HomeMy WebLinkAboutOrdinance - 9-2006-PUD-7-2006 - Lone Oak Center - 03/21/2006 LONE OAK CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 9-2006-PUD-7-2006
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
Commercial Regional Service Zoning District and be placed in the Planned Unit Development
Community Commercial Zoning District 9-2006-PUD-7-2006 (hereinafter "PUD-7-2006-C-
Com").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of March 21, 2006, entered into between Dove Capital III,
LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development
Agreement contains the terms and conditions of PUD-7-2006-C-Com, and are hereby made a
part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-7-2006-C-Com is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-7-2006-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-7-2006-C-Com are justified by the design of the
development described therein.
D. PUD-7-2006-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-7-2006-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
21 st 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:
Ka Teen Porta, City Clerk ncy T - u s, o
PUBLISHED in the Eden Prairie Sun Current on Ow 0?004
EXHIBIT A
LEGAL DESCRIPTION
LOTS 1 & 2, BLOCK 1, WINGATE HOTEL ADDITION, HENNEPIN COUNTY,
MINNESOTA
LONE OAK CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 9-2006-PUD-7-2006
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:
Summ This ordinance allows rezoning of land located at the northwest corner of
ary: g
Lone Oak Road and Mitchell Road from the Commercial Regional Service Zoning District to the
Community Commercial Zoning District on 5.27 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 leen Porta, City Clerk or
PUBLISHED in the Eden Prairie Sun Current on 6 .
(A full copy of the text of this Ordinance is available from City Clerk.)
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:
abcdefghilklmnopgrstuvwxyz
BY:
CFO
Subscribed and sworn to or affirmed before me
on this 30 day of March ,2006. 'City of Eden Prairie
(Official Publication)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
LONE OAK CENTER
Notary AA3116c SUMMARY OF ORDINANCE NO. 9-2006-PUD-7-2006
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,
MINNESOTA,REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER,
MARY ANN CARLSON AMENDING THE LEGAL DESCRIPTIONS OF LAND IN
NOTARY PUBLIC—MINNESOTA EACH DISTRICT,AND ADOPTING BY REFERENCE
MY COMMISSION EXPIRES i-m-w CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,
AMONG OTHER THINGS,CONTAIN PENALTY PROVI-
SIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,
RATE INFORMATION MINNESOTA,ORDAINS:
mm This ordinance allows rezoning of land locat-
ed at the northwest corner of Lone Oak Road and Mitchell
1 Lowest classified rate aid b commercial users $ 2.85 per line Road from the Commercial Regional Service Zoning .27
( ) paid y � trio to the Community Commercial Zoning District on 5.27
acres. Exhibit A,included with this Ordinance,gives the
for Comparable Space full legal description of this property.
(2)Maximum rate allowed by law $ 6.20 per line IEff a Date:This Ordinance shall take effect upon pub-
cation.
Nancy Tyra-Lukens,Mayor
130 per line Attest: Kathleen.Porte,City clerk
.
(3)Rate actually charged $ p PUBLISHED in the Eden Prairie Sun Cunenton March 30,
(A full -of the text of this Ordinance is available from
City Clerk.
(Mar.30,2006)d4/Summary 9-2006