HomeMy WebLinkAboutResolution 6589Ro
HQ
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 6580
A RESOLUTION
DENYING A REZONING
TO B-4 OFFICE/ PROFESSIONAL
FOR THE PROPERTY AT 2380 SHADYWOOD ROAD AND
A CONDITIONAL USE PERMIT FOR A NURSING HOME
FILE #16-3802
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, Paul Agre Company (hereinafter the "Owner") is the owner of the property
located at 2380 Shadywood Rd within the City of Orono (hereinafter "the City") and legally
described as follows:
Lots 19, 20, 21 and 22 Wiley's Navarre Addition, Lake Minnetonka, according to
the recorded plat thereof, and situate in Hennepin County, Minnesota and that part of lot 5, Block
3, Townsite of Langdon Park, described as follows: beginning at the northeasterly corner of said
lot 5; thence northwesterly along the northerly line of said lot 5 to the northeasterly line of the
public highway running across said lot 5 and known as Minnetonka Lake Park and Maple Plain
Road (now County Road No 19); thence southeasterly along the northeasterly line of said road to
the easterly line of lot 5; thence northerly along the easterly line of said lot 5 to the point of
beginning, according to the recorded plat thereof, and situate in Hennepin County, Minnesota
including adjacent 112 of vacated street (hereinafter "the property"); and
WHEREAS, Todd Ofsthun of TCO Design (hereinafter the "applicant") on behalf of the
Owner on December 16, 2015 submitted a formal application for an amendment of the City of
Orono Zoning Ordinance to allow property guided for Commercial and Mixed Use to be rezoned
from B-5 Limited Neighborhood Commercial to B-4 Office/ Professional
WHEREAS, Applicant on December 16, 2015 submitted a formal application for a
Conditional Use Permit to allow property to be used for a Comprehensive Care Facility, a use
similar to Nursing Home, (collectively, applications); and
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RESOLUTION OF THE CITY COUNCIL
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WHEREAS, after due published notice and mailed notice in accordance with Minnesota
Statutes and the Orono, City Code, the Orono Planning Commission held a public hearing on
January 19, 2016, at which times all persons desiring to be heard concerning this applications were
given the opportunity to speak thereon; and
WHEREAS, on January 19, 2016 the Planning Commission voted 6-0 to approve the
applications; 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 February 8, 2016; and
WHEREAS, the City Council has reviewed the applications; the findings and
recommendations of the Planning Commission; reports by City staff; and the comments 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 and Conditional Use Permit to allow the development of a
Nursing Facility (Comprehensive Care Facility) based on one or more of the following findings of
fact concerning the Property:
1. The analysis contained within staff memos dated January 19, 2016 and February 8, 2016;
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 located in an area where the City, through the current zoning, is trying to
promote traditional retail operations rather than office and other professional businesses.
3. The B-5 zoning district is intended to provide opportunity for businesses that supply
commodities or perform a service primarily for residents in the surrounding neighborhood.
The proposed use is more regional in nature.
4. The B-4 zoning district is intended for office and professional businesses, primarily
administrative offices, with limited contact with the public. The Property is located in a
high visibility, high traffic area best suited to convenience retail, not destination businesses.
The proposed use is considered by the Council a destination business.
5. The Property is currently appropriately zoned B-5 Limited Neighborhood Commercial.
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RESOLUTION OF THE CITY COUNCIL
NO. 6 5 8
6. The Property is located in an area the city envisions as a downtown, and the proposed
nursing facility is inconsistent with this goal.
7. Rezoning the Property to B-4 would allow for uses that are not appropriate for the property
given the location adjacent to residentially zoned property and proximity to public
amenities such as the Dakota Trail and the city park.
8. Rezoning the property from B-5 to B-4 creates more intense uses than is currently allowed
and may have negative impacts on the surrounding properties.
Adopted by the City Council of the City of Orono on thi94-1h day 2016.
ATTEST:
J "
e Tiegs, City Clerk
J2 k�A"
Lih Tod McMillan, Mayor
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