CR 91-164 Rezoning - 1002 2nd St NE\ T Y O
July 31, 1991 y 5 I Council Report: 91 -164
O P K
• REZONING - 1002 2ND STREET N.E.
Proposed Action
Staff recommends the following motion: Move to adopt Resolution 91 -98
approving for first reading Ordinance 91 -692 to rezone the property from I-
2, general industrial to B -1, limited business
The Zoning and Planning Commission unanimously approved Resolution RZ 91 -16
recommending the rezoning of 1002 2nd Street N.E. from I -2 to B -1.
Overvi W
Living Waters Christian Church wants to purchase the old Medalist Sports
Club for their church facility. Currently the site is zoned I -2, general
industrial, which does not allow churches as a permitted or conditional
use.
Previously the Commission recommended to the City Council not to permit
religious uses in the industrial districts. The City Council, in reviewing
this matter, felt that the church use was acceptable on this site. A first
reading on a zoning amendment to allow churches in industrial areas was
approved. The second reading has been continued pending the outcome of
rezoning the property, which was felt to be a more appropriate method to
allow the church use. Both the Planning Commission and the City Council
have directed staff to look into other alternatives to allow the church at
he subject site.
The staff is recommending the site be rezoned to B -1, which allows
religious institutions as a permitted use.
The staff reviewed the applicant's request with the Commission. There was
little discussion on this matter.
The Commission also made a motion recommending that the City Council
establish a moratorium on allowing religious institutions in the B -2/B -3
districts. This item will be on the City Council agenda on August 20.
Primary Issues to Consider.
o Is a religious use allowed in'the B -1 district?
o What has the Comprehensive Plan designated this site?
o Why rezone the site to B -1 rather than B -2 or B -3?
o Will the site meet the requirements for a church in the Zoning
Ordinance?
o Would this be spot zoning?
o What is the schedule for rezoning of this property?
Supportina Documents.
• Analysis of Issues
• Alternatives
• Location Map
• Site Plan
• Resolution 91 -98
o Ordinance No. 91 -692
Nancy S. Anderson, Planner
CR: 91 -164
Page 2
Primary Issues to Consider
o Is a religious use allowed in the B -1 district?
Religious institutions are allowed as a permitted use in the B -1, B -2 and
B -3 districts. There is no conditional use permit required.
o What has the Comprehensive Plan designated this site?
The Comprehensive Plan has designated this site as a commercial site. When
the new Comprehensive Plan was being compiled it was recognized at that
time that the most appropriate use of this property would be commercial.
The zoning as proposed would comply with the Comprehensive Plan Land Use
Plan.
o Why rezone this site to B -1 rather than B -2 or B -3?
Presently churches are allowed in residential and B -1, B -2 and B -3 areas.
The difference between the various business districts is in the uses that
are allowed. The B -1 district is a limited business district, the B -2
allows more uses than the B -1 but is only located in the downtown area, and
the B -3 district is the general business district, which allows most
business uses. Staff has a concern about the impact of churches locating in
the more intense B -2 and B -3 areas. As a result, staff is recommending that
the subject site is zoned to B -1. Staff is considering recommending an
amendment to the zoning ordinance in the near future not to permit
religious institutions in the B -2 and B -3 districts. If this amendment were
approved and the site zoned B -3, 'the church use would become non-
conforming. Also, the B -2 district is only located in the downtown area.
o Will the site meet the Zoning Requirements for a church?
The only requirement that the applicant will have to comply with is the
parking requirement... The zoning ordinance requires one space for each
three and one -half seats based on the design capacity of the main assembly
hall. The applicant only has 200 total members and 125 parking spaces. As
of now there are plenty of spaces. If the congregation grows and more
parking is needed, the applicant has the ability to possibly secure parking
from Alliant Tech.
o Would this be spot zoning?
The rezoning of this property would not be spot zoning. The Comprehensive
Plan has designated this site and the adjacent site to the east as
commercial.
o What is the schedule for rezoning?
This rezoning is scheduled for first and second readings in,August, with an
effective date of September 16, 1991.
v
CR: 91 -164
Page 3
Alternatives.
1. Approve the rezoning to allow the property - at 1002 to be rezoned
from I -2 to B -1. By approving this rezoning the applicant will be
allowed to use the facility at 1002 2nd Street N.E. for religious
uses.
2. Deny the rezoning to allow the property at 1002 to be rezoned from
I -2 to B -1. By denying this rezoning the applicant will not be
allowed to use the facility at 1002 2nd Street N.E. for religious
uses.
3. Continue for further information. If the Council indicates that
further information is needed, the item should be continued.
11
(13)
(34
u 2)
10 � ,
'g Lji 4s
G I F�
W 7 (io) � 2 06
(8) [1 11 r, �o� oa s 11051y 3��
ST ,' W e 1050 14VIF
. / /gyp
\ I (3T) (2) l40
h � 9bO
5) ��j I
REGIS F
M
(32) , N D " (, .
(30) / �
7�
(9) l8 G
6 , H (7) I
SUR Ey
NJ
I 0
561
GO
(36)- �' I
(13
T. t - I -, , : - .= j' ?, t; - - la H 1, F I t L L, G L F, F t
I
187.0
14B
Es
0
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 91 -98
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING ORDINANCE 91 -692.
WHEREAS, an application by Living Water Church for an ordinance
amendment is hereby approved.
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 -7 is hereby
approved subject to the following Findings of Fact:
1. That religious institutions are permitted in the B -1
district.
2. That the subject property is designated in the
comprehensive plan as a commercial use.
Adopted this 6th day of August, 1991.
ATTEST:
Nelson W. Berg, Mayor
James A. Genellie, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO 91 -692
AN ORDINANCE REZONING 1002 2ND STREET N.E.
BE IT ORDAINED by the City Council of the City of
Hopkins as follows:
That the present zoning classification of I -2 upon the
following described premises is hereby repealed and in lieu
thereof the said premises are hereby zoned as B -1.
•
Tract M and that part of Tracts P and L Reg Land Survey
No. 561 lying northeasterly of a line run from a point
on the northwesterly line of said Tract P a distance of
66.79 feet southwesterly from the most northerly corner
of said Tract P to a point on the southerly line of
said Tract L to a distance of 770.15 feet east from the
most westerly corner of said Tract L also that part of
Lot 91 Aud. Sub. No. 239 lying east of a line run from
a point on the north line of said Lot 91 a distance of
31.21 feet west from the most easterly corner of said
Lot 91 to a point on the southeasterly line of said Lot
91 a distance of 29.96 feet southwesterly from the most
easterly corner thereof.
That the presently existing Hopkins Zoning Map adopted
w as part of the Hopkins Zoning Ordinance 515 -570 is hereby
amended and changed in accordance with the above provisions.
First Reading:
Second Reading: ,
Date of Publication:
Date Ordinance is Effective:
August 6, 1991
August 20, 1991
August 28, 1991
September 16, 1991
Nelson W. Berg, Mayor
ATTEST:
0 James A. Genellie, City Clerk