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HomeMy WebLinkAboutOrdinance - 8-2019-PUD-5-2019 - Stable Path - 04/11/2019 STABLE PATH CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-2019-PUD-5-2019 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 R1-9.5 Zoning District as noted in Exhibit A 8-2019- PUD-5-2019 (hereinafter "PUD-5-2019-R1-9.5 "). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of April 2, 2019 entered into between Wooddale Builders, Inc. and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-5-2019- R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-5-2019-R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2019- 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-5-2019-R1-9.5 are justified by the design of the development described therein. D. PUD-5-2019-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 and placed in the R1-9.5 Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-5-2019-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 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 2"d day of April, 2019. ATTEST: Kathle orta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on April 11, 2019. EXHIBIT A Rural Zoning District to R1-9.5 Zoning District Legal Description Prior to Final Plat: That part of Outlot B, Crestwood 73, according to the recorded plat thereof on file in the office of the Register of Deeds in and for Hennepin County, Minnesota, lying North of a line 403.00 feet South of, measured at a right angle to and parallel with the most Northerly line of said Outlot B; EXCEPT All that part of the northerly 403.00 feet of Outlot B, Crestwood 73, County of Hennepin, State of Minnesota, described as follows: Commencing at the southwest corner of the said northerly 403.00 feet of Outlot B; thence North 00 degrees 15 minutes 01 seconds East, assumed bearing, along the westerly line of the said northerly 403.00 feet of Outlot B, a distance of 66.21 feet; thence North 78 degrees 15 minutes O1 seconds East a distance of 14.40 feet; thence North 00 degrees 02 minutes 23 seconds East a distance of 51.08 feet; thence North 78 degrees 15 minutes 01 seconds East a distance of 26.69 feet; thence South 00 degrees 15 minutes 01 seconds West a distance of 126.81 feet to a point on the southerly line of the said northerly 403.00 feet of Outlot B; thence North 88 degrees 20 minutes 57 seconds West, along said southerly line, a distance of 40.01 feet to the point of beginning. Abstract Property. Legal Description After the Final Plat: Lots 1- 9, Block 1, Lots 1-8, Block 2, and Outlots A-G, Stable Path, Hennepin County, Minnesota STABLE PATH CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 8-2019-PUD-5-2019 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 at 9650 Stable Path within the R1-9.5 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: Kat leen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on April 11, 2019. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Rural Zoning District to R1-9.5 Zoning District Legal Description Prior to Final Plat: That part of Outlot B, Crestwood 73, according to the recorded plat thereof on file in the office of the Register of Deeds in and for Hennepin County, Minnesota, lying North of a line 403.00 feet South of, measured at a right angle to and parallel with the most Northerly line of said Outlot B; EXCEPT All that part of the northerly 403.00 feet of Outlot B, Crestwood 73, County of Hennepin, State of Minnesota, described as follows: Commencing at the southwest corner of the said northerly 403.00 feet of Outlot B; thence North 00 degrees 15 minutes 01 seconds East, assumed bearing, along the westerly line of the said northerly 403.00 feet of Outlot B, a distance of 66.21 feet; thence North 78 degrees 15 minutes O1 seconds East a distance of 14.40 feet; thence North 00 degrees 02 minutes 23 seconds East a distance of 51.08 feet; thence North 78 degrees 15 minutes 01 seconds East a distance of 26.69 feet; thence South 00 degrees 15 minutes 01 seconds West a distance of 126.81 feet to a point on the southerly line of the said northerly 403.00 feet of Outlot B; thence North 88 degrees 20 minutes 57 seconds West, along said southerly line, a distance of 40.01 feet to the point of beginning. Abstract Property. Legal Description After the Final Plat: Lots 1- 9, Block 1, Lots 1-8, Block 2, and Outlots A-G, Stable Path, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA STABLE PATH SUMMARY OF ORDINANCE NO.8-2019-PUD-5-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE Affidavit of Publication CITY CODE CHAPTER 1 AND SECTION 11.99,W Southwest Newspapers CON H,AMONG OTHER THINGS,, CONTAAININ PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: State of Minnesota Summary: This ordinance_ )SS. allows amendment of the zoning of land located at 9650 Stable Path County of Hennepin within the R1-9.5_Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the Ordinance shall take effect upon publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and publication. has full knowledge of the facts herein stated as follows: Ronald A.Case,Mayor ATTEST: Kathleen Porta,City (A)This newspaper has complied with the requirements constituting qualification as a legal Clerk newspaper,as provided b Minnesota Statute 331A.02,331A.07,and other applicable laws,as (A full copy of the text of amended. p y pp this Ordinance is available from City Clerk.) { (Published in the Eden Prairie (B)The printed public notice that is attached to this Affidavit and identified as No. l News on Thursday,April 11,2019; was published on the date or dates and in the newspaper stated in the attached Notice and said No 352d) Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuvwxyz y: � Laurie A.Hartmann Subscribed and sworn before me on this JL day of 2019 JYMME JEANNETTE BARK 4" / NOTARY PUBLIC-MINNESOTA N a I lic — f I�/ [,- - I MY COMMISSION EXPIRES 01131123 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