05-22-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 8,2017 7:00 o'clock p.m. 16. #17-3922 CITY OF ORONO, TEXT AMENDMENT: WETLANDS REGULATIONS — ORDINANCE NO. 196, Third Series. — continued uncomfortable with shifting the policy without data that suggested the City needed to or identified a true problem. Barnhart stated part of the discussion tonight should be to question whether the City is on the right path with the setback. The Planning Commission did not feel they had enough information to answer that question since the City has not heard that the setbacks have no value. Seals asked why the Watershed District does not also require setbacks in addition to the buffer. Barnhart indicated the Watershed District looks region wide and the rules are applied the same across that area. The Watershed District looks to cities to implement stricter rules on a lot by lot basis if the situation calls for it. Walsh commented it does not affect the amount of hardcover allowed on a lot or the height of a building and that it comes down to whether the 35 -foot setback is reasonable. Barnhart noted Plymouth has a 15 -foot accessory structure setback and Medina has a 5 -foot setback, which would allow fire pits and other similar structures in that area. Seals asked whether the Planning Commission looked at different options for that area, such as nothing within 10 feet or 15 feet, or whether fire pits or other structures should be allowed. Barnhart stated they did not get into that level of detail but more questioned the purpose of the setback. Printup stated there is no question that the buffer areas should be left alone. Printup questioned whether there is a differentiation about whether a fire pit causes water to become contaminated. Printup noted people are spraying their lawns in that area and that his belief is that a fire pit is pretty innocuous. Barnhart stated allowing structures within the setback can lead to improvement creep since the edge will move depending upon the whim of the property owner, which happens now. Barnhart stated he is not sure he would advocate for placing a fire pit near a wetland since there are usually tall grasses that are often dry and can catch fire. Walsh concurred that someone should not put anything in the buffer. Barnhart noted there are situations where there is a wetland with no buffer but there is a setback. Walsh commented that could be dealt with separately. Walsh asked for public comment. Paul Muldoon, 1801 West Farm Road, stated the proposal to do the desktop wetland delineations is a step forward since it will provide builders feedback in a timely fashion and accommodates seasonal changes. Muldoon stated in terms of the setbacks, he strongly supports option one, which makes no changes. Muldoon noted Orono began implementing their wetland regulations and protections in 1980 and that there are several reasons for buffers and setbacks, such as a practical need for an additional setback from Page 23 of 34