HomeMy WebLinkAboutOrdinance - 12-2012-PUD-7-2012 - Republic Compressed Natural Gas - 06/14/2012 REPUBLIC COMPRESSED NATURAL GAS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 12-2012-PUD-7-2012
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 12-2012-PUD-7-2012 (hereinafter "PUD-7-2012-1-2).
Section 3. The City Council hereby makes the following findings:
A. PUD-7-2012-I-2 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-7-2012-1-2 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-7-2012-1-2 are justified by the design of the development
described therein.
D. PUD-7-2012-1-2 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 4. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of June 5, 2012, entered into between Woodlake Sanitary
Services, Inc. and the City of Eden Prairie, (hereinafter"Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-7-2012-1-2, 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 1-2 Zoning District and shall be included hereafter in the Planned Unit
Development 7-2012-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 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
21 S' day of February 2012, 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 5`h day of June,
2012.
ATTEST:
6�t
Kathl n Porta, City Clerk ancy ra-L ens a r
PUBLISHED in the Eden Prairie News on Qc..� / , 2012.
EXHIBIT A
PUD Legal Description —
LEGAL DESCRIPTION:
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 Southwest 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 V; 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 5ch 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 %of the
Southeast Quarter; thence South to the Southeast corner of said West 5/8 of the North %of the
Southeast Quarter; thence West to a point on the South line of said West 5/8 of the North '/z 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
EXHIBIT A-1
DEVELOPMENT AGREEMENT-REPUBLIC COMPRESSED NATURAL GAS
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REPUBLIC COMPRESSED NATURAL GAS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 12-2012-PUD-7-2012
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 9813
Flying Cloud Drive 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:
Kat een Porta, City Clerk a c ra or
PUBLISHED in the Eden Prairie News on June 14, 2012.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
CITY OF EDEN PRAIRIE Southwest Newspapers
HENNEPIN COUNTY,
MINNESOTA
REPUBLIC State of Minnesota )
COMPRESSED NATURAI,GAS
SUMMARY OF ORDINANCE )SS.
NO. 12-2012-PUD-7-2012 County of Hennepin
AN ORDINANCE OF THE CITY Y
OF EDEN PRAIRIE,MINNESOTA,
AMENDING THE ZONING OF
CERTAIN LAND WITHIN ONE
DISTP 1'. AND ADOPTING BY Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
REPT >' CITY CODE CRAP publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts
Tl"! 1 .P 1, r")'q 11.99,WII1CH, Pg
Alva+)l ,i i oi;ic THINGS. CON- herein stated as follows:
TAIN P .�LTY PROVISIONS
TI li I ITY COUNCIL OF THE (A) This newspaper has complied with the requirements constituting qualification as a legal
CITY OV VDEN PRAIRIE,MINNE- newspaper,as provided by Minnesota Statute 331 A.02,331A.07,and other applicable laws,as
SOTA,ORDAINS: amended.
Summary: This ordinance al-
lows amendment of the zoning of (B)The printed public notice that is attached to this Affidavit and identified as No. 3 3 y
land located at 9813 Flying Cloud was published on the date or dates and in the newspaper stated in the attached Notice and said
Drive within the ed wi h District. Notice is hereby incorporated as art of this Affidavit. Said notice was cut from the columns of
Exhibit A.included with this Ordl- Y rP P
nance, gives the full -J descrip_ the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
Lion of this property, inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
Effective Date: This Ordinance and publication of the Notice:
shall take effect upon publication.
Nancy Tyra-Lukens,Mayor abcdefghuklmnopgrstuvwxyz
ATTEST: Kathleen Porta,City
Clerk
(A full copy of the text of this
Ordinance is available from City
Clerk.) Laurie A.Hartmann
(Published in the Eden Prairie
News on Thursday, June 14, 2012;
No.3340) Subscribed and sworn before me on
this day of 2012
[0JY
MME JEANNETTE BARK
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES 01/31/13
Not P is
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Rate actually charged for the above matter...............................................$12.59 per column inch