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Home My WebLink AboutOrdinance - 11-94-PUD-3-94 - Summerfield - 12/21/1993 S LD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 11-94-PUD-3-94 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 RM-6.5 Zoning District 11-94-PUD-3-94 (hereinafter "PUD- 3-94-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 3, 1994, entered into between Summerfield, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD- 3-94-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-3-94-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-94-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-3-94-RM-6.5 are justified by the design of the development described therein. D. PUD-3-94-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 and Public District and shall be included hereafter in the Planned Unit Development PUD-3-94-RM-6.5 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 21st day of December, 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 Cit the 3rd day of May, 1994. ATTEST: L John rave, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on Summerfield Exhibit A Legal Description Park One Fourth Addition (Beddor Parcel). Except that part thereof lying south of the north line of MNDOT Right Of Way Plat No. 27-49. According to the U.S. Govt. Survey thereof and located in Hennepin County, Minnesota. SU MERFIFLD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 11-94-PUD-3-94 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 Dell Road and Highway 5 from Rural to RM-6.5 on 5.53 acres and from Public to RM-6.5 on 19.59 acres, Rural to R1-13.5 on 34.72, Rural to R1-9.5 on 13.13 acres; 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 ) SUMMERFIELD )SS. CITY OF EDEN PRAIRIE County of Hennepin ) HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.11-94-PUD-3-94 Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher AN ORDINANCE OF THE CITY OF of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein EDEN PRAIRIE,MINNESOTA, stated as follows: REMOVING CERTAIN LAND FROM (A)This newspaper has complied with the requirements constituting qualification as a legal ONE ZONING DISTRICT AND newspaper,as provided by Minnesota Statute 331 A.02,331A.07,and other applicable laws,as PLACING IT IN ANOTHER, amended. AMENDING THE LEGAL q �DESCRIPTIONS OF LAND IN EACH (B)The printed public notice that is attached to this Affidavit and identified as No. , DISTRICT,AND ADOPTING BY was published on the date or dates and in the newspaper stated in the attached Notice,and said REFERENCE CITY CODE CHAPTER Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of I AND SECTION 11.99,WHICH, the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both AMONG OTHER THINGS, inclusive,and is hereby acknowledged as being thekind and size of type used in the composition CONTAIN PENALTY PROVISIONS and publication of the Notice: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA. abcdefghijklmnop rs vxyz ORDAINS: Summary: This ordinance allows rezoning of land located Dell Road and Highway 5 from Rural to RM-6.5 on 5.53 By- acres and from Public to RM-6.5 on V Sffn Rolfsrud,General Manager 19.59 acres,Rural to R1-13.5 on 34.72, Rural to R 1-9.5 on 13.13 acres;subject to the terms and conditions of a developer's Subscribed and sworn before me on agreement.Exhibit A,included with this ordinance, gives the full legal descrip- tion of this property. �� L Effective Date:This Ordinance shall this a day of ,1994 $ GViEld ti.RAOU04Z take effect upon publication. '�' ass hOTA,RY PUESC-6!INPI:SOTri /s/Douglas B.Tenpas ( GCOTT COUIlTf Mayor %s JTohn D.Frane Notary City Clerk Public A full copy of the test of this ordinance is available from City Clerk). (Published in the Eden Prairie News on Thursday,May 12, 1994;No.7064) 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 ......................... S 11.20 per column inch Rate actually charged for the above matter ....................................... $6.89 per column inch