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Home My WebLink AboutOrdinance - 16-2006-PUD-11-2006 - Baneberry Hollow - 06/20/2006 BANEBERRY HOLLOW CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-2006-PUD-11-2006 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 RM-6.5 Zoning District 16-2006-PUD-11-2006 (hereinafter "PUD-1 1-2006-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June 20, 2006, entered into between Lakewest Holdings, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-11-2006-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-11-2006-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-2006-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-11-2006-RM-6.5 are justified by the design of the development described therein. D. PUD-11-2006-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 RM-6.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-11-2006-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 16"' day of May, 2006, 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 201" day of June, 2006. ATTEST: Ka h en Porta, City Clerk Nanc yra- e ayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A Zoning Legal Description Zoning from Rural to RM-6.5 PARCEL I: That part of the West Half of the Southeast Quarter of Section 25, Township 116,Range 22, lying South of Hennepin County Road No. 1 and lying East of the West 1087. 45 feet thereof; more fully described as follows: Beginning at a point in the South line of the Southeast Quarter of said Section 25, distant 1087.45 feet East from the Southwest corner thereof; thence at right angles North, a distance of 520.9 feet to the centerline of County Road No. 1, thence southeasterly along the centerline of said County Road No. 1 to the East line of the West Half of said Southeast Quarter; thence South to the South line of said Section; thence West along said Section line to the point of beginning, EXCEPT the East 100 feet thereof, according to the U.S. Government Survey, Hennepin County, Minnesota. AND That part of the East 100 feet(as measured at right angles) of the West Half of the Southeast Quarter of Section 25, Township 116, Range 22, lying south of a line described as follows: Beginning at a point on the East line of the West Half of the Southeast Quarter of said Section 25, distance 247.00 feet north of the Southeast Corner thereof; thence westerly 100 feet,parallel with the south line of the Southeast Quarter of Section 25, to its intersection with the west line of the East 100 feet of the West Half of said Southeast Quarter, said like there terminating. Zoning Amendment with in the Rural District PARCEL 2: That part of the East 100 feet (as measured at right angels) of the West Half of the Southeast Quarter of Section 25, Township 116, Range 22, lying south of the centerline of Hennepin County Road No. 1 and north of a line described as follows: Beginning at a point on the East line of the West Half of the Southeast Quarter of said Section 25, distant 247.00 feet north of the Southeast Corner thereof, thence westerly 100 feet,parallel with the south line of the Southeast Quarter of Section 25, to its intersection with the west line of the East 100 feet of the West Half of said Southeast Quarter, said line there terminating. BANEBERRY HOLLOW CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 16-2006-PUD-11-2006 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 at 10015 and 10065 Pioneer Trail from the Rural Zoning District to the RM-6.5 Zoning District on 2.06 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: wzoee4 Ka Teen orta, City Clerk an yr s, ayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) | | newspapers AFFIDAVIT OF PUBLICATION STATE OFK8|NNESO3A) SS. COUNTY OFHENNEP|N) Richard Hendrickson,being duly sworn onan oath states or affirms,that heis the Chief Fi- nancial Officerofdhenevwspaporknmwnao and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a quo|ifiadnewspaper,nu provided by Minn.8bg.0331A.02.0331A.O7.and other applic- able kawe.00amended. (B)The printed public notice that is attached was published in the newspaper once each week,for_one successive wmek(s);it was first published on Thursday,the—299_day | Of 2V0O.and was thereafter printed and published on every Thursday uo and including Thursday,the_____day of 2OOG;and printed below is o copy of the lower case alphabet from AtoZ.both inclusive,which io hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abodefgmmwmnopqrstmwxyz | | BY. | CFO | / Subscribed and sworn to or affirmed before mo on this_29_day of June 200 City of Eden Prairie (Official Publication) CITY OF EDEN PRAIRIE BANEBERRY HOLLOW SUMMARY OF ORDINANCE NO.16-2006-PUD-11-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MMY ANN CARLSON MINNESOTA,REMOVING CERTAIN LAND FROM ONE NOTARY PUBLIC—MINNESOTA ZONING DISTRICT AND PLACING IT IN ANOTHER, MY COMAMSSION EXPIRES 1-31-09 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 PENhLTY PROVI. RATE INFORMATION THE THE CITY opsnsmPRAIRIE, MINNESOTA,ORDAINS: (1)Lovm��dano0edn�epoidbycmmmennim|users � 015 and / �/ / m�nm/om� 065 Pioneer Trail from the Rural Zon- fnrcompa�b|espace ^~`District'^ the RM-6.5 Zoning District on 2.06-acres. Exhibit A,included with this gives the full legal (2)K8m�mumn�eod|ovwadby|mw $ description— -----'--`� Effective Date:rn�ommanco shall take effect uponvub' (3)Rate actually charged $ Mayor ATTEST: Kathleen Ports,City Clerk PUBLISHED m the Eden Prairie Sun Current oo June uo. ' 2006. (A full copy m the text m this Ordinance is,available from City Clerk.)