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Home My WebLink AboutOrdinance - 5-98-PUD-3-98 - Best Buy Concept Plan - 1997 - 09/02/1997 BEST BUY CAMPUS CONCEPT PLAN- 1997 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 5-98-PUD-3-98 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 I-2 Zoning District 5-98-PUD-3-98 (hereinafter"PUD-3-98-I-2"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 17, 1998, entered into between Best Buy Co., Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-3-98-I-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-3-98-I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-984-2 designed in such a manner to form a desirable and unified environment within its own boundaries. r C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-3-98-I-2 are justified by the design of the development described-therein. D. PUD-3-98-I-2 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-3-98-I-2 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 2nd day of September, 1997,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 March, 1998. ATTEST: dl6li—� John D.Fra rty lerk jeagnAL. Harris, Mayor PUBLISHED in the Eden Prairie News on EXHIBIT A Best Buy Campus Concept Plan - 1997 Legal Description: PUD District Review, Zoning District Change, and Site Plan Review(Phase 2 parking) That' part_ of the Sou6iravt_Quarter.-of, the Southw'evt .Q' arter waf ;.Sectioct f,. To rriship r� 116 North, ' Range: 22":West. of •tbe.5th�-,Principal_::Meridian'::described:-as�€(limn- --- - Commenciri of the .souttieas{-.Ionian:_of saidl"Soutliea_st::Quartp:: f`the'Seutttrest ` 9 . Quarter;. thence'.on an "assumed. bearing of .North'86--deg -_r'ninutes: t seconds West; along' the=socrtn`.lineof=said-`.Soixtheas>::QdQtter Quarter; a distance' of..'782.82--feetr,-.o'the: point-.of beginning Hof the Iisn _:lot be described- thence tyorth-- 1-._degree -44..minutes.- 19._seconds:_East;-a•-.-aistance:7cf 312.80 feet; thence" north esteriy� a, distance`dot ,204.5&".feet: alarig a dnaP Cj_. %'__`_- curve 'concave-to..the Soawest having-.,a=ra"dius :of'-188_DO :teat ;and co it raL .: angle'-of '62. degrpes._-20 rriinutes;,39=.secflrids;_ "thence-196 'th-<:Sl =degtrees=�:3f:-= __ minutes:' 24 secorias:-West' tarzg�nt ta_scid-.curve=q;:"distanca-_of_24Q.38 �eQ ,to -the - Veosterfy. ria_ht=af- aye:l4ns .Q ' U: 'r:Hignway;No Zt2 as<raesciaesfii=Decuinerit'=sia_ 143069: hencs: sou i;arly. :along mod. ecs r.?ria�t=of via =fi::ner o six s�cttt� fine; thencd:South 86`aegeees— c i s='3.� riiitiiite ;Ecist; along sad south line; a" distarics: of_307_ -= ":f =,;ta `the char`of`r✓eGi PL;D Concept Amendment, Preliminary Plat �crce� I Tne South "cif of the Southecst Quarter of the Souu west Quc per; Parcel 2: That part of the North Half of the Southeast Quar er of the Southwest Quarter described as' beginning at a point on the South line thereof 341.5 feet West of the Southeast corner thereof; thence `Nest along said South line 747.5 f ec', to the Easterly fine of U.S. Highway No. 169-212; thence Northerly along the Ecsteriy line of said Highway 118.3 fact; thence Southeaster; to the point of beginning; all !n Section 1 , Township ` 16, Range 22, cccording to the Government Survey thereof. Parcel 3: '.:.ot 1 , clock 1, and Outlot A, LEE DATA, according to the plat thereof on riie crid of record in the office of the Reg"sstrcr of Titles in and for hennepin County, Minnesota; together with an easement for roadway purposes es evidenced by Document No. 1518657. parcel 4: That part of Lot 1, Block 1, S.;ADY OAK INIDUS i,lAL PARK FIFTH AM i fON, according to the recorded plot thereof which lies westerly of e -lire drexn northerly at a right angle to the northerly fine of the recorded plot of LEE DATA from a point on scid northerly line distcnt 160.00 *est westerly from the northeast corner of scid plat of LEE DAT,4. Bartel 5: That par. of 'Nest 7 0th Stree es dedice ted on It e recorded plat of LEc DATA and . now to be vacated which lies ecsterly of the northerly extension of the easterly right—of—way line of Flying Cloud Drive as dedicated in said plat and lying westerly of a line drawn southerly at a right Ingle to the northerly line of said plat frorn c point on said northerly line distant 160.00 feet westerly from the northecst corner of said plot BEST BUY CAMPUS CONCEPT PLAN- 1997 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 5-98-PUD-3-98 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA, 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,NIINNESOTA, ORDAINS: S mu am i : This ordinance allows rezoning of land located at 7075 Flying Cloud Drive from Rural to I-2 on 3.5 acres. Exhibit A, included with this Ordinance, gives the fall legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/lean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Best Buy Campus Concept- 1997 Zoning change from Rural to I-2 Area to be rezoned to industrial (1-2) That part of the Southeast Quarter of the Southwest Quarter of Section 1 , Township 116 North, Range 22 West of the 5th Principal Meridian described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence on an assumed bearing of North 86 degrees 55 minutes 33 seconds West, along the south line of sold Southeast Quarter of the Southwest Quarter, a distance of 782.82 feet, to the point of beginning of the land to be described; thence North 1 degree 44 minutes 19 seconds East a distance of 312.60 feet; thence northwesterly a distance of 204.56 feet along a tangential curve concave to the Southwest having a radius of 188.00 feet and a central angle of 62 degrees 20 minutes 39 seconds; thence North 60 degrees 36 minutes 20 seconds West tangent to said curve a distance of 200.38 feet, to the easterly right—of—way line of U.S. Highway No. 212 as described in Document No. 1430893; thence southerly, along said easterly right—of—way line, to sold south line; thence South 86 degrees 55 seconds 33 minutes East, along said south line, a distance of 307.44 feet, to the point of beginning. Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) BEST BUY CAMPUS CONCEPT PLAN-1997 CITY OF EDEN PRAIRIE Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of HENNEPIN COUNTY, M WNESOTA the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated SUMMARY OF ORDINANCE NO. as follows: 5-98-PUD-3-98 AN ORDINANCE OF THE CITY (A)This newspaper has complied with the requirements constituting qualification as a legal OF EDEN PRAIRIE, MINNESOTA, newspaper,as provided by Minnesota Statute 331A.02,331A-07,and other applicable laws,as REMOVING CERTAIN LAND FROM amended. ONE ZONING DISTRICT AND PLAC- ING IT IN ANOTHER, AMENDING (B)The printed public notice that is attached to this Affidavit and identified as No. , THE LEGAL DESCRIPTIONS OF was published on the date or dates and in the newspaper stated in the attached Notice and said LAND IN EACH DISTRICT, AND Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of ADOPTING BY REFERENCE CITY the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both CODE CHAPTER 1 AND SECTION inclusive,and is hereby acknowledged as being the kind and s' f type used in the composition 11.99, WHICH, AMONG OTHER and publication of the Notice: THINGS,CONTAIN PENALTY PRO- VISIONS abcdefghijkhnnopgrstu THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- SOTA,ORDAINS: Summary: This ordinance allows re- By' zoning of land located at 7075 Flying S Ro d,General Manag Cloud Drive fromRuralto I-2on3.5 acres. or his designated agent Exhibit A,included with this Ordinance, gives the fulllegaldescriptionofthispmp- Subscribed and sworn before me on erty. Effective Date: This Ordinance shall take effect upon publication. -77 ATTEST: this a�� day of !/1�- 1998 ci /s/John D.Frane (,{�1EN ti. RADUE�fZ City Clerk NOTARY rU?UrG- M1tRtt=SOTA /s/JeanL.Harris MY co:s.'1SS1 :EKPMES 1-31-00 Mayor (A full copy of the text of this Ordinance is available from City Clerk.) ExhibitA Notary Public OK Spa&Salon Legal.Description Lot 1,Block 1,Minnesota Tree Fourth Addition (Published in the Eden Prairie News on Thursday,March 26, 1998;No.9247) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$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.................................................$8.37 per column inch