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HomeMy WebLinkAboutOrdinance - 2-2020 - 10197 Eden Prairie Road - 01/30/202010197 EDEN PRAIRIE ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Rl-13.5 District. Section 3. That the Planning Commission recommended that the land be placed into the R 1-44 zoning district and the property owner agreed. Section 4. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Rl-44 District, and the legal descriptions ofland in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 5. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. The land shall be subject to the terms and conditions listed below and are hereby made a part hereof. 1. At the time of building/land alternation permit submittal, the property owner shall provide: a. A cut/fill analysis along with a summary of how the site earthwork balances. b. An archeological study of the property addressing the presence of any cultural resources. c. A steep slope analysis identifying any steep slopes on the property. An erosion control plan for the parcel must also be included with the grading permit application. d. All existing utilities should be indicated on final plans as required by State Statute. e. The developer shall be responsible for acquiring all permits for this project. Permits that may be required include: watershed district; NPDES; MCES; DNR; MPCA and Department of Health. f. A Wetland Determination Report will be required. A field review must be scheduled prior to approval of the report. g. A tree inventory and tree replacement plan. Any trees removed will be required to be replaced at a 1: 1 ratio. h. The property has not been assessed for trunk sewer and water, lateral sewer and water, streets or storm drainage. The City will levy a special assessment or a connection fee under City Code Section 3.07 for connecting with the municipal sanitary sewer system and the municipal water system Special assessments for street and drainage improvements, will be levied against the property. Any special assessments will be levied in accordance with the Eden Prairie Road Extension to Flying Cloud Drive Project Feasibility Report. Utility connection fees will also be applicable at the time of connection prior to issuance of building permit. 2. The applicant should contact the Riley Purgatory Bluff Creek Watershed District once a specific development plan has been proposed to determine any watershed district permitting requirements. 3. Park dedication fees shall be paid at the time of building permit issuance. Section 7. publication. This Ordinance shall become effective from and after its passage and FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of October, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 21st day of January, 2020. ATTEST: PUBLISHED in the Eden Prairie News on January 30, 2020. EXHIBIT A LEGAL DESCRIPTION That part of the East Yi of the Southwest 1/.i of the Southeast 1/.i of Section 29, Township 116 North, Range 22 West of the 5th Principal Meridian lying North of the right-of-way of U.S. Highway 169-212 and South and East of the center line of Eden Heights Road EXCEPT the east 171 feet thereof, Hennepin County, Minnesota. Abstract Property. 10197 EDEN PRAIRIE ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 10197 Eden Prairie Road, from the Rural Zoning District to the Rl-44 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: PUBLISHED in the Eden Prairie News on January 30, 2020. (A full copy of the text of this Ordinance is available from City Clerk.)