HomeMy Public PortalAbout1999-061135
Member Johnson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.99-61
RESOLUTION DENYING REQUEST FOR REZONING OF
PROPERTY CONSISTING OF 40 ACRES± WEST OF
COUNTY ROAD 116 AND NORTH OF T.H. 55
WHEREAS, Rolling Green Business Park LLC (the "Applicant') is the fee owner of
property consisting of 40± acres located generally north of T.H. 55 and west of Co. Rd. 116 in the
vicinity of Meander Road, which land is legally described on Exhibit A attached hereto (the
"Property"); and
WHEREAS, the Applicant has requested that the Property be rezoned from rural
residential to urban commercial ("UC"); and
WHEREAS, the application was reviewed by the planning commission at its meeting on
July 13, 1999; and
WHEREAS, the application was reviewed by the city council at numerous meetings
including those held on August 3, September 7, September 21, October 5 and October 19, 1999;
and
WHEREAS, the Medina city council (the "City") has heard extensive testimony and
received substantial evidence regarding the proposed rezoning at its various meetings; and
WHEREAS, for the past 18 months the City has been engaged in the process of revising its
comprehensive plan, as required by state law; and
WHEREAS, on October 5, 1999 the City adopted a new comprehensive plan, after
extensive review by the planning commission and city council, and authorized the transmission of
the comprehensive plan to the Metropolitan Council for its review, as required by state law; and
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WHEREAS, the differences between the new comprehensive plan approved by the City on
October 5, 1999 and the City's current comprehensive plan, which was adopted in 1992, will likely
result in the need to make extensive revisions and additions to the City's official controls; and
WHEREAS, on October 5, 1999 the City also adopted an interim ordinance (the "Interim
Ordinance") to protect the planning process and to give the City an opportunity to consider and
adopt amendments to the City's official controls which will be necessary to implement the new
comprehensive plan; and
WHEREAS, the Interim Ordinance became effective on October 14, 1999 and prohibits
development of specified lands within the City, including the Property, which are subject to a
moratorium on development until adoption of amendments to the City's official controls; and
WHEREAS, the Property cannot be rezoned to UC and developed as requested by the
Applicant without conflicting with and violating the provisions of the Interim Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, that the application for rezoning of the Property from rural residential to urban
commercial is denied for the following reasons:
1. The Property is subject to the Interim Ordinance which was adopted on October 5,
1999 and became effective on October 14, 1999. The Interim Ordinance establishes
a moratorium on development of the Property until adoption of amendments to the
City's official controls. Rezoning of the Property to UC and development thereof as
proposed by the Applicant is inconsistent with and in violation of the Interim
Ordinance.
2. The application to rezone the Property to UC is inconsistent with the urban
commercial 1 land use designation of the new comprehensive plan and is
inconsistent with the land use policies articulated in the comprehensive plan for the
UC-1 district, including but not limited to, policies E1, E2, E3 and E4 of Section 3
of the new comprehensive plan. The rezoning as proposed by the Application is
also likely to be in conflict with the amended official controls to be adopted by the
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City prior to the expiration of the Interim Ordinance.
3. The application to rezone the Property does not meet the criteria, vision or land use
of the 1992 comprehensive plan.
Dated: November 2,1999.
Farr,/
John/: Ferris, Mayor
ATTEST:
Paul Roo mson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member Zietlow
and upon vote being taken thereon, the following voted in favor thereof:
Ferris, Hamilton, Johnson, Smith, and Zietlow
and the following voted against same: None
Whereupon said resolution was declared duly passed and adopted.
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