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
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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
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