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• MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2010 7:00 o'clock p.m. • PLANNING DEPARTMENT REPORT 3. #05 -3164 CITY OF ORONO — CONSERVATION DESIGN ORDINANCE — ORDINANCE ADOPTION NO. 67, THIRD SERIES Gaffron stated this application relates to an ordinance drafted pursuant to the Rural Oasis Study. The ordinance is called the Conservation Design Ordinance and adds a number of sections to Chapter 78. The ordinance adds a conservation design master planning requirement that is applicable to all proposed residential subdivisions or multi -unit residential developments that are greater than five acres in total area or guided for urban density, which is considered to be greater than one unit per two acres. The ordinance has a goal of preserving and enhancing the ecological and aesthetic character of the City by requiring protection and enhancement of drainageways and water quality protection, enhancement of ecological communities, reinforcement and establishment of ecological connections throughout the City, identifying and preserving view sheds, including corridors and buffering, preservation and improvement of views, and preservation of interpretation of local landmarks. The City Council initially reviewed this ordinance back in 2005 but was not moved forward due to concerns regarding density. Gaffron noted that two of the elements of the ordinance remain unchanged. Item No. 1 relates to the MLCCS Classification System. While the MLCCS M -34X system of defining the quality of natural communities is referenced in the text and is required to be used in the natural resources inventory process, it has not replaced the 3 -level management classification system that was • defined in the Rural Oasis Study. However, that management classification system has been re- titled from `Ecological Quality Levels" to "Ecological Management Categories," reflecting that the MLCCS system identifies the quality and condition of a natural community, while the Ecological Management Categories establish a management classification that takes into account additional factors and result in a determination of whether a natural community should be preserved, enhanced, or changed. Staff sees these two systems as having independent goals and views them as complementing each other. Item No. 2 relates to Density Bonus standards. The City Council as early as 2005 indicated interest in offering the possibility of density bonuses for urban development, but absolutely not for rural development. The initial versions of the ordinance in 2005 attempted to define numerically the density levels that a developer could expect to achieve by going above and beyond the Conservation Design requirements in the urban area. The numerical expectations were subsequently removed from the ordinance draft as the Council expressed a concern that leaving them in would reduce the level of flexibility the City wished to maintain in site - specific density allowances. At the same time, the ordinance limits the extent of a bonus by capping density at the high end of the guided density range and does not guarantee density above the base level of that range. The Planning Commission has reviewed this application previously on two separate occasions in 2009. The review process has included two public hearings during which public comments were received. At both public hearings, Jennifer Haskamp of Pulse Land Group, Inc., spoke on behalf of Susan Seeland. Staff has met with Ms. Haskamp after the August hearing and subsequently made a number of revisions to the text to address two of her concerns.' n U Page 2