10-12-2020 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12,2020 6:00 o'clock p.m. the subdivision code; there is some discussion about where the 18% dry-buildable calculation came from and Staff was directed to look into State statute and other regulations. Barnhart could not find the source, so he is led to the conclusion that the City can establish whatever they want in terms of a definition of dry-buildable, so if the Council doesn't want to include the 18%they can remove it, or they can have a 22.5% slope, although that is a very specific number. He suggested doing a round number of 30%which is similar to a bluff slope without being a bluff. Johnson asked what money it saves doing the summary ordinance rather than publishing the full 39 pages. Barnhart responded it is several hundred dollars because when they pass an ordinance they are required to publish it and 39 pages published in the newspaper will be very expensive, probably close to $1,500. Johnson noted he is fine with the summary and said he did some research on the subject. He thinks the engineering grade is a 3:1 ratio, which is not to exceed 33%; if the City wants it rooted in something, this is the ordinary engineering maximum standard in grading. He said this excludes defined bluffs and wetlands, so they are talking about dry-buildable for the calculation and he suggests 33%. Mayor Walsh said it will potentially add more dry-buildable to sites. Johnson noted one workaround is if the City keeps it at 22%, they grade that as they do more earth work to get it "flatter." If the City uses the 3:1 ratio,they can actually preserve some areas from being re-graded to meet the standard. Mayor Walsh asked what the downside is. Barnhart replied they may see some areas that would have been excluded before will now be included in the minimum. He remembers early in the development of the YMCA project at 135 Orono Road,the dry-buildable calculation was very critical because in creating a non-sewered lot, the dry-buildable area needs to be contiguous. Therefore that 18%was critical in how the lot lines were created. He noted they frankly don't have a huge number of vacant lots it would apply to, so that is the downside and he doesn't know how big of a ramification that will be in the long-term. He clarified the downside is in areas where previously they could fit 5 lots, they may be able to fit 7 lots. Mayor Walsh said that is not a downside to him. Johnson noted the 18% is a 20-year-old rule that was an old septic requirement. Johnson moved, Crosby seconded,to give Staff permission to publish the summary ordinance. VOTE: Ayes 4,Nays 0. Johnson moved, Crosby seconded, to use the 3:1 or 33% ratio for dry-buildable. VOTE: Ayes 4, Nays 0. Page 17 of 24