01-19-2021 Planning Commission Packet

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Mayor and Members of the City Council City of Orono December 3, 2020 Page 2 At the meeting on October 26, 2020, the City Council heard from a neighbor, Barbara Burwell, and her attorney,both of whom suggested that the Jacobs Trust has not been transparent about its plans to redevelop the Property. The Jacobs Trust respectfully disagrees with this statement. The Jacobs Trust has been working on plan to develop the Property for more than a year. It has involved Mrs. Burwell in discussions about the plan from the very beginning. Indeed, the first iterations of the plan contemplated a joint development with Mrs. Burwell's property because Mrs. Burwell expressed an interest in this to the Jacobs Trust's consultants. Attached hereto as Exhibit A is a timeline prepared by the Jacobs Trust's consultants summarizing all of the steps that they have taken to solicit feedback from neighbors, from the City staff, and from members of the City Council concerning the development of the Property. The Jacobs Trust's consultants have tried their best to adjust the plans to redevelop the Property in response to the feedback that they have received. The most contentious feature of the application to date has been the Jacobs Trust's original proposal to establish an average lakeshore setback("ALS")that would apply to lots within the plat regardless of the sequence in which the lots are developed. The Jacobs Trust made this proposal for the purpose of facilitating a lot configuration that best suited the topography of the Property. The Jacobs Trust also made this proposal with the understanding that the City had approved similar arrangements for other plats subject to the City's ALS ordinance. Prior to the meeting on October 26, 2020, the Jacobs Trust had presented its proposed ALS line multiple times to the Planning Commission and City Council without any negative comments from any member of the City staff, the Planning Commission or City Council. The Jacobs Trust believes that the establishment of the ALS proposed in the original application resulted in a lot configuration that was most suitable for the topography of the site. However, due to the strident opposition to the proposed ALS communicated to the Jacobs Trust both before and after the meeting on October 26,2020,the Jacobs Trust has decided to amend the application so that all proposed lots within the subdivision are behind the current ALS. This required the Jacobs Trust to modify the configuration of the proposed lots and to also reduce the number of proposed lots from seven to six. Moreover, in response to Mrs. Burwell's comments, the Jacobs Trust has also redesigned the road within the plat to reduce the length of the proposed cul-de-sac. The Jacobs Trust would have preferred to have learned of opposition to its proposed ALS much earlier in the application process(e.g.,during the concept plan review in March/April 2020). Nevertheless, it has now amended the application to eliminate the proposed ALS in response to this opposition. It has also amended the application to address other objections to development of the Property relating to the proposed cul-de-sac. Having made these amendments to its application in response to public comments, the Jacobs Trust is hopeful that the application will receive another positive recommendation from the Planning Commission at its public hearing in January followed by a vote of approval by the City Council. 267234.DOC