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Home My WebLink AboutOrdinance - 5-90 - Eden Place Center - Frank’s within C-Reg-Serv - 01/26/1990 • Eden Place Center (Frank's Nursery and Crafts) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-90-PUD-2-90 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, MINENSOTA, 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 2-9 0-Commercial-Regional-Service District (hereinafter "PUD 2- 90-C-Reg-Ser") . • Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 3, 1990, entered into between Prairie Entertainment Associates, a Minnesota general partnership, and the City of Eden Prairie (hereinafter "Developer's Agreement") . The Developer's Agreement contains the terms and conditions of PUD 2-90-C-Reg- Ser, and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 2-90-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD 2-90-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 2-90-C-Reg-Ser are justified by the design of the development described therein. D. PUD 2-90-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 lnad shall be, and 9reby is amended within the Commercial Regional Service District and shall e' included hereafter in the Planned Unit Development 2-90-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 arle 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 and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 26th day of January, 1990, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of April, 1990. ATTEST: Joh, D. Frane, City Clerk AGaryNPet son, Mayor PUBLISHED in the Eden Prairie News on the 18th day of April , 1990. • EXHIBIT A EDEN PLACE CENTER P.U.D. CONCEPT AMENDMENT AND DISTRICT REVIEW Lot 1, Block 1 EDEN GLEN ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Also the west 150.00 feet of the north 210.00 feet of Tract "A" REGISTERED LAND SURVEY NO. 1449 on file in the Registrar of Titles office, Hennepin County, Minnesota, except that part thereof platted as MONTGOMERY ADDITION, Hennepin County. Lot 1, Block 2, Eden Glen Lot 1, Block 1, Eden Glen 2nd Addition Lots 1 and 2, Block 1, Eden Glen 4th ZONING DISTRICT AMENDMENT, PRELIMINARY PLAT AND SITE PLAN REVIEW Lot 1, Block 1 EDEN GLEN ADDITION, according to the recorded plat thereof, Hennepin -_-- -County,-Minnesota. Also the west 150.00 feet of the north 210.00 feet of Tract "A" REGISTERED LAND SURVEY NO. 1449 on file in the Registrar of Titles office, Hennepin County, Minnesota, except that part thereof platted as MONTGOMERY ADDITION, Hennepin County. Eden Place Center (Frank's Nursery & Crafts* CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-90-PUD-2-90 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 REFRERENCE 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 within the Commercial-Regional-Service District to PUD-2-90-Commercial- Regional-Service for land located west of Glen Lane, south and east of Eden Road, subject to the terms and conditions of a 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 18th day of April , 1990. (A full copy of the text of this Ordinance is available from City Clerk. ) Affidavit of Publication CITY PINCOU ENPRA1NE Southwest Suburban Publishing H[ENNEPIN COUNTY,MINNESOTA ORDINANCE NO.5-90-PUD-2-90 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM State of Minnesota ) ONE ZONING DISTRICT AND PLAC- ING IT IN ANOTHER, AMENDING )SS. THE LEGAL DESCRWT[ONSOFLAND C }�' Of Hennepin IN EACH DISTRICT, AND ADO oun`�►PT- pi ING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, Stan Rolfsrud,being duly swum,on oath says that he is the authorized agent of the publisherof the newspaper k riown 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, _ ORDAINS: (B)The printed public notice that is attached to this Affidavit and identified as No.,549.,0,was published 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 within of this affidavit. Said notice was cut form the columns of the newspaper specified Printed below is a copy of the the Commercial-Regional-service Dis- lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used • trict to PUD 2-90-Commercial-Regional- in the composition and publication of the Notice: Service for land located west of Glen Lane,south and east of Eden Road,sub- abcdefghijklmnopgrstu yz jest to the terms and conditions of a developer's asreement. Exhibit A. in- cluded with this Ordinance,gives the full legal description of this property; By: _j Effective Date: This Ordinance V Stan olfsrud, eneral Manager shall take effect upon publication. ATTEST: Subscribed and sworn before me on /s/John D.Frane City Clerk /s/Gary D.Peterson QQ Mayor this l y day of 1990 THERESA M. LAW (A full copy of the text of this Ordinance NOTARY PUSUC is available from City Clerk.) my [dHEN�WXM�Es 3,.ys (Published in the Eden Prairie News Wednesday,April 18% 1990;No.SM) ��0'4;""—,h Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.............................. $9.44 per column inch Maximum rate allowed by law for the above matter ............................................................ $9.44 per column inch Rate actually charged for the above matter............................................................................ $5.56 per column inch