Title
Approving an interim ordinance pursuant to Minn. Stat. § 462.355, Subd.4 pending the completion of a Zoning Study on Sober Houses and Supportive Housing Facilities.
Body
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Legislative Intent Statement: The Council of the City of Saint Paul finds that due to recent changes in the funding of sober living/recovery residences and associated state-level requirements that there have been numerous facilities changing their City zoning classification from Sober Houses, as defined in Leg. Code § 65.161, to become Supportive Housing Facilities, as defined in Leg. Code § 65.162, and resulting variance applications for relief from the more restrictive minimum distance requirements that apply to Supportive Housing Facilities. It is in the interest of both residents living in this type of housing as well as the residents of the City to prevent clustering and overconcentration of these facilities, in order to prevent institution-like environments for this type of housing. The following interim ordinance is necessary for the immediate preservation of the public peace, health, morals, safety, and welfare, because of the risk of clustering of Supportive Housing Facilities in a way that creates institution-like housing environments, and because of the risk of overconcentration of vulnerable adults into Supportive Housing Facilities.
The Council further finds that the potential for Supportive Housing Facilities to become clusters of institution-like housing, and the potential of overconcentration of Supportive Housing Facilities is incompatible with the City’s Comprehensive Plan. This raises substantial questions relating to the ability of the City’s present official controls to assure compliance with the City’s Comprehensive Plans and to control clustering of Supportive Housing Facilities and to control overconcentration of Supportive Housing Facilities.
The Council also finds that the minimum distance requirements for Supportive Housing Facilities and other related code provisions may be overly restrictive to accomplish City goals related to avoidance of creating institutionalized housing environments, while being harmful to other City goals such as producing and preserving sufficient affordable housing.
The Council further finds that a well planned and consistent approach to updating City regulation is in the City’s best interest.
Considering these concerns, the Council has requested that City staff and the Planning Commission undertake a zoning study of current land use and land use classifications of Sober Houses and Supportive Housing Facilities in the City of Saint Paul which the Council describes as the “Zoning Study on Supportive Housing Facilities.”
The Council further finds that the Planning Commission’s Zoning Study on Supportive Housing Facilities may lead to the adoption of amendments to its official zoning controls within the City of Saint Paul and in light of the pending Zoning Study on Supportive Housing Facilities, and for the purpose of identifying an overall vision for zoning controls of these classifications of housing, and the immediate need to preserve the status quo with respect to land use in order to protect the general health, welfare and safety of the public pending the conclusion of the said study, the Council desires to temporarily prohibit any applications for variances, CUPs and other zoning controls for Sober Houses and Supportive Housing Facilities located within the City of Saint Paul until such time as the Zoning Study on Supportive Housing Facilities has been completed and the Council has taken action on the recommendations contained therein.
Minnesota Statutes, section 462.355, subd. 4 provides that if a municipality is conducting studies or has authorized a study to be conducted for the purpose of considering adoption or amendment to an official control, the City Council may adopt an interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of its residents. An interim ordinance may regulate, restrict, or prohibit any use within the city for a period not to exceed one year from the effective date of the interim ordinance.
Section 2
The City Council hereby initiates a study on the zoning controls necessary to address the concerns raised in Section 1 relating to Sober Houses and Supportive Housing Facilities and directs City Staff and the Planning Commission to provide a report and recommendation to the City Council as soon as practical.
Section 3
Moratorium Imposed: Pursuant to Minn. Stat. § 462.355, Subd.(4)(a), on any parcel of land or part thereof within the City of Saint Paul, the issuance or approval of any variances, conditional use permits, or other zoning controls for Sober Houses and Supportive Housing Facilities is prohibited until the expiration of twelve months following the effective date of this interim regulation which shall be calculated based upon the effective of the Council’s Resolution requesting the Zoning Study on Supportive Housing Facilities, or until such earlier time as the Council of the City of Saint Paul has taken action on the recommendations contained in the study.
A prohibition on the establishment of new uses or the expansion of uses of Supportive Housing Facilities and Sober Houses is necessary to ensure that the City has sufficient time to study potential zoning controls that will protect the health and safety of the residents of Sober Houses and Supportive Housing Facilities as well as all residents of the City of Saint Paul. There is insufficient time to complete the ordinary procedure for introduction and adoption of a city ordinance and planning commission review as required by the City Charter and Code.
Section 4
Effective Date: This interim ordinance shall be effective thirty (30) days after its passage, approval and publication and supersedes the interim protections established under the Council’s bridge resolution in this matter. The moratorium on zoning controls for Sober Houses and Supportive Housing Facilities will run from August 6, 2025, the date of the Council’s bridge resolution in this matter, to August 5, 2026, or until such earlier time as the Council of the City of Saint Paul has taken action on the recommendations contained in the study.
Section 5
Every section, subsection, provision, or part of this Ordinance is declared severable from every other section, subsection, provision, or part. If any section, subsection, provision, or part of this interim ordinance is adjudged to be invalid by a court of competent jurisdiction.
Every section, subsection, provision, or part of this Ordinance is declared severable from every other section, subsection, provision, or part. If any section, subsection, provision, or part of this interim ordinance is adjudged to be invalid by a court