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HomeMy WebLinkAboutOrdinance - 38-94-PUD-6-94 - Eden Prairie Mall Expansion Phase II - 09/06/1994 EDEN PRAIRIE MALL EXPANSION - PHASE H CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 38-94-PUD-6-94 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND IN ONE ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CAR 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRA_RUF, 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-Regional Service Center Zoning District 38-94-PUD-6-94 (hereinafter "PUD-6-94-C-Regional Service"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 4, 1994, entered into between Homart Development Company, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-6-94-C-Regional Service Center, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-6-94-C-Regional Service Center is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-94-C-Regional Service Center 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-6-94-C-Regional Service Center are justified by the design of the development described therein. D. PUD-6-94-C-Regional Service Center 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-Regional Service Center Zoning District and shall be included hereafter in the Planned Unit Development 6-94-C-Regional Service Center and the legal descriptions of land 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. 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 6th day of September, 1994, and finally read and adopted and or erect published in summary form as attached hereto at a regular meeting of the City Council of said City t 4th day of Oc er, 1994. ATTEST: John D. ne, ity Clerk Douglas B. Ten s, Mayor PUBLISHED in the Eden Prairie News on Exhibit A Eden Prairie Mall Expansion - Phase H Legal Description Block One, Eden Prairie Center Addition EDEN PRAIRIE MALL EXPANSION - PHASE H CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 38-94-PUD-6-94 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN ONE ZONING DISTRICT, 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 amending of land located at the Eden Prairie Mall, within C-Regional Service Center Zoning District on 80 acres; 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/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing EDEN PRAIRIE MAIL EXPANSION State of Minnesota ) -PHASE II )SS. CITY OF EDEN PRAIRIE of Hennepin HENNEPIN COUNTY.MINNESOTA County ) ORDINANCE NO.38-94-PUD-6-94 AN ORDINANCE OF THE CITY Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher OF EDEN PRAIRIE. MINNESOTA, of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein AMENDING CERTAIN LAND stated as follows: WITHIN ONE ZONING DISTRICT, (A)This newspaper has complied with the requirements constituting qualification as a legal AMENDING THE LEGAL DESCRIP- newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as TIONS OF LAND IN EACH DISTRICT, amended. AND ADOPTING BY REFERENCE q CITY CODE CHAPTER 1 AND SEC- (B)The printed public notice that is attached to this Affidavit and identified as No. 22. 2 , TION 11.99,WHICH,AMONG OTHER was published on the date or dates and in the newspaper stated in the attached Notice,and said THINGS.CONTAIN PENALTY PRO- Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of ISIONS the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both THE CITY COUNCIL OF THE inclusive,and is hereby acknowledged as being the kin nd size of type used in the compositi CITY OF EDEN PRAIRIE. MINNE- and publication of the Notice: SOTA,ORDAINS: Summary: This ordinance allows abcdefghijklmno rs vA •yz amending of land located at the Eden Prairie Mall,within C-Regional Service Center Zoning District on 80 acres;sub- ject to the terms and conditions of a By: developer's agreement. Exhibit A, in- Stan srud,Ge Manager cluded with this Ordinance, gives the, full legal description of this property. Effective date:This Ordinance shall Subscribed and sworn before me on ' ,___f�, take effect upon publication, ATTEST: G. Ltd ti.RITJE,2 0TAR JcLC-l'ttuticSCTA /s/.lohn D.Franc /� /� , :• `COTT C ;�;+'�1µ 1�t1"t' City Clerk this day of ,1994 _., lC5m„ /s/Douglas B.Tenpas .r ,1" Mayor wwv:e (A full eopy.of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Notary Public 210 Thursday,October 13. 1994;No.7229) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$1 1.20percolumn inch Maximum rate allowed by law for the above matter ....................I.... S 11.20 per column inch Rate actually charged for the above matter ....................................... $6.89 per column inch