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HomeMy WebLinkAbout1989-246 CCR1 1 1 Member Philip Cohen moved its adoption: introduced the following resolution and RESOLUTION NO. 89- 246 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 CERTAIN DEVELOPMENT AT THE PROPERTY LOCATED AT 6626 WEST RIVER ROAD AND 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of an application for rezoning of a portion of the property affected by this ordinance (which application has been withdrawn by the applicant), City staff, consultants, Planning Commission, the Northeast Neighborhood Advisory Group, and the City Council reviewed the existing and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 these 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; 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, the Council also determined that there was a need for an interim ordinance 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 studies were completed and any modifications to the City's Comprehensive Plan and zoning and land use regulations were accomplished; and WHEREAS, the Council further determined that of the zoning classificiations which are reasonably likely to be adopted for those parts of the area currently zoned R5 or C2 allow, either as permitted or special uses, certain service /office uses. Therefore, an absolute prohibition on the development of such uses was not warranted; and WHEREAS, accordingly, the Council adopted Ordinance No. 89 -13 on June 12, 1989, which ordinance ceased to be in effect on December 16, 1989; and WHEREAS, the studies directed by the Council will not be completed and effective and appropriate land use control will not be in place prior to the expiration of said ordinance; however, the reasons for its adoption continue to exist. Therefore, there is a need for the continuation of the protection afforded by said interim ordinance as provided herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: RESOLUTION NO. 89- 246 December 18, 1989 Date ATTEST: 1. This resolution shall apply to the property at 6626 West River Road and 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 other than those expressly allowed in paragraph 3 of this resolution. 3. The provisions of paragraph 2, shall not apply in C2 zones to permitted uses which are also permitted uses in C1 zones of the City and shall not apply in R5 zones to special uses which are also permitted uses in C2 zones of' the City. 4. This resolution shall remain in effect until April 16, 1990, or such earlier date as may be adopted by the City Council, provided that if the study and planning process have not been completed within such period this resolution may be extended for such additional periods as are deemed neceesary by the City Council. 5. 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 before the adoption of this resolution. 6. This resolution is effective upon adoption. Mayo The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen; and the folowing voted against the same: none, whereupon said resolution was declared duly passed and adopted.