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06/18/2012 Planning Commission Minutes
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06/18/2012 Planning Commission Minutes
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MINUTES OF THE <br /> . ORONO PLANNING COMMISSION MEETING <br /> � Monday,June 18,2012 <br /> , 6:30 o'clock p.m. <br /> As a result of the survey, it is clear that the City of Orono has been approving far more hardcover <br /> variances than are generally seen in the other surrounding communities. Gozola stated any time a City is <br /> granting that number of variances, it speaks to a problem with the code requirement and not to the <br /> variance process. <br /> In recognition of all these variances that have been approved, along with the frequent requests over the <br /> years by the homeowners asking for more flexibility with regards to hardcover,the City Council created a <br /> task force to study the issue and to help draft some language for a new ordinance. The process began <br /> with the Planning Commission and City Council compiling a list of goals for the draft ordinance. Those � <br /> goals were subsequently presented to the task force that was established by the City Council. The task <br /> force helped develop more specifics with each of the goals and assisted in the creation of an overall <br /> framework for the performance based option that was initially proposed. <br /> The performance based option was specifically crafted to address each and every one of the identified <br /> goals but it was deemed to be a little ahead of its time by the Planning Commission and City Council. <br /> ' Basically the performance based option coordinated all of the City's hardcover regulations into one <br /> overlay district,multiple terms referring to the same thing were revised and consolidated, gaps in the <br /> current regulatory system were filled as appropriate,and the focus of hardcover regulation was moved <br /> from meeting a straight hardcover regulation towards providing evidence that a proposed plan could meet <br /> a water quality goal for the City. <br /> Gozola indicated that all parties seemed to like what the performance based option had to offer but there <br /> were some major concerns that were raised against moving forward with that option. The first concern <br /> focused on the absence of the anticipated SMIDS calculator,which is the Stormwater Minimal Impact � <br /> Design Standards that is still underway at the state level. Gozola stated the City had anticipated it would <br /> be done by this point in time but work is still being completed on that method of calculation. The study, <br /> once it is a completed,will provide a guide to all cities in Minnesota on the state-of-the-art technology in <br /> stormwater management with a focus on better water quality and increased flexibility for regulatory <br /> programs. The SMIDS calculator IS something that will help communities examine proposed BMPs <br /> fairly from site to site and help lower overall costs for residents who are preparing plans to show that they <br /> are meeting a certain water quality. Without that calculator,the City Council expressed a lot of concern <br /> about potential costs for applicants and fairness in how different properties would be looked at. The final <br /> issue with the performance based option was the identified need for an enforcement mechanism. If the <br /> City is approving plans with specialized BMPs on a site-to-site basis, it becomes apparent that the City <br /> will need to perioiiically inspect the properties to make sure that these BMPs are installed properly and <br /> maintained properly over time. Gozola stated at this particular point the City was not interested in that <br /> route. <br /> Gozola stated the City Council then decided that a middle ground option would be more appropriate at <br /> this time and Staff was asked to amend the performance based option and only focus on what was termed <br /> the low hanging fruit issues. The first goal was cleaning up the terms so that only one term is used,which <br /> is hardcover. The second goal was to clean up the definition of hardcover. Instead of saying that <br /> everything that does not allow water into the ground would be deemed hardcover,the City Council <br /> wanted to provide some flexibility. The final goals were to close the gaps in the regulations,to allow <br /> each homeowner a credit for a patio or a deck,and elimination of the roof overhang penalty. Gozola <br /> noted this option abolishes the various hardcover zones and creates a new overlay district. <br /> Page 2 <br />
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