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HomeMy WebLinkAboutOrdinance - 6-2012-PUD-3-2012 - EP Office Retail - Appliance Smart - 03/29/2012 EDEN PRAIRIE OFFICE RETAIL-APPLIANCE SMART CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 6-2012-PUD-3-2012 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 I-2 Zoning District 6-2012-PUD-3-2012 (hereinafter "PUD-3-2012-1-2). Section 3. The City Council hereby makes the following findings: A. PUD-3-2012-1-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-2012-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-3-2012-I-2are justified by the design of the development described therein. D. PUD-3-2012-1-2 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 20, 2012 entered into between Martin Drive LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-3-2012-1-2, 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 1-2 District and shall be included hereafter in the Planned Unit Development 3-2012-1-2, 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. City Code Chapter I 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 21 st day of February, 2012, 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 20th day of March, 2012. ATTEST: KAteen'Porta, City Clerk N*cy--4- - "LukeCs, o PUBLISHED in the Eden Prairie News on March 29, 2012. EXHIBIT A Existing Legal Description: Lot 3 Block 4 Edenvale Industrial Park Lot 4, Block 4 Edenvale Industrial Park Proposed Legal Description: Lot 1, Block 1, Eden Prairie Office EDEN PRAIRIE OFFICE RETAIL APPLIANCE SMART CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 6-2012-PUD-3-2012 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 14675 and 14711 Martin Drive within the 1-2 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 -Nf-)) /4111'een P'orta, City Clerk llio�a-Lttfens, a r PLTLISHED in the Eden Prairie News on March 29, 2012. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication CITY OF EDEN PRAIRIE— Southwest Newspapers HENNEPIN COUNTY, MINNESOTA EDEN PRAIRIE OFFICE State of Minnesota RETAIL APPLIANCE SMART SUMMARY OF ORDINANCE )SS. NO.6-2012-PUD-3-2012 ANORDINANCEOF! C County of Hennepin OF EDEN PRAIRIE,MUMS I A, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT;AND ADOPTING BY; REFERENCE CITY CODE CHAP-! Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the TER 1 AND SECTION 11.99,WHICH, publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts AMONG OTHER THINGS, CON- herein stated as follows: TAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE (A) This newspaper has complied with the requirements constituting qualification as a legal CITY OF EDEN PRAIRIE,MINNE- newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as SoTA,ORDAINS: amended. I Summary:This ordinance al- of of the zoning of land located at 14675 and 14711 (13)The printed public notice that is attached to this Affidavit and identified as No. 33 0 0 Martin Drive within the 1-2 Zoning was published on the date or dates and in the newspaper stated in the attached Notice and said District. Exhibit A,included with Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of this Ordinance,gives the full legal the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both description of this property. inclusive,and is hereby acknowledged as being the kind and size of type used in the composition Effective Date: This Ordinance and publication of the Notice: shall take effect upon publication. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City abcdefghijkhnnopqrstuvwxyz Clerk (A full copy of the text of this Ordinance is available from City Clerk,) (published in the Eden Prairie Laurie A.Hartmann News on Thursday,March 29,2012; N Subscribed and sworn before me on 1)4)4y\ this 6ti—L—dayof &&� `-`_,2012 JYMME JEANNETTE BARK NOTARY PUBLIC-MINNESOTA N)ofic My COMMISSION EXPIRES 01/31113 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