HomeMy WebLinkAboutResolution 654•
Resolution No. 654
A Resolution Denying the Rezoning Application
of Cheyenne Land Company for 100 Orono Orchards
Road -
BE IT HEREBY RESOLVED by the City Council of the City of
Orono that the application of Cheyenne Land Company to rezone
the property at 100 Orono Orchards Road, presently zoned two
acre RR -1B, into twenty-nine one acre tracts be denied for the
following reasons:
WHEREAS, the City of Orono enacted Ordinance No. 149 on
July 9, 1973, which established a moratorium on the granting
of building permits, rezoning applications, conditional or
special.use,permits, variances, platting and subdivisions or
other au£hority-for additional development in the City of
Orono, Minnesota:
WHEREAS, this moratorium was extended by ordinance on
several occasions and was not terminated until December 31, 1974,
• and
WHEREAS, this moratorium was necessary in order to insure
the achievement of the goals of providing the city with satisfac-
tory tools to guide development and to control development
during the interim period so the benefits of proper planning
would not be lost, to preserve the status quo pending the
adoption of the measures necessary to protect the health, safety
and welfare of the citizens of Orono, and
WHEREAS, the council has determined through research
and review of various reports and studies that areas not ser-
viced by municipal sanitary sewer, lacking adequate transporta-
tion facilities, containing inadequate and hazardous traffic
patterns and insufficient access to highways, creating storm
water runoff problems from denser development concluded that
rezoning to a less dense development of these areas would pro-
vide the best standards to safeguard life, health, property
and welfare of the public, and
WHEREAS, to fulfill the requirements of the Comprehensive
Plan, the Zoning Ordinance and the Wetlands Ordinance, and
WHEREAS, the Cheyenne Land Company on several occasions
has made various applications for subdivisions not in compliance
• with the land use and zoning requirements determined for the area,
and
WHEREAS, through studies and experience and the direction
of the Pollution Control Agency and other agencies, a determina-
tion has been made that one acre sites are not adequate to
support an on-site sewage disposal system, and
WHEREAS, the existing winding curves and two blind
dangerous underpasses contribute to the hazards of the increased
traffic along Orono Orchards Road, and
WHEREAS, similar situations have resulted in pollution
of ground water supplies creating dangers for the health, safety
and welfare of the public, and
WHEREAS, the existing marshes and wetlands and the topography
of the land support soil condition inadequacies, and
WHEREAS, the city has no plans'of extending municipal
sewer or adding roads to the area, and
WHEREAS, other property owners in the area have respected
and relied upon the zoning classification of two.acre lot sizes
in the development of their properties, and
• WHEREAS, the Cheyenne Land Company has requested approval
of the proposed `_rezoning: .of the twenty-nine acres of dry
buildable land contained in the property as described on the
proposed plat map into twenty-nine one acre residential build-
ing sites now that the property has been rezoned to a RR -1B - two acre
residential district,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota that:
r.� 1. That the application for the proposed xezoning from
-RR-1B to R-lA;;into"twenty-nine one acre lots be denied, and
2. That the proposal would be in violation of the Wetlands
Ordinance No. 125.
3. That municipal sanitary sewer fs;not available.
1,
4. That traffic hazards would increase with increased
development.
5. That the proposed one acre sites are not adequate to
support private on-site sewage disposal systems.
•
WHEREAS, through studies and experience and the direction
of the Pollution Control Agency and other agencies, a determina-
tion has been made that one acre sites are not adequate to
support an on-site sewage disposal system, and
WHEREAS, the existing winding curves and two blind
dangerous underpasses contribute to the hazards of the increased
traffic along Orono Orchards Road, and
WHEREAS, similar situations have resulted in pollution
of ground water supplies creating dangers for the health, safety
and welfare of the public, and
WHEREAS, the existing marshes and wetlands and the topography
of the land support soil condition inadequacies, and
WHEREAS, the city has no plans*of extending municipal
sewer or adding roads to the area, and
WHEREAS, other property owners in the area have respected
and relied upon the zoning classification of two.acre lot sizes
in the development of their properties, and
• WHEREAS, the Cheyenne Land Company has requested approval
of the proposed:=rezoninq__of the twenty-nine acres of dry
buildable land contained in the property as described on the
proposed plat map into twenty-nine one acre residential build-
ing sites now that the property has been rezoned to a RR -1B - two acre
residential district,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota that:
�.� 1. That the application for the proposed rezoning from'
SRR 1B to R-lA;into` twenty- nine one -acre lots`be denied and
2. That the proposal would be in violation of the Wetlands
Ordinance No. 125.
3. That municipal sanitary sewer i's,not available.
s:
4. That traffic hazards would increase with increased
development.
5. That the proposed one acre sites are not adequate to
support private on-site sewage disposal systems.
0
0
6. That storm water runoff problems would result from
denser development.
7. That approval of one acre sites would be a clear
case of spot rezoning and result in a diminution of value to
surrounding properties.
8. That possible future highway construction would dis-
rupt all residents of the property at that time.
9. That the proposed subdivision would be contrary to
the Comprehensive Land Use Plan previously adopted by the city
and the intents and purposes of the Zoning Code.
The foregoing resolution was adopted by the City Council
of the City of Orono on December 8 197 5 by a vote
of 5 ayes and 0 nays.
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ATTEST:
A//
Walter R. 8en�on
Clerk/Administrator
•
Robert L. Searles, Mayor