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Home My WebLink AboutOrdinance - 6-2005-PUD-3-2005 - Dairy Queen Grill & Chill 4 & 5 - 03/15/2005 DAIRY QUEEN GRILL&CHILL 4 & 5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 6-2005-PUD-3-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, 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 removed from the I-2 Zoning District and be placed in the Planned Unit Development Neighborhood Commercial Zoning District 6-2005-PUD-3-2005 (hereinafter "PUD-3-2005-N-COM"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 15, 2005, 2005, entered into between DRF G&C LLC, DRF G&C LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-3-2005-N-COM, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-3-2005-N-COM is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-2005-N-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-3-2005-N-COM are justified by the design of the development described therein. D. PUD-3-2005-N-COM is of sufficient size, composition, and arrangement that its construction, marketing, and operation are 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 removed from the I-2 Zoning District, and placed in the Neighborhood Commercial Zoning District and shall be included hereafter in the Planned Unit Development PUD-3-2005-N-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 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: Kathleen Porta, City Clerk cy a- ens, or PUBLISHED in the Eden Prairie Sun Current onQ/f EXHIBIT A DEVELOPMENT AGREEMENT - All that part of Lot 1, Block 1, PRAIRIE GREEN according to the recorded plat thereof, Hennepin County, Minnesota,which lies north of the following described line: Commencing at the northeast corner of said Lot 1,Block 1;thence on an assumed bearing of SOUTH along the east Line of said Lot 1, a distance of 226.34 feet; thence South 87 degrees 24 minutes 58 seconds West, a distance of 209.91 feet to a point on the west line of said Lot 1,Block land said line there terminating. Note: This parcel is to be platted as Lot 1,Block 1,PRAIRIE GREEN SECOND ADDITION DAIRY QUEEN GRILL & CHILL 4 & 5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 6-2005-PUD-3-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, 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: Summary: This ordinance allows rezoning of land located at Terrey Pine Drive and County Road 4, from I-2 to Neighborhood 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: Kathleen Porta, City Clerk 4Nc -L ns r PUBLISHED in the Eden Prairie Sun Current on i ��-�1 a7 d6o (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.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: abcdefgbijklmnopgrstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me City of Eden WaMe (official Publication) on this 24th day of March ,2005. CITY OF EDEN PRAIRIE HENNEPIN COUNTX MINNESOTA r DAIRY Y QUEEN GRILL& O.6-2 4- 8 SiJNIVIARY OF-ORDINANCE N0.8-2006•PUD-3- 2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, Notary P 'lic MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN AN- OTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DWMCT,AND ADOPTING BY MARY ANN CARLSON TTIIONN 9,WHICCODE AMONG OTHEHAPTER R THIAND NGS, NOTARY PUBLIC-MINNESOTA CONTAIN PENALTY PROVISIONS MY COMMISSION EXPIRES 1-31-06 The City Council of the City of Eden Prairie,Min- nesota,Ordains; 1. Su y: This ordinance allows rezoning of land locat- ed at Terrey-Pine Drive and County.Road 4,.from I-2 to RATE INFORMATION Neighborhood Commercial Zoning District. Exhibit A,in- cluded with this Ordinance,gives the full legal description (1)Lowest classified rate paid by commercial users $ 2.85 per line of this property. Effedin32ate:This Comparable Space h 2 Maximum rate allowed b law $ 6.20 er line Nancy Tyra-Lukens,Mayor ( ) y � Attest: Kathleen Porte,City Clerk PUBLISHED in the Eden Prairie Sun Current on March (3)Rate actually charged $ 1.30 per line 24,2005. (A full copy of the text of this Ordinance is available from City Clerk.) (Mar.24,2005)d4t6-2005 Summary