HomeMy WebLinkAboutOrdinance - 37-95-PUD-17-95 - Dell Road Highway 5 Commercial Center - 10/17/1995 DELL ROAD AND HIGHWAY 5 COMMERCIAL CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 37-95-PUD-17-95
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 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 Rural District
and be placed in the Planned Unit Development Neighborhood Commercial 37-95-PUD-17-95 (hereinafter
"PUD-17-95-Neighborhood Commercial").
Section 3. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of November 21, 1995, entered into between Tandem Development and Kindercare, and
the City of Eden Prairie(hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms
and conditions of PUD-17-95-Neighborhood Commercial, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-17-95-Neighborhood Commercial is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-17-95-Neighborhood Commercial 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-17-95 Neighborhood Commercial are justified by the design of the
development described therein.
D. PUD-17-95-Neighborhood Commercial 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 PUD-17-95-Neighborhood
Commercial 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 17th day of
October, 1995, 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 21 st day of November, 1995.
ATTEST:
Jov. Frane, City Clerk can L. Hams, Mayor
PUBLISHED in the Eden Prairie News on �g95
DELL ROAD AND HIGHWAY 5 COMMERCIAL CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 37-95-PUD-17-95
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 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 land located at Dell Road and Highway 5 from
Rural to Neighborhood Commercial on 1.75 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/Jean L. Harris
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.)
Exhibit A
Legal Description
Dell Road and Highway 5 Commercial Center
Outlot A, Jamestown of Eden Prairie, according to the recorded plat thereof, Hennepin County,
Minnesota.
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
DELL ROAD AND HIGHWAY 5 County of Hennepin )
COMMERCIAL CENTER Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher
CITY OF EDEN PRAIRIE of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein
HENNEPIN COUNTY,MINNESOTA stated as follows:
ORDINANCE NO.37-95-PUD-17-95 (A)This newspaper has complied with the requirements constituting qualification as a legal
AN ORDINANCE OF THE CITY 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 (B)The printed public notice that is attached to this Affidavit and identified as No.�
PLACING IT IN ANOTHER, was published on the date or dates and in the newspaper stated in the attached Notice,and said
AMENDING THE LEGAL Notice is hereby incorporated as part of this affidavit. Said notice was cutfrom the columns of
DESCRIPTIONS OF LAND IN the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both
EACH DISTRICT,AND inclusive,and is hereby acknowledged as being th 'nd and size of type used in the composition
ADOPTING BY REFERENCE CITY and publication of the Notice:
CODE CHAPTER 1 AND SECTION
11.99,WHICH,AMONG,OTHER abcdefghij op z
THINGS,CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE,MINNESOTA By:
ORDAINS:
Summary:This ordinance allows re- Stan Rolfsrud,General Manager
zoning of land located at Dell Road and
Highway 5 from Rural to Neighborhood Subscribed and sworn before me on
Commercial on 1.75 acres;subject to the �r
terms and conditions of a developer's �_ GWEN Pd. RADUENZ
agreement.Exhibit A,included with this �,�/� �'° -
Ordinance,gives the full legal description GIB TA
&1y CC'MYR`�ON EXRRES1-1-00
this�=day of •CL• ,1995
of this property.
Effective Date:This Ordinance shall
take effect upon publication.
ATTEST:
/s/John D.Frane Notary Public
City Clerk
/s/Jean L.Hams
Mayor
(Published in the Eden Prairie News on
Thursday,December 7,1995;No.7447)
RATE INFORMATION
Lowestclassified rate paid by commercial users for comparable space...$12.80 per column inch
Maximum rate allowed by law for the above matter..........................$12.80 per column inch
Rate actually charged for the above matter........................................ $7.30 per column inch