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05/20/2013 Planning Commission Minutes
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05/20/2013 Planning Commission Minutes
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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,May 20,2013 <br /> 6:30 o'clock p.m. <br /> were a couple of tables in the code that talked about the protection classification,which is related to the <br /> functional assessment. Staff attempted to put the two tables that were in the code into one and <br /> acknowledge that the Watershed District is going to require buffers in certain situations and in keeping <br /> with the City's Surface Water Management Plan. <br /> Gaffron stated Section 1605(c)establishes the new structure setback requirement from wetland edges and <br /> provides the City with authority to require wetland boundary delineation subject to the Planning <br /> Director's determination of whether a Level 1 or a Level 2 delineation is required. Sections 1605 (d), (e) <br /> (f), (g), (h), and(i)are deleted as these all relate to buffer establishment and maintenance,which will now <br /> fall under the Watershed District's jurisdiction. <br /> Section 78-1607 is slightly revised to eliminate references to conditional uses in wetland buffers except to <br /> address impacts on existing established buffers. Section 78-1608(2)establishes that wetland buffer <br /> protection will be under the Watershed District's jurisdiction and Section 78-1608(3) is revised by <br /> addressing existing buffers in (a) and by deleting(c)and(d)which pertain to avoidance of future <br /> nonconformities and buffer flexibility. <br /> Gaffron stated the proposed revisions to the wetland ordinance functionally transfer the authority for <br /> requiring wetland buffers in Orono to the Watershed District. Staff believes that this code revision is <br /> neither in conflict with the provisions of the 2011 Orono Surface Water Management Plan nor the <br /> provisions of the 2008-2030 Community Management Plan. <br /> The Watershed District buffer rules will not apply to existing single-family residential properties, which <br /> should eliminate the primary issues the City has encountered in enforcing the current ordinance. The <br /> ability to conduct a relatively inexpensive and less time-consuming Level 1 wetland delineation in <br /> specified situations will make administration of the wetland setback ordinance more efficient. <br /> Thiesse asked if the City is doing any injustice to the wetlands by revising their standards. <br /> Gaffron stated in his opinion they are not. The ordinance establishes a 35-fot setback, which will provide <br /> a greater level of protection. Gaffron stated buffers are a good thing, but would avoid forcing them on <br /> people in situations where a private homeowner simply wants to do a small project that then evolves into <br /> something much more extensive than they had any expectation of. In addition, some of the regulations <br /> are difficult to administer and it is expensive for the property homeowners. <br /> Gaffron stated in his view the Watershed District is going to do a good job enforcing their regulations and <br /> that he is comfortable with where the City is headed with this. <br /> Lemke and Schoenzeit commented it is a nice job by Staff. <br /> Chair Leskinen opened the public hearing at 8:33 p.m. <br /> There were no public comments regarding this application. <br /> Chair Leskinen closed the public hearing at 8:33 p.m. <br /> Schoenzeit moved,Thiesse seconded,to recommend approval of Application 313-3601, City of <br /> Orono,Wetland Ordinance Amendment. VOTE: Ayes 6,Nays 0. <br /> Page 23 of 25 <br />
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