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HomeMy WebLinkAboutOrdinance - 22-98-PUD-15-98 - Realife Cooperative - 06/02/1998 REALIFE VALLEY VIEW COOPERATIVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 22-98-PUD-15-98 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 changed from the Rural District and be placed in the RM-2.5 Zoning District 22-98-PUD-15-98 (hereinafter"PUD-15-98-RM-2.5") Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 1, 1998, entered into between Realife Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-15-98-RM-2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-15-98 RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-15-98 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-15-98-RM-2.5 are justified by the design of the development described therein. D. PUD-15-98-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-15-98-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 2nd day of June, 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 1 st day of September, 1998. ATTEST: Donald R. Uram, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on REALIFE VALLEY VIEW COOPERATIVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 22-98-PUD-15-98 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: Summary: This ordinance allows the rezoning of land located at the south side of Smetana Lane from Rural to RM-2.5 on 3.6 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/ Donald R. Uram /s/Jean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on September 10, 1998. (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Realife Valley View Cooperative Legal Description: PUD District Review and Zoning District Change from Rural to RM-2.5 That part of the following described parcel of land,lying northerly of the ordinary high water line(935.2 N.G.V.D. 1929)of Lake Smetana,said parcel of land described as follows: The East 179.00 feet as measured at right angles to the East line thereof;of that part of the West%2 of the Southwest%a of Section 12,Township 116,Range 22,Hennepin County,Minnesota,lying South of the center line of County Road 39. And That part of the West 100 feet of the East Half of the Southwest Quarter of Section 12,Township 116, Range 22, lying Southerly of the center line of Valley View Road(formerly known as County Road No. 39),as shown in the plat of Wilson Ridge,which lies Northerly of a line drawn Easterly at right angles from the West line of said East Half;from a point on said West line distant 269.5 feet Southerly from the Northwest comer of the Southeast Quarter of said Southwest Quarter,according to the recorded plat thereof. And That part of the Northeast Quarter of the Southwest Quarter of Section 12,Township 116 North,Range 22 West, City of Eden Prairie,Hennepin County,Minnesota,being more particularly described as follows: Commencing at the southwest comer of said quarter-quarter;thence North,assumed bearing,along the west line of said quarter-quarter,a distance of 166.10;thence East a distance of 100.00 feet to the east line of the West 100.00 feet of said quarter-quarter,thence South,along said east line,a distance of 141.60 feet to the point of beginning of the land to be described;thence North 54 degrees 00 minutes 04 seconds East a distance of 80.83 feet;thence North 29 degrees 19 minutes 47 seconds West a distance of 119AO feet;thence West a distance of 6.91 feet to said east line of the West 100.00 feet;thence South,along said east line,a distance of 151.60 feet to the point of beginning. And That part of the Southeast Quarter of the Southwest Quarter of Section 12,Township 116 North,Range 22 West,City of Eden Prairie,Hennepin County,Minnesota,being more particularly described as follows: Commencing at the northwest comer of said quarter-quarter,thence South,assumed bearing,along the west line of said quarter-quarter, a distance of 269.50 feet to the point of beginning of the parcel of land to be described;thence East a distance 100.00 feet;thence South 27 degrees 42 minutes 12 seconds West a distance of 215.10 feet to the west line of said quarter-quarter,thence North,along said west line,a distance of 190.44 feet to the point of beginning. Said parcel of land contains 3.9 acres of land,more or less,and is subject to existing easements of record. 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 the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated REAIIFEVALLEYVIEW as follows: COOPERATIVE CITY OF EDEN PRAIRIE (A)This newspaper has complied with the requirements constituting qualification as a legal HENNEPIN COUNTY, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as MINNESOTA amended. SUMMARY OF ORDINANCE NO.22-98-PUD-15-98 (B)The printed public notice that is attached to this Affidavit and identified as No. 932g AN ORDINANCE OF THE CITY was published on the date or dates and in the newspaper stated in the attached Notice and said OF EDEN PRAIRIE, MINNESOTA, Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of REMOVING CERTAIN LAND FROM the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both ONE ZONING DISTRICT AND PLAC- inclusive,and is hereby acknowledged as being the JBy: f type used in the composition ING IT IN ANOTHER, AMENDING and publication of the Notice: THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND abcdefghijklmnop ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS,CONTAIN PENALTY PRO- VISIONS n Rolfsrud,General Atr<er THE CITY COUNCIL OF THE or his designated agent CITY OF EDEN PRAIRIE, MINNE- SOTA, ORDAINS: Subscribed and sworn before me on Summary: This ordinance allows the rezoning of land located at the south side of Smetana Lane from Rural to RM-2.5 on 3.6 acres;subject to the terms and condi- thisZ22 day of 1998 tionanfaDeveloper'sAgreement.Exhibit " GWEN M. RADUENZ A,included with this Ordinance gives the NOTARY P:S3LIG--M1f-DO ESOTA full legal description of this property. TvlY COMMISSION EXPIRES 1-31-00 EfftctiveDate: ThisOrdinanceshall __.;; take effect upon publication. ATTEST: Notary Public /s/Donald R. Uram coy Clerk L.Harris Mayor (A frill copy of the bW ofibb Ordi- nance is availsbla from CRY Gle&.) (Publisbad in fire Bdw Pis"News on RATE INFORMATION Thursday,September 10,1998;No.9399) 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 BEST BUY CAMPUS - PHASE 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, NIINNESOTA ORDINANCE NO. 23-98-PUD-16-98 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 I-2 Zoning District23-98-PUD-16-98 (hereinafter "PUD-16-98-I-2"). SECTION 3. The City Council hereby makes the following findings: A. PUD-16-98-I-2 is not in conflict with the goals of the Comprehensive guide Plan of the City. B. PUD-16-98-I-2 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-16-98-I-2 are justified by the design of the development described therein. D. PUD-16-98-I-2 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 4. 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-16-98-1-2 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 5. 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 6. 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 21st 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 1st day of September, 1998. ATTEST: Donald R. Uram, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on .