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Home My WebLink AboutOrdinance - 9-2023-PUD-2-2023 - Bush Lake Pet Hospital PUD, Zoning District Change from Office (OFC) to Neighborhood Commercial (N-COM) - 07/20/2023BUSH LAKE PET HOSPITAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-2023-PUD-2-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING 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 Office Zoning District and be placed in the Neighborhood Commercial (N-COM) Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the N-COM as 9-2023-PUD-2-2023 (hereinafter "PUD-2-2023"). Section 4. The City Council hereby makes the following findings: A. PUD-2-2023 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2023 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-2-2023 are justified by the design of the development described therein. D. PUD-2-2023 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 Office Zoning District and placed in the Neighborhood Commercial Zoning District respectively as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-2-2023 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. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of July 11, 2023, entered into between Highland Ventures Real Estate IV, LLC, LTD, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2023, and are hereby made a part hereof. Section 7. 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 8. publication. This Ordinance shall become effective from and after its passage and FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on June 13, 2023, 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 11th day of July, 2023. ATTEST: Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on July 20th, 2023. EXHIBIT A Rezone from Office to Neighborhood Commercial Legal Description: Lot 2, Block 1, Bluff Country Village 3rd Addition, Hennepin County, Minnesota, according to the recorded plat thereof. Abstract Property BUSH LAKE PET HOSPITAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 9-2023-PUD-2-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING 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 vacant land located north of 10160 Hennepin Town Road from Office to Neighborhood Commercial and amends the designation of that land into a Planned Unit Development 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: Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on July 20th, 2023. (A full copy of the text of this Ordinance is available from City Clerk.) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Rhonda Herberg being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SS Mtka_Excelsior_Eden Prairie with the known office of issue being located in the county of: · HENNEPIN with additional circulation in the counties of: HENNEPIN I and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for l successive week(s); the first insertion being on 07 /20/2023 and the last insertion being on 07 /20/2023. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the n~· e are located, a substantial portion of newspaper's cireullJ/' m the I "'"f / nL By: -l-4/-J/-_!...li~~~4:JLJbL-<v Subscribed and sworn to or affirmed before me on 07 /20/2023 by Rhonda Herberg. DARLENE MARIE MACPHERSON NOTARY PUBLIC -MINNESOTA My commission Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch Ad ID 1328528 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA BUSH LAKE PET HOSPITAL SUMMARY OF ORDINANCE NO. 9-2023-PUD-2-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING 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, MINNE- SOTA, ORDAINS: Summar:y· This ordinance allows rezoning of vacant land located north of 10160 Hennepin Town Road from Office to Neighborhood Commercial and amends the des- ignation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. A full copy of the text of this Or- dinance is available from City Clerk. Ronald A. Case, Mayor ATIEST: Nicole Tingley, City Clerk Published in the Sun Sailor July 20, 2023 1328528