Agenda - Council - 08/13/1996 - Laserfiche WebLink

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I I I I ! I I I I I I I I I I I I RIBRAL RESIDENTIAL TO R-3 URBAN RESIDENTIAL; CASE OF NEW LIFE CHURCH By: Zoning Administrator Sylvia Frolik Background: New Life Church has acquired property on the east side of T.H. #47 at about 172nd Lane. They are proposing to build their new church structure on the property but it is zoned R-1 Rural Resideatial, for which churches are not a permitted use. Consequently, the City received formal application for a rezoning of the property to R-3 Urban Residential, for which church~s are a permitted use. On July 2, 1996, the Planning Commission conducted the public hearing and recommended rezoning the property to facilitate the development of the church. The case was brought to Council on July 23 and Council did adopt findings of fact and introduced an ordinance to rezone the property as requested. However, during the Council discussion there were concerns expressed regarding the development potential for a high density urban parcel in the rural district if the church did not become a reality. Observations: Staff has met with the City Attorney and it has been determined that City Code is not specific enough to apply 4 in 40 density zoning to urban zoned parcels that do not have sewer and water available to them. Therefore, if the church did not become a reality it is possible that a developer would have the right to develop the property with one acre lots for single family dwelling units. In addition, City Attorney Goodrich has also researched case law and Minnesota courts have ruled that religious facilities should not be excluded from any residentialldistrict unless the city proves that such exclusion or denial is a necessary exercise of the police power in furtherance of the public health, safety and general welfare. The simplest solution to facilitate the church's request would be to amend the R-1 Rural Residential DiStrict to allow churches as a permitted use. (In lieu of the court decisions, it is probably prudent to amend the R-2 Urban Residential District to allow churches as a permitted use also.) However, this would raise some concern that a religious group could convert a pre-existing dwelling into a religious facility. To allow the City more time to pursue a more appropriate avenue to facilitating the church's needs, City Stiff has invoked the 60 day extension allowed by State Statute for making land use decisions. The City now has until October 10 to make a final decision on the request for rezoning to R-3 Urban Residential. The applicant has indicated that upon a favorable action on the part of City Council to amend the R-1 Rural Residential District, the church feels comfortable in proceeding to close on the purchase agreement for the property and accepting a denial to the rezoning request. Recommendation' City Staff recommends that the City Council direct the Planning Commission to conduct a public hearing to consider amending thg regulations of the R-1 Rural Residential and R-2 Urban Residential Districts to allow churches either with a conditional use permit or in non- residential structures only.