HomeMy WebLinkAboutOrdinance - 4-99-PUD-3-99 - Chestnut Apartments - 04/20/1999 CHESTNUT APARTMENTS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
ORDINANCE NO.4-99-PUD-3-99
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NHNNESOTA, AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT, 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,,NHNNESOTA,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 amended within
the RM-2.5 Zoning District 4-99-PUD-3-99 (hereinafter"PUD-3-99-RM-2.5').
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 BBY Chestnut Limited
Partnership and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The
Developer's Agreement contains the terms and conditions of PUD-3-99-RM-2.5, and are hereby
made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-3-99-RM-2.5 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-3-99-RM-2.5 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-3-99-RM-2.5 are justified by the design of the
development described therein.
D. PUD-3-99-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
amended within the RM-2.5 Zoning District and shall be included hereafter in the Planned Unit
Development 3-99-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
20th day of April, 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 1 st day of June, 1999.
ATTEST:
C�
K hleen A. Porta, City Clerk T e s ct. g Mayor
PUBLISHED in the Eden Prairie News on /0
CHESTNUT APARTMENTS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,IVIINNESOTA
SUMMARY OF
ORDINANCE NO. 4-99-PUD-3-99
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,AMENDING THE
ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at
Chestnut Road and Anderson Lakes Parkway within the RM-2.5 Zoning District. Exhibit A,
included with this Ordinance, gives the full legal description of this properly.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
thleen A. Porta, City Clerk IN cy a ens, c ' g Mayor
PUBLISHED in the Eden Prairie News on /d
(A full copy of the text of this Ordinance is available from City Clerk.)
Chestnut Apartments
E:l aibit A
That part of the Northwest 114. of the Southwest 1/4 and 'of the North 1/2 of the Northeast
1/4 of the Southwest 1/4- of Section 15, Township 116, North Range 22, West of the 5th
Principal Meridian, described as' follows-.
Commencing at the Southwest comer of the Northwest 1/4 of the Southwest 1/4 of said
Section 15, thence North 89 degrees 46 minutes 33 seconds East, assumed bearing, along the
South line of sold Northwest 1/4 of the Southwest 1/4 a distance of 734.00 feet to the actual
point of bealnnino; `.hence North 00 decrees 13 minutes 27 seconds 'Nest a distance of 4A_00
feet; thence Neva 4 decrees 17 minutes 13 seconds East a aistcnce of 234.93 feet; thence
North 00 degrees 42 minutes 47 seconds West a distance of 84.45 feet; thence North 45
degrees 42 minutes 47 seconds West a distance of 311.00 feet; .thence North 13 degrees 20
minutes 00 seconds West a distance of 233.79 feet;- thence North 45 degrees East a distance
of 56.79 feet; thence South 45 degrees East a distance of 291 feet-, thence along a tangential
curve concave to the Southwest and having a radius of 316.50 feet a distance of 102 feet;
thence tNorth 45 degrees East, not tangent to last described curve a distance of 260 feet;
thence North a distance of 142.50 feet; thence East a distance of 270.76 feet to a point on a
curve haAng a radius of 666.20 feet, the canter of circle of said curve becrs South 69 degrees
14 minutes 33 seconds West from said point; thence Southerly along said curie a distance of
169.53 feet, more or less, to the South line of the North 1/2 of the Northeast 1/4 of the
Southwest 1/4 of said Section 15; thence Westerly along the South line of said North 1/2 to
the Southwest comer of said North 1/2; thence Southerly along the East line of the Northwest
1/4 of the Southwest 1/4 of said Section 15 to the Southeast corner of said Northwest 1/4 of
the Southwest 1/4; thence Westerly along the South line of said Northwest 1/4 of the
Southwest 1/4 to the actual point of beginning.
Together with appurtenant Easement for sign, planter and sidewalk filed of record as Document
No. 6661737.
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
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:
SUMMARY OF ORDINANCE NO.4-
99-PUD-3-99 (A) This newspaper has complied with the requirements constituting qualification as a legal
CHESTNUT APARTMENTS newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
AN ORDINANCE OF THE CITY OF amended.
EDEN PRAIRIE, MINNESOTA,
AMENDINGTHEZONINGOFCERTAIN (B)The printed public notice that is attached to this Affidavit and identified as Not
LAND WTrHIN ONE DISTRICT, AND was published on the date or dates and in the newspaper stated in the attached Notice and said
ADOPMGBYREFERENCECTTYCODE Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
CHAPTER 1 AND SECTION 11.99, the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
WHICH, AMONG OTHER THINGS, inclusive,and is hereby acknowledged as being the kind and size of type used in the co uon
CONTAIN PENALTY PROVISIONS and publication of the Notice:
THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE, MINNESOTA, abcdefghijklmnopgrstuvw.v
ORDAINS:
Summary: This ordinance allows
amendment of the zoning of land located at By
A A
ChestnutRoad andAndersonLakes Parkway
within the RM-2.5 Zoning District. Exhibit Stan Ro fsrud,General aQer
A,included with this Ordinance,gives thefull or his designated agent
legal description of this property.
This Ordinance shall take effect upon Subscribed and sworn before me on
publication.
ATTEST: ev
Isl Kathleen A.Porta,City Clerk
Isl Jean L.Harris,Mayor this 1 —day of ._, 1999
(A full copy of the text of this Ordinance
is available from City Clerk.) EJOGWEN {:4. RADt1ENZ(Published in the Eden Prairie News on raRv puutt�tita v�sotnThursday,June 10, 1999;No.3051) otarnsssiox ncP�nEs t-st o0
a'
Notary Public
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
BEARPATH 10TR ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 5-99-PUD-4-99
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 RM-6.5 Zoning District and be place in the Planned Unit Development R1-13.5
Zoning District 5-99-PUD-4-99 (hereinafter "PUD-4-99-R1-13.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of May 18, 1999, entered into between Bearpath
Limited Partnership and the City of Eden Prairie, (hereinafter"Developer's Agreement").
The Developer's Agreement contains the terms and conditions of PUD-4-99-R1-13.5,
and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-4-99-R1-13.5 is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-4-99-R1-13.5 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-4-99-R1-13.5 are justified by the
design of the development described therein.
D. PUD-4-99-R1-13.5 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 RM-6.5 and shall be included hereafter in the Planned Unit
Development PUD-4-99-R1-13.5 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 20th day of April, 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 18th day of May, 1999.
ATTEST:
Kat een A. Porta, City Clerk Jan Harris, Mayor
PUBLISHED in the Eden Prairie News on 7
Bearpath 10`h Addition
Exhibit A
Legal Description: Lots 1—5,Block 2,Bearpath Traill Addition