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08-22-2005 Council Packet
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08-22-2005 Council Packet
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MEMORANDUM <br />To:Chair Raho and Planning Commissioners <br />Ron Moorse, City Administrator <br />From: <br />Date: <br />Subject: <br />Mike Gaffron, Planning Director <br />August 9,2005 <br />City of Orono: Proposed Ordinance Amendment: Wetland Protection <br />- Propped Zoning Code Sections 78-1601 thru 78-1614 <br />- Amend Sections 78-1; 78-213(13) etai; 78-S63(c)(6); 78-568; <br />78-S70(2)(b); 78-1211; 78-1286(e) <br />List of Exhibits <br />A - Proposed Ordinance Sections 78-1601 thru 78-1614 (August 4,2005 draft) <br />B - Proposed Ancillary Code Revisions <br />C - Public Hearing Notice <br />Backgrouod/Chronology <br />lA Floodplain Qwdinance Mandate. In response to FEMA and MnDNR requirements <br />that Orono’s floodplain ordinances be updated by September 2004, staff in early 2004 <br />began to draft revisions to tlie Floodplain and Wetland Management section of the zoning <br />code. It became immediately obvious that this was the opportunity to separate the <br />previously combined wetland and floodplain ordinances into two individual code <br />sections. The combined language had long been confusing and unwieldy, difficult to <br />interpret and administer. <br />Initial Drafts. By August, 2004 the draft floodplain ordinance revisions were deemed <br />acceptable by the DNR, by FEMA, and by the City Council. However, the Council had a <br />number of remaining issues and concerns regarding the proposed wetland ordinance as <br />drafted. As a result, on August 23, 2004 the Council adopted Ordinance No. 16, 3rd <br />Series, vdiich eliminated the existing Floodplain and Wetland Management code <br />language and adopted a new Floodplain Management ordinance. <br />Moraiorium. Because this action left the City without a wetland ordinance, the City <br />concurrently adopted Ordinance No. 17,3rd Series, establishing a 6-month moratorium <br />prohibiting wetland alterations and prohibiting the granting of building or land alteration <br />permits or permit approvals, preliminary subdivision approval, zoning (cup/variance) <br />approval, rezoning, or PUD approval, involving alterations of wetlands and areas within <br />26 feet of wetlands. The moratorium was set to expire February 23,2005. <br />^-----
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