HomeMy WebLinkAboutOrdinance - 11-2012-PUD-6-2012 - Hennepin Village Site B Toll 2012 - 05/24/2012 HENNEPIN VILLAGE SITE B TOLL 2012
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 11-2012-PUD-6-2012
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 R1-13.5 Zoning District 12-2012-PUD-6-2012
(hereinafter "PUD-6-2012-R1-13.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of May 15, 2012 entered into between Toll, Inc, and the City
of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains
the terms and conditions of PUD-6-2012-R1-13.5, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-6-2012-R1-13.5 is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-6-2012-R1-13.5 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-6-2012-R1-13.5 are justified by the design of the
development described therein.
D. PUD-6-2012-R1-13.5 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 R1-13.5 Zoning District and shall be
included hereafter in the Planned Unit Development PUD-6-2012-R1-13.5 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
20'h day of March, 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 15th day of May,
2012.
ATTEST:
KaVlee'n Porta, City Clerk Na ns, May�i
y T �-AL
PUBLISHED in the Eden Prairie News on May 24, 2012.
EXHIBIT A
Legal Description of Area to be Rezoned
All of the following described Parcels 1,2,3,and 4:
Parcel 1:
Outlot A and Lot 3,Block 1,SPRING HEIGHTS,according to the recorded plat thereof,Hennepin
County,Minnesota.
Parcel 2:
That part of the Northeast Quarter of the Southeast Quarter of Section 29,Township 116,Range 22,
Hennepin County,Minnesota,lying Northwesterly of the centerline of Hennepin County State Aid
Highway No.4, Excepting therefrom the following described tract:Commencing at the Northeast
corner of said Northeast Quarter of the Southeast Quarter;thence on a assumed bearing of South,
along the East line thereof,a distance of 522.70 feet to the actual point of beginning:thence
continue South,along said East fine,a distance of 383.94 feet;thence North 15 degrees,46 minutes,
19 seconds West,a distance of 358.33 feet;thence Northeasterly to the point of beginning.
Parcel 3:
Tracts A and B,Registered Land Survey No.465,Files of the Registrar of Titles,Hennepin County,
Minnesota.
Parcel 4:
That part of the Southeast Quarter of the Northeast Quarter of Section 29,Township 116,Range 22,
lying Easterly of the centerline of Village Road(now Eden Prairie Road),Northerly of Registered Land
Survey No.465,and Southerly of line described as commencing at the Southeast corner of said
Southeast Quarter of the Northeast Quarter,thence North,along the East line of said Southeast
Quarter of the Northeast Quarter,a distance of 681.13 feet to the point of beginning of the line to
be described;thence Westerly,deflecting to the left 87 degrees,43 minutes,44 seconds,a distance
of 1316.94 feet,more or less,to the West line of said Southeast Quarter of the Northeast Quarter
and there terminating.
EXCEPT that part thereof described as lying southeasterly,easterly,and southerly of the following
described line:
Commencing at the southwest corner of said Outlot A,SPRING HEIGHTS;thence on an assumed
bearing of South 89 degrees 00 minutes 39 seconds East,along the south line of said Outlot A,a
distance of 249.68 feet to the point of beginning of the land to be described;thence North 32
degrees 36 minutes 40 seconds East a distance of 554.02 feet;thence North 29 degrees 10 minutes
34 seconds East a distance of 109,92 feet;thence North 15 degrees 48 minutes 48 seconds East a
distance of 119.82 feet;thence North 03 degrees 36 minutes 35 seconds East a distance of 107.39
feet;thence North 04 degrees 57 minutes 46 seconds West a distance of 268,00 feet;thence on a
bearing of North a distance of 479.07 feet;thence North 40 degrees 18 minutes 28 seconds West a
distance of 141.48 feet;thence South 86 degrees 45 minutes 18 seconds East a distance of 101.61
feet;thence northeasterly a distance of 129.79 feet along a tangential curve concave to the
northwest having a radius of 274.00 feet and a central angle of 27 degrees 08 minutes 24 seconds;
thence North 66 degrees 06 minutes 17 seconds East,tangent to the last described curve,a distance
of 130.48 feet;thence northeasterly a distance of 157.92 feet along a tangential curve concave to
the northwest having a radius of 254,00 feet and a central angle of 35 degrees 37 minutes 24
seconds;thence northeasterly a distance of 122.28 feet along a reverse curve concave to the
southeast having a radius of 196.00 feet and a central angle of 35 degrees 44 minutes 45 seconds;
thence North 66 degrees 13 minutes 39 seconds East,tangent to the last described curve,a distance
of 212.98 feet to the easterly line of the above-described Parcel 3,and said line there terminating.
ALSO EXCEPT that part thereof described as follows:
Beginning at the northeast corner of the above-described Parcel 4;thence on an assumed bearing of
South 00 degrees 15 minutes 42 seconds West,along said east line of the southeast quarter of the
northeast quarter,a distance of 263.91 feet;thence South 66 degrees 13 minutes 39 seconds West
a distance of 237.06 feet;thence southwesterly a distance of 155.97 feet along a tangential curve
concave to the southeast having a radius of 250.00 feet and a central angle of 35 degrees 44
minutes 45 seconds;thence southwesterly a distance of 124.35 feet along a reverse curve concave
to the northwest having a radius of 200.00 and a central angle of 35 degrees 37 minutes 24 seconds;
thence South 66 degrees 06 minutes 17 seconds West,tangent to the last described curve,a
distance of 130.48 feet;thence southwesterly a distance of 104.21 feet along a tangential curve
concave to the northwest having a radius of 220.00 feet and a central angle of 27 degrees 08
minutes 24 seconds;thence North 86 degrees 45 minutes 18 seconds West,tangent to the last
described curve,a distance of 200.14 feet;thence northwesterly a distance of 114.42 feet along a
tangential curve concave to the northeast having a radius of 220.00 feet and a central angle of 29
degrees 47 minutes 58 seconds;thence North 56 degrees 57 minutes 20 seconds East,tangent to
the last described curve,a distance of 75.04 feet;thence northwesterly a distance of 53.68 feet
along a tangential curve concave to the southwest having a radius of 280.00 feet and a central angle
of 10 degrees 59 minutes 01 seconds;thence North 16 degrees 56 minutes 18 seconds East,not
tangent to the last described curve,a distance of 68.25 feet;thence northeasterly a distance of
43.79 feet along a tangential curve concave to the southeast having a radius of 35.00 feet and a
central angle of 71 degrees 41 minutes 02 seconds,thence North 86 degrees 37 minutes 20 seconds
East,tangent to the last described curve,a distance of 64.95 feet;thence southeasterly a distance of
61.87 feet along a non-tangential curve concave to the northeast having a radius of 50.00 feet,a
central angle of 70 degrees 54 minutes 03 seconds,and a chord of 58.00 feet which bears South 66
degrees 49 minutes 41 seconds East;thence South 12 degrees 16 minutes 43 seconds East,not
tangent to the last described curve,a distance of 130.00 feet;thence North 66 degrees 13 minutes
42 seconds East a distance of 106.16 feet;thence North 34 degrees 10 minutes 04 seconds East a
distance of 105.51 feet;thence North 00 degrees 54 minutes 27 seconds West a distance of 112.25
feet;thence North 37 degrees 06 minutes 17 seconds West a distance of 112.25 feet;thence North
66 degrees 58 minutes 35 seconds West a distance of 100.15 feet;thence South 81 degrees 44
minutes 22 seconds West a distance of 179.27 feet;thence South 68 degrees 24 minutes 18 seconds
West a distance of 201.14 feet to the easterly right of way line of Eden Prairie Road per Document
No.36174S9;thence northerly,along said easterly right of way line to the northerly line of said
Parcel 4;thence easterly along the northerly line of said Parcel 4 to the point of beginning.
HENNEPIN VILLAGE SITE B TOLL 2012
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 11-2012-PUD-6-2012
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 1199,
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 east of Eden Prairie Road
and south and west of Riley Creek from the Rural Zoning District to the RI-13.5 Zoning District
on 71.5 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:
KoNeen Porta, City Clerk n yr 1uk s, yor
PUBLISHED in the Even Prairie News on May 24, 2012.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
CITY OF EDEN PRAIRIE State of Minnesota
HENNEPIN COUNTY,
MINNESOTA )SS.
HENNEPIN VILLAGE
SITE B TOLL 2012 County of Hennepin
SUMMARY OF ORDINANCE
NO. 11-2012-PUD-6-2012
AN ORDINANCE OF THE CITY
OF EDEN PRAIRIE, MINNESO-
tA,REMOVING CERTAIN LAND Laurie A. Hartmann, being dui y sworn, on oath says that she is the authorized agent of the
FROM ONE ZONING DISTRICT publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts
AND PLACING IT IN ANOTHER, herein stated as follows:
AMENDING THE LEGAL DE-
SCRIPTIONS OF LAND IN EACH (A)This newspaper has complied with the requirements constituting qualification as a legal
DISTRICT, AND ADOPTING BY newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
REFERENCE CITY CODE CHAP. amended.
TER AND SECTION11-99,WHICH,
AMONG OTHER THINGS, CON-
TAIN PENALTY PROVISIONS (B)The printed public notice that is attached to this Affidavit and identified as No,33_3,�L—
THE CITY COUNCIL OF THE was published on the date or dates and in the newspaper stated in the attached Notice and said
CITY OF EDEN PRAIRIE,MINNE- Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
sOTA,ORDAINS: the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
Summary; This ordinance al- inclusive,and is hereby acknowledged as being the kind and size,of type used in the composition
loWs rezoning of land located east and publication of the Notice:
of Eden Prairie Road and south and
west of Riley Creek from the Rural abcdefghWmnopqrstuvwxyz
Zoning District to the RI-13.5 Zon-
ing District on 71.5 acres. Exhibit
A, included with this Ordinance,
gives the full legal description of lr
B
this property.
Effective Date:This Ordinance Laurie A.Hartmann
shall take effect upon publication.
Nancy Tyra-Lukens,Mayor
ATTEST: Kathleen Porta,City Subscribed and sworn before me on
Clerk
(A full copy of the text of this
Ordinance is available from City
Clerk.)
(Published in the Eden Prairie thisa-y!-day of 2012
News on Thursday, May 24, 2012;
No.33
JYMME JEANNETTE BARK
NOTARY PUBLIC-MINNESOTA
NJ,Public My COMMISSION EXPIRES OIJ31/13
[,0—.NO
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.......................__...__...........$12.59 per column inch