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HomeMy WebLinkAboutOrdinance - 33-85 - Eden Pointe PUD 5-85 RM-6.5 to RM-2.5 - 10/01/1985 Eden Pointe CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 33-85-PUD-5-85 AV 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 RM-6.5 District and be placed in the Planned Unit Development 5-85- RM-2.5 District (hereinafter "PUD 5-85-RM-2.511) . Section 3. The land shall be subject to the terms and conditions of that certain Developer 's Agreement dated as of November 5, 1985, entered into between Eden Pointe Partnership and the City of Eden Prairie (hereinafter "Developer's Agreement") . The Developer 's Agreement is contains the terms and conditions of PUD 5-85-RM-2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 5-85-RM-2.5 is not in conflict with the goals of the Guide Plan of the City. B. PUD 5-85-RM-2.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. a C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in PUD 5-85-RM-2.5, are justified by the design of the development described therein. D. PUD 5-85-RM-2.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is 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 RM-6.5 District and shall be included hereafter in the Planned Unit Development 5-85-RM-2.5 District, 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 1st day of October, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of November, 1985. ATTEST: Joh e, City Clerk Gary et rsb% Mayor P B ISHED in the Eden Prairie News on the 13th day of November, 1985 Y +i rt 1 p f i i i f i Exhibit A s i Legal Description Outlot H, MILLCREEK IST ADDITION, Hennepin County, Minnesota. C � CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 33-85-PUD-5-85 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 the southeast quadrant of County Road #1 (Pioneer Trail ) and Homeward Hills Road, known as Eden Pointe Apartments, from the RM-6.5 District to the PUD-5-85-RM-2.5 District, subject to the terms and conditions of a developer' s agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. i Effective Date: This Ordinance shall take effect upon publication. ATTEST: t /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on thel3th day of November 1985. i t (A full copy of the text of this Ordinance is available from the City Clerk. ) i i f t i z 113) t CITY Affidavit of Publication Southwest Suburban Publishing Inc. =r t+.'� .�� it.•, � -... a. u'� H State of Minnesota ) )SS. . County of Hennepin ) Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows: a (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws.as amended. ) (E)The printed public notice that is attached W this Affidavit and Identified as No. ,was published on the date or dates and In the newspaper stated In the attached Notice,and said Notice is hereby incorporated as part of thin Af- fidavit- Said notice was cut from the columns of the newspaper :pw f[ed- Printed below is a copy of the lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being the and size of type used is the composition and publication of the Notice: Y abcdefghijklrnnopgrstuvwzyz By: ---- -- _ _ Stan Holt Publisher Subscribed and sworn before me on this j46.day of l..fif! .198, urie Hartnusm,Notary Public r, ,' �: ..,.-« •.r rd RATE INFORMATION i Lowest classifled rate paid by commercial users for comparable space....$6.00 per column inch Maximum rate allowed by law for the above matter......................................$4.49 per column inch Rate actually charged for the above matter..........................•........................$4.49 per column inch i t, f h