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HomeMy WebLinkAboutOrdinance - 11-2002-PUD-7-2002 - Marvin Heights - 05/07/2002 MARVIN HEIGHTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 11-2002-PUD-7-2002 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 on 3.11 acres and be placed in the R1-13.5 Zoning District, 11-2002- PUD-7-2002 (hereinafter "PUD-7-2002-R1-13.5"). Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, 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 4. The City Council hereby makes the following findings: A. PUD-7-2002-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-2002-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-7-2002-R1-13.5 are justified by the design of the development described therein. D. PUD-7-2002-R1-13.5 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. E. PUD-7-2002-R1-13.5 grants the following PUD waivers: 1. Front yard setback of 25 feet. Code requires a minimum front yard setback of 30 feet. 2. Wetland buffer setback of 4 feet. Code requires a minimum wetland buffer setback of 10 feet. 3. Wetland structure setback of 0 feet. Code requires a minimum structure setback of 15 feet. 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 Zoning District and shall be included hereafter in the Planned Unit Development PUD-7-2002-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 9th day of April 2002, 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 May 2002. ATTEST: oo L� Kath een Porta, City Clerk N c yra ayor PUBLISHED in the Eden Prairie News on EXIMIT A Marvin Heights Legal Description: Outlot B,Lake Heights Addition,Hennepin County,Minnesota. MARVIN HEIGHTS CITY OF EDEN PRAIRIE, HENNEPIN COUNTY,MJNNESOTA SUMMARY OF ORDINANCE NO. 11-2002-PUD-7-2002 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: Summary: This ordinance allows rezoning of land located West of Preserve Boulevard and South of Anderson Lakes Parkway from the RM-6.5 Zoning District to the Rl- 13.5 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: Kat Teen Porta, City Clerk cy a-L ens or PUBLISHED in the Eden Prairie News on L� w (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 MARVIN HEIGHTS SUMMARY OF ORDINANCE NO. 11-2002-PUD-7-2002 Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of AN ORDINANCE OF THE CITY the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated OF EDEN-PRAIRIE, MINNESOTA, as follows: REMOVING CERTAIN LAND FROM I ONE ZONING DISTRICT AND (A)This newspaper has complied with the requirements constituting qualification as a legal PLACING IT IN ANOTHER, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as AMENDING THE LEGAL amended. DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY (B)The printed public notice that is attached to this Affidavit and identified as No. REFERENCE CITY CODE CHAPTER was published on the date or dates and in the newspaper stated in the attached Notice and said 1 AND SECTION 11.99, WHICH, Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of AMONG OTHER THINGS,CONTAIN the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both 'PENALTY PROVISIONS incluside,and is hereby acknowledged as being the kind and size of type used in the composition THE CITY COUNCIL OF THE and publication of the Notice: CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: abcdefghijklmnopAy- Boulevard umma : This ordinance allows rezoning of land located West ofPreserve and South of Anderson Lakes m ParkwayfrotheRM-6.5ZoningDistrict olfsrud,Gen anager to the Rl-13.5 Zoning District.ExhibitA, or his designated agent includedwith this Ordinance,gives the full legal description of this property. Subscribed and sworn before me on Effective Date: This Ordinance shall take effect upon publication. Nancy Tyra-Lukens, Mayor ATTEST: this day of ,2002 Kathleen Ports,City Clerk ' GWEN M.RADUENZ (A full copy of the text of this Ordinance is available from City Clerk.) . NOTARY PUBLIC MINNESOTA (Published in the Eden Prairie News on MY Commission Expires Jan.31,20o5 Thursday,May 16,2002;No. 3933) / fill 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.................................................$10.23 per column inch