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HomeMy WebLinkAbout2007-02 02-12 CCO CITY O F BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of February, 2007, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Interim Ordinance 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 in the Opportunity Site Area. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. 2007-02 AN 1NTERIM ORDINANCE 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 IN THE OPPORTUNITY SITE AREA THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Back�round. 1.01. In 2004, the City Council appointed a task force to study and make recommendations for development in an area of the City designated as the "Opportunity Site"; and 1.02. The task force was commissioned to prepare a master plan, a set of design guidelines, zoning amendments and a request for proposal for a developer (the "Report") for the Opportunity Site; and 1.03. Considerable time and resources were expended by the City and task force in preparing the Report that outlines the framework for a redevelopment plan establishing a mixed-use designation for the Opportunity Site; and 1.04. The task farce presented its recommendations and the Repart to the City Council; and 1.05. On February 27, 2006, the City Council approved and accepted the Report and directed staff to continue work to develop frameworks for the implementation of the recommendations and Report of the �ask force; and 1.06. The City Council further directed that such recommendations be referred to the City Planning Commission for study and development of proposed amendments to the City's Comprehensive Plan as necessary to allow gradual implementation of the standards set forth in the Report; and ORDINANCE NO. 2007-02 1.07. The City Council has determined that before any new development occurs in the Opportunity Site area, study is necessary to clarify the land uses and development standards that should apply and to determine whether proposed uses are consistent with the guidelines established by the Report; I and 1.08. Minnesota Statutes, section 462.355, subd. 4, allows the City to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of its citizens. Section 2. Determination. 2.01. This interim ordinance shall apply to the property designated as the "Opportunity Site" and legally described as: I That art f th i ded on n h and east b Summit o e c t b o u n t h e o rt p Y Y Drive North, on the east and south by Highway 100 and County Road 10 and on the west by Shingle Creek Parkway. 2.02. During the period this interim ordinance is in effect, there is a moratorium on the following types of land use applications: requests for rezoning, subdivisions, conditional use permits, site plan applications, and building permits for new buildings or expansions of existing buildings. This I ordinance does not a 1 to a lications that have received reliminar PP Y PP P Y approval by the City Council before the date of adoption of this ordinance. 2.03. This ordinance will expire when the combined effective periods of this ordinance and City Council Resolution No. 2007-15 equal one year. Section 3. Effect on Pendin� Annlications. 3.01 All applications subject to this moratorium that are pending or that are received during the time this ordinance is in effect shall be deemed to be denied for purposes of Minnesota Statutes, section 15.99. The City Manager shall cause notification of such denial to be given to all applicants stating the adoption of this ordinance as the reason therefor. Fees paid in connection wrth such apphcations shall be returned or refunded to the applicant. Section 4. Effective Date. 4.01. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. ORDINANCE NO. 2007-02 Adopted this 12 day of February, 2007. C_%� r�, ..�'�ih�4� Mayor ATTEST: EQ�vU v l City Clerk Date of Publication: February 22, 20Q7 Effective Date: March 24, 2007