HomeMy WebLinkAboutOrdinance - 30-2000-PUD-22-2000 - Buca Di Beppo Addition - 09/05/2000 BUCA DI BEPPO ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 30-2000-PUD-22-2000
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
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 Community Commercial Zoning District (hereinafter "PUD-22-2000-
Community Commercial").
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of October 3, 2000, entered into between Buca di Beppo, Inc.,
and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's
Agreement contains the terms and conditions of PUD-22-2000-Community Commercial, and are
hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-22-2000-Community Commercial is not in conflict with the goals of the
Comprehensive Guide Plan of the City.
B. PUD-22-2000-Community Commercial 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-22-2000-Community Commercial are justified by the
design of the development described therein.
D. PUD-22-2000-Community Commercial 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 Community Commercial Zoning District and shall be included hereafter in
the Planned Unit Development 22-2000-Community Commercial, 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
5th day of September, 2000, 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 P day of
October,2000.
ATTEST:
4m"-J-4�
K thleen A.Porta, City Clerk an L.Harris,Mayor
PUBLISHED in the Eden Prairie News on 1.7 a 00 0.
E7=IT A
Buca di Beppo Addition
Legal Description:
Lot 2, Block 1, Edenvale Recreation Center 2nd Addition, except that part shown as Parcel 92 on Minnesota
Department of Transportation Right of Way Plat No.27-91;
AND
That part of Lot 1, Block 1, lying southerly of the easterly extension of the north line of Lot 2, Block 1, the
northerly line of Lot 2,Block 1, extended easterly to a point of intersection with the easterly line of Lot 2,Block 1,
extended northerly all in Edenvale Recreation Center 2nd Addition;
AND
The West 30.00 feet, as measured at a right angle of Lot 3, Block 1, Edenvale Recreation Center 2nd Addition,
according to the recorded plat thereof,Hennepin County,Minnesota;
AND
That part of Tract A,B,and C describe below:
Tract A. Lot 2, Block 2, Edenvale Recreation Center Addition, according to the plat thereof on file of record in
the office of the County Recorder in and for Hennepin County,Minnesota:
Tract B. Lot 1, Block 2, Edenvale Recreation Center Addition, according to the plat thereof on file and of record
in the office of the County Recorder in and for Hennepin County,Minnesota; except that part embraced
within that part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 116 North,
Range 22 West, described as beginning at a point on the south line of said Southwest Quarter of the
Southwest Quarter, distant 18 feet west of the Southeast corner of Block 1, Edenvale Industrial Park;
thence on an assumed bearing of North 86 degrees 40 minutes 14 seconds West along the south line of
said Southwest Quarter of the Southwest Quarter a distance of 198 feet; thence North 02 degrees 56
minutes 26 seconds East, a distance of 220 feet; thence South 86 degrees 40 minutes 14 seconds East, a
distance of 198 feet; thence South 02 degrees 56 minutes 26 seconds West, a distance of 220 feet to the
point of beginning:
Tract C. That part of Outlot B, Edenvale Recreation Center of 2nd Addition, shown as Parcel 73B on Minnesota
Department of Transportation Right of Way Plat Numbered 27-91; as the same is on files and of record
in the office of the County Recorder in and for Hennepin County,Minnesota;the title to a portion of said
Parcel 73B being registered as evidenced by Certificate of Title No.705938;
which lies westerly,northerly and easterly of Line 1 described below:
Line 1. Commencing at Right of Way Boundary Corner B31 as shown on said Plat No. 27-91; thence westerly
on an azimuth of 270 degrees 03 minutes 36 seconds along the boundary of said plat of 361.78 feet to the
point of beginning of Line 1 to be described;thence on an azimuth of 180 degrees 03 minutes 11 seconds
for 62.00 feet; thence on an azimuth 270 degrees 00 minutes 00 seconds for 143.64 feet; thence on an
azimuth of 00 degrees 00 minutes 00 seconds for 17.02 feet; thence on an azimuth of 270 degrees 00
minutes 00 seconds for 208.49 feet;thence on an azimuth of 00 degrees 03 minutes 11 seconds for 47.68
feet to Right of Way Boundary Corner B29 as shown on said Plat no.27-91 and there terminating.
BUCA DI BEPPO ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
SUMMARY OF
ORDINANCE NO.30-2000-PUD-22-2000
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA,
AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at
7711 Mitchell Road within the Community Commercial Zoning District. Exhibit A,
included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
19 a "eenA. orta, City Clerk can L.Harris,Mayor
PUBLISHED in the Eden Prairie News on October 12,2000.
(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 )
Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
as follows:
(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
HENNEPIN COUNTY, MINNESOTA amended.
SUMMARY OF ORDINANCE NO.
2000-30-PUD-22-2000 (B)The printed public notice that is attached to this Affidavit and identified as No
BUCA DI 0- P ADDITION was published on the date or dates and in the newspaper stated in the attached Notice and said
AN ORDINANCE OF THE CITY Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
OF EDEN PRAIRIE, MINNESOTA, the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
AMENDING THE ZONING OF inclusive,and is hereby acknowledged as being the kysize used in the composition
CERTAIN LAND WITHIN ONE and publication of the Notice:
DISTRICT, AND ADOPTING BYabcdef lu khnrto REFERENCE CITY CODE CHAPTER g pq1 AND SECTION 11.99, WHICH,
AMONG OTHER THINGS,CONTAIN
PENALTY PROVISIONS BTHE CITY COUNCIL OF THE lfsrud,General Manager
CITY OF EDEN PRAIRIE,
MINNESOTA, ORDAINS: or his designated agent
Summary: This ordinance allows Subscribed and sworn before me on
amendment of the zoning of l and located at
7711 MitchellRoadwithintheCommunity
Commercial Zoning District. Exhibit A,
included with this Ordinance,givesthefull y this da of C;syZ�L �?2000
legal description of this property. ;; G-V4EP4 M.RADUENZ
Effective Date: This Ordinance shall t.0w-ARYPUSLr, R!iNNPSOTA
take effect upon publication. A ptj0c:;,r:'.,C,-1R0es,san•3t,2eo5
Jean L.Harris,Mayor
ATTEST:Kathleen A.
Porta,City Clerk Notary Public
(Published in the Eden Prairie News on
Thursday,October 12,2000;No.3452)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$17.50 per column inch
Maximum rate allowed by law for the above matter................................$17.50 per column inch
Rate actually charged for the above matter.................................................$9.25 per column inch