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HomeMy WebLinkAboutOrdinance - 26-97-PUD-17-97 - Delegard Commercial - 03/21/1997 DELEGARD COMMERCIAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 26-97-PUD-17-97 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 Neighborhood Commercial Zoning District 26-97-PUD-17-97 (hereinafter "PUD-17-97- Neighborhood Commercial"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 3, 1997, entered into between Curt and Duane Delegard, and the City of Eden Prairie(hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-17-97- Neighborhood Commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-17-97 Neighborhood Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-17-97-Neighborhood Commercial 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-17-97-Neighborhood Commercial are justified by the design of the development described therein. D. PUD-17-97-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-17-97-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 21 st day of March, 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 3rd day of June, 1997. ATTEST: 62 LIZI�L - V John q'.Tfran ity Clerk n L. Harris, Mayor V PUBLISHED in the Eden Prairie News on 42 j1 9 7 DELEGARD COMMERCIAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 26-97-PUD-17-97 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 212 from Rural to Neighborhood Commercial on 3.66 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 "JA " PUBLISHED in the Eden Prairie News on the Id 1qq7 (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A LEGAL DESCRIPTION Outlot H, Hawthorne of Eden Prairie, Hennepin County, Minnesota Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA )SS. SUMMARY OF County of Hennepin ) ORDINANCE NO. 26-97-PUD-17-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROIv1 ONE ZONING DISTRICT AND PLAC- Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of ING IT IN ANOTHER, AMENDING the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated THE LEGAL. DESCRIPTIONS OF as follows: LAND IN EACH DISTRICT. AND (A)This newspaper has complied with the requirements constituting qualification as a legal ADOPTING BY REFERENCE CITY newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as C(iDE CHAPTER 1 AND SECTION amended. 1 1,9`a. WHICH, AMONG OTHER (B)The printed public notice that is attached to this Affidavit and identified as No. THINGS, CONTAIN PENALTY PRO- was published on the date or dates and in the newspaper stated in the attached Notice and gaid VISIONS Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of THE CITY COUNCIL OF THE the newspaper specified.Printed below is a copy of the low case alphabet from A to Z,both CITY OF EDEN PRAIRIE, MINNE- inclusive,and is hereby acknowledged as being the kind an of type used in the composition SOTA, ORDAINS: Summary:This ordinance allows re- and publication of the Notice: zoning of land located at Dell Road and abcdefghijkhnnopgrstu vx Highway 212 from Ruralto Neighborhood Commercial on 3.66 acres,subject to the terms and conditions of a developer's agreement. Exhibit A,included with this By: Ordinance,gives the full legal description tan RoVTud,General Manager of this property. or his designated agent Effective Date:This Ordinance shall take effect upon publication. ATTEST: Subscribed and sworn before me on Al John D.Frane City Clerk /s/Jean L.Harris this day of 1997 �7NM. Mayor >- , GNZ(A full copy of the text of this �� P: r �arqOrdinance is available from City Clerk.) !` 6S P C1-31 00 (Published in the Eden Prairie News on Thursday,June 12, 1997;No.8014) Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$16.00 per column inch Maximum rate allowed by law for the above matter...............................$16.00 per column inch Rate actually charged for the above matter..............................................$8.05 per column inch