03-15-1993 Planning Packet - Laserfiche WebLink

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r To: From: Date: Subject: Orono Planning Commission Members Ron Mcxirse, Citv Administrator Michael P. Gaffron, Assistant Planning & Zoning Administrator March 10. 1993 Proposed Amendment to 21oning Code - Section 10.41, B-2 Lakeshore Business District List of Exhibits A - Draft Amendment B - Summary of Subdivision Headings C - Comprehensive Plan Excerpts regarding Lakeshore Commercial Uses Note: It was brought to staffs attention this week that the public hearing notice indicated March 22 rather than March 15. Because it was too late to make the correction, the March 15 meeting will become a public information meeting, and we are rescheduling the public hearing for your April 19 meeting. Note that the marina operators have been advised of the schedule change and have been invit^ to the March 15 meeting to provide their perspective. Marina Licensing Streamlined The Cit}' Council on March 8 revised the marina licensing code in Chapter 5 by removing from it all regulations and performance standards that are duplicated in Section 10.41. The Council ’s intent is to grant licenses to the marinas upon application, and then deal with land use issues through the Zoning Code. B-2 Code Structure Most of our zoning district code sections include a "purpose" statement, which defines the character and nauire of that zoning district. Next is a listing of permitted, conditional, and accessory uses. The standard code format then includes a section stating lot area, height, width, and yard requirements, and may then include specific performance standards for the district. Out B-2 code section has historically included relatively detailed (as opposed to other business district sections) performance standards for parking requirem.ents. landscaping, and use of the site. Additionally, provisions have long been in place regarding elimination of non- conforming docks; an allowance for a 4-year staged landscaping upgrade; and references to LMCD and other ordinances. Perhaps staffs greatest concern is that while some residents of the City might wish to see "sweeping changes" in the marinas, how they look, and how they are operated, the City has been reluctant in the recent past to force change to occur. This to some degree is due to the potentially high cost of litigation; in some cases the lack of any zoning application which would give the City an opportunity to "revamp" a site; a sensitivity to the issue of pre-existing non conformities and past agreements or approvals that have resulted in today ’s marina sites being significantly better in many respects than they were 20 or 30 years ago; and a sensitivity' to the financial ability of marinas to upgrade during the drought years of the late 1980’s. It is also