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Home My WebLink AboutOrdinance - 23-2007-PUD-10-2007 - Liberty Plaza - 10/25/2007 LIBERTY PLAZA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-2007-PUD-10-2007 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 Office Zoning District and that land be amended in the I-2 District 23-2007-PUD-10-2007 (hereinafter "PUD-10-2007-OFC-I-2"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 16, 2007, entered into between Liberty Property limited partnership, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-10-2007-OFC-I-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1 0-2007-OFC-I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-10-2007-OFC-I-2 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-10-2007-OFC-I-2 are justified by the design of the development described therein. D. PUD-10-2007-OFC-1-2 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 Office Zoning District and the land shall be, and hereby is amended within the I-2 District and shall be included hereafter in the Planned Unit Development PUD-10-2007-OFC-I-2 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. The proposal is hereby adopted and shall be included hereafter in the Planned Unit Development 10-2007-OFC-I-2, 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 7. 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 8. 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 41h day of September, 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 10h day of October, 2007. ATTEST: Al Kat een Porta, City Clerk PhiVfoung, Mayor PUBLISHED in the Eden Prairie Sun Current on L'44r 6?,5 , 2007. El"NCHIBIT Al 23-2007-PUD-10-2007 Liberty Plaza— Guide Plan legal description and Office Zoning Description That part of Lot 1 Block 1, BEST BUY ADDITION, according to the recorded plat thereaf,�Hennepin County, Minnesota, lying westerly and northerly of the following described line: Beginning at the northeasterly corner of said Lot 1; thence South 01 degrees 27 nritutes 27 secondsEast; assumed bearing along the easterly line of said Lot 1, a distance of 194.75 feet; thence-SouthS2-degrees 43 minutes 45 seconds West, a distance of 121 58;-thbkce-South 47 degrees 39 minutes 19 seconds West, a distance of2.4.4.1..feet;:.thence.South 04 degrees 58 minutes 17 seconds.West, a distance of 85.71 feet;/thence South 78 degrees 34 minutes 16 seconds West, a distance of 96 35£eetrthence South.21 degrees 02 minutes 47 seconds East, a distance of 14.77 - ----- -fe€t;thence-South 08-degrees=09=minutes 1-9 seconds East,a distance'of 60.10 feet-,, thence South 03 degrees 41 minutes 34 seconds East, a distance of 33.47 feet; thence South 01 degrees 03 minutes 41 seconds West,a distance of 58.20 feet; thence South 05 degrees 42 minutes 47 seconds West;a distance of 32.49 feet; thence South 17 degrees 45 minutes 25 seconds West, a distance of 27.47 feet; thence South 34 degrees 31 minutes 13 seconds West, a distance of 106.50 feet; thence South-64degrees 27 minutes 32 seconds West, a distance of 80.95 feet; thence North 86 degrees 23 minutes 06 seconds West, a distance of 227.35 feet; thence North 90 degrees.00 minutes 00 seconds West, a distance of288.52 feet; thence South 03 degrees 10 minutes 55 seconds East, a distance of 19.62 feet; thence South 89 degrees 26 minutes 03 seconds West, a distance of 307.55 feet to the westerly line of said lot 1 and said line there terminating. i i I i I I LIBERTY PLAZA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 23-2007-PUD-10-2007 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 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 rezoning of land located on Flying Cloud Drive from the Rural Zoning District to the Office Zoning District on 17.31 acres and allows amendment of the zoning of land within the I-2 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: K hleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on QdPh1t) y?S , 2007. (A full copy of the text of this Ordinance is available from City Clerk.) City of Eden Prairie (Official Publication) CITY OF EDEN PRAIRIE « '> HENNEPIN COUNTY,MINNESOTA LIBERTY PLAZA SUMMARY OF ORDINANCE NO. 23-2007-PUD-10-2007 ]jj[eWS►Ps` Pe]rSi AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE AFFIDAVIT OF PUBLICATION ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND STATE OF MINNESOTA ) AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE )Ss. CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH, COUNTY OF HENNEPIN ) AMONG OTHER THINGS,CONTAIN PENALTY PROVI- SIONS Richard Hendrickson, being duly sworn on THE CITY COUNCIL OFTHE CITY OF EDEN PRAIRIE, an oath,states or affirms that he is the Chief MINNESOTA,ORDAINS: Financial Officer of the newspaper known as Summary: This ordinance allows rezoning of land locat- ed on Flying Cloud Drive from the Rural Zoning District to the Office Zoning District on 17.31 acres and allows and has full knowledge of the facts stated amendment of the zoning of land within the 1-2 Zoning below: District. Exhibit A,included with this Ordinance,gives the full legal description of this property. (A)The newspaper has complied with all of Effective Date:This Ordinance shall take effect upon pub- the requirements constituting qualifica- lication. tion as a qualified newspaper as provid- Phil Young,Mayor ed by Minn. Stat. §331A.02, §331A.07, Attest: Kathleen Porte,city clerk and other applicable laws as amended. 2 2 PUBLISHED in the Eden Prairie sun current on August (B)The printed public notice that is attached (A full copy of the text of this Ordinance is available from was published in the newspaper once City clerk.) each week, for one successive (Oct.25,2007)d4-ord 23-2007-PUD-10-2007 week(s);it was first published on Thurs- day,the 95 day of October 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 hijklmnopgrstuvwxyz BY- �. CFO Subscribed and sworn to or affirmed before me on this 25 day of October 2007. v Notary ublic 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