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HomeMy WebLinkAboutOrdinance - 8-88 PUD 1-88 - Creekview Addition (aka Bell Oaks) Rezoning from Rural to R1-13.5 - 01/19/1988 Creekview Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-88-PUD-1-88 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 District and be placed in the Planned Unit Development 1-88- R1-13.5 District (hereinafter "PUD 1-88-R1-13.511). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 5, 1988, entered into between Bell Oaks Company, a Minnesota corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement") and that certain supplement to the Developer's Agreement, dated as of April 5, 1988, entered into between Eden River Bluffs Partnership and the City of Eden Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms and conditions of PUD 1-88- R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 1-88-R1-13.5 is not in conflict with the goals of the Guide Plan of the City. B. PUD 1-88-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 1-88-R1-13.5, are justified by the design of the development described therein. D. PUD 1-88-R1-13.5 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 Rural District and shall be included hereafter in the Planned Unit Development 1-88-R1-13.5 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 19th day of January, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of April, 1988. ATTEST: a ;4L, John r ne, City Clerk ary D. eters6n, Mayor PUBLISHED in the Eden Prairie News on the 18th day of May. 1988 EXHIBIT A PROPOSED REZONING-CREEKVIEW That part of the Southeast Quarter of the Northwest Quarter and that part of . the Southwest Quarter of the Northwest Quarter of Section 36 , Township 116 North, Range 22 West of the northerly right-of-way line of River View Road and southerly of the folowing described line : Commencing at the Northwest corner of said Southwest Quarter of the Northwest Quarter of Section 36; thence on an assumed bearing of South 88 degrees 35 minutes 07 seconds East, along the North line of said Southwest Quarter of the Northwest Quarter a distance of 750 .00 feet to the point of beginning of the line to be described; thence South 63 degrees 34 minutes 49 seconds East a distance of 337.73 feet; thence North 88 degrees 34 minutes 13 seconds East a distance of 181.15 feet; thence South 88 degrees 35 minutes 07 seconds East a distance of 72.82 feet; thence South 56 degrees 25 minutes 26 seconds East a distance of 426.22 feet; thence 78 degrees 35 minutes 41 seconds East a distance of 353.99 feet; thence South 65 degrees jy 11 minutes 18 seconds East a distance of 219 . 24 feet; thence s South 51 degrees 43 minutes 55 seconds East a distance of 319 .70 feet; thence South 15 degrees 03 minutes 16 seconds East a distance of 300 .31 feet thence South 23 degrees 58 minutes 14 seconds East a distance of 196.03 feet, more or less, to the East line of said Southeast Quarter of the Northwest Quarter of Section 36 and said line there terminating. The above described property contains 49.57 Acres. March 28 , 1988 Creekview Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-88-PUD-1-88 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 north of Riverview Road, southwest of Purgatory Creek, and south of Bluffs East 4th Addition from the Rural District to the PUD-1-88-R1-13.5 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. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the 18th day of May 1988. (A full copy of the text of this Ordinance is available from the City Clerk.) Affidavit of Publication Southwest Suburban Publishing Inc. Creekview Addition PUBLIC NOTICE CITY OF EDEN PRAIRIE ` HENNEPIN COUNTY,MINNESOTA State of M i n n esota ORDINANCE NO.>f-88-PUD-1-M SS- AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA Count of Hennepin REMOVING CERTAIN LAND FQ Y Pin ONE ZONING DISTRICT AND PLACING IT ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as IN EACH DISTRICT, AND ADOPTING the Eden Prairie News and has full knowledge of the facts herein stated as follows: B Y REFERENCE CITY CODE (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided by CHAPTER 1 AND SECTION ODE Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. 11.99, WHICH, AMONG OTHER THINGS, (B)The printed public notice that is attached to this Affidavit and identified as No. ,was published on the date CONTAIN PENALTY PROVISIONS or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part or this Af- THE CITY COUNCIL OF THE CITY fidavit.Said notice was cut from the columns of the newspaper specked.P. ted below is a copy of the lower case OF EDEN PRAIRIE, MINNESOTA, alphabet from A to Z,both inclusive,and is hereby acknowledged as being the and ize of type used in the composition ORDAINS: and publication of the Notice: Summary: This Ordinance allows abcdefghijkhnnopgrstua rezoning_ of land located north of Riverview Road,southwest of Purgatory Creek, and south of the Bluffs East 4th By. Addition from the Rural District to the PUD-141&R1-13.5 District,subject to the Stan R s d Ma g terms and conditions of a developer's agreement.Exhibit A,included with this Subscribed and sworn before me on Ordinance, gives the full legal descrip- tion of this property. Effective Date: This Ordinance shall take effect upon publication. a� LAURIE A.HARTMANN ATTEST: this day of f&t 1988 a NOTARYPOEW—MiNNESOTA I City Clerk D.FRANE �' 's MYCOM►IISSME)P SCOTTCOU8.12-s3 GARY D.PETERSON Mayor (A full copy of the text of this Or- - - - dinance is available from the City Clerk.) it (Publlslted in the Eden Prairie News Wednesday,May 18,1988;No.5M) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space..$7.60 per column inch Maximum rate allowed by law for the above matter.....................$7.60 per column inch Rate actually charged for the above matter............................$5.04 per column inch