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Home My WebLink About2004-10 06-14 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of June 2004 at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances of the City of Brooklyn Center Regarding Allowable Uses in The CC Central Commerce Overlay District. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. 2004-10 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING ALLOWABLE USES IN THE CC CENTRAL COMMERCE OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CEN`T'ER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -2240 of the City Ordinances of the City of Brooklyn Center is hereby amended to read: Section 35 -7740 CC CENTRAL COMMERCE OVERLAY DISTRICT. 1. Land may be designated as being within the CC Central Commerce Overlay District by city ordinance. Land use within any area so designated shall comply with the regulations of this section in addition to all regulations applicable to the underlying land use district established in Sections 35 -300 through 35 -331 of this Code and other regulations as applicable. 2. [t see allowed in the u derh in! l z i u district] The following uses are allowed in the CC Central Commerce Overlay District: [except as icl c ire i i i r.] a. Finance, insurance, real estate and investment office h_ Medical, dental, osteopathic, chiropractic and optometric offices The compounding, dispensing or sale (at retail) of drugs, prescription items, patent or proprietary medicines, sick room supplies prosthetic devwes or items relating to a I I a "ell I a i e i e e I I e e e e e -e e ru. a 11"111 dental, osteopathic, chiropractic or optometric, offices_ c. The following office uses. 1) T ,egal ORDINANCE NO. 2004-10 2 Engineering and architectural 3) Educational and scientific research (excluding laboratory facilities) 4) Accounting, auditing and bookkeeping 5) An urban planning agency d Beauty and barber services 1 .l• u. •r r Apparel repair, alteration and cleaning pickup stations, shoe repair h Advertising offices, provided that the fabrication of signs shall not he a permitted iise 1 Consumer and mercantile credit reporting services office., adjustment and collection service offices j_ Duplicating, mailing_and stenographic service offices k Employment agency offices 1_ Business and management consultant offices. m. Detective and protective agency offices n. Contractor's offices Governmental offices P Business association, professional membership org ini labor unions, civic, social and fraternal association offices_ d Financial institutions inclding, hut not limited to fuill- service hanks and savings and loan associations r Drop -in child care centers licensed by the Minnesota Department of Public Welfare pursuant to a valid license application, provided that a copy of said license and application shall he submitted annually to the City s_ T easing offices, provided there is no storage or display of products on the use site ORDINANCE NO. 2004-10 .I• .r 11 r u instructional uses for art, music, photography, decorating, dancing and the like and studios for like activity v Educational uses including post secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools (K-1?) w The retail sale of food Eating establishments y. Convenience -food restaurants provided they do not abut an R1, R7. or R3 zoning district including abutment at a non -major thoroughfare street line 7. Eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas, howling alleys skating rinks, and gymnasiums, and event centers renting space to organizations and individuals for meetings, receptions, events, gatherings, trade shows, seminars and entertainment, all provided they do not abut an R1, R. or R3 zoning district including abutment at a non -major thoroughfare street line The retail sale of heating and plumbing equipment, paint, glass, and wallpaper, 11 hh The retail sale of tires batteries and automobile accessories and marine craft accessories .11. dd The retail sale of fiurnituure, home firrnishings and related equipment ee. The retail sale of miscellaneous items such as the following: 1) Drugs and proprietary items 2) Liquors 3) Antiques and secondhand merchandise 4) Rooks and stationery 5) Garden supplies 6) Jewelry 7) Flowers and floral accessories 8) Cigars and cigarettes ORDINANCE NO. 2004 -10 9) Newspapers and magazines 10) Cameras and photographic supplies 11) Gifts, novelties and souvenirs 12) Pets 13) Optical goods 14) Sporting goods and bicycles ff The following repair /service uses- 2) Household appliances, electrical supplies, heating and plumbing equipment_ 3) Radio and television repair service shops 4) Watch, clock and jewelry repair service shops 5) Laundering, dry cleaning and dyeing .gg, Gasoline service stations (see Section 35 -414), motor vehicle repair and auto washes, trailer and truck rental in conjunction with these uses, provided that there is adequate parking space available for these vehicles hh The sale or vending at gasoline service stations of items other than fuels, lubricants or automotive parts and accessories (and other than the vending of soft drinks, candy, cigarettes and other incidental items for the convenience of customer s within the principal building) provided adequate parking is available consistent with the Section 35 -704, 2 (h) and 2 (c)_ ii. Transient lodging jj Public transportation terminals (excluding truck terminals) kk Tennis clubs, racket and swim clubs and other athletic chubs, health spas and suntan studios 11. Group day care facilities provided developments, in each specific case, are demonstrated to he 1) Compatible with existing adjacent land uses as well as with those uses permitted in the C2. district generally Complimentary to existing adjacent land uses as well as with those uses permitted in the C2 district generally 3) Of comparable intensity to permitted C2 district land uses with respect to activity levels_ ORDINANCE NO. 2004-10 4) Planned and designed to assure that generated traffic will he within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community 5) Traffic generated by other uses on the site will not pose a danger to children served by the day care use Furthermore, group day care facilities shall he subject to the special requirements set forth in Section 35-412 mm Public parks, playgrounds, athletic fields and other recreation and open space uses nn Accessory uses, incidental to the fore•oing principal uses when located on the same property with the use to which it is accessory Such accessory uses to include hut not he restricted to the following- I) Offstreet parking and offstreet loading 2.) Signs as permitted in the Brooklyn Center Sign Ordinance 3) Outside display and sale of merchandise provided that an administrative permit is first obtained pursuant to Section 35 -R00 of these ordinances 4) Retail food shops, gjft shops, hook and stationery shops, tobacco shops, accessory eating establishments, sale and service of office supply equipment, newsstands and similar accessory retail shops within multistory office buildings over 40,000 sq ft in gross floor area, provided• that there is no associated signery visible from the exterior of the building; there is no carry- out or delivery of food from the lot; and the total floor area of all such shops within a building shall not exceed 10% of the total gross floor area of the building 00 Accessory off -site parking not located on the same property with the principal use subject to the provisions of Section 35 -701 pp Other uses similar in nature to the aforementioned uses, as determined by the City Council 3. The following uses are specifically not permitted in the CC Central Commerce Overlay District: a. sauna establishments ORDINANCE NO. 2004 -10 b. massage establishments c. currency exchanges d. pawn shops e. secondhand goods dealers 4. The following area is hereby established as being within the CC Central Commerce Overlay District: The CC Central Commerce Overlay District is located within the area bounded by a continuous line beginning at a point located at the intersection of John Martin Drive and T.H. 100 and going southwesterly along the centerline of T.H. 100 to its intersection with Brooklyn Boulevard; thence northerly along the easterly right -of -way line of Brooklyn Boulevard to a point located approximately 445' northerly of its intersection with County Road No. 10; thence east along an extended line made up of the south boundary lines of the plats for Grimes 2nd Addition, Hipp's 4 Addition and Hipp's 5 Addition, Hennepin County, continued to the centerline of Shingle Creek [l'< it thence northerly along the centerline [east right-of-way ling] of Shingle Creek rl tt: the north boundary 1.1r s =1` ti... plat for l: rookd l Squa d Addition, 1 to the centerline of T 94; thence easterly along said line [to the John n to the centerline of Humboldt Avenue North: thence southerly to the centerline of T H. 100; thence s o southwesterly to the point of the beginning. ATTEST: Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 14 day of June, 2004 City Clerk Date of Publication: June 24, 2004 Effective Date: July 24, 2004 (Brackets indicate matter to be deleted, underline indicates new matter.)