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HomeMy Public PortalAbout346CITY OF MEDINA ORDINANCE NO.346 AN ORDINANCE APPROVING GENERAL PLAN OF DEVELOPMENT AND REZONING PROPERTY TO PLANNED UNIT DEVELOPMENT The city council of the city of Medina ordains as follows: Section I. Recitals. 1.01. The city of Medina (the "City") has received applications from Charles Cudd Company (the "Developer") regarding the rezoning and platting of certain land in Medina generally located south of Evergreen Road extended and east of CSAH 101, which land is legally described in Exhibit A attached hereto (the "Property"). 1.02. The Developer has a purchase agreement to purchase the Property from the fee owner and has proposed to develop the Property in accordance the Section 827.24 et Leg. of the Medina city code (the "PUD Ordinance"). 1.03. On June 5, 2001 the city council approved the Concept Plan proposed by the Developer for the Property. 1.04. On August 14, 2001 the planning commission held a public hearing on the Developer's proposed General Plan of Development for the Property and rezoning application, after which hearing the planning commission recommended approval of the General Plan of Development and rezoning, subject to certain terms and conditions. 1.05. On August 21, 2001 the city council reviewed the Developer's application for approval of the General Plan of Development and rezoning for their consistency with the PUD Ordinance and the Concept Plan, considered the planning commission's recommendations regarding the General Plan of Development and rezoning and heard additional comments from the Developer and others wishing to address the city council regarding the matter. Section II. Findings. Pursuant to the PUD Ordinance, the City makes the following findings regarding the Developer's General Plan of Development: 2.01. The General Plan of Development is compatible with the standards, purposes and intent of the PUD Ordinance. 2.02. The General Plan of Development is consistent with the goals and objectives of the City's comprehensive plan. RHB-202178v1 ME230-315 1 Ordinance # 346 September 4, 2002 2.03. The General Plan of Development will not have a negative impact on the neighborhood in which it is located. 2.04. The internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces and buffering and landscaping as described in the General Plan of Development are adequate. Section III. Rezoning. 3.01. Based on the above findings, approval is hereby granted to the Developer for the General Plan of Development and rezoning of the Property to Planned Unit Development. The approved General Plan of Development is shown on Exhibit A attached hereto and made a part hereof. Approval is granted subject to the following terms and conditions: a. The Developer must execute a development agreement consistent with this approval and acceptable to the City in form and substance; and b. The General Plan of Development and related preliminary plat are subject to the changes and modifications noted in the companion resolution approving the preliminary plat of the Property. 3.02. The General Plan of Development is subject to approval of final stage site and building construction plans prior to issuance of any building permit for the Property. Section IV. Effective Date. 4.01. The City staff is authorized and directed to publish this ordinance rezoning the Property from Multifamily Residential and Urban Residential to Planned Unit Development upon satisfaction of all the above terms and conditions. Adopted by the city council of the City of Medina this 4th day of September, 2001. Paul Robinson, Administrator -Clerk -Treasurer Published in the Lakeshore Weekly News this 23 day of October, 2001. RHB-202178v1 ME230-315 2 Ordinance # 346 September 4, 2002 Exhibit A The land to which this Development Agreement applies is located in Hennepin County, Minnesota and is legally described as follows: All that part of Lot 25, Auditor's Subdivision Number 241, Hennepin County, Minnesota, described as follows: Commencing at a point on the East line of said Lot, 578 feet North of the Southeast corner of said Lot; thence West, and parallel with the South line of the Northeast'/4 of Section 12, Township 118, Range 23, to the West line of said Lot; thence North along the West lone of said Lot to the North line of said Lot; thence East along the North line of said Lot to the East line of said Lot; thence South along the East line of said Lot to the place of beginning. RHB-202178v1 ME230-315 3 R LS NO. 167 Ordinance # 346 September 4, 2002 (THIS PAGE LEFT BLANK INTENTIONALLY) A RHB-202178v 1 ME230-315 4 Ordinance # 346 September 4, 2002 CITY OF MEDINA CITY OF MEDINA ORDINANCE NO.346 AN ORDINANCE APPROVING GENERAL PLAN OF DEVELOPMENT AND REZONING PROPERTY TO PLANNED UNIT DEVELOPMENT The city council of the city of Medina ordains -as follows: Section I. Recitals 1.01. The city of Medina (the "City") has received appli- cations. from Charles Cudd Company (the "Developer") regarding the rezoning and platting of certain land in Medina generally located south of Evergreen Road extended and east of CSAH 101,,which land is legally described in Exhibit A attached hereto (the "Property"). 1.02. The Developer has a purchase agreement to pur- chase the Property from the fee -owner and has proposed to develop the Property in accordance the Section 827.24 et seq. of the Medina city code (the "PUD Ordinance"). 1.03. On June 5, 2001 the city council approved the Concept Plan proposed by the Developer for the Property. 1.04. On August 14, 2001 the,planning commission held a public hearing on the Developer's proposed General Plan of Development for the Property, and rezoning appli- cation, after which hearing the planning commission rec- ommended approval of the Genera) Plan of Development and rezoning, subject to certain terms and conditions. 1.05. On August 21, 2001 the city council reviewed the Developer's application for approval of the General Plan of Development and rezoning for their consistency with the PUD Ordinance and the Concept Plan, considered the planning commission's recommendations regarding the General Plan of Development and rezoning and heard additional comments from the Developer and others wishing to address the city council regarding the matter. Section II. Findings. Pursuant to the PUD Ordinance, the City makes the fol- lowing findings regarding the Developer's General Plan of Development: 2.01. The General Plan of Development is compatible with the standards, purposes and intent of the PUD Ordinance. 2.02. The General Plan of Development is consistent with the goals and objectives+of the City's comprehensive plan.' 2.03. The General Plan of Development will not have a negative impact on the neighborhood in which it is located. 2.04. The internal site organization, uses, densities, cir- culation, parking facilities, public facilities, recreational areas, open spaces and buffering and landscaping as described in the General Plan of Development are ade- quate: Section III. Rezoning. 3.01. Based on the above findings, approval is hereby granted to the Developer for the General Plan of Development and rezoning of the Property to Planned Unit Development. The approved General Plan of Development is shown on Exhibit A attached hereto and made a part hereof. Approval is granted subject to the following terms and conditions: a. The Developer must execute a development agree- ment consistent with this approval and acceptable to the City in form and substance; and b. The General Plan of Development and related pre- liminary plat are subject to the changes and modifications noted in the companion resolution approving the pre- liminary plat of the Property. 3.02. The General Plan of Development is subject to approval of final stage site and building construction plans prior to issuance of any building permit for the Property. Section IV. Effective Date. . 4.01. The City staff is authorized and directed to publish this ordinance rezoning the Property from Multifamily Residential and Urban Residential to Planned Unit Development upon satisfaction of all the above terms and conditions. Adopted by the city council'of the City of Medina this 21 day of August, 2001, Paul Robinson Administrator -Clerk -Treasurer City of Medina Ordinance 346 - Exhibit A The land to which this Development Agreement applies is located in Hennepin County, Minnesota and is legally described as follows: All that part of Lot 25, Auditors Subdivision Number 241, Hennepin County, Minnesota, described as follows: Commencing at a point on the East line of said Lot, 578' feet NorthbEthe Southealfeitk er of said Lot; thence West; and parallel with the South line of the Northeast " of Section 12, Township 118, .Range 23, to the West line of said Lot; thence North along the West lone of said Lot to the North line of said Lot; thence East along the North line of said Lot to the East line of said Lot; thence South along the East line of said Lot to the place of beginning. (See Exhibit Al Published in the Lakeshore Weekly News this 23rd day of October, 2001. STATE OF MINNESOTA COUNTY OF HENNEPIN I, the undersigned publisher or editor of the Lakeshore Weekly News, swear that said the newspaper has its office of issue at 10001 Minnetonka Blvd, in the City of Minnetonka, in the County of Hennepin, State of Minnesota, and is a third class free distribution newspaper with a combined circulation of 25,000. I further state an oath that the printed Legal Notice hereto attached as a part hereof was cut from the columns of said newspaper, and was printed there �' in the English language once a week for ( weeks(s), that it was first so published on the 2_3 day of Oe i , 20P1, end last appeared on the 23 day of 2001. The following is a copy of the lower case alphabet which is acknowledged to have been the size and kind or type used in the publication of said notice. abcdefghijk rstuv y Signed (P,..'"ishdito)) Subscribed and sworn to before me this day of IJ 0 v • , 2001. Notary Public