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HomeMy WebLinkAboutOrdinance - 16-2002-PUD-11-2002 - Stonegate - 06/18/2002 STONEGATE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 16-2002 PUD-11-2002 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 Rural Zoning District and be placed in the Planned Unit Development R1-13.5 Zoning District 16-2002-PUD-11-2002 (hereinafter"PUD-11-2002-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 18, 2002, entered into between Carlston Inc., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-11-2002-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-11-2002-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-2002-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-11-2002-R1-13.5 are justified by the design of the development described therein. D. PUD-11-2002-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. 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-11-2002-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 21st day of May, 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 18th day of June, 2002. ATTEST: Z 0EX4 Kathle n Porta, City Clerk N&a-LKens,NWr PUBLISHED in the Eden Prairie News on EXHIBIT A PUD Legal Description — Stonegate The North 300.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30, Township 116, Range 22, Hennepin County, Minnesota, lying easterly of the West 284.00 feet thereof,EXCEPT road. The West 284.00 feet of the North 300.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30, Township 116, Range 22, Hennepin County, Minnesota, ALSO that part of the West 535.00 feet of said Northwest Quarter of the Northeast Quarter lying south of the North 300.00 thereof and lying north of a line run from a point on the east line of said West 535.00 a distance of 900.00 feet south from the north line of said Section 30 to a point on the west line of said West 535.00 a distance of 1075.00 feet south from the northwest corner of said Northwest Quarter of the Northeast Quarter, EXCEPT road. That part of the South 300.00 feet of the North 600.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30, Township 116, Range 22 lying east of the West 535.00 feet thereof, EXCEPT road. That part of the Northwest Quarter of the Northeast Quarter of Section 30, Township 116,Range 22,Hennepin County,Minnesota, lying south of a line described as follows: Beginning at a point on the west line of said Northwest Quarter of the Northeast Quarter a distance of 1075.00 feet south from the northwest corner thereof; thence northeasterly to a point on the south line of the North 900.00 feet of said Northwest Quarter of the Northeast Quarter a distance of 535.00 feet east from the west line thereof; thence east along the south line of said North 900.00 feet to the east line thereof and there ending, EXCEPT road. That part of Government Lot 1, Section 30, Township 116, Range 22, Hennepin County, Minnesota and that part of Tract A, REGISTERED LAND SURVEY NO. 1410, files of the Registrar of Titles, said Hennepin County,Minnesota, described as follows: Beginning at the intersection of the east line of said Government Lot 1 and the north line of Tract B, said REGISTERED LAND SURVEY NO. 1410; thence west along said north line a distance of 271.50 feet;thence north at a right angle a distance of 220.00 feet; thence west at a right angle 90.00 feet; thence north at a right angle and parallel with and 15.00 feet west of the east line of said Tract A to the south line of County Highway No. 1; thence northeasterly along southerly right of way of highway to the east line of Government Lot No. 1; thence south to the point of beginning. E��IT A, continued R1-13.5 Zoning Legal Description — Stonegate That part of the Northwest Quarter of the Northeast Quarter and that part of Government Lot 1, all in Section 30, Township 116,Range 22,Hennepin County,Minnesota, described as follows: Commencing at northwest comer of said Northwest Quarter of the Northeast Quarter; thence South 00 degrees 46 minutes 26 seconds East, assumed bearing along the west line of said Northwest Quarter of the Northeast Quarter, a distance of 131.09 feet to the actual point of beginning; thence North 66 degrees 46 minutes 44 seconds East, a distance of 9.68 feet; thence North 67 degrees 02 minutes 58 seconds East, a distance of 50.00 feet; thence easterly along a non-tangential curve concave to south having a central angle of 06 degrees 43 minutes 04 seconds, and a radius of 2,055.24 feet for an arc distance of 240.97 feet to east line of the West 284 feet of said Northwest Quarter of the Northeast Quarter, the chord of said curve bears North 71 degrees 00 minutes 23 seconds East;thence South 00 degrees 46 minutes 26 seconds East,not tangent to said curve, along said east line of the West 284 feet of the Northwest Quarter of the Northeast Quarter, a distance of 266.33 feet to north line of the South 300 feet of the North 600 feet of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 08 minutes 11 seconds East, along said north line of the South 300 feet of the North 600 feet of the Northwest Quarter of the Northeast Quarter, a distance of 1,039.24 feet to the east line of said Northwest Quarter of the Northeast Quarter; thence South 00 degrees 34 minutes 07 seconds East, along said east line of the Northwest Quarter of the Northeast Quarter, a distance of 300.00 feet to the south line of the North 600 feet of said Northwest Quarter of the Northeast Quarter; thence South 89 degrees 08 minutes 11 seconds West, along said south line of the North 600 feet of the Northwest Quarter of the Northeast Quarter, a distance of 787.17 feet to the east line of the West 535 feet of said Northwest Quarter of the Northeast Quarter; thence South 00 degrees 46 minutes 26 seconds East, along said east line of the West 535 feet of the Northwest Quarter of the Northeast Quarter, a distance of 300.00 feet to south line of the North 900 feet of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 08 minutes 11 seconds East, along said south line of the North 900 feet of the Northwest Quarter of the Northeast Quarter a distance of 786.10 feet to the east line of said Northwest Quarter of the Northeast Quarter; thence South 00 degrees 34 minutes 07 seconds East, along said east line of the Northwest Quarter of the Northeast Quarter, a distance of 326.80 feet to southeast corner of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 09 minutes 16 seconds West, along the south line of said Northwest Quarter of the Northeast Quarter, a distance of 1,320.45 feet to the southwest corner of said Northwest Quarter of the Northeast Quarter; thence North 00 degrees 46 minutes 26 seconds West, along said west line of the Northwest Quarter of the Northeast Quarter, a distance of 343.41 feet; thence South 89 degrees 13 minutes 34 seconds West, a distance of 271.50 feet; thence North 00 degrees 46 minutes 26 seconds West, a distance of 220.00 feet; thence North 81 degrees 47 minutes 24 seconds East, a distance of 99.29 feet; thence North 12 degrees 15 minutes 52 seconds East, a distance of 285.82 feet; thence North 05 degrees 05 minutes 59 seconds East, a distance of 69.19 feet; thence North 23 degrees 13 minutes 16 seconds West, a distance of 83.98 feet; thence North 66 degrees 46 minutes 44 seconds East, a distance of 144.49 feet to the point of beginning. STONEGATE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 16-2002-PUD-11-2002 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 south of Pioneer Trail, west of Stable Path from the Rural Zoning District to the R1-13.5 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: Kathleen Porta, City Clerk an-Wa-Aensokor PUBLISHED in the Eden Prairie News on C-7dao2 (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 ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of STONEGATE the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated SUMMARY OF ORDINANCE NO. as follows: 16-2002-PUD-11-2002 AN ORDINANCE OF THE CITY i (A)This newspaper has complied with the requirements constituting qualification as a legal OF EDEN PRAIRIE, MINNESOTA, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as REMOVING CERTAIN LAND FROM amended. ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, (13)The printed public notice that is attached to this Affidavit and identified as No.� . AMENDING THE LEGAL was published on the date or dates and in the newspaper stated in the attached Notice and said DESCRIPTIONS OF LAND IN EACH Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of DISTRICT, AND ADOPTING BY the newspaper specified.Printed below is a copy of the to ase alphabet from A to Z,both REFERENCE CITY CODE CHAPTER inclusive,and is hereby acknowledged as being the kind siz of type used in the composition 1 AND SECTION 11.99, WHICH, and publication of the Notice: AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS abcdefghijklmnop4Rolfsrud, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located south of Pioneer' General Manager Trail,west of Stable Path from the Rural or his designated agent Zoning District to the R1-13.5 Zoning Subscribed and sworn before me on District. Exhibit A, included with this Ordinance,gives the full legal description of this property. Effective Date:This Ordinance shall this day of take effect upon publication, ,2002 Nancy Tyra-Lukens,Mayor Attest: GWEN M.RADUENZ Kathleen Porta,City Clerk NOTARY PUBLIC MINNESOTA (A full copy of the text of this Ordinance is available from City Clerk.) My Commission Expires Jan.3t,2Q05 (Published in the Eden Prairie News on Thursday,June 27,2002;No.3954) 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 I