Ordinance Amendment/Religious Institutes i j Y 0
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gust. 24, 1993 P K ti l'' Planning Report °ZN93 -2
ORDINANCE AMENDMENT RELIGIOUS 'INSTITUTIONS
Proposed Action.
Staff- recommends the following motion ov ;t a rove. R 23 10 reco e i h of
Or ce Q 7 en s 3 t e Zonin s e e to m errnit_ relit oils institutions as conditi T *e r m it
within the if-2 and B -3 zoning "districts}
Overview.
In 1991 a moratorium was placed on-permitting churches in the B -2 and B 3. zoning district in order to` iv..e the
Commission tithe to review a possible ordinai ce change Last October the City; Council emended the y
mora until October 1, 93 The`moratorium can bef: extended for an additional six months
At the March Zoning and Planning meeting he Planning Commission reviewed the information. arofivided bythe
staff and asked the staff to draft anzgidinanbe prohibiting churches in the B 2 and 3 zoni ,distrx� T lie.staff.
had recommended that religious institutions be reg zlated`by a. conditional use permit After revie g a z it n
information of prohibiting religious institutions ni the business` district, it was determined that the elimination :of
icws Institutions in the business district raised ome constitutional issues. As a result of reviewing further:
rtnation, the Cotnmission directed staff. to draft an ordinance that would permit religious institutions its the
B-2 and B-3 zoning districts with a _conditional use permit With this action a church would d to meet the
conditions outlined in the ordinance prior �to receivngpermit.to locate in the B-2 nee and B -3 districts
The City Attorney has recommended that if the, City desires to eliminate re igious: institutions from the business
districts, a study should be completed to support this decision.
Primary, Issues to Consider.
o Why was the moratorium proposed? n
o What are the legal issues regardig_n prohibitingchurches in business districts?
o Where will religious institutions be= allowed if the attached ordinance is adopted
o What is the. basis of the staff recommendation?
Supporting Documents:
o Analysis of Issues
o Resolution RZ9310,
o Ordinance '93-725
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4 11°0. f1:_ j
Nancy q Anderson, AICP
di er
ZN93 -2
Page 2
Primary Issues to consider,
o 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.. These
districts are more intense commercial/retail in nature and -there was a_ concern about the compatibility of religious
mstitutions with -the. other commercial uses allowed in these districts: The Zoning Ordinance currently allows
rehgi ua institutions as a permitted use in all the residential districts and the business districts.
o What are the legal issues regarding prohibiting religious institutions in the business districts?
The City Attorney has recommended that if 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 fiiture 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 Hast that i s s to the s m Hopk The facts of the case are
follows:
o Cornerstone Bible Church located its church in a commercial zone (C -3) in downtown Hastings.
o Churches are not allowed in. the C -3 zoning district.
o 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 conunercial activity remain a disputed factual issue."
The court also stated thefoliowing 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.
o Where will churches be allowed if the attached ordinance is adopted?
Re i nst i tutions w still be allowed m the res d and the B bus d as a :pe
use In the -B -2 and B -district they will also still be allowed but will require approval of a conditional use
permit.
ZN93 -2
Page 3
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.
Alternatives
1. Recommend approval of Ordinance 93 -725. By recommending approval of Ordinance 93 -725 the City
Council will consider a recommendation of permitting religious institutions in the B2/B-3 zoning districts
with a conditional use permit.
ii By recommending denial of the Ordinance 93 -725, the City Council will consider a recommendation of
denial for allowing religious institutions as a conditional use permit in the B -2 and B -3 zoning districts.
The present ordinance would remain in force for religious institutions as a permitted use within all the
business districts if the City Council considers this alternative.
3. Continue for further information. If the Commission 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 Commission indicates that a study should be conducted, this item
should be continued.
III
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO 93 -725
BE IT ORDAINED by the City Council of the City 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 Institutions 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.
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 7, 1993
Second Reading: September 21, 1993
Date of Publication: September 29, 1993
Date Ordinance Takes Effect: October 19, 1993
Charles D. Redepenning, Mayor
ATTEST:
James A. Genellie, City Clerk
y
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: RZ93 -10
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING
APPROVAL OF AN APPLICATION FOR AN ORDINANCE AMENDMENT
WHEREAS, an application for an Ordinance Amendment ZN 93 -2
made by the City of Hopkins is recommended for approval.
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 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 the application for
ZN 93 -2 is hereby recommended for approval based on the following
Findings of Fact:
1. That religious institutions will be permitted with
a conditional use permit in the B -2 and B -3 zoning
districts.
Adopted this 31st day of August, 1993.
Patricia M. Reuter, Chairman