HomeMy WebLinkAboutOrdinance - 36-2012-PUD-14-2012 - Mitchell Crossing Apartments 2012 - 12/13/2012 MITCHELL CROSSING APARTMENTS 2012
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 36-2012-PUD-14-2012
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
C-Comm Zoning District and be placed in the RM-2.5 Zoning District 35-2012-PUD-14-2012
(hereinafter "PUD-14-2012-RM-2.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of December 4, 2012 entered into between Eden Prairie
Development, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-14-2012-RM-2.5, and are
hereby made a part hereof
Section 4. The City Council hereby makes the following findings:
A. PUD-14-2012-RM-2.5 is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-14-2012-RM-2.5 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-14-2012-RM-2.5 are justified by the design of
the development described therein.
D. PUD-14-2012-RM-2.5 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 C-Comm Zoning District, and placed in the RM-2.5 Zoning District and shall
be included hereafter in the Planned Unit Development PUD-14-2012-RM-2.5 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
21" day of August, 2012, 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 0' day of
December, 2012.
ATTEST:
K leen Porta, City Clerk N, i- a- u ns o
PUBLISHED in the Eden Prairie News on December 13, 2012.
EXHIBIT A
Before Final Plat Legal Description
PARCEL 1:
OUTLOT A, MITCHELL CROSSING 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA
PARCEL 2:
OUTLOT B, MITCHELL CROSSING, HENNEPIN COUNTY, MINNESOTA
PARCEL 3:
Lot 1, Block 1, Edenvale Recreation Center 2"d Addition, Hennepin County, Minnesota,
Excepting therefrom, that part of Lot 1, Block 1, lying southerly of the easterly extension of the
north line of Lot 2, Block 2, the northerly line of Lot 2, Block 1, extended easterly to a point of
intersection with the easterly line of Lot 2, Block 1, extended northerly all in Edenvale
Recreation Center 2"d Addition;
And excepting therefrom that part of Lot 1, Block 1, lying easterly of the northerly extension of
the west line of Lot 3, Block 1, and southerly of a line parallel with and ten (10') feet northerly
of the north line of Lot 3, Block 1, and westerly of a line parallel with and thirty (30') feet
easterly of the northerly extension of the west line of Lot 3, Block 1, and northerly of the north
line of Lot 3, Block 1, all in Edenvale Recreation Center 2"d Addition;
And excepting therefrom that part shown as parcel 93 on Minnesota Department of
Transportation right of way Plat Number 27-91, filed in the office of the Hennepin County
Recorder, on April 29, 1999, as Document No. 6888395.
After Final Plat Legal Description
Five Mitchell Crossings, Hennepin County, Minnesota
MITCHELL CROSSING APARTMENTS 2012.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 36-2012-PUD-14-2012
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 Mitchell Road &
Cochrane Lane from the Community Commercial Zoning District to the RM-2.5 Zoning District
on 3.105 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:
��1 Q
Kat leen Porta, City Clerk N cy T -Lu ay
PUBLISHED in the Eden Prairie News on December 13, 2012.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA State of Minnesota
MITCHELI.CROSSING )
APARTMENTS 2012 )SS.
SUMMARY OF ORDINANCE
NO. 36-2012-PUD-14.2012 County of Hennepin )
AN ORDINANCE OF THE CITY
OF EDEN PRAIRIE, MINNESO-
TA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT
AND PLACING IT IN ANOTHER, Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
AMENDING THE LEGAL DE- publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts
SCRIPTIONS OF LAND IN EACH herein stated as follows:
DISTRICT, AND ADOPTING BY
REFERENCE CITY CODE CHAP- (A)This newspaper has complied with the requirements constituting qualification as a legal
TER LAND SECTION 11.99,WHICH, newspaper,as provided by Minnesota Statute 331 A.02,331 A.07,and other applicable laws,as
AMONG OTHER THINGS, CON- amended.
TAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE /_/
CITY OF EDEN PRAIRIE,MINNE- (B)The printed public notice that is attached to this Affidavit and identified as No.,1 /J
SOT'A,ORDAINS: was published on the date or dates and in the newspaper stated in the attached Notice and said
Summary: This ordinance Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
allows rezoning of land located at the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
Mitchell Road & Cochrane Lane inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
from the Community Commercial and publication of the Notice:
Zoning District to the RM-2.5 Zon-
ing District on 3.105 acres. Exhibit
A, included with this Ordinance, abcdefghuklmnopgrstuvwxyz
gives the full legal description of
this property.
Effective Date:This Ordinance By �
shall take effect upon publication.
Laurie A. Hartmann
Nancy Tyra-Lukens,Mayor
ATTEST: Kathleen Port a,City
Clerk
I (A full copy of the text of this Subscribed and swom before me on
Ordinance is available from City
Clerk.)
(Published in the Eden Prairie
News on Thursday, December 13, this day of -k-,_2012
2012;No.3456)
JYMME JEANNME BARK
N jublic NOTARY PUBLIC-MINNESOTA
MY WMMIOSION EXPIRES 01/31/13
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