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HomeMy WebLinkAboutOrdinance - 3-2008-PUD-3-2008 - Prairieview Center Facade Remodel - 02/21/2008 PRAIRIEVIEW CENTER FACADE REMODEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ❑RDINANCE NO.3-2008-PUD-3-2008 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 I 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 3-2008-PUD-3-2008 (hereinafter "PUD-3- 2008-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-3-2008-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-2008-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-3-2008-C-REG-S ER are justified by the design of the development described therein. D. PUD-3-2008-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 February 12, 2008, entered into between Praireview Retail, LLC and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-3-2008-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 3-2008-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 5. 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 22"a day of January, 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 12`h day of February, 2008. ATTEST: AL ( Ka leen Porta, City Clerk Phil dung, Mayor PUBLISHED in the Eden Prairie Sun Current on VdMaW -Z/ , 2008. EXHIBIT A PUD Legal Description — Prairieview Center Fagade Remodel Parcel 1: Lot 1, Block 1, Prairie View 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota, except Parcel 81 as shown in Minnesota Department of Transportation Right of Way Plat No. 27-53 Parcel 1 A: Easements for ingress and parking as set forth in Declaration of Easements to Provide Ingress, Egress and Parking, dated November 6, 1987, filed December 4, 1987 as Document Number 5354103. Parcel 2: Lot 3, Block 1, Prairie View Center 2nd Addition,according to the recorded plat thereof, Hennepin County, Minnesota. Parcel 2A: Easements for ingress and parking as set forth in Declaration of Easements to Provide Ingress, Egress and Parking,dated November 6, 1987, filed December 4, 1987 as Document Number 5354103. This legal description describes the same property as described in First American Title Insurance Company, File No. NCS— 11861 —MPLS, dated August 9, 2004. PRAIRIEVIEW CENTER FACADE REMODEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.3-2008-PUD-3-2008 AN ❑RDINANCE 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 930 Prairie Center 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: K ifileengPorta, City Clerk P 41 Young, MaFr PUBLISHED in the Eden Prairie Sun Current on Y. 4MC 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 j CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Laurie A. Hartmann,being duly sworn, on oath says that she is the authorized agent of the PRAIRIEVIEW CENTER FACADE REMODEL publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows: SUMMARY OF ORDINANCE NO. 3.2008-PUD-3.2008 ANORDINANCEOFTHECITY (A)This newspaper has complied with the requirements constituting qualification as a legal OF EDEN PRAIRIE,MINNESOTA, newspaper,as provided by Minnesota Statute 331A.02,331 A.07,and other applicable laws,as AMENDING THE ZONING OF amended. CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY ($)The printed public notice that is attached to this Affidavit and identified as No.�� REFERENCE CITY CODE was published on the date or dates and in the newspaper stated in the attached Notice and said WHICH,AMONGOTHER THINNGSS CHAPTER 1 AND SECTION . , Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of , CONTAIN PENALTY the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both PROVISIONS inclusive,and is hereby acknowledged as being the kind and size of type used in the composition THE CITY COUNCIL OF THE and publication of the Notice: CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS: abedefghbkhnnopgrstuvwxyz This ordinance allows amendment of the zoning of h r located at Prairie Genial D y / _f ■, Ali the within the Commercial Regional Service Zoning District. Laurie A.Hartmann Exhibit A, included with this Ordinance, gives the full legal- deser4fion of this property. This Ordinance Subscribed and sworn before me on shall take effect upon publication. Phil Young,Mayor ATTEST: ¢T Kathleen Pats,City Clerk this��da of Le 2008 (A full copy of the text of this y Clerk.) is available from City GWEN�1,AAEIU�Nz (Publishedinthe EdenPrairieNews z NOTARY P1111I1C-MINNESOTA on Thursday.February 2l,2006;No. MY Conan ft JA B1 211tO Notary 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