HomeMy WebLinkAboutOrdinance - 18-2008-PUD-9-2008 - The Enclave at Old Shady Oak Road - 07/24/2008 THE ENCLAVE AT OLD SHADY OAK ROAD
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 18-2008-PUD-9-2008
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 11.99
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 and R1-13.5 Zoning District and be placed in the R1-9.5 Zoning District 18-2008-PUD-9-
2008 (hereinafter "PUD-9-2008-R1-9.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of July 15, 2008, entered into between Enclave Development,
LLC, and the City of Eden Prairie, (hereinafter"Development Agreement'). The Development
Agreement contains the terms and conditions of PUD-9-2008-R1-9.5and are hereby made a part
hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-9-2008-RI-9.5is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-9-2008-RI-9.5is 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-9-2008-R1-9.5are justified by the design of the
development described therein.
D. PUD-9-2008-RI-9.5is 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 and R1-13.5 Zoning District, and placed in the R1-9.5 Zoning District
and shall be included hereafter in the Planned Unit Development PUD-9-2008-RI-9.5and 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
3rd day of June 2008, 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 15th day of July,
2008.
ATTEST:
Kat een Porta, City Clerk Phi oung, Mayor
PUBLISHED in the Eden Prairie Sun Current on dZ , 2008.
EXHIBIT A —The Enclave at Old Shady Oak Road
DEVELOPMENT AGREEMENT -
THE ENCLAVE AT OLD SHADY OAK ROAD
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 18-2008-PUD-9-2008
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 11.99,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 west of Shady Oak
Road and South of Highway 62, from Rural and R1-13.5 to R1-9.5 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:
K hleen Porta, City Clerk Phi oung, Mayor
PUBLISHED in the Eden Prairie Sun Current on a , 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 Mark Weber,being duly sworn,on oath says that he is the authorized agent of the publisher of
HENNEPIN COUNTY, the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
MINNESOTA as follows:
THE ENCLAVE AT OLD SHADY
OAK ROAD
SUMMARY OF ORDINANCE NO. (A)This newspaper has complied with the requirements constituting qualification as a legal
18-2008-PUD-9-2008 newspaper,as provided by Minnesota Statute 331 A.02,331 A.07,and other applicable laws,as
AN ORDINANCE OFTHE CITY amended.
OF EDEN PRAIRIE,MINNESOTA,
REMOVING CERTAIN LAND F l�
(B)The printed public notice that is attached to this Affidavit and identified as No.
FROM ONE ZONING DISTRICT ' '•�
AND PLACING IT IN ANOTHER, was published on the date or dates and in the newspaper stated in the attached Notice and said
AMENDING THE LEGAL Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
DESCRIPTIONS OF LAND IN the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
EACHDISTRICT,AND ADOPTING inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
BY REFERENCE CITY CODE and publication of the Notice:
CHAPTI$R 1 AND SECTION 11.99,
WHICH,AMONG OTHER THINGS, abcdefghokhnnopgrstuvwxyz
CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, By: L;�rzlA��
MINNESOTA, ORDAINS: Mark Weber
Summarv: This ordinance
allows rezoning of land located west
of Shady Oak Road and South of
Highwag 62,from Rural and R1-13.5 Subscribed and sworn before me on
to R1-9.5 Zoning District. Exhibit
A, included with this Ordinance,
gives the full legal description of
this property. this t�' da of J '` - 2008
Effective Date:This Ordinance y
shall take effect upon publication.
Phil Young,Mayor r T Fly P A.HARTMANy
TA
Attest: Kathleen Porta,City Clerk NO TA P n UPUC- Jan.31,20
(A full copy of the text of this r �, ,�J 1� MY CORi �O" �`��°" si,2oio
Ordinance is available from City
Edep intN`e*s Notary Public
, 3'24:2008 Na386M
RATE 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