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115451 2 3 4 5 6 7 8 V1 10 11 2003072425 • • Filed &R3 Recorded i58 RR Filed 6 Recorded in Official Records of CRROLYN STRLH Pawl COUNTY RESOLUTION NO. 11,545 CIRCUIT /WJM CLERK Fees $11.08 A RESOLUTION TO ESTABLISH A MORATORIUM UNTIL AUGUST 12, 2003, ON THE ISSUANCE OF BUILDING PERMITS, AND OCCUPANCY PERMITS, FOR ANY RESIDENTIAL TREATMENT AND TEMPORARY HOUSING FACILITIES; TO ANNOUNCE THE INTENTION OF THE BOARD OF DIRECTORS TO CONSIDER A POSSIBLE ORDINANCE AMENDMENT AS TO THE SITING OF RESIDENTIAL TREATMENT AND TEMPORARY HOUSING FACILITIES; AND FOR OTHER PURPOSES. 12 WHEREAS, the City has recently been asked to consider siting requirements for 13 residential treatment or temporary housing facilities, and is currently cooperating with a 14 committee of the Downtown Partnership, as well as a committee under the direction of Vice 15 Mayor Willie Hinton, to look into these issues, and 16 WHEREAS, questions about the location of such a facility on Capitol Avenue, and the 17 propriety of a temporary moratorium, were postponed while the Downtown Partnership 18 looked into this specific case and the proposed owners voluntarily withheld taking any action 19 for a period of sixty (60) days, and 20 WHEREAS, there have been comments about additional facilities trying to locate within 21 the City, and the Board of Directors would like the opportunity to establish a uniform policy 22 about the siting of such facilities without taking any actions that would be contrary to state or 23 federal constitutional provisions, or in contravention of the federal Fair Housing Act, and 24 WHEREAS, a temporary moratorium on the issuance of building permits or occupancy 25 permits, except for ongoing or scheduled repairs for existing facilities, and a statement of •d.awn.n+ae 26 intention to reconsider the current zoning definition and classification on th:�es o"C faei {ties+ 27 H at•_. [PAGE 1 OF 21 = `Zy`.k "".�• %'.:4'(Z:. A - Reaolulion Moratorium on occupancy and building permit; for V• �;,.v ^�,,:In, '� Residential treatment and temporary housing facilitig + I�r4.: nl •j' �y •rann, an nsc'• °n 0 0 1 should put all interested parties on notice that the City is concerned about the development and 2 implementation of a fair, just and comprehensive policy on the siting of such facilities. 3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE 4 CITY OF LITTLE ROCK, ARKANSAS: 5 Section 1. The Board declares that until August 12, 2003, no building permits or 6 occupancy permits for residential treatment or temporary housing facilities shall be issued, 7 provided that this moratorium shall not apply to any such permits for existing facilities that are 8 undergoing repairs or rehabilitation only. 9 Section 2. The Board further announces its intention to consider the present zoning 10 classification that is used for such facilities, and whether any amendments or modifications to 11 that classification, or the process, should be made. 12 Section 3. Severability. In the event any title, section, paragraph, item, sentence, 13 clause, phrase, or word of this resolution is declared or adjudged to be invalid or 14 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the 15 resolution which shall remain in full force and effect as if the portion so declared or adjudged 16 invalid or unconstitutional was not originally a part of the resolution. 17 Section 4. Repealer. All laws and parts of laws inconsistent with the provisions of 18 this resolution are hereby repealed to the extent of such inconsistency. 19 ADOPTED: July 1, 2003 20 ATTEST: 21 22 23 N ncy Wo d, City Clerk 24 25 APPROVED AS TO LEGAL FORM: 26 27 AU 28 Thomas M. Carpenter, Ci Attorney [PAGE 2 OF 2] Resolution Moratorium on occupancy and building permits for Residential treatment and temporary housing fadlities APPROVED: Willie Hinton, Vice Mayor