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HomeMy WebLinkAboutOrdinance - 22-95-PUD-9-95 - Boston Market - 05/23/1995 BOSTON MARKET CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 22-95-PUD-9-95 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MJNNESOTA, AMENDING CERTAIN LAND WITHIN A 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: 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 Zoning District 22-95-PUD-9-95 (hereinafter "PUD-9-95-C-Reg-Ser"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 20, 1995, entered into between Northstar Restaurant, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-9-95-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-9-95-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-95-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-9-95-C-Reg-Ser are justified by the design of the development described therein. D. PUD-9-95-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 9-95-C-Reg-Ser, 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. 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 23rd day of May, 1995, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of June, 1995. ATTEST: Jo h rave, City Clerk J n L. Harris, Mayor PUBLISHED in the Eden Prairie News onQu BOSTON MARKET CITY OF EDEN PRAT U HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 22-95-PUD-9-95 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MQNNESOTA, AMENDING CERTAIN LAND WITHIN A 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 the amending of land located at Tower Square Shopping Center south of McDonald's within the C-Reg-Ser Zoning District on 0.8 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/Jean L. Harris City Clerk Mayor i PUBLISHED in the Eden Prairie News on the 2 S (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Legal Description Boston Market Lot 2, Block 1, Eden Prairie 7th Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) BOSTON MARKET Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher CITY OF EDEN PRAIRIE of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein HENNEPIN COUNTY,MINNESOTA stated as follows: AN ORDINANCE OF THE (A)This newspaper has complied with the requirements constituting qualification as a legal CITY OF EDEN PRAIRIE, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as MINNESOTA,AMENDING amended. CERTAIN LAND WITHIN A ZONING (B)The printed public notice that is attached to this Affidavit and identified as No. � DISTRICT,AMENDING THE was published on the date or dates and in the newspaper stated in the attached Notice,and said LEGAL DESCRIPTIONS OF Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of LAND IN EACH DISTRICT, the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both AND ADOPTING BY REFERENCE inclusive,and is hereby acknowledged as being the kind and size of type used in the co m osition CITY CODE CHAPTER 1 AND and publication of the Notice: SECTION 11.99,WHICH AMONG OTHER THINGS, abcdefghij op rs z CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS; Summary:This ordinance allow the By' Stan Rol amendingof land located atTower Square fsru , eneral Manager Shopping Center south of McDonald's within the C-Reg-Ser Zoning District on Subscribed and sworn before me on 0.8 acres;subject to the terms and condi- tions of a developer's agreement.Exhibit A,included with this Ordinance,gives the full legal description of this property. 'r ' Effective Date:This Ordinance shall this_day of 1995 »Yi " GWEN ki. RAI)UENZ MOTARY PUBLIC—".',IA.PVtSOTA take effect upon publication. _ SAY CO„tlSSt0N EXPIRES 1.31-00 Attest:John D.Frane City Clerk Jean L.Hams Mayor Notary Public (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,June 29,1995;No.7324) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$12.80 per column inch Maximum rate allowed by law for the above matter..........................$12.80 per column inch Rate actually charged for the above matter........................................ $7.30 per column inch