HomeMy WebLinkAboutOrdinance - 12-2013-PUD-5-2013 - Popeye's Louisiana Kitchen - 08/29/2013 POPEYE'S LOUISIANA KITCHEN
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 12-2013-PUD-5-2013
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 12-2013-PUD-5-2013 (hereinafter "PUD-5-
2013-C-REG-SER).
Section 3. The City Council hereby makes the following findings:
A. PUD-5-2013-C-REG-SER is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-5-2013-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-5-2013-C-REG-SER are justified by the design of the
development described therein.
D. PUD-5-2013-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 August 20, 2013, entered into between AFC Enterprises,
Inc d/b/a Popeyes Louisiana Kitchen, and the City of Eden Prairie, (hereinafter"Development
Agreement"). The Development Agreement contains the terms and conditions of PUD-5-2013-
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 Services District and shall be included hereafter in the
Planned Unit Development 5-2013-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
16`h day of July, 2013, 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 August,
2013.
ATTEST:
4c,-)
Ka Teen Porta, City Clerk /N4 ncVyra- en 0 00r
PUBLISHED in the Eden Prairie News on August 29, 2013.
EXHIBIT A
PUD Legal Description —
Lot 1, Block 1, Eden Glen 2nd Addition, City of Eden Prairie, Hennepin County, State of
Minnesota
POPEYES LOUISIANA KITCHEN
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 12-2013-PUD-5-2013
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 7995
Glen Lane within the Commercial-Regional-Services 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 leen Porta, City Clerk Ra c yra 1 ayor
PUBLISHED in the Eden Prairie News on G�Ot X / , 2013.
(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 331A.02,331A.07,and other applicable laws,as
CITY OF EDEN PRAIRIE amended. �^—,✓
HENNEPIN COUNTY,A KITCHEN
B The printed public notice that is attached to this Affidavit and identified as No3 J 7
POPEYES LOUISIANA KITCHEN ( ) P
SUMMARY OF ORDINANCE was published on the date or dates and in the newspaper stated in the attached Notice and said
NO.12-2013-PUD-5-2013 Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
AN ORDINANCE OF THE CITY the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
OF EDEN PRAIRIE, MINNESOTA, inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
AMENDING THE ZONING OF CERTAIN and publication of the Notice:
LAND WITHIN ONE DISTRICT, AND
ADOPTING BY REFERENCE CITY abcdefghbklmnopgrstuvwxyz
CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY (Bjy: �M
OF EDEN PRAIRIE, MINNESOTA,
ORDAINS: Laurie A.Hartmann
Summary: This ordinance allows
amendment of the zoning of land located
at7995 Glen Lane within the Commercial- Subscribed and sworn before me on
Regional-Services Zoning District.
Exhibit A,included with this Ordinance,
gives the full Iegal.description of this
pro
day of 2013
Effective Date:This Ordinance shall this
take effect upon publication.
Nancy Tyra-Lukens,Mayor
Kathleen Porta,
City Clerk JWME JEANNETTE BARK
(Published in the Eden Prairie News on N07AR'Pl;Eli.10•M:NNESOTA
Thursday,August 29 2013 No.3557
N t ub is + WY COMMkSSION EXPAS 01/31/18
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Rate actually charged for the above matter...............................................$12.59 per column inch