07-14-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 14, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 19 (7. #14-3674 LORI GHERARDI ON BEHALF OF WOLVERTON PLACE, LLC – 4570 WOLVERTON PLACE – CONSERVATION EASEMENT VACATION, Continued) Levang indicated she also is in agreement with the vacation of the easement and the recovery of the fee as outlined in Staff’s report. Mattick asked if a public hearing has been held on this matter. Curtis indicated the public hearing was held at the Planning Commission meeting. Revis Stephenson, 1850 Fox Ridge Road, stated he is the owner of the property. Stephenson stated there was no discussion at the Planning Commission regarding the fee reimbursement so he had no opportunity to address it. Stephenson stated the original resolution the City approved when they vacated a portion of the easement says that the portion of the grassland affecting the subject property is no longer needed for public purpose and, whereas, the Council has determined that it is in the public interest to vacate the conservation easement as it affects the subject property. Stephenson noted there was no mention of any fee previously and that he is confused why his piece should be subject to it when the other piece was not. Stephenson asked if the fee is always proportionate to the amount of property subject to the easement. Curtis indicated the fee is determined based on the amount of land being developed. Curtis stated the credit is given up to 50 percent based on the amount of land granted in the easement. Stephenson asked how the Pine View development worked. Curtis indicated that property is not in the five-acre zone. Curtis stated the credit is only available in the 5-acre zoning district. Stephenson asked if it is in the 5-acre zone, whether it is always as a percentage of the amount of land that is in the easement. Gaffron stated the area put into a conservation easement allows the owner the ability to have a credit against the stormwater fee. City Code allows up to 50 percent credit, which is based on a percentage of the total property area that is put into easement. Gaffron stated if 40 percent of the total property is put into an easement, the property owner would receive a 40 percent credit. Gaffron stated the idea is that since areas are being preserved to treat or manage stormwater coming off the property, that the property owner should receive a credit for that. Stephenson asked if it is always done that way. Gaffron stated it has been done that way because it is in a 5-acre zoning district.