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HomeMy WebLinkAboutOrdinance - 29-96-PUD-12-96 - Staring Lake Townhomes - 07/16/1996 STARING LAKE TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.29-96-PUD-12-96 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 RM-6.5 and RM-2.5 Zoning District 29-96-PUD-12-96 (hereinafter"PUD-12-96-RM-6.5 and RM- 2.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 6, 1996, entered into between Staring Lake Townhomes, and the City of Eden Prairie(hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-12-96-RM-6.5 and RM-2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-12-96-RM 6.5 and RM 2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-12-96-RM-6.5 and RM-2.5 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-12-96-RM-6.5 and RM-2.5 are justified by the design of the development described therein. D. PUD-12-96-RM-6.5 and RM-2.5 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-12-96-RM-6.5 and RM-2.5 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 16th day of July, 1996, 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 6th day of August, 1996. ATTEST: John D. Frane, City Clerk XJeanarris, Mayor PUBLISHED in the Eden Prairie News on �J STARING LAKE TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 29-96-PUD-12-96 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: summ=: This ordinance allows rezoning of land located at Anderson Lakes Parkway and HWY 169 from Rural to RM-6.5 on 3.62 acres and RM-2.5 on 15.33 acres and PUD District Review on 18.95 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/Jean L.Harris 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.) L E G A L D E S C R I P T 1 0 N DATE: July 22, 1996 RE: STARING LAKE LEGAL DESCRIPTIONS • GUIDE PLAN - PHASE 1 Medium Density That part of Outlot C, RESEARCH FARM 3RD ADDITION, according to the record plat thereof, Hennepin County, Minnesota, lying southwesterly of Line A, hereinaf- ter described, and southeasterly of the following described line: Commencing at the southwest corner of said Outlot C; thence North 30 de- grees 55 minutes 20 seconds West along the westerly line of said Outlot C 131 .20 feet; thence continuing along said westerly line North 30 degrees 04 minutes 20 seconds West 357.60 feet; thence continuing along said westerly line North 9 degrees 33 minutes 20 seconds West 106.00 feet; thence con- tinuing along said westerly line North 21 degrees 16 minutes 05 seconds West 28.53 feet to the point of beginning of said line to be described; thence North 77 degrees 41 minutes 26 seconds East 219.74 feet; thence North 37 degrees 03 minutes 26 seconds East 269.25 feet; thence South 54 degrees 45 minutes 19 seconds East 171 .05 feet; thence North 39 degrees 44 minutes 03 seconds East 170.97 feet; thence North 89 degrees 35 minutes 04 seconds East 257.23 feet to the intersection with said Line A and there terminating. • GUIDE PLAN - FUTURE Office That part of Outlots B and C, RESEARCH FARM 3RD ADDITION, according to the record plats thereof, Hennepin County, Minnesota, lying east of Line A, hereinafter described, and westerly and northwesterly of the following described line: Beginning at the southeast corner of said Outlot B; thence southerly 1025 feet along the southerly extension of the east line of said Outlot B; thence deflect- ing to the right 53 degrees to said Line A and there terminating. • ZONING - PHASE 1 RM 2.5 That part of Outlot C, RESEARCH FARM 3RD ADDITION, according to the record plat thereof, Hennepin County, Minnesota lying southwesterly of Line A, hereinaf- ter described, and southerly of the following described line hereinafter referred to as Line B: Commencing at the southwest corner of said Outlot C; thence North 30 de- grees 55 minutes 20 seconds West along the westerly line of said Outlot C 131 .20 feet; thence continuing along said westerly line North 30 degrees 04 minutes 20 seconds West 289.29 feet to the point of beginning of said line to be described; thence North 60 degrees 34 minutes 24 seconds East 279.59 feet; thence North 73 degrees 40 minutes 28 seconds East 79.10 feet; thence North 60 degrees 39 minutes 26 seconds East 290.39 feet; thence North 78 degrees 17 minutes 21 seconds East 281 .04 feet to the intersection with said Line A and there terminating. RM 6.5 That part of Outlot C, RESEARCH FARM 3RD ADDITION, according to the record plat thereof, Hennepin County, Minnesota lying westerly of Line A, hereinafter de- scribed, northwesterly of Line B, described above, and southeasterly of the follow- ing described line: Commencing at the southwest corner of said Outlot C; thence North 30 de- grees 55 minutes 20 seconds West along the westerly line of said Outlot C 131 .20 feet; thence continuing along said westerly line North 30 degrees 04 minutes 20 seconds West 357.60 feet; thence continuing along said westerly line North 9 degrees 33 minutes 20 seconds West 106.00 feet; thence con- tinuing along said westerly line North 21 degrees 16 minutes 05 seconds West 28.53 feet to the point of beginning of said line to be described; thence North 77 degrees 41 minutes 26 seconds East 219.74 feet; thence North 37 degrees 03 minutes 26 seconds East 269.25 feet; thence South 54 degrees 45 minutes 19 seconds East 171.05 feet; thence North 39 degrees 44 minutes 03 seconds East 170.97 feet; thence North 89 degrees 35 minutes 04 seconds East 257.23 feet to the intersection with said Line A and there terminating. 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: (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. 29-96-PUD-12-96 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 partof this affidavit.Said notice was cut from the columns of the ONE ZONING DISTRICT AND PLAC- newspaper specified. 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 kindmud size of type used in the composition THE LEGAL DESCRIPTIONS OF and publication of the Notice: LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY abcdefghijklAStan CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PRO- VISIONS THE CITYCOUNCILOFTHE By: CITY OF EDEN PRAIRIE, MINNE- lfZGeneral, SOTA,ORDAINS: or his designated agent Summary:This ordinance allows re- zoning of land located at Anderson Lakes Parkway and HWY 169 from Rural to Subscribed and swom before me on RM-6.5 on 3.62 acres and RM-2.5 on 15.33 acres and PUD District Review on 18.95 acres;subject to the terms and con- ditions of a developer's agreement. Ex- this/ day of , 1996 G 1'tN M. i3ADUENZ hibit A, included with this Ordinance, `t NOTARY PUQL C--MINNESMA gives the full legal description of this '��/ MY co.`:MISSION EXPIRES 1-31-00 property. AJY:�7i�/ 7GC iC,Pii�l Effective ective Date:This Ordinance shall � l take effect upon publication. Notary Public ATTEST: /s/John D.Frane City Clerk /s/Jean L.Hams Mayor (A full copy of the text of this Ordi- nance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,August 15,1996;No.7651) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space......$16.00 per column inch Maximum rate allowed by law for the above matter...................................$16.00 per column inch Rate actually charged for the above matter.............................................. $ 7.67 per column inch