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HomeMy WebLinkAboutOrdinance - 7-94-PUD-1-94 - Bent Creek Residential - 12/21/1993 BENT CREEK RESIDENTIAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-94-PUD-1-94 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: 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 RM-6.5, R1-13.5, R1-9.5 Zoning Districts 7-94-PUD-1-94 (hereinafter "PUD-1-94-RM-6.5, R1-13.5, R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 22, 1994, entered into between Bent Creek Residential, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-1-94-RM-6.5, R1-13.5, R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1-94-RM-6.5, R1-13.5, R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-94-RM-6.5, R1-13.5, R1-9.5 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-1-94-RM-6.5, R1-13.5, R1-9.5 are justified by the design of the development described therein. D. PUD-1-94-RM-6.5, R1-13.5, R1-9.5 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 1-94-RM-6.5, R1-13.5, R1-9.5, 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 21st day of December, 1993, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City n the 22nd day of March, 1994. ATTEST: Joh . Frane, City Clerk Douglas TTenpas, M PUBLISHED in the Eden Prairie News on Rezoning Legals -Berk' R1-9.5 Legal Outlot B, Edenvale 8th Addition R1-13.5 Parcel Outlot B and that part of Outlot C, EDENVALE 2ND ADDITION, lying north of the following described line and its westerly extension: Beginning at the most southerly corner of Outlot D, EDENVALE 2ND ADDITION; thence South 62 degrees 28 minutes 51 seconds West, basin for bearing is EDENVALE 2ND ADDITION, a distance of 30.00 feet; thence southerly a distance of, 14.11 feet along a non- tangential curve concave to the west having a radius of 270.50 feet, a central angle of 2 degrees 59 minutes 20 seconds and a chord bearing of South 26 degrees 01 minutes 29 seconds East; thence westerly a distance of 103.59 feet along a non-tangential curve, concave to the north having a radius of 116.00 feet, a central angle of 51 degrees 09 minutes 57 seconds and a chord bearing of North 86 degrees 41 minutes 11 seconds West; thence North 61 degrees 27 minutes 11 seconds West a distance of 214.20 feet to the west line of said Outlot C and said line there terminating. RM 6.5 Parcel That part of Outlot C, EDENVALE 2ND ADDITION, lying south of the following described line and its westerly extension: Beginning at the most southerly corner of Outlot D, EDENVALE 2ND ADDITION; thence South 62 degrees 28 minutes 51 seconds West, basis for bearing is EDENVALE 2ND ADDITION, a distance of 30.00 feet; thence southerly a distance of 14,11 feet along a non- tangential curve concave to the west having a radius of 270.50 feet, a central angle of 2 degrees 39 minutes 20 seconds. and a chord bearing of South 26 degrees 01 minutes 29 seconds East; thence westerly a distance of 103.59 feet along a non-tangential curve, concave to the north having a radius of 116.00 feet, a central angle of 51 degrees 09 minutes 57 seconds and a chord bearing of North 86 degrees 41 minutes 11 seconds West; thence North 61 degrees 27 minutes 11 seconds West a distance of 214.20 feet to the west line of said Outlot C a-ad said line there terminating. PUD LEGAL —'B—V Crae It PLAT LEGAL Outlot B Edenvale 8th Addition That part of Outlot C, EDENVALE 2ND ADDITION, lying south of the following described line and its westerly extension: Beginning at the most southerly corner of Outlot D, EDENVALE 2ND ADDITION; thence South 62 degrees 28 minutes 51 seconds West, basis for bearing is EDENVALE 2ND ADDITION, a distance of 30.00 feet; thence southerly a distance of 14.11 feet along a non— tangential curve concave to the west having a radius of 270.50 feet, a central angle of 2 degrees 59 minutes 20 seconds and a chord bearing of South 26 degrees 01 minutes 29 seconds East; thence westerly a distance of 103.59 feet along a non—tangential curve, concave to the north having a radius of 116.00 feet, a central angle of 51 degrees 09 minutes 57 seconds and a chord bearing of North 86 degrees 41 minutes 11 seconds West; thence North 61 degrees 27 minutes 11 seconds West a distance of 214.20 feet to the west line of said Outlot C and said line there terminating. Outlot B and that part of Outlot C, EDENVALE 2ND ADDITION, lying north of the following described line and its westerly extension: Beginning at the most southerly corner of Outlot D, EDENVALE 2ND ADDITION; thence South 62 degrees 28 minutes 51 seconds West, basis for bearing is EDENVALE 2ND ADDITION, a distance of 30.00 feet; thence southerly a distance of, 14.11 feet along a non— tangential curve concave to the west having a radius of 270.50 feet,- a central angle of 2 degrees 59 minutes 20 seconds and a chord bearing of South 26 degrees 01 minutes 29 seconds East; thence westerly a distance of 103.59 feet along a non—tangential curve, concave to the north having a radius of 116.00 feet, a central angle of 51 degrees 09 minutes 57 seconds and a chord bearing of North 86 degrees 41 minutes 11 seconds West; thence North 61 degrees 27 minutes 11 seconds West a distance of 214.20 feet to the west line of said Outlot C and said line there terminating. Guide Plan Change Legal Outlot B and that part of Outlot C, EDENVALE 2ND ADDITION, lying north of the following described line and its westerly extension: Beginning at the most southerly corner of Outlot D, EDENVALE 2ND ADDITION; thence South 62 degrees 28 minutes 51 seconds West, basis for bearing is EDENVALE 2ND ADDITION, a distance of 30.00 feet; thence southerly a distance of. 14.11 feet along a non— tangential curve concave to the west having a radius of 270.50 feet, a central angle of 2 degrees 59 minutes 20 seconds and a chord bearing of South 26 degrees 01 minutes 29 seconds East; thence westerly a distance of 103.59 feet along a non—tangential curve, concave to the north having a radius of 116.00 feet, a central angle of 51 degrees 09 minutes 57 seconds and a chord bearing of North 86 degrees 41 minutes 11 seconds West; thence North 61 degrees 27 minutes 11 seconds West a distance of 214.20 feet to the west line of said Outlot C and said line there terminating. BENT CREEK RESIDENTIAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-94-PUD-1-94 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 11.999 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 North of Valley View Road and west of Bent Creek Golf Course, from Rural to RM-6.5 on 102 acres, Rural to R1-13.5 on 34.72, Rural to Rl- 9.5 on 13.13 acres; 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 (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 ) BENT CREEK RESIDENTIAL CITY OF EDEN PRAIRIE Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher HENNEPIN COUNTY,MINNESOTA of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein ORDINANCE NO.7-94-PUD-I-94 stated as follows: AN ORDINANCE OF THE CITY (A)This newspaper has complied with the requirements constituting qualification as a legal OF EDEN PRAIRIE, MINNESOTA, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as REMOVING CERTAIN LAND FROM amended. ONE ZONING DISTRICT AND PLAC- ING IT IN ANOTHER, AMENDING (B)The printed public notice that is attached to this Affidavit and identified as No.� THE LEGAL DESCRIPTIONS OF was published on the date or dates and in the newspaper stated in the attached Notice,and said LAND IN EACH DISTRICT, AND Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of ADOPTING BY REFERENCE CITY the newspaper specified. Printed below is a copy of th wer case alphabet from A to Z,both CODE CHAPTER 1 AND SECTION inclusive,and is hereby acknowledged as being thekin a d size of typeusedin the composition 11.99, WHICH, AMONG OTHER and publication of the Notice: THINGS,CONTAIN PENALTY PRO- VISIONS abcdefghijkhnnop r u vxyz THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows By: rezoning of land located North of Valley Stan Rolfsru ,General Manager View Road and west of Bent Creek Golf Course, from Rural to RM-6.5 on 02 acres,Rural to R1-13.5 on 34.72,Rural Subscribed and sworn before me on to R19.5 on 13.13 acres; subject to the terms and conditions of a developer's agreement.Exhibit A,included with this Ordinance,gives the full legal descrip- this�_day of 1994 lion of this property. ' G�V 4 M.RAQUENZ Effective Date:This Ordinance shall f take effect upon publication. �- 'AM NOTARY PUB!J0_h'11e'tJESOTq ATTEST: SCOTT Comfy /s/John D.Frane otary Public r fly Comfisss'On Ecp;res Feb.24,18rs City Clerk Zw /s/Douglas B.Tenpas, Mayor (A full copy of the text of this Ordi- nance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,April 7, 1994;No.7035) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...S 11.20 per column inch Maximum rate allowed by law for the above matter ......................... S 11.20 per column inch Rate actually charged for the above matter ....................................... S6.89 per column inch KOHL'S DEPARTMENT STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-94-PUD-2-94 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND IN ONE ZONING DISTRICT, 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 amended within the C-Regional Service Center Zoning District 8-94-PUD-2-94 (hereinafter "PUD-2-94-C-Regional Service"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 5, 1994, entered into between Kohl's, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-2-94-C- Regional Service Center, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-2-94-C-Regional Service Center is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-94-C-Regional Service Center 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-2-94-C-Regional Service Center are justified by the design of the development described therein. D. PUD-2-94-C-Regional Service Center 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 amended within the C-Regional Service Center Zoning District and shall be included hereafter in the Planned Unit Development 2-94-C-Regional Service Center and the legal descriptions of land 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 22nd day of March, 1994, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 5th day of April, 1994. ATTEST: John ane, City Clerk Richard T. Anderson, Acting Mayor PUBLISHED in the Eden Prairie News on Exhibit A Legal Description Kohl's Department Store Block One, Eden Prairie Center Addition KOHL'S DEPARTMENT STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-94-PUD-2-94 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN ONE ZONING DISTRICT, 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 amending of land located at Dell Road and Highway 5, within C-Regional Service Center Zoning District on 75 acres; 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/Richard T. Anderson City Clerk Acting Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.)