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Home My WebLink AboutOrdinance - 13-2008-PUD-6-2008 - Eden Prairie Marketplace Retail - 05/29/2008 EDEN PRAIRIE MARKETPLACE RETAIL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-2008-PUD-6-2008 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 Rural Zoning District and be placed in the Commercial Regional Service Zoning District 13- 2008-PUD-6-2008 (hereinafter"PUD-6-2008-C-REG"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of May 20, 2008, entered into between Eden Prairie Marketplace, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-6-2008-C-REG, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-6-2008-C-REG is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2008-C-REG 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-6-2008-C-REG are justified by the design of the development described therein. D. PUD-6-2008-C-REG 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 Rural Zoning District, and placed in the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development PUD-6-2008-C-REG 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 15`h day of April, 2008, 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 201h day of May, 2008. ATTEST: Ka een Porta, City Clerk Phil YUng, Mayor PUBLISHED in the Eden Prairie Sun Current on c� , 2008. EXHIBIT A Legal Description — Eden Prairie Marketplace Lot 1,Block 2,Minnesota Tree Fourth Addition,Hennepin County,Minnesota EDEN PRAIRIE MARKETPLACE RETAIL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 13-2008-PUD-6-2008 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 11,999 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 Valley View Road and Prairie Center Drive, from Rural to Commercial Regional Service 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: - (1Z - Kat een P rta, City Clerk Ph oung, Mayor PUBLISHED in the Eden Prairie Sun Current on /( - 9 ) 2008. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Newspapers state of Minnesota ) )ss. County of Hennepin ) Laurie A. Hartmann,being duly sworn, on oath says that she 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: (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided by Minnesota Statute 331 A.02,331 A.07,and other applicable laws,as amended. `/ CITY OF EDEN PRAIRIE (B)The printed public notice that is attached to this Affidavit and identified as No, 7 19 HENNEPIN COUNTY, was published on the date or dates and in the newspaper stated in the attached Notice and said - MINNESOTA Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of EDEN PRAIIU MARKETPLACE the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both RETAIL inclusive,and is hereby acknowledged as being the kind and size of type used in the composition SUMMARY OF ORDINANCE NO. and publication of the Notice: 13-20D&PUD-6-2DO8 AN ORDINANCE OFTHE CITY abcdefghijklmnopgrstuvwxyz OF EDEN PRAIRIE,MINNESOTA, REMOVING- CERTAIN LAND { �� FROM ONE ZONING DISTRICT " AND PLACING IT IN ANOTHER, AMENDING THE LEGAL Laurie A.Hartmann DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9% Subscribed and sworn before me on WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE 2008 CITY OF EDEN PRAIRIE, this day of MDWESOTA, ORDAINS: Summary: This ordinance tIOT Pi1817C'llNME80fA allows rezoning of land Located at k�CaamWelm EVkisjin 81,20W Valley View Road and-Prairie Center Drive, from Rural to Commercial Regional Service ZoningDistrict ExhibitA,Included Notary Public with this Ordinance,gives ro ttpheee full legal description Eff Rate;This Ordinance shall take effect upon publication. Phil Young,Mayor- Kathleen Porter City Clerk (A tall copy, of the text of this RATE INFORMATION Ordinance is available &rom City k) Lowest classified rate paid by commercial users for comparable space....$40.00 per column inch � (RalishedintheEdenPraineNews Maximum rate allowed by law for the above matter...............................$40.00 per column inch on Thursday,May 29,2008;No.34n) Rate actually charged for the above matter...............................................$12.19 per column inch