HomeMy WebLinkAboutOrdinance - 36-97-PUD-25-97 - National Tire & Battery - 07/01/1997 NATIONAL TIRE AND BATTERY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 36-97-PUD-25-97
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 C-Reg-Ser
Zoning District 36-97-PUD-25-97 (hereinafter"PUD-25-97-C-Reg-Ser").
Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement
dated as of August 5, 1997, entered into between Sears,Roebuck and Co.,and the City of Eden Prairie, (hereinafter
"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-25-97-C-Reg-Ser,
and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-25-97-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-25-97-C-Reg-Ser 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-25-97-C-Reg-Ser are justified by the design of the development described therein.
D. PUD-25-97-C-Reg-Ser 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 R1-9.5
District and shall be included hereafter in the Planned Unit Development 25-97-C-Reg-Ser,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 1st day of July,
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 5th day of August, 1997.
ATTEST:
aAl--
John D. Fra iOWerk an L. Hams, Mayor
PUBLISHED in the Eden Prairie News on /�4 7
NATIONAL TIRE AND BATTERY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 36-97-PUD-25-97
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:
Summary: This ordinance allows the amending of land located at Eden Road and Hwy.212,
within the C-Reg-Ser District on 1.15 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 / Y 7.
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
National Tire & Battery
Legal Description:
PUD Concept Amendment
Lot 1, Block 2, Eden Glen;
Lot 1, Block 1, Eden Glen 2nd Addition;
Lot 1 and 2, Block 1, Eden Glen 4th Addition;
Lot 1 and 2, Block 1, Brody Addition;
Lot 1, Block 1, Montgomery Addition;
all located in Hennepin County MN
PUD District Review, Zoning District Amendment, Site PIan Review
Lot 1, Block 2, Eden Glen; Hennepin County, MN
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 of
CITY OF EDEN PRAIRIE the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
HENNEPIN COUNTY, MINNESOTA as follows:
SUMMARY OF (A)This newspaper has complied with the requirements constituting qualification as a legal
ORDINANCE NO. 36-97-PUD-25-97 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, (B)The printed public notice that is attached to this Affidavit and identified as No. Slldb&
AMENDING CERTAIN LAND was published on the date or dates and in the newspaper stated in the attached Notice and said
WITHIN A ZONING DISTRICT, Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
ANIENDING THE LEGAL DESCRIP- the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
TION S OF LAND IN EACH DISTRICT, inclusive,and is hereby acknowledged as being the kAsipe used in the composition
AND ADOPTING BY REFERENCE and publication of the Notice:
CITY CODE CHAPTER 1 AND SEC-
TION 11.99 WHICH,AMONG OTHER abcdefghijkhnnopg
THINGS, CONTAIN PENALTY PRO-
VISIONS
THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, MINNE- B Z\.
SOTA, ORDAINS: Stan Rolfsrud,General Manager
Summary: This ordinance allows the or his designated agent
amendingof land located atEden Road and
Hwy.212,within the C-Reg-Ser District Subscribed and sworn before me on
on 1.15 acres; subject to the terms and
,:nditions of a developer's agreement.
Exhibit A,included with this Ordinance,
gives the fultlegal descriptionof thisprop- this&fday of 1997 erty.
EffectiveDate: This Ordinanceshall '' GWEN M. RADUENZ
take effect upon publication. NOTARY PUs1JO--NIINNESOTA
c MY COMMISSION EXPIRES t-31 00
ATTEST:
/s/John D.Frane
City Clerk
/s/Jean L.Harris Notary Public
Mayor
(Published in the Eden Prairie News on
Thursday,August 14, 1997;No.8066)
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