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Home My WebLink AboutOrdinance - 38-93-PUD-13-93 - Boulder Pointe 5th Addition Rezoning from Rural to PUD-13-93-R1-13.5 - 09/07/1993 BOULDER POINTE 5TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 38-93-PUD-13-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MQNNESOTA, 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 beplaced in the Planned Unit Development RI-13.5-38-93-PUD-13-93(hereinafter"PUD-13-93-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 21, 1993, entered into between Boulder Pointe 5th Addition, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-13-93-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-13-93-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-13-93-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-13-93-R1-13.5 are justified by the design of the development described therein. D. PUD-13-93-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 13-93-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 7th day of September, 1993, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on 21st day of September, 1993. ATTEST: Jo rane, City Clerk Douglas B. T npas, Mayor PUBLISHED in the Eden Prairie News on CEP 3 0 le-93 Exhibit "A" Outlot B, Boulder Pointe 2nd Addition BOULDER POINTE 5TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 38-93-PUD-13-93 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 REFRF.RENCE 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 Boulder Pointe Road and Mitchell Road, from Rural to R1-13.5, 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/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the UP 0 1093 (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing 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 BOULDER POINTE 5TH ADDPTION stated as follows: CITY OF EDEN PRAIRIE (A)This newspaper has complied with the requirements constituting qualification as a legal HENNEPIN COUNTY,MINNESOTA newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as ORDINANCE NO.38-93-PUD-13-93 amended. AN ORDINANCE OF THE CITY ^ OF EDEN PRAIRIE, MINNESOTA, (B)The printed public notice that is attached to this Affidavit and identified as No. REMOVING CERTAIN LAND FROM was published on the date or dates and in the newspaper stated in the attached Notice,and said ONE ZONING DISTRICT AND PLAC- Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of ING IT IN ANOTHER, AMENDING the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both THE LEGAL DESCRIPTIONS OF inclusive,and is hereby acknowledged as be*kinndype used in the composition LAND IN EACH DISTRICT, AND and publication of the Notice: ADOPIM BY REFERENCE CITY CODE CHAPTER 1 AND SECTION abcdefghij11.99, WHICH, AMONG OTHER THINGS.CONTAIN PENALTY PRO- VISIONSTHECITYCOUNCILOFTHECITY BRolfsrud, General Manager OF EDEN PRAIRIE, MINNESOTA ORDAINS: Summary: This ordinance allows Subscribed and sworn before me on f, GWEN M.RADUENZ rezoningof land located atBoulderPointe j i��' NOTARY PUBLIC-MINNESOTA Road and Mitchell Road,from Rural to c SCOTT COUNTY R1-13.5,subject to the terms and condi- �/ .� My Commission Expires Feb.24,1999 tions of a developers agreement. Ex- this ? v't day of LV1993 rxayf�w►vtasas hibit A, included with this Ordinance, gives the full legal description of this property. Effective Date:This Ordinance shall take effect upon publication. Notary Public ATTEST: /s/John D.Franc City Clerk /s/Douglas B.Tenpas Mayor (A full copy of the text of this Ordi- nance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,September30,1993;No.6903) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$10.13 per column inch Maximum rate allowed by law for the above matter ..........................$10.13 per column inch Rate actually charged for the above matter......................................:... $6.49 per column inch