02-22-1999 Council Minutes - Laserfiche WebLink

Home Browse Search

ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22, 1999 ZONING ADMINISTRATOR'S REPORT ( #3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - CLASS III PRELIMINARY PLAT APPROVAL - RESOLUTION N0.4240 Francis Hagen, WEstwood Engineering Services, and Bill Gleason were present on behalf of Brook Park Realty. Tom Barrett, City Attorney, stated this draft resolution should be contingent upon a settlement agreement being reached between the City and the applicant. Barrett noted the time to appeal the decision by Judge Porter has not expired. Bill Gleason commented that he was not the initiator of this litigation but merely represents the owners of the property. Mayor Jabbour stated the lawsuit was initiated because the City went beyond the 60 day limit in which they are required to hear the application and the Applicant was not notified in writing of the extension. The presiding judge granted a judgment in favor of Tonka Ventures, which requires that the City approve the development application which calls for 29 townhome units where only 20 housing units are currently allowed under City Ordinance. • Jabbour commented if the City Council approves this development application, it is under protest and pursuant to court order with the City foregoing its right to appeal. Gleason commented his understanding was that the ordinance allows up to 30 housing units. Barrett stated the ordinance allows for a density credit provided that certain conditions are met, and one of the conditions is if the City Council determines that a PRD, planned residential development, is appropriate. Barrett stated to his understanding the City Council has not made that determination, and the issue before the Council tonight is whether or not an agreement can be reached on the proposed resolution. Mayor Jabbour stated this agreement in no way is intended to set a precedent and the City Council is entering into the resolution under protest. It was the consensus of the City Council that the proposed density for this site is not appropriate. Van Zomeren stated the Applicants applied in September, 1997, for preliminary plat approval of a 30 unit planned residential development. The parcel is currently zoned LR -1C -1, and consists of 9.9 acres total, 2.2 acres wet, 7.7 acres dry. The preliminary plat has been revised from 30 units to 29 units to preserve more trees. A revised landscaping plan has also been submitted which has been sent to the city's planning/landscape architect consultant for review. • At the time the application was made in 1997, the City's ordinances did allow for a