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HomeMy WebLinkAboutOrdinance - 35-2001-PUD-24-2001 - Eden Prairie Auto Center - 09/04/2001 EDEN PRAIRIE AUTO CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.35-2001-PUD-24-2001 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 Zoning District and be placed in the Planned Unit Development Community Commercial Zoning District 35-2001-PUD-24-2001 (hereinafter"PUD-24-2001-C-Com"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 20, 2001, entered into between Westbrook Development, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-24-2001-C-Com, and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-24-2001-C-Com is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-24-2001-C-Com 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-24-2001-C-Com are justified by the design of the development described therein. D. PUD-24-2001-C-Com is of sufficient size, composition, and arrangement that its construction, marketing, and operation are 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 Zoning District, and placed in the Community Commercial Zoning District and shall be included hereafter in the Planned Unit Development 24-2001-C-Com 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 4th day of September, 2001, 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 20th day of December, 2001. ATTEST: / e*,�o d. �& Kat een A. Porta, City Clerk Nkzc3aST,-9ukeWActing Mayor PUBLISHED in the Eden Prairie News on �p/)tbP,J EDEN PRAIRIE AUTO CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 35-2001-PUD-24-2001 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 west of Aztec Drive and east of T.H. 212, from the Rural Zoning District to the Community Commercial Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kat lee�APo a, City Clerk N y a- en cting Mayor PUBLISHED in the Eden Prairie News on ��� o� f (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Legal Description: Outlot A,Anderson Lakes Commercial Center 2"d Addition except that part platted as Anderson Lakes Commercial Center 3rd Addition and except that part taken for Highway 212. Affidavit of Publication Southwest Suburban Publishing CITY OF EDEN PRAIRIE State of Minnesota ) HENNEPIN COUNTY, )SS, MINNESOTA SUMMARY OF ORDINANCE NO. County of Hennepin ) 35-2001-PUD-24-2001 EDEN PRAIRIE AUTO CENTER AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of REMOVING CERTAIN LAND FROM the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated ONE ZONING DISTRICT AND PLAC- as follows: ING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF (A)This newspaper has complied with the requirements constituting qualification as a Iegal LAND IN EACH DISTRICT, AND newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as ADOPTING BY REFERENCE CITY amended. CODE CHAPTER 1 AND SECTION Q� 11.99, WHICH, AMONG OTHER (B)The printed public notice that is attached to this Affidavit and identified as No.,_f' THINGS,CONTAIN PENALTY PRO- was published on the date or dates and in the newspaper stated in the attached Notice and said 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 lower case alphabet from A to Z,both CITY OF EDEN PRAIRIE, MINNE- inclusive,and is hereby acknowledged as being the kind and s' a of type used in the compositi SOTA,ORDAINS: and publication of the Notice: Summary:This ordinance allows re- zoning of Iand Iocated west of Aztec abcdefghijkhnnopgrstu Drive and east of T.H.212,from the Rural Zoning District to the Community Com- mercial Zoning District. Exhibit A,in- B cluded with this Ordinance,gives the full y legal description of this property. t Ifsrud,General Manager Effective Date:This Ordinance shall or his designated agent take effect upon publication. Nancy Tyra-Lukens,Acting Mayor Subscribed and sworn before me on ATTEST: Kathleen Porta,City Clerk (A full copy of the text of this Ordinance tz is available from City Clerk.) (Published in the Eden Prairie News on this��day of 001 '�''n"` Thursday,December 27,200 1;No.3 8 3 0) G`.': R4110UENZ v�li 9 7� cc l W Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch Maximum rate allowed by law for the above matter................................$20.00 per column inch Rate actually charged for the above matter.................................................$9.75 per column inch