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HomeMy WebLinkAboutOrdinance - 35-97-PUD-24-97 - Edenvale Family Housing - 07/01/1997 EDENVALE FAMILY HOUSING ALTERNATIVE LIVING SERVICES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 35-97-PUD-24-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA, 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,NIINNESOTA, 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 Community Commercial District and be placed in the RM-6.5 District and RM-2.5 Zoning District 35-97-PUD-24-97(hereinafter "PUD-24-97-RM-6.5 and RM-2.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreements dated as of August 5, 1997, entered into between Peter Andrea Company and The Damone Group, and the City of Eden Prairie(hereinafter"Developer's Agreements"). The Developer's Agreements contain the terms and conditions of PUD-24-97-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-24-97-RM-6.5 and RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-24-97-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-24-97-RM-6.5 and RM-2.5 are justified by the design of the development described therein. D. PUD-24-97-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 Community Commercial District and shall be included hereafter in the Planned Unit Development PUD-24-97-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 23rd 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: John D. e, ty Clerk jje—anL. Harris, Mayor PUBLISHED in the Eden Prairie News on EDENVALE FAMILY HOUSING ALTERNATIVE LIVING SERVICES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 35-97-PUD-24-97 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: Summ=: This ordinance allows rezoning of land located at Mitchell Road and Valley View Road from Community Commercial to RM-6.5 on 3.5 acres and to RM-2.5 on 2.8 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. Frane /s/Jean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the 1 99 . (A full copy of the text of this Ordinance is available from City Clerk.) Guide Plan Zoning Site Plan Review DEANOVIK PARCEL That part of Lot 1, Block 2, EDENVALE 4TH ADDITION, Hennepin County, Minnesota, lying northwesterly of the following described line: Beginning at a point on the northeasterly line of said Lot 1, distant 450.13 feet southeasterly of the most northerly corner of said Lot 1, as measured along said northeasterly line; thence southwesterly to a point on the southwesterly line of said Lot 1, distant 440.76 feet southeasterly of the most westerly corner of said Lot 1, as measured along said southwesterly line, and there terminating. and lying northeasterly of the following described line: Commencing at the most northerly corner of said Lot 1; thence South 52 degrees 05 minutes 11 seconds west along the northwesterly line of said Lot 1 a distance of 349.43 feet to the beginning of the line to be described; thence South 34 degrees 21 minutes 53 seconds East a distance of 40.71 feet; thence southeasterly a distance of 139.40 feet along a tangential curve concave to the northeast, having a radius of 424.71 feet and a central angle of 18 degrees 48 minutes 19 seconds; thence southeasterly a distance of 119.57 feet along a reverse curve, concave to the southwest having a radius of 216.73 feet and a central angle of 31 degrees 36 minutes 40 seconds; thence South 21 degrees 33 minutes 34 seconds East a distance of 2.68 feet; thence southeasterly a distance of 106.44 feet along a tangential curve concave to the northeast having a radius of 151.24 feet and a central angle of 40 degrees 19 minutes 23 seconds; thence South 39 degrees 41 minutes 46 seconds East a distance of 46.68 feet and said line there terminating. Legal Description - Putt - tat Lot one, Block one, Edenvale 4th Addition Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) CITY OF EDEN PRAIRIE HEN NEPIN COUNTY, MINNESOTA Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of SUMMARY OF the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated ORDINANCE NO. 35-97-PUD-24-97 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 RENJOV1NG 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 the lower case alphabet from A to Z,both CODE CHAPTER 1 AND SECTION inclusive,and is hereby acknowledged as being the kind and s' a of type used in the composition 1 1.99, WHICH, AMONG OTHER and publication of the Notice: THINGS, CONTAIN PENALTY PRO- VISIONS abcdefghijklmnopgrstu x5 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- SOTA, ORDAINS: Summary:This ordinance allows re- By. Toning of land located at Mitchell Road tan Rolfsrud,General Manager and Valley View Road from Community or his designated agent Commercial to RM-6.5 on 3.5 acres and to RNI-2.5 on 2.8 acres. Exhibit A,included Subscribed and sworn before me on with this Ordinance,gives the full legal de>.,:ription of this property. Effective Date:This Ordinance shall take effect upon publication. this. day ofj . 1997 ATTEST: ''—'^- /s/John T EST:Frane `�t`�. GWEN P71• RADUENZ NOTARY PUEL(C-:4INNESOTA City Clerk . z My co�szuSv➢ON EXPIRES 1-31-00 /s/Jean L.Harris Mayor 1 +• (A t ull copy of the text of this Notary Public Ordinance is available from City Clerk) E%hibitA Bartus Addition Legal Description (PuNkhed in the Eden Prairie News on Thursday, August 14, 1997;No.8067) 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...............................S16.00 per column inch Rate actually charged for the above matter.............................................$8.05 per column inch