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Home My WebLink About1997-10 08-06 AP City M Brooklyn Center (Of[icial Publication) C1TY OF BItOOKi.YN CENTEB �JVN NOTICE OP`QRl'/INANCE ADOPTION OR1��riLtNCE NO. 87-10 INTERIM EMERG�+TdCY-ORDINANCE FOR THE l�XAT1f�N$ PURPOSE OF PROTECTING THE PLANNING ■aranwt surno�e a�.r6ror PROCES3 AND THE HEALTH, SAFETY, AND WEL- AFFIDAVIT OF PUBLICATION Fnx� OF T� ftESID�rrrs OF �E Crrsr, arrD x�GU- LATING AND RESTRIC'1`ING DEVELOPMENT OF ED- UCATIONAL AND"RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDU3TAIAL AREAS OF THE STATE OF MIN N ESOTA) ��xE crrsr covrrciL oF TxE crrY oF sxooin.nv CENTER DOES ORDAIN AS FOLLOWS: SS. Section 1. Bac und. 1.01. In connectiofi with the consideTation of various COUNTY OF HENNEPIN� development or land use proposals in the City, City staR, the City's Comprehensive Plan Update Task D e n i s L. M 1 tl [J 8 IC Force, and the City Cauncil have considered the po- being duly sworn on an oath says that he/she is tential impact of development of educational or reli- gioua uaea in certain commercial and induatrial areas of the City. As a result oEthat review proceas, the Coun- the publisher or authorized agent and employee of the publisher of the newspaper known as �;i aece�inea chat the ��;,�,�ent �8na �o�cra�e a�a not adequately addreas varioua land uae concerns in S u n- P o s t Af1(� hAS fUII ICf10W18�198 Of tIl@ faC1S these areas. Among thoae concerns aze that cunent controls on educational and religioua uses in commer- which are stated below cial and induatrial iones are not adequate to:' a. protect minoreSmm undesirable or dangerous' wnditions that may exiat in commercial or indus- (A) The newspaper has complied with all of the requirements constituting qualification as a rri� Zo�� n��Ua�ng noise, dust,' fumes, trattic, and inappropriate social influences; b. preserve commercial and industrial land for qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07 811(� OtI19f BpPIICAbI@ uses which provide more joba in the community c. preserve commercial land for uses which pro- �SWS, 8S A�TI@�1fI8C�. vide wnvenient aervices and shopping For resi- dents; (B) The printed 0 r d i n a n c e N 0. �I �T J,O d. preserve commercial land for uaes which sup- port other nearby commercial activitiea by draw- ing ahoppera to the area for multiple-atop ahop- ping actavities; e. prwide for placement of uaea involving minors which is attached was cut from the columns of said newspaper, and was printed and published �n a=e� oe cne e�c wn��n na�e aaeQ�ace p�� and <.:.tional opportunitiea to which they have Of1C8 8aCf1 W@@ fOf safe and reasonable accese; and 0 n e SUCC@SSIV@ W8@�CS it was fi�st published c asaure that usea in commercial zones are com- patible and will not reduce property values of ad- On W e d n e s d a v the day of A U� U 5 t 9 9 7, gnd WaS tFl@f@8n@f ]acent or nearby properties; impede orderly devel-' opment or redevelopment; or cauae diainvesG' rinted and UbIISh@d On @Ve ment, decline in'commercial activity, or urban P P �Y t0 a�ld InClUdlflg decay and deterioration. 1.02. The Council has determined that there is a need Zhe day of 19 elfld Pfl�lt@CI belOW IS S COP�/ Of forfurtherstudiestobeconductedaothattheCitymay adopt appropriate amendments to ita Gomprehensive Plan and wning cude so as to enaure protection of the trw �ower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the Pubs� he�ct, safety, and welfare. The Counal has di- rected that auch atudiea be undertaken. size and kind of rype used in the eomposition and publication of the notice 1.03. The Council has therefore determined that there ia a need for an interim o=dinance to be adopted for the abcdefghijklmnopqntuvxrxys purpoae of protecting the planning proceas and the health, eafety, and welfare of the citiaens of the City i and enauring that the City and ita atizena retain the ��i benefits of, and protection sought to be aft'orded by, the BY: City's Comprehensive Plan and zoning ordinancea o until such studies are completed, and ang modi6ca- TITIE P U b( 1 5 Il f Wa� ��e City�s,Comprehenaive Plan and wning and land use tegul8tions are effedive. 1.04. The Council has detiermined that adoption of an Aeknowledged before me on this r emergency ordinance ia neceseary to aerve the purpos- 6 ea deacribed in paragraph 1.03 until an interim ordi- dSy Of iQ U U 5 t g 9 7, nance can become efTective. 3ection.2. ]�g�c�yp8yipn. �/�1 2.01. This interim ordinance shall apply to all of the following properties: All that property zoned C1A, C2, I l, and_PUD which is r�� lceated within the area bounded by a continuous line _s�a.m.aar beginning at a point located' at the interaection of 69th NO fy PUbIIC and Aumboldt Avenues North and going southerly along the centerline of Humlioldt Avenue Lo T.H. 100; thence southwesteriy along the centerline oFT.H. 100 to its interaection with Brooklyn Boulevazd; thence northerly along the cegterline of Braoklyn Boulevard to its interaection with 59th Avenue North; thence east- .E. t: erly along the centerline of 59th Avenue extended to i, Shingle Creek; thence riortherly along the centerline of Shingle Creek to Interstate 94L694; thence northweat- erly along the centerline of Interstate 94/694 to ita in- tereection with Xerxea Avenue North; thence norCFierv ly along the' centerline of Xerxea Avenue to its inter- RATE (NFORMATION section with Shingle Qreek Parkway; thence north weaterly along the centerline of Shingle Creek' Park- (1) Lowest elassified rate paid by commereial users 2.55 D9f I1f18 x'ay to ita intersection with 69th Avenue North; thence easterly along the centerline of 69th'Avenue to the fOf CORIPSf8�@ SPBC@ point of beginning. 2A2. Duringthe period'this interim ordinance is in ef- 2 Maximum �ate allowed law for the above matter re�c no property within the eubject area may be devel- by 620 oer Hne oped; redeveloped, nor ehall any site plan approvals, rezonings, licenaes (other than renewals), plattings or replattings, land diviaiona or consolidationa, speeial j �iate actually charged tor the above matter 1.20 per line use permrts, ur 6uildingpeTmits 6e isaued by t-he CiGy for any educational or religious usea. 2.03: Thie ordinance ahall remain in effect until the aixty-Srst day following it;�<adoption or such eaz6er date as my be adopted by the City Council 8ection 3. App icab'I.tv 3.01:17tis ordinance appliea to any application for site plan approvals, Tezonings, licenaea, plattings or're- plattings, land divisiona or conaolidatione, epecial use permits, or building permita that have not received preliminary approval by the City Council before the date of adoption o�'thia ordinance. Section 4.=_F.ffect on Pe�dine AooLcations. 4.01' All applicationa subject to this moratoriumwhich are pending ot which ai�e received during the time this ordinance is in effect ahall bedeemed to be denied for purpoAea of Minnesota $tatutes, Section 15.99. The City Manag�r shall cause notification of auch denial to be given to all applicants atating the adoption of �this ordinance as the reason therefor. Feea paid in connec- tion with such applicationa ahall be returned or re- funded to the applicant. Section fi. Effective Date. 6.01. This ordinance ia effective upon adoption:' Adopted this 28th day oFJuly, Y99Z Mayor ATTES7` City Cierk Date of Publication Auguat 6, 1997 Effective Date July 28, 1997 (Brackets indicate matter to be deleted, underline in- dicaEea new matter.) (Aug 6, 1997)PUCtyBrklyn CntsDRD 97-10