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AGENDA ITEM <br />Prepared By: J. Barnhart Reviewed By: Approved By: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. To consider an ordinance to amend the regulations related to grading and land <br />alterations, including slope stabilization mitigation. <br /> <br />2. Background. The City Council received testimony at their workshop on September 23, 2019 <br />regarding the timing challenges inherent with grading projects in the lake yard, specifically slope <br />stabilization projects, and directed staff to prepare an ordinance to address the issues. <br /> <br />In reviewing the city code, and applicable state regulations for work in the shore land zone, staff <br />prepared an ordinance that: <br /> Clarifies what requires an IUP (Line 460, 6 week lead time, minimum), and what requires <br />an administrative permit (Line 318), and summarizes these in tables. Recently, most of the <br />IUPs have involved import/ export as part of a principal structure, the draft ordinance <br />would not require an IUP. <br /> Adjusts the requirements for slope failure mitigation (line 471)*. When the slope failure <br />mitigation is the only permitting activity proposed, and would normally trigger an Interim <br />Use Permit (IUP), the City Engineer may declare an emergency repair and recommend the <br />City Council review the application. This would bypass the Planning Commission, saving <br />about a month. As an alternative, the Council could raise the threshold for projects <br />requiring an IUP, though this would apply to all projects. Due to their sensitive nature, the <br />ordinance requires grading plans involving steep slopes, bluffs, or for slope failure <br />mitigation to be prepared by a Professional Engineer. (Line 301) <br /> Introduces haul route standards (Line 402). Typically one of the primary issues in an IUP, <br />the City Engineer will review and approve the route, and may inspect the condition of the <br />streets. <br /> Introduces stockpiling standards, and ties these to duration, rather than volume. Tables <br />starting on line 318 and line 460. <br /> <br />*The Council should recognize that in cases where slope failure mitigation involves structures <br />(above or below ground retaining walls for example), these structures will require a variance and <br />its 6 week public hearing process. <br /> <br />3. Planning Commission Vote and Comment. The draft ordinance was introduced to the <br />Commission in January. On February 18th, the Planning Commission reviewed the document line <br />by line in their workshop, and later that evening, concluded the public hearing and recommended <br />approval of the draft. <br /> <br />4. Public Comment. No comments for or against the proposal have been received. <br /> <br />5. Staff Recommendation. Staff recommends the Council review the ordinance and provide <br />feedback. The Council should direct staff to forward the near final draft to the DNR for their <br />review and comment, as required. <br /> <br />COUNCIL ACTION REQUESTED <br />City Council should review the ordinance and table action, directing staff to forward the draft to the DNR <br />Item No.: 15 Date: March 9, 2020 <br />Item Description: LA19-000091 – City of Orono Text Amendment Related to Grading <br />and Land Alterations <br />Presenter: Jeremy Barnhart, AICP <br />Community Development Director <br />Agenda <br />Section: <br />Planning Department <br />Report