02/17/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 17, 2004 6:00 o'clock p.m. (#7) #04-2985 TOM CULLUM, 785 FERNDALE ROAD NORTH, VARIANCE—Continued) regulations. These regulations provide degrees of flexibility for certain types of wetland alteration activities which are seen as positive rather than detrimental, and they provide for mitigation of negative impacts when they are unavoidable. The WCA regulations also provide standards and opportunities for wetland restoration, where prior human activity has changed or degraded a wetland and it is possible to bring it back to nearer its original conditions. On the other hand, Gaffron indicated that Orono's ordinances have never been specifically revised to accommodate the WCA regulations; the Zoning Code still simply prohibits filling within a wetland (requiring a variance and showing of a hardship) and requires a conditional use permit for land alterations in, or within 26'of, a wetland. The Zoning Code provides virtually no specific standards for when a wetland alteration should be allowed, and in the Shoreland section merely suggests a list of factors to be considered; however, the City's Surface Water Management Plan(SWMP) in Section 5 "Wetlands Management"does establish a detailed management approach to maintaining or improving the City's wetland resources. Gaffron pointed out that the applicant initially contacted staff regarding this project a year ago, and has engaged a variety of professionals to design a project that would meet the WCA guidelines for a wetland restoration,No-Loss status. The MCWD as the designated LGU for Orono has approved the project with certain conditions. This application was directed by staff to John Smyth, Water Resource Specialist with Bonestroo & Associates, the City's engineering and environmental consultants. His favorable comments reflect that the project will result in an overall improvement to the wetland. He notes that the additional wetland to be created will meet the WCA replacement guidelines. He also notes that this project could in fact be considered as a restoration, and he recommends approval conditioned on 1) that the City receive a copy of the executed buffer preservation declaration required by the MCWD, and 2) that the City be provided with the required ongoing monitoring reports. Staff is satisfied that the basic considerations regarding the functions and values of this wetland have been taken into consideration by the variety of reviewers of this proposal, all of whom have recommended or granted approval. Staff recommends approval of the variance and CUP to allow the wetland alteration project including filling of a portion of the wetland and excavation within 26'of the wetland,per the plan approved by the MCWD and subject to the conditions thereof, and subject to the following provisions as recommended by the City wetlands consultant: PAGE 14 of 19