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 lake owner can have a yard right up to the edge of the water as well as riprap and stone that allows the water to run off faster into the lake. In addition, there is no buffer of uncompacted soil and no 16 to 20 feet of weed bed. Kinve stated that would provide water protection and buffers that would dramatically improve water quality around the lake. Kinve stated for a lot of people that are concerned about water quality, they associate it with the lakes, where wetlands already have a lot of built-in protections that lake properties do not. Kinve noted an MCWD buffer provides a minimum of 12.5 feet, usually 16.5 feet from the wetland edge of undisturbed vegetation and uncompacted soil, which slows and filters runoff from the surrounding property. Accordingly, the MCWD does not require any setback for structures from a delineated buffer as the buffer itself is the necessary and prudent protection for the wetland. As such, it would be completely logical if Orono were to also require no additional setback from a delineated buffer. Kinve commented he realizes that the prevailing attitude in Orono is that we need to be better than the established standards. Kinve stated personally he is not a fan of more for more sake but that the community should arrive at a common sense compromise that addresses many concerns that have been raised at the Planning Commission meeting and tonight. Kinve stated he would suggest that a principal structure be set back ten feet from an established buffer. An accessory structure, like a shed, patio, or a sport court, should be allowed two feet back from a required buffer provided that the structure could be constructed and/or maintained without interfering with the buffer. Kinve noted the recommended changes that he just went over are all above and beyond the current MCWD requirements. These changes address concerns about allowing enough room for homeowners to walk around their house or maintain any hard surface near their home without impacting the buffer. For setbacks with wetlands without a delineated buffer, Kinve stated he would suggest they maintain the 35 -foot setback. The benefit to maintaining the 35 -foot setback is that the City could encourage better environmental quality. Kinve stated they would be creating an incentive that does not exist today for a property owner to establish a buffer on their property to achieve more use of their property. If nothing is done, it will continue to allow someone to mow and spray chemicals all the way up to the edge of the pond and let that run off into the pond without any filter or any type of buffer. Kinve stated if someone wanted to build a deck, they could establish a buffer and control the runoff much better. Kinve stated he is requesting that the City not go to the greater/or standard. Kinve stated his recommendations is 10 feet for a principal building or structure; and if there is not have a buffer and there is a wetland, there should be a 35 -foot setback. If the person wants to come to the Planning Commission to reduce that setback, they can seek a variance but that they also have the option of establishing the buffer. Kinve stated in his view that would be fair to all existing homes and would allow people to more fully use their property. With respect to hardcover issues and runoff, Kinve noted they are not changing anything with respect to hardcover. The buffer in and of itself is going to slow down and prevent the type of pollution that people are looking to reduce or prevent. Page 25 of 34