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HomeMy WebLinkAboutOrdinance - 23-95-PUD-10-95 - Walnut Ridge - 05/09/1995 WALNUT RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-95-PUD-10-95 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 R1-13.5 Zoning District 23-95-PUD-10-95 (hereinafter "PUD- 10-95-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 1, 1995, entered into between Residential Development, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-10-95-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-10-95-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-10-95-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-10-95-R1-13.5 are justified by the design of the development described therein. D. PUD-10-95-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 PUD-10-95-R1-13.5 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 9th day of May, 1995, 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 the 1st day of August, 1995. ATTEST: Jo . fi6ne, City Clerk n L. Harris, Mayor PUBLISHED in the Eden Prairie News on ��v /'9S Exhibit A Walnut Ridge LEGAL DESCP I P T I ON The East 667. 3 Feet Of Government Lot4, And The East 667. 3 Feet Of The Southeast 114 Of The Northeast 114, All In Section 36, Township 116, Range 22, Hennepin County, Minnesota. WALNUT RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-95-PUD-10-95 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 11.999 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 Riverview Road and Homeward Hills Road from Rural to R1-13.5 on 13.21 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/Jean L. Harris 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 WALNUT RIDGE of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows: CITY OF EDEN PRAIRIE (A)This newspaper has complied with the requirements constituting qualification asa legal HENNEPIN COUNTY,MINNESOTA ORDINANCE N newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. 23-95-PUD-10-95 AN ORDINANCE OF THE CITY OF (B)The printed public notice that is attached to this Affidavit and identified as No.,", EDEN PRAIRIE,MINNESOTA, was published on the date or dates and in the newspaper stated in the attached Notice,and said REMOVING CERTAIN LAND FROM Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of ONE ZONING DISTRICT AND the newspaper specified. Printed below is a copy of the wer case alphabet from A to Z,both PLACING IT IN ANOTHER, inclusive,and is hereby aclalowledged as being the an ize of type used in the composition AMENDING THE LEGAL and publication of the Notice: DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY abcdefghijklmno grstu R z REFERENCE CITY CODE CHAFFER 1 AND SECTION 11.99,WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS By: THECITYCOUNCILOFTHECITY Stan Rolfsrud,General Manager OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows Subscribed and sworn before me on rezoning of land located at Riverview Road and Homeward Hills Road from �, Rural to R1-13.5 on 13.21 acres;subject =EN M. R.ADUENZ to the terms and conditions of a developer's this day of 1995 NOTARY PUBLIC—MINNESOTA agreement.Exhibit A,included with this 6. MY CO:i!'ISSION Expmr:S 1.31.00 Ordinance, gives the full legal descrip- tion of this property. Effective Date:This Ordinance shall take effect upon publication. 4, public ATTEST: /s/John D,Frane City Clerk /s/Jean L.Harris Mayor (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,August 10, 1995;No.7364) RATE INFORMATION Lowestclassified rate paid by commercial users for comparable space...$12.80 percolumn inch Maximum rate allowed by law for the above matter..........................$12.80 per column inch Rate actually charged for the above matter........................................ $7.30 per column inch