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HomeMy WebLinkAbout01-13-2014 Council Minutes - Lakeview Section OnlyMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 13, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 8 of 17   (PUBLIC COMMENTS, Continued) Hertaus indicated in addition, the MN Legislature approved $500,000 of funding for the Pioneer/Lake Sarah Watershed District as well as the Three Rivers Park District to do some total maximum daily load or TMDL mitigation. Hertaus noted that legislation made it all the way to the governor’s desk but was ultimately line item vetoed. Hertaus indicated he will leave some business cards with his contact information if any citizen would like to get ahold of him. PLANNING DEPARTMENT REPORT 5. #13-3638 and #13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) ON BEHALF OF GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW – RESOLUTION NO. 6360 Alan Brixius, Northwest Associated Consultants, noted a motion was passed at the January 6 meeting directing Staff to draft a resolution approving the proposed land use change for the Lakeview Golf Course from parks and open space to rural residential. In the Council’s packet tonight is a copy of the resolution. (5. #13-3638 and #13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) ON BEHALF OF GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW – RESOLUTION NO. 6360, Continued) Brixius stated he will briefly review the resolution and requested the City Council review the resolution and determine whether any additional changes are necessary. Brixius noted the first page of the resolution reflects that the City adopted its 2008-2030 Community Management Plan in 2010. Brixius stated the Comprehensive Plan is basically what guides the City as far as land use and land use patterns. The property in question consists of 142 acres, which was operated as a golf course from the 1950s, which was well before the adoption of the first Comprehensive Plan and zoning ordinances. The first Comprehensive Plan identified this area for parks, recreational and open space, which encompasses all of the City’s public parks as well as private golf courses and other recreational facilities. Currently the property is zoned RR-1B, which is rural residential. The intended purpose of that is to accommodate single-family rural residential as well as limited agricultural activities. Within that district, 2-acre single-family lots are the dominant permitted use and golf courses are a permitted conditional use. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 13, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 9 of 17   (5. #13-3638 and #13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) ON BEHALF OF GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW – RESOLUTION NO. 6360, Continued) Brixius stated during this process, the applicant has provided information and made an argument that it is no longer economically feasible for them to continue to operate their golf course and they are requesting an alternative use consistent with the current zoning. The proposed development is an unsewered, 2-acre lot rural residential development. The development is also intended to reflect the rural densities that are currently allowed in the neighborhood. At the last City Council meeting, the Council specifically indicated to the developer that no lot averaging will be considered and that he must meet the required two acres of buildable land for each lot. Brixius noted to date there have been no formal approvals of any development plans or subdivisions and these would have to subsequently be presented. Brixius stated the proposed development will be an unsewered area and will depend on either private well systems for each lot or possibly water coming out of Minnetrista, which is undetermined at this time. Any new subdivision will be required to comply with Orono’s current contemporary stormwater management requirements that will address both rate control and water treatment. The development will likely cause improvements in both of those areas. Information has been provided that the proposed development will have similar traffic generation as the golf course, and through the subdivision design will create alternative access points that will distribute the traffic in a variety of manners. Brixius noted the City currently has in place contemporary management and regulations on stormwater, septic systems, water supply, and road designs that will all have to be incorporated and addressed through the subdivision process. Brixius noted the findings of the City are that historically Orono has only chosen to acquire public land or open space through dedication, donation, or negotiated purchase, and has not sought pubic acquisition of property against the wishes of the property owner. In choosing to follow that current practice, the designation of the property to an alternative land use would be appropriate. Brixius noted that the City is also is making a finding that the application of the rural residential land use category to this site appears to be the most viable and realistic alternative and is most consistent with the surrounding land uses. In addition, the City is making the finding that the proposed use will not overburden the City’s public service capacity or infrastructure, and the City is also stipulating that the conversion from open space to rural residential will not have a substantial impact and will be consistent with the surrounding land use in the area. Brixius noted that the Planning Commission voted in October on a 6-1 vote to approve the land use change. If the City Council is satisfied with the findings contained with the resolution, the City Council should make a motion to approve the Comprehensive Plan change. Brixius noted the Comprehensive Plan change would be subject to Metropolitan Council review and approval. McMillan noted many of the findings were discussed last week at the special meeting on Monday and that the proposal was also discussed on November 12, including a public hearing, which was followed by a 60-day extension. McMillan stated in her view the City Council has had a fairly lengthy discussion on all the issues regarding this amendment. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 13, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 10 of 17   (5. #13-3638 and #13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) ON BEHALF OF GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW – RESOLUTION NO. 6360, Continued) Bremer stated as it relates to Three Rivers Park and whether they would have been interested in this piece of property, the City has received some pretty good information from Three Rivers that they are not interested in a property like this in that location. Bremer stated she understands some members of the City Council have received e-mails from the residents regarding that and that the City Council Members have attempted to let the residents know that. Printup moved, Levang seconded, to adopt RESOLUTION NO. 6360, a Resolution Granting Preliminary Approval of Amendment No. 2 of the Orono 2008-2030 Community Management Plan: 405 North Arm Drive (Also known as Lakeview Golf Course), Property Identification Numbers 06-117-23-32-0003; 06-117-23-33-0005; 06-117-23-33-0007; 06-117-23-34-0002; and 07- 117-23-12-0001. VOTE: Ayes 4, Nays 0. 6. #13-3640 JAMES MURPHY AND SANDRA SMITH, 20 ORONO ORCHARD ROAD NORTH, EASEMENT VACATION – RESOLUTION NO. 6361 Curtis stated in November the City Council approved a request for a lot line rearrangement between the applicants’ properties at 20 Orono Orchard Road and 30 Orono Orchard Road in order to move the common lot line east approximately 94-98 feet so that the barn and the land around the barn would become part of 20 Orono Orchard Road. As part of the lot line rearrangement, the applicants granted new utility and drainage easements along the new common lot line. Due to the publication timing, the necessary vacation of existing drainage and utility easements currently shown on 20 Orono Orchard Road were not able to be vacated as part of the lot line rearrangement approval. Curtis noted the appropriate utility companies have been notified and there are no identified facilities existing within the easements to be vacated. In order to move the common lot line, the applicants have granted new utility and drainage easements along the new lot line. The City Council should open the public hearing regarding the vacation of the easements and hear any testimony. The Council should then adopt or amend the attached resolution regarding the vacation request. Mayor McMillan opened the public hearing at 7:46 p.m. There were no comments regarding this application. Mayor McMillan closed the public hearing at 7:46 p.m. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6361, a Resolution Vacating a Dedicated Drainage and Utility Easement for the property located at 20 Orono Orchard Road North. VOTE: Ayes 4, Nays 0.