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MINUTES OF THE ORONO CITY COUNCIL Monday, June 23, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 30 (8. 14-3666 LUKE KUJAWA ON BEHALF OF EOF INVESTMENTS, LLC, 1440-1442 SHORELINE DRIVE – REZONING, Continued) Gaffron indicated the applicant would like an early resolution to the rezoning issue in order to determine a course of action regarding their Tanager Lake dock noncompliance issue with the LMCD. Staff believes this process will take through the summer and into the fall. The review period for the rezoning request has been administratively extended 60 days to August 20. Gaffron stated a rezoning from residential to commercial requires approval from the Metropolitan Council. If the applicant withdraws the current rezoning request and applies for a Comprehensive Plan Amendment, it would be reasonable to allow a no-cost reapplication for the rezoning under whatever new zoning is established. The applicant has indicated he is amenable to this course of action. Gaffron noted that Staff believes continuation of the existing zoning situation at these properties is not in the best interests of the City, the property owners, or the neighbors. Staff recommends that a Comprehensive Plan Amendment be pursued to establish parameters for future use of the properties, followed by zoning code changes to allow implementation of those parameters and then rezoning of the two properties based on the zoning code revisions. Site plan review would then be needed prior to construction of any changes or improvements. Gaffron requested the City Council consider approving a motion authorizing the Planning Commission to proceed with the review of an applicant-initiated Comprehensive Plan Amendment request to re-guide the properties at 1440 and 1442 Shoreline Drive for commercial use, subject to the applicant’s withdrawal of the current rezoning application and submittal of an application for a Comprehensive Plan Amendment. McMillan stated since she has been on the Council, there have been issues with this area, and that she is in agreement that it would be nice to find a permanent solution rather than a make-shift solution. McMillan stated in her view a portion of the properties should remain residential and that keeping the 1440 residential and the 1442 commercial is one option. McMillan stated that is probably the only option she is interested in researching at this point and that she is uncomfortable with the creation of a B-2 sub - district since it would be creating code for one site. McMillan stated she understands the owner of the 1432 property purchased their property thinking that it was residential on both sides and that he would like that to remain. McMillan stated she is not sure whether only one residential property between the property owner at 1432 Shoreline and the marina will be sufficient, but that it may be a good compromise. McMillan stated the basic premise of the rezoning is to allow the site to become more functional and should be explored in more detail. Printup stated it sounds like that might be a compromise and that he is interested in hearing what the applicant has to say about it. Printup stated it is one of those scenarios in the City where it is labeled as residential but has functioned to some degree as commercial and that it is somewhat arbitrary. McMillan stated she would envision1440 as a residential lot with no parking by the marina allowed. Printup stated for the last few years it has existed as a parking lot and that he has problems changing it since it has been used that way. Levang noted the property has also been used as a residence. Item #03 - CC Agenda - 07/14/2014 Approval of Council Minutes 06/23/2014 [Page 16 of 30]