CR 91-143 Zoning Amendment - Religious UsesI Y O
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June 26, 1991
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ti P K ` Council Report: 91 -143
ZONING AMENDMENT - RELIGIOUS USES IN INDUSTRIAL DISTRICTS
Proposed Action
Staff recommends the following motion: Move to approve Resolution R91-
78 denyinct an amendment to the zoning ordinance to allow religious
uses in the I -2 zone.
The Commission on a 5 -1 vote approved Resolution RZ 91 -15 denying an
amendment to allow religious uses in the I -2 zone.
After the Commission approved Resolution RZ91 -15, Mr. McGlennon moved,
and Mr. Woodrich seconded, the following motion: Move that staff
return next meeting with alternatives to see if there is a wav
consistent with the comprehensive plan to accommodate the needs of the
church, the building owners of the community, and the people along
Blake Road.
Overview
Living Waters Christian Church is proposing to buy the old Medalist
Health Club located at 1002 Second Avenue N.E. for their church.
Currently the site is zoned' 1-2, general industrial which does not
allow religious uses as a permitted or conditional use. The applicant
has the following two options available at this point to allow a
religious use at this location:
• request a rezoning of the property to residential
• request a zoning amendment to allow religious uses in the I -2
general industrial district
•
The staff advised the applicant, if he wished to pursue this matter,
to request a zoning amendment since the rezoning of the property would
be considered spot zoning.
See zoning and planning notes on following page.
Primary Issues to Consider
o Is a religious use an appropriate use for an industrial area?
o What are the specifics of the proposed site?
o What are the ramifications of allowing religious uses in
industrial areas?
o What do other cities allow?
o Is a religious use in the industrial district consistent with
the Comprehensive Plan?
Supporting Documents
o Analysis of Issues
o Location Map
o Site Plan
o Zoning Map
o Industrial District Uses
o Resolution No. R91 -78
o Ordinance No. 91 -682
Fffiffri-I &
Nancy So. Planner
NOTES FROM ZONING AND PLANNING MEETING
Jim Hzlek, representing the applicant, appeared before the Commission.
Mr. Hzlek reviewed the request for the Commission. Mr. Hzlek stated
that other cities have churches in the industrial districts. There
was considerable discussion about the compatability of churches in the
industrial district.
The Commission indicated that the old Medalist building would not be a
bad location for a church, but did not want to allow churches in the
industrial districts.
C
Primary Issues to Consider
o Is a religious use an appropriate use for an industrial
area?
Zoning is tool that a city can use to protect the health, safety and
welfare of the citizens. One of the original purposes of zoning was
to separate noxious industrial uses from residential areas.
Traditionally, industrial zones have been either "light industrial" or
"heavy industrial" districts. Light industrial districts generally
include uses such'as warehouses and light assembly plants, which have
little impact on surrounding neighborhoods other than truck traffic
and visual impact. Heavy industrial uses include steel mills and
manufacturing facilities likely to create noise, odors, or smoke that
can affect surrounding areas.
The existing ordinance allows religious uses in residential districts
only. Traditionally religious uses have only been allowed in
residential districts because religious uses area compatible use with
residential district's. Also, such uses draw much of their
congregation from the surrounding neighborhood. Recently in other
cities more religious uses have been appearing in business districts
as store front churches and in industrial' areas because of the large
buildings. A religious use may fit in an industrial area in another
city. However, Hopkins' industrial area is older and has many uses
that exist today that are not compatible with a religious use., A
large I -2 area is located in south Hopkins. Some of the uses in this
area are the' following:
• A construction company, with heavy equipment
• Several auto repair related uses.
• An auto impound lot
The area that the subject church is currently located is in an
industrial area in Minnetonka. However, the church now is located in
a multi- tenant building which can absorb parking on Sundays and in the
evenings.
o What are the specifics of the site?
The subject - site where the applicant is proposing to operate their
church is located between two industrial uses, an auto impound lot and
a petroleum storage facility /gas station. These uses are not exactly
compatible with a religious use.
The Comprehensive Plan has designated this site as commercial.
•
o What are the ramifications of allowing religious uses in
industrial areas?
If the zoning ordinance were amended as proposed, a religious use
would be allowed anywhere in an I -2 district. The question in this
situation is how compatible is a religious use with the other
permitted uses in the industrial districts.
The proposed building is suited for a religious use because of the
facilities. But, in making a zoning change all the other I -2
locations and buildings that a religious use could locate must also be
considered. The old Medalist Sport Club is zoned I -2. Attached is a
zoning map which indicates the locations of all the other I -2
districts in the City. Also attached are -the permitted uses in the I-
2 district.
In the staff's opinion a industrial area is not the appropriate zoning
district to locate a religious use. There are uses allowed in
industrial districts which can create odors and ,noise that are not
compatible with a religious use. Some industrial uses operate 24
hours a day, 7 days a week which also could cause problems.
o What do other cities allow?
Information regarding religious uses in the industrial district has
been provided from the following cities:
- Burnsville
- Brooklyn Center
- Bloomington
- Minnetonka
- Richfield
Although these cities allow religious uses in industrial districts,
there is one factor consistent through these cities, religious uses
are allowed only in multi - tenant buildings. The Burnsville staff
report states the following "Staff does not support the concept that a
religious assembly use would be a good and proper use of industrial
land as a single tenant or land owner, or occupy more than half of a
facility since the primary land uses in the industrial district are
not intended to be pure offices or assembly uses. However, a
religious use as a tenant in a multi- tenant building is appropriate
because the landlord will monitor the parking needs of all his tenants
to determine if any conflicts would be created."
I also spoke to several other cities regarding if they allowed
religious uses in the industrial districts. The following is a list
of cities that I contacted that do not allow religious uses in the
industrial areas:
- Columbia Heights
- Maple Grove
- Crystal
•
Robbinsdale
White Bear Lake
Blaine
Hastings
The general indication from these various cities was that a church was
not an appropriate use for an industrial area.
Fridley has one religious use in a multi- tenant building. Religious
uses are not allowed in a free standing structure.
o Is a religious use in the industrial districts consistent
with the comprehensive plan?
The Comprehensive Plan states the following: "Industrial development
and redevelopment continue to be important to the community for
purposes of tax base and employment." Allowing religious uses in the
industrial'district is not consistent with this statement.
Alternatives
1. Approve Resolution R91 -78 denying Ordinance 91 -682. This
action would not allow religious uses as a conditional use in
the I -2 district.
2. Approve for a first reading Ordinance 91 -682. This ordinance
would allow religious uses as a conditional use in the I -2
district.
3. Continue for further information. If the City Council
indicates that further information is needed, the item should
be continued.
M
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 91 -682
ORDINANCE PERMITTING CHURCHES_AS
A CONDITIONAL USE�IN THE I -2 DISTRICT
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN
AS FOLLOWS:
That the Hopkins Zoning Ordinance 515 -570 be and the
same is hereby amended by adding the following provisions:
540.03. Conditional uses: I districts.
Religious uses are permitted within the I -2 district with
the following conditions:
1. That the required parking is either on -site or in a
designated leased or owned off -site parking area.
No on street parking is allowed.
2. No off premises signage is allowed.
3. If traffic becomes a problem, the religious
organization will provide traffic control.
4. There shall be no overnight lodging allowed on site.
First Reading:
Second Reading:
Date of publication:
Date ordinance is Effective:
ATTEST:
July 2, 1991
July 16, 1991
July 31, 1991
August 19, 1991
Nelson W. Berg, Mayor
James A. Genellie, City'Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 91 -78
RESOLUTION MAKING FINDINGS OF FACT AND DENYING APPLICATION
FOR ORDINANCE AMENDMENT ZN:91 -5
WHEREAS, an application by Living Water Church for an ordinance
amendment is hereby denied.
WHEREAS, the procedural history of the amendment is as follows:
1. That the application for Ordinance Amendment was
filed with the City of Hopkins on June 10, 1991.
2. That the Hopkins Planning Commission reviewed such
application on June 25, 1991.
3. That the Hopkins Planning Commission, pursuant to
published and mailed notices, held a public
hearing on June 25, 1991; all persons present at
the hearing were given an opportunity to be heard.
4. That the written comments and analysis of the City
Staff and the Planning Commission were considered.
NOW THEREFORE BE IT RESOLVED, that application for ZN:91 -5 is
hereby denied subject to the following Findings of
Fact:
1. Allowing religious uses in the I -2 zoning district as a
conditional use would compromise the integrity of the
I -2 zoning district.
2. Allowing religious uses in the I -2 zoning district
would open all other I -2 property in the City for
religious uses which could potentially have a negative
impact on the City's industrial area and the City's
attempt to draw industry to the City for the creation
of jobs and a stronger tax base,
3. The location of religious uses in an industrial area
may impose more stringent requirements on adjacent
industrial uses.
4. A religious use in an industrial zone, and in
particular a heavy industrial zone such as the I -2
zone, is an incompatible use.
5. Allowing religious uses in an I -2 zone by conditional,
use permit is inconsistent with the City's
Comprehensive Plan.
BE IT FURTHER RESOLVED, that application for ZN: 91 -5 is hereby
,denied.
Adopted this 2nd day of July, 1991.
ATTEST:
Nelson W. Berg, Mayor
James A. Genellie, City Clerk
Hopkins
I s
City Code (Zoning)
Section 540 - Zoning: industrial districts
540.01
(Revised 3/27/90)
540.01. Industrial districts Within the I-1- and I -2 districts, no buildings or land
shall be used except for conducting one or more of the uses classified as permitted,
accessory or conditional and in accord with the standards and specifications so
stated. Such uses shall include manufacturing, - fabrication, repair, storage,
wholesale sales. Uses not totally conducted within a building shall require a
conditional use permit approval. (Amended Ord. 90 -670)
Permitted uses
I -1
I -2
Food and eatable products
X
X
Apparel and textile products
X
X
Apparel from leather, plastic
X
X
Wood products
X
X
Furniture, fixtures
X
X
Paper products
X
X
Electric appliances, motor, etc.
X
X
Printing - publishing
X
X
Chemical and allied products
X
X
Commercial Kennel
X
X
Rubber and plastic
X
X
one, clay, glass products
X
X
ices (Ord. #80 -480 2/3/81)
X
X
rimary metal products
X
X
Metal fabricating
X
X
Petroleum storage
X
Blacksmithing -- welding
X
Boat mfg. repair, storage
X
Auto reduction yard
X
Building contractors yard
X
Ice, cold storage plant
X
x
Laundry
X
Lumber yard - millworks
X
Rental
X
Restaurant
X
Trade school
X
Research lab
X
Building materials yard
X
X
Vehicle painting, body work, repair
X
X
Billboards and signs as provided in this ordinance
X
X
Minimum lot area in square feet
10,000
12,000
Minimum lot width in feet
100
100
Minimum lot depth in)feet
100
120
F.A.R.
.60
.60
Minimum front yard in feet
20
20
*mum front yard if across R.O.W. from
district
Ohln
75
50
imum side yard *, * **
20
20
j mum side yard abutting R district
40
40
(Amended Ord. 540)
+ L + J
THE CITY OF
HOPKINS , MINNESOTA
N[NNKPIN COUNTY
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R -I -B SINGLE FAMILY HIGH DENSITY
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R -1 -D SINGLE FAMILY LOW DENSITY
R -I -E SINGLE FAMILY LOW DENSITY
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t I_ _ R -3 MEDIUM DENSITY MULTIPLE FAMILY
k% R -4 MEDIUM HIGH DENSITY MULTIPLE FAMILY
R -4 PLANNED UNIT DEVELOPMENT
-- - _ R -5 HIGH DENSITY MULTIPLE FAMILY
R -6 MEDIUM DENSITY MULTIPLE FAMILY
B -1 LIMITED BUSINESS
13 -2 CENTRAL BUSINESS
B -3 GENERAL BUSINESS
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