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Home My WebLink AboutOrdinance - 33-2003-PUD-18-2003 - Edenvale Villas - 11/18/2003 EDENVALE VILLAS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 33-2003-PUD-18-2003 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 33- 2003-PUD-18-2003 (hereinafter "PUD-18-2003-R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 18, 2003, entered into between Brenshell Development Corporation, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-18-2003-R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-18-2003-R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-18-2003-R1-9.5 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-18-2003-R1-9.5 are justified by the design of the development described therein. D. PUD-18-2003-R1-9.5 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. e 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 Zoning District and shall be included hereafter in the Planned Unit Development PUD-18-2003-R1-9.5 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 October, 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 18th day of November, 2003. ATTEST: Kathl en Porta, City Clerk N c a-L ens yor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — Edenvale Villas Legal Description Before Final Plat Outlot A, Edenvale 3rd Addition,Hennepin County,Minnesota Legal Description After Final Plat Lots 1-7,Block 1, and Lots 1-8, Block 2,Edenvale Villas, Hennepin County, Minnesota EDENVALE VILLAS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 33-2003-PUD-18-2003 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 at 6525 Birch Road from the Rural Zoning District to the R1-9.5 Zoning District, and amending of land within the R1-9.5 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: Kathleefi A. Porta, City Clerk N c a- qg0fayor PUBLISHED in the Eden Prairie Sun Current on jNX&?.,,,;2 -3. (A full copy of the text of this Ordinance is available from City Clerk.) City of Brie!Pribie XV10VALa VHJ A5 SUM09427 or aRrANCE MM m.MM04FU z-184 n AN ON "JQMn=IlV 7=Crff OF EDEN PRAD=EEr4NX9M■ CERTAIN L,A24D NKAW ao 0 201NING D■aIVICT AND 3'LAC OG LT 1N ANrF TERR,AlUU40M THE LEGAL OF LAND IN EACH CITY CODE CHAPTER I AND SXCTIION 1L99, newspapers �� '° ONTAIN AFFIDAVIT OF PUBLICATION MMINNES ORDAINS: ITY OF EDEN PRAIRIE, Summary.This ordinance allows rezoning of land located STATE OF MINNESOTA) at 6525 Birch Road from the Rural Zoning District to the R1-9.5 Zoning District,and amending of land within the SS. R1-9.5 District. Exb%it A.included with this Ordinance, gives the full legal description of this property. COUNTY OF HENNEPIN) Effective Date:This Ordinance shall take effect upon pub- lication. Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Nancy Tyra-Lukens,Mayor Financial Officer of the newspaper known as Sun-Current and has full ATTEST: Kathleen Ports,City Clerk knowledge Of the facts stated below: PUBLISHED in the Eden Prairie Sun Current on Novem- ber 27,2003. (A full copy of the text of this Ordinance is available from (A)The newspaper has complied with all of the requirements constituting qualification as a City Clerk.) qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable (Nov 27,2003)D4/EdenVale laws, as amended. (B)The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Thursday, the 27 day of November , 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 publ*ation-o"t notice: abcdefghijkhanopgr uvwxyz C_ BY- CFO Subscribed and sworn'�o affirme before me on this ff day of fill j 20 3. I q1' Q 1� Nota ■ r MERIDEL M.HEDBLOM J4 NOTARY PUBLIC•MINNESOTA C MY COMMISSION EXPIRES 131-MB RATE INFORMATION (1)Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3)Rate actually charged $ 1.40 per line