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HomeMy WebLinkAbout10-18-2021 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION Monday,October 18,2021 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Commissioners Chris Bollis,Bob Erickson,Matt Gettman,Jon Ressler,and Dennis Libby. Chair Scott Kirchner and Commissioner Mark McCutcheon were absent.Representing Staff were Community Development Director Jeremy Barnhart and City Planner Laura Oakden. Vice Chair Ressler called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance. APPROVAL OF AGENDA Libby moved,Bollis seconded,to approve the Agenda.VOTE: Ayes 5,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 20,2021 Gettman moved,Bollis seconded,to approve the Minutes of the Orono Planning Commission meeting of September 20,2021 as submitted.VOTE: Ayes 5,Nays 0. PUBLIC HEARINGS 1. LA21-000065 CITY OF ORONO PROPOSES A TEXT AMENDMENT TO CITY CODE CHAPTER 78-ZONING REGULATIONS RELATED TO ANIMAL UNITS. (STAFF: LAURA OAKDEN) Staff presented a summary packet of information. City Planner Oakden stated the City proposes a text amendment to animal units to include honeybee hives;the City regulates honeybees under farm animals and animal units has not yet been established. Farm animals, other than horses,require a minimum of 2 acres of land and the number of farm animals allowed is based on the acreage of the property and corresponding animal units. Typically animal units are determined by the weight of the animal. Honeybees are not regulated by weight but by number of hives.After research it was found that ranges fall within 1-6 hives/animal unit for the keeping of residential honeybees. Staff recommends 6 honeybee hives as one animal unit. The Commissioners asked clarifying questions of Ms. Oakden,finding out that residents have called the City to find out how many hives they can have and Staff has been unable to advise in that way. They learned that honeybees are already allowed in the City Code as an allowed farm animal,but it does not define a number. Vice Chair Ressler opened the public hearing at 6:10 p.m. Vice Chair Ressler closed the public hearing at 6:10 p.m. Bollis clarified it is not people opposed to having bees but rather people who want to follow the law and regulations. He is opposed to putting a unit number on it for Rural Residential(RR)districts because the person managing the bees knows more than the Planning Commission as to how many units they can have on their property.He thinks Conditional Use Permits (CUPs)can be handled on a case-by-case basis as there is plenty of regulation already on it. Bollis noted people may start out with 12 hives in a year and end up with 2 surviving. If they are targeting 6 hives they should at least double that number to allow for Page 1 of 3 MINUTES OF THE ORONO PLANNING COMMISSION Monday,October 18,2021 6:00 o'clock p.m. maintaining that number of hives.He is opposed to regulation;however,if there has to be a number on it he thinks it should be higher. He clarified that 10 hives would take up an 8x8 space. Finally,Bollis noted that counting these as an animal unit against other animals is hard as they have a symbiotic relationship with a horse,they are not taking up the space that a horse does.He thinks it is confusing to tie it together in the Code like that.Bollis does not think the honeybee hives should count against the aggregate total of animals. The Commissioners discussed whether to separate out the RR district and whether to have two separate standards. Oakden clarified currently she is proposing to amend the animal unit definition which is a flat one animal unit equals six hives. She noted it is regulated differently within different districts. Libby spoke in favor of the text amendment as presented. Bollis stated,respectfully,there are many family farms operating in Orono and he does not think it makes sense to regulate when there is no need for it.If there is a way to draft it so they are not regulating those properties that would be great.He also does not believe the wetlands should be counted out of that acreage because they are critical for the bees,and vice-versa. The Commission discussed the issue further,with Ressler and Libby noting Bollis brings up some thorough and interesting points. Libby is uncomfortable with the idea of an animal unit that could negate the ability to have another commonly owned recreational animal such as a horse or a goat.He is not comfortable voting and would make a motion to table until it is further researched and discussed. Erickson would like to see how other cities in the area handle honeybees. Oakden shared that many neighbors do not permit honeybees or are silent about the issue within their code. Barnhart suggested removing honeybees from the definition of farm animals.Based on Staff workload, it would likely not go before the Commission the following month. Bollis suggested honeybees come out as a farm animal and honeybees are a CUP in the Lakeshore Overlay District.He noted that might be a better way to regulate it. Ressler agreed. Bollis moved,Gettman seconded,to approve LA21-000065,Text Amendment to City Code Chapter 78,striking honeybees from "farm animals"so they would be unregulated in the Rural Residential District,and to draft regulation to make honeybees a CUP in the LR Districts with a number not to exceed 12 hives per acre.VOTE: Ayes: 5,Nays 0. 2. LA21-000067 CITY OF ORONO PROPOSES A TEXT AMENDMENT TO SECTION 78- 1379 REGARDING SOLAR ENERGY SYSTEMS.(STAFF: JEREMY BARNHART) Page 2 of 3 MINUTES OF THE ORONO PLANNING COMMISSION Monday,October 18,2021 6:00 o'clock p.m. Staff presented a summary packet of information.Barnhart said over the last year the Commissioners have reviewed two variances for the maximum amount of roof plane coverage that a solar panel could cover.The Planning Commission and City Council approved those variances.The ordinance tonight is to remove the 70%restriction;there would still be a restriction as to what the building code would allow. Ressler opened the public hearing at 6:46 p.m. Ressler closed the public hearing at 6:46 p.m. Gettman moved,Bollis seconded,to approve LA21-000067 City Of Orono Text Amendment to Section 78-1379 Regarding Solar Energy Systems.VOTE: Ayes: 5,Nays 0. OTHER BUSINESS—Update on October 11,2021 City Council Meeting Barnhart said most things were approved by the City Council with the exception of the variance at 1074 Loma Linda which was tabled.The Council had challenges with the expansion of the garage up into the setback;they tabled allowing the Applicant to reconfigure. ADJOURNMENT Libby moved,Erickson seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 5, Nays 0. The Orono Planning Commission meeting adjourned at 6:50 p.m. ATTEST: t„....1*1171 Chair Page 3 of 3