CR 93-149 Ordinance Amendment
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.September 1, 1993 I 0 '" Council Report 93-149
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ORDINANCE AMENDMENT - RELIGIOUS INSTITUTIONS "
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 93-93 approving Ordinance 93-725 for
first reading which amends the Zoning Ordinance to permit religious institutions as a conditional use permit
within the B-2 and B-3 zoning districts for first reading.
Mr. Hutchison moved and Mr. Johnson seconded a motion approving Resolution RZ93-10 recommending
approval of Ordinance 93-725. The motion was approved unanimously.
Overview.
In 1991 a moratorium was placed on permitting churches in the B-2 and B-J zoning district in order to give the
Commission time to review a possible ordinance change, Last October the City Council extended the
moratorium until October 1993. The moratorium can be extended for an additional six'months
At the March Zoning and Planning meeting the Planning Commission reviewed the information provided by the
staff and asked the staff to draft an ordinance prohibiting churches in the B-2 and B-3 zoning districts. The staff
, had recommended that religious institutions be regulated by a conditional use permit. After reviewing additional
.information of prohibiting religious institutions in the business district, it was determined that the elimination of
religious institutions in the business district raised some constitutional issues. As a result of reviewing further
information, the Commission directed staff to draft an ordinance that would permit religious institutions in the
B-2 and B-3 zoning districts with a conditional use permit. With this action a church would need to meet the
conditions outlined in the ordinance prior to receiving a permit to locate in the B-2 and B-3 districts.
The City Attorney has recommended that if the City desires to eliminate religious institutions from the business
districts, a study should be completed to support this decision.
The staff reviewed' the proposed amendment with the Planning Commission on August 31. Staff noted that the
proposed amendment had been reviewed by the Commission' for the past several months. There was little
discussion on this item.
Primary Issues to Consider.
0 Why was the moratorium proposed?
0 What are the legal issues regarding prohibiting churches in business districts?
0 Where will religious institutions be allowed if the attached ordinance is adopted?
0 What is the basis of the staff recommendation?
Supportine: Documents.
0 Analysis of Issues
. 0 Resolution 93-93
0 Ordinance 93-725
%rf(~ilooY"\
Nancy Anderson, AICP
Planner
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Primary Issues to consider.
0 Why was the moratorium proposed?
The moratorium was proposed by staff in order to give the Planning Commission time to review a possible
ordinance change which would restrict the location of religious institutions in the B-2 and B-3 districts. The B-2
district encompasses the downtown area. The B-3 district encompasses other commercial areas in the City.
These districts are more intense commercial/retail in nature and there was a concern about the compatibility of
religious institutions with the other commercial uses allowed in these districts. The Zoning Ordinance currently
allows religious institutions as a permitted use in all the residential districts and the business districts.
0 What are the legal issues regarding prohibiting religious institutions in the business districts?
The City Attorney has recommended that jf religious institutions are prohibited in the B-2/B-3 zoning districts a
study should to be completed. The study would need to justify the reasons for eliminating religious institutions in
commercial area by detailing the negative impacts they would.have in such areas.
If religious institutions are excluded from the business districts without any clearly defined reasons the City could
be . subject to future legal action and the subsequent legal costs from the group bringing the legal action if the City
lost the case.
-There was a recent case in Hastings that is similar to the situation in Hopkins, The facts of the case are as
follows:
0 Cornerstone Bible Church located its church in a commercial zone (C-3) in downtown Hastings.
0 Churches are not allowed in the C-3 zoning district.
0 The church requested that the property be' rezoned or the Zoning Ordinance amended to allow
churches in commercial areas. This request was denied by the City.
The Church challenged the City's ordinance of excluding churches from the central business district as a violation
of its rights to free speech, freedom of association, free exercise of religion, equal protection and due process.
The court decision was in favor of the church. There decision was based on the fact that: "The City has not
provided factual support for the assumptions that underlies its exclusion of churches, and. the alleged secondary
effects of churches on commercial activity remain a disputed factual issue."
The court also stated the following regarding the basis for the City denying the churches from the C-3 district.
"The City presented affidavits from two city planners containing little more than conclusory statements that
excluding churches from the C-3 zone is consistent with the City's planning process and historical land-use. "
.0 Where will churches be allowed ifthe attached ordinance is adopted?
Religious institutions will still be allowed in the residential districts and the B-1 business district as a permitted
use. In the B-2 and B-3 district they will also still be allowed but will require approval of a conditional use.
permit.
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0 What is the basis of the staff recommendation?
The staff is recommending that religious institutions are allowed by conditional use permit in the B-2 and B-3
zoning districts. By undertaking this action it will not be necessary for the City to expend time and funds
necessary to complete a study to justify this action. Religious uses would remain permitted in the B-2 and B-3
zoning districts with a conditional use permit and therefore there should be no basis for legal action against the
City unless an applicant is denied a conditional use permit for reasons which they feel are arbitrary and
capricious. Staff is recommending a variety of conditions that religious institutions would need to comply with
for approval of a conditional use permit. The conditions are meant to reduce potential negative impacts and
insure compatibly of religious institutions with more traditional retail uses being located side by side in these
districts.
Staff is recommending that churches are allowed in the B-1 district. The B-1 business district is a limited
business area, which is not as retail oriented as the B-2 and B-3 districts. The B-2 district essentially
encompasses the downtown area. The B-3 district encompasses other general retail/commercial areas in the
City.
Alternatives
.1. Approve Ordinance 93-725. By approving Ordinance 93-725, religious institutions will be permitted by
Conditional Use Permit in the B2/B-3 zoning districts.
2. Deny Ordinance 93-725. 'By denying Ordinance 93-725, the present ordinance would remain in force for
religious institutions as a permitted use within all the business districts.
3. Continue for further information. If the City Council indicates that further information is needed, the item
should be continued. The moratorium will expire in October if the City Council does not extend the
moratorium.
4. Recommend that a study is conducted to determine the positive and/or negative affects of religious
institutions in commercial areas. If the City Council indicates that a study shoulO be conducted, this item
should be continued.
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CITY OF HOPKINS
. Hennepin County, Minnesota
RESOLUTION NO: 93-93
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
AN APPLICATION FOR AN ORDINANCE AMENDMENT
WHEREAS, an application for an ordinance Amendment ZN 93-2 made
by the City of Hopkins is approved.
WHEREAS, the procedural history of the application is as
follows:
1- That an application for an ordinance amendment ZN 93-2 was
filed with the City of Hopkins on April 23, 1993.
2. That the Hopkins Planning Commission reviewed such
application on June 29, 1993, July 27, 1993, and August
31, 1993.
3. That the Hopkins Planning Commission, pursuant to
published notice, held a public hearing on the application
on June 29, 1993, July 27, 1993, and August 31, 1993: all
persons present at the hearing were given an opportunity
e to be heard.
4. That the written comments and analysis of the city staff
and the Planning Commission ~ere considered.
NOW THEREFORE, BE IT RESOLVED that the application for
ZN 93-2 is hereby approved based on the following Findings of Fact:
1. That it is appropriate to require religious
institutions to be permitted with a conditional use
permit in the B-2 and B-3 zoning districts in order
to maintain the integrity of these commercial areas,
and maintain the health, safety and welfare of the
religious institutions, adjacent properties, and the
community in general.
Adopted this 7th day of September, 1993.
Charles D. Redepenning, Mayor
ATTEST:
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James A. Genellie, city Clerk
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CITY OF HOPKINS
. Hennepin County, Minnesota
ORDINANCE NO 93-725
BE IT ORDAINED by the City Council oftheCity of Hopkins as follows:
That the Hopkins Zoning Ordinance No. 535 be and the same is hereby amended by
amending the following sections:
535.01 subd. 3. B-1 B-2 B-3
109. Religious institutions, etc X (2)XDD (2) XDD
535.03 subd. 2 DD
DD) Religious Institu~ions provided:
1. That there shall be no permanent or temporary living units on the property except for the
parsonage.
2. That there is adequate screening or buffering provided from abutting residential districts.
3. That there is adequate off-street loading and service entrances as detailed in section
550.09.
e. 4. , That there shall be no religious institution within 350 feet of a off sale or on sale liquor
establishment.
5. That there shall be no religious institution within 350 feet of an adult oriented business.
6. That the building occupying the religious institution shall meet the building occupancy
codes.
7. That a religious institution located in the B-3 district shall comply with the parking
requirements of section 550.05.
First Reading: September 21, 1993
Second Reading: October 5, 1993
Date of Publication: October 13, 1993
Date Ordinance Takes Effect: November 3, 1993
Charles D. Redepenning, Mayor
ATTEST:
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James A. Genellie, City Clerk