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Home My WebLink AboutOrdinance - 17-2002-PUD-12-2002 - Hennepin Village Watson Property - 08/06/2002 HENNEPIN VILLAGE FIRST AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 17-2002-PUD-12-2002 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 RM-6.5 Zoning District 17-2002-PUD-12-2002 (hereinafter "PUD-12-2002-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain First Amendment to Developer's Agreement dated as of August 6, 2002, entered into between Hennepin Village Limited Partnership, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-12-2002- RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-12-2002-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-12-2002-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-12-2002-RM-6.5 are justified by the design of the development described therein. D. PUD-12-2002-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 1.87 acres of land shall be, and hereby is removed from the Rural Zoning District, and placed in the RM-6.5 Zoning District, and also amended in the RM-6.5 District on 30.17 acres and shall be included hereafter in the Planned Unit Development PUD-12-2002-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 7th 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 6th day of August, 2002. ATTEST: Kathleen A. Porta, City Clerk N cy a-L ens r PUBLISHED in the Eden Prairie News one �dlI EXHIBIT A LEGAL DESCRIPTION HENNEPIN VILLAGE FIRST AMENDMENT That part of the South One Half of the South One Half of the Northwest Quarter of Section 28, Township 116,Range 22, lying westerly of the Center Line of Hennepin County Road 4,which lies westerly and easterly of the following described line: Beginning at a point in the Centerline of Hennepin County Road 4, from a line which drawn perpendicular to the centerline in the northwesterly direction would intersect the east line of the Southwest Quarter of the Northwest Quarter of said Section 28 at a point 150 feet north of the southeast corner of the Southwest Quarter of said Section 28: thence northwesterly from said point of beginning along said perpendicular line for a distance of 240.51 feet: thence southwesterly parallel to the center line of said Hennepin County Road 4 for a distance of 489.45 feet more or less to the south line of said Northwest quarter of said Section 28 and terminating. And That part of the South One Half of the South One Half of the Northwest Quarter of Section 28, Township 116, Range 22 described as follows: Commencing at the most northerly corner of the above described parcel: thence South 50 degrees 09 minutes 19 seconds West, assumed bearing along the northwesterly line of the above described parcel, a distance o 92.75 feet to the point of the beginning: thence continuing South 50 degrees 09 minutes 19 seconds West, a distance of 296.43 feet, thence North 39 degrees 50 minutes 41 seconds West, a distance of 119.33 feet: thence northwesterly along a non-tangential curve concave to northwest having a central angle of 09 degrees 53 minutes 17 seconds and a radius of 466.00 feet for an arc distance of 80.42 feet, the chord of said curve bears North 55 degrees 22 minutes 12 seconds East: thence North 50 degrees 25 minutes 33 seconds East: tangent to the last described curve, a distance of 98.92 feet: thence northwesterly along a tangential curve concave to the northwest,having a central angle of 33 degrees 30 minutes 31 seconds and a radius of 166.00 feet, for an arc distance of 97.08 feet: thence North 89 degrees 58 minutes 13 seconds East, not tangent to the last described curve, a distance of 34.24 feet: thence South 39 degrees 34 minutes 27 seconds East, a distance of 116.80 feet to the point of beginning .(to be known as Outlot G of Hennepin Village) HENNEPIN VILLAGE FIRST AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 17-2002-PUD-12-2002 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 on Spring 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: Kat en Porta, City Clerk ancy a- en or PUBLISHED in the Eden Prairie News on l� (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, Il MINNESOTA HENNEPIN VILLAGE FIRST Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of AMENDMENT the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated SUMMARY OF ORDINANCE NO. as follows: 17-2002-PUD-12-2002 AN ORDINANCE OF THE CITY (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 ZONINGDISTRICT AND PLACING IT IN ANOTHER (B)The printed public notice that is attached to this Affidavit and identified as No o' 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 lower case alphabet from A to Z,both REFERENCE CITY CODE CHAPTER inclusive,and is hereby acknowledged as being the kind and f type used in the composition 1 AND SECTION 11.99, WHICH, and publication of the Notice: AMONG OTHERTHINGS,CONTAIN PENALTY PROVISIONS abcdefghijklmnopgrstuv THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,' MINNESOTA, ORDAINS: By: Summary: This ordinance allows Stan olfsrud,General Manager rezoning of land located on Spring Road or his designated agent from the Rural Zoning District to the RM-6.5 Zoning District. Exhibit A, Subscribed and sworn before me on !included with this Ordinance, gives the full legal description of this property. Effective Date:This Ordinance shall take effect upon publication. this da of ,2002 Nancy Tyra-Lukens, Mayor y Attest: Kathleen Porta,City Clerk GMN M.RADUENZ (A full copy of the text of this i 0 NOTARYPU13UC MINNESOTA Ordinance is available from City Clerk.) My Commission&$Ares Jan.31,2005 (Published in the Eden Prairie News on to Thursday,August 15,2002;No.3981) 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