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Home My WebLink AboutOrdinance - 39-90 - Bluffs East 8th Addition Rezoning - 11/13/1990 Bluffs East Eighth Addition CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA ORDINANCE #39-90 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MQNNESOTA, 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 and RI- 22 Districts and be placed in the R1-13.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural and R1-22 Districts and shall be included hereafter in the R1-13.5 District, 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 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 16, 1991, entered into between Creek Knolls Partnership, a Minnesota partnership, and the City of Eden Prairie, which Agreement is hereby made a part hereof. SECTION 6. 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 13th day of November, 1990, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of April, 1991. ATTEST: r Jo . Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the LNN1 day of A , 1991. LEGAL DESCfIPION EXHIBIT A Prel i mi na y Plat Outlot I, Creek Knolls; and Outlot C, Bluffs East Sixth Addition; and Vacated Bluff Road as dedicated in Bluffs East Fourth Addition which lies east of Line A, described below, and west of the east line of Creek Knolls; and Vacated Bluff Road as dedicated in Creek Knolls which lies east of Line A, described below; and That part of Outlots C, E, F, G and H, Creek Knolls which lies northeasterly of a line drawn parallel with and 25.00 feet southwesterly of the following described line: Beginning at the intersection of the centerline of Bluff Road and the centerline of Canadians Landing as platted in said Bluffs East Fourth Addition; thence South 49 degrees 18 minutes 20 seconds East along said centerline of Bluff Road, 60.00 feet; thence southeasterly 242.51 feet along a tangential curve to the left, central angle 32 degrees 41 minutes 40 seconds, - radius 425.00 feet, to a point of reverse curve; thence southeasterly 181.51 feet along said reverse curve, central angle 32 degrees 00 minutes, radius 325.00 feet; thence South 50 degrees 00 minutes East 242.00 feet; thence southeasterly 172.61 feet along a tangential curve to the right, central angle 43 degrees 00 minutes, radius 230.00 feet; thence South 7 degrees 00 minutes East 143.13 feet; thence southerly 153.15 feet along a tangential curve to the left, central angle 39 degrees 00 minutes, radius 225.00 feet; thence South 46 degrees 00 minutes East 213.36 feet, and there terminating_ Zoning District Change That part of Outlot C, Bluffs East Sixth Addition; and That part of Outlots E, F and G. Creek Knolls; and That part of Vacated Bluff Road described as follows: Commencing at the intersection of the centerline of Bluff Road and the centerline of Canadians Landing as platted in said Bluffs East Fourth Addition; thence South 49 degrees 18 minutes 20 seconds East along said centerline of Bluff Road, 60.00 feet; thence southeasterly 95.31 feet along a tangential curve to the left, central angle 12 degrees 50 minutes 57 seconds, radius 425.00 feet, to the point of beginning of land to be described; thence continuing along said curve 147.20 feet, central angle 19 degrees 50 minutes 43 seconds, radius 425.00 feet to a point of reverse curve; thence southeasterly 181.51 feet along said reverse curve, central angle 32 degrees 00 minutes, radius 325.00 feet; thence South 50 degrees 00 minutes East 242.00 feet; thence southeasterly 172.61 feet along a tangential curve to the right, central angle 43 degrees 00 minutes, radius 230.00 feet; thence South 7 degrees 00 minutes East 134.13 feet; thence southerly 68.07 feet along a tangential curve to the left, central angle 17 degrees 20 minutes, radius 225.00 feet; thence North 63 degrees 00 minutes East 144.14 feet; thence North 3 degrees 00 minutes East 236.46 feet; thence North 35 degrees 30 minutes West 317.06 feet; thence North 50 degrees 00 minutes West 170.44 feet; thence North 77 degrees 30 minutes West 339.97 feet; thence South 35 degrees 00 minutes West 130.00 feet; thence South 54 degrees 54 minutes 36 seconds West 28.31 feet to the point of beginning. Bluffs East Eighth Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 39-90 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MQNNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTION OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9, 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 on Bluffs Road between Whitetail Crossing and Wild Duck Pass, from the Rural and R1-22 Districts to R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. • ATTEST: rf �V y 7o�A/D. Frane City Clerk ougla %B. Tenp s, ayor PUBLISHED in the Eden Prairie News on the;�A day of f 1991. (A full copy of the text of this Ordinance is available from the City Clerk.) CITY OF EDEN PRAIRIE COUNTY,MINNESOTA ORDINANCE NO.40-90 AN ORDINANCE OF THE CITY I NNE-WrA I O&S)WAN NO.31A0 WHIM TEMPORARILY PROHIBITED AMBNDMENTS OF THE CITY'S GUIDE PLAN AND CITY CODE (.'HANKS 11,RELATING TO ZON- ING,AND 12,RELATING TO SUBDI- VISIONS OF LAND,W1111 RESPECT TO LANDS WMIIN 2,700 FEET OF THE PROPOSED EXPANSION OF FLYING CLOUD LANDFILL. THE CITY COUNCIL OF EDEN ntAWJF MINNESQ_TA ORDAINS: Brakes 1. The owsar of ia- 116 as simb"WA at Ike Affidavit of Publication 'ti seventy-two(T} _. Southwest Suburban Publishing to the Mintws.ta Pdlutiort Contmll Ag=7, ("MPCA") to exlsand the Landfill both vertically and horizontally with the horl- State Of Minnesota ) zoatsl expansion to encompass an addi- tional forty-two(42)acres.MPCA pro- )SS. posed a draft permit for the expansion of the Landfill- The city and others re- County of Hennepin ) quested and were granted a contested can hearing on the proposed draft per- mit. Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper}mown The Landfill was bound to have been as the Eden Prairie News and has full knowledge of the facts herein stated as follows: polluting the ground water and lands in (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided and around the Landfill. by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended An expert retained by the City, Dr. Clyde 4iertzman,stated that in his opin- (B)The printed public notice that is attached to this Affidavit and identified as No.1ky_tCwas published on ion`tit would be premature to' a the date or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part new housing project in the vicinity of of this affidavit.Said notice was cut form the columns of the newspaper specified.Printed below is a copy of the the" Landfill"until it has been decided lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used whether or not the site will be reopened." in the composition and publication of the Notice: He further stated,"if the site is not too- Period,there should be no problems." abcdefghijklmnopgrstu Based upon the foregoing recom- I mendation, the Council adopted Ordi- nance No.31-90 temporarily biting amendments of the City's Guide Plan By rud and City Code Chapters 11, relating to Stan Ro Genera[-Manager zoning and 12, relating to subdivisions of load vrHh mWact tit leads V16M 2,700 Subscribed and swom before me on feet of the Pcolaoaod ex aanion of the Landfill. 00000wo _. THERESA K LAW On 000ber 33, "SO the MTCA4 this 2iQ a day of-"—'L1990 r NOTAW PUBLIC HENNEPIN COUNTY pENINS W ilk wft&mvl cif by dic s, l�a MY CO.fMISSION EXPIRES 3.8An Owner of its applleadion 1br the cgmn- sion of the Landfill and its request to dismiss the contested case proceeding as moot, made its order, which became Nchary Public final on October 31,1990,dismissing the contested case. Inasmuch as the Landfill will not be RATE INFORMATION reopened it is unnecessary to continue to restrict and prohibit the development of lands in the vicinity of the Landfill. Lowest classified rate paid by commercial users for comparable space.............................. $9A4 per column inch Section 2. Ordinance No. 31-90 is Maximum rate allowed by law for the above matter ............................................................ $9.44 per column inch repealed. Rate actually charged for the above matter............................................................................ $5.56 per column inch Section 3. This ordinance shall be- come effective from and after its passage and publication. Section 4.FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of Novem- ber, 1990,and finally read and adopted and ordered published at a regular meet- ing of the City Council of said City on the 4th day of December,1990. ATTEST: John D.Franc Cittyy Clerk Gary D. Mayor Tubfished in the Eden Prairie News Tkusday,Domber 2%199t No. 5)