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HomeMy WebLinkAbout2018-05 05-29 CCOCITY OF BROOKLYN CENTER ORDINANCE NO. 2018-05 AN INTERIM ORDINANCE REGULATING AUTOMOBILE DEALERSHIP OFF-SITE VEHICLE STORAGE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Legislative Findings. The City Council of the City of Brooklyn Center ("City") hereby finds and determines as follows: a.The City Council has the authority under Minnesota Statutes, section 462.355, subdivision 4 to adopt an interim ordinance to regulate or impose restrictions on uses if it has scheduled a hearing for the purpose of considering an amendment to its official controls; b.The adoption of an interim ordinance does not require a public hearing and is not subject to the City's standard ordinance adoption process as it is in the nature of an emergency ordinance in that waiting the several weeks before it went into effect would undermine the purpose and authority to adopt an interim ordinance; c.The City Council is in the process of considering an amendment to Chapter 35 of the Brooklyn Center City Code ("Code") to establish a new Section 3 5-420 to allow the off- site storage of new vehicles by an automobile dealership in certain zoning districts with the issuance of an interim use permit; d.The City Council has schedule a public hearing on the proposed amendment to the Code before its Planning Commission on June 14, 2018; and e. The City Council determines that it is in the best interests of the public, and in furtherance of its efforts to promote economic development within the City, to adopt interim regulations on the off-site storage of vehicles by automobile dealerships while the ordinance proposing to establish permanent regulations on the off-site storage of vehicles works its way through the standard ordinance adoption process. Article II. Interim Regulations. During the term of this interim ordinance, the City may, by issuance of a certificate of compliance, allow the off-site storage of new vehicles by an automobile dealership on property ("Property") owned by the City or by the Economic Development Authority of Brooklyn Center, Minnesota ("EDA") within the I-i, 1-2, or C-2 districts subject to compliance with all of the following requirements and restrictions: a. The automobile dealership must enter into a temporary lease agreement with the City or the EDA for use of its Property for the storage of the vehicle that, at a minimum, address each of the following: ORDINANCE NO. 2018-05 1.Security for the Property, including how access to the Property will be controlled; 2.The area on the Property that may be used for the storage of vehicles; The length of the temporary lease and that the use of the Property for vehicle storage may only occur upon issuance of a certificate of compliance and must cease if the proposed amendment to the Code to allow the use is not adopted or if the automobile dealership fails to obtain an interim use permit under the amended Code within 60 days from the date the amendment goes into effect; and 4. Any particular restrictions on how the Property is accessed; b.Only operable new vehicles that are available for sale or lease to customers as part of the automobile dealership's business operations may be stored on the Property; c.Vehicles may only be brought to or removed from the Property Monday through Saturday, between the hours of 8:00 a.m. and 6:00 p.m.; d.No signage, other than minimal directional signage internal to the site, shall be permitted on the Property; e.No vehicle repairs, sales, cleaning or detailing shall occur on the Property; f.Only employees or contractors of the automobile dealership shall be allowed on the Property related to the storage use; g.Vehicles shall be stored on the Property in an orderly fashion with drive aisles, allowing vehicles to enter and exit the Property without having to move other vehicles; and h. An approval issued pursuant to this interim ordinance is not transferable. Article III. Effective Date and Term. This interim ordinance shall go into effect immediately upon adoption and shall remain in effect for 120 days or upon the effective date of the proposed amendment to the Code addressing the off-site storage of vehicles by an automobile dealership if adopted, whichever occurs first. Article IV. Penalty. A violation of this interim ordinance is punishable as a misdemeanor. Adopted this 29 th day o 1 May, 2018 . 7L ^-Z z^ Mayor ATTEST: PIZUJ - City Clerk