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HomeMy WebLinkAboutOrdinance - 27-93-PUD-8-93 - Deerfield Rezoning from Rural to PUD-8-93-R1-9.5-R1-13.5-RM-6.5 - 06/01/1993 CENTEX DEERFIELD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 27-93-PUD-8-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, M�NNESOTA, 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 District and be placed in the Planned Unit Development R1-9.5, R1-13.5, RM-6.5 District (hereinafter"PUD-8-93-R1- 9.5, R1-13.5, RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 20, 1993, entered into between Centex Homes/Delegards, and the City of Eden Prairie(hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-8-93-R1-9.5, R1-13.5, RM-6.5 and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-8-93-R1-9.5, R1-13.5, RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-93-R1-9.5, R1-13.5, RM-6.5 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-8-93-R1-9.5, R1-13.5, RM-6.5 are justified by the design of the development described therein. D. PUD-8-93-R1-9.5, R1-13.5, RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is 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 District and shall be included hereafter in the Planned Unit Development PUD-8-93-R1-9.5, R1-13.5, RM-6.5 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 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 and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of June, 1993, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of July, 1993. ATTEST: 6IA 1F(rig IRV John Fr e, City Clerk Douglas B. tenpas, Mayor PUBLISHED in the Eden Prairie News on JUL 2 0 1993 Ala :void Professional Services, Inc. EXHIBIT Af K3 -k Hwy-5 E,er+P-air e.'AN 5=341 0:2.937.5150 FAX 612-937-5822 July 8, 1993 PROPOSED LEGAL DESCRIPTION, PARCEL 1 , ZONING R-9.5: That part of the Southeast Quarter of Section 18, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Southeast Quarter of Section 18; thence North 88 degrees 54 minutes 34 seconds West, assumed bearing, along the north line of said Southeast Quarter of Section 18, a distance of 2686.07 feet to the northwest corner of said Southeast Quarter of Section 18; thence South 00 degrees 29 minutes 20 seconds East, along the west line of said Southeast Quarter of Section 18, a distance of 16.13 feet; thence southeasterly, along a non-tangential curve concave to the northeast, having a central angle of 61 degrees 44 minutes 32 seconds and a radius of 716.20 feet, for an arc distance of 771 .78 feet, the chord of said curve bears South 38 degrees 46 minutes 54 seconds East; thence South 69 degrees 39 minutes 10 seconds East, tangent to said curve, a distance of 656.26 feet; thence southeasterly along a tangential curve concave to the southwest, having a central angle of 10 degrees 56 minutes 47 seconds and a radius of 716.20 feet, for an arc distance of 136.83 feet; thence North 29 degrees 03 minutes 45 seconds East, not tangent to said curve, a distance of 120.38 feet; thence North 48 degrees 43 minutes 44 seconds East, a distance of 142.06 feet; thence South 65 degrees 57 minutes 38 seconds East, a distance of 206.48 feet; thence North 59 degrees 46 minutes 06 seconds East, a distance of 178.03 feet; thence North 22 degrees 09 minutes 23 seconds East, a distance of 239.93 feet; thence North 76 degrees 36 minutes 40 seconds East, a distance of 234.96 feet; thence South 68 degrees 10 minutes 18 seconds East, a distance of 81 .71 feet; thence North 88 degrees 05 minutes 31 seconds East, a distance of 288.68 feet; thence North 75 degrees 20 minutes 30 seconds East, a distance of 159.94 feet; thence North 67 degrees 17 minutes 53 seconds East, a distance of 155.97 feet, to the east line of said Southeast Quarter of Section 18; thence North 00 degrees 37 minutes 44 seconds West, along said east line of the Southeast Quarter, a distance of 264.69 feet to the point of beginning. Wes. as Pmfessroaai Semces.Inc s a^equal oppoft-Ty empiwe[ We:zvood Professional Services. Inc. ^- 14180 Trunk Hx/- 5 Eyen Prairie. N 55344 612-937-5150 FAX 612-937-5822 July 8, 1993 PROPOSED LEGAL DESCRIPTION, PARCEL 2, ZONING R-13.5: That part of the Southeast Quarter of Section 18, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the northeast corner of said Southeast Quarter of Section 18, thence North 88 degrees 54 minutes 34 seconds West, assumed bearing, along the north line of said Southeast Quarter of Section 18, a distance of 2686.07 feet to the northwest corner of said Southeast Quarter of Section 18; thence South 00 degrees 29 minutes 20 seconds East, along the west line of said Southeast Quarter of Section 18, a distance of 782.15 feet to the actual point of beginning; thence South 00 degrees 29 minutes 20 seconds East, continuing on said west line, a distance of 497.14 feet; thence North 74 degrees 14 minutes 04 seconds East, a distance of 301 .71 feet; thence South 73 degrees 06 minutes 31 seconds East, a distance of 205.32 feet; thence North 82 degrees 04 minutes 14 seconds East, a distance of 193.56 feet; thence North 50 degrees 45 minutes 47 seconds East, a distance of 320.35 feet; thence North 36 degrees 43 minutes 43 seconds East, a distance of 255.48 feet; thence northwesterly along a non- tangential curve concave to the southwest, having a central angle of 01 degrees 14 minutes 49 seconds and a radius of 716.20 feet, for an arc distance of 15.59 feet, the chord of said curve bears North 69 degrees 01 minutes 45 seconds West; thence North 69 degrees 39 minutes 10 seconds West, tangent to said curve, a distance of 417.76 feet; thence South 42 degrees 55 minutes 36 seconds West, a distance of 143.64 feet; thence South 89 degrees 30 minutes 40 seconds West, a distance of 579.63 feet to the point of beginning. Wesnwaa P�tessmnai Smices-fnc s a-eavaj ananu-nv e,wwer Viestwood Professional Services. Inc. W :w180 Trunk Hwy 5 F en Prairie.14IN 55344 612-937.5150 FAX 612.937-5822 July 8, 1993 PROPOSED LEGAL DESCRIPTION, PARCEL 3, ZONING RM-6.5: That part of the Southeast Quarter of Section 18, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the northeast corner of said Southeast Quarter of Section 18; thence South 00 degrees 37 minutes 44 seconds East, assumed bearing, along the east line of said Southeast Quarter of Section 18, a distance of 344.62 feet to the actual point of beginning; thence South 00 degrees 37 minutes 44 seconds East, continuing on said east line of the Southeast Quarter, a distance of 1309.22 feet; thence North 88 degrees 23 minutes 54 seconds West, a distance of 583.10 feet; thence North 00 degrees 34 minutes 45 seconds West, a distance of 359.91 feet; thence North 71 degrees 50 minutes 02 seconds West, a distance of 84.94 feet; thence westerly, along a tangential curve concave to the south, having a central angle of 43 degrees 14 minutes 35 seconds and a radius of 600.00 feet, for an arc distance of 452.84 feet; thence North 24 degrees 16 minutes 24 seconds West, not tangent to said curve, a distance of 170.08 feet; thence northwesterly, along a tangential curve concave to the southwest, having a central angle of 07 degrees 36 minutes 35 seconds and a radius of 766.20 feet, for an arc distance of 101 .76 feet,thence North 59 degrees 09 minutes 23 seconds East, not tangent to said curve, a distance of 43.53 feet; thence North 08 degrees 49 minutes 33 seconds East, a distance of 148.60 feet; thence North 58 degrees 00 minutes 46 seconds East, a distance of 144.46 feet; thence North 35 degrees 03 minutes 14 seconds East, a distance of 142.08 feet; thence North 76 degrees 36 minutes 53 seconds East, a distance of 566.15 feet; thence North 42 degrees 41 minutes 34 seconds East, a distance of 262.33 feet; thence North 89 degrees 21 minutes 04 seconds East, a distance of 219.05 feet to the point of beginning. Westwoaa Pmfes=mnat Services.— s an eaum appmmnrty em wver 11'es,hvaod Professional Services, Inc. VNIF V If 13180 Trunk H.1y.5 Eden Prairie.%IN 55344 612.937-5150 FAX 612.937.5822 July 8, 1993 PROPOSED LEGAL DESCRIPTION, PARCEL 4, ZONING COMMERCIAL: That part of the Southeast Quarter of Section 18, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the northeast corner of said Southeast Quarter of Section 18; thence South 00 degrees 37 minutes 44 seconds East, assumed bearing, along the east line of said Southeast Quarter of Section 18, a distance of 1653.84 feet; thence North 88 degrees 23 minutes 54 seconds West, a distance of 583.10 feet to the actual point of beginning; thence North 88 degrees 23 minutes 54 seconds West, continuing on said line, a distance of 368.27 feet; thence North 24 degrees 16 minutes 24 seconds West, a distance of 383.32 feet; thence easterly, along a non-tangential curve concave to the south, having a central angle of 43 degrees 14 minutes 35 seconds and a radius of 600.00 feet, for an arc distance of 452.84 feet, the chord of said curve bears North 86 degrees 32 minutes 41 seconds East; thence South 71 degrees 50 minutes 02 seconds East, tangent to said curve, a distance of 84.94 feet; thence South 00 degrees 34 minutes 45 seconds East, a distance of 359.91 feet to the point of beginning. Westwood P,clessianal Sen¢es.Inc rs an equal aPportunny employer CENTEX DEERFIELD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 27-93-PUD-8-93 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 at Dell Road and West 82nd Street, from Rural to R1-13.5, RM-6.5, R1-9.5; 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: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the JUL 2 us 19CI13 (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows: CENTEX DEERFIELD (A)This newspaper has complied with the requirements constituting qualification as a legal CITY OF EDEN PRAIRIE newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as HENNEPIN COUNTY,MINNESOTA amended. ORDINANCE NO.27-93-PUD-8-93 AN ORDINANCE OF THE CITY (B)The printed public notice that is attached to this Affidavit and identified as No. OF EDEN PRAIRIE, MINNESOTA, was published on the date or dates and in the newspaper stated in the attached Notice,and said REMOVING CERTAIN LAND FROM Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of ONE ZONING DISTRICT AND PLAC- the newspaper specked. Printed below is a copy of the lower case alphabet from A to Z,both ING IT IN ANOTHER, AMENDING inclusive,and is hereby acknowledged as being the kindLsizepeun the composition THE LEGAL DESCRIPTIONS OF and publication of the Notice: LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY abcdefghijkhJ CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS,CONTAIN PENALTY PRO- VISIONS By: THECITYCOUNCILOFTHECITY Stan Rolfsrud, General Manager OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Subscribed and sworn before me on Summary: This ordinance allows -+-++ rezoningoflandlocatedatDellRoadand _r: •,, GWEtI M.RADUENZ i West 82nd Street, from Rural to Rl- b NOTARYPUEUC-MINNESOTA 13.5,RM-6.5,R1-9.5; 5C4TT000NTY subject to the terms and conditions this �/ day of 1993 ':, rfy mn ExprE"s Feb 2A,1998 of a developer's agreement. Exhibit A, yr•s� included with this Ordinance,gives the full legal description of this property. Effective Date:This Ordinance shall 'Notary Public take effect upon publication. rY ATTEST: Isl John D.Frane City Clerk Is/Douglas B.Tenpas Mayor (A full copy of the text of this Ordinance is available from City Clerk.) Published in the Eden Prairie News on Thursday,July 29, 1993;No.6854) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$10.13 per column inch Maximum rate allowed by law for the above matter ..........................$10.13 per column inch Rate actually charged for the above matter.......................................... $6.49 per column inch