HomeMy WebLinkAboutOrdinance - 32-97-PUD-22-97 - Villas at Mitchell Lake - 06/17/1997 VILLAS AT MITCHELL LAKE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 32-97-PUD-22-97
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 R1-22 District and
be placed in the R1-9.5 Zoning District 32-97-PUD-22-97 (hereinafter"PUD-22-97-R1-9.5").
Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement
dated as of August 5, 1997, entered into between Jasper Development Corporation of Waconia,Minnesota, and the
City of Eden Prairie(hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and
conditions of PUD-22-97-R1-9.5, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-22-97-R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-22-97-R1-9.5 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-22-97-R1-9.5 are justified by the design of the development described therein.
D. PUD-22-97-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 R1-22
and shall be included hereafter in the Planned Unit Development PUD-22-97-R 1-9.5 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 I 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 17th day of June,
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 5th day of August, 1997.
ATTEST:
ax�"—
John D. Fran i erk Jean L. Harris, Mayor
PUBLISHED in the Eden Prairie News on
VILLAS AT MITCHELL LAKE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 32-97-PUD-22-97
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 Terrey Pine Drive and Highway
5 from R1-22 to R1-9.5 on 9.64 acres. 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. Franc /s/Jean L. Harris
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the. lit' 7
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
LEGAL DESCRIPTION
That part of Government Lot 1, Section 8, and that part of Government Lot 1,
Section 17, all in Township 116 North, Range 22, West of the 5th Principal
Meridian, described as beginning at a point on the north line of said Government
Lot 1, Section 17, distant 1712.00 feet west of the northeast comer of said
Government Lot 1, Section 17; thence north at right angles to said north line a
distance of 177.75 feet to the southerly right of way line of State Trunk Highway
No. 5 as described in Final Certificate Document No. 5842275; thence west along
said southerly right of way line to the west line of said Government Lot 1,
Section 8; thence south along said west line to the shore of Mitchell Lake, said
line passing through a judicial landmark set 62.34 feet south of the meander
corner on the west line of said Lot 1; thence southeasterly along said shore to its
intersection with a line drawn south at rights angles to the north line of said
Government Lot 1, Section 17, from the point of beginning; said line passing
through a judicial landmark set 409.42 feet south of the point of beginning;
thence north to the point of beginning, according to the Government Survey
thereof.
WJC 273195.01
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
CITY OF EDEN PRAIRIE the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
HENNEPIN COUNTY, bIINNESOTA as follows:
SUMMARY OF (A)This newspaper has complied with the requirements constituting qualification as a legal
ORDINANCE NO. 32-97-PUD-22-97 newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
AN ORDINANCE OF THE CITY amended.
OF EDEN PRAIRIE, MINNESOTA,
REMOVING CERTAIN LAND FROM (B)The printed public notice that is attached to this Affidavit and identified as No. )11
ONE ZONING DISTRICT AND PLAC- was published on the date or dates and in the newspaper stated in the attached Notice and said
ING IT IN ANOTHER, AMENDING Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
THE LEGAL DESCRIPTIONS OF the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
LAND IN EACH DISTRICT, AND inclusive,and is hereby acknowledged as being the kind and of type used in the compo Rion
ADOPTING BY REFERENCE CITY and publication of the Notice:
CODE CHAPTER 1 AND SECTION
11.99, WHICH, AMONG OTHER abcdefghijklmnopgrs
THINGS,CONTAIN PENALTY PRO-
VISIONS
THE CITY COUNCIL OF THE By:
CITY OF EDEN PRAIRIE, MINNE-
SOTA, ORDAINS: - Stan Rolfsrud,General Manager
Summary: This ordinance allows or his designated agent
rezoning of land located at Terrey Pine
Drive and Highway 5 from R1-22 to Rl- Subscribed and sworn before me on
9.5 on 9.64 acres.Exhibit A,included with
this Ordinance,gives the full legal descrip-
tion of this property. p
Effective Date: This Ordinance shall this / day of JC ",,!Z� 1997
take effect upon publication. '` G GWEN M. RADUENZ
ATTEST: NOTARY PUBLIC—C4NNESOTA
Isl John D.Frane W COMMISSION EXPIRES 1-31-00
City Clerk !
/s/Jean L.Harris
(A full copy of the text of this Mayor Notary Public
Ordinance is available from City Clerk.)
(Published in the Eden Prairie News on
Thursday,August 14, 1997;No.8069)
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..............................................$8.05 per column inch