Agenda - Planning Commission - 09/03/1996

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CASE #: [ PROPOSED ORDINANCE TO AMEND THE R-1 AND R-2 RESIDENTIAL DISTRICTS TO ESTABLISH CHURCHES AS PERMITTED USES By: Zoning Administrator Sylvia Frolik Background: As you may recall, New Life Church submitted an application to rezone certain property in the R-1 Rural Residential District to R-3 Urban Residential to permit development of their new facility on the site. The Planning Commission conducted the public hearing and forwarded the application to City Council with a recommendation for approval. Observations: The case was brought to Council on July 23 and Council did adopt findings of fact and introduce 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: As a follow-up to those comments, staff met with the City Attorney and reported the following information to Council. 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 residential district 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. Council agreed with City Staff that 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 was determined prudent to amend the R-2 Urban Residential District to allow churches as a permitted use at this time also. To allow the City more time to pursue a more appropriate avenue to facilitate the church's needs, City Staff 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 mzoning to R-3 Urban Residential. The applicant has indicated that upon a favorable action on the part of City Council and Planning Commission to amend the Rol 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 amending the R-1 and R-2 Residential districts to allow churches as permitted uses in non-residential structures only. The purpose of this qualifier is to prevent churches from acquiring an existing home in which to conduct their activities. A copy of the proposed ordinance is enclosed for your review.