HomeMy WebLinkAboutOrdinance - 18-2004 - Fountain Place Retail - 07/20/2004 FOUNTAIN PLACE RETAIL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 18-2004-PUD-11-2004
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 Zoning District and be placed in the Planned Unit Development Commercial Regional
Service Zoning District 18-2004-PUD-11-2004 (hereinafter"PUD-11-2004-C-Reg-Ser").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of July 20, 2004, entered into between NAP Fountain Place
LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development
Agreement contains the terms and conditions of PUD-11-2004-C-Reg-Ser, and are hereby made
a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-11-2004-C-Reg-Ser is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-11-2004-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-11-2004-C-Reg-Ser are justified by the design of
the development described therein.
D. PUD-11-2004-C-Reg-Ser 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 and acceptance by the City Attorney no later than
September 1, 2004 of a pro-forma title insurance commitment or"marked up title commitment"
(hereinafter referred to as the"Title Evidence") executed on behalf of Commonwealth Land Title
Insurance Company evidencing current fee title ownership of the land in NAP Fountain Place,
LLC,the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural
Zoning District, and placed in the Commercial Regional Service Zoning District and shall be
included hereafter in the Planned Unit Development PUD-11-2004-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,
publication and receipt by the City Attorney of the Title Evidence required in Section 5 above.
Publication shall not occur until the City Attorney has received and accepted the Title Evidence.
If the City Attorney does not receive the Title Evidence as set forth in Section 5 above by
September 1, 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
18th 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 20th day of July,
2004.
ATTEST:
LO
Kath een Porta, City Clerk a cy a- ens, or
PUBLISHED in the Eden Prairie Sun Current on a??
FOUNTAIN PLACE RETAIL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 18-2004-PUD-11-2004
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 west of T.H. 212, east of
Columbine Road, south and east of Castlemoor Drive, from the Rural Zoning District to the
Commercial Regional Service Zoning District on 12.8 acres. Exhibit A. included with this
Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
K leen Porta, City Clerk a c�Y - ns,t a dr
PUBLISHED in the Eden Prairie Sun Current on
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
Legal Description — Fountain Place Retail
Zoning District Change
Parcel 1:
That part of the Westerly 160.31 feet measured along the North line thereof of that part of the
Southwest Quarter of the Southwest Quarter of Section 14, Township 116, Range 22
described as follows: Commencing at the Northeast corner of said Southwest Quarter of the
Southwest Quarter; thence South along the East line of said Southwest Quarter of the
Southwest quarter a distance of 396.6 feet to the Northerly right-of-way line of State
Highway Numbers 212 and 169; thence Southwesterly along said right-of-way line a distance
of 337.5 feet; thence North and parallel with the East line of said Southwest Quarter of the
Southwest Quarter a distance of 605 feet to the North line of said Southwest Quarter of the
Southwest Quarter; thence East along said North line 260 feet to point of commencement;
Which lies Northwesterly of a line run parallel with and distant 25 feet Northwesterly of Line
1 described below:
Line 1:
Beginning at a point on the East and West Quarter line of said Section 14, distant
2,557.59 feet West of the East Quarter corner thereof; thence run Southwesterly at an
angle of 45 degrees 57 minutes 00 seconds from said East and West Quarter line
(measured from West to South) for 251.40 feet;thence deflect to the left at an angle of 07
degrees 34 minutes 00 seconds for 1,463.47 feet; thence deflect to the right at an angle of
14 degrees 28 minutes 44 seconds for 1,127.85 feet and there terminating;
Except that part thereof which lies Southerly of a line run parallel with and distant 75 feet
Northwesterly of Line 2 described below:
Line 2:
Beginning at a point on the South line of said Section 14, distant 222.91 feet East of the
Southwest corner thereof; thence run Northeasterly at an angle of 36 degrees 50 minutes
54 seconds from said South section line (measured from East to North) for 1,419.89 feet
and there terminating.
Also, except that part of the herein before described tract adjoining and northerly of the
above described strip,which lies Southeasterly of the following described line:
From a point on Line 2 described above, distant 115 feet Southwesterly of its point of
termination,run Northwesterly at right angles to said Line 2 for 75 feet to the point of
beginning of the line to be described;thence run Westerly to a point distant 110 feet
Northwesterly(measured at right angles) of a point on said Line 2, distant 200 feet
Southwesterly of its point of termination; thence run Southwesterly parallel with said Line 2
for 100 feet and there terminating.
Parcel 2:
That part of the Southwest Quarter of the Southwest Quarter of Section 14, Township 116,
Range 22, lying Westerly and Northwesterly of the following described line: Commencing
at the intersection of the South line of said Quarter Quarter with the Northwesterly right-of-
way line of former State Highway No. 5, now State Highway No. 169; thence Northeasterly
along said Northwesterly right-of-way line to a point distance 452 feet East(as measured at
right angles) of the West line of said Southwest Quarter of the Southwest Quarter; thence
Northwesterly at right angles to said right-of-way, 108.90 feet; thence Northeasterly at right
angles a distance of 200 feet; thence Southeasterly at right angles 108.90 feet to said right-of-
way line;thence Northeasterly along said Northwesterly highway line to a point thereon,
distant 260 feet West at right angles from the East line of said Southwest Quarter of the
Southwest Quarter; thence North to a point on the North line of said Southwest Quarter of the
Southwest Quarter distant 260 feet west of the Northeast corner thereof; and said line there
terminating.
Except that part thereof which lies Southeasterly of a line run parallel with and distant 25 feet
Northwesterly of Line 1 described below:
Line 1:
Beginning at a point from the East and West Quarter line of said Section 14, distant
2,557.59 feet West of the East Quarter corner thereof; thence run Southwesterly at an
angle of 45 degrees 57 minutes 00 seconds from said East and West Quarter line
(measured from West to South) for 251.40 feet; thence deflect to the left at an angle of 07
degrees 34 minutes 00 seconds for 1,463.47 feet; thence deflect to the right at an angle of
14 degrees 28 minutes 44 seconds for 1,447.85 feet and there terminating;
Also excepting that part which lies southeasterly of a line run parallel with and distant 110
feet northwesterly of Line 1 described below:
Line 1:
From a point on the north line of Section 23, Township 116,Range 22, distant 222.91
feet east of the northwest corner thereof,run southwesterly at an angle of 36 degrees 50
minutes 54 seconds from said north section line(measured from west to south) for
302.52 feet; thence deflect to the left at an angle of 52 degrees 40 minutes 40 seconds
for 730.35 feet to the point of beginning of the Line 1 to be described; thence run
northerly on the last described course for 100 feet; thence deflect to the right on a
tangential curve having a radius of 1,273.24 feet and a delta angle of 52 degrees 40
minutes 40 seconds for 1,170.62 feet; thence on tangent to said curve for 1,092.06 feet
and there terminating.
And also excepting that part thereof embraced within the plat of FOUNTAIN PLACE
APARTMENTS, according to the recorded plat thereof,Hennepin County,Minnesota.
And also excepting that part thereof lying southwesterly of Fountain Place and southeasterly
of Columbine Road, said right-of-ways as dedicated on the plat of FOUNTAIN PLACE
APARTMENTS, according to the recorded plat thereof,Hennepin County, Minnesota.
That part of the following described tracts:
Tract 1: That part of the Southeast Quarter of the Southwest Quarter of Section 14,
Township 116,Range 22, lying northerly and westerly of State Highway.No. 169
and No. 212, except that part thereof embraced within REGISTERED LAND
SURVEY NO. 423.
Tract 2: That part of the Southwest Quarter of the Southwest Quarter of Section 14,
Township 116,Range 22, described as follows: Commencing at the northeast
corner of said Southwest Quarter of the Southwest Quarter; thence South along the
east line of said Southwest Quarter of the Southwest Quarter a distance of 396.6
feet to the northerly right-of-way line of State Highway No. 212 and 169; thence
southwesterly along said right-of-way line a distance of 337.5 feet; thence North
and parallel with the east line of said Southwest Quarter of the Southwest Quarter
a distance of 605 feet to the north line of said Southwest Quarter of the Southwest
Quarter; thence East along said north line 260 feet to the point of commencement,
except the westerly 160.31 feet measured along the north line thereof,
Which line northwesterly of a line run parallel with and distant 25 feet northwesterly of Line
1 described below:
Line 1: Beginning at a point on the east and west quarter line of said Section 14, distant
2,557.59 feet west of the east quarter corner thereof; thence run southwesterly at an
angle of 45 degrees 57 minutes 00 seconds from said east and west quarter line
(measured from west to south) for 251.40 feet; thence deflect to the left at an angle
of 07 degrees 34 minutes 00 seconds for 1,463.47 feet; thence deflect to the right at
an angle of 14 degrees 28 minutes 44 seconds for 1,027.85 feet and there
terminating.
Except that part of Tracts 1 and 2 hereinbefore described adjoining and northwesterly of the
above described line which lies southeasterly of the following described line: From a point
on Line 1 described above, distant 400 feet northeasterly of its point of termination,run
northwesterly at right angles to said Line 1 for 25 feet to the point of beginning of the line to
be described; thence run northeasterly to a point distant 30 feet northwesterly(measured at
right angles) of a point on said Line 1, distant 500 feet northeasterly of its point of
termination; thence run northeasterly parallel with said Line 1 for 300 feet and there
terminating.
Tracts A, B, and C,REGISTERED LAND SURVEY NO. 423.
......
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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.
(B)The printed public notice that is attached was published in the newspaper once each
week,for one successive week(s);it was first published on Thursday,the 29 day
of July , 2004,and was thereafter printed and published on every Thursday
to and including Thursday,the day of ,2004;and printed below
is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publica-
tion of the notice:
abcdefgh&lmnopgrstuvwxyz
BY:
CFO
City of Eden Prairie
Subscribed and sworn to or affirmed before me (official Publication)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
on this 29th day of July ,2004. FOUNTAIN PLACE RETAIL
SUMMARY OF
ORDINANCE NO. 18.20N.PUD-11.2004
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,
Aw"ev/Z/ZL—6e"�_ MINNESOTA,REMOVING CERTAIN LAND FROM
Notaryub ONE ZONING DISTRICT AND PLACING IT IN AN-
OTHER,OTHER,AMENDING THE LEGAL DESCRIPTIONS
OF LAND IN EACH DISTRICT,AND ADOPTING RY
REFERENCE CITY CODE CHAPTER 1 AND SEC.
TION 11.99,WHICH,AMONG OTHER THINGS,
MARY ANN CARLSON CONTAIN PENALTY PROVISIONS
NOTARY PUBLIC—MI A THE CITY COUNCIL OF THE CITY OF EDEN
MY COMMISSION EXPIRES ES 1-31 1310o PRAIRIE,MINNESOTA,ORDAINS:
5UMUIM:This ordinance allows rezoning of land located
west of T.H.212,east of Columbine Road,south and east
RATE INFORMATION of Castlemoor Drive,from the Rural Zoning District to the
Commercial Regional Service Zoning District on 12.8
acres. Exhibit A,included with this Ordinance,gives the
(1)Lowest classified rate paid by commercial users $ 2.85 per line full legal description ofthis property.
for comparable space EPfec» Da P:This Ordinance shall take effect upon pub-
lication.
(2)Maximum rate allowed by law $ 6.20 per line Nancy Tyra-Lukens,Mayor
Attest: Kathleen Porta,City Clerk
(3) Rate actually charged $ 1.40perline PUBLISHED in the Eden Prairie Sun Current on July22,
2004.
IA full copy of the text of this Ordinance is available from
City Clerk.)
f July 29,2004)d4118-2004 Summary