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HomeMy WebLinkAboutOrdinance - 1-95-PUD-1-95 - Galarneau/Shady Oak Business Center - 06/14/1994 1995 ORDINANCES-CITY OF EDEN PRAIRIE Ordinance Number Title 1st 2nd Pub. Dept. 1-95- Galarneau/Shady Oak Business Center 6/14/94 1/17/95 1/26/95 CD PUD-1-95 2-95 Adv. Sign Zone Removal-Amending Chap. 11, 1/17/95 2/7/95 2/16/95 CD Sec. 11.70 &repealing Sec. 11.71 3-95- Metro Printing 1/17/95 2/21/95 3/2/95 CD PUD-2-95 4-95 Amending City Code Chapter 5, Sec. 5.35 & 2/21/95 3/7/95 3/23/95 ADM Sec. 5.99 (Tobacco) 5-95 Challenge Printing, Chapter 1,Sec 11.99 1/17/95 2/21/95 3/2/95 CD 6-95 Repealing City Code Sec. 5.31, 5.32, 5.38 & 2/21/95 3/7/95 3/23/95 ADM Adopting by Reference City Code Chapter 1 & See. 5.99 7-95 Birdie's Sport Park-Ord. for Zoning Dist. 2/21/95 5/9/95 5/18/95 CD Change from Rural to Comm-Reg Serv. 8-95 Bryant Pointe Two 3/7/95 4/4/95 4/20/95 CD 9-95- Bearpath Clubhouse 3/7/95 8/l/95 8/10/95 CD PUD-11-95 10-95 American Lutheran Church 3/21/95 9/19/95 9/28/95 CD i i 95 Delegard Commercial (CONT.TO 1996) 3/21/95 CD 12-95- Bluffs East 16th 4/4/95 6/6/95 6/22/95 CD PUD-5-95 13-95- Boulder Ridge 4/4/95 5/9/95 5/18/95 CD PUD-4-95 14-95 Sutton Addition 4/4/95 10/3/95 10/12/95 CD 15-95 Loosen Addition 12/20/94 4/18/95 4/27/95 CD 16-95- Golden Triangle 4/18/95 8/l/95 8/10/95 CD PUD-8-95 17-95- Prairie Cycle 4/18/95 5/9/95 5/18/95 CD PUD-3-95 18-95 Issuance of Citations-Amending City Code 5/9/95 5/23/95 5/25/95 Police Chapter 2, Sec. 2.32 19-95- Sampson Office Studio 5/9/95 6/6/95 6/22/95 CD PUD-6-95 20-95- Riverview Heights 2nd Addition 5/23/95 6/6/95 6/22/95 CD PUD-7-95 21-95 Hirschler Addition 5/9/95 6/6/95 6/22/95 CD 22-95- Boston Market 5/23/95 6/20/95 6/29/95 CD PUD-9-95 23-95- Walnut Ridge 5/9/95 8/11/95 8/10/95 CD PUD-10-95 24-95 PAFKO 2nd Addition 6/20/95 7/18/95 8/3/95 CD 25-95- Anderson Lakes Commercial Center 3rd CD PUD '-r Addition Formal Withdrawal on 11/7/95 26-95- Hartford Place 7/18/95 9/5/95 9/14/95 CD PUD-13-95 27-95 Forest Hills 8th Addition 7/18/95 8/15/95 8/31/95 CD 28-95- Fuddruckers,Inc. &/Rio Bravo Cantina 8/l/95 9/5/95 9/14/95 CD PUD-14-95 29-95 Kindercare 8/15/95 9/19/95 9/28/95 CD 30-95 Preserve Village Center 7/18/95 9/5/95 9/14/95 CD 31-95- Regency Parc Townhouses 6/20/95 9/19/95 9/28/95 CD PUD-15-95 32-95- Laukka-Jarvis Development 9/5/95 12/19/95 1/4/96 CD PUD-16-95 33-95 Abra Auto Body 9/19/95 10/17/95 10/26/95 CD 34-95 Amoco Car Wash 9/19/95 10/17/95 10/26/95 CD 35-95 Street Name Change-Fossil Road to Boulder 11/7/95 11/7/95 11/23/95 ENG Pointe Road 36-95 Street Name Change-Portion of City West 11/7/95 11/7/95 11/23/95 ENG Parkway to Old Shady Oak Road 37-95- Dell Road Highway 5 Commercial Center 10/17/95 11/21/95 12/7/95 CD PUD-17-95 38-95 Zoning District Amendment-Valley Place 11/7/95 12/5/95 12/7/95 CD Office Phase II GALARNEAU/SHADY OAK BUSINESS.CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 1-95-PUD-1-95 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, M]NNESOTA, 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 Rural District and be placed in the Planned Unit Development Office and Neighborhood Commercial Zoning Districts 1-95- PUD-1-95 (hereinafter "PUD-1-95-Office and Neighborhood Commercial"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of January 17, 1995, entered into between Interstate Detroit Diesel, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-5-94-Office and Neighborhood Commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1-95-Office and Neighborhood Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-95-Office and Neighborhood Commercial 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-1-95-Office and Neighborhood Commercial are justified by the design of the development described therein. D. PUD-1-95-Office and Neighborhood Commercial 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 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development 1-95-Office and Neighborhood Commercial, 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 14th day of June, 1994, 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 17th day of January, 1995. ATTEST: John Fran , ity Clerk can L. Harris, Mayor PUBLISHED in the Eden Prairie News on q,�� GALARNEAU/SHADY OAK BUSINESS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 1-95-PUD-1-95 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 Old Shady Oak Road and Rowland Road from Rural to Office on 7.42 acres and Rural to Neighborhood Commercial on 3.74 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Jean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the JOIK.26, /'7` (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit "Alt EXISTING DESCRIPTION: 199.21 feet thence Southeasterly,tangent to the last described curve,to an intersection with a line drawn West,paralle(with the South line of said Southeast Parcel A Quarter of the Northeast Quarter,from a point on the East Gne of said Southeast Quarter of the Northeast Quarter distant 786.3 feet South from the point of beginning: That part of the Southeast Quarter of the Northeast Quarter,Section 2,Township thence East along said parallel line to the East line of said Southeast Quarter of the 1 t6,Range 22 described as beginning at the Northeast comer of said Southeast Northeast Quarter,thence North along said East Gne 786.3 feet of the point of Quarter of the Northeast Quarter,thence West along the North line of said*Southeast beginning,according to the Government Survey thereof. Quarter of the Northeast Quarter a distance of 566A feet thence Southerly deflecting to the left 90 degrees,12 minutes a distance of 15.67 feet:thence Southerly along a Subject to the effect of an Ordinance of the Town of Eden Prairie regulating the tangential curve to the right having a radius of 1526.43 feet and a central angle of 6 platting and subdividing of land,a certified copy of which Ordinance is recorded in degrees,00 minutes,a distance of 159.85 feet thence Southwesterly tangent to said Book 785 of Miscellaneous Records,page 354,Doc.No.30'.t0507. curve,59.85 feet thence Southerly along a tangential curve to the left having a radius of 396.16 feet and a central angle of 28 degrees,20 minutes a distance of Parcel C 195.9 feet thence Southeasterly tangent to the last described curve,166.7 feet thence Southeasterly along a tangential curve to the right having a radius of 867.98 Tract I,Registered Land Survey No.1581.Files of Registrar of Titles,County of feet and a central angle of 13 degrees,09 minutes,a distance of 19921 feet:thence Hennepin. Southeasterly,tangent to the last described curve to an intersection with a line drawn West,parallel with the South line of said Southeast Quarter of the Northeast Quarter Subject to a permanent easement for drainage purposes as shown in deed Doc.No. from a point on the East line of said Southeast Quarter of the Northeast Quarter 970391,Files of Registrar of Titles;(See Inst.)(Now over part of Tract 1). distant 786.3 feet South from the point of beginning;thence East along said parallel r line to the East line of said Southeast Quarter of the Northeast Quarter,thence North Subject to a limitation of the right of access from part of above(and to County State along said East line 786.3 feet to the point of beginning,except that part of the North Aid Highway Numbers 61 and 62 as acquired by the County in Deed Dee.Nos. 200 feet,as measured at right angles to the North line thereof which ties West of a 970391 and 1632389. Fles of Registrar to Titles. (See lnst). line drawn parallel to and 333.4 feet West of,as measured at right angles to the East line of said Southeast Quarter of the Northeast Quarter,according to the Government Parcel D survey thereof. That part of the Southeast Quarter of the Northeast Quarter,Section 2.Township Parcel B ' 116,Range 22,described as commencing at the Northeast comer of said Southeast Quarter of the Northeast Quarter,thence West along the North line of said Southeast Ail that part of the North 200 feet,as measured at right angles to the North line Quarter of the Northeast Quarter a distance of 566A feet thence Scutherty, thereof,of the following described parcel of land which lies West of a line drawn deflecting to the left 90 degrees,12 minutes,a distance of 15.67 feet;thence parallel to and 333.4 feet West of,as measured at right angles to,the East line of Southerly along a tangential curve to the right having a radius of 1526A3 feet and a said following described parcel to-wit central angle of 6 degrees,00 minute,a distance of 159.85 feet thence Southwesterly,tangent to said curve,59.85 feet thence Southerly along a tangential That part of the Southeast Quarter of the Northeast Quarter,Section 2,Township curve to the left having a radius of 396.36 feet and a central angle of 28 degrees„20 116,Range 22,described as beginning at the Northeast comer of said Southeast minutes,a distance of 195.9 feet,thence Southeasterly,tangent to the last described Quarter of the Northeast Quarter,thence West along the North line of said Southeast curve,166.7 feet:thence Southeasterly along a tangential curve to the right having a Quarter of the Northeast Quarter.a distance of 566.4 feet thence Southerly, radius of 867.98 feet and a central angle of 13 degrees,09 minutes,a distance of deflecting to the left 90 degrees,12 minutes,a distance of 15.67 feet thence 199.21 feet thence Southeasterly tangent to the last described curve,to an Southerly,along a tangential curve to the right having a radius of 1526.43 feet and a intersection with a fine drawn West,parallel with the South fine of said Southeast central angle of 6 degrees,00 minutes,a distance of 159.85 feet;thence Quarter of the Northeast Quarter,from a point on the East Gne of said Southeast Southwesterly,tangent to said curve,59.85 feet thence Southerly along a tangential Quarter of the Northeast Quarter distant 786.3 feet South from the Northeast comer curve to the left having a radius of 396.16 feet and a central angle of 28 degrees 20 of said Southeast Quarter of the Northeast Quarter,said intersection being the actual minutes,a distance of 195.9 feet thence Southeasterly,tangent to the last described point of beginning;thence continuing Southeasterly,tangent to the last described curve 166.7 feet,thence Southeasterly along a tangential curve to the right having a curve,to a point 23.5 feet from the point of tangency of the last described curve; radius of 867.98 feet and a central angle of 13 degrees,09 minutes,a distance of thence Southeasterly along a tangential curve to the right having a radius of 1090.85 feet and a central angle of 3 degrees.00 minute,a distance of 99.99 feet thence Southeasterly,tangent to the last described curve,147.5 feet thence Southeasterly along a tangential curve to the left having a radius of 1278.77 feet and a central angle of 6 degrees,16 minutes,a distance of 139.87 feet thence Southeasterly, tangent to the last described curve,130.1 feet,more or less,to a point on the South line of said Southeast Quarter of the Northeast Quarter distant 386 feet West frcm the Southeast comer of said Southeast Quarter of the Northeast Quarter,thence East along said South line to the Southeast comer of said Southeast Quarter of the Northeast Quarter,thence North along the East line of said Southeast Quarter of the Northeast Quarter to a point thereon 786.3 feet South from the Northeast comer of said Southeast Quarter of the Northeast Quarter,thence West parallel with a South line of said Southeast Quarter of the Northeast Quarter,to the actual point of beginning,according to the Government Survey thereof,except the East 179.00 feet thereof,as measured along the South line of said Southeast Quarter of Northeast Quarter. Parcel E That part of the East 179.00 feet of the Southeast Quarter of the Northeast Quarter of Section 2.Township 116.Range 22.as measured along the South fine of said Southeast Quarter of the Northeast quarter lying South of a line drawn West,parattet with the South line of said Southeast Quarter of the Northeast Quarter from a point on the East line of said Southeast Quarter of the Northeast Quarter distant 786.3 feet South from the Northeast comer of said Southeast Quarter of the Northeast Quarter. according to the Government Survey thereof. Parcel F 1R That part of the Southwest Quarter of the Northwest Quarter,Section 1,Township 116.Range 22.Hennepin County,Minnesota,lying West of a Gne which is parallel with and 40.00 feet Westerly from the following described line: Commencing at the Southwest comer of Section 36.Township 116.Range 22.thence East along the South fine of said Section 36.a distance of 488.84 feet to the beginning of the fine tc be described;thence deflecting to the right 84 degrees 19 minutes 12-secands,a distance of 2373.01 feet thence Southerly along a tangential curve to the left,having a radius of 1432.30 feet,to the South Gne of said Southwest Quarter of the Northwest Quarter and there terminating. Subject to easements of record. Affidavit of Publication Southwest Suburban Publishing GALARNEAU/SHADY OAK BUSINESS CENTER CITY OF EDEN PRAIRIE State of Minnesota HENNEPIN COUNTY,MINNESOTA ) ORDINANCE NO. )SS. 1-95-PUD-1-95 County of in AN ORDINANCE OF THE CITY Hennepin ) OF EDEN PRAIRIE,MINNESOTA- REMOVING CERTAIN LAND Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher FROM ONE ZONING DISTRICT of the newspaper known as the Eden Prairie New,,;and has full knowledge of the facts herein AND PLACING IT IN stated as follows: ANOTHER,AMENDING THE (A)This newspaper has complied with the requirements constituting qualification as a legal LEGAL DESCRIP'ITON newspaper,as provided by Minnesota Statute 331 A.02,331 A.07,and other applicable laws,as OF LAND IN EACH amended. DISTRICT,AND ADOPTING BY REFERENCE CITY (B)The printed public notice that is attached to this Affidavit and identified as No. �S CODE CHAPTER 1 AND was published on the date or dates and in the newspaper stated in the attached Notice,and said SECTION 11.99,WHICH, Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of AMONG OTHER THINGS, the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both CONTAIN PENALTY PROVISIONS. inclusive,and is hereby acknowledged aJBy: and size of type used in the composition THE CITY COUNCIL OF THE and publication of the Notice: CITY OF EDEN PRAIRIE, MINNE- SOTA ORDAINS: abcdefgvwxyz Summary: This ordinance aUgw§ rezoning of land located at Old Shady Oak Road and Rowland Road from Ru- ral to Office on 7.42 acres and Rural to Neighborhood Commercial on 3.74 �Stasrud,Gener Tanager acres; subject to the terms and condi- tions of a developer's agreement. Ex- hibit A, included with this Ordinance, Subscribed and sworn before me on gives the full legal description of this Property. . Effective Date:This Ordinance shall take effect upon publication. this ay o 1995 ATTEST: �rw LAURI A HAATk4p,•_N /s/Jean L.Harris4� ;+�• NOTARY PUBLIC M1nVft.S0.TA { Mayor ���w r" 7At SCOTT COUNT'/ /s/John D.Frane My Comm:sl:en FXP-res!gin tr tq3 City Clerk otary Public (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,January 26,1995;No.7305) RATE INFORMATION Lowest classified ratepaid by commercial users for comparable space...S 12.80 per column inch Maximum rate allowed by law for the above matter..........................$12.80 per column inch Rate actually charged for the above matter........................................ $7.30 per column inch