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HomeMy WebLinkAbout1993-172 CCRCLL56936 1291 -43 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 93 -172 RESOLUTION FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT ON ALL LAND SOUTH OF 66TH AVENUE AND NORTH OF I -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252. WHEREAS, in connection with the consideration of applications for rezoning and permits for development of a portion of the property affected by this resolution, City staff, consultants, Planning Commission, the Northeast Neighborhood Advisory Group and the City Council reviewed the existing and potential development in the area. As a result of that review process, the Council determined that the current land use controls did not adequately address various land use concerns in the area. Among those concerns were inadequate or inappropriate buffering of nearby residential uses, nonconforming uses, zoning ordinances which were not consistent with the City's Comprehensive Land Use Plan, insufficient or hazardous traffic circulation, changes in land use and roadways which occurred since current zoning controls were adopted, and adjacent or nearby land uses or potential uses which were not compatible with permitted uses or special uses in the affected area; and WHEREAS, the Council determined that there was a need for further studies to be conducted so that the City could adopt appropriate amendments to its Comprehensive Plan and zoning code so as to ensure protection of the public health, safety and welfare. The Council directed that such studies be undertaken; and WHEREAS, studies and amendments to the City code which were considered in connection with the earlier reviews of the official controls applicable to the affected area were not acted upon by the City Council; and WHEREAS, as a result of consideration of an application for a special use permit for a filling station and car wash on a portion of the property affected by this RESOLUTION NO. 93 -172 ordinance, the Council has determined that the current zoning of the affected area is not, or may not be, appropriate or sufficient to protect the public health, safety or welfare for a number of reasons. These reasons include, but are not limited to, the following: 1. The proposed use would have unacceptably adverse impacts on surrounding uses because of 24 hour activity, noise, lights, glare and traffic. and; 2. Such adverse impacts cannot be adequately mitigated by site design or improvements. 3. Many of these adverse impacts would result from permitted uses as well as special uses under current zoning. WHEREAS, a hearing has been scheduled for the purpose of considering amendment of the Comprehensive Plan and zoning code; and WHEREAS, the Council has therefore determined that there is a need for regulations to be adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City and ensuring that the City and its citizens retain the benefits of, and protection sought to be afforded by, the City's Comprehensive Plan and zoning ordinances until such hearing is held, and any modifications to the City's Comprehensive Plan and zoning and land use regulations are effective. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. This Resolution shall apply to all property south of 66th Avenue and north of I -694 between Willow Lane and Highway 252 (the subject area) 2. During the period this Resolution is in effect, no property within the subject area may be developed, redeveloped, nor shall any site plan approvals, rezonings, licenses (other than renewals) plattings or replattings, land divisions or consolidations, special use permits or building permits be issued by the City for any uses. 3. This Resolution shall remain in effect until January 25, 1994, or such earlier date as may be adopted by the City Council, provided that if the consideration and adoption of amendments to the Comprehensive CLL58936 21291 -43 2 RESOLUTION NO, 93 -172 Dated: October 12 ATTEST: Plan and zoning code are not effective by the end of such period, this Resolution may be extended for such additional periods as are deemed necessary by the City Council. 4. This Resolution applies to any application for site plan approvals, rezonings, licenses, plattings or replattings, land divisions or consolidations, special use permits or building permits that have not received preliminary approval by the City Council for the adoption of this Resolution. 5. This Resolution is effective upon adoption. Jr1411\ykniiti9.01 Deputy City Clerk 1993 Todd Paulson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Member Kristen Mann and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, and Kristen Mann; and the following voted against the same: none, Whereupon said resolution was declared duly passed and adopted. CLLSl936 11291 -43 3