HomeMy WebLinkAbout2003-18 10-27 CCOCITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 27 day of October 2003at 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 Interim Ordinance for the Purpose of Protecting the Planning Process and Health,
Safety and Welfare of the Residents of the City, and Regulating and Restricting Development of
religious uses in certain commercial and industrial areas of the City. Auxiliary aids for handicapped
persons 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. 2003 -18
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 OF RELIGIOUS USES IN CERTAIN COMMERCIAL AND
INDUSTRIAL AREAS OF THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS
FOLLOWS:
Section 1. Background.
1.01. The City Council has determined that current land use controls on religious uses in
commercial and industrial zones are not adequate to:
a. protect minors from undesirable or dangerous conditions that may exist in
commercial or industrial zones including noise, dust, fumes, traffic and
inappropriate social influences;
b. preserve commercial and industrial land for uses that provide more jobs in
the community;
c. preserve commercial land for uses that provide convenient services and
shopping for residents;
d. preserve commercial land for uses that support other nearby commercial
activities by drawing shoppers to the area for multiple -stop shopping
activities;
e. provide for placement of uses involving minors in areas of the city that have
adequate parks and recreational opportunities to which they have safe and
reasonable access; and
f. assure that uses in commercial zones are compatible and will not reduce
property values of adjacent or nearby properties; impede orderly
development or redevelopment; or cause disinvestment, decline in
commercial activity, or urban decay and deterioration.
ORDINANCE NO. 2003 -18
1.02. The Council has determined that there is a need for further studies to be conducted
so that the City may adopt appropriate amendments to its Comprehensive Plan and
zoning code so as to ensure protection of the public health, safety and welfare. The
Council has directed that such studies be undertaken.
1.03. The Council has therefore determined that there is 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 are completed, and
any modifications to the City's Comprehensive Plan and zoning and land use
regulations are effective.
Section 2. Determination.
2.01. This interim ordinance shall apply to all properties in the City zoned C -1, PUD C -1,
C -1A, PUD C -1A, C -2, PUD C -2, I -1, PUD I-1, 1-2, PUD 1 -2, and PUD Mixed.
2.02. During the period this interim ordinance is in effect, no property within the subject
area may be developed or 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
religious uses.
2.03. This ordinance shall remain in effect for six months following its effective date,
unless earlier modified, repealed or extended by the City Council.
Section 3. Applicability.
3.01. This ordinance 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 date of adoption of this ordinance.
Section 4. Effect on Pending Applications.
4.01 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 with such applications shall be returned or
refunded to the applicant.
ORDINANCE NO. 2003 -18
Adopted this 27 day of October 2003.
Attest:
Section 5. Effective Date.
5.01. This ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
City Clerk
Date of Publication: November 6, 2003
Effective Date: December 6, 2003
Mayor a