HomeMy WebLinkAbout8D - Churches in C-1 District
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STAFF AGENDA REPORT
DATE:
8D
JANE KANSIER, PLANNING COORDINA T050 11;;l
DONALD R. RYE, PLANNING DIRECTOR ~/qc
CONSIDER APPROVAL OF ORDINANCE 96-21
AMENDING THE ZONING ORDINANCE AND CITY CODE
TO ALLOW CHURCHES AND DAY CARE FACILITIES IN
THE C-1 (CONSERVATION) DISTRICT
SEPTEMBER 3,1996
AGENDA #:
PREPARED BY:
REVIEWED BY:
SUBJECT:
INTRODUCTION:
The purpose of this item is to consider approval of
Ordinance 96-21 amending the Zoning Ordinance and City
Code to allow churches and day care facilities in the C-1
(Conservation> district.
BACKGROUND:
The Planning staff recently fielded a question about
locating a day care facility in the Lutheran church on Five
Hawks Avenue. Upon researching this issue, the staff
discovered that this church is zoned C-1. Further review of
the Zoning Ordinance revealed that churches and day care
facilities are not a permitted or a conditional use in this
district. The result of this discovery is that the two
churches in the City located in the C-1 district are non-
conforming uses. This request has been initiated by the
staff in the interest of correcting an apparent oversight in
the ordinance.
The Planning Commission held a public hearing on this
amendment on August 12, 1996. The Planning
Commission recommended approval of this amendment. A
copy of the Planning Commission minutes are attached to
this report.
DISCUSSION:
The C-1 District was established to lire cognize vital
environmental resources of the community as steep slopes,
wetlands and unstable soil conditions and allow
development only after careful analysis." The application of
this district in the City has been inconsistent with the
stated objectives of the district. The C-1 district includes, in
16200 l!n~~h~t~~~ Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax fEft~h7-4245
AN EQUAL OPPORTUNITY EMPLOYER
-,..
ALTERNATIVES:
RECOMMENDA TION:
ACTION REQUIRED:
REPORT
ATTACHMENTS:
churchcc.doc
addition to the above,street and highway right-of-way,
schools, churches and some parks, in addition to wetland
and slope areas.
Normally, zoning ordinances are amended when there has
been a significant change in conditions, there has been a
Comprehensive Plan amendment or there was a mistake in
the original zoning. In this case, staff is of the opinion that
a mistake was made in including churches in a C-1 District
without making them a permitted use. In both cases, the
site of the church does not display characteristics which
would comport with the stated purpose of the C-1 District
and there does not appear to be any other circumstances
which would warrant such inclusion.
1. Adopt Ordinance 96-21 as recommended by the
Planning Commission.
2. Remove consideration of Ordinance 96-21 from the
consent agenda for further discussion.
3. In the event Alternative. #2 is chosen, discussion may
be continued in order for staff to provide additional
information as directed by the City Council.
4. Deny Ordinance 96-21 which would continue the status
of the two churches in the C-1 district as non-
conforming uses.
Adopt Alternative #1.
A motion as part of the consent agenda to adopt Ordinance
96-21.
1. Planning Report dated August 12, 1996
2. Minutes of August 12, 1996, Planning Commission
Meeting
3. Or lance
PAGE 2
CITY OF PRIOR LAKE
ORDINANCE NO. 96-21
AN ORDINANCE AMENDING SECTION 5-3-3 OF THE PRIOR LAKE CITY CODE
AND AMENDING SECTION 3.2 OF THE PRIOR LAKE ZONING ORDINANCE
83-6
The City Council of the City of Prior Lake does hereby ordain:
Section 5-3-3 of the Prior Lake City Code and Section 3.2 of the Prior Lake Zoning Ordinance
83-6 are hereby amended as follows:
In the listing of permitted uses under C-1 Conservation, insert the following:
14. Churches
15. Day Care Centers
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 3rd day of September, 1996.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
, 1996.
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
ord9621.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
4D
CONSIDER AMENDMENT TO ZONING ORDINANCE
TO PERMIT CHURCHES AND DAY CARE
FACILITIES IN THE C-l, CONSERVATION
DISTRICT
N/A nfJ.O
DONALD RYE, PLANNING DIRECTOR--U'~
_X_ YES _NO-N/A
AUGUST 12, 1996
INTRODUCTION: The purpose of this request is to consider an amendment to the
zoning ordinance which will allow churches and day care facilities in the C-l,
Conservation District.
BACKGROUND: Several weeks ago, staff received a call from the Department of
Human Services inquiring whether the Lutheran church located at Five Hawks Avenue
and Highway 13 was properly zoned to permit a nursery school- daycare facility. In
reviewing the ordinance, it was determined that the site is located in the C-l,
Conservation District. It was also discovered that, not only is day care not permitted in
the C-I district, neither are churches. This means that the two churches in the City
currently within the C-l district are non-conforming uses and are subject to the non-
conforming provisions of the ordinance.
DISCUSSION: The C-I District was established to " recognize vital environmental
resources of the community as steep slopes, wetlands and unstable soil conditions and
allow development only after careful analysis." The application of this district in the City
has been inconsistent with the stated objectives of the district. The C-l district covers
street and highway right-of-way, schools, churches and some parks, in addition to
wetland and slope areas.
Some time ago, serious consideration was given to eliminating the C-l District altogether
because there have been ordinance provisions added which address the concerns' for
which the C-l District was originally established. It is likely that this will be
accomplished in the new zoning ordinance.
For the present, however, the current provisions of the ordinance must be applied.
Normally, zoning ordinances are amended when there has been a significant change in
conditions, there has been a Comprehensive Plan amendment or there was a mistake in
16200 ~Jgy~~~~~e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
the original zoning. In this case, staff is of the opinion that a mistake was made in
including churches in a C-I District without making them a permitted use. In both cases,
the site of the church does not display characteristics which would justify its' inclusion in
the C-l District and there does not appear to be any other circumstances which would
warrant such inclusion.
This request has been initiated by staff in the interest of correcting an apparent error in
the ordinance.
ALTERNATIVES:
1. Recommend approval of the amendment to allow churches and day care facilities
in the C-l, Conservation zoning district
2. Recommend denial of the amendment
3. Continue the case for specific reasons
RECOMMENDATION: Alternative 1
ACTION REQUIRED: Motion and second to recommend approval of the attached
ordinance amendment
812964D.DOCIDR
2
D. Case 96-061 - Consider Amendment to Zoning Ordinance to permit churches and day
care facilities in the C-l, Conservation District.
The hearing was called to order at 8: 47 p.m. and a sign-up sheet was circulated to the public
in attendance.
Jane Kansier presented the information from the Staff Report dated August 12, 1996. This
request was initiated by staff in the interest of correcting an apparent error in the ordinance.
Staff recommended approval of the amendment.
Leanne Weyrauch, 16457 Five Hawks Avenue, stated she needs more information on the
subject and suggested including early childhood, family education and pre-school facilities
in the proposed amendment.
Comments from Commissioners:
V onhof:
. Parochial schools are permitted in the C 1 District but not churches.
. Agrees to include and cover all the uses.
Kuykendall:
. Questioned the role of the churches related to private enterprise and what can be allowed.
. As presented, he is not opposed.
Wuellner:
. The intent is to change the zoning ordinance in the near future.
. Kansier stated the intent is to look at the entire ordinance within the next year.
. The City does not want to piece meal the ordinance.
Stamson:
. It is a band aid issue until we can fix it later.
. Concurs with staff.
Criego:
. Need to specify what happens in the church?
. Jane responded schools are permitted in the district and daycare and pre-school will fit into
the ordinance.
MOTION BY VONHOF, SECOND BY WUELLNER, TO RECOMMEND APPROVAL OF
ORDINANCE 96-xx TO ALLOW CHURCHES IN A C-1 CONSERVATION ZONING
DISTRICT.
V ote taken signified ayes by V onhof, Kuykendall, Stamson, Wuellner and Criego.
MOTION CARRIED.
The public hearing was closed.
MN081296.DOC
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