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HomeMy WebLinkAboutResolution 4372 Yi • . . / � O� • O O ��b - CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL '� G . . � ��kESH.�4�' NO. .� c`� ��' °►��' A RESOLUTION DENYING REZONING AND COMPREHENSIVE PLAN AMENDMENT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF COUNTY ROAD 6 AND WILLOW DRIVE NORTH PID 28-118-23 44 0001 -FILE NO. 2522 WI�REAS,Bancor Group,Inc. (hereinafter the "applicant") on August 18, 1999, filed an application requesting rezoning,a comprehensive plan amendment, conditional use permit and subdivision for a property located at the southwest corner of County Road 6 and Willow Drive North with the City for property legally described as: That part of the East 1/2 of the Southeast 1/4 of Section 28, Township 118, North • Range 23 West of the Sth Principal Meridian lying Southerly of the centerline of County Road No. 6 as recorded in Book 70, page 3844152 in the office of the Register of Deeds, Real Estate Division, Hennepin County, Minnesota. . (hereinafter "the property"); and WfiEREAS, The applicant has applied to the City of Orono (hereinafter "the City") for a subdivision of property including rezoning the property from RR-1B, two acre rural residential to R-lA one acre residential; a conditional use permit to permit the property to develop as a Planned Residential Development (PRD); and a Comprehensive Plan Amendment to change the land use designation of the property from two acre rural residential to one acre residential; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zonirig and Subdivision Codes, the Orono Planning Commission held a public hearing on September 20, 1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and • Page 1 of 4 . . • , � � � O� • O O , - CITY of ORONO � ti � �'� . RESOLUTION OF THE CITY COUNCIL � ��kESH04��' NO. � e� $�' � ' NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the fmdings noted above, the City Council of the City of Orono hereby denies the requests for rezoning and a Comprehensive Plan amendment on a vote of 5 to 0 based on the following findings of fact: � FINDINGS 1. The applicant had submitted a request for rezoning the property from RR-1B two acre rural residential to R-lA one acre residential. The rezoning of the property - requires a Comprehensive Plan Amendment to allow the property to be developed at greater than two acre density. 2. The application was part of an request for a 49 lot subdivision and a conditional use permit to permit the property to develop as a Planned Residential Development. • 3. The property contains a total of 58.43 acres of land, w-ith 51.89 acres being dry buildable. � 4. On May 23, 1988 the City Council adopted Comprehensive Plan Amendment #2. Amendment 2 was a result of a land use study along the Highway 12 corridor. The area east of Old Crystal Bay Road, north of Highway 12, south of County Road 6 and west of Willow Drive was guided for two acre density single family homes. The Comprehensive Plan states the wetlands and natural vegetation in the area provide an excellent transition between the more intense use planned for the south and single family 2-acre to the north. Utilizing this as a break, the area to the north will remain at the 2-acre rural residential standard. 5. Rezoning the property would not provide an alternative housing style or provide . � for a housing need not being met. This plan appears to provide the types of housing that would be provided under the existing zoning. � • Page 2 of 4 i ' � O� • O O �6 CITY of ORONO � � �,� �,'ti� RESOLUTION OF THE CITY COUNCIL , � �9kESII�4�' NO. `� � ';� c6''.. 6. Property to the north and east is guided and zoned for two acre residential use. A number of concerned citizens from the locality offered comments at the Public Hearing with the Planning Commission on September 20, 1999. Many local and future residents stated they chose to live in Orono and parts of Medina for the two acre zoning and rural character. Many expressed one acre zoning may have a negative impact on the neighborhood and cause additional tra�c using Willow . Drive North and County Road 6. 7. Rezoning the property will alter the essential character of the neighborhood.� The � property can be put to a reasonable use under the existing zoning. 8. Developing the site as a PRD under the existing RR-1B zoning would allow the property to serve as a transition between the low density 2 acre lots and non- residential uses. • 9. The Orono Planning Commission held a public hearing on September 20, 1999 and recommended denial of the application on a vote of 6 to 0 and noted the following facts: � A. The Orono Community Management Plan was amended with Comp Plan Amendment Number 2 indicating the plan for the subject site is to develop at a two acre rural density development and the Planning Commission is not in a position to change the Comprehensive Plan. B. If the City of Orono rezoned property it should be to provide an alternative housing style or provide for a housing need not being met. This plan appears to provide the types of housing that would be provided under the existing zoning. C. The proposed number of lots (49) may be too dense. A plan reducing the amount of developable lots would be more desirable. D. Municipal sewer and water are available to the property. The proposed development of the property would take advantage of the services available. • Page 3 of 4 � . . ► .. � O� � O O e - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL . ��kESII�4��' � NO. � � � � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of November, 1999. � ATTEST: , . � ��-� Linda S. Vee, City Clerk Gabrie Jabbour, Mayor STATE OF MINNESOTA ) ) ss. , COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 8th day of November, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � � � ;.: 'c".L�:'�..,"�.�'..c6:°'F""'���"'"„c;,_ �., .�t �^.'�?:..�i �'�i�v ,� �r�2,l.s...� :d .,,--:�}, CAROLE A.NASEP��A,N NOt Public +< f;�;_�t�;; N07NRY FUBUC-A�IP�IdESOTA � 1ty '3 0:��F.: , ��.,,,;:• HENNEPIN COUNTY My Commission Explres Jan.31,2000 � . : '�'�'-;�� � Page 4 of 4