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Home My WebLink AboutOrdinance - 9-2001-PUD-5-2001 - Schlotzsky’s Deli - 08/15/2000 SCHLOTZSKY'S DELI(OFFICE DEPOT) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 9-2001-PUD-5-2001 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 PRA RM,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 9-2001-PUD-5-2001 (hereinafter"PUD-5-2001-C-Reg-Ser"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 7, 2000, entered into between Midwest Expansion L.L.P., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-5-2001-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-5-2001-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2001-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-5-2001-C-Reg-Ser are justified by the design of the development described therein. D. PUD-5-2001-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 Zoning District and shall be included hereafter in the Planned Unit Development 5-2001-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 15th day of August, 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 6 h day of March, 2001. ATTEST: z&(J"Axx--1U (,X - - - �i Katitleen A. Porta, City Clerk ean L. Harris,Mayor PUBLISHED in the Eden Prairie News on SCHLOTZSKY'S DELI(OFFICE DEPOT) CITY OF EDEN PRAIRIE ]HENNEPIN COUNTY,NIINNESOTA SUM[M ARY OF ORDINANCE NO. 9-2001-PUD-5-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, 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 11609 Leona Road within the C-Reg-Ser 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: Q Ka een A. Porta, City Clerk Jean L.Harris,Mayor PUBLISHED in the Eden Prairie News on the ?eel (A full copy of the text of this Ordinance is available from City Clerk.) EXHIEBIT A Schlotzsky's Deli PUD Legal Description: That part of Lots 5 and 6, "Auditor's Subdivision Number 335, Hennepin County, Minnesota", property, according to the recorded plat thereof being described as beginning at the Southwest corner of said Lot 5; thence North along the West line thereof a distance of 324 feet; thence East parallel to the South line of said Lots 5 an6 a distance of 672.22 feet; thence South parallel to the West line of said Lot 6 a distance of 324 feet to the South line thereof; thence West along the South line of said Lots 6 and 5 a distance of 672.22 feet to the point of beginning, except the Easterly 109 feet of the above described. Schlotzsky's site Proposed Lot 2, Legal Description: That part of Lot 5, Auditors Subdivision Number 335,Hennepin County,Minnesota, described as follows: Commencing at the southwest corner of said Lot 5,thence 89 degrees 57 minutes 31 seconds East along the south line of said Section 5 distance of 56.37 feet to the point of beginning: thence North 00 degrees 02 minutes 29 seconds West a distance of 145.11 feet;thence North 16 degrees 19 minutes 16 seconds East a distance of 70.85 feet; thence North 89 degrees 57 minutes 31 seconds East a distance of 74.24 feet; thence South 00 degrees 02 minutes 29 seconds East a distance of 52.75 feet; thence North 89 degrees 57 minutes 31 seconds East a distance of 45.85 feet; thence South 00 degrees 02 minutes 29 seconds East a distnace4 of 160.34 feet to the south line of said Lot 5; thence South 89 degrees 57 minutes 31 seconds West along said south line a distance of 141.06 feet to the point of beginning and there terminating. EXIMIT A Schlotzsky's Deli Legal Description: That part of Lots 5 and 6, "Auditor's Subdivision Number 335, Hennepin County, Minnesota', property, according to the recorded plat thereof being described as beginning at the Southwest corner of said Lot 5; thence North along the West line thereof a distance of 324 feet; thence East parallel to the South line of said Lots 5 an6 a distance of 672.22 feet; thence South parallel to the West line of said Lot 6 a distance of 324 feet to the South line thereof; thence West along the South line of said Lots 6 and 5 a distance of 672.22 feet to the point of beginning, except the Easterly 109 feet of the above described. 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: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA (A)This newspaper has complied with the requirements constituting qualification as a legal SUMMARY OF ORDINANCE NO. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as 9-2001-PUD-5-2001 amended. SCHLOTZSKY'S DELI(OFFICE —� ,� DEPOT) (B)The printed public notice that is attached to this Affidavit and identified as No. .325�5 AN ORDINANCE OF THE CITY was published on the date or dates and in the newspaper stated in the attached Notice and said OF EDEN PRAIRIE, MINNESOTA, Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns o AMENDING THE ZONING OF the newspaper specified.Printed below is a copy of the low ase alphabet from A to Z,bot CERTAIN LAND WITHIN ONE inclusive,and is hereby acknowledged as being the kind an siz of type used in the composid DISTRICT, AND ADOPTING BY and publication of the Notice: REFERENCE CITY CODE CHAPTER I AND SECTION 11.99, WHICH, abcdefghijklmnopqrs AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE By: CITY OF EDEN PRAIRIE, Stan Rolfsrud,General Manager SumMINNESOTA, ORDAINS: ma : This ordinance allows or his designated agent amendment ofthe zoning of land located at 11609 Leona Road within the C-Reg-Ser Subscribed and sworn before me on Zoning District.Exhibit A,included with this Ordinance, gives the full legal description of this property. / this A day of ,2001 Effective Date: This Ordinance shall - G:E-,1' R;?DU1R.7 take effect upon publication. Jean L.Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk (A full copy of the text of this Ordinance Notary Public is available from City Clerk.) (Published in the Eden Prairie News on Thursday,March 15,2001;No.3553) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch Maximum rate allowed by law for the above matter................................$20.00 per column inch Rate actually charged for the above matter.................................................$9.75 per column inch