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 22 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 changing the zoning to park and open space may be considered a taking by the City and noted there was some discussion earlier tonight about the legal ramifications of that. McMillan stated if the City gets into that situation, it could turn into a situation that affects all of Orono. In the past Orono has typically acquired park land through donation, purchase or as part of the development process. The City has never acquired park land by changing the Comprehensive Plan. McMillan stated if the City gets an opportunity to look at this property in a different way than as a golf course or park land, issues of compensation need to be looked at, but the property owner has the right to decide what choices he would like to make with his property. Bremer commented she was hopeful she would have seen a more definite alternative presented tonight, but at this point a real alternative has not been one presented, which is an important point. Bremer indicated she has a lot of different feelings about different properties in Orono, which most people have, and that this is not the only time the City Council has had to step back and think about the options for a particular property. Bremer noted the City currently only realistically has one option so far for this property. Since the property is currently zoned two-acre residential, the City’s options are to allow the zoning to stand and change the Comprehensive Plan or change the Comprehensive Plan to some other type of residential zoning. Bremer noted this property historically has been zoned for two acres, which makes it consistent with the surrounding neighborhood. Bremer indicated she has been struggling personally with not deciding between those two options, but that the option presented by the residents tonight is not a viable option. Bremer stated if five years ago the City Council had this conversation and looked at different zoning for this property, the City would have engaged in discussion with the private landowner about changing the zoning and then the Comprehensive Plan. Bremer stated the problem with that is it is random zoning not based on a real applicant who has real property rights and not really planning for the future. Bremer indicated she loves small developments and open space, which many people do, but pointed out that all developments were open space at one time and there were people who were against it and people who were for it. Bremer stated to impose after the fact five-acre zoning would be unfair to the landowner. Bremer stated while that may be an option, two-acre residential zoning or some other type of residential development are realistically the only two options available to the City Council at this point. Bremer stated she is hopeful it will be a residential development that has sufficient controls on it to make it a wonderful development. Printup stated he has thought a lot about this application over the past few months and about being born and raised in Orono and the importance of open space. Printup stated as he was growing up, he used to see horses where there are now large homes and yards. Printup stated in regards to the comments made by Council Member Bremer about protecting the rights of the property owner, those are important points to keep in mind. Printup stated the City has to be being very cautious about protecting the community’s standards of open space but noted the City could overreach itself in this case and take away the property rights of the landowner. Printup stated in light of that, he would support this application.