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221 <br />COUNCIL MEETING SEPTEMBER 12, 1988 <br />lioncern and an objection to the proposed rezoning based on <br />he rights that were vested in the R -1 classification. He <br />outlined the dates that Heritage Development has had contact <br />with the City regarding this particular property and also <br />noted that a sketch plan had been submitted. He also <br />expressed concern because Heritage Development was not given <br />notice of the proposed rezone. <br />Mr. Whitword said Heritage Development understands Lino <br />Lakes' concern for quality housing but felt the proposed <br />rezoning is not the proper manner to insure quality housing <br />and development. He said the proposed rezoning defeats the <br />objective of the developer for this parcel by eliminating an <br />entire range of the housing market. He said no studies, <br />surveys or testimony has been taken by the City to support <br />the necessity for the rezone. Mr. Whitword felt the <br />proposed rezone was arbitrary, capricious and unreasonable. <br />He asked that the rezone not be approved. <br />Mr. Reinert asked Mr. Hawkins if the City had the right to <br />continue with the rezone proposal. Mr. Hawkins said he <br />disagreed with Mr. Whitword and said that Heritage <br />Development did not have a vested interest in the land since <br />othing has been done with the property. Mr. Hawkins said <br />the City Council did have the right to change the zoning. He <br />also noted that the Planning and Zoning Board has studied <br />this type of zoning in the area and will be recommending <br />additional lands to be rezoned. Mr. Hawkins also noted that <br />the staff did notify all property owners based on records at <br />the Court House and it is regretable that Mr. Montain did <br />not pass along the information to Heritage Development. <br />Mayor Benson explained to Mr. Whitword the process the City <br />has used and the amount of time the City has spent on this <br />process. He noted that this was planned well before the <br />first of the year. Mr. Bisel also noted that the Council <br />did have contact with Mr. Montain who said that he was not <br />interested in selling the land for about fifteen years. <br />Mayor Benson explained that other property such as the <br />Barott property will also be rezoned and also explained that <br />the Council conducted a bus tour of the City in January and <br />the rezone was discussed at that time. Mr. Whitword said <br />that Heritage Development does not disagree with the City's <br />right to rezone but does disagree with the timing. <br />Mr. Whitword explained that this rezone will have a large <br />impact on development of the land. He explained that <br />Heritage Development does not build homes but just develops <br />PAGE 258 <br />