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MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 28, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 18 (4. #13-3601 CITY OF ORONO – WETLANDS – ZONING ORDINANCE AMENDMENT, Continued) Levang asked on Page 4, Items B and C, if what it is saying is that it will be at the discretion of the Orono Planning Staff. The last line of B reads, “If application of the MCWD is in conflict with City regulations, the more restrictive requirements shall apply. Gaffron stated an example would be if they require a 25-foot buffer and the City requires a 35-foot setback, they would need to meet the 35-foot setback. There may be cases where the Watershed District does not require a buffer at all but the City will still require a 35-foot setback. Mattick stated that would not be a subjective standard but it would be a matter of comparing the two codes, with the stricter regulation being applied. Levang noted Item C on Page 5 states that the delineation will be at the discretion of the Planning Director. Gaffron indicated that is the one area in determining when an in-house delineation needs to be done versus telling the property owner that a professional needs to define the actual edge of the wetland. The discretionary part is determining at what point that delineation needs to be completed at a higher level. Levang asked what the trigger for that requirement would be. Gaffron indicated if you look at the last line, the requirement for delineation shall be applied where the wetland exists within 150 feet of the proposed project. Levang asked if that would then be an objective standard. Gaffron indicated it would be an objective standard. Even if you reduce it down to 100 feet, it would still exceed the maximum buffer that the Watershed District might require. Unless it is a close call as to where the edge is and where the setback is, Gaffron indicates he does not feel the City wants to go down the road of requiring wetland delineations since it is difficult to get people to complete them. The City’s goal would be to require them only when they are absolutely necessary. McMillan commented a lot of times people will see cattails and will think that is the edge of the wetland when it actuality the wetland starts before that based on the soils. McMillan commented she is not sure where Staff came up with that number but that it does provide quite a bit of protection. Gaffron indicated it is the same number used by Minnetrista and their intent was to have an easier situation for its residents to deal with. McMillan stated in her view 150 feet is very conservative and provides a good amount of protection. Gaffron stated the requirement for delineation might require it be done in-house but it might not require the hiring of a professional. Gaffron indicated Staff will attempt to use that discretion in a way that only hits the cases where it is a close call. Item #03 - CC Agenda - 06/10/2013 Approval of Council Minutes 05/28/2013 [Page 11 of 18]