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Home My WebLink AboutOrdinance - 23-96-PUD-8-96 - Bearpath 96 PUD Amendment - 04/16/1996 BEARPATH 1996 PUD AMENDMENT CITY OF EDEN PRAIRIE ]HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO. 23-96-PUD-8-96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, 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 amended within the RM-6.5 Zoning District 23-96-PUD-8-96 (hereinafter"PUD-8-96-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developers Agreement dated as of June 4, 1996, entered into by Bearpath Development Corporation and the City of Eden Prairie, (hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-8-96- RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-8-96-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-96-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-8-96-RM-6.5 are justified by the design of the development described therein. D. PUD-8-96-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 8-96-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 16th day of April, 1996, 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 4th day of June, 1996. ATTEST: John rave, City Clerk can L. Harris, Mayor PUBLISHED in the Eden Prairie News on LJC!412. 113 �� BEARPATH 1996 PUD AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 23-96-PUD-8-96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,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 the amending of land located at Bearpath Trail and Dell Road, within the RM-6.5 District on 15 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.) EXHIBIT A Lot 3 Block 2 Bearpath Trail Addition Lot 4 Block 2 Bearpath Trail Addition Lot 5 Block 2 Bearpath Trail Addition Lot 1 Block 6 Bearpath Addition Lot 2 Block 6 Bearpath Addition Lot 3 Block 6 Bearpath Addition Lot 4 Block 6 Bearpath Addition Lot 1 Block 7 Bearpath Addition Lot 1 Block 1 Bearpath Addition Lot 2 Block 1 Bearpath Addition Lot 3 Block 1 Bearpath Addition Lot 4 Block 1 Bearpath Addition Lot 5 Block 1 Bearpath Addition Lot 6 Block 1 Bearpath Addition Lot 7 Block 1 Bearpath Addition Lot 8 Block 1 Bearpath Addition Lot 9 Block 1 Bearpath Addition Lot 10 Block 1 Bearpath Addition Lot 11 Block 1 Bearpath Addition Lot 12 Block 1 Bearpath Addition Lot 13 Block 1 Bearpath Addition Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) BEARPATH 1996 )SS. PUD AMENDMENT County of Hennepin ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA Stan Rolfsrud,being duly swom,on oath says that he is the authorized agent of the publisher of ORDINANCE NO. the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated 23-96-PUD-8-96 as follows: AN ORDINANCE OF THE (A)This newspaper has complied with the requirements constituting qualification as a legal CITY OF EDEN PRAIRIE, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as MINNESOTA,AMENDING amended. CERTAIN LAND WITHIN n A ZONING DISTRICT, (B)The printed public notice that is attached to this Affidavit and identified as No. ;1"9 ao AMENDING THE LEGAL was published on the date or dates and in the newspaper stated in the attached Notice,and said DESCRIPTIONS OF LAND Notice is hereby incorporated as part of this affidavit.Said notice was cut from the columns of the IN EACH DISTRICT, newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both AND ADOPTING BY inclusive,and is hereby acknowledged as being the kind and size of type used in the composition REFERENCE CITY CODE and publication of the Notice: CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, abcdefghijklmno rs u vxyz CONTAIN PENALTY PROVISIONS THE CITY C OUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: By: Summary:This ordinance allows the Stan Rolfsrud,General Manager amending of land located at Bearpath or his designated agent Trail and Dell Road,within the RM-6.5 District on 15 acres;subject to the terms and conditions of a developer's agree- Subscribed and sworn before me on ment.Exhibit A,included with this Ordi- nance,gives the full Iegal description of this L...� Effective Date:This Ordinance shall d1 G1r 04 M. RADUE�IZ this d;4tL 6 =i NOTARY PUELIG—M1NNF_SOTA take effect upon publication. n' MY COMWISS1ON EXPIRES 1-31-00 ATTEST: A/John D.Frane '�fCity Clerk 1ZL9W /s/Jean L.Harris Notary Public Mayor (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,June 13, 1996;No.7600) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space......$16.00 per column inch Maximum rate allowed by law for the above matter...................................$16.00 per column inch Rate actually charged for the above matter.............................................. $ 7.67 per column inch