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HomeMy WebLinkAboutOrdinance - 13-2002-PUD-9-2002 - The Watertower - 05/21/2002 THE WATERTOWER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO. 13-2002-PUD-9-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA, 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 Commercial Regional Service Zoning District and be placed in the Planned Unit Development Community Commercial Zoning District 13-2002-PUD-9-2002 (hereinafter "PUD-9-2002-C- Com"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 21, 2002, entered into between North American Properties of Minnesota, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-9-2002-C-Com, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-9-2002-C-Com is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-2002-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-9-2002-C-Com are justified by the design of the development described therein. D. PUD-9-2002-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 Commercial Regional Service Zoning District, and placed in the Community Commercial Zoning District and shall be included hereafter in the Planned Unit Development PUD-9-2002-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 18tg day of December, 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 21 st day of May,2002. ATTEST: Kathliben Porta, City Clerk cy a- en , ayor PUBLISHED in the Eden Prairie News on EXHIBIT A Pud Legal Description — The Watertower Lot 2,Block 1, Eden Prairie Marketcenter Vd Addition THE WATERTOWER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 13-2002-PUD-9-2002 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 Singletree Lane, east of Bachman's from the Commercial Regional Service 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: Kathleen Porta, City Clerk N c yra uk ayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) CITY OF EDEN PRAMIE HENNEPIN COUNTY, MINNESOTA ! Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of THE WATERTOWER the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated SUMMARY OF ORDINANCE NO. I as follows: 13-2002-PUD-9-2002 AN ORDINANCE OF THE CITY (A)This newspaper has complied with the requirements constituting qualification as a legal OF EDEN PRAIRIE, MINNESOTA, f newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as REMOVING CERTAIN LAND FROM amended. ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, (B)The printed public notice that is attached to this Affidavit and identified as No.� AMENDING THE LEGAL was published on the date or dates and in the newspaper stated in the attached Notice and said DESCRIPTIONS OF LAND IN EACH Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of DISTRICT, AND ADOPTING BY the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both REFERENCE CITY CODECHAPTER 1 inclusive,and is hereby acknowledged as being the kind an e of type used in the compositionAND SECTION 11.99, WHICH,AMONG OTHER THINGS,CONTAIN and publication of the Notice: PENALTY PROVISIONS abcdefghijklmnopgrs vw THE CITY COUNCIL OF THE 91 CITY OF EDEN PRAIRIE, M ,4NESOTA, ORDAINS: Summary: This ordinance allows A- rezoning ofiandlocatedatSingletreeLane, PRo-11sma,,4216erManager east of Bachman's from the Commercial or his designated agent Regional Service Zoning District to the Community Commercial ZoningDistrict. Subscribed and sworn before me on Exhib#A,included with this Ordinance, , gives the,full legal description,of this -property,ctive Date: This Ordinance shall this day of ,2002 take effect upon publication. i GWEN M.RADUENZ Nancy Tyra-Lukens,Mayor Attest: ! Ww Kathleen Porta,City Clerk-, NOTARYPUBLIC MINNESOTA(AfiillcopyofthetextofthisOrdinance My Commission moires Jan.31,2005 is available from City Clerk.) (Published in the Eden Prairie News on Thursday,May 30,2002;No.3938) 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.................................................$10.23 per column inch