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HomeMy WebLinkAboutOrdinance - 12-97-PUD-6-97 - Albin Chapel - 02/18/1997 ALBIN CHAPEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 12-97-PUD-6-97 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 Office Zoning District 12-97-PUD-6-97 (hereinafter"PUD-6-97-Office"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 1, 1997, entered into between Albin Chapel and the City of Eden Prairie, (hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-6-97-Office, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-6-97-Office is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-97-Office 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-6-97-Office are justified by the design of the development described therein. D. PUD-6-97-Office 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 Office District and shall be included hereafter in the Planned Unit Development 6-97-Office, 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 18th day of February, 1997,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 1st day of April, 1997. ATTEST: John D.Fran Oi Clerk can L.Hams,Mayor PUBLISHED in the Eden Prairie News on 0- zo 917 ALBIN CHAPEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 12-97-PUD-6-97 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: mm : This ordinance allows the amending of land located at Rowland Road and Old Shady Oak Road, within the Office Zoning District on 2.47 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 Lot 2, Block 2, Shady Oak Business Center, according to the proposed plat, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-97-PUD-6-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A 70NTNCY DISTRICT, AMENDING THE LEGAL DESCRIP- TIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SEC- TION 11.99 WHICH,AMONG OTHER THINGS' CONTAIN PENALTY PRO- Affidavit of Publication VISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- Southwest Suburban Publishing SOTA, ORDAINS: Section 1.That the land which is the subjectof this Ordinance(hereinafter,the State of Minnesota "land")is legally described in Exhibit A attached hereto and made a part hereof. )SS. Section 2.That action was duly initi- ated proposing that the land be amended County of Hennepin within the Office Zoning District 12-97- PUD-6-97 (hereinafter "PUD-6-97-Of- fice"). Section 3.The land shall be subject to Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the terms and conditions of that certain the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated Developer's Agreement dated as of April as follows: - 1,1997,entered into between Albin Chapel (A)This newspaper has complied with the requirements constituting qualification as a legal and the City of Eden Prairie, (hereinafter newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as "Developer's Agreement"). The amended. Developer's AVeementcontains the terms (B)The printed public notice that is attached to this Affidavit and identified as No and conditions of PUD-6-97-Office,and was published on the date or dates and in the newspaper stated in the attached Notice and said are hereby made a part hereof. Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of Section 4.The City Council hereby the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,b th makes the following findings: inclusive,and is hereby acknowledged as being the kind and sizeof type used in the compo do A. PUD-6-97-Officeisnotinconflict and publication of the Notice: with the goals of the Comprehensive Guide Plan of the City. abcdefghijkhnnopgrstu B. PUD-6-97-Office is designed in such a manner to form a desirable and unified environment within its own bound- aries. By: C. The exceptions to the standard Stan Rolfsrud,General Manager requirements of Chapters 11 and 12 of the or his designated agent City Code that are contained in PUD-6- 97-Office arejustified by the design of the Subscribed and sworn before me on development described therein. D. PUD-6-97-Office is of sufficient size,composition, and arrangement that its construction,marketing,and operation is feasible as a complete unit without this�day of 1997 QWEN M. RADUENZ dependence upon any subsequent unit. WfAR'f R Section 5. The proposal is hereby MY COMM"67tPIRES t-31-00 adopted and the land shall be,and hereby is amended within the Office District and f shall be included hereafter in the Planned Unit Development 6-97-Office, and the Notary Public 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 en- titled"GeneralProvisions and Definitions RATE INFORMATION Applicable to the Entire City Code Including Penalty for Violation"and Sec- Lowest classified rate paid by commercial users for comparable space....$16.00 per column inch lion 11.99 entitled "Violation a Misde- Maximum rate allowed by law for the above matter...............................$16.00 per column inch meanor"are hereby adopted in their en- Rate actually charged for the above matter..............................................$8.05 per column inch tirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall be- come 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 18th day of February, 1997, and finally read and adopted and ordered pub- lished in summaryform as attached hereto at a regular meeting of the City Council of said City on the 1st day of April, 1997. ATTEST: John D.Frane,City Clerk Jean L.Harris,Mayor (Published in the Eden Prairie News on Thursday,April 10, 1997;No.7653)