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HomeMy WebLinkAboutOrdinance - 2-2011-PUD-1-2011 - Nine Mile Creek Water Resource Center - 01/27/2011 NINE MILE CREEK WATER RESOURCE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-2011-PUD-1-2011 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 R1-22 Zoning District and be placed in the Public Zoning District 2-2011-PUD-1-2011 (hereinafter"PUD-1-2011-PUB"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January b, 2011 entered into between the Nine Mile Creek Watershed District, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-1-2011-PUB, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1-2011-PUB is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2011-PUB is designed in such a manner to form a desirable and uni fed 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-1-2011-PUB are justified by the design of the development described therein. D. PUD-1-2011-PUB 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 R1-22 Zoning District, and placed in the Public Zoning District and shall be included hereafter in the Planned Unit Development PUD-1-2011-PUB and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph 13, 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 21st day of September, 2010, 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 January, 2011. ATTEST: Kaihl6en Porta, City Cleric �tNncy T - or r cam' PUBLISHED in the Eden Prairie News on January 27,2011. PUD Ordinance- Nine Nile Creek Water Resource Center Legal Description before final plat: Parcel 1: Lots 1,2, and 3, Block 1, TOPVIEW ACRES 3RD ADDITION, except that part of said Lot 3, lying Northerly of a line described as follows: Beginning at a point on the Northeasterly line of said Lot 3, distant 228.39 feet Southeasterly of the most Northerly comer of said Lot 3, as measured along said Northeasterly line; thence Northwesterly to a point on the Westerly line of said Lot 3, distant 148.15 feet Southerly of said most Northerly corner, as measured along said Westerly line and there terminating. (Torrens Property, Certificate of Title No. 836524) Parcel 2: That part of the following described land: That part of the East 1/2 of the Northeast Quarter of Section 10, Township 116, Range 22, described as beginning at the northeast corner of said Section 10; thence south along the east line of said Section, 841.63 feet; thence North 71 degrees 30 minutes West 284.7 feet; thence north to a point in the north line of said Section distant 270 feet west of the northeast corner thereof, thence east along the north line of said Section, 270 feet to the point of beginning, except the Westerly 50 feet thereof, Which lies southerly of the following described line: Beginning at a point on the east line of the above-described property, distant 238.15 feet south of said northeast corner; thence North 62 degrees 02 minutes 40 seconds West a distance of 174.17 feet; thence North 79 degrees 30 minutes 27 seconds West to the westerly line of the above-described property and there terminating. The East line of the Northeast Quarter is assumed due North and South. (Torrens Property, Certificate of Title No. 820481) Legal Description after final plat: LOT 1, BLOCK 1,KAERWER ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. NINE MILE CREEK WATER RESOURCE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2-2011-PUD-1-2011 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 12800 Gerard Drive and 12776, 12782 and 12784 Gordon Drive from the R1-22 Zoning District to the Public Zoning District on 5.32 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: 0-1 K oczi- leen Porta, City Clerk n s, M or PUBLISHED in the Ecle►t Prairie News on January 27,2011. (A full copy of the text of this Ordinance is available from the City Clerk.) Affidavit of Publication Southwest Newspapers CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA State of Minnesota 3 NINE MILE CREEK WATER )SS. RESOURCE CENTER SUMMARY OF ORDINANCE NO. County of Hennepin 2-2611-PUD-1.2011 AN ORDINANCE OFTHE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LANs] FROM ONE ZONING DISTRICT Laurie A. Hartmann,being duly sworn,on oath says that she is the authorized agent of the AND PLACING IT IN ANOTHER, publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts AMENDING THE LEGAL herein stated as follows: DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING (A) This newspaper has complied with the requirements constituting qualification as a legal BY REFERENCE CITY CODE newspaper,as provided by Minnesota Statute 331 A.02,331 A.07,and other applicable laws,as CHAPTER 1 AND SECTION 11.99, amended. WHICH,AMONG OTHERTHINGS, CONTAIN PENALTY PROVISIONS (B)The printed public notice that is attached to this Affidavit and identified as No.� THE CITY COUNCIL OF THE was published on the date or dates and in the newspaper stated in the attached Notice and sand CITY OF EDEN PRAIRIE, Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of MINNESOTA, ORDAINS: the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both This ordinance inclusive,and is hereby acknowledged as being the kind and size of type used in the composition allows rexo g of land located at and publication of the Notice: rivers r Ie TWe 12784-�ordOn Dr Ve m e R1-22 Zoning District to the Public abcdefghijklmnopgrstu Zoning District on 5.32 acres. Exhibit , included with this �inee Ordi , gives the full legal y. deserhWon of Ws property. WhIbmDAIL This Ordinance Laurie A.Hartmann shall take effect upon publieatlon. '•--- Nancy Tyra-Lukens,Mayor Attest: Kathleen Pm ta,City Clerk Subscribed and sworn before me on (A U1 copy of the text of this Ordimm elsavailablefromtheCity Clerk.) (Publishedirthe Eden PrairieNews fI on Thursday.January 27,2b11;No. this=day of 2011 gt]79) ]YMME J.$ARK j, NOTARY r t}BLIC-MINNESOTA My Co-nnssion Expires 01/31/2013 No hi is RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch Maximum rate allowed by law for the above matter..-.-...........................$31.20 per col umn inch Rate actually charged for the above matter..............................................$12.59 per column inch