08-13-2020 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, June 15, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 12 3. LA19-000065 CITY OF ORONO, TEXT AMENDMENT: SUBDIVISIONS, 6:50 P.M. - 7:56 P.M. Barnhart noted this is the first review of the subdivision code. Staff and the City Attorney have reviewed the subdivision code the last 5-6 months to make the ordinance easy to understand and apply for the users as they look to subdivide their property. He stated that subdivision is the act of creating a new lot. A plat is the document that shows that new lot. People often use the terms interchangeably, so the modification will try to correct that issue. State statute identifies what a subdivision is, so Staff looks at what those are and provides a review process for those types of scenarios. There are definitions in the zoning ordinance and the subdivision ordinance, which are both part of City Code. They don’t always match, which is maddening for both Staff and the public. Staff looked to combine those where they could. State statute talks about the Community Management Plan or the Comprehensive Plan. When the Comp Plan was approved last year, they created and identified a Community Management Plan, so a definition was created in the code which links the Community Management Plan which, in effect, is a Comprehensive Plan; and they made it link to their subdivision code. He said they removed the classification of subdivisions. The Class 1, 2, 3 designations were based on if there were any public or private improvements. The vast majority were Class 3. Now there is one classification and one process. He noted that State statute allows a minor subdivision process, where you are creating four or less lots and no public improvements, and it is a simpler process to get a subdivision improved. In those situations, the Planning Commission meeting is skipped and it goes straight to the Council for review. He does not recommend doing that because most of our subdivisions are four or less lots and would fall within that criteria. Also, some of the 1-2 lot subdivisions create a considerable amount of public interest, and he would prefer to keep that at the Planning Commission level for the public hearing. He is open for comments on that issue. This draft requires all subdivisions to be done as part of a plat, trying to avoid a metes-and-bounds description which creates challenges down the line for the future owner and the City if there are any modifications to the property line or any easements. It may not pay dividends immediately but will do so going down the road. The draft also adjusts the security for plat improvements. If someone has a subdivision and is required to build a road or do a stormwater management plan, they incur cost. Currently, the security requirement is 150% of the improvement cost; Staff is recommending it drop down to 125%, which is more in line with industry requirements. Staff has a proposed removal of the different requirements for non-residential subdivisions. 99.9% of the subdivisions are for residential. He also pointed out the code prohibits flag lots but does not define what a flag lot is. Usually a flag lot means the buildable portion of the lot is in the shape of a flag and the flagpole is often the access point. The proposed ordinance defines what a flag lot is. The Conservation Design Plan is required for most subdivisions that are over three acres or have a density of more than one unit per acre. Staff is proposing redefining what the triggers are. If someone is doing a residential subdivision more than five acres in area and guided for urban density or is more than three units an acre, a Conservation Design Plan is needed. He thinks they are more reasonable in terms of impact to the natural environment. They did not change what is involved in a conservation design, just the triggers. He referenced recent subdivisions such as the YMCA property and 690 Brown Road would still trigger a Conservation Design Plan. He noted it would apply to subdivisions that have an impact to the natural environment or are part of the character of a given neighborhood. Many 1-2 lot subdivisions likely would not require a Conservation Design Plan. Ressler asked if this document is amending things so it would not be required but the Planning Commission could still request/require it during deliberations.