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Home My WebLink AboutOrdinance - 9-2004-PUD-7-2004 - LaMettry Tire - 03/23/2004 LAMETTRY TIRE SHOP CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 9-2004-PUD-7-2004 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 Commercial Regional Service Zoning District 9-2004-PUD-7-2004 (hereinafter "PUD-7-2004-C-Reg-Ser"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 23, 2004, entered into between Richard LaMettry, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-7-2004-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-7-2004-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-2004-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-7-2004-C-Reg-Ser are justified by the design of the development described therein. D. PUD-7-2004-C-Reg-Ser 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 Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development PUD-7-2004-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 17th day of February, 2004, 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 23rd day of March, 2004. ATTEST: Ole Kathleen Porta, City Clerk jN�anqX*Yra,&ukens,,-12- yor PUBLISHED in the Eden Prairie Sun Current on �� EXHIBIT A PUD Legal Description — LaMettry Tire Shop Outlot A,Menard P Addition,Hennepin County, MN. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 9-2004-PUD-7-2004 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 1.22 acres of land located east of Plaza Drive, west of I-494, from the Rural Zoning District to the Commercial Regional Service 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: Kafhleen Porta, City Clerk N cy T s, PUBLISHED in the Eden Prairie Sun Current on ADO (A full copy of the text of this Ordinance is available from City Clerk.) City of Eden Prairie (Offiicial Publication) `= CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA newspapers suNIIVfARY OPUD IN00 CE NO.9•2004- AFFIDAVIT OF PUBLICATION AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN AND STATE OF MINNESOTA) P CCIINGITINANZOTHER,AMENDIONING DISTRIN LA GTHE LEGAL DESCRIPTIONS OF LAND IN EACH ss. DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, COUNTY OF HENNEPIN) NCH'AMONG PROVISSIIIONSCONTAIN Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief THE CITY COUNCIL OF THE CITY OF EDEN Financial Officer of the newspaper known as Sun-Current and has PRAIRIE,MINNESOTA,ORDAINS: full knowledge of the facts stated below: land This ordinance allows rezoning of 1.22 acres of located east of Plaza Drive,west of I.494,from the Rural Zoning District to the Commercial Regional Service (A)The newspaper has complied with all of the requirements constituting qualification as a Zoning District. Exhibit A,included with this Ordinance, gives the full legal description of this property. qualified newspaper, as provided by Minn. Stat.§331A.02, §331A.07, and other applicable Effective Date:Tlvsordinanceshalltalceeffectnpnnpub- lication. laws,as amended. � Nancy Tyra-Lukens,Mayor (B)The printed public notice that is attached was published in the newspaper once each week, ATPEST: Kathleen Porta,City Clerk PUBLISHED in the Eden Prairie Sun Current on April 1, for one successive weeks; it was first published on Thursday, the 1 day of 2004. (A full copy of the text of this Ordinance is available from April , 2004, and was thereafter printed and published on every Thursday to and City Clerk.) including Thursday,the day of ,2004;and printed below is a copy of the (April 1,2004)D4/Ord 9-2004-summary lower case alphabet from A to Z, both inclusive,which is hereby acknowledged as being the size and kind of type used in the composition and a Ion o notice: abcdefghijklmnopq•tuvwxyZ B CFO Subscribed and sworn or''affirmed fore me /this day of lam, 004. Not ry Public A^4 MERIDEL M.HEDBLO M ` ' NOTARY PUBLIC-UNNESOTA t.1Y CONIIII1SSION EXPIRES 1.31.2005 O`.h�:'rNbYWW W�+viti+.^rVv1M'�VL'IN�P o RATE INFORMATION (1)Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line