06/16/2014 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 16,2014 6:30 o'clock p.m. Keane stated the current residential designation of the two lots serves as something of a buffer and that in their view the City does have some control over the situation given the residential designation and the conditional use permit if it is properly enforced. Keane stated in his view Commissioner Schoenzeit asked the $64,000 question of what became broke that now requires fixing. Keane stated dock locations should not drive a land use application and that moving the docks further to the north will only increase the activity closer to the residential lots and encroaches on the enjoyment of the property to the residential property owners. Keane stated the City should rely on the current zoning and that the existing condition is one where there is already five pounds of sugar in a two-pound bag. Keane stated allowing increased intensity and additional use on this site will only burden the surrounding property owners and that he does not see any benefit to the adjacent property owners or the traveling public on County Road 15. Keane stated the only benefit that will occur out of this is to the owners of the marina who are requesting the rezoning,which is not a sufficient public purpose for driving the zoning amendment. Keane stated a question was also asked regarding the Comprehensive Plan Amendment. Keane stated the City adopts the Comprehensive Plan and it is a legislative document. Any consideration of an amendment to the Comprehensive Plan should be a predicate. Keane stated the zoning ordinance implements the Comprehensive Plan and the Comprehensive Plan does not follow the City's zoning decisions but is the big overall picture. Keane stated those are policy decisions that are made by the Planning Commission and implemented by the City Council. Keane stated the City should implement the policies that have been adopted in the Comprehensive Plan and that it is similar to the tail wagging the dog to suggest that the Comprehensive Plan Amendment is an after-thought. Keane stated a Comprehensive Plan Amendment should not be an after-thought and that there are regional consequences to these decisions that will impact the lake and the road as well as the residential properties. John Goodin, President of EOF Investments, stated he owns River Valley Power and Sports. Goodin indicated he has been in operation at this site since the fall of 2012 with his retail operation. Goodin stated for the record, he would like the Planning Commission to know that prior to River Valley signing their lease in the fall of 2012, the largest marine dealer operated in this building for 12 years. Goodin stated they are the absolutely largest dealer in the country and that they did significant more retail than they do. Goodin noted at one time that retailer leased from Mr. Anderson until he sold the marina to a different gentleman. Goodin noted the boat club has been in operation at this site for four seasons and that in his view for the most part it has operated fairly well. Goodin stated for the other 40 weeks out of the year,the site is pretty quiet. Goodin stated he will admit that for approximately four weeks this spring the activity at the marina was pretty intense given the weather, but that he has yet to hear or see a written complaint about how the property is being used improperly or how the property looks. Goodin stated he is not aware that they are doing anything wrong as the retailer. Goodin stated in terms of parking,the boat club hired a valet service last year, which was a significant improvement over 2011 and 2012. Goodin indicated he is not aware of any complaints, and that in his view, if there were complaints,they were remedied rather quickly. Goodin stated based on the high water levels currently,there will likely not be any real intensive use over the next couple of weeks. Page 6 of 18