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Home My WebLink AboutOrdinance - 1-2021-PUD-1-2021 - Flying Cloud Commons (Castle Ridge Retail) - 01/20/2022FL YING CLOUD COMMONS (CASTLE RIDGE RETAIL) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 1-2021-PUD-1-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING 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 designation of the land be amended within the C-COM Zoning District as 1-2021-PUD-1-2021 (hereinafter "PUD-1- 2021 "). Section 3. The City Council hereby makes the following findings: A. PUD-1-2021 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2021 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 11and12 of the City Code that are contained in PUD-1-2021 are justified by the design of the development described therein. D. PUD-1-2021 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 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of February 2, 2021_entered into between KTJ 331, LLC, a Minnesota limited liability company, and the City of Eden Prairie (hereinafter "Flying Cloud Commons Development Agreement"). The Flying Cloud Commons Development Agreement contains the terms and conditions of PUD-1-2021, and is hereby made a part hereof. Section 5. Contingent upon receipt by the City of evidence from the Developer that the fully executed and acknowledged Flying Cloud Commons Development Agreement has been filed with the Hennepin County Recorder and Registrar of Titles no later than March 1, 2022, the proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the C-COM Zoning District as Planned Unit Development PUD-1-2020 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 No. 2021-PUD-1-2021 shall become effective from and after its passage and publication and receipt by the City of evidence of filing of the fully executed and acknowledged Flying Cloud Commons Development Agreement as set forth in Section 5 above. Publication shall not occur until the City has received evidence of filing of the Flying Cloud Commons Development Agreement. If the City does not receive evidence of filing of the Flying Cloud Commons Development Agreement as set forth in Section 5 above by March 1, 2022, or such later date as may be approved by resolution of the City Council, the approvals granted by this Ordinance No. 2021-PUD-1-2021 are automatically null and void, which shall be evidenced by adoption by the City Council of a resolution confirming that Ordinance No. 2021- PUD-1-2021 is revoked. The resolution shall direct the City Clerk to file a certified copy of the resolution against the land. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of August, 2020, 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 2nd day of February, 2021. ATTEST: Ronald A. Case, Mayor PUBLISHED in the Sun Current on , 2021. ~~~~~~~~~ EXHIBIT A PUD Legal Description Legal Description LEGAL DESCRIPTION FOR OUTLOT B, CASTLE RIDGE 3Rn ADDITION Beginning at the most northerly corner of Lot 1, Block 1, FOUNTAIN PLACE; said corner being a corner in the south line of said Outlot B; thence South 48 degrees 28 minutes 47 seconds East, along the northeast line of said Lot 1 on an assumed bearing, a distance of 158.13 feet to the proposed northwesterly right of way line of Flying Cloud Drive (County Road No. 61); thence northeasterly a distance of 340.47 feet along a non-tangential curve concave to the northwest, said curve being said proposed northwesterly right of way line of County Road No. 61, having a radius of 1240.87 feet and a central angle of 15 degrees 43 minutes 15 seconds, the chord of said curve bears North 35 degrees 38 minutes 54 seconds East; thence North 02 degrees 44 minutes 12 seconds East, non-tangent to said curve, a distance of 53.36 feet to the proposed southwesterly right of way line of Prairie Center Drive; thence northwesterly a distance of 56. 75 feet along a non-tangential curve concave to the southwest, said curve being the proposed southwesterly right of way line of Prairie Center Drive, having a radius of 166.00 feet and a central angle of 19 degrees 35 minutes 17 seconds, the chord of said curve bears North 45 degrees 15 minutes 43 seconds West; thence North 55 degrees 03 minutes 22 seconds West along said proposed southwesterly right of way line of Prairie Center Drive, tangent to said curve, a distance of 186.85 feet; thence North 47 degrees 49 minutes 22 seconds West, a distance of 95.31 feet along said proposed southwesterly right of way line of Prairie Center Drive to the existing right of way line of said Prairie Center Drive; thence North 55 degrees 03 minutes 22 seconds West along said existing right of way line of Prairie Center Drive, a distance of 65.15 feet; thence northwesterly a distance of 263.54 feet along a tangential curve concave to the northeast, said curve being the said southwesterly right of way line of Prairie Center Drive, having a radius of 1101.71 feet and a central angle of 13 degrees 42 minutes 21 seconds to a proposed angle point in the southwesterly right of way line of Prairie Center Drive; thence South 47 degrees 27 minutes 54 seconds West Along a proposed southwesterly right of way line of Prairie Center Drive, non-tangent to said curve, a distance of 14.08 feet; thence northwesterly a distance of 50.05 feet along a non-tangential curve concave to the northeast, said curve being said proposed southwesterly right of way line of Prairie Center Drive, having a radius of 1115. 79 feet and a central angle of 2 degrees 34 minutes 12 seconds, the chord of said curve bears North 40 degrees 04 minutes 48 seconds West; thence South 47 degrees 27 minutes 54 seconds West a distance of 76.19 feet; thence southwesterly and southerly a distance of 236.54 feet along a tangential curve concave to the southeast having a radius of 280.00 feet and a central angle of 48 degrees 24 minutes 10 seconds; thence southerly and southeasterly a distance of 153.78 feet along a compound curve having a radius of 375.00 and a central angle of 23 degrees 29 minutes 45 seconds; thence South 24 degrees 26 minutes 00 seconds East tangent to said curve, a distance of 229.13 feet; thence southerly a distance of 47.79 feet tangent to said curve having a radius of 120.00 and a central angle of 22 degrees 49 minutes 12 seconds; thence South 01 degrees 36 minutes 48 seconds East tangent to said curve, a distance of 12.02 feet to the north line of Outlot C, CASTLE RIDGE 3ao ADDITION; thence North 88 degrees 28 minutes 09 seconds East along the north line of said Outlot C, a distance of 72.27 feet to the northeast corner of said Outlot C; thence South 01 degrees 31 minutes 51 seconds East along the east line of said Outlot C, a distance of 50.00 feet to the southeast corner of said Outlot C; thence North 88 degrees 28 minutes 09 seconds East a distance of 33.52 feet; thence easterly and northeasterly a distance of 148.50 feet along a tangential curve concave to the northwest having a radius of 235.00 feet and a central angle of 36 degrees 12 minutes 25 seconds to the point of beginning. FL YING CLOUD COMMONS (CASTLE RIDGE RETAIL) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 1-2021-PUD-1-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING 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 designation of land located_ within the C-COM Zoning District into a Planned Unit Development 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: Ronald A. Case, Mayor PUBLISHED in the Sun Current on , 2021. ------- (A full copy of the text of this Ordinance is available from City Clerk.)