03-13-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2017 7:00 o'clock p.m. 10. DEVELOPMENT PROCESS REVIEW COMMITTEE RECOMMENDATIONS (continued) 4. The Committee further recommends the City's wetland management rules align with the Watershed District's. One of the main differences is the City requires an additional setback from the Watershed's buffer. This additional setback is intended to allow people to walk in the area between the house and the wetland buffer area without impacting the buffer. This will require a modification to the wetlands protection ordinance. 5. The committee also recommends modification of where and when a wetland delineation is required to be more consistent with the Watershed District. With authorization, this will be handled at the same time as the wetland regulations above. 6. The Committee recommends modification of the permit forms, reducing the length to one page. Most of the length can be attributed to information provided to the applicant, but Staff will work to reduce the length of the document. This does not require council authorization. Barnhart noted in 2016, the City Council adopted an ordinance that allowed Staff to certify a boundary line adjustment but only if both lots meet the lot area requirements of the district. The committee suggested reviewing that ordinance. Walsh stated this is about streamlining the process to make it easier. Barnhart noted the Council will see all of these requests again in the future and that Staff is looking for authorization of Staff resources to look into this further and to take these items to the Planning Commission. Crosby asked for clarification on the lot line issue. Barnhart stated a lot line rearrangement is not a subdivision by state statute since a new lot is not being created. Orono's Code currently reads that if both lots meet the minimum lot size requirements and lot frontage requirements, then Staff can certify that. Staff is finding, however, that there are quite a number of lots that do not meet the minimum lot requirements so they have to go through the variance process. The committee is suggesting that the language requiring that both lots meet the lot area requirements. Seals asked if this will be helpful to Staff to clean some of this up. Barnhart stated regardless of the community, every ordinance was established to correct or respond to a problem, and Orono is no different. Orono has requirements for surveys, wetland delineations, and buffers that the City has. Barnhart stated what this review is doing is pulling some of those regulations back, but at the same time, by pulling those regulations back, the City might be opening themselves up to those same issues that originally cause the language to be drafted. Walsh stated the philosophical issue is whether the City is guiding their code for the 5 percent who do not do things correctly or the 95 percent who are doing it correctly. Walsh stated he would prefer to guide the City's code to the 95 percent and that he would rather deal with the five percent differently. Walsh stated the objective is to make it easier for people who own small lots, which is something they talked about while campaigning. Page 17 of 23