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Home My WebLink AboutOrdinance - 13-2006-PUD-10-2006 - Prairie Estates - 04/18/2006 PRAIRIE ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-2006-PUD-10-2006 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 13-2006-PUD-10-2006 (hereinafter "PUD-10-2006-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of April 18, 2006, entered into between Prairie Estates of Eden Prairie, LLC, a Minnesota Limited Liability Company, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-10-2006-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-10-2006-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-10-2006-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-10-2006-R1-13.5 are justified by the design of the development described therein. D. PUD-10-2006-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-10-2006-13.5 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 5th day of July, 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 18th day of April, 2006. ATTEST: I�rld#/� ) & rleen Porta, City Clerk ancy a-Lu s, yor PUBLISHED in the Eden Prairie Sun Current on !O . EXHIBIT A PRAIRIE ESTATES Legal Description PARCEL 1 The East 110 feet of the West 281 feet of the North 300 feet of the Northeast '/4 of the Northwest '/4 of Section 5, Township 116, Range 22, Hennepin County, Minnesota. PARCEL 2 The West 300 feet of the East 521 feet of the following described property: All that part of the Northeast 1/4 of the Northwest '/4 of Section 5, Township 116, Range 22 described as follows: Commencing at a point in the North line of said Northeast 1/4 of said Northwest '/4,which is 538 feet West of the Northeast corner thereof, thence West along said North line 803 feet, more or less, to the Northwest corner of the Northeast 1/4; thence South along the West line of said Northeast 1/4 763.3 feet; thence East 803 feet to a point which is 789.2 feet North of the South line of said Northeast %4; thence North 821.5 feet to the point to beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. PRAIRIE ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 13-2006-PUD-10-2006 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 South of 62nd St W, west of Country Road and North of Claycross Way, from the Rural Zoning District to the R1-13.5 Zoning District on 6.47 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: Ap � thleen Porta, City Clerk iqncy'TVC ns, a r PUBLISHED in the Eden Prairie Sun Current on v2 7 �0 (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.§331 A.02,§331 A.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 April , 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: abodefghij kimnopgrstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me City of Eden Prairie fcialon this 27 day of April 2006. CRY OF EDENIPPRRAIR E HENNEPIN COUNTY,MINNESOTA PRAIRIE ESTATES SUMMARY OF ORDINANCE NO.13-2006-PUD-10- 2006 ✓ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, No ary P IIC 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, MARY ANN CARLSON WHICH,AMONG OTHER THINGS,CONTAIN NOTARY PUBLIC—MINNESOTA PENALTY PROVISIONS MY COMMISSION EXPIRES 131-09 = THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS: Summary: This ordinance allows rezoning of land locat- ed South of 62nd St W,west of Country Road and North RATE INFORMATION of Claycross Way,from the Rural Zoning Districttothe R1- 13.5 Zoning District on 6.47 acres. Exhibit A,included with this Ordinance,gives the full legal description of this (1)Lowest classified rate paid by commercial users $ 2.85 per line property. for comparable space Effective Date:This Ordinance shall take effect upon pub- lication. Nancyra-Lukens,Mar (2)Maximum rate allowed by law $ 6.20 per line Attest TKathleen Porte,City Clerk PUBLISHED in the Eden Prairie Sun Cumenton April 27, (3)Rate actually charged $ 1.30 per line 2006. (A full copy of the text of this Ordinance is available from City Clerk.) (Apr.27,2006)d4/Ord 13-2006 Summary