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Home My WebLink AboutOrdinance - 11-2001-PUD-6-2001 - Sunnybrooke Place - 03/06/2001 SUNNYBROOK PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO. 11-2001-PUD-6-2001 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 placed in the Planned Unit Development RM-6.5 Zoning District 11-2001-PUD-6-2001 (hereinafter" PUD-6-2001-RM-6.5'). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 3, 2001, entered into between Baton Corporation and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-6-2001-RM-6.5, and are hereby made apart hereof. Section 4. The City Council hereby makes the following findings: A. PUD-6-2001-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2001-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-6-2001-RM-6.5 are justified by the design of the development described therein. D. PUD-6-2001-RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are 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 placed in the RM-6.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-6-2001-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. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of March, 2001, 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 3rd day of April, 2001. ATTEST: Katileen A.Porta, City Clerk J an . Harris,Mayor PUBLISHED in the Eden Prairie News on EXIMIT A Sunnybrook Place Legal Description: Tract A, except that part thereof lying Easterly of the following described line: Beginning at the most Easterly corner of Tract B, thence Northwesterly along the Northeasterly line of Tract B to the most Northerly corner of Tract B; thence North to a point on the North line of Tract A, distant 554.36 feet West from the Northeast Corner of Tract A and there terminating; which lies Easterly of a line run parallel with and distant 90 feet Easterly of Line A described below: Line A: Beginning at a point on the Easterly extension of the East and West quarter line of Section 22, Township 116 North, Range 22 West, distant.12 feet East of the East quarter corner thereof; thence run Southerly at an angle of 91 degrees 01 minutes 21 seconds from said Easterly extension (measure from West to South for 2179 feet; thence deflect to the right on a tangential curve having a radius of 1432.39 feet and a delta angle of 41 degrees 57 minutes 14 seconds 1048.85 feet and there terminating; and except that part of said Tract A hereinbefore described, adjoining and Easterly of the first above described strip, which lies Westerly of the following described line: From a point on Line A described above, distant 1307.17 feet Northerly of its point of termination, run Easterly at right angles to said Line A for 90 feet to the point of beginning of the line to be described;thence run Northeasterly to a point distant 150 feet Easterly (measured at right angels) of a point on said Line A, distant 1557.17 feet Northerly of its point of termination; thence run Northerly parallel with said Line A for 300 feet; thence run Northwesterly to a point distant 70 feet Easterly (measured at right angles) of a point on said Line A, distant 2057.17 feet Northerly of its point of termination and there terminating, Register Land Survey No. 751. Legal Description after Final Plat: Lots 1-14,Block 1, Sunnybrook Place SUNNYBROOK PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO. 11-2001-PUD-6-2001 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: Summary: This ordinance allows rezoning of land located at Sunnybrook Road, from the Rural Zoning District to the RM-6.5 Zoning District. 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&Meen A. Porta, City Clerk Jean L. arris,Mayor PUBLISHED in the Eden Prairie News on k 0100/ (A full copy of the text of this Ordinance is available from City Clerk.) 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, MINNE- as follows: SOTA BROOK PLACE (A)This newspaper has complied with the requirements constituting qualification as a legal SUNNY SUMMARY ORDINANCE NO. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as 11-2Q01-PUD-6-2001 amended. AN ORDINANCE OF THE CITY OF (B)The printed public notice that is attached to this Affidavit and identified as No.d&—V EDEN PRAIRIE, MINNESOTA, was published on the date or dates and in the newspaper stated in the attached Notice and said REMOVING CERTAIN LAND Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of FROM ONE ZONING DISTRICT the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both AND PLACING IT IN ANOTHER, inclusive,and is hereby acknowledged as being th*By: ----- THE d in the composition AMENDING THE LEGAL DE- and publication of the Notice: SCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY abcdefghijklmno REFERENCE CITY CODE CHAP- TER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS CITY COUNCIL OF THE d,General Manager CITY OF EDEN PRAIRIE, MINNE- his designated agent SOTA,ORDAINS: Summary;,This ordinance allows re- Subscribed and sworn before me on zoning of land located at Sunnybrook Road,from the Rural Zoning District to the RM-6.5 Zoning District. Exhibit A, i r included with this Ordinance,gives the this 41-7 day of ,2001 full legal description of this property. \ — Effective Date:This Ordinance shall =''. G��rE'§ M.RADUEM take effect .upon publication. P P !!NI;ESOTA JeanL.Harris, \ ' F.,CCrm: Mayor ATTEST: rl/ — Kathleen A.Porta, City Clerk Notary Public (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,April 12,2001;No.3679) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch Maximum rate allowed by law for the above matter...............................$20.00 per column inch Rate actually charged for the above matter.................................................$9.75 per column inch