HomeMy WebLinkAboutResolution 6497 ���� C ITY OF ORONO
RESOLUT'ION OF THE CI"I'Y COUNCIL
��� �• N o. b 4 9 7
�kEsxo��
A RESOLUTION
DENYING A REZONING
TO RESIDENTIAL PLANNED UNIT DEVELOPMENT
FOR THE PROPERTY AT 2500 KELLY AVENUE
FILE #14-3686
WHEREAS, the City of Orono is a municipal corporation organized and existing under
the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of
the City of Orono has adopted zoning regulations for the protection of the public health, safety
and general welfare; and
WHEREAS, David J. Delaney (hereinafter the "Owner") is the owner of the property
located at 2500 Kelly Avenue within the City of Orono (hereinafter "the City") and legally
described as follows:
Lot 2, Block 1, ORONO HILLS, Hennepin County, Minnesota
(hereinafter "the Property"); and
WHEREAS, John T Bessesen of Benchmark Commercial Real Estate in conjunction
with Tom Wasmoen of Firm Ground Architects and Engineers, Inc. (hereinafter the "applicants")
on behalf of the Owner on August 19, 2014 submitted a formal application for an amendment of
the City of Orono Comprehensive Plan to allow property guided for single family detached
residences at a density of 2-3 units per acre to be reguided to allow development of twinhomes,
and for a conditional use permit to allow development and construction of 5 twinhomes via the
Planned Residential Development(PRD) process; and
WHEREAS, after due published notice and mailed notice in accordance with Minnesota
Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public
hearing on September 15, 2014, at which times all persons desiring to be heard concerning this
application were given the opportunity to speak thereon; and
WHEREAS, at the public hearing on September 15, 2014 it was noted that the request
had incorrectly been characterized as a conditional use permit for PRD, and that after further
research of the zoning code, the application should be considered as a request for rezoning to
Residential Planned Unit Development(RPUD); and
Page 1 of 3
�s>»a�z
�o�o
C ITY OF ORONO
RESOLUTION OF THE CIT'Y COUNCIL
� � 6497
F G �o.
`�kFSH�R�
WHEREAS, on September 15, 2014 the Planning Commission voted 7-0 on a motion to
table the application; and
WHEREAS, on September 19, 2014 the applicants were notified in writing that the City
was extending the 60-day review period an additional 60 days to December 19, 2014; the
applicants subsequently on November 17, 2014 requested in writing an additional 90 day
extension of the formal application review period to March 19, 2015; and on March 4, 2015
requested an additional 90 day extension to June 17, 2015; and
WHEREAS, in March 2016 the applicants submitted a revised proposal requesting
consideration of a plan for development and construction of 4 twinhomes on the Property subject
to approval for RPUD rezoning; and
WHEREAS, on March 16, 2015 the Orono Planning Commission held a second public
hearing pursuant to mailed notice, received comments from the applicants and the public with
regard to the proposed rezoning, and subsequently on a vote of 5 ayes, 1 nay and 1 abstention,
recommended denial of the rezoning request; and
WHEREAS, the Orono City Council reviewed the application and accepted additional
comments by the applicants and the public at its regular meeting held on April 13, 2015; and
WHEREAS, the City Council has reviewed the application; the findings and
recommendations of the Planning Commission; reports by City staff; and the comments and
written statements submitted by the applicants as well as those received from members of the
public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby denies the requested rezoning to allow the development of twinhomes as described above
based on one or more of the following findings of fact concerning the Property:
1. The analysis contained within staff inemos dated September 15, 2014; March 12, 2015;
and April 9, 2015; and the exhibits attached to the aforesaid memos, all minutes from
these meetings; and any and all other materials distributed at these meetings are hereby
incorporated by reference.
2. The Property is zoned LR-1B Single-Family Lakeshore Residential District. Permitted
uses under this designation include city-owned public service structures, gardens,
municipal buildings, non-rental guest apartments, one family detached dwellings, and
publicly owned parks and playgrounds.
Page 2 of 3
is�i�a�2
�0��
C ITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
� '� 6
� 49 7
�' G' N o.
`�kFS Ho��
3. The Property contains a gross area of approximately 4.59 acres, of which approximately
1.6 acres is contained within an existing Flowage and Conservation Easement, leaving a
net developable area of approximately 3.0 acres.
4. The Council finds that the Property contains less than the 5.0 acres required by Zoning
Code Section 78-626(1) for RPUD rezoning and does not find the existence of any of the
four conditions noted in Section 78-626(1) which would allow for the rezoning to RPUD
of a property less than 5 acres in area. Specifically, the Council finds that the Property
does not contain any unusual physical features such that granting an RPUD will conserve
any topographic features of importance to the neighborhood or community. There are no
RPUDs adjacent to or across the public street from the Property. The Council finds that
the proposed use does not provide a reasonable or necessary transition between a
commercial or industrial area and an existing residential neighborhood. The proposed
use on the Property doubles the currently allowed density of the LR-1 B zone. This type
of density is inconsistent with the existing residential density in the surrounding area. The
twinhome and clustered concept housing are inconsistent with the single family housing
within this area. The Property contains areas of steep slopes and woods that would not
necessarily be better preserved under the proposed density and scheme of development as
compared to a standard development plan with the existing zoning.
5. The Council finds that rezoning of the Property to allow 8 dwelling units on 3 acres of
developable property resulting in a density of 2.7 units per acre is inconsistent with the
lower density of the immediate neighborhood in which most developed residential lots
are approximately 1 acre in size or larger.
6. The Council finds that the development of twinhomes on the Property would be
incompatible with the primarily single-family residential character of the neighborhood
served by Kelly Avenue because of the massing of the twinhomes.
Adopted by the City Council of the City of Orono on this 27th day of April, 2015.
ATTEST:
�
_ ;
�, �
___ �, , _ � � .� ��,�.�.:
,
c'c���,� _� �L:.
iane Tiegs, Cit}� �'lerk Lili Tod McMillan, Mayor
Page 3 of 3
�gii�a�2