HomeMy WebLinkAboutOrdinance - 29-2003-PUD-16-2003 - Costco Wholesale Corporation - 10/21/2003 COSTCO WHOLESALE CORPORATION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 29-2003-PUD-16-2003
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
I-5 Zoning District and be placed in the Planned Unit Development Commercial Regional
Service Zoning District 29-2003-PUD-16-2003 (hereinafter "PUD-16-2003-Commercial
Regional Service").
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of October 21, 2003, entered into between Costco Wholesale
Corporation., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The
Developer's Agreement contains the terms and conditions of PUD-16-2003-Commercial
Regional Service, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-16-2003-Commercial Regional Service is not in conflict with the goals of
the Comprehensive Guide Plan of the City.
B. PUD-16-2003-Commercial Regional Service 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-16-2003-Commercial Regional Service are
justified by the design of the development described therein.
D. PUD-16-2003-Commercial Regional Service 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 5. Contingent upon receipt by the City of a fully-executed and acknowledged
"Costco Developer's Agreement" no later than April 15, 2004, the proposal is hereby adopted
and the land shall be, and hereby is removed from the I-5 Zoning District, and placed in the
Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit
Development PUD-16-2003-Commercial Regional Service 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,
publication and receipt by the City of the Costco Developer's Agreement as set forth in Section 5
above. Publication shall not occur until the City has received the Costco Developer's Agreement.
If the City does not receive the Costco Developer's Agreement as set forth in Section 5 above by
April 15, 2004, the approvals granted herein are null and void.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
5th day of August, 2003, 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 21st day of October,
2003.
ATTEST:
Kathleen Porta, City Clerk 'Man a-L e ayo
PUBLISHED in the Eden Prairie Sun Current on oem�7"
EXHIBIT A
COSTCO WHOLESALE
Legal Description Before Final Plat
That part of the following described parcels:
The West One-half of the east One-half of the Northwest Quarter of the Northwest
Quarter of Section 14, Township 116,Range 22,Hennepin, County,Minnesota.
Together with:
The East One-half of the East One-half of the Northwest Quarter of the Northwest
Quarter of Section 14, Township 116, Range 22, Hennepin County,Minnesota, described
as follows:
Commencing at the northeast corner of said East One-half of the Northwest Quarter of
the Northwest Quarter; thence South 88 degrees 24 minutes 26 seconds West, assumed
bearing along the north line of said East One-half of the Northwest Quarter of the
Northwest Quarter, a distance of 14.50 feet; thence South 00 degrees 36 minutes 38
seconds East, a distance of 119.39 feet to a line 75 feet south of and parallel to a line
described in Document Number 3087392 and to the point of beginning of the land to be
described; thence continuing South 00 degrees 36 minutes 38 seconds East, a distance of
1188.49 feet to the south line of said East One-half of the Northwest Quarter of the
Northwest Quarter; thence South 88 degrees 25 minutes 46 seconds West, along said
south line of the East One-Half of the Northwest Quarter of the Northwest Quarter,
distance of 663.30 feet to the west line of said East One-half of the Northwest Quarter of
the Northwest Quarter; thence North 00 degrees 26 minutes 47 seconds West, along said
west line of the East One-half to the Northwest Quarter of the Northwest Quarter, a
distance of 1195.91 feet to said line 75 feet south of and parallel to a line described in
Document 3087392; thence North 89 degrees 04 minutes 04 seconds east along said line
75 feet south of and parallel to a line described in Document Number 3087392 a distance
of 659.78 feet to the point of beginning.
Legal Description After Final Plat
Lot 1,Block 1, Emerson Process Management Addition,Hennepin County, Minnesota
COSTCO WHOLESALE
CITY OF EDEN PRAIRIE
]HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 29-2003-PUD-16-2003
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 12005 Technology
Drive, from the I-5 Zoning District to Commercial Regional Service Zoning 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:
r
Ka hleen A. Porta, City Clerk yr uk ayor
PUBLISHED in the Eden Prairie Sun Current on o .
(A full copy of the text of this Ordinance is available from City Clerk.)