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HomeMy WebLinkAboutOrdinance - 21-97-PUD-13-97 - Lake Smetana Apartments - 05/06/1997 r ' LAKE SMETANA APARTMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 21-97-PUD-13-97 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 RM-2.5 Zoning District 21-97-PUD-13-97 (hereinafter"PUD-13-97-RM-2.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 20, 1997, entered into between Klodt Incorporated, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-13-97-RM-2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-13-97-RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-13-97-RM-2.5 designed in such a manner to forma 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-13-97-RM-2.5 are justified by the design of the development described therein. D. PUD-13-97-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-13-97-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 6th day of May, 1997, 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 20th day of May, 1997. ATTEST: I�L X/ John . Frane, City Clerk ?Je^anL. Harris, Mayor PUBLISHED in the Eden Prairie News on Ag 817 LAKE SMETANA APARTMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 21-97-PUD-13-97 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: Summary This ordinance allows rezoning of land located at Smetana Lane from Rural to RM-2.5 on 12.37 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 '# &_ lqq 7. (A full copy of the text of this Ordinance is available from City Clerk.) LAKE SMETANA APARTMENTS Exhibit A Legal Description: Zoning District Change inat cc,t of the Sauthec_t Gucr'.e- Of the SQUthwest Quarter Of Section 12, iewnscie 1 ta',.Rcnce 22, �zennecin County, Minnescta, wnlc- Iles ccstarly of uhe cen'tar!ine of the Min e k!iie Creek and Northerly of the .centerline of Uia town R,ced c_ described in the notice of concerrincticn of is nsnic F--cc, dctec- mcrc.h .3, 1950, recorded Mcrch 24, tS50 as Oec. No. 2.515778. (tr,form.c6cr. note: Town lcccc now known cs Smetcna lone) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-97-PUD-13-97 Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of AN ORDINANCE OF THE CITY the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated OF EDEN PRAIRIE, MINNESOTA, as follows: REMOVING CERTAIN LAND FROM A This newspaper has complied with the requirements constituting qualification as a legal ONE ZONING DISTRICT AND PLAC- ) p q g q g ING IT IN ANOTHER, AMENDING newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as THE LEGAL DESCRIPTIONS OF amended. LAND IN EACH DISTRICT, AND (g)The printed public notice that is attached to this Affidavit and identified as No.sl ADOPTING BY REFERENCE CITY was published on the date or dates and in the newspaper stated in the attached Notice and said CODE CHAPTER I AND SECTION Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of 11.99, WHICH, AMONG OTHER the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both THINGS,CONTAIN PENALTY PRO- inclusive,and is hereby acknowledged as being the kind and size of type used in the composition VISIONS and publication of the Notice: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- abcdefghijkhnnopgrstu SOTA,ORDAINS: Summary:This ordinance allows re- zoning of land located at Smetana Lane from Rural to RM-2.5 on 12.37 acres; By: A �uhject to the terms and conditions of a ud,Naej r developer's agreement. Exhibit A, in- or his designated agent eluded with this Ordinance,gives the full legal description of this property. Subscribed and sworn before me on Effective Date:This Ordinance shall take effect upon publication. ATTEST: ZL /s1 John D.Frane this day of 1997 �,, City Clerk GWEN M. RADUENZ /slJean L.Hams " r4oTARY PUBLIC-41NNESOTA Mayerat. MY COh1,1'ISSION EXPIRES 1-31-00 (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,May 29, 1997;No.8004) Notary Public RATE INFORMATION Lowest classifiedrate 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..............................................$8.05 per column inch