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HomeMy WebLinkAboutOrdinance - 4-2016-PUD-1-2016 - Shady Oak Expansion - 03/17/2016 SHADY OAK EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 4-2016-PUD-1-2016 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 Industrial (1-2) Zoning District 4-2016-PUD-1-2015 (hereinafter 'PUD-1-2016-I-2). Section 3. The City Council hereby makes the following findings: A. PUD-1-2016-1-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2016-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-1-2016-1-2 are justified by the design of the development described therein. D. PUD-1-2016-1-2 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 8, 2016, entered into between The Nordick Group, Inc., and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-1-2016-I-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 Industrial (I-2) District and shall be included hereafter in the Planned Unit Development 1-2016-I-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 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 16th day of February, 2016, 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 8th day of March, 2016, ATTEST: KatWfeen Porta, City Clerk Fq6cY,0ra-LXen0,'44or PUBLISHED in the Eden Prairie News on March 17, 2016. EXHIBIT A PUD Concept- Shady Oak Expansion Legal Description: Parcel 1 Lot 1, Block 1, Shady Oak Industrial Park Fourth Addition. Hennepin County, Minnesota Abstract Property Parcel 2 A non-exclusive easement for driveway purposes over the west 15 feet of Lot 2, Block One, Shady Oak Industrial Park Fourth Addition, as set forth in Warranty Deed dated November 2, 1979, filed November 5, 1979, as Document No. 4518500, and in Warranty Deed dated November 2, 1979, filed November 5, 1979, as Document No. 4518501. SHADY OAK EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 4-2016-PUD-1-2016 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 6775 Shady Oak Expansion within the Industrial (I-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: Kat een Porta, City Clerk and Tyr -Lu en , Mayor PUBLISHED in the Eden Prairie News on March 17, 2016. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A PUD Concept- Shady Oak Expansion Legal Description: Parcel 1 Lot 1, Block 1, Shady Oak Industrial Park Fourth Addition. Hennepin County, Minnesota Abstract Property Parcel 2 A non-exclusive easement for driveway purposes over the west 15 feet of Lot 2, Block One, Shady Oak Industrial Park Fourth Addition, as set forth in Warranty Deed dated November 2, 1979, filed November 5, 1979, as Document No. 4518500, and in Warranty Deed dated November 2, 1979, filed November 5, 1979, as Document No. 4518501. Affidavit of Publication Southwest Newspapers State of Minnesota ) )SS. County of Hennepin ) Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the SHADY OAK EXPANSION publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and CITY OF EDEN PRAIRIE has full knowledge of the facts herein stated as follows: HENNEPIN COUNTY, MINNESOTA (A) This newspaper has complied with the requirements constituting qualification as a legal SUMMARY OF newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as ORDINANCE NO.4-2016-PUD- 1-2016 amended. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, (B)The printed public notice that is attached to this Affidavit and identified as No.3 f MINNESOTA,AMENDING THE was published on the date or dates and in the newspaper stated in the attached Notice and said ZONING OF CERTAIN LAND Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of WITHIN ONE DISTRICT, AND the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both ADOPTING BY REFERENCE inclusive,and is hereby acknowledged as being the kind and size of type used in the composition CITY CODE CHAPTER 1 AND and publication of the Notice: SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS abcdefghijkhnnopgrstuvwxyz THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS: B y Summary: This ordinance allows amendment of the zoning — Laurie A.Hartmann of land located at 6775 Shady Oak Expansion within the Industrial (I-2)Zoning District. Exhibit A,included with this Ordinance, Subscribed and sworn before me on gives the full legal description of this property. Effective Date: This1 Ordinance shall take effect upon this day of \/h��` 2016 publication. ATTEST: Kathleen Porta,City Clerk Nancy Tyra-Lukens,Mayor yTY 4 L,�1�� (A full copy of the text of this Ordinance is available from $ �� ? �` DTAffi'Pl PIiC +A`iNCSO City Clerk.) N a ublic b `° , � WY wMMSS O'N a" "E"s 3 (Published in the Eden Prairie News on Thursday, March 17, 2016:No.3984) 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