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HomeMy WebLinkAboutResolution 2525City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2525 A RESOLUTION APPROVING THE REZONING APPLICATION OF SIDNEY REBERS THAT WOULD REZONE CERTAIN PROPERTIES FROM RR -1B TO R -1A FILE NO. 1333 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, per Kinnesota Statute 462.357, Subdivision 4 and Section 10.10 of the Orono Municipal Code, the City Council of the City of Orono (hereinafter "City Council") is responsible for reviewing and acting on all applications to amend the official zoning map of the City; and WHEREAS, the City Council has considered the application for rezoning by Sidney Rebers (hereinafter "the applicant") to rezoning from •RR -1B to R-lA the property legally described in Exhibit A, attached to this resolution (hereinafter "the property"); and WHEREAS, on May 23, 1988, the City Council adopted Comprehensive Plan Amendment No. 2 that approved certain zoning changes and the extension of municipal services to the property; and WHEREAS, on September 19, 1988, the Planning Commission of the City of Orono recommended approval of the rezoning application of the applicant finding the proposal consistent with the objectives and goals of the Comprehensive Plan Amendment No. 2; and WHEREAS, the City Council reviewed the comments of the Planning Commission, reports and oral comments of the City staff, the written and oral comments of the consultant/planner, John Shardlow, and the comments of the applicant's consultant, and the comments of the affected neighbors noting the,following findings: 1. The property consists of 32.6 acres in area. 2. The variations in topography on the property range from 994' to 1,044' with over 50' of grade separation. 3. The property contains a mature forest of maples and other deciduous trees along the northwest and mature nursery stock of pines • and other evergreens along the east portion. 4. The Hennepin County Soils Survey defines the soil profile of the property as predominately clay to clay loam. This type of soil profile presents several limitations for the installation and maintenance of on-site sewage disposal systems. Page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2525 5. The property was designated as Area 4 in the Comprehensive Plan Amendment No. 2. In the land use section of the plan, this area was selected for change in land use/zoning and for the extension of municipal services. 6. The property is now located within the Metropolitan Urban Service Area (MUSA). 7. The extension of sewer can be furnished either from existing sewer lines in Long Lake. to the southeast of the property or from the existing sewer lines within the City of Orono to the west of the property. 8. As a part of this rezoning application, the applicant has formally petitioned for connection to municipal sewer and has agreed to pay the cost of the improvement. • 9. The recommended alternative for development of this property was for single family densities at 1 to 2 acre. Section 10.32, Subdivision 2, Planned Residential Development states, "the total number of building lots or dwelling units shall not exceed the number of such lots or units permissible under the minimum lot size require- ments of the zoning district or districts in which such land is situated." Rezoning is necessary to meet the agreed upon density set forth in Comprehensive Plan Amendment No. 2. 10. The one acre single family residential zone acts as an excellent buffer or transition zone between the commercial corridor along the Highway and the surrounding 2 acre rural residential properties to the north, east and west. 11. The proposed rezoning of the property would meet the intent of the principal goals set forth in Comprehensive Plan Amendment No. 2 entitled "Compatible Uses and Transitions", which states as follows: "A significant concern is to develop land uses that provide appropriate transitions between the traffic and noise associated with Highway 12 and quality single family neighborhoods beyond. More intensive commercial uses were judged to be appropriate adjacent to the highway, but these uses should not extend so far back from the highway corridor so as to adversely affect any established neighborhoods. Any development should be limited by • the location of existing natural features and the capacity within the available utility systems. Page 2 of 3 • • City of oR,olvo RESOLUTION OF THE CITY COUNCIL NO. 2525 12.. In reviewing the alternatives in relation to the established goals and objectives for the study area, it was determined that it would be appropriate that the significant areas of land in the corridor be developed as something other than the 2 acre single family rural residential. Such development would need to be of a density that improvements to the transportation and utility systems could be paid for by such development. . . 13. In a memo prepared for this rezoning application dated 9/19/88, Page 2, entitled "Comprehensive Plan Relationships, Zoning Issues" John Shardlow notes the following: "The Highway 12 Corridor Study anticipated the development of single family residential lots on the northern portion of the site and that is what is being applied for in this request. The recommended alternative states that the density should not exceed 25 lots, which is the number shown on the proposed plat. Therefore, at the most basic level, this request is consistent with the Comprehensive Plan." 14. The adjacent surrounding rural zoned properties cannot be considered, for higher density, urban zoning because these areas were not included within the Highway 12 study nor relocated within the Metropolitan Urban Service Area. NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council approves the rezoning application of Sidney Rebers that would rezone the property legally described above from RR -1B to R-lA, and further directs staff to publish in the official newspaper of the City the ordinance amending the official zoning map of the City as specified above, subject to the condition that the applicant shall enter into an agreement with the City to pay without appeal for City authorized sewer service to the property. 1988. ATTEST: Adopted by the City of Orono Council on this 10th day of October, Hallin, City Clerk Jame Page 3 of 3 . Grabek; 0 • U 0 • 1 ORDINANCE NUMBER 64, SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY LISTING THE LEGAL DESCRIPTION OF A CERTAIN PROPERTY WITHIN THE CITY REZONED FROM RR -1B TO R-lA THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section I. The municipal code of Orono is hereby amended by amending the official zoning"map and zoning use district boundries for property legally described below: That part of 'a property located in the east half of the northwest quarter of Section 34, Township 118, Range 23, described as follows: That part lying north of a line drawn 1,115 feet south of and parallel with the north line of the east half of the northwest quarter of Section 34. To be hereby rezoned from the RR -1B Rural Single Family Residential District to R-lA, Single Family Residentail District. Section 2. This ordinance shall be published in the Laker/Pioneer newspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of October, 1988.