The URL can be used to link to this page

Home My WebLink AboutOrdinance - 10-2006 - Interim Ordinance - Golf Course Moratorium - 03/21/2006 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 10-2006 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE WELFARE OF THE CITY RESIDENTS; AND TEMPORARILY PROHIBITING ANY NEW USE, PERMIT, CONDITIONAL USE PERMIT, VARIANCE, SUBDIVISION, OR DEVELOPMENT IN AREAS OF THE CITY DESIGNATED IN THE CITY'S COMPREHENSIVE GUIDE PLAN AS PUBLIC/QUASI-PUBLIC WHICH ARE USED AS A GOLF COURSE AS OF THE EFFECTIVE DATE OF THIS ORDINANCE; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. Purpose. The City Council of the City of Eden Prairie has found that certain areas of the City designated by the City's Comprehensive Guide Plan as Public/Quasi Public are designated otherwise by the City's Zoning Code, and that inconsistencies in the uses allowed under the respective designations may exist. The purpose of this Interim Ordinance is to allow time for a study (hereinafter referred to as the "Study") to be completed, prior to new development in the Study Area as defined below, to evaluate whether inconsistencies between the Comprehensive Guide Plan and the City's zoning controls as set forth in City Code Chapter 11 exist and to propose measures to cure any such inconsistencies between the City's Comprehensive Guide Plan and the City's Zoning Code. Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of official controls, including ordinances, regulating physical development of the City. Section 3. Study. Pursuant to Resolution 2006-43 and this Interim Ordinance, the City determines to conduct the Study to investigate if inconsistencies exist between Comprehensive Guide Plan designations of Public/Quasi Public property being used as a golf course as of the Effective Date of this Interim Ordinance and the zoning designation of such properties under Chapter 11 of the City Code and if so, to develop recommendations as to how to cure any such inconsistencies in furtherance of the general health, safety, and welfare of the City and its residents. Section 4. Study Area. This Interim Ordinance shall apply to all properties within the City designated as "Public/Quasi Public" in the Comprehensive Guide Plan which are utilized as a golf course as of the Effective Date of this Interim Ordinance. Section 5. Interim Ordinance. For a period of twelve months from the Effective Date of this Interim Ordinance as authorized in Minn. Stat. § 462.355, subd. 4, there shall be no new use, development, construction, or subdivision of property designated as "Public/Quasi Public" in the City's Comprehensive Guide Plan, which is utilized as a golf course as of the Effective Date of this Ordinance. During the twelve month period referred to above, no new building permit applications shall be filed; no building permits shall be issued or approved for new development; no subdivision application shall be filed; no subdivision application shall be approved; no zoning applications, rezoning applications, PUD applications, conditional use permits, or variances shall be filed, issued or approved, unless such was granted prior to the Effective Date of this Ordinance. Section 6. Effective Date. This Interim Ordinance shall become effective immediately upon its passage and publication. Section 7. Exemptions. This interim ordinance shall not apply to the following: A. Building permits for work in the interior or exterior of an existing building B. Land Alteration exempt from the requirements for a Land Alteration Permit pursuant to City Code Section 11.55 Subd. 3, B. Section 8. Enforcement. The City may enforce any provision of this ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. Further, City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" is herby adopted in its entirety, by reference, as though repeated verbatim herein. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21" day of March, 2006, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 21"day of March, 2006. hleen Porta, City Clerk N4ya ns y PUBLISHED in the Eden Prairie Sun Current on NYW &0 , 2006. 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 10-2006 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE WELFARE OF THE CITY RESIDENTS; AND TEMPORARILY PROHIBITING ANY NEW USE, PERMIT, CONDITIONAL USE PERMIT, VARIANCE, SUBDIVISION, OR DEVELOPMENT IN AREAS OF THE CITY DESIGNATED IN THE CITY'S COMPREHENSIVE GUIDE PLAN AS PUBLIC/QUASI-PUBLIC WHICH ARE USED AS A GOLF COURSE AS OF THE EFFECTIVE DATE OF THIS ORDINANCE; ADOAPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies. This ordinance ordains that for a period of twelve months from the Effective Date of this Interim Ordinance there shall be no new use, development, construction, or subdivision of property designated as "Public/Quasi Public" in the City's Comprehensive Guide Plan which is utilized as a golf course as of the Effective Date of this Ordinance. Effective Date: This Ordinance shall take effect upon publication. ATTEST: K leen Porta, City Clerk anc aOz#yor PUBLISHED in the Eden Prairie Sun Current on h2& L?e, ,,)ay4 (A full copy of the text of this Ordinance is available from the City Clerk.) v � 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.§331A.02,§331A.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 30 day Of March ,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: abcdefghij kimnopgrstuvwxyz City of Eden Prairie (Official Publication) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA BY: SUMMARY OF ORDINANCE 10-2006 AN INTERIM ORDINANCE FOR THE PURPOSE OF CFO PROTECTING THE PLANNING PROCESS AND THE WELFARE OF THE CITY RESIDENTS; AND TEM- PORARILY PROHIBITING ANY NEW USE, PERMIT, CONDITIONAL USE PERMIT, VARIANCE, SUBDIVI- SION,OR DEVELOPMENT IN AREAS OF THE CITY DESIGNATED IN THE CITY's COMPREHENSIVE Subscribed and sworn to or affirmed before me GUIDE PLAN AS PUBLICIOUAS1-PUBLIC WHICH ARE USED AS A GOLF COURSE AS OF THE EFFECTIVE On this 30 day of March /20:0 DATE OF THIS ORDINANCE;ADOAPTING ENFORCE- MENT PROVISIONS; AND ADOPTING BY REFER- Notary PL&Ic ENCE CITY CODE CHAPTER 1, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. MARY ANN CARLSON THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, NOTARY PUBLIC—MINNESOTA MINNESOTA,ORDAINS: MY COMMISSION EXPIRES i-m-oo S e City i: Pursuant to Minn:Seat.§ordinances sto r 4, the City is authorized to adapt interim ordinances to reg- ulate,restrict,or prohibit any use or develo ment in all or part of the City,for a period of one year subject to ex- ceptions as stated in Section 462.355),while the City is conducting studies. This ordinance ordains that for a pe RATE INFORMATION riod of twelve months from the Effective Date of this Inter- Im Ordinance there shall be no new use,development, 1 Lowest classified rate aid b commercial users construction.or subdivision it property designated as ( ) p y $ 2.85 per line "Public/Quasi Public"in the City's Comprehensive Guide for comparable space Plan which is utilized as a golf course as of the Effective Date of this Ordinance. 2 Maximum rate allowed b law Effective Date:This Ordinance shall take effect upon pub- ( ) y $ 6.20 per line lication. Nancy Tyra-Lukens,Mayor 3 Rate actual) charged Attest: Kathleen.Porte,City Clerk O y g $ 1.30perline PUBLISHED in the Eden Prairie Sun Currenton March 30, 2006. (A full copy of the text of this Ordinance is available from City Clerk.) (Mar.30,2006)d4%Summary 10-2006