10-12-2020 Council Packet - Laserfiche WebLink

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CITY OF ORONO MEMORANDUM DATE: October 12, 2020 TO: Mayor Walsh, City Council Dustin Rief, City Administrator FROM: Jeremy Barnhart, AICP, Community Development Director RE: Density discussion The City Council requested information regarding the origins of the 18 percent rule as it applies to the existing and proposed definitions of “dry buildable”. Dry Buildable is used in the development of lots as part of a subdivision and is intended to remove lands that are either not buildable due to protected status (water, wetlands, bluffs) or their characteristics make development of home or septic sites not appropriate without major grading that is likely to change the nature of the development. There is a minimum of 0.5 acres of contiguous dry-buildable for sewered lots, and 2 contiguous acres for non sewered lots. Dry buildable has been referenced in ordinances since at least 1976, but not defined until May, 2018 (Ord 206 3rd series) as part of a general clean-up of ordinance definitions. Historically, dry buildable had only been applied to subdivisions, in the creation of lots. Steep slopes were identified as those 12% or greater when the city adopted the DNRs Shoreland regulations in February, 1992. Those same regulations identify toe and top of slope, referencing an 18% grade below or above a bluff. In researching this question, the 18% designation of steep slopes, staff reviewed the state rules and statutes regarding septic systems and Shoreland rules, and the city code regarding floodplain, Shoreland management, and septic rules. Staff could find no reference in those sources specifically referencing 18%, the only place it is mentioned is in the definition of toe and top of bluff. Given there is no state definition of dry-buildable, the City Council may establish their own definition of dry buildable to include or exclude any slope desired. The slope definition could also be removed. Dry Buildable (Zoning Code) Dry buildable means that portion of the lot not encumbered by the waters of a duly recorded lake or river, wetlands, bluffs, or slopes greater than 18 percent. Dry buildable land (Subdivision Code) means land area occurring within the property lines of a parcel or lot, excluding drainageways, flowage areas, floodplains, wetlands, marshland or slopes of 18 percent or greater.