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HomeMy WebLinkAboutOrdinance - 41-88-PUD-12-88 - Cheyenne Place Rezoning from Rural to PUD-12-R1-13.5 - 09/06/1988 CITY OF EDEN PRAIRIE Cheyenne Place HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 41-88-PUD-12-88 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 12-88- R1-13.5 District (hereinafter "PUD 12-88-R1-13.511). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 4, 1988, entered into between Westar Properties, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement") . The Developer's Agreement and Supplement contain the terms and conditions of PUD 12-88-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 12-88-R1-13.5 is not in conflict with the goals of the Guide Plan of the City. B. PUD 12-88-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 12-88-R1-13.5, are justified by the design of the development described therein. D. PUD 12-88-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 12-88-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 6th day of September, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of October, 1988. ATTEST: John r e, City Clerk Gary . ete,s'on,- Mayor PUBL ED in the Eden Prairie News on the 16th day of November, 1988 EXHIBIT A 'LEGAL DESCRIPTION The East Half of the South West Quarter of the Northeast Quarter and that part of the East Half of the Northwest Quarter of the Southeast Quarter lying North of the centerline of County Road No . 1; all in Section 20-, Township 116, Range 22, Hennepin County, Minnesota. The •West 48 rods of that part of the Northeast Quarter of the Southeast Quarter lying north of County Road No . 1, Section 26, Township 116 , Range 2Z, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE Cheyenne Place HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 41-88-PUD-12-88 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 County Road , west of County Road #4, from the Rural District to the 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 16th day of November , 1988. (A full copy of the text of this Ordinance is available from the City Clerk.) Affidavit of Publication Southwest Suburban Publishing Inc. PUBLIC NOTICt, ti Cheyenne Place, ; CITY OF EDEN PRAHUE, HENNEPIN COUNTY, r�N�IESOTA State of Minnesota ) ORDINANCE NO. 41-88-PUD-12-88 11 AN ORDINANCE OF THE CITY )SS. OF EDEN PRAIRIE, MINNESOTA, Count of Hennepin REMOVING CERTAIN LAND FROM Y ) ONE ZONING DISTRICT AND PLAC- ING IT IN ANOTHER, AMENDING Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known a THE LEGAL DESCRIPTIONS OFLAND the Eden Prairie News and has full knowledge of the facts herein stated as follows: IN EACH DISTRICT, AND ADOPT- (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided b ING BY REFERENCE CITY CODE Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. CHAPTER i AND SECTION 11.99, (B)The printed public notice that is attached to this Affidavit and identified as No. was published on the data WHICH AMONG OTHER THINGS, or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part of this Af CONTAIN PENALTY PROVISIONS fidavit.Said notice was cut from the columns of the newspaper specked Printed below is a copy of the lower cask THE CITY COUNCIL OFTHE CITY alphabet from A to Z,both inclusive,and is hereby acknowledged as being e " d and size of type used in the compositioi OF EDEN PRAIRIE, MINNESOTA, and publication of the Notice: abcdefghijlclmnopgrstu ORDAINS: Summary: This Ordinance allows rezoning of land located north of County Road No.1,west of County Road No.4, By: from the Rural District to the R1-135, o eral agar District,subject to the terms and condi- tions of a developer's agreement. Ex- Subscribed and sworn before me on hibit A, included with this Ordinance, gives the full legal description of this property- EfI ective Date:This Ordinance shall --� take effect upon publication. this day of ATTEST: . ;, LAURIE r i�.4Tt �adt� John D. Fran, z =f SCOTTCOUNTY City Clerk WCOM+.1issKon EXPIRES&12.93 Gary D. Peterson, Mayor (A full copy of the text of this Ordinance is available from the City Clerk.) RATE INFORMATION (Published in the Eden Prairie News Wednesday, November 16, 1988; No. Lowest classified rate paid by commercial users for comparable space..$7.60 per column inc, 5292) Maximum rate allowed by law for the above matter.....................$7.60 per column inc Rate actually charged for the above matter..........:.................$5.04 per column incl s