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Home My WebLink AboutOrdinance - 12-2004-PUD-9-2004 - Scenic Heights Apartments - 04/27/2004 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 12-2004-PUD-9-2004 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 and RM-6.5 Zoning District 12-2004-PUD-9-2004 (hereinafter"PUD-9-2004-R1-13.5 &RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of April 27, 2004, entered into between Duane and Patricia Pidcock, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-9-2004-R1-13.5 & RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-9-2004-R1-1.35 & RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-2004-R1-13.5 & 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-9-2004-R1-13.5 & RM-6.5 are justified by the design of the development described therein. D. PUD-9-2004-R1-13.5 & 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 R1-13.5 and RM-6.5 Zoning Districts and shall be included hereafter in the Planned Unit Development PUD-9-2004-R1-13.5 & 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 23rd day of March, 2004, 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 27th day of April, 2004. ATTEST: c�� •�-, Gam. Kathleen Porta, City Clerk Ron Case,Acting Mayor PUBLISHED in the Eden Prairie Sun Current on �4d CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 12-2004-PUD-9-2004 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 Red Rock and Scenic Heights Road from the Rural Zoning District to the R1-13.5 Zoning District on .35 acres and the RM-6.5 Zoning District on .62 acres. 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 Teen Porta, City Clerk Ron Case,Acting Mayor PUBLISHED in the Eden Prairie Sun Current on �ug 7" (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A PUD Legal Description — Scenic Heights Apartments Legal Description Before Final Plat Tract A, Registered Land Survey No. 136 Legal Description After Final Plat Lot 1 and 2,Block 1, Scenic Heights Apartments v newspapers City of Eden Prairie AFFIDAVIT OF PUBLICATION (Official DENPRiIR CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA TATE OF MINNESOTA) SUMMARY OF ORDINANCE NO.12-2004-PUD-9- Ss. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN OUNTY OF CARVER) LAND FROM ONE,ZONING DISTRICT AND PLACING TINANO IER,,AMENDINGTHE chard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief LEGAL DESCRIPTIONS OF LAND IN E DISTRICT, NDANDADOPTINGBYREF REFERENCE, nancial Officer of the newspaper known as Sun Current and CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS is full knowledge of the facts stated below: THE CITY COUNCIL OF THE CITY OF EDEN The newspaper has complied with all of the requirements constituting qualification as PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance allows rezoning ofland located a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other at Red Rock and Scenic Heights Road from the Rural Zon- ing District to the R1-13.5 Zoning District on.35 acres and the RM-6.5 Zoning District on.62 acres. Exhibit A,in- applicable laws, as amended. eluded with this Ordinance,gives the full legal description of this property. ;)The printed public notice that is attached was published in the newspaper once each Effective Date:This Ordinance shall take effect upon pub- 6 da week, for one successive weeks;it was first published on Thursday, the y lication. Nancy Tyra-Lukens,Mayor of MaV 2004, and was thereafter printed and published on every Thursday Attest: Kathleen Parts,City Clerk PUBLISHED in the Eden Prairie Sun Current on May 6, to and including Thursday, the day of 2004; and printed below 2004. (A full copy of the text of this Ordinance is available from is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby City Clerk.) acknowledged as being the size and kind of type used in the composition and publica- (May 6,2004)D4/12-2004 summary tion of the notice: abcdefghij lclmnopgrstuvwxyz BY: CFO ibscribed and sworn to or affirmed before me i this 13th day of May 2004. )tary Public MARY ANN CARLSON NOTARY PUBLIC—MINNESOTA MY COMMISSION EXPIRES 131-09 EQ 000 RATE INFORMATION i Lowest classified rate paid by commercial users $ 2.85 per line for comparable space 1 Maximum rate allowed by law $ 6.20 per line i Rate actually charged $ 1.40 per line