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Home My WebLink AboutOrdinance - 43-99-PUD-30-99 - Brown Addition - 10/19/1999 BROWN ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 43-99-PUD-30-99 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 on 6.75 acres be placed in the R1-13.5 Zoning District, and amended within the R1-13.5 Zoning District on 1.02 acres and amended within the R1-9.5 Zoning District on .82 acres, and 43-99-PUD-30-99 (hereinafter"PUD-30-99-R1-13.5,RI-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 December 21, 1999, entered into between Settler's East Limited Partnership, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-30-99-R1-13.5 and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-30-99-R1-13.5, R1-13.5 and R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-30-99-R1-13.5, R1-13.5 and R1-9.5is 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-30-99-R1-13.5, R1-13.5 and R1-9.5 are justified by the design of the development described therein. D. PUD-30-99-R1-13.5, 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 Zoning District, and amended within the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-30-99-R1-13.5, 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 19th day of October, 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 21 st day of December, 1999. ATTEST: /,&. 4. Kat een A. Porta, City Clerk an .Hams,Mayor PUBLISHED in the Eden Prairie News on BROWN ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO. 43-99-PUD-30-99 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 east of Overland Trail and Frontier Place; north of Flying Cloud Drive from Rural Zoning District to the R1-13.5 Zoning District, and amending of land within the R1-13.5 and R1-9.5 Zoning Districts. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: GEC_ Kathleen A. Porta, City Clerk ean LA Harris,Mayor PUBLISHED in the Eden Prairie News on �✓ft,�o �'15 f7 . (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A BROWN ADDITION: Zoning Amendment within the R1 -13.5 Zoning District Lot 5 and 6, Block 2, Settlers Ridge 3rd Addition, according to the recorded plat there Hennepin County, Minnesota. Zoning Amendment within the R1 —9.5 Zoning District Lot 1 and 2, Block 3, Settlers Ridge 3rd Addition, according to the recorded plat there Hennepin County,Minnesota. Zoning Change from Rural to R1 -13.5 Zoning District That part of Overland Trail, a publicly dedicated right-of-way per the plat of said Settlers Ridge 3rd Addition, which lies easterly of the northeasterly extension of the northwesterly line of said Lot 5,Block2, to the south line of said Lot 2,Block 3. Together with: That part of the East Half of the West Half of the Southeast Quarter of Section 30, Township 116, Range 22, Hennepin County, Minnesota, lying northerly of the Northerly right-of-way line of State Highway No. 169 and 212, and lying southerly of Riley Creek which lies easterly, northerly,westerly and southwesterly of the following described line: Beginning at the southeast corner of said Lot 6, Block 2, said lot comer being a point on the west line of said East Half of the West Half of the Southeast Quarter; thence South 00 degrees 40 minutes 09 seconds East, assuming the east line of said Lot 6 bears North 00 degrees 40 minutes 09 seconds West, a distance of 71.59 feet along said west line; thence North 89 degrees 19 minutes 51 seconds East, a distance of 300.91 feet; thence South 72 degre3es 04 minutes 21 seconds East, a distance of 166.13 feet; thence along a non- tangential curve, concave to the southeast, having a radius of 387.96 feet, an included angle of 23 degrees 22 minutes 06 seconds, an arc length of 158.23 feet and a chord bearing of North 32 degrees 20 minutes 48 seconds West; thence North 34 degrees 26 minutes 03 seconds West, not tangent to last described curve, a distance of 312.17 feet; thence North 70 degrees 43 minutes 30 seconds West, a distance of 45.49 feet; thence North 83 degrees 00 minutes 05 seconds West, a distance of 119.87 feet; thence South 89 degrees 59 minutes 12 seconds West, a distance of 108.94 feet; thence North 76 degrees 27 minutes 40 seconds West, a distance of 103.16 feet to said west line and there terminating. Affidavit of Publication Southwest Suburban Publishing CITY OF EDEN PRAIRIE State of Minnesota HENNEPIN COUNTY, MINNESOTA )SS. BROWN ADDITION County of Hennepin SUMMARY OF ORDINANCE NO. 43-99-PUD-30-99 AN ORDINANCE OF THE CITY RE OVI PRAIRIE, LMINNESOTA, FROM Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated ` PLACING IT IN ANOTHER, as follows: AMENDING THE LEGAL (A)This newspaper has complied with the requirements constituting qualification as a legal DESCRIPTIONS OF LAND IN EACH newspaper,as rvided by Minnesota Statute 331A.02,331A.07,and o er applicable laws,as DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER amended. j 1 AND SECTION 11.99, WHICH, (B)The printed public notice that is attached to this Affidavit and identified as No042i AMONG OTHER THINGS,CONTAIN was published on the date or dates and in the newspaper stated in the attached Notice and said PENALTY PROVISIONS Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of THE CITY COUNCIL OF THE the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z.both CITY OF EDEN PRAIRIE, inclusive,and is hereby acknowledged as being the kind and size of type used in the composition MINNESOTA, ORDAINS: and publication of the Notice: Summary: This ordinance allows rezoning of land located east of Overland Trail and Frontier Place;north of Flying abcdefghijklmnopgrstuv Cloud Drive from Rural Zoning District to the 1-13.5 Zoning District,and amending of land within the R1-13.5 and RI-9.5 By: Zoning Districts.Exhibit A,included with Stan Rolfsru , eneral Manager this Ordinance, gives the full legal description of this property. or his designated agent Effective Date:This Ordinance shall Subscribed and sworn before me on take effect upon publication. Jean L.Harris, Mayor /'f,� ATTEST: Kathleen A.Porta, thisk day of 1999 City Clerk (A full copy of the text of this G=PUSUC-4&WXA0TA Ordinance is available from City Clerk.) NO(Published in the Eden Prairie News on MY C Thursday,December 30,1999;No.3231) f 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