HomeMy WebLinkAboutOrdinance - 32-2004-PUD-18-2004 - Dairy Queen Grill & Chill - 12/21/2004 DAIRY QUEEN GRILL AND CHILL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 32-2004-PUD-18-2004
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 32-2004-PUD-18-2004(hereinafter "PUD-18-2004-
C-Com).
Section 3. The City Council hereby makes the following findings:
A. PUD-18-2004-C-Com is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-1 8-2004-C-Com 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-18-2004-C-Com are justified by the design of the
development described therein.
D. PUD-18-2004-C-Com 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 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of December 21, 2004, entered into between DRF G&C LLC,
and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development
Agreement contains the terms and conditions of PUD-1 8-2004-C-Com, and are hereby made a
part hereof.
Section 4. The proposal is hereby adopted and the land shall be, and hereby is
amended within the Community Commercial District and shall be included hereafter in the
Planned Unit Development 18-2004-C-Com, 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 5. 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 6. 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
23rd day of November, 2004, 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 21 st day of
December, 2004.
ATTEST:
-�
Kathle n Porta, City Clerk c a- eqepayor
PUBLISHED in the Eden Prairie Sun Current one�n�
EXHIBIT A
PUD Legal Description —
Lot 2, Block 1,BP Addition
DAIRY QUEEN GRILL AND CHILL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 32-2004-PUD-18-2004
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
8868 Aztec Drive 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: 4
Kat en Porta, City Clerk an yr en Mayor
PUBLISHED in the Eden Prairie Sun Current on the kkxc
(A full copy of the text of this Ordinance is available from City Clerk.)
v �
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Current and
has full knowledge of the facts stated below:
(A)The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper,as provided by Minn.Stat.§331 A.02,§331 A.07,and other applic-
able laws,as amended.
(B)The printed public notice that is attached was published in the newspaper once each
week,for one successive week(s);it was first published on Thursday,the 30 day
of December ,2004,and was thereafter printed and published on every Thursday
to and including Thursday,the day of ,2004;and printed below is
a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghijklmnopgrstuvwxyz
BY: jc_ City of Eden Prairie
CFO (Official Publication)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
DAIRY QUEEN GRILL AND CHILL
SUMMARY OF
ORDINANCE NO.32-2004-PUD-18-2004
Subscribed and sworn to or affirmed before me
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,
MINNESOTA,AMENDING THE ZONING OF CER-
on this 30th day of December ,2004. TAIN LAND WITHIN ONE DISTRICT,AND ADOPT-
- ING BY REFERENCE CITY CODE CHAPTER I AND
SECTION 11.99,WHICH,AMONG OTHER THINGS,PEN
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN
Notar P btic PRAIRIE,MINNESOTA,ORDAINS:
}y ununarv: This ordinance allow:amendment of the zon-
ing of land located at 8868 Aztec Drive within the Coni-
nwnity Commercial Zoning District. Exhibit A.included
with this Ordinance,gives the full legal description ofthis
Aft MARY ANN CARLSON property.
pub-
NOTARY INN CARLSO TA Lffi ctive Date:This Ordinance shall take effect upon pub-
lication.
MY COMMISSION EXPIRES 131-09
qW Nancy Tyra-Lukens,Mayor Kathleen Porta,City Clerk
PUBLISHED in the Eden Prairie Sun Current on the
30th day of December,2004.
iA full copy of the text of this Ordinance is available from
RATE INFORMATION City Clerk.)
(Dec.30,'2004 k14/32-2004 Summary
(1)Lowest classified rate paid by commercial users $ 2.85 Der line
for comparable space
(2)Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.30 per line