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HomeMy WebLinkAboutOrdinance - 30-97-PUD-20-97 - Townplace Centre - Retail Restaurant - 04/15/1997 TOWNPLACE CENTRE-RETAIL RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 30-97-PUD-20-97 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 Public District and be placed in the C-Regional Service Zoning District 30-97-PUD-20-97 (hereinafter "PUD-20-97-C-Regional Service"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 17, 1997, entered into between Office Depot, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-20-97-C- Regional Service, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-20-97-C-Regional Service is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-20-97-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-20-97-C-Regional Service are justified by the design of the development described therein. D. PUD-20-97-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 Public District and shall be included hereafter in the Planned Unit Development PUD-20-97-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 15th 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 17th day of June, 1997. ATTEST: John ne, City Clerk Jan L. Harris,Mayor PUBLISHED in the Eden Prairie News on At 1 0& 7 Exhibit A Townplace Centre Legal Description PUD Legal: Lots 5, 6 Auditors Subdivision n. 335 and Lots 4- 10, Block One,Leona Addition, and Lots 7,8,9 Block Two, Leona Addition Rezoning and Site Plan Legal: Lots 5, 6 Auditors Subdivision n. 335. TOWNPLACE CENTRE-RETAIL RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 30-97-PUD-20-97 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 I AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: ,su az��: This ordinance allows rezoning of land located at North and South of the intersection of Leona Road and Den Road on 4.47 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 �0 1227, (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) CITY OF EDEN PRAIRIE Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of HENNEPIN COUNTY, MINNESOTA the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated SUMMARY OF as follows: ORDINANCE NO. 30-97-PUD-20-97 (A)This newspaper has complied with the requirements constituting qualification as a legal AN ORDINANCE OF THE CITY newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as OF EDEN PRAIRIE, MINNESOTA, amended. REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLAC- (B)The printed public notice that is attached to this Affidavit and identified as No.M_—I& ING IT IN ANOTHER, AMENDING was published on the date or dates and in the newspaper stated in the attached Notice and said THE LEGAL DESCRIPTIONS OF Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of LAND IN EACH DISTRICT, AND the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both ADOPTING BY REFERENCE CITY inclusive,and is hereby acknowledged as being theJBy: A type used in the composition CODE CHAPTER I AND SECTION and publication of the Notice: 11.99, WHICH, AMONG OTHER abcdef hikhnno THINGS, CONTAIN PENALTY PRO- g j P VISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE-SOTA, ORDAINS:Summary:This ordinance allows re- Ro orud,Ge al Manager zoning of land located at North and South or his designated agent of the intersection of Leona Road and Den Subscribed and sworn before me on Road on 4.47 acres;subject to the terms andconditions of adeveloper's agreement. Exhibit A,included with this Ordinance, �� gives the full legal description ofthisprop- this day of 9 , 1997 erty. GIVEN M RADUENZ Effective Date:This Ordinance shall take effect upon publication. n�T� v�`10,14 r-"IRES 1-3- ATTEST: opplopp MY CC'.":���[C`1 t�t'Ir�ES 1-31dit7 /s/John D.Frane City Clerk /s/Jean L.Hams Notary Public City Clerk Mayor (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,June 26. 1997;No.8026) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$16.00 per column inch Maximum rate allowed by law for the above matter...............................$I 6.00 per column inch Rate actually charged for the above matter..............................................$8.05 per column inch