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HomeMy WebLinkAboutResolution - 2018-129 - Deny Request to Rezone - Peterson Property - 11/13/2018 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018-129 A RESOLUTION DENYING THE REQUEST TO REZONE PROPERTY FROM THE RURAL ZONING DISTRICT TO THE R1-13.5 ZONING DISTRICT WHEREAS, Sever and Sharon Peterson and Peterson Farm Holding No 3 LP, 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 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 Applicant 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 13`h day of November, 2018. anc r ukei s ayor ATTEST: Kath en Porta, City Clerk EXHIBIT A LEGAL DESCRIPTION—PETERSON RESIDENTIAL DEVELOPMENT REZONING REQUEST Parcel 1: Beginning at the southeast corner of the Southeast Quarter of Section 29, Township 116, Range 22; thence North along the East line of said section a distance of 456 feet; thence West parallel to the South line of said section a distance of 90 feet, more or less, to the County Road; thence in a Southwesterly direction along the Southeasterly line of said County Road, to a point in the South line of said section; thence East along the South line of said Section a distance of 300 feet, more or less, to the point of beginning. Parcel 2: The East 316.79 feet of the West 381.3 feet of the North 132 feet of the South 387.6 feet of the Southwest Quarter of Section 28, Township 116, Range 22, all measurements being parallel with the South and West lines of said Section respectively, being in Hennepin County, State of Minnesota, according to the Government Survey thereof. Parcel 3: The West 381.3 feet lying south of the North 132 feet of the Southwest Quarter of Section 28, Township 116, Range 22, all measurements being parallel with the South and West lines of said Section respectively, being in Hennepin County, State of Minnesota, according to the Government Survey thereof. Parcel 4: Tract A, REGISTERED LAND SURVEY NO. 1667, Hennepin County, Minnesota. Parcel 5: Tract C, REGISTERED LAND SURVEY NO. 1667, Hennepin County, Minnesota. Parcel 6: That part of Government Lot 4, Section 33, Township 116, Range 22, West of the 5`h Principal Meridian, lying northerly of County Road 61, also known as Flying Cloud Drive EXCEPT that part thereof described as follows: Beginning at the point of intersection of the Northerly right of way line of Station Highway 169 and 212 and the North line of said section; thence Westerly along the Northerly right of way line 100 feet; thence at a right angle Northerly to the North line of said Section; thence East to the point of beginning.