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HomeMy WebLinkAboutOrdinance - 23-97-PUD-15-97 - Extended Stay America - 04/01/1997 EXTENDED STAY AMERICA CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 23-97-PUD-15-97 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 ofthis 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 removed from the C-Regional District and be placed in the Commercial Regional Service District 23-97-PUD-15-97(hereinafter"PUD-15-97-C-Regional Service"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 20, 1997, entered into between ESA Management, Inc.,and the City of Eden Prairie(hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-15-97-C- Regional Service, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-15-97-C-Regional Service is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-15-97-C-Regional Service 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-15-97-C-Regional Service are justified by the design of the development described therein. D. PUD-15-97-C-Regional Service 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 removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-15-97-C-Regional Service 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 1 st day of April, 1997, 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 May, 1997. ATTEST: o D rave, City Clerk fi(an L. Harris, Mayor PUBLISHED in the Eden Prairie News on `� °�9 /q9 EXTENDED STAY AMERICA CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 23-97-PUD-15-97 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: Summ=: This ordinance allows rezoning of land located at Valley View Road West of Market Place Drive on 3.63 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 PUBLISHED in the Eden Prairie News on the 40daq I Aaffll VVV (A full copy of the text of this Ordinance is available from City Clerk.) ExWbit Extended Stay America Legal Description: Outlot A and Part of Outlot B,Bryant Lake Center Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, IMINNESOTA ORDINANCE NO. 23-97-PUD-15-97 AN ORDINANCE OF THE CITY Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of OF EDEN PRAIRIE, MINNESOTA, the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated REMOVING CERTAIN LAND FROM as follows: ONE 7_ONING DISTRICT AND PLAC- (A)This newspaper has complied with the requirements constituting qualification as a legal ING IT IN ANOTHER, .-\,MENDING newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as THE LEGAL DESCRIPTIONS OF amended. LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY (B)The printed public notice that is attached to this Affidavit and identified as No.� CODE CHAPTER 1 AND SECTION was published on the date or dates and in the newspaper stated in the attached Notice and said 1 1.99, WHICH, AMONG OTHER Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of THINGS,CONTAIN PENALTY PRO- the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both VISIONS inclusive,and is hereby acknowledged as being the kind an of type used in the composition THE CITY COUNCIL OF THE and publication of the Notice: CITY OF EDEN PRAIRIE, XIINNE- SOTA, ORDAINS: abcdefghijkhnnop4y: Suminary:This ordinance allows re- zoning of landlocated at Valley View Road West of Market Place Drive on 3.63 acres; subject to the terms and conditions of a developer's agreemnt. Exhibit A, iD- srud,Geftm a1 Manager cluded with this Ordinance,gives the full or his designated agent legal description of this property. Effectit e Date.This Ordinance,_,.hall Subscribed and sworn before me on take effect upon publication. ATTEST: Isl John D.Frane City Clerk this _day of . 1997 lslJean L.Harris Mayor (A full copy of the text of thia GWEN K RADUENZ Ordinance is available from City Clerk.) R NOTARY PUBLIC— INNESOTA(Published in the Eden Prairie News on A1Y CO MISMN EXPIRES 1-31-00 Thursday, May 29, 1997; No. 8006) Notary Public "7/ RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$16.00 per column inch Maximum rate allowed by law for the above matter...............................$16.00 per column inch Rate actually charged for the above matter.............................................$8.05 per column inch