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HomeMy WebLinkAboutOrdinance - 13-96-PUD-3-96 - Southwest Metro - 02/20/1996 SOUTHWEST METRO TRANSIT HUB CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 13-96-PUD-3-96 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 13-96-PUD-3-96(hereinafter"PUD-3-96-C- Reg-Ser"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 7, 1996, entered into between Southwest Metro Transit Commission, and the City of Eden Prairie (hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-3- 96-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-3-96-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-96-C-Reg-Ser 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-3-96-C-Reg-Ser are justified by the design of the development described therein. D. PUD-3-96-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-3-96-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 20th day of February, 1996, 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 7th day of May, 1996. ATTEST: John D.Frane, Cit0lbrk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on SOUTHWEST METRO TRANSIT HUB CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 13-96-PUD-3-96 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: Summmazv: This ordinance allows rezoning of land located south of Highway 5, north of Technology Drive and west of Prairie Center Drive from Rural to C-Reg-Ser on 8.5 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 6 (A full copy of the text of this Ordinance is available from City Clerk.) Southwest Metro Transit Hub Exhibit A Legal Description Parcel 236 S.P.2762(212=260) 902 All of Tract A described below: Tract A. That part of the Northeast Quarter of the Northeast Quarter of Section 15,Township 116 North,Range 22 West,Hennepin County,Minnesota,lying southerly of the southerly right of way line of Trunk Highway No.212 as now located and established,northerly of the northerly right of way line of New Technology Drive and southwesterly of the southwesterly right of way line of Prairie Center Drive;excepting therefrom Technology Drive as located prior to January 1, 1990; containing 12.38 acres,more or less,together with all hereditaments and appurtenances belonging thereto. Parcel 224A S.P.2701 (5=121) 901 All of Tract A described below: Tract A. That part of the West one-half of the Northeast Quarter of Section 15,Township 116 North,Range 21 West,Hennepin County,Minnesota,described as follows: Beginning at the Southeast corner of said West one-half of Northeast Quarter,thence running North along the East line of said West one-half of Northeast Quarter 978.25 feet to the actual point of beginning of the land to be described;thence deflecting to the left 48 degrees 45 minutes 21 seconds and running Northwesterly 83.44 feet;thence deflecting to the left 20 degrees 30 minutes 30 seconds and running Northwesterly 297.47 feet;thence deflecting to the right 3 degrees 06 minutes and 30 seconds and running Northwesterly 215.82 feet;thence deflecting to the right 11 degrees 50 minutes 40 seconds and running Northwesterly 60.13 feet;thence deflecting to the left 13 degrees 57 minutes 50 seconds and running Northwesterly 100.66 feet,thence deflecting to the right 16 degrees 18 minutes 10 seconds and running Northwesterly 506.65 feet;thence deflecting to the right 46 degrees 56 minutes 30 seconds and running Northwesterly 269-27 feet;thence deflecting to the right 7 degrees 45 minutes and running Northerly to R the Southerly right of way line of State Trunk Highway No.5;thence Northeasterly along said Southerly right of way line to the East line of said West one-half of the Northeast Quarter,thence South along said East line to the point of beginning;the title thereto being registered as evidenced by Certificate of Title No.658063; containing 20.70 acres,more or less,of which 1.50 acres are encumbered by an easement for Technology Drive. Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) Southwest Metro Transit Hub )SS. CITYOF EDEN PRAIRIE County of Hennepin ) HENNEPIN COUNTY,MINNESOTA ORDINANCE-96 Stan Rolfsrud,being duly swom,on oath says that he is the authorized agent of the publisher of 13-NANCE-OF the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated AN ORDINANCE OF THE CITYg OF EDEN PRAIRIE, MINNESOTA, as follows: REMOVING CERTAIN LAND FROM (A)This newspaper has complied with the requirements constituting qualification as a legal ONE ZONING DISTRICT AND PLAC- newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as ING IT IN ANOTHER, AMENDING amended. THE LEGAL DESCRIPTION OF LAND IN,EACH DISTRICT, AND ADOPT- (B)The printed public notice that is attached to this Affidavit and identified as No.I!7. eta �/ ING BY REFERENCE CITY CODE was published on the date or dates and in the newspaper stated in the attached Notice,and said CHAPTER 1 AND SECTION 11.99, Notice is hereby incorporated as part of this affidavit.Said notice was cut from the columns of the WHICH, AMONG OTHER THINGS, newspaper speed. Printed below is a copy of the lower case alphabet from A to 4,both CONTAIN PENALTY PROVISIONS inclusive,and is hereby acknowledged as being the kind and size of type used in the com sition THE CITY COUNCIL OF THE and publication of the Notice: CITY OF EDEN PRAIRIE, MINNE- SOTA ORDAINS: abcdefghijkimn p rst wx}z Summary:This ordinance allows re- zoning of land located south of Highway 5,north of Technology Drive and west of Prairie Center Drive from Rural to C- B Reg-Ser on 8.5 acres;subject to the terms Stan Rolfsrud,General Manager and conditions of a developer's agree- or his designated agent ment.Exhibit A,included with this Ordi- nance,gives the full legal description of this property. Subscribed and sworn before me on Effective Date:This Ordinance shall take effect upon publication. ATTEST: /s/John D.Frane thL,/_,n day of ,1996 JE =KRADUENZNZ City Clerk aTA /s/Jean L.Harris t-31-00 Mayor (A full copy of the text of this Ordinance is available from City Clerk.) Notary Public (Published in the Eden Prairie News on Thursday,May 16,1996,No.7583) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space......S 16.00 per column inch Maximum rate allowed by law for the above matter...................................$16.00 per column inch Rate actually charged for the above matter.............................................. S 7.67 per column inch LSA DESIGN INC 3397433 P- 02 S CO Mefr© LEGAL DESCRIPTION That part of the Forth Half of the-Northeast Quarter of Section 15,Township 116 North, Range 22 Nest, Hennepin County, Minnesota, described as follows: Commencing at Right of Way Boundary Corner B 15 as shown on Minnesota Npaztment of Transportation Right of Way Plat No.27-28 as the same is on file and of record in the office of the County Recorder in and for said county;thence North 60 degrees 07 minutes 43 seconds East along the boundary of said plat a distance of 94,15 feet; thence easterly a distance of 236.80 feet along a - - nontangential curve,concave to the north,having a radius of 3009.79 feet, a central angle of 04 degrees 30 minutes 28 seconds, and a chord bearing of North 77 degrees 52 minut�s 50 seconds?vast; thence North 74 degrees 13 minutes 32 seconds East a distance of 36.01 feet; thence easterly a distance of 300.41 feet along a nontangettial curve, corxcave to the south, having a radius of 1065.92 feet, a central angle of:16 degrees 08 minutes 53 seconds, and a chord bearing of South 89 degrees 41 minutes 33 seconds East to the beginning of the land to be described; thence continuing along the last described curve a distance of 75.88 feet;said curve having a central angle of 4 degrees 04 minutes 43 seconds and a chord bearing of South 79 degrees34 minutes 45 seconds East; thence South.69 degrees 20 minutes 55 seconds East a distance of 197.09 feet; thence South 74 degrees 49 minutes 21 seconds East a distance of 99.58 feet; thence easterly a distance of 504.66 feet along a nontangential curve, concave to the north, having a radius of 620.87 feet, a central angle of 4 degrees 34 mintites 16 seconds,and a chord bearing of North 81 g � de reel_40•rrtinutrs7 59.seconds,East;thence North.58 degrees 29 minutes 55 seconds East a.distance of 122.22.feet; thence South 85 degrees 33 minutes 26 seconds-East a di§tance of I.60.72.feet; thence South 49 degrees 00 minutes 28 second?Eastadistance-of 320.0&feet; thence South.?degree 59 minutes 43 seconds.East a di s cancer of L4€3.29 feet;thence South 44 degrees 35 minutes 08 seconds West a.distancee of 270.57 feet;.thence deffect to the right a distance of 600.82 feet on a,tangential'curve concave to the north having a-radius of436.11 feet and a:central angle of 78 degrees 56 minutes 09 seconds;thencer North 56 degrees 34 minutes 157 seconds West a distance of 238.26 feet;thence deffeet-to the x left a distance ofA-2&-48 feet on a tangential curve having a radius of 564.30 feet and a:central angle of 43-degrees 05 minutes 58 seconds;.thence North 0 degrees 54 ' mirrutes45 secon s-West a distance of 3`70.63 feet to the point of beginning.