HomeMy WebLinkAbout1997-11 08-25 CCO CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 25th day of Au�ust 1997, 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 of Educational and Religious Uses in Certain Commercial and Industrial Areas of the
City.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
Please contact the City Clerk at 569-3300 to make arrangements.
ORDINANCE NO. 97-11
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
EDUCATIONAL AND RELIGIOUS USES IN CERTAIN COMMERCIAL AND
INDUSTRIAL AREAS OF THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTE� DOES ORDAIN AS
FOLLOWS:
Section 1. Back�round.
1.01. In connection with the consideration of various development or land use
proposals in the City, City staff, the City's Comprehensive Plan Update Task
Force, and the City Council have considered the potential impact of development
of educational or religious uses in certain commercial and industrial areas of the
City. As a result of that review process, the Council has determined that the
current land use controls do not adequately address various land use concerns in
these areas. Among those concerns are that current controls on educational and
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 which provide more jobs
in the community;
c. preserve commercial Iand for uses vvhich provide convenient services and
shopping for residents;
d. preserve commercialland for uses which support other nearby commercial
activities by drawing shoppers to the area for multiple-stop shopping
activities;
ORDINANCE N0. 97-11
e. provide for placement of uses invol�ing minors in areas of the City which
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.
1.02. The Council has determined that ther� 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 protectiun 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 �f the following properties:
All that property zoned C1A, C2, I1, and PUD which is located within the area
bounded by a continuous line beginning at a point located at the intersection of
69th and Humboldt Avenues North and going southerly along the centerline of
Humboldt Avenue to T.H. 100; thence so��liwesterly along the centerline of T.H.
100 to its intersection wit�i Brooklyn ��ulevard; thence northerly along the
centerline of Brooklyn Bo�levard to its intersection with 59th Avenue North;
thence easterly along the centerline of 59th Avenue extended to Shingle Creek;
thence northerly along the centerline of Shingle Creek to Interstate 94/694;
thence northwesterly along the centerline �f Interstate 94/694 to its intersection
with Xe�es Avenue North; thence nor�herly along the centerline of Xerxes
Avenue to its intersection �vith Shingle Creek Parkway; thence northwesterly
along the centerline of Shingle Creek �arkway to its intersection with 69th
Avenue North; thence easterly along the �enterline of 69th Avenue to the point
of beginning.
2.02. During the period this interim ordinance is in effect, no property within the
subject area may be developed or redevelc�ped, nor shall any site plan approvals,
rezonings, licenses (other than renewals), �lattings or replattings, land divisions
or consolidations, special use permits, ox building permits be issued by the City
for any educational or religious uses.
oxDZ�vcE No. ��-11
2.03. This ordinance shall remain in effect for one year following its effective date,
unless earlier modified, repealed, or extended by the City Council.
Section 3. A�plicabilitv_.
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 Pendin� Annlications.
4.01 All applications subject tc� this moratorium which are pending or which 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 Ciry 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.
Section 5. Effective Date.
5.01. This ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this 25th day of Au�ust 1997.
Mayar
I
ATTEST: ���'�/t� fl/�tiv�
City Clerk
Date of Publication Se�tember 3, 1997 and August b, 1A97
Effective Date October 3. 1�97
(Brackets indicate matter to be deleted, underline indicates new matter.)