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Home My WebLink AboutOrdinance - 11-2006-PUD-8-2006 - Primrose School of Eden Prairie - 06/20/2006 PRIMROSE SCHOOL OF EDEN PRAIRIE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 11-2006-PUD-8-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN THE 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 Office Zoning District and be placed in Planned Unit Development Office Zoning District 11-2006-PUD-8-2006 (hereinafter"PUD-8-2006-OFC"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June 20, 2006, entered into between Primrose School Franchising Company and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-8-2006-OFC, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-8-2006-OFC is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-2006-OFC 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-8-2006-OFC are justified by the design of the development described therein. D. PUD-8-2006-OFC 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. r - - Section 5. Contingent upon receipt by the City of evidence of filing of the f illy- executed and acknowledged "Primrose School of Eden Prairie Development Agreement"no later than July 18, 2006, the proposal is hereby adopted and the land shall be, and hereby is amended within the Office Zoning District, and shall be, and hereby is included hereafter in the Planned Unit Development PUD- 8-2006-OFC, 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, publication and receipt by the City of evidence of filing of the fully-executed and acknowledged Primrose School of Eden Prairie Development Agreement as set forth in Section 5 above. Publication shall not occur until the City has received evidence of filing of the Primrose School of Eden Prairie Development Agreement. If the City does not receive evidence of filing of the Primrose School of Eden Prairie Development Agreement as set forth in Section 5 above by July 18, 2006, the approvals granted herein are null and void. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the Bch day of March, 2006, 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 20th day of June, 2006. ATTEST: Yz,4 Ka Teen Porta, City Clerk 4anqyra- en yor PUBLISHED in the Eden Prairie Sun Current on PRIMROSE SCHOOL OF EDEN PRAIRIE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 11-2006-PUD-8-2006 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 I 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 7800 Eden Prairie Road within the Office 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: Ka Teen Porta, City Clerk an yr n Mayor PUBLISHED in the Eden Prairie Sun Current on of Z' (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Primrose School of Eden Prairie Legal Description Lot 13, Block 2, Mitchell Lake Estates, according to the recorded plat thereof, Hennepin County, Minnesota 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.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 29 day Of June ,2006,and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2006;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: abodefghUldmnopgrstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 29 day of June ,200 . City of Eden Prairie N tary kiblic (otnclal Pomlcetlon> CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA PRIMROSE SCHOOL OF EDEN PRAIRIE doft SUMMARY OF ORDINANCE NO.11-2006-PUD-8-2006 MARY ANN CARLSON AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NOTARY PUBLIC—MINNESOTA MINNESOTA,AMENDING THE ZONING OF CERTAIN MY COMMISSION EXPIRES 14149 LAND WITHIN ONE.DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS RATE INFORMATION THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS: Summandment of the zon- (1)Lowest classified rate paid by commercial users $ 2.85 per line ng of land�tedtlat 0 Eden Prairie ance allows Road within the for comparable space Office Zoning District. Exhibit A,included with this Ordi- nance,gives the full legal description of this property. (2)Maximum rate allowed by law $ 6.20 per line Effective Date:This Ordinance shall take effect upon pub- lication. Nancy Tyra-Lukens,Mayor 3 Rate actually charged $ 1.30 r line ATTEST: Kathleen Porte,city clerk ( ) y g �— PUBLISHED in the Eden Prairie Sun Current on June 29, 2006. (A full copy of the text of.this Ordinance is available from City Clerk.) (June 29,2006)d4/11-2006 Summary