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Home My WebLink AboutOrdinance - 5-2008-PUD-5-2008 - Presbyterian Homes Eden Prairie Redevelopment - 05/22/2008 PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-2008-PUD-5-2008 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 I 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 RM-2.5, RM-6.5 and Commercial Regional Service Zoning Districts and be placed in the Planned Unit Development RM-2.5 and Community Commercial Zoning District 5-2008-PUD- 5-2008 (hereinafter "PUD-5-2008-RM-2.5 and Community Commercial"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 4, 2008, entered into between Presbyterian Homes Housing and Assisted Living, Inc., 605 Prairie Center Drive, LLC and Jack Lehtinen and Carolyn Lehtinen, and the City of Eden Prairie, (hereinafter "Development Agreement'). The Development Agreement contains the terms and conditions of PUD-5-2008-RM-2.5 and Community Commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-5-2008-RM-2.5 and Community Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2008-RM-2.5 and Community Commercial 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-5-2008-RM-2.5 and Community Commercial are justified by the design of the development described therein. D. PUD-5-2008-RM-2.5 and Community Commercial 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. Contingent upon receipt by the City and filing by the Developer with the Registrar of Deeds or County Recorder as applicable of a fully-executed and acknowledged "Presbyterian Homes Eden Prairie Redevelopment Development Agreement" between Presbyterian Homes Housing and Assisted Living, Inc., 605 Prairie Center Drive, LLC and Jack Lehtinen and Carolyn Lehtinen, and the City of Eden Prairie no later than April 30, 2008, the proposal is hereby adopted and the land shall be, and hereby is removed from the RM-2.5, RM- 6.5 and Commercial Regional Service Zoning Districts, and placed in the RM-2.5 and Community Commercial Zoning Districts and shall be included hereafter in the Planned Unit Development PUD-5-2008- RM-2.5 and Community Commercial 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, publication, receipt by the City and filing with the Registrar of Deeds or County Recorder as applicable of the Presbyterian Homes Eden Prairie Redevelopment Development Agreement as set forth in Section 5 above. Publication shall not occur until the City has received the Presbyterian Homes Eden Prairie Redevelopment Development Agreement. If the City does not receive and if the Presbyterian Homes Eden Prairie Redevelopment Development Agreement is not filed as set forth in Section 5 above by April 30, 2008, the approvals granted herein are null and void. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 131h day of November, 2007, 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 4`h day of March, 2008. ATTEST: Kat teen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on EXHIBIT A PUD Legal Description — Presbyterian Homes Eden Prairie Redevelopment Legal Description Before Final Plat Parcel 1: Lot 1, Block 1; also Outlot C; all in Columbine Road Addition,according to the recorded plat thereof,Hennepin County, Minnesota. (torrens property, certificate of title no. 1195378 which includes additional property) Parcel 2: Tract A: Unit No. 201 (A Wing) Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County,Minnesota. Tract B: Unit No. 410 (C Wing) Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Tract C: Unit No. 412 (C Wing) and Garage Unit No. 6, Condominium No. 274,Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. Tract D: Unit No. 300 (A Wing),Condominium No. 274,Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Tract E: Unit No. 222 (B Wing) and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Tract F: Unit No. 224 (B Wing) and Garage Unit No. 11, Condominium No. 274, Castle Ridge Retirement Community,a condominium, Hennepin County,Minnesota. Tract G: Unit No. 226 (B Wing) and Garage Unit No. 2, Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Tract H: Unit No. 423 (B Wing), Condominium No. 274,Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Tract I: Unit No. 213 (C Wing), Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County, Minnesota. Tract J: Unit No. 312(C Wing) and Garage Unit No. 13,Condominium No. 274,Castle Ridge Retirement Community, a condominium, Hennepin County,Minnesota. Tract K: Unit No. 314(C Wing) and Garage Unit No.4, Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County, Minnesota. Tract L: Unit Nos.427 and 429 (B Wing)and Garage Unit No. 5,Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County, Minnesota. Tract M: Parcel i: Units in A Wing: Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 109, 200, 202,203,204,205, 206, 207, 208, 301, 302, 303, 304, 305,306,307,308,400,401, 402,403,404, 405, 406,407 and 408. Units in B Wing: Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,221, 223,225,227, 228, 229, 230, 321, 323, 328, 326,327, 328, 329, 330,421,422,424,425, 426,428 and 430. Units in C Wing: Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 209, 210, 211,212,214,215, 216,217, 218,219, 309,310, 311, 313, 315, 316, 317, 318, 319,409,411,413, 415,416,417, 418 and 419. Units in D Wing: Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158,250, 251,252,253, 254, 255,256, 257, 258, 350, 351, 352, 353,354, 355,356, 357,358, 450,451,452,453,454,455,456,457 and 458. Units in E Wing: Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 259, 260, 261,262, 263,264, 265,266, 267, 268, 269, 259, 359, 360, 361, 362, 363,364, 365, 366, 367, 368, 369,459,460, 461,462,463,464,465, 466,467, 468 and 469. Units in F Wing: Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 271,272,273,274, 275,276, 277, 278,279,280, 371, 372, 373, 374, 375,376, 377, 378,379, 380,471,472,473,474,475,476, 477,478,479 and 480. Garage Unit Nos. 1, 3, 7, 9, 10, 12, 14, 15, 17, 18, 19,20, 21,22,23,24,25, 26,27 and 28. All in Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Parcel 2: Unit Nos. 322 and 324(B Wing); Unit No.414(C Wing); and Garage Unit No. 16; All in Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Tract N: Unit No. 500 also referred to as Garage Unit No. 500, Condominium No.274,Castle Ridge Retirement Community,a condominium,Hennepin County, Minnesota. (abstract property as to all of Parcel 2) Parcel 3: Lot 1,Block 2, Castle Ridge,according to the recorded plat thereof, Hennepin County, Minnesota. (abstract property) Parcel 4: Lot 2,Block 1,Fountain Place, according to the recorded plat thereof, Hennepin County, Minnesota. (abstract property and torrens property, certificates of title nos. 1148193 and 1148193,5) Note: The registered(torrens)portion of Parcel 4 is described as follows: Lot 2,Block 1,Fountain Place,except that part embraced within the plat of Castle Ridge. Tract O: That part of Castlemoor Drive as dedicated on the plats of CASTLE RIDGE and COLUMBINE ROAD ADDITION, according to the recorded plats thereof,Hennepin County,Minnesota lying easterly of the easterly right-of-way of Columbine Road and southwesterly of the southwesterly right-of-way of Prairie Center Drive. Legal Description After Final Plat: Lots 1-5,Block 1,Castle Ridge 2'd Addition, Hennepin County,MN. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 5-2008-PUD-5-2008 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 11,999 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 southwest of Prairie Center Drive, east of Columbine Rd &west of Hwy 212 from the RM-2.5,RM-6.5 and Commercial Regional Service Zoning Districts to the RM-2.5 and Community Commercial Zoning Districts on 21.3 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 hleen Porta, City Clerk Ph oung, Mayor PUBLISHED in the Eden Prairie News on 2008. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Newspapers State of Minnesota ) )SS. County of Hennepin ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Laurie A. Hartmann, being duly sworn,on oath says that she is the authorized agent of the PRESBYTERIAN HOMES EDEN publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts PRAIRIE REDEVELOPMENT herein stated as follows: SUMMARY OF ORDINANCE N0. 5 PUD AN ORDINANCE OFTH E CITY (A)This newspaper has complied with the requirements constituting qualification as a lega l OF EDEN PRAIRIE,MINNESOTA, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as REMOVING CERTAIN LAND amended FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, (B)The printed public notice that is attached to this Affidavit and identified as No.L 3,7//� AMENDING THE LEGAL was published on the date or dates and in the newspaper stated in the attached Notice and said DESCRIPTIONS OF LAND -IN Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of EACHDI REFERENCE E CITY CODE the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both CHPTING REFERENCE CITY CODE inclusive,and is hereby acknowledged as being the kind and size of used in the com sition CHAPTER 1 AND SECTION 11.99, Y g g type Po WHICH,AMONG OTHER THINGS, and publication of the Notice: CONTAIN PENALTY PROVISIONS abcdefghijklmnopgrstt vwxyz THE CITY COUNCIL OF.THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance Byrk allows rezoning of land located Laurie A.Hartmann southwest of Prairie Center Drive, east of Columbine Rd&west ofHwy 212 from the RM-2.5, RM-6.5 and Commercial Regional Service Subscribed and sworn before me on Zoning Districts to the RM-2.5 and Community Commercial Zoning Districts on 21.3 acres. Exhibit A, included with this Ordinance,gives this 42 'gj of C� 2008 the Hill legal description of this GYVN I property.Effective Date:This Ordinance W1W PUBLIC-htlWWA shall take effect upon publication. v,COW64M foot JWL n 2W Phil Young,Mayor Attest Kathleen Ports,City Clerk (A full copy 4f the tam of this No Public Ordinance is available from City �y Clerk.) (Published in the Eden PrairieNews onThttrsil",May 22,2M;N(r.3415) RASE INFORMATION Lowest classified rate paid by commercial users for comparable space...,$40.00 per column inch Maximum rate allowed by law for the above matter................................$40.00 per column inch Rate actually charged for the above matter...............................................$12.19 per column inch