08/15/2005 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 15,2005 6:00 o'clock p.m. (#04-3039 City of Orono,Proposed Ordinance Amendment,Continued) The ordinance establishes that all Type 1 through 8 wetlands in the City are subject to the ordinance provisions, and it references a new City Wetland Map based on the MCWD's wetland inventory. The City's 1974 Wetland Inventory is no longer the basis for whether a wetland is subject to City wetland ordinances. The past distinction between"City of Orono protected wetlands"(those on our 1974 map) and"non-City protected wetlands"(those areas that are wetlands delineated under WCA delineation rules but were never on Orono's map nor protected by Orono)will no longer exist. The ordinance establishes methods for resolving the location of wetland boundaries if they are disputed. The ordinance also provides a procedure for removing a wetland from the Wetlands Overlay District or amending its boundaries. In addition,the ordinance does not take the place of Wetland Conservation Act regulations but is in addition to them. The WCA rules primarily deal with work within a wetland; for example,WCA does not require wetland buffers. The primary focus of the new ordinance is to protect wetlands by establishing what activities or improvements the City will allow both within and near wetlands. While the proposed ordinance is intended to be consistent with WCA and MCWD rules,the City is not at this time becoming the Local Government Unit for administering the WCA rules in Orono; although Staff anticipates the City reacquiring that responsibility in the future. For the time being the Minnehaha Creek Watershed District has that responsibility. Gaffron stated the ordinance establishes that wetland buffers must be created whenever a wetland is being altered,replaced or restored,whenever new development occurs; and whenever redevelopment, construction or land alteration activity occurs that has the potential to adversely impact a wetland. The ordinance also establishes standards for the creation and maintenance of the required buffers. Required buffer widths,ranging from 15 feet to 50 feet, will be determined on the basis of the function, values, and susceptibility of individual wetlands,rather than merely on the size of the wetland. Gaffron indicated the ordinance establishes a listing of permitted and conditional uses allowable within wetlands and wetland buffers; establishes standards for protection of wetlands and buffer areas; establishes required setbacks from buffers(20'); and addresses the conformity/nonconformity status of pre-existing conditions that make buffer establishment difficult or impossible. The ordinance establishes a permit approval procedure and minimum standards for alteration of wetlands. In addition,the ordinance establishes a requirement for dedication of wetland and buffer easements,and for marking of wetland buffers for certain types of development. The ordinance establishes violations as a misdemeanor and lays out procedures for preventing or remedying violations. Gaffron noted the Minnehaha Creek Watershed District submitted a letter to the City regarding the ordinance amendment. Gaffron stated the MCWD is recommending that common sets of baseline information be utilized, such as the MCWD Functional Assessment of Wetlands, as a tool for identifying geographic location, approximate size, function and value,and management classification. The MCWD is recommending that the City be consistent with the classifications indicated in the FAW. Gaffron noted the MCWD currently calls for a wetland buffer of 16.5 feet where the City calls for a wetland buffer of PAGE 2