HomeMy WebLinkAboutOrdinance - 10-2021-PUD-5-2021 - Noble Hill - 07/22/2021CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 10-2021-PUD-5-2021
NOBLE HILL
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 10-2021-PUD-5-2021 (hereinafter "PUD-5-
2021").
Section 4. The City Council hereby makes the following findings:
A. PUD-5-2021 is not in conflict with the goals of the Comprehensive Guide Plan of
the City.
B. PUD-5-2021 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-5-2021 are justified by the design of the
development described therein.
D. PUD-5-2021 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 as noted in
Exhibit A and shall be included hereafter in the Planned Unit Development PUD-5-2021 and the
legal descriptions ofland 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 July 13, 2021 entered into between Pulte Homes of
Minnesota, LLC, and the City of Eden Prairie, (hereinafter "Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-_-2021, 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
the 4th day of May, 2021, 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 July 13,
2021.
ATTEST:
Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on July 22, 2021.
EXHIBIT A
Legal Description:
Rezone entire property from Rural to Rl-9.5.
Legal Description Before Final Plat
Legal Description Document No. 546095 l(Parcel 1)
That part of the South 112 of Section 28, Township 116, Range 22 described as follows:
Commencing at the southwest corner of said Section 28; thence on an assumed bearing of North along the
west line of said southwest quarter a distance of 981.40 feet to the point of beginning of the tract of land
to be described; thence continuing on a bearing of North along said west line a distance of 627.80 feet to
the southeasterly right of way line of Hennepin County State Aid Highway No. 4, Plat 60 as recorded in
Document No. 5060347; thence North 33 degrees 34 minutes 37 seconds East along said right of way
line, a distance of 240.00 feet; thence South 56 degrees 25 minutes 23 seconds East, a distance of 616.21
feet; thence on a bearing of South a distance of 491.65 feet to an intersection with a line which bears
South 89 degrees, 35 minutes 00 seconds East from the point of beginning; thence North 89 degrees 35
minutes 00 seconds West a distance of 646.14 feet to the point of beginning.
(Abstract Property)
Legal Description Document No. 64749999 (Parcel 2)
All that part of the South 112 of Section 28, Township 116 North, Range 22, West of the 5th Principal
Meridian, described as follows: Commencing at a point in the West line of said Section 28, distant 1674.4
feet North of the Southwest corner of said Section 28; thence South 693 feet along the West line of said
section; thence South 89 degrees, 35 minutes East 1000.5 feet; thence North 3 degrees and 50 minutes
East 909.3 feet to a point hereinafter referred to as point "A"; thence North 59 degrees and 50 minutes
West 672.6 feet, more or less, to a point described as follows: Commencing at aforesaid point "A"; thence
North 1 degree, 31 minutes and 30 seconds East 560 feet; thence South 54 degrees and 31 minutes and 30
seconds West 343 feet; thence South 87 degrees and 35 minutes and 30 seconds West 311.6 feet to said
point to be described; thence South 55 degrees and 27 minutes and 30 seconds West 248 feet; thence
South 34 degrees West 150 feet; thence South 34 degrees West 350 feet, more or less, to the point of
beginning.
For the purposes of this description the West line of the Southwest 114 of Section 28 is assumed to be true
North and South line. Subject to easement for County Road No. 4.
Except for the following property:
That part of the South 112 of Section 28, Township 116, Range 22 described as follows:
Commencing at the southwest corner of said Section 28, thence on an assumed bearing of North along the
west line of said southwest quarter a distance of 981.40 feet to the point of beginning of the tract of land
to be described; thence continuing on a bearing of North along said west line a distance of 627.80 feet to
the southeasterly right of way line of Hennepin County State Aid Highway No. 4, Plat 60 as recorded in
Document No. 5060347; thence North 33 degrees 34 minutes 37 seconds East along said right of way
line, a distance of 240.00 feet; thence South 56 degrees 25 minutes 23 seconds East, a distance of 616.21
feet; thence on a bearing of South a distance of 491.65 feet to an intersection with a line which bears
South 89 degrees 35 minutes 00 seconds East from the point of beginning; thence North 89 degrees 35
minutes 00 seconds West a distance of 646.14 feet to the point of beginning
(Abstract Property)
Legal Description Document No. T05131200 (Parcel 3)
That part of the Northwest quarter of the Southwest quarter of Section 28, Township 116, Range 22,
described as follows:
Commencing at a point on the West line of said Section 28 distant 981.4 feet North from the Southwest
comer thereof; thence South 89 degrees 35 minutes East 1000.5 feet; thence North 3 degrees 50 minutes
East 909.3 feet to the actual point of beginning; thence North 1 degree 31 minutes 30 seconds East 560
feet; thence 54 degrees 31 minutes 30 seconds West 343 feet; thence South 87 degrees 35 minutes 3
seconds West 311.6 feet; thence South 59 degrees 50 minutes East 672.6 feet to the actual point of
beginning.
For the purpose of this description, the west line of the Southwest Quarter of said Section 28 is assumed
to be a North and South line.
(Torrens Certificate No. 1106739)
Legal Description After Final Plat
Lots 1-16 Block 1, Lots 1-8, Block 2, and Lots 1-26, Block 3, Noble Hill, Hennepin County
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 10-2021-PUD-5-2021
NOBLE HILL
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 9955 and 9875
Spring Road 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 Sailor on July 22, 2021.
(A full copy of the text of this Ordinance is available from City Clerk.)
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Karen Nelson 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 1 successive week(s); the first
insertion being on 07/22/2021 and the last
insertion being on 07/22/2021.
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. 1, clause (1) 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' ~ 0.A-W~ ~
Designated Agent
Subscribed and sworn to or affirmed before
me on 07/22/2021 by Karen Nelson.
'\2~hh--f~
Notary Public
DARLENE MARIE MACPHERSON
NOTARY PUBLIC • MINNESOTA
My CommllSIOn Explr1I JM 31 ~·
Rate Information:
(I) Lowest classified rate paid by commercial users
for comparable space:
$68.50 per column inch
Ad ID 1153683
...
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA NOBLE HILL
SUMMARY OF ORDINANCE
NO. 10-2021-PUD-5-2021
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:
Summarv· This ordinance al-
lows rezoning of land located at
9955 and 9875 Spring Road from
the Rural Zoning District to the R1-
9.5 Zoning District and amends
the designation of that land into a
Planned Unit Development District.
Exhibit A, included with this Ordi-
nance, gives the full legal descrip-
tion of this property.
Effective Pate· This Ordinance
shall take effect upon publication.
Ronald A. Case, Mayor
ATTEST: Kathleen Porta, City Clerk
fA full copy of the text of this Ordi-
nance is available from City Clerk.)
Published in the
Sun Sailor
July 22, 2021