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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 32 10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD – REZONING AND CONDITIONAL USE PERMIT (continued) Printup moved, Walsh seconded, to deny the rezoning request by TCO Design for 2380 Shadywood Road. Walsh stated he would echo Council Member Printup’s comments. Walsh stated from a standard land use planning perspective, he has to look at the long-term vision for Navarre, and from that standpoint, when the building is located at a main corner of an intersection, it should be more high retail. Walsh noted the B-5 district is intended to provide a district for businesses that supply commodities or perform a service primarily for the residents in the surrounding neighborhood. The B-4 district allows office use for which there is limited contact with the public. Walsh stated in his view, the memory care facility is a destination use and that the lot is not a destination site. Walsh stated the memory care facility will not really benefit the residents in the immediate area. If the zoning is changed to B-4, outpatient clinics would also be allowed. Walsh stated the building also abuts residential neighborhoods and is within a block of the trail system where a number of children and adults congregate on during the warmer months. Walsh stated the potential for other uses at this site if it is rezoned is not compatible with the adjacent residential areas. McMillan stated she agrees that this site should stay more commercial and have a use that would better serve the area. Levang stated she finds the B-5 zoning appropriate for this property and what she envisions for this site going into the future. Todd Osfthun noted the building has been empty for ten years and that clearly there is something that is missing and that the zoning might be wrong for the site. Osfthun stated the City should look into why they cannot find someone to purchase the property. Osfthun stated they have an investment group that is willing to put some money into the facility and improve the site, which will be a great addition to the neighborhood. Osfthun stated in his view the City Council should reconsider their decision and ask how much longer the building will remain empty. Osfthun stated they are also requesting a conditional use permit, which means that another type of use cannot simply step into the building. Walsh noted an outpatient clinic is a permitted use in the B-4 district. Walsh stated there are a lot of reasons why buildings sit empty and that it is better not to make a wrong long-term decision. Walsh stated in his view the B-5 zoning is appropriate for this site and that if the rezoning is changed, the City could end up with a business that is not good for the neighborhood long-term. Osfthun noted there is other B-4 zoning in the area and that this is the only spot that is zoned B-5. Cornick asked if the Freshwater Institute is zoned B-5. Barnhart indicated it is zoned B-4. Barnhart pointed out the areas zoned B-4 on the overhead.