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99-2490, SKPL
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#2490 -VanEeckhout Sketch Plan <br />May 12, 1999 <br />Page 5 <br />Archaeological Site Proximity <br />SHPO would be contacted for a review of this site if a preliminary plat is submitted. The high hills <br />overlooking the creek are a natural feature that triggers an archaeological review to determine <br />whether archaeological sites may be present. <br />Bluff Impacts <br />A cursory review of the topography map indicates that while slopes exceed 30% in many areas of <br />the site, most such slopes do not rise the requisite 25' above the creek level in order to be defined as <br />bluffs. There are many 'steep slopes' on the site (by definition averaging 12% or more) that will <br />trigger the need for careful review of any grading plan proposed. <br />Issues for Discussion <br />1. Does Planning Commission find any justification for supporting the rezoning of this property <br />from RR-lB 2-acre unsewered, to R-lA I-acre sewered? Is the 1975 rezoning a justification <br />for honoring such a request? Isn't such a rezoning in direct conflict with Orono's goals and <br />policies for the rural area? <br />2. Whether or not the property is rezoned, is the probable lack of suitable drainfield sites to <br />serve more than a few lots, justification for developing with sewer? <br />3. If the site does in fact contain 11-plus acres of dry buildable land exclusive of proposed road <br />and driveway outlots, and given the non-contiguity of the dry buildable due to wetlands <br />and the creek, does this suggest that development via a PRD might be appropriate? <br />Remember that area credit for wetlands is no longer available even if the property is sewered, <br />regardless of a rezoning. <br />Staff Analysis and Recommendation <br />The property can probably support only one or two additional homes under the City's rural <br />development standards, and even at this level of development would likely need one or more <br />variances. <br />In staffs opinion, the 1975 rezoning does not justify a claim of 'taking' and should not be a factor <br />in any determination for rezoning or variance approval.
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