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HomeMy WebLinkAbout08-18-1993 Joint Council and PC Work Session Minutes Joint Council and Planning Commission Work Session August 18, 1993 A Joint Work Session of the City Council and Planning Commission of the City of Orono was held pursuant to notice at 6:30 p.m., Wednesday, August 18, 1993 at the Orono Council Chambers. Mayor Edward Callahan and Councilmembers J. Diann Goetten, Gabriel Jabbour and JoEllen Hurr were present representing Council. Planning Commission representatives in attendance were Chairman Charles Schroeder and Planning Commission members Candy Rowlette, Sandee Smith and Charles Nolan. Building and Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, and Recorder Lin Vee were present representing staff. Planning Commission Chairman Schroeder began the meeting by stating the intention of the work session is for the Council to give the Planning Commission some perspective as to what is happening with the B-2 zoning situation. Mayor Callahan explained that the section of the code being discussed is that which deals with zoning and land use for marinas. Questions began when the staff raised issues about the licensing procedures. The actual problems seem to revolve around possible violations of the land use section. Other problems involved the amount of the license fee, how many boats could be stored on the property, etc. As the Council looked at the code, two separate sections were evident; one dealing with licensing and the other with land use. The licensing section repeated almost verbatim everything that was in the land use section. A Lake Use Committee was formed consisting of present Councilmembers and Mr. Schroeder who determined there should be separate sections for licensing and land use for marinas. These two sections have now been separated leaving one of the grounds for revocation of the license that the marina must comply with land use regulations. The licensing section has now eliminated all reference to counting boats. The B-2 section was referred to the Planning Commission and it was unclear to them what Council had to say about the B-2 section. After looking at the B-2 section, it was found that the marinas were basically operating in compliance with the code. Mayor Callahan had the following suggestions: 1) Remove all reference to the LMCD from the ordinance. 2) Beyond providing necessary space for parking, the marinas should be allowed to do business as they wish as long as proper setbacks, hardcover and other land use issues are followed. 3) Avoid counting boats. Jabbour noted two instances in which the City has gone to court to gain compliance with dock lengths at marinas in the past. It was his opinion that the City should take a position that is equitable, fair and reasonable and is easy for staff to monitor. As long as the marina activity 1 Joint Council and Planning Commission Work Session August 18, 1993 does not encroach onto the residential area and drive property values down, flexibility should be given to operators to change as the market changes. Hurr questioned how the adequacy of parking could be considered without looking at the magnitude of the business and the potential number of boats that could go in the water. Callahan noted that the major goal in parking is to avoid parking on the street and it may be true that reference to numhers of boats may be the only was to come up with a formula for adequate parking. However, he would like to see some kind of plan developed which avoids counting boats, i.e. a site plan with envelope for parking agreed upon by both parties. Goetten stated there was a lot of confrontation between the City and Orono marinas in the early 1980's. From discussions last year, it was determined that there should be realistic expectations on both sides so they can work together, since the marinas will continue to operate in the City. She asked if the Planning Commission agrees with these ideas and what kind of changes the Planning Commission might want to see or not see, if any. Callahan agreed that hardcover and other issues should be looked at in relation to reality. He is unaware of any reports of "bad" parking problems so whatever is being done seems to be working. Hurr stated she has a problem accepting things as they are since other areas cannot do anything in the 0-75' zone. The City should try to achieve some improvements environmentally on the sites rather than accept the status quo. Because the City has such strict standards, she feels some improvements were gained in the preliminary DNR plan for Gayle's Marina and the adjacent properties. Jabbour added that a 0' lake setback is not what he wants either but a 75' setback is unrealistic for most of the marinas. Vertical density should also be addressed as the Planning Commission discusses the marinas. Cruise boats (charter boats) are looking for alternative homes and Orono should be ready to respond to parking issues for them. Studies have shown that only 20% of the boats are on the lake at one time but boat clubs have back-to-back usage, probably 50-100%. He feels the marina operator should be able to "pick and choose" how he wants to use his space. Hun suggested the Planning Commission members involve the marina owners in their discussions to get their input. She is most concerned about environmental issues such as runoff into the lake. Jabbour noted that rules and regulations help to keep pricing fair and equitable when marinas are on the market for sale. It helps the owner, buyer and City. 2 Joint Council and Planning Commission Work Session August 18, 1993 Charles Nolan asked what types of complaints have been received from the neighbors over the years. Council members gave the following examples: 1. Intrusion on neighboring properties by boats or walking across the property. 2. A 5' setback at Lakeside Marina between residential property which was to be open from the ground to sky, had boats and/or cars backed up to property lines. 3. Lakeside Marina has a pumpout station next to neighbor where boats wash off in the lake. 4. Noise for the immediate neighbors. 5. Bohn's Point residents objected to the blue vinyl fence and three tier dry stacking of boats. During an inspection last year, Callahan observed that Lakeside was maintaining the setback. He added that because a couple residential properties are between the marinas, problems are intensified at Lakeside. Hurr noted that the "Quiet Waters" zones have benefitted residential areas. Schroeder concluded the meeting by stating there are many concerns to be discussed by the Planning Commission. They should review how the licensing section was determined and environmental issues. Council would like to see changes made by October or the beginning of November so they can be in place by the new year. Hurr thought other commercial development within the City could also be looked at, as code for marinas should not be much more lenient than other commercial areas. The Joint Meeting adjourned at 7:08 p.m. 3