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HomeMy WebLinkAboutOrdinance - 21-2005-PUD-13-2005 - Eden Prairie Tech Center - 11/01/2005 EDEN PRAIRIE TECH CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-2005-PUD-13-2005 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-5 Zoning District 21-2005-PUD-13-2005 (hereinafter "PUD-13-2005-INDUSTRIAL). Section 3. The City Council hereby makes the following findings: A. PUD-13-2005-INDUSTRIAL is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-13-2005-INDUSTRIAL 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-13-2005-INDUSTRIAL are justified by the design of the development described therein. D. PUD-13-2005-INDUSTRIAL 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 November 1, 2005, entered into between Mount Properties, and the City of Eden Prairie, (hereinafter"Development Agreement'). The Development Agreement contains the terms and conditions of PUD-13-2005-INDUSTRIAL, 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 Industrial District and shall be included hereafter in the Planned Unit Development 13-2005-Industrial, 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 4ch day of October, 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 I"day of November, 2005. ATTEST: Kat en Porta, City Clerk C anc. yra- en , or PUBLISHED in the Eden Prairie Sun Current on�pG EXHIBIT A PUD Legal Description — That part of the North Half of the Northwest Quarter of the Southeast Quarter, Section 1, Township 116 North, Range 22 West Hennepin County, Minnesota, lying southeasterly of the centerline of Flying Cloud Drive. AND That part of the Southwest Quarter of the Northeast Quarter, Section 1, Township 116 North, Range 22 West Hennepin County, Minnesota, lying southeasterly of the centerline of Flying Cloud Drive. Lying northerly and easterly of a line described as commencing at the southeast corner of said North Half of the Northwest Quarter of the Southeast Quarter; thence northerly along the East line of said North Half of the Northwest Quarter of the Southeast Quarter 514.21 feet to the point of beginning of the line to be described; thence southwesterly, deflecting to the left 128 degrees 26 minutes 44 seconds 212.15 feet; thence westerly, deflecting to the right 40 degrees 50 minutes 55 seconds 737.42 feet; thence northerly, deflecting to the right 90 degrees 00 minutes 00 seconds 362.59 feet; thence northwesterly deflecting to the left 31 degrees 05 minutes 29 seconds a distance of 206.76 feet to the centerline of flying Cloud Drive and said line there terminating. And lying westerly of a line described as commencing at the southeast corner of said North Half of the Northwest Quarter of the Southeast Quarter; thence northerly along the East line of said North Half of the Northwest Quarter of the Southeast Quarter 514.21 feet to the point of beginning of the line to be described; thence southwesterly, deflecting to the left 128 degrees 26 minutes 44 seconds 212.15 feet; thence westerly, deflecting to the right 40 degrees 50 minutes 55 seconds 378.6 feet; thence northerly, deflecting to the right 85 degrees 21 minutes 25 seconds 756.88 feet to the centerline of flying Cloud Drive and said line there terminating. EDEN PRAIRIE TECH CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 21-2005-PUD-13-2005 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 Flying Cloud Drive and Shady Oak Road within the I-5 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 Teen Porta, City Clerk an 0yra-1k Iayor PUBLISHED in the Eden Prairie Sun Current onG ' (A full copy of the text of this Ordinance is available from City Clerk.) v � 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.§331 A.02,§331 A.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 10 day of November , 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: abcdefg h ij kl mnopq rstuvwxyz BY: CFO City Of Eden Praide ((�fflclal Publlcatlo�) CITY OF LDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA EDEN PRAIRIE TECH CENTER Subscribed and sworn to or affirmed before me SUMMARY OF ORDINANCE NO.21-2005-PUD-13- 2005 on this 10 day of November 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 „ L__ 11.99,WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. Notary Pu lic THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS: SumM:"This ordinance allows amendment of the zon- MARY ANN CARLSON ;)n W. ¢located at Flyinthe 1-52ohingg,Cloud Driivv�ec�and Shady Oak NOTARY PUBLIC—MINNESOTA with this �rdi ance,gives tFfH� �I�J�ri� MY COMMISSION EXPIRES131-09 1 property. ' :ThIs Ordinance shalUd646cWpbn pub- lication: , RATE INFORMATION +NapcyTyra-Lukens,Mayorx:rrC 'CEt �'` 'Attest: Kathleen Porta,City Clerk (1)Lowest classified rate paid by commercial users $ 2.85 per line PUBLISHED in the Eden Prairie Sun Current on Novem- ber 10,2005. for comparable space (A full copy of the text of this Ordinance is available from City Clerk.) (2) Maximum rate allowed by law $ 6.20 per line (Nov.10,2005)d4/21-2005 Summ (3) Rate actually charged $ 1.30 per line