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HomeMy WebLinkAboutOrdinance - 30-2012-PUD-12-2012 - Dos Manitas DayCare Facility - 09/27/2012 DOS MANITAS DAYCARE FACILITY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 30-2012-PUD-12-2012 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 Community Commercial Zoning District 30-2012-PUD-13-2012 (hereinafter "PUD-12-2012- C-COM). Section 3. The City Council hereby makes the following findings: A. PUD-12-2012-C-COM is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-12-2012-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-12-2012-C-COM are justified by the design of the development described therein. D. PUD-12-2012-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 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of September 18, 2012, entered into between Dos Manitas, LLC, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-12-2012-C-COM, 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 Community Commercial District and shall be included hereafter in the Planned Unit Development 12-2012-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 21" day of August, 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 18t" day of September, 2012. ATTEST: Ka Teen Porta, City Clerk c yra- ens,`Ma r PUBLISHED in the Eden Prairie News on , 2012. EXHIBIT A PUD Legal Description — That Part of Lot 3, Block 1, Edenvale Recreation Center 2nd Addition, lying East of the West 30 feet thereof. DOS MANITAS DAYCARE FACILITY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 30-2012-PUD-12-2012 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 7735 Mitchell Road within the Community 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: K leen Porta, City Clerk Nancy ra- <e s, or PUBLISHED in the Eden Prairie News on 12012. (A full copy of the text of this Ordinance is available from City Clerk.)