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HomeMy WebLinkAboutOrdinance - 44-93-PUD-15-93 - Bream Townhouses Rezoning District Amendment and Addition of Planned Unit Development 15-93-RM-6.5 - 11/16/1993 BREAM TOWNHOUSES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 44-93-PUD-15-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MaNNESOTA, AMENDING CERTAIN LAND IN ONE ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTION OF LAND,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 amended within the RM-6.5 Zoning District, 44-93-PUD-15-93 (hereinafter "PUD-15-93-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 21, 1993, entered into between Bream Townhouses, and the City of Eden Prairie(hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-15-93-RM-6.5 and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-15-93-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-15-93-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-15-93-RM-6.5 are justified by the design of the development described therein. D. PUD-15-93-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 amended within the RM-6.5 District and shall be included hereafter in the Planned Unit Development 15-93-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 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 16th day of November, 1993, 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 the 21st day of December, 1993. ATTEST: 0 Jo rane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on EXHIBIT A Legal Description Outlot B Bearpath Addition According to the Recorded Plat thereof Hennepin County, Minnesota. BREAM TOWNHOUSES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNMOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFRERENCE 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 the zoning on land located West of Dell Road and North of Pioneer Trail within the RM-6.5, 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 (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 BREAM TOWNHOUSES of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein CITY OF EDEN PRAIRIE stated as follows: HENN CITY PIN COUNTY,PRAIRIE MINNE TA (A)This newspaper has complied with the requirements constituting qualification as a legal ORDINANCE COUNTO. Y, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as AN ORDINANCE OF THE CITY amended. OF EDEN PRAIRIE, MINNESOTA, (3)The printed public notice that is attached to this Affidavit and identified as No.s�,?, AMENDING THE ZONING OF CER- was published on the date or dates and in the newspaper stated in the attached Notice,and said TAINLAND WITHIN ONEDISTRICT, AND ADOPTING BY REFERENCE Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of AND the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both CITY CODE CHAPTER 1 AND SEC- inclusive,and is hereby acknowledged as being the kin d size of type used in the composition TION 11.99,WHICH,AMONGOTHER THINGS,CONTAIN PENALTY PRO- and publication of the Notice: VISIONS abcdefghijklmno rst xyz THECIT'YCOUNCEL OFTHECITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows amendment of the zoning on land located By: WZAZN West of Dell Road and North of Pioneer Stan Rolfsrud,GemlQ Manager Trail within the RM-6.5, subject to the terms and conditions of a Developer's Subscribed and sworn before me on tww+s+� Agreement. Exhibit A, included with GWEfd h7.RADUENZ this Ordinance, gives the full legal de- r'"''�y scripuion of this property. SCO r r��` t NOTARY FOELtC-MIKNESOTA Effective Date: Thu ordinance is �� ay of 1994 =l ` PAy C'Jstim ss n Ex`fhs Feb-OUNTY 24,1539 effective upon its publication. /a/John D.Fmne,City Clem ' Alf DnSba B.To*w J 4gor (A fib eeeeM�of 60 cast of prcii- nance is available from the City.Clerk.) Notiry Public (Published in the Eden Prairie News on Thursday,January 20, 1994,No.6969) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$11.20 per column inch Maximum rate allowed by law for the above matter ......................... $11.20 per column inch Rate actually charged for the above matter ....................................... $6.89 per column inch