01-26-2015 Council Packet - Laserfiche WebLink

Home Browse Search

� s C�7UNCIL MEETING Date Application Received: NA �AN 2 6 2015 Date Application Considered as Complete: NA 60-Day Review Period Eapires: NA CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: January 22, 2015 Item No. '7 �— Department Approval: Administrator Approval: Agenda Section: Name:Mike Gaffron Planning Title: Senior Planne Item Description: 14-3710 Amend Zoning Ordinance Text: Amend Sections 78-967 and 78-1286-r Increase 0-75' Zone Filling&Grading Administrative Permit Threshold List of Ezhibits: Exhibit A. Draft Ordinance & Draft Summary Ordinance Exhibit B. PC Memo and Exhibit dated 1/20/15 Summary of Request: This amendment modifies the provisions for site grading by increasing the administrative permit threshold from 10 cubic yards to 50 cubic yards within the 0-75 setback area of shoreland ro erties. Planning Commission Recommendation: On 1/20/2015 the Planning Commission held a public hearing and recommended adoption of the proposed code amendment on a vote of 6-0. Staff Recommendation: Staff recommends approval of the ordinance as drafted. Zoning Code Section 78-966 establishes that virtually all land alteration activities within Orono require a Conditional Use Permit. Section 78-967 defines three specific exceptions to the CUP requirement,the third of which is "grading, filling or excavating of ten cubic yards or less within the shore setback zone of all lakes enumerated in article IX of(the zoning) chapter." This 10 cubic yards exception,the rough equivalent of 1 dump truck load, was added to the code in the 1990s to accommodate requests for topdressing, rut repair, animal burrowing damage, etc. without the need for a rigorous CUP review process. The proposed change increases the administrative permit threshold from 10 cubic yards to 50 cubic yards for shoreland properties within the 0-75 setback area. This allows for administrative zoning permit approvals for things like in-ground stairways, ice ridge corrections, landscaping, etc. Text within the Shoreland Ordinance Section 78-1286 will also be revised to indicate the threshold change from 10 to 50 cubic yards. Section 78-967 also includes an exception to the CUP requirement for any earth movement under 500 cubic yards which does not adversely impact the existing drainage. The Planning Commission supported changes to increase the 10 cubic yards to 50,but did not support changing the 500 cubic yards CUP threshold to 1,500. The reason for lack of support for that change was that there are a very sma11 number of these cases that come up per yeax�,the number of trucks associated with 500 or more cubic yards (approx. 50 truck loads) and potential for substantial neighborhood disruption suggest it would be appropriate to allow the opportunity for neighborhood input. That increase is not part of the proposed amendment.