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HomeMy WebLinkAboutOrdinance - 5-2005-PUD-2-2005 - Eden Prairie Inn Pool Addition - 03/15/2005 EDEN PRAIRIE INN POOL ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-2005-PUD-2-2005 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 Highway Commercial Zoning District 5-2005-PUD-2-2005 (hereinafter "PUD-2-2005-C- Hwy). Section 3. The City Council hereby makes the following findings: A. PUD-2-2005-C-Hwy is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2005-C-Hwy 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-2-2005-C-Hwy are justified by the design of the development described therein. D. PUD-2-2005-C-Hwy 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 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 15, 2005, entered into between Eden Prairie Lodging, L.L.C., and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2005-C-Hwy, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Highway Commercial District and shall be included hereafter in the Planned Unit Development 2-2005-C-Hwy, 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 February, 2005, 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 15th day of March, 2005. ATTEST: Kathfeen A. Porta, City Clerk cy a- e ayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — Those part of Lots 1 and 2, Block 2, FLYING CLOUD CENTER, ACCORDING TO THE RECORDED PLAT THEREOF, Hennepin County, Minnesota, lying northwesterly of the following described line: Beginning at the point of the north line of said Lot 1, distance 164.47 feet east of the northwest corner of said Lot 1, thence southwesterly parallel with the westerly line of said Lots 1 and 2 to this southerly line of said Lot 2 and said line there terminating. EDEN PRAIRIE INN POOL ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 5-2005-PUD-2-2005 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 11500 West 78`" Street within the Highway 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: Kat een Porta, City Clerk Z4an yr uk ayor PUBLISHED in the Eden Prairie Sun Current on yYe�7 ,S (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.§331A.02,§331A.01,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 24 day of March , 2005,and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2005;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: abedefg"kl mnopgrstuvwxyz BY: CFO - City of Eden Prairie (Official Publication) CITY OFEDEN PRAIRIE Subscribed and sworn to or affirmed before me HENNEPIN COUNT%MINNESOTA EDEN PRAIRIE INN POOL ADDITION SUMMARY OF ORDINANCE NO,5-2005-PUD t- on this 24th day of March ,2005. 2005 AN ORDINANCE OFTHE CITYOFEDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CER.- / ? TAIN LAND WITHIN ONE DISTRICT,AND ADOPT. �.� ING BYREFERENCE CITY CODE CHAPTER 1 AND SECTION 1L99.WHICH,AMONG OTHER THINGS, Notary Pdtlic CONTAIN PENALTY PROVISIONS COrda of the City of Eden Prairie,Ads nesota,MARY ANN CARLSON esummar-.This ordinance allows amendment of the zon WTARY PUBLIC—M MEWTA ing of land located at 115M West 78th'Street within the MYCOWASSION DCPIRE i-m-oe Highway Commercial Zoning District. Exhibit A,includ- ed with this Ordinance,gives the fi ll legal description of Is this property. EE This Ordinance shall take effect,upon pub- RATE INFORMATION `�ta1i�� Nancy Tyra-Lukens,Mayor (1)Lowest classified rate paid by commercial users $ 2.855per line �tteat: Kathleen terra city clerk for comparable space PUBLISHED in the Eden Prairie sun Current on March 24,2005. (A Sill copy of the text of this Ordinance is available.from (2)Maximum rate allowed by law $ 6.20 per line City Clerk.) (Mac 24,20OW4M-2005 summary (3)Rate actually charged $ 1.30 per line i