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Home My WebLink AboutOrdinance - 15-98-PUD-11-98 - Welter’s Brookhaven Farm - 04/07/1998 WELTER'S BROOKHAVEN FARM CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO. 15-98-PUD-11-98 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,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-6.5,R1-13.5 and R1-9.5 Zoning Districts 15-98-PUD-11-98(hereinafter"PUD-I 1-98-RM-6.5, R1-13.5 and R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 2, 1998,entered into between Welter's Brookhaven Farm Development Co., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-11-98-RM-6.5,R1-13.5 and R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-11-98-RM-6.5, R1-13.5 and R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-98-RM-6.5,R1-13.5 and 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-11-98-RM-6.5,RI-13.5 and RI-9.5 are justified by the design ofthe development described therein. D. PUD-11-98-RM-6.5,R1-13.5 and 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 Rural District and shall be included hereafter in the Planned Unit Development PUD-11-98-RM-6.5,R1-13.5 and R1-9.5 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 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 7th day of April, 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 2nd day of June, 1998. ATTEST: Donald R. Uram„ City Clerk can-L. Harris,Mayor PUBLISHED in the Eden Prairie News on WELTER'S BROOKHAVEN FARM CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 15-98-PUD-11-98 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: Summaik This ordinance allows rezoning of land located at the Northeast comer of Homeward Hills Road and Pioneer Trail from Rural to RM-6.5 on 21.77 acres,from Rural to R1-13.5 on 1.38 acres and from Rural to R1-9.5 on 0.3 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/Donald R. Uram /s/Jean L.Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on theh (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Welter's Brookhaven Farm Legal Description: PUD Concept Review, PUD District Review, Preliminary Plat That part of Tracts A and B, Registered Land Survey No. 1032, Hennepin County, Minnesota lying Westerly, Northerly and Northwesterly of a line described as follows: Beginning at a point on the survey line of Hennepin County Highway Plat 6 a distance of 886 feet East from the West line of the Northeast 1/4, Section 26, Township 116, Range 22, as measured along said survey line, thence Northeasterly at right angles distant 412 feet, thence Southeasterly at right angles to the centerline of Purgatory Creek, thence Northerly and Northwesterly along the centerline of said creek to the North line of said Tract B, the centerline of said creek being the same as the Southwesterly line of Welter Purgatory Acres lst Addition, 2nd Addition and 3rd Addition. Except that part of the West 40 feet thereof lying South of the North 250 feet thereof. Zoning District Change from Rural to RM-6.5 That part of Tracts A and B, Registered Land Survey No. 1032, Hennepin County, Minnesota, described as follows: Beginning at a point on the survey line of Hennepin .County Highway Plat 6 a distance of 886 feet East from the West line of the Northeast 1/4, Section 26, Township 116, Range 22, as measured along said survey line, thence Northeasterly at right angles distant 522. 25 feet, thence North 68019 ' 16" West 288.72 feet, thence North 49043158" West 150.30 feet, thence North 37037 '48" West 235.10 feet, thence North 56038 ' 18" West 267.45 feet, thence South 89037 , 26" West 361.67 feet to the West line of said Tract B said Tract B being the same as the West line of Northeast 1/4 of Section 26, Township 116, Range 22, thence South 00022134" East 667. 27 feet more or lass to the center of County Road No. 1, thence Southeast 886 feet to the point of beginning. Except the ;Nest 40 feet for Homeward Hills Road and except the South 50 feet for County Road No. 1 (Pioneer Trail) . Legal Descriptions continued: Zoning District Change from Rural to R1-13.5 That part of Tract B Registered Land Survey No. 1032„Hennepin County, Minnesota beginning at a point on the West line of said Tract B distant 667. 27 feet North of the Southwest corner of Tract B, thence North 890 37126" E st 361.67 feet, thence North 40058151" West 326.65 feet, thence South 49 01109" West 62.88 feet, thence South 89037 '26" West 61.34 feet to a point 40 feet East of the West line of said Tract B, thence South parallel with the West line- 207.07 feet to a point 40 feet East of the point of beginning and there terminating. Zoning District Change from Rural to R1-9.5 That part of Tracts A and B, Registered Land Survey No. 1032, Hennepin County, Minnesota, described as follows : Beginning at a point on the survey lire of Hennepin County Highway Plat 6 a distance of 886 feet East from the West line of the Northeast 1/4, Section 26, Township 116, Range 22 as measured along said survey line, thence Northeasterly at right angles distant 264. 12 feet, thence North 56030118" West 27.38 feet, thence South- westesterly along a curve 44.63 feet, radius 50.0 feet, thence South 360 42113" West 161.40 feet, thence Southeasterly 73.35 feet more or less to a point 78.10 feet North of the point of beginning and there terminating. Affidavit of Publication Southwest Suburban Publishing WELTER'S BROOBHAVEN FARM CITY OF EDEN"LAMIE HENNEPIN COUI-V Y, MINNESOTA State of Minnesota ) ORDINANCE NO. 15-98-PUD-11-98 AN ORDINANCE OF THE CITY )SS. OF EDEN PRAIRIE, MINNESOTA REMOVING CERTAIN LAND FROM County of Hennepin ) ONE ZONING DISTRICT AND PLAC- ING rr IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND Stan Rolfsrud,being duly sworn,on oath says thathe is the authorized agent of the publisher of ADOPTING BY REFERENCE CITY the newspaper known as the Eden Prairie News and has fullknowledge of the facts herein stated CODE CHAPTER 1 AND SECTION as follows: 11.99, WHICH, AMONG OTHER THINGS,CONTAIN PENALTY PRO- (A)This newspaper has complied with the requirements constituting qualification as a legal VISIONS newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as THE CITY COUNCIL OF THE amended. CrrY OF EDEN PRAIRIE, MINNE- SOTA, ORDAINS: (B)The printed public notice that is attached to this Affidavit and identified as No.q33� Summary: This ordinance allows was published on the date or dates and in the newspaper stated in the attached Notice and said rezoning of land located at the Northeast Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of corner of Homeward Hills Road and Pio- the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both neer Trail from Rural to RM-6.5 on 21.77 inclusive,and is hereby acknowledged as being the kind and size of type used in the composition acres,fromRuralto 111-13.5 on 1.38 acres and publication of the Notice: and from Rural to R1-9.5 on 0.3 acres. Exhibit A,included with this Ordinance, abcdefghijklmnopgrstu gives thefulliegaldescriptionof thisprop- erty. EffectiveDate: ThisOrdinanceshall B t -�j take effect upon publication. ATTEST: Stan Rolfsrud,General Manager /s/Donald R. Uram or his designated agent City Clerk /s/Jean L.Harris Subscribed and sworn before me on Mayor (A full copy of the text of this Ordi- nance is available from City Cler)L) `- ExhibitA this day of 1998 OK.Spa&Salon GIVEN &A. €iAl3UENZ Legal Description NOTAW PUB UC-4/,INNESSOTA Lot 1,Block.1,Minnesota Tree Fourth 0 MY COh1M1SSION EXPIRES 1-31 00 Addition (Published in the Eden Prairie News on Thursday,June 18, 1998;No.9335) Notary Public 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