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HomeMy WebLinkAboutOrdinance - 25-2002-PUD-17-2002 - Riverview - 10/01/2002 RIVER VIEW CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.25-2002-PUD-17-2002 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 25-2002-PUD-17-2002 (hereinafter "PUD-17-2002-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 1, 2002, entered into between Wooddale Builders, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-17-2002-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-17-2002-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-17-2002-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-17-2002-R1-13.5 are justified by the design of the development described therein. D. PUD-17-2002-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-17-2002-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 3rd day of September, 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 1st day of October, 2002. ATTEST: 4k&,X-) Kathilebn Porta, City Clerk N cy a- ens, or PUBLISHED in the Eden Prairie News on &"dry /0 wo'), EXHIBIT A RIVER VIEW Legal Description PUD District Review That part of Government Lot 2, Section 36, Township 116, Range 22, Hennepin County, Minnesota,lying easterly of the following described line and its extensions: Commencing at the northwest corner of Government Lot 1, said Section36; thence on an assumed bearing of South 88 degrees 52 minutes 24 seconds East along the north lines of said Government Lot 1 and 2 a distance of 1750.00 feet to the point of beginning of the line to be described; thence South 00 degrees 10 minutes West, 1500 feet more or less, to the northerly shoreline of the Minnesota River and said line there terminating. Being registered land as evidenced by Certificate of Title No. 759113. Zoning District Change That part of Government Lot 2, Section 36, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of Government Lot 1, said Section 36; thence South 88 degrees 53 minutes 00 seconds East, assumed bearing along the north line of said Government Lot 1 and 2 a distance of 1,750.00 feet to the actual point of beginning; thence South 00 degrees 09 minutes 24 seconds West, a distance of 904.44 feet; thence South 81 degrees 12 minutes 58 seconds East, a distance of 884.42 feet to the east line of said Government Lot 2; thence North 00 degrees 11 minutes 04 seconds West, along said east line of Government Lot 2, a distance of 596.60 feet; thence northwesterly along a non-tangential curve concave to northeast having a central angle of 18 degrees 18 minutes 41 seconds, and a radius of 298.09 feet for an arc distance of 95.27 feet, the chord of said curve bears North 33 degrees 50 minutes 33 seconds West; thence North 24 degrees 41 minutes 12 seconds West, tangent to said curve, a distance of 202.76 feet; thence northwesterly along a tangential curve concave to the southwest, having a central angle of 38 degrees 03 minutes 01 seconds and a radius of 358.09 fee, for an arc distance of 237.81 feet to said north line of Government Lot 2; thence North 88 degrees 53 minutes 00 seconds West, along said north line of Government Lot 2, a distance of 570.92 feet to the point of beginning. RIVER VIEW CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 25-2002-PUD-17-2002 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 at South of Riverview Road at Parker Drive 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: V Kath een Porta, City Clerk N c yra- en or PUBLISHED in the Eden Prairie News on o�GbZ (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 I Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of HENNEPIN COUNTY, MINNESOTA the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated SUMMARY OF ORDINANCE NO. as follows: 25-2002-PUD-17-2002 RIVER VIEW (A) This newspaper has complied with the requirements constituting qualification as a legal AN ORDINANCE OF THE CITY newspaper,as provided b Minnesota Statute 331A.02,331A.07,and other applicable laws,as OF EDEN PRAIRIE, MINNESOTA, amended. p y REMOVING CERTAIN LAND FROM !ONE ZONING DISTRICT AND i (B)The printed public notice that is attached to this Affidavit and identified as No0 10 PLACING IT IN ANOTHER, was published on the date or dates and in the newspaper stated in the attached Notice and said AMENDING THE LEGAL Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of DESCRIPTIONS OF LAND IN EACH the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both DISTRICT, AND ADOPTING,BY inclusive,and is hereby acknowledged as being the kind si of type used in the composition ` REFERENCE CITY CODE CHAPTER and publication of the Notice: 3 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS,CONTAIN abcdefghijklmnopgrs v PENALTY PROVISIONS THE CITY COUNCIL OF THEA A CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows St olfsrud,General Manager rezoning of land located at South of or his designated agent Riverview Road at Parker Drive from the jRural Zoning District to the R1-13.5 Subscribed and sworn before me on Zoning District.ExhibitA,includedwith this .Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall i this 7-�:day of ,2002 take effect upon publication. Nancy Tyra-Lukens, Mayor s" GWEN M.RADUENZ ' �. Attest: Kathleen Porta,City Clerk I .;a�-;-r NOTARYPl1BLIC MINNESOTA (A full copy ofxhe text ofthisOrdinance ! sjMyCammission Expires Jan.31,2005 is available from City Clerk.) (Published in the Eden Prairie News on i Notary Public Thursday,October 10,2002;No.3010) ; 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