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Home My WebLink About1987-16 10-15 AP CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day of October, 1987 at 8 p.m. at the city BROOKLYN CENTER POST Hall, 6301 Shingle Creek Parkway, to consider An Interim Ordinance for f ni n Purpose f Protecting the Plan- 1 JA AFFIDAVIT OF PUBLICATION and Process and the Health, Safety, 1 j and Welfare of the Residents, of the Community, and Regulating and stricting the Development of Adult Ifway Houses, Community Based esidential Facilities and Similar Uses within the City. "Auxiliary aids for handicapped persons are available upon request at least 96 houirs in advance. ;P ►le►se co STATE OF MINNESOTA tact the Personnel Coofdf hllr, SS. 561- 5440to make arrangemerlfs COUNTY OFHENNEPIN ORDINANCE NO. x INTERMIN ORDINANCE FOR.TNE PURPOSE OF PROTECTING THE PLANNING PROGRESS AND THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE COMMUNITY, AND REGULA- TING AND RESTRICTING THE ,ra7tr YY, a, ^rc DEVELOPMENT OF ADULT Gary E. L'Herault, being duly sworn, on oath says that he is the poW -irker of the �ewspaper known as the BROOKLYN HALFWAY HOUSES, C O M- CENTER POST, serving the CITY OF BROOKLYN CENTER, and has full knowledge of the facts which are stated MUNITY -BASED RESIDENTIAL below: FACILITIES AND SIMILAR USES WITHINTHECITY (A) The h f h newspaper as complied with all o the requirements constituting qualified newspaper, THE CITY COUNCIL. OF THE CITY p 4 9 qualification as a er, as p p OF BROOKLYN CENTER DOES Provided by Minnesota Statue 331A,02, 331A.07, and other applicable laws, as amended. ORDAIN AS FOLLOWS: Section 1. Background 1.01 The City has received a special use permit application from Bill BS The printer Kelly House of Kelly Norton Programs, Inc. to operate a i --r: State licensed residential treat- �z A X� ment facility for mentally ill and chemically dependent adults in an R5 Zoning District. As a i .2i -.-z. ,f -E'� ^�n.. -r✓ ,-..a result of the review process of whl is attached was cut from the �olumns of said newspaper, anh was printed and published once a week, for that application, it has become CCICCCf apparent that the City's zoning 1 ordinance does not contemplate successive weeks; it was first published on 1 the day of or adquately address the classification of such uses. 1.02 The City's Zoning Ordinance is�_ r unclear as to whether uses such L.- aJC' -L-'� 19 and was thereafter printed and published on every as "adult halfway houses," "community Correctional facilites.. "residential facili- to and including the day of 9 ties," and "community- based and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be residential facilities" should be ing the size and kind of type used in the composition and publication of the notice: classified as "nursing care homes" or 'boarding care abcdefghijklmnopgrstuvwxyz homes" or whether a new classification should be adopted. 1.03 In addition to the proper zoning classification of such uses, there are d number of significant; planning and land use issues Y pertaining to the regulation of such uses, including,the follow By 1. The particular zoning dis- tricts in which such uses should be allowed as either permitted uses or special' TITLE: i uses. Subscribed and sworn to before me on 2. The population density of clientele that such facilities 1 should serve in the various u The zoning o concentration this_ J C G 3: day of r 19 4 The cncenrat. and densi- ty of such uses in the City and its neighborhoods. 4. The effect of such uses on other uses in the surrounding Notary Public area. 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 regu- A lations pertaining to such uses. Such a study will address the land use and zoning issues, in- cludingthose referenced above. 1.05 There is a need for an interim' ordinance to be adopted for the purpose of protecting the plan RATE INFORMATION ning process and the health, f t and welfare f t citi- v safety, a o the (1) Lowest classified rate paid by commercial users for com zens of the City and to ensure parablespace. (Line) that the City and its citizens re- tain the benefits of the City's comprehensive plan and zoning (2) Maximum rate al lowed by law for the above matter. �--a ordinance until such a study has (Line) been completed and any modifi- cations to the City's zoning and (3) Rate actually charged for the above matter. land use regulations are ac- (Line) complished. 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 ordi- nances during the planning pro- cess. No Affidavit of Publication OF Published in BROOKLYN CENTER POST 8801 Bass Lake Road MINNEAPOLIS, MINNESOTA 55428 DATE OF PUBLICATION ATTORNEY I FILED BROOKLYN CENTER POST 1 1 Section 2. Determination. 2.01 During the period that this in- terim ordinance is in effect, no Property within the City may be developed, redeveloped, nor shall any site plan approvals, rezonings, licenses (other than renewals), plattings or replat- tings, land divisions or con- solidations, special use permits or building permits be issued by the City for any uses defined by State regulations, or otherwise, as adult halfway houses, com- munity correctional facilities, community -based residential facilities, or residential facili- ties. 2.02 Notwithstanding any provision of this ordinance to the contrary, any use that meets the definition of a residential facility as defin- ed in Minnesota Statutes, Section 245.782, subd. 6 and as regulated by Minnesota Statutes, Section 462.357, subd. 7 and subd. 8 is not affected by this ordinance. 2.03 This ordinance shall remain in effect for a period of six months 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 six months period this ordinance may be extended for such additional periods as deemed necessary by the City Council not to exceed and addi- tional period of eighteen months as permitted by the Act. Section 3. This ordinance applies to any applications for site plan approv- als, rezonings, licenses, plattings or replattings, land divisions or con solidations, special use permits or building permits that have not re- ceived preliminary approval by the City Council before October 26,1987. Section 4. This ordinance shall become effective after adoption and Upon thirty (30) days following its legal publication. Adopted this day of 1987. Mayor ATTEST: City Clerk late of Publication Jective Date (Bold face indicates new matter, brackets indicate matter to be deleted.) (Published in The Brooklyn Center Post October 15, 1987)