HomeMy WebLinkAbout20080317 - VI-13VI-13
Memo
To: Mayor Hicks and City Council
From: John Hinzman, Planning Director
Date: March 17, 2008
Subject: 1St Reading\Order Public Hearing -Moratorium Ordinance relating to
Adult Uses
REQUEST
The City Council is asked to consider 1St reading and order a public hearing to adopt the
attached moratorium ordinance prohibiting the issuance of special use permits for adult
uses for a period not to exceed one year. The Council is also asked to direct the Planning
Commission and Staff to examine appropriate areas for adult uses within the City and to
report back to the City Council.
Upon consideration of 1St reading the public hearing and final adoption would be scheduled
for the April 7, 2008 City Council Meeting_
BACKGROUND
A one year moratorium ordinance was adopted by the City Council on December 18, 2006.
Since that time staff has conducted research and drafted ordinance changes with the
assistance of the Planning Commission. On March 10, 2008 the Planning Commission
conducted a public hearing to consider proposed adult use changes. The public hearing
was attended by approximately 40 individuals. Those in attendance did not support the
changes. The Planning Commission directed staff to recommend adoption of a moratorium
to continue research and discussion.
The existing ordinance allows for adult uses via a special use permit in the C-4, Regional
Shopping Center District. Tremendous growth and construction has occurred in the C-4
District (Cub, Wal-Mart, Hastings Marketplace) since the adult use ordinance was last
modified. Further study of this issue is necessary followed by appropriate zoning
amendments.
ATTACHMENT
• Moratorium Ordinance
ORDINANCE NO. -THIRD SERIES
AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND
THE HEALTH, SAFETYAND WELFARE OF THE RESIDENCE OF THE CITY OF HASTINGS,
PLACING A MORATORIUM ON DEVELOPMENT IN CERTAIN AREAS
OF THE CITY OF HASTINGS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS:
I. BACKGROUND.
A. The City's C-4 Regional Shopping Center Zoning District presently allows adult
uses by special use permit.
B. Since adult uses were allowed by special use permit in the C-4 Regional Shopping
Center Zoning District, commercial growth patterns within the City have changed.
C. These changes in commercial growth patterns within the City necessitate the City
conducting further study and hearings concerning the best location for adult uses
within the City and then for the City Council to adopt any needed comprehensive
plan and zoning amendments.
D. The council has further determined that there is a need for an interim ordinance to
be adopted pursuant to Minnesota Statute Section 462.355, Subd. 4 for the
purpose of protecting the planning process and the health, safety and welfare of
the citizens of the City, and insuring that the City and its citizens retain the
benefits of, and the protection sought to be afforded by, the City's Comprehensive
Plan and official controls until the study process is complete and any
modifications to the City's Comprehensive Plan and official controls become
effective.
E. On December 18, 2006 the council established a one year moratorium ordinance
on adult uses. During the time of the moratorium the City conducted research and
proposed ordinance changes regulating the placement of adult uses. The city has
held numerous public meetings and conducted a public hearing to consider
changes to the regulation of adult uses. Public discussion and questions
pertaining to proposed ordinance changes has prompted the need to conduct
further research. The City has not received any applications for the issuance of an
adult use since expiration of the original moratorium on December 28, 2007.
li. SECTION II. PROPERTIES AND USES SUBJECT TO MORATORIUM.
A. This MORATORIUM shall apply to the issuance of special use permits for any
adult use (as defined by Hastings City Code Section 5.91) in any C-4 zoning
district within the City.
III. SECTION III. PROHIBITION.
A. During the period this interim ordinance is in effect, no special use permits for
adult uses shall be issued in the C-4 Zoning District within the City.
IV. EFFECT ON PENDING APPLICATIONS.
A. All applications subject to this MORATORIUM that are received before this
ordinance becomes effective or are received during the time this ordinance is in
effect shall be deemed to be denied for purposes of Minnesota Statute Section
15.99. The City Administrator shall cause notification of such denial to be given
to all applicants citing the adoption of this ordinance as the reason for denial.
Fees paid in connection with such applications shall be returned or refunded to the
applicant.
V. EFFECTIVE AND TERMINA TION DA TES.
A. This ordinance shall become effective seven days after passage and publication.
B. This ordinance shall remain in effect for one year following its effective date,
unless earlier amended or repealed by an ordinance duly adopted by the City
Council-
C. City Staff and the Planning Commission are directed to immediately begin
studying what Zoning Districts within the City are appropriate for adult uses and
to report back to the City Council with recommendations.
VIOLATION A MISDEMEANOR.
Every person violates a section, subdivision, paragraph or provision of this chapter when they
perform an act thereby prohibited or declared unlawful, or fails to act when such failure is
thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a
misdemeanor.
This ordinance was adopted by the Hastings City Council on this 7`h day of April,
2008.
CITY OF HASTINGS
ATTEST:
Paul Hicks, Mayor
Melanie Mesko Lee, Ciry Clerk