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HomeMy WebLinkAboutCity Council Ordinance 1987-24ORDINANCE NO. 87-24 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, COMi'1NITY-BASED RESIDENTIAL FACILITIES AND SIMILAR USES WITHIN THE CITY The City Council of the City of Plymouth ordains: Section 1. Background 1.01 The City Council under Resolution No. 86-758 authorized a study to determine how uses such as Adult Half -Way Houses, Community Correctional Facilities, Residential Facilities, and Community -Based Residential Facilities should be regulated within the City. 1.02 The City Council under the same Resolution set a moratorium on the development of those uses pending completion of the study and the adoption of any amendments to the City's Zoning Ordinance. 1.03 The moratorium period expires on November 25, 1987, and the moratorium period may be extended per State law for a period necessary to complete the study and adopt any necessary amendments to the City's Zoning Ordinance. 1.04 The study was conducted and has been completed by the consultant retained by the City. 1.05 The study has been received by the Planning Commission which is undertaking the review and consideration necessary to develop recommendations as to specific amendments to the City's Land Use regulations. 1.06 The Planning Commission has determined that the period of time necessary to complete the work will extend beyond November 25, 1987. 1.07 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 insure that the City and citizens retain the benefits of the City's Comprehensive Plan and Zoning Ordinance until modification to the City's zoning and land use regulations that are deemed necessary are accomplished. 1.08 Minnesota Statutes, Section 462.355, Subdivision 4 (Act) permits the adoption of interim zoning ordinances during the planning process. 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, platitings 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 fellities, or residential facilities. 4' Page two Ordinance No. 87-24 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 18 months from its effective date or such earlier date as may be adopted by the City Council. 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 November 26, 1987 upon its passage and publication. c -Mayor --y- ATTEST City C erk