HomeMy WebLinkAboutOrdinance - 12-87 - Amending Chapter 11 Re: District to Include Private Schools & Related Boarding Facilities - 04/07/1987 ORDINANCE #12-87
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE, CHAPTER 11,
SECTION 11.35 ENTITLED "PUBLIC DISTRICT," SUBDIVISION 2 TO INCLUDE CEMETERIES AND
PRIVATE SCHOOLS AND RELATED BOARDING FACILITIES AS PERMITTED USES WITHIN SAID
DISTRICT; AMENDING CITY CODE, CHAPTER 11, SECTION 11.02, ENTITLED "DEFINITIONS" TO
ADD DEFINITIONS FOR THE TERMS "PRIVATE SCHOOL" AND RELATED BOARDING FACILITIES;"
AMENDING CITY CODE CHAPTER 11, SECTION 11.03, SUBDIVISION 2 ENTITLED "DISTRICT
STANDARDS" TO ADD CERTAIN STANDARDS FOR PRIVATE SCHOOLS AND RELATED BOARDING
FACILITIES; AND ADOPTING BY REFERENCE CITY CODE, CHAPTER 11, SECTION 11.99, WHICH
INCLUDES PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Eden Prairie City Code, Chapter 11, Section 11.35, Subdivision
2, shall be and is hereby amended to read as follows:
Subdivision 2. Permitted Uses.
A. Public Facilities and Services.
B. Drainage Ways and Flood Plains Approved by Council.
C. Churches.
D. Cemeteries.
• E. Private Schools and Related Boarding Facilities which have
public sanitary sewer and water service and which are located within the following
area:
(See Attached Legal Description, Exhibit A)
Section 2. Eden Prairie City Code, Chapter 11, Section 11.02, is amended by
renumbering existing paragraphs 42 through 62 inclusive, as paragraphs 43 through
63.
Section 3. Eden Prairie City Code, Chapter 11, Section 11.02, is amended by
adding thereto the following:
42. "Private School" -- a school which is not owned or operated
by a public entity, and which offers general primary and/or secondary educational
instruction equivalent to grades K through 12.
44. "Related Boarding Facilities" -- the term "related boarding
facilities" as used in Section 11.35, Subd. 2, E in this Chapter mean a structure
which has as its sole function the boarding of students who are enrolled at a single
private school, and which is located upon the same parcel of property as the private
school for which it provides boarding.
Section 4. Eden Prairie City Code, Chapter 11, Section 11.02, is amended by
renumbering existing paragraphs 44 through 63 inclusive, as paragraphs 45 through
64.
Section 5. Eden Prairie City Code, Chapter 11, Section 11.03, Subdivision
2, A is amended by adding thereto the following:
11. In the Public District, a private school and related
boarding facility shall be located on a parcel of land of not less than 25 acres and
shall have a floor-to-area ratio of 0.1 to 1.0. Such a use shall not include any
outside storage.
Section 6. Eden Prairie City Code, Chapter 11, Section 11.99 shall be and
is hereby adopted by reference, including penalty provisions.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 7th day of April, 1987, and finally read and ordered published on the
30th day of April, 1987.
V1-
. rane, City Clerk 'Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on March 16 1988.
s
Exhibit A
Legal Description
That part of Government Lot 4, and of the Northwest Quarter
of the Northwest Quarter of Section 2 not embraced in
Registered Land Survey Nos. 463 and 1000. T116. R22, except
that part of said Lot 4 lying Westerly of Bryants Long Lake
f and lying Southerly of the South line of said Registered
Land Survey No. 1000 and the Easterly extension thereof.
and except that part taken for County Highway No. 62.
and
The North 20 acres of the Southeast Quarter of the Northeast
Quarter, except that part thereof lying west of the Easterly
right of way line of U.S. Highway Ho_ 494 as set forth in
Notice of Lis Pendens Doc. No. 608744, and except that
part thereof embraced in-Registered Land Survey No_ 1000.
Section 3, T116, R22.
and
Tract A. Registered Land Survey No. 483, Files of Registrar
of Titles. County of Hennepin.
Except that part of said Northwest Quarter of the
Northwest Quarter of Section 2. T116. R22, Hennepin
County, Minnesota, lying northeasterly of the
following described line; commencing at the
northwest corner of said Section 2; thence South a9
degrees 43 minutes 25 seconds East (assumed
bearing) along the north line of said Northwest
Quarter of Northwest Quarter a distance of 685.00
feet to the point of beginning for the line to be
described; thence South 48 degrees 10 minutes 16
seconds East 293.98 feet; thence South 57 degrees
43 minutes 56 seconds East 499.89 feet to the east
line of said Northwest Quarter of the Northwest
Quarter and said line there terminating. Except,
that part taken for County Highway No. 62.
and
Except that part of said Northwest Quarter of the
Northwest Quarter of Section 2, T116, R22, Hennepin
County. Minnesota, described as follow3: Commencing
at the northwest corner of said Section 2; thence
South 00 degrees 43 minutes 05 seconds East
(assumed bearing) along the west line of said
Northwest Quarter of the Northwest Quarter a
distance of 460.00 feet to the point of beginning;
thence continuing South 00 degrees 43 minutes 05
seconds East along said west line 1004.28 feet;
thence North 59 degrees 16 minutes 55 seconds East
138.56 feet; thence North 00 degrees 43 minutes 05
seconds West 280.00 feet; thence North 11 degrees
10 minutes 15 seconds East 194.16 feet; thence
North 00 degrees 43 minutes 05 seconds West 180.00
feet; thence North 34 degrees 16 minutes 04 seconds
East 195.83 feet; thence North 66 degrees 08
minutes 12 seconds Nest 299.42 feet to the point of
beginning.
and
Except that part of Government Lot 4. Section 2,
T116. R22, Rennepin County, lying southerly of a
line 8.25 feet northerly of the centerline of a one
rod road, said oenterline is described in Torrens
Casa T4709. Except Registered Land Survey Numbers
483 and 1000. And except that part of said
Government- Lot 4 lying westerly of Bryants Long
Lake and lying southerly of the south line of said
Registered Land Survey No_ 1000 and the easterly
extension thereof.
and
Yxcept that part of the Northwest Quarter of the
Northwest Quarter of Section 2. Township 116. Range
22, Hennepin County. Minnesota lying easterly of
the following described line:
Beginning at a point on the east line of said
Northwest Quarter of the Northwest Quarter distant
380.00 feet south from the northeast corner of said
Northwest Quarter of the Northwest Quarter; thence
South 18 degrees 45 minutes 52 seconds West (assure
the east line of said Northwest Quarter of the
Northwest Quarter has a bearing of South 01 degrees
14 minutes 08 seconds Kant) a distance of 420.00
feet; thence South 01 degrees 14 minutes 06 Ieconds
East a distance of 50.00 feet; thence south 37
degrees 00 minutes 00 seconds East to the east line
of said Northwest Quarter of the Northwest Quarter
and said line there terminating.
Said parcel contains 37.67 across, more or less.
PUBLIC NOTICE
ORDINANCE NO.12-97
AN ORDINANCE OF THE CITY OF
EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE,CHAPTER 11,
SECTION 11.35 ENTITLED "PUBLIC
DISTRICT," SUBDIVISION 2 TO IN-
CLUDE CEMETERIES AND PRIVATE '
SCHOOLS AND RELATING BOARDING
FACILITIES AS PERMrMD USES
WITHIN SAID DISTRICT; AMENDING
CITY CODE CHAPTER 11, SECTION
11.02, ENTITLED "DEFINMONS" TO
AND DEFINITIONS FOR THE TERMS
"PRIVATE SCHOOL" AND RELATED
BOARDING FACILITIES;" AMEN-
DING CITY CODE CHAPTER 11,
SECTION 11.03, SUBDIVISION 2 EN-
TITLED"DISTRICT STANDARDS"TO
ADD CERTAIN STANDARDS FOR
PRIVATE SCHOOLS AND RELATED
BOARDING FACILITIES; AND
ADOPTING CITY BY REFERENCE
CITY CODE, CHAPTER 11, SECTION Affidavit of Publication
11.49, WHICH INCLUDES PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF Southwest Suburban Publishing Inc.
EDEN PRAIRIE. MINNESOTA. OR-
DAINS:
Section 1. Eden Prairie City Code
Chapter 11,Section 11.35,Subdivision 2,
shall be and is hereby amended to read as
foS Subdivision bdi 2.Permitted Uses. State of M in nesota )A.Public facilities and Services. )SS.
B.Drainage Ways and Flood Plains
Approved by °'Churches.. County of Hennepin )
C.Church
D.Cemeteries.
E. Private Schools and Related
Boarding Facilities which have public Stan Roifsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper(mown as
sanitary sewer and water service and the Eden Prairie News and has full knowledge of the facts herein stated as follows:
which are located within the following (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided by
area: Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended.
That part of Government Lot 4,and of (B)The printed public notice that is attached to this Affidavit and identified as No. was published on the date
the Northwest Quarter of the Northwest or dates and in the newspaper stated in the attached Notice,and said Notice is here y incorporated as part of this -
Quarter of Section 2 not embraced in that fidavit.Said notice was cut from the columns of the newspaper specified.Printed below is a copy of the lower
ppart of said Lot 4 lying Westerly of alphabet from A to Z,both inclusive,and is hereby acknowledged as bein and size of type used in the con
BcyantsI,ong Lake and lying Southerly and publication of the Notice:
of tf*South$ne of said�Lane abcdefghijklmnopgr u z
` i+►g1! 31to.r300Q ly ex-
tet!1f0>R (hereof, a ex t part
tit A=for Cotmty Highway T'62"
and By:
The North 20 acres of the Southeast S Rolfsrud.Pub'her
rter of the Northeast Quarter,ea
t part thereof lying west of a Subscribed and sworn before me on
Easterly right of way line of U.S.High-
way No.494 as set forth in Notice of Lis
Pendons Doc. 608744, and except that
part thereof embraced in Registered
Land Survey No. 1000, Section 3, T116, this( v day of-/&AL19s_
R22.
and
Tract A, Registered Land Survey No. <�% '=f l•�T:E-�� ia ETA 483,Files of Registered of Titles,County tt�'a : C ?CCU;ITY
ofHenne in. ` tJYC t."'.� ;�;JEyp1AZ3g.2.03
Except that part of said Northwest
Quarter of the Northwest Quarter of
Section 2, T116, R22, Hennepin County,
Minnesota, lying northeasterly of the
following described line:commencing at RATE INFORMATION
the northwest corner of said Section 2;
thence South 89 degrees 43 minutes 25 Lowest classified rate paid by commercial users for comparable space....$7.00 per column inch
seconds East (assumed bearing) along Maximum rate allowed by taw for the above matter......................................$7.00 per column inch
the north line of said Northwest Quarter
of the Northwest Quarter a distance of Rate actually charged for the above matter...................................................$4.94 per column inch
816A9 het to the point of beginning for the
line to be describes); thence South 48
degrees 10 minutes 16 seconds East 293.98
feet;thence South 57 degrees 43 minutes
56 seconds East 499.89 feet to the east line
of said Northwest Quarter of the Nor-
thwest Quarter and said line there ter-
minating. Except that part taken for
(buAty Highway No.62.
t,xcept that part of the Northwest
Quarter of the Northwest Quarter of
Section 2, T116, R22, Hennepin County,
Minnesota, described as follows: Com-
mencing at the northwest corner of said
Section 2, thence South 00 degrees 43
minutes 05 seconds East (assumed
bearing) along the west line of said
Northwest Quarter of the Northwest
Quarter a distance of 460.00 feet to the
po
int of beginning; thence continuing
South 00 degrees 43 degrees 05 seconds
East along said West line 1004.28 feet;
thence North 59 degrees 16 minutes 53
seconds East 138.56 feet;thence North 11
degrees 10 minutes 15 seconds East 194.16
feet;thence North 00 degrees 43 minutes
05 seconds West 180.00 feet;thence North
34 degrees 16 minutes 04 seconds East
195.83 feet; thence North 66 degrees 08
minutes 12 seconds West 299.42 feet to the
point of beginning.
and
Except that part of Government Lot 4,
Section 2, T116, R22, Hennepin County,
lying southerly of a line 8.25 feet nor-
therly of the centerline of a one rod road,
said centerline is described as Torrens
Case T4709. Except Registered Land
Su.rveys Numbers 483 and 10M. And
except that part of said Government Lot 4
lying westerly of Bry ants Long Lake and
lying ioutherly of the south line of said
Registered Land Survey No.1000 and the
easterly extension thereof.
and
Uxcept that part of the Northwest
Quarter of the Northwest Quarter of
Section 2,Township T116,R22,Hennepin
County, Minnesota lying easterly of the
following described line:
Beginning at point on the east line of
N;dd Northwest Quarter of the Northwest
Quarter distant 380.00 feet south from the
northwest corner of said Northwest
Quarter of the Northwest Quarter;
thence South 18 degrees 45 minutes 52
seconds
� West (assume the east line of
se s
;Aid Northwest Quarter of the Northwest
Qaarttrbat;a lay aringof SouthOl degrees
14 minutes 08 seconds East)a distance of
4220,00 feet; thence South 01 degrees 14
minutes 08 seconds East a distance of
50.00 feet; thence south 37 degrees 00
A
Quarter and said line there terminating.
Said rjiheel contains 37.67 acres,more
or less.
rtiwii 2. ru.;-, Prair*,, cite code
C` 1112 amcmded b,.
;2
through 63.
J. T l i pr,iri� C t,,
Chapter 11,Section 11.02,is amended by
adding thereto the following:
42. "Private School"—a school which
b not owned or operated by a public
entity,and which offers general primary
and/or.-:.econdary educational instruction
e valent to grades K through 12.
Vui "Related Boarding Facilities" —
the term"related boarding facilities"as
u_ud in section 11.35, Subd. 2, E in this
Chapter mcans a structure which has as
its stile function the boarding of students
who are enrolled at a single private
schuiol, and which is located upon the
_,irne parcel of property as the private
school for which it provides boarding.
Section 4. Eden Prairie City Code,
Chapter 11,Section 11.02,is amended by
renumbering existing paragraphs 44
through 03 inclusive, as paragraphs 45
through 64.
Section 5. Eden Prairie City Code,
Chapter 11,Section 11.03,Subdivision 2,A
is amended by adding thereto the
following:
11. In the Public District, a private
-�,chool and related boarding facility shall
be located on a parcel of land of not less
than 25 acres and shall have a floor-to-
area ratio of 0.1 to 1.0.Such a use shall not
include any outside storage.
Section G. Eden Prairie City Code,
Chapter 11,Section 11.99 shall be and is
hereby adopted by reference including
penalty provisions.
FIRST READ at a regular meeting of
the City Council of the City of Eden
Prairie on the 7th day of April,1987,and
finally read and ordered published on the
30th day of April,1987. John D.Frane,
City Clerk
Gary Peterson,
Mayor
wublishu,d in the Eden Prairie News
Wednesday,March 16,1988;No.4982)