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Home My WebLink AboutOrdinance - 23-2005-PUD-14-2005 - Edenvale Highlands - 12/05/2005 EDENVALE HIGHLANDS 2ND ADDITION NOW KNOWN AS THE PRESERVE AT EDENVALE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-2005-PUD-14-2005 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 Rural Zoning District and be placed in the Planned Unit Development R1-13.5 Zoning District 23-2005-PUD-14-2005 (hereinafter "PUD-14-2005-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of December 5, 2005, entered into between Calhoun Development LLC, and the City of Eden Prairie, (hereinafter"Development Agreement'). The Development Agreement contains the terms and conditions of PUD-14-2005-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-14-2005-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-14-2005-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-14-2005-R1-13.5 are justified by the design of the development described therein. D. PUD-14-2005-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 Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-14-2005-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 20th day of September, 2005, 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 5th day of December, 2005. ATTEST: Kath en Porta, City Clerk ancy a-L PUBLISHED in the Eden Prairie Sun Current one EXHIBIT A Edenvale Highlands 2nd Addition, now known as The Preserve at Edenvale Legal Description Before Final Plat Lot 2, Block 1, GRAY FOX BLUFF, Hennepin County, Minnesota Legal Description After Final Plat Lots 1-10, Block 1 and Outlot A, THE PRESERVE AT EDENVALE, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 23-2005-PUD-14-2005 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 15598 Michele Lane from the Rural Zoning District to the R1-13.5 Zoning District on 22.7acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: at een. Porta, City Clerk N cy�6-L� en r,Ua or PUBLISHED in the Eden Prairie Sun Current on &&gk�j&o 00� (A full copy of the text of this Ordinance is available from City Clerk.) v CNIN 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 15 day of December , 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: abcdefghij klmnopgrstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 15 day of December 2005. City of Eden Prairie (Official Publication) CITY OF EDEN PRAIRIE �. HENNEPIN COUNTY,MINNESOTA EDENVALE HIGHLANDS 2ND Notary Public SUMMARY OF ORDINANCE NO.23-ZOOS-PUD-14 2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE MART ANN CARLSON ZONING DISTRICT AND PLACING IT.IN ANOTHER AMENDING THE LEGAL DESCRIPTIONS OF LAND ilk NOTARY PUBLIC-MINNESOTA EACH DISTRICT,AND ADOPTING BY REFERENCE MY COMMISSION EXPIRES 131-09 CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH, AMONG OTHER THONGS,CONTAIN PENALTY PROVI- SIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, RATE INFORMATION MINNESOTA,ORDAINS:. Summary: This ordinance allows rezoning of land locat- ed 15598 Michele Lane from the Rural Zoning District to (1)Lowest classified rate paid by commercial users $ 2.85 per line the R1-13.5 Zoning District.on 22.Facres. Exhibit A.in- cluded with Oils Ordinance,gives the full legal description for comparable space of this property. Effactive Deffi:This O►dirrarx:e me take etlect u pon pub- 2 Maximum rate allowed b law lication. . O y $ 6.20 per line Nancy Tyra-Lukens,Mayor ATTEST: Iathben.Forte,'City Clark .( ` )lr (3) Rate actually charged $ 1.30 per line PUBLISHED in ft Eden Prairie Sun lCbWeWbm b"ffi- p11i6�,awa•�tA1t1Sy is