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HomeMy WebLinkAboutOrdinance - 46-94 - Best Buy Expansion - 11/15/1994 BEST BUY EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 46-94-PUD-9-94 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 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 amended within the I-2 Industrial Zoning District 46-94-PUD-9-94 (hereinafter "PUD-9-94-I-2"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 6, 1994, entered into between Best Buy Corporation, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-9-94-I-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-9-94-I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-94-I-2 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-9-94-I-2 are justified by the design of the development described therein. D. PUD-9-94-I-2 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 amended within the I-2 District and shall be included hereafter in the Planned Unit Development 9-94-I-2, 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 15th day of November, 1994, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said Ci the 6th y of December, 1994. ATTEST: L ` John D, rare, City Clerk Douglas I Tenpas, Mayor PUBLISHED in the Eden Prairie News on Exhibit A Legal Description Best Buy Expansion Lot 1, Block 1, Outlot A, Lee Data Addition BEST BUY EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 46-94-PUD-9-94 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN ONE 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 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MMNNESOTA, ORDAINS: Summary: This ordinance allows amending of land located at 7075 Flying Cloud Drive within I-2 Industrial Zoning District on 27.8 acres; 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/Douglas B. Tgnpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher BEST BUY EXPANSION of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein CITY OF EDEN PRAIRIE stated as follows: HENNEPIN COUNTY,MINNESOTA (A)This newspaper has complied with the requirements constituting qualification as a legal ORDINANCE NO.46-94-PUD-9-94 newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as AN ORDINANCE OF THE CITY amended. OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND (B)The printed public notice that is attached to this Affidavit and identified as No. WITHIN ONE ZONING DISTRICT, was published on the date or dates and in the newspaper stated in the attached Notice,and said AMENDING THE LEGAL DESCRIP- Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of TIONS OFLAND IN EACH DISTRICT, the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both AND ADOPTING BY REFERENCE inclusive,and is hereby acknowledged as being the kind size of type used in the composition CITY CODE CHAPTER 1 AND SEC- and publication of the Notice: TION 11.99,W HICH,AMONGOTHER THINGS,CONTAIN PENALTY PRO- abcdefghijklmnopgr to yz VISIONS THECITYCOUNCIL OFTHECITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows By_ Stan Rolfsrud,General Manager amending of land located at 7075 Flying Cloud Drive within 1-2 IndustrialZoning District on 27.8 acres; subject to the Subscribed and sworn before me on terms and conditions of a developer's agreement.Exhibit A,included with this A' la'�i,�, ISy+Y T'i i S.IiHI]i1Ct'eZ a Ordinance, gives the full legal descrip- '�'' , iF ' 0TAfti=li8'`:C-Ui iK!Ui,,, lion of this property. this 2' day of—s�: , 1994 S-1t�i i CellriTi Effective Date:This Ordinance shall �_ � take ettect upon publication. ATTEST: /s/John D.Frane City Clerk 4,tPubli,4 /s/Douglas B.Tenpas Mayor (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,December 15,1994;No.7275) RATE INFORMATION Lowest classified rate paid by commercial users forcomparable space...$11.20 percolumn inch Maximum rate allowed by law for the above matter ......................... S11.20 per column inch Rate actually charged for the above matter ....................................... S6.89 per column inch