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HomeMy WebLinkAboutResolution - 91-229 - Prairie Court Amendment - Deny 2nd Reading - 10/15/1991 Prairie Court Amendment CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-229 A RESOLUTION DENYING SECOND READING OF ORDINANCE NO. 27-91 FOR THE PROPOSED PRAIRIE COURT AMENDMENT WHEREAS, Ordinance No. 27-91 authorizing first reading of a rezoning of property for the proposed Prairie Court Amendment did receive first reading by the City Council at a regular meeting on October 1, 1991;*and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that second reading of Ordinance No. 27-91 is hereby denied and that the attendant requests for Zoning District Amendment within the Neighborhood Commercial Zoning District and Site Plan Review are also hereby denied, based on the following findings: A. The proposed development is inconsistent with PUD 7-86 and the Developer's Agreement dated September 16, 1986, Section 1, which indicates: "Developer shall develop the property in conformance with the materials revised and dated September 16, 1986, reviewed and approved by the City Council on August 5, 1986, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein." and is inconsistent with approved plans dated September 16, 1986 which depict no gas operation. B. The proposed development is inconsistent with City Code Section 11.03, Subd. (6)(E)(7) regarding minimizing negative impacts on adjoining uses of noise, glare, and odors. The impacts of noise, glare, and odor cannot be mitigated. C. The proposed development is inconsistent with City Code Section 11.03, Subd. (6)(E)(6) regarding safe and convenient pedestrian traffic. Traffic increases on Wagner Way and Sheldon Avenue cannot be mitigated. D. The proposed development is inconsistent with City Code Section 11.03, Subd. ( )(E)(5) requiring transition where there are differences in land use. The gas pump and canopy cannot be screened from the residential areas to the north and south. ADOPTED by the City Council of the City of Eden Prairie this 15th day of October, 1991. Douglas B. T npas, Mayor ATTEST: John . F , City Clerk ti