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Home My WebLink AboutOrdinance - 53-97-PUD-33-97 - Washburn McCreavy Funeral Chapel - 09/16/1997 WASHBURN MCREAVY FUNERAL CHAPEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 53-97-PUD-33-97 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 Community Commercial Zoning District 53-97-PUD-33-97(hereinafter"PUD-33-97-Community Commercial"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 21, 1997,entered into between Washburn McReavy Funeral Chapel and the City of Eden Prairie, (hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-33- 97-Community(commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-33-97-Community Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-33-97-Community 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-33-97-Community Commercial are justified by the design of the development described therein. D. PUD-33-97-Community 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 amended within the Community Commercial District and shall be included hereafter in the Planned Unit Development 33-97-Community 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 16th day of September, 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 21st day of October, 1997. ATTEST: John D.F e, rty Clerk janarris, Mayor PUBLISHED in the Eden Prairie News on OC)�ll.ttkj0 / -1 7 WASHBURN MCREAVY FUNERAL CHAPEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 53-97-PUD-33-97 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 amending of land located East on Mitchell Road,east of Martin Drive within the Community Commercial Zoning District on 7.51 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,3 (A full copy of the text of this Ordinance is available from City Clerk.) Exibit A Washburn McReavy Funeral Chapel Leal Descrintion: Lot 1,Block 1, Edenvale Industrial Park, according to the recorded plat thereof, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 53-97-PUD-33-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING 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 subject of 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- Countyof Hennepin ated proposing that the land be amended enne p within the Community Commercial Zon- ing District 53-97-PUD-33-97(hereinaf- ter "PUD-33-97-Community Commer- cial"). Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of Section 3.The land shall be subject to the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated the terms and conditions of that certain as follows: Developer's Agreement dated as of Octo- (A)This newspaper has complied with the requirements constituting qualification as a legal ber 21, 1997, entered into between newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as Washburn McReavy Funeral Chapel and amended. the City of Eden Prairie, (hereinafter "Developer's Agreement"). The (B)The printed public notice that is attached to this Affidavit and identified as No.� Developer's Agreementcontains the terms was published on the date or dates and in the newspaper stated in the attached Notice and said and conditions of PUD-33-97-Commu- Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of nity Commercial,and are hereby made a the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both part hereof. inclusive,and is hereby acknowledged as being the kind and size of type used in the composition Section 4. The City Council hereby and publication of the Notice: makes the following findings: A.PUD-33-97-CommunityCommer- abcdefghijklmnopgrstuvwx cial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B.PUD-33A7-CommunityCommer- cial is designed in such amanner to form a By. desirable and unified environment within Stan Rolfsrud, eneral Manager its own boundaries. or his designated agent C. The exceptions to the standard Subscribed and sworn before me on requirements of Chapters 11 and 12 of the City Code that are contained in PUD-33- 97-Community Commercial are justified 4/_- by the design of the development de- thist day ofS 1997 , scribed therein. -. D.PUD-33-97-CommunityCommer- cial is of sufficient size,composition,and arrangementthatitsconstruction,market- t`C'pR�f��SLZC—it;tz4:_S4TA M1_;CC.,V!=c.CNJ EXRRES 1-31-0G ing,and operation is feasible as acomplete unit without dependence upon any subse- 2 --'�� quent unit. Notary Public Section 5. The proposal is hereby adopted and the land shall be,and hereby is amended within the Community Com- mercial District and shall be included here- after in the Planned Unit Development33- 97-CommunityCommercial,and thelegal RATE INFORMATION descriptions of land in each district re- Lowest classified rate aid b commercial users for comparable space....$16.00 per column inch re- ferred to in City Code Section 11.03, paid Y subdivision 1, subparagraph B,shall be Maximum rate allowed by law for the above matter...............................$16.00 per column inch and are amended accordingly. Rate actually charged for the above matter.............................................$8.05 per column inch Section 6.City Code Chapter 1 en- titled"General Provisions and Definitions Applicable to the Entire City Code Includ- FIRST READ at aregular meeting of ing Penalty for Violation" and Section the City Council of the City of Eden Prairie 11.99 entitled"Violation aMisdemeanor' on the 16th day of September, 1997,and are hereby adopted in their entirety by finallYread and adopted andorderedpub- reference, as though repeated verbatim lished in summary form as attachedhereto herein. at aregular meeting of the City Council of Section 7.This Ordinance shall be- said City on the 21 stdayof October,1997. come effective from and after its passage ATTEST: and publication. n John D.Fran,City Clerk p Jean L Iiauk,Mayor (Publislod is the Won Praitio News on Thursday,Oc"ar 30,1997;No.9140)