HomeMy WebLinkAboutOrdinance - 26-2008-PUD-13-2008 - Super Valu - 12/25/2008 SUPER VALU
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 26-2008-PUD-13-2008
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 Office Zoning District 26-2008-PUD-13-2008 (hereinafter "PUD-13-2008-OFC).
Section 3. The City Council hereby makes the following findings:
A. PUD-13-2008-OFC is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-13-2008-OFC 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-13-2008-OFC are justified by the design of the
development described therein.
D. PUD-13-2008-OFC 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 4. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of December 16, 2008, entered into between Super Valu, and
the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement
contains the terms and conditions of PUD-13-2008-OFC, and are hereby made a part hereof.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
amended within the Office Zoning District and shall be included hereafter in the Planned Unit
Development 13-2008-OFC, 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
19`'day of August, 2008, 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 161"day of
December,2008.
ATTEST:
Kath t
en Porta, City Clerk P ' Young, Mayor
PUBLISHED in the Eden Prairie News onI�MiAd RS , 2008.
EXHIBIT A
PUD Legal Description — Super Valu
LAND DESCRIPTION(S)
PARCEL A
Part 1: That part of Government Lot 2, including accretions, thereto, Section 11, Township 116,
Range 22, all described as beginning at the Southeast corner of said Government Lot 2; thence
West to the Southwest corner of said Government Lot 2; thence North along the West line of
said Government Lot 2 and its extension to the North line of said Section 11; thence East along
said North line to the shore of Bryant's. Long Lake; thence Southeasterly along said shore to the
North and South quarter line of said Section 11; thence South along said North and South quarter
line to the point of beginning, which lies Easterly of the Easterly right-of-way of U.S. Highway
Number 494, as described in document number 3677302, Office of the Register of Deeds,
Hennepin County, Minnesota, according to the Government Survey thereof; except that part of
said Government Lot 2 lying Easterly and Northeasterly of a line described as commencing at
the Southeast corner of said Government Lot 2, thence North along the East line of said
Government Lot 2, a distance of 1237.61 feet to the actual point of beginning of the line to be
described; thence Northwesterly deflecting to the left 44 degrees 00 minutes 00 seconds a
distance of 378.00 feet; thence Northerly deflecting to right 44 degrees 00 minutes 00 seconds a
distance of 240.0 feet; thence Northeasterly deflecting to the right 36 degrees 30 minutes 00
seconds to the shore of Bryant's Long Lake and there terminating.
The East, West and North boundary lines of the above-described land, except the shore line of
Bryant's Long Lake, have been marked by Judicial Landmarks set pursuant to Torrens Case No.
16744.
Subject to limitation of the right of access to U.S. Highway Number 494 as contained in Book
2604 of Deeds,Page 203, Document No. 3677302.
Subject to a 45-foot wide casement for sanitary sewer purposes in favor of Southwest Sanitary
Sewer District Board over a portion of the above-described Government Lot 2 as contained in
Book 69 of Hennepin County Records,Page 3779764.
Part 2: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 126,
Range 22, which lies Northerly of the Northerly right-of-way of County Road Number 60 and
Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in Document
No. 3677302 and 3723053, Office of the Register of Deeds, Hennepin County, Minnesota,
according to the Government Survey thereof.
The East boundary line of the above-described land has been marked by Judicial Landmarks set
pursuant to Torrens Case No. 16745.
Subject to a snow fence easement in favor of the State of Minnesota as contained in Book 68 of
Hennepin County Records, Page 3723053.
Subject to a limitation of the right of access to U.S. Highway Number 494 as contained in Book
2604 of Deeds, Page 203, Document No. 3677302 and in Book 68 of Hennepin County Records,
Page 3722053.
PARCEL B
Part 1: Government Lot 3 and the accretions thereto, Section 11, Township 116, Range 22, all
described as beginning at the Southwest corner of said Government Lot 3; thence East along the
South line of said Government Lot 3 and its extension to a point 525 feet West from the East
Quarter corner of said Section 11; thence Northwesterly, deflecting to the left 109 degrees, to the
shore of Bryant's Long Lake; thence Northwesterly along the shore of said lake to its
intersection with the Northerly extension of the West line of said Government Lot 3; thence
South to the point of beginning, the Easterly boundary line of the above-described Government
Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens
Case No. 16893 and the West boundary line of the above-described Government Lot 3 and
accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No.
16744.
Part 2: That part of the Northwest Quarter of the Southeast Quarter of Section 11, Township
116, Range 22 lying Northerly of the center line of County Road No. 60.
Part 3: That part of the Government Lot 4 and the accretions thereto, Section 11, Township 116,
Range 22 lying Northerly of the center line of County Road No. 60 and Westerly of a line drawn
parallel with and distant 600 feet West measured at right angles from the East line of said
Government Lot 4, except that part thereof lying Southerly and Easterly of the following
described line: Commencing at the Northeast corner of the above-described part of Government
Lot 4; thence on an assumed bearing of South 00 degrees 10 minutes 58 seconds East along the
East line thereof a distance of 407.00 feet to the point of beginning of the line to be described;
thence North 63 degrees 26 minutes 06 seconds West, a distance of 658.22 feet; thence South 25
degrees 10 minutes 56 seconds West, a distance of 301.17 feet to the center line of said County
Road No. 60, and said line there terminating; according to the Government Survey thereof.
The West boundary line of the above-described part of the Northwest Quarter of the Southeast
Quarter has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16745.
Subject of the rights of the State of Minnesota in its sovereign capacity in the lands herein which
lie between the natural ordinary low watermark and natural ordinary high watermark of Bryant's
Long Lake (as to parts 1, 2 and 3).
Total Area of Parcels A and B = 5,899,069 + square feet or 132.42 + acres.
SUPER VALU
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 26-2008-PUD-13-2008
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 11840
Valley View Road within the Office 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:
140A14e') �L[JLJ—
Katf leen Porta, City Clerk Whil Young,May
PUBLISHED in the Eden Prairie News on �#UMIAJ =1 , 2008.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
State of Minnesota }
}SS.
County of Hennepin }
CITY N EDEN PRAIRIE Mark Weber,being duly sworn,on oath says that he is the authorized agent of the publisher of
HENNEPIN COUNTY, g Y Y g
MINNESOTA the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
SUPER VALU as follows:
SUMMARY OF ORDINANCE NO.
26-2006-PUD-13-2DO8 . (A)This newspaper has complied with the requirements constituting qualification as a legal
ANORMNANC$OFTHECITY newspaper,as provided by Minnesota Statute 331AA2,331A.07,and other applicable laws,as
OF EDEN PRAIRIE,MDMSOTA, amended.
jAMENDING THE ZONING OF
CERTAIN LAND WITHIN ONE (B)The printed public notice that is attached to this Affidavit and identified as No.—?,7.3/
DISTRICT, AND ADOPTING BY was published on the date or dates and in the newspaper stated in the attached Notice and said
REFERENCE CITY CODE Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
CHAPTER 1 AND SECTION TONGS,
the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
CONTAIN
WHICH,AMONGOTHER THINGS, inclusive,and is here acknowledged as being the kind and size of used in the composition
CONTAIN PENALTY by $ S type 1�
PROVISIONS and publication of the Notice:
THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, abcdefghOklnmopgrstuvwxyz
MINNESOTA, ORDAINS:.
Summary: This ordinance
allows amendment of the zoning of
land located at nuo Valley View BY
Road within the Office Zoning Mark Weber
District. Exhibit A.included with
this Ordinance,gives the full legal
description of this property.
EffectiveDate:- ThisOrdinance Subscribed and sworn before me on
shalt take effect upon publication.
Phil Young,Mayor
ATTEST: Kathleen Porta,City
Clerk this f�day of Zlcc_,.r,16 c ,2008
(A full copy of the text of this
Ordinance is available trom City
Clerk.)
(PubiishedintheEdenPrairieNews JYMME J-BARK
No $Thu}may, December' 25, �B; � .} NOTARY PUBLIC-MINNESOTA
My Commission Expires 01/31112013
Not blic -s
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$40.00 per column inch
Maximum rate allowed by law for the above matter................................$40.00 per column inch
Rate actually charged for the above matter...............................................$12.19 per column inch