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MINUTES OF TIiE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,June 18,2012 <br /> 6:30 o'clock p.m. <br /> Section 8 will update terms to reference hardcover rather than impervious surface. Section 9 makes a <br /> slight amendment to the definition of MLCCS by inserting the term hardcover rather than impervious � <br /> surface. Section 10 inserts some reserve sections at the end of the existing City Code to set up the <br /> location for the new overlay district and follows the same format as the existing code. <br /> Section 11 is the main body of the overlay district and follows the existing format used in the rest of the <br /> code. Section XIII,Division 1, is entitled In General,which outlines the purpose of the regulations and <br /> adopts the official map. Under this section, if a parcel is identified in the overlay district, it needs to <br /> adhere to the regulations of the new ordinance. Division 2 of the overlay district establishes the general <br /> regulations that all parcels within the overlay district need to adhere to and contains the majority of the <br /> regulations that have been moved from the existing sections. <br /> Section 78-1680 maintains the exiting prohibition on hardcover within 75 feet of the ordinary high water <br /> mark for lakes and streams. Sections 78-1681 and 78-1682 maintain the existing regulations on <br /> driveways and shared driveways. Section 78-1683 re-establishes the existing regulations for standard <br /> hardcover, such as proof of a garage,proof that there will be a sidewalk adjacent to the driveway up to the <br /> front door,etc. It also adds a new subdivision that states if there is hardcover encroaching on your <br /> neighbor's property,that hardcover will be counted against you,which is a clarification from the e�sting <br /> language. <br /> Gozola noted Section 78-1684 re-establishes existing hardcover exclusions such as public roads and trails <br /> and follows up the new language in the last section with clarification that a property owner will not be <br /> penalized for their neighbor's hardcover. Section 78-1685, entitled massing standards,re-establishes the <br /> existing standards for massing in industrial and nonindustrial areas. <br /> Division 3 contains the specific regulations based on the assigned protection tier for the underlying <br /> zoning district. Gozola noted the existing code does not regulate all of these properties in the same way <br /> and neither will the new ordinance. As is the case with the current regulations,the new regulations are <br /> going to be more restrictive with properties that are near the lake and less restrictive on properties that are <br /> located further from the water bodies.The proposed regulations under this proposed overlay district are <br /> essentially the same as in the existing code. In the new ordinance,all properties are assigned a protection � <br /> tier on the overlay map. If the property is primarily regulated by the second hardcover zone, it would be <br /> Tier 2. These tiers correspond directly to the tiers listed in the first section of Division 3. Tier 1 would <br /> regulate parcels based on 25 percent of the gross land area between the OHWL and a distance of 250 <br /> from the OHWL. Tier 2 is 30 percent based on the gross lot area,Tier 3 is regulating 35 percent based on <br /> the gross lot area,Tier 4 is 50 percent, and Tier 5 is 85 percent. These percentages are exactly the same <br /> as what is in the existing ordinance with the exception of Tier 1. <br /> Under the City's current code,the land area from the OHWL to 75 feet from the OHWL is currently . <br /> excluded from the area from which hardcover is calculated on a parcel. Under the new overlay district, <br /> that area would now be factored into that calculation,which would allow for additional hardcover <br /> throughout the community. This amendment is not going to represent a significant increase in actual <br /> hardcover since the community has regularly granted variances up to and around 25 percent for a large <br /> number of properties. Essentially with this change the City is acknowledging that they are likely to grant <br /> variances up to 25 percent anyway so that will now be a permitted level. Gozola stated along with this <br /> change, it is going to be very important for the Planning Commission and the City Council to change its <br /> mindset with regard to how hardcover variances are granted. The City should move away from granting <br /> Page 4 <br />