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HomeMy WebLinkAbout1987-201 CCR1 1 1 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION NO. 87 -201 RESOLUTION AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO REGULATION OF ADULT HALLWAY HOUSES, COMMUNITY -BASED RESIDENTIAL FACILITIES AND SIMILAR FACILITIES AND PLACING A MORATORIUM ON THE DEVELOPMENT OF SUCH USES WHEREAS, the City's zoning ordinance does not clearly specify how uses such as adult halfway houses, community correctional facilities, residential facilities, and ca mmanity -based residential facilities should be regulated within the City; and WHEREAS, the City Council deems it necel=ary for a study to be conducted to determine 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 Brooklyn Center, Minnesota, 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 Brooklyn Center: 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 is not limited to, the following: a. the particular zoning districts in which such uses should be allowed as either permitted uses or special 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; and d. the effect of such uses on other uses in the surrounding area. 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 (other than renewals), special 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 1 1 RESOLUTION NO. October 27 adopted by period may determined necessary amendments 87 -201 October 26, 1987 Date 1988, or such earlier date, as may be further a resolution of the City Council. The moratorium be extended for a reasonable period of time, as by a resolution of the City Council, that may be to complete the study and adopt any necessary 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 an 4 and Section 462.357, subd. 7 and 8. ATTEST. Clerk Mayo The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.