09/19/2005 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 19,2005 6:00 o'clock p.m. (#05-3131 STEVE BOHL,CONTINUED) Gaffron stated the City's new Wetland Ordinance designates this wetland,including its extensions into Lots 8 and 10,as being a"Manage 2"protection classification,requiring a 25 foot buffer plus 20 feet structure setback from the buffer. In Staff's discussions with the MCWD,it was pointed out that the MCWD would treat the wetland extensions as part of the main wetland body for buffer purposes. Gaffron stated this will have a significant impact by reducing the buildable area within Lots 7, 8, 9, and 10,which has not been accounted for in the current plans. The Park Commission has reviewed this plat at their September meeting and has recommended that a ten-foot trail easement be established within the property along Willow Drive. This easement would allow flexibility in the development of trail connections to Hackberry Park. Gaffron stated the applicant has been informed that the City would like this project to incorporate elements of Conservation Design, as this are adjacent to Willow Drive was the subject of a specific ecological analysis by DSU as part of the Rural Oasis Study. The preliminary plat and grading/drainage/utility plans provided to date do not specifically provide the level of information to adequately address the visual impacts of this development. Gaffron stated the remaining issues to resolve include the following: 1. The Applicant must provide suitable plans and elevation views showing how development of the site can meet the City's Conservation Design goals. 2. The plan must be revised to show the 45 foot combined wetland buffer/setback as it impacts the defined buildable envelope of Lots 6 through 10. If, as a result, one or more of these lots becomes functionally unbuidable,revisions will have to be made to accommodate that. Alternatively,the applicant could take the appropriate steps to challenge the wetland's management classification and hope for a lesser buffer requirement. Gronberg stated there is an unnatural waterway that was created by the church,which has a huge impact on the amount of buildable land that would be available if they are required to have a 45-foot buffer from questionable wetlands. Gronberg stated having the same buffer zones for Type I and Type II wetlands is going to have a great impact on a number of properties throughout the City. Gaffron noted the City has recently adopted the Wetland Ordinance. Gaffron stated if the City is going to be consistent with the Watershed District, those areas would be considered as one type of wetland. Bohland inquired what the Watershed's buffer would be. Gaffron indicated it would be 25 feet. Gaffron stated there is a buffer and a setback from the buffer. Bohland stated in his view the regulations governing wetlands has become unreasonably restricted and that mitigation of wetlands on site is no longer being allowed. Bohland stated the fact that they are not PAGE 15