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HomeMy WebLinkAbout2018-10 08-02 AP-Public Notice Ad Proof- Ad ID: 839348 Copy LIne: Ordinance No. 2018-10 PO Number: ORD2018-10 Start: 08/02/18 Stop: 08/02/2018 Total Cost: $249.90 # of Lines: 187 Total Depth: 20.778 # of Inserts: 1 Ad Class: 145 Phone # (763) 691-6000 Email: publicnotice@ecm-inc.com Rep No: SE700 Date: 07/24/18 Account #: 413069 Customer: CITY OF BROOKLYN CENTER ~ Address: 6301 SHINGLE CREEK BROOKLYN CENTER Telephone: (612) 569-3440 Fax: This is the proof of your ad scheduled to run on the dates indicated below. Please proof read carefully if changes are needed, please contact us prior to deadline at Cambridge (763) 691-6000 or email at publicnotice@ecm-inc.com Ad Proof Enlarged Publications: SP Brooklyn Ctr/Brooklyn Park Contract-Gross CITY OF BROOKLYN CENTERNOTICE OF ORDINANCE ADOPTIONORDINANCE NO. 2018-10AN 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 Find- ings. 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 Stat- utes, section 462.355, subdivision 4 to adopt an interim ordinance “applicable to all or part of its ju- risdiction” 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 amend- ment to its comprehensive plan or official controls. 1.02. The adoption of an in- terim ordinance does not require a public hearing and is not subject to the City’s standard ordinance adoption process as it is in the na- ture of an emergency 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 pro- cess of updating its comprehensive plan. 1.04. The City has engaged in extensive planning and has de- veloped guidance for the Shingle Creek development area located between Highway 100, County Road 10, and east of Xerxes Ave- nue North (“Shingle Creek Devel- opment Area”). With the excep- tion of certain properties that were already utilized and had not been redeveloped in several years. 1.05. One such property that had not specifically been planned for as part of the overall devel- opment 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 legally described as Registered Land Survey No. 0936 Hennepin County, Minnesota (“Sears Property”). 1.06. A recent announcement indicated that the Sears store lo- cated on the Sears Property would be closing in the fall of 2018, which raises the potential for redevelop- ment 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 whether any changes are needed, and to take action to develop and adopt any such changes could result in de- velopment that is inconsistent with other development in the Shingle Creek Development Area and have lasting negative effects. 1.08. In order to protect the planning process and to promote 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 de- velopment of the Sears Property while the City conducts a study to determine how best to guide devel- opment 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 oth- er properties in the Shingle Creek Development Area, and to develop any recommended amendments for consideration by the City Coun- cil. Section 3. Moratorium. To en- sure that no new construction or expansion occurs on the Sears Property that might be inconsis- tent 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 here- by imposes, for the term of this interim ordinance, a moratorium on the acceptance, processing, or issuance of any development ap- plications or approvals including, but not limited to, preliminary plats, rezonings, 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 approv- als that seek only to maintain or re- pair, 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 compre- hensive plan amendment related to the Sears Property adopted in fur- therance of the recommendations resulting 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 ordi- nance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdic- tion. Section 6. Separability. Every section, provision or part of this interim ordinance is declared sep- arable 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 ju- risdiction, such judgment shall not invalidate any other section, pro- vision, or part of this interim ordi- nance. Adopted this 23rd day of July 2018. Mayor Tim Willson ATTEST: City Clerk Barbara Suciu Date of Publication: August 2, 2018 Effective Date: August 3, 2018 (Strikeout indicates matter to be deleted, double underline indicates new matter.) Published in the Brooklyn Center Sun Post August 2, 2018 839348 CITY OF BROOKLYN CENTERNOTICE OF ORDINANCE ADOPTIONORDINANCE NO. 2018-10AN INTERIM ORDINANCE AUTHORIZING A STUDY AND PLACING A MORATORIUM ON THE SEARS PROPERTYTHE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:Section 1. Legislative Find-ings. 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 Stat-utes, section 462.355, subdivision 4 to adopt an interim ordinance “applicable to all or part of its ju-risdiction” 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 amend-ment to its comprehensive plan or official controls.1.02. The adoption of an in-terim ordinance does not require a public hearing and is not subject to the City’s standard ordinance adoption process as it is in the na-ture of an emergency 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 pro-cess of updating its comprehensive plan.1.04. The City has engaged in extensive planning and has de-veloped guidance for the Shingle Creek development area located between Highway 100, County Road 10, and east of Xerxes Ave-nue North (“Shingle Creek Devel-opment Area”). With the excep-tion of certain properties that were already utilized and had not been redeveloped in several years.1.05. One such property that had not specifically been planned for as part of the overall devel-opment 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 legally described as Registered Land Survey No. 0936 Hennepin County, Minnesota (“Sears Property”).1.06. A recent announcement indicated that the Sears store lo-cated on the Sears Property would be closing in the fall of 2018, which raises the potential for redevelop-ment 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 whether any changes are needed, and to take action to develop and adopt any such changes could result in de- velopment that is inconsistent with other development in the Shingle Creek Development Area and have lasting negative effects. 1.08. In order to protect the planning process and to promote 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 de- velopment of the Sears Property while the City conducts a study to determine how best to guide devel- opment 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 oth- er properties in the Shingle Creek Development Area, and to develop any recommended amendments for consideration by the City Coun- cil. Section 3. Moratorium. To en- sure that no new construction or expansion occurs on the Sears Property that might be inconsis- tent 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 here- by imposes, for the term of this interim ordinance, a moratorium on the acceptance, processing, or issuance of any development ap- plications or approvals including, but not limited to, preliminary plats, rezonings, 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 approv- als that seek only to maintain or re- pair, 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 compre- hensive plan amendment related to the Sears Property adopted in fur- therance of the recommendations resulting 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 ordi- nance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdic- tion. Section 6. Separability. Every section, provision or part of this interim ordinance is declared sep- arable 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 ju- risdiction, such judgment shall not invalidate any other section, pro- vision, or part of this interim ordi- nance. Adopted this 23rd day of July 2018. Mayor Tim Willson ATTEST: City Clerk Barbara Suciu Date of Publication: August 2, 2018 Effective Date: August 3, 2018 (Strikeout indicates matter to be deleted, double underline indicates new matter.) Published in the Brooklyn Center Sun Post August 2, 2018 839348 CITY OF BROOKLYN CENTERNOTICE OF ORDINANCE ADOPTIONORDINANCE NO. 2018-10AN INTERIM ORDINANCE AUTHORIZING A STUDY AND PLACING A MORATORIUM ON THE SEARS PROPERTYTHE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:Section 1. Legislative Find-ings. 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 Stat-utes, section 462.355, subdivision 4 to adopt an interim ordinance “applicable to all or part of its ju-risdiction” 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 amend-ment to its comprehensive plan or official controls.1.02. The adoption of an in-terim ordinance does not require a public hearing and is not subject to the City’s standard ordinance adoption process as it is in the na-ture of an emergency 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 pro-cess of updating its comprehensive plan.1.04. The City has engaged in extensive planning and has de-veloped guidance for the Shingle Creek development area located between Highway 100, County Road 10, and east of Xerxes Ave-nue North (“Shingle Creek Devel-opment Area”). With the excep-tion of certain properties that were already utilized and had not been redeveloped in several years.1.05. One such property that had not specifically been planned for as part of the overall devel-opment 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 legally described as Registered Land Survey No. 0936 Hennepin County, Minnesota (“Sears Property”).1.06. A recent announcement indicated that the Sears store lo-cated on the Sears Property would be closing in the fall of 2018, which raises the potential for redevelop-ment 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 whether any changes are needed, and to take action to develop and adopt any such changes could result in de-velopment that is inconsistent with other development in the Shingle Creek Development Area and have lasting negative effects.1.08. In order to protect the planning process and to promote 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 de-velopment of the Sears Property while the City conducts a study to determine how best to guide devel-opment 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 oth-er properties in the Shingle Creek Development Area, and to develop any recommended amendments for consideration by the City Coun-cil.Section 3. Moratorium. To en-sure that no new construction or expansion occurs on the Sears Property that might be inconsis-tent 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 here-by imposes, for the term of this interim ordinance, a moratorium on the acceptance, processing, or issuance of any development ap-plications or approvals including, but not limited to, preliminary plats, rezonings, 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 approv-als that seek only to maintain or re-pair, 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 compre-hensive plan amendment related to the Sears Property adopted in fur-therance of the recommendations resulting 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 ordi-nance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdic-tion.Section 6. Separability. Every section, provision or part of this interim ordinance is declared sep-arable 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 ju-risdiction, such judgment shall not invalidate any other section, pro- vision, or part of this interim ordi- nance. Adopted this 23rd day of July 2018. Mayor Tim Willson ATTEST: City Clerk Barbara Suciu Date of Publication: August 2, 2018 Effective Date: August 3, 2018 (Strikeout indicates matter to be deleted, double underline indicates new matter.) Published in the Brooklyn Center Sun Post August 2, 2018 839348