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HomeMy WebLinkAboutOrdinance - 8-2006-PUD-6-2006 - Horizon Place - 03/21/2006 HORIZON PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-2006-PUD-6-2006 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 8-2006-PUD-6-2006 (hereinafter "PUD-6-2006-C-Reg-Ser). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 30, 2006, entered into between Par-Vest, Inc, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-6-2006-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-6-2006-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2006-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-6-2006-C-Reg-Ser are justified by the design of the development described therein. D. PUD-6-2006-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-6-2006-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 21St day of February, 2006, 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 21st day of March, 2006. ATTEST: Kat een Porta, City Clerk cy a- ens, or PUBLISHED in the Eden Prairie Sun Current on .2Dd G HORIZON PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 8-2006-PUD-6-2006 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 West of T.H. 212, south of Fountain Place, east of Columbine Road from the Rural Zoning District to the Commercial Regional Service Zoning District on 1.74 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Ka Teen Porta, City Clerk yra- ken , ayor PUBLISHED in the Eden Prairie Sun Current on (� 3 o �0 . (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Lot 1, Block 2, FOUNTAIN PLACE, Hennepin County, Minnesota AND Commencing at the northwest corner of Section 23, Township 116, Range 22, thence East along the north line of said Section to the center of the State Highway Numbered 212 and 169 formerly known as Number 5; thence southwesterly along the center line of said highway to the west line of said Section; thence North to place of beginning AND Lot 1, Block 1, FOUNTAIN PLACE APARTMENTS, according to the recorded plat thereof, Hennepin County, Minnesota. 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.§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 30 day Of March , 2006, and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2006;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: abodefgh ijkimnopq rstuvwxyz BY: Ede CFO Subscribed and sworn to or affirmed before me on this 30 day of March ,2006. City of Eden Prairie 7 (Official Publication) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA HORIZON PLACE SUMMARY OF ORDINANCE NO. 6-2006-PUD-6-2006 Notary P is 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 MARY ANN CARLSON EACH DISTRICT,AND ADOPTING.BY REFERENCE NOTARY PUBUC—MINNEWTA CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH, MY COMMISSION EXPIRE3131-09 AMONG OTHER THINGS,CONTAIN PENALTY PROVI- SIONS 140 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS: Summary; This ordinance allows rezoning of land Iooat- RATE INFORMATION ed West of T.H. 212, south of Fountain Place, east of Columbine Road from the Rural Zoning District to the Commercial Regional Service Zoning District on 1.74 (1)Lowest classified rate paid by commercial users $ 2.85 per line acres. Exhibit A,included with this Ordinance,gives the full legal description of this property. for comparable space Effective Date:This Ordinance shall take effect upon pub- lication. (2)Maximum rate allowed by law $ 6.20 per line Nancy Tyra-Lukens,Mayor Attest: Kathleen.Porte,City Clerk PUBLISHED in the Eden Prairie Sun Currenton March 30, (3)Rate actually charged $ 1.30 per line 2006. (A full copy of the text of this Ordinance is available from City.Clerk.) (Mar.30,2006)d4/Summary B-2006