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Home My WebLink AboutOrdinance - 12-2002-PUD-8-2002 - The Heights at Valley View - 05/07/2002 HEIGHTS AT VALLEY VIEW CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 12-2002-PUD-8-2002 AN ORDINANCE OF THE CITY OF EDEN PRATRJF, 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 Rural Zoning District and be placed in the Planned Unit Development RM-2.5 Zoning District 12-2002-PUD-8-2002 (hereinafter "PUD-8-2002-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 7, 2002, entered into between Eden Prairie Leased Housing Associates I, LLP, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-8-2002- RM-2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-8-2002-RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-2002-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-8-2002-RM-2.5 are justified by the design of the development described therein. D. PUD-8-2002-RM-2.5 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-2.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-8-2002-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 16th 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 the7th day of May,2002. ATTEST: Kathleen Porta, City Clerk N cy a-L ens, or PUBLISHED in the Eden Prairie News on 'Maw oW,;z, EXHIBIT A ORDINANCE-HEIGHTS AT VALLEY V FEW Legal Description Before Final Plat Outlot E, Wilson Ridge Together with that part of the North 5 11.10 feet of the Northeast 1/a of the Southeast 1/a of Section 12, Township 116, Range 22, lying Westerly of County Road 39, and which lies easterly of the following described line: Commencing at the Northeast corner of said Northeast 1/a of the Southwest 1/4: thence Easterly along the north line thereof, a distance of 320.68 feet to the point of the beginning: Thence South 7 degrees 59 minutes 22 seconds West, a distance of 513.22 feet to the south line of the North 5 11.10 feet and said line there terminating: and which lies northerly of the following described line: Commencing at the point of termination of the last described line: thence North 7 degree 59 minutes 22 seconds East, a distance of 175 feet to the point of beginning: thence South 80 degrees 03 minutes 46 seconds East a distance of 288.97 feet to the centerline of County Road 39 and said line there terminating. Legal Description After Final Plat HEIGHTS AT VALLEY VIEW CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 12-2002-PUD-8-2002 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 11.999 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 Valley View Road and Flying Cloud Drive from the Rural Zoning District to the RM-2.5 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: Kathleen Porta, City Clerk cy uk ayor PUBLISHED in the Eden Prairie News on �D (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) CITY OF EDEN PRAIRIE )SS. HENNEPIN COUNTY, MINNESOTA HEIGHTS AT VALLEY VIEW County of Hennepin ) SUMMARY OF ORDINANCE NO. 12-2002-PUD-8-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of REMOVING CERTAIN LAND FROM` the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated ONE ZONING DISTRICT AND as follows: PLACING IT IN ANOTHER, AMENDING THE LEGAL (A) This newspaper has complied with the requirements constituting qualification as a legal DESCRIPTIONS OF LAND IN EACH j newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as DISTRICT, AND ADOPTING BY amended. REFERENCE CITY CODE CHAPTER I' AND SECTION 11.99, WHICH,j (B)The printed public notice that is attached to this Affidavit and identified as No. d23 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 Lowe se alphabet from A to Z,both CITY OF EDEN PRAIRIE, inclusive,and is hereby acknowledged as being the kind and iz of type used in the co position MINNESOTA, ORDAINS: and publication of the Notice: Summary: This ordinance allows rezoning of land located at Valley.View abcdefghijklmnopgrstu w z Road and Flying Cloud Drive from the Rural Zoning Dist dct to the RM-2.5 Zoning District. Exhibit A, included with this! By Orinance,,gives the full legal description R scud,G Manager property. Effective Date: This Ordinance shall or his designated agent take effect upon publication. Nancy Tyra-Lukens, Mayor Subscribed and sworn before me on ATTEST: Kathleen Porta,City Clerk (A full copy of the text of this Ordinance is available from City Clerk.) this day of ,2002 (Published in the Eden Prairie News on ,,�.: GWEN M.RADUENZ Thursday,May 16,2002;No.3932) ,.x NOTARY PUBLIC MINNESOTA =i yr My Commission ExplresJan.31,2005 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