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Home My WebLink AboutOrdinance - 13-97-PUD-7-97 - Riley Creek Ridge - 08/06/1996 RILEY CREEK RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 13-97-PUD-7-97 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 R1-9.5 and R1-13.5 Zoning Districts 13-97-PUD-7-97 (hereinafter "PUD-7-97-R1-9.5 and Rl- 13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 1, 1997, entered into between Hustad Land Company, and the City of Eden Prairie(hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-7-97-R1-9.5 and R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-7-97-R1-9.5 and R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-97-R1-9.5 and R1-13.5 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-7-97 R1-9.5 and R1-13.5 are justified by the design of the development described therein. D. PUD-7-97-R1-9.5 and R1-13.5 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-7-97-R1-9.5 and R1-13.5 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 6th day of August, 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 1 st day of April, 1997. ATTEST: y John D. F ane, Clerk can L. Harris,Mayor PUBLISHED in the Eden Prairie News on RILEY CREEK RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 13-97-PUD-7-97 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: summgy This ordinance allows rezoning of land located South of Pioneer Trail,west of Eden Prairie Road from Rural to R1-9.5 and R1-13.5 on 62.77 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 V fez . (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Riley Creek Ridge Legal Description I I That part of the Wet Half of the Southeast Quarter of Section 20,Township 116, Range 12 lying southerly of the southerly line of County Road No-1 and west of the vest lin� of the plat of 'EDEN HEIGHTS", EXCEPT tf�e Westj 107.00 feet of said West Half lying north of a line drawn at Iright a6gles to the West line of said West Half from a point on said west► line di9tant 1406.00 feet north of the southwest corner of said West Halfi I That part of 1the Nor<�ttLHalfheslarheast_4unr ��Sec#ioa ?�Sawi{�—. 116, Range 2i2 lying (west of the west line of Eden Prairie Road and northerly, of the centerline of Riley Creek. From:Jeff Undgren Hedlund Engineering Fax 612-405-6606 To:Steve Durham at Eden Prairie Page 1 of 1 Wednesday.April 16.1997 11:24:49 PM LEGAL D ESCRI PTION DATE: April 16, 1997 RE: ZONING LEGAL DESCRIPTIONS R1-9.5 That part of the West Half of the Southeast Quarter of Section 20, Township 116, Range 22 lying southerly of County Road No. 1 , westerly of EDEN HEIGHTS, according to the record plat thereof and northerly of the following described line: Commencing at the southwest corner of said West Half; thence North 0 degrees 02 minutes 58 seconds West along the west line of said West Half a distance of 213.25 feet to the point of beginning of said line to be described:"thence South 89 degrees 26 minutes 02 seconds East 413.05 feet thence North 4 degrees 14 minutes 32 seconds East 70.84 feet; thence North 10 degrees 12 minutes 11 seconds East 494.62 feet; thence North 71 degrees 47 minutes 09 seconds East 174.69 feet; thence North 89 degrees 54 minutes 15 seconds East 170.01 feet to the west line of said EDEN HEIGHTS and there terminating. Except the West 107.00 feet of said West Half lying north of a line drawn at right angles to the west line of said West Half from a point on said west line distant 1406.00 feet north of the southwest corner of said West Half. R1-13.5 That part of the West Half of the Southeast Quarter of Section 20, Township 116, Range 22 lying southerly of County Road No. 1 , westerly of EDEN HEIGHTS, according to the record plat thereof and southerly of the following described line: Commencing at the southwest corner of said West Half; thence North 0 degrees 02 minutes 58 seconds West along the west line of said West Half a distance of 213.25 feet to the point of beginning of said line to be described: thence South 89 degrees 26 minutes 02 seconds East 413.05 feet; thence North 4 degrees 14 minutes 32 seconds East 70.84 feet; thence North 10 degrees 12 minutes 11 seconds East 494.62 feet; thence North 71 degrees 47 minutes 09 seconds East 174.69 feet; thence North 89 degrees 54 minutes 15 seconds East 170.01 feet to the west line of said EDEN HEIGHTS and there terminating. Except the West 107.00 feet of said West Half lying north of a line drawn at right angles to the west line of said West Half from a point on said west line distant 1406.00 feet north of the southwest corner of said West Half. Together with that part of the North Half of the Northeast Quarter of Section 29, Township 116, Range 22 lying west of Eden Prairie Road and northerly of the centerline of Riley Creek, CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-97-PUD-7-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLAC- ING 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 Affidavit of Publication THINGS,CONTAIN PENALTY PRO- VISIONS THE CITY COUNCIL OF THE Southwest Suburban Publishing CITY OF EDEN PRAIRIE, MINNE- SOTA,ORDAINS: Section 1.That the land which is the State Of Minnesota subjectof this Ordinance(hereinafter,the "land")is legally described in Exhibit A )SS. attached hereto and made a part hereof. County of He Section 2.That action was duly initi- y Hennepin ated proposing that the land be removed from the Rural District and be placed in the R1-9.5 and Rl- 13.5 Zoning Districts 13-97-PUD-7-97 Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of (hereinafter"PUD-7-97-R1-9.5 and the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated R1-13.5"). as follows: Section 3.The land shall be subject to (A)This newspaper has complied with the requirements constituting qualification as a legal the terms and conditions of that certain newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as Developer's Agreement dated as of April amended. 1, 1997, entered into between Hustad �J// Land Company, and the City of Eden (B)The printed public notice that is attached to this Affidavit and identified as NO. /LU Prairie(hereinafter"Developer's Agree- was published on the date or dates and in the newspaper stated in the attached Notice and said ment").The Developer'sAgreementcon- Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of tains the terms and conditions of PUD-7- the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both 97-R1-9.5 and Rl-13.5, and are hereby inclusive,and is hereby acknowledged as being the kind and size of type used in the composition made apart hereof. and publication of the Notice: Section 4.The City Council hereby makes the following findings: abcdefghijklmnop;*Stan A. PUD-7-97-R1-9.5 and R1-13.5 is not in conflict with the goals of the Com- prehensive Guide Plan of the City. B. PUD-7-97-R1-9.5 and R1-13.5 designed in such amanner to form adesir- Yoifsru neralE anager able and unified environment within its or his designated agent own boundaries. C. The exceptions to the standard Subscribed and sworn before me on requirements of Chapters 11 and 12 of the City Code that are contained in PUD 7- 97-Ri-9.5andR1-13.5 arejustifiedbythe design of the development described this day of , 1997GWEN M. PADUENZ therein. D. PUD-7-97-R1-9.5 and R1-13.5is 11COMM�lMWPMittEtI-M- of sufficient size, composition, and ar- 1W S t-31�00 rangement that its construction,market- ing,and operation is feasible as acomplete unit without dependence upon any subse- Notary Public quent 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 DevelopmentPUD-7-97-RI-9.5 and R1-13.5 and the RATE INFORMATION legal descriptions of land in each dis- Lowest classified rate paid by commercial users for comparable space....$16.00 per column inch trict referred to in City Code Section 11.03, Maximum rate allowed by law for the above matter...............................$16.00 per column inch subdivision 1, subparagraph B, shall be Rate actually charged for the above matter..............................................$8.05 per column inch and are amended accordingly. Section 6. City Code Chapter 1 en- titled"General Provisions and Definitions Applicable to the Entire City Code Includ- ing Penalty for Violation" and Section 11.99 entitled"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated vgrbatim L 1-9 galeui siq uo.v.'aaSeld sall�uls Isar