HomeMy WebLinkAboutOrdinance - 21-2007-PUD-9-2007 - Windsor Plaza - 09/13/2007 WINDSOR PLAZA
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 21-2007-PUD-9-2007
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, Commercial Regional Service and Office Zoning Districts and be placed in the
Commercial Regional Service Zoning District 21-2007-PUD-9-2007 (hereinafter "PUD-9-2007-
C-REG-SER").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of September 4, 2007, entered into between Solomon Real
Estate Group, Inc., and the City of Eden Prairie, (hereinafter"Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-9-2007-C-REG-SER, and
are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-9-2007-C-REG-SER is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-9-2007-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-9-2007-C-REG-SER are justified by the design
of the development described therein.
D. PUD-9-2007-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 Rural, Commercial Regional Service and Office Zoning Districts, and placed
in the Commercial Regional Service Zoning District and shall be included hereafter in the
Planned Unit Development PUD-9-2007-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
161h day of January, 2007, 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 4ch day of
September, 2007.
ATTEST:
Ka een A. Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on , 2007.
WINDSOR PLAZA
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 21-2007-PUD-9-2007
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 Flying Cloud
Drive, south of Singletree Lane, and north of Regional Center Drive from the Rural, Commercial
Regional Service and Office Zoning District to the Commercial Regional Service Zoning District
on 4.44 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:
>4t&L rs
Vt5hleen Porta, City Clerk PIVYoung, May
PUBLISHED in the Eden Prairie Sun Current on 14wZ., �3 , 2007.
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
DEVELOPMENT AGREEMENT — Windsor Plaza
Legal Description Before Final Plat
All that part of Lot 16,Auditor's Subdivision Number 335,Hennepin County,Minnesota lying Southerly of a line
which is parallel with and 34.40 feet South of the South line of Registered Land Survey No.369 and its extension
East to the Northwesterly line of U.S.Highway Nos. 169 and 212 and measured along the West line of said Lot 16,
except that part thereof which lies Southeasterly of a line run parallel with and distant 40 feet Northwesterly of Line
1 described below:
Line 1: From a point on the East and West quarter line of Section 14,Township 116 North,Range 22 West
distant 2557.59 feet West of the East quarter corner thereof,thence run Northeasterly at an angle of 45
degrees 57 minutes 00 seconds from said East and West quarter line(measured from East to North)for
359.63 feet to the point of beginning of Line 1 to be described;thence run Southwesterly on the last
described course for 358.44 feet;thence deflect to the left on a tangential curve having a radius of 3819.72
feet and a delta angle of 7 degrees 34 minutes 00 seconds for 504.45 feet and there terminating.
AND
All that part of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 14,Township
116 North,Range 22 West of the 5th Principal Meridian lying northwesterly of State Trunk Highway No. 169 and
212(formerly State Trunk Highway No. 5)as now laid out and traveled,and lying northwesterly of a line drawn
parallel with and 40 feet northwesterly of the below described line:
Commencing at a point on the east and west quarter line of said Section 14 distant 2557.59 feet west of the
east quarter corner thereof;thence northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said
east and west quarter line(measured from east to north) 101.19 feet to the actual point of beginning of the
line to be described;thence southwesterly on the last described course 100 feet;thence deflecting to the left
on a tangential curve having a radius of 3819.72 feet and a delta angle of 07 degrees 34 minutes 00 seconds
for 504.45 feet and there terminating.
AND
Tract A,Registered Land Survey No. 369.
Together with:
All that part of Lot 16,"Auditor's Subdivision No.335,Hennepin County,Minnesota"lying Northerly of a line
which is parallel with and 34.40 feet South of the South line of Registered Land Survey No.369 and its extension
East to the Northwesterly line of U.S.Highways Nos. 169 and 212 and measured along the West line of said Lot 16
and lying Northwesterly of a line run parallel with and distant 40 feet Northwesterly of Line 1 described below:
Line 1:Beginning at a point on the East and West quarter line of Section 14,Township 116 North,Range
22 West,distant 2557.59 feet West of the East Quarter corner thereof;thence run Northeasterly at an angle
of 45 degrees 57 minutes 00 seconds from said East and West quarter line(measured from East to North)
for 600 feet and there terminating,
except that part thereof embraced within Registered Land Survey No. 1473.
Together with:
Lot 17, "Auditor's Subdivision No. 335,Hennepin County,Minnesota",except that part thereof embraced within
Registered Land Survey No. 1473.
Together with:
Parcel 4:Tract B,Registered Land Survey No. 1473.
Together with:
Tract C,Registered Land Survey No. 1449 except that part of said Tract C embraced within Registered Land Survey
No. 1473.
AND
That part of the following described Tract:
Tract D,Registered Land Survey No. 687,Hennepin County,Minnesota,except that part thereof lying
Southwesterly of a line drawn from a point on the West line of said Tract D distant 14.53 feet Northerly from the
Southwest corner thereof to a point on the South line of said Tract D distant 38.97 feet Easterly from the Southwest
corner thereof, which lies Northwesterly of a line run parallel with and distant 33 feet Northwesterly of line 1
described below:
Line 1: From a point on the East and West quarter line of Section 14,Township 116,Range 22,distant
2557.59 feet West of the East quarter corner thereof,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 192.54 feet to
the point of beginning of Line 1 to be described;thence deflect to the right at an angle of 87 degrees 05
minutes 48 seconds for 80.50 feet;thence deflect to the right on a tangential curve having a radius of 60
feet and a delta angle of 91 degrees 30 minutes 00 seconds for 95.82 feet;thence on tangent to said curve
for 74.79 feet;thence deflect to the left on a tangential curve having a radius of 125 feet and a delta angle
of 39 degrees 13 minutes 19 seconds for 85.57 feet;thence on a tangent to said curve for 58.41 feet and
there terminating.
AND
That portion of Eden Road,formerly known as Town Road,lying within the South Half of Section 14,Township
116,Range 22,Hennepin County,Minnesota and lying northeasterly,northerly and northwesterly of the following
described line:
Commencing at the northeast corner of the Southwest Quarter of Section 14,Township 116,Range 22;
thence South 88 degrees 27 minutes 05 seconds West,assumed bearing,along the north line of said
southwest quarter a distance of 138.90 feet to the intersection with the northerly right of way line of
Regional Center Road and the actual point of beginning of the line to be described;thence South 70
degrees 52 minutes 37 seconds East a distance of 20.24 feet;thence southeasterly a distance of 83.53 feet
along a non-tangential curve concave to the southwest having a radius of 454.18,a central angle of 10
degrees 32 minutes 13 seconds and a chord bearing of South 29 degrees 02 minutes 06 seconds;thence
continuing southeasterly a distance of 36.17 feet along a tangential reverse curve concave to the northeast
having a radius of 51.83 feet and a central angle of 39 degrees 59 minutes 09 seconds;thence northeasterly
a distance of 14.44 feet along a tangential compound curve concave to the north having a radius of 15.00
feet and a central angle of 55 degrees 09 minutes and 37 seconds;thence North 41 degrees 02 minutes 26
seconds East tangent to the last described curve a distance of 27.28 feet to the intersection of the easterly
right of way line of Eden Road with the northwesterly right of way of Flying Cloud Drive and there
terminating.
AND
That part of Eden Road(formerly Town Road as shown on the plat of Auditor's Subdivision Number 335),in the
NE1/4 Section 14-T116-R22,Hennepin County,Minnesota,lying southerly of the following described line:
Commencing at the intersection of the south line of Tract C,Registered Land Survey No. 687,Files
of the Registrar of Titles,County of Hennepin,Minnesota and the west line of the East 33 feet of said
Tract C;thence on an assumed bearing of North along said west line,a distance of 56.38 feet to the
actual point of beginning of the line to be described;thence deflecting to the right(as measured from
north to east) 88 degrees 59 minutes 00 seconds a distance of 66.01 feet to a point on the easterly
right of way line of said Eden Road and said line there terminating.
AND
That part of Eden Road(formerly Town Road as shown on Registered Land Survey No. 687),in Tract D,Registered
Land Survey No. 687,Files of the Registrar of Titles,County of Hennepin,Minnesota.
AND
That part of Eden Road, formerly known as Town Road,being that part Tract D,Registered Land Survey No. 687,
Files of Registrar of Titles,County of Hennepin,Minnesota,which lies southeasterly of a line run parallel with and
distant 33 feet northwesterly of Line 1 described below:
Line 1. From a point on the east and west quarter line of Section 14,Township 116 North,Range 22
West,distant 2557.59 feet west of the east quarter corner thereof,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
192.54 feet to the point of beginning of Line 1 to be described;thence deflect to the right at an angle of
87 degrees 05 minutes 48 seconds for 80.50 feet;thence deflect to the right on a tangential curve having
a radius of 60 feet and a delta angle of 91 degrees 30 minutes 00 seconds for 95.82 feet;thence on
tangent to said curve for 74.79 feet;thence deflect to the left on a tangential curve having a radius of 125
feet and a delta angle of 39 degrees 13 minutes 19 seconds for 85.57 feet;thence on tangent to said
curve for 58.41 feet and there terminating;
Legal Description After Final Plat
Lot 1,Block 1 and Outlots A and B,WINDSOR PLAZA,Hennepin County,MN.
City of Eden Prairie
Official Publication
HENNEPIN COUNTY,MINNESOTA
WINDSOR PLAZA
SUMMARY OF ORDINANCE NO.21-2007-PUD-9-2007
AN ORDINANCE OFTHE CITY OF EDEN PRAIRIE,
CERTAIN LAND FROM
newspapers MZONING DpISTTR COT AND PLACING IT INANO HERE
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN
AFFIDAVIT OF PUBLICATION EACH DISTRICT,AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,
AMONG OTHER THINGS,CONTAIN PENALTY
STATE OF MINNESOTA ) PROVISIONS
) Ss. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,
COUNTY OF HENNEPIN ) MINNESOTA,ORDAINS:
Summary: This ordinance allows rezoning of land located
Richard Hendrickson, bein dui sworn on west of Flying Cloud Drive,south of Singletree Lane,and
g y north of Regional Center Drive from the Rural,Commercial
an oath,states or affirms that he is the Chief Regional Service and Office Zoning District to the Com-
mercial Regional Service Zoning District on 4.44 acres. Ex-
Financial hibit A,included with this Ordinance,gives the full legal de-
Eden Prairie Sun-Current scription of this property
and has full knowledge of the facts stated cEffective ation.
Date:This Ordinance shall take effect upon publi-
below:
A e newspaper has com lied with all of Phil Young,Mayor
( )The P Kathleen Porta,City Clerk
the requirements constituting qualifica- PUBLISHED in the Eden Prairie Sun Current on September
tion as a qualified newspaper as provid- 13,2007.
ed by Minn. Stat. §331 A.02, §331 A.07, (A full copy of the text of this Ordinance is available from City
and other applicable laws as amended. Clerk.)
(B)The printed public notice that is attached (Published Sept.13,2007)D4 Ord21-2007
was published in the newspaper once
each week, for —one successive
week(s);it was first published on Thurs-
day,the 13 day of September
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the day of
,2007;and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefg h ijkl m nopq rstuvwxyz
r
BY:
CFO
Subscribed and sworn to or affirmed
before me on this 13 day of
September , 2007.
r
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC—MINNESOTA
MY COMMISSION EXPIRES 1-1-o9
000
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
$ 1.30 per line