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HomeMy WebLinkAboutResolution - 2006-43 - Authorizing a Study to Identify Inconsistencies between the Comprehensive Guide Plan and the Zoning Code - 03/21/2006 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2006-43 RESOLUTION AUTHORIZING A STUDY TO IDENTIFY INCONSISTENCIES BETWEEN THE CITY'S COMPREHENSIVE GUIDE PLAN AND THE CITY'S ZONING CODE AS TO USE AUTHORIZATIONS AND DESIGNATIONS OF CERTAIN PROPERTIES WITHIN THE CITY OF EDEN PRAIRIE,AND TO PROPOSE MEASURES TO CURE ANY SUCH INCONSISTENCIES WHEREAS, the City of Eden Prairie has developed a Comprehensive Guide Plan for the purpose of guiding the development of the City in conformity with all regional system plans and to ensure consistency with the City's own plan, ordinances, codes, and fiscal devices, and other local implementation procedures for the overall efficient use and development of the land within the City for the benefit and welfare of its citizenry and for the promotion of the public good; and WHEREAS, the City of Eden Prairie has adopted a Zoning Code to protect and to promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare, and specifically to: (1) to assist in the implementation of the City Comprehensive Guide Plan as amended; (2) to foster a harmonious, convenient workable relationship among land uses; (3) to promote the stability of existing land uses that conform with the Guide Plan and to protect them from inharmonious influences and harmful intrusions; (4) to insure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole; (5) to prevent excessive population densities and over-crowding of the land with structures; (6) to promote a safe, effective traffic circulation system; (7) to foster the provision of adequate off-street parking and off-street truck loading facilities; (8) to facilitate the appropriate location of community facilities and institutions; (9) to provide human and physical resources of sufficient quantity and quality to sustain needed public services and facilities; (10) to protect and enhance real property values; and, (11) to safeguard and enhance the appearance of the City, including natural amenities of hills, woods, lakes, and ponds; and WHEREAS, the Eden Prairie City Council has determined that inconsistencies may exist between the City's Comprehensive Guide Plan and the City's Zoning Code, regarding land use designations and zoning district use authorizations of certain lands within the City; and WHEREAS, the Eden Prairie City Council deems it necessary, in furtherance of the public good, to authorize a study to: (1) determine if inconsistencies exist between the City's Comprehensive Guide Plan and the City's Zoning Code for properties which are guided as Public/Quasi Public under the Comprehensive Guide Plan and currently used as a golf courses; (2) to determine the impact and extent of such inconsistencies; and (3) to develop measures to correct any such inconsistencies to bring the Zoning Code and Comprehensive Guide Plan into mutual conformity; and WHEREAS, Minn. Stat. § 473.858, subd. 1; as well as the recent Minnesota Supreme Court case of Mendota Golf, LLP, v. City of Mendota Heights, 708 N.W.2d 162, (2006), require that the City cure inconsistencies between its Comprehensive Guide Plan and Zoning Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE THAT: The City Council hereby authorizes a study to be conducted to: (1) determine if inconsistencies exist between the City's Comprehensive Guide Plan and the City's Zoning Code for properties which are guided as Public/Quasi Public under the Comprehensive Guide Plan and currently used as a golf courses; (2) to determine the impact and extent of such inconsistencies; and (3) to develop measures to correct any such inconsistencies to bring the Zoning Code and Comprehensive Guide Plan into mutual conformity. ADOPTED by the City Council this 21s'day of March, 2006. 4a;nc�� or ATTEST: Kat een Porta, City Clerk