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HomeMy WebLinkAboutOrdinance - 18-2003-PUD-9-2003 - The Bluffs at Purgatory Creek - 06/17/2003 THE BLUFFS AT PURGATORY CREEK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 18-2003-PUD-9-2003 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 Zoning District and be placed in the Planned Unit Development R1-22 Zoning District 18- 2003-PUD-9-2003 (hereinafter "PUD-9-2003-R1-22"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June17, 2003, entered into between O'Catarais, L.L.C. , and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-9-2003-R1-22, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-9-2003-R1-22 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-2003-R1-22 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-9-2003-R1-22 are justified by the design of the development described therein. D. PUD-9-2003-R1-22 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are 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 Zoning District, and placed in the R1-22 Zoning District and shall be included hereafter in the Planned Unit Development PUD-9-2003-R1-22 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 May, 2003, 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 June, 2003. ATTEST: Kathl en Porta, City Clerk yra- or Y PUBLISHED in the Eden Prairie Sun Current on �04.3 EXHIBIT A PUD Legal Description — The Bluffs at Purgatory Creek Legal Description Before Final Plat Lot 3, Block 1, GRAY FOX BLUFF,Hennepin County,Minnesota. Legal Description After Final Plat Lots 1, 2, and 3,Block 1, THE BLUFFS AT PURGATORY CREEK,Hennepin County, Minnesota. THE BLUFFS AT PURGATORY CREEK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO. 18-2003-PUD-9-2003 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 north of the terminus of Center Drive from the Rural Zoning District to the Rl-22 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: K*hleen&APorta, City Clerk uk ayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) City of iNEPi IN COUNM NEP6109M .� THE RLXJFFFS T�MRfAP1XG4 LC� ORDniANCE NO.I8 IF9N newspapers AN ORDINANCENNE ,RN Ctd'fr(lr�r ,�r.,-L ' SoTl�TA, CXRTaIN AFFIDAVIT OF PUBLICATION LAND FROM ONE TInat. LGDI�P�GT AM TMImI L ING IT IN ANOTHER,A11MrD�MG T�3 L>�GAL DESCRWflONS OF LAND IN SUM DERIVICT. AND ADOPTING BY UM COM CHAPTER 1 AND SECTION it a IMIL,AMONG STATE OF MINNESOTA) OTHER THINGS, � PROVISIONS SS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, IMIINNESOTA,ORDAINS: COUNTY OF HENNEPIN) Summary: This ordinance allows reidningoflandlocated north of the terminus of Center Drive from the Rural Zon- Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief I ing District to the R1-22 Zoning District. Exhibit A.in- cluded with this Ordinance,gives the full legal description Financial Officer of the newspaper known as Sun-Current and has full knowledge of the facts stated below: lication. (A)The newspaper has complied with all of the requirements constituting qualification as a Nancy Tyra-Lukens,Mavor Attest: Kathleen Porta,City Clerk qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable PUBLISHED in the Eden Prairie Sun Current on June 26, 2003. laws, as amended. (A full copy of the text of this Ordinance is available froir City Clerk.) (B)The printed public notice that is attached was published in the newspaper once each week, _ (June 26,200304/Ord 18-2003 for one successive weeks; it was first published on Thursday, the 26 day of June , 2003, and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2003;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrst xyz BY: CFO Subscribed and sw rn)or affirmed (efore me o his day of 2003. Nota =MMN0TARYPU1X"jWJWA . RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line