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HomeMy WebLinkAboutOrdinance - 3-2015-PUD-2-2015 - O'Reilly Auto Parts Store - 04/09/2015 O'REILLY AUTO PARTS STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-2015-PUD-2-2015 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-2015-PUD-2-2015 (hereinafter "PUD-2-2015-C- COM). Section 3. The City Council hereby makes the following findings: A. PUD-2-2015-C-COM is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2015-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-2-2015-C-COM are justified by the design of the development described therein. D. PUD-2-2015-C-COM 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 31, 2015, 2015, entered into between O'Reilly Auto Enterprises, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2015-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 2-2015-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 20`h day of January 2015, 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 3 1" day of March, 2015. ATTEST: K leen Porta, City Clerk N cy -Lu n , or PUBLISHED in the Eden Prairie News on April 9, 2015. EXHIBIT A PUD Legal Description — Lot 2, Block 1, BP Addition O'REILLY AUTO PARTS STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 3-2015-PUD-2-2015 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 8868 Aztec Drive 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 a n c yV— /rr-,a cens, a or PUBLISHED in the Eden Prairie News on April 9, 2015. (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 ) CITY OF EDEN PRAIRIE Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the HE MINNENEPINSOTA COUNTY, publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and MINNESOTA py O'REILLY AUTO PARTS has full knowledge of the facts herein stated as follows: STORE SUMMARY OF ORDINANCE (A) This newspaper has complied with the requirements constituting qualification as a legal NO.3-2015-PUD-2-2015 newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as AN ORDINANCE OF THE amended. CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE (B)The printed public notice that is attached to this Affidavit and identified as No. ZONING OF CERTAIN LAND published on the date or dates and in the newspaper stated in the attached Notice and said WITHIN ONE DISTRICT, AND was P ADOPTING BY REFERENCE Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of CITY CODE CHAPTER 1 AND the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both SECTION 11.99,WHICH,AMONG inclusive,and is hereby acknowledged as being the kind and size of type used in the composition OTHER THINGS, CONTAIN and publication of the Notice: PENALTY PROVISIONS THE CITY COUNCIL OF abcdefghijklmnopgrstttv�vxyz THE CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS: Summary: This ordinance allows amendment of the zoning By:i of land located at 8868 Aztec Laurie A.Hartmann Drive within the Community Commercial Zoning District. Exhibit A, included with this Ordinance, gives the full legal Subscribed and sworn before me on description of this property. Effective Date: This Ordinance shall take effect upon publication. C� Nancy Tyra-Lukens,Mayor this I day of 2015 ATTEST: Kathleen Porta,City Clerk (A full copy of the text of S � � �� y J BAN N E171E BAR this Ordinance is available from b;'NNESOTf City Clerk.) (Published in the Eden Prairie S"'r, ESP RES 01i 1/1© News on Thursday,April 9,2015; N ta)Public No 3825) 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