09/15/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2003 6:00 o'clock p.m. (#13 #03-2948 WJM PROPERTIES,LLC, Continued) Staff finds no apparent issues with an extension of the prior approval, noting that Morries has been making revisions to the interior and exterior of the building and has complied to date with the conditions of the Resolution. While staff believes the fence should be allowed, Gaffron indicated they believe it should only be an interim screening solution, and that a condition be established that the berm and plantings shall be required at such time that the applicants' issues with the MCWD are resolved. It should be noted that all improvements resulting in the creation of additional impervious surface have been put on hold. These include the new display lot at the north end of the building, the driveway along the west side, and the new parking areas south of the building. However, use of the existing east parking lot will eventually commence, and its screening is necessary regardless whether the remaining elements are constructed. Staff recommends approval of extension of the timeframe for applicant to meet the conditions of approval of Resolution No. 4845 to December 31, 2004; and recommends approval of an amendment of the existing CUP to allow for interim use of fencing in lieu of berms and vegetation along the north and northeast sides of the parking lot,per applicants stated amendment language subject to the following condition: 1. The berm and plantings shall be required at such time that the applicants' issues with the MCWD are resolved. Johnson explained that the site was an environmental contamination site,which Morries had no connection with, but might be forced to mediate. Since the time of the original approvals, MCWD has identified 5 new wetlands on the south side which were original drainage ditches and must be mediated. While Monies had hoped they would not have to excavate and disturb the contamination site, they plan to work with the MCWD to resolve the issues and complete their site plan work within the next 16 months as originally envisioned. Hawn asked if the proposal would be revised to include the berms at that time. Johnson stated that they had hoped that, if they followed the letter of the code by installing the opaque fencing,they might be relieved from the requirement to install the berms. Chair Smith asked what the timeline for completion might be. Johnson stated that it was their intention to pull permits by December 31, 2004. Gaffron stated that, as part of the CUP,the City gave Monies permission to put in lots in particular places if they put in the landscape berms and screening. While he agreed that the fencing offered an interim solution, Gaffron suggested that the applicants be required to PAGE 23 of 25