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CR 92-205 Moratorium - Churches J '.e.... - .. . ~~. r / '\ ! September 30, 1992 \ i YO. .:M council Report 92-205 .OPK\~ MORATORIUM - CHURCHES ProDosed Action. Staff recommends the following motion: Move to approve Resolution 92-88 recommending approval to extend the moratorium on allowing religious uses in the B-2 and B-3 zoning districts. overview. Last October the City Council placed a moratorium on permitting religious uses in the B-2 and B-3 zoning districts. The existing Zoning Ordinance allows religious uses in the B-1, B-2 and B-3 zoning districts. The Zoning and Planning Commission reviewed allowing religious uses in the B-2 and B-3 zoning districts and asked staff to provide more information on what other cities are permitting. The staff has not gone back to the Planning Commission with. further information for the Planning commission to review. Primary rssuesto Consider. o . How long should the moratorium extend? supporting Documents. o Analysis of Issues o Resolution 92-88 o Council Report 91-177 CR92-205 Page 2 . Primary Issues to Consider. o HoW long should the moratorium extend? The state statue allows an extension for an additional 18 months. staff is recommending' that the moratorium is extended for an additional 12 months. An additional 12 months should allow the Planning Commission adequate time to %tudy the issue and make a recommendation. Alternatives. 1. Approve the extension to the moratorium. By approving the extension to the moratorium, churches will not be permitted in the B-2 and B-3 for a period of one year or until an ordinance amendment is adopted. 2. Deny the extension to the moratorium. By denying the extension to the moratorium, churches will be allowed in the B-2 and B-3 zoning districts. . . ;:. . . . CITY OF HOPKINS Hennepin'county, Minnesota RESOLUTION NO. 92-88 A RESOLUTION EXTENDING A MORATORIUM ON RELIGIOUS INSTITUTIONS IN THE B-2 AND B-3 ZONING DISTRICTS WHEREAS, the ci ty of. Hopkins, has adopted Ordinance 515-570 approving a zoning ordinance, and WHEREAS, the Ci ty has recei ved several inquires regarding locating religious institutions in the B-2 and B-3 district in the City of Hopkins; and WHEREAS, the ci ty Council has concerns regarding the ability for the City's existing code to adequately regulate religious institutions in the B-2 and B-3 zoning districts in the City of Hopkins and protect the public health, safety and welfare; . WHEREAS, it has been determined necessary, to protect the public health, safety and welfare, to establish a moratorium to allow the City of Hopkins to study issues pertaining to religious institutions in the B-2 and B-3 zoning districts and possible amendments to the city Code to better regulate said religious institutions. NOW THEREFORE, BE IT RESOLVED, that a moratorium prohibiting the use of religious institutions in the B-2 and B-3 districts is extended. said moratorium shall extend until october 6, 1993 or upon the enactment of a zoning amendment concerning this "matter, whichever comes first. BE IT FURTHER RESOLVED, City council extends an interim Ordinance 91-693 conforming in all respects to the moratorium adopted by this resolution. Passed and adopted by the Council of the city of Hopkins, Minnesota at a regular meeting held the 6th of October, 1992. JAMES A. GENELLIE city Clerk NELSON W. BERG Mayor JERRE MILLER city Attorney . . . ;- ! " \ I ." :. .. .~ . ~ . \ "{ y 0 m., -$- <;).. o PK \ '" council Report 91-177 August 15, 1991 KORATORIUM - RELIGIOUS INSTITUTIONS Proposed Aotion. Staff recommends approval of the following motion: Move to approve. Resolution 91-107 approving Ordinance 91-693 for first readina establishinq a moratorium on religious uses in the B-2 and B-3 districts. overview. On July 30, 1991 the Zoning and Planning commission recommended to the City council to adopt a interim ordinance placing a moratorium on permitting religious institutions in the B-2 and B-3 zoning. districts. currently religious institutions are allowed as a permitted use in all the business districts. The Commission was concerned with religious institutions occupying buildings in the B-2 and B- 3 districts. Recently interest has been expressed by a ,church to locate in the Hopkins House which is in a B-3 zone. The old Medalist Sports Club is in the process. of being rezoned to B-1 and will not be affected by this moratorium. Religious institutions are also allowed in districts with a conditional use permit. will not affect any religious use wanting residential district. all residential This moratorium to locate in a Primary o o Issues to Consider. How long should this moratorium last? Why have a moratorium for religious uses in the B-2 and B-3 districts? What is the difference in the B-1, B-2, and B-3 districts? o supportina Documents. o Analysis of Issues o Zoning Map o zoning Ordinance o Resolution 91-107 o Ordinance 91-693 ~ . . . CR 91-107 Page 2 primary Issues to Consider. o How long should the moratorium last? Staff is recommending that the moratorium last a year or until an ordinance is enacted. It is not intended that the moratorium will last a year. However, six months probably is not enough time for an ordinance change because the Planning commission only meets once a month. o Why have a moratorium for religious uses in the B-2 and B-3 districts? The existing ordinance allows religious institutions in the B-1, B-2 and B-3 zoning districts. Religious institutions are becoming 'less traditional in their locations and are moving into locations that in the past usually would not be used for a religious use. This moratorium will give the Planning Commission time to review the existing ordinance and determine if religious institutions should continue to be a permitted use in the B-2' and B-3 zoning districts. The outcome of the moratorium may be to leave the ordinance as it is. o What is the difference between the B-1, B-2 and B-3 districts? The difference in the business districts is in the uses that are allowed. The B-1 district is a limited business district, the least amount of uses are allowed in this district. The B-2 district is only the downtown area. The B-3 district is the general business district area which allows most business uses. Alternatives. 1. Approve the ordinance to place a moratorium on religious institutions in the B-2 and B-3 zoning districts. By approving Ordinance 91-693 religious institutions will not be allowed in the B-2 and B-3 districts. 2. Deny the ordinance to place a moratorium on religious institutions in the B-2 and B-3 zoning districts. By denying the Ordinance 91-693, the existing ordinance will remain the same which allows religious institutions in the B-2 and B-3 districts. . 3. continue for further information. indicates that further information is should be continued. If the council needed, the item :i . CITY OF HOPKINS Hennepin County, Minne~ota ORDINANCE NO:91-693 AN ORDINANCE ESTABLISHING A MORATORIUM ON RELIGIOUS INSTITUTIONS IN THE B-2 AND B-3 ZONING DISTRICTS WHEREAS, the city of Hopkins has adopted Ordinance No. 515-570 approving a zoning ordinance. WHEREAS, it has been determined that it is necessary for the health, safety, and welfare. of the residents of the City of Hopkins to study and consider an amendment to this ordinance regarding religious institutions in the B-2 and B- 3 zoning districts. WHEREAS~ Minnesota State Statues 462.355 subd. 4 allows a city to adopt an interim ordinance when undertaking study to revise the zoning ordinance by amendment. . NOW THEREFORE, BE IT ORDAINED by the city of Hopkins, Minnesota, ~. Effective upon adoption of this ordinance, a moratorium shall be imposed upon the approval of all religious institutions in the B-2 and B~3 zoning districts. This moratorium shall be for the purpose of allowing the city of Hopkins to study and consider an amendment to the zoning ordinance regarding religious institutions in the B-2 and B-3 zoning districts and shall expire October 8, 1992 or upon the enactment of a zoning amendment concerning this matter, whichever comes first. First Reading: August 20, 1991 Second Reading: september 3, ~991 Date of publication: September 18,1991 Date Ordinance is Effective: October 8, 1991 Nelson W. Berg, Mayor ATTEST: JamesA. Genellie, City Clerk .