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HomeMy WebLinkAboutOrdinance - 38-96-PUD-15-96 - Staring Lake Townhomes - Phase II - 08/20/1996 STARING LAKE TOWNHOMES -PHASE II CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 38-96-PUD-15-96 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 RM-6.5 Zoning District 38-96-PUD-15-96 (hereinafter"PUD-15-96-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Supplement to Developer's Agreement dated as of September 17, 1996, entered into between Pulte Homes, and the City of Eden Prairie (hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD,15- 96-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-15-96-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-15-96-RM-6.5 designed in such a manner to forma 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-15-96-RM-6.5 are justified by the design of the development described therein. D. PUD-15-96-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 removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-15-96-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 20th day of August, 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 17th day of September, 1996. ATTEST: John D. Frane, City Clerk gea . Harris, Mayor PUBLISHED in the Eden Prairie News on 6AW1&J STARING LAKE TOWNHOMES-PHASE H CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO. 38-96-PUD-15-96 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,IVIINNESOTA, ORDAINS: Surnmarv: This ordinance allows rezoning of land located at Anderson Lakes Parkway and Staring Lake Parkway from Rural to RM-6.5 on 35.58 acres and PUD District Review on 35.58 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. Franc /s/Jean L.Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the JA- o (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. STARING LAKE TOWNHOMES Count of Hennepin ) PHASE II y enne p ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA Stan Rolfsrud,being duly sworn,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 38-96-PUD-15-96 as follows: AN ORDINANCE OF THE CITY OF (A)This newspaper has complied with the requirements constituting qualification as a legal EDEN PRAIRIE,MINNESOTA, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as REMOVING CERTAIN LAND FROM amended. ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, (B)The printed public notice that is attached to this Affidavit and identified as No. , AMENDING THE LEGAL was published on the date or dates and in the newspaper stated in the attached Notice,and said DESCRIPTIONS OF LAND IN EACH Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of the DISTRICT,AND ADOPTING BY newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both REFERENCE CITY CODE CHAPTER inclusive,and is hereby acknowledged as being the kind and size of type used in the composition I AND SECTION 11.99,WHICH, and publication of the Notice: AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS abcdefghij p st vxyz THE CITY COUNCIL OF THE CITYRIfs:OF EDEN PRAI ' MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at By: Anderson Lakes Parkway and Staring Lake Rolfsrn ,General Manager Parkway from Rural to RM-6.5 on 35.58 or his designated agent acres and PUD District Review on 35.58 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 description of this property. - _ Effective Date:This Ordinance shall take this day of—J7 ,1996 effect upon publication. GWEN ATTEST: NOTARY pUgURA DUENZ /s/John D.Frane A1Y C0411d1SStQ,y jyNESQTA City Clerk 'X IRES 1-31_M /s/Jean L.Harris otary Pub c Mayor (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,September 26,1996,No.7698) 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