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HomeMy WebLinkAboutOrdinance - 13-98-PUD-10-98 - Eighteen Screen Movie Theater - 04/21/1998 t EIGHTEEN SCREEN MOVIE THEATER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 13-98-PUD-10-98 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, 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 4 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 Commercial Regional Zoning District 13-98-PUD-10-98 (hereinafter"PUD-10-98-Commercial-Regional"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 19, 1998, entered into between Eden Prairie Mall L.L.C. and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-10-98- Commercial-Regional, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-10-98-Commercial-Regional is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-10-98-Commercial-Regional 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-10-98-Commercial-Regional are justified by the design of the development described therein. D. PUD-10-98-Commercial-Regional 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 Commercial-Regional District and shall be included hereafter in the Planned Unit Development 10-98-Commercial Regional, 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. r 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 21 st day of April, 1998, 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 19th day of May, 1998. ATTEST: • Donald R. Uram, City Clerk an L. Harris,Mayor PUBLISHED in the Eden Prairie News on Eden Prairie Mall Theater Exhibit A Legal Description Eden Prairie Center Addition Block One,Lots 3,4, 5, and 6 Eden Prairie Center 8th Addition Block One,Lots 1 and 2 EIGHTEEN SCREEN MOVIE THEATER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 13-98-PUD-10-98 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA, 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,M %INESOTA, ORDAINS: Summary; This ordinance allows the amending of land located at Eden Prairie Center,within the Commercial Regional Zoning District on 10 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/Donald R. Uram /s/Jean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the o �. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. EIGHTEEN SCREEN MOVIE County of Hennepin ) THEATER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, Stan Rolfsrud,being duly sworn,on oath says thathe is the authorized agent of the publisher of MINNESOTA the newspaper known as the Eden Prairie News and has full knowledge of the facts herein statedd ORDINANCE NO. 13-98-PUD-10-98g AN ORDINANCE OF THE CITY as follows: OF EDEN NDI PRAIRIE, INNELAND A This newspaper has complied with the requirements constitutor qualification as a legal AMENDING CERTAIN LAND newspaper,as o ided b Minnesota Statute 331A.02,331A.07 and other applicable laws,WITHIN A ZONING DISTRICT, Pr Y app� > AMENDING THE LEGAL DESCRIP- amended. TIONAND OF LAND IN EACH DISTRICT, The printed public notice that is attached to this Affidavit and identified as No. AND ADOPTING TE REFERENCE was published o the date or dates and in the newspaper stated in the attached Notice and said CITY CODE CHAPTER 1 AND SEC- P TION 11.99,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 se alphabet from A to Z,both VISIONS inclusive,and is hereby acknowledged as being the kind and s' f type used in the compositi THE CITY COUNCIL OF THE and publication of the Notice: CITY OF EDEN PRAIRIE, MINNE- SOTA,ORDAINS: abcdefghijklmnopgrstu z Summary: This ordinance allows the amending of land located at Eden Prairie Center,withinthe CommercialRe- B gionalZoningDistricton 10 acres;subject to the term andconditionsof aDeveloper's Stan Rolfsrud,General Manager Agreement.Exhibit A,included with this or his designated agent Ordinance,gives the full legal description of this property. Subscribed and sworn before me on EffectiveDate: This Ordinance shall take effect upon publication. ATTEST: /s/Donald R. Uram this day of 1998 /s/Jean L.Harris _. GWEN K RADUEi JZ City Clerk F NOT„W PUZL[r_StNN=SGTA Mayor it s` G4Y CO:;L 1SS[Ov EXPIRES 1-31-00 (A full copy of the text of this Ordi- nance is available from City Clerk.) a (Published in the Eden Prairie News on Notary Public Thursday,May 28, 1998;No.9319) RATE INFORMATION Lowest classified rats 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.................................................$8.37 per column inch EIGHTEEN SCREEN MOVIE THEATER C1TY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-98-PUD-10-98 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIP- TIONS OF LAND IN EACH DIDISTRICTSTRICT,, Affidavit of Publication AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SEC- Southwest Suburban Publishing TION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PRO- VISIONS State of Minnesota THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- )SS. SOTA, ORDAINS: Sectionl. That the land which is the County of Hennepin 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 Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of initiated proposing that the land be the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated amendedwithin the CommercialRegional as follows: Zoning District 13-98-PUD-10-98(here- inafter "PUD-10-98-Commercial-Re- (A)This newspaper has complied with the requirements constituting qualification as a legal gional")• newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as Section 3. The land shall be subject amended. to the terms and conditions of that certain Developer's Agreement dated as of May (B)The printed public notice that is attached to this Affidavit and identified as No. lt3 lv 19,1998,entered into between Eden Prai- was published on the date or dates and in the newspaper stated in the attached Notice and said rie Mall L.L.C. and the City of Eden Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of Prairie,(hereinafter"Develope='sAgree- the newspaper specified.Printed below is a copy of the lower a alphabet from A to Z,both menf').The Developer's Agreementcon- inclusive,and is hereby acknowledged as being the kind and s' f type used in the composi. twins the terms and conditions of PUD-10- and publication of the Notice: 98-Commercial-Regional,and are hereby made a part hereof. abcdefghijklmnopgistu Section 4. The City Council hereby makes the following findings: A. PUD-10-98-Commercial-Re- gionalis notineonfiictwiththe goals ofthe By Comprehensive Guide Plan of the City. Stan Rolfsrud,General Manager B. FUD-10-98-Commercial-Re- or his designated agent gional is designed in such amanner to form adesirable and unifiedenvironmentwithin Subscribed and sworn before me on its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-10- this day of 1998 98-Commercial-Regionalarejustified by i` "E' =RADUENZthe design of the development described Ntherein, MY -00 D. PUD-10-98-Commercial-Re- gional is of sufficient size,composition, and arrangement that its construction, marketing,and operation is feasible as a Notary Public 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 Commercial-Re- gional District and shall be included here- RATE INFORMATION afterinthePlannedUnitDevelopmentl0- Lowest classified rate paid by commercial users for comparable space....$16.00 per column inch 98-Commercial.-Regional,andthelegalde- scriptions of land in each district referred Maximum rate allowed by law for the above matter...............................$16.00 per column inch to in City Code Section 11.03,subdivision Rate actually charged for the above matter.................................................$8.37 per column inch 1,subparagraphB,shallbe and areamended Section 7. This Ordinance shall accordingly. becomeeffectivefrom and afteritspassage Section 6. City Code Chapter 1 entitled"General Provisions and Defini- and�STREAD at aregular meeting of lions Applicable to the Entire City Code the City Councilof theCityofEdenh*de Including Penalty for Violation"and Sec- on the 21 st day of April,1998,and finally tion 11.99 entitled "Violation a Misde- read and adopted and orderedpublishedin mmnor" are hereby adopted in their en- summary form as attached hereto at a tirety by reference, as though repeated regularmeeting of the CityCouncilof said verbatimherem. City on the 19th day of May, 1998. ATTEST: Donald R. Uram,City Clerk Jean L.Harris,Mayor (Published in the Eden Prairie News on Thursday,May 29, 1999;No.9316)