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HomeMy WebLinkAboutOrdinance - 9-2002-PUD-6-2002 - Mitchell Crossing - 04/16/2002 MITCHELL CROSSING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 9-2002-PUD-6-2002 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 9-2002-PUD-6-2002 (hereinafter "PUD-6-2002- Community Commercial). Section 3. The City Council hereby makes the following findings: A. PUD-6-2002-Community Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2002-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-6-2002-Community Commercial are justified by the design of the development described in the preliminary plat dated February 7, 2002 as follows: 1. Lot size of 0.71 acres for Lot 1, 1.8 acres for Outlot A, and 0.375 acres for Outlot B. 2. Shoreland lot size of 0.375 acres for Outlot B. 3. Lot width and depth less than 300 feet for Lot 1, and Outlots A and B. 4. Front yard parking setback of 8 feet for the existing parking along Mitchell Road. 5. Rear yard accessory structure setback of 5 feet for Lot 1 for the existing car wash. 6. Zero foot setback for the existing pylon sign. D. PUD-6-2002-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 4. 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 PUD-6-2002-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 5. 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 6. 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 19th day of March, 2002, 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 16th day of April, 2002. ATTEST: C� Kath een A. Porta, City Clerk a yr qofuk ayor PUBLISHED in the Eden Prairie News on 5 E)UMIT A Mitchell Crossing Legal Description: Lot 2,Block 1,Edenvale Industrial Park,Hennepin County,Minnesota, EXCEPTING therefrom, that part shown as Parcel 93 on Minnesota Department of Transportation Right of Way Plat Number 27-91, filed in the office of the Hennepin County Recorder, on April 29, 1999, as Document No. 6888395. MITCHELL CROSSING CITY OF EDEN PRAIRIE H ANEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO. 9-2002-PUD-6-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at the southeast corner of Mitchell Road and Martin Drive within 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: Kathleen A. Porta, City Clerk 4an�/qZ30- e , Mayor PUBLISHED in the Eden Prairie News on the 4S V4 �4 a- (A full copy of the text of this Ordinance is available from City Clerk.) EXRIBIT A Mitchell Crossing Legal Description: Lot 2,Block 1,Edenvale Industrial Park,Hennepin County,Minnesota, EXCEPTING therefrom,that part shown as Parcel 93 on Minnesota Department of Transportation Right of Way Plat Number 27-91, filed in the office of the Hennepin County Recorder, on April 29, 1999, as Document No. 6888395. 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 the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA (A)This newspaper has complied with the requirements constituting qualification as a legal MITCHELL CROSSING newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as SUMMARY OF ORDINANCE amended. f NO. 9-2002-PUD-6-2002 1 AN ORDINANCE OF THE CITY (B)The printed public notice that is attached to this Affidavit and identified as No.(S/9/6P OF EDEN PRAIRIE, MINNESOTA, was published on the date or dates and in the newspaper stated in the attached Notice and said AMENDING THE ZONING OF i Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of CERTAIN LAND WITHIN ONE the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both i DISTRICT, AND ADOPTING BY inclusive,and is hereby acknowledged as being the kind and size of type used in the composition REFERENCE CITY CODE CHAPTER and publication of the Notice: AND SECTION 11.99, WHICH, AMONG OTHER THINGS,CONTAIN abcdefghijklmnopgrstuv PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, By: MINNESOTA, ORDAINS: im alZE: This ordinance allows Stan Rolfsrud,General M ger amendment ofthe zoning ofland located at or his designated agent the southeast comer ofMitchell Road and Martin Drive within the Community Subscribed and sworn before me on Commercial Zoning District. Exhibit A, includedwiththis Ordinance,gives the full legal description of this property. Effective Date:.This Ordinance shall this. day of ,2002 ='Ven'Vetake effect upon publication.Nancy Tyra-Lukens,Mayor ATTEST: ENZKathleen Porta;City ClerkNESOTA(A full copy of the text of this n.31,2005 Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Notary Public Thursday,April 25,2002;No.3916) 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................................................$10.23 per column inch