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HomeMy WebLinkAboutOrdinance - 12-2019-PUD-6-2019 - Smith Village - 05/16/2019 SMITH VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-2019-PUD-6-2019 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 Public and Industrial General Zoning District and be placed in the RM-2.5 Zoning District as noted in Exhibit A 12-2019-PUD-6-2019 (hereinafter "PUD-6-2019- RM-2.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreements dated as of May 7, 2019 entered into between United Properties Development , LLC, CB Eden Prairie Housing Limited Partnership and Halley Land Corporation, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreements contain the terms and conditions of PUD-6-2019-RM-2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-6-2019- RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2019- RM-2.5 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-6-2019-RM-2.5 are justified by the design of the development described therein. D. PUD-6-2019-RM-2.5 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 Public and Industrial General and placed in the RM-2.5 Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-6- 2019-RM-2.5 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 13th day of November, 2018, 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 7th day of May, 2019. ATTEST: 46 04., Kath en Porta, City Clerk Ronald A. Case Mayor PUBLISHED in the Eden Prairie News on May 16, 2019. EXHIBIT A Public and Industrial General Zoning District to RM2.5 Zoning District Legal Description Prior to Final Plat: Lots 2 and 3 Legion Park, Hennepin County, Minnesota Legal Description After Final Plat: Lots 1-5 and Outlot A, Smith Village, Hennepin County SMITH VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 12-2019-PUD-6-2019 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 the rezoning of land located at 16389 and 16397 Glory Lane from Public and Industrial General Zoning Districts to RM-2.5. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: &x- RaTeen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on May 16, 2019. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Public and Industrial General Zoning District to RM2.5 Zoning District Legal Description Prior to Final Plat: Lots 2 and 3 Legion Park, Hennepin County, Minnesota Legal Description After Final Plat: Lots 1-5 and Outlot A, Smith Village, Hennepin County Affidavit of Publication Southwest Newspapers State of Minnesota ) )SS. County of Hennepin ) CITY OF EDEN PRAIRIE. HENNEPIN COUNTY, Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the MINNESOTA publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and SMITH VILLAGE has full knowledge of the facts herein stated as follows: SUMMARY OF ORDINANCE NO.12-2019-PUD-6-2019 (A)This newspaper has complied with the requirements constituting qualification as a legal AN ORDINANCE OF THE newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as CITY OF EDEN PRAIRIE, amended. MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND �� WITHIN ONE DISTRICT, AND (B)The printed public notice that is attached to this Affidavit and identified as No. ADOPTING BY REFERENCE was published on the date or dates and in the newspaper stated in the attached Notice and said CITY CODE CHAPTER 1 AND Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of SECTION 11.99,WHICH,AMONG the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both OTHER THINGS, CONTAIN inclusive,and is hereby acknowledged as being the kind and size of type used in the composition PENALTY PROVISIONS and publication of the Notice: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: abcdefghijklmnopgrstuvwxyz Summary: Thja ardariance allows the rezoning of land located at 16389 and 16397 Glory By: ' fXUV� 4MfW� Lane from PubUwmd Induo3rja1 General Zoning Districts to RM- Laurie A.Hartmann 2.5. Exhibit A,included with this Ordinance, gives the�,W1 legal description r1Pe Date: Subscribed and sworn before me on Effective Date: This Ordinance shall take effect upon publication. Ronald A.Case,Mayor ATTEST: Kathleen Porta,City this �' day of 2019 Clerk (A full copy of the text of this Ordinance is available from @'':`" JYMME JEANNETTE BARK City Clerk.) " lin (Published NOTARY PUBLIC MINNESOTA the Eden Prairie r k MY COMMISSION EXPIRES 01131 News on Thursday,May 16,2019; No.3536) Not blic 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