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Mr. Jeremy Barnhart • <br /> City of Orono Community Development Director <br /> July 9, 2021 <br /> Page 2 <br /> zoning district can be applied", among them the creation of an RPUD. In analyzing the RPUD <br /> option, your letter noted the provisions of Orono City Ordinance Sec. 78-626 that"[w]ithin the <br /> RPUD district all development shall be in compliance with the following: <br /> (1)Minimum area; shoreland district limitation. Each site proposed for rezoning shall <br /> have a minimum of five acres, excluding areas within a designated . . . shoreland district <br /> unless certain other criteria are met. (Emphasis added.)It appears there are two ways to interpret <br /> the language of this section: <br /> 1. If a site consisted of only four acres but was entirely within a designated shoreland <br /> district, the five acre minimum requirement would not apply at all, i.e. the five acre <br /> minimum does not apply at all to sites that are entirely within a designated shoreland <br /> district; or <br /> 2. If a site consisted of six acres but two of these acres were within a designated shoreland <br /> district, the two acres would be excluded, leaving a net of four acres, which would be <br /> below the required five acre minimum, i.e., if the site does not have at least five acres, • <br /> subtracting any areas within a designated shoreland district,then the site does not meet <br /> the five acre minimum. <br /> Please advise as to your thoughts on the interpretation of this Ordinance. <br /> Finally, it is our understanding that the following are true: <br /> 1. The subject property is in a designated shoreland district. <br /> 2. In the City's 2040 Comprehensive Plan dated March 2018 the subject property is guided <br /> Urban Medium Density Residential (3-10 units/acre) for future land use (for some reason <br /> changed to Urban Low Density Residential (.5—2 units/acre) on the November 2018 <br /> Future Land Use map). The subject property is currently in a Defined Rural Area and its <br /> current zoning, RR1, requires a two acre minimum lot size for only one unit, thus making <br /> the current zoning inconsistent with the Comprehensive Plan. <br /> 3. The Orono Community Management Plan("CMP"notes the following: <br /> a. Part 3B of the CMP, the General Land Use Plan, states"urban-density residential <br /> uses will be permitted only where municipal sanitary sewer, water, adequate <br /> transportation,police and fire protection services are available"and"[n]ew land <br /> uses and development will be allowed to infill existing vacant properties within <br /> the urban service area . . . ." CMP Part 3B,p. 10. <br /> b. 63% of the land . . . identified for future sewered growth falls within Orono's <br /> Urban Low Density areas. Development of these areas typically follows a <br /> piecemeal pattern as individual properties split into 1-3 units,where lots can <br />