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Home My WebLink AboutOrdinance - 14-2008-PUD-7-2008 - Kona Grill - 06/12/2008 KONA GRILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-2008-PUD-7-2008 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 Commercial Regional Service Zoning District 14-2008-PUD-7-2008 (hereinafter 'PUD-7- 2008-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-7-2008-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-2008-C-REG-SER 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-7-2008-C-REG-SER are justified by the design of the development described therein. D. PUD-7-2008-C-REG-SER 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 June 3, 2008, entered into between Kona Grill, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-7-2008-C-REG-SER, 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 Commercial Regional Service District and shall be included hereafter in the Planned Unit Development 7-2008-C-REG-SER, 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 6th day of May, 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 3 d day of June, 2008. ATTEST: 46�� Ka;Keen Porta, City Clerk P#oung, ayor PUBLISHED in the Eden Prairie Sun Current on /..2., , 2008. EXHIBIT A PUD Legal Description — Kona Grill Lot 1, Block 1 and Outlot A and Outlot B, Windsor Plaza, Hennepin County, MN. KONA GRILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 14-2008-PUD-7-2008 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 West of Flying Cloud Drive, north of Regional Center Road within the 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: K/l,leen orta, City Clerk it Young, M or PUBLISHED in the Eden Prairie Sun Current on �c /Z , 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: CITY OF EDEN PRAIRIE (A)This newspaper has complied with the requirements constituting qualification as a legal HENNEPIN COUNTY, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as MINNESOTA amended KONA GRILL SUMMARY OF ORDINANCE NO. 13 The printed public notice that is attached to this Affidavit and identified as No.t 14-200&PUD 7 2008 ( ) P AN ORDINANCE OFTHE CITY was published on the date or dates and in the newspaper stated in the attached Notice and said OF EDEN PRAIRM MINNESOTA, Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of AMENDING THE ZONING OF the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both CERTAIN LAND:WITHIN ONE inclusive,and is hereby acknowledged as being the kind and size of type used in the composition DISTRICT, AND ADOPTING BY and publication of the Notice: REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, abedefghijklmnopgrstuvwxyz CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, By:_ �� MINNESOTA, ORDAINS: — Laurie A.Hartmann $13Z7u11AM This ordinance allows amendment of the zoning of land located West of Flying Cloud Subscribed and sworn before me on Drive, north of Regional Center Road within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal this _ZZday of lim"'e_ 2008 description aproperty. GYEN M.RADUENZ Fff D % Th i s NOTARY Pl18tJC-MINNESOTA Ordinance shall take effect upon My Coamris m Expkes Jan.31,2010 publication. Phil Young,Mayor -f �� cCtP � ATTEST: Kathleen Porta,City Clerk Notary Public (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News onThursday,June 12,2008;No.3423) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$40.00 per column inch Maximum rate allowed by law for the above matter................................$40.00 per column inch Rate actually charged for the above matter...............................................$12.19 per column inch