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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 13,2010 ' 7:00 o'clock p.m. (11. #11-3471 TERRY SCHNEIDER WITH KLINGELHUTZ DEVELOPMENT ON BEHALF ' OF WOODHILL SENIOR COLLATES OFNAVARRE,2525 SHADYWOOD ROAD, Continued) Curtis stated the City does not have a tree protection requirement outside the 0-75 foot zone and buffer areas. Franchot asked whether the applicant has met with the neighbors and had this plan approved by them. ISchneider indicated the neighbors have reviewed the plan and are in favor of it. Schneider stated they have two buffer areas that will remain. One is along Kelly Avenue,which will remain as is,and the other buffer area is next to the wetlands. Some of the trees are actually located in the buffer zone and will be ' maintained. The buckthorn and other invasive weeds will be removed. The neighbors have agreed to some landscaping outside of the buffer area,which will leave a fairly dense area of screening. McMillan stated she did not want to require the removal of existing hardwoods in order to replant other smaller trees. Schneider stated under the buffer ordinance,they are able to plant certain new trees in the buffer zone. If ' they exist in the buffer and are not considered a noxious tree,they can stay. McMillan noted there is reduced parking proposed due to the usage. McMillan asked whether future use of the property would be constrained by the limited parking and what would happen if the building is used for something else. Curtis indicated the use would be contained due to the limited parking. There is a provision in the resolution that states this site is approved for the use proposed and that if someone else occupies the building,they would need to come back to have the conditional use permit amended. Gaffron noted Item 6 of the resolution approving the conditional use permit states the following: "This ' conditional use permit approval is specifically for an assisted living facility, and future conversion to some other permitted or conditional use within the B-4 Zoning District is not guaranteed based on the ' parking limitations and possible other factors inherent within the approved site plan." Gaffron stated that language places the owners on notice that if the parking cannot handle a different use,they may not be granted a conditional use permit for that new use. ' McMillan stated technically they may be required to add additional parking if the use changes. Gaffron noted retail parking requirements would be significantly more and they would have to find a way to add additional parking. McMillan asked whether there is something in the resolution governing the maintenance of the filtration ' system. Gaffron indicated there is and that the Watershed District will also have a covenant concerning the maintenance. ' Franchot moved,Murphy seconded,to adopt RESOLUTION NO. 6001,a Resolution Approving a Preliminary Plat and Vacation of Easements for Properties Located at 2525,2535,and 2545 Shadywood Road. VOTE: Ayes 5,Nays 0. Page 12 of 27