HomeMy WebLinkAboutOrdinance - 15-2004-PUD-10-2004 - Eden Prairie Transfer Station (BFI) - 06/15/2004 EDEN PRAIRIE TRANSFER STATION(BFI)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 15-2004-PUD-10-2004
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT,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 amended within
the I-2 Zoning District 15-2004-PUD-10-2004 (hereinafter"PUD-10-2004-I-2).
Section 3. The City Council hereby makes the following findings:
A. PUD-10-2004-I-2 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-10_-2004-I-2 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-10_-2004-I-2 are justified by the design of the
development described therein.
D. PUD-10-2004-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 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of June 15, 2004, entered into between BFI WASTE
SYSTEMS OF NORTH AMERICA,INC., a Delaware corporation, and the City of Eden
Prairie, (hereinafter"Development Agreement"). The Developement Agreement contains the
terms and conditions of PUD-10-2004-I-2, and are hereby made a part hereof.
Section 4. The proposal is hereby adopted and the land shall be, and hereby is
amended within the I-2 District and shall be included hereafter in the Planned Unit Development
10-2004-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 5. 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 6. 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
4th day of May, 2004, 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 15th day of June,
2004.
ATTEST:
K leen Porta, City Clerk N cy a-10e or
PUBLISHED in the Eden Prairie Sun Current on uw d 4
EXHIBIT A
PUD Legal Description — Eden Prairie Transfer Station (BFI)
Those parts of the following described properties:
That part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 116,Range
22, Hennepin County, Minnesota, which lies southerly of the southeasterly right of way line of
U.S. Highway No. 169.
And
That part of the Northeast Quarter of the Southeast Quarter of said Section 27 which lies
southerly of said southeasterly right of way line of U.S. Highway 169.
And
That part of the Northwest Quarter of the Southeast Quarter of said Section 27 lying south of the
north 3/16 of said Southeast Quarter which lies westerly of a line described as beginning at a
point on the south line of said Northwest Quarter of the Southeast Quarter distant 676.5 feet east
of the southwest corner of said Northwest Quarter of the Southeast Quarter; thence northerly to a
point on the north line of the Northeast Quarter of said Section 27 distant 280.50 feet east of the
northwest corner of said Northeast Quarter of Section 27 and said line there terminating.
And
The Southwest Quarter of the Southeast Quarter of said Section 27.
Lying easterly and southerly of a line described as commencing at the Southwest corner of said
Southwest Quarter of Section 27; thence northerly, along the west line of said Southwest Quarter
of Section 27, a distance of 471.1 feet; thence northeasterly deflecting to the right 87 degrees 06
minutes 00 seconds a distance of 508.20 feet; thence northeasterly a distance of 561.80 feet
along a tangential curve concave to the northwest having a radius of 1432.70 feet; thence
southeasterly; radial to said curve, a distance of 60.00 feet; thence northeasterly a distance of
210.00 feet, along a curve concentric with said curve; thence southeasterly, radial to said curve, a
distance of 172.00 feet; thence easterly deflecting to the left 52 degrees 10 minutes 00 seconds a
distance of 347.00 feet to a point hereinafter referred to as "Point X"; thence southerly deflecting
to the right 90 degrees 00 minutes 00 seconds a distance of 240.00 feet to a point hereinafter
referred to as "Point Y"; thence westerly deflecting to the right 90 degrees 00 minutes 00
seconds to the west line of said Southeast Quarter of the Southwest Quarter of Section 27, being
the point of beginning of the line to be described; thence Returning, along the last described
course, to said "Point Y"; thence northerly to said "Point X"; thence northwesterly deflecting to
the left 21 degrees 16 minutes 00 seconds a distance of 442.5, more or less, to said southeasterly
right of way line of U.S. Highway No. 169; thence northeasterly, along said southeasterly right
of way line of U.S. Highway No. 169, a distance of 944.23 feet to a line hereinafter described as
"Line A"; thence southeasterly, along said "Line A", to a line hereinafter described as "Line B";
thence northeasterly, easterly, southeasterly, along said "Line B", to the south line of said north
3/16 of the Southeast Quarter of Section 27 and aid line there terminating.
"Line A"is described as commencing at a point on the south line of the Northwest Quarter of the
Southeast Quarter of said Section 27 distant 676.50 feet east of the southwest corner of said
Northwest Quarter of the Southeast Quarter of Section 27; thence northerly a distance of 1537.79
feet, more or less, along a line which, if extended, would intersect the north line of the Northeast
Quarter of said Section 27 at a point 280.50 feet east of the northwest corner of said Northeast
Quarter of Section 27, to said centerline of U.S. Highway Number 169 as laid out and traveled;
thence South 41 degrees 10 minutes 00 seconds West, assumed bearing, along said centerline of
U.S. Highway No. 169 as laid out and traveled, a distance of 1588.20 feet to the point of
beginning said "Line A"; thence South 55 degrees 14 minutes 00 seconds East a distance of
457.41 feet; thence South 64 degrees 25 minutes 00 seconds East a distance of 156.37; thence
South 51 degrees 54 minutes 00 seconds East a distance of 582.00 feet; thence North 26 degrees
39 minutes 00 seconds East a distance of 386.06 feet; thence easterly to the point of
commencement and said"Line A"there terminating.
"Line B" is described as commencing at the southeast corner of said Southeast Quarter of the
Southwest Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, assumed
bearing, along the south line of said Southeast Quarter of the Southwest quarter, a distance of
104.56 feet to the point of beginning of"Line B" to be described; thence North 17 degrees 49
minutes 47 seconds West a distance of 179.81 feet to the hereinafter described "Line C"; thence
North 28 degrees 55 minutes 39 seconds East, along said "Line C", a distance of 110.07 feet to
an angle point in said"Line C"; thence North 61 degrees 04 minutes 21 seconds West, along said
"Line C", a distance of 91.16 feet; thence North 10 degrees 47 minutes 28 seconds West a
distance of 70.92 feet; thence North 2 degrees 30 minutes 53 seconds East a distance of 365.59
feet; thence North 24 degrees 38 minutes 16 seconds East a distance of 225.88 feet to the point
of beginning of said"Line B"; thence North 32 degrees 27 minutes 49 seconds East a distance of
532.21 feet; thence North 78 degrees 54 minutes 10 seconds East a distance of 41.35 feet; thence
South 54 degrees 39 minutes 30 seconds East a distance of 221.02 feet; thence North 62 degrees
20 minutes 47 seconds East a distance of 29.14 feet; thence North 0 degrees 20 minutes 57
seconds West a distance of 860.92 feet to the south line of said north 3/16 of the Southeast
Quarter of Section of Section 27 and said"Line B"there terminating.
"Line C" is described as commencing at said southeast corner of the Southeast Quarter of the
Southwest Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, along
said south line of the Southeast Quarter of the Southwest Quarter, a distance of 222.13 feet;
thence North 0 degrees 20 minutes 03 seconds West a distance of 58.14 feet to the point of
beginning of"Line C" to be described; thence North 28 degrees 55 minute 39 seconds East a
distance of 240.00 feet; thence North 61 degrees 04 minutes 21 seconds West a distance of
317.62 feet and said"Line C"there terminating.
And
That part of Section 27, Township 116, Range 22 West of the 5t"Principal Meridian described as
follows: Commencing at A point in the East line of the West 5/8 of the North %2 of the Southeast
Quarter distance 495 feet South from the Northeast corner of said West 5/8 of the North %2 of the
Southeast Quarter; thence South to the Southeast corner of said West 5/8 of the North %2 of the
Southeast Quarter; thence West to a point on the South line of said West 5/8 of the North %2 of
the Southeast Quarter 676.50 feet East of the Southwest corner of said West 5/8 of the North '/2
of the Southeast Quarter; thence Northerly to an intersection with a line parallel with and 495
feet South from the North line of the Southeast Quarter along a line which if extended would
intersect the North line of the Northeast Quarter distance 280.50 feet East from the Northwest
corner thereof; thence East to the point of beginning.
And
The East Three-Quarters (E 3/4) of the South Half(S 1/2) of the Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) of Section 27, Township 116 North, Range 22 West, according to
the United States Government Survey thereof.
And
The Southeast Quarter of the Southeast Quarter of Section 27, Township 116,Range 22.
And
That part of Government Lot 1, Section 34, Township 116, Range 22, Hennepin County,
Minnesota, lying northeasterly of a line drawn from a point on the north line of said Government
Lot 1, distance 100.00 feet westerly of the northeast corner of said Government Lot 1 to a point
on the east line of said Government Lot 1, distant 50.00 feet southerly of said northeast corner of
Government Lot 1.
EDEN PRAIRIE TRANSFER STATION(BFI)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 15-2004-PUD-10-2004
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,
AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at
south of Pioneer Trail and east of Highway 212,within the I-2 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:
Kath een Porta, City Clerk a uk s,Mayor
PUBLISHED in the Eden Prairie Sun Current on the a '
(A full copy of the text of this Ordinance is available from City Clerk.)
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief
Financial Officer of the newspaper known as Sun-Current and
has full knowledge of the facts stated below:
(A)The newspaper has complied with all of the requirements constituting qualification as
a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other
applicable laws, as amended. City of Eden Prairie
(Official Publication)
B The rented public notice that is attached was published in the newspaper once each CEPINCOITY OF COUNTYEN,
NE
RIE
( ) P � P PHENNEPIN COIINTY,MINNESOTA
EDEN PRAIRIE TRANSFER STATION(BFI)
week,for one successive week(s);it was first published on Thursday,the 24 day SUMMARY OF ORDINANCE NO.15-2004-PUD-10-
2004
Of June , 2004, and was thereafter printed and published on every Thursday AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,
MINNESOTA,AMENDING THE ZONING OF CER'
to and including Thursday, the day of , 2004;and printed below TAM LAND WITHIN ONE DISTRICT,AND ADOPT-
ING BY REFERENCE CITY CODE CHAPTER 1 AND
is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby CONT�P NALTYYPROVISIONSPRR���
acknowledged as being the size and kind of type used in the composition and publica- THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE,MINNESOTA,ORDAINS:
tion of the notice: Summary: This ordinance allows amendment of the zon-
ing of land located at south of Pioneer Trail and east of
abcdefghijklmnopgrstuvwxyz Highway 212,within the I-2 Zoning District. Exhibit A,
included with this Ordinance,gives the full legal descrip-
tion of this property.
Effective Date:This Ordinance shall take effect upon pub-
lication.
BY: Nancy Tyra-Lukens,Mayor
CFO ATTEST: Kathleen Ports,City Clerk
PUBLISHED in the Eden Prairie Suit Current on June 24,
2004.
to full copy of the text of this Ordinance is available from
City Clerk.)
Subscribed and sworn to or affirmed before me (June 24,20041 d4/15-2004 Summary
on this 24th day of June ,2004.
i�
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC—MINNESOTA
MY COMMISSION EXPIRES 1-31.09
loop
RATE INFORMATION
(1)Lowest classified rate paid by commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.40 per line