HomeMy WebLinkAboutOrdinance - 19-2018 - Lion's Tap Site Improvements - 10/25/2018 LION'S TAP SITE IMPROVEMENTS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 19-2018-PUD-7-2018
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 Zoning District and be placed in the Highway Commercial Zoning District as noted in
Exhibit A 19-2018-PUD-7-2018 (hereinafter "PUD-7-2018- C-HWY").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of October 16, 2018 entered into between Bert A. Notermann,
and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development
Agreement contains the terms and conditions of PUD-7-2018- C-HWY, and are hereby made a
part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-7-2018- C-HWY is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-7-2018-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-7-2018-C-HWY are justified by the design of the
development described therein.
D. PUD-7-2018- 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 Rural and placed in the Highway Commercial Zoning Districts as noted in
Exhibit A and shall be included hereafter in the Planned Unit Development PUD-7-2018- 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
4th day of September, 2018, 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 16th day of
October, 2018.
ATTEST:
Kath en Porta, City Clerk Nanky T u �ja—yr
PUBLISHED in the Eden Prairie News on October 25, 2018.
EXHIBIT A
Rural Zoning District to Highway Commercial Zoning District
Legal Description Prior to Final Plat
Area 2: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated
August 28, 2018
That part of Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin
County, Minnesota described as follows:
Commencing at the most southwesterly corner of said Lot 1; thence North 00 degrees 59 minutes 21
seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet; thence South
89 degrees 00 minutes 39 seconds East, 199.39 feet to the point of beginning of the area to be described;
thence North 09 degrees 01 minutes 10 seconds East,49.00 feet;thence North 54 degrees 01 minutes 10
seconds East, 79.45 feet;thence South 80 degrees 58 minutes 50 seconds East, 163.96 feet;thence South
63 degrees 59 minutes 21 seconds West,21.54 feet;thence South 87 degrees 59 minutes 21 seconds
West, 140.00 feet;thence South 30 degrees 59 minutes 21 seconds West, 65.00 feet;thence North 89
degrees 00 minutes 39 seconds West,41.17 feet to the point of beginning.
Area 3: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated
August 28, 2018
That part of Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin
County, Minnesota described as follows:
Beginning at the most northeasterly corner of Lot 1, Block 1 of said plat; thence North 49 degrees 00
minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15
feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of said Lot 2;
thence South 39 degrees 59 minutes 21 seconds West, along said easterly line of Lot 2, a distance of
60.68 feet to the point of beginning.
Area 6: depicted on sheet C0.03 Proposed Property Boundary Adjustments &New Right-of-Way dated
August 28, 2018
That part of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota,
described as follows:
Commencing at the most southerly corner of Lot 1, Block 1, SPRING HEIGHTS, according to the
recorded plat thereof, said Hennepin County;thence northeasterly along the southeast line of said Lot 1
on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet;thence South 82
degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the
east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds;thence
northerly along the arc of said curve a distance of 119.82 feet, said arc subtended by a chord bearing
North 12 degrees 01 minutes 15 seconds East to the point of beginning of the area to be described;thence
continuing in a northerly direction along last described curve 24.45 feet, said arc is subtended by a chord
bearing of North 17 degrees 36 minutes 21 seconds East; thence South 39 degrees 57 minutes 57 seconds
West, 20.91 feet; thence South 39 degrees 40 minutes 10 seconds East, 9.45 feet to the point of beginning.
Legal Description After Final Plat
Lot 1, Block 1, Spring Heights Is'Addition
Zone to Highway Commercial
Legal Description Prior to Final Plat
Area 5: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated
August 28, 2018
Those parts of Parcel 206, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY
PLAT NO. 27-82 and HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, according to
the recorded plats thereof, Hennepin County, Minnesota and that part of and the Southeast Quarter of
Section 29,Township 116,Range 22, all which lies southerly of the following described line:
Commencing at the most northeasterly corner of Lot 1, Block 1, SPRING HEIGHTS, according to the
recorded plat thereof, said Hennepin County; thence North 49 degrees 00 minutes 39 seconds West
assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;thence South 80
degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2,Block 1, said SPRING
HEIGHTS,to the point of beginning of the line to be described;thence continuing South 80 degrees 56
minutes 54 seconds East along the southeasterly extension of last said line, 33.69 feet to the intersection
with a line hereinafter referred to as LINE A and said line there terminating.
ALSO THAT part of said Parcel 206, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT
OF WAY PLAT NO. 27-82 and HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, and
the Southeast Quarter of Section 29,Township 116,Range 22, all lying northwesterly of the following
described line, said line hereinafter is referred to as LINE A:
Commencing at the most southerly corner of Lot 1, Block 1, SPRING HEIGHTS,according to the
recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1
on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of
beginning of the line being described;thence South 82 degrees 13 minutes 39 seconds East for 155.14
feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central
angle of 14 degrees 42 minutes 06 seconds;thence northerly along the arc of said curve a distance of
189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East; thence
North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said
PLAT 60 and said line there terminating.
EXCEPTING THEREFROM That part of the Southeast Quarter of Section 29, Township 116, Range 22,
Hennepin County,Minnesota, described as follows:
Commencing at the most southerly corner of Lot 1, Block 1, SPRING HEIGHTS, according to the
recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1
on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet;thence South 82
degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve,concave to the
east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence
northerly along the arc of said curve a distance of 119.82 feet, said arc subtended by a chord bearing
North 12 degrees 01 minutes 15 seconds East to the point of beginning of the area to be described;thence
continuing in a northerly direction along last described curve 24.45 feet, said arc is subtended by a chord
bearing of North 17 degrees 36 minutes 21 seconds East;thence South 39 degrees 57 minutes 57 seconds
West,20.91 feet; thence South 39 degrees 40 minutes 10 seconds East, 9.45 feet to the point of beginning.
Legal Description After Final Plat
Lots 1, Block 1 Spring Heights Is'Addition
LION'S TAP SITE IMPROVEMENTS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 19-2018-PUD-7-2018
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 16180
Flying Cloud Drive 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:
0
Kath en Porta, City Clerk 4pcpyrl^
, ayor
PUBLISHED in the Eden Prairie News on October 25, 2018.
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
Legal Description Prior to Final Plat
Area 2: depicted on sheet C0.03 Proposed Property Boundary Adjustments &New Right-of-Way dated
August 28, 2018
That part of Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin
County,Minnesota described as follows:
Commencing at the most southwesterly corner of said Lot 1;thence North 00 degrees 59 minutes 21
seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet;thence South
89 degrees 00 minutes 39 seconds East, 199.39 feet to the point of beginning of the area to be described;
thence North 09 degrees 01 minutes 10 seconds East,49.00 feet;thence North 54 degrees 01 minutes 10
seconds East, 79.45 feet;thence South 80 degrees 58 minutes 50 seconds East, 163.96 feet;thence South
63 degrees 59 minutes 21 seconds West, 21.54 feet;thence South 87 degrees 59 minutes 21 seconds
West, 140.00 feet;thence South 30 degrees 59 minutes 21 seconds West, 65.00 feet;thence North 89
degrees 00 minutes 39 seconds West,41.17 feet to the point of beginning.
Area 3: depicted on sheet C0.03 Proposed Property Boundary Adjustments &New Right-of-Way dated
August 28, 2018
That part of Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin
County, Minnesota described as follows:
Beginning at the most northeasterly corner of Lot 1, Block 1 of said plat;thence North 49 degrees 00
minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15
feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of said Lot 2;
thence South 39 degrees 59 minutes 21 seconds West, along said easterly line of Lot 2, a distance of
60.68 feet to the point of beginning.
Area 6: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated
August 28, 2018
That part of the Southeast Quarter of Section 29,Township 116,Range 22, Hennepin County, Minnesota,
described as follows:
Commencing at the most southerly corner of Lot 1, Block 1, SPRING HEIGHTS, according to the
recorded plat thereof, said Hennepin County;thence northeasterly along the southeast line of said Lot 1
on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet;thence South 82
degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve,concave to the
east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds;thence
northerly along the arc of said curve a distance of 119.82 feet, said arc subtended by a chord bearing
North 12 degrees 01 minutes 15 seconds East to the point of beginning of the area to be described;thence
continuing in a northerly direction along last described curve 24.45 feet, said arc is subtended by a chord
bearing of North 17 degrees 36 minutes 21 seconds East;thence South 39 degrees 57 minutes 57 seconds
West, 20.91 feet;thence South 39 degrees 40 minutes 10 seconds East, 9.45 feet to the point of beginning.
Legal Description After Final Plat
Lot 1, Block 1, Spring Heights I"Addition
Legal Description Prior to Final Plat
Area 5: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated
August 28, 2018
Those parts of Parcel 206,MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY
PLAT NO. 27-82 and HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, according to
the recorded plats thereof,Hennepin County, Minnesota and that part of and the Southeast Quarter of
Section 29, Township 116,Range 22, all which lies southerly of the following described line:
Commencing at the most northeasterly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the
recorded plat thereof, said Hennepin County; thence North 49 degrees 00 minutes 39 seconds West
assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;thence South 80
degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2, Block 1, said SPRING
HEIGHTS,to the point of beginning of the line to be described;thence continuing South 80 degrees 56
minutes 54 seconds East along the southeasterly extension of last said line, 33.69 feet to the intersection
with a line hereinafter referred to as LINE A and said line there terminating.
ALSO THAT part of said Parcel 206, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT
OF WAY PLAT NO. 27-82 and HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, and
the Southeast Quarter of Section 29,Township 116, Range 22, all lying northwesterly of the following
described line, said line hereinafter is referred to as LINE A:
Commencing at the most southerly corner of Lot 1, Block 1, SPRING HEIGHTS, according to the
recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1
on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of
beginning of the line being described;thence South 82 degrees 13 minutes 39 seconds East for 155.14
feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central
angle of 14 degrees 42 minutes 06 seconds;thence northerly along the arc of said curve a distance of
189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East; thence
North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said
PLAT 60 and said line there terminating.
EXCEPTING THEREFROM That part of the Southeast Quarter of Section 29,Township 116,Range 22,
Hennepin County, Minnesota, described as follows:
Commencing at the most southerly corner of Lot 1, Block 1, SPRING HEIGHTS, according to the
recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1
on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet;thence South 82
degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the
east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds;thence
northerly along the arc of said curve a distance of 119.82 feet, said arc subtended by a chord bearing
North 12 degrees 01 minutes 15 seconds East to the point of beginning of the area to be described;thence
continuing in a northerly direction along last described curve 24.45 feet, said arc is subtended by a chord
bearing of North 17 degrees 36 minutes 21 seconds East;thence South 39 degrees 57 minutes 57 seconds
West, 20.91 feet; thence South 39 degrees 40 minutes 10 seconds East, 9.45 feet to the point of beginning.
Legal Description After Final Plat
Lots 1, Block 1 Spring Heights I"Addition
Affidavit of Publication
Southwest Newspapers
State of Minnesota )
)SS.
CITY OF EDEN PRAIRIE County of Hennepin )
HENNEPIN COUNTY,
MINNESOTA
LIONS TAP SITE Laurie A.Hartmann,beingdulysworn,on oath says that she is the authorized agent of the
IMPROVEMENTS publisher of the newspapers knon as the Eden Prairie News and Lakeshore WeeklygNews and
SUMMARY OF ORDINANCE P
NO.19-2018-PUD-7-2018 has full knowledge of the facts herein stated as follows:
AN ORDINANCE OF THE
CITY OF EDEN PRAIRIE, (A)This newspaper has complied with the requirements constituting qualification as a legal
MINNESOTA,AMENDING THE newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
ZONING OF CERTAIN LAND amended.
WITHIN ONE DISTRICT, AND
ADOPTING BY REFERENCE (B)The printed public notice that is attached to this Affidavit and identified as No.,3Y.)l
CITY CODE CHAPTER 1 AND was published on the date or dates and in the newspaper stated in the attached Notice and said
SECTION 11.99,WHICH,AMONG Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
OTHER THINGS, CONTAIN the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
PENALTY PROVISIONS inclusive,and is hereby acknowledged as being the kind and size of used in the composition
THE CITY COUNCIL OF Y g g type Po
THE CITY OF EDEN PRAIRIE, and publication of the Notice:
MINNESOTA,ORDAINS:
Summary: This ordinance abcdefghijklmnopqrstuvwxyz
allows amendment of the zoning
of land located at 16180 Flying
Cloud Drive within the Highway I
Commercial Zoning District. BY:
Exhibit A, included with this Laurie A.Hartmann
Ordinance, gives the full legal
description of this property.
Effective Date: This Subscribed and sworn before me on
Ordinance shall take effect upon
publication.
Nancy Tyra-Lukens,Mayor
ATTEST: KathleenPlorta,City this day of ,2018
Clerk
(A full copy of the text of
this Ordinance is available from ? _City Clerk.) JYMME JEANNETTE BARK
c„7 `°
(Published in the Eden Prairie NOTARY PUBLIC-MINNESOTA
News on Thursday, October 25, A"A,
2018:No.3429) MY COMMISSION EXPIRES 01/31/23
t Public
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...............................................$12.97 per column inch