HomeMy WebLinkAboutOrdinance - 26-2001-PUD-16-2001 - The Heritage - 06/05/2001 THE HERITAGE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 26-2001-PUD-16-2001
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,, M %NESOTA, 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 R1-13.5 and RM-6.5
Zoning District 26-2001-PUD-16-2001 (hereinafter"PUD-16-2001-R1-13.5 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 July 10, 2001, entered into between Carlston, Inc., Ryland
Homes, and Manley Brothers Construction and the City of Eden Prairie, (hereinafter
"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of
PUD-16-2001-R1-13.5 and RM-6.5, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-16-2001-R1-13.5 and RM-6.5 is not in conflict with the goals of the
Comprehensive Guide Plan of the City.
B. PUD-16-2001-R1-13.5 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-16-2001-R1-13.5 and RM-6.5 are justified by the
design of the development described therein.
D. PUD-16-2001-R1-13.5 and 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 R1-13.5 and RM-6.5 Zoning Districts
and shall be included hereafter in the Planned Unit Development PUD-16-2001- RI-13.5 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.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
5th day of June, 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 7th day of August,
2001.
ATTEST:
Kat een A. Porta, City Clerk J L. Harris,Mayor
PUBLISHED in the Eden Prairie News on
Exhibit A
The Heritage
Legal Description:
Carlston, Inc. Single Family Homes (R1-13.5)
That part of the West Half of the Southwest Quarter of Section 20, Township 116 North, Range
22 West, of the 5th Principal Meridian, described as follows: Commencing at the Southwest
corner of said West Half; thence on an assumed bearing of North 0 degrees 57 minutes 40
seconds East along the West line of said West Half, a distance of 695.81 feet; thence
Northeasterly along a curve concave to the Northwest, said curve having a radius of 3997.38 feet
and central angle of 0 degrees 45 minutes 22 seconds and chord bearing of North 56 degrees 21
minutes 16 seconds East, an are distance of 52.75 feet; thence North 55 degrees 58 minutes 35
seconds East a distance of 1020.95 feet to the actual point of beginning of the parcel of land to be
herein described; thence South 55 degrees 58 minutes 35 seconds West a distance of 57.57 feet;
thence South 34 degrees 1 minute 25 seconds East a distance of 273 feet; thence South 55
degrees 58 minutes 35 seconds West a distance of 81.5 feet; thence South 7 degrees 04 minutes
17 seconds East a distance of 157.36 feet; thence South 89 degrees 37 minutes 30 seconds East a
distance of 373.01 feet more or less to the point of intersection with the East line of the West
Half of the Southwest Quarter of said Section 20, thence Northerly along said East line to the
point of intersection with a circular curve which is concave to the Southeast running
Northeasterly from the actual point of beginning, said curve having a radius of 2006.53 feet and
having a radial line bearing of South 34 degrees 1 minute 25 seconds East at the point of
beginning; thence Southwesterly along said curved line to the point of beginning, Hennepin
County,Minnesota,
AND;
That part of the West Half of the Southwest Quarter of Section 20, Township 116 North, Range
22 West, of the 5th Principal Meridian, described as follows: Commencing at the Southwest
corner of said West 1/2 thence on an assumed bearing of North 0 degrees 57 minutes 40 seconds
East along the West line of said West Half, a distance of 695.81 feet; thence Northeasterly, along
a curve concave to the Northwest, said curve having a radius of 3997.38 and central angle of 0
degrees 45 minutes 22 seconds and chord bearing of North 56 degrees 21 minutes 16 seconds
East, an are distance of 52.75 feet; thence North 55 degrees 58 minutes 35 seconds East a
distance of 781.88 feet; thence South 34 degrees 01 minutes 25 seconds East a distance of 273
feet; thence North 55 degrees 58 minutes 35 seconds East a distance of 100 feet; thence South 7
degrees 04 minutes 17 seconds East a distance of 459.28 feet to the actual point of beginning of
the parcel of land to be herein described; thence North 7 degrees 04 minutes 17 seconds West a
distance of 301.92 feet; thence South 89 degrees 37 minutes 30 seconds East a distance of 373.01
feet more or less to the point of intersection with the East line of the West Half of the Southwest
Quarter of section 20; thence Southerly along said East line to the Southeast corner of said West
Half thence Westerly along the South line of said West Half a distance of 333.89 feet; thence
Northerly 538.85 feet more of less to the actual point of beginning, according to the U.S.
Government Survey thereof,Hennepin County,Minnesota,
AND;
That part of the East 350 feet (as measured at right angles to the East line) of the Northwest
Quarter of the Northwest Quarter of Section 29, Township 116, Range 22, Hennepin County,
Minnesota, lying North of the South 340.00 feet thereof.
Manley Brothers Townhomes (RM-6.5)
That part of the Southwest Quarter of the Southwest Quarter of Section 20, Township 116,
Range 22, lying easterly of the following described"Line 1
Line 1:
Commencing at the intersection of the southerly extension of the easterly line of Outlot B,
OAKPARKE ESTATES, according to the recorded plat thereof, Hennepin. County, Minnesota
and the south line of said Southwest Quarter of the Southwest Quarter; thence North 89 degrees
09 minutes 17 seconds East, assumed bearing along the south line of said Southwest Quarter of
the Southwest Quarter, a distance of 461.02 feet to the point of beginning of said "Line 1";
thence North 05 degrees 04 minutes 01 seconds East, a distance of 66.05 feet; thence North 06
degrees 44 minutes 26 seconds East, a distance of 237.20 feet; thence northerly, along a
tangential curve, concave to the west, having a central angle of 41 degrees 44 minutes 32
seconds and a radius of 409.77 feet, for an arc distance of 298.53 feet; thence North 35 degrees
00 minutes 06 seconds West, tangent to said curve, a distance of 340.22 feet to said centerline
of HENNEPIN COUNTY STATE AID HIGHWAY NO. 1, PLAT NO. 6, according to the
recorded plat thereof, said Hennepin County and said"Line 1" there terminating.
And westerly and southerly of the following described line:
Beginning at point of beginning of said"Line 1"; thence North 89 degrees 09 minutes 17 seconds
East, along the south line of said Southwest Quarter of the Southwest Quarter, a distance of
509.08 feet to the west line of the East 333.89 feet of said Southwest Quarter of the Southwest
Quarter; thence North 00 degrees 30 minutes 27 seconds West, along said west line of the East
333.89 feet, a distance of 538.85 feet; thence South 89 degrees 01 minutes 02 seconds West, a
distance of 358.18 feet, said point hereinafter lmown as "Point A"; thence South 66 degrees 38
minutes 16 seconds West, a distance of 143.85 feet to said "Line 1" and said line there
terminating.
TOGETHER WITH:
That part of the North 506.00 feet of the Northwest Quarter of the Northwest Quarter of Section
29, Township 116, Range 22,Hennepin County,Minnesota, lying east of the West 400.00 feet
and west of the East 350.00 feet thereof.
TOGETHER WITH:
Outlot G, OAKPARKE ESTATES, according to the recorded plat thereof, Hennepin County,
Minnesota.
Ryland Townhomes (RM-6.5)
That part of the Southwest Quarter of the Southwest Quarter of Section 20, Township 116,
Range 22, Hennepin County, Minnesota, lying southeasterly of the centerline of HENNEPIN
COUNTY STATE AID HIGHWAY NO. 1, PLAT NO. 6 and lying easterly of the east line of
Outlot B and its southerly extension, OAKPARKE ESTATES, both according to the recorded
plats thereof, said Hennepin County and westerly and southwesterly of the following described
line,heretofore known as "Line 1":
Commencing at the intersection of said southerly extension of the easterly line of Outlot B and
the south line of said Southwest Quarter of the Southwest Quarter; thence North 89 degrees 09
minutes 17 seconds East, assumed bearing along the south line of said Southwest Quarter of the
Southwest Quarter, a distance of 461.02 feet to the point of beginning of said "Line 1"; thence
North 05 degrees 04 minutes 01 seconds East, a distance of 66.05 feet; thence North 06 degrees
44 minutes 26 seconds East, a distance of 237.20 feet; thence northerly, along a tangential curve,
concave to the west, having a central angle of 41 degrees 44 minutes 32 seconds and a radius of
409.77 feet, for an arc distance of 298.53 feet; thence North 35 degrees 00 minutes 06 seconds
West, tangent to said curve, a distance of 340.22 feet to said centerline of HENNEPIN COUNTY
STATE AID HIGHWAY NO. 1,PLAT NO. 6 and said"Line 1" there terminating.
TOGETHER WITH:
Outlot B, OAKPARKE ESTATES, according to the recorded plat thereof,Hennepin County,
Minnesota.
TOGETHER WITH:
That part of the Southwest Quarter of the Southwest Quarter of Section 20, Township 116,
Range 22, lying northeasterly of the aforesaid "Line 1", lying southeasterly of the centerline of
HENNEPIN COUNTY STATE AID HIGHWAY NO. 1,PLAT NO. 6, according to the
recorded plat thereof, said Hennepin County, lying northwesterly of a line bearing South 66
degrees 38 minutes 16 seconds West from the following described "Point A':
Said"Point A" described as follows:
Beginning at point of beginning of said"Line I"; thence North 89 degrees 09 minutes 17
seconds East, along the south line of said Southwest Quarter of the Southwest Quarter, a
distance of 509.08 feet to the west line of the East 333.89 feet of said Southwest Quarter of
the Southwest Quarter; thence North 00 degrees 30 minutes 27 seconds West, along said west
line of the East 333.89 feet, a distance of 538.85 feet; thence South 89 degrees 01 minutes 02
seconds West, a distance of 358.18 feet, said point hereinafter known as "Point A";thence
South 66 degrees 38 minutes 16 seconds West, a distance of 143.85 feet to said"Line 1" and
said line there terminating.
AND lying southwesterly of the following described line:
Beginning at the aforesaid "Point A"; thence North 21 degrees 50 minutes 23 seconds
West, a distance of 494.89 feet to said centerline of HENNEPIN COUNTY STATE AID
HIGHWAY NO. 1,PLAT NO. 6 and said line there terminating.
THE HERITAGE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 26-2001-PUD-16-2001
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,IVIINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located at Dell Road and Pioneer
Trail from the Rural Zoning District to the R1-13.5 and RM-6.5 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:
2i�o�d
K thleen A. Porta, City Clerk Ya-n L. Harris,Mayor
PUBLISHED in the Eden Prairie News onaw'jy'p
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
CITY OF EDEN PRAIRIE County of Hennepin )
HENNEPIN COUNTY,
MINNESOTA
THE HERITAGE
SUMMARY OF ORDINANCE NO. Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
26-2001-PUD-16-2001 the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
AN ORDINANCE OF THE CITY as follows:
OF EDEN PRAIRIE, MINNESOTA,
REMOVING CERTAIN LAND FROM (A)This newspaper has complied with the requirements constituting qualification as a legal
ONE ZONING DISTRICT AND newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
PLACING IT IN ANOTHER, amended.
AMENDING THE LEGAL (B)The printed public notice that is attached to this Affidavit and identified as No.v�
DESCRIPTIONS OF LAND IN EACH was published on the date or dates and in the newspaper stated in the attached Notice and said
REFERENCE CITY CODE CHAPTERR DISTRICT, AND ADOPTINGIN E Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the co of
the newspaper specified.Printed below is a copy of the lower case alphabet from o Z,b h
1 AND SECTION .99, WHICH, inclusive,and is hereby acknowledged as being the kind size of type used in the mpositio
AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS and publication of the Notice:
THE CITY COUNCIL OF THE abcdefghijklmnopgrs
CITY OF EDEN PRAIRIE,
MINNESOTA, ORDAINS:
Summary: This ordinance allows
rezoning of land located at Dell Road and By
Pioneer Trail from the Rural Zoning tan Ro d,General Manager
District to the R1-13.5 and RM-6.5 or his designated agent
Zoning Districts. Exhibit A, included
with this Ordinance;gives the full legal Subscribed and sworn before me on
description of this property.
Effective Date:This Ordinance shall
take effect upon publication.
Jean L.Harris,Mayor thisda of �� ,20017F-!'
ATTEST: Kathleen y ADUE(Porta, �City Clerk(A full copy of the text of thisOrdinance is available from City Clerk.) -
(Published in the Eden Prairie News on
Thursday,August 16,2001;No.3763) Notary Public
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