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HomeMy WebLinkAboutCity Council Resolution 1986-758CITY OF PLYMOUTH . Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 17th day of November . 1986. The following members were present: Mayor Schneide-,Zouncilmembers Crain, Sisk, VasTliou, and Zitur e following mem ers were absent: none Councilmember Sisk introduced the following Resolution and moved its adoptios<: RESOLUTION NO. 86-758 RESOLUTION AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO REGULATION OF ADULT HALF- WAY HOUSES, COMMUNITY-BASED RESIDENTIAL FACILITIES AND SIMILAR FACILITIES AND PLACING A MORATORIUM ON THE DEVELOPMENT OF SUCH USES (86080) WHEREAS, the City's zoning ordinance does not clearly specify how uses such as adult halfway houses, community correctional facilities, residential facilities, and community-based residential facilities should be regulated within the City; and, WHEREAS, the City Council deems it necessary for a study to be conducted to deter- mine how such uses should be regulated within the City and deems it desirable to place a moratorium on the development of such uses until the study has been completed and any . amendments to the comprehensive plan and zoning ordinance are adopted; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that the Council finds and determines that the adoption of the following is necessary to protect the ongoing planning process in the City and to ensure the health, safety, and welfare of the residents of the City of Plymouth: 1. A study is authorized to be conducted and consultant be selected to conduct a study to determine how uses such as adult halfway houses, community correctional facilities, residential facilities, and community-based residential facilities should be regulated within the City. The scope of the study should include, but It not limited to, the following: a. the particular zoning districts in which such uses should be allowed as either permitted uses or conditional uses; b. the population density of clientele that such facilities should serve in the various zoning districts; c. the concentration and density of such uses; d. the effect of such uses on other uses in the surrounding area; and e. the effect of proposed outpatient programs on the classification and regula- ,;ion of such uses. P PLEASE SEE PAGE TWO Page two Resolution No. 86-758 2. Upon completion of the study the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3. A moratorium on the development of adult halfway houses, residential facilities, community-based residential facilities, and community correctional facilities is hereby adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. No license, conditional use permit, or building permit may be issued for such uses during the moratorium period nor may any rezonings, plattings or replattings, or land divisions or consolidations be granted by the City for such uses during the moratorium period. The moratorium period shall expire on November 25, 1987, or such earlier date, as may be further adopted by a resolution of the City Council. The moratorium period may be extended for a reasonable period of time, as determined by a resolution of the City Council, that may be necessary to complete the study and adopt any necessary amendments to the City's zoning ordinance. 4. The moratorium shall not apply to any use that meets the definition of a residential facility as defined in Minnesota Statutes, Section 245.782, subd. 6. and which is regulated by Minnesota Statutes, Section 245.812, subd. 3 and 4 and Section 462.357, subd. 7 and 8. The motion for adoption of the foregoing Resolutio�i was duly seconded by Councilmember Vasiliou , and upon vote being taken thereon, the o ow nq voted in favor thereof:a or chiieider, Councilmembers Crain, Sisk Vasiliou and Zitur eo ow nq voted against or abstained: none ----'Whereupon the Resolution was declared duly passed and adopted.