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HomeMy WebLinkAbout1987-16 10-26 CCO 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 Hall, 6301 Shingle Creek Parkway, to consider An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Adult Halfway Houses, Camrmmity- Based Residential Facilities and Similar Uses within the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. 87 -16 INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEAL TH, SAFhTT'Y, AND WELFARE OF THE RESIDENTS OF THE COMMUNITY, AND REGULATING AND RESTRICTING THE DEVELOPMENT OF ADULT HALFWAy HOUSES, COMMUNITY -BASED RESIDENTIAL FACILITIES A SIMILA USES WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background 1.01 The City has received a special use hermit application from Bill Kelly House of Kelly Norton Proarams, Inc. to operate a State licensed residential treatment facility for mentally ill and chemically dependent adults in an R5 Zoning District. As a result of the review process of that application, it has become apparent that the City's zonina ordinance does not contemplate or adeauatelv address the classification of such uses. 1.02 The City's Zonina ordinance is unclear as to whether uses such "adult adult halfway houses "community correctional facilities "residential facilities and "corcm mitt' -based residential facilities" should be classified as "nursina care homes" or "boardina care homes" or whether a new classification should be adopted. 1.03 In addition to the proper zonina classification of such uses, there are a number of significant planninq and land use issues pertainina to the regulation of such uses, inc].udina the followina: 1. The particular zoning districts in which such uses should be allowed as either permitted uses or special uses. 2. The population densitv 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. I I I w ORDINANCE NO. 87 -16 4. The effect of such uses on other uses in the surrounding area. 1.04 There is a need for a study to be conducted so that the Citv can adopt a set of cormrehensive plans and land use zoning reaulations nertainina to such uses. Such a study will address the land use and zoning issues. includina those referenced above. 1.05 There is a need for an interim ordinance to be adopted for the purpose of nrotectina the clannina process and the health. safetv. and welfare of the citizens of the Citv and to ensure that the Citv and its citizens retain the benefits of the Citv's comprehensive plan and zonina ordinance until such a studv has been comoleted and anv modifications to the Citv's zoning and land use reaulations are accomplished. 1.06 The Citv Council has directed that such a studv be undertaken. 1.07 Minnesota Statutes. Section 462.355, subd. 4 (Act) permits the adoption of interim zonina ordinances durina the planninq process. Section 2. Determination. I 2.01 Durina the period that this interim, ordinance is in effect, no pronerty within the Citv may be developed. redeveloped, nor shall anv site plan approvals, rezoninas, licenses (other than renewals) plattinas or replattinas. land divisions or consolidations. special use permits or building permits be issued by the Citv for anv uses defined by State reaulations. or otherwise, as adult halfway houses, conmini.ty correctional facilities, community -based residential facilities, or residential facilities. 2.02 Notwithstandina anv provision of this ordinance to the contrary. anv use that meets the definition of a residential facility as defined 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 twelve months from its effective date or such earlier date as may be adopted by the Citv Council, provided that, if the study and plannina process have not been Completed within that twelve months period this ordinance may be extended for such additional periods as deemed necessary by the Citv Council not to exceed an additional period of eiahteen months as permitted by the Act. P �I I'. r i u. ORDINANCE NO. 87 -16 Section 3. This ordinance applies to anv applications for site plan approvals, rezon licenses, plattinas or replattinas, land divisions or consolidations, special use permits or building permits that have not received preliminary approval by the Citv 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 26th day of October 1987. Ma r C ATTEST: City Clerk Date of Publication October 15, 1987 Effective Date November 14, 1987 (Underline indicates new matter, brackets indicate matter to be deleted.) I 'I