HomeMy WebLinkAboutOrdinance - 5-2023-PUD-1-2023 - Dairy Queen - 03/16/2023CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 5-2023-PUD-1-2023
DAIRY QUEEN
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE
DESIGNATION OF CERTAIN LAND WITHIN A ZONING 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 designation of the land be
amended within the Neighborhood Commercial Zoning District as 5-2023-PUD-1-2023
(hereinafter "PUD-1-2023").
Section 3. The City Council hereby makes the following findings:
A. PUD-1-2023 is not in conflict with the goals of the Comprehensive Guide Plan of
the City.
B. PUD-1-2023 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 11and12 of the City
Code that are contained in PUD-1-2023 are justified by the design of the
development described therein.
D. PUD-1-2023 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 proposal is hereby adopted and the designation of the land shall be,
and hereby is amended in the Neighborhood Commercial Zoning District as Planned Unit
Development PUD-1-2023 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 5. The land shall be subject to the terms and conditions of that ce1iain
Development Agreement dated as of March 7, 2023 entered into between D7-3, LLC a
Minnesota limited liability company, and the City of Eden Prairie (hereinafter "Development
Agreement"). The Development Agreement contains the terms and conditions of PUD-1-2023,
and are hereby made a part hereof.
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.
publication.
This Ordinance shall become effective from and after its passage and
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
7111 day of February, 2023, 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 7th day of March,
2023.
ATTEST:
~= Nicole Tingle~ Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on March 16, 2023.
EXHIBIT A
PUD Legal Description
Legal Description
Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as
follows:
Parcel 1:
Lot 1, Block 1, Prairie Green Second Addition, Hennepin County, Minnesota and Easements as
to Parcels 2, 3, and 4.
(Abstract Property)
Parcel 2: Easement Agreement dated January 31, 1997, filed February 6, 1997, as Document No.
6696906.
Parcel 3: Easement Agreement dated December 23, 1996, filed February 6, 1997, as Document
No. 6696907
Parcel 4: Storm Drain Easement Agreement dated July 7, 2005, filed July 11, 2005 as Document
No. 8613304
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 5-2023-PUD-l-2023
DAIRY QUEEN
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE
DESIGNATION OF CERTAIN LAND WITHIN A ZONING 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 designation of land
located within the Neighborhood Commercial Zoning District into a Planned Unit Development
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:
./c 2---;JiLc=
Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on 3/16/2023
(A full copy of the text of this Ordinance is available from City Clerk.)
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Brandi Botts being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SS Mtka_Excelsior_Eden Prairie
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §33 lA.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 03/16/2023 and the last
insertion being on 03/16/2023.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
Subscribed and sworn to or affirmed before
me on 03/16/2023 by Brandi Botts.
LI~M? jJ_~ ' Notary Public
DIANE H ERICKSON
NOTARY PUBLIC
MINNESOTA
My Commission Expires Jan. 31. 2024
Rate Information:
(!)Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
Ad ID 1298827
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA
DAIRY QUEEN
SUMMARY OF
ORDINANCE NO.
5-2023-PUD-1-2023
AN ORDINANCE OF THE
CITY OF EDEN PRAIRIE,
MINNESOTA AMENDING
THE DESIGNATION OF
CERTAIN LAND WITHIN
A ZONING 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, MINNE-
SOTA, ORDAINS:
Summary: This ordinance allows
amendment of the zoning desig-
nation of land located within the
Neighborhood Commercial Zoning
District into a Planned Unit Devel-
opment District. Exhibit A, includ-
ed with this Ordinance, gives the
full legal description of this prop-
erty.
Effective Date: This Ordinance
shall take effect upon publication.
A full copy of the text of this Or-
dinance is available from City Clerk.
Ronald A. Case, Mayor
ATIEST: Nicole Tingley, City Clerk
Published in the
Sun Sailor
March 16, 2023
1298827