03-26-2012 Council Work Session Minutes

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MINUTES OF THE ORONO CITY COUNCIDPLANNING COMMISSION JOINT WORK SESSION Monday, March 26, 2012 5:00 o'clock p.m. i Gozola stated the map illustrates Tier 1 lots as lakeshore lots. Tier 2 falls typically within the 250 -500 foot zone and Tier 3 falls within the 500 -1000 foot zone. Tiers 4 and 5 are the ones that are currently regulated zone specific. Gozola indicated he took all of the different regulations and put them into the overlay. In five to ten years, if the DNR requires performance standards, the prescriptive option is in a format that would allow the City to quickly transition to the performance based option. McMillan commented that Tiers 2 and 3 are less restrictive than the DNR's requirements. Gozola indicated that is correct and pointed out that the City currently is less restrictive than the DNR. Rahn commented that a lot of it also has to do with the type of soils.' Bremer stated consistency with the DNR makes sense. ;+ McMillan commented that Tier 3 looks like it goes beyond 1000 feet. Gaffron stated that is possible since there might be portions of the lot that are beyond 1000 feet. McMillan stated the tiers may be confusing and that some people may protest the tier they are located in. Gaffron stated there are a lot of properties that are off the lakeshore, such as in the Navarre area, that have . gotten hardcover variances that are in a 30 to 35 percent zone and they become nonconforming under the new regulations. Gaffron noted the City has always had lots that are nonconforming and that in the half acre zone, more than half 'of the lots are substandard and require variances. Gaffron stated the City needs to decide how to deal with nonconforming lots that were not previously nonconforming. Gozola stated in summary, based on his understanding, the City would like to pursue the prescriptive option; include the 0 -75 foot zone in the hardcover calculation; update the paver /deck credit to allow for up to 100 feet, with no credit being given after that; address the definition of board spacing to make sure it is pervious underneath but not necessarily regulating the space of the board; consider making properties that are iip against a creek a Tier 1 parcel; do a more in -depth analysis as to what properties are assigned to what tiers; look at whether the City can move to a 25 percent requirement for all parcels; and look at the impact of creating nonconformities and how to deal with those in the future. McMillan asked if you have a bluff area in the 0 -75 area, whether that would be excluded from the lot area. Gozola stated typically you would not exclude it in counting overall hardcover and that the bluff would be an unbuildable area. Gaffron stated steep slopes have also been defined in the code but that it has been typically ignored over the years. Anything over 12 percent is not considered dry buildable. Rahn noted the steeper the bluff is, the less land that is included in the bluff zone. Rahn asked if landscape fabric and top of walls would also be included. Gozola stated it is included. • Page 8 of 9