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Home My WebLink AboutOrdinance - 12-90-PUD-6-90 - Chi Chi’s (within C-Reg-Serv) - 02/20/1990 Chi Chi's CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-90-PUD-6-90 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 tha tthe land be removed from the Commercial Regional Service District and be placed in the Planned Unit Development 6-90-Commercial-Regional-Service District (hereinafter "PUD 6-90-C-Reg-Ser") . Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 27, 1990, entered into between Lariat Companies, a Minnesota corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement") . The Developer's Agreement contains the terms and conditions of PUD 6-90-C-Reg-Ser, and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 6-90-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD 6-90-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 6-90-C-Reg-Ser are justified by the design of the development described therein. D. PUD 6-90-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 land shall be, led hereby is removed from the Commercial Regional Service District and shall included hereafter in the Planned Unit Development 6-90-C-Reg-Ser District, and the legal descriptions of land in each district referred to i City Code Section 11.03, subdivision 1, subparagraph B, shall be and ar� 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 20th day of February, 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: JohnD.;:Frane, City Clerk Gary Peterson, Mayor i PUBLISHED in the Eden Prairie News on the 18th day of April 1990. i Exhibit A Chi-Chi 's Restaurant PUD CONCEPT AMENDMENT & PUD DISTRICT REVIEW All of THE PRESERVE COMMERCIAL PARK NORTH; and All of THE PRESERVE COMMERCIAL PARK NORTH 2ND ADDITION; and All of THE PRESERVE COMMERCIAL PARK NORTH 4TH ADDITION; according'to the recorded plats thereof, Hennepin County, Minnesota. ZONING DISTRICT AMENDMENT, SITE PLAN REVIEW & PRELIMINARY PLAT Lot 1, Block 1, THE PRESERVE COMMERCIAL PARK NORTH 2ND ADDITION, according to the plat thereof of record in Hennepin County, Minnesota. Chi Chi's . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-90-PUD-6-90 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 rezoning of land located at the southwest corner of Middleset Road and Crystal View Drive from the Commercial Regional Service District to PUD-6-90-Commercial-Regional-Service District, 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. ) 40 Affidavit of Publication CITY OFEDEN PRAIRIE Southwest Suburban Publishing HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 12A0-PUD-6-90 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, State of Minnesota ) REMOVING CERTAIN LAND FROM. ONE ZONING DISTRICT AND PLAC- )SS. ING IT IN ANOTHER, AMI ENDING County,,' Of Hennepin ) THE LEGAL DESCRIPTIONS OF LAND p IN EACH DISTRICT, AND ADOPT- ING BY REFERENCE CITY CODE Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known CHAPTER T ER 1 AND SECTION 11.99, as the Eden Prairie News and has full knowledge of the facts herein stated as follows: WHICH, AMONG OTHER THINGS, (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided CONTAIN PENALTY PRO"VISTONS by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended THE CITY 0C)UNCJL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, (B)The printed public notice that is attached to this Affidavit and identified as NoSE3I ,was published on ORDAINS: the date or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part Summary: This Ordinance allows of this affidavit. Said notice was cut form the columns of the newspaper specified. Printed below is a copy of the rezoning of land located at the southwest lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used • comer of Middleset Road and Crystal in the composition and publication of the Notice: View Drive from the Commercial Re- gional Service District to PUD-6-90- abcdefghijklmnopgrAlan Commercial-Regional-Service District, R ect to the terms and conditions of a a Exhibit A, in- ed with this Ordinance,gives the full By- legal description of" I�erty; ud,Gene auger Effective Date: �s Ordinance shall take effect upon publication. Subscribed and sworn before me on ATTEST: N John D.Franc Clerk Gary D Patersonn this 1 day of 1990 THERESA M. LAW Mayor NOTARY PUSUC (A full copy of the text of this Ordinance HE missi N COUNTY triMtsst MY co is available from City Clerk.) oN t�wtRr:s ae fls 'Published in the Eden Prairie News Wednesday,April 18, 1940;No.5831) N fury 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