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HomeMy WebLinkAboutOrdinance - 10-90-PUD-5-90 - Bluffs East 7th Rural to RM 6.5 - 02/20/1990 BLUFFS EAST 7TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 10-90-PUD-5-90 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 10-90-PUD-5-90 District (hereinafter "PUD 5-90 RM-6.511) . Section 3 . The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 17, 1990, entered into between Hustad Development Corporation, a Minnesota corporation, and the City f Eden Prairie (hereinafter "Developer's Agreement") . The Developer's greement contains the terms and conditions of PUD 5-90 RM-6.5, and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 5-90 RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD 5-90 RM-6.5 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 5-90 RM-6.5 are justified by the design of the development described therein. D. PUD 5-90 RM-6.5 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 5-90 RM-6.5 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 40efinitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereb 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 20th day of February, 1990, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of April, 1990. ATTEST: John D e, City Clerk 1 Gary D. ete Corr, Mayor - PUBLISHED in the Eden Prairie News on the 17th day of May , 1990. • EXHIBIT A Bluff E. 7th Addition Guide Plan Change That part of Outlot D, BLUFFS EAST SIXTH ADDITION described as follows: Beginning at the Southeast corner of said Outlot D; thence South 86 degrees 14 minutes 58 seconds West 613.42 feet; thence North 3 degrees 45 minutes 02 seconds West 90 feet; thence North 86 degrees 14 minutes 58 seconds East 218 feet; thence North 3 degrees 45 minutes 02 seconds West 45 feet; thence North 86 degrees 14 minutes 58 seconds East 408 feet to the East line of said Outlot D; thence South 0 degrees 15 minutes 28 seconds West 135.5 feet to the point of- beginning. P.U.D. Concept Amendment and District Review All of Bluffs West 6th Addition; and All of Bluffs East 4th Addition; and All of Bluffs East 5th Addition; and All of Bluffs East 6th Addition; and All of Creek Knolls, except Lots 1 through 7, Block 1, Lots 5 through 7, Block 2, and Lots 1 through 5, Block 3, in said Creek Knolls. according to the recorded plats thereof, Hennepin County, Minnesota. Zoning District Change and Site Plan Review That part of Outlot D lying east of a line described as commencing at the southeast corner of said Outlot D; thence South 86 degrees 14 minutes 58 seconds West 613.42 feet to the point of beginning of line to be described; thence North 3 degrees 45 minutes 02 seconds West 145.00 feet; thence North 23 degrees 47 minutes 27 seconds 'West 256.33 feet to the north line of said Outlot D and there terminating, also, the South 35.00 feet of Outlot E, Bluffs East Sixth Addition, according to the recorded plat thereof. Preliminary Plat Outlot D, and the South 35.00 feet of Outlot E, Bluffs East Sixth Addition, according to the recorded plat thereof. lglble7 Bluffs East 7th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 10-90-PUD-5-90 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTION OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9, 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 Bluff Road, west of County Road #18 from the Rural District to the PUD 5-90- RM-6.5 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: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the 17th day of May, 1990. (A full copy of the text of this Ordinance is available from the City Clerk. ) Affidavit of Publication - - - Southwest Suburban Publishing ti State of Minnesota ) 1 = - )SS. © = County of Hennepin ) MG. IT.IN ANOTHER,, AML4DIND TIE L66AL OF LAND Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper}mown IN EACH DISTRICT, AND A 7'- as the Eden Prairie News and has full knowledge of the facts herein stated as follows: INO BY REFERENCE CITY CODE (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided CHAPTER 1 AND SECTION 11.9, by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. WWCH, AMONG OTHER 'THINGS, CONTAJN PENALTY PROVISIONS. (B)Me printed public notice that is attached to this Affidavit and identified as No..159&4 •was published on THE CFTY€OUNCIL OF THE CITY the date or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part OF EDEN PRAIRIE, MWNESOTA, of this affidavit. Said notice was cut form the columns of the newspaper specified. Printed below is a copy of the ORDAINS. lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used • Sumt This Ordinance allows in the composition and publication of the Notice: Road, t cl City Read#18 from the abrdefghijklmnopgrstuvwxyz Lit RUM tri+ct to the PUD 5-90-RM-6.5 District,subject to du UTM and oattdi- dM of 2 devclCiper% meta. Ex- . 1 A, 1 1W Ibb O"Snanc:e, By: ttte 1W kv d=cfipdm of this n KoI d,Generpi Manager Imo.lbk ofeassiD atttyll Subscribed and sworn before me on eritot tipasa -------------- John D.Fran, THERESA M. LAW City t3erk this day of ,1990 NOTARY PUBUC Ganry D.Peterson, 0HENNEPIN COUNTY Mayor MY COMMISSION EXPIRES 3 3-W (A M w"of the text of this Ordinance is available from the Clerk.) (Pub{ishs is the l ea Pr News otary ublic Thufaft May 17, 19 ,Nd 5866) - - RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.............................. $9.44 per column inch Maximum rate allowed by law for the above matter ............................................................ $9.44 per column inch Rate actually charged for the above matter............................................................................ $5.56 per column inch