HomeMy WebLinkAboutResolution - 2018-127 - Deny Request to Rezone - Notermann Property - 11/13/2018 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2018-127
A RESOLUTION DENYING THE REQUEST TO REZONE PROPERTY FROM THE
RURAL ZONING DISTRICT TO THE R1-13.5 ZONING DISTRICT
WHEREAS, Bert A. and Bonnie Notermann, Applicants, have requested that Property
legally described on Exhibit A be rezoned from Rural to R1-13.5; and
WHEREAS, the Applicants have also requested that the Comprehensive Plan be amended
to guide the entire Property as Low Density Residential and extend the MUSA boundary to include
the Property; and
WHEREAS, the Planning Commission conducted a public hearing on said requests on
October 22, 2018 and recommended approval to the City Council of the Comprehensive Plan
amendment and extension of the MUSA boundary to include the Property; and
WHEREAS, the City Council conducted a public hearing on said requests on November
13, 2018 and approved the Comprehensive Plan amendment and extension of the MUSA
boundary subject to approval by the Metropolitan Council; and
WHEREAS, the Applicants have not submitted a development proposal and sufficient
information to determine the appropriate zoning for the Property;
WHEREAS,the Comprehensive Plan Amendment includes proposed language to amend
the text to state that if a rezoning request is submitted without a proposed development plan that
the City may retain the Rural zoning of a property until such time as a development plan and
sufficient associated site information is provided to the City to determine the appropriate zoning
district consistent with the Comprehensive Plan; and
WHEREAS, the Planning Commission recommended denial of the request to rezone the
Property to R1-13.5; and
WHEREAS, the Applicants concurred in writing and verbally at the Planning
Commission and City Council meetings with the recommendations of denial of the rezoning
request and approval of the Comprehensive Plan amendments and extension of the MUSA
boundary.
NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDEN PRAIRIE,
MINNESOTA,AS FOLLOWS:
1. The recitals set forth above are hereby incorporated as the Findings of the Council.
2. The City Council hereby denies the request to rezone the Property from Rural to R1-13.5
ADOPTED by the City Council of the City of Eden Prairie this 13th day of November,
2018.
an yr - s, Mayor
ATTEST:
Kath en Poria, City Clerk
EXHIBIT A
LEGAL DESCRIPTION—NOTERMANN RESIDENTIAL DEVELOPMENT
REZONING REQUEST
Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County,
Minnesota.
AND TOGETHER WITH
That part of Lot 1, Block 1, SPRING HEIGHTS, according to the recorded plat thereof,
Hennepin County, Minnesota described as follows:
Beginning at the most southwesterly corner of said Lot 1; thence North 00 degrees 59 minutes 21
seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet;
thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet; thence South 09 degrees 01
minutes 10 seconds West, 51.31 feet to the south line of said Lot 1; thence North 82 degrees 13
minutes 39 seconds West, 193.58 feet to the point of beginning.
AND TOGETHER WITH
That part of HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, according to the
recorded plat thereof, Hennepin County, Minnesota described as follows which lies northerly and
southeasterly of the following described line:
Commencing at the most northeasterly corner of Lot 1, Block 1, SPRING HEIGHTS, according
to the recorded plat thereof, said Hennepin County; thence North 49 degrees 00 minutes 39
seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;
thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2,
Block 1, said plat SPRING HEIGHTS; thence continuing South 80 degrees 56 minutes 54
seconds East along the extension of last said line, 33.69 feet the intersection with a line
hereinafter referred to as LINE A and also the point of beginning the area to be described; thence
North 80 degrees 56 minutes 54 seconds West, 33.69 feet to said easterly line of Lot 2; thence
North 39 degrees 59 minutes 21 seconds East along said easterly line of Lot 2, a distance of
79.22 feet said LINE A and said line there terminating.
ALSO THAT part of said HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60,
lying northwesterly of the following described line, said line hereinafter is referred to as LINE A:
Commencing at the most southerly corner of Lot 1, Block 1, SPRING HEIGHTS, according to
the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of
said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet
to the point of beginning of the line being described; thence South 82 degrees 13 minutes 39
seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a
radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly
along the arc of said curve a distance of 189.88 feet, said arc subtended by a chord bearing North
14 degrees 43 minutes 57 seconds East; thence North 22 degrees 05 minutes 00 seconds East
tangent to said curve for 170.99 feet to the west line of said PLAT 60 and said line there
terminating.
AND EXCEPTING THEREFROM
That part of Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof,
Hennepin County, Minnesota described as follows:
Commencing at the most southwesterly corner of said Lot 1; thence North 00 degrees 59 minutes
21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet;
thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet to the point of beginning of the
area to be described; thence North 09 degrees 01 minutes 10 seconds East, 49.00 feet; thence
North 54 degrees 01 minutes 10 seconds East, 79.45 feet; thence South 80 degrees 58 minutes 50
seconds East, 163.96 feet; thence South 63 degrees 59 minutes 21 seconds West, 21.54 feet;
thence South 87 degrees 59 minutes 21 seconds West, 140.00 feet; thence South 30 degrees 59
minutes 21 seconds West, 65.00 feet; thence North 89 degrees 00 minutes 39 seconds West,
41.17 feet to the point of beginning.
AND EXCEPTING THEREFROM
That part of Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof,
Hennepin County, Minnesota described as follows:
Beginning at the most northeasterly corner of Lot 1, Block 1 of said plat; thence North 49
degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1,
a distance of 98.15 feet; thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the
easterly line of said Lot 2; thence South 39 degrees 59 minutes 21 seconds West, along said
easterly line of Lot 2, a distance of 60.68 feet to the point of beginning.