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Home My WebLink AboutOrdinance - 1-2008-PUD-1-2008 - LaMettry Collision - 01/17/2008 LAMETTRY COLLISION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 1-2008-PUD-1-2008 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 1-2008-PUD-1-2008 (hereinafter "PUD-1- 2008-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-1-2008-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2008-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-1-2008-C-REG-SER are justified by the design of the development described therein. D. PUD-1-2008-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 Development Agreement dated as of January 8, 2008, entered into between Lamettry Properties, LLC and the City of Eden Prairie, (hereinafter"Development Agreement'). The Development Agreement contains the terms and conditions of PUD-1-2008-C-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 District and shall be included hereafter in the Planned Unit Development 1-2008-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 161h day of October, 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 8ch day of January 2008. ATTEST: Katileen Porta, City Clerk Phil oung, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2008. EXHIBIT A PUD Legal Description — (LaMettry Collision) Parcel 1: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 116, Range 22, lying South of the Southerly right-of-way of County Road No. 60 and Easterly of the Easterly right-of-way of U.S. Highway No. 494 as described in Document Nos. 3677302 and 3723053, Office of the County Recorder, Hennepin County Minnesota according to the Government Survey thereof. Parcel 2: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 116, Range 22, described as follows: Commencing at the Northeast corner of said Northeast quarter of the Southwest Quarter, which corner is marked by a judicial landmark set pursuant to Torrens Case No. 16745; thence on an assumed bearing of South 00 degrees 31 minutes 25 seconds East. Along the East line of said Northeast Quarter of the Southwest Quarter, a distance of 457.36 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16745 and the actual point of beginning of the land being described; thence North 00 degrees 31 minutes 25 seconds West, along said East line, a distance of 10.62 feet to the Southerly right-of-way line of Valley View Road (County Road No 39); thence Westerly, along said Southerly right-of-way line, on a non-tangential curve concave to the North having a radius of 1492.40 feet, a central angel of 20 degrees 11 minutes 27 seconds, and the chord of said curve bears South 88 degrees 18 minutes 36 seconds West, a distance of 525.92 feet to the Easterly right-of-way line of U.S. Highway No. 494; thence South 23 degrees 31 minutes 53 seconds East along said Easterly right-of-way line, a distance of 221.71 feet; thence South 53 degrees 44 minutes 00 seconds East along said Easterly right-of- way line, a distance of 313.15 feet; thence South 68 degrees 38 minutes 36 seconds East, along said Easterly right-of-way line, a distance of 200.06 feet to the point of intersection with the East line of said Northeast Quarter of the Southwest Quarter, which point is marked by a judicial landmark set pursuant to Torrens Case No. 16745; thence North 00 degrees 31 minutes 25 seconds West, along said East line, a distance of 476.82 feet to the point of beginning. Except that part of said land described in Certificate of Title No 860423. LAMETTRY COLLISION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 1-2008-PUD-1-2008 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 11903 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: K hleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2008. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Newspapers State of Minnesota ) )SS. County of Hennepin ) Laurie A. Hartmann, being duly swom, on oath says that she is the authorized agent of the - publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts CITY OF EDEN PRAIRIE herein stated as follows: HENNEPIN COUNTY,' MINNESOTA (A)This newspaper has complied with the requirements constituting qualification as a legal LAMETTRY COfr�.ISION newspaper,as rovided b Minnesota Statute 331 A.02,331 A.07,and other applicable laws,as SUMMARY OF ORDINANCE NO, P Y PP 1-2008-PUD-1.2008: amended. AN ORDINANCE OFTHE CITY OF EDEN PRAIRIE,MINNESOTA, (B)The printed public notice that is attached to this Affidavit and identified as No.d3-3 AMENDING THE ZONING OF was published on the date or dates and in the newspaper stated in the attached Notice and said CERTAIN LAND WITHIN ONE Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of DISTRICT, AND ADOPTING BY the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both REFERENCE CITY CODE inclusive,and is hereby acknowledged as being the kind and size of type used in the composition CHAPTER 1 AND SECTION 11.99, and publication of the Notice: WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PFgDVISIONS abcdefghijklmnopgrstuvwxyz THE CITY COUNCIL OF THE i CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: ummarv: This ordinance �� allows amendment of the'zoning of Laurie A.Hartmann land located at 11903 Valley View Road within the Commercial Regional Service Zoning District. Exhibit A, included with this Subscribed and sworn before me on Ordinance, gives the full legal description of this property. Fffert;ve Date•This Ordinance. shall take effect upon publication. this day of G« ,2008 Phil Young,Mayor ATTEST: Kathleen Porta,City GWEN M.RADUENZ Clerk NOTARY PUBLIC-MINNESOTA (A full copy of the text of this +�;`. � My Commiim Expires Jan.31,2010 Ordinance is available from City11�� Clerk.) /�` v. t -00000 P P 0 P P P F Nhhpl (Fubiishedin the EdenPrairieNews Notary Public on Thursday,January 17,2008;No. 3332) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$40.00 per column inch Maximum rate allowed by law for the above matter................................$40.00 per column inch Rate actually charged for the above matter...............................................$12.19 per column inch