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Home My WebLink About[08c] Rental License Moratorium - R1 DistrictsCITY OF R3T, J[14IPH MEETING DATE: AGENDA ITEM: SUBMITTED BY: Council Agenda Item ~~ February 21, 2008 Rental License Moratorium - R1 Districts Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: After conducting the public hearing for the amendments to Ordinance 52.27 and 52.28 and recommending approval of the same, the Planning Commission recommended releasing the Moratorium on rental licenses in R1 Zoning Districts. The release of moratorium will be effective upon publication of the Ordinance Amendments. PREVIOUS COUNCIL ACTION: The Council accepted the recommendation of the Planning Commission to place a moratorium on rental units in R1 Zoning Districts. BACKGROUND INFORMATION: The Council must formally release the rental license moratorium if they are satisfied with the recommendation of the Planning Commission. Again, the amendment to the R1 Zoning District removed the 50% ownership for rental in R1 areas and replaced it with all owners must reside at the residence. Before an Ordinance Amendment becomes effective upon Council approval and publication of the final action. The earliest a publication can occur is February 29, 2008, therefore, the motion to release the moratorium should include the effective date. BUDGET/FISCAL IMPACT: ATTACHMENTS: Resolution of Planning Commission REQUESTED COUNCIL ACTION: Accept the recommendation of the Planning Commission releasing the Moratorium on rental licenses in the R1 Zoning District effective February 29, 2008. ~„,~., ~ Planning Commission Agenda Item CITY OF KT. J[761~NH MEETING DATE: February 4, 2008 AGENDA ITEM: R1/R2 Rental License Moratorium SUBMITTED BY: Administration STAFF RECOMMENDATION: Authorize the Planning Commission Chair and Administrator to execute PC Resolution 2008-001, releasing the rental license moratorium in Rl Zoning Districts. PREVIOUS PLANNING COMMISSION ACTION: On September 10, 2007 the Planning Commission requested the Council place a 90 day moratorium on rental license in Rl Zoning Districts to allow the Planning Commission to study the blending of rental units in Rl Zoning Districts. BACKGROUND INFORMATION: The Planning Commission has been reviewing the Ordinances and have conducted the required public hearing to amend the Rl and R2 Zoning District. The Ordinance Amendment clarifies the definition of owner and also specifies how ownership is verified and that a purchase agreement does not constitute ownership. ATTACHMENTS: Resolution 2008-001 Release of Moratorium REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and Administrator to execute the Resolution 2008-001 releasing the Rental License Moratorium in Rl Zoning Districts. PC Resolution 2008-001 Moratorium Release, R1 Owner Occupied Rental WHEREAS, on September 10, 2007 the St. Joseph Planning Commission requested the City Council place a moratorium on owner occupied rental units in R1 Zoning Districts; and WHEREAS, the St.loseph City Council considered the request of the Planning Commission on September 20, 2007 and accepted the recommendation causing the same to be published; and WH REAS, the Mo atorium takes effect upon publication and the moratorium was duly published on ~ith the date being the beginning of the 90 days; and WHEREAS, the Planning Commission met regularly to discuss the concerns and possible resolution to the blending of rental units in R1 and R2 Zoning Districts and due to the time constraints and required publications, the Planning Commission recommended the Council extend the moratorium an additional 90 days. The Council on December 13, 2007 accepted the recommendation and extended the moratorium and additional 90 days; and WHEREAS, the Planning Commission finished review of the rental provisions in R1 and R2 Zoning Districts and scheduled a public hearing for February 4, 2008 to consider the revised amendment; NOW THEREFORE BE IT RESOLVED that the Planning Commission recommends that the City Council accept the amendment to Ordinance 52.27 and 52.28 clarifying the definition of owner occupied rental and required proof of residency. FURTHER, BE IT RESOLVED that with the adoption of the amendments to the above stated Ordinances, the Planning Commission hereby recommends the St. Joseph City Council release the moratorium on rental licenses in the R1 and R2 Zoning Districts and begin enforcing the new regulations. Adopted this ~ day of ~~ /' V 2008 ~~ S. thleen ICalinowski,'Chair ~ PRINTERS' AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) )ss COUNTY OF STEARNS) LEGAL NOTICE RESOLUTION 2007-037 ADOPTING SPECIAL INTERIM ORDINANCE 2007-Q<Il PLACING A MORATORIUM ON Rl SINGLE FAMILY RENTAL IN Rl ZONING DISTRICTS The City Council for the City of St. Joseph makes- the following findinga: A. In .2000 the City of St. Joseph amended the Rl Zoning District changing the use of Rental Housing in aSingle-Family Zoning District. The amended ordinance requires all rentals in Rl,_Single Family be owner operated. and are issued through the Interim-Use Permit. The ordinance further limits the maximum density to three euu,elated persons. B. The city has seen an increase in the amount of interim-use permits requested and the community has expressed concerns regazding the enforcement -and issuance of Interim-Use Permits for owner occupied . rental units in an R1 Zoning District< C. The St. Joseph Planning Commission has recommended the city council place a 90-day moratorium on Rl, Single-Family Owner- Occupied Rental Licenses. D. The city council accepts the recommendation of the planning commission and believes it is necessary for the protection of the.planning process to enact a moratorium to prohibit the issuance of new rental licenses in the City of St. Joseph. THEREFORE, based on these findings, the City of St. Joseph HEREBY oRDAnvs: 1. The City of St. Joseph hereby places arental-housing moratorium in the City of St. Joseph for all Rl, Single-Family Zoning Districts. 2. The moratorium shall ~ be operated for a period of 90 days from the effective date of this ordinance. The moratorium may be extended for an additional period of 30 days by City Council Resolution. 3. During the moratoriumn period, the following activities shall be prohibited: issuance of new rental licenses in the City of St. Joseph. 4. The moratorium shall not prohibit the renewal of existing licenses in,the City of St. Joseph. Further the moratorium will not prohibit the application for Interim Use for the property located at 221 Birch St. W. as the application was received by the City of St. Joseph prior to the adoption if this Interim Ordinance. 5. The St. Joseph Planning Commission will study the existing ordinance and. practices and report back to the City Council within 60 days of the effective date of this ordinance. Janelle Schneekloth, being duly sworn, on oath says that he/she is the publisher of the newspaper known as St. Joseph Newsleader, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualifications as a quali- fied newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed~~ ~ Z(;~ ~ ° 0,.3 which is attached was cut from the columns of said newspaper, and was printed and published once a week, for one successive week; it as lrst published on ~~' the ~ day of~ 2007, and was thereafter print d published eve ~ ~ 4l o and including i~~ ,the _l.. ~.' day of , 2007; printed b low is a copy of the lowex case alphabet from A to Z, both inclu- sive, which is hereby acknowledged as being the size and kind of type used in the composition and publica- tion of the notice: abcdefghijklmno s vwx BY: TITLE: Administrative Clerk Subscibed and sworn. to me before this ~~ day of ~ ~ 7b ~~ , 2007. JANELLE M. SCHNEEKI.OTH NoTgRY PUBLIC-MINNH80TA MY COMMISSION EXPIFiE$ 01/St/Qp1p ~. Not Public (1) Lowest classified rate paid by $6.50 commercial users for comparable (Line, word or inch) space (2) Maximum rate allowed by law $6.50 for the above matter (Line, word or inch) (3) Rate actually charged for the $6.50 >; ~;,~ : above matter (Line, word or inch)