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09-1364Suspension - December 16, 2009 Council Fi�e # 09-1364 Green Sheet # 3092517 RESOLUTION ' O SAINT P�3UJ.aHI1NNESOTA Presented by WHEREAS, the �b,y:�oning code, at Leg. Code § 66101(e) pzesently provides that "any permitted or conditional uses may be combined on a parcel or within a building, provided that all uses meet other applicable provisions of this ordinance, including specific development standazds;" and 4 5 WHEREAS, the City's zoning code contains various provisions and standards for certain specified uses 6 that require these uses to be separated from one another, generally by distance, so that no two uses so 7 regulated may be combined on a parcel or within a building; and 9 10 11 12 13 14 15 16 17 18 19 20 21 ?2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 WHEREAS, the City's zoning code variously regulates the location of pawn shops and currency exchanges. For instance, each use is first permitted as a conditiox�al use in the City's B3 zoning district and is a permitted use in the City's B4 and BS dish In the City's indushial districts, a currency exchange is first permitted in an Il dishict while a pawn shop is classified as a conditional use in an Il district. 3�Teither use is permitted in the City's residential dishicts nor would they be permitted in the City's TN districts without a determination of similar use; and WHEREAS, it has been brought to the City's attention that some businesses in the City have been able to open and operate what are, in essence, cunency exchanges, by obtaining from the State of Minnesota, a certificate or license to operate as a type of banking company regulated by the State and, thereby, evade the City's 2oning regulations regarding the location of currency exchanges; and WHEREAS, the potential for new currency exchanges to operate in zoning districts under a state banking certificate or license where they would otherwise not be permitted under the City's zoning code wi11 result in land uses which are not consistent with the City's zoning ordinances, comprehensive plans, and ongoing planning and development goals; and WHEREAS, in light of the apparent inability of the City's present o�cial controls to adequately regulate new currency exchanges from opening within businesses in zoning districts where they are not otherwise perxnitted, the City Council, for the purpose of protecting the general health, welfare and safety of the public and for the purpose of preserving the status quo with respect to present land uses within the City, desires to immediately prohibit, subj ect to any exception provided for below, the establishment of any new currency exchanges within an existing business, on any parcel of land or part thereof within the boundaries of the City, until such time as a study of the problem and issues has been conducted, completed, and reported by the planning commission to Council and the Council has taken action on any recommendations arising therefrom; NOW, THEREFORE, BE IT RESOLVED, that the City's planning commission shall undertake a study of currency exchanges and how currency exchanges are regulated by State statute such that currency exchanges may be opened pursuant to a State banking statute and not be subject to regulation under the City's zoning powers as a principal or accessory use; and BE IT FURTHER RESOLVED, that upon any parcel of land or part thereof within the City, pending the completion of such a study and action by the City Council on the study, the issuance or approval of zoning /.Z+ tt -u-oF 09-1364 43 permits, site plan and lot split or plat approvals, building permits or occupancy certificates, for any 44 currency exchange located or otherwise operating within any another principal use, is hereby prohibited 45 until the expiration of rivelve months as provided in Minn. Stat. § 462.355, Subd. 4 or until such earlier 46 time as the City Council has taken action on and enacted any recommendation forthcoming from the said 47 zoning study; and 48 49 50 51 52 53 54 55 56 57 58 BE IT FURTHER RESOLVED, until such time as the said study has been completed and acted upon by the City Council, City departments receiving written requests for the approvals noted herein shall accept complete requests and immediately process them in accordance with the provisions of Minn. Stat. § 15.99, Subd. 2 and consistent with the intent expressed in this resolution and an accompanying interim ordinance which will be adopted at a later date consistent with the City's Charter; and BE IT FINALLY RESOLVED, that the moratorium provided for herein, shall be enacted as an interim ordinance pursuant to Minn. Stat. § 462.355, Subd. 4 under a separate ordinance adopted in conformance with City Charter Chap. 6, but for the computation of the duration of the interim ordinance, the effective date of the interim ordinance is the same as the original effective date of Council File 09-1349. Bostrom Stark Adopted by Council: Date Yeas� Nays � Absent� Requested by Department of: ✓ ✓ ✓ ra Adoption Cer / by Cou 1 Secretary BY / f //" s9/�d`l"il,ii�Sd� . Approved by Mayor: Date 2 `Z �`a B Y' ��� By: Approved by the Office of Financial Seroices By: Approved b ity Attorney � � °4 �� By . � /,./��G,�-��-- /2 - lG - o � Approved by Mayor foz Submission to Council By: � Green Sheet Green Sheet 09-136� Green Sheet Green Sheet Green Sheet Green Sheet , DepartmentlOfficelCauncii: Date Initiated: ? co-��°°°�� j 17DEC2009 Green Sheet NO: 3092517 � � � � Contact Person R Phone: ! 1 DepaAmeM SeMTo Person InHiailDate � � CouncilmemberThune � a Goaow II ----- I � I� 26 6-8610 � � I 1 Council � Deparmieut D'uector 4 I Must Be on Council Agenda by (Date); i Number i 2�LltS' Clerk � �ry Clerk I I � 23DEC-09 i For 3 � � � Routing I 4 I IO � iDOC.Type:RESOLUTION � Order I 5 � j � i E-Document Required: Y Document ConWCt: ConWct Phone: Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Reques[ing that the Planning Commission undertake a study on Zoning for C�nency Exchanges, and imposing a moratorium on ganting any permits or approvals of funue cuttency exchanges. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/frm ever worked under a contract for ihis department? CIB Committee Yes No � Civil Serv�ce Commission 2. Has this personffirm ever been a city empbyee? I Yes No 3. Does this person/firm possess a skill not normally possessetl by any current ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues. Opportunity (Who, What, When, Where, Why�: Advantages If Approved: Disadvantages If Approved: DisadvanWges If NotApproved: Total AmouM of Trensaction: CosVRevenus Budgeted: Funding Source: Activity Number: Financial Information: (Explain) December 17, 2009 6:58 PM Page 1