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Home My WebLink AboutOrdinance - 9-2017-PUD-3-2017 - Kopesky 2nd Addition - 06/22/2017 KOPESKY 2" ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-2017-PUD-3-2017 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 Zoning District 9-2017-PUD-3-2017 (hereinafter " PUD-3-2017-R 1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June 13, 2017 entered into between Wayne L. Kopesky and Randy J. Kopesky,, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-3-2017-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-3-2017-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-2017-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-3-2017-R1-13.5 are justified by the design of the development described therein. D. PUD-3-2017-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 Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-3-2017-R1-13.5 and the legal description of land in the district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and is 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 18th day of April, 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 131'day of June, 2017. ATTEST: W1-/r1//Lr ZZA-.11 A /9&- ooze-- Kath en Porta, City Clerk ancy a-L ens, a r PUBLISHED in the Eden Prairie News on June 22, 2017. EXHIBIT A Rural Zoning District to R1-13.5 Legal Description Before Final Plat The West 330 feet of the South Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 18, Township 116, Range 22, Except the South 1 Rod Thereof, Hennepin County, Minnesota. Legal Description After Final Plat Lots 1-8, Block 1; Kopesky 2"d Addition KOPESKY 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 9-2017-PUD-3-2017 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 at east of Dell Road and north of W. 82"d Street from Rural Zoning District to R1-13.5 Zoning Districts on 4.14 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 ieZ� Kat een Porta, City Clerk y en Mayor PUBLISHED in the Eden Prairie News onJ une 22, 2017. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Rural Zoning District to 111-13.5 Legal Description Before Final Plat The West 330 feet of the South Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 18, Township 116, Range 22, Except the South 1 Rod Thereof, Hennepin County, Minnesota. Legal Description After Final Plat Lots 1-8, Block 1; Kopesky 2"d Addition Affidavit of Publication Southwest Newspapers CITY OF EDEN PRAIRIE HENNEPIN COUNTY, State of Minnesota ) MINNESOTA SUMMARY OF ORDINANCE )SS. NO. 9-2017-PUD-3-2017 County of Hennepin ) AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the PLACING IT IN ANOTHER, publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and AMENDING THE LEGAL has full knowledge of the facts herein stated as follows: DESCRIPTIONS OF LAND IN EACH DISTRICT, AND (A) This newspaper has complied with the requirements constituting qualification as a legal ADOPTING BY REFERENCE CH CITY CODE CHAPTER 1 AND newspaper,as p y provided b Minnesota Statute 331A.02,331A.07,and other applicable laws,as SECTION 11.99,WHICH,AMONG mended. OTHER THINGS, CONTAIN C PENALTY PROVISIONS (13)The printed public notice that is attached to this Affidavit and identified as No. THE CITY COUNCIL OF was published on the date or dates and in the newspaper stated in the attached Noti—ce—and said THE 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 Summary: This ordinance inclusive,and is hereby acknowledged as being the kind and size of type used in the composition allows rezoning of land located and publication of the Notice: at east of Dell Road and north p of W. 82nd Street from Rural Zoning District to R1.13.5 Zoning abcdefghijklmnopgrstuv xy Districts on 4.14 acres. Exhibit A,included with this Ordinance, J gives the full legal description of this property. BY: Effective Date: This Laurie A.Hartmann Ordinance shall take effect upon publication: Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City Subscribed and sworn before me on Clerk (A Hill copy of the text of this Ordinance is available from City Clerk.) this day of 2017 (Published in the Eden Prairie News on Thursday,June 22,2017; No 3198) J`Nr1k1E JEANNETi E MAK Z� YC"AAY PUBJC-M NESOTA Nfj blic "�'i�i`.� �"�CC�AMSSfON EXP;,RES 01�31118 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