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HomeMy Public PortalAbout2007-014 Resolution Denying App. for Comp Plan Amend. by RGN Development LLC for Townhomes of Rolling GreensMember Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2007-14 RESOLUTION DENYING AN APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT BY RGN DEVELOPMENT LLC FOR THE TOWNHOMES OF ROLLING GREEN WHEREAS, the city of Medina (the "City") adopted a comprehensive plan in 2001 to guide development of the community (the "Comprehensive Plan"); and WHEREAS, the City adopted a zoning ordinance and other official controls to implement the Comprehensive Plan; and WHEREAS, RGN Development LLC (the "Applicant') has requested approval of an amendment to the comprehensive Plan concerning property containing 28.45 acres on the north and west sides of the Medina Country Club's championship golf course, which land is depicted in Exhibit A attached hereto (the "Property"); and WHEREAS, the Property is designated in the Comprehensive Plan as Public/Semi-Public (P/SP) and is not within the City's metropolitan urban service area ("MUSA"); and WHEREAS, the Applicant has requested that the Property be reguided to medium density residential from P/SP, which land use designation would allow construction of 3-6 residential units per net acre and would require inclusion within the MUSA; and WHEREAS, reguiding the Property from P/SP to medium density residential and including it in the MUSA would require the City to amend the Comprehensive Plan; and WHEREAS, the Applicant appeared before the planning commission on October 10 and the city council on October 17, 2006 to discuss its concept plan for the Property; and WHEREAS, the Applicant appeared before the planning commission at a public hearing on January 9, 2007 regarding the proposed Comprehensive Plan amendment, following mailed and published notice as required by law; and WHEREAS, following the public hearing on January 9, 2007, the planning commission voted 5 to 1, with 1 abstention, to deny the proposed Comprehensive Plan amendment; and WHEREAS, the application was reviewed by the city council on February 6, 2007, at which time the city council received a report from the city staff; reviewed the minutes of previous planning commission and city council meetings regarding the application and other written materials; heard the presentation of the Applicant; and received the oral comments of 18 persons who addressed the council on the matter; and Resolution No. 2007-14 February 20, 2007 WHEREAS, the city council has had an opportunity to review all the materials submitted by the Applicant; to consider the written and oral testimony of the Applicant and all other interested parties appearing before the planning commission or the city council; to evaluate the recommendations of the city staff and of the planning commission and has now reached a decision on the application which it believes is in accord with the facts, compliance with the law and consistent with the best interests of the community. NOW, THEREFORE, BE IT RESOLVED, based on the above, the city council of the city of Medina makes the following findings with regard to the Applicant's request for the Property. 1. The Property is scheduled in the Comprehensive Plan for inclusion in the MUSA after 2020. Amending the Comprehensive Plan now and allowing development of the Property at this time is premature and inconsistent with the Comprehensive Plan. The Comprehensive Plan continues to reflect the City's vision for the Property at this time and the City finds no compelling reason to amend the Comprehensive Plan now. 2. The City has already initiated its decennial review of the Comprehensive Plan and is required by state law to adopt a new or amended plan by December 31, 2008. The current schedule for completion of the revision of the Comprehensive Plan is prior to that date. The land use designation of the Property in the Comprehensive Plan should be reviewed in connection with other properties and regional planning needs, not in isolation via the current application. 3. Development of the Property as proposed will adversely affect traffic levels on Co. Rd. 116, which are already high. The general Comprehensive Plan review process now underway will offer an opportunity to study and address traffic issues in the vicinity of the Property in a coordinated manner. Premature development of the Property may result in the construction of public infrastructure improvements which prove to be inadequate or poorly designed due to a lack of area -wide and long-term planning. 4. The Developer proposed a project density of 3.11 residential units per net acre for the Property, only slightly more than the minimum of 3.0 units per acre required by the Metropolitan Council for land within the MUSA. The City's average MUSA density is currently less than two units per acre. Based on previous experience and recent City staff discussions with the Met Council, it is likely approval of any Comprehensive Plan amendment at this time will be conditioned on the City evaluating the need for higher residential densities elsewhere in the community. The proposed density of the Property may be appropriate but that cannot be evaluated in isolation from a review of the densities necessary on all other properties to be added to the MUSA in order for the City to achieve an MUSA-wide density of at least three units per acre. Resolution No. 2007-14 February 20, 2007 2 5. The City recently adopted an amended capital improvement plan (the "CIP") and increased its user rates and connection charges to reflect higher demand for water in the Uptown Hamel service area, which includes the Property. Neither the new CIP nor the new rates and fees anticipated inclusion of the Property within the MUSA. Similarly, the Comprehensive Plan's sewer staging plan did not anticipate having to serve the Property with sanitary sewer. Including the Property within the MUSA at this time would generate unanticipated demand for both water and sanitary sewer. The impact of including the Property within the MUSA on both water and sanitary sewer needs to be evaluated in a comprehensive manner, not on parcel by parcel basis. 6. Approval of the Developer's application would be unfair in light of the City's actions to deny or discourage other similar recent Comprehensive Plan amendment and concept plan requests. NOW, BE IT FURTHER RESOLVED, based on the above findings, each of which the city council hereby adopts, the Applicant's request for a Comprehensive Plan amendment for the Property is hereby denied. Dated: February 20, 2007. Carolyn A. Smith, Acting Mayor ATTEST: Chad M. Adams, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Cavanaugh and upon vote being taken thereon, the following voted in favor thereof: Smith, Weir, Cavanaugh, Johnson and the following voted against same: (Absent: Crosby) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2007-14 February 20, 2007 3