HomeMy WebLinkAboutOrdinance - 2-99-PUD-2-99 - Eden Orchard - 02/16/1999 EDEN ORCHARD
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
ORDINANCE NO. 2-99-PUD-2-99
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
Rural Zoning District and be place in the Planned Unit Development R1-13.5, R1-9.5 and RM-
6.5 Zoning Districts 2-99-PUD-2-99 (hereinafter"PUD-2-99-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 June 1, 1999, entered into between Orrin Thompson Homes
and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's
Agreement contains the terms and conditions of PUD-2-99-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-2-99-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-2-99-R1-13.5, R1-9.5 and RM-6.5 is 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-2-99-R1-13.5, R1-9.5 and RM-6.5 are justified
by the design of the development described therein.
D. PUD-2-99-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 and shall be included hereafter in the Planned Unit Development PUD-
2-99-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.
F RST READ at a regular meeting of the City Council of the City of Eden Prairie on the
16th day of February, 1999, 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 lst day of June,
1999.
ATTEST:
K een A. Por a, City Clerk N cy a ens, c ' g Mayor
PUBLISHED in the Eden Prairie News on �wy- /4 I
EDEN ORCHARD
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
SUMMARY OF
ORDINANCE NO. 2-99-PUD-2-99
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:
Summary: This ordinance allows rezoning of land located at Pioneer Trail and Dell
Road from Rural to R1-13.5, R1-9.5 and RM-6.5 on 158.4 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:
K thleen A.Porta, City Clerk cyV�pf -L ns, c ' g Mayor
PUBLISHED in the Eden Prairie News on v— 1014
(A full copy of the text of this Ordinance is available from City Clerk.)
EX MIT A Planned Unit Development Legal Description for Eden Orchard
All that part of the Southeast Quarter of the Southeast Quarter of Section 19, the Northwest
Quarter of Section 29 and the East Half of the Northeast Quarter of Section 30, all in Township
116, Range 22, Hennepin County, Minnesota described as follows:
Beginning at the southwest corner of said Southeast Quarter of the Southeast Quarter,thence on
an assumed bearing of North 00 degrees 33 minutes 52 seconds West, along the west line of said
Southeast Quarter of the Southeast Quarter, a distance of 112.24 feet;thence North 89 degrees
32 minutes 03 seconds East, a distance of 503.55 feet; thence South 70 degrees 34 minutes 58
seconds East, a distance of 264.30 feet;thence South 51 degrees 33 minutes 04 seconds East, a
distance of 403.14 feet; thence South 21 degrees 43 minutes 17 seconds East, a distance of
118.44 feet;thence South 13 degrees 10 minutes 38 seconds East, a distance of 115.61 feet;
thence South 10 degrees 52 minutes 56 seconds West, a distance of 116.69 feet;thence South 26
degrees 48 minutes 43 seconds West, a distance of 132.55 feet; thence South 18 degrees 25
minutes 14 seconds East, a distance of 25.33 feet; thence Ncr-Lh 71 degees 34 mlnutes 46
seconds East, a distance of 232.53 feet;thence easterly, a distance of 76.58 feet, along a
tangential curve,,concave to the south, having a central angle of 25 degrees 04 minutes 27
seconds and a radius of 175.00 feet; thence continuing easterly, a distance of 167.16 feet, along a
reverse curve, concave to the north, having a central angle of 06 degrees 29 minutes 36 seconds
and a radius of 1475.00 feet; thence South 89 degrees 50 minutes 23 seconds East, tangent to
said curve, a distance of 114.48 feet; thence South 00 degrees 09 minutes 37 seconds West, a
distance of 229.67 feet; thence southwesterly, a distance of 697.35 feet, along a tangential curve,
concave to the northwest, having a central angle of 88 degrees 47 minutes 20 seconds and a
radius of 450.00 feet; thence South 88 degrees 56 minutes 57 seconds West, tangent to said
curve, a distance of 742.80 feet; thence southwesterly, a distance of 390.81 feet, along a
tangential curve, concave to the southeast, having a central angle of 49 degrees 45 minutes 35
seconds and a radius of 450.00 feet; thence North 50 degrees 48 minutes 37 seconds West, not
tangent to said curve, a distance of 46.72 feet;thence northwesterly, a distance of 164.10 feet,
along a tangential curve, concave to the northeast, having a central angle of 50 degrees 20
minutes 37 seconds and a radius of 186.76 feet; thence North 00 degrees 27 minutes 57 seconds
West, a distance of 1315.55 feet, to the point of beginning.
Total area=42.0757 acres
EXMIT A Planned Unit Development Legal Description for Eden Orchard
All that part of the Northwest Quarter of Section.29 and the East Half of the Northeast Quarter
of Section 30, all in Township 116, Range 22, Hennepin County, Minnesota lying westerly of the
centerline of Riley Creek and southerly of the following described line:
Commencing at the northwest comer of said East Half of the Northeast Quarter,thence on an
assumed bearing of South 00 degrees 27 minutes 57 seconds East, along the west line of said East
Half, a distance of 1315.55 feet, to the point of beginning of the line to be described; thence
southeasterly, a distance of 164.10 feet, along a tangential curve, concave to the northeast, having
a central angle of 50 degrees 20 minutes 37 seconds and a radius of 186:76 feet; thence South 50
degrees 48 minutes 37 seconds East, tangent to said curve, a distance of 46.72 feet; thence
northeasterly, a distance of 390.81 feet, along a non-tangential curve, concave to the southeast,
having a central angle of 49 degrees 45 minutes 3 5 seconds, a radius of 45 0.00 feet and a chord
be:rin? of North 64 degrees 04 minutes 10 seconds E"-st; :hence North 88 degrees 56 minutes 57
seconds East, tangent to said curve, a distance of 742.80 feet; thence northeasterly, a distance of
287.85 feet, along a tangential curve, concave to the northwest, having a central angle of 36
degrees 39 minutes 01 seconds and a radius of 450.00 feet; thence South 37 degrees 42 minutes
04 seconds East, not tangent to said curve, a distance of 56.48 feet; thence southeasterly, a
distance of 54.98 feet, along a tangential curve, concave to the northeast, having a central angle
of 51 degrees 44 minutes 40 seconds and a radius of 60.87 feet; thence South 89 degrees 26
minutes 44 seconds East, tangent to said curve, a distance of 234.81 feet; thence southeasterly, a
distance of 3 84.3 5 feet, along a tangential curve, concave to the southwest, having a central angle
of 82 degrees 10 minutes 15 seconds and a radius of 268.00 feet; thence southerly, a distance of
327.70 feet, along a compound curve, concave to the west, having a central angle of 09 degrees
16 minutes 41 seconds and a radius of 2023.67 feet; thence North 89 degrees 50 minutes 24
seconds East, not-tangent to said curve, a distance of 199.02 feet; thence North 00 degrees 33
minutes 16 seconds East, a distance of 1.94 feet; thence easterly, a distance of 207.55 feet, along
a non-tang ential curve, concave to the north, having a central angle of 04 degrees 24 minutes 40
seconds, a radius of 2695.96 feet and a chord bearing of North 89 degrees 41 minutes 28 seconds
East;thence northeasterly, a distance of 23 8.13 feet, along a compound curve, concave to the
northwest, having a central angle of 70 degrees 03 minutes 17 seconds and a radius of 194.76
feet; thence North 17 degrees 25 minutes 51 seconds East, a distance of 84.37 feet;thence
northeasterly, a distance of 254.82 feet, along a tangential curve, concave to the southeast, having
a central angle of 19 degrees 35 minutes 56 seconds and a radius of 744.95 feet;thence North 37
degrees 01 minutes 47 seconds East, tangent to said curve, a distance of 194.47 feet; thence
North 89 degrees 54 minutes 09 seconds East, a distance of 500 feet and there terminating.
Total area=77.0681 acres
EXMIT A Planned Unit Development Legal Description for Eden Orchard
All that part of the Southeast Quarter of the Southeast Quarter of Section 19, the Southwest
Quarter of Section 20, the Northwest Quarter of Section 29 and the East Half of the Northeast
Quarter of Section 30, all in Township 116, Range 22, Hennepin County, Mmesota described as
follows:
Commencing at the southwest corner of said Southeast Quarter or-the Southeast Quarter,thence
on an assumed bearing of North 00 degrees 33 minutes 52 seconds West, along the west line of
said Southeast Quarter of the Southeast Quarter, a distance of 112.24 feet, to the point of
beginning of the land to be described; thence North 89 degrees 32 minutes 03 seconds East, a
distance of 503.55 feet; thence South 70 degrees 34 minutes 58 seconds East, a distance of
264.30 feet; thence South 51 degrees 33 minutes 04 seconds East, a distance of 403.14 feet;
thence South 21 degrees 43 minutes 17 seconds East, a distance of 118.44 feet; thence South 13
degrees 10 minutes 38 seconds East, a distance of 115.61 feet; thence South 10 degrees 52
mutes 56 seconds Nest, a disc:nce of 116.69 :ee:; thence South=6 degrees 4.8 mutes 43
seconds West, a distance of 132.55 feet; thence South 18 degrees 25 minutes 14 seconds East, a
distance of 25.33 feet; thence North 71 degrees 34 minutes 46 seconds East, a distance of 232.53
feet; thence easterly, a distance of 76.58 fe-t, along a tangential curve, concave to the south,
having a central angle of 25 degrees.04 minutes 27 seconds and a radius of 175.00 feet; thence
continuing easterly, a distance of 167.16 feet, along a reverse curve, concave to the north, having
a central angle of 06 degrees 29 minutes 36 seconds and a radius of 1475.00 feet; thence South 89
degrees 50 minutes 23 seconds East, tangent to said curve, a distance of 114.48 feet; thence
South 00 degrees 09 minutes'37 seconds West, a distance of 229.67 feet; thence southwesterly, a
distance of 409.50 feet, along a tangential curve, concave to the northwest, having a central angle
of 52 degrees 08 minutes 19 seconds and a radius of 450.00 feet; thence South 37 degrees 42
minutes 04 seconds East, not tangent to said curve, a distance of 56.48 feet; thence southeasterly,
a distance of 54.95 feet, along a tangential curve, concave to the northeast, having a central angle
of 51 degrees 44 minutes 40 seconds and a radius of 60.87 feet; thence South 89 degrees 26
minutes 44 seconds East, tangent to said curve, a distance of 234.81 feet; thence southeasterly, a
distance of 3 84.3 5 feet, along a tangential curve, concave to the southwest, having a central ante
of 82 degrees 10 minutes 15 seconds and a radius of 268.00 feet; thence southerly, a distance of
327.70 feet, along a compound curve, concave to the west, having a central an
of 09 degrees
16 .minutes 41 seconds and a radius of 2023.67 feet; thence North 89 degrees 50 minutes 24
seconds East, not tangent to said curve, a distance of 199.02 feet; thence North 00 degrees 33
minutes 16 seconds East, a distance of 1.94 feet;thence easterly, a distance of 207.55 feet, along
a non-tangential curve, concave to the north,having a central anQ1e of 04 degrees 24 minutes 40
seconds, a radius of 2695.96 feet and a chord bearing of North 89 degrees 41 minutes 28 seconds
East;thence northeasterly, a distance of 238.13 feet, along a compound curve, concave to the
northwest, having a central angle of 70 degrees 03 minutes 17 seconds and a radius of 194.76
feet;thence North 17 degrees 25 minutes 51 seconds East, a distance of 84.37 feet; thence
northeasterly, a distance of 254.82 feet, along a tangential curve, concave to the southeast, having
a central angle of 19 degrees 3 5 minutes 56 seconds and a radius of 744.95 feet; thence North 37
degrees 01 minutes 47.seconds East, tangent to said curve, a distance of 194.47 feet; thence
EDIT A Planned Unit Development Legal Description for Eden Orchard
South 89 degrees 54 minutes 09 seconds West, a distance of 998.60 feet; thence North 00
degrees 17 minutes 30 seconds West, a distance of 290.00.feet; thence North 89 degrees 54
minutes 09 seconds East, a distance of 752.00 feet;thence North 00 degrees 17 minutes 30
seconds West, a distance of 50.00 feet; thence South 89 degrees-54 minutes 09 seconds West, a
distance of 3 50.00 feet; thence North 00 degrees 17 minutes 30 seconds West, a distance of
431.29 feet; `hence South 89 degrees 15 minutes 00 seconds West, a distance of 576.17 feet;
thence North 00 degrees 16 minutes 26 seconds West, a distance of 506.02 feet;thence South 89
degrees 15 minutes 00 seconds West, a distance of 378.01 feet; thence North 00 degrees 04
minutes 45 seconds East, a distance of 710.01 feet;thence southwesterly, a distance of 26.69 feet,
along a non-tangential curve, concave to the northwest, having a central angle of 00 degrees 38
minutes 38 seconds, a radius of3374.S2 fee: and a chord bearing of South 55 degrees 35 minutes
39 seconds West; thence South 00 degrees 04 minutes 45 seconds West, not tangent to said
curve, a distance of354.18 feet; thence South 89 degrees 13 minutes 58 seconds West, a distance
of 325.04 feet; thence North 00 degrees 04 minutes 45 seconds East, a distance of 174.00 feet;
thence southwesterly, a distance of 382.41 feet, along a non-tangential curve, concave to the
northwest, having a central angle of 09 degrees 13 minutes 34 seconds, a radius of 2374.82 feet
and a chord bearing of South 69 degrees 33 minutes 39 seconds West; thence South 74 degrees
10 minutes 26 seconds West, tangent to said curve, a distance of 552.48 feet;thence
southwesterly, a distance of 115.96 feet, along a tangential curve, concave to the northwest,
having a central angle of 03 degrees 52 minutes 39 seconds and a radius of 1713.52 feet; thence
South 00 degrees 33 minutes 52 seconds East, a distance of 104.29 feet, to the point of
beginning.
Total area=3 9.2673 acres
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
County of Hennepin )
CITY OF EDEN PRAIRIE Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
HENNEEDPIN COUNTY, the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
MINNESOTA as follows:
SUMMARY OF ORDINANCE NO. 2- (A)This newspaper has complied with the requirements constituting qualification as a legal
99-PUD-2-99 newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
EDEN ORCHARD amended.
AN ORDINANCE OF THE CITY
OF EDEN PRAIRIE, MINNESOTA, (B)The printed public notice that is attached to this Affidavit and identified as No(,?/)
REMOVING CERTAIN LAND FROM was published on the date or dates and in the newspaper stated in the attached Notice and said
ONE ZONING DISTRICT AND Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
PLACING IT IN _ANOTHER, the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
AMENDR40 LIWAL inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
DESCRIPTIONS OF IN EACH and publication of the Notice:
DISTRICT, AND .ADOPTING BY
REFFRENCECiTYCODECHAPTERJ abcdefghijklmnopgrstuvw y
AND SBCIION I LK IVIEI M AMONG
OTHER THINGS, CONTAIN PENALTY
PROVISIONS By:
THE CITY COUNCIL OF THE CITY vStan Rolfsrud,General alter
OF EDEN PRAIRIE, MINNESOTA, or his designated agent
ORDAINS: r `
Summary:This oidinanceallowsrezonmg Subscribed and sworn before me on
of land located atPioneerTrail andDellRoad
from Rural to R1-13.5,R1-9.5 and RM-6.5 I
on 158.4 acres.Exhibit A,included with this
Ordinance,gives the fulllegal description of this�da f 1999
this property y o
This Ordinance shall take effect upon GWEN M. RADUENZ
publication. NOTARY PU-1W0—WNNES0711
ATTEST: MY COMMISSION EXPIRES 1-31-00
Is/Kathleen A.Ports,City Clerk
Isl Jean L.Harris,Mayor
(A full copy of the textof this Ordinance Notary Public
is available from City Clerk.)
(Published in the Eden Prairie News on
Thursday.June 10, 1999;No.3050)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space..$17.00 per column inch
Maximum rate allowed by law for the above matter..............................$17.00 per column inch
Rate actually charged for the above matter.............................................$8.78 per column inch