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Home My WebLink AboutOrdinance - 26-2006-PUD-18-2006 - Prairie Estates 2nd Addition - 10/17/2006 PRAIRIE ESTATES 2ID ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 26-2006-PUD-18-2006 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 R1-13.5 Zoning District 26-2006-PUD-18-2006 (hereinafter "PUD-18-2006-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 17, 2006, entered into between Prairie Estates of Eden Prairie, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-18-2006-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-18-2006-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-18-2006-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-18-2006-R1-13.5 are justified by the design of the development described therein. D. PUD-18-2006-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-18-2006-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 19th day of September, 2006, and finally read and adopted and ordered published in summary h t form as attached hereto at a regular meeting of the City Council of said City on the 17 day of g g Y Y Y October, 2006. ATTEST: Kat Keen Porta, City Clerk N ncy a- ns, • Or PUBLISHED in the Eden Prairie Sun Current on 2006. I EXHIBIT A DEVELOPMENT AGREEMENT — Prairie Estates 2nd Addition Legal Description: That art of the Northeast Quarter of the Northwest uarter, Section 5 Township 116 Range 22, described as p Q Q P g follows: Commencingat the intersection of the north line of said Northeast Quarter of the Northwest Quarter and the Q northerly extension of the west line of Country Road, as dedicated in the plat of Country Glen; thence on an assumed bearing of South 0 degrees 26 minutes 47 seconds East, along said northerly extension, a distance of 34.13 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302; thence continue South 0 degrees 26 minutes 47 seconds East, along said northerly extension and said west line, a distance of 789.84 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302; thence North 89 degrees 25 minutes 39 seconds West, along the north line of Claycross Way, as dedicated in said plat, a distance of 203.11 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302; thence continue North 89 degrees 25 minutes 39 seconds West, a distance of 97.10 feet to the hereinafter described Point A; thence North 0 degrees 35 minutes 02 seconds West, along a line which if extended north would intersect the north line of said Northeast Quarter of the Northwest Quarter at a point distant 282.46 feet East from the northwest corner of said Northeast Quarter of the Northwest Quarter, a distance of 321.47 feet to the point of beginning; thence continue North 0 degrees 35 minutes 02 seconds West, a distance of 187.54 feet to the south line of the North 300 feet of said Northeast Quarter of the Northwest Quarter;thence South 87 degrees 45 minutes 22 seconds West, along said south line,a distance of 110.70 feet to the east line of the west 171.00 feet of said Northeasterly Quarter of the Northwest Quarter; thence North 0 degrees 43 minutes 02 seconds West along said east line a distance of 300.11 feet to the north line of said Northeast Quarter of the Northwest Quarter; thence South 87 degrees 45 minutes 22 seconds West along said north line a distance of 171.06 feet to the northwest corner of said Northeast Quarter of the Northwest Quarter; thence South 0 degrees 43 minutes 02 seconds East along the west line of said Northeast Quarter of the Northwest Quarter a distance of 463.30; thence South 87 degrees 17 minutes 29 seconds East, a distance of 281.73 feet to the point of beginning. Point A is described as follows: Commencing at a point on the west line of said Northeast Quarter of the Northwest Quarter distance 789.2 feet north from the southwest corner of said Northeast Quarter of the Northwest Quarter; thence East,parallel with the south line of said Northeast Quarter of the Northwest Quarter,a distance of 280.55 feet to said Point A. PRAIRIE ESTATES 2"ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 26-2006-PUD-18-2006 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 the southeast corner of Duck Lake Road and 62nd Street West from the Rural Zoning District to the R1-13.5 Zoning District on 2.33 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: K leen Porta, City Clerk G ncy a- � yor PUBLISHED in the Eden Prairie Sun Current on 'hQ(r,(,/y t., (A full copy of the text of this Ordinance is available from City Clerk.) 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 7 day of December , 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: abcd efg h ij kl mnopq rstuvwxyz BY: 1-- FO Subscribed and sworn to or affirmed before me City of Eden Prairie on this 7 day of December ,2006. (Official Publication) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA PRAIRIE ESTATES 2ND ADDITION SUMMARY OF ORDINANCE NO.26-2006-PUD-18- 2006 N tary ubIIC 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 MARY ANN CARLSON CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,' NOTARY PUBLIC-MINNESOTA AMONG OTHER THINGS,CONTAIN PENALTY PROVI- MY COMMISSION EXPIRES 1-31-09 SIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA.ORDAINS: ummarv: This ordinance allows rezoning of land locat- RATE INFORMATION ed at the southeast comer of Duck Lake Road and 62nd Street West from the Rural Zoning District to the R1-13.5 Zoning District on 2.33 acres. Exhibit A,included with this (1)Lowest classified rate paid by commercial users $ 2.85 per line ordinance,gives the full legal description of this property. for comparable space Effective Date:This Ordinance shall take effect upon pub- lication. (2)Maximum rate allowed by law $ 6.20 per line Nancy I athleen Port Mayor Clerk PUBLISHED In the Eden Prairie Sun Current on Dec.7, 2006. . (3) Rate actually charged $ 1.30 per line (A full copy of the text of this Ordinance is available from City Clerk.) (Dec. 7,2006)d4-ord 26-2006 mkgd