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Home My WebLink AboutOrdinance - 48-88-PUD-13-88 - Bluestem Hills 5th Addition Rezoning from Rural to R1-13.5 and w/in R1-13.5 - 10/04/1988 Bluestem Hills 5th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 48-88-PUD-13-88 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 in said Exhibit A which is zoned Rural be removed from the Rural District and together with the land in Exhibit A zoned R1-13.5 and be placed in the Planned Unit Development 12-88-R1-13.5 District (hereinafter "PUD 13-88-R1-13.511). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 1, 1988, entered into between Brown Land Company and the City of Eden Prairie (hereinafter "Developer's Agreement") . The Developer's Agreement contains the terms and conditions of PUD 13- . 88-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 13-88-R1-13.5 is not in conflict with the goals of the Guide Plan of the City. B. PUD 13-88-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, which are contained in PUD 13-88-R1-13.5, are justified by the design of the development described therein. D. PUD 13-88-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, and shall be included hereafter in the Planned Unit Development 13-88-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 4th day of October, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 1st day of November, 1988. ATTEST: John . ne, City Clerk Gary D. ete n y ayor PU ISHED in the Eden Prairie News on the 16th day of November, 1988 BLUESTEM HILLS 5TH ADDITION P.U.D. Concept Review & P.U.D. District Review Lots 1-3, Block 1, Lots 1-4, Block 2, Outlots . A and B; Bluestem Hills 4th Addition, according to the recorded plat thereof. Also, the northwest Quarter of the Southeast Quarter of the Southeast Quarter and the North 40.00 feet of the East half of the Southeast Quarter of the Southeast Quarter, all in Section 26, Township 116 North, Range 22 West of the 5th Principal Meridian. Zoning District Amendment Outlots A and B, Bluestem Hills 4th Addition, according to the recorded plat thereof. Zoning District Change from Rural to R1-13.5 The northwest Quarter of the Southeast Quarter of the Southeast Quarter and the North 40.00 feet of the East half of the Southeast Quarter of the Southeast Quarter, all in Section 26, Township 116 North, Range 22 West of the 5th Principal Meridian. Preliminary Plat • The northwest Quarter of the Southeast Quarter of the Southeast Quarter and the North 40.00 feet of the East half of the Southeast Quarter of the Southeast Quarter, all in Section 26, Township 116 North, Range 22 West of the 5th Principal Meridian. Also, Outlots A and B, Bluestem Hills 4th Addition, according to the recorded plat thereof. Bluestem Hills 5th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 48-88-PUD-13-88 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 amendment of zoning within the R1- 13.5 District and rezoning of land from the Rural District to the PUD-13-88-R1-13.5 District, located west of Bluestem Lane, north of Purgatory Creek, 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 16thday of November , 1988. (A full copy of the text of this Ordinance is available from the City Clerk.) Affidavit of Publication PUBLIC NOTICE Southwest Suburban Publishing Inc. Bluestem Hills 5th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 48-88-PUD-13-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, State of Minnesota REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLAC- )SS. ING IT IN ANOTHER, AMENDING County of Hennepin THELEGALDESCRIPTIONS OFLAND IN EACH DISTRICT, AND ADOPT- ING BY REFERENCE CITY CODE Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper(mown a: CHAPTER 1 AND SECTION 11.99, the Eden Prairie News and has full knowledge of the facts herein stated as follows: WHICH AMONG OTHER THINGS, (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided b CONTAIN PENALTY PROVISIONS Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. 'Iim CITY COUNCIL OFTHE CITY (B)The printed public notice that is attached to this Affidavit and identified as No. 52s 7was published on the date OF EDEN PRAIRIE, MINNESOTA, or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part of this Af ORDAINS: fidavit.Said notice was cut from the columns of the newspaper specified.Printed below is a copy of the lower cas4 Summary: Ordinance allows alphabet from A to Z,both inclusive,and is hereby acknowledged as being ekind a size of type used in thecompositim y and publication of the Notice: amendment of zoning within the R1- abcdefghijk]mnopgr 13.5 District and rezoning of land from the Rural District to the PUD-13-88-R1- 13.5 District, located west of Bluestem By. Lane, north of Purgatory Creek, subject S rat Manger a to the terms and conditions of a devel- oper's agreement. Exhibit A, included with this Ordinance,gives the full legal Subscribed and sworn before me on description of this property. Effective Date:This Ordinance shall take effect upon publication. ATTEST: this JJ�ft 1sa$ John D. Frane, day of , �h LAUR1EA.HARTMANN City Clerk ��; NOTmyFueLr_mINNESOTA Gary D. Peterson, SCOTTCOUNTY Mayor !�GOMMISSK)N WIRES 6.12-93 (A full copy of the text of this Ordinance is available from the City Clerk) (Published in the Eden Prairie News Wednesday, November 16, 1988; No. RATE INFORMATION 5287) Lowest classified rate paid by commercial users for comparable space..$7.60 per column incl Maximum rate allowed by law for the above matter.....................$7.60 per column inct Rate actually charged for the above matter..........:.................$5.04 per column inct