01/22/2013 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 22,2013 6:30 o'clock p.m. Curtis stated the area will remain as it is currently. Curtis noted a portion of it will remain grass once the road is constructed. Schoenzeit moved,Landgraver seconded,to recommend approval of Application#13-3589,Bauer Design,Inc.,on behalf of Pine Corner Properties,450 Old Crystal Bay Road North,subject to staff recommendations and the condition that a cross easement or other agreement be entered into in order to deal with future parking considerations if one or both properties come under different ownership. VOTE: Ayes 4,Nays 0. 6. 12-3586 CITY OF ORONO,ZONING CODE—CODE AMENDMENTS REGARDING ANIMALS,7:20 P.M.—8:10 P.M. Curtis noted this application initially was a pair of housekeeping text amendments to Sections 78-394, 78- �419, and 78-443 regarding the keeping of farm animals as an accessory use in Rural Residential Districts. The revision would eliminate language that was inadvertently added via Ordinance 82,Third Series,in December of 2010, suggesting a conditional use permit is needed for this accessory use in RR districts; and Section 78-566 correcting a cross-reference to the list of accessory uses in the RS Seasonal Recreational District which was not corrected when Ordinance 90 Third Series was adopted in December, 2011. At the December 10,2012,City Council meeting tabled the amendment and directed Staff to broaden its scope to additionally address two animal-related topics: 1. Define a process and/or provide guidelines for Council's use of its discretion in determining whether or when to allow horse pasture requirements to be reduced; and 2. Review and address the issue of how many chickens or fowl can be harbored on a residential property;the inference being that current code defining 50 chickens as one animal unit coupled with one animal unit allowed per acre may be excessive. Curtis stated while the text language has been restructured slightly since 1975,the basic elements have not changed. The following are a few key concepts that should be reinforced: 1. At least three acres are required to have a horse,of which two acres must be open pasture. This means that most properties developed in Orono's 2-acre zone in the past 35 to 40 years cannot have a horse. 2. Only two acres are required to have animals other than horses: "There must be at least one acre for the dwelling and one acre for each animal unit." The code previous indicated this non- dwelling acre is"in aggregate"but it has never stated for such non-horse animals that this acre must be pasture. The question of fractional animal units should be answered. On a 1.9 acre lot,there are two potential - interpretations of the code: - One cannot have any farm animals; or - One can have 0.9 anixnal unit. Page 9 of 18