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HomeMy WebLinkAboutOrdinance - 3-2019 - Abra Auto body - 01/31/2019 ABRA AUTO BODY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-2019 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 11 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 Community Commercial (C-COM) District and be placed in the I2 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the C-COM District and shall be included hereafter in the I2 District, 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 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. Ordinance No. 3-2019 for Zoning District Change from Community Commercial (C-COM) to I2 on 2.98 acres is contingent upon receipt by the City of an amendment to Title Insurance Commitment No. NCS-896608-MPLS for the Property showing that title to the Property is vested solely in Oppidan Holdings, LLC, a Minnesota limited liability company; and removing reference to Kal Stay, LLC, a Minnesota limited liability company, no later than March 25, 2019. If the foregoing is not satisfied by said date, the approvals granted by this Ordinance No. 3-2019 are hereby automatically null and void, which shall be evidenced by adoption by the City Council confirming Ordinance No. 3-2019 is revoked, except the Property shall remain zoned and guided as I-1 District. Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 22, 2019, entered into between KTJ 315 LLC and the City of Eden Prairie, and which Agreement are hereby made a part hereof. 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 st day of August, 2018, 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 22"d day of January, 2019. ATTEST: KathYben Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on January 31, 2019. ABRA AUTO BODY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 3-2019 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 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: SummM: .This ordinance allows rezoning of land located at 13045, 13075, and 13105 Pioneer Trail, from the C-Com to the I2 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: Kath een Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on January 31, 2019. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Legal Description Before Final Plat 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. Legal Description After Final Plat Lot 1, Block 1, Pioneer Trail Eden Prairie Addition Affidavit of Publication Southwest Newspapers State of Minnesota ) )SS. County of Hennepin ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the MINNESOTA publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and ABRA AUTO BODY has full knowledge of the facts herein stated as follows: SUMMARY OF ORDINANCE NO.3-2019 (A)This newspaper has complied with the requirements constituting qualification as a legal AN ORDINANCE AI THE newspaper,as provided b Minnesota Statute 331A.02,331A.07,and other applicable laws,as CITY OF EDEN PRALT7lIE, P Y PP MINNESOTA, REMOVING amended. CERTAIN LAND FROM ONE m ZONING DISTRICT AND (B)The printed public notice that is attached to this Affidavit and identified as No.� PLACING IT IN ANOTHER, was published on the date or dates and in the newspaper stated in the attached Notice and said AMENDING THE LEGAL Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of DESCRIPTIONS OF LAND the newspaper specified.Printed below is a copy of the lower case alphabet from Ato Z,both IN EACH DISTRICT, AND inclusive,and is hereby acknowledged as being the kind and size of type used in the composition ADOPTING BY REFERENCE and publication of the Notice: CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG abcdefghijklmnopgrstuvwxyz OTHER THINGS,-GO�AIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, By: J MINNESOTA,ORDAINS: Summary: This ordinance Laurie A.Hartmann allows rezoning of land located at 13045,13075,and 13105 Pioneer Trail, from the C-Com to the Subscribed and sworn before me on 12 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Sfi Effective Date: This this _dayof 2019 Ordinance shall take effect upon publication. Ronald A.Case,Mayor JYMME JEANNETTE BARK ATTEST: Kathleen Porta,City C Clerk NOTARY PUBLIC-MINNESOTA (A full copy of the text of this Ordinance is available from N ublic MY COMMISSION EXPIRES 01131123 City Clerk.) (published News one Thursday, January 31, nnao. Fo 3432) 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...............................................$13.62 per column inch