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Home My WebLink AboutOrdinance - 5-2016-PUD-2-2016 - Shops at Southwest Station - 03/17/2016 SHOPS AT SOUTHWEST STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-2016-PUD-2-2016 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-2016-PUD-2-2016 (hereinafter "PUD-2-2016- C-REG-SER"). Section 3. The City Council hereby makes the following findings: A. PUD-2-2016-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2016-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-2-2016-C-REG-SER are justified by the design of the development described therein. D. PUD-2-2016-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 March 8, 2016, entered into between Technology Drive Ventures, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2016-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 2-2016-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, publication and upon compliance with the following conditions: A. Minnwest Bank shall convey the Property to Technology Drive Ventures, LLC, which deed shall be in recordable form; B. Technology Drive Ventures, LLC shall execute the Development Agreement so that it is in recordable form; C. The Development Agreement is filed with Hennepin County Recorder's Office immediately following the filing of the deed from Minnwest Bank to Technology Drive Ventures, LLC and prior to any other document including any mortgage. D. Publication shall not occur until the City Attorney has received confirmation that items A, B and C have been fulfilled. Compliance with terms A, B, and C shall occur simultaneously at the closing of the purchase of the Property by Technology Drive Ventures, LLC from Minnwest Bank. If the contingencies sent forth in A, B , C and D have not occurred by May 17, 2016, this approval shall be null and void and of no effect. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14`h day of July 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 81h day of March, 2016. ATTEST: thleen A. Porta, City Clerk and yra- ukens, ayor PUBLISHED in the Eden Prairie News on March 17, 2016. EXHIBIT A PUD Legal Description Parcel 1 Lot 2, Block 1 Southwest Station, Hennepin County, Minnesota Abstract property Parcel 2 Easements contained in Declaration of Covenants, Conditions, Restrictions and Easements dated January 3, 2000, filed January 19, 2000 as Document No. 7264600, as amended by Document Nos. 7248625, 7907923, 8391982, 8586154, 8974173, 10003647, and 10153399. SHOPS AT SOUTHWEST STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 5-2016-PUD-2-2016 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 13000 Technology Drive within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: KaA leen Porta, City Clerk N nc yra ul ns,Mayor PUBLISHED in the Eden Prairie News on March 17, 2016. (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 ) SHOPS AT SOUTHWEST STATION Laurie A. Hartmann, beingdulysworn, on oath says that she is the authorized agent of the CITY N EDEN IN C PRAIRIE publisher of the newspapers knon as the Eden Prairie News and Lakeshore WeeklygNews and HENNEPIN COUNTY, P MINNESOTA has full knowledge of the facts herein stated as follows: SUMMARY OF ORDINANCE NO.5-2016-PUD- (A) This newspaper has complied with the requirements constituting qualification as a legal 2-2016 newspaper,as provided by Minnesota Statute 331 A.02,331 A.07,and other applicable laws,as AN ORDINANCE OF THE amended. CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE B The rented public notice that is attached to this Affidavit and identified as No.� " ZONING OF CERTAIN LAND was published o the date or dates and in the newspaper stated in the attached Notice ands d WITHIN ONE DISTRICT, AND P ADOPTING BY REFERENCE Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of CITY CODE CHAPTER 1 AND the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both SECTION 11.99,WHICH,AMONG inclusive,and is hereby acknowledged as being the kind and size of type used in the composition OTHER THINGS, CONTAIN and publication of the Notice: PENALTY PROVISIONS THE CITY COUNCIL OF abcdefghijklmnopgrs z THE CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS: y Summary: T h i s �f"(� ordinance allows amendment B �f/� of the zoning of land located at 13000 Technology Drive within Laurie A.Hartmann the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, Subscribed and sworn before me on gives the full legal description of this property. Effective Date: T h i s Ordinance shall take effect upon publication. this 1 day of 2016 ATTEST: Kathleen Porta,City Clerk Nancy Tyra-Lukens,Mayor (A full copy of the text of � �4 � ��r�L this Ordinance is available from F` NOTARY P0,11C-W'NNESOTA City Clerk.) (Published in the Eden Prairie t ublic WY COMMOSIO"rd EMRES OV311.1 News on Thursday, March 17, `ram^^-'�^ -� �. •,. -. . ,,., 2016�No 3985) 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