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r* <br />Big Woods Discussion <br />March 20,1997 <br />Page 2 <br />What protective measures does Orono have available? <br />Orono has no tree/forest preser\ation ordi^ce which covers this project, since it is not <br />in a designated Shoreland district and is not a subdivision. Orono's only tree/forest <br />regulations are in the following code sections: <br />10.22 Subd. 3: Protects 6"+ diam. trees within 75' of lake shorelines. <br />10.56 Subd. 16 1 (1): (Same as 10.22 Subd. 3) <br />10.56 Subd. 16 1 (2): Prohibits intensive vegetation clearing within 75' of lake and <br />on steep slopes and bluff impact zones within the defined Shoreland district. <br />11.60 Subd. 1 & 2: In the case of a subdivision process, requires developer to <br />pr#*serve trees to an undefined extent, and requires developer to plant trees <br />within subdivision as required by the City. <br />Further, since approximately 2/3 of the Big Woods tract is in Medina, Orono cannot <br />regulate that portion. There are no known State or Federal regulations prohibiting the <br />proposed work which impacts the remnant. <br />What are the opportunities for and ramifications of the Ci*y attempting to prevent <br />fragmentation of this Big Woods remnant? <br />Denial of the golf course use CUP for the Big Woods remnant portion of the <br />site may result in the golf course not being built. <br />Denial might alternatively result in attempts to squeeze the course into the <br />remaining acreage with less buffer areas possible around the perimeter; and <br />perhaps bypassing the Orono Big Woods portion but still impacting the <br />Medina portion. <br />If the golf course doesn't happen, unless someone comes up with the cash to <br />purchase the land to preserve it, the potential is always there to turn it into 2- <br />acre housing, which would similarly destroy the big woods and have <br />potentially more serious consequences for wildlife habitat. <br />Under current ordinances, the City might be able to stop a subdivider from <br />^ destroying this Big Woods tract using Section 11.60, but he likely would <br />claim a 'taking'... <br />One possibility to avoid a 'taking' claim is to allow clustered housing on the <br />/ perimeter via a PRD, maintaining the 2-acre density. This would be difficult