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Home My WebLink AboutOrdinance - 5-2012-PUD-2-2012 - Notting Hill - 03/29/2012 HOTTING HILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-2012-PUD-2-2012 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; 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 RI-13.5 Zoning District 5-2012-PUD-2-2012 (hereinafter "PUD-2-2012-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 20, 2012 entered into between Pulte Homes of MN, LLC, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2012-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings. A. PUD-2-2012-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2012-RI-13.5 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-2-2012-RI-I3.5are justified by the design of the development described therein. D. PUD-2-2012-RI-13.5 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 RI-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-2-2012-R I-13.5 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. City Code Chapter I 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 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17'h day of January, 2012, 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 20'h day of March, 2012. ATTEST: KatVeen Porta, City Clerk *ancyjFyfa-Luwens, PUBLISHED in the Eden Prairie News on March 29,2012. EXHIBIT A DEVELOPMENT AGREEMENT - NOTTING HILL Legal Description: That part of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116 North, Range 22 West of the 51h Principal Meridian, lying East of the Westerly 663.85 feet, thereof and North of center line of Shakopee Road, EXCEPT the East 300.00 feet of the West 963.85 feet of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116 North, Range 22 West of the 51h Principal Meridian, Hennepin County, Minnesota lying Northerly of the center line of County Road No. 1. NOTTING HILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 5-2012-PUD-2-2012 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 15640 Pioneer Trail from the Rural Zoning District to the R1-13.5 Zoning District on 9.87 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kat leen Porta, City Clerk T4anc yra-Lilk-ensMyor PUBLISHED in the Eden Prairie News on March 29, 2012. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Newspapers ,i A3I!TY,0FiEDHN PRAIRIE U -y" State of Minnesota "kWIMUNIKES 1OTANT 7 SUMMAOTTINGF ORDI HILLNANCE )SS. RY O NO. 5-2012-PUID-2-2012 County of Hennepin AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESO- TA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the AMENDING THE LEGAL DE. publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts SCRIPTIONS OF LAND IN EACH herein stated as follows: DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAP-: (A) This newspaper has complied with the requirements constituting qualification as a legal TER1ANDSECTION11.99,WHICH, newspaper,as provided by Minnesota Statute 33 1A.02,33 1A.07,and other applicable laws,as AMONG OTHER THINGS, CON- amended. TAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNE- (B)The printed public notice that is attached to this Affidavit and identified as No. 3.2 17 SOTA,ORDAINS: was published on the date or dates and in the newspaper stated in the attached Notice and said Summary: This ordinance Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of allows rezoning of land located at the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both 15640 Pioneer Trail from the Rural inclusive,and is hereby acknowledged as being the kind and size of type used in the composition Zoning District to the R1-13.5 Zon- and publication of the Notice; ing District on 9.87 acres. Exhibit A, included with this Ordinance, gives the full legal description of abcdefgh�klmnopqrstuvwxyz this property. Effective Date:This Ordinance shall take effect upon publication, Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City Laurie A.Hartmann Clerk (A full copy of the text of this Ordinance is available from City Clerk,) Subscribed and sworn before me on (Published in the Eden Prairie News on Thursday,March 29,2012; No.32991 this of JYMME JEANNETTE BARK NOTARY PUBLIC-MINNESOTA No �u'blic' j My COMMISSION EXPIRES 01/31113 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch Maximum rate allowed by law for the above matter................................$31.20 per column inch Rate actually charged for the above matter............................................... per column inch