02-26-1996 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 26, 1996 ( #7 Zoning Amendment - Continued) • Callahan asked that the performance standards note that the Council would not need to have final approval of the lease but have the ability to look into the financial circumstances surrounding the lease. Barrett said it would be difficult under the conditional use because an applicant would either be allowed the use or not allowed the use. He noted that the CUP could be revoked if the entity could not operate under the lease agreement. Barrett also noted, that although financial conditions could be reviewed, financial conditions do change. Jabbour commented that it would be unrealistic to remove a conditional use permit after a building is constructed. Callahan said he did not wish to see a building only partially built due to financial problems and asked if the review or issue of the CUP could be tied into the non -profit organization obtaining a certain percentage of the necessary funds upfront so as to eliminate a large debt being inherited once the building was complete. When asked if financial requirements could be part of the performance standards, Barrett said performance bonds could be required as part of the CUP to demonstrate in a measurable way that a developer would complete the construction of a building. Jabbour commented that although the City was considering a certain proposal, the drafted ordinance amendment could accommodate other organizations, and he sees the need to require 75 -801/o of the funds be raised prior to the issuance of the CUP. Gaffron said this could be accomplished through the conditional use application review. • Jabbour noted that restrictions being proposed were more restrictive than is currently allowed on the specific school property. Jabbour preferred a 50' setback requirement and to treat the accessory use similar to a commercial site with buffering and landscaping. With reference to the particular proposal, Jabbour did not feel the requirement should be twice as restrictive considering the soils on the property; such a restriction could result in placing an undue burden on the building location. Callahan commented on the Hockey Association application being suspended due to the need to amend the current code. Mabusth said it had been conceptually reviewed by the Planning Commission. Callahan said the proposed ice arena should be on the particular school site proposed and not on any other site as has been previously discussed. He, therefore, said the amendment should note the particular location and add the stipulation that no public road separate the facilities. As to the section regarding profit or non -profit organization, Callahan said the proposal was being considered by a non -profit group to free itself from paying any real estate taxes and should be left as written. Jabbour said it should be noted that the City has been associated: with many non -profit organizations and has benefited greatly from these relationships. • 4