HomeMy WebLinkAbout2018-16 PH NOTICE
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
commercial and central commerce overlay districts.
Auxiliary aids for handicapped persons are available upon request 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 CENTRAL COMMERCE
OVERLAY DISTRICTS
THE CITY OF BROOKLYN CENTER 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 buildings 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 conditions: in Section 35-430.
1)Interim use permits will be issued in accordance with the procedures 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 continue beyond any date when
the Council, or any other governmental body having the power of eminent
domain, adopts a resolution approving acquisition of the property by
eminent domain, or the zoning of the property is changed to any
classification under which the interim use is no longer permitted.
3)The Council may impose any conditions on such interim use which it deems
necessary or expedient 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.
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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 conditions which may be imposed by the
Council, the following restrictions shall apply:
aa. Applicable lot standards and sign regulations shall be
observed.
bb. A landscape and parking plan for the property shall be
submitted and approved by the Council.
cc. Unless approved by the Council pursuant to this section and section 35-
220, no new buildings may be erected on the property 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
District 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 Department 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 temporary classroom buildings as an accessory use to a
permanent or temporary public or private elementary or secondary school, and the
use of property for a temporary 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 procedures and subject to the conditions stated in
Section 35-220.
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2.Application. An application for an interim use permit for a temporary 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
application 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 buildings 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 classroom
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 anticipated 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, elevations and/or
renderings of the proposed changes.
3.Issuance. An application for an interim use permit for a temporary 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;
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b.The date or event that will terminate the use can be identified with certainty;
c.Allowing the use will not impose 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 imposes 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 expedient to take the property in the future. Every interim use permit
shall identify the date or event that will terminate the permit. The applicant 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 exception 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 submitted
and approved by the Council;
(iii)Unless approved by the Council, no new buildings may be erected on the
property and no existing 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
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(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 submitted 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
Commerce Overlay District is hereby amended as follows:
3.Interim Uses. The following 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 Department of Education,
subject to the procedures and conditions in Section 35-430.
4.The following uses are not permitted in the CC Central Commerce Overlay
District:
sauna establishments
a.
massage establishments
b.
currency exchanges
c.
pawn shops
d.
secondhand goods dealers
e.
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 Martin Drive and T.H. 100 and going southwesterly
along the centerline 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, continued 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
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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.
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Adopted this 13 day of November, 2018.
Tim Willson
Mayor
ATTEST: Barb Suciu
City Clerk
Date of Publication November 22, 2018
(Strikeout indicates matter to be deleted, double underline indicates new matter.)
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