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 21 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) McMillan stated according to a 1995 state statute, the City is required to do some housekeeping and reconcile that difference, which is where the City is at tonight. McMillan noted the application in front of them creates a strict 120-day time frame in which to make this decision. Given the past history and information that has been provided, McMillan indicated she will be voting in favor of amending the Comprehensive Plan. McMillan stated the reasons she sees for approving this include the long-term history of this property being seen as a residential property, the fact that two-acre residential zoning continues to be compatible with the surrounding neighborhood, the fact that there exists adequate capacity on this site for stormwater control, and that there will be traffic and buffering requirements that will be required to be met as part of this development. In addition, the applicant will need to obtain proper permits for septic and wells and the two-acre density will not overburden the City’s public safety capacity. McMillan stated although this property has been open space for a number of years and that she feels empathy for the neighbors that would lose the open space, this property does not have any unique natural resources. McMillan stated it is a golf course and golf courses are not necessarily a unique natural resource unlike 140 acres of woods or a particular lakeshore property that might serve a benefit as far as a public beach or that type of amenity. McMillan stated she does recognize and appreciate the concern about the open space, but noted there are no natural resources issues on this property that would make the City think this is something they should keep and possibly compensate the property owner for. McMillan noted there was no formal process that was undertaken by the City in guiding this property as open space under the Comprehensive Plan, which is important to take into consideration. McMillan stated if the City is thinking of changing the zoning of a particular property, there needs to be a process where the property owner is notified and brought before the City Council to discuss that change. McMillan stated there was not a thorough examination conducted by the City about changing private open space to public park land under the recent Comprehensive Plan, including possible ramifications to the City or the property owner. McMillan stated in her view it is important that private property rights are respected, which is good government. McMillan indicated she did not really understand the Comprehensive Plan until she became a council member and that it is a planning document that through the years has gained more and more significance. When the first comprehensive plan was developed in the 1970s, it was considered more as a broad philosophical plan. Through the years it has evolved into more micro-managing of individual sites and density, especially as it relates to city sewer capacity. McMillan stated the basic philosophy of the City’s Comprehensive Plan is terrific but the City has had some struggles implementing it over the decades in regards to what the City desires and what the Metropolitan Council would like the City to be.