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HomeMy WebLinkAboutOrdinance - 9-97-PUD-5-97 - Bearpath’s 8th Addition - 12/17/1996 BEARPATH 8TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 9-97-PUD-5-97 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 RM-6.5 District and be placed in the R1-13.5 Zoning District 9-97-PUD-5-97 (hereinafter"PUD-5-97 R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 18, 1997, entered into between Bearpath Limited Partnership, and the City of Eden Prairie (hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-5- 97-R 1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-5-97-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-97-R1-13.5 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-5-97-R1-13.5 are justified by the design of the development described therein. D. PUD-5-97-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-5-97-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 17th day of December, 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 18th day of March, 1997. ATTEST: John D.Frane, Ci er �/an L. Hams, Mayor PUBLISHED in the Eden Prairie News on BEARPATH 8TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 9-97-PUD-5-97 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 East of Bearpath Trail South, west of Dell Road and south of Hennepin County Regional Rail Authority from RM-6.5 to R 1-13.5 on 2.3 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 ( . (A full copy of the text of this Ordinance is available from City Clerk.) BEARPATH 8TH ADDITION Exhibit A Legal Description: Lots 1,2, and 3, Block 9, BEARPATH ADDITION,Hennepin County,NIN Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) 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. 9-97-PUD-5-97 the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated AN ORDINANCE OF THE CITY as follows: OF EDEN PRAIRIE, MINNESOTA, (A)This newspaper has complied with the requirements constituting qualification as a legal REMOVING CERTAIN LAND FROM newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as ONE ZONING DISTRICT AND PLAC- amended. ING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF (B)The printed public notice that is attached to this Affidavit and identified as No.� LAND IN EACH DISTRICT, AND was published on the date or dates and in the newspaper stated in the attached Notice and said ADOPTING BY REFERENCE CITY Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of CODE CHAPTER 1 AND SECTION the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both 11.99, WHICH, AMONG OTHER inclusive,and is hereby acknowledged as being the kind and size f type used in the composition THINGS, CONTAIN PENALTY PRO- and publication of the Notice: VISIONS THE CITY COUNCIL OF THE abcdefghijklmnopgrstuvwx z CITY OF EDEN PRAIRIE, MINNE- SOTA,ORDAINS: Summary:This ordinance allows re- By: zoning of land located East of Bearpath srud,General Manager Trail South,west of Dell Road and south Stan Rokf of Hennepin County Regional Rail Au- or his designated agent thority from RM-6.5 to R1-13.5 on 2.3 acres;subject to the terms and conditions Subscribed and sworn before me on 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. this day of 1997 _ ATTEST: "_ Gl'J id 7.1. t"ALUE1,,�Z T W TLr. tr s+ r,�TFi /s/John D.Frane tS, r yw Q a _ -uT-co City Clerk Is/Jean L.Harris Mayor (A full copy of the text of this Notary Public Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,March 27, 1997;No.7633) 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...............................S16.00 per column inch Rate actually charged for the above matter..............................................$8.05 per column inch