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HomeMy Public PortalAbout2004-033 Resolution Granting Conditional Approval of a Comp Plan AmendmentMember Workman introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 04-33 RESOLUTION GRANTING CONDITIONAL APPROVAL OF A COMPREHENSIVE PLAN AMENDMENT Section I. Recitals. 1.01. The city of Medina (the "City") has received an application from Charles Cudd Co. (the "Developer") regarding a comprehensive plan amendment for certain land in Medina generally located north of Chippewa Road, east of Arrowhead Drive/Hackamore Road and west of Lake Medina, which land is legally described in Exhibit A attached hereto (the "Property"). 1.02. The Developer has an agreement to purchase the Property from the fee owner. 1.03. In September, 2000 the Metropolitan Council approved the City's comprehensive plan. In November, 2001 the City approved the final comprehensive plan and the plan became effective. 1.04. According to the comprehensive plan, the Property is currently guided Rural Residential - Urban Reserve, which designation anticipates that development will not occur until 2020. 1.05. The Developer's proposal includes amending the comprehensive plan to change the guide plan designation of the Property to PUD — Planned Unit Development, which would allow development in the immediate future. 1.06. On March 9, 2004 the planning commission held a public hearing on the proposed comprehensive plan amendment for the Property, after which hearing the planning commission recommended approval of the comprehensive plan amendment. 1.07. On April 6, 2004 and May 18, 2004 the city council reviewed the Developer's application for a comprehensive plan amendment, considered the planning commission's recommendations regarding the application, and heard additional testimony from the Developer and others wishing to address the city council regarding the matter. Section II. Findings. 2.01. Based on the recommendations of the planning commission and other evidence presented to the city council, the city council determines that it is in the best interest of Medina that the comprehensive plan be amended with regard to the Property for the following reasons: a. The Property is adjacent to other land currently served by municipal urban services; Resolution No. 04-33 June 1, 2004 1 b. The Property includes a wooded area which will be preserved in its natural state and made available for public use; c. The Property will be developed with a separate private water system for non - domestic use which will minimize the impact of the subdivision on the city's municipal water system; d. The Property will be developed with significant infrastructure improvements benefiting the Property and adjacent areas without public expense; e. The Property will be developed in phases, which will minimize the impact of residential growth on the demand for city services; and f. The Property provides a natural boundary between the areas to the east in which municipal urban services are available and the land to the west which contains a large percentage of wetlands and will be difficult to develop at urban densities. 2.02. Based on the above findings, conditional approval is hereby granted for the comprehensive plan amendment. Approval is granted subject to the following terms and conditions: a. The Developer must execute a development agreement satisfactory to the City which provides for construction of the public infrastructure improvements serving the Property; b. The Developer must execute a petition and waiver 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; c. The Developer must submit applications for rezoning and subdivision of the Property; and d. The Developer must pay to the City an administrative fee in an amount sufficient to reimburse the City for its cost in reviewing this application. 2.03. The City's approval is subject to approval of the comprehensive plan amendment by the Metropolitan Council and revision of its municipal urban services area to include the Property. Dated: June 1, 2004 ATTEST: Chad M. Adams, Administrator -Clerk Resolution No. 04-33 June 1, 2004 2 Philip libietlow, The motion for adoption of the foregoing resolution was duly seconded by member Smith and upon vote being taken thereon, the following voted in favor thereof: Workman, Lane, Zietlow, Smith, Brinkman and the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 04-33 June 1, 2004 3