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HomeMy Public PortalAbout386CITY OF MEDINA ORDINANCE NO.386 AN ORDINANCE APPROVING GENERAL PLAN OF DEVELOPMENT AND REZONING PROPERTY TO PLANNED UNIT DEVELOPMENT SINGLE FAMILY RESIDENTIAL 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, LLC (the "Developer") regarding the rezoning and platting of certain land in Medina generally located north of State Highway 55, north of Chippewa Road and east of Arrowhead/Hackamore Road, which land is legally described in Exhibit A attached hereto (the "Property"). 1.02. The Developer has proposed to develop the Property in accordance with the Section 827.24 et seq. of the Medina city code (the "PUD Ordinance"). 1.03. On January 11, 2005 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. 1.04. On February 1, 2005 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. 2.03. The General Plan of Development will not have a negative impact on the neighborhood in which it is located. Ordinance No. 386 June 21, 2005 1 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 Single Family Residential (PUD-SFR). 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. c. The Developer must execute an agreement or make other financial arrangements satisfactory to the City to ensure full payment for the public infrastructure improvements detailed in the city staffs and the Developer's correspondence of May 4 and May 10, 2004; 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. 3.03. The General Plan of Development is subject to approval of Preliminary Plat approval. Section IV. Effective Date. 4.01. The City staff is authorized and directed to publish this ordinance rezoning the Property from Rural Residential — Urban Reserve to Planned Unit Development Single Family Residential upon satisfaction of all the above terms and conditions. Adopted by the city council of the City of Medina this 21st day of June, 2005. Bruce D. Workman, Mayor ATTEST: Chad Adams, Administrator -Clerk Published in the South Crow River News this 11 th day of July, 2005. Ordinance No. 386 June 21, 2005 2 EXHIBIT A Parcel 1: Tract E, Registered Land Survey No. 1368, Hennepin County, Minnesota. Parcel 2: Tract F and G, Registered Land Survey No. 1368, Hennepin County, Minnesota. Parcel 3: That part of the South Half of the Northeast Quarter of Section 3, Township 118, Range 23, Hennepin County, Minnesota, lying Southeasterly of the following described line: Commencing at the Southeast corner of said South Half of the Northeast Quarter; thence North 01 degrees 13 minutes 50 seconds East on an assumed bearing along the East line of said South Half a distance of 833.09 feet to the point of beginning of the line to be described; thence South 22 degrees 09 minutes 09 seconds West a distance of 86.32 feet; thence Southerly 173.73 feet along a tangential curve concave Southeasterly, having a central angle of 11 degrees 25 minutes 46 seconds and a radius of 870.89 feet; thence South 10 degrees 43 minutes 23 seconds West, tangent to said curve, a distance of 534.34 feet; thence Southerly 29.99 feet along a tangential curve concave Easterly, having a central angle of 10 degrees 06 minutes 25 seconds and a radius of 170.00 feet; thence South 00 degrees 36 minutes 58 seconds West, tangent to said curve, a distance of 30.00 feet to the South line of said South half and said line there terminating. Ordinance No. 386 Exhibit A June 21, 2005