HomeMy WebLinkAboutOrdinance - 12-2010 - 78th Street Market - 07/29/2010 78" STREET MARKET
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 12-2010-PUD-3-2010
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 I 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 Highway Commercial Zoning District 12-2010-PLTD-3-2010(hereinafter"PUD-3-2010-C-
HWY).
Section 3, The City Council hereby makes the following findings:
A. PUD-3-2010-C-HWY is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-3-2010-C-HWY 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 1 l and 12 of the City
Code that are contained in PUD-3-2010-C-HWY are justified by the design of the
development described therein.
D. PUD-3-2010-C-HWY 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 July 20, 2010, entered into between KTJ 187, LLC and the
City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement
contains the terms and conditions of PUD-3-2010-C-HWY, 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 Highway Commercial Zoning District and shah be included hereafter in the
Planned Unit Development 3-2010-C-HWY, and the legal descriptions of land in each district
referred to in City Code Section 11.03, subdivision 1, subparagraph B. siial l be and are amended
accordingly.
Section G. 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
151h day of June 2010, 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 20 day of July,
2010.
ATTEST:
�14h/zZ
K hleen Parta, City Clerk *Brao,
PUBLISHED in the Eden Prairie News on July 29, 2010.
EXHIBIT A
PUD Legal Description —
Lot 1, Block 1, Phillips 66 First Addition
78'" STREET MARKET
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 12-2010-PUD-3-2010
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, 0 RDA INS:
Summary: This ordinance allows amendment of the zoning of land located at 8045
Flying Cloud Drive within the Highway Commercial 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:
ra
Kat een Porta, City Clerk �aJ- o, g Wayor
PUBLISHED in the Eden Prairie News on July 29, 2010.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
CITY OF EDEN PRAIRIE State of Minnesota
HENNEPIN COUNTY,
MINNESOTA )SS.
78TH STREET MARKET
SUMMARY OF ORDINANCE NO. County of Hennepin
12-2010-PUD-3.2010
AN ORDINANCE OFTHE CITY
OF EDEN PRAIRIE,MINNESOTA,
AMENDING THE ZONING OF
CERTAIN LAND WITHIN ONE Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
DISTRICT, AND ADOPTING BY publisher o€the newspaper known as the Eden Prairic News and has full knowledge of the facts
REFERENCE CITY CODE herein stated as follows:
CHAPTER 1 AND SECTION 11.99,
WHICH,AMONG OTHER THINGS, (A) This newspaper has complied with the requirements constituting qualification as a legal
CONTAIN PENALTY newspaper,as provided by Minnesota Statute 331 A.02,331A.07,and other applicable laws,as
PROVISIONS amended.
THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE,
MINNESOTA. ORDAINS: (B)The printed public notice that is attached to this Affidavit and identified as No. C
Summary: This ordinance was published on the date or dates and in the newspaper stated in the attached Notice and said
m*ws amendment of the mirl of Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
at 8045 fyi the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
ithin they inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
is) zoning r and publication of the Notice:
Exhibit A, included with this
Ordinance, gives the trill legal abedefghijklmnopgrstuvwxyz
description of this property.
Ell'ectiveDate:'Phis Ordinance ]
shall take effect upon publication.
Brad Aho,Acting Mayor
ATTEST: Kathleen Porta,City
ClarkLaurie A.Hartzetann
(A full copy of the text of this
Ordinance is available from City
Clerk.) Subscribed and swum before me on
(Published in the Eden Prairie News
on Thursday,July 29,2010:No.3007)
this day of 2010
}Y1�IAE J.BARK
C� NOTARY PL ZiC-MINNESOTA
My Commission Expires 01/31/2013
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Rate actually charged for the above matter...............................................$12.59 per column inch