HomeMy WebLinkAbout#4929-Denying amendment to PUD-2002 , � . � _-_ __
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A RESOLUTION DENYING AMENDMENTS TO
PLANNED UNIT DEVELOPMENT NO. 1
FILE NO. 02-2780
WHEREAS, Clifford L. Otten, President of Otten Bros. Nursery, (hereinafter "the
applicant") has applied to the City of Orono for an amendment to Planned Unit Development No.
1 located at 2350 West Wayzata Boulevard within the City of Orono (hereinafter "the City") and
legally described as follows:
Lot l, East Willow Woods, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the City of Orono approved PUD Agreement No. 1 for the property
setting parameters for the use of the property as a commercial site and nursery; and
WHEREAS, the Clifford Otten has requested to amend the PUD Agreement to
include all uses permitted within the B-1 zoning district and to allow all restaurant uses as permitted
in the PUD; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearin�on May 20, 2002, at which time all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #02-2780.
2. The property is zoned PUDB-6. The standards by which the PUD is permitted are
defined in PUD Aareement No. 1 and Amendment No. 1, dated October 12, 1998.
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3. The Planning Commission reviewed the application for variances and recommended
denial by a vote of 7 to 0 based on the following findings:
: A. The City created the B-6 zonina district specifically for the commercial areas
on the north side of Highway 12. The district was developed to limit the
intensity of retail uses, and to provide for uses that are compatible with the
residential uses to the north.
B. Both lot 1 and lot 2 of the Otten property are zoned B-6. This is a large
amount of property, the development or redevelopment of which will have
a substantial impact on the character of the Highway 12 area.
C. Any changes to the PUD, or to the zonin� of the property to add new
permitted uses needs to be done carefully, and in a way that ensures the use
of the property fits into the City's plans for the broader Highway 12 area. If
the property is opened to all B-1 uses,the property could be changed to a mix
of uses that is incompatible with,or detrimental to,the plans for the Highway
' 12 area.
D. The Planning Commission has recommended approval of a concession stand
style restaurant for the property to include a concession stand that is located
within the retail and garden portion of the building. The concession stand
operates �vith a limited menu and is open generally at 8:00 a.m, and closes
one hour before the nursery closes. The area where this use operates is
approximately 900 s.f. in area. A total of 10 tables and 44 chairs aze located
neYt to the concession stand.
E. In 1996 the City of Orono removed Class I restaurants as a permitted use in
the B-6 district.
F. Any proposed uses not cunently permitted within the PUD document can be
reviewed independently as an amendment to the existing PUD. Parking on
the site, access, and other site plan issues should be considered when
reviewing a use that is not permitted in the Highway 12, B-6 District.
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CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby denies the
request to amend PUD Agreement No. 1 to add all B-1 uses as permitted uses.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on
the 8th day of July, 2002.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 8th day of July, 2002 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City. `
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� ° My Corrmission Expires Jan.31 2005 �
�,��..<-��_.-_:_.�.-,.:_..�.:�.�<� ,�.,�,•.c-�, �. Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this ���� day of
��.�� , 200 Z- by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal co ration and said instrument was executed on behalf of the City.
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y;} t�'y Commis,ion Expires Jan.3i,2005 Notary Public
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