06-28-2004 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2004 . 7:00 o'clock p.m. (6. #04 -2974 RELIANCE DEVELOPMENT COMPANY, LLP, WILLOW /I2 (STONEBAY OUTLOT A) — GENERAL DEVELOPMENT PLAN /FINAL PLAT, Continued) Planning Commission or City Council action to determine whether the proposed use is similar enough to one of the listed uses to be allowable, or request to amend the PUD. Finally, Gaffron stated that the City Engineer has provided a final letter establishing the required amount for the letter of credit at $750,000. Since the applicant has complied with the conditions established by the City in the Comp Plan Amendment for this site, and has revised plans to be in conformance with the recommendations of the City Engineer and the City's Planning Consultant, it would be staff's recommendation to adopt the documents for: 1) The General Development Plan Approval and Final Plat Approval Resolution 2) Rezoning Ordinance 3) Acceptance of the PUD 4A Agreement and authorize Mayor and staff to execute said agreement upon City Attorney acceptance of final language Vickie Van Dell, representative of Reliance Development Corporation, stated that they wish to avoid coming back for repeated amendments to the permitted uses list; therefore, suggest adding line item 29 other non -food retail uses. She questioned whether staff has some ability in accepting similar uses. • Gaffron stated that there is an appeal process in place for determining permitted and non - permitted uses which can be brought before Council for review. White suggested that staff amend their position to state if an unlisted use is requested, staff could reject it and the applicant at that time could appeal staff's interpretation and request PC /Council action to determine whether the proposed use is similar enough to one of the listed uses as to be allowable, or would have to request to amend the PUD. Moorse concurred, stating that if a substantially similar use is presented to staff, they could determine at staff level to accept or reject the use. Gaffron indicated that language could be added to item 29 allowing staff to make some determinations regarding similar use. He asked whether Council wished to see evergreens along the Highway 12 expanse. White stated that the evergreens would be a nice addition to break up the expanse during the winter months and give the property some landscaping appeal. Van Dell stated that she would work with staff to determine where to place the evergreens White moved, Sansevere seconded, adopting RESOLUTION NO. 5201, a Resolution granting General Development Plan Approval for Planned Unit Development No. 4A for Stonebay Commercial LLC and Approving the Plat of Stonebay Commercial — File No. 04 -2974 subject to the landscape additions of Evergreens discussed. VOTE: Ayes 4, Nays 0. PAGE 11 of 19