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Home My WebLink AboutOrdinance - 28-2004-PUD-15-2004 - Best Buy Store - 10/19/2004 BEST BUY STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 28-2004-PUD-15-2004 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 Office Zoning District and be placed in the Planned Unit Development Commercial Regional Service Zoning District 28-2004-PUD-15-2004 (hereinafter "PUD-1 5-2004-C-Reg-Ser"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 19, 2004, entered into between Best Buy, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-1 5-2004-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1 5-2004-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-15-2004-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-C-2004-C-Reg-Ser are justified by the design of the development described therein. D. PUD-15-2004-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. The proposal is hereby adopted and the land shall be, and hereby is removed from the Office Zoning District, and placed in the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development PUD-15-2004- 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 and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of September, 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 19th day of October, 2004. ATTEST: Kathleen Porta, City Cleric anc a- e a or PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — Best Buy Legal Description Before Final Plat Lots 1,2 and 3,Block 1,Leona Addition AND That part of Lots 1 and 2 of Auditor's Subdivision No. 335,lying southwesterly of U.S.Interstate Highway No.494 (per Doc.No.3677302)and southeasterly and easterly of State Highway Nos.212 and 169(per Doc.No.3677302) and(Torrens Doc.No. 888473)more particularly described as: Beginning at the southwest corner of said Lot 1 and running thence on an assumed bearing of East and along the south line thereof a distance of 761.92 feet to its intersection with the southerly boundary of Interstate No.494;thence North 64 degrees 48 minutes 29 seconds West and along said southerly boundary a distance of 65.85 feet;thence continuing along said southerly boundary and along a curve to the left having a chord bearing of North 74 degrees 07 minutes 20 seconds West and a central angle of 20 degrees 19 minutes,and a radius of 2446.48 feet,on an arc distance of 867.50 feet;thence on a tangent to said curve bearing North 84 degrees 16 minutes 50 seconds West and continuing along said southerly boundary,a distance of 124.60 feet;thence South 19 degrees 18 minutes 33 seconds West and along the easterly boundary of Trunk Highway 169 a distance of 236.57 feet;thence South 01 degrees 02 minutes West a distance of 55.17 feet to a point on the south line of Lot 2 of said Auditor's Subdivision No.335,being also the most northwesterly corner of Lot 2 of the plat of LEONA ADDITION;thence east along said south line a distance of 330 feet more or less to the southeast corner of said Lot 2 and the southwest corner of Lot 1 and being the point of beginning,all of which land is situate in Hennepin County,Minnesota. EXCEPT That part of Lot 1,Auditor's Subdivision Number 335,Hennepin County Minnesota,lying Southeasterly, Southwesterly and Westerly of the following described line: Beginning at a point on the South line of said Lot 1, said point being North 90 degrees 00 minutes 00 seconds East,assumed bearing,300.36 feet from the Southwest corner of said Lot 1;thence North 43 degrees 42 minutes 37 seconds East 62.10 feet;thence South 46 degrees 17 minutes 23 seconds East 57.73 feet;thence South 00 degrees 00 minutes 00 seconds East 5.00 feet to a point on the South line of said Lot 1 and said line there terminating. AND EXCEPT That part of Lot 1,AUDITOR'S SUBDIVISION NUMBER 335,Hennepin County,Minnesota,lying Southwesterly of U.S.Interstate Highway Number 494(per Document No.3677302)and lying Easterly of a line described as: Beginning at a point on the South line of said Lot 1,and said point being North 90 degrees 00 minutes 00 seconds East,assumed bearing,300.36 feet from the Southwest corner of said Lot 1;thence North 43 degrees 42 minutes 37 seconds East 193.50 feet to a point on the South line of said Interstate Highway Number 494 and said line there terminating,and also lying Easterly of a line described as: Commencing at a point on the South line of said Lot 1, said point being North 90 degrees 00 minutes 00 seconds East assumed bearing 300.36 feet from the Southwest corner of said Lot 1;thence North 43 degrees 42 minutes 37 seconds East 62.10 feet to the point of beginning of the line to be described;thence South 46 degrees 17 minutes 23 seconds East 57.73 feet;thence South 00 degrees 00 minutes 00 seconds East 5.00 feet to a point on the South line of said Lot 1 and said line there terminating. Legal Description After Final Plat Lot 1,Block 1,Best Buy Second Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 28-2004-PUD-15-2004 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 at 7901 Flying Cloud Drive from the Office Zoning District to the Commercial Regional Service Zoning District on 5.39 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: Kat een Porta, City Clerk <ana- cen,-, M or PUBLISHED in the Eden Prairie Sun Current on ( 1 and . (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 Fi- nancial 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 applic- able 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 28 day of October , 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 acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz BY: FO City of Eden Prairie Subscribed and sworn to or affirmed before me (Official Publication) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA on this 28th day of October ,2004. SUMMARY OF ORDINANCE NO. 28-2004-PUD-15. 2004 BEST BUY AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MDQNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND Notar ublo 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, MARY ANN CARLSON WMCH,AMONG OTHER THINGS,CONTAIN NOTARY PUBLIC—MINNESOTA PENALTY PROVISIONS MY COMMISSION EXPIRES 1-31.09 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary:This ordinance allows rezoning of land located at 7901 Flying Cloud Drive from the Office Zoning District RATE INFORMATION to the Commercial Regional Service Zoning District on 5.39 acres.Exhibit A,included with this Ordinance,gives (1)Lowest classified rate paid by commercial users $ 2.85 per line the full legal description of this property. Effective Date:This Ordinance shall take effect upon pub- for comparable space lication. Nancy Tyra-Lukens,Mayor (2)Maximum rate allowed by law $ 6.20 per line Attest: Kathleen Porta,City Clerk PUBLISHED in the Eden Prairie Sun Current on October (3)Rate actually charged $ 1.30 per line 28,2004. 'A full copy of the text of this Ordinance is available from City Clerk.( (Oct.28,2004Fd9128-2004 Ord Summ