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HomeMy WebLinkAboutOrdinance - 7-98-PUD-5-98 - Settler’s Ridge - 05/05/1998 SETTLERS RIDGE 1998 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-98-PUD-5-98 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 R1-13.5, R1-9.5, and RM-6.5 Zoning Districts 7-98-PUD-5-98 (hereinafter "PUD-5-98-R1- 13.5, R1-9.5 and RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 4, 1998, entered into between Settlers Ridge Limited Partnership, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD- 98-R1-13.5, R1-9.5, and RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-5-98-R1-13.5, R1-9.5, and RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-98-R1-13.5, R1-9.5 and RM-6.5 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-5-98-R1-13.5, R1-9.5 and RM-6.5 are justified by the design of the development described therein. D. PUD-5-98-R1-13.5, R1-9.5 and RM-6.5 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-5-98-R1-13.5, R1-9.5 and RM-6.5 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 5th day of May, 1998, 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 4th day of August, 1998. ATTEST: Donald R. Uram, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on August 13, 1998. SETTLERS RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-98-PUD-5-98 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 PRAIRIII, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at the South of Pioneer Trail and west of Riley Creek from Rural to R1-13.5 and R1-9.5 on 58.95 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 /,3 &a&ff �. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) SETTLERS RIDGE 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, MINNESOTA as follows: ORDINANCE NO. 7-9F THE 5-98 CITY A This newspaper has complied with the requirements constitutingqualification as a legal AN ORDINANCE OF THE CITY newspaper,as ovided b Minnesota Statute 331A.02,331A.07,and oter applicable laws, s OF EDEN PRAIRIE, MINNESOTA, P Y REMOVING 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 size of type used in the compo 11.99, WHICH, AMONG OTHER and publication of the Notice: THINGS,CONTAIN PENALTY PRO- VISIONS abcdefghijklmnopgrstu THE CITY COUNCIL OF THE CTTY OF EDEN PRAIRIE, MINNE- SOTA,ORDAINS: By: Summary: This ordinance allows rezoning of land located at the South of Stan Rolfsrud,Gener anger PioneerTrailandwestofRileyCreekfrom VV or his designated agent Rural to R1-13.5 and R1-9.5 on 58.95 acres.Exhibit A,included with this Ordi- Subscribed and sworn before me on nance,gives the full legal description of this Property EffectiveDate: ThisOrdinanceshall 74 take effect upon publication. this day of 1998 ATTEST: /s/John D.Franc City Clerk GWEN M. RADUENZ /s/Jean L.Harris My CO Mrvmssio i EP PEs i 31--cb Mayor � .�� A full copy of the text of this Ordinance is Notary Public / available from City Clerk.) (Published in the Eden Prairie News on Thursday, August 13, 1998; No. 9374) 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.................................................$8.37 per column inch ZONE RM-6.5 That part of the following described properties: Lot 2,Block 1,DORENKEMPER ESTATES,according to the recorded plat thereof,Hennepin County, Minnesota. AND: Lot 1,Block 2,DORENKEMPER ESTATES,according to the recorded plat thereof,Hennepin County, Minnesota. AND: All that part of Dorenkemper Boulevard,as dedicated on the plat of DORENKEMPER ESTATES, according to the recorded plat thereof,Hennepin County,Minnesota. Lying north of the following described line: Commencing at the southwest comer of said Lot 2,Block 1,DORENKEMPER ESTATES; thence North 03 degrees 43 minutes 35 seconds West,assumed bearing along the west line of said Lot 2,Block 1,a distance of 501.00 feet to the point of beginning of the line to be described; thence North 72 degrees 33 minutes 25 seconds East,a distance of 755.92 feet;thence North 75 degrees 07 minutes 52 seconds East,a distance of 418.39 feet;thence North 42 degrees 34 minutes 59 seconds East,a distance of 113.69 to the southeast comer of said Lot 1,Block 2 and there terminating. A ZONE R-9.5 That part of the following described properties: The Northeast Quarter of the Southwest Quarter and the West One-Half of the Northwest Quarter of the Southeast Quarter,lying southerly of Riley Creek,all in Section 30,Township 116 North,Range 22 West and that part of the Southeast Quarter of the Southwest Quarter of said Section 30 and that part of the West One-Half of the Southwest Quarter of the Southeast Quarter of said Section 30,lying northerly of the following described line: Commencing at the Northwest comer of the Southeast Quarter of the Southwest Quarter of said Section 30; thence South 0 degrees 29 minutes 40 seconds East along the west line of said Quarter-Quarter a distance of 77.00 feet to the beginning of the line to be described;thence North 84 degrees 33 minutes 53 seconds East a distance of 336.63 feet;thence South 52 degrees 50 minutes 20 seconds East a distance of 382.42 feet;thence North 84 degrees 34 minutes 46 seconds East a distance of 618.87 feet;thence South 82 degrees 27 minutes 55 seconds East a distance of 481.29 feet;thence North 57 degrees 23 minutes 44 seconds East a distance of 160.30 feet;thence North 4 degrees 30 minutes 10 seconds East a distance of 108.79 feet to the North line of the West half of the Southwest Quarter of the Southeast Quarter of said Section 30 and said line there terminating. AND: That part of the Northwest Quarter of the Southwest Quarter of Section 30,Township 116,Range 22,lying South of a line drawn parallel with and 477.3 feet distant from the North line of said Northwest Quarter of the Southwest Quarter,Hennepin County,Minnesota. AND: Lot 2,Block 1,DORENKEMPER ESTATES,according to the recorded plat thereof,Hennepin County, Minnesota. AND: Lot 2,Block 2,DORENKEMPER ESTATES,according to the recorded plat thereof,Hennepin County, Minnesota. AND: All that part of Dorenkemper Boulevard,as dedicated on the plat of DORENKEMPER ESTATES, according to the recorded plat thereof,Hennepin County,Minnesota. Lying southerly of the following described line: Commencing at the southwest corner of said Lot 2,Block 1,DORENKEMPER ESTATES; thence North 03 degrees 43 minutes 35 seconds West,assumed bearing along the west line of said Lot 2,Block 1,a distance of 501.00 feet to the point of beginning of the line to be described; thence North 72 degrees 33 minutes 25 seconds East,a distance of 755.92 feet;thence North 75 degrees 07 minutes 52 seconds East,a distance of 418.39 feet;thence North 42 degrees 34 minutes 59 seconds East,a distance of 113.69 to the southeast comer of said Lot 1,Block 2 and there terminating. AND: Lying northerly of the following described line: Beginning'at the southwest comer of said Lot 2,Block 1,DORENKEMPER ESTATES;thence South 03 degrees 43 minutes 35 seconds East,a southerly extension of the west line of said Lot 2, Block 1,a distance of 25.15 feet;thence South 87 degrees 26 minutes 14 seconds East,a distance of 115.33 feet;thence southeasterly along a tangential curve concave to the southwest,having a radius of 350.00 feet an arc length of 172.71 feet and an included angle of 28 degrees 16 minutes 23 seconds;thence South 59 degrees 09 minutes 51 seconds East,tangent to the last described curve,a distance of 182.78 feet;thence southeasterly along a tangential curve concave to the southwest,having a radius of 300.00 feet,an arc length of 137.84 feet and an included angle of 26 degrees 19 minutes 34 seconds;thence South 32 degrees 50 minutes 17 seconds East,tangent to the last described curve,a distance of 47.35 feet;thence southeasterly along a tangential curve concave to the northeast,having a radius of 300.00 feet,an arc length of 186.86 feet and an included angle of 35 degrees 41 minutes 14 seconds;thence South 68 degrees 31 minutes 30 seconds East,tangent to last described curve,a distance of 70.19 feet;thence southeasterly along a tangential curve concave to the southwest,having a radius of 243.67 feet,an arc length of 62.26 feet,and a included angle of 14 degrees 38 minutes 21 seconds;thence South 53 degrees 53 minutes 10 seconds East,tangent to the last described curve,a distance of 208.29 feet; southeasterly along a tangential curve concave to the southwest,having a radius of 421.07 feet,an arc length of 82.66 feet and an included angle of 11 degrees 14 minutes 54 seconds;thence South 42 degrees 38 minutes 16 seconds East,tangent to the last described curve,a distance of 183.80 feet;thence southeasterly along a tangential curve concave to the northeast,having a radius of 350.00 feet,an arc length of 62.32 feet and an included angle of 10 degrees 12 minutes 04 seconds;thence South 52 degrees 50 minutes 20 seconds East,tangent to the last described curve, a distance of 158.38 feet;thence North 44 degrees 31 minutes 19 seconds East,a distance of 203.54 feet;thence North 84 degrees 02 minutes 48 seconds East,a distance of 318.16 feet; thence North 52 degrees 37 minutes 02 seconds East,a distance of 105.48 feet;thence North 84 degrees 02 minutes 48 seconds East,a distance of 43.28 feet;thence South 27 degrees 17 minutes 21 seconds East,a distance of 194.50 feet;thence South 66 degrees 53 minutes 29 seconds East,a distance of 192.83 feet;thence northeasterly along a tangential curve concave to the northwest, having a radius of 142.77 feet,an arc length of 193.94 feet and an included angle of 77 degrees 49 minutes 45 seconds;thence North 35 degrees 16 minutes 46 seconds East,tangent to the last described curve,a distance of 154.92 feet;thence southeasterly along a non-tangential curve concave to the northeast,having a chord bearing of South 71 degrees 49 minutes 10 seconds East, a radius of 255.57 feet,an arc length of 152.54 feet and an included angle of 34 degrees 11 minutes 53 seconds;thence South 88 degrees 55 minutes 07 seconds East,tangent to the last described curve,a distance of 81.38 feet to the east line of the West One-Half of the Southeast Quarter of said Section 30,Township 116 North,Range 22 West and there terminating. ZONE R-13.5 That part of the following described properties: The Northeast Quarter of the Southwest Quarter and the West One-Half of the Northwest Quarter of the Southeast Quarter,lying southerly of Riley Creek,all in Section 30,Township 116 North,Range 22 West and that part of the Southeast Quarter of the Southwest Quarter of said Section 30 and that part of the West One-Half of the Southwest Quarter of the Southeast Quarter of said Section 30,lying northerly of the following described line: Commencing at the Northwest comer of the Southeast Quarter of the Southwest Quarter of said Section 30; thence South 0 degrees 29 minutes 40 seconds East along the west line of said Quarter-Quarter a distance of 77.00 feet to the beginning of the line to be described;thence North 84 degrees 33 minutes 53 seconds East a distance of 336.63 feet;thence South 52 degrees 50 minutes 20 seconds East a distance of 382.42 feet;thence North 84 degrees 34 minutes 46 seconds East a distance of 618.87 feet;thence South 82 degrees 27 minutes 55 seconds East a distance of 481.29 feet;thence North 57 degrees 23 minutes 44 seconds East a distance of 160.30 feet;thence North 4 degrees 30 minutes 10 seconds East a distance of 108.79 feet to the North line of the West half of the Southwest Quarter of the Southeast Quarter of said Section 30 and said line there terminating. AND: That part of the Northwest Quarter of the Southwest Quarter of Section 30,Township 116,Range 22,lying South of a line drawn parallel with and 477.3 feet distant from the North line of said Northwest Quarter of the Southwest Quarter,Hennepin County,Minnesota. Lying southeasterly southerly of the following described line: Beginning at the southwest corner of said Lot 2,Block 1,DORENKEMPER ESTATES;thence South 03 degrees 43 minutes 35 seconds East,a southerly extension of the west line of said Lot 2, Block 1,a distance of 25.15 feet;thence South 87 degrees 26 minutes 14 seconds East,a distance of 115.33 feet;thence southeasterly along a tangential curve concave to the southwest,having a radius of 350.00 feet an arc length of 172.71 feet and an included angle of 28 degrees 16 minutes 23 seconds;thence South 59 degrees 09 minutes 51 seconds East,tangent to the last described curve,a distance of 182.78 feet;thence southeasterly along a tangential curve concave to the southwest,having a radius of 300.00 feet,an arc length of 137.84 feet and an included angle of 26 degrees 19 minutes 34 seconds;thence South 32 degrees 50 minutes 17 seconds East,tangent to the last described curve,a distance of 47.35 feet;thence southeasterly along a tangential curve concave to the northeast,having a radius of 300.00 feet,an arc length of 186.86 feet and an included angle of 35 degrees 41 minutes 14 seconds;thence South 68 degrees 31 minutes 30 seconds East,tangent to last described curve,a distance of 70.19 feet;thence southeasterly along a tangential curve concave to the southwest,having a radius of 243.67 feet,an arc length of 62.26 feet,and a included angle of 14 degrees 38 minutes 21 seconds;thence South 53 degrees 53 minutes 10 seconds East,tangent to the last described curve,a distance of 208.29 feet; southeasterly along a tangential curve concave to the southwest,having a radius of 421.07 feet,an arc length of 82.66 feet and an included angle of 11 degrees 14 minutes 54 seconds;thence South 42 degrees 38 minutes 16 seconds East,tangent to the last described curve,a distance of 183.80 feet;thence southeasterly along a tangential curve concave to the northeast,having a radius of 350.00 feet,an arc length of 62.32 feet and an included angle of 10 degrees 12 minutes 04 seconds;thence South 52 degrees 50 minutes 20 seconds East,tangent to the last described curve, a distance of 158.38 feet;thence North 44 degrees 31 minutes 19 seconds East,a distance of 203.54 feet;thence North 84 degrees 02 minutes 48 seconds East,a distance of 318.16 feet; thence North 52 degrees 37 minutes 02 seconds East,a distance of 105.48 feet;thence North 84 degrees 02 minutes 48 seconds East,a distance of 43.28 feet;thence South 27 degrees 17 minutes 21 seconds East,a distance of 194.50 feet;thence South 66 degrees 53 minutes 29 seconds East,a distance of 192.83 feet;thence northeasterly along a tangential curve concave to the northwest, having a radius of 142.77 feet,an are length of 193.94 feet and an included angle of 77 degrees 49 minutes 45 seconds;thence North 35 degrees 16 minutes 46 seconds East,tangent to the last described curve,a distance of 154.92 feet;thence southeasterly along a non-tangential curve concave to the northeast,having a chord bearing of South 71 degrees 49 minutes 10 seconds East, a radius of 255.57 feet,an arc length of 152.54 feet and an included angle of 34 degrees 11 minutes 53 seconds;thence South 88 degrees 55 minutes 07 seconds East,tangent to the last described curve,a distance of 81.38 feet to the east line of the West One-Half of the Southeast Quarter of said Section 30,Township 116 North,Range 22 West and there terminating.