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HomeMy WebLinkAbout2018-10 07-23 CCOCITY OF BROOKLYN CENTER NOTICE OF ORDINANCE ADOPTION ORDINANCE NO. 2018-10 AN INTERIM ORDINANCE AUTHORIZING A STUDY AND PLACING A MORATORIUM ON THE SEARS PROPERTY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Legislative Findings. The City Council of the City of Brooklyn Center ("City") hereby finds and determines as follows: 1.01. The City Council has the authority under Minnesota Statutes, section 462.355. subdivision 4 to adopt an interim ordinance "applicable to all or part of its jurisdiction" to "regulate, restrict, or prohibit any use, development, or subdivision" within the City if it has authorized a study to be conducted or has scheduled a hearing for the purpose of considering an amendment to its comprehensive plan or official controls. 1.02. 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 emer g ency ordinance in that waiting the several weeks for it to go into effect would undermine the purpose and authority to adopt an interim ordinance. 1.03. The City is in the process of updating its comprehensive plan. 1.04. The City has enaed in extensive Dlanning and has developed guidance for the Shingle Creek development area located between Highway 100, County Road 10, and east of Xerxes Avenue North ("Shingle Creek Development Area"). With the exception of certain properties that were already utilized and had not been redeveloped in several years. 1.05. One such DrODertv that had not specifically been planned for as cart of the overall development guidance for the Shingle Creek Development Area is the property (PID 03-118-21-44-0026) owned by Sears Roebuck and Company located at 1297 Shingle Creek Drive and le g ally described as Registered Land Survey No. 0936 Hennenin County. Minnesota ("Sears Property"). 1.06. A recent announcement indicated that the Sears store located on the Sears Property would be closing in the fall of 2018, which raises the potential for redevelopment of the property in the near term. 1.07. Development of the Sears Property occurring before the City has an opportunity to study the planning and zoning for the property. determine ORDINANCE NO. 2018-10 whether any changes are needed, and to take action to develop and adopt any such changes could result in development that is inconsistent with other development in the Shingle Creek Development Area and have lasting negative effects. 1.08. In order to urotect the nlannmnn urocess and to uromote consistency within the Shingle Creek Development Area, the City Council determines it is in the best interests of the public to place a temporary moratorium on the development of the Sears Property while the City conducts a study to determine how best to guide development of the Sears Property and to determine if it is appropriately zoned. Section 2. Study Authorized. The City Council hereby authorizes City staff. as directed by the City Manager, to conduct a study of the current planning and zoning for the Sears Property, determine whether the guidance in the comprehensive plan and the zoning for the Sears Property should be revised to be more consistent with the planned guidance for and zoning of the other properties in the Shingle Creek Development Area, and to develop any recommended amendments for consideration by the City Council. Section 3. Moratorium. To ensure that no new construction or expansion occurs on the Sears Property that might be inconsistent with the appropriate guidance in the comprehensive plan or the zoning for the Sears Property that may be identified from the study authorized herein, the City hereby imposes, for the term of this interim ordinance, a moratorium on the acceptance, processing, or issuance of any development applications or approvals includmnn, but not limited to, preliminary plats, rezoninas, variances, conditional use permits, site plans, planned unit developments, and permits for the construction or expansion of any building on the Sears Property. The moratorium imposed by this interim ordinance shall not apply to applications for permits or approvals that seek only to maintain or repair, without expanding, an existing building on the Sears Property. Section 4. Effective Date and Term. This interim ordinance shall go into effect immediately upon adoption and shall remain in effect for 12 months, or upon the effective date of any rezoning or comprehensive plan amendment related to the Sears Property adopted in furtherance of the recommendations resultina from the study, whichever occurs first. The City Council may also act by resolution to terminate this interim ordinance prior to the expiration of the term established herein. Section 5. Enforcement. The City may enforce this interim ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. Section 6. Senarabilitv. Every section. urovision or nart of this interim ordinance is declared separable from every other section, provision or part of this ordinance. If any section. provision or part of this interim ordinance is held to be invalid by a court of competent jurisdiction, such iudment shall not invalidate any other section. orovision. or oart of this interim ordinance. ORDINANCE NO, 2018-10 Adopted this day of_july , 2018. / / - ( Mayor ATTEST: City Clerk Date of Publication Auqust 2, 2018 Effective Date 1ngis1- 3, 2018 (Strikeout indicates matter to be deleted, double underline indicates new matter.)