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HomeMy WebLinkAboutOrdinance - 12-2005-PUD-8-2005 - L.G. Everest Transfer Station - 08/16/2005 L.G. EVEREST TRANSFER FACILITY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-2005-PUD-8-2005 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 I—General Zoning District 12-2005-PUD-8-2005 (hereinafter "PUD-8-2005-I-GEN"). Section 3. The City Council hereby makes the following findings: A. PUD-8-2005-I-GEN is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-2005-I-GEN 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-8-2005-I-GENare justified by the design of the development described therein. D. PUD-8-2005-I-GEN 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 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 16, 2005, entered into between L.G. Everest, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-8-2005-I-GEN, and are hereby made a part hereof. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the I-General District and shall be included hereafter in the Planned Unit Development PUD-8-2005-I-GEN, 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 I 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 21St day of June, 2005, 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 August, 2005. ATTEST: Kath een Porta, City Clerk --'ancy a- ens, a r PUBLISHED in the Eden Prairie Sun Current on o�✓� �. L.G. EVEREST TRANSFER FACILITY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 12-2005-PUD-8-2005 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 Industrial Drive within the I-General 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: Kath een Porta, City Clerk Nark yr - ukens, ayor PUBLISHED in the Eden Prairie Sun Current on r (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A PUD Legal Description — TRACT I AND # 1054 HE TRACT J RLS EP COUNTY, MINNESOTA C NN IN CO , I N newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,as provided by Minn.Stat.§331A.02,§331A.07,and other applic- able laws,as amended. (B)The printed public notice that is attached was published in the newspaper once each week,for one successive week(s);it was first published on Thursday,the 25 day of August , 2005, and was thereafter printed and published on every Thursday to and including Thursday, the day of ,2005;and printed below is a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl- edged as being the size and kind of type used in the composition and publication.of the notice: abcdefgh ij kl mnopgrstuvwxyz r BY: CFO City of Eden Prairie --- (Offtctal PubllcatIM CITY OF EDEN HENNEPIN Subscribed and sworn to or affirmed before me L.G. COUNTy,k*Ad pU EVERESTTRANgFER 0QNjTV SUMMARY OF ORDNANCE NO.1 on this 25 day of August , 2005. AN ORDINANCE OF THE CITY ' "' MNNESOTA,"AMENDfl�(i'THE ' LAND WITHIN ONE DISTR1Ct / RZ:FERENCtc CITY CODE CHA / 11.99, WHICH, AMONG OTHER TR T PENALTY PROVISIONS 'CONTAfN Notary PLkfic THE CrrY COUNCIL OF THE txrY OF Egg MMNTA,ORDAINS_ i This ordinance allows�of ZOn PUBLIC MARY ANN CARLSON I onln located at Ind �1 Ciener NOTARY -MINNESOTA g DiStrits. Exhibit A i MY COMMISSION EXPIRES 1�1-09 !ems the descripti,on of thfe Wq=* ' Ucation This Ordinance shagWOeMect Won Pub- 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 Atlesl MM Clark PUBLISHED in the Eden.PeSWD Sun Current on August (3) Rate actually charged $ 1.30 per line 25,2005. (A kd copy�of#0 text ct tt*ckdoancN iscity-cierio avaim"from (Aug 25.20Q6)ft4tt itQOS ;yt,' ,.