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HomeMy WebLinkAboutOrdinance - 7-2009 - Menards - 08/27/2009CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-2009-PUD-1-2009 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, 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 i 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 paint hereof: Section 2. That action was duly initiated Imposing that the land be amended within the Commercial Regional 'Service Zoning District 7-2009-PLTD-1-2009 (hereinafter "PUD-1 2009-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PLJD-1-2009- C-REO-S"ER is not in conflict with the goals of the Comprehensive Guide Plan of the City. E. PLED-1-2009- C-REG-SER 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 1.2 of the City Code that are contained in PUD-1-2009- C-REG-SER arejustified by the design of the development described therein. D. PLTD-1-2009- C-REG-SER 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 4. The land shall be subject to the terms and conditions of that certain. Development Agreement dated as of August 18, 2009, entered into between Menard Inc,, and the City of Eden Prairie, (hereinafter "Development Agreement'"), The Development Agreement contains the terms and conditions of PLED-1-2009- C-REG-S"ER, and are hereby made a part hereof; Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development 1-2009- C-REG-SER, 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 I 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 2 1 " day of October, 2008, and finally read and adopted and ordered published in swnmary form as attached hereto at a regular meeting of the City Council of said City on the I 8'h day of August 2009. ATTEST: KAI= Porta, City Clerk A PUBLISHED in the: Eden Prairie News on 7 2009. PUD Legal Description — Lot 1, Block I Menard 7'h Addition, Hennepin County, Minnesota Affidavit of Publication Southwest Newspapers CITY OF EDEN PRAIRIE state of Minnesota HENNEPIN COUNTY, )SS. MINNESOTA MENARDS SUMMARY CR ORDINANCE NO. County my of Hennepin 7- ?9-P[YD-1-2Q09 AN ORDINANCE OFTHECITY DTI EDEN PRAIRIE, MINNESOTA, C TIIE ZONING AM. END CERTAIN E LAND WITHIN u A. Hartmann, being dui sworn, 'on oath says that she is the authorized agent of the Hartmann„ DISTRICT, AND ADOPTING publisher newspaperwn as the Eden Prairie News and has Paull knowledge of the facts boy REFERENCE CITY CODE. hares n stated as follows: CA TER 1 AND SECTION' 11.99, y�,WCH,A,MCNGOTHER`T"IENGS, (A) This newspaper has complied with the requirements constituting qualification as a legal nearspp CONTAIN PENALTY newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as PROVISIONS THE CITY COUNCIL DE THE amended. CITY DP EDEN PRAIRIE, MINNESOTA, ORDAINS: (R) The printed public notice that is attached to this Affidavit and identified as No. -5 f 17 -- - SLM rotary: This ordinance of the zoning of was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was out from the columns of allows amendrrsent land located at 126M Plaza: Drive the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both within the Commercial Regional inclusive, and is hereby acknowledged as being, the kind and size of type used in the composition Service Zoning Distract. Exhibit A, and publication of the Notice: included with this Ordinance, gives the full legal description of this abcdefghUklmnopgrstuvwasyz property. t e Date: This bOrdinanceipublication shall false' effect upon publ� a of r" � W r , � Phil Youngs ayor Porta, Attest: Kathleen Hy Ca Clerk ... Laurie A. Hartmann (Published in the Eden Prairie News on Thursday, August 27, 2009, No. 3847) Subscribed and sworn before me on this V)day of �cr.at�,,ts,_rj.. 009 JYMME J. BANK t_ NOTARY IP03LA C - MIN MINNESOTA Not bits r t'arnunassNsururupines p113a'/i�13 Lowest classified rate paid by commercial users for comparable space... $31.20 per column inch Maximum rate allowed by law for the above matter .. ..................... ... $31.20 per column inch Rate actually charged for the above matter ............... .........................r '$12.43 per column inch