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HomeMy WebLinkAboutCity Council Ordinance 1986-28ORDINANCE NO. 86-28 INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS, AND REGULATING AND RESTRICTING THE DEVELOPMENT OF ADULT HALFWAY HOUSES, COMMUNITY-BASED RESIDENTIAL FACILITIES AND SIMILAR USES WITHIN THE CITY (86080) The City Council of the City of Plymouth ordains: Section 1. Background 1.01 The City has received a conditional use permit application from Alpha Human Services, Inc. to operate a state licensed adult halfway house in an R-3 Zoning District. As a result of the review process of that application, it has become apparent that the City's zoning ordinance does not contemplate or adequately address the classification of such uses. 1.02 The City's zoning ordinance is unclear as to whether uses such as "adult halfway houses", "community correctional facilities", "residential facili- ties":, and "community-based residential facilities" should be classified as "public or semi-public institutions" or whether a new classification should be adopted. 1.03 In addition to the proper zoning classification of such uses, there are a number of significant planning and land use issues pertaining to the regu- lation of such uses, including the following: 1. The particular zoning districts in which such uses should be allowed as either permitted uses or conditional uses. 2. The population density of clientele that such facilities should serve in the various zoning districts. 3. The concentration and density of such uses in the City and its neighborhoods. 4. The effect of such uses on other uses in the surrounding area. 5. The effect of proposed outpatient programs on the classification and regulation of such uses. 1.04 There is a need for a study to be conducted so that the City can adopt a set of comprehensive plans and land use zoning regulations pertaining to such uses. Such a study will address the land use and zoning issues, including those referenced above. 1.05 There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. There is a need to restrict such uses until. such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 1.06 The City Council has directed that such a study be undertaken. 1.07 Minnesota Statutes, Section 462.355, subd. 4 (Act) permits the adoption of interim zoning ordinances during the planning process. Page two Ordinance No. 86-2% Section 2. Determination. 2.01 During the period that this interim ordinance is in effect, no property within the City may be developed, redeveloped, nor shall any site plan approvals, rezonings, licenses, plattings or replattings, land divisions or consolidations, conditional use permits or building permits be issued by the City for any uses defined by state regulations, or otherwise, as adult halfway houses, community correctional facilities, community-based residential fcilities, or residential facilities. 2.02 Notwithstanding any provision of this ordinance to the contrary, any use that meets the definition of a residential facility as defined in Minnesota Statutes, Section 245.782, subd. 6 and as regulated by Minnesota Statututes, Section 462.357, subd. 7 and sub. 8 is not affected by this ordinance. 2.03 This ordinance shall remain in effect for a period of one year from its effective date or such earlier date as may be adopted by the City Council, provided that, if the study and planning process have not been completed within that one year period this ordinance may be extended for such additional periods as deemed necessary by the City Council not to exceed an additional period of eighteen months as permitted by the Act. Section 3. This ordinance applies to any applications for site plan approvals, rezonings, licenses, plattings or replattings, land divisions or consolidations, conditional use permits or building permits that have not received preliminary approval by the City Council before November 17, 1986 Section 4. This ordinance shall become effective upon its passage and publication. Mayor ATTEST City Clerk Published: Plymouth Post 11-27-86.