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HomeMy WebLinkAboutOrdinance - 5-89-PUD-3-89 - Eden Square - 05/02/1989 Eden Square is CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-89-PUD-3-89 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: 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 C-Reg-Ser District and be placed in the Planned Unit Development 3-89-C-Reg-Ser District (hereinafter "PUD 3-89-C-Reg-Ser." Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 7, 1988, entered into between Commercial Partners, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement") and that certain Supplement to Developer's Agreement entered into between The Eden Square General Partnership, and the City of Eden Prairie (hereinafter "Supplement"). Developer's Agreement contains the terms and conditions of PUD 3-89-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 3-89-C-Reg-Ser is not in conflict with the goals of the Guide Plan of the City. B. PUD 3-89-C-Reg-Ser 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 3-89-C-Reg-Ser, are justified by the design of the development described therein. D. PUD 3-89-C-Reg-Ser 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 5. The proposal is hereby adopted and the land shall be, and hereby is, amended within the C-Reg-Ser District and shall be included hereafter in the Planned Unit Development 3-89-C-Reg-Ser 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 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. 0 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 2nd day of May, 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 1st day of August, 1989. ATTEST: o . rane, City Clerk Gary D. tersbrf,' yor PUBLISHED in the Eden Prairie News on the 16th day of August, 1989 EXHIBIT A LEGAL DESCRIPTION P.U.D. Amendment Review and P.U.D. District Review. Lot 2, Block 1; EDEN PRAIRIE CENTER 2ND ADDITION. Lots 1, 2, Block 1; EDEN PRAIRIE CENTER 3RD ADDITION. Preliminary Plat. Lots 1, 2, Block 1; EDEN PRAIRIE CENTER 2ND ADDITION. Lots 1, 2, 3, Block 1; EDEN PRAIRIE CENTER 3RD ADDITION. CITY OF EDEN PRAIRIE Eden Square HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-89-PUD-3-89 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: Summary: This Ordinance allows amendment of the zoning of land located at the northeast corner of Highway #169 and Prairie Center Drive within the C-Reg-Ser District to the PUD-3-89-C-Reg-Ser District, subject to the terms and conditions of a Developer's Agreement and Supplement to Developer's Agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the 16th day of August 1989. (A full copy of the text of this Ordinance is available from the City Clerk.) Affidavit of Publication CITY OF EDEN PRAIRIE Southwest Suburban Publishing ,HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-89-PUD-3-89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, State of Minnesota REMOVbNG CE1 TAIK LAND FROM ONE ZONING DISTRICT AND PLAC- )SS. 1NG IT IN ANOTHER, AMENDING 'IUE LEGAL DESCRIPTIONS OF LAND County of Hennepin IN EACH DISTRICT, AND ADOPT- ING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisherof the newspaperknown WHICH AMONG OTHER THINGS, as the Eden Prairie News and has full knowledge of the facts herein stated as follows: CONTAIN PENALTY PROVISIONS (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided THE CITY COUNCIL OF THE CITY by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. OF EDEN PRAIRIE, MINNESOTA, ffi Jr"�77 . ed ORDAINS: (13)The printed public notice that is attached to this Affidavit and identified as No. was publisb on Summary: This Ordinance allows the date or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part amendment of the zoning of land located of this affidavit. Said notice was cut form the columns of the newspaper specified. Printed below is a copy of the at the northeast corner of Highway#169 lowercase alphabet from A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used and Prairie Center Drive within the C- in the composition and publication of the Notice: Reg-Ser District to the PUD-3-89-C-Reg- abcdefghijklmnopgrstu Ser District, subject to the terms and conditions of a Developer's Agreement and Supplement to Developer's Agree- ment. Exhibit A, included with this By. Ordinance, gives the full legal descrip- Ro d, Gene g,r tion of this property. Effective Date: This Ordinance shall Subscribed and sworn before me on take effect upon publication. Attest: /s/John D. Frane City Clerk '�Ttft.N /s/Gary D. Peterson this day of 1989 LAURIEL- ' NOTARW'��v'J aOTA Mayor =�' = sCor,COUNTY " 12-4 (A full copy of this Ordinance is available from the City Clerk). 4, (Published in the Eden Prairie News Laurie A. Hartmann, Notary Public Wednesday,August 16, 1989;No.5577) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space........................... $11.2.5 per column inch Maximum rate allowed by law for the above matter.......................................................... $11.25 per column inch Rate actually charged for the above matter............................................................................ $5.30 per column inch