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Home My WebLink AboutOrdinance - 41-96-PUD-17-96 - Bent Creek Cove - PUD District Review & Zoning District Change - 08/20/1996 BENT CREEK COVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 41-96-PUD-17-96 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 R1-13.5 District and be placed in the Planned Unit Development R1-9.5 Zoning District 41-96-PUD-17-96 (hereinafter"PUD-17-96- R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 1, 1996, entered into between Taurus Properties, Inc., and the City of Eden Prairie(hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-17-96-R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-17-96-R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-17-96-R1-9.5 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-17-96 R1-9.5 are justified by the design of the development described therein. D. PUD-17-96-R1-9.5 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 R1-13.5 District and shall be included hereafter in the Planned Unit Development PUD-17-96-R1-9.5 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 Ist day of October, 1996. ATTEST: John ane, City Clerk AJeanarris, Mayor PUBLISHED in the Eden Prairie News on &%12at,/o./99;(, BENT CREEK COVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 41-96-PUD-17-96 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: Summary: This ordinance allows rezoning of land located at Valley View Road and Howard Lane from R1-13.5 to R1-9.5 on 2.5 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 &4, 1 0,�. (A full copy of the text of this Ordinance is available from City Clerk.) 3•�,nt Cr eta: Cove E:rribit A Le I Ow'.t.1t r, 1_.dclly ilk. 2:16 and ,rwu pan t:rOutli)t H, ELcnY:i!e 2n(i t' diiii.on as ��lloava: Begii nkg at We hoot te;.�t cofi-e,o Ctutic, <<, ::ici E;icrlvale '?ne1 :=.L4 tiun; t'ticncc North 71 Cit'gmes 14 n irlums 0r c!Ct)ndls Fa,;z all, 1g Il north lin.G :?l maid :)u!.!,,•t H, it dim:IFIC" or 85.00 1 i; 1f}Gilt C .3r.>uh :8 dymes i? .mnutes 52 u. , it Cii't;lnc' of llROO its: Wence south 62 ieg i •1 i ;t;i!}Ui?ti 26 Si.Cond,, /C_t a (l tSiar}cc nC !2.1.64 to the Soul e St comer Gt Si,,id Oullol G; ItlenCt ry OE:a 1 Llyt'c e 45 nAMI(CS I l seconds Eav !J^'t`',' if'.�. C:SI knit., 0i :i;i1C, Oudct Cl a Ci:tie:'.11t 1 l t);AO met to the j7!1B of t)C :Cltl ng Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. CITY OF EDEN PRAUUE County of Hennepin ) HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 41-96-PUD-17-96 Stan Rolfsrud,being duly swom,on oath says that he is the authorized agent of the publisher of ORDINANCE AN ORDINANCE OF THE CITY the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated OF EDEN PRAIRIE, MINNESOTA, as follows: REMOVING CERTAIN LAND FROM (A)This newspaper has complied with the requirements constituting qualification as a legal ONE ZONING DISTRICT AND PLAC- newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as ING IT IN ANOTHER, AMENDING amended. THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, ANDD (B)The printed public notice that is attached to this Affidavit and identified as No.� ADOPTING BY REFERENCE CITY was published on the date or dates and in the newspaper stated in the attached Notice,and said CODE CHAPTER 1 AND SECTION Notice is hereby incorporated as part of this affidavit.Said notice was cut from the columns of the 11.99, WHICH, AMONG OTHER newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both THINGS,CONTAIN PENALTY PRO- inclusive,and is hereby acknowledged as being the kind and size of type used in the composition VISIONS and publication of the Notice: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, abcdef11BYT: L xyz ORDAINS: Summary:This ordinance allows re- zoning of land located at Valley View Road and Howard Lane from R1-13.5 to R1-9.5 on 2.5 acres;subject to the terms Stan Ro srud,General Manager and conditions of a developer's agree- or his designated agent ment.Exhibit A,included with this Ordi- nance,gives the full legal description of this property. Subscribed and sworn before me on Effective Date:This Ordinance shall take effect upon publication. A` ATTEST: Gw /s/John D.Frane this�day of , 1996 (`,WEN �d. }3AD11ER11Z City Clerk NOTARY FUBUG-ZINNESOTA /s/Jean L.Harris 'irony FAY COMIMUSSION EtpiRES 1-31-00 Mayor (A full copy of the text of this Ordinance is available from City Clerk.) Notary Public (Published in the Eden Prairie News on Thursday,Oct. 10, 1996;No.7710) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space......$16.00 percoh mninch 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