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Home My WebLink AboutOrdinance - 27-2006-PUD-19-2006 - Mitchell Crossing - 11/14/2006 MITCHELL CROSSING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 27-2006-PUD-19-2006 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 Community Commercial Zoning District 27-2006-PUD-19-2006 (hereinafter "PUD-19-2006- C-COM). Section 3. The City Council hereby makes the following findings: A. PUD-1 9-2006-C-COM is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-19-2006-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-19-2006-C-COM are justified by the design of the development described therein. D. PUD-19-2006-C-COM 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 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of November 14, 2006, entered into between Mitchell Crossing Properties, LLC and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-19-2006-C-COM, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Community Commercial Zoning District and shall be included hereafter in r the Planned Unit Development 19-2006-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 5th day of September, 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 14`h day of November, 2006. ATTEST: Kat een Porta, City Clerk N cy T P-14ks, PUBLISHED in the Eden Prairie Sun Current on 5�wwik 23 oVd6 . EXHIBIT A PUD Legal Description — Mitchell Crossing Parcel 1: Outlot A, Mitchell Crossing 2nd Addition, Hennepin County, Minnesota . Parcel 2: Outlot B, Mitchell Crossing, Hennepin County, Minnesota. Parcel 3: Lot 1, Block 1, Edenvale Recreation Center 2nd addition, Hennepin County, Minnesota, Excepting therefrom, that part of Lot 1, Block 1 lying Southerly of the Easterly extension of the North line of Lot 2, Block 1, the Northerly line of Lot 2, Block 1 extended easterly to a point of intersection with the Easterly line of Lot 2, Block 1, extended Northerly all in Edenvale Recreation Center 2nd addition; And excepting therefrom that part of Lot 1, Block 1, lying Easterly of the Northerly extension of the West line of Lot 3, Block 1, and Southerly of a line parallel with and ten (10') feet Northerly of the North line of Lot 3, Block 1, and Westerly of a line parallel with and thirty (30') feet Easterly of the Northerly extension of the West line of Lot 3, Block 1, and Northerly of the north line of Lot 3, Block 1, all in Edenvale Recreation Center 2nd addition; And excepting therefrom that part shown as Parcel 93 on Minnesota Department of Transportation right of way plat number 27-91, filed in the office of the Hennepiin County Recorder, on April 29, 1999, as Document No. 6888395. MITCHELL CROSSING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 27-2006-PUD-19-2006 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 Highway 5 and Mitchell Road within the Community Commercial 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: ,f K lee orta, City Clerk ancy a- e yor PUBLISHED in the Eden Prairie Sun Current on a3 , 2006. (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 23 day of November , 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: abcdefgh ijklmnopgrstuvwxyz BY: 1- FO Subscribed and sworn to or affirmed before me on this 23 day of November 2006. - City of Eden Prairie AL (Official Publication) CITY OF EDEN PRAIRIE Nota bliC HENNEPIN COUNTY,MINNESOTA MITCHELL CROSSING SUMMARY OF ORDINANCE NO.27-2006-PUD-19-2006 MARY ANN CARLSON AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN NOTARY PUBLIC—MINNESOTA LAND WITHIN ONE DISTRICT, AND ADOPTING BY MY COMMISSION EXPIRES 1-a1-09 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, RATE INFORMATION MINNESOTA,ORDAINS- RATE This ordinance allows amendment of the zon- ing of land located at Highway 5 and Mitchell Road within 1 Lowest classified rate aid b commercial users $ 2.85 er line the Community Commercial Zoning District. Exhibit A,in- ( ) p y p cluded with this Ordinance,gives the full legal description for comparable space of this property. Effective Date: This Ordinance shall take effect upon (2)Maximum rate allowed by law $ 6.20 per line publication. Nancy Tyra-Lukens,Mayor Kathleen Porte,City Clerk (3) Rate actually charged $ 1.30 per line PUBLISHED in the Eden Prairie Sun Current on Novem- ber23,2006. (A full copy of the text of this Ordinance is available from City Clerk.) (Nov.23,2006)d4-ord 27-2006