HomeMy WebLinkAbout1997-10 07-28 CCO CITY OF BROOKLYN CENTER
ORDINANCE NO. 97 -10
INTERIM EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTiNG
THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF
THE RESIDENTS OF THE CITY, AND R�GULATING AND RESTRICTING
DEVELOPMENT OF EDUCATI�NAL ANI� RELIGIOUS USES IN CERTAIN
COMMERCIAL AND 1NDUSTRIAL AREAS OF THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 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 �ommercial and industrial areas of the
City. As a result of that review process, the Council determined that the current
land use controls did not ac�equately add�ess various land use concerns in these
areas. Among those concerns are that current controls on educational and
religious uses in commerci�l and industrial zones are not adequate to:
a. protect minors from undesirable or dangerous conditions that may exist in
commercial or industrial zones incl�zding noise, dust, fumes, traffic, and
inappropriate social ir�fluences;
b. preserve commercial and industrial land for uses which provide more jobs
in the community;
c. preserve commercial land for uses �rhich provide convenient services and
shopping for residents;
d. preserve commercial la�d for uses w�ich support other nearby com�ercial
activities by drawing shoppers to �he area for multiple-stop sho��ing
activities;
e. provide for placement of uses invol��ing minors in areas of the City which
have adequate parks and recreational �pportunities to which they h�ve safe
and reasonable access; and
f. assure that uses in commercial zones are compatible and wil� not reduce
property values of �djacent or nearby properties; impede orderly
ORD�NANCE N0. 97-10
development or red�velo ment; �r cause disinvestment, decline in
P
commercial activity, or urban decay and deterioration.
1.02. The Council has determined that there is a need for further studies to be
conducted so that the City may adbpt 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 far 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.
1.04. The Council has determined that adoption of an emergency ordinance is
necessary to serve the purposes described in paragraph 1.03 until an interim
ordinance can become effective.
Section 2. Determination.
2.01. This interim ordinance shall apply to all of the following properties:
All that property zoned C1 A, C2, I1, and PUD which is located within the area
bounded by a continuous line beginning �t a point located at the intersection of
69th and Humboldt Avenues North and �oing southerly along the centerline of
Humboldt Avenue to T.H. 100; thence southwesterly along the centerline of T.H.
100 to its intersection with Brooklyn Boulevard; thence northerly along the
centerline of Brooklyn Boulevard to its �ntersection with 59th Avenue North;
thence easterly along the centerline of 59�h Avenue extended to Shingle Creek;
thence northerly along the centerline o� Shingle Creek to Interstate 94/694;
thence northwesterly along �he centerline of Interstate 94/694 to its intersection
with Xe�es Avenue North; thence northerly along the centerline of Xerxes
Avenue to its intersection vvith Shingle Creek Parkway; thence northwesterly
along the centerline of Shingle Creek Parkway to its intersectio� with 69th
Avenue North; thence easterly along the centerline 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, 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 educational or religious uses.
ORDINANCE N0. �7-10
2.03. This ordinance shall remain in effect until the sixty-first day following its
adoption or such earlier date as my be adopted by the City Council.
Section 3. Annlicabilitv.
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 to 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 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.
Section 5. Effective Date.
5.01. This ordinance is effective upon adoption
Adopted this 2�3th day of Julv 1997.
G %�y� c�2-a--�
Mayor
ATTEST: �����YL
City Clerk
Date of Publication Ata�ust 6, 1 R97
Effective Date Julv 2R, 1Q97
(Brackets indicate matter to be deleted, underline indicates new matter.)