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MINUTES OF T� <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,November 16,2009 <br /> 6:30 o'clock p.m. <br /> (#05-3164 CITY OF ORONO, CONSERVATION DESIGN ORDINANCE, CONTINUED) <br /> ordinance,which is a scientific,regionally recognized way of categorizing the land. Haskamp asked why <br /> that system of classification is not being utilized. The City's method of classification ties into how an <br /> application moves through the process. <br /> The second issue relates to the ordinance being an incentive based ordinance. On page seven,there is a <br /> small section relating to density bonuses. Haskamp pointed out that section relates only to urban densities <br /> greater than one unit per two acres and does not relate to rural densities,which they feel should also be <br /> included. Haskamp asked what incentives there are for rural densities to use conservation principles,such <br /> as allowing clustering, alternative wastewater management, etc. <br /> Haskamp noted they only received the ordinance on Friday and that they would like the opportunity to <br /> submit a more technical analysis of the ordinance. <br /> Kang asked why the City decided not to use the MLCCS categories. <br /> Gaffron indicated Staff felt that using the MLCCS categories was like comparing apples and oranges as it <br /> relates to this ordinance. The original term was ecological quality levels,which was changed to <br /> ecological management categories. Staff wanted to make a distinction between the process and the goals <br /> of management strategy versus defining what a level of quality a property is. The M-34X modifiers are <br /> intended to categorize natural communities under different categories,which are related to the condition <br /> of the property or of a native community. <br /> The basis for this change is that the M-34X Modifiers are intended to categorize natural communities as <br /> (A)highest quality—no disturbance and natural processes intact: (B)Good quality—natural processes <br /> intact,but show signs of past human impacts; (C)Moderate condition—obvious past disturbance but still <br /> clearly recognizable as a natural community; and(D)Poor condition—includes some natives,but is <br /> dominated by non-natives and is widely disturbed and altered. The ordinance, on the other hand, <br /> categorizes communities into 3 "management"levels: (1)Ecological"off limits"areas such as wetlands, <br /> buffers,required drainage,etc.; (2)Ecological"opportunities,"including existing degraded drainage ways <br /> and existing degraded ecosystem remnants; and(3)Ecological"possibilities,"i.e., areas so degraded as to <br /> not be worth of preservation, and therefore suitable for converting to uses such as storm water treatment. <br /> Gaffron stated as an example, a poor condition wetland would be categorized for management purposes <br /> as off-limits. Putting the two concepts together would be difficult and would result in two different <br /> classifications. <br /> Gaffron stated as it relates to density bonuses for rural areas,the ordinance does not specifically prohibit <br /> some of the things that may be viewed as an incentive by the developer, such as clustering. The City <br /> Council decided a number of years ago as they were�rst considering this ordinance that they did not want <br /> to encourage density in the rural areas or redefine their two-acre and five-acre minimum size densities. <br /> The City does allow clustering in rural areas,which can be viewed as an incentive,but still allows the <br /> City to maintain its overall density. <br /> Kang asked if Orono is unique as compared to other cities by having these categories. <br /> Gaffron commented that in his view this ordinance reflects the views that the City Councils have taken <br /> over the past 30 to 40 years. This ordinance does not result in significant changes in how Orono will <br /> Page 3 <br />