04-09-2018 Council Packet - Laserfiche WebLink

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Council MINUTES OF THE Exhibit B ORONO PLANNING COMMISSION 18-000023 MONDAY, MARCH 19, 2018 6:30 o'clock p.m. 8. LA18-000023 CITY OF ORONO, AMEND ARTICLE XI OF THE CITY CODE RELATED TO WETLANDS AND WETLAND SETBACKS, 8:04 P.M. — 8:19 P.M. Barnhart stated this application deals with a review of wetland setback requirements. Last year the Council elected to change the wetland delineation requirements but did not elect to change the wetland setbacks. Last fall the City Council directed Staff to review an ordinance that would consider adjusting the setbacks. Barnhart indicated the first time the setbacks were reviewed by the City Council there was some confusion between setbacks and buffers. Setbacks are established by the City and prevent construction within a certain area, such as a front yard setback or side setback. The Watershed District establishes a buffer in certain circumstances, usually at the time of platting or at the time a new house is being constructed, and at that time they will usually require wetland delineations and buffers. In addition to certain setbacks, no grading, fertilizers or structures are allowed within the buffer. As it relates to this proposed change, the amendment only addresses setback. Based on Council direction, Staff put together a draft ordinance with the goal of making it easier to understand. Some sections of the current code were removed that Staff did not feel apply. In addition, Staff attempted to try to simplify what the requirement is in terms of separation of a structure from the wetland delineation. Staff is proposing that if the Watershed District requires a buffer, that that be the separation between the improvement and the wetland. Orono currently has that buffer as well as an additional 10 -foot setback, which Staff is proposing be removed under this text amendment. Barnhart stated when a buffer is not required, which applies primarily to decks and accessory structures that do not trigger Watershed rules, the City has a current setback of 35 feet. That setback comes from a 10 -foot separation as well as the 25 -foot setback. Staff is now proposing a 25 -foot setback, which removes that extra level of setback that many cities do not require, Staff also proposes removing the table that talks about the type of protection classification for the wetland, the description, and the additional protection. Since that is regulated by the Watershed District, Staff felt it was redundant. Barnhart stated at this time Staff is looking for a recommendation from the Planning Commission to take to the City Council. Page 1 of 3