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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, August 14, 2017 <br />7:00 o'clock p.m. <br />10. #17-3948 APEX HOLDINGS, LLC, 2635 KELLEY PARKWAY CUP SENIOR HOUSING <br />PROJECT, COMPREHENSIVE PLAN AMENDMENT, REZONING AND <br />PRELIMINARY MASTER PLAN, FINAL PLAT — Continued <br />Printup noted Orono will be responsible for that trail and to his understanding there was a tentative plan <br />to construct a trail along both the north and south sides of Highway 12. Printup stated if the developer <br />wants to construct a trail along Highway 12, he would be fine with that. <br />Walsh asked if that would be a private trail. <br />Barnhart stated if the trail is in the right-of-way, it will be a public trail. Barnhart stated the reason there <br />is a question on the issue is when Stonebay was originally developed, it was envisioned there would be a <br />trail along the south side. Barnhart stated the question is whether there would be a benefit to having a <br />private trail on the south side in addition to a public trail along Old Highway 12. <br />Walsh commented there does not need to be two trails. <br />Barnhart stated the next step would be for Staff to draft an approval resolution with the items discussed <br />this evening being incorporated into the resolution. Staff would then proceed forward with the <br />Comprehensive Plan amendment. Barnhart noted he does not have the final height for the building and <br />that it might be as high as 32 feet. <br />Gori stated if the height of the building is above 32 feet, he can reduce the slope of the roof to get it at 32 <br />feet or below. Gori noted the hardcover is higher than normal since they are proposing 63 parking to <br />accommodate visitors, which is probably more than what will be needed. <br />Seals moved, Crosby seconded, Application No. 17-3948, Apex Holdings, LLC, 2635 Kelley <br />Parkway, to direct Staff to draft a resolution of approval for the preliminary master plan, <br />comprehensive plan amendment, rezoning to RPUD, conditional use permit, and final plat based on <br />tonight's discussion. VOTE: Ayes 5, Nays 0, <br />11. #7-3953 CITY OF ORONO, TEXT AMENDMENTS RELATED TO NON - <br />ENCROACHMENTS <br />Barnhart reviewed his Staff memorandum dated August 14, 2017, regarding a text amendment that would <br />prohibit impervious materials around planters and similar structures in the required lake yard. The <br />Planning Commission voted 4-3 to make no adjustment to the current ordinance. Staff is looking for <br />direction from the City Council on whether any modifications should be made to the ordinance. <br />Walsh stated the whole intent of the ordinance was to allow residents to place small amounts of hardcover <br />within the 0-75 foot area. Walsh noted the City did receive one complaint from a resident about a <br />possible violation of the statewide Shoreland regulations. <br />Barnhart stated Staff has clarified with the DNR that placement of landscaping edging and similar <br />materials in the lake yard is not a violation of the Shoreland rules, provided those improvements are <br />above the ordinary high water level. <br />The City Council directed Staff to leave the current ordinance as is. <br />Page 7 of 13 <br />