09-09-2002 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26,2002 7:00 o'clock p.m. (#02-2819 TIM DEVRIES, Continued) 1. The area of Lot S to be filled must be reduced to allow some measure of future flexibility in septic site location should the existing tested sites be disturbed or found unusable. 2. Heavy duty silt fence and other protective measures such as signage be installed around the portion of Lot 5 where fill will be deposited. 3. The delineated non-City protected wetlands on the survey be documented via a notification to be filed in the chain of title, along with the wetland delineation report for future reference. 4. The grading plan must be revised to eliminate any fill within 26’ of the delineated wetland. 5. Property owner shall be advised that the Orono zoning ordinance requires lighting in all instances to be diffused or directed away from the property lines in R Districts. Weinberger noted that the Planning Commission further considered two issues in relation to construction of the tennis court and land alteration. First, with regard to the Wetlands/Septic, the new delineation performed under the more recent WCA rules show that areas now defin^ as wetlands are more extensive on the site than those protected under the 1983 subdivision. Furthermore, the property is serviced by an on-site septic system, which staff has deemed will not be directly affected by the proposed tennis court construction. Second, since the tennis court will be converted to a hockey rink in the winter, the Planning Commission felt consideration should be given to use of shoebox downward cast lighting with diffusers of some sort to reduce the impacts of reflective glare. In addition to the Plaiming Commission recommendation, Weinberger pointed out that staff recommends the area of fill and truck traffic on Lot S be reduced and that the applicants take extra precautions to avoid any disruption within 50’ of tested sites, to allow for future flexibility. He added that the applicant would be required to obtain a Watershed District permit as well. Mr. Robin clarified that the fill on Lot 5 will range from 0 to 18 inches in order to correct irregularities. White asked where the Wilsons live in relation to the proposed courts. Weinberger pointed out that, as the nearest neighbor, the Wilsons live quite a distance across the creek, approximately 500 feet away. Gaffron explained that the Wilsons have concern about the applicant meeting City ordinance, and concern that City ordinances don’t go far enough in their requirements. He added that the lighting recommendation had already been incorporated into a condition of the resolution. Beyond the ordinance, the applicant has suggested that they are sensitive to the lighting issue and propose to be good neighbors. He cautioned the Council that there is nothing in the ordinance about lighting that can be tied to a grading issue. PAGE 15 of22 J