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HomeMy Public PortalAbout2004-063 Resolution Granting Final Approval of a Comp Plan AmendmentMember Smith introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 04-63 RESOLUTION GRANTING FINAL 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. 1.08 On October 27, 2004 the Metropolitan Council approved the City's application for a comprehensive plan amendment with conditions as noted in Exhibit B. 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: Resolution No. 04-63 November 16, 2004 1 a. The Property is adjacent to other land currently served by municipal urban services; 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, final 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 staff s 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 the conditions of approval of the comprehensive plan amendment as indicated in the attached Metropolitan Council staff memo (Exhibit B) and revision of its municipal urban services area to include the Property. Dated: November 16, 2004 ATTEST: )`•-•) PhilipY Zietlo Ma or Resolution No. 04-63 November 16, 2004 2 Chad M. Adams, City Administrator -Clerk The motion for adoption of the foregoing resolution was duly seconded by member Weir and upon vote being taken thereon, the following voted in favor thereof: Weir, Zietlow, Smith, Brinkman and the following voted against same: (Absent: Workman) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 04-63 November 16, 2004 3 EXHIBIT A PARCEL A 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. PARCEL B That part of the South Half of the Northeast Quarter of Section 3, Township 118, Range 23, Hennepin County, Minnesota, lying northwesterly 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. Resolution No. 04-63 November 16, 2004 4 It Metropolitan Council November 4, 2004 Honorable Phil Zeitlow Mayor City of Medina 2052 County Road 42 Medina, MN 55340 EXHIBIT B RE: City of Medina Comprehensive Plan Amendments Metropolitan Council District 1 (Roger Scherer) Dear Mayor Zeitlow: At its October 27, 2004 meeting, the Metropolitan Council reviewed the following comprehensive plan amendments: • Bridgewater (18182-4) reguiding 123 acres from Rural Residential -Urban Reserve to Urban Residential and expands the Metropolitan Urban Service Area (MUSA) (received , 2004) • Uptown Hansel No.1 (18182-5) reguiding 6.65 acres from Multifamily Residential to "Uptown Hamel" (received , 2004) • Uptown Hamel No. 2 (18182-6) reguiding 8.5 acres from Urban Commercial to "Uptown Hamel" (received , 2004) The Council determined that the amendments conform to the Regional System Plans for — Aviation, Recreation Open Space, and Transportation— with no substantial impact or departure. The proposed Uptown Hamel amendments conform to the Water Resources Policy Plan. The proposed Bridgewater amendment does not conform to the Water Resources Policy Plan. The Council also determined that the amendments are consistent with the Council's forecasts and housing policy. The proposed Bridgewater amendment is inconsistent with the Council's Regional Growth Strategy by proposing development on land within the 2040 Urban Reserve. The amendments require an updated water supply plan and conservation program to be consistent with the water resources policies. The City may place the amendments into effect, based on the following action by the Council: 1. Allow the City to put the proposed Uptown Hamel Amendments Nos. 1 and 2 into effect. 2. Request the City submit an updated Tier H Comprehensive Sewer Plan by January 2005. 3. Request the City submit an updated Water Supply and Conservation Plan by January 2005. 4. Allow the Bridgewater Amendment to be placed into effect with the following conditions: a. That the City participate in the Council's annual plat monitoring program, b. That the City submit, as required, annual reports for the undesignated MUSA, c. That the City's overall residential density for development within the Undesignated MUSA since 2000 must be a minimum of three units per developable acre based on constructed residential units, approved preliminary plats, and the lowest allowable units on remaining residential guided land, and d. That the City submit annual Infiltration and Inflow (I/I) reports. 5. Advise the City that nonconformance with the above conditions may result in the Metropolitan Council advising the Minnesota Pollution Control Agency to not issue sewer permit hookups for developments of under three units per acre approved including the Bridgewater development. www.metrocouncitorg Metro Into Line 602-1888 230 East Fifth Street • St. Paul, Minnesota 55101-1626 • (651) 602-1000 • Fax 602-1550 • TTv 291-0904 An Equal Opportunity Employer Honorable Phil Zeitlow November 4, 2004 Page 2 The Council recognizes and appreciates the City's and staffs time and hard work in providing additional information throughout the Council's review process. The Council's Sector Representative for northwest Hennepin County, Robin Caufman, will assist Medina in submitting the plat monitoring report and undesignated MUSA annual reports. A copy of the staff reports are attached for your records. The amendments, supplemental and the information submission form will be appended to the City's Plan in the Council's files. If you have any questions, please contact Robin Caufman, Principal Reviewer at 651-602-1457. Sincerely, Phyllis anson, Manager Planning and Technical Assistance cc: Clad Adar isXity Administrator Jack Jackson, MultiFamily Market Analyst, MHFA Tod Sherman, Development Reviews Coordinator, MnDOT - Metro Division MHFA Roger Scherer, Metropolitan Council District 1 Robin Caufman, Sector Representative/Principal Reviewer Cheryl Olsen, Reviews Coordinator V:\REV[ENVS\CorritritinitiesNedina\L tiers :\•i,*;iins 2004 CPA Bridgewater will ijr lawn ilarnels Chair Lelter.dnc