HomeMy WebLinkAboutOrdinance - 28-95-PUD-14-95 - Fuddruckers, Inc. & /Rio Bravo Cantina - 09/14/1995 FUDDRUCKERS, INC. & RIO BRAVO CANTINA
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 28-95-PUD-14-95
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:
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 C-Reg-Ser Zoning District 28-95-PUD-14-95 (hereinafter
"PUD-14-95-C-Reg-Ser").
Section 3. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of September 5, 1995, entered into between Fuddruckers, Inc., and the City of Eden
Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions
of PUD-14-95-C-Reg-Ser, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-14-95-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the
City.
B. PUD-14-95-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-14-95-C-Reg-Ser are justified by the design of the development described
therein.
D. PUD-14-95-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 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 PUD-14-95-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 1st day of
August, 1995, 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 5th day of September, 1995.
ATTEST:
lza4m--
John Viane,rity Clerk J L. Harris, Mayor
PUBLISHED in the Eden Prairie News onQ.L� Gi7� J / �jS
FUDDRUCKERS, INC. & RIO BRAVO CANTINA
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 28-95-PUD-14-95
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 11.999 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 U.S. Highway #169 and
Technology Drive from Rural to C-Reg-Ser on 4.02 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 Lq4w Agj /,� a -
(A full copy of the text of this Ordinance is available from City Clerk.)
07/26/1995 13:51 6124753159 LANr,FORM ENGINEERING PAGE 02
LEGAL DE CRIMON
Exhibit A
That part of the Northwest Quarter of the Northeast Quarter, Section 14, Township 116,Range 22, described as
follows: Commencing at the Northwest corner of the Northeast Quarter of said Section 14; thence on an
assumed bearing of South 01 degree 00 minutes 24 seconds West along the West line of said Northeast Quarter a
distance of 135.23 feet to the actual point of beginning; thence South 89 degrees 13 minutes 49 seconds East a
distance of 294.90 feet; thence Easterly along a tangential curve to the right, having a radius of 641.20 feet and
a central angle of 21 degrees 49 minutes 12 seconds a distance of 244.19 feet; thence South 64 degrees 03
minutes 49 seconds East, along a line not tangent to said curve, to the South line of the North 193.50 feet of said
Northwest Quarter of the Northeast Quarter, thence Westerly along said South line to the West line of said
Northeast Quarter, thence North 01 degree 00 minutes 24 seconds East along said West line to the point of
beginning, included within the following described parcel of real estate:
That part of the Northwest Quarter of the Northeast Quarter of Section 14,Township 116,Range 22,
Hennepin County, Minnesota, lying Southerly of Line "A"and its Westerly extension,Westerly of Line
"B" and its Southerly extension, and Northerly of Line"C" and its Easterly extension. Lines "A", "B" and
"C" are described as follows:
Line "A": Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter; thence
South 01 degree 00 minutes 24 seconds West,bearing assumed, along the West line of said Northwest
Quarter of the Northeast Quarter, a distance of 135.23 feet to point of beginning of Line"A" to be
described; thence South 89 degrees 13 minutes 49 seconds East, a distance of 126.00 feet and there
terminating.
Line"B": Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter; thence
South 01 degree 00 minutes 24 seconds West, bearing assumed, along the West line of said Northwest
Quarter of the Northeast Quarter a distance of 135.23 feet; thence South 89 degrees 13 minutes 49
seconds East, a distance of 126.00 feet to the point of beginning of Line"B"to be described;
thence South 01 degree 00 minutes 24 seconds West,parallel with said West line, a distance of 145.00
feet and there terminating.
Line"C": Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter, thence
South 01 degree 00 minutes 24 seconds West,bearing assumed, along the West line of said Northwest
Quarter of the Northeast Quarter, a distance of 319.23 feet to the point of beginning of Line"C" to be
described; thence North 69 degrees 18 minutes 01 seconds East, a distance of 106.55 feet;
thence South 89 degrees 13 minutes 49 seconds East, a distance of 27.00 feet and there terminating.
07/26/1995 13:51 6124753159 LA DFORM ENGINEERING PAGE 03
That part of the Northwest Quarter of the Northeast Quarter, Section 14, Township 116,Range 22, described as
follows: Commencing at the Northwest corner of the Northeast Quarter of said Section 14; thence on an
assumed bearing of South 01 degree 00 minutes 24 seconds West along the West line of said Northeast Quarter a
distance of 135.23 feet to the actual point of beginning; thence South 89 degrees 13 minutes 49 seconds East a
~-' distance of 294.90 feet; thence Easterly along a tangential curve to the right, having a radius of 641.20 feet and
a central angle of21 degrees 49 minutes 12 seconds a distance of 244.19 feet; thence South 64 degrees 03
minutes 49 seconds East, along a line not tangent to said curve,to the South line of the North 193.50 feet of said
Northwest Quarter of the Northeast Quarter; thence Westerly along said South line to the West line of said
Northeast Quarter; thence North 01 degree 00 minutes 24 seconds East along said West line to the point of
beginning, except that part of Parcel I included within the following described parcel of real estate:
That part of the Northwest Quarter of the Northeast Quarter of Section 14, Township 116,Range 22,
Hennepin County,Minnesota, lying Southerly of Line"A" and its Westerly extension,Westerly of Line
"B" and its Southerly extension, and Northerly of Line "C" and its Easterly extension. Lines "A", "B" and
"C" are described as follows:
Line "A": Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter; thence
South 01 degree 00 minutes 24 seconds West, bearing assumed, along the West line of said Northwest
Quarter of the Northeast Quarter, a distance of 13 5.23 feet to point of beginning of Line "A" to be
described; thence South 89 degrees 13 minutes 49 seconds East, a distance of.126.00 feet and there
terminating.
Line "B": Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter; thence
South 01 degree 00 minutes 24 seconds West, bearing assumed, along the West line of said Northwest
Quarter of the Northeast Quarter a distance of 135.23 feet; thence South 89 degrees 13 minutes 49
seconds East, a distance of 126.00 feet to the point of beginning of Line"B" to be described;
thence South 01 degree 00 minutes 24 seconds West, parallel with said West line, a distance of 145.00
feet and there terminating.
Line "C": Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter; thence
South 01 degree 00 minutes 24 seconds West, bearing assumed, along the West line of said Northwest
Quarter of the Northeast Quarter, a distance of 319.23 feet to the point of beginning of Line"C" to be
described; thence North 69 degrees IS minutes 01 seconds East, a distance of 106.55 feet;
thence South 89 degrees 13 minutes 49 seconds East, a distance of 27.00 feet and there terminating.
f
07/26/1995 13:51 6124753159 LANDFGR.-I ENGINEERING PAGE 04
That part of the South 370 feet of the North 563.5 feet of that part of the West Half of the Northeast Quarter of
Section 14,Township 116 North,Range 22 West of the 5th Principal Meridian, County of Hennepin, lying
Westerly of the centerline of U.S. Highway No. 169(formerly State Highway No. 5), lying Westerly of Line "A"
and its Southerly extension and Northerly of Line "B" and its Easterly extension; Lines "A" and "B" are
described as follows:
Line "A.": Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter;
thence South 01 degree 00 minutes 24 seconds West, bearing assumed, along the West line of said
Northwest Quarter of the Northeast Quarter a distance of 135.23 feet; thence South 89 degrees 13
minutes 49 seconds East, a distance of 126.00 feet to the point of beginning of Line"A" to be
described; thence South 01 degree 00 minutes 24 seconds West parallel with said West line, a
distance of 145.00 feet and there terminating.
Line"B": Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter,
thence South 01 degree 00 minutes 24 seconds West,bearing assumed, along the West line of said
Northwest Quarter of the Northeast Quarter a distance of 319.23 feet to the point of beginning of Line
"B" to be described; thence North 69 degrees 18 minutes 01 second East a distance of 106.55 feet;
thence South 89 degrees 13 minutes 49 seconds East a distance of 27.00 feet and there terminating.
The South 370 feet of the North 563.5 feet of the part of the West Half of the Northeast Quarter of Section 14,
Township 116 North,Range 22 West of the 5th Principal Meridian lying Westerly of the centerline of U.S.
Highway No.169(formerly State Highway No. 5) except that part thereof embraced within the plat of
ANDERSON IDLEWILD ADDITION and except that part thereof lying Westerly of Line"A" and its Southerly
extension and Northerly of Line "B" and its Easterly extension; Lines "A" and "B" are described as follows:
Line "A": Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter, thence
South 01 degree 00 minutes 24 seconds West, bearing assumed, along the West line of said Northwest
Quarter of the Northeast Quarter, a distance of 135.23 feet; thence South 89 degrees 13 minutes 49
seconds East, a distance of 126.00 feet to the point of beginning of Line "A" to be described;
thence South 01 degree 00 minutes 24 seconds West parallel with said West line a distance of 1
145.00 feet and there terminating.
Line"B": Commencing at the Northwest comer of said Northwest Quarter of the Northeast Quarter; thence
South 01 degree 00 minutes 24 seconds West, bearing assumed, along the West line of said Northwest
Quarter of the Northeast Quarter a distance of 319.23 feet to the point of beginning of Line"B" to be
described; thence North 69 degrees 18 minutes 01 seconds East a distance of 106.55 feet; thence
South 89 degrees 13 minutes 49 seconds East a distance of 27.00 feet and there terminating.
That part of the Northwest Quarter of the Northeast Quarter of Section 14, Township 116,Range 22 lying East
of the Easterly lime of Registered Land Survey No. 895, South of the Easterly extension of the North line of said
Survey,West of the Westerly line of ANDERSON IDLEWILD ADDITION and North of the Following
described fine:
Commencing at the Northeast Corner of Registered Land Survey No. 895; thence on an assumed bearing of
South 05 degrees 09 minutes 26 seconds East along the East of said Survey a distance of 298.00 feet to the
point of beginning of the line to be described; thence North 69 degrees 08 minutes 35 seconds East a distance
of 126.49 feet to the Westerly line of ANDERSON IDLEWILD ADDITION and said line there terminating.
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
FUDDRUCKERS,INC.&RIO )SS.
BRAVO CANTINA County of Hennepin )
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher
ORDINANCE NO.28-95-PUD-14-95 of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein
AN ORDINANCE OF THE CITY stated as follows:
OF EDEN PRAIRIE,MINNESOTA, (A)This newspaper has complied with the requirements constituting qualification as a legal
REMOVING CERTAIN LAND FROM newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
ONE ZONING DISTRICT AND amended.
PLACING IT IN ANOTHER,
AMENDING THE LEGAL (B)The printed public notice that is attached to this Affidavit and identified as No.—
DESCRIPTIONS was published on the date or dates and in the newspaper stated in the attached Notice,and said
OF LAND IN EACH DISTRICT, Notice is hereby incorporated as part of this affidavit. Said notice was cutfrom the columns of
AND ADOPTING BY REFERENCE the newspaper specified. Printed below is a copy o)f,4 lower case alphabet from A to Z,both
CITY CODE CHAPTER 1 AND inclusive,and is hereby acknowledged as Jpq
size of type used in the composition
SECTION 11.99,WHICH,AMONG and publication of the Notice:
OTHER THINGS,CONTAIN
PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY abcdefghxyz
OF EDEN PRAIRIE,MINNESOTA
ORDAINS:
Summary:This ordinance allows re-
zoning of land located at U.S. Highway B
#169 and Technology Drive from Rural to Rolf ,,General Manager
C-Reg-Ser on 4.02 acres; subject to the
terms and conditions of a developer's Subscribed and sworn before me on
agreement.Exhibit A,included with this
Ordinance,gives the full legal description 4.0
of this property. 000,00
Effective Date:This Ordinance shall this day of . , 1995 GWEN M. RADUENZ
take effect upon publication. 0 NOTARY PUBLIC—MINNESOTA
ATTEST:/s/John D.Frane MY CO3MI ISSION EXPIRES 1-31-00
City Clerk
/s/Jean L.Harris,Mayor
(Published in the Eden Prairie News on -Notary Public
Thursday,September 14,1995;No.7386)
RATE INFORMATION
Lowestclassified rate paid by commercial users forcomparable space...$12.80 percolumn 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