HomeMy WebLinkAboutOrdinance - 14-2023-pud-3-2023 - Menards PUD Amendment with Waivers on 15.72 Acres - 09/14/2023CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 14-2023-PUD-3-2023
MEN ARDS
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, 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 the land is currently designated within the C-REG-SER Zoning
District as 7-2009-PUD-1-2009, as reflected in Ordinance No. 7-2009-PUD-l-2009 (hereinafter
"PUD-1-2009-C-REG-SER").
Section 2. That action was duly initiated proposing that the designation of the land be
amended within the C-REG-SER Zoning District as 14-2023-PUD-3-2023 (hereinafter "PUD-3-
2023").
Section 3. The City Council hereby makes the following findings:
A. PUD-3-2023 is not in conflict with the goals of the Comprehensive Guide Plan of
the City.
B. PUD-3-2023 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-3-2023 are justified by the design of the
development described therein.
D. PUD-3-2023 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 4. The proposal is hereby adopted that PUD-1-2009-C-REG-SER be
amended and the designation of the land shall be, and hereby is amended in the C-REG-SER
Zoning District as Planned Unit Development PUD-3-2023 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 5. The land shall be subject to the terms and conditions of that certain
Development Agreement dated August 19, 2009, entered into between Menard, Inc., a
Wisconsin corporation, and the City of Eden Prairie, as amended by the terms and conditions of
that certain First Amendment to Development Agreement dated September 5, 2023, entered into
between Menard, Inc. and the City of Eden Prairie (hereinafter "Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-3-2023, and are hereby
made a part hereof.
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.
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 the
15th Day of August, 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 5th day of
September, 2023.
ATTEST:
~1ifiit
Nicole Tinglei,Cit)T!i ~ Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on September 14, 2023.
EXHIBIT A
PUD Legal Description
Legal Description
Lot 1, Block 1, Menard 8th Addition, Hennepin County, Minnesota
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 14-2023-PUD-3-2023
MEN ARDS
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA 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:
Summary: This ordinance allows amendment of the zoning designation ofland
located within the C-REG-SER_Zoning District within 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:
<::c// ~ c._ __ _
Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on September 14, 2023.
(A full copy of the text of this Ordinance is available from City Clerk.)