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HomeMy WebLinkAbout1989-13 06-12 CCO CITY OF` BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of Sane 1989 at 7.30 p.m. 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 Certain Development at the Property located at 6626 West River Road and 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 561 -5440 to make arrangements. ORDINANCE NO. 89 -13 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 CERTAIN DEVELOPMENT AT THE PROPERTY LOCATED AT 6626 WEST RIVER ROAD AND 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of an application for rezoning of a portion of the property affected by this ordinance (which application has been withdrawn by the applicant), City staff, consultants, Planning Commission, the Northeast Neighborhood Advisory Group, and the City Council have reviewed the existing and potential development in the area. 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 the area. Among these concerns are inadequate or inappropriate buffering of nearby residential usez, nonconforming uses, zoning ordinances which are not consistent with the City's Comprehensive Land Use Plan, insufficient or hazardous traffic circulation, changes in land use and roadways which have occurred since current zoning controls were adopted, and adjacent or nearby land uses or potential uses which are riot compatible. 1.02. There is a need for further studies to be conducted so that the City can 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. There is a need for an interim ordinance to be adopted for the purpose o�Fprotecting the planning: process and he health, safety and welfare of the citizens of the City and to ensure 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 have been completed and any modifications to the City's Comprehensive Plan and zoning and land use regulations are accomplished. ORDINANCE No. 89 -13 1.04. All of the zoning classifications which are reasonably likely to be adopted for those parts of the area currently zoned R5 or C2 arlow, either as permitted or special uses, cerFa-f service /office uses. Therefore, an absolute prohibition cn the development of such uses is not warranted. 1.05. Minnesota Statues, Section 462.355, Subd. 4 (Act) permits the adoption of interim zoning ordinances during the planning process. Section 2. Determination. 2.01. This interim ordinance shall apply to the property at 6626 West River Road and all property south of 66th Avenue and north of 1 -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 uses other than those expressly allowed in paragraph 2.03 of this ordinance. 2.03. The provisions of paragraph 2.02, shall not apply in C2 zones to permitted uses which are also permitted uses in C1 zones of the City and shall not apply in R5 zones to special uses which are also permitted uses in C2 zones of the City. 2.04. This ordinance shall remain in effect for a period of six months after its effective date or such earlier date as may be adopted by the City Council, provided that if the study and planning process have not been completed within such period this ordinance may be extended for such additional periods as are deemed necessary by the City Council not to exceed an additional eighteen months as permitted by the Act 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 following its legal publication. ORDINANCE NO. 89-13 Adopted this 12th day of June , 1989. Mayor City Clerk Date of Publication: May 17, 1989 Effective Date: June 15, 1989 (Brackets indicate matter to be deleted, underline indicates new matter.) �I a i i •