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HomeMy WebLinkAboutOrdinance - 6-2019-PUD-4-2019 - Ground Storage Water Reservoir and Pump House - 03/14/2019 GROUND STORAGE WATER RESERVOIR AND PUMP HOUSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 6-2019-PUD-4-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, PLACING CERTAIN LAND IN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN THE 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 placed in the Public Zoning District as noted in Exhibit A 6-2019-PUD-42019 (hereinafter "PUD-4-2019-PUB Section 3. The City Council hereby makes the following findings: A. PUD-4-2019-PUB is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-4-2019- PUB 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-4-2019-PUB are justified by the design of the development described therein. D. PUD-4-2019- PUB 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 4. The proposal is hereby adopted and the land shall be, and hereby is placed in the Public Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-4-2019-PUB-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 5. 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 6. Planned Unit Development PUD-4-2019- PUB includes the following waivers: A. Building Materials: City Code requires buildings in the Public Zoning District to include at least three contrasting yet complimentary Class I materials such as glass, brick, and stone. The waiver allows the applicant to use fiber-cement lapboard siding to resemble wood siding. B. Building Color: City Code requires buildings in the Public Zoning District to include one color variation. The waiver allows the applicant to use a single color to resemble the original depot. C. Fence Height: City Code allows fences up to 7 feet high. The waiver allows the applicant to use fences with a maximum height of 8 feet. 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 19th day of February, 2019, 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 5th day of March, 2019. ATTEST: Kathleen orta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on March 14, 2019. EXHIBIT A Placed in Public Zoning District Legal Description That part of Tracts A and B described below: Tract A The west 800 feet of the North Half of the Southwest Quarter of the Northwest Quarter of Section 16, Township 116 North, Range 22 West, Hennepin County, Minnesota; excepting therefrom the right of way of the Chicago and North Western Transportation Company (formerly the Minneapolis and St Louis Railroad) as now located and established and that part of the east 740 feet of the Southeast Quarter of the Northeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota, lying southerly and easterly of the southeasterly right of way line of the Chicago and North Western Transportation Company (formerly the Minneapolis and St. Louis Railroad) as now located and established and northerly of the northerly right of way line of Scenic Heights Road as now located and established, lying westerly of a line run parallel with and distant 100 feet southeasterly of the following described line: Beginning at a point on the east and west quarter line of said Section 17, distant 334.92 feet west of the east quarter corner thereof; thence run northeasterly at an angle of 57 degrees 06 minutes 56 seconds from said east and west quarter line (measured from east to north) for 1700 feet and there terminating; Tract B Lots 17, 18, 19, 20 and 21, Block 1, Eden School Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies within Line 1 described below: Commencing at Right of Way Boundary Corner 818 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-84 as the same is on file and of record in the office of the County Recorder in and for said Hennepin County; thence southwesterly on an azimuth of 223 degrees 10 minutes 44 seconds along the boundary of said plat for 1497.23 feet to Right of Way Boundary Corner B 17 and the point of beginning of Line 1 to be described; thence on an azimuth of 43 degrees 10 minutes 44 seconds along the boundary of said plat for 631.32 feet; thence on an azimuth of 202 degrees 38 minutes 18 seconds for 133.74 feet; thence on an azimuth of 213 degrees 42 minutes 09 seconds for 1495.75 feet; thence on an azimuth of 277 degrees 04 minutes 20 seconds for 363.00 feet; thence on an azimuth of 43 degrees 11 minutes 00 seconds for 1183.17 feet to the point of beginning; containing 6.55 acres, more or less; Subject to the following restriction: No access shall be permitted to Trunk Highway No. 212 from the lands herein conveyed. GROUND STORAGE WATER RESERVIOR& PUMP HOUSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 6-2019-PUD-4-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located between Highway 212 and the Minnesota River Bluffs LRT Regional Trail approximately 1,400 feet east of Eden Prairie Road within the Public Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: / Z r -- Kath en Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on March 14, 2019. (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 Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the HENNEPIN COUNTY, publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and MINNESOTA has full knowledge of the facts herein stated as follows: GROUND STORAGE WATER RESERVIOR&PUMP HOUSE (A)This newspaper has complied with the requirements constituting qualification as a legal SUMMARY OF ORDINANCE newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as NO.6-2019-PUD-4-2019 amended. AN ORDINANCE OF THE l CITY OF EDEN PRAIRIE, (B)The printed public notice that is attached to this Affidavit and identified as No. 3 MINNESOTA,AMENDING THE was published on the date or dates and in the newspaper stated in the attached Notice and said ZONING OF CERTAIN LAND Notice is herebyincorporated as art of this Affidavit.Said notice was cut from the columns of WITHIN ONE DISTRICT, AND the newspaper s specified.Printed below is a co of the lower case alphabet from A to Z,both ADOPTING BY REFERENCEP PY P CITY CODE CHAPTER 1 AND inclusive,and is hereby acknowledged as being the kind and size of type used in the composition SECTION 11.99,WHICH,AMONG and publication of the Notice: OTHER THINGS, CONTAIN PENALTY PROVISIONS abcdefghijklmnopqrstuvwxyz THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, h MINNESOTA,ORDAINS: y Summary: This ordinance allows amendment of the zoning of land located between Laurie A.Hartmann Highway 212 and the Minnesota River Bluffs LRT Regional Trail approximately 1,400 feet east of Subscribed and sworn before me on Eden Prairie Road within the Public Zoning District. Exhibit A,included with this Ordinance, gives the full legal description of this day of 2019 this property. Effective Date: This Ordinance shall take effect upon publication. JYMME JEANNETTE BARK Ronald A.Case,Mayor NOTARY PUBUC MINNESOTA ATTEST: Kathleen Porta,City _ Clerk MY COMMISSION EXPIRES 01/31/23 (A full copy of the text of N u lic this Ordinance is available from City Clerk.) (Published m the Eden Prairie News on Thursday, March 14, 2019:No 3502) 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...............................................$13.62 per column inch