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HomeMy WebLinkAboutOrdinance - 13-2020-PUD-8-2020 - Prairie Heights - 09/24/2020CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-2020-PUD-8-2020 PRAIRIE HEIGHTS 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, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING 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: 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 Zoning District and be placed in the Rl-9.5 Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the Rl-9.5 Zoning District as 13-2020-PUD-8-2020 (hereinafter "PUD-8- 2020"). Section 4. The City Council hereby makes the following findings: A. PUD-8-2020 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-2020 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-8-2020 are justified by the design of the development described therein. D. PUD-8-2020 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and placed in the Rl-9 .5 Zoning District respectively as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-8-2020 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of September 15, 2020, entered into between Norton Homes, LLC, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-8-2020, and are hereby made a part hereof. Section 7. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8. 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 August 18, 2020, 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 15th day of September, 2020. ATTEST: Ronald A. Case, Mayor PUBLISHED in the Sun Current News on September 24, 2020. EXHIBIT A Legal Description Prior to Final Plat: That part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 116, Range 22, West of the 5th Principal Meridian, described as follows: And, Commencing at a point on the West line of said Section 26 distant 1765.9 feet South from the Northwest corner thereof; thence continuing South along said West line a distance of 514.04 feet; thence at a right angle East a distance of 561.33 feet; thence at a right angle North a distance of 514.04 feet; thence at a right angle West along a line which if extended passes through the point of beginning a distance of 270 feet; thence at a right angle North 323 feet more or less to the center line of County Road No. 1; thence West along the center line of said County Road No. 1 to the West line of Section 26; thence South along West line of said Section 26 to the point of beginning, except the West 31.5 feet thereof and subject to easement for road over the North 33 feet thereof. Outlot A, FRASER CHARLSON ADDITION Hennepin County, Minnesota Abstract Property Legal Description After Final Plat: Lots 1-2, Block 1; Lots 1-21, Block 2; and Outlots A, B, C, and D, Prairie Heights, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 13-2020-PUD-8-2020 PRAIRIE HEIGHTS 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, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING 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 12701 Pioneer Trail and PID 27-116-22-14-0035 from the Rural Zoning District to the Rl-9.5 Zoning District and amends the designation of that land into a Planned Unit Development 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: Ronald A. Case, Mayor PUBLISHED in the Sun Current News on September 24, 2020. (A full copy of the text of this Ordinance is available from City Clerk.) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Diane Erickson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SS Mtka_Excelsior_Eden Prairie with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §33 lA.02. (B) This Public Notice was printed and pub- lished in said newspaper( s) once each week, for l successive week(s); the first insertion being on 09/24/2020 and the last insertion being on 09/24/2020. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. l, clause (l) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By. Ll~W~~ Designated Agent Subscribed and sworn to or affirmed before me on 09/24/2020 by Diane Erickson. 9a~h M c;e,e~ Notary Public ·""": ..... ,,,,, DARLENE MARIE MACPHERSON . / ·\ Notary Public ~ Minnesota '"'-'......... -My Commission Expires Janualy 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $68.50 per column inch Ad ID 1076610 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA PRAIRIE HEIGHTS SUMMARY OF ORDINANCE NO. 13-2020-PUD-8-2020 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, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING 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, MINNE- SOTA, ORDAINS: Summary: This ordinance al- lows rezoning of land located at 12701 Pioneer Trail and PIO 27- 116-22-14-0035 from the Rural Zoning District to the R1-9.5 Zon- ing District and amends the desig- nation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. Ronald A. Case, Mayor ATTEST: Kathleen Porta City Clerk Published in the Sun Sailor September 24, 2020 1076610