HomeMy WebLinkAboutOrdinance - 8-2012-PUD-5-2012 - New Horizon Academy - 04/26/2012 NEW HORIZON ACADEMY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 8-2012-PUD-5-2012
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 Neighborhood Commercial Zoning District 8-2012-PUD-5-2012 (hereinafter "PUD-5-2012-
Neighborhood Commercial").
Section 3. The City Council hereby makes the following findings:
A. PUD-5-2012-Neighborhood Commercial is not in conflict with the goals of the
Comprehensive Guide Plan of the City,
B. PUD-5-2012-Neighborhood Commercial 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-5-2012-Neighborhood Commercial are justified by the
design of the development described therein.
D. PUD-5-2012-Neighborhood Commercial 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 April 17, 2012, entered into between Blue Hills Solution,
LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development
Agreement contains the terms and conditions of PUD-5-2012-Neighborhood Commercial, 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 Neighborhood Commercial District and shall be included hereafter in the
Planned Unit Development-5-2012-Neighborhood Commercial, 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
2 olh
day of March, 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 17 1h day of April,
2012.
ATTEST:
Katliken' Porta, City Clerk ancy ra--Aeo4A6yTr
PUBLISHED in the Eden Prairie News on April 26, 2012.
EXHIBIT A
PUD Legal Description — New Horizon Academy
Lot 1, Block 1, DELL STATION
NEW HORIZON ACADEMY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 8-2012-PUD-5-2012
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 I 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 the
southeast corner of Dell Road and Linwood Court within the Neighborhood 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:
Katl/een Porta, City Clerk 4anc yra- e yor
PUBLISHED in the Eden Prairie News on April 26, 2012.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, State of Minnesota
MINNESOTA
NEW HORIZON ACADEMY )SS.
SUMMARY OF ORDINANCE
NO. 012-PUD-5-2012 County of Hennepin
AN ORDINANCE OF THE 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
REFERENCE CITY CODE CHAP- publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts
TER 1 AND SECTION 11.99,WHICH, herein stated as follows:
AMONG OTHER THINGS, CON-
TAIN PENALTY PROVISIONS (A) This newspaper has complied with the requirements constituting qualification as a legal
THE CITY COUNCIL OF THE newspaper,as provided by Minnesota Statute 331A.02, 331A.07,and other applicable laws,as
CITY OF EDEN PRAIRIE,MINNE- amended.
SOTA,ORDAINS:
Summary: This ordinance al- (B)The printed public notice that is attached to this Affidavit and identified as No. 2-.)ciZ
lows amendment of the zoning of
land located at the southeast corner was published on the date or dates and in the newspaper stated in the attached Notice and said
of Dell Road and Linwood Court Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
within the Neighborhood Com- the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
mercial Zoning District. Exhibit inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
A, included with this Ordinance, and publication of the Notice:
gives the full legal description of
this property, abcdefghijklmnopqrstuv z
Effective Date:This Ordinance
shall take effect upon publication.
Nancy Tyra-Lukens,Mayor
ATTEST: Kathleen Porta,City By;
Clerk Laurie A.Hartmann
(A full copy of the text of this
Ordinance is available from City
Clerk.)
(Published in the Eden Prairie Subscribed and swom before me on
News on Thursday, April 26, 2012;
No.3321)
'�l I -fj-\ /71
this 10 day of L 2012
JYMME JEANNETTE BARK
NOTARY PUBLIC-MINNESOTA
Norubli,
MY COMMISSION EXPIRES 01131113
01
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