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HomeMy WebLinkAboutOrdinance - 14-2013-PUD-7-2013 - Reeder Ridge - 08/29/2013 REEDER RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-2013-PUD-7-2013 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 R1-13.5 Zoning District 14-2013-PUD-7-2013 (hereinafter "PUD-7-2013-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 20, 2013 entered into between Pulte Homes and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-7-2013-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-7-2013-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-2013-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-7-2013-R1-13.5 are justified by the design of the development described therein. D. PUD-7-2013-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-7-2013-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 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 16th day of July, 2013, 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 20th day of August, 2013. ATTEST: Kat Teen Porta, City Clerk Na cy a- en , r PUBLISHED in the Eden Prairie News on August 29, 2013. EXHIBIT A Legal Description: The East Half of the Southeast Quarter of the Southwest Quarter, and the West Half of the Southwest Quarter of the Southeast Quarter, all in Section 29, Township 116, Range 22, Hennepin County, Minnesota; and Together with all rights of ingress and egress to the aforesaid property over that part of Government Lot 7 in Section 32, Township 116, Range 22, Hennepin County, Minnesota, lying North of Highway 169-212, as presently established; AND That part of the East Half of the Southwest Quarter of the Southeast Quarter of Section 29, Township 116 North, Range 22 West of the Fifth Principal Meridian, described as follows: Beginning at the Southwest corner of said East Half of the Southwest Quarter of the Southeast Quarter; thence North along the West line of said East Half of the Southwest Quarter of the Southeast Quarter to a point distant 648 feet South of the Northwest corner of said East Half of the Southwest Quarter of the Southeast Quarter; thence East parallel with the North line of said East Half of the Southwest Quarter of the Southeast Quarter, a distance of 200.04 feet; thence Southeasterly deflecting to the right 68degrees 10 minutes to the center line of Eden Heights Road; thence Southerly along said center line to the South line of said East Half of the Southwest Quarter of the Southeast Quarter; thence West along said South line to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota; AND South 400 feet of the Northwest Quarter of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota, said 400 feet being measured at right angles form the South line of said Northwest Quarter of the Southeast Quarter; And excepting therefrom the following tract of land: Commencing at the Northeast corner of the said above described tract, which corner is the beginning of the tract to be described, thence Westerly 288.8 feet on the North line of said above described tract to a point therein, thence South to a point which is 200 feet South when measured at right angles to the South line of the above described tract from said North line and which point is 288.8 feet West of the East line of the above described tract, thence East and parallel with the South line of the above described tract to a point in the East line of the above described tract, thence North on said East line 200 feet more or less to the point of beginning; AND That part of the South 400 feet of the Northwest Quarter of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota, said 400 feet being measured at right angles from the Southline of said Northwest Quarter of the Southeast Quarter, described as follows: Commencing at the Northeast corner of the said above described tract, which corner is the point of beginning of the tract to be described, thence Westerly 288.8 feet on the North line of said above described tract to a point therein, thence South to a point which is 200 feet South when measured at right angles to the South line of the above described tract from said North line and which point is 288.8 feet West of the East line of the above described tract, thence East and parallel with the South line of the above described tract to a point in the East line of the above described tract, thence North on said East line 200 feet more or less to the point of beginning, Hennepin County, Minnesota; AND The South 2 rods of the East 42 rods of the Northeast Quarter of the Southwest Quarter of Section 29, Township 116, Range 22, according to the US Government Survey, thereof, Except that part thereof heretofore conveyed to Roger C. Johnson and Jean M. Johnson, husband and wife, by Limited Warranty Deed dated 5-13-1986, filed 6-23-1986, as Document No. 5122488; namely, that part of the North 1 rod thereof lying Easterly of the extension Southwesterly of the Westerly lot line of Lot 2, Block 2, Cedar Hills West, according to the map or plat thereof on file and of record in the Office of the Recorder in and for the County of Hennepin, State of Minnesota; AND Lot 2, 3, and 4, Block 2, Cedar Hills West, according to the recorded plat thereof, Hennepin County, Minnesota; AND That part of the North one rod of the South two rods of the East 42 rods of the Northeast Quarter of the Southwest Quarter of Section 29, Township 116, Range 22, according to the US Government Survey thereof, lying Easterly of the extension Southwesterly of the Westerly lotline of Lot 2, Block 2, Cedar Hills West, according to the map or plat thereof, Hennepin County, Minnesota; AND The North 486 feet of the East Half of the Southwest Quarter of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota. REEDER RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 14-2013-PUD-7-2013 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 9990 Eden Prairie Road from the Rural Zoning District to the R1-13.5 Zoning District on 78.56 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 een Porta, City Clerk Nan -Lu s, ayo PUBLISHED in the Eden Prairie News on August 29, 2013. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Newspapers State of Minnesota ) )SS. County of Hennepin ) Laurie A. Hartmann, being duly swom, on oath says that she is the authorized agent of the publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows: CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA (A) This newspaper has complied with the requirements constituting qualification as a legal REEDER RIDGE newspaper,as provided by Minnesota Statute 331 A.02,331 A.07,and other applicable laws,as SUMMARY OF ORDINANCE amended. NO. 14-2013-PUD-7-2013 AN ORDINANCE OF THE CITY ffi 3� ^� OF EDEN PRAIRIE, MINNESOTA, (B)The printed public notice that is attached to this Affidavit and identified as No. REMOVING CERTAIN LAND FROM was published on the date or dates and in the newspaper stated in the attached Notice and said ONE ZONING DISTRICT AND PLACING Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of IT IN ANOTHER, AMENDING THE the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both LEGAL DESCRIPTIONS OF LAND IN inclusive,and is hereby acknowledged as being the kind and size of type used in the composition EACH DISTRICT,AND ADOPTING BY and publication of the Notice: REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS,CONTAIN PENALTY abcdefghbkhnnopqrstiiy7xyz PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, By: G�fu" ORDAINS: Summary: This ordinance allows Laurie A.Hartmann rezoning of land located at 9990 Eden Prairie Road from the Rural Zoning District to the R1-13.5 Zoning District Subscribed and sworn before me on on 78.56 acres, Exhibit A, included with this Ordinance,gives the full legal description of this property. Effective Date:This Ordinance shall nn take effect upon publication. this0l- f fday of W 2013 Nancy Tyra-Lukens,Mayor 41 ATTEST: Kathleen Porta,city Clerk =R;R'JC BARK (Published in the Eden Prairie News on OTAThursday.Aueust 29.2013;No.3559) �31�18 N u he 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