HomeMy WebLinkAboutOrdinance - 2-2013-PUD-2-2013 - Riley Views - 01/17/2013 RILEY VIEWS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2-2013-PUD-2-2013
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 R1-9.5 Zoning District 2-2013-PUD-2-2013
(hereinafter "PUD-2-2013-R1-9.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of January 8, 2013 entered into between D.R. Horton, Inc.-
Minnesota, and the City of Eden Prairie, (hereinafter"Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-2-2013- R1-9.5, and are
hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-2-2013-R1-9.5 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-2-2013- R1-9.5 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-2-2013- R1-9.5 are justified by the design of the
development described therein.
D. PUD-2-2013- R1-9.5 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 R1-9.5 Zoning District and shall be
included hereafter in the Planned Unit Development PUD-2-2013- R1-9.5 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 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 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
41h day of December, 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 81" day of January,
2013.
ATTEST:
Ka een Porta, City Clerk anc ra- k yor
PUBLISHED in the Eden Prairie News on January 17, 2013.
EXHIBIT A
DEVELOPMENT AGREEMENT -
PARCEL 1 - 9400 Riley Lake Road, Eden Prairie, MN 55347
That part of Government Lot 1, Section 30, Township 118, Range 22 lying Northerly of the
centerline of County Road No. 1 and Northeasterly of a line and its extensions described as
follows: Beginning at the intersection of the North line of said Government Lot 1 and the
Southeasterly right of way of the Chicago and Northwestern Railroad; thence South 39 degrees
46 minutes 18 seconds East (assuming the North line of Government lot 1 has a bearing of South
89 degrees 59 minutes 26 seconds East) a distance of 330.85 feet to the centerline of County
Road No. 1 and thee terminating, according to the Government Survey thereof.
and
That part of Government Lot 3, Section 19, Township 118, Range 22, described as beginning at
the intersection of the South line of said Government Lot 3 with the Southeasterly right of way
line of the Chicago and Northwestern Railroad; thence on an assumed bearing of South 89
degrees 59 minutes 26 seconds East along the South lne of said Government Lot 3 a distance of
667.89 feet to the South quarter-corner of said Section 19; thence North 38 degrees 52 minutes
07 seconds West a distance of 469.75 feet; thence Northwesterly along a tangent curve concave
to the Northeast having a radius of 156.60 feet, central angle of 5 degrees 23 minutes, a distance
of 14.71 feet, to the intersection with the Southeasterly right of way of said railroad; thence
Southwesterly along said railroad right of way line a distance of 524.70 feet to the point of
beginning, according to the Government Survey thereof.
PARCEL 2 - 18600 Pioneer Trail, Eden Prairie, MN 55347
That part of Government Lot 1, Section 30, Township 116, Range 22, described as beginning at
the Northeat corner of said Government Lot 1; thence on an assumed bearing of North 89
degrees 59 minutes 26 seconds West along the North line of said Government Lot 1 a distance of
667.89 feet to the intersection with the Southeasterly right of way line of the Chicago and
Northwestern Railroad; thence South 43 degrees 59 minutes 20 seconds West along said railroad
right-of-way a distance of 577.92 feet; thence South 45 degrees 45 minutes 53 seconds East a
distance of 269.78 feet to the center line of County Road No. 1; thence North along said East line
a distance of 66.14 feet to the point of beginning, lying southwesterly of a line described as
follows; Beginning at the intersection of the North line of said Government Lot 1, and the
Southeasterly right-of-way of the Chicago and Northwestern Railroad; thence South 39 degrees
46 minutes 18 seconds East (assuming the North line of Government Lot 1, has a bearing of
South 89 degrees 59 minutes 26 seconds East) a distance of 330.85 feet to the centerline of
County Road No. 1, and there terminating.
PARCEL 3 - 18700 Pioneer Trail, Eden Prairie, MN 55347
That part of Government Lot 1 and 2 and that part of the Southeast Quarter of the Northwest
Quarter, all in Section 30, Township 116, Range 22 described as: Commencing at the
intersection of the North line of said Government Lotl with the center line of the Chicago &
Northwestern Railway right-of-way as described in Book 554 of Deeds, page 293, Document
No. 351456; thence on an assumed bearing of South 43 degrees 59 minutes 20 seconds West
along the center line of said railway right-of-way line a distance of 1383.65 feet; thence South 62
degrees 05 minutes 26 seconds East a distance of 78.06 feet to the intersection with a line 75 feet
Southeasterly of, measured at a right angle to and parallel with the above described centerline,
said intersection being the point of beginning of the land to be described; thence continuing
South 62 degrees 05 minutes 26 seconds East a distance of 425.05 feet to the northwesterly right-
of-way line of County Road No. 1 as shown on Hennepin County Highway Plat No. 6 recorded
in Book 70 of Hennepin County Record, page 3837760; thence Northeasterly along the
Northwesterly right-of-way line of said road to the intersection with a line which bears South 45
degrees 45 minutes 53 seconds East from a point on the Southeasterly right-of-way line of said
railway distant 577.92 feet Southwesterly from the North line of said Government Lot 1 as
measured along said Southeasterly right-of-way line; thence North 45 degrees 45 minutes 53
seconds West a distance of 211.6 fee to the intersection with a line 75 feet Southeasterly of,
measured at right angles to and parallel with the center line of said railway; thence Southwesterly
along said parallel line to the point of beginning.
RILEY VIEWS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 2-2013-PUD-2-2013
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 9400 Lake Riley Road
and 18600 & 18700 Pioneer Trail from the Rural Zoning District to the R1-9.5 Zoning District
on 13.4 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:
v s��
K leen Porta, City Clerk N cy ra-L en , or
PUBLISHED in the Eden Prairie News on January 17, 2013.
(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, )SS.
MINNESOTA
RILEY VIEWS County of Hennepin )
SUMMARY OF ORDINANCE
NO. 2-2013-PUD-2-2013
AN ORDINANCE OF THE CITY
OF EDEN PRAIRIE, MINNESO
TA, REMOVING CERTAIN LAND Laurie A. Hartmann, being duly 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 331 A.02,331 A.07,and other applicable laws,as
REFERENCE CITY CODE CHAP- amended.
TER 1 AND SECTION 11.99,WHICH, �� q
AMONG OTHER THINGS, CON- (B)The printed public notice that is attached to this Affidavit and identified as No.,�
TAIN PENALTY PROVISIONS
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 at9400 and publication of the Notice:
Lake Riley Road and 18600 S,18700
Pioneer Trail from the Rural Zoning abcdef hi klmno rstuvwx z
District to the R1-9.5 Zoning District
g J p4 Y
on 13.4 acres. Exhibit A, included
with this Ordinance,gives the full
legal description of this property
Effective Date: This Ordinance Laurie A.Hartmann
shall take effect upon publication.
Nancy Tyra-Lukens,Mayor
ATTEST: Kathleen Porta,City
Clerk Subscribed and sworn before me on
(A full copy of the text of this
Ordinance is available from City
Clerk.)
(Published in the Eden Prairie fh
News on Thursday. January 17, this day of 013
2013;No.3469)
JYMME JEA ETETTE BARK
NOTARY PUBIC-M'NNESCTA
N blic Wy C0WWSSION D7gES 01I31P8
l
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed bylaw for the above matter...................................$3 l,20 per column inch
Rate actually charged for the above matter...............................................$12.59 per column inch