HomeMy WebLinkAbout10D - Ord Amend re Churches
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
JULY 21,2003
100
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF AN ORDINANCE
AMENDMENT CONCERNING RELIGIOUS
INSTITUTIONS IN COMMERCIAL USE DISTRICTS
(Case File #03.51)
On July 7, 2003, the City Council continued this item to
allow the City Council adequate opportunity for
discussion due to the late hour.
History: The purpose of this public hearing is to consider
a Zoning Ordinance Amendment to allow religious
institutions as uses permitted with conditions in the C-1
(Neighborhood Commercial), C-2 (Community Business),
C-3 (Specialty Retail), and C-4 (General Business) use
districts. This amendment would provide additional use
districts for religious institutions, such as churches, to
locate within the City. The impetus for this amendment is
the potential reuse of the Assembly of God Church
located at the intersection of Boudin Street and TH 13.
The property to the north and south is zoned and
designated for commercial uses. Furthermore, it is
located on an arterial roadway, which lends to more
intense land uses.
Currently, the Zoning Ordinance allows religious
institutions as uses permitted with conditions in the R-S
(Rural Subdivision Residential), R-1 (Low Density
Residential), R-2 (Low-Medium Density Residential), R-3
(Medium Density Residential), and R-4 (High Density
Residential) use districts. (Note: Religious institutions
are defined as "a facility where people gather to relate or
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
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manifest faithful devotion to an acknowledged ultimate
reality or deity. This use is characterized by meeting
rooms, education and training practice, indoor activities,
intermittent parking needs, and group singing or chanting
and music. The assembly typically meets on weekends
or evenings. The building may be utilized at other times
for meetings and other activities. Accessory uses that
frequently accompany the principal use include day care
and park and ride."}
Current Circumstances: On June 9,2003, the Planning
Commission held a public hearing on this amendment
and recommended denial by a vote of 3 to 1. The
majority of the Commissioners did not support the
change due to the limited amount of commercially
designated and zoned land. Furthermore, they cited that
there was no imminent need for the change.
As a result of religious institutions being limited to
residential use districts, existing churches are designated
for residential uses on the 2020 Comprehensive Land
Use Plan Map. Some of the parcels, however, are
probably more appropriately designated for commercial
uses, based upon their location and the surrounding land
uses.
One means of rectifying this situation is to amend the
Zoning Ordinance to allow religious institutions in
commercial use districts. There are advantages and
disadvantages to this proposed amendment, as
elaborated in the following table.
TABLE 1
ADVANTAGES AND DISADVANTAGES OF
RELIGIOUS INSTITUTIONS IN COMMERCIAL USE
DISTRICTS
Advantages:
1. Allows reuse of existing churches as commercial
uses.
2. Allows land to be planned and zoned for appropriate
uses by characteristics of the land rather than the
existing use.
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Disadvantages:
1. Potential for noncommercial and tax exempt status of
limited available commercial land.
2. Reuse of existing commercial space may limit
redevelopment of these areas.
3. Potential parking issues associated with the reuse of
existing commercial buildings for churches.
Staff surveyed other suburban communities' regulations
concerning religious institutions in commercial zoning or
use districts. The majority of communities (Apple Valley,
Burnsville, Lakeville, Shakopee, and Woodbury) allow
such operations as a conditional use. Since religious
institutions may have accessory uses that tend to
increase the intensity of the overall principle use, many
communities utilize the conditional use permit process to
mitigate adverse impacts (e.g., vehicular traffic and
expansive parking) by attaching appropriate conditions.
However, the City of Savage does allow religious
institutions as permitted uses in commercial zoning
districts.
The attached draft ordinance proposes to allow a
religious institution as a use permitted with conditions in
all commercial use districts, with the exception of the C-5
(Business Park) use district because of its focus as a
district for office, manufacturing, and warehouse uses. In
the subject amendment, religious institutions are not
regulated through a conditional use permit process, as
utilized by surrounding communities. Staff does not
believe a public hearing process is necessary. The
proposed amendment would allow religious institutions in
C-1, C-2, C-3, and C-4 use districts provided the use
complies with the following three conditions:
1. All buildings shall be located at least 30 feet from any
lot line of a lot in an URn use district.
Purpose: A minimum setback will provide a visual
separation between potentially incompatible uses, as well
as provide adequate light and air to adjacent residential
property.
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2. A bufferyard, as determined by subsection
1107.2003, shall be constructed along all lot lines
abutting an uR" use district.
Purpose: A bufferyard combines distance and a visual
buffer or barrier to reduce the undesirable impact of a
use on neighboring property. It may consist of plantings,
fences, walls and/or berms to eliminate or reduce
potential nuisances.
3. Access shall be from a roadway identified by the
Comprehensive Plan as a collector or arterial or shall be
otherwise located so that access can be provided without
generating significant traffic on local residential streets.
Purpose: The access requirement will eliminate or
reduce interference of non-residential traffic with
residential traffic. Furthermore, it should alleviate or
prevent congestion of the public right-of-way and to
promote the safety and general welfare of the public.
These conditions are similar to the conditions imposed
for religious institutions in residential use districts. The
development of religious institutions would also have to
comply with other relevant performance standards
concerning landscaping, parking, lighting, architectural
standards, and signage.
Issues:
Zoninq Ordinance Amendment Findinqs: Section
1108.600 of the Zoning Ordinance states that final
determinations of the City Council shall be supported by
findings addressing the relationship of the proposed
amendment to the following policies:
1. There is a public need for the amendment.
The amendment would allow reuse of existing religious
institutions, and moreover permit such uses with
conditions in appropriate commercial use districts.
2. The amendment will accomplish one or more of
the purposes of this Ordinance, the Comprehensive
Plan, or other adopted plans or policies of the City.
Goals and objectives of the Comprehensive Plan include:
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. Determine and strive for a balance of commerce,
industry, and population. Monitor the amount of tax
exempt land held by others with the City's jurisdiction for
periodic evaluation;
. Encourage a diversified economic base and a broad
range of employment opportunities. Encourage a
mixture and diversity of industrial and commercial land
uses that will remain relatively stable under changing
economic conditions;
. Promote sound land use. Industrial and commercial
uses should be consolidated in planned areas. Reserve
sufficient space on arterial roads for neighborhood,
community, and regional commercial centers. New
development should contribute to the function and
success of the adjacent neighborhoods and the
community; and
. Maintain high standards in the promotion and
development of commerce and industry. Encourage,
regulate, and promote non-polluting and aesthetically
pleasing commercial and industrial development.
Maintain proper physical site screening and landscaping
standards. Develop and maintain traffic patterns keeping
industrial and commercial traffic clear of residential
areas.
The proposed amendment strives to accomplish these
goals and objectives by allowing religious institutions to
operate in residential as well as commercial use districts
with conditions.
3. The adoption of the amendment is consistent with
State and/or Federal requirements.
This amendment is consistent with Minnesota Statutes.
CONCLUSION:
The proposed amendment would allow a religious
institution as a use permitted with conditions in the C-1,
C-2, C-3, and C-4 use districts. The purpose of the
change is to allow the reuse of existing churches as
commercial uses. Any adverse impacts on adjacent
residential uses would be mitigated with the proposed
conditions.
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ALTERNATIVES:
RFCOMMFNOED
MOTION:
ATTACHMFNTS:
REVIFWFO BY:
The majority of the Planning Commission did not support
the amendment due to concern that allowing churches in
commercial use district would negatively inhibit the
development of more appropriate commercial uses.
Furthermore, they cited that the reuse of an existing
church could be addressed through the rezoning of the
property, rather than a zoning ordinance amendment.
The City Council has three alternatives:
1. Adopt an Ordinance approving the proposed
amendment as recommended by staff.
2. Deny the proposed Ordinance as recommended by
the Planning Commission.
3. Defer this item and provide staff with specific direction.
The staff recommends Alternative #1.
1. Ordinance Amel)dment 03-XX
2. ne 9 200 , Rianning Commission meeting minutes
I
.~
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CITY OF PRIOR LAKE
ORDINANCE NO. 03- XX
AN ORDINANCE AMENDING SECTIONS 1102.902, 1102.1002, 1102.1102, AND
1102.1202 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 1102.902 (C-1, Neighborhood Commercial) of the Prior Lake City Code is
hereby amended as follows:
Uses Permitted With Conditions.
(13) Religious Institutions. Conditions:
1. All buildings shall be located at least 30 feet from any lot line of a lot in an "R"
use district.
2. A bufferyard, as determined by subsection 1107.2003, shall be constructed
along all lot lines abutting an "R" use district.
3. Access shall be from a roadway identified by the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be provided
without generating significant traffic on local residential streets.
2. Section 1102.1002 (C-2, Community Business) Of the Prior Lake City Code is hereby
amended as follows:
Uses Permitted With Conditions:
(13) Religious Institutions. Conditions:
1. All buildings shall be located at least 30 feet from any lot line of a lot in an "R"
use district.
2. A bufferyard, as determined by subsection 1107.2003, shall be constructed
along all lot lines abutting an uR" use district.
3. Access shall be from a roadway identified by the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be provided
without generating significant traffic on local residential streets.
3. Section 1102.1102 (C-3, Specialty Retail) of the Prior Lake City Code is hereby
amended as follows:
Uses Permitted With Conditions:
(13) Religious Institutions. Conditions:
1. All buildings shall be located at least 30 feet from any lot line of a lot in an uR"
use district.
2. A bufferyard, as determined by subsection 1107.2003, shall be constructed
along all lot lines abutting an uR" use district.
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3. Access shall be from a roadway identified by the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be provided
without generating significant traffic on local residential streets.
4. Section 1102.1202 (C-4, General Business) of the Prior Lake City Code is hereby
amended as follows:
(20) Religious Institutions. Conditions:
1. All buildings shall be located at least 30 feet from any lot line of a lot in an "R"
use district.
2. A bufferyard, as determined by subsection 1107.2003, shall be constructed
along all lot lines abutting an "R" use district.
3. Access shall be from a roadway identified by the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be provided
without generating significant traffic on local residential streets.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
,2003.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
day of
,2003.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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Planning Commission Meeting
June 9, 2003
Vote taken indicated ayes by all. MOTION CARRIED.
C. Case #03-51: Consider an amendment to the Zoning Ordinance to allow
religious institutions as uses permitted with conditions in the C-1, C-2, C-3 and C-4
Commercial Use Districts.
Planner Cynthia Kirchoff presented the planning report dated June 9, 2003, on file in the
office ofthe City Planning Department.
The purpose of this public hearing is to consider an amendment to the Zoning Ordinance
to allow religious institutions as uses permitted with conditions in the C-l (Neighborhood
Commercial), C-2 (Community Business), C-3 (Specialty Retail), and C-4 (General
Business) use districts. This amendment would provide additional use districts for
religious institutions, such as churches, to locate within the City. The impetus for this
amendment is the potential reuse of the Assembly of God Church located at the
intersection of Boudin Street and TH 13. The property to the north is zoned and
designated for commercial uses. Furthermore, it is located on an arterial roadway, which
lends to more intense land uses.
The proposed amendment would allow a religious institution as a use permitted with
conditions in the C-l, C-2, C-3, and C-4 use districts. The purpose of the change is to
allow the reuse of existing churches as commercial uses. Any adverse impacts on
adjacent residential uses would be mitigated with the proposed conditions.
Staff recommended approval of the amendment as proposed.
Questions from Commissioners:
Stamson questioned if the City currently has any churches in the commercial districts as a
nonconforming use. Kansier said "No". At the time the City did the 1999
Comprehensive Plan they made sure all the churches were out of the commercial
districts. The Prior Lake Baptist Church is currently zoned Industrial and in order for
them to do an addition, it was rezoned to a residential district.
Stamson asked why it couldn't be rezoned when a church sells it property. Kansier
explained a situation and the problems that would occur. This issue has come up because
of the Assembly of God Church near commercial property. Kansier explained the
marketing situation. The staff is looking at all churches and zoning when looking at the
Comprehensive Plan.
Criego questioned if this is for existing churches or new churches. Kansier responded it
is for both.
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Planning Commission Meeting
June 9, 2003
Criego felt it was not logical for churches to purchase commercial-zoned land. Not sure
the City would want to create a zone for that. Kansier said that would be the down side
of it. A hindrance to that would be the cost of land.
Criego questioned if there was any other way of solving the issue. Kansier said there was
no other way, either churches would be in the district or not. The City cannot say some
are okay and some are not.
Criego questioned the zoning areas for Highway 13 and County Road 42. Kansier
responded it was currently zoned Cl and C2. The downtown area is zoned C3. Other
areas are zoned C4.
There were no comments from the public and the hearing was closed.
Comments from the Commissioners:
Ringstad:
. Staff did a great job in outlining the advantages and disadvantages ofthe issue.
. Appreciated Criego's comments, however, if the Commissioners approve this
tonight it does not mean 20 churches are going to relocate to the Prior Lake area.
Things like parks and churches add value to the community.
. Support proposal.
Lemke:
. Did not want to put up a road block to any church.
. Staffhas convinced me that this is an appropriate use.
. Questioned permitted use with conditions - would it be automatic if someone
went into a Cl, C2, C3 or C4 and proposed to build a church? The building
permit would be issued and that would be the end of it? Kirchoff said that is
correct and there wouldn't be a public hearing.
. Staff's comment with the price ofland would probably inhibit the change.
. Agreed with staff.
Stamson:
. Echo Criego's comments. The City does not currently have churches in the
commercial district. And we are not looking at any thinking about being reused.
. Stamson read the rezoning criteria. The procedures are in place to handle those
situations.
. We should look at providing the procedures when a church wants to change.
. On the other hand, to open commercial land which is needed for churches is not
unheard of. We allowed Shepherd of the Lake to rezone 40 acres that was
designated as commercial land and do not see the benefit to the City.
. It is going to get harder and harder to swap land.
. The Commission can make a strong argument for rezoning. Many churches are in
residential areas - this only applies to 2 churches. It is not necessary. There is
more than ample opportunity to address the issue.
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Planning Commission Meeting
June 9, 2003
. Oppose the change.
Criego:
. Agreed 100 percent with Stamson.
Open discussion:
Lemke asked what would happen if this was not approved and the language was changed
to a conditional use? Stamson said it would still be permitted; it would just have to meet
certain criteria.
Criego felt everyone is trying to do the right thing with the current church at issue, but
going about it the wrong way. We should not expose all our commercial property because
of this situation. It is not right to allow a use when we know it will reduce the amount of
commercial land in the community. Prior Lake has very little commercial land available.
Stamson stated in contrast there is ample residential land. The argument cannot be made
that churches are being hindered or redeveloping because there is not enough Rl land. If
that was the case, this might make sense.
Criego felt the answer is not to change the ordinance every time there is a unique
problem.
Ringstad questioned if the issue before them because of the Assembly of God Church
situation or is there a broader reason. Kansier said the Assembly of God situation was
the trigger. If churches had been allowed in commercial districts that property would not
be designated residential. It would be zoned commercial, which is more appropriate. An
ordinance cannot be written to fit every need. Staff looked at other cities ordinance and
considered the pros and cons and came to the conclusion that churches are generally
permitted in all districts. If the Commissioners feel more public review is necessary, it
could be made into a conditional use permit. It is correct that churches could buy
commercial property. It is a risk but commercial land values are very high compared to
residential land.
Stamson felt Kansier's argument is right for other communities. Prior Lake has very
little commercial areas. There is plenty ofR1land. This would allow building in any of
the Commercial districts and that does not make sense. In the case of downtown, the
VFW could sell to a church. Same with the Priordale Mall. That is not the types use we
want to promote in those areas. There are some situations where churches are sitting on
R1 land but the ordinance and State law gives us a procedure to look at these incidents.
That is a far better approach than opening up "C" districts to churches.
Lemke and Ringstad stated they were swayed by Criego and Stamson's arguments.
Ringstad is not convinced that it would not be a problem or abuse to rezone to
commercial at this time.
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Planning Commission Meeting
June 9, 2003
MOTION BY CRIEGO, SECOND BY STAMSON, RECOMMENDING DENYING
ORDINANCE 03-XX AN ORDINANCE AMENDING SECTIONS 1102.902,
1102.1002, 1102.1102, AND 1102.1202 OF THE PRIOR LAKE CITY CODE
Vote taken indicated ayes by all. Ringstad nay. MOTION CARRIED.
6. Old Business:
7. New Business:
8. Announcements and Correspondence:
Kansier reminded the Commissioners of the second annual Surf and Turf workshop on
June 30th.
9. Adjournment:
The meeting adjourned at 7:35 p.m.
Connie Carlson
Recording Secretary
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