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Home My WebLink AboutOrdinance - 17-2006-PUD-12-2006 - Gander Mountain - 06/20/2006 GANDER MOUNTAIN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-2006-PUD-12-2006 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 THE 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 I-2 Zoning District and be placed in the Planned Unit Development Commercial Regional Service Zoning District 17-2006-PUD-12-2006 (hereinafter"PUD-12-2006-C-REG-SER"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June 20, 2006, entered into between KTJ Limited Partnership One Hundred Thirty-Four and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-12-2006- C-REG-SER, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-12-2006-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-12-2006-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-12-2006-C-REG-SER are justified by the design of the development described therein. D. PUD-12-2006-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. Contingent upon receipt by the City of evidence of filing of the fully- executed and acknowledged "Gander Mountain Development Agreement"no later than July 10, 2006, the proposal is hereby removed from the I-2 Zoning District, and placed in the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development PUD- 12-2006-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, publication and receipt by the City of evidence of filing of the fully-executed and acknowledged Gander Mountain Development Agreement as set forth in Section 5 above. Publication shall not occur until the City has received evidence of filing of the Gander Mountain Development Agreement. If the City does not receive evidence of filing of the Gander Mountain Development Agreement as set forth in Section 5 above by July 10, 2006, the approvals granted herein are null and void. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of May, 2006, 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 20th day of June, 2006. ATTEST: I,,-(leen Porta, City Clerk Nan yra- ayor PUBLISHED in the Eden Prairie Sun Current on 07 , o � . EXHIBIT A Gander Mountain 1 Lega Description Lot 1, Block 1 Gander Mountain GANDER MOUNTAIN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 17-2006-PUD-12-2006 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 at 12150 Technology Drive from the I-2 Zoning District to the Commercial Regional Service Zoning District on 4.69 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: Ka Teen. Porta, City Clerk > anc yra- e yor PUBLISHED in the Eden Prairie Sun Current on 7, C206 (A full copy of the text of this Ordinance is available from City Clerk.) newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) Ss. COUNTY OF HENNEPIN) Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,as provided by Minn.Stat.§331 A.02,§331 A.07,and other applic- able laws,as amended. (B)The printed public notice that is attached was published in the newspaper once each week,for one successive week(s);it was first published on Thursday,the 29 day Of June ,2006, and was thereafter printed and published on every Thursday to and including Thursday,the-day of 2006;and printed below is a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abodefghilidmnopqrstuvwxyz BY: CFO* Subscribed and sworn to or affirmed before me City of Eden Prairie Official Publication) OF EDEN PRAIRIE on this 29 day of June 2006. HENNEPIN COUNTY,MINNESOTA GANDER MOUNTAIN SUMMARY OF ORDINANCE NO. 17-2006-PUD-12- 2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE Nckary Vublic ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN --------- EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER I AND SECTION 11.99,WHICH, MARY ANN CARLSON SIONS AMONG OTHER THINGS,CONTAIN PENALTY PROVI- NOTARY PUBLIC—MINNESOrA THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MY COMMISSION EXPIRES 1-31-09 MINNESOTA,ORDAINS: POP P P 9 01 Summary: This ordinance allows rezoning of land locat- ed at 12150 Technology Drive from the 1-2 Zoning District to the Commercial Regional Service Zoning District on RATE INFORMATION 4.69 acres.-Exhibit A,included with this Ordinance,gives the full legal description of this property. Effective Date:This Ordinance shall take effect upon pub- (1)Lowest classified rate paid by commercial users $ 2.85 per line lication. for comparable space Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porte,City Clerk (2)Maximum rate allowed by law $ 6.20 per line 2 PUBLISHED In the Eden Prairie Sun Current on June 29, 0N. (A full copy of the text of this Ordinance Is available from City Clerk.) (3)Rate actually charged $ 1.30 per line (June 29,2006)d41182006 Summary