commerce Marketing Program (IndusU Economic Deveol ment • Black and His anic chamber Pertnereni a 4.29 CIviC entef aintenence 4.00 4.00 New Athlete mrame 3• I 3 ~ I i i i04 25x~ 32x1[1 0 +0 RESULTS OF THE CITY COUNCIL 7 2018 1998.99 BUDGET PRIORITIES QUESTIONNAIRE EFFORT RATING VALUE No Opinion 0 Elunlr ate Current Effort I Substantially Reduce Current Effort 2 Reduce Current Effort 3 Continue Current Effort 4 Increase Current Effort 5 Substantially Increase Current Effort 5 Initiate New Elfort RANKED BY EFFORT RATING PRIORITY OF Itl:u+od~e . IEF~ORT r iO~Ii SIR IC9 ARIA h T !i 7 Mi Street Construction/Rebuilding 5.43 6.43 . Storm re r a Im rovemente 29. 8 .14 7 D v. Univ. Refetibnr In Re er t Cohesive Comm, of eies 6.2 9, i IMf Ahl E>tprne on 1,21V - .14, Green al S rteM ennin /Devq O men! 5121i 00 ~7~elH~Inp Trell eyelopMent Street Maintennance/Ra air 5.14 8,29 Park Maintenance (Athletic Fields, Medians, Mowing) 6.14 5,2_9_ r Eco, Dev.- Dev. Workforce & Training Partnership wlUniv„ NCTC, DISD 5.14 5.29 Eco, Dev. - Dev DISD Relations in Regard to Cohesive Comm. Policles 5,14 5.29 Eco. Dev.- Cit Marke'in Efforts 18rand Imo e, Comm., International) 6.14 4.57 Comma It rlai P011oin 1C , 8 Mort d. o meta 00 eW t e d' Fle 4 11 itV 8e~u I IC lion l ar s, Feclht es ed aria "t"4• Long Range Comprehenslve Planning 4.88 8.00 Recycli~ 4.86 5.43 info/Data Processing Services 4.86 5.00 _ Economic Development • International Relations and Trade 4.86 4.86 U- f Abueel Itforcement Pro rams .71 8.2 l; i- Ire revention 1 Libras ro tame In General " 1,71, foll Juvenile urlice S stem 4.71 ,88 4111 5.43-- Libras Youth Ildran's Pro rams . Code Enforcement • Demolition o Substandard Bldg. .7t 129 Cantributionr !o uman erv ce A eni let+ 1 ,29 Public Trans orlation ISPA etc, 71 Irport arketing 4,71 _ • Children Orlented Safety Programs 4.57 8.00 _ Downtown RedeveloQment (Main St., etc.) _ 4.57 6.57 Q Neighborhood services (NICE, etc,1 4.57 5100 - New Park__ siPark Expansion pn Neighborhood, Community) 4.57 5.00 Traffic Slgnalication/Engin_eerin - 4.57 4.88 Workforce Diversity •57 4.88 5 I 0 • 1 RESULTS OF THE CITY COUNCIL mass 1998.99 BUDGET PRIORITIES QUESTIONNAIRE EFFORT RATINQ VALUE No Opinion 0 Eliminate Current Wort i Substantially Reduce Current Eltort 2 Reduce Current Effort 3 Continue Current Effort 4 Increase Current Effort 5 Substantially Increase Current Ellcrt a Initiate New Effort 7 RANKED BY EFFORT RATING _ ►RfOpYTy OF Re1~ILON~E , EFFOpT , (1 F: LOW1 t" apVICE A'dX. RA71N0', 1 i0~ Street Sweeping 4.67 4.57 lnfill Policy Development 4.57 4.57 Low & Moderate Income Housing 4.67 4'29 ectttc_ e l .43 5. 1 . C rre li 0 • Otel Tait Contribution! 4.43 You a" 11 OM 6 Tern! 3 r i lb ti Ci a cei , . , l r Co a nt i 6i1fd11 eb • Vi0latf n ,r , Ec6rla ffIl t5 N 0 Mint rhell 8u! A!! Ai! eta ea .4 1'2 conor 00' ilVelOpMant nQentivei of Deve o ant airy batetnent'ato. ` 4 29 ~6 57 Police Patrol q,2g 6.57 _ Crime Invests ation 4,29 6.43 Fire Suppression - Munici of Court 4,29 5,88 4.29 5.57 Employee Pa Plan Adjustments/Benefits 4.29 5.29 Wastewater Treatment Plant 4,29 5.29 Economic Development - Business Retentlon 4.29 5.14 Water Stora~olReserves 4,29 4.88 Telecommunications S stem 4,29 4.86 Economic Development - Utility Incentive Lines 4.2 9 4,67 W Litter Programs _ 4,43 Economic Development• Chamber of Commerce Marketing Program Ilndust 4 29 rl Economic Deveolpment Black and N spenic Chamber Partnerships 4,29 _4.43 Auto Theft Prevontlon Programs 4.29 4.29 Emer17en0t+ Medical f m_buiancel - 8e Landfill 4,14 5. 8. la al rvice! Soli elte Collection 5.43 Dave o meet evlew Pr00ele 4 1 4 nternal u it ServlOee 1p • Emer enc re arednes! IMane ement 4 4 88 - Em to as Tralnin IDevelo Mont Econornle Develo ment • Develo merit Facilitation 41.1 7 = Co e_En 0 Cement • Sign 10latI0n9 b re.e , 1 +eewer RESULTS OF THE CITY COUNCIL ~r:arse 1998.99 BUDGET PRIORITIES QUESTIONNAIRE No Ovinlon 0 Ellminete Current Effort 1 Subetantlelly Reduce Current Effort 2 Reduce Current Effort 3 Continue Current Effort 4 Increase Current Effort S Substentlelly Increase Current Effort e Inltlete New Effort 7 RANKED BY EFFORT RATING 1 .^4~! ` MY M. Y~f L1~f1 ~nf r'r + raa {N ~7~'.b yk Environmental Health (Inspections, etc. 4.00 6.14 IbrerY Audio isual services 4.00 6.14 Buildln Inspection 4.00 4.88 ParklnpCfra do Enforcement 4.00 .71 Recreation Center Programs 4.00 4.71 Risk Management 4.00 4.71 Economic Oevelo ment • Utilit Incentive Rates .00 4.71 L Senior Citizen Programs 4.0 4.67 Animai Control 4.00 4.29 Civic Center sintenance 4.60 4.00 Personnel Recruitment 3.67 6.29 i r 25 1~ 32 x~a 8 'Aig49~ "Rl'P a k~ai n~'at ~r°o-~'tld ' AFGF ea:: F a X« fow are specific actions or direction given to staff by Individual Councilmembers or the development of the 1998.99 annual budget. r New Initiative should be made in the area of the Airport expansion, economic development and the cooperative effort between the ISD and the City, The Airport will require new direction for expansion and cooperation w/ both State and Federal entities. Investigate curbside recycling - Many in our community went this. Complete the Denton Plan and Implementation of Impact and park dedication fees. Investigate library expansion - our growing community needs this. Try to anticipate Infrastructure needs, especially roads. 'Develop computerized community calendar, updated daily, Implement public Improvements to Downtown area, ice more emphasis on drainage problems. Complete the Police and Fire computer system including on-board equipment, In the area of Economic Development, new Initiatives should be considered In the way we market and Invite people and organizations to our city, TMPA and Electric deregulation Issues. Park for Willow Creek Perk facilities need to be expanded and added subject to financial capability. Sidewalks for Hickory, Woods, Mill, Crosstimber, Ruth, Park Lane, Chambers, Boardwalk, Smith, and Kerley. ,i d •i Increase pay for Municipal Court Clerks and Judges, 140 In the arts of Utilities, the need for continued rework due to dereguhtlon should be the top tority, however we need to continue efforts for wastewater handling and augmentation of ter supply to handle expected growth and consumption, 8 25 x 10 32XIII O f 31~ EipC31f$k C IW ICY ISSUES .s i~ bp. iP VC°~~~' 1. ~'Y ~ pg cA, yy si ''.rn ; <F y~uC9d ~a i94 '~a RA's".., ~ivv restroom for Phoenix Park and Fred Moore Park. Overlay zoning & incentives to promote high-quality development along corridors. One more street sweeper. Continue to aggressively address our storm water drainage systems. Northside Library. We should continue our efforts w/regard to comprehensive planning and expend to consider other areas, Internal and staff matters are ranked as a low priority because we have a great staff who provide excellent service and professional capabilities to the people. I see little need for change in personnel or direction of the staff, Do everything possible to make Denton a more walkable community. 4resse pay for City attorney and staff. Encourage businesses to adopt-a-spot, k Strengthen neighborhood associations; take initiative In creating associations where none exist, including apartment developments, ,y Channel concrete In Township II ; 6 implement first phase of Civic Park Improvements. . Street resurfacing • Robertson, Wilson, Morse, Duncan, Gayle, Bridges, E, Collins, Woods, Kerley, W. Prairie, Crawford, Bradshaw, Lakey, Johnson, Hill, Hill Alley, E. Sycamore, Eagle, and Hickory. t Increase DARE and other police-involvement programs In the primary and middle schools in cooperation with DISD. j More playground equipment for small children at Fred Moore, northeast side. 99~yRR 9 25x10 32XIO w, i s . 0 tiKI}AKn:°~G ""VV =IR... A' WON i resse maintenance for public areas. Work with businesses to encourage ongoing clean-up around their own businesses. Van for MLK. Install emergency sirens. Increase pay for city manager. Extend Mein St. ✓k downtown development programs to Eagle Drive on the south, University on the north. • Ireal sidewalks) Continue to develop entranceways to present a positive image of our community. I Place more emphasis on street maintenance and construction. tb 7rix10 32XIO ~,Jillla Jima AIML 0 Agenda No._~! 009 „~ende Item Date r ( , AGENDA INFORMATION SHEET i i AGENDA DATE: February24, 1998 DEPARTMENT: Utilities Administration ACM: Howard Martin, Assistant City ManagedUtilities SUBJECTi Receive a report, hold a discussion and give staff direction regarding the Implementation of the Elm Fork Nature Project. i HACKGROUNI)a in conjunction with developing the Greenbelt Corridor, the City of Denton realized that opportunities existed through a federally-sponsored program (Section 1135) to develop a project combining environmental restoration and wildlife management activities. (See attached description.) The City of Denton and the Corps developed project objective3 compatible with Greenbelt development, defining various restoration and enhancement components to be included in an initial project appraisal. At that time, the estimated cost of the project was $800,000. The City's share of the project would be 15%, or $200,000, and the Corps would pay the remaining 75% of the project costs, or 5600,000. The University of North Texas expressed an Interest in the project and committed to providing ongoing operation and maintenance associated with the project, (The Denton Independent School District also expressed an interest in the project. DISD believes that an Outdoor Education Center could enhance the project as well as provide DISD students a unique opportunity to apply classroom knowledge In the field. (See Dalton Gregory's attached proposal.)) On February 19, 1996, the Public Utilities Board approved conducting a feasibility study for the proposed project, now called the Elm Fork Nature Project ("Project"). The Corps has completed that study and submitted it to the City of Denton for comments. (See attached Corps letter,) a1 After conducting the feasibility study, the total estimated cost for the Project was reduced to $488,370, reducing the City of Denton's share to $123,000. Of that $123,000, the Corps will permit up to 80% of work-lit-kind, After consulting with the University of North Texas, staff proposes to respond to the Corps' feasibility study with a proposal to provide up to 80°10 of the costs through work-in- kind. (See Memo from Dr. Ken a Dickson.) Though staff expects to spend only $25,000 and use work-in-kind for tho remainder of the balance, staff may need the flexibility to spend more should the Corps not accept the City of Denton's proposal in its entirety for work-In-kind, 7h 32x 0 11 f vei.a.a , pRtOR ACTiONIM%IIEW The Publi: Utilities Board has reviewed the proposal and unanimously recommended implementationt`the Project at its February 16,1998, meeting. ` FeTIMATED CCHEDULE OF PROJECT i Once Corps approval is obtained, it will take approximately two years to complete the Project. Monitoring of the Project will continue for an additional two years after construction is completed. FISCAL. INFORMATION i The estimated project cost is $488,370. Demon's share of this cost is $123,000, up to 300A of which work-in-kind maybe used. The University of North Texas %ill pay the annual maintenance costs. Water Administration (#0430) budgeted $150,000 in FY98 for the project. Respec ily subtnitted, , Julie 19 jth Env' ttment pliance Manager G t Exh,'bit 1; Corps Letters Ith Cuneol Descriptioo of Project arA Cost Projection Exhibit 2: Dr. Ken Dickson's Memo Exhibit 3: DISD's Proposal j Exhjbit 4: tnitial scope or Project Exhibit S: Presentation Overheads ~f AW '4002 a,r)'KIa 32XIO 0 P sox +t700 FORT WORTH, TEXAS Wovmo ~er~rrOro~ lanuary 20, 1991 Programs and Project Management Division 1 W. Howafd Martin Auistant City Manaliv of Utilities 215 East MCK1Mey Street Denton Texas 76201 Dear Mr. Martin: I am pleased to forward you a copy of the drsA Ecosystem Restoration Report (ERR) on the Lewf sville Lake Wildlife Habitat Restoration Project , The recommended plan wnsisu of the reforestation of approximately 609 Acres, and the construction of two wetland cells totaling 98 sores, The total project cost is ettimated at $411,310. In order to complete the Anal ERR, two actions are requred Aom the city of Denton. The &rt 1 Is the IdentiAatlon of any material or services to be provided by the city of Denton during project implementation. The value of the materials or servlees count as put of your share of the tot project cost a work-in-kind, The type and value of the woriainektnd must be included in the Anal ERR. Secondly, a letter of intent must be received by tall offia The letter of intent must gulf in clear terms, without qualiAeations, the following: (1) that you have reviewed the draA ERR and support the recommended plan, (2) that you have reviewed the draA model Project Cooperation Agreement (PCA), and understand and accept its provisions. Including was sharing and opaatlon, maintenance, repair, and rehabilitation (OMR&R) respoelibiS ; acknowledge the estimated total project cost and mn•Fedet share, Including OWAK- and (4) your intent to act as the non. Federal partner during project Implementation and execute the PCA. 0 In the event a ash contribution is required, the tenet of tetent must include a brief descriptlon on how the funds MI be budgeled. Thil delcriptlon must Include she type of &M to be used, and its Nstoriul and fUture landing levels. I request you thoroughly review the draA report and provide arty feedback by February 27, 1991. The Anal ERR aanot be forwarded to our higher authority for approved unless the above ♦ Items ears Included In the report. 0 • .,.Q3 EXHIBIT ) . ~13 32xfa o TM Fort Worth District continua to took forwud to worlds/ with tM city of Denton in I N Impltnxeistion of tM Lewisville Lake Wildlife Mitst Ilemomdon Projw. if you h&ve My Quatlons fsludinl IN$ muter, piece eonlect tM Project muuler, Mr. E4 Kups, U 017) 911.3133. Sinceray, Director, Civil Works Enclosure 7 a- 2 h 'K 32JO • v~am~ r maw SYLLABUS Thls Ecosystem Restoration Report (ERR) presents the results of a study conducted under the authority of Section 113S of the Water Resources Development Act of 1986, as amended (33 USC 2201). The purpose of this study was to Identify the environmental degradation caused by the ` consmilon and operation of Lewisville Lake and subsequent development activities, evaluate measures to Improve the functional stability and Integrity of important tcoloska) resources located at the lake, such as wetlands and riparian and bottomland hardwood forests, and recommend an environnenul restoration project, !(one can be Identified whkh meets the applicable ptojectcriteris, The study was conducted by the U.S. Army Corps of Engineers, Fort Worth District with the City of Denton, Texas, Lewisville Lake is located approximately 10 miles southeast of Denton, Texai, and 13 miles north of Dallas, Texas, in Denton County. Prior to the Impoundment for Lewisville Wce, the Elm Fork *(the Trinity River had substantially more area of wetlands, bottomland and upland forests. In 1988, the operation of the lake wis modified to raised the elevation of the conservation pool, resulting in further environmental degradation. The study area, 2,7$6 acres of o!d fields, remnant riparian and botiomland hardwoods, lacustrine wetlands and open water lasted it the northern end of the lake, was reviewed and found to be suitable for the purposes of habitat restoration. The purpose of this proposed project Is to restore wetland and bottomland communities to benefit wildlife utilizing the project lands, Including migratory waterfowl, shorebirds, perching and migratory songbirds and predators, such as Cooper's hawk (Acciprcr coaptO, which would benefit from incfated site and quality of woodlands in the upper end of Lewisville Lake The project would also benefit reildent species of wildlife such as squirrels, rabbits, various reptiles and amphibians. The recommended plan as described in this ERR consisu of the refoosution of approximately 609 acres within selected openings to provide linkage among existing riparian and bomomfaed hardwood habitat and the conitrvction of a wetland complex comprising I total of 98 acres, The 1041 project cost Is estimated it $191,100, Foe the recommended plan, lands will be made available by lease to the city of Denton is the non• federal sponsor. The city of Denton will also be responsible for all operation, maintenance, replacement, and repair costs. Both Texas Parks and Wildlife Department and U.S. Fish and Wildlife Service are supportive of this Section 1135 project. • An Environmental Assessment (EA) was Integrated Into the ERR to assess the possible impacts that could occur if this Section 1135 were implemented, Items marked with an werisk (0) Indicate Information required to fulfill National Environmentil Policy Act requirements, A Finding of No SISnificsit Impact if appropriate will be Issued after reviewing comments on the EA, rot more informition, please contact U.S. Army Corps of Engineers, Fort Worth District, CESWF. • EV•EE, Arm Billy K. Colbert (817) 918•3026 or CESWF•PM•C, ATTN: Eli Kangal, (117) 978• ~ • • 3733, 819 Taylor Street, Fort Worth, Texas, 76102.0300. r ~~Cl 32 x1 1 I a x~ Lake Lewisville Mldlift Restoration Gaou Damon Cowft • t ' qtO r • l''~1'~ J 1 ,f I• • r I•~• k- I , ~t mot' D L J. o I ECOSYSTEMS AESTOPIATION yIuw(a0«ull64lAcl DENEAALSTUDY tOCAlION ralfoar,aana t+wtM FK3UpE 1 opf"CON01 01 IEWISVIIIE TAKE I 00 . r >.5xIn 32X s I r •r.~,:1 ~ rl+r I r f t 1 yy , ' N Y 1 r r l^''. ~+,•f•~. jars fN r+ i . r .?V if ' I ~,~i ~rl r r. nZ•w.wr., ~ r I 'I ~u ell* ~uruy 00, • ECOSYSTEM RESTORATION • • usuW+tEUOrnef STUDY AREA 0 °ilm us LEWISVILLE LAKE FIGURE Z 32XI❑ s 0 ,:atc Lewisville Lake ExislinpF01111 Existing Unduse and neoroiiut~on Proposed Ecosystem Restoration F7ogoseawetlana / Old f end ■ wn~r v ' • ; ` r ECOSYSTEM RE8T0RAT1ON YI ~Mn tr6+.t l~sliktf RECOMMENDED PUN ' Tar" y'; ~rMat, t LEWISVILLE LAKE fIGURE3 •"08 10 32X1❑ o n , °l?IAilt:Xl SYLLABUS This Ecosystem Restoration Report (ERR) presents the results of a study conducted under the authority of Section 1135 of the Water Resources Development Act of 1986, as amended (33 USC ` 2201). The purpose of this study was to identify the environmental degradation caused by the construction and operation of Lewisville Lake and subsequent development activities, evaluate measures to improve the functional stability and integrity of Important ecological resources located at the lake, such as wetlands and riparian and bottomland hardwood forests, and recommend an environmental restoration project, if one can be Identified which meets the applicable project criteria, The study was conducted by the U.S, Army Corps of Engineers, Fort Worth District with the City of Denton, Texas. Lewisville Lake is located approximately 10 miles southeast of Denton, Texas, and 45 miles north of Dallas, Texas, in Denton County, Prior to the impoundment for Lewisville Lake, the Elm Fork of the Trinity River had substantially more area of weilands,boltomland and upland forests. In 1488. the operation of the lake was modified to raised the elevation of the conservation pool, resulting in t further environmental degradation. The study area, 2,756 acres of old fields, remnant riparian and botiomland hardwoods, lacustrine wetlands and open water located at the nonhem end of the lake, was reviewed and found to be suitable for the purposes of habitat restoration. The purpose of this proposed project is to restore wetland and bottomtand communities to benefit wildlife utilizing the M project lands, including migratory waterfowl, shorebirds, perching and migratory songbirds and predators, such as Cooper's hawk (Acclpter eoopeelq, which would benefit from increased size and t quality of woodlands In the upper end of Lewisville Lake, The project would also benefit resident I species of wildlife such as squirrels, rabbits, various reptiles and amphibians, The recommended plan as described in this ERR consists of the reforestation of approximately 609 i acres within selected openings to provide linkage among existing riparian and bonomland hardwood habitat and the constmctlon of a wetland complex comprising a total of 98 acres. The total project ( cost Is estimated at $488,370. For the recommended plan, lands will be made available by lease to the city of Denton as the non• federal sponsor. The city of Denton will also be responsible for all operation, malmenance, replacement, and repair costs. Both Texas Parks and Wildlife Department and U.S. Fish and Wildlife Service are supportive of this Section 1135 project An Environmental Assessment (EA) was integrated into the ERR to assess the possible impacts that could occur If this Section 1135 were implemented. Items marked with an asterisk indicate Information required to fulfill National Environmental Policy Act requirements. A Finding of No Significant Impact If appropriate will be Issued after reviewing comments on the EA, r For more information, please contact U.S. Any Corps of Engineers. Furs Worth District, CE5WF, ~ • • MEE, ATTN: Billy K. Colbert (817) 9784426 or CESWF•PM•C, ATTN: Eli Kangas, (817) 978- 3733, 819 Taylor Street, Pori Worth, Texas, 76102.0300, KID 3210 0 M ECOSYSTEM RESTORATION REPORT INTEGRATED ENVIRONMENTAL ASSESSMENT LEWISVILLE LAKE WILDLIFE HABITAT RESTORATION DENTON COUNTY, TEXAS INTRODUCTION • Location, Lewisville Lake is approximately to miles southeast of Denton, Texas, and 45 miles north of Dallas, Texas. It is located on the Elm Fork of the Trinity River in Denton County. The study area is located at die northern end of the lake project Sands, north of U.S. Highway 380. Figure 1 shows the study area and its relation to the DallaslFort Worth metroplex, Figure 2 shows the specific area of the project in greater detail. Existing Project. Lewisville Lake is a multipurpose reservoir which was authorized primarily for flood control purposes. The lake also provides water supply for the citl.s of Dallas, Denton, and other local municipalities. Construction of the reservoir began In 1948 with deliberate impoundment of water beginning in November 1934. The operation of Lewisville take was modified In 1988 as part of the construction of Ray Roberts Lake, suhin al Daper Kent increase to the of th currene 0 feet pool from elevation 313.0 National Geodetic NOVD, The conservation pool at this elevation inundates 23,280 acres of land, At the peak controlled flood pool elevation of $32.0 feet NOVD, a total of 28,980 acres of land is Inundated. water habitat of bonomland The palus rine and lacustine vie lands, and old field and Includes Study Authority, The study is authorized under the continuing authority provided to the Chief of Engineers by Section 1133 (b) of the Water Resources Development Act of 1986, as amended. The U.S. Army Corps of Engineers (USAGE) is the lead agency for this study. By letter dated March 28, 1996, the city of Denton expressed their desire to participate in an environmental restoration study, A copy of the fetter is located in Appendix A. • Study Purpomr, Area, and Scope. The purpose of the study was to determine the feasibitity of a modifying the Lewisville Lake project area to restore wetland and bottomland hardwocd habitat value for wildlife, The study area, identified in a 1994 reconnaissance phase survey of the lake as • having the potential for testoration, is approximately 3 miles east of Denton Texas, on the upper end of Lewisville Tyke. The area is located downstream of Ray Roberts Lake, thereby receiving ' controlled releases delivered along the Elm Fork of the Trinity River, uncontrolled stream flow from Intervening Creek, a major r uncontrolled stream enters the proposed rproject area from the we t, near Manley Field Road, • • • fi biitat%Ifocovergge r thetr ablity eto area. Siit support visits investigations -were conductede to eval ate tithe overall tqualittyto existing vegetational Held ~r 10 ~.rD 32x O 0 0 wildlife and meetings were held with resource agencies and the project sponsor to determine P potential wildlife habitat restoration initiatives. Existing Studies and Projects. There are two projects currently underway within the Fort Worth P District relevant to this study. The first is the Lewisville Lake Aquatic Restoration Project, also being conducted under the authority of Section 1135. The operation of Lewisville Lake for flood control and water supply creates widely fluctuating changes in the pool elevation resulting in the loss of aquatic plant communities. The Lewisville Lake Aquatic Restoration Project proposes to restore the foundation of the aquatic ecosystem by planting founder colonies of aquatic plants to serve as seed source for revegetation of the littoral zone. Implementation of this restoration project is scheduled to be initiated in late spring of 1998. The second project underway is the Ray Roberts Lake Greenbelt Corridor project. The Gr:enbelt corridor Includes the purchase of adjacent lands along the Elm Fork of the Trinity River between Ray Roberts Lake and Lewisville Lake and the development of public access and recreation facilities therein. Refer to Figure E•1 in the Real Estate appendix for delineation of project lands, including the Greenbelt Corridor. The original Authorization for the Ray Roberts Lake project Included adding recreation facilities At Lewisville Lake to accommodate the additional needs afforded by the raise in the conservation pool. The Corps, In conjunction with the sponsors, created a plan for the development of the Greenbelt Corridor between the two lakes in lieu of additional recreation facilities at Lewisville Lake. The Water Resources Development Act of 1990 subsequently revised authorization of Ray Roberts Lake to include development of the Corridor plan. The total Greenbelt Corridor consists of 1489 acres of land. A conservation easement was acquired on 491 acres and the additional 1,098 acres were purchased. Canoe launching and take-out points will be provided Along with parking facilities at each access point. Equestrian and hiking traits are being constructed to link the access points, The Greenbelt Corridor and its trails will run along the Elm Fork of the Trinity River through the proposed project area, but will be limited to a relatively narrow area adjacent to the river. Construction activities associated with this project are currently underway. P • EXISTING CONDITIONS * Climate. The Trinity River watershed is located in a region of temperate mean climatological conditions, experiencing occasional extremesof temperature and rainfall otrelatively shat duration. According to the National Oceanic and Atmospheric Administration (NOAA 1997) Station at Fort Worth, Texas, the 30 year mean rainfall amount Is 33.7 Inches per year with the most recent ten year (1987.1996) average being 37.88 inches. The extreme onnual rainfall values since 1887 are a maximum of $3.54 inches occurring in 1991 and a minimum of 17.91 Inches occurring In 1921, The maximum precipitation In a 24 hour period was 9.57 inches In September, 1932. Precipitation is distributed fairly uniformly throughout the year, with the exception of a slight peak in the spring and a low In mid-to-late summer (Yelderman 1993). The mean relative humidity is 63 percent and the • overage temperature is 65.8"F. Recent temperature extremes range from "I°F in December 1989 to l iS^F in June 1980, The average freeze dates are March 23, which is the last in spring and November 13, which Is the first to occur in the fall. The temperature falls below freezing an average 2 v'" 32 x3 , • *&PRO t 0 `AYII'.39 I ' ltt I of 41 days a year, but this drop is usually followed by daily thaws. The length of the growing season is approximately 235 days. The major storms experienced in the study area are produced by heavy rainfall from frontal type storms which generally occur in the spring and summer months, but major flooding can also be produced by Intense rainfall associated with localized thunderstomis. These thunderstorms may occur at any time during the year, but they are more prevalent in spring and summer months. Soils. Two soil series are located on the proposed project area north of the railroad [foil Survcv of Denton Cou tv, exas, Soil Conservation Service 1980). The Frio series Is described as deep, clayey soils that formed in recent alluvium on bottom land. The Oven series consists of deep, clayey soils that also formed in recent alluvium. Slopes varies from 0 to 1 percent. Neither of the soils are clmified as hydric soils but have sufficient clay to allow construction of wetlands. The soils also cover areas that are both currently vegetated by modcra- quality forest and areas that have been maintained as grassland which are now In the initial stages of converting from old field to, in a few places, young thlekets that will eventually become bottornland hardwood areas. Soil4 between Highway 380and the Union Pacific Railroad line which bisects the study area include the Oven series, Kaufman clay series and Bunyan fine sandy loam. The lower elevations of this area are frequently Inundated due to operation of Lewisville Lake, making habitat restoration Initiatives difficult and costly to establish, and costly to operate and maintain, Surface Water, The northern portion of Lewisville take extends Into the study area between 4 Highway 380 and th- railroad at nonnal conservation pool. Small depressions occurring throughout the study area occasionally hold water from local runoff. Clear Creek Is a major stream entering Into the study area from the north and west of the Elm Fork of the Trinity River, Bollomland Ilardwood, The Wttomland hardwood type Is found In wet soils of the alluvial flood plain and terrace flats. The common tree species Include cedar elm, American elm, black willow, water locust, green ash, cottonwood, pecan, sycamore, and boas d'arc, Associated undetstory and ground cover plants include dewberry, coralbeny, dallis grass, switchgrass, bermudagrass, switch cane, rattan vine, poison Ivy, and swamp privet. Wetlands. For the purposes of this study, wetlands are at least periodically saturated with or covered by water, and support plants and animals particularly adapted to life in water or In saturated soils. Wetlands can generally be thought of as transitional betweer, aquatic and terrestrial systems and are frequently covered by water, or have the water table usually at or near the land surface Wetlands may or may not have trees, and those trees present are species tolerant of prolonged i inundation, such as green ash and black willow. Even where trees are present the wetland type has a malerately open canopy and understory vegetation of water tolerant sedges. grasses and shrubs. • • Within the study area, the U.S. Fish and Wildlife Service National Wetland Inventory shows existing TMt vegetation as piiustrine hmst and shru bland and small, scattered emergent wetlands. I lowever the soil survey inseniories for this area Indicate that the predominant soils are Frio silty clay and Ovan It TZ ~a In 32X10 i 0 , clay, both of which are frequently flooded but are not hydric soils. Since there are no hydric soils, the areas are not jurisdictional wetlands. However, because of frequent flooding, many of these sites r are subject to inclusion under Section 404 of the Clean Water Act as "Waters of the United States." The sensitivity of the resources located within the study area warrant careful consideration of proposed projects, even restoration projects, to ensure that the projects are compatible with the project area and will provide intended restoration benefits to wildlife, Old E7eld, Most of these areas represent open fields which were previously maintained by periodic mowing or grazing. These fields were used as hay meadows and pastures and have since been abandoned. Many are now in the early successional stages of conversion to shrubland Ucause of invasion by shrubs and woody vegetation. Wildlife. Wildlife specie; likely to be found In the study area are directly associated with the types and quality of existing habitats or vegetative cover, Common species at the proposed project include; fox squirrel, cullontail rabbit, mourning dove, northern bobwhite, wood duck, mallard, pintail, green winged teal, opossum, gray fox, bobcat, and coyote. White-tailed deer although not numerous, have also been observed in the area. Endangered or Threatened Species. According to the USIVS, the following species have utilized ' Denton County or similar areas as a migratory corridor primarily during fall and/or spring migrations. TABLE 1 • Endangered or Threatened Species American peregrine falcon Falco peregrlnu.r anatum Endangered Arctic peregrine falcon Falco peregrlnus rundriat Threatened Bald eagle ilaliaeetus leurocephalus Endangered Black•cappedvireo tiWreoalrlcapolus Endangered Interior least tern Sterna amillarum Endangered piping plover C'haradriua mclodu.t Threatened Whooping crane Grus americana Endangered • Aquatic. Lake Lewisville and the major tributaries, including the Elm Fork of the'rrinity River proper, provide fair to good habitat for certain fish species. The large expanses of open water along with a fair to abundant supply of forage fish (glzzard and threadfm shad) provide growth habitat for striped bass, sand bass and their hybrids. The Elm Fork and major tributaries, including Clear Creek, drovide passage to spawning silts for large numbers of white bass. Habitat for catfish, is sufficient to provide for recreational fisheries. • • • Recreational, 5rcnlc and Acsthetlr. Resources. Lewisville lake is one of several ntaJtx attractions ' in the local area due, in pan, to the large surface area available to recreational boaters. The lake has a highly d:veloped western shoreline long the main body of the lake, New development pressures in areas adjacent to the lake's project lands tend to increase the scenic and aesthetic resources of the S •13 ...3. 7~ IEl 32XOO C I .•J.n4a~Y i i I i study area due to the loss of such features elsewhere, The proposed project area is located north of the current major population areas and, due to the existing forest, adds a scenic component only located along major drainages. The ongoing development of the Greenbelt Corridor between Ray Roberts Lake and Lewisville lake will provide pedestrian, bicycle and equestrian access to the corridor under controlled conditions that would not negatively influence the value of existing habitat or proposed habitat restoration values to wildlife. Cullural Resources. The current (loodplain geology of the Trinity River has received increasing attention in recent years. Gea ucheologicul studies have shown that Holocene-age alluvial deposits extend to great depths below the present floodplain surfaces and potentially contain deeply-burled archeological sites. However, the uppermost one to two meters of these floodplain deposits date to the historic period and have limited potential to contain significant cultural resources. F:NVIRC, o %NTAL DEGRADATION In Texas it Is estimated that more than 60 percent of bottomland hardwoods and bottomland forested wetlands that existed in early days have been lost due to agricultural conversion, timber production, urban and Industrial development and reservoir construction (Texas Center for Policy Studies 1995). Boltomlands serve several Important functions. They contribute to the biodiversity of Texas. One I hundred and eighty nine species of trees and shrubs, 42 species of woxdy vines, 73 species or grasses, and 802 species of herbaceous plants occur in Texas' bottomlands. 'They are known to support 116 species of fish, 31 species of amphiblans, 54 species of reptiles, 273 bird species and 45 species of mammals. At least 74 species of threatened and endangered animals depend directly on bouomland hardwood systems and over 50 percent of neotropical songbirds not listed as endangered or threatened ate associated with these systems. Besides providing critical wildlife and bird habitat, boltomiand hardwood systems 1) serve as catchment and water retention areas in times of flooding; 2) help control erosion; 3) contribute to the nutrient cycle, and 4) play a vital role In maintaining water quality by serving as a depository for sediments, wastes and pollutinas from runoff. Ihsplte these important functions, boltomland hardwoods ecosystems are one to the most endangered ecosystems In the United States. According to the Texas Environmental Almanac (1993), the overwhelming loss of and threats to a wildlife, plants, and natural communities are a direct result of habitat alteration and destruction. It was noted earlier that the operation of Lewisville lake at conservation pool inundates 23, 280 acres of land. This land was historically covered by a mixture of bottanland hardwood and upland forests, emergent wetlands and tall grass prairies (Correll and Johnston 1970, Gould 1975) and later, In areas suitable for planting, converted agriculture lands. The construction and Inundation orthe fake destroyed the existing habitat and subsequent shoreline development activities further degraded the existing environmem. After imp<wndmen', additional Rxested project lands were cleared and leased for agricultural purposes. These agricultural activities directly degraded the project's botionhland hardwood and wetland habitats. Agricultural leases held during the early years of the lake project perpetuated the maintenance of cleared fields that were once 9 14 32 0 1 bottomland forests. Comparison of current conditions with aerial photographs of the area taken in the 70s indicates very little change has occurred in vegetational coverage, The major exception is t that an area, not owned by the Corps until recently, was cleared of its forest and converted to i grassland for cattle grazing during this period. Most of the trees initially inundated following construction of the lake have deteriorated and no I longer provide key habitat. In addition, fluctuation of lake levels through water supply and flood control management have resulted in inadequate aquatic plant production needed to provide key habitat for some sport fish species, including sunfish and largemouth bass. The lack of aquatic plant production in the Lake also limits value of the aquatic system for migratory waterfowl, particularly diving ducks that forage the insects associated with aquatic plants for critical energy needs during migration. f For all these reasons, bottomland and wetland ecosystems are of great environmental concern in the analysis of the proposed project area. The Lewisville Lake and Ray Roberts Lake Greenbelt i` Corridor, combined with the resources surrounding the two lakes, provide an excellent opportunity to improve the values of habitats within botiontlanda located on Corps projects. • PLAN FORMULATION ' During field investigations, one site of approximately 230 acres in size was determined to be of significant interest because it was vegetated by a relatively mature viand of remnant bottomiand ' hardwoods. A recent analysis conducted by the University of North Texas (Barry and Kroll 1997) on the site, referred to as the "Deep Bottom" by the authors, confirmed that this site has features that are characteristic of a mature forest. This site Is located on the extreme north end of the study area, west of the Elm Fork of the Trinity River (Figure 2). Because of the relative intactness of this North Texas bottomland hardwood forest, it was referred to as unique. Another site within the study area, adjacent to Clear Creek, has similar values. 'fhe Dcep Bottom contains characteristics that are indicative of its value to wildlife. In addition to forest, the site is crossed by dry channels, creeks, and wetlands. The Elm Fork borders the tracts' eastern boundary. The forest itself is dominated by hackberry, cedar elm, and green ash trees. Two tracts were Identified as being more mature and contained large burr oak, pecan and Shumard oak. 0 Eastern cottonwood is also prevalent along the bank of the Elm Fork. Wildlife utilizing the Deep Bottom include raccoon, opossum, armadillo, beaver, bobcat, and coyote. Ducks, wading birds, egrets and herons were also observed. Other species likely to be encountered M in the Deep Bottom include cottontail rabbit, squirrel, variousrodents, toads, frogs, redtail hawk and other raptors and neotropical songbirds. White-tailed deer although not numerous, have also been observed in the area. 0 • f Vtgetation and its overall diversity and condition have been shown to effect the diversity and " richness of wildlife a wetland is able to attract and support because it provides cover and food for 10 15 r~ 25 t ~0 32XI❑ >ar~ 0 animals (Weller 1987). The degradation and loss of wetlands, including riparian and bottomiand wetlands, has been identified by the North American Waterfowl Management Plan (NAWMP) as r one of the major factors that lead to declining waterfowl populations. The plan is an historic agreement between the United States, Mexico and Canada to assure the continued survival of abundant populations of ducks, geese and swans. Suitable habitat in Texas is known to be vital to waterfowl migrating along the Central flyway (Duller 1964; Landrum 1996). The importance of constructed reservoirs in north Central Texas (Hates et al, 1988; Landrum 1996; Pulich 1988) and the development of artificial wetlands such as ponds, gravel pits, and floodwater retaining structures (Bates et al. 1988; Christopher et al. 1988; Landrum 1996) have become increasingly significant in providing valuable wintering habitat. Aside from development of gradual side slopes and provision of a deep permanent water pool, the major characteristics of created wetlands which promote maximum ecosystem benefits are the ability to regulate water levels and provide flooding al proper periods during the year in order to optimize vegetation management. The existing riparian and bo:tomland hardwood forest and wetland resources located within the study area do not represent the maximum habitat quality that could be expected within the area. As such, plan formualation was guided by a number of needs, opportunities, and constraints. First it was decided that proposed restoration alternatives should be concentrated on the lands located north of the Union Pacific rail line to eliminate the possibility of any restoration efforts being damaged or destroyed by lake water levtl fluctuations or planned construction activities associated with the widening of Highway 380. Ecological factors guiding the development of restoration alternatives include the fragmented nature of the existing forest, a lack of mast producing trees, a j lack of cavities suitable for nesting by brood rearing by ducks, and a lack of emergent wetlands in 11 proximity to food and cover. Recent studies have indicated that breaks within a forested ecosystem, often referred to as a "fragmentation", significantly affect the value of the system for several bird species, particularly neolropical birds which have experienced decreased populations during recent years. The lack of mast producing trees can be traced to the limited regeneration resulting primarily from the natural seeding process. Currently, given the lack of mast produuing trees in the study area, regeneration is limited to the invasion by light-seeded plants propogaled by winds. Previous studies have concluded that seedlings of heavy-seeded oak species were most l,revalent in areas where flood waters caused deposition of atoms and where duff was sufficient for regeneration. Currently there is an inadequate supply of acorns within the contributing watershed to provide natural establishment of forests dominated by hard mast producers. The restoration of wetlands will be limited to the area on the west side of the Elm Fork of the Trinity River upstream of the railroad crossing. The remaining study area was unsuitable for the restoration of wetlands due to the intrusion of shallow waters associated with the conservation pool elevations r+ of lake Lewisville, planned construction and mitigation activities associated with the widening of Highway 380, the identification of several small, existing wetlands, and seasonally flooded old / ti .16 25x10 32XIO o animals (Weller 1987). The degradation and loss of wetlands, including riparian and bottomland wetlands, has been identified by the North American Waterfowl Management Plan (NAWMP) as one of the major factors that lead to declining waterfowl populations. The plan is an historic agreement between the United States, Mexico and Canada to assure the continued survival of abundant populations of ducks, geese and swans. Suitable habitat in Texas is known to be vital to waterfowl migrating along the Central flyway (Buller 1964; Landrum 1996). The importance of constructed reservoirs in north Central Texas (Bates et at. 1988; Landrum 1996; Pulich 1988) and the development of artificial wetlands such as ponds, gravel pits, and floodwater retaining structures (Bates et al. 1988; Christopher et al. 1988; Landrum 1996) have become increasingly significant in providing valuable wintering habitat. Aside from development of gradual side slopes and provision of a deep permanent water pool, the major characteristics of created wetlands which promote maximum ecosystem benefits are the ability to regulate water levels and provide flooding at proper periods during the year in order to optimize,, egetation management. The existing riparian and bottomland hardwood forest and wetland resources located within the study area do not represent the maximum habitat quality that could be expected within the area. As such, plan formualation was guided by a number of needs, opportunities, and constraints. First it was decided that proposed restoration alrematives should be concentrated on the lands located north of the Union Pacific rail line to eliminate the possibility of any restoration efforts being damaged or destroyed by lake water level fluctuations or planned construction activities associated with the widening of Highway 380. Eculogical factors guiding the development of restoraton alternatives include the fragmented nature of the existing forest, a lack of mast producing trees, a J lack of cavities suitable for nesting bf brood rearing by ducks, and a lack of emergent wetlands in 11 proximity to food and cover. Recent studies have indicated that breaks within a forested ecosystem, often referreu to as 1 "fragmentation", significantly affect the value of the system for several bird species, particularly neotropical birds which have experienced decreased populations during recent years. The lack of mast producing trees can be traced to the limited regeneration resulting primarily from R- the natural seeding process. Currently, given the lack of mast produuing trees in the study area, regeneration is limited to the invasion by light-seeded plants propogated by winds. Previous studies have concluded that seedlings of heavy seeded oak species were most prevalent in areas where flood waters caused deposition of acorns and where duff was sufficient for regeneration. Currently there is an inadequate supply of atoms within the contributing watershed to provide natural establishment of forests dominated by hard mast producers. The restoration of wetlands will be limited tothe area on the west side of the Elm Fork of the Trinity River upstream of the railroad crossing, The remaining study area was unsuitable forthe restoration JU of wetlands due to the intrusion of shallow waters associated with the conservation pool elevations of Lake Lewisville, planned construction and mitigation activities associated with the widening of Highway 380, the identification of several small, existing wetlands, and seasonally flooded old II 16 ~5 x l~ 32xl~l i 0 channel scars which provide adequate aquatic and wetland habitat, restricted access and a lack of adequate tributary drainages those areas. Further, it was determined that options to mitigate these limiting factors, such as building water supply reservoirs or pumping from wells are inefficient and impractical, Most natural wetlands are unconfined areas that allow vegetation to adjust to changing water levels by growing up and down the banks and provide corridors and buffers as effective conduits for plants and animals that utilize the system. The steeper sides of confined systems, such as wetland cells, remove some of the potential for adjustment, thereby contributing to a decline in plant and animal species and habitats over time (Willard and Hiller 1990). The addition of water control structures which allow manipulation of water levels to optimize management activities should minimize this potential problem. EVALUATION METHODOLOGY Reforestation. An overall evaluation of the quality of existing forest habitat in the proposed restoration area was conducted based on the assumption that the beep Bottom tract represents the best quality forested habitat in the area. The evaluation procedure used was based upon the Habitat Evaluation Procedures (HEP) developed by the U.S. Fish and Wildlife Service. IIEP utilizes M determination of a Habitat Suitability Index (HSI) which ranks the comparative value of habitat, either for a singular species, multiple species or on an ecosystem basis. Within the evaluation system, a minimum HSI value is 0.0 and the maximum HSI attainable for a site is 1.0. Therefore, habitats with in-between values would score within the 0 and 1.0 range, It was determined that the HS] value for the Deep Bottom site should not exceed 0.90. The value was determined based upon the site's overall diversity, lack o1' mature mast trees in all but two tracts, relatively small size, and pl: separation from other tracts of botiomland hardwood forest. As existing, young, hard mast producing trees mature, the value of the site would increase. The development of bottorrmland hardwood forest in existing gaps that would tie the Deep Bottom more closely to other tracts would also increase its value to wildlife. HSI values were Aso determined for other pockets of existing bottomland hardwoods within the study area. The values for the other sites were determined based upon field reconnaissance, and included general charweristics such as dominant trees, relative age of the forest within the site, isolation from roadways and proximity to other features such as permanent water. • The values assigned to the various tracts north of the railroad ranged from 0.90 (for the Deep Bottom) to0.70. The results of all site evaluations wire averaged and 0.76 was determuhd to be the weighted average. This average indicates the existing forest is of relatively high quality and that little is needed in the way of restoration other than to consider linkage of existing woodlands by reforesting pockets of old field that lie in between the wooded tracts. • Wellands, After evaluation of several Habitat Suitability Index models for several species associated with wetlands, it was determined that the Green tlcrun and the Wood Duck models would • • be most applicable to determining habitat quality that would be developed with creation of wetlands and provision of preconsiructed nest boxes, Through use of IMP, it was determined that when 12 17 7 ~~Q 32XIO 0 compared to "no action , development of a wetland complex would provide a gain of 73. average of wood duck nest boxes and a gain of 93.2 average annual ' annua thout the addition l habitat units wi habitat units when wood duck boxes were added. • ENVIRONMENTAL RESTORATION ALTERNATIVES nature of the existing forest, combined with a lack of emergent wetlands in The prox imity to fragmented food and cover has reduced the habitat value to migratory waterfowl, resident nesting wood ducks and other wildlife species come 1 nd and b~ottomind commmunities to Pbenall a restoration project is to restore Cotes project wildlife, including migratory waterfowl and neotropical songbirds in the upper end of Lewisville Lake. problems, needs, and Opportunities Previously discussed, thenol lllowing restoration Based on the found n objectives were developed. Chew objectives included: 1) reforestation of opc 1 existing hardwood tracts. 2) optimizing fruit yield by including hard and soft mast Producing trees brood rearing and wintering species in reforestation activities: 3) restoration of waterfowl nesting, wetlands adjacent ariaolbottomland habitat; 4) hardwood forest rand 5) restoration of habitat for neotropicalmigra ory birds. np ergent the Deep Bottom investigation and from evaluations lltilizing the information available from Texas area, conducted on other aced several forest restoration for handwaod sites in the North of servedpasvtaztintrdicatort3of ~o type ~~qualityforest scenarios wereevaluatedgorlhe effectiveness in survey conducted by army within the rcmairn er of the study area. ripyiarJbotttomlandhamdwood forest that could be developed r modification, could result in addition, several key characteristics o[the sludyarea which, with grope in restoration of valuable waterfowl, shorebird and wetland habitat wee identified. Several plans were evaluated for their potential to restore ecosystem function and stability. wood habitat Alternatives including reforestation measures to improve riparian and bottomland hard for the benefit of multiple species of birds amid wildlife, altematives for created wetland development ` to benefit waterfowl, shore and wading birds, and a "no action" alternative were evaluated. No Action. Under a "no action aitemativq the Proposed Project lands would remain in the the future lease of any of these lands to agriculture ownership of the Federal Government. Barring interests who could potentially clear more Of the existing forested tracts, the "no action alternative ar of existing would esuUein ttheseeexi titig tracts would be expected ~ta to Increase 6hdYtover$ime asrthe ed. fuse t habitat val will never achieve the high quality that could r stands mature, but due to their fragmented nature they ' • $ion from old i efforts. Cleated areal would move through 0 slow succes be achieved with trtee tforts mattsnbut the habitat quality would not reach the current level of the existing field to bottcx *ar forest tracts because of the lack of mat Qroducing trees. / 1 13 32XI❑ o Reforestation Alternatives. In ceder to simplify the formulation of plan alternatives because of the large number of openings of various sizes found north of the tail line, the area was divided into those located either east or west of the Elm Fork of the Trinity River. A total of 411 acres on the east side and I" acre s on the west were identified for possible re forestation. Reforestation alternatives were further broken down to different levels of reforestation efforts. Plan 1: 40- one inch caliper containerized trees and 26- one gallon containerized shrubs per acre. Plan 2: 10- one inch caliper containerized trees; 5- one gallon containerized shrubs; and 100 seedlings per acre. Ian 3: 5- one inch caliper containerized trees; 5- one gallon containerized shrubs; and 200 seedlings per acre. Ian 4: 300 seedlings per acre. Plan S: No action, other than natural improvements in the existing forest and some natural reforestation. Wedand Restoration Alternatives. As noted above, another ► roposed restoration measure to be evaluated was the development of a wetland complex. The wetland complex will improve wildlife, waterfowl and fisheries habitat. The alternative restoration plans were developed based upon extensive input from USFWS, literautre on wetland development in the Trinity River Basin and consultation with other USACE biologists familiar with development of wetlands within this ecoregion for promotion of fish and wildlife benefits. Wetlands proposed for development would be located in areas that are currently fringed by areas of existing forest. The weti.uA complex as proposed would consist of two separate cells. The upper, or northern cell, would total 43 acres and inundate 14 acres of existing forest. The lower, or southern cell, would inundate approximately 37 acres of existing forest and total approximately 55 acres. The cells, created by the construction of compacted, earthen levees, would have different hydrologic regimes. The uppercell would be a shallow impoundment with maximum water depth of one foot while the lower cell would be a deeper impoundment with a maximum water depth of three feet. • Each would have inlet and outlet structures to allow for collecting available rt noff from overland and out of bank flows and provide the ability to manage water levels to maximize management options. i Since it was determined that a lack of cavities for nesting was tine of the factors limiting the quality of the buuomland habitat in this ecosystem, the addition of nesting boxes was added as a restoration • measure with the wetland development plan analyses. For evaluation purposes the wetland development alternatives were broken down as follows; i 14 .ts 2r 32XIO i s . loom" 0 ~I 6 • i I Plan 1: Construction of an upper wetland cell for a shallow impoundment of approximately 43 acres, 14 acres of which would be seasonally flooded bottomland hardwoods leaving the remaining 29 acres dominated by emergent wetland vegetation. Plan : Construction of a lower wetland cell with a deeper impoundment of approximately 55 acres, 37 acres of which would be seasonally flooded bottomland hardwoods leaving I8 acres dominated by emergent wetland vegetation. Plan Construction of both the upper and lower wetland cells with a combined size of approximately 98 acres, 51 acres of which would be seasonally flooded bottomland hardwoods leaving 47 acres dominated by emergent wetland vegetation. J7an 4: Construction of both the upper and lower wetland cells with a combined site of approximately 98 acres, 51 acres of which would be seasonally flooded bottomland hardwoods leaving 47 acres dominated by emergent wetland vegetation. This plan includes the addition of duck nesting boxes at the rate of 2 boxes per forested acre. Plan 5: No action INCREMENTAL COST ANALYSES Cost effectiveness analysis techniques (Robinson et al. 1995) were used to determine the most cost effective plans and levels of restoration in terms of costs per habitat unit gained. Appendix 13 contains the complete incremental analysis. All the altemative plans and/or levels of plans identified above were evaluated using annualized habitat unit gains versus annualized cost estimates (including f those for operations and maintenance). Reforestation. Results of these analyses revealed the most cost effective plan and level of forest restoration measure is reforestation of both cast and west sides of the Elm Pork of the Trinity River, j a total of 609 acres, with 300 seedlings per acre. This result is baud on the assumption that the sites will be replanted with a variety of native mast and fruit-bearing trees and shrubs. Table 2 depicts the various plans and combinations of management measures for reforestation and summarizes the ' results of the combinations for final incremental analysis. It shows that reforestation of selected areas on both the east and west side of the Elm Fork of the Trinity River using 300 seedlings per acre will increase the average annualized habitat units by 265.72 al an average cost of $85.16 per unit gained over the no action alternative. The table shows that various of the other altematives as outlined above would increase habitat unitseven higher, but it was decided that their relatively small gain in units was overshadowed by their large increases in costs per unit gained. 15 20 - ?5x10 32xio 0111111111111111 e e i' TABLE: 2 - Reforestation Final Incremental Analysis I f Management Costs Output Incremental Incremental Incremental I Measures Cost Output Average EO WO $0.00 0.00 $0.00 0.00 50.00 E4 W4 $22,629.00 265.72 $22,629.00 265.72 $85,16 I E3 W3 $44,026.00 277.90 $21,397.00 12.18 $1,756.73 W W1 $90,407.00 287.80 $46,381.00 9.90 $4,684.95 El WI $186,829.00 308.35 $96,422.00 20.55 $4,692.07 E • east side of river, W • west side of river, Numbers refer to alternative plan numbers; ' 0 • no action Wetland Developmenl. Results of these analyses indicate the most cost effective wetland M development plan is one that includes an upper and a lower wetland cell in which wood duck nesting boxes are added. The result is based on the cost of uetiand construction and the addition of two wood duck nesting boxes per acre of forest within each wetland cell. Table 3 depicts the various plans and combinations of management measures for wetland development and summarizes the results the combinations for final incremental analysis. It shows that creation of both an upper and lower wetland cell, coupled with the addition of duck nesting boxes would increase average annualized habitat units by 93.1 for an average cost of 3204.18 per unit gained over the no action alternative, The other alternatives as outlined above were determined by the cost effective and incremental analysis (Robinson et al. 1995) to be less cost effective in terms of habitat units gained for the costs of implemeniation,of those measures. TABLE. 3 • Wetland Development Final Incremental Analysis Management Costs Output Incremental Incremental Incremental Measures Cost Output Average r NO 5O BO 0.00 0.00 50.00 0.00 50.00 NI S I BI $19,009.00 93.10 $19,009.00 93.10 $204.18 N • north wetland cell; 5 • south wetland cell; B • addition of duck nesting boxes; 0 • no action • RECOMMENDED RESTORATION PLAN Description. The recommended restoration plan consists of reforestation and the development of e wetlands (including the assembly of wood duck boxes) in the area north of the Union Pacific Railroad line, In order to provide linkage of all major compcnenta of the existing riparian and bottomland hardwood forest in this area, reforestation will be completed within selected openings, 16 .2I 25x~ 32 x' i ,,z,~e+nw totaling approximately 609 acres, at a rate of 300 seedlings per acre. The sites will be replanted with a variety of native mast and fruit-bearing trees and shrubs. Recommended species include red Oak, bur oak, pecan, deciduous holly, coral", Mexican plum, hawthorns, and water oak, if commercially available for this ecoregion. A second component of the recommended plan is the construction of a wetland complex which will improve wildlife, waterfowl and fisheries habitat. The wetland complex consists of a 43-acre, shallow impoundment upper cell, and a 55-acre, deeper Impoundment lower cell. The cells will be created by the construction of compacted, earthen levees. Each cell will have a water control structure with a system of flash board risers to provide a means of collecting water from creek flooding and tucal runoff and allow water levels to be managed for maximum wildlife habitat benefits. The final component of the recommended plan Is the addition of duck nesting boxes to help restore waterfowl resting habitat. Based on the recommendations of USFWS biologists, wood duck nesting boxes would be added at the rate of two boxes per acre of forested wetland habitat. Since the two proposed wetland cells would inundate a total of approximately M acres of existing forest, costs used in incremental cost analysis (Appendix B) for the addition of wood duck boxes, were based on the assumption that 102 boxes would be added. Table 4 summarizes the details of the recommended plan. Figure 3 displays the reforestation areas and the location of the wetland cells. TABLE 4 - Recommended Plan Details Restoration Measures Levels of restoration Reforestation of 198 acres east of river 300 seedlings per acre f Reforestation of 411 acres west of river 300 seedlings per acre Upper wetland cell - 43 acres 28 wood duck boxes (2/wooded acre for 14 acres) Lower wetland cell • 55 acres 74 wood duck boxes (2lwooded acre for 31 acres) importance of Project Outputs. The recommended plan has restoration of important wildlife t resource habitat as its purpose. It would increase average annualize habitat units gained by approximately 360 habitat r•: .t over the no action alternative that looked at natural succession aril regeneration. The proi-.r dS proposed would result in the restmaiion of 609 acres of bottomland hardwood forest ar. -mould further increase the value of the adjacent 1.012 acres of bottomland • hardwood forest through defragrnentation benefits. Recent researnh has indicated the value of decre;tsing patchiness and providing corridors for wildlife migration primarily fm fall and spring 17 i .22 E - 7 ID 32XI❑ , • migrants such as neotropical songbirds. The reforestation would also provide significant increased habitat value for local wildlife species. The proposed wetland development would result in seasonal inundation of about 31 acres of existing woodlands. The upper, or northern cell would inundate about 14 acres to a depth no greater than 1 foot. Since the trees that would be inundated within this cell are mature and of high quality, management criteria would be developed to prevent loss of these trees. Flooding during a prolonged period would be limited to the non-growing season. About 37 acres of lower quality locust, cottonwood and willow would be flooded by the lower, or southern cell. Management criteria would be developed to optimize wetland values in this cell. A provision for elimination of the lower quality trees might be necessary to promote optimum habitat conditions within the cell. The overall project would provide significantly increased areas and values of bottomland hardwood forest and therefore any slight loss of forest within the wetland cells is insignificant. Hydrology and Design • Welland Cells. The upper wetland cell is located west of the Elm Fork] of the Trinity River approximately 5,500 feet north of the Union Pacific railroad tracks. The cell is situated within a v-shapcd area delimited by the Elm Fork of the Trinity River on the east and Clear Creek on the west. Clear Creek Is a major right bank tributary of the Elm Fork with a drainage area of approximately 350 square miles. Over 50 Soil Conservation Service type dams are located in the Clear Creek watershed, which effectively controls runoff from 150 square miles. The remaining 200 square miles Is absent of any runoff control. This fact, combined with the backwater effects from Lewisville Lake, cause overbank flows to otter frequently. These are mo-.t likely to occur during the spring and autumn seasons which arc prone to extended wet cycles. Me to the location of this colt, rewetting will be dependent on the overbank flows as described above. While this condition is not expected each and every year, it could be reasonably expected to occur at least 7 out of every 10 years. The lower wetland cell is strategically located in an area where surface runoff is easily captured from a hillside totaling approximately 450 acres. Some diversion structures such as terraces or ditches may be necessary. Rewetting in this manmr could occur at any time of the year, because it is dependent on only short duration rainfall of sufficient intensity to produce runoff. Failure to meet the required runoff demands on an annual basis would be rare. The upper cell consists of an embankment approximately 3,237 feet in length, about one foot in height, and Includes an inlet and outlet structure. The lower cell consists of an embankment approximately 2,868 feet in length, about 3 feet in height, and Includes an inlet and out structure. Both embankments have a 10 foot crown to allow access for maintenance vehicles. The inlet structures consist of an aluminum stoplog structure with an attached beaver guard. The outlet structures consists of a standard galvanized metal end section for round metal pipe. The inlet and outlet structures are connected by a 24 inch galvanized metal pipe culvert. Appendix C contains the • project plans. Is 32XIO ' o Construction Cost Estimale. The cc, str;ction cost estimate was developed by using equipment and forestry management prices. Decer.:+er 1997 price levels are used. Project construction costs f are presenttd in Table 5. TABLE 5 • Construction Cost Unit Pro iect Fcamn ni antit rice dal Reforestation AC 609 $ 250.00 $ 152,250 Wetlands Fill CY 6600 S 2.20 $ 14,520 Topsoil CY 2300 $ 2.90 $ 6,670 Excavation CY 7600 S 3.60 S 27,360 Stripping CY 2300 S 2.90 $ 6,670 Remove Vegetation AC 10 S 172.00 S 1,720 Turning AC 2.8 $ 2,640.00 S 7,390 24„ Concrete Pipe LF 50 S 50.00 S 2,500 Flashboard Risers EA 2 S 925.00 S 1,850 Outlet Structures EA 2 S 575.00 $ 1,150 Riprap CY 8 $ 113.0 $ _ 9000 Subtotal Wetland $ 70,730 Wood Duck Boxes EA 102 $ 50.00 $ 5,100 Fence 1B 1 $10,000.00 $ 10,000 $ 238,080 li The total project cost is comprised of all expenditures related to the completion of the Ecosystem Restoration Report, plans and specifications, construction, and construction management. The recommended plan will cost $488,370 which is summarized in the Table 6. I TABLE 6 - Recommended Plan Total Project Cost Estimate Ecorystem Restoration Report $ 80,000 Plans and Specifications S 92,300 S 8,470 LERRD's (Access easement) Construction: Construction Contract S 238,080 Construction Management (10%) S 23,808 i Monitoring S 10,000 Contingency (15%) S 35.712 I a ~ Subtotal Construction S 307.600 TolaI Project Cost S 488,370 i / 21 - 24 25,10 32,x~p w. Y- , s , 0 5ASAPAM I ENVIRONMENTAL EFFECTS i Soils. The recommended plan would utilize the qualities of existing soils to develop forested habitat and wetlands. The reforestation would be accomplished through commercial forestry techniques , sing seedlings which causes minimal disturbance to soil. The construction of the two wetland cells would result in disturbance within the footprint of the cell levees, a small area along the levee on the upstream aide where borrow would occur for the material to construct the levees and a small area downstream of the levees to facilitate drainabe though the water control structures. Less than five acres of soil would be disturbed through construction of the wetland cells, h would not be necessary to develop a storm water pollution prevention plan for the project. Safeguards to reduce soil erosion will be implemented as needed during construction. The disturbed soils along the earthen levees would be stabilized with native vegetation. No significant adverse impact to soils would occur from implementation of the proposed project, i Wetlands. The recommended plan would not adversely impact any existing wetlands. Provision of forest replanting should improte the values to existing wetlands on the east side of the Elm Fork. The proposed construction of the two wetland cells would fall in areas currently regulated by Section 404 of the Clean Water Act. There are no hydric soils in the area and therefore no jurisdiction wetlands exist, however, the sites flood on an annual basis and arc therefore waters of the United States. The proposed project meets criteria of Nationwide Permit Number 37, Wetland and Riparian Restoration and Creation Activities. This Nationwide Permit applies to restoration projects that serve the purpose of restoring "natural wetland hydrology, vegetation, and function to altered and degraded non-tidal wetlands and "natural" functions of riparian areas. The State of Texas has issued a water quality certificate for this Nationwide Permit and no further coordination is required under Section 404. Surface Water. The proposed wetland cells would capture diffuse surface water runoff as well as overflow water from the Elm Fork of the Trinity River and Clear Creek. The maximum amount captured at any one time would be less than 150 acre feet of water. Most storage would occur during the fall and winter months when water supply from runoff is in excess of needs of downstream water supplies. This small quantity of water would have minimal effect on water supplies and would not effect flood storage capacity of the Ray Roberts-l..ewisville Lake system. The project would he submitted to Texas Natural Resources Conservation Commission (rNRCC) for determination during d the Design and Specification phase of the project. If it is determined that a water rights permit is required then one would be obtained. Recreational. Scenic, and Aesthetic Resources. The recommended plan is in an area managed by the Corps of Engi"ers, Typical recreational use of the area includes hunting, fishing, canoeing, bird watching, photography, and some power boat usage. There are no developed camping facilities. ♦ however it is probable that some nrimitive camping occurs. The Ray Roberts•lewisville fake Greenbelt Corridor has a recreational trail, currently under construcrion, which tracks along the Elm 1 Fork of the Trinity River through the proposed project and lease area. The implementation of the Greenbelt is limited to an area 100 linear feet east of the trail to the top of the west bank of the Elm I 22 25 10 32X10 NOUN e 0 Fork. No environmental restoratimn has been proposed within the ctmfines of the Greenbelt project. Other recreational uses of the area should not be adverse'y affected by the restoration proposals. The development of the lower wetland cell will provide better access for bank fishermen along the Clear , Creek near the confluence with Elm Fork. Hunting would be prohibited within the Greenbelt, however this impact is attributable to the recreational use of the Greenbelt rather than any changes associated with ecosystem restoration activities. There might be a teed to modify the conditions under which hunting could occur on the west side of the Elm Fork near the proposed wetlands. Presently, the Lewisville Lake Project Office oversees the hunting permit system; however, the proposed sponsor may eventually assume responsibility. Cultural Resources. The recommended plan consists of excavations within the Elm Fork floodplaln to create wetland ponds. The surface of the proposed project area is recent alluvium. Excavations less than one meter would have insignificant impact on these resources. The Texas State Historic Preservation Officer has concurred with this assessment. A cultural resources survey below the present for any surface. where excavation would per than one meter trenching penetrate dees a PROJECT IMPLEMENTATION Project Management Plan. This Project Management Plan (PMP) describes the activities to be undertaken during project implementation, beginning with the final design, plans and specifications, and continuing through construction and monitoring. During design, the following tasks would be i performed; a topographic survey of the expected impoundment and immediately adjacent area, a hydrologic study of the contributing drainage area to confirm sufficient water inflow, evaluation of alternative lovee heights and locations, selection of an optimized plan, and development of plans and to e specifications. In addition, the PMP would include a planing designlocafor seedlings with appro ensure ate the various species of trees and shrubs are planted in appropriate spacing to optimize their survivability and future habitat values; documentation of a forestry management plan to maximize the habitat values of the existing forested tracts and to meet the objectives of regeneration of high quality riparian and bottomland hardwood forests into the future; and a management plan for each wetland cell to maximize their wildlife habitat benefits. to documnt r To ensure the continued success of the project, a monitoring xhed: le will ode `eloped s em andrits management measures taken and to provide feedback on the resptmse ecosy • j resources. This would be done because, without being able to connect ecosystem responses to I management measures, it would be very difficult, if not impossible to maintain a successful and management plan and make adaptations and adjustments to tht pr jest as mayin be in ecosystem I feasible, Because of the relative newness o restoration planning, theories and tools, success is not guaranteed. An important component in assuring the successor restoration measures is to monitor effectiveness wail reasonable stabilizatkm • Is achieved, Monitoring will be accomplished as 9 project cost through two yearn into the • • prove the operational life of ►he project, lralso regarding p is sign ficant to the componentstto determine whichhi base QQ articular restoration approaches or ecosystem 1 y 23 .26 t' h Q 32Xio o wa~,7:v 1 overall goal of adaptive management. Using monitoring and adaptive management protocol would li provide a means to evaluate the restoration measures and make recommendations for changes that should be made to this project or to future projects. Table 7 is a schedule of the plans and specifications phase. Table 8 displays a breakdown of the estimated cost of the plans and specifications. TABLE 7 • Implementation Schedule Approval of Ecosystem Restoration Report March 1998 initiate Plans and Specifultions April 1998 95% Plans and Specifications August 1998 Request Pnject Approval August 1998 Execute Project Cooperation Agreement November 1998 Execute Real Estate Lease January 1999 Acquire Real Estate April 1999 Advertise Construction Contract May 1999 initiate Construction July 1999 Complete Construction April 2000 Complete Monitoring April 2002 I TABLE 8 • Fstimated Cost of Plans and Specifications Engineering end Design: V Field Survey $ 39,000 Hydrologic Analysis S 3.000 Planting Plan S IO,OW Plan Layout,'QuantitieslCost S I1,000 Prepare Drawings and Specifications S 8,000 Environmental Review, Coordination & Compliance $ 71500 Real Estate Lease S B,RW Supervision and Administration $ 5.OW • Total S 92,310 11 project Cooperation Agreement. The Project Cooperation Agreement (PCA) is a contract between the Federal Government and the non-Federal partner describing the rights and respo isibilites of each party during uroject Implementation, including cost sharing. Appendix D is a copy of a draft model agreemenL The PCA will be executed after the receipt of Federal project approval and prior to the f ' advertisement of a construction contract. 24 27 h 5 10 32XIO 0 • o t Cost Apportionment. As described in the PCA, the total project cost will be shared between the Federal Govemment and the non-Federal partner on a 75% and 25% proportion, respectively. The non-Federal partner's 25% share is comprised of a credit for the value of all lands, easements, rights- or-way, relocations, and disposal areas (LERRD's), and a credit for the value of any work-in-kind W (W1K) services performed by the non-Federal partner or its contractors. In the event the sum of the values for LERRD's and WIK is less than the 25% contribution, the non-Federal partner will contribute the balance in cash. In the event the value of the LERRD is greater than 25%, the non- Federal parwr will be reimbursed in cash in order to reduce the total contribution to 25%. Credit for work-in-kind is limited to 80% of the total non-Federal partner's contribution, and cannot result in a reimbursement. Further, with regard to work-in-kind, the non-Federal partner will comply with applicable Federal and state laws and regulations, including the requirment to secure competitive bids for all work to be perforated by contract. Contributions of cash, funds, materials or services from other than the non-Federal partner or their contractor(s) may be accepted; however, such contributions will not be credited to the non-Federal partner's share, but rather will be applied to the entire total project cost and therefore reduce both the Federal and non-Federal share. Table 9 displays the current estimate cost apportionment. TABLE 9 - Cost Apportionment Total Project Cost $ 488,370 Federal Share (73%) S 366,278 Non-Federal Share: LERRD's $ 8,470 Work-In-Kind $ 0 Cash L 113.622 Total Non-Federal Share (25%) $ 122,042 Work-in-Kind. Work In kind are services or materials provided by the non-Federal partner during t post-feasibility phase design. The local sponsor's work-in-kind contribution will be defined and its financial value estimated prior to the finalization of this report. I Rey! r stale Plan, The majority of the real estate necessary for this project is currently owned in fee by the United States of America and is under the primary jurisdiction of the Corps of Engineers. The land is part of two, contiguous, muhi-purpose water resource development projects known as Lewisville Lake and Ray Roberti Lake, Texas. A total of 2,756 acres of project land is proposed to be lcaseJ to the City of Denton as the Non-federal Sponsor. These lands are shown on the Real I Estate I'lap (Figure &I in Appendix E). Approximately 2,570 acres are from Lewisville Lake and 186 acres are from Ray Roberts Lake. The draft lease is in Appendix D, along with the Project r Cooperation Agreement. It will also be necessary to acquire a road easement for construction and maintenance of some of the restoration features. The Non-fedetal Sponsor will be responsible for • lit obtaining this easement. Real Estate aspects of the project are fully developed in Appendix E. 25 i 28 32 x 0 I Operation and Maintenance. The non-Federal partner is responsible for all project operations, maintenance, repairs, replacements, and rehabilitations. Estimated annual operations and maintenance costs totaling $21,200 were calculated with the restoration costs in the incremental cost analyses in Appendix B. Breakdown of the costs is as follows: $10,OW per year associated with reforestation operations and management; $ 10,000 per year associated with wetland management and operations; 31,OW per year for fence maintenance and $200 per year for maintenance and cleaning of wood duck boxes. COORDINATION OF RECOMMENDED PLAN Views of Sponsor. The city of Denton has been identified as the non-Federal partner. They have reviewed the draft Ecosystem Restoration Report and concurs with its findings. The city supports the recommended plan and Intends to participate in the implementation of the recommended plan. A letter of intent stating the city's position is located In Appendix A. Results of Agency Coordination. As noted in the cultural resources section, the Texas State Historic Preservation Officer has reviewed the preliminary proposed ecosystem restoration plans and concurred that excavations of less than one meter in depth, such as those needed to create wetland cells within the project area, would have insignificant impact on possible cultural resources. A USFWS biologist participated in REP analysis and vegetation cover surveys of the area and served as a member of the team whose recommendations of restoration measures appropriate to the proposed site and existing resources were the basis for the restoration measures proposed in the recommended plan. A letter documenting USFWS support of the proposed project is provided in Appendix A. The draft Ecosystem Restoration Report was reviewed by the [LIST THOSE AGENCIES WHO REVIEWED ERR • DESCRIBED CONTENT OFCOMMENTS RECEIVED]. Regulatory Requirements. The proposed project has been reviewed in accordance with Section 404 of the Clean Water Act and Section 10 of the R ivers and Harbors Act of 1899. In addition, Executive Order 11990, Protection of Wetlands and Executive Order 11988, Floodplain Management, were considered during the development of the proposed project The recommended plan would impact waters of the United States and is subject to provisions of Section 404 of the 1 Clean Water Act. The project would meet the conditions of Nationwide Permit 27, Wetland and Riparian Restoration and Creation Activities. The State of Texas has issued a water quality 1 • certificate for Nationwide Permit 27 and therefore no further coordination is required under Section 404. T7ere are no feasible alternatives to conducting the proposed project within the fioodplain since the project as proposed requires siting within the floodplain to meet its Intended purpose. However, the proposed activities would not induce development in, alter boundries of, or significantly impact the 100-year floodplain in any way. The proposed project is in compliance with Executive Order 11988, Floodplain Management. The proposed project would neither adversely 9 impact or results in any loss of wetland areas so the project Is in comliance with Executive Order 11990. An Environmental Assessment (EA) and Draft Finding of No Significant Impact (F'ONSI) r have been completed. The FONSI is expected to be signed by the District Commander in February 1998. / 26 29 I 10 32XI El :~.rrvya. 0 . CONCLUSIONS This Ecosystem Restoration Report (ERR) documents the results of a study conducted under the authority of Section 1135 of the Water Resources Development Act of 1986, as amended (33 USC 2201). The purpose of the study was to identify the environmental degradation caused by the construction and operation of Lewisville lake and subsequent development activities, evaluate measures to improve the functional stability and Integrity of Important ecological resources located at the lake, such as wetlands and riparian and bottomland hardwood forests and recommend an environmental restoration project. M The recommended plan consists of the reforestation of approximately 609 acres within selected openings to provide linkage among existing riparian and bottomland hardwood habitat and the construction of two separate wetland cells comprising a total of 98 acres. The total project cost Is f estimated at $488,370. The report Identifies positive benefits on wildlife habitat given the implementation of the recommended plan. The City of Denton has been Identified as the non-Federal partner. They have been presented with the findings of this report The city has indicated their support for the recommended plan, including cost sharing, and agreed to assume responsibilities for all operation, maintenance, replacement, and repair costs. A lease for the project lands will be entered Into by the city. Further, a review of the Information provided by Denton regarding its financial capability to meet the cost sharing requirements has been completed. The city of Denton has the authority and the financial capability to provide the required non-Federal items of local cooperation. An Environmental Assessment (EA) was Integrated into the FAR to assess the possible impacts of the recommended plan. A public notice will be released in January 1998, disclosing the availability of the EA. A Finding of No Significant Impact, if appropriate, will be Issued after reviewing comments on the EA. Roth Texas Parks and Wildlife Department and U.S. Fish and Wildlife Service are supportive of this Section 1135 project. The U.S. Fish and Wildlife Service and the Texas Parks and Wildlife Department are both R supportive of the Section 1133 project. The proposed recommended plan Is consistent with State J't and Federal government Initiatives to conserve and Increase declining wetland acreage. It Is also consistent with the North American Waterfowl Management Plan with its goal of preserving and increasing North America's waterfowl population. 1 1 JU 27 .30 25. I~ 32 xIn IRA JNLL~~AVIALMMMLARAMLMW e , v 0 tetra _ I znvlro AMW ietervx U versky of North Tom Denloa Texas 7620 . I, lebntery t99i Mesuo to; HOwerd Monk Fmm Ken Dlotteoe sub)": tin K1nd Contrtbudloee to the I I1S propoed Nowud, sorry Ibr the t4ow see nee W the droll Mafblli stu ~ want ~ po b dy report. 11uw looked over tM teport apeci5caify aanrr►errl on the bud6a. f t►atleve sh .i we (the Clty and ll" eltotrld laslst io the City. l oj 10ilon en the Waide of the 41 1 ua a dealaostW to be refbratod w4161o0 aedlteaJacre on tlia West s(de of the aver. Thla L the stds where we MOW timat.ly locale slw Denton Netun f'erAer. If ballew thu tide r.ve0aaeloo etl'bn tan be aooon+plid~ed whh votunleen. 1be (AS }w alksce ted i l s2,2l0 for the !Ctrl! (brat tatoratbn st]1xt (Table S). 41 I out of 609 suer aro ve of the al elver aooordlnj to the report (Table 4 pale 14). The COS ath%Wed the per acre cost to be M, 'f'lees to reforest the woo 01 t was would Cost $102,7!0. i bellew that we dauld do this hoof dtltsnsoAc U04 rnlunteen. ll would be a treat ~omm~nnlI~tyy based tut tavolvlry a ►aNIN Item sohod kids to ssdor drlsens. it would der buad equky in the we that w!L De tM Wnton Nafuro Canter. The toot of eeedtln= kf a cry anal! pan of the avereC Cost. he 00>3 requtree 1J0 seedLnss of a wtlctlife mla per acre. We would need W yutdrsse 000 X 411 X 2)145,600 seedtle`s (double the me of neornrrKeded oWd,~ !o ir,sury tw we tsreM the 7=4 i600 seedloverse irgl 411 er eteuu that w• lourgeer hours pw 6 o or 1 X 411110,27! volunteer }won). TMs Could be soundnumber, but if properly promoted and mw"W k would not be turd to roach. For axample SM people worklni S bouts each would knock out 100 seta. If $00 volunteer Could be mustered out on Ibur (4) days the reforestadun could be aetomplishod, 1% In Klod vdus of 10,273 volunteer bows st((=fO.oO/lour} h U my wndenteodiny d%M the COB • aGovw up to l12.OO/M) than the oartd pet Sts Kind ooautbutloo credn of ilO1,tS0, Our ood would be modest • project mnyemaot and ooerdtnadon, wppita and trees. i A second aru11 area Where we Can jet some in Xtnd ardk It In the buikGai and dsploytnem of { wood duck housee. The project calls k purr! 4t 102 to be placed Dear the wwla sttd F.aoh is aetYttelad to tea ilu.00, t believe slut we Can ~a voluntaen to bultd and plea tM weed doeJt '19rp EXHIBIT it In 3?xIC1 o (~eoW+. iaen). by ~o 4010" •w would 0* WOO Ibr !l,100. AMW ww$ woad b$ I W4" r~1 UN In ooWbohdoe WM6 K4V 06r4m Sol "uM be mW&W OW Mm Porb "4"W ~O A "4 bw wlwn w oftW ` „118"0114rd. f 6"" thv r1do to 1thN In do d na &W wrtlanda W. v gho City Am =!Mf e»! b bo Iwotwd is 1601 ~~w la doolwlorr oe wow oMoM°w to dip =il rob~l~n10~ beta, ! bMow IbOt Wit Aould be MK contrikojoi 7W mumk to 611 w4w tttudarald oftll,000b+.dptadtod*im dnt aeQ~avar, (would Amw TbCity MQ &M* Mr IM I wo<dd !lu~d o ~ Wf Fwb, bra an ~ to+vvd to ol be oft g eutw *WOW of U66' ~ SOW SWO ~~Q Om i 124, 1 So _ 1111,, d,q (0*%Niw we), 0" proms by In Wad of *f ! Ws" tl+at +va "Id Radon to pjy. T64 Nk b OW work N Id~tid Oralmddie j0%. T 0( bui tNa 4" b done QW wouW w pro~d+ (99,330 of wale b►-bInd b ONO pta)401, 1 bell" lhh o avid b b U$W la h"Watod" a W W doe allow 16 06mmu*. tl~t will bao & th6 VYev lave gwrtlevu about than idaa, ft% rvW a ad. i i 1 10010 i 32 X I O o MEMORANDUM TO: DR. ALBERT THOMAS FROM: DALTON GREGORY REGARDING, OUTDOOR EDUCATION CENTER PROPOSAL . DATE: FEBRUARY 10, 1998 This memorandum is attached to the latest revision of a proposal for the creation of an Outdoor Edomion Center developed by a task force of Donlon Independent Schad District staff. With the proposal you will also rind a tentative time line for implementation. You have asked for a copy of these documents to share with the OISD Board of Trustees so that they may have limo to study the proposal before we meet with them In a workshop tentatively scheduled for March 10. As our task force began its work I discovered that the City of Denton Utilities Departm4nt has been working on tho development of the Elm Fork Nature Projed boated on the west side of the Elm Fork Greenboll which runs between Lake Ray Roberts and Lake Lewisville. Howard Martin, Director of the Utilities Department, is very Interested In working with the Oistdct In a joint venture to that we could use this area for our Outdoor Education Center. The OISO OEC Task Force considered several silos and believes that the Elm Fork ' i Nenure Project location meets our needs. The site has a number of excellent including: points , ' convenient location for day or had day field trips; ' excellent ecological diversity reduced development costs since we have the opportunity to pool our a resources with the City; ' expanding our paMorship with the University of North Texas which is already proviwing lechnical assistance to the City in developing the Elm Fork Nature Project, 1 I toward hlartin will be meeting with the City of Denton Utilities Board on February 16, to discuss the Elm Fork Nature Project. In his presentation he wilt Inform that group that he has been working with DISO staff on including the Outdoor Education Center as a part of that project. He will also be meeting with the Donlon City Council on February 24, to inform them about the project. We have a grill opporunity to work in POAN(ship with the City 01`0enton snd The University of North Texas to provide a wonderful educational experience for our • children, ,~33• r EXHIBIT III I 10 32xlo~ O IMPLEMENTATION TIME LINE Denton Independent School Dlstrfct Outdoor Educatlon Center (revised 2.9.98) March 1992 lee School Elementary begins taking sixth grade students to YMCA Camp Grady Spruce for an armal, one week residential amp for outdoor education studies. January 19% Hodge Elemenlary begins annual trips for sixth grade students to Grady Spruce. June 1997 0, Gregory meets with A. Thomas to discuss concept of OISO operating He own residentist amp. Ideas and possibilities are discussed and A is agreed that forming a task fora to develop a proposal would be appropriate. 1997.98 lee and Hodge transition amp program to fifth grade to aooonxnodate new middle school grade configuration, Each school lakes both sixth and fifth graders to amp. Cidober 1997 0. Gregory works vvith Vicky Christenson in Identifying persons who would be interested In serving on an outdoor education center task force. October 29, 1997 First meeting of the task forca. Work begins on defining goals, creating a mission statement and developing a preliminary draft proposal for an outdoor education center. Tenlativs site selection made that conforms to criteria established by the group. February 1998 0180 School Board receives written previewof the DEC proposal. March 1998 DEC Task Force presents a preliminary draft proposal to the OISD Board of Trustees. Requests permission to proceed in developing a more comprehensive proposal and begins developing memoranda of understanding with potential partners in the project (City of Denton, UNT, US Army Corps of Engineers). Spring 1998 Task Fora refines proposal, works with partners on facility ' master plan and develops wrWAQ 891eamenis in the form of memoranda of understanding. • i 34 25. 32x~~.} : O ~d~779 June IM i ' OEC Task Force returns to School Board with a refined draft of the proposal and drafts of memoranda of understanding with project partners. August 1990 :ichool Board considers action to approve memoranda of understanding with project partners and lease agreement for land Use. 1990.99 Lee and Hodge take Mh grade students to Camp Grady Spruce for the residential outdoor education program. SePlernber 1999 Portable building (for dowoom, Range, staging area) and portable reslrooms are placed on site, Trail development begins, October 1990 00 opens for day (rips. 0130 student volunteer grasps work ! with UNT in habitat development {trio planting, prairla restoration, Welland restoration. Fall 1999 Task force %orks with architect on master plan for site development and basic building floor plans. January 1999 Site plan, building plans, estimates for building costs ire reported to School Board, spring 1999 Z As 0160 tvgins planning next facilities bond vote proposal some f portion (25% to 334,1) of the OEC project is Included as part of the package for voters consideration. fvlay 1999 9 When bond package is approved begin work In seeking grants and donations to fund OEC build out. August 1999 Begin second year of OEC day use operation using portable facilities, Sprlrg 2000 Begin %ork on phase two of OEC development. Put in utility inrrastructure, 6181 Construction of permanent buildings that support day use. I Spring 2001 Slant colliding grants and donations. Begin work on permanent buildings to support residential camp operation, fall.2001 or Begin residerwlal camp operation. Spring 2002 4-1 35 tix10 32XI❑, • l PRELIMINARY PROPOSAL FOR THE DENTON INDEPENDENT SCHOOL DISTRICT OUTDOOR EDUCATION CENTER (avtsed ~•4 e/) Purposes, The purpose of this proposal is to outline a plan to provide outdoor education experiences to all Denton Independent School District students. To beet accomplish this, we propose that the Denton Independent School District construct an outdoor education center within a 30 minute drtvt from town. The center would be designed to facilitate IntsrdiWpfinary studies to all age groups with in emphasis on hands-on activities, We VIII provide opportunities for students to go on t /2 day and full day f eIQ trips to experience ecological diversity. The center wilt provide all frfth grade students in the OISO the opportunity to attend an outdoor education residential camp, I Mission: The mission of the Denton ISO Outdoor Education, "On'*( it to provide interdisciplinary outdoor classrooms where students cao develop a greater awareness and apprecia0m of the natural environment Ovough direct experiences while promoting a better understandirq of conservation, presanation and Individual responsibilities as an Integral part of Mtal environment. Rationale: • Outdoor #dueslion is based upon experiential learning, Efrective instruction ties abstract concepts to connote experiences. A Chinese proverb states I hear and I forget 1060 and I remember j I do and I understa.-V Ile i x 10 :32X~d w s 0 Outdoor education is based on'res!-life' situations. As a result the lessons or learning activities require the learner to use observation and problem solving skills. Problem solving enables the learner to sVL%le with basic concepts fundamental to truly undemanding specific issues and a more global pidurs j i ' A facility located within 30 minutes of Denton would serve all Union students, It mould provide opportunities for ell OISO students to partiapals in field trips during regular school hours. Students could observe various ecosystems and participate in numerous activities and experiments. They could visit the same site several times during the year to note seasonal differences. The pedagogical experiences would extend and complement the classroom curriculum. A facility designed to accommodate a residential camp would allow all Union fifth grade students a chants to attend a week long environmenlat amp. Furthermore, the district would also be able to conduct camps for other school districts generating revenue that would signif"ntty offset the operating expenses. The facility would also have " potential to generate revenue through rentals on weekend and during the j summer, Why Should OISD Build Its Own Facility? Currently, twr Donlon schools participate in an Outdoor Education Camp at YMCA Camp Grady Spruce. That camp began outdoor education programs seven years ago, thin 1*4;ad III capacity and Is now substantially booked. Ail Piano and Lewisville ISO fifth graders go to camps In southern Oklahoma. Those camps are also operating at apaity. Residential outdoor education camps are part of the basic elementary curriculum In many other Texas saiools, Several districts operate their 0 own residential facilities including Houston, Fort Worth, Dallas, sr4 Tyler. Many classroom teachers report Ihal making a major chat qa In U-e teaching environment has r: #iy positive advantages. i In an outdoor settirg, new leaders emerge among students, 37 25 ire 32XI0 • o The'outdoor classroom' lends ilself to praci cal and authentic problem solving adivities that can not be easily replicated indoor This results in Increased motivation and task focus, • The outdoor classroom Is more activity oriented and ratiee less on lecture, textbooks, and use of vidsoa. As a result it addresses the needs of tactile, kinoilho ie, and multi -mods lity learners, • Lessons In the outdoor classroom allow students to connect comets experiences to abslrad vocabularyand concepts. The learning is given more meaning and resufts In presser retention. In addition to our own facility, we should enoovoge our students to use other facilities that are convenient for told trips. These facilities include the outdoor fab at Cafhoun 1 Middle School, park sites In both Southlakes and Nonhlakes parks, the outdoor tab under construction with the UMT Environmental Education, Science and Technology building, state parks associated with lake Ray Roberts, the Summer Summits Challenge Course, and the Lake Lew lsyills wetlands lab. I Programing I Curriculum The curriculum and the Inslrudional strategies developed for the DISD Outdoor Education Center will not stand alone, but rather Wit complement and be an integral component of our K•12 curriculum. The new alignment of the K42 core curriculum end the Identification of grade level significant student learning objectives and student performances well be at tit two of the OEC curriculum development, The OEC programs colts emphasize environmental studies, development of key science process skills, problem-solving, and the strong connectivity of all of the disciplines. The now science Texas Essential Knowledge and Skills ITEKS) have a new key component for all grade levels which requires rield experiences, data collection, and field studies, The OEC will provide an ideal setting to most these new mandates There has been much wwtitfen and a number of research studies documented, to • support the premise that the more personal experiencas a student has, the greater 2.5 x 1~ 32X 0 his/her ability to make Connections to the looming process The OEC well offers multitude of experiences for all students by providing a varisly of /nNrdlsclpllnary, hands-0n, and themstlc scilvildos that connect what they are learning in the classroom to what they ere experieneing at N Center with real-Ids applications and meaning. Below is a pretiminary outline of the kinds of topics and activities that will be developed for the OEC and integrated Into our K•12 Curriculun►. These topics address objectives and allow students to develop skills In all of the major disciplines. Field Tripe Elementary • Primary grades Mimal Observat' Students will observe signs of animal Ids such as animal tracks, animals droppings and other evidence of animal homes, Plant Observations, Students wilt observe plant life and classiyplanls Into various groups (t e., color, texture, size) Climate and Wea . Students will study the sffecis of the weather on indigenous plant and animal Ids. Seasonal Obs; Students will observe the changes In the plant lire and animal activity in the area from season to season. IE Elementary . Intermediate I Water Cycle, Students will understand the Importance of water conservation and j pu Mcalion by observing the process or evidanca of of the water cyclo. Est S(Ldr Students will colfeet samples of plant and animal life from the water and observe the different levels of activity from lesson to season, Math and Measurement- Students will use a variety of instruments to measure area, helghls, lengths, and volumes. Students will construe and use measurement i devices such use on angles-meler Mich measures the approximate height of Vast. Ualna Simple Ma hires, Students watt work in groups to discover ways that simple machines ore useful In helping make work easier. They will use machines used by ` settlers to simulate building a small structures. I i 39 - C) 32X10 o Middle School prleM Students Wit lam the key cor►eepte and skills of orionteering They w it apply these skills to better understand the topography of the area, the developmenl of topographical maps and general map skills. They will 0160 apply various math skills In developing and plotting an orienleering course as wrll as portjipate in orienteering OOf "titiont. Amatic, S.ir; Students wfu strengthen IMtr understanding of an egwlr, ecosystem snd participate Infield oollecllons and study of aquatic organisms. They will develop the skills moo4asary to scioniftely collect specimens and to quantitatively and qualitatively obseNe and record data about the specimens. I~i~ltati ' $lvdents Will collect specimens that an be examined at the Center or taken back to their classroom for furft study. They will loam to Identify the key characteristics of rocks and minerals and how these dwoceristics give insole Into the geologial development of U» area. Fassi l: Students A loam the processes of and Idenlificalion of fossilization, collect and Identify key fossils of the area, They WII team that fossils tell a geologlal story and also team to interpret, using the fossils, the geological history of this region, Students will make molds and casts of area fossils for further examination and analysis in their classroom. Taxaa (ta ggy-,. Students will loam the geological development of the area and how it relates to the geological history of Texas and the NOM Arnerlan continent, They wiil loam to rscognize the results of such geological forces is erosion, vvealMrirg, and deposition and how Chess forces have shaped the landscape ftlawb lm Students %411 foam self-wfidence, leadership skills, and collaborative team w*A by participating In Initiative games and simulations. They will r'` develop skills that will help them loam how to cooperate, res ~ pd other perspectives, , build consensus, and be a p(odudive and effective member of a team, 'ally • 44 I 25xIn 32XI0 1 - AM711M ' 0 s High School t;eoloey Studies, The canter can offer a wide variety of geology-based programs Including sn'I creation, fossil hunting and erosion studies Students an study the underlying bedrock of the OAnion area from the exposed Woodbine S*,idslons strata and the accompanying Washita Group located at the site Chemistry students would be able to focus on the chemical' processes that lead to the iderileation and erosion + of local limestone. cwt-iAL Students will have the opportunity to study the eneds of erosion, siNation and the creation of flood plains. Hydrology eludiss may include tllmam loading, sheet erosion and the effects of seasonal flooding on steam beds and river paths. The biological aspects of aquatic science will focus on slssm entomology, microbiology and aquatic botany. The varied microdimotes on the property will allow students to study all forms of terrestrial and aquatic insects and their roles in the environment a indicator species may be studied by students In AP courses, BotsnZ High school students will be able to study the various local plants from bottom land hardwoods to marsh grosses. The diversity of topography and associated plants at the Center will allow teachers to focus on mauoecals environmental systems. Biology I students may study plant structure and function while Biology If AP classes focus on plant biochemistry and genetics. Taxorwmw The OEC will allow all biology students to study taxonomy by clossiylrp unknown plants and animals using the same procedures as field Nolog4fs. This 'hands-on' work with teachers will give the students a greater appreciation for species diversity and daWfication than an be loomed In IM classroom. Enyleonmantal Scianca: Environmental programs will cover a broad spectrum of ' lnlardiscip!~nary subjects and skills. Students will study soil toxicity, water quality, species Interrelations, blodiversity, community succession, and other envlronmenlal topics. High school students could also be used as resident educators for elementary programs in which younger students help collect environmental date. ,.41 25 K 10 32XILI i 0 4S2kW~ Residential Camp This component of the Outdoor Education Center cents be a rive day program for fifth grade students whkh wit inciude numerous activities that foster growth of the whore child: cognitive, emotional, physical, and social. Ccanittve and Phl erewrh . The curriculum from which teachers can choose may Include hikes on several trails focusing on the local eoosystems, arts and crsAs, Canoeing, !Porte adivitioo, group building Initiative games, journal writing, observation skills and a variety of applied math and !cline activities. Agcia! and Emoi;en r ~ . As a part of a group, students will experience the value of WOAIng together to accomplish common tasks such as preparing the dining hall for meats, eating family aye, paddling a canoe, and keeping cabins and rsstrooms dean. Spending a week away from home with classmates in a residential setting allows students develop unique bonds with their peen, adult chaperones, and leachers. Looming in a different setting allows new leaders to emerge snd addresses leaming styles that are sometimes overlooked in the classroom. WW"At the distractions of N, radio, and other electronic appliances, students will come to appradate the unique entertainment that is provided by nature and their peers. 1 r Daly SSb2gj The camp day will begin at 7:45 AM. and and It $ 45 P.M. Activities will be divided between morning and afternoon leaming blocks. Evening adhritles and a en" time will be conducted by the visiting staff and will conclude about 9'30 P.M. Meals will be provided at 8.00 W. 12.00 noon, and 800 P.M, with an afternoon snack at 2 00 P M. Facility Needs: The OEO task fora has located a site owned by the US Army Corps of Engineers at the north and of Collins Road and soot end of Hartley Field Road More Clear Creek ~ and the, Elm Fork of UN Trinity River converge This location U convenient Io all ! Oonton schools and Is within the DISC) attendance boundary. It is close ono* to 4z - 25K10 32 x~C e c A l allow for half day field trips. The property provides access to two waterways, forested bottom land, open fields, wellands, and the Elm I°" Greenbelt. The sits contains a variety of plants and wifdlA# Office building! Visitor Center This would provide spas for administrative offices. insln,dors offices, teacher ' workroom, restrooms, health • first aide room, a conferencelctassroom. S small A.V. auditorium (rapacity 50), exhibit area, and gift shop. Maintenance building This would house grounds and maintenance equipment, a small workshop, and More". Study Shelters Pavilions would be Strategically located along trails. The dimensions should be approximately 20' x 30,'roofed, and have partial walU on the norUh and west sides to provide shelter during indamant weather. The pavilions wlil also haw* provide l storage cfosels for instructional equipment. Dining Hall This facility would ba designed rot mule use functions such a: large and omalf group activities. It should be able to "of 150 for a most have a kitchen for on site meal preparation, restrooms, AV, storage, multi purpose classroom for labs, asfis and use during inclement weather. Cabins for residential camp ft duplex cabins with each side large enough to steep 12 people (counting 2 adult chaperones). Floor space would need to be adequate 60 that no bunk beds would be used. Restrooms with showers would be needed for each side of the cabin. Total .I , capacity would handle 120 atWant a and 24 adults. « 25 x 0 32 x~❑ 9 ' i I Residences TypiCally, residential Camps include private residences for iM maintenance supervisor (camp Caretaker) and the director. This provide: continuous supervision and security for a facility that is somewhat remote and used for overnight programing The stay living in on-site residences are on call after regular working hours Each residence would be from 1,800 to 2,200 square feel, Outdoor M*tithesler This would be an outdoor gathering place with bench seating for day or night Programs and campfires that could accommodate 300 people, It would have an area to Accommodate a campfire but also haw lighting for programing Cher dark Infrastructure The facility could either tie Inlo a community water system or 4611 wells and operate a self-sufficient water source. The facility will require a waste water disposal system Ihal meets the local zoning requirements. When possible. all infrastructure facilities should be designed to allow for instructional opportunities and should incorporate alternative energy sources such as solar power to demonstrele'eaN, friendly' options In construction. Plan to phase In the development and operation of a DISD OEO facility 1. Phase one would Include the development of a master plan for the facility conaldering all uses and programing. Gallo facilities needed to Accommodate day fleld trips would be established. These could be as basic as a portable classroom. portable restrooms, and bottled water. Initial layout and oonsVWion of bails would be done to provide access to outdoor features and study sites. i 2. Phase two would Include development of the Infrsstruotwe needed to support the matter plan end construction of pemnanenl facilities needed to s upporl day !ripe (using I M? bond money). It would also Include Construction of the study, shallots to • • support day field hips and Improvement of baiis forADA aOCessibility, 164 Ile lay _ 75x1❑ 32xip AWAU p r a 3. Phase three would involve the construction of facd11ies 10 support the residenwl amp ut ng money secured from grants and donations Staffing ~ StaMng would be phased In as the facility grows in its scope, When the center is fully functioning the slalf would probably include the follo,Mng i Dlrf9 to live on site, supervise and coordinate the programs and activities the, ooour at the OEC. The director would supervise the staff and have responsibilities lM center similar to those of a principal to the a to input. The director would also market the facility to other distrk:46 and organizations to generate revenue that would oMset operating cosls to the district. The dirsdor would also boom all during off duty hows to support groups using the facility and provide supervision and security. Caralske to five on site, supervise facility maintenance, supervise housekeeping needs, The carelsker would be on all during ON duty hours to handle facility Heads (such as plumbing fxoblerru and . provide a degree of security for the faality. 2.11"cher to support visiting leachers through staff development, creation of outdoor lessons and leaching some lessons requiring special skills or background, Food service staff.* adequate staffing to prepare meats for those attending the ("Idential camp. Development Costs! Issues not available at this time Annual O&M Budget The Outdoor Education Center could be open for residential amp sessions about 31 ` vweks during the school year. Ten of those weaks would be scheduled for Denton schools. The other 21 would be available for other schools. 45 i I X I0 25 x I o 32 i u 21 weeks fa outside schools averaging 1001ludents 5130 each = $273,000 10 v+eeks for 0enlon schools averaging t00 students a $80 each = SM.000 operating a this level the total revenue generated would be $353.000 Payroll Costs (based on eve. 1997.98 salaries In DISO with WON) Director 1 0 565,000 tMsed on t eipe~dlredor eatery 2 X0/220 ds~) $65,000 , Teaches 2 Q $32,00 t1»eed on te7 deps) Caretaker 1 $23,000 $640 Q tbased on head weto04n 2e0 der:) 323,000 3e0e14ry 10 $20,000 (sed on elementsry sec salty 21010 220 days) $20,000 Housekeeper 10 $17,000 (Curd on wslodtan salary 260 days) 517 000 :rood service staff paid from the food budget Total payroll costs for residential camp program 5189,000 Electric costs $1.08 per sq ft. Per year sq fell ' $75.000 *#his N bored on the averape Wlity costs for Lea SLAW over the past 3 pan) Other utilities (Trash, water, sic,) Food costs (including ststt) $24 per student per week ® 100 students for 31 As $74,400 Materials % supp41; 3100 ss, atu. Q 5 6.50 per stu. $20,150 Total residential camp costs 5358,550 Note • 11 should be understood that the OEC will probably not be opsfali at capacity during the Est year, Furthermore, the current figures show that oven at full capacity, other revenue sources will be necessary to fully fund the operation. However, the facilities and staff that operate the residential progsm would also provide the basic support necaassfy for operating the day trips. • J~o 46 ?5;<10 32XIO yar... c MOM r Other Programing and Revenue opportunities As the facility is developed there are other programing possibilities that un be addressed. These would need to be evaluated based on their correlation to the basic mission of the facility. Some of these programs an also generate additional revenue to support the operating "ft. Potential progrsming could intrude the following Working farm - This could be used to help children understand the source of many of our foods and fibers. The farm might also serve as a laboratory for FFA and agriculture students who do not have access to appropriate facilities It might also be a aght for students involved In alternative school programs. Live materials center • This operation could provide small animals and plants for use in elassrooms on a library loan basis. Teachers could 'check out' a cage of hamsters, an aquarium with a salamander, or a pot of perennial or annual plants. I Staff development f retreat center • The Center could accommodate professional stag development activities designed to help teachers use the Center with their students or simply as a location for general training, team building, planning, etc. 1 i Weekend and summer uses • Some areas of the center (trails, access to rivers) j would probably be open to the public during weekends and the summer, The residential faciliVot could be made available on the weekends and in the summer by oonttW#d arrangements to that additional revenues could be genersted. The r sdditional use would also incur additional costs but would need to be offset by the fees charged to the groups r 1 i 47 r, 75 X a 32 x I O I ism • r, ,cntl?iR:J Date: April 1, 1996 Divislon: Southwestern District: Fort Worth Section 1133 Initial AppmLul , for Lewisville Lake Wildlife Restoration, Tom 1. Pmjesa: Lewisville (Ake Wildlife Habitat Restoration, Tan (CWLS No. xxxxx) a. Project modified: Lewisville Lake, Texas, constructed May 1954 s. Authorized purpose: Flood Control c. Congressional District: District 26 2. Aulharity: Section 1133 (b) of the Water Resources Development Act of 1986, as amended. 3. LQcatinn: Lewisville Lake Is approximately 10 miles southeast of Denton, Texas, and 45 miles north of Dallas, Texas, The specific project At Is located at the upper-northern end of the lake. The project area is located to Denton County, la north Texas (Enclosure 1). 4. IeSCIIptipn: ; Purpose and Background. Lake Lewisville was previously known as Garza Unle•Eim. Before Lake Lewisville was Impounded, the Elm Forst of the Trinity River had substantially more area of wetlands, bottomland forests and upland forests. Prior to acquisition and Impoundment, much of the bottomisnd hardwood forest that would be within the !load pool was 'salvaged' by property owners. After Impoundment, additional arcs were cleared and leased out for agricultural purposes. These agricultural activities led to the direct degradation of the project area. The purpose of this project modification 6 to remm wetland and bottom Wd communities to benefit all wildlife, Including migratory waterfowl and neotropicals in the uP1er ead of Lewisville Lake. ^ The titles of Denton and Dalas and the Port Worth District of the Corps of Engineers have been working together to develop or Implement a Greenbelt Corridor on the Elm Pork of the Trinity River. This development will be between Ray Roberts Dam and LewisvWe Ltd a for the purpose of riparian recreation. The entire area of proposed modUkAtiao Is on existing Corps property at the upper end of Lewisville Lake adjacent to and Immediately downstream of the Greenbelt Corridor. Real Estate acquistdon is currently underway for the Greenbelt wldch involves 1,600 acres in fee or conservation asement. Tbs. City of Denton, In i contemplating management of the Greenbelt, envisions a multiple objective mamgemat • scenario which would combine habitat restoration, management, and lnterprabdon of the restoration area with the lateral riparian corridor which would be managed for recreation r -as 2 ~ 32 X "NMI O purposes. There are roughly 2,400 acres at the upper end of Lewisville We to be managed as wildlife habitat, however only about 250 acres would actually undergo habitat restoration measures. When considered along with the Greenbelt, there would be a total of about 4,000 contiguous acres under management by tht project sponsors or their agent. Description of Restoration, The projea includes the m oradon of 230 acres concluding with the lease of the 2,400 acre project area. The restoration is divided Into three compartments (Enclosure 2). Compartment A will coexist of 25 acres of wetlands, IS acres of grassland restoration, and 100 acres of emergent wethtad vegetation restoration. The wetlands win be approximately 18" to 24" deep In the middle with a alight rise to the edges Vaclually sloping into the existing grade. This will allow the establishment of many different wetland communities and encourage various types of wildlife. Each wetland cell will be approximately one to two acres in s(ze. The grassland restoration will Include the removal of the agricultural Bermuda grasses and replacement with native grassea such as smartweed and other desirable species which are more beneficial to the wildlife. Compartment B is an abandoned strip mine, Restoration of this area will Include 15 acres of riverside or riparian bottomland hardwood restoration, with the reshaping and restoration of the soil. Compartment C will require 73 acres of wetlands to be built. These will be built similarly to those in Compartment A. It is esdmated that 50 acres win require Inoculation of wetland vegetation such as smartweed. S. relasl n y: Restoration of this area is consistent with the authirized purpose of flood con'-ol In addition to restoring the wildlife habitat. 6. Vlewa of spananr; The City of Deaton has expressed strong Interest in cost-sharing on the restoration project and in establishing a city operated wildlife management area at this location. The city also understands that they will be required to pay 25 % of the project cost ax well as the requirement of future operation and maintenance of the restoration area, The city has agreed to pursue an out grant license for the entire project area. (Bnclosute 3 and 5). 7. Xltsa+ of Pedetnt, Seta and RegL rant A nr ee ~gr. ►o: The U.S. Fish and Wildlife Service is • eager to assist and will be an integral part of this study. The Service has expressed Interest in participating in baseline data gathering and formulation of restoration measures (Enclosure 4). 8. Ctatut of NEPA n6nmanf- The NEPA document aced coordination will be completed during the fessrbility stage. Howev% there is much basellne information available from other • studies recently conducted near the project area. This should eliralrutie dupficatioa as well as ~ • • save time and money, r f ~5 x 10 32x,0 .A.rat• , 9• imnl m n Attnn natS .nds M}t yu tow ekkuted PMJ@ct Implemeetatkn cost of $800,000 would be oost•shared 73 % Federal usd 23 % non-Federal. The Federal share would be $600,000 with the balance of $200,000 (23%) betas cost. dwW with the City of Denton, Texas. This restoration project will benefit a wide spectrum of wildlife species Including both wetland and upland species as well sa mipatory birds, including waterfowl and aeotropical. 10, implemmtatinn S~I~-! L~• Manths Dial i Review of In AI Appraisal 2 April 1, 19% - Well 1996 Approval from HQ 1 lute 19% PMR and Plans and Specs 12 July 1, 1996 - June 30, 1997 Approval/Review from HQ 2 July 1, 1997 - Auptst 31, 1997 Implementation 12 September I, 1997 - August 31, 1998 { Total 29 7 11, SyrmlementAl tnfnr nnttnnt Thls project a130 has Concnnence from Operations Division, 1 12. Ftnanctal Tula, Project ModiflCadon Costs 000'5) DOLLAR TOTALS Tams lyua PA&MI Ended FYN FY97 FYOA PMR 80.0 80.0 40,0 40.0 Plans & Specs 60.0 $0.0 80.0 rl~e lementation 640.0 200.0 460.0 100.0 540.0 TOTALS ($000's) $A.0 200.0 60010 $0.0 180.0$40.0_, Non•Fedend Requirements: LERRD - 0 Cash- $200,000.00 Annual O&M - :13,000.00 lr 13. ,Map: Enclosures IM r: 1 'ltil Ato 25 Y 10 32XIII 0 1 . T' 7 1 ®fy 1 r ,f r, • f ; r 4kfr1' , MMn may. 1N > r f f r' 51 Ck In f r" Sill ~ f J • ECOSYSTEM RESTORATION. • • usM+.cacMUSo-s++a STUDY AREA FbUpE +0~+~000+i«a A WASLEWISVILLE LAKE 2 51 EXHIBIT V ~ 25 to 32XIO logo" to !,qM q Lewisville Lake Exisling Forest Existing Unduse and fy Proposed Proposed Ecosystem Reroreataron Restoration Proposed Welland . Old Field ~N Wrter 4 4► i G I I + ECOSYSTEM RESTORATION vs uw.ry0~ruasrrtr RECOMMENDEDPLAN poor *Oaf "eanor t.a. coos FIGURE roar 40411 rrw LEWISVILLE LAKE ~ i 5d I • i i s'..~ "l ~ ~ 6•."+i~.CH~F1+inwaNn•trsrew...e.w'ww,.~...,.+,.,~Aa«w...m.«- wn.., COST APPORTIONMENT Total Project Cost $ 488,370 Federal Share (75%) $ 3665278 Non-Federal Share W LERRD's $ 8,470 r j Work-in-Kind $ -o- Cash Total Non-Federal Share (25%) $ 122,092 75 n 32x~❑', . ~,.n,«.n,.«n«....,.rrr..rrw-a. ne..a.:..«e.a+.w,eu^.lr wr r1.wne;F+FV 13M'i.ti'S!..uy.WUt:uiwr.±.r•.f-vr ro...>.r... ..e., r n,.:..v...., IMPLEMENTATION SCHEDULE Approval of Ecosystem Restoration Report March 1998 Initiate Plans and Specifications April 1998 95% Plans and Specifications July 1998 Request Project Approval August 1998 Execute Project Cooperation Agreement November 1998 e; Acquire Real Estate January 1999 Advertise Construction Contract February 1999 Initiate Construction April 1999 1 Complete Construction April 2000 Complete Monitoring April 2002 - 25 k 10 32XIO • 0 Agenda No Aganda Item] AGENDA INFORMATION SHEET AGENDA DATE: February 20,1998 DEPARTMENTt Planning&Development CM/DCMIACM: Rick Svehla SUBJECT Receive a report, hold a discussion and give staff direction regarding the Denton Plan Draft Policy Documents, BACKGROUND The Draft Policy Documents are one of several stages of the Denton Plan process. The Draft Policy Documents contain three separate components; the Mission Statement, the Growth Management Strategy, and the Planning Policies, The public involvement process for these documents is nearing completion after a series of public meetings. Although the level of public participation has been disappointing thus far, the people who took the time and effort to attend the meetings offered comments that will be extremely helpful. Staff believes that more people will participate in the community planning process as recommendations become more specific. During Planning and Zoning Commission and City Council public hearings in the next few months, staff will respond to all public comments and prepare recommendations for revisions to the Draft Policy Documents. The purpose of the February 20, 1998 City Council Work Session is to report the results of the public involvement process, and receive comments from Council regarding the issues that need to be addressed as revisions to the Draft Policy Documents are contemplated. Upon adoption, the Policy Documents will be used by staff in conjunction with the 1988 Denton Development Plan. The current zoning ordinance will remain in effect. More importantly, the approved Policy Documents will be used to guide the recommendations of the Comprehensive Plan, and further policy revisions are likely as plan details unfold. The growth forecasts and alternative development scenarios developed over the next few months will provide further r opportunitles to determine if the policies reflect public sentiment. ESTIMATED SCREDILEOF KQ,IECf The Draft Policy Documents were prepared by city staff during Fall 1997. They were released by City Council for public review in November 1997. Eleven public meetings have been held during January and February 1998. The Planning and Zoning Commission conducted its first public hearing on the draft policies on February 11'",1998. One person offered continents on this date. A second P&Z public hearing is scheduled for February 2P, 1998. Staff will offer tTl • t,~ preliminary revision recommendations on February 23'", and will ask the P&Z Commissioners to conduct a final public hearing and make a recommendation City Council on March 11", 1998. 7~,° ~h n 32xio OHL , n~ e , tea.. City Council is scheduled to hold its first Draft Policy Documents public hearing on March 17u', 1998. A Council Work Session is scheduled for March 24°', 1998, for staff to receive instructions regarding proposed revisions to the rliciw. The second Council public hearing for the policies is scheduled to take place on Apol 7 0 1998. Adoption of the Draft Policy Documents by Council resolution will be requested by staff on April P or soon thereafter. ' FISCAL INFORMATION The adopted Policy Documents will exert some level of impact on all city and BTJ property for' several years to come. As a guidance tool for the Comprehensive Plan, the Policies will directly influence many city activities and budget-making decisions undertaken during plan implementation. EXHIRITS The Denton Plan; Draft Policy Documents - Public Meetings & Comments Summary i Respectfully Submitted; avid M. Hill ' Director of Planning and Development i I . I i C:vdr t7aummbVotlq tkemmnU AtS •!1leb91,dae J i l 25 k 0 32 x I 0 Irv- ' i I ° i o l The Demon Plan Draft Polley Documents l J Public Meednis a Comments Summary Introduction The Draft Policy Documents were written by City Staff from August 1997 to November 1997. The document was released by the City Council in late November for publication In the Denton Record-Chronicle on December 10, 1997. In the document, the public was asked to write questions and comments about the policies and forward them to the Planning and Development Department. In addition to written comments, citizens could submit comments via electronic mall I through the Internet, by telephone to a planner, or by direct delivery to the Planning and Development Office, A series of eleven public meetings were scheduled to take place over a period of six weeks from January to February, 1998. To encourage attendance, the meetings were located In convenient lacetbris throughout the community. Table 1: Denton Pion Potlclos Public Meetings Muting Dote Looatlon Number 1 Janua 8 1998 Donlon High School 1007 Fulton 2 Janua 12, 1998 Sam Houston Elementary, 3100 Teasley 3 January 15, 1998 Merlin Luther Kin Jr, R,greal1on Center, 1300 Wison 4 Janua 21 1998 Cii Hall at the all Office Golden Triangle M8I1 5 January 22, 1998 City o Denton CI Hell 215 E. McKJnne 8 January 26, 1998 Evers Park Elementary, 3300 Evers Parkway 7 Janua 29 1998 Ray2or.Elorranta% 1400 Malone a Februa 2 1998 Sin g rig Oaks Church of Chris 101 Cardinal 9 Februe 4 1998 Wilson Elementary, 1501 Emerson 10 Febn,a 5 1998 Borman Elementary, 1201 Psrvln 11 February 9 1998 City of Denton CMi: Center, 515 N. Bell At each of these meetings, with the exception of the final meeting at the CIvIc Center, a presentation outlining the policy document was given. Following the presentation, those In attendance were Invited to make verbal comments about the policies or other comments concerning the city. At the final meeting on February 9, an overview of the 0 previous meetings was given; the public was then invited to visit one-on-one with City Staff at stations representing each r of the Individual policies. Taw:nw.wv.a Lao" o.+nonaa +v 15ssrDa4tOW OF" us l In addition to the regularly oww.r Ntary 14 IM 4eO ®Abst&snt. scheduled public meetings, 111:40, db `d" rhour,.ra,m ~,w° i °rvuor" planning staff was Invited to speak OW" F&'"Rl oe uasee.,u*I, at several community ~"E 0 • organizational meetings. A short presentation was given, and comments were received from each group. 02121]!98 , 25 32xl[l i • 1 0 i r Denton Plan Policlea Summaty of A,bk Mead= Verbal comments received at the meetings were noted and summarized. All comments taken, verbal and written, were forwarded to City Council and the Planning and Zoning li Commission on a weekly bas's. The comments were Collected in a notebook which was brought to the public meetings and made available to all citizens upon request. Comments Received As of this writing, a total of Eeventy- se Chad l: TVOeeofWritten Comments three (73) written or telephone 30 comments have been received by 25 N, the planning department. Comments 20 Nr Mvl xr were received by a-moil, the 10 newsprint form, a comment form e aT-' handed out at the public meetings, ° personal letter, and by teleptone, Ertu1 N"lcnnt Horded PenOw PrwuGe j Form Fwm LINT Attendance to the regularly scheduled public meetings was varied. Weather conditions, and the particular day of the week the wresting was held might have influenced the attendance counts. Meetings located near active neighborhood assoclations (Sam Houston Elementary, Borman Elementary) had higher attendance than others. Staff received and recorded verbal comments at all of the meeting locations. Table 3: Summa of Public Malin Attendance eeUna Number 0 Number or Mgo-t-Ti-oic(s) of Discussion Public verbal Attendenee commenis (ach Ie ereta idea + i Denton 019h School is 66 Transportation 2 Sam Houston Etementa 20 45 Housing, Neighborhoods Mixed-Use 3 Martin Luther Kin Jr. Center 19 26 Mixed•Use Stormwater Dralna e 4 CI Hall The Man T 23 Mixed-Use Public Involvement t 6 city Hell 4 27 Mixed-Use Trans eUon 6 Evers Park Elemenla 14 41 Economic Diverelncenon 7 Re tot Elements 10 34 Trans rtellon in estruclure 8 Sin in Oeks Church of Christ 3 21 Mixed-Use 9 Wilson Elemenle 26 _ 31 Trans tion 10 Borman Elements 10 25 Growth Mena emenl 1 11 Ch ie Center 33 5 Trene tion Urban Desion TOTAL! 166 350 While all meetings had some discussion about ell of the topics included in the policies document, many seemed to have a theme which prevailed over the others. The topics { usually came out of discussion back and forth between staff and citizens and many % times between the citizens themselves. On several occaslons, the citizens asked each i other what the preferable alternatives to the policies should be, j I 02)20198 2 75 32XIo "RUN" _ i Donlon Plan Polkies Summary or Public Meetings f Major Issues The meeting of February 9, 1998 at the City of Denton Civic Center was formatted differently than the previous ten. City staff from various departments were asked to bring visual alds and documents which could clarify the Ideas expressed In the policies document. After a general discussion of the top Issues brought up during the previous meetings, the public was asked to break out of the group and approach any of the City Staff with specific questions concerning the policies and possible alternatives available for implementation. The following list was compiled for this meeting from the comments that were received regarding the Denton Plan Policiej. The topics were ranked by the number of comments received. The list Is not exhaustive. A matrx of the individual comments lists the comments by topic and frequency mentioned Transportation: s Should be the main focus of improvement in 8OUNIM01 Donlon • Mix of housing types should be clearly defined • Improvement of road surfaces • Citizens should be assured that the property • Traffic on Loop 288 from SH 380 to IH-35 values ere protected Widening of SH 380 from IH-35 to loop 288 • Public transportation should be made more eublk~' Involvement, available • The concept that the polkies are lust a part of Bicycling should be part of the road planning the overall compreherslve plan should be process made clear In the document • Interregional connecllon to Dallas and ft. • Past publk Involvement In the planning process Worth should be considered should not be discarded • Neighborhoods should be better Informed of Growth Management Stralooies: specific development h the area • Slow and careful growth Is preferable • The plan should be shorter and sadly read • Growth Is Inevitable, Denton should be prepared to direct where new growth will occur Mission Statement • Good Infrastructure policies will help guide • Shorter Length development • Should have more clarity of direction • Infill development should be controlled to not • The emphasis should remain on citizens disturb existing neighborhoods • Uniqueness of Denton as compared to DFW r • Policies concerning economic koentlves should should be stressed be carefully stated Environmental C±ualib: , NeIghtorhoods! s Every effort should be made to keep all • The concept of mixed•use should be dearly development environmentally safe defined • Environmental Impact should be considered as • Mixed-use should be applied to new part of cost-benefit ans"ll of new economic developments development 4 • Existing neighborhoods should continue to be protected from unwanted land uses ftonomil: ' • The city should make a commitment for the • The use of tax abatements should be debated continuation of zoning more thoroughly before stated as potiey • • • Safety and movement of people thorough neighborhoods Is vital Srar slay Dratnaca • Design of fled-use neighborhoods should be ► The clty needs to keep the public Informed / controlled about drainage projects 02/20/98 3 L1 32 x IQ w+ 1 GR~ 1 4 F+11r~1+ • Donlon Plan Policla_• Summary of Pubfk Afaerlnoa • Drainage areas should not be concretedined, Government rather should be more environmentally + Individual statements should be made for Fire, sensitive Police and Library services and the commitment of the city to maintain and Improve parks and t' weatlon: these servtees a There should be a policy about maintaining cultural, leisure, and educational activities water 5 Wutawsler: • Correlatlon to the Vision Project Is not strong Environmental impact should remain a top enough pity • Greeowey eonnectione between parks should be made (ex: Avondale Park) Fledric? Systsm • Policy should be developed concerning the use • Tha utility should remain local of the area's lekes + Every effort should be made to keep rates as low as posslUe SoW waste: • There should be a stated policy on recycling Urban Oaslon: • Study should be made for curbelds recycling • Good urban design should be deAnsd + Devetopers should maintain certain landscaping standard i y r 02/20/gt1 5 x ❑ 32x!® l ~ I I n - I • • Policy Area Policy Number Number of Skrdtar Comment Comments Document 7 The document should be more specific because growth is occurring quickly, but the City of Denton Is felti behind i, • Document 8 Too broad a statement end not s ciilc about the Implementation Document 5 Should relate better to the Vislon document Document 6 The document Is unclear end herd to retd Document 3 A me should be developed to show how the policies would be Imotementad Document 2 A summery like the one In the presentation should be given to make the policies more understandable Document 2 There should bee lic to kee the len current _ Document 1 There should only be one document to c,)mbtne all pL;nants of the plan Dnrument 1 It might be helpful to separate the Issues oddrs'W In the 1888 DDP and the new issues addressed In this document Document 1 People are afraid that the document will make them have to do something to cone into compliance Document 1 Time frame of the len Is unclear Document I A olio should be develo d that defines how the other policies would be enforced i Economic NversNication 3 16 Usino ft Copper plant so in example, the City should consider environmental and } other Impacts much more carefully before ailowln tax abatements to occur Economic Diversificatlon 8 Tax abatements should not be used. Economic Dlversificalion 4 Before any tax abatements are to be used, the City should aonatder the cost for the k City er manufaeturi and industrial devalo nt 14 Economic Diversification 3 Impact lees should be implemented ao that new development pays their fair t;iere of infrastructure and services Economic Diversllication 1 2 Encouragement a more proactive approach to leading growth through extenslomh of utilities Economic Diversification 3 1 The Chamber of Commerce should be Involved to move new buslnesi into existing non-occupied buildings Economic Diversification 3,416 1 1 don't believe that offering selective economic Incentives Is fair. A set of standards for all businesses should be sit-up Ir, the city,_ Economic Diversification 4 1 'Tht: development review and decision making process used In Denton should ~ guarantee full notice and equal participation. this does not currently occur in Denton what will chance to make this happen? Economic Diversification 1 I own property In the low-density category, will the plan cause the City to mlgrale { ewe from neighborhood re ulatlonst { Economic Diversification 1 hat Ir the net gain for the City to us# tax abatements? 1 , - 25 K 10 32xlfj 0 I ~1 A w,. y'Sa 3 c ~,e ii y, r P a M'kap~ ,a am X n d Y:i# hL^'. •;`~,h7t +a^7<Y:'h~ t~' f'ty..a _;'\t, ~§!+~,c'1rF* COMMIEL. MO MM G~ DES A4/4A/AA Policy Arse Poky Numb-at Number of Similar Comment Comments Economic Divetdficatlon 1 If the City wlshes to provide more abatements it should have a guarantee from the company that before the abatement period Is over, they wlll beck ell the tax abatement Economic Divetsificatlon 1 There should be a medlum between too much requirement on developers and too little requirement ce line undlt round Elestna 6 atom 1 2 Cost should bee fector whether tools Electric S stem 2 The electric utility should Investiaels alternative sources of cleaner power Electric System ti 1 The word street should be replaced with the word outdoor Electric 6 stem 1 The Cit should sell the electric a stem toe private entity Electrical System S 2 Kee local control of the utilities Environmental 2 S Caielul growth -should be meintalned to protect the environment Environmental 4 2 The City should not use herbicides In draineae arose r Envirommental Introductlon 1 Should not Include America's use of resources Glossae 2 "Nei hborhoods' should bed fined as ter er than a block or single subdlvhlon Oov rnmant ft No mention of Fire Police, Libra esrvic s are In ! e o Icles Government r - - 3 Pride In education need to be a policy- Government 2 The elty needs to have more input from oiti2ens rather then lust businesses Involved with the Chambm of Commerce Government 2 The Clt should .u In emergency Irma In case of tornadoes Government 4 1 Fleeted official are more concerned with other thinas than with current problems Government 1 The cif shouldIncrease police rot action Government 1 Denton should use more local eontrsa ors for woe r Government 1 The city should have a pollay on the humane and mandatory spsylmg and nauterlAg of animals _ Government 1 Do no increase taxes for the hn lemanlatlon o the I n Grow h Mama ement 1 12 Zoning should be relaxed for reconstruction of the Delta Lod s Gro t ana ament 7 5 font should not be relaxed In Its enforcement Or vet ens errant Introduction Slow and careful 4rawth Is preferable Orowt ens ement 1 4 tone should not be changed where it leaves net h rhood un rotected Growth Management 4 Growth 1 coming to Denton. The emtlre State of Texas Is growing. In 10 yelp Denton will be like Lewisville and Flower Mound. The City needs to accept this conclusion and a ere. Growth Management 10 3 We policy would encourage rnom rental property. People of different Incomes should not be forced together, Growth enagement 4 3 Economic tax Incentives are not popular in Denton end should be looked at elrefu@y, _r ~ 2r= x Q 32X " 0 0 i " ~f;r~w. ~f~i4k'. : a. ~~i:>•tr.',~° w4~.t~.A:y.~-wrcss rNJ ~ ~.J 1~L~~rr§a_ sP~ 1,~t~7 s's~ dt:' r~. <Cp.'~s_~' j...4:-7,y"§R. V~.x:S'_f1a a r?., s._,c;: DRLR Sammy OF L'dYYIm. I IMN PL PO IPJES 09140/ Polay Area Policy Number Number of Similar Comment Comments i Growth Management 6 3 Growth along loop 288 Inter Lowe's aM Wal-Mart) Is not efficient. It is a good example of the City not representing the people. There should be a more efficient use of lend, Growth Management 3 Control the growth of and location of uses b the sire of the roedws s the city builds Growth Management 7 8 10 2 Points 7,8, 10 are acing to be unpopular where did these policies come from? Growth Mane ement Introduction 2 it is difficult to project whet the population in 28 veers will DI Growth Management _ 2 Infill development should be encouraged Growth Management 2 The city should be roictlve and not reactive Growth Mane ern t 2 The city should look at what other cities have done to control urban sprawl Growth Management 1 1 "Highest levels of quality possible" suggest high cost. This needs to be more clearly def Ined Growth Mena amen? 2 1 1 e ree with the absolute fairness of this policy Growth Mena sment 2 1 High density rowth should be avoided Growth Management 2,31A 1 "Should be" and "need to" should be eliminated be more definitive Growth Mena ement 3 1 Chen a the woMin to "All the rules" Growth Managemont _ 3 1 lonl should be strengthened Growth Management 0 1 This should not be a policy, The city should not have this attitude, It Is contradictory to policy 2 elevelo ment should a for itself" Growth Management _ 8 1 'Land uses should ba balanced" Is tog generic a statement Growth Mang emant 7 1 Point 7 should be ststad positivety Growth Management 7 1 Lao 288 should be toned to be light Industrial to reflect proper develmement • Growth Management 7,8,10,11 1 Strike these policies from the document accommodating people rather then automobiles to not realistic Growth Mans ament Introduction 1 auto obiles of the term rowth Growth Management fntroductlon 1 Prevention of adverse impacts is too defensive terminology Growth Management 1 There ere too men vacant buildings In Denton. Growth Management 1 Intensit _of use should determine Compatibility Growth Management 1 Switch to a_st_rategl_c planning format i Grow h Management 8 1 Defina environment I demo e Ho sEng 219 A Dlvanltlcetion of housing mlghl net be desirable _ _ fl y~ Housing 2,8 3 Mixed housing WN make poor people feel bid living next to rich people 1 Housing 3 People of diflerent economic backgrounds are afraid of non-regulated mixed uses. 1 Because of the differences in values and economic classes, It would be difficult to force people to live where the don't want to Housing 2 2 Housing diveNfiestlon would be great or Denton AS, r• '`r r ~7 3 2 X I II r • u *e"wa r { 1{{,, q ~'y7 5 ry~Y ~ 3 3. .Y ).+ah' fr i L e Mn"°NGSh''4i'';`,~a1~:'~J"'fr,"~d?~~'e^1~i#"a'~':.+i~:+~';~,rhd(~ti.q: Ibis, sserFT 1111Mlt Y Al! AwYUlm. 11Sf1 al K" al udi ! aim Policy Area Policy Number Number of Similet Comment comments Housing 2 2 Traditional mixed housing (garage apartments) are not allowed In current toning. It allowed a family to grow and change housing various family members or ceretekon, 2onl should allow such types of housin diveait , Housing 2.8 2~ Mixed houslno would esuu higher crime rates due to mixed Income levels Housln 2 Most a le went to live next door to o le like themselves Housing 1 1 The word dlverafty occurs too many times In the document, Denton does not need divefalt Housln 1 2 1 Points 1 f1 2 of the houslno polleles are golno to be eontrovenial Housing 2 1 Ex lain how this olic would bi im lamented Housing _ B 1 Apartments are a large dreln on he cit 's resources Housing 8 1 Denton'a houslno assistance program helped to buy a home J Housing 1 Davelo mint re uirements ml ht be too strict to encourage affardebie housing I{ Housing 1 Because there are more ranters than there are owners in Denton makes It difficult to , b ahome Mission Statement 2 the statement Is too o nd sho ld ba shortened t one or two an"rs h1 i Mission Statement 2 Approval of the atstement "Residents _wlll_ba able t choose to walk... Mission Statement 2 It Is Important to keep tommunlcatlon between the universities and the City as open to possible mission statement 1 "The downtown will become even more pedestrian-friendly, with new strestseepes and Im roved aldewa'I-. I this (s a project and note policy and should not be listed , Miaslon Statement I There Is no mention of our financial responsibility to current and future residents of the cit ' Mission Statement I More focus on Induat should be Included Mission Stetemenl Mission statement Is well written Mission Statement - _ 1 No mention of athletics In the misslon statement Mission Statement I Too ve uo a ststem nt - Mission Statement Emphasis o "shareholders" Is a good comsat Mie±lon Statement 1 Too much amchal s on Ne downtown squirt Misslon Statement 1 The Cit should be 1 letda► In the development 011jachnology Milsltln Statement 1 The concept of shareholders Is a bad concept Mission Statement 1 The city Is growing too quickly end should kaep 'eesentlel ingredients which keep Denton unl ue" Mission Ste ement 1 The ststement In not factual: there ere not 1n h wdl a I oDe In Denton Mission Statement 1 The city should keep strong efforts to convince the public to support downtown businesses 4 95 32X~~ • *OEM 0 r , p g ~a^P +~r k' ti rg v y~i r v r ry'S.~'}',.i+.T~4,^~,h''~.h7.'Y45s`4'~g,"at~.Fx • DR~~* ~M ■'Y ~F ~-eYM MY! BW0f1 112LR1E2 /galas Poncy Ares Pollcy Number Number of 8kmner Comment Comments Mission Statement 1 Denton as an arts elty Is an important concept and should be highlighted and nurtured In the plan • mission Statement 1 Move the fast sentence first. The current first sentence Is misleading. Misslon Statement 1 There Is no mention of Alliance and Its corridor Misslon Statement 1 Do not went a new Denton, Denton's strength Is not in Its diverelty but the smell town atmosphere Neighborhoods 1 8 Mixed use could work only In new neighborhoods. Older neighborhoods should be protected. Neighborhoods 2 6 Nel hborhooda should not have differ nt uses Nelghborhoods 2 4 Mixed-uses pre-dote toning. The Zoning Ordinance protects nelghborhoods Neighborhoods 2 4 Slow mixing of businesses and residential destroys the neighborhood before you can stoat Nel hborhoods 3 4 Sldewatko should be placed in all nelghborhoods Nel hborhoods r 4 New Urbanism promotes the Idea of businesses mixed wlth residential Net hborhoods 2 3 Mixed use Is favorable to promote dlversit Neighborhoods 2 3 An mix d.use should have otrlpt lI htin end sign re ule Ions Neighborhoods 2 3 Retail establishments like the mom and pop stores do not work well anymore they _ Neva been taken over b supermarkets Neighborhoods 6 3 A greater area than just 200' of notiflcatlon should be given for new projects that are to be developed K ` Nelghborhoods 3 Policles exist In the plan to allow mlxed uses If people want to live In that type of . environment. It is difficult to develop new ideas end deal ns without flexibilit Neighborhoods 2 2 City should be tolerant of mixed uses that promote welkin Neighborhoods 2 2 II is herd to mix socloloalcet and cultural interests together Neighborhoods 6 2 Forums for discussion net hborhood issues shordd be kept Neighborhoods 6 2 A publlc forum should also be used for discussing the improvement of community and unlvarslt planning I Neighborhoods 2 1 A good example of mlxed•usa Is the Cupboard, how do you write restrictions that will { fit the next business ten votes from nowt Neighborhoods 4 1 Librarlee and other elt servlcos should not be Located near drains a press ~J t Neighborhoods Introduction 1 National debates should not be mentlonod qr/ Nel hborhoods 1 The city should find developers whl h ere willing to conform with dead festriotions f Parke end Recreation 4 6 The City should encourage the use of a ktand do6cstlon parks and Recreation 6 Ouestlone about ow the arkland dedica Ion would be enforced Parks and Recreation 4 4 Lend should not be dlaeted by developers Parks and Rlreeatlon If 3 Denton needs more arks izu 25 x 10 32xi❑ 1 p X41 _-:~.a ~>t.~.•;~Eit1'f.w"k°~i~3Y:'r~.Y'?~i`L~Y~k~N.~~~;#~'{tip`.F~eK~~~M~..S,~~,~~~~'~'^Fa ~v t3'/'YS~i}RS`4. .3 rnx:. L~`"Ry~~yy"Aa'^T.';~kk +awAr, "!~~a*~..~, ~..e'>t?P.7.°S,r -ii: `.F,.5: 06 rM of C yman, UNTOa PLC Laid 04/ Policy Area Policy Number Number of 8Imtler Comment Comments Parke and Recrsetlon 3 Lewisville lake borders much of-the eastern elde of Dentonr Many cities have utlli:ed their proximity to ~@creation areas. Denton should develop this resource. Perks and Recregtlon 1 2 E ultable distribution of arks is o good concept Perks and Recreation 2 Concern about take Ray Roberts going under city control and not extending _ state county land tease for reoreetion Parks and Recreation 2 There should be a policy that enforces commitment to lelsurs end cultural acdvitise Parks end Recreation 2 1 _ is erklend dedloatlon oln to het Denton connect Its greenbelt areas? Parke and Recreation 1 There are too man arks in Denton }or maintenance and olieln Perks and Recreetlon 1 No mention of the develo meet of a public off course Parks end Recreetlon I I like the greenbelt from Avondale Perk to Unfversit Drive Perks and Recreetlon I The P&A department does a good job at mowing and keeping weeds down Parke and Recreation 1 A royal of the Civic Center Perk Plan Manning Process 11 The lonnln pr case shoula be cteert defined Piannin Process 4 it is hard toagree to llcles 11 you don't know how much 11 10111 cost Planning Process 1 Set priorities emon the policies Pub le Involvement 2 7 More adver isln for public meetings should be used Public Involvement 8 The planning department his done well at keeping eltlsens Infor ed Publlo Involvement 1 2 More time should be iven to comment on the Ian Pubtla Involvement 1 1 The time eltowsd during P62 and Council hearings is not accessible for citizens to make comment$ Public Involvement, 1 More public Involvement Is needed Public Involvement 1 No trust has been built u between the city and the community lately Publia Involvement 1 Public involvement should be at the front of the document Public Involvement 1 A .good effort hip been made through the newspaper, and wabslte Public Involvement 1 'Wide Open' Is going too fait, Use just 'open' end make outs that non-Dentoniteo do not confuse the Issues of the Ian Public Involvement 1 Have no lace in the final Dentoctive Pion Public Involvement 1 Direct democracy Is not effe ae demonstreled by the low turnout et the meetln s. Elected re rosentetlvas from net hborhoode Is a be ter s stem Soiid Waste A Recycling should be add a policy r f/ Solid Waste E Rec cg should be curb•olde Solid WeNe 2 Now oubdlvlsions should be required to put Ina roc lln sees Solid Wame i the alt should too If ""Ile, Solid Waste 1 The Materiels Recovery Feellity as pert of the City of Denton tondfl helps both solid waste end environment most their general guidelines In the Denton Plan 6 25 A 0 32 x lesions r , + 0 I~ ~ r f rxfl r~!x ~Y ! v 6P Ik M1 A, }Y f ,'.4+ ry , < IIIIL~ EtlY1L~lf df nasrWHIL, eertrrmr ter ■M 'nr runes - Pres Poky Number Number of Similar Comment Comments inage 1 it Is critical for environmental d drelnege Issues that floodplelns are protected end not built In 1 inage 3 3 Ditches should not be concret e-lined, rather trees should be planted on either olds for aesthetic. and erosion control inage 3 3 Bofors projects its proposed the nelghbofhoods affected should have more advanced warning ' Storm* ter Dralne s 6 2 Now development should take Into comlderotlon residence located downstream, Stormweter Dfaine e 8 2 Developers should not be allowed to clear-cut property which tnereseso erosion Stormweter Drainage 1 1 The mandatory dedication of floodpialn to the city might Interfere too greatly with the use of some property Drainage I 1 Define "watershed" Stormweter Drainage 8 1 What Is the efinitlon of regional detention? Stormweter Dralne s y 1 "Hi erlon_l9 not cloerl defined Stormwetet Dralne e 1 Under round drains e systems should be Implemented Transportation 8 17 Transit o lip Ons shoutd be Increased for student dlo led olderi end tourists Tram ortetlon 10 13 Bic clan Is unsats In Denton, Bike Vella should be cloerl marked a sl ned, Transportation a Truck ireffk should be diverted sway from SH 380 through tow Transportation 3 Loo 288 should not o from 3 to 410 2 tense It should be eonehtent Treesortation 3 6 The traffic on tooo_289 is terrible Trene ortation 1 4 Hoods should be planned as to not disturb utilities when. widened Transportation 1 4 Whet Is the Moblllty 2020 plan and how does realonal planning work? Transportation 3 4 IH 35 is iou narrow and den eroue to drive Trans ortation _ 3 4 Loop 288 should be made to spur Into Mavhlll reed Transportation 4 Perkin around the s uare should be inoreesed Transportation 4 Transportation should address smog Issues Trans ortetlon 1 3 TranworliVon le do, behind other Infrastructure Transportation 1 3 A thoroughfare plan of the city should be current J Transportation 10 3 Pedestrian areas should be Increesed H eolall In Downtown-- Transportation 3 3 Entrance romps o uld not be so danger i uonto IH 36 Transportation 8 3 Transportation to Dellas and Ft Worth should be Improved through cooperation of • DART and the "T" Transportation 8 3 Tram onatlon to alroorte from Denton should be encoure ed Transportation 1 2 The city should show problems and develop solutions Trans ortation 1 2 Traffic on Bonnie Brae Is bad Tram ortetlon 2 2 City should keep, In contact wit ?DOT 7ranoportetion g 2 The airport Is not used end should be ab ndoned ? • 10 32X O 0 r . , a. Y!v ti +•`V F,'ll+t~~,t,°~s°sF le7t'~Gi~~,4f ~~'S~fa~i %Kt'~~3i1'~5~' ~'y~. t''..,• d'M~' 1 a' r e a- "w; ,r ~1Etiullrl~L~~orrErra~ o ~nr ~ ~e~oi~ ®~~4A/9a Policy Area I I Po6ay Number Number of 81mller Comment Comments Transporta6m 2 You will not be able to oat more people to walk Instead to taking their car Trans ortation t 1 Buelnesses should help In the movement of traffic around Denton Trene rtation 10 1 "Their properties', define who Is'their' Trans ortetlon 11 1 The City should keep track of reconstruatlon dollars spent in the area Transportation 2 1 Hotel constructlon on 136 will Increase traffic on university Trans ortation 3 1 136 should be rebuilt on the east and north sldea of Denton Transportation 4 1 Define me or thorouahferes Transportation B 1 Define "access management" Transportation 8 1 Use surveys to au a whet it would tike to Increase use of public transportation 1 Transit shat rs need to be constructed in Denton Trene ortetlon I Traffic at Bell end Eagle Is vary heavy Trans ortetlon 1 The Intersectlon of-University and N tin hem Is den eroue Transportetlon 1 There Is a lack of adequate collector and arterial street In development on the west side of H•36E south Denton Trens ortetlon 1 The traiNa li h et Fulton and Denton I all School does no or orractl Trans ortetlon 1 he should address additional police enlo cement f lrsfilo Urban Design 7 Landscaping should be conalderad as a polloy Urbsn Dssi n 8 6 The ugliest arise of the clt occur alp, University Drive and IN36 Urban Design 8 3 Entrancewe s should be cleaned u end Improved ',r Urbsn Desl n 4 2 City should be leader in cleaning up-front ends cars mowin Urban deal n Introduction 2 Make builders and develo rs give up some of the bottom line for more aesthetics ra Urban Deal n 2 Keep hbtorlcel aspects of Denton Urban Design 2 Trees should be reserved whenever new dovsloon,ant Is proposed--- Urban Dal n 2 The oren a lights makes the city look ugly Urban Dal n 2- these lane will help, prevent Denton from Wornln another Le IevAle Urban Dalpn, 4 1 People should not be allowed to pork boats and RV's In their front yards { Urban Deel n 8 1 More was to should be developed tlks Carroll Boulevard 111 Urban Deal n 8 1 Carroll BtvQ Is a good example of a tree-ilnad street i Urban Design 1 Tram preaervstlon limits developers, Denton has ciouoh trade we do not need to save all them ` Urban Design 1 Homes stauld have eutomoblb access to their rear yards which would limit the need for residents to ark their cars and trailers in the front and Urban Design 1 More But Oaks and Red Oaks should be planted In C."ton Water S Wsstswater 3 _1 _ Point 3 should not hinder business development Water 6 Weatews it 3 4 6 1 These statements see to be contradicto - 25x~~ 32X [I . awuwt p Pelioy Aree Pocky Number Numbet of $I"*8r Comment Comments Water & weetewater 4 1 As property Is developed endlorlenMwed into the olty, where Is the tine (weter that b) to which o rtownereldevel ere to HO Is it reap a fundamental City eervlaet I 1 1 i MOAN 1 I 9 75~~~ 32x~C~ • 0 I A~r"a fVo. ~ i Agenda Item AGENDA INFORbtIATIONSHEET Da!e_ AGENDA DATEe February24'"01998 DEPARTMENT: Planning & Development y CM/DCM/ACM: Rick Svehla SUBJECT Receive a report, hold a discussion, and give staff direction regarding it landscape ordinance that the City Council requested at their Fehr try 170' meeting be brought back for further review, BACKGROUND Following the February 17";1998 public hearing, City Council members postponed action on the draft { landscape ordinance to allow further Work Session review on February 240i,1998. Staff was asked to respond to the following comments, 1 e The Monarch Tree definition should be "tightened up" to provide clear designation standards. e The Monarch Tree nomination process should allow input from members of the public rather than be limited to staffevaiualion during Landscape Plan review, a The Impact of the "10110 Rule" (206/o planting area/ 20 trees per acre) was questioned. Staff was asked to bring back other development examples of varying use and site size, along with estimated costs. a A comparison of the draft ordinance requirements with other cities' ordinances was requested, particularly with respect to the "10120 Rule." o The absence of any irrigation requirements was considered an issue that needed fLrther discussion. o The staff recommendations prepared In response to P&Z comments should be added to the text of the ordinance. o Specific language should be prepared for review to that several "loose ends" can be addressed properly in the final version of the ordinance. Staff is preparing information as requested for presentation at the February 24,h Work Session. Graphic examples of landscape plans currently being reviewed will be presented, illustrating different planting densities and costs. Other cities' landscape ordinances are being compared to determine the tree quantities and planting areas required In proportion to lot area. In addition, the following revisions are suggested; ♦ SV,5 MARV OF PROPOSED REVISIONS TO THE. AFT ANDS P .O DIN N 1. Add to Section 31.3 (Defuiltions Sectton)~ Menerch Net A tree of at last 43 Inches In diameter that has been r determined to be of unusually significant value because of to specie, case, form, historical significance, or other ~j eharaclentica, r7r 2. Add a new Section 31.6(4)d. (Tree Credits Section): Monarch Tree nominations will be prepared by the birator, during Landscape nn review or after the evatuetlon ofnominatloa proposers submitted to the Director. Only those specks identified In the Selected Specles Lht (Section 31.15) will be eligible foe Monarch Tree nomination, no owner of the property where the nominated tree Is located may confirm the destsnotton in writing, If in disngnement, C:Nty DocwnwnuVindmVe ordinance Adenda Info sht:4M91 doe ►ep I Dims 2 s x 3 2x1❑ 0 the property owner may be appeal the nomination to the City Planning and Zoning CotnmiWon, where review and final decision will be made, Upon designation, removal of a Monarch Tice shall be prohibited unless considered it a lilts date to be diseased or damaged, 1 3. Replace Section 31-15 (Selected Species List): IA new Selected Species List has been devised that Identifies the species eligible for tree credit and Monarch Tree norination. The list also providts the names of small trees, shrubs, gioundcovers, vines, grasses and perennials suitable for use in the Denton Ares.] 4. Add a new Section 31.6(1)d. (Tree Requirements Section): Species Diversity: The following Species Diversity Requirements shall apply to all Landscape Plans, but shall not be used to limit eligibility for tree credits: Number or Required IvIiiiLmurn Percentage Site Trees of Any One Species (0.19 50% 20.39 35% 49.59 25% 60+ 13% 5. Add as the last sentence of Section 31.6(7)c, (Functional Requirements Section), All landscaping shall be Installed according to sound horticultural practices, In a manner designed to encourage quick establishment and healthy growth. 6. Add anew Section 31-6(7)d. (Functional Requirements): Topsoil that Is removed during construction shall be stored onsite and conserved for liter use in required planting areas. 7• Insert after the second sentence of the first paragraph in Section 31.6(2)b. (Limits of Clearing and trading, Land Requirements Section): In evaluating the Limits of0caring and Grading, the Development Revia Commitlee shall ~ determine the reasonable construction design principles, practices and instillation technique have been employed to minimize areas subjected to disturbance a. Add a new Section 31.9(2) (Administration, Review and Pemtining Section): (2) AlternalM Compliance a. If the planed property is over two acres in size, the applicant may request permission to crtale an "artificial lot" to satisfy the requirements of this chaplet. An artificial lot Is intended to provide sdminlstrative relief for large silts that will achieve planting arcs that exceed substantially mort than 20% of gross planed lot area finer development Is completed. The Director shall approve the creation of i an utificlal lot only if the spirit and Intent or this chapter will not be violated. 1f a roved by the Director, artificial lot tines ihall be Indicated on the proposed Landscape Plan and shall contain, at minimum, the total amount of impervious surface coverage, gW 20% of the area Inside the artificial lot reserved for requlrtd planting area, b. The area within the artinciad lot lines shall provide trees and landscaping in corrtptlance with the requirements of this section, and troy not extend beyond the property boundaries of s single planed lot, h c The area outside the artificial lot shall be mtintalned it planting are with live vegetation determined by the applicant. No trees located outside the artificial lot Imes maybe used for tree credits. ' d, The artificial lot lines shall Include tress that, in the Director's opinion, tae highly visible from public rights-or-way or are necessary to accomplish bufrering of idjscent properties, 9, Wool%a Date The than ordinance is intended to apply at either the planing sage of al the building permit stage, or both. Properties curtently engaged in the development review proceu may have been designed to eomtly with existing landscape tegulvtions. The effective date of the draft ordinance should be delayed until May 1 ,1998, to { allow current projects to complete their teview processes • ESTIMATED SCHEDULE OF PROJECT ~ • ~ J~4 A City Council Work Session has held to review the draft ordinance on February 10',1998, A public hearing was held on February 17'",1995. Pending Council Instructions at the February 24th, 1998 Work Session, staff Is prepared to schedule a second City Council public hearing for the next Available i C \My Dmunirmu'Landwips thdlnanci Agenda Into Sht WWI dx figs 2 cling i h 32 x i ❑ i 1 dry r Q meeting date on March 3rd, 1998, If approved on March 3'd, the effective date of the ordinance would ' be March 17~ 1998. PIt R ACTIO /Rl~ EVIEW A public meeting was held to discuss potential revisions to the current landscape ordinance on December 11'% 1997, A summary of meeting commenu was included In one of the two packets of revio:w materials recently delivered to City Council raembers and P&Z Commissioners. The City Planning and Zoning Commission conducted a Work Session on this item on January 14d', 1998, and held a public hearing on January 28°',1998, The P&Z recommended approval of the basic formal of the ordinance by a vote of S - 2, with several Issues forwarded for Council review, FISCAL INFORMATION The draft ordinance will affect all unplatted and undeveloped land located within the City of Denton, and will Impose plan preparation, plan review, and tree and landscape Installation costs as part of project development costs. City-owned property VA also be subject to the ordinance as proposed. Ordinance administration and enforcement costs will No bome by existing personnel, and will impact the operations of the Development Review Commit°ee (DRC) and Inspections and Code Enforcement staff members, The Engineering Department has indicated that city subdivision regulatlons and drainage manuals will require modification if the clearing and grading requirements contained In the draft ordinance are adopted. Clearing and grading requirements maybe extended to the extraterritorial jurisdiction (ETJ) In the future, but should be severed from the Landscape Ordinance and added to the Subdivision Regulations after proper analysis of impact if such an extension is Implemented. EXHIBITS A copy of the Draft Interim Landscape Ordinance is attached, with proposed revisions listed in this report highlighted. A table Is also attached, showing the approximate relationship of different cities' landscape ordinances to a "10110", "IVIV or "20/20" rule, Additional cities' regulations will be examined and added to a revised table that will be available at the Work Session, Other Information and graphics will also prepared and presented in response to the most recent Council Information requests, If any Council member needs cople,, of the review materials submitted previously, please contact the Planning and Development Department office, i Respectfully Submitted; avid M, IIs1l ~ • • Director of Planning and Development i C;',My Dkku8iMl11{ IAMocipf Ordip.od Ajewis Im b aM UM" dae ho I OU1b91 I I ?5 K 32 x [J N I 0 1 "e"^71`+LyT,M L ORDINANCE NO, j AN ORDINANCE Of THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 31 "LANDSCAPING, SCREENING AND TREE PRESERVATION" CODE OF ORDINANCES OF THE CITY OF DENTON BY REPEALING CHAPTER 31 AND ADOPTING A NEW CHAPTER 31 "LANDSCAPE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR MANDATORY TREE REQUIREMENT PER ACRE OF DEVELOPMENT; PROVIDING A MANDATORY MINIMUM PLANTING AREA FOR ALL DEVELOPMENT; PROVIDING FOR LIMITS OF CLEARING AND GRADING FOR f DEVELOPMENTS; ESTABLISHING TREE CREDITS FOR THE PRESERVATION OF TREES; ESTABLISHING REQUIREMENTS FOR SCREENING AND LANDSCAPING REGARDING PARKING LOTS, OUTDOOR STORAGE AREAS AND BUFFERYARDS; PROVIDING FOR THE ADMINISTRATION OF TREE INVENTORY PLANS, LANDSCAPE PLANS AND PLOT PLANS AND FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR THE ADOPTION OF FEES TO ADMINISTER AND ENFORCE ORDINACE; PROVIDING A CIVIL PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; ESTABLISHING A SELECTED SPECIES LIST; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500M FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Denton, Texas has determined that the continued growth of the City of Denton Is straining the ecological and esthetic environments of the City of Denton; and WHEREAS, the Ciy Council for the City of Donlon, Texas that growth, clear cutting, mass grading, and the Increase of impervious surface land coverage continues to diminish the fores% treat and natural conditions of the City of Denton; and WHEREAS, the City Council finds that It Is in the public Interest to Insure that new developments In the City of Denton will help prassrvatlon, protection and enhancement of She ecological and esthetic environments of the City; and WHEREAS, " City Council finds that the currant landscaping, screening and Use preservation ordinance codified In chapter 31 of the Code of Ordinances, City of Donlon does not presently most the needs and demands of the City and that chapter 31 of the Coda of Ordinances Mould therefore be t repealed; and , r♦ WHEREAS, the City Council recognizes that the establishment of new rules end regulations for mandatory use requirements, mendelory planting areas In developments, Ilmits of grading, landscaping, and Ires preservetion Is necessary and In the interest of the public welfare, and that on effectlvs method to provide for the tame Is the adoption C48 Maw landscape ordinance rules and regulations end state low; and i , WHEREAS, the City Council has conducted a public hearing on the proposed regulations contained herein; NOW THEREFORE, c 2z n l.J 32X( • 1 • O 'x15lHni8e e I THE COUNCIL OF THE CITY OF DENTON. TEXAS HERESY ORDAINS: SECTION t. That the "Landscaping, screening and Tree Preservation " Chapter 311 of the Code of the City of Denton, Texas, be end the some is hereby amended by the repeal of Chapter 31 of the Code of the City of Denton, Texas: and ` SECTION . That of the Code of the City of Denton, Taxes, be and the same is hereby amended by the adoption of a now Chapter 31 of the Code of the City of Denton, Texas, entitled 'Landscape so that hereafter said chapter shall be and read as foflows: ARTICLE I. IN GENERAL Sec.31.1 Sborl title. This chapter shall be known and may be cited as the Denton Landscape Code Sec. 31•S • Statement of Purpose. The Intent of this article Is to promote the Immediate and long-term public health, safety, economic stability and general welfare by establishing and managing the City's urban tree canopy coverage. This article Is intended to promote the following general purposes (1) Preservation, protection, and enhancement of the ecological and aesthetic attributes of the City. (2) Ecological stabdizatlon through urban forest management that contributes to the processes of air purification, oxygen regeneration, g+ound water recharge, storm water runoff retardation. and promotes energy efficiency and water conservation, thereby abating noise, heat and glare. (3) Protection, preservation and advancement of the urban forest's appearance, character and value that includes all properties within the community, and that contributes to a strong sense of neighborhood, community, and quality of life. (4) Protection and preservation of native and specimen vegetative species, their ecosystems and natural habitats and preventing damage to and unnecessary removal of vegetation during the land development and construction processes. (5) Acknowledgement that trees and landscaping add value to property, protect public and private investment to the general benefit of the City and Its residents. r (9) More speafieelly, this article is Intended to: a. Protect water resources, flood plains, environmental quality, and the nalurat and man-made physical and visual quality of the City. b. Mitigate the effects of Impervious surfers land coverage by structures and paving that lend to Increase ambient air temperature and generate greater water runoff causing eroslon, flooding, and water pollution. e c. Prevent clear-cutting and mess grading of land by encouraging the use of natural terrain for building sites, and by providing duster development ktcentlves. d. Promote native plant spades preservation and replenishment, and encourage the use of drought toterent and low water usage vegetation. ~f, 32xid . 0 I~ e , I e. Provide Incentives for tree preservation. f Protect and provide wildlife habitats. g. Require landscaping and screening to promote land use compatibility and improved aesthetic quality. h. Promote soil conservation by minimizing natural terrain disturbances, thereby reducing sedimentation, and air and surface water pollution. See. 31-3 Definitions. Clearing: An intentional act to cut down, remove all or a substantial part of, or damage a tree or I other vegetation that will cause the tree or other vegetation to decline andlor die. Clearing Is defined to include, but not be limited to, chemical, physical, compaction, or grading damage, Clear-cutting Is i a clearing activity conducted over an entire lot. Critical Root Zone: A circular region measured outward from a tree trunk representing the essential area pf the roots that must be maintained or protected for the tree's survival, A tree's critical root zone Is measured as one root of radial distance outward from the trunk for every Inch of tree DBH, and may be no less than a radius of eight (8) feet. DBN: Diameter-st-breast-height (DBH) is the tree trunk diameter measured In inches at a height of 4.6 feet above ground level. If a tree splits into multiple trunks below the 4% feet level, DBH will be defined as the sum of each Individual trunk measured at 4Y, feet above ground level, or the single trunk at its most narrow dimension, whichever Is greater. Dlrecfor: The City of 0enton Director of Planning and Development, or the Director's designee. I Orfpllne: The area beneath the canopy of a tree defined by a vertical line extending from the outermost edges of the tree branches to the ground. Eroslon: The detachment end movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, or gravity , Grading: The meohanlcal or physical act of disturbing, moving, removing, transferring, of redistributing soil or earthen surfaces. Gross Lot Area: An tea under public or private property ownership, whose lot lines are described by plat or deed. Ground Cover: Low growing plants, vines, or grasses that form dense, extensive growth, and have a positive effect against soil erosion and soil moisture toss. lmpervfour Surface: A surface that has been compacted or covered with a layer of material so that K is highly resistant to Infiltration by water. Llmlls of Clearing and Grading: The boundaries of that area of land Identified In a landscape plan to be subject to toll disturbance or cleared of trees and other vegetation In conjunction wKh a proposed development or land use, i ` Live Plant Motorists: "Live" plant material, Including grasses, annuals, perennials, bulbs, p • groundcovef, shrubs, and trees are botanical plants Ihat are nourished through the processes of ak, ` -Ilwater, and soli nutrients. Plant materials such as, plastic, fibrous, efik or other non-gve materiels are not coneidered'live' plant materials. ,i 3 10 r s . I 0 Mohirch Trw: A tree of at Isast 421nchee (n diAni(,ter breastlj fbht @ta(haa b6en detirirlg6d'to bs of unbsuatty slgnific8nt Qua bilcA6" of Na `Epe . eps, form; h sigrlCal,etpr lfc6fi&e"'&;dlh6r iinigttrs characteristics. Outdoor Storage Area., Any area that contains trash collection areas or dumpster refuse containers; outdoor loading and unloading spaces; docks or outdoor shipping and receiving areas; outdoor storage of bulk materials and for parts; or areas regularly used for outdoor repair, outdoor storage areas of service stations, motor vehicle dealers, or Inspection stations. Temporary construction and related activities are excluded from this definition. Permanent Tree Protection Devices. Structural measures, such as retaining walls or aeration devices, that are designed to protect the tree and Its root systems throughout Its lWime. Planting Area. An outdoor area, the surface of which may not be covered by Impervious surface E materials such as asphalt or concrete, nor by structures, and devoted entirely to the planting or f construction and maintenance of trees, shrubs, groundcovers, fences, walls, and/or earthen berms. Temporary Tree Protection Devices: Physical barriers, at least four (4) feet In tieight, Installed prior to construction for the purpose of preventing damage to trees. Such devices Include snow fencing, II chain link fence, barbed wire fence, vinyl construction fencing of other similar temporary barrier, may be no less than four feet In helghl, and non-Intrusive to the tree critical root zone. Tree Topping: The severe cutting back of limbs to stubs larger than three Inches In diameter within the tree's crown to such a degree that removal of the top canopy disfigures and Invites probable disease to the tree. Vegetation. All plant life; however, for purposes of this chapter shall be reslyded to mean trees, shrubs, ground cover, and vines with the exception of state and federally protected or endangered vegetative species which In all cases shall be preserved. Vehicufar Surface Area. Any outdoor off-street ores used to store or drive motor vehicles that does not contain defined off-street parking spaces. Paved areas used for drive-through windows, parking lot access lanes, or gas station pump lanes are considered to be vehicular surface areas. See. 314 Applicability, All property located within the city limits of the City of Denton is subject to the provisions of this article, Clearing and grading permits shall be required for all property prior to the commencement of clearing and grading activity. Complete and accepted tree Inventory plans shall be required prior to preliminary plat approval. Approved landscape plans, which may also demonstrate satisfactory clearing and grading requirements shall be required prior to final plat approval. Approved plot plans shall be required prior to Issuance of building permits, and Inspected for compliance prior to final Inspection and/or Issuance of the certificate of occupancy. The requirements of this chapter will cease to be In effect upon the satisfactory completion of the final Inspection for single-family and dupifix residential dwellings. For any other land uses, previously platted lots shall be subject to the provisions of this chapter when one of" following occurs! (1) RennWerng or redevelopment Is proposed that would expand existing gross floor area of the • lot's structure or structures by twenty-five (25) percent or more; or (2! Parking lot(s) or vehicular surface ares(s) Improvements are proposed, which would result In an Impervious surface expansion of twenty-five (25) percent or greater, or would result In / impervious surface reconstruction amounting to twenty-five (25) percent or greater, 1 321 n. i ,xatrws O e,~sr See. 31-5 Exclusions. Property being actively used for agricultural, ranching, or livestock production and serves as the source of primary income for the ownerllessee Is exempt from the provisions of this article. A clearing r and grading permit must be submitted, without charge to the applicant, to serve as declaration of exemption from this article. Property IdenUfled in the permit is excluded from any other land uses, other than those defined In this section, for a period of no less than 5 years from the date of Issuance of the clearing and grading permit. ARTICLE II, TREE AND LAND PROVISIONS Er See. 31.6 General Provisions. ~i (1) Tres Requirements f , a. Trees: All property shall provide trees at a ratio of twenty (20) trees per eas (43,560 square feet), or one (1) tree per 2,178 square feet of gross lot area. b. All trees planted to satisfy the tree standards must be a minimum of three (3) Inches In diameter at breast height (DBH), c. Al trees planted to meet the requirements of this section must be listed on the Selected Species List. No trees with a maximum mature height of twenty-five (25) feet or greater may be planted within twenty-rive (25) feet, measured horizontally, from the nearest overhead utility line d. Species Diversity: The following Species Diversity Requirements shalt eppiy+'lo alt Undsdlipe Plans, but shall not be used to limit eligWity for free credits: r Number of Required Maximum Percentage 5lte Trees pjgpy One Species 10.19 50% 20.39 35% 40.59 26% 80+ 1596 , (2) Land Requirements e. Plantino Area: All property shall reserve as planting area a minimum of twenty (20) percent of gross lot area. It. Limits of Cleadno and Grading: The limits of clearing and grading shall be designated on the approved landscape plan prior to commencement of any construction scUvlty. The limits of clearing and grading shall designate the outermost edge of the area within which the existing topography Is to be altered by cutting, filling, and vegetation removal. In a1Jatlfi IN Unfits of Clearing and Grading, the Development Review Committee shah dill larjn ile {Bail, 11841 to • construction design principles, practices, and installatlon'tecMl vbbget~` x115 46 minimlzs areas subjected to disturbance. The extent of land disturbance than be minimized, and shall accommodate only the following activities: j 1, Street construction and necessary tope construction, However, such clearing shell meet I the criteria of the City. 2. Pub% service or utility easements and rlghts-of-way. This shall Include areas for utility • line Installation with any temporary construction easements necessary for such 0 • Installation and easement for maintenance access. These easements shall not be se, cleared prior to actual line Installation. Temporary construction easements shall be located to minimize loll disturbance and tree removal, 3. Building roof coverage area and ancillary structures, such as covered paths and porches, plus up to 10 feet on all tides for construction activity. S 1 ~rtf! r:' F w t.' 32 x ❑ NIS, 0 0 I 4. Driveways, alleys, walkways, parking lots, and other land ores necessary to the j Installation of the proposed development or use. Other necessary land area may include area for tennis courts, swimming polls, and related structures and uses. 5. Area for septic field as required by the Utility Department. This shall not include area necessary for reserve lines until such time as the reserve lines must be Installed. ' 6. Sediment basins. Only the area necessary for the construction of the dam, the area In which sediment will collect, and the area necessary for construction and maintenance of the basin shall be cleared of vegetation. Configuration of the basin shall use natural terrain as much as possible to minimize vegetation removal. Any vegetation that dies as a result of the deposit of sediment andlor debris shall be removed by the property owner, 7. Detention ponds. Onty the area necessary for the construction of the dam and the area necessary for construction and maintenance of the pond shall be cleared of vegetation. Configuration of the pond shall use natural terrain as much as possible to minimize vegetation removal, Any vegetation that dies as a result of the deposition of sediment and/or debris shall be removed by the property owner. 8. Other types of construction, or land activity associated with construction, not listed In Items 1 through 7 (above), that are necessary for the reasonable completion of the project. (3) Street Tress (reserved section) Pendtnq Comprehensive Plan completion; this section serves as no0catlori that the CRYof Donlon Intends to implement street free requirements In the near tours,+ City rlphis4-way shell be used to Install street Imes; street trees may be used to demonstrate c moftence Wo the 20 trees per acre standard (Section 3! fi(f)e), but adjacent Cky'rtphfs-0f way they not tie' used as credit toward the 20% planting area requirement (Section 3f*2)a). (4) Tres Credits a. Preservation of existing trees may be used to receive credit toward meeting the Tree Standard of 20 trees per acre, it the trees are healthy and without substantial damage or defect. Tree credits shall be earned In the following Increments: DSH of ExlstinaTree Tree Credits 5 to 12 inches 1.0 III 12+ to 24 Inches 1.5 24+ to 36 inches 2.0 38+ Inches 2.5 b. Tree credits Frey not be earned for preservation of existing trees located on land required to be dedicated for public right-0f-way or easement purposes, unless the property owner can demonstrate the ability to pro'.ect the credited trees by way or restrictive covenant or other i' legal Instrument considered sr,lisfaclory by the City Attorney. A c. Tree Credit Protection Mersures: Tree credits will not be permitted unless temporary tree protection devices are Installed at least to the limit of the critical root zone or the dripline, whichever Is greater, during cons6 uction activity. The following activities shall be prohibited within the limits of the critical root zone or dripline of any tree being preserved for credit: 1. Physical Demage: Any physlcet damage to a tree preserved for credit that Is considered to place the survival of the Lee In doubt shall be eliminated as a credited tree. Tree topping Is prohibited for trees preserved for credit. 2. Equipment Cleaning end Liquid Disposal: No equipment shall be cleaned or other liquids . rl deposited or slowed to Bow overland within the limits of the critical root zone of a 7ylA protected or monarch tree. This Includes paint, oil, solvents, asphalt, comets, mortar, tar or similar materials. 6 7*MX Al! I I s 3. Grade Changes: No grade changes (cut or 1161) shatl be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Director of Planning and Development. 4. Impervious Paving: No paving with asphalt, concrete or other Impervious materials In a manner which may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree, unless otherwise specified within this article. 5. Material Storage: No materials Intended for use In construction or waste materials accumulated due to excavation of demolition shall be placed within the limits of the critical root zone of any protected tries. 6. Tree Attachments; No signs, wires or other attachments, other than those of a protective nature shall be attached to any protected or monarch tree. 7, Vehicular Traffic, No vehicular and/or conslnictlon equipment trafec, parking, or storage shsll take place within the limits of the critical root zone of any protected tree other then on existing street pavement. This restrictlon does not apply to single Incident access within v,* critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular access necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations, e: Mwufth,Tre6s Monarch Tree nominations wit to pri 'tired by the 151: larsdscapb_, Plan reGteW'o~ after the evaNat on'of noin)nat,or proposals subfh to Dtreotor ; Only tin o spades Identlfidd in the Seiected Spec. ' l kt ( 3 t 3}, eliglbte roF I ondfcfl Traa as nomination; The ownei of Ih ropb,y wherea tt~ I applocated tnay esnf(r~i designation ic vrri9ng . k1: pP eal the f~a IOn to fbe City Planning and Zonf, isbn, +4h ~ dnecfsid 6 ode llport deaigifatton, rem Jsl of M Ire _ mess " rmih $:e Otrectof fc('feesoris of disease "'de"' (5) Residential subdivisions a. Reskfenlial subdivisions may demonstrate compriance with the 20 trees per Sete Tree Standard by calculating the average number of trees per acre for the area contained within the entire subdivision. b. If a residential subdMslon achieves an average o(30 or more trees per acre by reserving open space to be dedicated to the Cny, Including land required by the City's park . a dedication ordinance, or to be malr tained by a homeowners' association, minimum lot s' n may be roduced by ten (10) percent In order to realize the maximum density allowed Nlahin the zoning district. (6) Public Property a. Ail lands owned as Individual lots by governmental entities are subject to the provisions of this article to the extent allowed by law. The City of Denton appreciates the participation of federal, state, county, and other jurisdictions In the management of the Gibs tree • cover. 0 b. Constructlon Projects located within Public Rights4•yyay and Easements: The area defined by project Omit fines will be used to determine tree standard compliance. Trees Vi removed must be replaced on the some basis used to catcutate tree cried OW H 7 0 32X10 s o I :gym i replacement trees cannot be planted within the project area, they must be planted within areas designated by the Director and consistent with city open space plans. l (7) functional Requirements a. View Obstructions: At landscaping, trees and screening devices required by this article shall be constructed, installed and maintained so as not to obstruct the view of motorists between the street and the access drives and parking aisles near the street yard entries and exits, nor shall any landscaping which creates an obstruction or view be located In the radius of any curb return. b. Traffic Barriers: AM planting areas, Including critical root zones around trees and those i used for parking lot screening and interior landscaping areas, which abut any parking lot or vehicular area shall be protected with curbs, parking blocks or similar barriers sufficient to protect vegetation from vehicular Intrusion. Plant and Planting Quality Conformance: An plant materials, including replacement trees, shall be specified and planted with plants using the standards of the most recently published version of the American Standards fa Nursery Stock, by the American Association of Nurserymen. All plants shall be clearly tagged byy the providing nursery for easy Inspection with the Botanical Name All landapapino a iNd (nstis a ae86701r~ Co sound hcrVduI@rsl practieea,'"1n s'nianne `deslgned to'eTlr~ r--'46firlsf>i and healthy or". d sein raqU tha lred emoVedadurin rea! wristructlort shall be stored orialta and conserved for leitor u ARTICLE Ill. LANDSCAPE REQUIREMENTS Set. 31-7 PAPIKENG LOT LANDSCAPING. (1) Parking Lot Screening and Landscaping a Perimeter Screening; Any parking lot or portion thereof that Is visible from the public right of way and contains 10 parking spaces or more shall provide perlmeter screening. The perimeter of each parking lot, excluding driveways, which fronts upon or Is adjacent to a public street other than a public alley shall be provided with shrub screening with a minimum mature height of thirty-six (36) Inches and installation helght of eighteen (18) 1 Inches or greater, and spaced no more than twenty-four (24) Inches apart, edge to edge. r The use of berms and planter walls will be allowed to contribute to instanallon and mature height requirements. The slope of any earthen berm shall not exceed one fool of height for each three feet in width. b. Interior Lsndscaoina: Any parking lot or portion Uiereof which Is constructed and contains forty (40) parking spaces or more shall provide permanently landscaped areas consisting of islands, peninsulas, medians or adjacent planting areas. One canopy tree shall be provided for every fifteen (IS) perking spaces, and one shrub will be required for every five (S) parking spaces. At least fifty (50) square feel of planting area shall be provided for each required tree, and no parking space shall be located more than fifty (50) feet from the trunk of a tree. All Interior landscaped areas shall be covered by trees, 0 ! shrubs, or ground cover. c. Compliance with tree and and requlrement: The trees or planting areas used to comply C with the parking lot screening end landscaping requirements contalned In this section f4 1. 0 32X In 0 n If ~ l I I may also be used to demonstrate compliance with the 20 trees per acre standard and the i 20 percent planting area lot requirements contalned In this chapter. d, Distribution of landscaped areasi The required landscaped areas for paAN lots shall be more or less evenly distributed throughout the parking lot, although adjustments may be approved by the department, where the shape or size of the parking lot, the location of existing trees or other natural constraints reasonably prevent such distribution. j e. Vehicular Surface Areas: Vehicular surface areas (VSA) must comply with the requirements of this section. Perimeter screening is required as Indicated In Section 31• 7(a)1. Interim landscaping requirements shall be met by providing one tree per 4,500 square feet of VSA, and one shrub per 1,500 square feet of VSA. Tree canopy cover shall be evenly distributed throughout the VSA (2) Outdoor Storage Area Screening a. Any outdoor storage area, or portion thereof, must be screened from public rlghts-of-way using live evergreen meaning plants, six (8) feet In height at installation, spaced no more then eighteen (18) Inches apart, edge to edge. b. A fence or wall may also be used for outdoor storage area screening, provided it Is at least six (8) feet tall, opaque, and of masonry, stone, or wooden material, or of the same material as that of the principal building. Dumpster enclosure openings may not face public rights-of-way unless they are gated. (3) Bufferyards a. Bufreryards shall be required under the following conditions: 1. Multifamily uses shall buffer when adjacent to single family or attached housing uses. 2. Commercial uses shall buffer when adjacent to single-family, attached housing, multl-family , and lesser commercial uses. 1 Industrial uses shall buffer when adjacent to any use, including lesser Industrial uses, b. Where City code requires the Installation of a twfferyard between residential and nonresidential land uses, plant materials or fencing may be used to provide the required buffer within the ten (10) feet wide required yard as described in Sections 31.7(1) and 31- 7(2). See. 31.1 MaInOnince (1) MaintananceRsqulraments a. The property owner or hislher agent shall be responsible for the maintenance, repair and replacement of all preserved vegetation and landscaping plants and materials as may be required by the provisions of this article, Once the final inspection has been completed for a single-family or duplex residential dwelling, the requirements of this article no longer apply. b. All plant material and planting areas shall be tended end maintained In a healthy growing • condition, replaced when necessary and kept free of refuse and debris. • b. Fences, wens, gates and any other outdoor structures shall be maintained In good repair. Openings within the barriers may be required by the Director for accessibility to an area for necessary public maintenance. 9 ?5 K 10 32x10 s 0 (2) Irrigation Requirements (reserved section) ARTICLE IV. AD14IN1STRATION REVIEW AND PER-NIITUNG See, 31-9 Administration, Review and Permitting. (t) Plan Submissions a. Tree Inventory Plan After the effective date of this ordinance, no preliminary plat may be approved without the submission and soceptence of a tree Inventory plan. The tree Inventory plan shall delineate site trees by type, size and species. An Inventory map shall delineate tree cover by identifying all stands of trees with similar characteristics, such as specie, and defined as areas which include the outer perimeter of the dripiine of Individual trees. Notation shall be included indicating the range of helghl and DBH of trees wKhIn the areas, the predominant species witnin the areas, and the general appearance of the trees with regard to health. b. Landscape Plan The owner of any property to which this article applies shall submit a landscape plan In the form and manner specified by the Planning and Development Department before the approval of the final plat. This plan can be combined with the Iree inventory plan. The landscape plan shall contain sufficient detail, as specified by the department, to show the following: 1. The location of ell existing or proposed subdivision Improvements, buildings and Impervious surfaces; residential subdivision landscape plans may substitute limits of clearing and grading designations for individual lots Instead of detailed building location and impervious surface Information unlll the time that a plot plan Is required; 2, The limits of clearing and grading proposed for the project; 3. The location, size, species, and health of all existing trees Intended to be used for treat credit purposes, Including free credit calculations and the methods proposed to comply with preservation requirements; 4, The location, size, and species of all new trees required to meet the Tree Standard of 20 tre)s per acre, Including the calculations that show how exiting and now trees will comply with the ordinance; 5. When the perimeter and/or Internal landscaping requirements for parking lots apply, the size and location of the parking lot(s), the number and striping of parking speca-s, the 1 calculations that show how many trees and shrubs are required, the location of required plantings and planting areas, the illustration of tree canopies as Wool wide radius circles; B. When the properly Is required to provide screening for outdoor storage areas, the • location and specification of screening materials; 7. When the property is required to provide bufferyards, the location and specification of bufferyard materials; 8. Such other Information, as specified by the department, as may be reasonably necessary to administer and enforce the provisions of this article, Review and Approval of the Landscape Plan. The Planning and Development Department shall determine the completeness of the submitted Landscape Plan within two (2) working days. The plan will be referred to the development review committee for Its review and approval, The committee shall return the 1 plan to the department noting thereon Its approval or disapproval. If disapproved, the l committee shall specify the reasons why the plan does not comply with the provisions of this / article. 10 'i f c aaaaoaa 0 o, Plot plan Before the approval of any building permit application a plot plan must be submitted. A plot plan for residential, multi-family, commercial or industrial use must be consistent with the Landscape Plan and it must show the limits of grading and clearance for bonding construction and lmpervlous surface Installation. It shalt also Indieste specific lot drainage patterns, the location of any trees preserved for credit on the approved landscape plan, trees to be removed, protection measures for preserved trees, and new trees to be planted. For projects with detailed site, landscape, and construction documents, the plot plan requirement may be walved where an Information has been previously provided. {3)' Alfrnatlva Compliancs for Large Sites a. N the palled property to 04 4 W scree h at66 a licant 1T Y 4 it b create tfh'`aecial for to aa% thfregiilr6fi,>;n outs Ate intended Dpi Wde adminfstraM 411ef fob lirgb d~ thtiIat l7itra "'afi!!"Qj` I ore Iha'0,`of ps " am exceed sUbatardlaly m corriptele6 .Tits Director ~ ppove N ~ - Intent of Cate a4pter will ndf~ 4loleted ilf shah be fijldical`ed on the p Landse to frl; a total ambt tofImpervious~t'Average; 2ff - ihr . 'f3sr S 8 reserved?or required ptantN area} b. The area wlthid the artificial W (lines shall koylde treed arld I ii ing ln, cb8lpj_l r with the requirements of {file section, and tre~Iitiol exteriC be lh+}~Ncir bwridarle3 of i shipla platted lot.. c. The area cutsidd the artili bfshall be rhalrllalned as plan ng tira0 MOM, determindd by1hi appi ciriC No Ines located autifitd:lhi ar ACfe[~ot for tree dredits: d. The "tidal tot lines shall Include areas that, lithe DOclor's♦ IN& Q~hiph 1b, 4 lron public rights-of-way or are necessary to'EICCOmpliah See, 31.10 Enforcement, Penalties, and Fees M BondlCesh Deoosll: In lieu of installation of the landscape materials prior to occupancy, the applicant may post a bond acceptable to the City, conditloned upon satisfactory Installation of the landscaping proposed in the landscape plan. 1 i2j Penalt~e aThany person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500,10. Each day that a provlslon of this ordinance Is violated . shall constitute a separate and distinct offense. See, 71.11 Cis I] Remedies 11) Nothing In this chapter shall be construed as s waiver of the City's right to bring a civil action to enforce the provisions of this chapter and to seek remedies as allowed by low, including but not limited to the following! a. Injunctive relief to prevent specific conduct that violates the ordinance ce to require specific conduct that Is necessary for comp0ance with the ordinance, b. A civil penalty up to $1,000.00 a day when It Is drown that the defendant was actually m0ad of the provisions of the ordinance and eRer receMing notice l1 i I 2 5 I ~0 32 x~L7 ' o i convnided sets in violation of the ordinance or failed to take action necessary for compliance with the ordinance. sec, 31.11 Appeals Unless oftrwise provided, an action by the Colt In determiniq compliance with the temps of this article refers to a determinel'ion by the Planning d Development Department or the Development Review Obmmiltee (DRC). The Developeriowner of land subjed to the requirements of this chapter may appeal any determination by the Planning & Development Department or the Development Review Committee War this chapter to the City Council for a final decision. The appeal shall be In writing and shall be filed with the Planning and Zoning Commission, which shall make its recom mendetion to the City Council. The City Council win not review the appeal of any determination by the Plennlno & Development Department or the Devatopmont Review Committee without first obtaining the recommendation of the Planning and Zoning Commiselon. No plot or permit shall be approved by the Planning and Zoning Commission which varies the terms of this chapter or which does not comply with the Planning & Development Department or Development Review Committee's determination without final resolution of the appeal by the City Council. S".31-1i Fees The City Council may adopt a fee or fees, In the amount to be established by ordinance, to adminlster and enforce the provisions of this Chapter. Sec. 31.14 Cootllctln`Ordlesaen All ordinances or parts of ordinances his force when the provisions of this ordinance bsoome effective which we kiconsistenl or In conflict with the terms or provisions contained In this. ordinance are hereby repealed to the extent of th e conflict. i 11 - 25) d 32xi❑ I~ s a: s~xa Sec. 31.15 Selected Species List Large and Medium Trees Height & Existing Street r Common Name Botanical Name Native Width Tree Tree credit Caddo Maple Acer barbatum 'Caddo' 60' x 40' ♦ M N tooth Maple Acer andidentatum ♦ 50' x 30' 4 M Primazy_ Buckeye Aesculus srguts 30' x 20' • Mnamwood Bumelis lanu iaosa 40' x 30' Pecan C" iltinocensis ♦ 80' x 60' ♦ Black Hickory C texana 60' x 50' Deodar Cedar Cedrus deodara 40' x 30' American Smoketree Codnus obovatus 30' x 20' Leyland Cypress Cu ressoc aria Ie landd 40' x 15' ♦ M Prima Arizona ress Cu ressus arizonics 35' x 20', ♦ Texas Persimmon Dios s texana 30'% 20' ht Common Persimmon Dios ma vie wand 30'x 30' White Ash Fraxinus americana ♦ 60' x 50' Texas Ash Fraxinus texemis ♦ 50' x 40' Thornless iioneylocust Gleditsia triancanthos inermis 80'%60' Primary- Nogolito Ju laps microca a ♦ 30' x 20' Black Walnut Ju lans ni ra 80' x 60' Red Cedar Juni rus vie imams ♦ 40' x 10' ♦ Canaert Juni r Juni ms vu iniana'Canaeeiit' 30' it 20' Sweet Gum Li uldamber s aciflors cultivars) ♦ 60' x 40' Primsry Osa a Oran c Msclura omifera'Park' 50' x 40' Fmitless While Mulberry Morus slba'Fruidess' 35' x 40' Texas Mulberry Morus rubs 40' x 40' Black Gum N sa s lvatics ♦ 50' x 25' Af han Pine Pinus eidarics 40' x 20' Austrian Pine Pinus Nigra 40' x 25' Chinese PW&che Pis tachis chinesis 40' x 30' Accent London Plant Tree Platanus acerifolis 50' x 35' Prima sycamore Platanus occidentatis (cultivars) 70' x 60' Cottonwood _ Pooulus deitoldes (euMvan) 80' x 40' .l Flowering Pear P etas calle ana'Aristocnt' 30'%20' Accent Sasvdooth Oak ercus Iccutbirna 60' x 50' { Escarpment Live Oak uercus fusirormis ♦ 40' x 40' Prima Lace Oak Querrus gtsueaides ♦ 50' x 45' Bur Oak Quercusmaeroc a ♦ 60'x40' chinquapin Oak ~ucrcu! muehlenbergii ♦ 60' x 40' primary Water Oak ercus ni n 4 50' x 40' Willow Oak ercus hellos 60,130, Primary Shumard Oak ercus shumardii ♦ 70' x 50' Prow Post Oak ercus Stellata ♦ 60' x 45' ♦ M 1 Texas Red Oak Q'icrcus te%sm, a 30' x 30' jf Colstal Live Oak crcus vie iniana cultivars ♦ 50' x 50' Wee in Willow Sahx bah Ionica 40' x 30' 13 r~fySv~Twils; F a C) ~ 3 L l~ ~ 1,+ f b 0 4 ' Western Soapberry Sa indus u onaris v. "Drurmmodii" 4 30' x 20' 4 said cypress Taxodiumelistichum 60' x 30' Little-leaf Linden Tilia cordats 60'x40* Primary Winged Elm Ulmus alata ♦ 35' x 40' Prima American Elm Ulms s amedcana ♦ 70' x 70' Cedar Elm Ulmu t cressifolia ♦ 50' x 40' priffiary Laces cbark Elm Ulmus amrolia 50' x 35' Slippery Elm Ulmus rubra 4 70' x 60' Note Tree credit Is timlted to those specle Indicated In the E=Isthig Tree Credit column. (M) indicates the only species which ve eligible for Monarch Tree designation.. Accent / Small Trees and Large Shrubs Common Name Botanical Name Native Height & Existing Street H7dth Tree Credit Tree Roemer Aca to Acaca rocmrriana 15' x 15' Wright Acacia Acacia wsi bbl 4 15,115, Japanese staple Acer imatum cultivars) 15' x 10' 4 M Scarlet Buckeye Aesculus Pavia 25' x 20' Texas Madrone Arbutus xalafensts 4 25' x 20' 4 Lemon Bonlcbtush Cdlisiemon eitrlnus 1s' x 15' Weeping Bottlebrush Callistemon viminalis 20' x 15' Nedcaf Hackbe Celtis r6cuiata 4 25' x 25' Little-leaf Palo Verde Cercidium mica hyilum 12' x 1S' Rtdbud Cucis canadensis cultivars) ♦ 25' x 20' Oklahoma Redbud Cercis canadensis texensis'Oklahoma' 4 20' x 13' ♦ b1 Accent Forest Pails Redbud Cerci canadensis'Forest Pansy' 20' x 15' Texas Redbud Cercis canadensis Iexensis 4 25' x 20' Desert Wdlow Chilo sis lincaris 0 20' x 15' Texas Persitmnon Diospyros lexana 4 2S' x 20' Kidne wood E senhardtia i stacks 20' x 12' Fragrant Ash Frixinus cusp idata 4 W X x 10' Nellie R. Stevens Holly ilex a uifolium'Nellie R. Stesvrrs' 20' x 15' Burford Holly Ilex comuts'Burfordi 20't15' 4 Accent Pottumhaw Holly lIex decidua 4 15' x 10' Yau n Holly llex vomitoria cultivars4 Varies 4 M Acceot Wt in Yau n Ilexvomitoria'Naduls' 12'xb' C'!.ti' Foster Holly 02 Ilex x ancnusta'Fosteti' 02 25'x 1S' 4 Accent Ashe Per Juni erus ashei ♦ 25' x 1S' ` Rock Mountain Junr per )ur i rus sco utorum 30' x IS' Ooldemain Tree Koekeuterua piniculats 251%131 Cra Myrtle La entroemis Indies cultivars 15' x 10' 4 M Accent Flow edn Cab. le Malus b bdda cultivars20' x 20' S&,Ihem Wax Myrtle Myrics cedfers 15' % 10' ♦ M .d Tiv Photinia_ Photinia fraseri 20' 15' r,hinese Photinls Photinia serrulate 20' S' laosnese Black Pine Pinus thunber;ii 10,1001 axis Pislache Pistacla chinensis 201% 15' 1i a :t~ e4,iM 32xi El 111"m @Ram%& • O 1 Carolina Mrry Laurel Prunus carolinians 25' x 13' 4 M Accent i Mexican Plum Prunus mexicana 4 25' x 25' Accent Flatwoods Plum Pmnus umbellsta 13' x 10' Carolina Buckthom Rhamnuscaroliniana 4 20' x 13' , Smooth Sumac Rhus tabra 4 15' x 10' Flame-leaf Sumac "us lanceolate 4 20' x 15' 'Ev'es Necklace Tree So bola affrtis 1 20' x IS' 4 Accent Texas Mountain Laurel Sopbora secundiflors 15' x 10'_ _ Accent Mexlcaa Buckeye Un nadia s ecloss 4 20' x 20' 4 Rus blacklaw Viburnum ruftdulum 4 25' x 20' Vitex Vitex a nuscastus 4 IS' x ".0' 4 Note: Tree credit Is limited to those specie Indicated In the Edsting Tree Crea.t column. (M) indicates the only species which are eligible for Monarch Tree designation. 6hrubs Common Name Botanical Nome Net ht & Width Gloss Abefis Abelia randiflora cultivars _ 6' x S' Edward toucher Abelia Abelia randiflora'Edwatd Goucber' S' x 5' Prostrate abeha Abelia randiflors'Prostra!a' 2' x 2' Japanese Acuba Acuba a nica 4' x 4' Pu teleaf Barb" Berberis thunbergd'Atropurpurei 5' x 4' Pvgtny Barberry Berberis thunber il'Ctimson P gray' 2'x 3' h Crimson PyjMy Barberry Berberis thunber li'Ctunson P m ' 2' x 1.5' Japanese Boxwood Buxus micro h lla japonica culevers 10' x 10' Beautybtrry Callica a americans 10' x 6' Bueonbush C halanthus occidentalis a" x 6' Dwarf Flow'erin Quince Chaenomelee a onics'Texas Scarlet' 3' x 3' Flowering ince Chaenomelee Spec lose 7' x 5' Roar hleaf Do wood Comes dmnunondii 6' x S' Pampas Orass Coruderia selloana 10' x 7' Cotoneaster Cotoneaster cuttivars varies Ebbing'a Silverberry Eler. nus x ebben el l0' x S' Ja anew Aralia Fausia a nice 10' x 10' Fors la Fors a x Intermedis 6' x 6' 1 11 ricum H "ricunt he h 3' x 3' Needle mint Noll flex comuts S' X S' Dwarf Burford Holt llex comuts'Burfordi Nana' 7' a 4' Carbsa I[o11 11ex comuta'Caritsa' 4' x S' Dwarf Horned Holly Ilex comuta'Rotunds' 4' x 4' Holly Ilex comuta'Wibsonii' S' x S' fspanese Holly Ilex crenau'Conaacta' 4' x t~'aneee Holly 11ex ctetua'Helleri' 3' x 4' oris 'Naps' 4' x 4' Feu n Holt Ilex vondt filTri Dwarf Pfitrer Juni er Juni eras chinenests "ptituratu Compacts' 21%61 Pfit:er Junl r hmipem chinensis Wwrana' 5' x Io' 0 • Blue Vase Juni r Jurglperue chinensis "Slue Vase' 51K j Shore)unl r Juni rusconferta 2'x4' V )a enese Garden Junl r Juni rue raumbero 1' k 6' pworfCra Myrtle La entrocmia indics eutdvars6' x 4' Prostrate Cra M e La entroemis India cuNvars 311(31 l5 In. 32xi El ,t' e 0 h~+a°:aaa Lantana Lantana cultivarsvaries Texas Sage Leoco h Ilum fruteseens cutdvan varies Variegated Chinese Privet Li ustmm sinense ' Varie ats' 7'x 7' Oisnt Lbio Liflope I antes 3' x 3' t White Honeysuckle Lonicers albiflora 4' x4' Ltatherltsf Mahonis Mahonia bealci 4' x 3' A grits Mahonia fifolists 5'x 2.5' Nandiaa Nandins domestics (culdvars) varies Com act Nand'uis Nandina domestics 'Com acs' S' x 3' Dwarf Nandina Nsndias domestica'Harbour Dwarr 3' x 3' . Dwarf Pomegranate Punica ranatum'Nana' V x 4' Firethom P cantha culdvarsvartn - Fragrant Sumac Rhus aromatica B' x 6' Rosetnaw Rosmarinus offrclulu'Tuscan Blue" 3'%4' Lavender Cotton Santoiina cultivars 2'% 3' Bridalwreath S irea S irea tunifolia 7' x S' Vaahoune 5 irea S irea x vanhouttei 6' x S' Cogalberry Sympboricamm tubiculatus 2'x 2' Wood Fern Thet teris kunthii 2' x 2' CroundcoVef&Teddin Plants' Ce+nmon Name Botsnical Name Cast Iron Plant Aspidistra eWior Horse Herb Calvfltocamus vialm Tru t Creepy Cam p$[$ radicans Della Ore li Da1ea ii s Wintetcree er Euon us fortunes Short Miner Juni rus conferta Cree in Juniper Junl erus hori:ontalis cultivarsJapanese Osfden Juntpet Juni rus rocumbens cultivars Trailing Lantana Lantana montevidensis Lfl rf Liti NItivsrs Mondo Orass hl on a nicus cult ears Vin InlaCreeper Parthenocisius uid uerblia Coral & Symphoriculm orbiculatus Asiatic JasmEne Tracbelospem ur. asisdcum * Periwinkle Vinci tna or & minor Common Name Botanical Name - r Coral Vine Anti gown S to s Cross Vise Bi nonle cs reolgia Tramper Vin C is radieans Cocculus csrolinus l a Carolina Jessamine Oelsen lum semtxrvi vni _ Iv Hedera culdvah Pt* 't J4 4 / 16 K a 32 X I O JIAAXULMW~~ MM s 0 +,e Hill's Honeysuckle Lonicera a nics'Halhons' Lonkera tervirens Panhenocissus trictu idals Viud cbaminli ' l' , . Ore Vine Vids vini refs Ja eseWisteria Wisteria flon'bun& It Wisteria Wisteds sinensts GrpsteuOrnelmenWiGritl'sea.,_ "'R Common Name monleal Name ' t• Big Bluestem Amdr on ervdii Saver Hluestem oothfi moa loccharoides Buffalo Orass Buchloe dac . Ioides Rod Orass Calamoalostis OPP. . Inland Sea Oats Chasmanthium latirolium pimp" Cfrass Cortadeds setloana , Lemon Grass C ba on citratus Su acme Plume rss Erianthus i anteW w'L• Eulalia fisanthuss . Malden Ors is Miscaathua alnemi!'GracillLnus' Zebra Otaes Miscanthus CnenO 'Zebrinus' Variegated la Anse Silver Ones Miscanthus linen!! WATA Ns' Pu le Muhl Muhlenbe is fill s Lindheimer's Muhl Muhlenbergia Udbeimeri. Sec Muhl Muhlenber la revemboal Dwarf Fountain ass Pennisetum a urbides'llamelin' Pu le Fountain rasa Pennisetum setaeeum'Rubrum' 1 Fountain rose Pennisetums Black Bamboo Ph llostach ysni ra Little Hluestem Schizacb umlcoparium i Pereonlal! A,'v 'i;' Common Name oohnlcai Name 1 Acanthus Acanthus mollis j Holt hock Akea fosea LiI •or•the•Nile A a onthus s . Yarrow Achilles !2p,. k Hu leweed A u a spp, Amarsnthus Aminnthus trkolot Hluestor Amsonis s pp, Bugloss Anchusa a I Texas Gold Columbine Aauileais chrvssndta Y. 'Hiftkky na' Wormwood Artemisla ftj f, s Milkweed Asc ias ~ ~ W. Inds o Ba Ills , . HNnrttra Brunnen ! • . 11 ?e> ~o 32X'❑ Is miis EMISSION! • u Caladium annual Caladium culdvers E Canna Canns x eocralis Periwinkle annul Canharsnthuf roseus Shasta Dab Chrysanthemum maximum Colewort Crambe cord'rfolis Crocus Crt,cus $ pp. Mexican Heather annual Cu hes h !folio Bleed n Heart Dicenta I RP.. Conellower Echinacea urea Barreftwort E !medium app, Texas Blucbafl Eustoma randinorUrn Daylily Hemerocalis fop. Rose Mallow Hibiscus moscheutos Host _ Hosts I pp. Candytuft Iberis sempe r Mns Lantana Lantana s pp. { Lavender Lsvandulesly. Sea Lave der Limonium s . Alyssum Lobularil marid" I Di pine Lu inus s . 1 Loosesbife L simscbkf . Turk's Ca Malvaviscus arborrus v.'Drumondil' Blackfoot Dais Me 'tun leucanthum Bee Balm Monarda did tns Ora Hyacinth Muscat app. Wrodil Narclssus % pp. Catmint NW IM !a. Oxalis Woad Sorrel Oxalis cassi s Rock Rose Pavonb 1151 tall Russian Sae Petovskis itri icfolia Thin Phlox subulatt Obedient Plant Ph sosle is vir iniana Solomat; s Seel Pol onaturrt lop. Knotweed PoI onum spo, Moss Rose annual Portulacs Mota CI uefoit Putentilia s . Lun wort Pulmonsris in. Glorioss Dais Rudbeckis s . Mexksn Petunia Ruellia $ pp, 'A Sae Salvia$, Lavender Cotton Ssnlolinas Sedum Sedum !M. Dusty Miller Setucioeineraria Goldenrod Solids o S Iderwort Tradesclrits ouldentaib Verbena Verbens to. S edwcu Veronica Is ~ ~ 25K10 32XIO .e...re SECTION That say person vicle* my provision of this ordiawt shall, sport conviction, be fined am cot exceeding $300.00, Exh day that a Provision of this ordinance is violated shall constitute a separate and distinct offense. . I SECTION IV. That if any section, subsection, paragraph, sentence, clause, phase or word In stela ordinance, or application thereof to say person or circumstances Is held Invd,d b) any court of competent jurisdiction, such bolding dull not affect the validity of dte rernaft&g Portions of M ordinance, and the City Council of the City of Denton, Texas hereby deelms h would have enacted such recu'nino portions despite any such validity. SECTION V. That this ordinance shall become effective tiPS , and the City exretxy is hereby directed to cause the caption of this ordinance to be Published twice in the Denton Record-CLronicle, a daily newspaper p6bbed in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED thb the day of 1998. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY: l 1 J c -19 j 0 ,...rae I j a r FEBRUARY 24t",1405 CITY COUNCIL WORK SESSION ATTACHMENT DRAFT LANDSCAPE ORDINANCE I I r General Comparmons of Cities' Landscape Ordinances pan 10% Open Spa" 15% Open Spna 20% Open Spas Spaoe 10 Trees per Acre IS Trees per Acre 20 Trees per Acre 20.100 Trees per Acre Current Denton McKinney Proposed Denton Austin Richardson COWIN" Grapwlne Fairfax County Lewisville Ft Worth Houston Prince George's LF KranCh AAIn01on Dallas Ft CoMl"o Garland Ranbrook Ininp Plano Radford Flower Mound Southlake , Houston o ra os ffat above (10/10, 15/14 , W. Corrapo ro e C e or 400 square leer or more of plane p era Is neMed per mqulred Gee. prepsml by Plarwnp d 0&4" d SreM a N i ~ I , ,A„ ° 26 10 32 X I II