HomeMy WebLinkAboutOrdinance - 4-2008-PUD-4-2008 - Kinderberry Hill - 03/13/2008 KINDERBERRY HILL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 4-2008-PUD-4-2008
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 Office Zoning District 4-2008-PUD-4-2008 (hereinafter "PUD-4-2008-OFC).
Section 3. The City Council hereby makes the following findings:
A. PUD-4-2008-OFC is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-4-2008-OFC 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-4-2008-OFC are justified by the design of the
development described therein.
D. PUD-4-2008-OFC 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 March 4, 2008, entered into between Trek Development,
Inc., and the City of Eden Prairie, (hereinafter"Development Agreement'). The Development
Agreement contains the terms and conditions of PUD-4-2008-OFC, 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 Office District and shall be included hereafter in the Planned Unit
Development 4-2008-OFC, 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
18`h 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 41h day of
March, 2008.
ATTEST:
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Ka Teen Porta, City Clerk P ' Young, Mayo
PUBLISHED in the Eden Prairie Sun Current ono&m 13 2008.
EXHIBIT A
PUD Legal Description — Kinderberry Hill
Outlot C, Bluff Country Village, City of Eden Prairie, Hennepin County Minnesota and
reserving easement of record
KINDERBERRY HILL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 4-2008-PUD-4-2008
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 Hennepin
Town Road&Pioneer Trail within the Office 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:
Ka&een Porta, City Clerk Phil Young, Ma r
PUBLISHED in the Eden Prairie Sun Current on o , 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
herein stated as follows:
(A)This newspaper has complied with the requirements constituting qualification as a legal
newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
amended.
(B)The printed public notice that is attached to this Affidavit and identified as No.J
was published on the date or dates and in the newspaper stated in the attached Notice and said
CITY Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
C OF EDEN PRAIRIE ITY OF EDEN
NTY, the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
NEPIN O COU inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
MINNE
KINDERBERRY HILL and publication of the Notice:
SUMMARY OF ORDINANCE NO.
4-2008-PUD4-2008 abcdefghijklmnopqrstuvwxyz
AN ORDINANCE OFTHE CITY /
OF EDEN PRAIRIE,MINNESOTA,
AMENDING THE ZONING OF ��r/%`'ti
CERTAIN LAND WITHIN ONE f
DISTRICT, AND ADOPTING BY Laurie A.Hartmann
REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99,
WHICH,AMONG OTHERTHINGS,
CONTAIN PENALTY Subscribed and sworn before me on
PROVISIONS
THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, r
MINNESOTA, ORDAINS: this Zf�dy of 2008
allows the zoning WEN M.RADce
UENZ
landlocatedatHennepinTownRoad NOTARY PUBLIC-MINNESOTA
&Pioneer Trail within.the Office , My Commission Expires Jan.31,2010
ZoningDistrict.ExhibitA,included
with this Ordinance,gives the full ?'G
legal description of this property. Notary Public J EffectiveDate: This Ordinance
shall take effect upon publication..
Phil Young,Mayor
Attest: Kathleen Porta,City Clerk
(A full copy of the text of this
Ordinance is available from City
Clerk.) RATE INFORMATION
(Published in the Ellen Prairie News
on Thursday,'March 13, 2008;No. Lowest classified rate paid by commercial users for comparable space....$40.00 per column inch
3370) 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