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HomeMy WebLinkAbout1993-12 10-06 APbIATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) L J Canning being duly swom on an oath says that he/she is the publisher or authorized agent AFFIDAVIT OF PUBLICATION and employee of the publisher of the newspaper known as B. Park/ B. Center Sun Post stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Notice of Public Hearing which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Wednesday the 6 day 0 c t 19 9 3 and was thereafter printed and published on every to and including the day of a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz 1 n C PAMELA ANN MILLER NOTARY PUBLIC MINNESOTA CARVER COUNTY My Comm. Expires Jan 18,1999 Acknowledged before me on this 12 dayof Octo. (3) Rate actually charged for the above matter a z.,e,,,k7;vt4. V TITLE: G Aral Manage r BY: RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter and has full knowledge of the facts which are 19 and printed below is 1.60 per line (Line, word, or inch rate) 96.8' per line (Line, word, or inch rate) 72. per line (Line, word, or inch rate) City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held on the 25th day of October, 1993 at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an interhn Ordinance for the Purpose of Protecting the Planning Proces# and Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on all Land South of 66th Avenue and North of 1-694 Lying Between Willow Lane and Highway 252. Auxiliary aids for handicapped persons are available upon request at least 96 hours in ad- vance. Please contact the City's Personnel Coordinator at 5693300 to make arrangements. ORDINANCE NO. 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 ON ALL LAND SOUTH OF 66th AVENUE AND NORTH OF 1-694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background. 1.01. In connection with the consideration of an application for rezoning and permits for development of a portion of the property affected by this ordinance, City staff, con- sultants, Planning Commission, the Northeast Neighborhood Advisory Group and the City Council reviewed the existing and potential development in the area. As a result of that review process, the Council determined that the current land use controls did not adequately address various land use concerns in the area. Among these concerns were inadequate or inappropriate buffering of nearby residential uses, nonconform- ing uses, zoning ordinances which were not consistent with the City's Comprehen- sive Land Use Plan, insufficient or hazardous traffic circulation, changes in land use and roadways which occurred since current zoning controls were adopted, and adja- cent or nearby land uses or potential uses which were not compatible with permitted uses or special uses in the affected area. 1.02. The Council determined that there was a need for further studies to be conducted so that the City could adopt appropriate: amendments to its Comprehensive Plan and zoning code so as to ensure protection of the public health, safety and welfare. The Council directed that such studies be undertaken. 1.03. Studies and amendments to the City code which were considered in connection with earlier reviews of the official controls applicable to the affected area were not acted upon by the City council. 1.04. As a result of consideration of an application for a special use permit for a filling station andcar wash on a portion of the property affected by this ordinance, the Council has determined that the current zoning of the affected area is not, or may not be, appropriate or sufficient to protect the public health, safety or welfare for a number of reasons. These reasons include, but are not limited to, the following; a. The proposed use would have unacceptably adverse impacts on surrounding uses because of 24 hour activity, noise, lights, glare and traffic. b. Such adverse impacts cannot be adequately mitigated by site design or improvements. c, Many of these adverse impacts would result from permitted uses as well as special uses under current zoning. 1.05. A hearing has been scheduled for the purpose of considering amendment of the Com- prehensive Plan and zoning code. 1.06. The Council has therefore determined that there is a need for an interim ordinance to be adopted for the purpose of pro tecting the planning process and the health, safe- ty 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 Comprehen- sive Plan and zoning ordinances until such hearing is held, 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 property south of 66th Avenue and north of I-694 between Willow Lane and Highway 252 (the subject area). 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 consolida tions, special use permits or building ppeertnits he issued by the City for any use. 2.03. This ordinance shall remain in effect until or such earlier date as may be adopted by the City Council, provided that if the consideration and adoption of amendments to the City s Comprehensive Plan and zoning code are not effective by the end of such period, this ordinance may be extended for such additional periods as are deemed necessary by the City Council and as are permitted by law. 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 effective date of this ordinance. Section 4, Effective Date. 4.01. This ordinance shall become effective after adoption and upon thirty (30) days follow- ing its legal publication. Adopted this day of 1993 City Clerk Date of Publication- Effective Date;