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Home My WebLink AboutOrdinance - 14-2015-PUD-7-2015 - Eden Prairie Retail - 11/26/2015 EDEN PRAIRIE RETAIL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-2015-PUD-7-2015 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 Services Zoning District 14-2015-PUD-7-2015 (hereinafter "PUD-7- 2015-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-7-2015-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-2015-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-7-2015-C-REG-SER are justified by the design of the development described therein. D. PUD-7-2015-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 November 17, 2015, entered into between ARC CAFEUSA001 LLC and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-7-2015-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 7-2015-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. No permit shall be issued including but not limited to permits for land alteration or construction of improvements identified in the Development Agreement until subordination agreements have been submitted to the City Attorney in recordable form and in form and substance acceptable to the City Attorney from Select Comfort Retail corporation D/B/A Sleep Number, a Minnesota corporation, tenant under that certain unrecorded lease dated September 16, 2015 and New Cingular Wireless PCS, a Delaware limited liability company, d/b/a AT&T Mobility, tenant under that certain unrecorded lease dated October 16, 2015. Section 7. 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 8. 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 6"' day of October 2015, 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 171" day of November, 2015. ATTEST: Kat leen orta, City Clerk a T uk s, M� r PUBLISHED in the Eden Prairie News on November 26, 2015. EXHIBIT A PUD Legal Description Lot 2, Block 1, Alexander Emmett Addition EDEN PRAIRIE RETAIL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 14-2015-PUD-7-2015 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 590 Prairie Center Drive 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 N ncy -Lu ns, N4,,y PUBLISHED in the Eden Prairie News on November 26, 2015. (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 HENNEPIN COUNTY, MINNESOTA EDEN PRAIRIE RETAIL Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the SUMMARY OF ORDINANCE publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and NO.14-2015-PUD-7-2015 has full knowledge of the facts herein stated as follows: AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, (A) This newspaper has complied with the requirements constituting qualification as a legal MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as WITHIN ONE DISTRICT, AND amended. ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND (B)The printed public notice that is attached to this Affidavit and identified as No. SECTION 11.99,WHICH,AMONG was published on the date or dates and in the newspaper stated in the attached Notice and said OTHER THINGS, CONTAIN Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of PENALTY PROVISIONS the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both THE CITY COUNCIL OF inclusive,and is hereby acknowledged as being the kind and size of type used in the composition THE CITY OF EDEN PRAIRIE, and publication of the Notice: MINNESOTA,ORDAINS: Summary: This ordinance abcdefghijklmnopgrstupwxyz allows amendment of the zoning of land located at 590 Prairie Center Drive within the Commercial-Regional-Services t' By: V�K ( • li ,(/1{i Zoning District. Exhibit A, Laurie A.Hartmann included with this Ordinance, gives the full legal description of this property. Effective Date: This Subscribed and sworn before me on Ordinance shall take effect upon publication. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City h Clerk this day of v --\ 2015 (A full copy of the text of this Ordinance is available from City Clerk.) . ... �.� ,.R (Published in the Eden Prairie , J�� %, � ,� ((� � News on Thursday,November 26, 2015:No.3934) NOTMY Pl,DUC-M'NNESOTA N blic VY CD MSSION DP.AES 01/31/'8 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