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HomeMy WebLinkAboutOrdinance - 13-2007-PUD-2-2007 - The Lock Up PUD Amendment - 05/01/2007 THE LOCK UP PUD AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-2007-PUD-2-2007 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 Commercial Regional Service Zoning District 13-2007-PUD-2-2007 (hereinafter "PUD-2- 2007-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-2-2007-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2007-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-2-2007-C-REG-SER are justified by the design of the development described therein. D. PUD-2-2007-C-REG-SER 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 First Amendment to Development Agreement dated as of May 1, 2007, entered into between The Lock Up-Evergreen Development Series, LLC and the City of Eden Prairie, (hereinafter "Development Agreement'). The Development Agreement contains the terms and conditions of PUD-2-2007-REG-SER, 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 Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development 2-2007-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 17th day of April, 2007, 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 lst day of May, 2007. ATTEST: Kat een Porta, City Clerk Phil oung, May PUBLISHED in the Eden Prairie Sun Current on r�( �� , 2007. THE LOCK UP PUD AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 13-2007-PUD-2-2007 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 12995 Valley View Road within the Commercial Regional Service 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: />]� ��t P I KatMeen Porta, City Clerk Phil Young, Ma or PUBLISHED in the Eden Prairie Sun Current on NJ& /0 , 2007. (A full copy of the text of this Ordinance is available from City Clerk.) LEGAL DESCRIPTION—LOCK UP PUD AMENDMENT Lot 1, Block 1, Minnesota Tree Third Addition, Hennepin County, Minnesota Abstract Property City of Eden Prairie (Official Publication) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA THE LOCK UP PUD AMENDMENT _ SUMMARY OF ORDINANCE NO.13-2007-PUD-2-2007 newspapers AN ORDINANCE THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CHAPTER I AND SECTION AFFIDAVIT OF PUBLICATION 111.99,WHICH,ITY AMONGEOTHER THINGS, CONTAIN PENALTY PROVISIONS STATE OF MINNESOTA ) THE CITY COUNCIL OFTHE CITY OF EDEN PRAIRIE, )SS. MINNESOTA,ORDAINS: COUNTY OF HENNEPIN ) Summary: This ordinance allows amendment of the zon- ing of land located at 12995 Valley View Road within the Richard Hendrickson, being duly sworn on Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance,gives the full legal descrip- an oath,states or affirms that he is the Chief tion of this property. Financial Officer of the newspaper known as Effective Date: This Ordinance shall take effect upon Sun-Currents publication. and has full knowledge of the facts stated Phil Young,Mayor below: ATTEST: Kathleen Porta,City Clerk PUBLISHED in the Eden Prairie Sun-Current on the 10th (A)The newspaper has complied with all of day of May,2007. the requirements constituting qualifica- (A full copy of the text of this Ordinance is available from tion as a qualified newspaper as provid- City Clerk.) ed by Minn. Stat. §331 A.02, §331 A.07, (May 10,2007)d4-ord 13-2007 Summary and other applicable 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 Thurs- day,the 10 day of May 2007, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ____ day of ,2007;and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefg hijkl mnopq rstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 10 day of May 2007. ^4 e; Notary Public MARY ANN CARLSON NOTARY PUBLIC—MINNESOTA MY COMMISSION EXPIRES 1-31-09 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 (3) Rate actually charged $ 1.30 per line