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Home My WebLink AboutOrdinance - 8-2003-PUD-4-2003 - Hennepin Village Site C & D - 05/20/2003 HENNEPIN VILLAGE SITES C &D CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 8-2003-PUD-4-2003 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 R1-9.5 Zoning District and from the Rural Zoning District and be placed in the Planned Unit Development RM-6.5 Zoning District 8-2003-PUD-4-2003 (hereinafter "PUD-4-2003-R1-9.5 and 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 20, 2003, entered into between Pemtom Land Company, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-4-2003-R1-9.5 and RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-4-2003-R1-9.5 and RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-4-2003-R1-9.5 and RM-6.5 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-4-2003-R1-9.5 and RM-6.5 are justified by the design of the development described therein. D. PUD-4-2003-R1-9.5 and 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 the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-9.5 and RM-6.5 Zoning Districts and shall be included hereafter in the Planned Unit Development PUD-4-2003-R1-9.5 and 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 18th day of March, 2003, 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 20th day of May, 2003. ATTEST: Kath een Porta, City Clerk N cy a-L s, PUBLISHED in the Eden Prairie Sun Current on i .3 E IBIT A PUD Legal Description — Hennepin Village Sites C & D PARCEL 3 (Site C): That part of Tract D,Registered Land Survey No. 1667,Files of the Registrar of Titles, Hennepin County Minnesota, lying southeasterly of the centerline of Hennepin County Road No. 4, except that part of said Tract D which lies northerly of a line described as beginning at a point on the east line of said Tract D distant 993.17 feet south of the northeast corner thereof; thence Northwesterly at an angle of 72 degrees 05 minutes 32 seconds as measured from north to west a distance of 2181.78 feet;thence northwesterly along a tangential curve concave to the northeast,having a radius of 620.00 feet, a distance of 472.68 feet more or less to the north line of said Tract D distant 777.71 feet west of the center quarter corner of Section 28, Township 116,Range 22, and said line there terminating. (Now known as Tracts A and B of Registered Land Survey No. 1730.) PARCEL 4 (Site D): Tract A,RLS No. 1629,Files of the Registrar of Title,Hennepin County,Minnesota. Together with an easement for road and utility purposes over a strip of land 60 feet in width,being 30 feet on each side of the following described center line,to-wit: Beginning at a point in the North line of the above described tract, distant 74 feet East of the northwest corner thereof; thence North 2 degrees 49 minutes East, 98.5 feet; thence North 00 degrees 6 minutes West, 146.85 feet; thence North 3 degrees 10 minutes West, 179.9 feet; thence North 6 degrees 16 minutes West, 89.5 feet; thence North 1 degree 31 minutes 30 seconds East to the southerly line of County Road 4 and there terminating. PARCEL 6: 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 No. 4,which lies northerly and westerly of the following described line; Beginning at a point in the centerline of County Road No. 4, from which a line drawn perpendicular to said centerline in a 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 said Southwest Quarter of the Northwest 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 No. 4 for a distance of 489.45 feet more or less to the south line of said Northwest quarter of said Section 28 and there terminating. Excepting that portion lying northerly of the following describe line; Commencing at the northwest corner of said South One Half of the South One Half of the Northwest Quarter of Said Section 29;thence easterly along the north line thereof, a distance of 299.16 feet to the point of beginning of the line to be described; thence easterly, deflecting to the right 03 degrees 25 minutes 15 seconds, a distance of 1443.72 feet to the centerline of said Hennepin County Road No. 4 and said line there terminating. (Now known as the plat of HENNEPIN VILLAGE) PARCEL 7: That part of the South 1/2 of the South 1/2 of the Northwest Quarter of Section 28, Township 116,Range 22 lying Easterly of the center line of Hennepin County Road No. 4 and Westerly of the following described line; Commencing at the Southeast corner of the Northwest Quarter of said Section 28; thence Westerly along the South line of said Northwest Quarter a distance of 890.50 feet to the point of beginning of the line to be described;thence deflecting to the right 80 degrees 30 minutes a distance of 419.8 feet more or less to the centerline of County Road No. 4 and there terminating, except that part lying Westerly of the following described line: Commencing at the Southeast corner of the Northwest Quarter of said Section 28; thence Westerly along the South line of said Northwest Quarter a distance of 1023.50 feet to the point of beginning of the line to be described; thence deflecting to the right 80 degrees 30 minutes a distance of 313.63 feet more or less to the centerline of County Road No. 4 and there terminating,Hennepin County,Minnesota. PARCEL 8: That part of the South 1/2 of the South 1/2 of the Northwest Quarter of Section 28, Township 116,Range 22 lying Easterly of the center line of Hennepin County Road No. 4 and Westerly of the following described line; Commencing at the Southeast corner of the Northwest Quarter of said Section 28; thence Westerly along the South line of said Northwest Quarter a distance of 1023.50 feet to the point of beginning of the line to be described; thence deflecting to the right 80 degrees 30 minutes a distance of 313.63 feet, more or less,to the centerline of County Road No. 4 and there terminating, Hennepin County,Minnesota. PARCEL 9: That part of the South Half of the South Half of the Northwest Quarter of Section 28, Township 116,'Range 22,Hennepin County,Minnesota, described as follows: Beginning at the Southeast corner of said Northwest Quarter; thence West along the South line thereof a distance of 890.50 feet; thence Northwesterly deflecting right 80 degrees 30 minutes to the centerline of County Road No. 4;thence Northerly along said centerline to the North line of said South Half of the South Half of the Northwest Quarter; thence East along the North line thereof to the Northeast corner thereof; thence South along the East line of said Northwest Quarter to the point of beginning,which lies westerly of the following described line: commencing at the Southeast corner of said Northwest Quarter; thence West along the South line thereof for a distance of 809.39 feet; thence Northwesterly deflecting to the right 80 degrees 30 minutes for a distance of 673.60 feet to the North line of said South Half of the South Half of the Northwest Quarter and being the point of beginning of the line to be described; thence Southeasterly deflecting right 180 degrees a distance of 484.49 feet; thence Southeasterly along a tangential curve concave to the Northeast having a radius of 620 feet, a distance of 197.66 feet to the South line of said Northwest Quarter and there terminating. PARCEL 10: That part of the Southeast Quarter of Section 28, Township 116, Range 22, Hennepin County, Minnesota lying easterly and southerly of Tract D, Registered Land Survey No. 1667, files of the Hennepin County Registrar of Titles and lying northerly of Flying Cloud Drive, EXCEPT that part of said Southeast Quarter which lies northerly of a line described as beginning at the Southeast comer of the Northeast Quarter of the Southeast Quarter; thence North 72 degrees 17 minutes 46 seconds West, assuming the east line of said Southeast Quarter bears North 00 degrees 17 minutes 55 seconds West, a distance of 1045.32 feet to the east line of said Tract D and said line there terminating. HENNEPIN VILLAGE SITE C &D CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 8-2003-PUD-4-2003 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 north of Highway 212, east of Spring Road from the Rural Zoning District to the R1-9.5 and RM-6.5 Zoning Districts. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: L KathleedPorta, City Clerk N c a- en or PUBLISHED in the Eden Prairie Sun Current on ,Inv er- - (A full copy of the text of this Ordinance is available from City Clerk.) City of Mm Prairie (Odsew Pu%fic tim f ra CrrY OF IMM PRAB IE nEMUPW ooURM MURMSOTA iVU.Z-*"SMC&D BiT� ■A"OF O DU ANCE AN ORDWANCE OF nM CrrY or)�I newspapers PRAU= A,RAG C>�AW LAND FJ3 w Om=?mG DurmcT AND AFFIDAVIT OF PUBLICATION PLAC1NGrrlN ,A WGTM Lam. cw L&N wzm.1 DWM=AMADOrT1NGH?fflMMMCE CrrY CODE CHAP=l AND SECTION 11.99, STATE OF MINNESOTA) WHICH,AMONG OTHM TEMGS,CONTAM PENALTY PROVISIONS Ss. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE MINNESOTA,ORDAINS: COUNTY OF HENNEPIN) Summary:This ordinance allows rezoning ofland locatei j Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief north of Highway 212,east of Spring Road from the Rura Zoning District to the R1.9.5 and RM-6.5 Zoning Districts Financial Officer of the newspaper known as Sun-Current Exhibit A,included with this Ordinance,gives the ful and has full legal description of this property. Effective Date:This Ordinance shall take effect upon pub knowledge of the facts stated below: lication. (A)The newspaper has complied with all of the requirements constituting qualification as a Nancy Tyra-Lukens,Mayor qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable Attest: Kathleen Porta,City Clerk Notice of this public hearing published in the SUN CUR• laws,as amended. RENT on May 29,2003. (A full copy of the text of this Ordinance is available from (B)The printed public notice that is attached was published in the newspaper once each week, City clerk.) for one successive weeks; it was first published on Thursday, the 29 day of (May 29,2003)D4/NO.6-2003-PUD 4-2003_ May , 2003, and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2003;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and p lieation a notice: abcdefgWklmno. L uvwxyz BY: CFO Subscribed and sworn to or affirmed Ire me on this day of ` 2003 Nota k PubU a r �MERIDELM.HECDBLO ajf NOTARY PUBLIC•MINNESOTA MY COMMISSION EXPIRES1-312005 MVVVVVWWWVVVVVVVVVVVVVVVVA ■ RATE INFORMATION (1)Lowest classified rate paid by commercial users $ 2.85 ner line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line