11-23-1998 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 • ( #2417 TOLD Development, continued) to limit the hardcover in that area and to limit the future generation of traffic for that property in that use district since there is already a traffic problem in Navarre. Orono's Comprehensive Plan generally recognizes the Navarre area as one of only two commercial areas in the City, noting that Navarre will provide sufficient opportunity for neighborhood retail and service businesses, plus adequate professional offices, to serve the needs of most Orono residents. The Comprehensive Plan also specifically states that commercial and industrial development will not be permitted to adversely affect neighboring residential property. The location and scale of commercial and industrial development will be controlled so as not to encroach upon the primary residential land uses in Orono. Wherever possible, natural land forms or buffers will be required between different land uses. The current list of conditional uses in B -5 was amended in October, 1996, with the deletion of home and garden equipment rental, which was concurrently made a permitted use in the B -1 District. The B -5 District was again amended in March, 1998, by adding coffee or bagel retail stores to the list of allowed conditional uses, with a number of conditions related to maximum floor area, parking and seating. The drugstore use as listed in the B -1 and B -3 districts is defined as "drugs, candy, ice cream, soft drinks, cosmetics and other other usual drug store merchandise." This listing was apparently created as part of the 1975 zoning code revisions, since it doesn't appear in the 1967 code. The range of merchandise and services associated with a drugstore use has changed somewhat since 1975, and now commonly includes on -site one hour photo processing service and coolers for a range of perishable as well as non - perishable take -away foods. • The Planning Commission has reviewed this application and considered several questions in determining whether a drugstore use might be acceptable within the B -5 District. Staff and Planning Commission have concluded that a drugstore is something that is needed and wanted in the Navarre area. The site plan was not addressed by the Planning Commission at its last meeting. Gaffron reported that a public hearing was held at the Planning Commission's last meeting, and several residents expressed concern with the amount of hardcover, lighting, traffic and noise that this development might create. For the most part, the residents in attendance at the meeting spoke in favor of this project. The Planning Commission motion to amend the B -5 District to allow "full- service drugstore" as a conditional use failed, and a second motion was made to deny the request for such an amendment based on the proposed use not matching the intent of the B -5 District, which motion carried. It should also be noted that the Planning Commission voted to table the commercial site plan without review, pending a decision by the City Council on the zoning amendment. Gaffron stated that all properties in the B -5 District are subject to a 30 or 35 percent hardcover limitation due to their proximity to the lake, and the proposed Shadywood site is also difficult to develop due to topography, shape, and the existing and future stormwater pond constraints. Because of the difficulty in situating a large structure on this site, Staff feels that it may be inappropriate to amend the B -5 District which would result in the necessity for certain variances. If approved, the City Council is acknowledging that the need for variances does exist and will likely be granted, and the City Council may want to address whether the zoning needs to be changed rather than grant variances. Bob Cunningham, TOLD Development, stated he has invited John O'Sullivan to be present with him at tonight's meeting since he is more knowledgeable about the history of the site. • Cunningham stated he is requesting the City of Orono to amend the B -5 District to allow the use of a drugstore, noting that this use is compatible and desired in the Navarre area. Cunningham Page 11