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HomeMy WebLinkAboutOrdinance - 6-2004-PUD-4-2004 - Hennepin Village Sites C & D - 03/23/2004 HENNEPIN VILLAGE SITES C &D REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 6-2004-PUD-4-2004 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 R1-9.5 Zoning District and be placed in the Planned Unit Development RM-6.5 Zoning District 6-2004-PUD-4-2004 (hereinafter "PUD-4-2004-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 23, 2004, entered into between Pemtom Land Company, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-4-2004-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-4-2004-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-4-2004-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-4-2004-RM-6.5 are justified by the design of the development described therein. D. PUD-4-2004-RM-6.5 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 R1-9.5 Zoning District, and placed in the RM-6.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-4-2004-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 3rd day of February, 2004, 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 23rd day of March, 2004. ATTEST: Kathleen Porta, City Clerk N"a-Id&enw,-Wyor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — Hennepin Village Sites C & D Rezoning Blocks 5, 6, 7, and 8, and Outlots D, and E of Eagle Ridge at Hennepin Village One. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 6-2004-PUD-4-2004 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 11.99 acres of land located north of Highway 212, east of Spring Road, from the R1-9.5 Zoning District to the RM-6.5 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: AW& Ka Teen Porta, City Clerk ancy a-L en , or PUBLISHED in the Eden Prairie Sun Current on� (A full copy of the text of this Ordinance is available from City Clerk.) C1 - %! City of Eden Prairie (Official Publication) newspapers CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA AFFIDAVIT OF PUBLICATION SUMMARY oPO�42004 . 6-2004- AN ORDINANCE OF THE CITY OF EDEN STATE OF MINNESOTA) PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND ss. PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH COUNTY OF HENNEPIN) DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99. Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief WHICH AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS Financial Officer of the newspaper known as Sun-Current and has THE CITY COUNCIL OF THE CITY OF EDEN full knowledge of the facts stated below: PRAIRIE,MINNESOTA,ORDAINS: vinnmarv: This ordinance allows rezoning of 11.99 acres (A)The newspaper has complied with all of the requirements constituting qualification as a of land located north of Highway 212,east of Spring Road, from the R1-9.5 Zoning District to the R1b1-6.5 Zoning Dis- qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable trict. Exhibit A,included with this Ordinance,gives the full legal description of this property. laws,as amended. Effective Date:This Ordinance shall take effect upon pub- (B)The printed public notice that is attached was published in the newspaper once each week, lication. for one successive weeks; it was first published on Thursday, the 1 day of April , 2004, and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2004;and printed below is a copy of the lower case alphabet from A to Z, both inclusive,which is hereby acknowledged as being the V O T I C E S size and kind of type used in the composition and publ' n of the lice: Nancy Tyra-Lukens,Mayor abcdefghijklmnopgts yz ATTEST: Mgthleen Porta,City Cleric PUBLISHED in the Eden Prairie Sun Current on April 1, 2004. BY: IA full copy of the text of this Ordinance is available from CFO City Clerk.) (April 1,2004)D4/Ord 6-2004-summary Subscribed and sworn teor affirmed b fore me this day of 2 04. Nota Public unnnnr �lI - :a. : MERIDEL M. HEDBLOM arg, NOTARY PUBLiC.MINNESOTA "` %W COt.1MISS1014 EXPIRES 1.31.2005 o�r�ab r�~n�v�~vvv�ti'✓�''RbT��'II�FOTiBC,ATION (1)Lowest classified rate paid by commercial users $ 2.85 oer line for comparable space (2)Maximum rate allowed by law $ 6.20 per line (3)Rate actually charged $ 1.40 per line