HomeMy WebLinkAbout1993-12 10-25 CCONotice is hereby given that a public hearing will be held on the 25thday of
October 1993 at 7:15 p m. 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 on all Land South of 66th Avenue and North of I -694 Lying
Between Willow Lane and Highway 252.
Auxiliary aids for handicapped persons are available upon request at least 96
hours in advance. Please contact the City's Personnel Coordinator at 569 -3300 to
make arrangements.
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS
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CITY OF BROOKLYN CENTER
ORDINANCE NO. 93 -12
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 I -694 LYING BETWEEN WILLOW LANE
AND HIGHWAY 252.
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, consultants, 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, nonconforming uses, zoning
ordinances which were not consistent with the City's Comprehensive
Land Use Plan, insufficient or hazardous traffic circulation, changes
in land use and roadways which occurred since current zoning controls
were adopted, and adjacent 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 applicabld to the
affected area were not acted upon by the City Council.
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ORDINANCE NO. 93 -12
1.04. As a result of consideration of an application for a special use permit for
a filling station and car 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 Comprehensive 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 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 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 consolidations, special use permits or
building permits be issued by the City for any use.
2.03. This ordinance shall remain in effect until January 25, 1994, 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
2
ORDINANCE NO. 93 -12
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 following its legal publication.
Deputy City Clerk
Adopted this 25th day of October 1993.
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Date of Publication: October 6, 1993
Effective Date: November 5, 1993
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