04-13-1998 Council Packet - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9, 1998 (Uft - U'>'S7f> Orono Development - Continned) Dillon indicated that he has received a copy of the resolution and was satisfied with its contents. Kelley moved, Goetten seconded, to approve Resolution No. 4043. Vote. Ayes 4, Nays 1, Peterson. (#7) #2327 aaONO DEVELOPMENT, LLC - B-5 ORDINANCE AMENDMENT Gaffron reported that the code amendment is in conjunction with the previous application but is a separate item. The applicants ha\ e requested that the B-5 district standards be amended to included coffee and bagel shops as conditional uses. The B-5 district has not previously included any restaurant uses. Council has directed staff to draft an ordinance for such an amendment Gaffron met with applicants regarding the possible conditions for such uses as listed on page one of the memo, #1-4. Gaffron indicated that the reasoning behind limiting the percentage of gross floor area of an individual building was to eliminate the possibility of the use being conducted in a free standing building. Gaffron reported that the discussions resulted in staft'concluding that the City's goals could be accomplished through the following conditions; 1 ) The use shall not exceed 50% of the building area This would eliminate the possibility of a free-standing restaurant and concerns surrounding its potential for reuse as another type ot restaurant not allowed by code, 2) the coffee or bagel store shall not exceed 2,000 s.f in gross floor area or 4000 s.f for the combined coffee/bagel use; and 3) the use must meet parking requirements for the total site. An ordinance is included in the information packet. The ordinance makes such use a conditional use, which must be reviewed and approved by Council each time the use is requested. Gaffron noted that the B-5 district is limited in area, while pointing the specific areas out on a map, and recommended approval. Jabbour asked if these uses were appropriate to all the B-5 district in Orono. Gaffron said he did not believe the use would present any problems in these areas that abut residential and noted that further conditions could be placed on the use as well. Jabbour said it was important that no precedent is being set. He does not believe the code should be changed to accommodate one application. He did note, however, that times have changed and the list of allowed uses needs revision Gaffron said he has noted that the code standards for each business district should be updated to fit today's needs. It was noted that the amendment is not specific to the applicant ’s property, and he will have to apply for a conditional use permit at the time a specific user is identified. Jabbour asked the applicant if this was what was understood. He added that an applicant cannot apply for a use that does not exist. Dillon said he had not understood it in this manner but would do what is necessary.