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HomeMy WebLinkAboutOrdinance - 17-2014-PUD-1-2014 - Eden Gardens - 08/28/2014 EDEN GARDENS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-2014-PUD-1-2014 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 17-2014-PUD-1-2014 (hereinafter "PUD-1-2014-R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of July 14, 2014 entered into between Homestead Partners, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-1-2014-R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1-2014-R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2014-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-1-2014-R1-9.5 are justified by the design of the development described therein. D. PUD-1-2014-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-1-2014-R 1-9.5 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, publication and in compliance with the following conditions: • The conveyance of the property subject to the preliminary plat of Eden Gardens ("Property") from MnDOT to the City of Eden Prairie or the Housing and Redevelopment Authority in and for the City of Eden Prairie ("HRA"); • The conveyance of the Property from the City of Eden Prairie or the HRA to Homestead Partners; and • The adoption by the HRA of the following resolutions relating to the Property: o A Resolution Determining to Carry Out a Housing Development Project, Identifying the Area, and Adopting Findings; and o A Resolution Selecting a Developer, Approving Purchase and Sale of the Project Area and Establishing Terms and Conditions for the Housing Development Project. If any one of the above conditions have not been satisfied by September 12, 2014, the approvals granted herein are null and void. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of June, 2014, 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 19th day of August, 2014. ATTEST: 46_� &Yr Kat een Porta, City Clerk N - ens, a M or PUBLISHED in the Eden Prairie News on August 28, 2014. 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, publication and in compliance with the following conditions: • The conveyance of the property subject to the preliminary plat of Eden Gardens ("Property") from MnDOT to the City of Eden Prairie or the Housing and Redevelopment Authority in and for the City of Eden Prairie ("HRA"); • The conveyance of the Property from the City of Eden Prairie or the HRA to Homestead Partners; and • The adoption by the HRA of the following resolutions relating to the Property: o A Resolution Determining to Carry Out a Housing Development Project, Identifying the Area, and Adopting Findings; and o A Resolution Selecting a Developer, Approving Purchase and Sale of the Project Area and Establishing Terms and Conditions for the Housing Development Project. If any one of the above conditions have not been satisfied by August 31, 2014, the approvals granted herein are null and void. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of June, 2014, 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 19th day of August, 2014. ATTEST: K leen Porta, City Clerk ancy, ra- ken , yor PUBLISHED in the Eden Prairie News on August 28, 2014. EXHIBIT A Legal Description — Parcel 1: That part of Tract A described below: Tract A. That part of the Southwest Quarter of the Southeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Beginning at the southeast corner of said Southwest Quarter of the Southeast Quarter; thence north along the east line thereof 914 feet; thence deflecting right 81 degrees 37 minutes 00 seconds a distance of 244 feet, more or less, to the centerline of County Road No. 4; thence northerly along said centerline 116.3 feet; thence westerly 482.6 feet, more or less to a point 1,018.6 feet north of the south line of said Southeast Quarter in a line described as beginning at the southeast corner of said Southwest Quarter of the Southeast Quarter of said Section 17; thence west along the south line thereof 274 feet; thence deflecting right 91 degrees 58 minutes 30 seconds a distance of 1,018.6 feet; thence south along said line 1,018.6 feet to south line thereof, thence east along said south line 274 feet to point of beginning; excepting therefrom said County Road No. 4; which lies southerly of Line 1 described below: Line 1. Beginning at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1 for 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having a radius of 480.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence South 76 degrees 10 minutes 15 seconds East 36.57 feet; thence South 64 degrees 51 minutes 39 seconds East 50.99 feet; thence South 76 degrees 10 minutes 15 seconds East 32.54 feet and there terminating; Parcel 2: That part of Tract A described below: Tract A. Beginning at the southwest corner of the Southeast Quarter of the Southeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota; thence run northerly along the west line thereof 914.00 feet; thence deflecting right 81 degrees 37 minutes 00 seconds, 244.00 feet, more or less, to the centerline of County Road No. 4; thence southeasterly along said centerline to a point 146.50 feet northerly of at right angles from the south line of said Southeast Quarter of the Southeast Quarter; thence westerly to a point 189.24 feet east from the west line thereof, thence southerly 146.50 feet; thence westerly 189.24 feet to the beginning, lying westerly of the westerly right of way line of County Road No. 4; which lies northerly of a line run parallel with and distant 50 feet southerly of Line 1 described below: Line 1. Commencing at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, Hennepin County, Minnesota; thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1, 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having a radius of 480.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence North 13 degrees 49 minutes 45 seconds East, 40.00 feet; thence South 76 degrees 10 minutes 15 seconds East, 100.20 feet to the west line of Tract A hereinbefore described which is the point of beginning of Line l to be described; thence South 76 degrees 10 minutes 15 seconds East 18.91 feet; thence deflect to the left on a tangential curve having a radius of 520.87 feet and a central angle of 24 degrees 11 minutes 09 seconds for 219.87 feet; thence North 79 degrees 38 minutes 36 seconds East 100 feet and there terminating; together with that part of Tract A hereinbefore described, adjoining and southerly of the above described strip, which lies northerly of the following described line: Beginning at a point on the east line of said Tract A, distant 23.06 feet southerly of its intersection with said 50 foot parallel line; thence run northwesterly to a point on said parallel line, distant 20.06 feet westerly of said intersection and there terminating; together with that part of Tract A hereinbefore described, which lies easterly of Line 2 described below: Line 2. From the most easterly corner of said Tract A run westerly along the south line of Said Tract A for 20 feet to the point of beginning of Line 2 to be described; thence run northwesterly to a point distant 8 feet southwesterly (measured at right angles) of a point on the east line of said Tract A, distant 330 feet northwesterly of said most easterly corner; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 2 feet; thence run northerly to a point on the east line of said Tract A, distant 455 feet northwesterly of said most easterly corner and there terminating; Parcel 3: That part of Tract A described below: Tract A. Beginning at the southwest corner of the Southeast Quarter of the Southeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota; thence run northerly along the west line thereof 914.00 feet; thence deflecting right 81 degrees 37 minutes 00 seconds, 244.00 feet, more or less, to the centerline of County Road No. 4; thence southeasterly along said centerline to a point 146.50 feet northerly of at right angles from the south line of said Southeast Quarter of the Southeast Quarter; thence westerly to a point 189.24 feet east from the west line thereof; thence southerly 146.50 feet; thence westerly 189.24 feet to the beginning, lying westerly of the westerly right of way line of County Road No. 4; which lies southerly of a line run parallel with and distant 50 feet southerly of Line 1 described below and westerly of Line 2 described below: Line 1. Commencing at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, Hennepin County, Minnesota; thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1, 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having radius of 480.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence North 13 degrees 49 minutes 45 seconds East, 40.00 feet; thence South 76 degrees 10 minutes 15 seconds East, 100.20 feet to the west line of Tract A hereinbefore described which is the point of beginning of Line 1 to be described; thence South 76 degrees 10 minutes 15 seconds East 18.91 feet; thence deflect to the left on a tangential curve having a radius of 520.87 feet and a central angle of 24 degrees 11 minutes 09 seconds for 219.87 feet; thence North 79 degrees 38 minutes 36 seconds East 100 feet and there terminating; Line 2. From the most easterly corner of said Tract A run westerly along the south line of said Tract A for 20 feet to the point of beginning of Line 2 to be described; thence run northwesterly to a point distant 8 feet southwesterly (measured at right angles) of a point on the east line of said Tract A, distant 330 feet northwesterly of said most easterly corner; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 2 feet; thence run northerly to a point on the east line of said Tract A, distant 455 feet northwesterly of said most easterly corner, thence run northerly along said east line to a point distant 23.06 feet southerly of its intersection with a line run parallel with and distant 50 feet southerly of Line 1 described above; thence run northwesterly to a point on said parallel line, distant 20.06 feet westerly of said intersection and there terminating; EDEN GARDENS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 17-2014-PUD-1-2014 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 south of Scenic Heights Road and west of Eden Prairie Road from Rural Zoning District to R1-9.5 Zoning 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: K een Porta, City Clerk ancy yra- ke yor PUBLISHED in the Eden Prairie News on August 28, 2014. (A full copy of the text of this Ordinance is available from City Clerk.) which lies northerly of a line run parallel with and distant 50 feet southerly of Line 1 described below: Line 1. Commencing at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, Hennepin County, Minnesota; thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1, 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having a radius of 480.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence North 13 degrees 49 minutes 45 seconds East, 40.00 feet; thence South 76 degrees 10 minutes 15 seconds East, 100.20 feet to the west line of Tract A hereinbefore described which is the point of beginning of Line 1 to be described; thence South 76 degrees 10 minutes 15 seconds East 18.91 feet; thence deflect to the left on a tangential curve having a radius of 520.87 feet and a central angle of 24 degrees 11 minutes 09 seconds for 219.87 feet; thence North 79 degrees 38 minutes 36 seconds East 100 feet and there terminating; together with that part of Tract A hereinbefore described, adjoining and southerly of the above described strip, which lies northerly of the following described line: Beginning at a point on the east line of said Tract A, distant 23.06 feet southerly of its intersection with said 50 foot parallel line; thence run northwesterly to a point on said parallel line, distant 20.06 feet westerly of said intersection and there terminating; together with that part of Tract A hereinbefore described, which lies easterly of Line 2 described below: Line 2. From the most easterly corner of said Tract A run westerly along the south line of Said Tract A for 20 feet to the point of beginning of Line 2 to be described; thence run northwesterly to a point distant 8 feet southwesterly (measured at right angles) of a point on the east line of said Tract A, distant 330 feet northwesterly of said most easterly corner; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 2 feet; thence run northerly to a point on the east line of said Tract A, distant 455 feet northwesterly of said most easterly corner and there terminating; Parcel 3: That part of Tract A described below: Tract A. Beginning at the southwest corner of the Southeast Quarter of the Southeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota; thence run northerly along the west line thereof 914.00 feet; thence deflecting right 81 degrees 37 minutes 00 seconds, 244.00 feet, more or less, to the centerline of County Road No. 4; thence southeasterly along said centerline to a point 146.50 feet northerly of at right angles from the south line of said Southeast Quarter of the Southeast Quarter; thence westerly to a point 189.24 feet east from the west line thereof, thence southerly 146.50 feet; thence westerly 189.24 feet to the beginning, lying westerly of the westerly right of way line of County Road No. 4; which lies southerly of a line run parallel with and distant 50 feet southerly of Line 1 described below and westerly of Line 2 described below: Line 1. Commencing at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, Hennepin County, Minnesota; thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1, 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having radius of 490.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence North 13 degrees 49 minutes 45 seconds East, 40.00 feet; thence South 76 degrees 10 minutes 15 seconds East, 100.20 feet to the west line of Tract A hereinbefore described which is the point of beginning of Line 1 to be described; thence South 76 degrees 10 minutes 15 seconds East 18.91 feet; thence deflect to the left on a tangential curve having a radius of 520.87 feet and a central angle of 24 degrees 11 minutes 09 seconds for 219.87 feet; thence North 79 degrees 38 minutes 36 seconds East 100 feet and there terminating; Line 2. From the most easterly corner of said Tract A run westerly along the south line of said Tract A for 20 feet to the point of beginning of Line 2 to be described; thence run northwesterly to a point distant 8 feet southwesterly (measured at right angles) of a point on the east line of said Tract A, distant 330 feet northwesterly of said most easterly corner; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 2 feet; thence run northerly to a point on the east line of said Tract A, distant 455 feet northwesterly of said most easterly corner, thence run northerly along said east line to a point distant 23.06 feet southerly of its intersection with a line run parallel with and distant 50 feet southerly of Line 1 described above; thence run northwesterly to a point on said parallel line, distant 20.06 feet westerly of said intersection and there terminating; Legal Description After Final Plat Eden Gardens, City of Eden Prairie, Hennepin County, Minnesota