02/08/1994 Minutes - Laserfiche WebLink

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rezoning in any event. Rezoning may not make good sense, it may be-good planning, but if that lot were rezoned to office, and if nobody could develop it economically, the city will end up in court and a judge will decide. He noted that he sensed the members frustration, but he believed the Commission has done their job, but he also believed that Mr. Gareau is correct, the Commission should not go forward without listening to anyone who has anything to say about the economics of a rezoning. They can go ahead and do it, all he would ask for would be a motion, and he would get a legislative sponsor. Mr. Thomas responded that Mre Dubelko seemed to be implying that the Commi.ssion came up with this master plan spontaneously and now they are trying to push it through, it took the Commission two years of discussion to determine what they felt was appropriateo Also he noted that N1r. Dubelko frequently asked that the Commission give him something that he can defend in court. Never once during these discussions were they provided guidance by the either the master planners of the County, the people that they spoke to, or the administration regarding economic factors; neither are economics mentioned in the zoning code. He did not think good planning is based on the economics of a piece of property. Mr. Dubelko responded that he told the members that, from a planning prospective they had done their function correctly, he also told them that to defend a zoning classification in court, he must avoid two pitfalls, first it must make sense from a planning viewpoint, but even if that is the case, if a developer cannot develop it in that zoning classification, the city will lose because everyone is entitled to get a fair return on his investment. So if the Commission proposes to rezone the corner of Dover and Lorain to office, it may make sense considering traffic concerns and because it is a good buffer from the retail around it, but if a developer cannot get a fair return on his investment, that zoning classification will be stricken down. It would not have been practical during the study to have brought in developers for every lot in town to see if rezoning it would be economically viable since economics change and what might have been viable at the beginning of the study, might not be at the end. He reiterated that the Conmiission did the plan properly, but if Council or the.Administration did not agree to doing it because of the economics at the time, they are not wrong; the plan is a guide or a goal, but considering the economic climate, it may not be the time to implement it. A1r. Orlowski stated that the Commission was entrusted to come up with the ma.ster plan, and present it; the Commission was not looking at the economics of it, that would enter into a court case during which they are going to look at the exact economics of what is Ueing proposed and what avenues are left for them. All that the Commission was entrusted to do was to put together a ma.ster plan and present it and try to lobby for ways to have it approved. No one ever said it was all going to be approved just because it was put together. Mr. Gorris stated that no one expected it to be, but when the first two pieces of legislations are stopped, the first one by the Law Director and the second by the by the Ma.yor, the Commission could have Just bought a ream of paper, called it a master plan and saved the city $50,000. He stated that he thought he was supposed to come up with a plan for the city that night call for some rezonings and might call for some tough decisions, so the Commission would not sit for 4 hour meetings with people frustrated because the city is being over developed. If 4dal-Mart does not locate at Dover and Lorain, there will be another retail development; it T:iight not be 100,000 square ,foot, and it :night have circumvented the "big boa" development, but it will be an intense use that will require huge expenditures to work on the infrastructure. Now, if they have a document that says that this parcel should be something else, then the city should have the fortitude to implement it, and if the city has to fight it in court, it might be better to spend money to fight it and save the city 4 to 6 million dollars in infrastructure work. Mr. Orlowski agreed, but stated that they had done their 9