01-06-2014 Council Minutes Special Meeting

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MINUTES OF THE SPECIAL ORONO CITY COUNCIL MEETING Monday, January 6, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 27 (1. #13-3638 and #13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE – COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Hiller stated in terms of what has changed versus the 2010 Comprehensive Plan, the Wenksterns’ financial condition is a significant change and should qualify. Hiller stated it is also his understanding that the City of Orono currently subsidizes its own golf course, which has been losing money, and that it should not be hard to believe that Lakeview is also losing money. Source Capital has done its own analysis of the market and in their opinion feel that this is a unique opportunity for a successful project. Hiller noted they are using their own private money and that they have had a lot of unsolicited interest in the site and about purchasing lots. Hiller indicated two entities were very interested in purchasing all of the lots. Hiller stated in light of everything that they have presented tonight, their request would be that the City Council vote yes on the Comprehensive Plan amendment so they can begin work on the preliminary plat application. McMillan asked what step in the process they are at with Red Oak. Hiller indicated they turned in their preliminary plat application last Friday and that their application would be heard at a Minnetrista City Council meeting sometime in February. Printup noted Council Member Bremer raised the potential of a slippery slope and asked what type of precedent would be set by approving the Comprehensive Plan amendment. Mattick stated a decision at this level does not necessarily set any broad precedent that the City Council has to abide by each and every time. Mattick stated there is a request for a Comprehensive Plan amendment and that the Council’s decision should be based on the merits of what this applicant has brought forward on this site. Mattick noted this is one of the first times he has sat through a public hearing where the developer’s attorney and the applicant’s attorney agree on the legal standard before the City Council, which is that it is a legislative decision. Mattick indicated he is in agreement with that legal analysis as long as the decision is based on a rational basis, which is the legal basis that must be met. McMillan stated the City Council needs to make a determination on this application and that currently there is an inconsistency between the historical zoning of this site and the Comprehensive Plan. While people have stated they should hold Orono to its promise, McMillan noted in some ways Orono has two promises going on right now. There is the promise of a future residential development that a property owner is entitled to and another promise to preserve parks and open space under the Comprehensive Plan. McMillan stated the City needs to reconcile that inconsistency, and that historically many of these private open spaces in the City have been located in two-acre residential districts. Under the last Comprehensive Plan revision, the City acknowledged that the present land use was open land space and that there are perceived public benefits from existing private open space scattered around the City. McMillan stated while there is no immediate desire on the City’s part to see this property developed, by declaring the land as private open space, the City is recognizing and respecting this as private land. McMillan stated ultimately the City is sending a mixed message with the current Comprehensive Plan guiding and zoning being inconsistent.