01-19-2021 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 19,2021 6:00 o'clock p.m. explanation or what has been proposed here as to how that has been mitigated;he thinks they are all in agreement there. He appreciates the Applicant addressing the ALS and it is helpful as to how that has been repositioned and he does not think anyone disagrees with that as it seems to be in compliance with the ALS, side yard setbacks,etcetera. He said they are not creating an artificial setback, it is conforming to lot requirements,the Staff support and Planning Commission support would likely be contingent on the County for the turn lanes;the exchange of buffer proposed would need to be actual rather than artificial. He said what is not addressed is the parking for neighborhood boat use and how that is proposed for concern over safety and traffic. Libby noted a piece of information to set to rest a bit some of the public concern about the Heritage Lane being used now that lot 3 of Tanager Estates is privately owned. It would require that egress be granted by the private property owner and was previously decided per another Council that both conservation prohibits the use of access to this development from the bottom of the bluff. The reason is because the frontage that would access the lakeshore from the top of the bluff was deemed not feasibly usable and in violation of the conservation for the bluff conservation. The people from Heritage Lane that are concerned about the use for construction traffic can probably rest at ease that the private property owners are not going to allow significant intrusive to go through their million dollar or$300,000 lot to access the new development. He thinks the concern is taken seriously and they will not have to worry about Heritage Lane used as a construction road. Bollis said Outlot D is a concern for him and he does not like to see that sitting out there. His main concern is that would be used for some sort of dock for the inland lots or something like that. He would like to see it go away and just become Outlot C as it becomes a little bigger and would be a lot cleaner. He would not be in favor of leaving an outlot out there with no definition on it. Chair Ressler thinks he is hearing that the Planning Commission does not quite have enough information to approve this,but instead of tabling it allows it to go to Council with the feedback they have provided if they were to make a motion to approve or deny it. Tabling would cost time and would be a hindrance to the Applicant. Chair Ressler thinks that would be inappropriate in this circumstance because the feedback the Planning Commission has provided should be helpful for the City Council to weigh in. Barnhart noted if a motion to approve was to move forward, Staff would recommend that Staff's recommended conditions would be applied which is watershed district approval,City Engineer approval, County approval,and the Staff comment letters, as well as any other comments or conditions the Planning Commission would like to impose. Kirchner moved to approve LA 20-48, 1700 Shoreline Drive,Preliminary Plat with the recommendations from City Staff that Mr. Barnhart just outlined and adding additional comments from the Planning Commission: Outlot D is a serious concern,the parking area has not been addressed,use of Heritage Lane traffic concerns from neighbors,and putting it back on the Applicant to explore the right-of-way for the right turn lane to occur without Ms. Burwell's property. Chair Ressler asked to clarify that it would be contingent on a turn lane being placed without encroaching on private property. Kirchner will not go so far as to say to not place it there,but it is a concern and he thinks a qualified and certified surveyor would be able to determine if that can or cannot happen. They can then provide that to Page 15 of 28