HomeMy WebLinkAboutOrdinance - 6-2016-PUD-3-2016 - KAL Point - 03/17/2016 KAL POINT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 6-2016-PUD-3-2016
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH 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:
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 removed from the
Neighborhood Commercial Zoning District and be placed in the Community Commercial Zoning
District 6-2016-PUD-3-2016 (hereinafter "PUD-3-2016-C- COM").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of March 8, 2016 entered into between Kal Stay LLC, and the
City of Eden Prairie, (hereinafter "Development Agreement'). The Development Agreement
contains the terms and conditions of PUD-3-2016-C- COM, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-3-2016-C-COM is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-3-2016-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-3-2016-C-COM are justified by the design of the
development described therein.
D. PUD-3-2016-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 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Neighborhood Commercial Zoning District, and placed in the Community
Commercial Zoning District and shall be included hereafter in the Planned Unit Development
PUD-3-2016-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,
publication and upon compliance with the following conditions:
A. Anchor Bank shall convey the Property to Kal Stay, LLC, which deed shall be in
recordable form;
B. Kal Stay, LLC shall execute the Development Agreement so that it is in
recordable form;
C. The Development Agreement is filed with Hennepin County Recorder's Office
immediately following the filing of the deed from Anchor Bank to Kal Stay, LLC
and prior to any other document including any mortgage.
D. Publication shall not occur until the City Attorney has received confirmation that
items A, B and C have been fulfilled.
Compliance with terms A, B, and C shall occur simultaneously at the closing of
the purchase of the Property by Kal Stay, LLC from Anchor Bank. If the
contingencies sent forth in A, B , C and D have not occurred by April 15, 2016,
this approval shall be null and void and of no effect.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
19t" day of January, 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 8tn day of March,
2016.
ATTEST:
pe�-&
K een Porta, City Clerk Na cy T ra-Lu ens, a or
PUBLISHED in the Eden Prairie News on March 17, 2016.
EXHIBIT A
Legal Description: Kal Point
Parcel 1:
Lot 1, Block 1, M & K Addition, Hennepin County; Minnesota.
Parcel 2:
The West 160 feet of the following described property:
That part of the East Half of the Northeast Quarter and the Northeast Quarter of the Southeast
Quarter of Section 27, Township 116,North of Range 22 West of the Fifth Principal Meridian
described as follows: Commencing on the North line of said Section 27 at a point 330 feet West
of the Northeast corner of said Section, running thence South parallel with the East line of said
Section, 3300 feet to the South line of the North Half of the Northeast Quarter of the Southeast
Quarter of said Section 27; thence West 660 feet; thence North 3300 feet; thence East 660 feet to
the place of beginning lying North of the North line of the South Quarter of the Northeast
Quarter of Section 27 and South of the Southerly line of Registered Land Survey No. 791.
Parcel 3:
Lot 1, Block 2, Augusta Addition, Hennepin County, Minnesota.
KAL POINT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 6-2016-PUD-3-2016
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 13105,
13075, AND 13045 Pioneer Trail 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:
Kat een Porta, City Clerk N ncy T -L ns, r
PUBLISHED in the Eden Prairie News on March 17, 2016.
(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 )
KAL POINT
CITY OF EDEN PRAIRIE Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
HENNEPIN COUNTY,
MINNESOTA
INNE publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and
SUMMARY OF has full knowledge of the facts herein stated as follows:
ORDINANCE NO.6-2016-PUD-
(A) This newspaper has complied with the requirements constituting qualification as a legal
3-2016 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
ZONING OF CERTAIN LAND (B)The printed public notice that is attached to this Affidavit and identified as No.
WITHIN ONE DISTRICT, AND was published on the date or dates and in the newspaper stated in the attached Notice and said
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
THE CITY OF EDEN PRAIRIE, abcdefghijklmnopgrst z
MINNESOTA,ORDAINS: /
Summary: T h i s
ordinance allows amendment
of the zoning of land located at By'
13105, 13075, AND 13045 Pioneer Laurie A.Hartmann
Trail within the Community
Commercial Zoning District.
Exhibit A, included with this Subscribed and sworn before me on
Ordinance, gives the full legal
description of this property.
Effective Date: T h i s
Ordinance shall take effect upon
publication. this day of ,2016
ATTEST:
Kathleen Porta,City Clerk
Nancy Tyra-Lukens,Mayor
(A full copy of the text of JWt�E J EANNET TE ��i
this Ordinance is available from
City Clerk.) °' NOTARY PUX-VNNESO'A
(Published in the Eden Prairie N ai ublic , , `" WY comet sos rX1 R-:s Q"_r3'!.
News on Thursday, March 17,
2016;No 3986)
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