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Home My WebLink AboutOrdinance - 7-2016-PUD-4-2016 - Starbucks & BP Station - 05/12/2016 STARBUCKS & BP STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-2016-PUD-4-2016 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 R1-13.5 Zoning District and be placed in the Highway Commercial Zoning District 7-2016- PUD-4-2016 (hereinafter "PUD-4-2016-C-HWY"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of May 3, 2016 entered into between Ridgecrest Eden Prairie I, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-4-2016-C-HWY, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-4-2016-C-HWY is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-4-2016-C-HWY 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-4-2016-C-HWY are justified by the design of the development described therein. D. PUD-4-2016-C-HWY 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 R1-13.5 Zoning District, and placed in the Highway Commercial Zoning District and shall be included hereafter in the Planned Unit Development PUD-4-2016-C-HWY 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 8th day of March, 2016, 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 3rd day of May, 2016. ATTEST: Kathl n Porta, City Clerk Ron Case, Acting Mayor PUBLISHED in the Eden Prairie News on May 12, 2016. EXHIBIT A LEGAL DESCRIPTION - STARBUCKS & BP STATION PROPERTY TO BE REZONED FROM R1-13.5 TO HIGHWAY COMMERCIAL: Parcel 2 That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 117, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northwest corner of Section 1, Township 116, Range 22; thence on an assumed bearing of North 87 degrees 01 minute 59 seconds East along the South line of said Southwest Quarter of the Southwest Quarter, a distance of 47.27 feet to the point of beginning of the tract of land to be described; thence North 6 degrees 16 minutes 29 seconds West , a distance of 7.74 feet; thence North 56 degrees 19 minutes 50 seconds East a distance of 96.26 feet; thence North 77 degrees 06 minutes 08 seconds East, a distance of 198.93 feet; thence South 29 degrees 35 minutes 59 seconds East, a distance of 102.01 feet to the South line of said Southwest Quarter of the Southwest Quarter; thence South 87 degrees 01 minute 59 seconds West along said South line, a distance of 324.00 feet to the point of beginning. PROPERTY SUBJECT TO THE PUD: Parcel 1 That part of Lot 1, Block 1, Shady Oak Crosstown Addition, embraced within the West 282.5 feet of the Northwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22 as measured along the North and South lines of said Northwest Quarter of the Northwest Quarter. Torrens Property Being registered las as evidenced by Certificate of Title No. 1178482. Parcel 2 That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 117, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northwest corner of Section 1, Township 116, Range 22; thence on an assumed bearing of North 87 degrees 01 minute 59 seconds East along the South line of said Southwest Quarter of the Southwest Quarter, a distance of 47.27 feet to the point of beginning of the tract of land to be described; thence North 6 degrees 16 minutes 29 seconds West , a distance of 7.74 feet; thence North 56 degrees 19 minutes 50 seconds East a distance of 96.26 feet; thence North 77 degrees 06 minutes 08 seconds East, a distance of 198.93 feet; thence South 29 degrees 35 minutes 59 seconds East, a distance of 102.01 feet to the South line of said Southwest Quarter of the Southwest Quarter; thence South 87 degrees 01 minute 59 seconds West along said South line, a distance of 324.00 feet to the point of beginning. Parcel 3 Lot 1, Block 1, Shady Oak Crosstown Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota EXCEPTING that portion embraced within the West 282.5 feet of the Northwest Quarter of the Northwest Quarter of Section I, Township 116, Range 22 as measured along the North and South lines of said Northwest Quarter of the Northwest Quarter. STARBUCKS & BP STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 7-2016-PUD-4-2016 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 amendment of the zoning of land located at 11190 West 62nd Street within the Highway Commercial 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: �eA/4j4& — - Ka Teen Porta, City Clerk Ron Case, Acting Mayor PUBLISHED in the Eden Prairie News on May 12, 2016. (A full copy of the text of this Ordinance is available from City Clerk.)