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HomeMy WebLinkAboutOrdinance - 2-2008-PUD-2-2008 - Enterprise Rent a Car - 01/31/2008 ENTERPRISE RENT A CAR CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-2008-PUD-2-2008 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 Community Commercial Zoning District 2-2008- PUD-2-2008 (hereinafter "PUD-2-2008-C-COM"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 22, 2008, entered into between Paul Gonyea, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2008-C-COM, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-2-2008-C-COM is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2008-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-2-2008-C-COM are justified by the design of the development described therein. D. PUD-2-2008-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 Rural Zoning District, and placed in the Community Commercial Zoning District and shall be included hereafter in the Planned Unit Development PUD-2-2008-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 18th day of December 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 22°a day of January, 2008. ATTEST: Kat een Porta, City Clerk Phi oung, Mayor PUBLISHED in the Eden Prairie Sun Current on ?/ 12008. EXHIBIT A LEGAL DESCRIPTION- OUTLOT D, GONYEA 4TH ADDITION, HENNEPIN COUNTY, MINNESOTA ENTERPRISE RENT A CAR CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2-2008-PUD-2-2008 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: Summary: This ordinance allows rezoning of land located at the northwest corner of Highway 5 and Venture Lane from the Rural Zoning District to the Community Commercial Zoning District on 1.6 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 Teen. Porta, City Clerk it Young, May 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 sworn, 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 G1TY OF EDEN PRAIRIE herein stated as follows: HENNEPIN COUNTY, MINNESOTA (A)This newspaper has complied with the requirements constituting qualification as a legal Enterprise Rent a Car newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as SUMMARY OF ORDINANCE NO. amended. 2-2008-PUD-2-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, (B)The printed public notice that is attached to this Affidavit and identified as No.�) MINNESOTA, REMOVING was published on the date or dates and in the newspaper stated in the attached Notice and said CERTAIN LAND FROM ONE Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of ZONINGDISTRICTANDPLACING the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both ITINANOTHER,AMENDINGTHE inclusive,and is hereby acknowledged as being the kind and size of type used in the composition LEGAL DESCRIPTIONS OF LAND and publication of the Notice: IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION abcdefghijkhnnopgrstuvwxyz 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN :PRAIRIE, Laurie A.Hartmann MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at. the northwest corner of Highway 5 Subscribed and sworn before me on and Venture Lane from the Rural Zoning District to the Community Commercial Zoning District on 1.6 acres.E ;it!Ve �s this day of R c 2008 Ordlnan es a1 `lees ibYr This ordinance NEW M.RADUENZ Fff e e a e / shall take effect on publication. NOTARY FUBUC-MINIESr1TA Phil Young,Mayor My CommmW Eom Jan.31 2010 Attest: Kathleen Porta,City Clerk Notary Public (Published in the Eden Prairie News on Thursday January 31,2008;No. 3339) 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 •