11-13-2023 City Council Agenda Packet

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MINUTES OF THE ORONO PLANNING COMMISSION October 16, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ PUBLIC HEARINGS 1. LA22-000059 TOM RYAN, 2245 WATERTOWN ROAD, REQUESTS PRELIMINARY PLAT APPROVAL TO CREATE ONE ADDITIONAL BUILDING SITE City Planner Curtis said the property owner is requesting preliminary plat approval to combine five separate PIDs into two buildable lots. The combined area of the property is 5.13 acres located within the RR-1B one-family rural residential zoning district. This application is not a subdivision. Rather, it should be viewed as a more formal boundary line adjustment (subdivision exception) due to the need to formally re-plat two of the parcels which are currently classified as “outlots”, she said. The wooded site includes a small drainage creek which the property owner is planning to reorient slightly. Work began on the drainage creek in the Fall of 2022 without proper City permits. The work was stopped, and the applicant has been working with Staff to complete the project through permitting. The property is not located within the Metropolitan Urban Service Area (MUSA); the properties will be served by private onsite septic systems. The applicant proposes to retain the existing home on lot 1. Development of lot two is not proposed at this time. The application results in two conforming lots. The City’s Engineer has reviewed the plans for the preliminary plat and the applicant’s request for City resources regarding the ditch. There were no substantive comments regarding the plat. The City received two comments on this project. The comments were focused on the erosion from the unpermitted land alteration and downstream sedimentation which resulted from the unprotected ditch. Staff supports the approval of the preliminary plat subject to the City Engineer’s requirements. Staff further recommends that the applicant be required to remove the downstream sediment and obtain the proper permits for the drainage creek reorientation. Erosion control measures should be installed prior to the work and be maintained throughout the duration of the project until vegetation is established. Tom Ryan, 2245 Watertown Road, the applicant, said he thought they had approval to start the preliminary work on the ditch. He stated the erosion was caused by the roadwork done previously on Watertown Road. The addition of curb and gutter resulted in more water flow at that area, he said, adding he has been there 33 years. He has worked with the Corps of Engineers and the Watershed District to come up with a plan to mitigate the erosion. Chair Bollis opened the public hearing at 6:07 p.m. Tom Major, 2200 Devin Lane, said he is the property owner to the south of this property so the ditch flows into his property. They have been there 37 years and had no problem until two to four years ago. Sand has raised the bottom of the ditch a foot or more. He asked if downstream effects of the project have been looked at. He said there is also a flood plain below that next to another property. The ditch is along the property line between the two houses. Heidi Hust, 2225 Devin Lane, said they have been in the house almost 20 years and the road project up on the corner was a huge disaster. The silt came down and destroyed everything, she said, adding she is a professional gardener and used to take her Girl Scouts down that area and the marsh has changed so much and a delta has formed. They have lost a half a dozen trees due to standing water. It is a deep ditch and has spread out everywhere. More than grass is needed on the side. The DNR should have a list of plants that will stop the erosion. Crawdads and other creatures are gone because of the silt.