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HomeMy WebLinkAboutOrdinance - 19-2013-PUD-10-2013 - St. Andrews Haven - 12/12/2013 ST. ANDREW HAVEN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-2013-PUD-10-2013 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 R1-13.5 Zoning District 19-2013-PUD-10-2013 (hereinafter "PUD-10-2013-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of December 3, 2013 entered into between J. David Management LLC and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-10-2013-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-10-2013-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-10-2013-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-10-2013-R1-13.5 are justified by the design of the development described therein. D. PUD-10-2013-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 R1-22 Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-10-2013-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 15`h day of October, 2013, 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 3`d day of December, 2013. ATTEST: K leen Porta, City Clerk y - ens, a or PUBLISHED in the Eden Prairie News on December 12, 2013. EXHIBIT A St. Andrew Haven — Legal Description: Lot 21, Auditor's Subdivision No. 225, Hennepin County, Minnesota, EXCEPT that part taken for road by Final Certificate filed May 6, 1982 in the Hennepin County Recorder's Office as Document Number 4714946, described as follows: All that part of said Lot 21, Auditors Subdivision No. 225 which lies Easterly of a line drawn parallel with and distant 50 feet Westerly of the following described line: Beginning at the Northeast corner of the Northwest Quarter of Section 10, Township 116, Range 22, Hennepin County, Minnesota; thence run South along the North-South center line of said section for a distance of 856.15 feet; thence deflect right along a tangential curve having a radius of 1432.40 feet (delta angle 46 degrees 45 minutes 31 seconds) for a distance of 1168.96 feet, and there terminating. ST. ANDREW HAVEN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 19-2013-PUD-10-2013 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 13618 St. Andrew Drive from the R1-22 Zoning District to the R1-13.5 Zoning District on 1.7 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: Kath en. Porta, City Clerk an a- e s, a or PUBLISHED in the Eden Prairie News on December 12, 2013. (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 ST.ANDREW HAVEN publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts SUMMARY OF ORDINANCE NO.19-2013-PUD-10-2013 herein stated as follows: AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, (A) This newspaper has complied with the requirements constituting qualification as a legal REMOVING CERTAIN LAND FROM newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as ONE ZONING DISTRICT AND PLACING amended. IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN (B)The printed public notice that is attached to this Affidavit and identified as No. 3 EACH DISTRICT,AND ADOPTING BY was published on the date or dates and in the newspaper stated in the attached Notice and said REFERENCE CITY CODE CHAPTER 1 Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of AND SECTION 11.99,WHICH,AMONG the newspaper s specified.Printed below is a co of the lower case alphabet from A to Z,both OTHER THINGS,CONTAIN PENALTYP PY P PROVISIONS inclusive,and is hereby acknowledged as being the kind and size of type used in the composition THE CITY COUNCIL OF THE CITY and publication of the Notice: OF EDEN PRAIRIE, MINNESOTA, ORDAINS: abcdefghijklmnopgrstuvwxyz The following is only a summary of Ordinance No. 19-2013. The full text is ( � / available for public inspection by any person during regular office hours at the B Office of the City Clerk. Summary: This ordinance allows Laurie A.Hartmann rezoning of land located at 13618 St. Andrew Drive from the R1-22 Zoning District to the R1-13.5 Zoning District Subscribed and sworn before me on on 1.7 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall this day of 2013 take effect upon publication. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen.Porta,City Clerk (Published in the Eden Prairie News on Thursda December 122013•No.3597 FE MRKNESOTANo lic *NO ES 01MI',"8 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