HomeMy WebLinkAboutOrdinance - 1-2005-PUD-1-2005 - Eden Heights Estates - 01/18/2005 EDEN HEIGHTS ESTATES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 1-2005-PUD-1-2005
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
R1-22 Zoning District and be placed in the Planned Unit Development R1-13.5 Zoning District
1-2005-PUD-1-2005 (hereinafter "PUD-1-2005-R1-13.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of January 18, 2005, entered into between Premier
Development of the Twin Cities, Inc., and the City of Eden Prairie, (hereinafter"Development
Agreement"). The Development Agreement contains the terms and conditions of PUD-1-2005-
R1-13.5, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-1-2005-R1-13.5 is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-1-2005-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-1-2005-R1-13.5 are justified by the design of the
development described therein.
D. PUD-1-2005-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 R1-22 Zoning District, and placed in the R1-13.5 Zoning District and shall be
included hereafter in the Planned Unit Development PUD-1-2005-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
7`" day of December, 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 18th day of
January, 2005.
ATTEST:
Kathl en Porta, City Clerk Aan oiu� s, ayor
PUBLISHED in the Eden Prairie Sun Current on a , 2005.
EXHIBIT A
EDEN HEIGHTS ESTATES
Legal Description-Planned Unit Development Area
Lot 3, Except the westerly 100 feet thereof, Block 1, Eden Heights
The Westerly 100 feet of Lot 3, Block 1, Eden Heights
Lots 4- 8, Block 1, Eden Heights
Lots 12- 13, Block 1, Eden Heights
The westerly 100 feet of Lot 14, Block 1, Eden Heights.
Lot 14, except the Westerly 100 feet thereof, and Lot 15, except the East 90 feet of the South
Half thereof, Block 1, Eden Heights.
The Westerly 100 feet of Lot 16, Block 1, Eden Heights.
Lot 16, except the Westerly 100 feet thereof, Block 1, Eden Heights.
The Westerly 100 feet of Lot 17, Block 1, Eden Heights.
Lot 17, except the Westerly 100 feet thereof, Block 1, Eden Heights.
Legal Description-Zoning District Change from R1-22 to R1-13.5
Lots 3, 4, 5, 6, 7, 8, and those parts of Lots 12, 13, 14, 15, 16, and 17, Block 1, EDEN
HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota, lying northerly
of a line described as commencing at the southwest corner of said Lot 12; thence northerly along
the west line of said Lot 12 to its intersection with a line 275.00 feet northerly of and parallel
with the south line of said Lot 12 and its easterly extension being the point of beginning of the
line to be described; thence easterly along said parallel line and its easterly extension, a distance
of 399.30 feet to the north-south common line of said Lots 13 and 14; thence southerly along
said common line a distance of 50.00 feet to its intersection with a line 225.00 feet northerly of
and parallel with said south line of Lot 17 and its easterly extension; thence easterly along last
described parallel line a distance of 600.03 feet to the east line of said Lot 16; thence deflecting
to the left, 14 degrees 27 minutes 07 seconds, a distance of 205.98 feet to the east line of said Lot
17 where said line terminates.
EDEN HEIGHTS ESTATES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 1-2005-PUD-1-2005
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 the southwest corner of
Pioneer Trail and Eden Prairie Road, from the R1-22 Zoning District to the R1-13.5 Zoning
District on 18.62 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:
lit • l�C�� �,
K leen A. Porta, City Clerk an yr uke ayor
PUBLISHED in the Eden Prairie Sun Current on Stu. a 7 , 2005.
(A full copy of the text of this Ordinance is available from City Clerk.)
v �
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Current and
has full knowledge of the facts stated below:
(A)The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper,as provided by Minn.Stat.§331A.02,§331A.07,and other applic-
able laws,as amended.
(B)The printed public notice that is attached was published in the newspaper once each
week,for one successive week(s);it was first published on Thursday,the 27 day
of January ,2005, and was thereafter printed and published on every Thursday
to and including Thursday,the day of ,2005;and printed below is
a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghijklmnopgrstuvwxyz
BY:
CFO 27,2005
Subscribed and sworn to or affirmed before me
City of Eden Pi an
on this 27th day of January ,2005.
CVY OF RDEN PKAIR=
SUMMAKY,OF ORDINANCE
EDENN HEIGHTS ESTATES
Notary Public AN-ORDINANCE OFTHKCITYOF►R ENPRAIRIE,
LAND FROM.
0O� BrIll"1►IC�E LRGII�G IrTAN
O YSER,A3IE 4DZNG THE LEGAL DESCRIPTIONS
MARY ANN CARLSON OF LAND IN EACH DISTRICT,AND ADOPTING RY
NOTARY PUBLIC—MIN WAMA REFERENCE CITY CODE CHAPTER 1 AND SEC.
MY COMMISSION EXPIRES 1-31-M TION 11.99,WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE.CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE,11n1+MSOTA,ORDAINS:
RATE INFORMATION a I UUMAM. Tbis ordinance allows rezoning of land located
at the southw*corner of Pioneer Trail and Eden Prairie
(1)Lowest classified rate paid by commercial users $ 2.85 per line inngg Road, o e s sa acres. F&;wt A,.indude& th th g
for comparable space Ordinance,gives thefull legal description ofthis property,
F_ffe&ve Date This Ordinance shall take effect upon pub-
(2)Maximum rate allowed by law $-- 6.20 oer line licatio.
Nancy Tyra-Lukens,Mayor
(3) Rate actually charged $ 1.30 per line Attest: KathleenPorta,City Clerk
PURLISHED.in the Eden Prairie Saw Current on January
27,2005.-
city Cllerky)of�text ofthis Ordinance is available from
(Jan.27,20 05)d4t1-2005 Summary