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HomeMy WebLinkAboutOrdinance - 21-2018-PUD-8-2018 - Cascade at Town Center - 11/22/2018 CASCADE AT TOWN CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-2018-PUD-8-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, 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 removed from the Community Commerical (C-COM) Zoning District and be placed in the Town Center—Mixed Use (TC-MU) Zoning District 21-2018-PUD-8-2018 (hereinafter "PUD-8-2018-TC-MU"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of November 13, 2018 entered into between Magellan Investment Partners, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-8-2018-TC-MU, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-8-2018-TC-MU is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-2018-TC-MU 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-8-2018-TC-MU are justified by the design of the development described therein. D. PUD-8-2018-TC-MU is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Community Commercial Zoning District, and placed in the Town Center— Mixed Use Zoning District and shall be included hereafter in the Planned Unit Development PUD-8-2018-TC-MU 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 171h 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 13`h day of November, 2018. ATTEST: Kat en Porta, City Clerk ja�n�c ,y a-LAen , y o r PUBLISHED in the Eden Prairie News on November 22, 2018. EXHIBIT A Legal Description Lot 1, Block 1, Lincoln Parc Apartments CASCADE AT TOWN CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 21-2018-PUD-8-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, 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: Summary: This ordinance allows rezoning of land located at 8090 Eden Road from the Community Commercial to the Town Center—Mixed Use 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: Kath en Porta, City Clerk anc ra- e s, ayor PUBLISHED in the Eden Prairie News on November 22, 2018. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A PUD Legal Description Legal Description Lot 1, Block 1, Lincoln Parc Apartments 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 newspapers known as the Eden Prairie News and Lakeshore Weekly News and has full knowledge of the facts herein stated as follows: CITY OFEDENPRAMW A This newspaper has com lied with the requirements constituting qualification as a OP � 9 g A: legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable S NO.Bi--� laws,as amended. �� T; E itXIRTE (B) The printed public notice that is attached to this Affidavit and identified as INI ;�' REQVING No. was published on the date or dates and in the newspaper stated in the attached E M`AND Notice and said Notice is hereby incorporated as part of this Affidavit.Said notice was cut from ZQ�_ G,DISTRICT AND 'PLAC�G I. I.N ANOTHER; the columns of the newspaper specified.Printed below is a copy of the lower case alphabet from AMENDING THE .LEGAL A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used in DESC L"IONS. OF.L ND IN'$!i lI 'I'RIG'1' ND the composition and publication of the Notice: "0 CIZ`Y CEDE j abcdefghijklmnopgrstuvwxyz Off' ALITTY iLp1GS,.CONTAIN ..PENALTY PROVISIONS THE CITY COUNCIL OF By THE CITY OF EDEN PRAIRIE{ Laurie A.Hartmann MOM- i alio>ave "is i-;Ibmted s Dais Subscribed and sworn before me on { to*e t this d_ ay of 018 fecThis � �111lt tapar JYMME JEANNETTE BARK A - ' r Clerk NOTARY PUBLIC.MINNESOTA Public (A�'con,pU Via; of MY COMMISSION EXPIRES 01/31/23 this'Offtwomits f City CiedL) `:f k the;1m Prairie News an ThurSdiat.Dedember IS, 2018:No.3465) 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