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HomeMy WebLinkAboutOrdinance - 37-93-PUD-12-93 - Bachman’s Floral and Garden Center Rezoning from Rural to PUD-12-93-Commercial-Regional-Service - 09/07/1993 BACHMAN'S FLORAL AND GARDEN CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 37-93-PUD-12-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MQNNESOTA, 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, M INNESOTA, 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 District and be placed in the Planned Unit Development Commercial Regional Service District 37-93-PUD-12-93 (hereinafter "PUD-12-93-Commercial Regional Service"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 21, 1993, entered into between Bachman's Floral and Garden Center, and the City of Eden Prairie(hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-12-93-Commercial Regional Service, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-12-93-Commercial Regional Service is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-12-93-Commercial Regional Service 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-12-93-Commercial Regional Service are justified by the design of the development described therein. D. PUD-12-93-Commercial Regional Service 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 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development 12-93-Commercial Regional Service District, 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 7th day of September, 1993, 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 21st day of September, 1993. ATTEST: Jo rane, City Clerk Douglas 4 Tenpas, Mayor PUBLISHED in the Eden Prairie News on SEP 3 01993 K Bachman's Exhibit A Platting Legal Lot 1, Block 1, Eden Prairie Marketcenter ZoniniLeiW Proposed Lot 1, Block 1, Eden Prairie Marketcenter, 2nd Addition, except: That part of Lot 1 , Block 1 , EDEN PRAIRIE MARKETCENTER 2ND ADDITION lying north of the following line: Commencing at the northeast corner of said Lot 1; thence South 2 degrees 00 minutes 40 seconds West along the east line of said Lot 1 a distance of 73.39 feet to the beginning of the line to be described; thence North 84 degrees 31 minutes 25 seconds West a distance of 259.77 feet; thence South 87 degrees 59 seconds 21 minutes West a distance of 96.91 feet; thence South 42 degrees 59 minutes 21 seconds West a distance of 4.24 feet; thence South 87 degrees 59 minutes 21 seconds West a distance of 81.67 feet; thence northwesterly a distance of 60.95 feet along a non— tangential curve concave to the southwest having a radius of 89.33 feet, a central angle of 39 degrees 05 minutes 37 seconds and a chord bearing of North 72 degrees 27 minutes 52 seconds West and a chord length of 59.78 feet; thence South 87 degrees 59 minutes 20 seconds West a distance of 53.82 feet; thence southwesterly a distance of 138.22 feet along a tangential curve concave to the southeast having a radius of 134.33 feet and a central angle of 58 degrees 57 minutes 10 seconds to the southwesterly line of said Lot 1 and there said line terminates. BACHMAN'S FLORAL AND GARDEN CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 37-93-PUD-12-93 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 REFRERFNCE 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 at Northwest comer of Prairie Center Drive and Singletree Lane, from Rural to Commercial Regional Service, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Doug;las B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the SEP 3 0 1993 (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. >BA County of Hennepin ) GAJUMNC1NNrIiFY t - Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher ME of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein MWOOM€OUNTY,MROWSOTA stated as follows: ORMANCE NO.37-934nJD-12-93 (A)This newspaper has complied with the requirements constituting qualification as a legal AN ORDINANCE OF THE CRY newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as OF EDEN PRAIRIE, MINNESOTA, amended. REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLAC- (B)The printed public notice that is attached to this Affidavit and identified as No.� ING IT IN ANOTHER, AMENDING was published on the date or dates and in the newspaper stated in the attached Notice,and said THE LEGAL DESCRIPTIONS OF Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of LAND IN EACH DISTRICT, AND the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both ADOPTING BY REFERENCE CITY inclusive,and is hereby acknowledged as being the kind and size of type used in the composition CODE CHAPTER 1 AND SECTION and publication of the Notice: 11.99, WHICH, AMONG OTHER THINGS,CONTAIN PENALTY PRO- abcdefghijkhnnop rst z VISIONS THECITYCOUNCIL OFTHECiTY OF EDEN PRAIRIE, MINNESOTA ORDAINS: By: Summary: This ordinance allows Stan Rolfsrud, General Manager rezoning of land located at Northwest corner of Prairie Center Drive and Singletree Lane, from Rural to Subscribed and sworn before me on Commerical Regional Service subject to GWEtJ M.RAQUENZ the terms and conditions of a developer's r=�'"""�� e agreement.Exhibit A,included with this y� +� NOTARY PUBLIC-MiNN�SOTA Ordinance,gives the full legal descrip- this! �/f`�"day of 1993 • SGOTTGOUNTY tion of this property. �` � �i-a Expires Feb.24,1999 Effective Date:This Ordinance shall take effect upon publication. ATTEST: /s/John D.Frane otary Public City Clerk /s/Douglas B.Tenpas Mayor (A full copy of the text of this Ordi- nance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,September30,1993;No.6902) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$10.13 per column inch Maximum rate allowed by law for the above matter ..........................$10.13 per column inch Rate actually charged for the above matter.......................................... $6.49 per column inch