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Home My WebLink AboutOrdinance - 3-2006-PUD-2-2006 - Eden View Estates - 02/21/2006 EDEN VIEW ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-2006-PUD-2-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,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 amended within the Rural Zoning District 3-2006-PUD-2-2006 (hereinafter "PUD-2-2006-Rural). Section 3. The City Council hereby makes the following findings: A. PUD-2-2006-Rural is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2006-Rural 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-2-2006-Rural are justified by the design of the development described therein. D. PUD-2-2006-Rural is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of February 21, 2006, entered into between Insignia Development, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2006-Rural, and are hereby made a part hereof. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the Rural Zoning District and shall be included hereafter in the Planned Unit Development PUD-2-2006-Rural, 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 5. 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 6. 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 5' day of December, 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 21 st day of February 2006. ATTEST: 1 Kat een Porta, City Clerk N cy a-L ns, p6 PUBLISHED in the Eden Prairie Sun Current on 2006. EXHIBIT A Eden View Estates Legal Description before Final Plat The East Quarter of the Southeast Quarter of the Southeast Quarter of Section 30, Township.116, Range 22, excepting there from the following parcels: The North 4 rods thereof, That part lying westerly of the center line of Dell Road; That part of the East Quarter of the Southeast Quarter of the Southeast Quarter of Section 30 described as follows: Commencing at a point which is distant 330 feet west and 232 feet north from the southeast corner of said Section 30; thence North 70 degrees 30 minutes East 83 feet to a 24 inch oak tree; thence North 48 degrees 47 minutes West 104 feet alongthe center line of a public cart way; thence due South 96 feet to the p place of beginning; also except that part of the Southeast Quarter of the Southeast Quarter of Section 30, Township 116, Range 22 described as follows: Beginning at the southeast corner of said Southeast Quarter of the Southeast Quarter; thence on an assumed bearing of North 89 degrees 36 minutes 01 seconds West, along the south line of said Southeast Quarter of the Southeast Quarter, a distance of 330.31 feet to the east line of said Southeast Quarter of the Southeast Quarter; thence South 0 degrees 28 minutes 55 seconds West, along said east line, a distance of 204.21 feet to the point of beginning AND The West 1/4 of the Southeast Quarter of the Southeast Quarter of Section 30, Township 116, Range 22, excepting there from the following parcels: The North 4 rods thereof and that part lying westerly of the center line of Dell Road. Also excluding from both parcels all that part of the Southeast Quarter of the Southeast Quarter which lies south of the northerly line of State Highway 169 and 212 as traveled. This property could be described as follows: That part of the Southeast Quarter of the Southeast Quarter of Section 30, Township 116, Range 22, Hennepin County, Minnesota lying south of the north 4 rods thereof, lying easterly of the center line of Dell Road and lying northerly of the north right of way line of State Highway 212 as traveled. Legal Description after Final Plat Lot 1 & Lot 2, Block 1, Eden View Estates EDEN VIEW ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 3-2006-PUD-2-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at 17650 Flying Cloud Drive within the Rural Zoning 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: 91leen Porta, City Clerk NtcyjTqYaZ5 ens r t PUBLISHED in the Eden Prairie Sun Current on �I�CC.� v�, � �✓ (A full copy of the text of this Ordinance is available from City Clerk.) slim 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 2 day of March ,2006, and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2006;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: FO Subscribed and sworn to or affirmed before me on this 2 day of March ,20011 13 d4,.n le� City of Eden Prairie (Orticlal Publication) Notary ublic CITY OF EDEN PRAIRIE HENNEPIN VI COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.3-2006-PUD-2-2006 AN ORDINANCE OF THE CITY OF EDEN MARY ANN CARLSON MINNESOTA, M AMENDING THE ZONING OF CERTA PRAIRIE, NOTARY PUBUC—MINNESOTA LAND WITHIN ONE DISTRICT, AND ADOPTING BY MY COMMISSION EXPIRES 1-31-09 REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN L4)IN P PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, RATE INFORMATION MINNESOTA,ORDAINS: Summary: This ordinance allows amendment of the zon- ing of land located at 17650 Flying Cloud Drive within the (1)Lowest classified rate paid by commercial users $ 2.85 per line Rural zoning District. Exhibit A.,included with this Ordi- for comparable space nance,gives the full legal description of this property. Effective Date:This Ordinance shall take effect upon pub- (2)Maximum rate allowed by law $ 6.20 per line iication. Nancy Tyra-Lukens,Mayor Attest: Kathleen Porto,City Clerk (3)Rate actually charged $ 1.30 per line PUBLISHED in the Eden Prairie Sun Current on March 2, 2006. (A full copy of the text of this Ordinance is available from City Clerk.) -(Mar.2,2006)d4lord 3-2006 Summary