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HomeMy WebLinkAboutOrdinance - 7-2017-PUD-2-2017 - Cedarcrest Stables - 04/27/2017 CEDARCREST STABLES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-2017-PUD-2-2017 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 Zoning District and be placed in the R1-13.5 and R1-9.5 Zoning Districts 7-2017-PUD-2- 2017 (hereinafter "PUD-2-2017-R1-13.5 & R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of April 18, 2017 entered into between The Pemtom Land Company, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2017-R1-13.5 & R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-2-2017-R1-13.5 & R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2017-R1-13.5 & R1-9.5 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-2-2017-R1-13.5 & R1-9.5 are justified by the design of the development described therein. D. PUD-2-2017-R1-13.5 & R1-9.5 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 Rural Zoning District, and placed in the R1-13.5 and R1-9.5 Zoning Districts and shall be included hereafter in the Planned Unit Development PUD-2-2017-R1-13.5 & R1-9.5 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 7th day of March, 2017, 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 181h day of April, 2017. ATTEST: �lf'A"7-j 4,1"7,/Y Kat een Porta, City C erk y ra- ke ayor PUBLISHED in the Eden Prairie News on April 27, 2017. EXHIBIT A Rural Zoning District to R1-9.5 Legal Description Prior to Final Plat That part of the East Half of the Southwest Quarter of Section 20, Township 116, Range 22, Hennepin County Minnesota, lying southerly of the plat of ENCLAVE 2ND ADDITION and easterly of the plat of BRAXTON WOODS, both according to the recorded plat thereof, said Hennepin County and northerly of a line drawn perpendicular to the east line of said East Half of the Southwest Quarter beginning at a point 843.71 feet north from the southeast corner of said East Half of the Southwest Quarter, as measured along said east line. Legal Description After to Final Plat Lots 1-4 Block 1 and Lots 1-4 Block 2, Cedarcrest Stables Rural Zoning District to R1-13.5 Legal Description Prior to Final Plat That part of the East Half of the Southwest Quarter of Section 20, Township 116, Range 22 and that part of the Northwest Quarter of Section 29, Township 116, Range 22, all in Hennepin County, Minnesota, lying easterly of the plat of BRAXTON WOODS and its southerly extension and northerly of the plat BRAXTON WOODS 2ND ADDITION, both according to the recorded plats thereof, said Hennepin County and southerly of a line drawn perpendicular to the east line of said East Half of the Southwest Quarter, distant 843.71 feet north from the southeast corner of said East Half of the Southwest Quarter, as measured along said east line. Legal Description After to Final Plat Lots 5-13 Block 2, Cedarcrest Stables CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 7-2017-PUD-2-2017 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 Shetland Road and east of Braxton Drive from Rural Zoning District to R1-9.5 and R1-13.5 Zoning Districts. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kat een Porta, City Clerk Na y a-L ens r PUBLISHED in the Eden Prairie News on April 27, 2017. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Rural Zoning District to R1-9.5 Legal Description Prior to Final Plat That part of the East Half of the Southwest Quarter of Section 20, Township 116, Range 22, Hennepin County Minnesota, lying southerly of the plat of ENCLAVE 2ND ADDITION and easterly of the plat of BRAXTON WOODS, both according to the recorded plat thereof, said Hennepin County and northerly of a line drawn perpendicular to the east line of said East Half of the Southwest Quarter beginning at a point 843.71 feet north from the southeast corner of said East Half of the Southwest Quarter, as measured along said east line. Legal Description After to Final Plat Lots 1-4 Block 1 and Lots 1-4 Block 2, Cedarcrest Stables Rural Zoning District to 111-13.5 Legal Description Prior to Final Plat That part of the East Half of the Southwest Quarter of Section 20, Township 116, Range 22 and that part of the Northwest Quarter of Section 29, Township 116, Range 22, all in Hennepin County, Minnesota, lying easterly of the plat of BRAXTON WOODS and its southerly extension and northerly of the plat BRAXTON WOODS 2"ADDITION, both according to the recorded plats thereof, said Hennepin County and southerly of a line drawn perpendicular to the east line of said East Half of the Southwest Quarter, distant 843.71 feet north from the southeast corner of said East Half of the Southwest Quarter, as measured along said east line. Legal Description After to Final Plat Lots 5-13 Block 2, Cedarcrest Stables Affidavit of Publication -------- Southwest Newspapers CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE State Of Minnesota 7-2017-PUD-2-2017 AN ORDINANCE OF THE )SS. CITY OF EDEN PRAIRIE, County MINNESOTA, REMOVING Y Of Hennepin P.n CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL Laurie A. Hartmann,being duly sworn, on oath says that she is the authorized agent of the DESCRIPTIONS OF LAND publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and IN EACH DISTRICT, AND ADOPTING BY REFERENCE has full knowledge of the facts herein stated as follows: CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG (A) This newspaper has complied with the requirements constituting qualification as a legal OTHER THINGS, CONTAIN newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as PENALTY PROVISIONS amended. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, (B)The printed public notice that is attached to this Affidavit and identified as No.�2 MINNESOTA,ORDAINS: was published on the date or dates and in the newspaper stated in the attached Notice and sai 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 the newspaper s specified.Printed below is a co of the lower case alphabet from A to Z,both west of Shetland Road and eastP PY P of Braxton Drive from Rural inclusive,and is hereby acknowledged as being the kind and size of type used in the composition Zoning District to R1-9.5 and Rl- and publication of the Notice: 13.5 Zoning Districts. Exhibit A, included with this Ordinance, abcdefghijklmnopqrstuvwxyz gives the full legal description of this ffeproperty cV Effective Date: This Ordinance shall take effect upon By: V publication. Laurie A.Hartmann Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City Clerk (A full copy of the text of Subscribed and sworn before me on this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on No.3177)Thursday,April 27,2017; this day of 2017 �j - JYVV,E JYE�11d�EY?E BARK N07AR'PI X-M'NNESOTA a ublicL-r; 1,IY(YJMMSS{C EiRES 011 311?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