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Home My WebLink AboutOrdinance - 17-2008-PUD-8-2008 - Walgreens - 07/24/2008 WALGREENS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-2008-PUD-8-2008 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 17-2008-PUD-8-2008 (hereinafter "PUD-8- 2008-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-8-2008- C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-2008- 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-8-2008- C-REG-SER are justified by the design of the development described therein. D. PUD-8-2008- 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 July 15, 2008, entered into between Flying Equities, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-8-2008-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 8-2008- 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 17th day of June, 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 15th day of July, 2008. ATTEST: K thleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on a� , 2008. EXHIBIT A PUD Legal Description — Parcel 1: Lot 4, Block 1, The Preserve Commercial Park North 41h Addition, Hennepin County, Minnesota. Abstract Property Parcel 2: Lot 5, Block 1, The Preserve Commercial Park North 41h Addition, together with the appurtenant easements contained in Document No. 4908092, Hennepin County, Minnesota. Abstract Property WALGREENS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 17-2008-PUD-8-2008 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 at 8240 Flying Cloud Drive 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: KaAleen Porta, City Clerk PhiVioung, Mayor PUBLISHED in the Eden Prairie Sun Current on Q2�-�`�- a`� 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 ) -------- -- CITY OF EDEN PRAIRIE Mark Weber,being duly sworn,on oath says that he is the authorized agent of the publisher of HENNEPIN COUNTY, the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated MINNESOTA as follows: WALGREENS SUMMARY OF ORDINANCE NO. (A)This newspaper has complied with the requirements constituting qualification as a legal 17-2008-PUD-8-2008 newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as AN ORDINANCE OFTHE CITY amended OF EDEN PRAIRIE,MINNESOTA, AMENDING THE ZONING OF printed public p p 5 ' CERTAIN LAND WITHIN ONE (B)The notice that is attached to this Affidavit and identified as No. DISTRICT, AND ADOPTING BY was published on the date or dates and in the newspaper stated in the attached Notice and said REFERENCE CITY CODE Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of CHAPTER 1 AND SECTION 11.99, the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both WHICH,AMONG OTHERTHINGS, inclusive,and is hereby acknowledged as being the kind and size of type used in the composition CONTAIN PENALTY and publication of the Notice: PROVISIONS THE CITY COUNCIL OF THE CITY .OF EDEN PRAIRIE, abcdefghbklmnopgrstuvwxyz MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of By: land located at 8W Flying Cloud RDrriivoe vilthin the Commercial Mark Weber Exhibit ,A,ii ice nckulee dwiffihthis Orttina5e, gives the i1�11 Subscribed and sworn before me on description of this property. DatL This publi initnee anon. shall tak effect upon publication. Phil Young,Mayor � 'day of � t �ti ,2008 Attest: Kathleen Porta,City Clerk this y 1 - (A hill y of the text of this Ordinan is available from City CierkJ z� �" LAM IE A.HARTMANN (Published mtheEdenPrairieNews on Thursday,July 24,2008;No.3555) '' UOf'ARY Piri3i!C—pMli�IESOTA 4 �' ;4 Cwnr cvhxt Jan.31,2010 otary Public 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