06-17-2013 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 20, 2013 6:30 o’clock p.m. _____________________________________________________________________________________ Page 23 of 25 were a couple of tables in the code that talked about the protection classification, which is related to the functional assessment. Staff attempted to put the two tables that were in the code into one and acknowledge that the Watershed District is going to require buffers in certain situations and in keeping with the City’s Surface Water Management Plan. Gaffron stated Section 1605(c) establishes the new structure setback requirement from wetland edges and provides the City with authority to require wetland boundary delineation subject to the Planning Director’s determination of whether a Level 1 or a Level 2 delineation is required. Sections 1605 (d), (e) (f), (g), (h), and (i) are deleted as these all relate to buffer establishment and maintenance, which will now fall under the Watershed District’s jurisdiction. Section 78-1607 is slightly revised to eliminate references to conditional uses in wetland buffers except to address impacts on existing established buffers. Section 78-1608(2) establishes that wetland buffer protection will be under the Watershed District’s jurisdiction and Section 78-1608(3) is revised by addressing existing buffers in (a) and by deleting (c) and (d) which pertain to avoidance of future nonconformities and buffer flexibility. Gaffron stated the proposed revisions to the wetland ordinance functionally transfer the authority for requiring wetland buffers in Orono to the Watershed District. Staff believes that this code revision is neither in conflict with the provisions of the 2011 Orono Surface Water Management Plan nor the provisions of the 2008-2030 Community Management Plan. The Watershed District buffer rules will not apply to existing single-family residential properties, which should eliminate the primary issues the City has encountered in enforcing the current ordinance. The ability to conduct a relatively inexpensive and less time-consuming Level 1 wetland delineation in specified situations will make administration of the wetland setback ordinance more efficient. Thiesse asked if the City is doing any injustice to the wetlands by revising their standards. Gaffron stated in his opinion they are not. The ordinance establishes a 35-fot setback, which will provide a greater level of protection. Gaffron stated buffers are a good thing, but would avoid forcing them on people in situations where a private homeowner simply wants to do a small project that then evolves into something much more extensive than they had any expectation of. In addition, some of the regulations are difficult to administer and it is expensive for the property homeowners. Gaffron stated in his view the Watershed District is going to do a good job enforcing their regulations and that he is comfortable with where the City is headed with this. Lemke and Schoenzeit commented it is a nice job by Staff. Chair Leskinen opened the public hearing at 8:33 p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 8:33 p.m. Schoenzeit moved, Thiesse seconded, to recommend approval of Application 313-3601, City of Orono, Wetland Ordinance Amendment. VOTE: Ayes 6, Nays 0. Item #01 - PC Agenda - 06/17/2013 Approval of Planning Commission Minutes 05/20/2013 [Page 23 of 25]