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Home My WebLink AboutOrdinance - 11-2011-PUD-6-2011 - Grand Haven at Marsh Cove - 09/15/2011 GRAND HAVEN AT MARSH COVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 11-2011-PUD-6-2011 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 Public Zoning District and be placed in the R1-13.5 Zoning District 11-2011-PUD-6-2011 (hereinafter"PUD-6-2011-RI-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of September 6, 2011 entered into between 7MS Homes LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-6-201 I-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-6-2011-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2011-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-6-2011-R1-13.5 are justified by the design of the development described therein. D. PUD-6-2011-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 Public Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-6-2011-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 16th day of August,2011, 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 6th day of September 6, 2011. ATTEST: Kat een Porta,City Clerk N Cy T -L e ay PUBLISHED in the Eden Prairie News on September 15, 2011. EXHIBIT A - Legal description Legal Description Before Final Plat Lot 17,Black 1,The Farm 2"'Addition Legal Description After Final Plat Lots 1-8 Block 1,and Lots 1-8 Block 2,Grand Haven at Marsh Cove GRAND HAVEN AT MARSH COVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 11-2011-PUD-6-2011 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: Sum This ordinance allows rezoning of land located at17850 Duck Lake Trail from the Public Zoning District to the Rural Zoning District on 6.41 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: thleen Porta, City Clerk an7ya-L n , y PUBLISHED in the Eden Prairie News on September 15, 2011. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A - Legal description Legal Description Before Final Plat Lot 17,Block 1,The Farm 2nd Addition Legal Description After Final Plat Lots 1-8 Block 1,and Lots 1-8 Block 2,Grand Haven at Marsh Cove 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 GRAND HAVEN AT publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts MARSH COVE herein stated as follows: SUMMARY ol?ORDINANCE NO.11-2011-PUD-6-2011 (A) This newspaper has complied with the requirements constituting qualification as a legal ANOR7INANCEOFTHECITY newspaper,as provided by Minnesota Statute 331A.02,331 A.07,and other applicable laws,as OF EDEN PRAIRIE, MINNESO- amended. TA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, (B)The printed public notice that is attached to this Affidavit and identified as No. '161 l AMENDING THE LEGAL DE- was published on the date or dates and in the newspaper stated in the attached Notice and said SCRUMONS OF LAND IN EACH Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of DISTRICT,AND ADOPTING BY the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both REFERENCE CITY CODE CHAP- inclusive,and is hereby acknowledged as being the kind and size of type used in the composition TER 1 AND SECTION 1119,WHICH. and publication of the Notice; AMONG OTHER THINGS, CON- TAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE abcdefghijklmnapgrstuvwxyz CITY OF EDEN PRAIRIE,WNW SO TA,ORDAINS: _ _ _ 1�� I Summary: This ordinance CB yL. Ati'�L allows rezoning of land located atl"jr&%Duck Lake Trail from the Laurie A.Hartmann Public Zoning District to the Rural Zoning District on 6.41 acres.Exhib- it A,included with the Ordinance, Subscribed and sworn before me on gives the full legal description of this property. Effective Date:This Ordinance shall take effect up publication, this.1�day of —2011Nancy Tyra-Lukens, Attest: Kathleen Parts,City Clerk (Published in the Eden Prairie News on Thursday, September 15, JYMME JEANNETTE BARK 2011 No.3210 NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 01/31It3 No lic 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 column inch Rate actually charged for the above matter.....__...................................$12.59 per column inch