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HomeMy WebLinkAbout2018-16 AP-Public Notice Ad Proof- Ad ID: 880712 Copy LIne: Ordinance No 2018-16 PH PO Number: ORD2018-16 Start: 11/22/18 Stop: 11/22/2018 Total Cost: $458.15 # of Lines: 343 Total Depth: 38.111 # of Inserts: 1 Ad Class: 150 Phone # (763) 691-6000 Email: publicnotice@ecm-inc.com Rep No: SE700 Date: 11/15/18 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 CENTER Notice is hereby given that a public hearing will be held on the 10th day of December, 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to elementary and secondary school interim uses in the City’s commer- cial and central commerce overlay districts. Auxiliary aids for handicapped persons are available upon re- quest at least 96 hours in advance. Please notify the City Clerk at 763- 569-3306 to make arrangements. ORDINANCE NO. 2018-16 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING ELEMENTARY AND SECONDARY SCHOOL INTERIM USE IN THE CITY’S COMMERCIAL AND CEN- TRAL COMMERCE OVERLAY DIS- TRICTS THE CITY OF BROOKLYN CEN- TER DOES ORDAIN: Article I. Brooklyn Center City Code, Chapter 35, Section 35- 310(3) regarding the R1 One Family Residence District is amended as follows: 3. Interim Uses a. Temporary classroom build- ings as an accessory use to a public or private elementary or secondary school offering a regular course of study accredited by the Minnesota Department of Children, Families and Learning, subject to the following procedures and con- ditions: in Section 35-430. 1) Interim use permits will be is- sued in accordance with the proce- dures and subject to the conditions stated in Section 35-220. 2) At the time of granting such a permit the Council shall specify a date or event that can be identified with certainty by which the interim use must be terminated and the structure(s) shall be removed from the site. In any event, however, such interim use shall not con- tinue beyond any date when the Council, or any other governmental body having the power of eminent domain, adopts a resolution ap- proving acquisition of the property by eminent domain, or the zoning of the property is changed to any classification under which the inter- im use is no longer permitted. 3) The Council may impose any conditions on such interim use which it deems necessary or expe- dient to protect the public health, safety or welfare or to assure that permission for the interim use will not impose additional costs on the public if it is necessary or expedient to take the property in the future. No such permit shall be issued unless the applicant first agrees in writing to the imposition of any such conditions. 4) In addition to any other con- ditions which may be imposed by the Council, the following restric- tions shall apply: aa. Applicable lot standards and sign regulations shall be observed. bb. A landscape and parking plan for the property shall be sub- mitted and approved by the Coun- cil. cc. Unless approved by the Council pursuant to this section and section 35-220, no new build- ings may be erected on the prop- erty and no existing buildings may be expanded while the interim use continues. dd. Temporary classrooms may be used for classrooms only and may not be used for storage or converted to another use. ee. The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet. Article II. Brooklyn Center City Code, Chapter 35, Section 35-322 regarding the C2 Commerce Dis- trict is amended as follows: 4. Interim Uses. a. Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota De- partment of Education, subject to the procedures and conditions in Section 35-430. Article III. Brooklyn Center City Code, Chapter 35 is amended by adding a new Section 35-430 as follows: Section 35-430. TEMPORARY SCHOOL USES. 1. Interim Use. The use of tem- porary classroom buildings as an accessory use to a permanent or temporary public or private ele- mentary or secondary school, and the use of property for a tempo- rary public or private elementary or secondary school, allowed by this Chapter shall not occur except upon issuance of an interim use permit in accordance with the pro- cedures and subject to the condi- tions stated in Section 35-220. 2. Application. An application for an interim use permit for a tem- porary school use allowed by this Chapter may only be submitted by an existing public or private elementary or secondary school located in the City of Brooklyn Center, offering a regular course of study accredited by the Minnesota Department of Education. The ap- plication for the interim use permit shall, in addition to the information required on the application form, include the following information. a. If the requested interim use permit is for an on-site temporary school building: (i) The number, size, and layout of any temporary classroom build- ings to be located on the school site; (ii) Setbacks of any proposed temporary classroom buildings to property lines; (iii) Elevations and/or renderings of the proposed temporary class- room buildings; (iv) The number of students that will be served by the temporary classroom buildings; and (v) The reason for the need for temporary classroom buildings and the length of time they will be in use. b. If the requested interim use permit is for an off-site temporary school: (i) The location of the proposed temporary school; (ii) The number of students and faculty that will occupy the school; (iii) A transportation plan, which includes bus times and routes, number of buses, number of an- ticipated drop-offs, and drop-off locations; (iv) A parking and circulation plan; (v) The reason for the need for the temporary school and the length of time it will be in use; and (vi) If exterior modifications to the building are proposed, eleva- tions and/or renderings of the pro- posed changes. 3. Issuance. An application for an interim use permit for a tempo- rary school use shall be processed in accordance with Section 35-220, except that the following additional standards shall also be considered: a. The proposed use must conform to the regulations in this Chapter; b. The date or event that will terminate the use can be identified with certainty; c. Allowing the use will not im- pose additional costs on the public if it is necessary for the public to take the property in the future; and d. The applicant agrees to the conditions the City Council impos- es on the use. 4. Conditions. The City Council may impose any conditions on the interim use permits it issues as it deems are necessary or expedient to protect the public health, safety or welfare, or to ensure the use will not impose additional costs on the public if it is necessary or expedi- ent to take the property in the fu- ture. Every interim use permit shall identify the date or event that will terminate the permit. The appli- cant shall either expressly agree in writing to the conditions imposed on the interim use permit or shall be deemed to have agreed to all such conditions without excep- tion or reservation if the applicant undertakes the use allowed by the permit. 5. Performance Standards. In addition to any conditions placed on an interim use permit by the City Council, the following restrictions shall apply to interim use permits issued for a temporary school use. a. For temporary classroom buildings: (i) Applicable lot standards and sign regulations shall be observed; (ii) A landscape and parking plan for the property shall be submit- ted and approved by the Council; (iii) Unless approved by the Council, no new buildings may be erected on the property and no ex- isting buildings may be expanded while the interim use continues; (iv) Temporary classrooms may be used for classrooms only and may not be used for storage or converted to another use; and (v) The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet. b. For temporary schools: (i) Applicable lot standards and sign regulations shall be observed; (ii) A parking and circulation plan shall be submitted and approved by the Council; and (iii) Unless approved by the Council, no new buildings may be erected and no existing buildings may be expanded on the property while the interim use continues. 6. Renewal. An application to renew an interim use permit for a temporary school use shall be sub- mitted no fewer than 90 days prior to the termination of the existing permit, and processed in the same manner as a new application. Article IV. Brooklyn Center City Code, Chapter 35, Section 35-2240 regarding the CC Central Com- merce Overlay District is hereby amended as follows: 3. Interim Uses. The fol- lowing uses are allowed in the CC Central Commerce Overlay District with the issuance of an interim use permit. a. Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota De- partment of Education, subject to the procedures and conditions in Section 35-430. 4. The following uses are not permitted in the CC Central Com- merce Overlay District: a. sauna establishments b. massage establishments c. currency exchanges d. pawn shops e. secondhand goods dealers 45. The following area is hereby established as being within the CC Central Commerce Overlay District: The CC Central Commerce Overlay District is located within the area bounded by a continuous line beginning at a point located at the intersection of John Mar- tin Drive and T.H. 100 and going southwesterly along the center- line of T.H. 100 to its intersection with Brooklyn Boulevard; thence northerly along the easterly right- of-way line of Brooklyn Boulevard to a point located approximately 445’ northerly of its intersection with County Road No. 10; thence east along an extended line made up of the south boundary lines of the plats for Grimes 2nd Addition, Hipp’s 4th Addition and Hipp’s 5th Addition, Hennepin County, con- tinued to the centerline of Shingle Creek; thence northerly along the centerline of Shingle Creek to the centerline of I-94; thence easterly along said line to the centerline of Humboldt Avenue North; thence southerly to the centerline of T.H. 100; thence southwesterly to the point of the beginning. Article V. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 13th day of No- vember, 2018. Tim Willson Mayor ATTEST: Barb Suciu City Clerk Published in the Brooklyn Center Sun Post November 22, 2018 880712 CITY OF BROOKLYN CENTERNotice is hereby given that a public hearing will be held on the 10th day of December, 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to elementary and secondary school interim uses in the City’s commer-cial and central commerce overlay districts.Auxiliary aids for handicapped persons are available upon re-quest at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements.ORDINANCE NO. 2018-16AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING ELEMENTARY AND SECONDARY SCHOOL INTERIM USE IN THE CITY’S COMMERCIAL AND CEN-TRAL COMMERCE OVERLAY DIS-TRICTSTHE CITY OF BROOKLYN CEN-TER DOES ORDAIN:Article I. Brooklyn Center City Code, Chapter 35, Section 35-310(3) regarding the R1 One Family Residence District is amended as follows:3. Interim Usesa. Temporary classroom build-ings as an accessory use to a public or private elementary or secondary school offering a regular course of study accredited by the Minnesota Department of Children, Families and Learning, subject to the following procedures and con-ditions: in Section 35-430.1) Interim use permits will be is-sued in accordance with the proce-dures and subject to the conditions stated in Section 35-220.2) At the time of granting such a permit the Council shall specify a date or event that can be identified with certainty by which the interim use must be terminated and the structure(s) shall be removed from the site. In any event, however, such interim use shall not con-tinue beyond any date when the Council, or any other governmental body having the power of eminent domain, adopts a resolution ap-proving acquisition of the property by eminent domain, or the zoning of the property is changed to any classification under which the inter-im use is no longer permitted.3) The Council may impose any conditions on such interim use which it deems necessary or expe-dient to protect the public health, safety or welfare or to assure that permission for the interim use will not impose additional costs on the public if it is necessary or expedient to take the property in the future.No such permit shall be issued unless the applicant first agrees in writing to the imposition of any such conditions.4) In addition to any other con- ditions which may be imposed by the Council, the following restric- tions shall apply: aa. Applicable lot standards and sign regulations shall be observed. bb. A landscape and parking plan for the property shall be sub- mitted and approved by the Coun- cil. cc. Unless approved by the Council pursuant to this section and section 35-220, no new build- ings may be erected on the prop- erty and no existing buildings may be expanded while the interim use continues. dd. Temporary classrooms may be used for classrooms only and may not be used for storage or converted to another use. ee. The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet. Article II. Brooklyn Center City Code, Chapter 35, Section 35-322 regarding the C2 Commerce Dis- trict is amended as follows: 4. Interim Uses. a. Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota De- partment of Education, subject to the procedures and conditions in Section 35-430. Article III. Brooklyn Center City Code, Chapter 35 is amended by adding a new Section 35-430 as follows: Section 35-430. TEMPORARY SCHOOL USES. 1. Interim Use. The use of tem- porary classroom buildings as an accessory use to a permanent or temporary public or private ele- mentary or secondary school, and the use of property for a tempo- rary public or private elementary or secondary school, allowed by this Chapter shall not occur except upon issuance of an interim use permit in accordance with the pro- cedures and subject to the condi- tions stated in Section 35-220. 2. Application. An application for an interim use permit for a tem- porary school use allowed by this Chapter may only be submitted by an existing public or private elementary or secondary school located in the City of Brooklyn Center, offering a regular course of study accredited by the Minnesota Department of Education. The ap- plication for the interim use permit shall, in addition to the information required on the application form, include the following information. a. If the requested interim use permit is for an on-site temporary school building: (i) The number, size, and layout of any temporary classroom build- ings to be located on the school site; (ii) Setbacks of any proposed temporary classroom buildings to property lines; (iii) Elevations and/or renderings of the proposed temporary class- room buildings; (iv) The number of students that will be served by the temporary classroom buildings; and (v) The reason for the need for temporary classroom buildings and the length of time they will be in use. b. If the requested interim use permit is for an off-site temporary school: (i) The location of the proposed temporary school; (ii) The number of students and faculty that will occupy the school; (iii) A transportation plan, which includes bus times and routes, number of buses, number of an- ticipated drop-offs, and drop-off locations; (iv) A parking and circulation plan; (v) The reason for the need for the temporary school and the length of time it will be in use; and (vi) If exterior modifications to the building are proposed, eleva- tions and/or renderings of the pro- posed changes. 3. Issuance. An application for an interim use permit for a tempo- rary school use shall be processed in accordance with Section 35-220, except that the following additional standards shall also be considered: a. The proposed use must conform to the regulations in this Chapter; b. The date or event that will terminate the use can be identified with certainty; c. Allowing the use will not im- pose additional costs on the public if it is necessary for the public to take the property in the future; and d. The applicant agrees to the conditions the City Council impos- es on the use. 4. Conditions. The City Council may impose any conditions on the interim use permits it issues as it deems are necessary or expedient to protect the public health, safety or welfare, or to ensure the use will not impose additional costs on the public if it is necessary or expedi- ent to take the property in the fu- ture. Every interim use permit shall identify the date or event that will terminate the permit. The appli- cant shall either expressly agree in writing to the conditions imposed on the interim use permit or shall be deemed to have agreed to all such conditions without excep- tion or reservation if the applicant undertakes the use allowed by the permit. 5. Performance Standards. In addition to any conditions placed on an interim use permit by the City Council, the following restrictions shall apply to interim use permits issued for a temporary school use. a. For temporary classroom buildings: (i) Applicable lot standards and sign regulations shall be observed; (ii) A landscape and parking plan for the property shall be submit- ted and approved by the Council; (iii) Unless approved by the Council, no new buildings may be erected on the property and no ex- isting buildings may be expanded while the interim use continues; (iv) Temporary classrooms may be used for classrooms only and may not be used for storage or converted to another use; and (v) The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet. b. For temporary schools: (i) Applicable lot standards and sign regulations shall be observed; (ii) A parking and circulation plan shall be submitted and approved by the Council; and (iii) Unless approved by the Council, no new buildings may be erected and no existing buildings may be expanded on the property while the interim use continues. 6. Renewal. An application to renew an interim use permit for a temporary school use shall be sub- mitted no fewer than 90 days prior to the termination of the existing permit, and processed in the same manner as a new application. Article IV. Brooklyn Center City Code, Chapter 35, Section 35-2240 regarding the CC Central Com- merce Overlay District is hereby amended as follows: 3. Interim Uses. The fol- lowing uses are allowed in the CC Central Commerce Overlay District with the issuance of an interim use permit. a. Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota De- partment of Education, subject to the procedures and conditions in Section 35-430. 4. The following uses are not permitted in the CC Central Com- merce Overlay District: a. sauna establishments b. massage establishments c. currency exchanges d. pawn shops e. secondhand goods dealers 45. The following area is hereby established as being within the CC Central Commerce Overlay District: The CC Central Commerce Overlay District is located within the area bounded by a continuous line beginning at a point located at the intersection of John Mar- tin Drive and T.H. 100 and going southwesterly along the center- line of T.H. 100 to its intersection with Brooklyn Boulevard; thence northerly along the easterly right- of-way line of Brooklyn Boulevard to a point located approximately 445’ northerly of its intersection with County Road No. 10; thence east along an extended line made up of the south boundary lines of the plats for Grimes 2nd Addition, Hipp’s 4th Addition and Hipp’s 5th Addition, Hennepin County, con- tinued to the centerline of Shingle Creek; thence northerly along the centerline of Shingle Creek to the centerline of I-94; thence easterly along said line to the centerline of Humboldt Avenue North; thence southerly to the centerline of T.H. 100; thence southwesterly to the point of the beginning. Article V. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 13th day of No- vember, 2018. Tim Willson Mayor ATTEST: Barb Suciu City Clerk Published in the Brooklyn Center Sun Post November 22, 2018 880712 CITY OF BROOKLYN CENTERNotice is hereby given that a public hearing will be held on the 10th day of December, 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to elementary and secondary school interim uses in the City’s commer-cial and central commerce overlay districts.Auxiliary aids for handicapped persons are available upon re-quest at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements.ORDINANCE NO. 2018-16AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING ELEMENTARY AND SECONDARY SCHOOL INTERIM USE IN THE CITY’S COMMERCIAL AND CEN-TRAL COMMERCE OVERLAY DIS-TRICTSTHE CITY OF BROOKLYN CEN-TER DOES ORDAIN:Article I. Brooklyn Center City Code, Chapter 35, Section 35-310(3) regarding the R1 One Family Residence District is amended as follows:3. Interim Usesa. Temporary classroom build-ings as an accessory use to a public or private elementary or secondary school offering a regular course of study accredited by the Minnesota Department of Children, Families and Learning, subject to the following procedures and con-ditions: in Section 35-430.1) Interim use permits will be is-sued in accordance with the proce-dures and subject to the conditions stated in Section 35-220.2) At the time of granting such a permit the Council shall specify a date or event that can be identified with certainty by which the interim use must be terminated and the structure(s) shall be removed from the site. In any event, however, such interim use shall not con-tinue beyond any date when the Council, or any other governmental body having the power of eminent domain, adopts a resolution ap-proving acquisition of the property by eminent domain, or the zoning of the property is changed to any classification under which the inter-im use is no longer permitted.3) The Council may impose any conditions on such interim use which it deems necessary or expe-dient to protect the public health, safety or welfare or to assure that permission for the interim use will not impose additional costs on the public if it is necessary or expedient to take the property in the future.No such permit shall be issued unless the applicant first agrees in writing to the imposition of any such conditions.4) In addition to any other con-ditions which may be imposed by the Council, the following restric-tions shall apply:aa. Applicable lot standards and sign regulations shall be observed.bb. A landscape and parking plan for the property shall be sub-mitted and approved by the Coun-cil.cc. Unless approved by the Council pursuant to this section and section 35-220, no new build-ings may be erected on the prop-erty and no existing buildings may be expanded while the interim use continues.dd. Temporary classrooms may be used for classrooms only and may not be used for storage or converted to another use.ee. The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet.Article II. Brooklyn Center City Code, Chapter 35, Section 35-322 regarding the C2 Commerce Dis-trict is amended as follows:4. Interim Uses.a. Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota De-partment of Education, subject to the procedures and conditions in Section 35-430.Article III. Brooklyn Center City Code, Chapter 35 is amended by adding a new Section 35-430 as follows:Section 35-430. TEMPORARY SCHOOL USES.1. Interim Use. The use of tem-porary classroom buildings as an accessory use to a permanent or temporary public or private ele-mentary or secondary school, and the use of property for a tempo-rary public or private elementary or secondary school, allowed by this Chapter shall not occur except upon issuance of an interim use permit in accordance with the pro-cedures and subject to the condi-tions stated in Section 35-220.2. Application. An application for an interim use permit for a tem-porary school use allowed by this Chapter may only be submitted by an existing public or private elementary or secondary school located in the City of Brooklyn Center, offering a regular course of study accredited by the Minnesota Department of Education. The ap-plication for the interim use permit shall, in addition to the information required on the application form, include the following information.a. If the requested interim use permit is for an on-site temporary school building:(i) The number, size, and layout of any temporary classroom build-ings to be located on the school site;(ii) Setbacks of any proposed temporary classroom buildings to property lines;(iii) Elevations and/or renderings of the proposed temporary class-room buildings;(iv) The number of students that will be served by the temporary classroom buildings; and(v) The reason for the need for temporary classroom buildings and the length of time they will be in use.b. If the requested interim use permit is for an off-site temporary school: (i) The location of the proposed temporary school; (ii) The number of students and faculty that will occupy the school; (iii) A transportation plan, which includes bus times and routes, number of buses, number of an- ticipated drop-offs, and drop-off locations; (iv) A parking and circulation plan; (v) The reason for the need for the temporary school and the length of time it will be in use; and (vi) If exterior modifications to the building are proposed, eleva- tions and/or renderings of the pro- posed changes. 3. Issuance. An application for an interim use permit for a tempo- rary school use shall be processed in accordance with Section 35-220, except that the following additional standards shall also be considered: a. The proposed use must conform to the regulations in this Chapter; b. The date or event that will terminate the use can be identified with certainty; c. Allowing the use will not im- pose additional costs on the public if it is necessary for the public to take the property in the future; and d. The applicant agrees to the conditions the City Council impos- es on the use. 4. Conditions. The City Council may impose any conditions on the interim use permits it issues as it deems are necessary or expedient to protect the public health, safety or welfare, or to ensure the use will not impose additional costs on the public if it is necessary or expedi- ent to take the property in the fu- ture. Every interim use permit shall identify the date or event that will terminate the permit. The appli- cant shall either expressly agree in writing to the conditions imposed on the interim use permit or shall be deemed to have agreed to all such conditions without excep- tion or reservation if the applicant undertakes the use allowed by the permit. 5. Performance Standards. In addition to any conditions placed on an interim use permit by the City Council, the following restrictions shall apply to interim use permits issued for a temporary school use. a. For temporary classroom buildings: (i) Applicable lot standards and sign regulations shall be observed; (ii) A landscape and parking plan for the property shall be submit- ted and approved by the Council; (iii) Unless approved by the Council, no new buildings may be erected on the property and no ex- isting buildings may be expanded while the interim use continues; (iv) Temporary classrooms may be used for classrooms only and may not be used for storage or converted to another use; and (v) The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet. b. For temporary schools: (i) Applicable lot standards and sign regulations shall be observed; (ii) A parking and circulation plan shall be submitted and approved by the Council; and (iii) Unless approved by the Council, no new buildings may be erected and no existing buildings may be expanded on the property while the interim use continues. 6. Renewal. An application to renew an interim use permit for a temporary school use shall be sub- mitted no fewer than 90 days prior to the termination of the existing permit, and processed in the same manner as a new application. Article IV. Brooklyn Center City Code, Chapter 35, Section 35-2240 regarding the CC Central Com- merce Overlay District is hereby amended as follows: 3. Interim Uses. The fol- lowing uses are allowed in the CC Central Commerce Overlay District with the issuance of an interim use permit. a. Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota De- partment of Education, subject to the procedures and conditions in Section 35-430. 4. The following uses are not permitted in the CC Central Com- merce Overlay District: a. sauna establishments b. massage establishments c. currency exchanges d. pawn shops e. secondhand goods dealers 45. The following area is hereby established as being within the CC Central Commerce Overlay District: The CC Central Commerce Overlay District is located within the area bounded by a continuous line beginning at a point located at the intersection of John Mar- tin Drive and T.H. 100 and going southwesterly along the center- line of T.H. 100 to its intersection with Brooklyn Boulevard; thence northerly along the easterly right- of-way line of Brooklyn Boulevard to a point located approximately 445’ northerly of its intersection with County Road No. 10; thence east along an extended line made up of the south boundary lines of the plats for Grimes 2nd Addition, Hipp’s 4th Addition and Hipp’s 5th Addition, Hennepin County, con- tinued to the centerline of Shingle Creek; thence northerly along the centerline of Shingle Creek to the centerline of I-94; thence easterly along said line to the centerline of Humboldt Avenue North; thence southerly to the centerline of T.H. 100; thence southwesterly to the point of the beginning. Article V. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 13th day of No- vember, 2018. Tim Willson Mayor ATTEST: Barb Suciu City Clerk Published in the Brooklyn Center Sun Post November 22, 2018 880712 CITY OF BROOKLYN CENTERNotice is hereby given that a public hearing will be held on the 10th day of December, 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to elementary and secondary school interim uses in the City’s commer-cial and central commerce overlay districts.Auxiliary aids for handicapped persons are available upon re-quest at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements.ORDINANCE NO. 2018-16AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING ELEMENTARY AND SECONDARY SCHOOL INTERIM USE IN THE CITY’S COMMERCIAL AND CEN-TRAL COMMERCE OVERLAY DIS-TRICTSTHE CITY OF BROOKLYN CEN-TER DOES ORDAIN:Article I. Brooklyn Center City Code, Chapter 35, Section 35-310(3) regarding the R1 One Family Residence District is amended as follows:3. Interim Usesa. Temporary classroom build-ings as an accessory use to a public or private elementary or secondary school offering a regular course of study accredited by the Minnesota Department of Children, Families and Learning, subject to the following procedures and con-ditions: in Section 35-430.1) Interim use permits will be is-sued in accordance with the proce-dures and subject to the conditions stated in Section 35-220.2) At the time of granting such a permit the Council shall specify a date or event that can be identified with certainty by which the interim use must be terminated and the structure(s) shall be removed from the site. In any event, however, such interim use shall not con-tinue beyond any date when the Council, or any other governmental body having the power of eminent domain, adopts a resolution ap-proving acquisition of the property by eminent domain, or the zoning of the property is changed to any classification under which the inter-im use is no longer permitted.3) The Council may impose any conditions on such interim use which it deems necessary or expe-dient to protect the public health, safety or welfare or to assure that permission for the interim use will not impose additional costs on the public if it is necessary or expedient to take the property in the future.No such permit shall be issued unless the applicant first agrees in writing to the imposition of any such conditions.4) In addition to any other con-ditions which may be imposed by the Council, the following restric-tions shall apply:aa. Applicable lot standards and sign regulations shall be observed.bb. A landscape and parking plan for the property shall be sub-mitted and approved by the Coun-cil.cc. Unless approved by the Council pursuant to this section and section 35-220, no new build-ings may be erected on the prop-erty and no existing buildings may be expanded while the interim use continues.dd. Temporary classrooms may be used for classrooms only and may not be used for storage or converted to another use.ee. The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet.Article II. Brooklyn Center City Code, Chapter 35, Section 35-322 regarding the C2 Commerce Dis-trict is amended as follows:4. Interim Uses.a. Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota De-partment of Education, subject to the procedures and conditions in Section 35-430.Article III. Brooklyn Center City Code, Chapter 35 is amended by adding a new Section 35-430 as follows:Section 35-430. TEMPORARY SCHOOL USES.1. Interim Use. The use of tem-porary classroom buildings as an accessory use to a permanent or temporary public or private ele-mentary or secondary school, and the use of property for a tempo-rary public or private elementary or secondary school, allowed by this Chapter shall not occur except upon issuance of an interim use permit in accordance with the pro-cedures and subject to the condi-tions stated in Section 35-220.2. Application. An application for an interim use permit for a tem-porary school use allowed by this Chapter may only be submitted by an existing public or private elementary or secondary school located in the City of Brooklyn Center, offering a regular course of study accredited by the Minnesota Department of Education. The ap-plication for the interim use permit shall, in addition to the information required on the application form, include the following information.a. If the requested interim use permit is for an on-site temporary school building:(i) The number, size, and layout of any temporary classroom build-ings to be located on the school site;(ii) Setbacks of any proposed temporary classroom buildings to property lines;(iii) Elevations and/or renderings of the proposed temporary class-room buildings;(iv) The number of students that will be served by the temporary classroom buildings; and(v) The reason for the need for temporary classroom buildings and the length of time they will be in use.b. If the requested interim use permit is for an off-site temporary school:(i) The location of the proposed temporary school;(ii) The number of students and faculty that will occupy the school;(iii) A transportation plan, which includes bus times and routes, number of buses, number of an-ticipated drop-offs, and drop-off locations;(iv) A parking and circulation plan;(v) The reason for the need for the temporary school and the length of time it will be in use; and(vi) If exterior modifications to the building are proposed, eleva-tions and/or renderings of the pro-posed changes.3. Issuance. An application for an interim use permit for a tempo-rary school use shall be processed in accordance with Section 35-220, except that the following additional standards shall also be considered:a. The proposed use must conform to the regulations in this Chapter;b. The date or event that will terminate the use can be identified with certainty;c. Allowing the use will not im-pose additional costs on the public if it is necessary for the public to take the property in the future; andd. The applicant agrees to the conditions the City Council impos-es on the use.4. Conditions. The City Council may impose any conditions on the interim use permits it issues as it deems are necessary or expedient to protect the public health, safety or welfare, or to ensure the use will not impose additional costs on the public if it is necessary or expedi-ent to take the property in the fu-ture. Every interim use permit shall identify the date or event that will terminate the permit. The appli-cant shall either expressly agree in writing to the conditions imposed on the interim use permit or shall be deemed to have agreed to all such conditions without excep-tion or reservation if the applicant undertakes the use allowed by the permit.5. Performance Standards. In addition to any conditions placed on an interim use permit by the City Council, the following restrictions shall apply to interim use permits issued for a temporary school use.a. For temporary classroom buildings:(i) Applicable lot standards and sign regulations shall be observed;(ii) A landscape and parking plan for the property shall be submit-ted and approved by the Council;(iii) Unless approved by the Council, no new buildings may be erected on the property and no ex-isting buildings may be expanded while the interim use continues;(iv) Temporary classrooms may be used for classrooms only and may not be used for storage or converted to another use; and(v) The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet.b. For temporary schools:(i) Applicable lot standards and sign regulations shall be observed;(ii) A parking and circulation plan shall be submitted and approved by the Council; and (iii) Unless approved by the Council, no new buildings may be erected and no existing buildings may be expanded on the property while the interim use continues. 6. Renewal. An application to renew an interim use permit for a temporary school use shall be sub- mitted no fewer than 90 days prior to the termination of the existing permit, and processed in the same manner as a new application. Article IV. Brooklyn Center City Code, Chapter 35, Section 35-2240 regarding the CC Central Com- merce Overlay District is hereby amended as follows: 3. Interim Uses. The fol- lowing uses are allowed in the CC Central Commerce Overlay District with the issuance of an interim use permit. a. Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota De- partment of Education, subject to the procedures and conditions in Section 35-430. 4. The following uses are not permitted in the CC Central Com- merce Overlay District: a. sauna establishments b. massage establishments c. currency exchanges d. pawn shops e. secondhand goods dealers 45. The following area is hereby established as being within the CC Central Commerce Overlay District: The CC Central Commerce Overlay District is located within the area bounded by a continuous line beginning at a point located at the intersection of John Mar- tin Drive and T.H. 100 and going southwesterly along the center- line of T.H. 100 to its intersection with Brooklyn Boulevard; thence northerly along the easterly right- of-way line of Brooklyn Boulevard to a point located approximately 445’ northerly of its intersection with County Road No. 10; thence east along an extended line made up of the south boundary lines of the plats for Grimes 2nd Addition, Hipp’s 4th Addition and Hipp’s 5th Addition, Hennepin County, con- tinued to the centerline of Shingle Creek; thence northerly along the centerline of Shingle Creek to the centerline of I-94; thence easterly along said line to the centerline of Humboldt Avenue North; thence southerly to the centerline of T.H. 100; thence southwesterly to the point of the beginning. Article V. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 13th day of No- vember, 2018. Tim Willson Mayor ATTEST: Barb Suciu City Clerk Published in the Brooklyn Center Sun Post November 22, 2018 880712