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HomeMy Public PortalAbout1991-77Member 44/ rae fi introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 9/ 77 RESOLUTION GRANTING DEVELOPMENT PLAN AND SITE PLAN APPROVAL TO LAUREL J. AWES WHEREAS, Laurel J. Awes (Applicant) has requested development plan and site plan approval for a commercial riding stable on certain property located in Hennepin County, Minnesota (Property), which Property is legally described as follows: That part of the northeast quarter of the northwest quarter of Section 5, Township 118, Range 23, which lies northeasterly of the centerline of Pioneer Trail (Old County Road 9); subject to the rights -of -way of Pioneer Trail and Minnesota Trunk Highway 55; Hennepin County, Minnesota; and WHEREAS, the Applicant has also requested a subdivision of such Property from the land lying southwesterly of Pioneer Trail (Other Land), which is legally described as follows: That part of the northeast quarter of the northwest quarter of Section 5, Township 118, Range 23, lying southerly of Pioneer Trail north of the east 119 feet thereof and easterly of a line running northerly from a point in the south line of said northeast quarter of the northwest quarter at an angle of 105 degrees 33 minutes 32 seconds with said south line said point being 944 feet west from the southeast corner of said northeast quarter of the northwest quarter; and WHEREAS, the planning commission and city council have reviewed the Applicant's request for conformance with the provisions of Sections 827.27 et seq. (PUD Ordinance) and Sections 820.01 et seq. (Subdivision Ordinance) of the Medina Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina that the City makes the following findings with regard to the Applicant's request: 1. The development plan and site plan are compatible with the standards, purposes and intent of the PUD ordinance; 2. The development plan and site plan are consistent with the goals and policies of the City's comprehensive plan; 3. Approval of the development plan and site plan will not have a detrimental affect on adjacent property but PUD zoning and a PUD Agreement are necessary because: (a) The Property is to be subdivided from the Other Land, thus effectuating a division from a 1986 lot consolidation; (b) The dwelling unit on the Property is an apartment in the barn and not a free standing single family house as is required in the RR-2 zone, while the single family house is and will remain on the Other Land; (c) The hard surface coverage of the Property is 47 percent versus the 40 percent allowed in the RR-2 zone; (d) The Applicant wishes to keep 28 horses on the Property, but the RR-2 zone only permits 20 horses; and (e) The Property does not have and will not have sewer service in the foreseeable future; the anticipated sewage treatment area, even with alternate site, is marginal; and but for the special provisions of the PUD Agreement, the Property may not be able to sustain the level of useage to which Applicant wishes to put it; and 4. The development plan and site plan provide for adequate internal site organization, uses, densities, circulation, parking, open space, buffering and landscaping and therefore, ameliorate the shortcomings of the RR-2 zoning ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Medina as follows: 5. The Applicant's development plan and site plan attached hereto as Exhibit A are approved; 6. The Property is rezoned PUD RR-2 upon adoption of an ordinance in the form attached hereto as Exhibit B; 7. Approval of the development plan and site plan and rezoning of the Property to PUD RR-2 are conditioned upon execution of a PUD Agreement in the form attached hereto as Exhibit C; and 8. Approval of the development plan and site plan and rezoning of the Property to PUD RR-2 are conditioned upon execution of a Petition and Waiver Agreement in the form attached hereto as Exhibit D and execution of certain easements in the forms attached hereto as Exhibits E1, E2 and E3. 2 DATED: !-' - ' , 1991. ATTEST: Donna Roehl, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: r m : ijir/%// %ii �s f .2 le ! 7� sv and the following voted against same: o e z'G Whereupon said resolution was declared duly passed and adopted. ME230:092 3