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Home My WebLink AboutOrdinance - 15-2018-PUD-5-2018 - Culver's Restaurant - 08/30/2018 CULVER'S RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 15-2018-PUD-5-2018 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 (C-REG-SER) District 15-2018-PUD-5-2018 (hereinafter "PUD-5-2018-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-5-2018-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2018-C-REG-SERis 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-5-2018-C-REG-SER are justified by the design of the development described therein. D. PUD-5-2018-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 21, 2018, entered into between Prairieview Retail, LLC, CHCR, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-5-2018-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 5-2018-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 July 2018, 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 21 st day of August 2018. ATTEST: Kat n Porta, City Clerk N c a- e yor PUBLISHED in the Eden Prairie News on August 30, 2018. EXHIBIT A PUD Legal Description Legal Description Before Final Plat Lot 1, Block 1, Prairie View Center 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. Lot 3, Block 1, Prairie View Center 2nd Addition,according to the recorded plat thereof,Hennepin County, Minnesota. Legal Description After Final Plat Lots 1, 2 and 3, Block 1, Prairie View Center 3`d Addition, according to the recorded plat thereof, Hennepin County, Minnesota. CULVER'S RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 15-2018-PUD-5-2018 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 970 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: Kathle Porta, City Clerk Nfaic a- c s, ayor PUBLISHED in the Eden Prairie News on August 30, 2018. (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 COVNTY, Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the MINNESOTA publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and CULVERS RESTAURANT has full knowledge of the facts herein stated as follows: SUMMARY OF ORDINANCE NO.AN 15-20 ORDINANCE A This newspaper has com lied with the requirements constituting qualification as a legal AN ORDINANCE OF THE ( ) P q g q g CITY OF EDEN PRAIRIE, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as MINNESOTA,AMENDING THE amended. ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND (B)The printed public notice that is attached to this Affidavit and identified as No. o o ADOPTING BY REFERENCE was published on the date or dates and in the newspaper stated in the attached Notice and said CITY CODE CHAPTER 1 AND Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of SECTION 11.99,WHICH,AMONG the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both OTHER THINGS, CONTAIN PENALTY PROVISIONS inclusive,and is hereby acknowledged as being the kind and size of type used in the composition THE CITY COUNCIL OF and publication of the Notice: THE CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS: abcdefghijklmnopqrstuvwxyz Summary: This ordinance allows amendment of the zoning of land located at 970 �� Vw' �`i WV� ►rUWw.. Prairie Center Drive within the By: Commercial Regional Service Laurie A.Hartmann Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Subscribed and sworn before me on Effective Date: This Ordinance shall take effect upon publication. � Nancy Tyra-Lukens,Mayor this day of 2018 ATTEST:Kathleen Porta,City Clerk EC = (A full copy of the text of this Ordinance is available from RK City Clerk.) SOTA (Published in the Eden Prairie News on Thursday, August 30, N ublic1131123 2018:No 3400) 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...............................................$12.97 per column inch