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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2010 7:00 o’clock p.m. _________________________________________________________________________________________ Page 21 of 23 (#10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) White stated if this is a hospital who wants to treat people with serious disturbances, if that would be allowed if the Emily Program would vacate the property and a conditional use permit was granted. Mattick stated that is part of the issue. The present language in the code reads a hospital for human care. When you review the Emily Program, it talks about a treatment facility for human care. There has been testimony that the Emily Program is not licensed as a hospital through the state like a sanitarium or a nursing home would be. Dr. Miller has indicated that they are not a hospital and that if there is a medical issue, they would call an ambulance. On the same token, the City is not prohibited by their code from taking a broader view of what a hospital is than what the state has taken from their licensing standpoint. Mattick stated the City’s code is undefined as to what a hospital is so it would be natural to look at other definitions of what a hospital might be, and that one of those places to look might be the state’s definition of what a hospital is. Bremer asked if, under an IUP, there would still be the same zoning overlay or how that would change with an IUP. Mattick stated switching it to an IUP does not change the zoning and that the IUP would still need to fit the underlying zoning. The applicant has been clear that they are a state licensed residential facility. Mattick stated the City may need to take a look at the underlying uses to ensure that this falls under that. White stated in his view that is the first thing that should be looked at and that the City also needs to determine the definition of a hospital. McMillan asked if the hospital for human care definition is the only possible use a residential treatment facility can come under. Mattick stated as the code exists, based on his review, there really is nothing else that would fit this zoning. Murphy stated based on what he knows now, he would vote no on the CUP. Murphy commented he has attempted to listen to the concerns of the neighbors and that there is a fair amount of concern over what this property could become. Murphy stated he is troubled by what could happen at this property should the Emily Program leave, which cannot be overlooked. White noted the applicant also recognizes that concern and has suggested an IUP. Murphy stated the applicant has made a good faith effort to go forward with the application and that the City Council should take a hard look at it in that context. White stated the City owes it to the applicant and to the residents to take a hard look at all the issues. McMillan stated the City Council has always taken a hard stand on land use issues and hardcover issues, even to its own citizens, because the City is very protective of its land use ordinances for both residential and commercial properties. Those protective steps have added a lot of value to our City and have helped create a nice buffer between the houses and the lakeshore. White pointed out the fact that an attorney has appeared tonight on behalf of the Emily Program is not a unique situation and that a number of applicants appear with an attorney before the City Council. Item #02 - CC Agenda - 03/22/2010 Approval of Council Minutes 03/08/2010 [Page 21 of 23]