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HomeMy WebLinkAboutCity Council Packet 06-14-2005 SpecialAgenda City of Plymouth Special City Council Meeting Tuesday, June 14, 2005 5:30 p.m. City Hall Lunchroom 1. Call to Order 5:30 p.m. 2. Consider Zoning Amendments to allow religious institutions in industrial districts 6:15 p.m. 3. Review Audit Report 4. Adjourn Agenda Number /? i TO: Laurie Ahrens, City Manager c FROM: Shawn Drill, Senior Planner through Anne Hurlburt, Community Development Director SUBJECT: City of Plymouth. Consider Zoning Amendments to allow Religious Institutions in the Industrial Districts (2004151) DATE: June 3, 2005 for the Special City Council Meeting of June 14, 2005 1. BACKGROUND: On February 22, 2005, the City Council voted to table action on a draft zoning amendment that would allow religious institutions in the industrial districts under certain conditions. The item was subsequently placed on the June 14th Council study session. The Planning Commission previously studied the issue and, after a public hearing, recommended that the Council not adopt the draft zoning amendment. The full Council report and minutes from February 22, 2005 are attached. 2. UPDATE: Prior to the February 22, 2005 Council meeting, Evergreen Church stated that they are no longer interested in the Plymouth industrial site near Highway 169 where they had previously requested to operate. Since that date, another church called Life Changers Church has approached the City about operating at a different industrial site, located at 2700 Campus Drive. Life Changers Church presently operates from the Plymouth Playhouse/Kelly Inn commercial site, located in the southeast quadrant of I-494 and Highway 55. The Mayor and staff met with Life Changers Church in April and informed them of the draft amendment and pending Council decision. Based on the information received to date, it doesn't appear that Life Changers Church would meet all of the conditions set forth in the draft ordinance. Life Changers Church has been notified of the Council study session. ATTACHMENTS: 1. Correspondence regarding Life Changers Church 2. February 22, 2005 City Council Minutes 3. February 22, 2005 City Council Report including all attachments Pagel of 3 Shawn Drill From: Shawn Drill Sent: Thursday, May 05, 2008 10:49 AM To: Anne Hurlburt Cc: Barb Senness Subject: RE: Life Changers Church Anne, the site is located in a PUD that's guided IP (Planned Industrial). Here's how their proposal would fit with the draft ordinance ariieriuzzrcrr. a The use shall be located in a multi -tenant building,and shall not occupy more than tvven (20).._percent of the_.gross_floor area. of such multi -tenant buildin THE BUILDING PRESENTLY HAS 2 OR 3 OTHER TENANTS (MAIN SIGN SAYS "BURGESS INDUSTRIES" & 2.OTHER SIGNS. SAY "SLEEP CENTER" AND "PREFERRED BUILDERS") SO BUILDING IS CURRENTLY MULTI -TENANT,. ---WAS ORIGINALLY CONSTRUCTED AS SINGLE - TENANT BUILDING BUT CONVERTED TO MULTI -TENANT IN 2004. IT'S NOT EVIDENT WHERE THE MAIN ENTRANCES TO THE BUILDING IS. THE BUILDING CONTAINS ABOUT 53,000 SQ. FT. -- 20% OF THAT IS 10,600 SQ. FT THE REAL-ESTATE SIGN ON SITE SAYS 10,000 SQ. FT. FOR LEASE. PASTOR KONRAD SAID HE IS TALKING TO THE REALTOR ABOUT LEASING 19,000 SQ. FT. OF THE BUILDING -- WHICH WOULD BE 35% SO THIS CONDITION WOULD NOT BE MET. b The use shall com 1 with all buildin and fire codes. UNKNOWN WHETHER THE BUILDING COULD MEET CODES FOR ASSEMBLY USE. c The main site entrance and building entrance for the use shall not conflict with, or be in close proximi to heav tzaffic areas or laadin /unloadin areas for other uses in the multi - tenant building. THERE'S ONE DRIVEWAY TO THE SITE. THE DRIVEWAY IS SOUTH OF THE BUILDING AND PROVIDES ACCESS TO THE PARKING AND LOADING AREAS LOCATED SOUTH AND EAST OF THE BUILDING._..AFIRE LANE RUNS ALONG THE NORTH SIDE OF THE BUILDING WITH ITS OWN CURB CUT OUTTO, CAMPUS DRIVE. THE MAJORITY OF THE PARKING SPACES (fib OUTOF83) ARE LOCATED BEYOND THE MAIN LOADING 1 UNLOADING AREA WHICH CONSISTS OF 2 SEMI -TRAILER DOCKS & 1 OVERHEAD DOOR) ON THE SOUTH SIDE OF THE BUILDING. THERE IS ALSO 1 LARGE OVERHEAD DOOR AT THE BACK (EAST) OF THE BUILDING, THIS CONDITION WOULD NOT BE MET. On-site_parking shall_be_pzovided_pt rsuant to. Section 21135 of the Zoning Ordinance. BASED ON THE SIZE AND USES WITHIN THE BUILDING (17,800 SQUARE FEET OFFICE & THE REMAINDER WAREHOUSE)83 PARKING SPACES ARE REQUIRED. THERE ARE PRESENTLY 83 PARKING SPACES ON THE SITE. THE PARKING REQUIREMENT FOR THE SITE WOULD: INCREASE IF THERE WAS A RELIGIOUS INSTITUTION OR OTHER PLACE OF ASSEMBLY. THE PARKING REQUIREMENT FOR RELIGIOUS USE IS 1 SPACE PER 4 SEATS. I DON'T KNOW WHAT THE SEATING CAPACITY OF THE CHURCH WOULD BE, BUT REGARDLESS, THERE WOULD NOT BE ADEQUATE., PARKING IF SUCH A USE WERE INTRODUCED INTO THE BUILDING --SO THIS CONDITION WOULD NOT BE MET UNLESS AN APPROPRIATE NUMBER OF ADDITIONAL STALLS COULD BE CONSTRUCTED ON THE SITE. Que3fom«6/E ft111,e7l-Fr Rclepet-le /0 r/C."I "'go /a/ e 01 SWIvc( 7j Srfe /ES /tet fly SGi re/«,/ ra/Pc/oG Page 2 of 3 The use shall not include., ancillaryuses such as a daycare_center.,_pre-school montessor..i school, K through 12 school or similar ancillary uses, nor shall the use include outdoorplay areas. WOULD BE A CONDITON. f) Except for parking; all operations relating to the use shall occur inside the building. WOULD BE A CONDITION. g) The applicant shall acknowledge that the proposed use lies in an industrial zoning district and shall specify whether they accept the existing and potential^ negative effects on the use created by neighboring industrial... uses.. WOULD BE A CONDITION. h) Unless expressly extended by the City Council, the term of the interim use permit shall not exceed three 3)..years from the date, of approval. WOULD BE A CONDITION. Original Message ----- From: Anne Hurlburt Sent: Friday, April 29, 2005 3:27 PM To: Shawn Drill; Barb Senness Subject: FW: Life Changers Church Shawn, how would their proposal fit with our draft ordinance amendments? Original Message ----- From: Laurie Ahrens Sent: Friday, April 29, 2005 2:53 PM To: Anne Hurlburt Subject: FW: Life Changers Church For the file. Original Message ----- From: Judy Johnson Sent: Friday, April 29, 2005 2:16 PM To: Council Members Subject: FW: Life Changers Church Council - FYI We will be studying the issue of whether or not the city should permit places of worship in our industrial zoned properties. As you recall this was an issue last winter when Evergreen Church wanted to lease industrial space in Plymouth. They are no longer seeking that space, but now another church has come forward with the same type of request. I wanted you to be aware of this ahead of our June study session on this issue. Lifechangers church has been meeting in the Kelly Inn theater for services. They have been offered a space off of Campus Drive near the Red Robin Restaurant. The pastor emailed me the following information and I wanted to pass it along to you. 5/5/2005 mage .5 or 3 Because of open meeting laws - PLEASE DO NOT REPLY TO THIS MESSAGE - thanks! Judy Original Message ----- From: Change4now@aol.com [mailto:Change4now@aol.com] Sent: Fri 4/29/2005 9:43 AM To: Judy Johnson Cc: Subject: Life Changers Church Thank you Mayor Johnson for meeting with me about our desired church expansion proposal in an industrial area off of Northwest Blvd and Hwy 55. I have taken the iiherty of cenrling you a rrnpy of my rnmmiiniratinn with Shawn nrill and what was the result of my conversation with the building agents and Shawn's suggestion to connect them with Larry Farris. I will plan to attend the June 14th discussion meeting as you suggested and hope that we can make favorable strides to aquire a home for our church that best suits our needs and vision. God bless you and I will talk with you soon. Pastor J.Konrad Life Changers Church Plymouth 51512005 Page 1 of 2 Shawn Drill From: Shawn Drill Sent: Wednesday, May 04, 2005 3:15 PM To: 'Change4now@aol.com' Cc: Larry Farris Subject: RE: (no subject) Hello Pastor Konrad. It was nice meeting you too. I continue to recommend that you, the listing agent, or landowner contact our Building Division regarding your desire to establish an Assembly Occupancy in a building that was designed for industrial use. An architect would likely also need to be involved. The listing agent's argumentlassumption that the main components within the structure would be the same for any use" is NOT correct, as building codes can and do differ drastically depending upon the use. Most industrial buildings are not constructed in a manner that would allow someone to simply modify exits and "set up a couple hundred chairs" for assembly use. Since we don't know the Construction/Occupancy Type of this building, I believe this is a building code issue first, because it would be a waste of your money and time to go through any planning process, only to find out later that it would be cost prohibitive or otherwise impossible to retrofit the building for the use you desire. At this time, there is not a planning process that you could apply for -- because the use is not allowed in the industrial areas. I'll keep you posted about the City Council study session, which is tentatively set for 6:00 p.m. on June 14. Sincerely, Shawn Drill, Sr. Planner 763) 509-5456 Original Message ----- From: Change4now@aol.com [mailto:Change4now@aol.com] Sent: Friday, April 29, 2005 9:38 AM To: Shawn Drill Subject: (no subject) Hello Shawn, It was a pleasure to meet you along with the Mayor a couple of days ago concerning our church proposal to lease industrial space off of Northwest blvd and Hwy55. I did as you suggested and asked for Rich Yablonsky to contact Larry Farris over the particulars of our desired use versus industrial. At this time his argument as well as that of the building owner is that this is a }Tanning Commision issue before it is a Larry Farris issue since the main components within the structure would be the same for any use. Concrete, sprinklers, code standard bathrooms with handicapp access, fire code drywall, and no existing gas or exposed power lines, hazardous waste depots or gaping floor drains And outside of modifying exits for more people... for them it is a shell of a building that you can either set up a couple hundred chairs in for a church or build power generators for an industrial business. So you can see I am stuck in the middle trying to fight for a facility that would best suit our needs beyond the dozen or so other facilities in Plymouth we have already looked at. And trying to appeal to the favor of a planning commision and a landlord in the process. And while I realizie that at some point if we are given the green light by you to pursue this building, that there will be specific code requirements for general assembly use, still I will plan the attend the June 14th meeting that the Mayor invited me to attend, to see if we are even in the ballpark. 5/5/2005 Page 2 of 2 Thank you for your time, and I will look forward to recieving the particulars about June 74th, as well as any additional favorable help you feel so inclined to extend towards us. Pastor J.Konrad E_ifeChangers Church/ Plymouth. Se5/2005 Adopted Council Minutes Regular Meeting of February 22, 2005 Page 10 of 15 Councilmember Stein stated that it's unfair to make assumptions that they would be request additional funds. He stated the alternative site could be a much better development. T he would like to give the developer an extra 30 days to bring back a proposal and o e of costs. Mayor Johnson stated she also likes incorporating transit and retail uses.,,Xe stated that the alternative site would be difficult to redevelop due to the poorsoils. noted that she appreciates the developer meeting with the neighbors. She state also doesn't want to jeopardize the funding from the Metropolitan Council and M4005T. There being no further discussion and with all carried. 8.3) Proposed Modification of 2005 S in favor except Stein, the motion and Temporary Overly Programs Financial Analyst Kohn discussed s report on the recommendation to expand 2005 sealcoat activities and the preparation o is and bids for a "catch-up" temporary overlay program for 2005. He requested the Co,IiOM proceed with Alternate Two as outlined in the report. Discussion was hei the possibility of future levy limits and how that would affect street reconstruction cts. Motion made bv Councilmember Willis and seconded by Councilmember Black to dig staff,VO&Pand the 2005 sealcoat activities and prepare plans and bids for a "catch -pp" tem ro as outlined in s With 8.4) Zoning Amendments to allow Religious Institutions in the Industrial Districts (City of Plymouth — 2004151) Mayor Johnson suggested that this item be postponed to a Study Session or to another regular meeting so a full Council could be in attendance. Motion was made by Councilmember Willis, and seconded by Councilmember Black, to postpone this item to a Study Session with a date to be determined. With all members voting in favor, the motion carried. 8.5) Environmental Qualify -fti ' Recommendations for Purchasing Flexible Fuel Vehicles and Use of Alternative Fuel -E85 Agenda Number r TO: Laurie Ahrens, City Manager FROM: Shawn Drill Senior Planner through Anne ,Ltfrlburt, CommunitgY Development Director SUBJECT: City of Plymouth. Consider Zoning Amendments to allow Religious Institutions in the Industrial Districts (2004151) DATE: Feb. 11, 2005 for the City Council Meeting of Feb. 22, 2005 1. PROPOSED MOTION: Move to make no changes to the Zoning Ordinance regarding religious institutions, as recommended by the Planning Commission. Should the City Council move to amend the Zoning Ordinance to allow religious institutions in the industrial districts, a 4/7 vote of the City Council would be required to adopt such an amendment. 2. DESCRIPTION OF REQUEST: The Zoning Ordinance presently does not allow religious institutions in the industrial zoning districts. The City Council recently directed the staff and Planning Commission to: a) review whether zoning amendments are needed to comply with RLUIPA (Religious Land Use and Institutionalized Persons Act), and b) consider whether religious institutions should be allowed in the industrial zoning districts, and if so, under what circumstances. 3. PLANNING COMMISSION HEARING: On January 19, 2005, the Planning Commission opened the public hearing on this matter. No one from the public wished to speak. The Planning Commission subsequently voted to continue the hearing to their February 2, 2005 meeting in order to provide them with additional time to File 2004151 Page 2 review the issues (a copy of the Planning Commission minutes is attached). At the January 19, 2005 hearing, the Planning Commission raised the following questions: Would the draft ordinance allow religious institutions in the industrial districts within new buildings or existing spaces? Staff responded that the draft ordinance would allow religious use in new or existing buildings, however, because the draft would limit the use to 20 percent of the building area, it would be more likely to occur in an existing building. Staff also noted that any such zoning amendments could be drafted to allow entire buildings for religious use, or to require a conditional use permit instead of an interim use permit, and that there are several options for how any regulations could be written. Why would allowing churches in the industrial districts raise concerns when parks, accessory daycares, and trade schools could be allowed—which could also result in many people, traffic, etc. Staff responded that parks owned by the City are allowable in almost all areas, and although the City may not develop a park in the industrial districts, the provision also addresses trails—and there are some City trails in the industrial areas. Staff said that larger corporations like Carlson Companies provide an on-site accessory daycare for their employees, which doesn't result in additional trips, but rather provides a service to employees already on the site. Staff also said that trade schools are classified as a different occupancy under the building code than assembly uses such as churches, and that is why trade schools have been allowable. A classroom use is different from an assembly use that could potentially accommodate several hundred people in one room. What is the City Attorney's opinion regarding the RLUIPA issue? Staff responded that the City Attorney has opined that there are no RLUIPA issues with the existing ordinance. What are the property tax implications? Staff responded that religious institutions could apply for a tax exemption, provided they own the space they occupy. After the January 19th meeting, staff followed up with the City Assessor. The City Assessor states that ownership, use, and necessity (as related to use) are the key factors in determining whether a religious institution can obtain a property tax exemption. If a religious institution leases the space it occupies, that space would not be eligible for an exemption. However, if a religious institution owns the space it occupies, that space would be eligible for an exemption—provided the use of the space is necessary for its operation. Furthermore, if a religious institution would purchase a larger multi - tenant building, and occupy only a portion of the building for religious use while leasing File 2004151 Page 3 out the remainder of the building to other users, the area of the building that is leased to other users would not be eligible for a property tax exemption. On February 2, 2005, the Planning Commission continued the public hearing on this matter. Again, no one from the public wished to speak. After deliberating on the matter, the Planning Commission voted 5-1 (Clyman voting nay) to recommend that the City Council make no changes to the Zoning Ordinance regarding religious institutions. The Planning Commission concluded that the industrial base is paramount to the economic growth and well-being of the Cifv and removing job creation opportunities to allow religious institutions in industrial areas would not be in the best interest of the City as a whole --especially, given that fact that there is ample opportunity for religious institutions to locate elsewhere in the City, and that most of the City's zoning districts currently allow religious institutions. The dissenting voter stated that he felt religious institutions would be acceptable in the I-1 (Light Industrial) district, but not in the I-2 (General Industrial) or I-3 (Heavy Industrial) districts. Notice of the Planning Commission's public hearing on the attached draft ordinance was published in the City's official newspaper. Additionally, mailed notice of the public hearing was sent to Evergreen Community Church. Staff recently contacted Evergreen Community Church to ask if they still wish to pursue the industrial site in Plymouth. Evergreen responded that they are no longer pursuing the Plymouth industrial location, and are presently working on an interim agreement to share an existing church in New Hope until they find a suitable location. 4. RLUIPA—Religious Land Use and Institutionalized Persons Act The issue of whether the Zoning Ordinance complies with RLUIPA was raised during an October 2004 appeal by Evergreen Community Church, who wanted to locate within a portion of an industrial building in Plymouth. RLUIPA is a federal law intended to protect religious freedoms by mandating that local land use regulations must 1) grant equal treatment to religious assembly, 2) not discriminate against any religious assembly on the basis of religion or religious denomination, and 3) not impose land use regulations that totally exclude or unreasonably limit religious assemblies from a jurisdiction. The Evergreen application, staff report, resolution denying the appeal, and Council minutes regarding the appeal are attached. Conclusion on Compliance with RLUIPA: The staff and Planning Commission have concluded that no zoning amendments are presently needed in order to comply with RLUIPA, based on the following: The Zoning Ordinance does not treat religious assembly on less than equal terms than equivalent non -religious assemblies. Recent amendments including the annual Zoning Ordinance update addressed RLUIPA. For example, religious institutions were added as permitted uses in several commercial zoning districts that allow other assembly -type uses. File 2004151 Page 4 Religious institutions are allowable on most lands in Plymouth. Only 9.7 percent of the City's land is Industrially zoned. Therefore, precluding religious institutions from the Industrial zoning districts does not impose a substantial burden on religious assembly. The Zoning Ordinance does not totally exclude, unreasonably limit, or impose substantial burdens or barriers upon religious institutions—as evidenced by the fact that there are presently 27 religious institutions in Plymouth, and most of the City's zoning districts allow religious institutions. The price of purchasing or leasing property is not a burden created by the City's Zoning Ordinance. Price is determined by the market and depends upon supply and demand conditions and the specific characteristics of sites or buildings available at a given time. Furthermore, the lease or purchase price is only one factor in the relative cost of establishing a particular use. For example, substantial costs may be incurred to modify a building designed for an industrial use to be suitable and safe for a religious assembly or other place of assembly. 5. ANALYSIS OF DRAFT ORDINANCE AMENDMENT Staff prepared a draft ordinance (copy attached) for the Planning Commission's public hearing that would allow religious institutions in the industrial districts, should that be the will of the City. Like many other comparable communities, religious institutions have not been allowed in the industrial zoning districts in Plymouth. In considering whether religious institutions should be allowed in the Industrial zoning districts, it is first important to review what the potential concerns are related to locating religious institutions in industrial areas. Then, if the City decides to allow religious institutions in the industrial districts, it would be important to analyze what conditions should be included to address the concerns. Concerns: Cities have an interest in protecting the long-term viability of their limited amount of high-quality industrial sites. Industrial zones create opportunities for economic development, providing jobs and enhancing the local tax base. Additionally, businesses benefit from locations near their suppliers and other businesses that provide services to them and their employees. Allowing religious institutions in the industrial districts would remove land in the industrial areas from industrial use, which may negatively affect the long-term economic diversity and well being of the community. Industrial areas may generate truck traffic and other potentially disruptive characteristics such as noise or odor) 24 hours a day, seven days a week. Cities have an interest in protecting incompatible uses (such as many of the family-oriented activities associated with religious institutions) from truck traffic and other negative impacts of industrial File 2004151 Page 5 businesses. Consequently, careful attention is given to separating industrial areas from other areas. Allowing religious institutions in the industrial districts could conflict with the purposes of the industrial districts and zoning. Furthermore, a religious institution located in the industrial district could complain about the negative aspects of nearby industrial uses, impacting the ability of industrial uses to operate. Converting industrial buildings for different uses raises building code and fire safety issues. It is often difficult (and costly) to adapt structures that were originally built for Maqi -embly 11se Alle to the type o—fcon.struc—.. dfaetivrina r%r vxrnrr'knilsinry 11se to n -n ass because they lack sprinklers, proper exiting or sanitary facilities. Assembly uses such as religious institutions require significantly more parking spaces than are required for industrial uses. Consequently, adequate on-site parking is a concern. Furthermore, non -industrial traffic in industrial areas may conflict with industrial traffic. Federal law requires that local regulations provide opportunity areas for sexually oriented businesses (SOBs), in order to protect First Amendment rights (freedom of expression) under the U.S. Constitution. Courts have ruled that local governments that allow SOBs on five percent or more of their land area do not violate these First Amendment rights. In order to comply with case law, Plymouth allows SOBs in the industrial districts, provided certain other requirements (e.g., minimum distances from residences and schools) can be met. Staff recently updated the map that indicates opportunity areas for SOBs (copy attached), The updated map shows that the opportunity area for SOBs in Plymouth is slightly over five percent of the land area. If religious institutions were allowed in the industrial districts and they included a school, the opportunity area for SOBs would be decreased, because the ordinance requires a 500 -foot separation between an SOB and a school. Decreasing the opportunity area for SOBs could expose the City to lawsuits. Additionally, the five percent rule would be jeopardized if the City imposed a minimum distance requirement between SOBs and religious uses located in the industrial districts. Consequently, if religious institutions were allowed in the industrial districts, there would be a potential for an SOB to be located next to, or in close proximity to, a religious institution. Addressing the Concerns: The attached draft ordinance was written in a mariner that attempts to address the above concerns. The draft ordinance would allow religious institutions in the 1-1 (Light Industrial) district upon the issuance of an interim use permit. If the -use is allowed in the I-1 district, it would automatically carry over as an interim use in the 1-2 and 1-3 districts, unless specifically limited otherwise. The use would b c added to the I- I district by adding a new subdivision (S Lib d. 2) to Section 21560.09 (1-1, Light Industrial District—Interim Uses), subject to the following conditions (a -h): File 2004151 Page 6 a) The use shall be located 'in a multi -tenant building, and shall not occupy more than twenty (20) percent of the dross floor area of such multi -tenant building_ This condition would limit how much space a religious institution could utilize in order to address the concern about removing land in the industrial district from industrial use -- which could negatively affect the long-term economic diversity and well being of the community. Regulating the size of the use is also important to address the parking concerns related to having religious institutions in the industrial districts. The provision would be consistent with what is specified in those commercial districts that allow religious institutions in multi -tenant buildings. b) The use shall comply with all building and fire codes. This condition is needed to ensure the safety of the occupants of both the religious institutions and their neighboring industrial uses. c The main site entrance and building entrance for the use shall not conflict with or be in close proximity to heavy traffic areas or loadingLunloading areas for other uses in the multi -tenant building. This condition is intended to. separate the religious use traffic from the industrial traffic for the safety of all, and to address potential conflicts among the different land uses. d On-site parking shall be provided pursuant to Section 21135 of the Zoning Ordinance. This condition addresses parking requirements to ensure that adequate on-site parking would be available to the site, and would not have negative effects on other uses in the area or on the street network e The use shall not include ancillmy uses such as a da care center, re -school montessori school K through 12 school or similar ancillga uses, nor shall the use include outdoor plqy areas. This condition is also intended to limit the size of the use. The condition also addresses potential safety issues with having children in industrial areas where the neighboring industrial uses could produce noise, odors, or other hazards, and where there could be a lot of traffic from large trucks. Furthermore, allowing schools in the industrial districts would decrease the opportunity area that is required to be provided for sexually oriented businesses (SOBS), because the ordinance requires a 500 foot separation between an SOB and a school. As was previously noted, decreasing the opportunity area for SOBS could expose the City to lawsuits. File 2004151 Page 7 Except for parking all operations relating to the use shall occur inside the building This condition also addresses potential safety issues with having children in industrial areas where the neighboring industrial uses could produce noise, odors, or other hazards, and where there could be a lot of trafjzc from large trucks. The 4V12licant shall acknowledge that the proposed use lies in an industrial zoning district and shall specify whether they accept the existing and potential negative effects on the use. created by neighboring industrial uses. This condition is intended to address the concern that a religious institution located in the industrial district could complain about the negative aspects of nearby industrial uses, thereby, impacting the ability of industrial uses to operate. h) Unless expressly extended by the City Council, the term of the interim use permit shall not exceed three (3) years from the date of approval. This condition is intended to address the City's interest in protecting the long-term viability of the limited amount of industrial land in Plymouth. In summary, the City Council could choose to adopt the draft ordinance as written, or could choose to adopt the draft ordinance with modifications (e.g., allowing the use as a "permitted" or conditional" use, and/or changing the conditions), or could choose not to make any changes to the current Zoning Ordinance—in which case religious institutions would continue to not be allowed in the industrial districts. 6. RECOMMENDATION: Community Development Department staff recommends that the City Council make no changes to the Zoning Ordinance regarding religious institutions, as recommended by the Planning Commission. ATTACHMENTS: 1. Planning Commission Minutes of Jan. 19, 2005 & Feb. 2, 2005 2. Letter to Evergreen Church regarding Continuance of the Public Hearing 3. Evergreen Community Church Application and Appeal 4. City Council report for Evergreen's appeal 5. Resolution 2004-426 denying Evergreen's appeal 6, City Council Minutes from October 12, 2004 7. Zoning Map Showing Industrial Districts (1-1, I-2, and I-3) 8. Opportunity Area Map for Sexually Oriented Businesses 9. Draft Ordinance to allow Religious Institutions in the Industrial Districts Approved Punning Commission Minutes January 19, 2005 Page 5 D. CITY OF PLYMOUTH (2004151) Chair Larson introduced the request by the City of Plymouth to consider zoning amendments to allow religious institutions in the industrial districts. Senior Planner Drill gave an overview of the January 13, 2005 staff report. Commissioner Weir asked if this was the public hearing for the draft ordinance. Senior Planner Drill answered affirmatively. Commissioner Weir asked if this request was to allow religious institutions in the industrial districts within existing spaces or new buildings. Senior Planner Drill said it could be in existing or new buildings. He said the draft ordinance would limit the use to 20 percent of the building area, so it would be more likely to occur in an existing building under that scenario. Director Hurlburt said that any such zoning amendments could be drafted to allow entire buildings for religious use, or to require a conditional use permit instead of an interim use permit, for example. Senior Planner Drill concurred, stating there are several options for directing staff on this issue, including a recommendation of no change. Commissioner Wilson said she is inclined to do nothing for now and leave the ordinance as it is. Commissioner Musliner asked why allowing churches in the industrial districts raises concerns when parks, trade schools, and accessory daycares could be allowed—which could also result in many people, traffic, etc. Senior Planner Drill responded that parks owned by the City are allowable in almost all areas. Although the City may not develop a park in the industrial districts, the provision also addresses trails and there are some City trails in the industrial areas. He said some larger corporations like Carlson Companies provide an on-site accessory daycare for their employees, which doesn't result in additional trips, but rather provides a service to employees already on the site. He said that trade schools are classified as a different occupancy Murder the building code than assembly uses such as churches, and that is why trade schools have been allowable. Director Hurlburt said a classroom use is different from an assembly use that could potentially accommodate several hundred people in one room. Commissioner Holmes asked if, under the current zoning regidations, a church wanting to build a new building in an industrial district would have to rezone the land. Director Hurlburt answered affirmatively. Commissioner Holmes said it would be less expensive to occupy an existing structure. He said that it's his understanding that if a church leases space from a landowner, the landowner would be responsible for the property taxes. Approved Planning Commission Minutes January 19, 2005 Page 6 Chair Larson asked what the City Attorney's interpretation was regarding the RLUIPA issue addressed in the report. Director Hurlburt said the full analysis of the Evergreen appeal was attached to the staff report. She said that analysis reflected the City Attorney's input, She said the City Attorney advised staff that he did not feel there are any RLUIPA issues with the ordinance. She said the only remaining issue was some interest from Council members to consider Evergreen's proposed use of an industrial building. She said the staff and Commission were directed to review what it would take to write that into the f,,+_ A 11 1,+,1 ,I,,+,,+,ordinance, should t1he LllU%,% 1LLlo a11VW churches 111 11MULD 1011 U1.7U11.13. Commissioner Weir asked if religious organizations are tax free. Senior Planner Drill said they can apply for tax exemption. Commissioner Weir asked if the City could then lose 20 percent of the tax revenue from an industrial site. Director Hurlburt responded that staff could clarify the possible impact on property taxes with the City Assessor. Commissioner Anderson said she has some concerns with religious institutions being able to locate in the same area as sexually -oriented businesses (SOBs). She said she likes the draft ordinance as it is. Commissioner Wilson said her opinion is to do nothing at this time. She said if only eight percent of the land is industrial, then we should leave well enough alone. Chair Larson said the Commission could open the public hearing, but possibly take additional time to review it and come back to it at a later date. Commissioner Holmes asked if her intention was to open the public hearing and continue the hearing and discussion to the next meeting. Chair Larson answered affirmatively. Chair Larson opened the public hearing. MOTION by Commissioner Holmes, seconded by Commissioner Weir, to continue the public hearing to consider zoning amendments to allow religious institutions in the industrial districts to their February 2, 2005 meeting. Vote. 6 Ayes. MOTION approved unanimously. A. REGUL-POLICIES AND HOUSING AFFORDABILITY Chair Larson introduced the study on of regulatory policies and their effects on housing affordability. Senior Planner Darling and HRA Specialist Jones, gave an overview uary 11, 2005 staff report. HRA Specialist Jones outlined the seven potential regulatory Draft Planning Commission Minutes February 2, 2005 Page 4 distribution at the 1770 Fernbrook site. He said some product is moved between of facilities but the main facility is at 1770 Fernbrook Lane. Commissioner Holmes asked if they foresee going beyond 35 trailers in th ' year plan. Mr. John said 35 trailers is the projected number for their 5 year pl Commissioner Holmes asked about the paint product and distribution. Mr. John s ' ey build and paint equipment, however they do not manufacture paint at the facilit Chair Larson asked what the need is for that many trade be stored on the property. Mr. John said components and products are delivered to site by semi trailers. He said once they are unloaded, the trailers are parked until eone picks them up, which could be a few days. He said their operation is incomi nd outgoing freight. Chair Larson asked if additional warehouse space would acco odate their storage needs. Mr. John said even with additional warehouse space, t ailers would still be stored outside so they could eventually be picked up. Co ssioner Holmes said the trailers are not utilized for storage, they are waiting to loaded or picked up. Chair Larson openeJolff closed the public hearing, as no one was present to speak on the item. Ar MOTI y Commissioner Weir, seconded by Commissioner Anderson, to approve the req y Wagner Spray Tech Corp. for a conditional use permit amendment to allow oor storage of trailers and an 8 -foot fence for property located at 1770 Fernbrook Lane C. CITY OF PLYMOUTH (20041.51.) Chair Larson introduced the request by the City of Plymouth to consider Zoning amendments to allow religious institutions in industrial districts. (Continued from the January 19, 2005 Planning Commission Meeting Senior Planner Drill gave an overview of the January 25, 2005 staff report. He addressed the concerns that were raised at the January 19, 2005 Planning Commission Meeting, Commissioner Anderson asked if Evergreen Church sued the City and won, how would that affect the direction the City takes regarding religious institutions. Director Hurlburt said that would depend on the particulars of the lawsuit on an individual case basis. Chair Larson said the City Attorney's opinion on the matter was that the Zoning Ordinance is in compliance with the current law. Director Hurlburt said that is based on case law today and could change. Commissioner Clyman asked if the pink areas on the sexually -oriented business map were opportunity areas and if the yellow areas were a buffer around the opportunity area. Senior Draft Planning Commission Minutes February 2, 2005 Page 5 Planner Drill answered affirmatively. Commissioner Clyman asked how these areas are affected by sexually oriented businesses. Director Hurlburt said a church alone would not have a setback requirement from a sexually -oriented business (SOB). She said if a church included a school use, it would then have a setback requirement from an SOB. Commissioner Clyman asked if the City would be obligated to find another location if there wasn't any space available for sale or lease in the opportunity area. Senior Planner Drill answered no, and added that the majority of districts already allow churches. He said it is not the City's responsibility to nna a location for any business. Cufflinistaullur %-lymaii asked if there are any I-1 zoning districts that fall outside the opportunity areas. Senior Planner Drill replied affinnatively, noting that any I-1 land located within 250 feet of a residential use or within 500 feet of a school is not in the opportunity area. Director Hurlburt added the yellow buffer areas on the map could be I-1 or I-2 zoning. Commissioner Clyman asked if a church wants to operate a business like a food shelf or indoor recreation center, as a single use, if that would be allowed in the industrial zoning district. Senior Planner Drill said a church could operate any use allowed by the Zoning Ordinance. Commissioner Clyman asked if the City had looked at the option of only allowing religious institutions within I-1 zoning districts with some type of restrictions, and not allowing them in the I-2 and I-3 zoning districts. Senior Planner Drill said no, however that could be a recommendation by the Commission. Commissioner Murdock said because we are currently in compliance, we don't necessarily have to make any changes to the ordinance. She asked what direction staff would like the Commissioners to take. Senior Planner Drill said this is a legislative policy decision, and staff is looking to the Commission for direction on how to proceed and how to address the possible concerns that may arise. He said the ordinance was drafted in a way that, if adopted, would address the concerns identified at this time. He said the recommendation from the Planning Commissioners will be Staffs recommendation to the City Council. Chair Larson closed the public hearing. Commissioner Holmes said his position is that the industrial base is paramount in the growth and development of the City. He said the Zoning Ordinance says you can't operate a church in an industrial zoning district. He said he does not support excluding the opportunity to create new jobs, but feels there are plenty of opportunities for churches in other locations. Commissioner Weir said he is not in favor of churches in industrial zoning districts. Commissioner Clyman said the I-1 district is an appropriate area and would like to see the language reflect that. He said having open space is vital to the community . He said limiting the use to the I-1 zoning district is the most appropriate measure. Commissioner Anderson said there is ample opportunity for churches to find locations Draft Planning Commission. Minutes February 2, 2005 Page 6 other than industrial zoned locations. She said she would like to keep the Zoning Ordinance the way it is. Chair Larson concurred with Commissioner Anderson. MOTION by Commissioner Weir, seconded by Commissioner Holmes, to take no action on the request by the City of Plymouth to consider allowing religious institutions in the industrial zoning districts. Roll Cali Vote. 5 Ayes. MOTION approved unanimously. Commissioner Clyman voted nay. Commissioner Clyman said he agrees with the value of industrial areas, however said if there is space available in the 1-1 zoning district, then he feels a religious institution should be able to utilize that space. ACCEPT THE PLANNING COMMISSION 2004 ANNUAL REPORT AND 2005 ANNUAL WORK PLAN Di or Hurlburt said the annual report summarizes the work of the Commission and r Needdvelopment activity for the past year. The draft 2005 Work Plan descrsues and activities to be undertaken and outlines how it supports the City goals and objectives. MOTION by Co 'ssioner Weir, seconded by Commissioner Holmes, to forward the Planning Co 'on 2004 Annual Report and 2005 Annual Work Plan, as 30 presented, to the City Wil. Vote. 6 Ayes. MOTION approved. B. ELECTION OF PLANNIML COMMISSION CHAIR AND VICE CHAIR FOR 2005 MOTION by Commissioner Halm seconded by Commissioner Anderson, nominating Peggy Larson as Chair, and Weir as Vice Chair. Vote. 6 Ayes. MOTION approved. C. APPOINTMENT OF PLANNING COM IONER TO SERVE AS LIAISON TO THE PARK AND RECREATION VISORY COMMITTEE Commissioner Weir was appointed to serve as the L'iRkon to the Park and Recreation Advisory Committee. 9. ADJOURNMENT MOTION by Chair Larson, with no objections, to adjourn the meeting at 8:21 January 21, 2005 Mark Stiglicz Evergreen Community Church 12225 Nicollet Avenue South Burnsville, MN- 55337 COF Subject: Consideration of Zoning Amendments to allow, Religious Institutions in the Industrial Districts (200415 1) Dear Pastor Stiglicz: As you were ' made aware, the Plymouth Planning Commission considered zoning amendments relating to religious uses in the industrial districts at their January 19; 2005 meeting: At that meeting, the Planning Commission opened- the public hearing and then voted to continue the item to their February 2, 2005 meeting. The Planning Commission left the public hearing open on this item so that testimony may be received at their February 2, 2005 meeting, when they continue their consideration of this item. The meeting will be held at 7:00- p.m. in the Council .Chamber at Plymouth City Hall, 3400 Plymouth Boulevard. As you know, the planning staff reports relating to this item. canbe obtained on our City's web site at www.ci.-plymouth-mn.us or by contacting me to make other arrangements. If you have any questions, please call me at (763) 509-5456. Sincerely, Z Jx Shawn B. Drill, AICP Senior Planner PLYMOUTH Addi?p Quafty to Life 3400 PLYMOUTH BOULEVARD a PLYMOUTH, MINNESOTA 55447-1482 4 TELEPHONE (763) 509-5000 KW File # A06* !D 0 Community Development Department 3400 Plyniauth BOtdevardrpaOFPlymotith, MN 554147 E E763) 509-545 PLYMOUTH- FAX (763) 509-5407 www. ci.plyraou:th.lnn.LIS M Please read before eompletina. The City will not begin processing an application that is incomplete. A Planning Division staff member must validate an application before accepting fees. The City fee schedule, application checklists and information sheets explaining the application procedures and policies are available from the Planning Division. For complex applications, applicants Should review the specific code requirements and detailed information on procedures found in the Zoning Ordinance. Copies of the Zoning Ordinance may be obtained in the Planning Division or on the City web site at (http://www.ci,plymouth.nui.us). PROPERTY LOCATION (Street address, irapplicable), 5 ZOS Si-ra, Hiy we r JG I Nordh 2. LEGAL DESCRIPTION: NsSDe3 +r Arne : l`A1ALIJeA S'7r1G ' Lv : Ul3 l )R!ti c F :Oce 1 3. HENNEPIN COUNTY PROPERTY IDENTIFICATION (PIN) NUMBER IZ-1 18-22- 11 - QO'D A 4. PROPERTY FEE OWNER NA1vIE: r r `5 r'+ L . P COMPANY NAME: F+rS 9ec\kTru.sA Inc . ADDRESS: 6 l C okc er• ke CITY: JMS r+r 2o- J ` S STATE: MN ZIP: ` ` 3' f i TELEPHONE: (Hoene) (Business) 95z- q'f3- Z7aZ' (Fax) `i 52. q4 9-1-1 t3 5. APPLICANTICON TACT PERSON'S NAME: ar-\C + (• COMPANY: E u f4` r(!2r-,o rr+srt C _Ur 1L, ADDRESS: (Mailing) l 2 2Z N + L_o i fe_LAve —v e 5,, CITY: ) U r r15 ill 1 STATE: M N ZIP: G 5 33 7 TELEPHONE: (Hoine7l -5'3" 17 (Business) 3 ` i 7 1-_8 11 1 (Faux) `15 Z -31S-033-7 x 1144 6. PLEASE CHECK THE REQUESTED ACTION(S): ADMINISTRATIVE PERN11T COMPREHENSIVE PLAN AMENDMENT CONDITIO ALANTERINI USE PERMIT 400 FINAL PLAT INTERIM HOME OCCUPATION LICENSE MINOR SUBDIVISION PRELIMINARY PLAT PUD FINAL PLAN PUD GENERAL PLAN PUD PLAN AMENDMENT ZO TEXT AMENDMENT REZONING SITE PLAN SITE PLAN ANIENDMENT WETLAND MITIGATION PLAN VARIANCE Planning and Zoning Application Form Page 2 7. BRIEF DESCRIPTION OF REQUEST (Attach separate sheet, it necessary): EVe—r- r2e.\ b I uSC a _i dCCLj1 13a 01A0: -101A0: 13Usr,oss Ce, e a szo I -l:'4 cam 199 Nor+L f r Vr p.p O rt u Imo- C.JDrS i a'rul cP. Qr bf s N PS' c 1, rPS OU 4L GLC v:;+fe 5 GD r u„i out --se kit st rvrL 5 S yr,i ar caC I-+ ,1q; PrS , i rz GaP$I Cie vN a JOnG on We fL Tri,`r 1 r ckr ei C&i•,AOC i D'vr 4. PROJECT NANE: E ver re-e C _.L It 9. ANTICIPATED PROJECT COMPLETION DATE: 0 14 I hereby apply for the above consideration and declare chat the information anti materials submitted with this application arecomplete and accurate per City Code acid Ordinance requirements. I understand that the City will process the application once the Planning Division Finds that it is complete. I tuaderstaiid and agree that the City may place a sign oa my property ror purposes of notification that an application is ruiner consideration. PLEASE NOTE: If Property Fee Owner is not the applicant, the Applicant nmst provide written authorization by Property Fee Owner in order to make application. PROPERTY FEE OWNER(S) SIGNATURE(S): se e rje-'C eej APPLICANT(S) SIGNATURE(S): / 7 2x4l J DATE: 9 ^ /o - D Lf r. e:•,,::;::;: FOR CITY USE APPLICATION FEES SIGNAGE FEE 1 61 APPROVED FOR DEPOSIT BY: Q V TOTAL FEES DUE $ August 10, 2004 Evergreen Community Church desires to occupy a portion of the Midwest Business Center at 5205 State Highway 169 North in Plymouth for the purpose of conducting worship services, Bible studies, life skills classes, youth activities, community counseling services, and similar activities. The following describes how Evergreen Community Church's -us e of this facility conforms with the conditional use permit standards as set fortit Section 21015 of the Plymouth Zoning Ordinance: 1. Facility use will fully comply with the Plymouth Comprehensive Plan. 2. Evergreen Community Church will promote and enhance the general public welfare. Below is a detailed explanation of the impact of our church on public welfare. co n n Ln N Ln a) x a SERVFEST/COMMUNITY OUTREACH m The purpose of our Servfest community projects is to SERVE OUR COMMUNITY co BY MEETING REAL NEEDS OF REAL PEOPLE. This has historically been a Ln big part of our church and will be an even more significant part moving forward. z A sampling of our past Servfest events includes: Free oil change and manicures for single mothers. Beverage giveaways at community events Bagging of groceries at Cub Foods in Plymouth `° Outreach to the elderly in our community Yard work for people in need Q Food drives School Supply Drives RENEW MINISTRY Soul Renewal: Soul Renewal is a weekly worship and small -group service offered Q I to the entire Twin Cities area, invited through church announcements, providing z iron -professional faith -based alternatives to recovery and support group services N offered by organizations like AA or government departments. It reaches about 100 people every week through the various ministries. 3 formal referral partnerships exist with agencies helping women with _—•- unplanned pregnancy or couples facing infertility. j FA 11 ii -; AUG 1 2 2004 iJ In addition, our annual seminars dealing with topics such as depression, overeating, and sexual addiction, offering insight and information from helping professionals, has helped an additional 200- 300 people per year. Recovery success: Members are maintaining sobriety from drug/alcohol addiction, sexual addiction, overeating, etc., ranging between a few days to dozens of years. Approximately i alcoholism or drug addiction intervention per year with a 100 percent success rate in the subj ect attending treatment and beginning recovery. At least 10 additional referrals per year to treatment or counseling facilities or information resources. At least a dozen people this year have written or contacted our director of Soul Renewal to tell him that Soul Renewal has given them hope, changed their life, or saved their marriage. (not certain on the n471aber here.) NOTE: Evergreen has a full time staff member committed to this ministry. HEART MINISTRY Evergreen's Heart Ministry is focused on meeting sudden and many times unexpected needs of individuals and families. A few of the services provided by this ministry are: A Christmas outreach project Providing meals and other support to someone who has recently experienced a traumatic event in their life such as the loss of a loved one. Provide yard work to elderly or handicapped. Provide auto mechanic or home repair to single parents or others in need. Coordinate distribution of donated items such as cars, furniture, etc. to those in need. FIT TO BE TIED Strong families build strong communities! With a divorce rate at above 50%, it is imperative that couples establish their marriages on a strong foundation and are well equipped to deal with the every day challenges being_ married. Fit To Be Tied is Evergreen's 9 -week pre -marriage seminar designed to do just that] We have offered this service for over 1.0 years and hundreds of couples have benefited from it.. Although it is impossible to clearly articulate its impact, we do know that the divorce rate of couples that have been married at Evergreen is substantially lower than the national average. In fact, we would estimate only 2-4% of those married at Evergreen have been divorced. SINGLES MINISTRY Nearly 34% of Evergreen attendees and members are single. For 10 years, the Evergreen Singles has flourished by ministering to the needs of singles. We provide a welcoming environment for people from all backgrounds and experiences. Whether single, single -again, dating, engaged, or a single parent, everyone is invited to participate in our social events, conferences, retreats, multi -location gatherings, and small group discussions. Through a safe and encouraging environment, we trust that singles will grow in their friendships with others while growing in their own Christian faith." NOTE: Evergreen has a full time staff member committed to this ministry. KIDS AND YOUTH MINISTY Evergreen's ministry to children and youth is designed with the newcomer in mind. Our vision is that kids of all ages will be dragging their parents to church! Our youth are a big part of why we are pursuing a permanent church home. We believe so strongly in reaching the next generations that we are committing a very large percentage of our new facility space to youth. Each weekend Evergreen provides fun, challenging and inspiring environments for our kids and teens. We offer creative and age relevant teaching, small groups, great relationships, and a fun and safe environment. WOMEN'S MINISTRY The women's ministry's has three facets, Bible studies which meet on a weekly basis -- run for several consecutive weeks with small break in between studies; a mentoring program; and events in which the goal is to bridge single women, single moms and married women. SINGLE PARENTS MINISTRY Our Single Parents Ministry (SPM) has a small group and occasional parent/child outings. Future plans are to have parenting classes and life skill seminars for young single moms (ages 15-25). These seminars would cover areas such as: cooking, sewing, cleaning, organizing, etc. We would also like to work in conjunction with local Crises Pregnancy Centers to offer after care, i.e., mentoring and Bible studies for young moms new in their faith. MENS MINISTRY Throughout the year, Evergrcen offers numerous seminars and events that are open and promoted to the public and address issues such as Sexual Purity, Fathering, Marriage, to name just a few. NIISSION TO THE CITY We believe that our "community" extends beyond the borders of the cities in which we live. For 3 full weeks each year we send teams of volunteers to serve the inner city through various outreach and service projects including multiple large carnivals for families, serving at food shelves, teen centers, etc. Serving those in need also has a unique way of strengthening our own community. Our presence will not be injurious to the use and enjoyment of surrounding property. in fact, we would expect that our presence in this facility would increase property value within the neighborhood based on positive community service and impact as detailed above. Some of our past community service projects have included: Participation in Operation Christmas Child — 2000-2001 Collection for St. Acme's Place (battered Women's Shelter in Plymouth) — May 2000 Annual School Supplies Drive (for Robb_insdale Schools students in need) Bagged groceries at Cub Foods — 2000 -'2001 Collection for Home Free (shelter for victims of domestic abuse) — April `01 Collection for Prism (local food shelf} — May 2002 Annual School -Supplies Drive (for Anwatin Middle School students in need) Annual Winter Coat Drive (for Anwatin Middle School students in need) Adopting needy families at Christmas and Thanksgiving — 2002-2003 4. We will in no way impede the normal and orderly development and improvement of surrounding property. 5. Facility has sufficient parking and access for our needs (177 striped parking spaces, plus space to park at least 25 more vehicles on gravel area to the east of the building; expected auditorium size of 360; more than one space for every two auditorium seats). The majority of our activity will take place after normal business hours (Wednesday evenings, Sunday mornings), thereby eliminating parking and traffic conflicts with other tenants. 6. Evergreen Community Church will conform to all applicable regulations of the district. 7. Evergreen Community Church will comply with all general and specific performance standards as specified by Section 21015 of the Plymouth Zoning Ordinance. 3 1;;Z 004 0 f Bnnn W. DALLY. ShCNAr 1 1l1'r C7Hk7Cf : P—A", K)• Rn., 43"% • C:ilru..Heiehig. CA 95611 PACIFIC JUS CF Enwim WISI, 01916.u57.01)00 • PAX 916-857.6902hrrstratronrey(virrrrl wvrH.paciicjrssriccocx INSTITUTE Adi=umy Baerd Ch,*Wnn August 5, 2004 Planning Department City of Plymouth 3400 Plymouth Blvd. Plymouth, MIDI 55447-1482 Re: Evergreen Community Church CUP Application Dear Members of the Planning Board: Thank you for you attention to the matters addressed in this letter. Please be advised that the Pacific Justice Institute is a nonprofit organization that provides legal assistance to individuals and groups whose civil rights have been Infringed upon by the government and its various agents. The Pacific Justice Institute is writing this letter to you on behalf of'Evergreen Community -Church, a Christian faith community in the City of Plymouth that desires to lease a property on 5205 Highway 169, Plymouth Minnesota. In addition to hosting Christian praise services where religious based lectures Are givers, lvergree.n playas to use its property for Bible study classes, life skills classes, youth activities, and commurtity counseling services. These .plans, however, have been put in grave jeopardy because the property that they are interested in purchasing is in an "12 General industrial zoned area" which completely excludes churches either conditionally permitted or as a :,natter of right. Evergreen Church personnel have had a number of conversations with individuals in the city planning department and were repeatedly told that churches arc prohibited from existing in this zone. 4n -order to follow their mission to grow their -ministry and preach the gospel, the Evergreen Church has stepped up its search for a new church home. After an exhaustive search, the location the church is currently attempting to lease on Highway 169 is the only viable alternative that fits their purposes, This particular property at 5265 Highway 169 has everything they need, including bathrooms, h.indieatp accessibility, off:.ces, parking, heating and air-conditioning. It is the only propetfy that the church has seers,that meets their needs and their budget.k r The Suprr:me Court Inas 1-ccngaii7ed that financial bwdens of a signilIcailt mature Lan rise to tl)e level of a violatim of the free N.xercise (leuse. , we_ c.a,.lirn»t}=.>>scr h>a,t n:ii,airr f.t ,). )3, 1. ref F'Ifrerli_alir5ra, 493 iJ.S_ 378,391 (1990) {wzlrnirig ars "oicercros" financial burden, "even if generally appficabic:, Irnigju--fik fi}tt1 1',qi. irr„ rhr Inrrh q -f ryliew fru Oiir Gird/ Libertir' .. 11 AUG Upon examination of the City of Plymouth's Land Use and Development Code, the Pacific Justice Institute has discovered that religious assemblies like Evergreen Community Church are completely forbidden from 12 Gencral Industrial zones. However, laboratories, inachine shops, radio and television stations, sexually oriented businesses, therapeutic massage businesses, and .trade schools are all' permitted in the same zone that Evergreen would like to leaseand operate their church. Clearly, thew non -religious assemblies, including the sexually oriented businesses and trade schools, at -e not faced with the same prohibition leasing their properties as Evergreen. This beisig the case, an application and examination for possible violation of the federal RcligioL,3 Lard Use and Institutiowt ized Persons Act is warranted here. Primarily in response'to the ways by which cities and counties had been unjustly using their land use and zoning powers to .restrict the number .of religious institutions within their jurisdictions, the federal government, via the United States Congress and Office of the President, enacted the Religious Land Use and Institutionalized Persons Act of 2000 (a.k.a. "RLUIPA"; 42 U.S.C. §2000cc et seq.).2 The remarkable success of RLUIPA in the legislative process can be attributed to the strong support that was given to its passage from a coalition of religious and civil rights groups that span. the theological and ideological spectrum. Such groups include the American. Civil Liberties Union, People for the American 'Wqy, the National Association of Evangelicals, and the Union of Orthodox Jewish Congregations of America. As generally applied, the RLUIPA prohibits any government- age=y or agent from adopting or -imposing any land use regulation that may: 1) impose a substantial burden on the religious practices of a person or group. (42 U.S.C. §2000cc 2(a)(1).); 2) treat a religious assembly on less than equal. terms than a .non -religious assembly (42 U.S.C. §2000cc 2(b)(1)}; quid 3) discriminate against an assembly or institution on the basis of religion or religious denomination (42 U.S.C. §2000cc 2(b)(2)). Exemption. from these general prohibitions is extremely narrow. More specifically, in order for a government land use regulation to avoid violating the RLUIPA, the government must not only be furthering a compelling state interest, the means for furthering that interest must.be the least restrictive upon the rights of a religious person or institution .3 42 U.S,C. §2000cc 2(a)(1)(A)-(B). These statutory principles essentially reflect the U.S. Supreme Court's conclusion, as originally outlined in Sherbert v. Verner, 374 U.S. 398 (1953), and reaffirm.ed in Church of the Lukumi Babalu v. City cif Hialeah, 508 U.S. 520 (1.993), that government -imposed burdens on religious exercise must be subjected to the strictest form of scrutiny, especially in instances where those burdens are the direct result of goverrtn-tent assessments that have been made -on an individual or case-by-case basis. See Freedom Baptisr Church v. Township of Middletown, 204 F.Supp.2d 857, 868 (E.D. Pa. 2002). choke off an adherent's religious practices...."); of Fallen v. Town oj'McCornrick, S.C., 321 U.S. 573, 576 1944) ("Freedotn OFreligion isnot merely reserved for those with a long puts,-."). To date, at least two federal courts have determined the land use portion of the RLUIPA lu be constitutional Freedom Baptist Church, supro, and Guru Nanak Sikh Society v: County cV .Szuu:r, F.Supp.2d_ (E.D. Cal. 2003). Since the provisions in the RLUIPA parallel the protections.peovided by the first Antend.ztent and Lqual Protection Clause of the Founeenth AnIcndnnent, viniatiol7 of the Rl.l.JIPA ncu:ssarily cnik.ils violations of the United States Constitution. Under the RLUIPA, "(tjlte term 'religious exercise' includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief." 42 U.S.C. §2000cc 8(7)(A). Moreover, "[t]he use, building, or conversion o#real property for the purpose of religious exercise shall be considered to be religious exerc-ise of the person or entity that uses or intends to use the prpperty for that purpose." 42 U.S.C. §2000cc. As previously mentioned, Evergrcen desires to lease this new property for the express purposes of following their sincerely held religious convictions and engaging in a variety of religiously driven activities. By effectively prohibiting Evergreen to expand its ministry on the pretext that religious assemblies are generally not permitted in General industrial zoned districts, the City of Plymouth is imposing an unlawful "substantial burden" upon Evergreen's fundamental right to the free exercise of religion. S&e, e.g., Murphy v. Zoning Commission of Town of" New Milford, 148 F.Supp.2d 173, 189 (1). Court. 2001) f]oregoing or modifying the practice ' of one's religion because of governmental interference ... is precisely the type of `substantial. burden' Congress intended to trigger RLUIPA's protections, indeed it is the concern which impelled adopilon of the First Amendment and Cottonwood Christtan Center v, Cypress Redevelopm..nt Agency, 218 F.Supp.2d 1203, 1226 (C.D. Cal. 2002) [" (p)-reventing a church from building a worship site fundamentally inhibits its ability to practice itSL religion."]. Along with the First Amendment, the RLUIPA requires any govc:rnmcnt-imposed restriction on religious exercise to serve a compelling governmental interest that is of the highest order. See Church of the Lukumi Babaiu, supra, at 546. Among such high order interests are those that are directed .toward the prevention of a clear and present or grave and immediate danger to the public's health, peace, and welfare. See, e.g., Cam v. Marion County, Or., 987 F.Supp. 854, 864-865 (D. 4r. 1997). 4 When held up to this standard, it is clear that simply not being in conformity with a zoning designation falls well short of the compelling state interest that the RLUIPA requires. Moreover, even if it could be argued that non -conformity with a zoning designation is a compelling interest, the present circumstances do not suggest that the City of Plymouth is .pursuing its interest in the most narrowly -tailored or least restrictive Manner. For purposes of clarity and comprehension, it might be helpful for the City of Plymouth to think of the requirement .of demonstrating a "compelling interest" here as. being the same rNuircment that applies when a government attempts to rely on a racial classification in its decision-making. Just as a government's proffer of an interest in presel-ving the zoning designation of an area would fall well short of the compelling interest required to justify a racial classification, so too is such an interest insufficient to justify imposing a substantial burden on -a. religious institution's free exercise rights. In addition to imposing a substantial burden, the RLUIPA prohibits government agencies from treating religious assemblies on less than equal terms than equivalent non- religious assemblies (42 U.S.C. §2000cc 2(b)(1)). As lower courts have held, the Equal Terms provision codifies "existing Supreme Court decisions under the Free Exercise and 4 "Group prayer by itselfdoes no harm to agricultural resource land, and a protribition against prayer meetings on farms by itself does nothing to preserya agricultural resource land, cspec'ally where the state permits similar meetings of a secular nature. The asserted justification by the state for the application of the regulation in this case is riot Drily Eesti than compelling, it does not exist.," Establishment Clauses of the First Amendment as well .as under the Equal Protection Clause of the Fourteenth Amendment," Ventura County Christian High Schoot v. City of San Buenaventura, 233 F. Skipp. 2d 1241, 1246 (C.D. Cal, 2002) (quotations omitted). See edom Baptist Church v. Twp. C f.Mddletown, 204 F. Supp. 2d 857,_ 869 (E.D. Pa. 2002) same). "The purpose of this section is to forbid governments from pro tibiting religious assembly uses -while allowing equivalent, and oftcn more intensive, non -religious assembly uses." Ventura County Christian, 233 F. Supp. 2d at 1246 (quotation omitted). Since under current zoning laws, the City of Plymouth allows office buildings, sports and fitness clubs, sexually oriented businesses, child care centers, <<nd trade Schools in the same zone that Evergreen would like to relocate while outright denying this same opportunity to religious institutions like Evergreen, who wish to offs religious and spiritual counseling to the surrounding community, the City of Plymouth is diseriminating against Evergreen on the basis of religion. This is clearly -unequal treatment -by the City, and any argument over the fact that the. activities engaged by Evergreen aii,- religious rather than secular is without merit. See, e.g., Lave Church v. City of Evanston, f171 F.Supp. 515, 518-19 (N.D. 111. 1987) [coning ordinance perrnitting meeting halls, but not churches, in commercial district impermissibly favored secular assemblies over religious ones], vacated on other grounds, 896 F.2d 1082 (7a' Cir. 1990). The Pacific Justice Institute -recognizes that because the RLUIP, k is a relatively new statute, the City of Plymouth may not be fully aware of its application or requirements in this situation. Nevertheless, based upon the above summary and analysis of facts and law, the Pacific Justice Institute hereby recommends that the City brant Evergreen Community Church's application for conditional use permit for its ptoperty at 5205 Hightivay 169 in light of the above referenced legal and factual summary. 'Both Evergreen and the Pacific Justice Institute anticipate this. request will be satisfied within thirty (30) days from the date of this letter. Should the City of Plymouth fail or -refuse to comply, Evergreen is prepared to pursue al l available legal remedies, including litigation, On behalf of Evergreen Community Church, .the Pacific Justice institute thanks you for your prompt attention to the above stated matters. Should you -'r the City of Plymouth have any questions, please feel free to contact us at the address and.phone number on this letterhead. Sincerely, James Griffiths, Esq. Assistant Counsel Pacific Justice: Institute cc: Pastor Mark Stigli.cz, Evergrccn Community Church 5 004--1 ore GTQg oM.r 11 . 4 O v - 6 xXlW 15 Statement of Substantial Burden Pastors Doucr Patterson and Mark Stiglicz of Evergreen Comraunity Church have a calling on our lives to fulfill a directive of our Lord Jesus Christ as found in the scriptures to "Feed My sheep." (John 21:17) This command by our Lord involves a teaching, discipling ministry of others in the things that pertain to God and His Word - the Bible. Our calling is to preach and teach the gospel, disciple people, provide biblical support and prayer, train leaders, oversee ministries, and encourage and provide opportunities for people to fellowship and develop relationships. Our present facilities have been a great hindrance for us to fulfill God's calling in numerous ways. We are limited in our ability to teach, train, gather for corporate prayer, and offer additional irnnistries to our congregation and to our community. Without relocation, our pastoral responsibilities are hindered by facility access and location restrictions. Evergreen Community Church has been located in seven different facilities in the last ten years. Moving so often has also placed a burden on our congregation. We desperately need stability. The location at 5205 State Highway 169 in Plymouth (Midwest Business Center) is the only viable option that fits our purposes. Evergreen Community Church has been looking for a facility to which we can relocate for over nine months. This particular property has everything we need, including sufficient parking, adequate interior space,. and strategic location. It is the only property we have seen that meets our needs. While there are spaces available in areas where churches are allowed, these other facilities will not work for our church for two main reasons: 1. Location. A study of our congregation shows that the overwhelming majority of our attendees live within easy access to Highway 169, and close to the Midwest Business Center property. Moving further to the west or to the north would restrict the number of people that would move with us in a relocation. 2. Price. Space that is available in commercial areas is nearly three times as expensive as the property that we desire. We simply cannot afford to locate in commercial areas. If we are not allowed to occupy and use the Midwest Business Center facility, it will substantially burden our church. We will not be able to perforin the ministry that we believe God is calling us to do, as detailed below. www_everareenr.r. cam AUG 12 2004}1 V CITY OF PumauiN r- Cn Cn LO LO z Cn Evergreen Community Church is a unique church because of its commitment and investment into the communities in which it is located. Evergreen has 5 locations throughout the Twin Cities. Its West Minneapolis location has over 100 volunteers working with 5 professional staff in over 25 separate need- rieeting ministries and services. Many of these ministries are targeted specifically to those outside our church community who may be in some sort of need. Listed below are areas in which we have.been substantially burdened by lack of a 2417 space that greatly hinder us in fulfilling our God-given responsibilities. 1. CHURCH SET-UP Since we are meeting in a public school, volunteers must set-up the church for every service. Sunday school materials, nursery equipment, sound equipment, informational tables, banners, etc. must be assembled and set-up for each service. This is an exceedingly difficult and time consuming task. 2. SUNDAY SCHOOL Some of our children are unable to meet in classrooms at Anwatin Middle School. Classes are held in open areas of the gymnasium. Classes are very noisy and confusing. The environment is extremely poor. Learning is hindered. 3. MEN'S AND WOMEN'S MINISTRIES Without a consistent meeting space beyond Sunday morning, we have been unable to effectively minister to the specific needs of men and women in our church through seminars or Bible Study Meetings. Ministry to these groups has greatly suffered as a result. 4. TEENS Parenting is very challenging these days. Many parent desire a healthy teen ministry for their challenging teens, Teens need to have good friends and a place to help steer them in the right direction, In order to operate a flourishing youth group, we need a 2417 space where teens can call "home."- Our teen group has been greatly hindered by constantly trying to find rental space in the community. 5. SUPPORT AND RECOVERY MINISTRY We are helping a large number of drug addicts and alcoholics. The ministry is being severely limited by lack of space. Currently, this ministry is meeting in a completely different building. They have no place to call "home." This sense of stability is a very important piece to recovery. 6. SINGLES MINISTRY Evergreen is unique in that we cater to a large single membership. Not many churches have effectively reached out to singles. However, our singles group has been severely limited by lack of space. They have rented space in various places through out the community. This space search has been very time-consuming and expensive. There is no place they can call "home." 7. MINISTRY EXPANSION We have had many ideas for expanding our ministry at Evergreen, but we cannot do so because of lack of 2417 space. Ideas include: - o Vacation Bible School o Various children's clubs o Mother's of Pre-Schoolers (M.O.P.S.) o Men's ministry o Woman's ministry o Bible Studies o Corporate Prayer Times o Need Meeting Community Seminars S. COMMUNITY SERVICE EXPANSION We have had many ideas for expanding our community service at Evergreen, but we cannot do so because of lack of 2417 space. Ideas include: o Offering meeting space for civic and community organizations. o Creating a food shelf and/or clothing shelf £or the needy o Child-care for single mothers 9 9. STORAGE We have very little storage space at the school. Materials are not organized and readily available. A central storage area would be critical to the efficient operation of a growing church. 10. ESTABLISHING A SENSE OF CONINIIINITY While Evergreen has limped.along in a rental facility, the church community has no place to call "home." This has severely limited our ability to establish a sense of community and identity. There are no comfortable gathering areas at the school. All seating at the school has been designed for young teenagers. 11. OUTREACH We believe there is welcoming and inviting spirit at Evergreen. However, because we do not have a 2417 facility, we face extreme outreach limitations. Many con-imunjfy rP8idents don't even know the church exists because we are hidden in a school building. Also, some residents are suspicious of the church wondering if Evergreen Community Church is stable and cornnutted to the community. The outreach of the church is hindered by all the factors listed above. Our desire is to reach out to the surrounding communities and share the Good News of Jesus Christ," transforming our community, meeting real needs of real people, and multiplying through venues and church planting. " People are turned off when there is inconvenience and disorganization.. Special outreaches and ministry ideas are hindered significantly. Overall, having a 2417 facility will give us much more flexibility to better serve our community and church family, REFERENCES We have been excellent tenants in every rental and lease situation in our ten year history. Please feel free to contact any of the below references. Wayzata Public Schools— Wayzata Central Middle School (1994-1998) Kristin Tolleson - Community Education Services — (763) 745-5262 Robbinsdale Area School District - Armstrong Nigh School (1998-2002) Linda Kemper Community Ed - (763) 504-4902 Karen Vogh — Community Ed — (763) 504-4917 Hope Alliance Chapel (Meeting Space rental 2003 -- Present) Brian Sinclair — Pastor — (763) 546-4352 Vicki Mehrwerth — Administrator — (763) 546-4352 Teff Fuller — (612) 723-8992 Minneapolis Public Schools — Anwatin Middle School (Weekly services 2002 -Present) Beth Russell — Principal — (612) 668-2451 Bonnie Rasmussen — Conununity Ed — (612) 668-3946 09 Parking 51 st Avenue For presentation purposes only, not to scale 004-10 b 5205 Highway 169 Plymouth, Minnesota SITE PLAN Paddng Parking r I r AUG .1 2 2004 L AG rn co W 0) PIN August 19, 2004 Mark Stiglicz Evergreen Community Church 12225 Nicollet Avenue South Burnsville, MN 55337 SUBJECT: Conditional Use Permit Application for Evergreen Community Church to locate in an I -2 -Zoned Building at 5205 State Highway 169 (2004106) Dear Rev. Steglicz: The Planning Division staff has conducted a review of the subject application materials that were received by the City on August 12, 2004. According to those materials, you are requesting a conditional use permit to locate Evergreen Community Church in a building that is zoned I-2 (General Industrial). The City's I-2 zoning district does not allow churches as either permitted or conditional uses. Consequently, I am returning your . application and related materials. You can expect to receive. a refund on your application fee within the next week to 10 days. If you wish to appeal the staff decision, you have 30 days in which to do so. I have attached a copv of the section of the Zoning Ordinance addressing appeals. This section outlines the appeal procedures. If you have any questions regarding this matter, please contact me at 763-509-5401. Sincerely; — Anne W. Hurlburt, AICP Community Development Director Enclosure PLYMOUTH A Beautiful Pace to Live CITY OF PLYNOUTH- August 19, 2004 Mark Stiglicz Evergreen Community Church 12225 Nicollet Avenue South Burnsville, MN 55337 SUBJECT: Conditional Use Permit Application for Evergreen Community Church to locate in an I -2 -Zoned Building at 5205 State Highway 169 (2004106) Dear Rev. Steglicz: The Planning Division staff has conducted a review of the subject application materials that were received by the City on August 12, 2004. According to those materials, you are requesting a conditional use permit to locate Evergreen Community Church in a building that is zoned I-2 (General Industrial). The City's I-2 zoning district does not allow churches as either permitted or conditional uses. Consequently, I am returning your . application and related materials. You can expect to receive. a refund on your application fee within the next week to 10 days. If you wish to appeal the staff decision, you have 30 days in which to do so. I have attached a copv of the section of the Zoning Ordinance addressing appeals. This section outlines the appeal procedures. If you have any questions regarding this matter, please contact me at 763-509-5401. Sincerely; — Anne W. Hurlburt, AICP Community Development Director Enclosure PLYMOUTH A Beautiful Pace to Live September 2, 2004 CITY OF PtY41OAnneW. Hurlburt COMMllNin OE E OPM1rPIT DEPARTIv1EPIT Planning Department City of Plymouth 3400 Plymouth Boulevard Plymouth, IvfN 55447-1482 SUBJECT: Appeal for Conditional Use Permit for Evergreen Community Church to locate at 5205 State Highway 169' Dear. Ms. Hurlburt: - This is to inform you that we would like to formally appeal the decision to deny a Conditional Use --Permit for Evergreen Community Church to occupy a portion of the property at 5205 State Highway 169. The basis of our appeal is twofold: 1.. A possible violation of the Religious Land Use anclInstitutionalized Persons Act'of 2000 (specifics of this appeal are laid out in the attached letter from the Pacific Justice Institute). 2. Evergreen Community Church's potential benefits to the community of Plymouth (also explained in an attached letter from Evergreen Community Church which details conformity to CUP standards). Thank you for your attention to this matter. If you have any questions, you may lcontact- me directly at the number below. Sincerely, Mark Stiglicz Pastor Evergreen Community Church 763) 971-8131 f Enclosures WITu MQ;11rfe imn im QinnuNP.Tnu nivun11Tu hun 11VH111C at..a. September 8, 2004 CITY OF PLYMOUT+ Mark Stiglicz, Pastor Evergreen Community Church 12225 Nicollet Avenue South Burnsville, MN 5 5337 RE: Appeal of Rejection of Conditional Use Permit Application for Church in I-2 Zoning District, 5205 State Highway 169 (2004106) Dear Pastor Stiglicz: The Community Development Department received your letter of appeal on September 3, 2004. Pursuant to Section 210')5 of the City of Plymouth Zoning Ordinance the City Council, acting as the Board of Adjustment and Appeals, will hear your appeal within 60 days, or not later than November 3, 2004. Tentatively, the Council is scheduled to consider your appeal at their meeting on October 12, 2004. City staff will prepare a report that will be available to you on the Friday prior to the City Council meeting when it will be considered. Your application for a conditional use permit was received by the City on August 12, 2004. If the City Council should sustain your appeal and allow the application to proceed, the original application would be processed. You would need to make it com,,lPtp by.. re-snhm.itting the fee that has been refunded to you, and provide the signature of the fee owners which was missing from the application. Because a conditional use permit application requires a public hearing before the Planning Commission, the City will exercise its authority to extend the statutory review period from 60 to 120 days. The 120 -day review period ends on November 10, 2004. If you have any questions please feel free to contact me at 763 509-5101. Sincerely, Anne W. Hurlburt, AICP Community Development Director PLYMOUTH A Beautiful Place to Live 303-305.2 SECTION 303 ASSEMBLY GROUP A 303.1 Assembly Group A. Assembly Group A occupancy includes, among others, the use of a building or structure, or a portion thereof, for the gathering together of persons for purposes such as civic, social or religious functions, recre- ation, food or drink consumption or awaiting transportation, A room or space used for assembly purposes by Iess than 50 persons and accessory to another occupancy shall be includ- ed as a part of that occupancy. Assembly occupancies shall include the following: A-1 Assembly uses, usually with fixed seating, intend- ed for the production and viewing of the performing arts or motion pictures including, but not limited to: Motion picture theaters Television and radio studios admitting an audience Theaters A-2 Assembly uses intended for food and/or drink con- sumption including, but not limited to: Banquet halls Night clubs Restaurants Taverns and bars A-3 Assembly uses intended for worship, recreation or amusement and other assembly uses not classified elsewhere in Group A, including, but not limited to: Amusement arcades Art galleries Auditoriums Bowling alleys Churches Community halls Courtrooms Dance halls Exhibition halls Funeral parlors Gymnasiums Indoor swimming pools Indoor tennis courts Lecture halls Libraries Museums Passenger stations (waiting area) Pool and billiard parlors A-4 Assembly uses intended for viewing of indoor sport- ing events and activities with spectator seating, including, but not limited to: Arenas 2s USE AND OCCUPANCY CLASSIFICATION Skating rinks Swimming pools Tennis courts A-5 Assembly uses intended for participation in or view- ing outdoor activities including, but not limited to: Amusement park structures Bleachers Grandstands Stadiums SECTION 304 BUSINESS GROUP B 304.1 Business Group B. Business Group B occupancy includes, among others, the use of a. building or structure, or a portion thereof, for office, professional or service -type transac- tions, including storage of records and accounts. Business occu- pancies shall include, but not be limited to, the following: Airport traffic control towers Animal hospitals, kennels and pounds Banks Barber and beauty shops Car wash Civic administration Clinic ---outpatient Dry cleaning and laundries; pick-up and delivery stations and self-service Educational occupancies above the 12th grade Electronic data processing Fire and police stations Laboratories; testing and research Motor vehicle showrooms Post offices Print shops Professional services (architects, attorneys, dentists, physicians, engineers, etc.) Radio and television stations Telephone exchanges SECTION 305 EDUCATIONAL GROUP E 305.1 Educational Group E. Educational Group E occupan- cy includes, among others, the use of a building or structure, or a portion thereof, by six or more persons at any one time for educational purposes through the 12th grade. 305.2 Day care. The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five children older than 2L/2 years of age, shall be classified as a Group E occupancy. 2000 INTERNATIONAL BUILDING CODED Agenda Number: , TO: Laurie Ahrens. City Manager AVFROM: Armee Hur rt, Community Development Director SUBJECT: Evergreen Community Church. Zoning Appeal, Religious Use in the I- 2, General Industry District. (2004106) REVIEW DEADLINE: November 3, 2004 DATE: October 5, 2004 for the City Council Meeting of October 12, 2004 1. PROPOSED ACTION Hear the appeal of Evergreen Community Church of the Zoning Administrator's decision that religious institutions are not allowable in the I-2, General Industry Zoning District. After hearing the appeal, the Council may adopt one of the following resolutions, as drafted or as may be amended by the Council: A. A resolution granting the appeal, finding that the application for a conditional use permit for the church to locate at 5205 State Highway 169 may proceed. B. A resolution denying the appeal and the application for Conditional Use Permit because the application is not allowed by the Zoning Ordinance. Adoption of a resolution resolving a zoning appeal requires a 417 vote of the City Council. 2. BACKGROUND A. Evergreen Community Church Application On August 12, 2004 Evergreen Community Church (hereafter "Evergreen) submitted an application for a Conditional Use Permit (CUP) to conduct their worship services and other related activities in a portion of the Midwest Business Center Building at 5205 Highway 169 North (see location map and copy of application, attached.) Evergreen is proposing to lease one of two vacant spaces (approximately 15,800 to 16,800 sq. ft.) in the 97,643 sq. ft. multi -tenant building. A narrative describing the variety of activities they propose to conduct in the building accompanied the application. They also submitted a letter from the Pacific Justice Institute File 2004106 Page 2 describing how they believe RLUIPA, the federal Religious Land Uses and Institutionalized Persons Act of 2000, applies to this application. The letter indicates that if the City failed to issue the permit within 30 days "Evergreen is prepared to pursue all available legal remedies, including litigation." This was accompanied by a "Statement of Substantial Burden" from Evergreen Community Church, indicating that if they were not allowed to locate there that it would substantially burden the church because of the location and price of the facility. Staff reviewed the application and found that the application could not be accepted because the Zoning Ordinance does not allow religious institutions either as a permitted use or by CUP in the I-2, General Industry zoning district in which the site is located. A letter was sent on August 19 advising Evergreen of this ruling by the Zoning Administrator (Community Development Director Anne Hurlburt) and explaining that they would have 30 days to appeal. The $200 application fee was refunded. On September 3, 2004 Evergreen appealed. The letter of appeal stated the basis of the appeal is 1. a possible violation of RLUIPA as described in the letter from the Pacific Justice Institute; and 2. Evergreen's potential benefits to the community. Upon receipt of the appeal, staff informed Evergreen that if the City Council should sustain the appeal that the original application would be processed. Evergreen would need to make it complete by re -submitting the fee that has been refunded. Because a conditional use permit application requires a public hearing before the Planning Commission, the City exercised its authority to extend the statutory review period from 60 to 120 days. The 120 -day review period ends on November 10, 2004. S. Procedure for Zoning Appeals Consistent with Section 21035 of the Plymouth Zoning Ordinance, and state law, rulings of administrative officers of the City may be appealed to the Board of Adjustments and Appeals. In Plymouth, the City Council serves as the Board of Adjustments and Appeals. Appeals are only applicable to an interpretation of legislative intent of provisions of the Zoning Ordinance, and not opinions or evaluations as they pertain to the impact or result of a request. A property owner must file a notice of appeal within thirty (30) days after the making of the order being appealed. The Board must make its decision by resolution within sixty (60) days from the date of the receipt of the complete application. After the Board has made its decision, ars applicant may appeal to District Court. C. RLUIPA--Religious Land Use and Institutionalized Persons Act The federal law known as "RLUIPA" was enacted in September 2000, and was intended to protect religious freedoms by setting forth a general rule prohibiting a local government from imposing a land use regulation in a manner that imposes a "substantial burden" on "religious exercise" by people or institutions, unless the government can demonstrate that the burden is in furtherance of a "compelling governmental interest" and is the least restrictive means of furthering that interest. RLUIPA defines "land use regulation" as a "zoning or land -marking law, File 2004105 Page 3 or the application of such a law, that limits or restricts a claimant's use or development of land including a structure affixed to land), if the claimant has an ownership, leasehold... or other property interest... or a contract or option to acquire such an interest." RLUIPA contains provisions mandating that local land use regulations must: Grant "equal treatment" to a religious assembly or institution; Not discriminate against any assembly or institution on the basis of religion -or religious denomination; and Not impose or implement a land use regulation that totally'exo1udes religious asse111blies from a jurisdiction or unreasonably limits religious assemblies, institutions or structures within a jurisdiction. The law has broad jurisdiction, and has an expansive definition of what constitutes a protected exercise of religion." RLUIPA prescribes rules for legal claims brought under the Act, including shifting the burden of persuasion to local government once a plaintiff produces prima facie evidence of a violation, and providing for the recovery of attorney's fees. The results of lawsuits brought under the act have been mixed. How the courts will rule, particularly the Supreme Court which has not yet heard a RLUIPA case, is still evolving and cannot be predicted. D. Plymouth Zoning Requirements for Churches The Zoning Ordinance allows "religious institutions such as churches, chapels, temples, synagogues, limited to worship and related social events" (hereafter referred to as "churches") in several zoning districts. Churches are specifically allowed as a permitted use in the PI, Public/Institutional zoning district. Churches are allowed by CUP in all urban residential districts (all RSF and RMF districts), subject to the general conditions that apply to all CUP's. Churches are also allowed by CUP in the C-2 district and all of the City Center (CC) subdistricts, subject to the general conditions, and provided that the space used for the church is shared with a use allowed within the district, or occupies no more than twenty (20) percent of a multi -tenant shopping center, and if activities are limited to worship services and directly related social events. Churches are not listed as either permitted or conditional uses in the following zoning districts: FRD, C-1, C-3, C-4, BC, O, I-1, I-2 and I-3. Even though churches are not listed as allowed uses in the C-4 (Community Commercial) zoning district, staff recently interpreted the Zoning Ordinance to permit a church to locate in that district as a permitted use. The Victorious Life Church recently occupied the former day care building at 100 Nathan Lane. Staff found that because the C-4 district permits similar places of assembly as permitted uses (for example, theaters and reception halls) RLUIPA would require that the City also allow churches in that zoning district. Because some of Plymouth's other commercial zoning districts C-1, C-3, O and B -C also allow some "assembly" -type uses, it is likely that we would need to make the same interpretation if a church wished to locate in one of those zoning districts. Therefore, the only zoning districts we would interpret as not allowing File. 2004106 Page 4 churches, based on RLUIPA, are FRD (Future Restricted Development, which the City uses as a holding" zone for rural and undeveloped properties) and the three industrial districts (I-1, I-2 and I-3.) Depending upon the specific requirements of individual PUDs (Planned Unit Developments) it is likely that many of the City's residential and commercial PVDs would also need to allow churches as a possible use, based on the interpretation of RLUIPA. 3. ANALYSIS OF APPEAL Evergreen's appeal cites two issues: 1. a possible violation of RLUIPA, and 2. Evergreen's potential benefits to the community. The second issue, Evergreen's potential benefits to the community, is not a valid basis for appeal, because that would pertain to the "impact or result of a request" which is by law not subject to the appeal procedure. The analysis that follows, therefore, will focus on the first issue; the possible violation of RLUIPA as described in the letter dated August 5, 2004 from the Pacific Justice Institute hereinafter referred to as "PH"). Does Plymouth's zoning ordinance treat a religious assembly on less than equal terms than equivalent non -religious assemblies? In alleging discrimination, PJI cites the fact that office buildings, sports and fitness clubs, child care centers, laboratories, machine shops, radio and television stations, sexually -oriented business, therapeutic massage businesses, and trade schools are all allowed in the I-2 zoning district and are not faced with the same prohibition as Evergreen. Staff strongly disagrees the uses cited are "non -religious assembly uses" that should be interpreted to also allow churches under RLUIPA. Since the Zoning Ordinance does not define assembly uses", Section 21005 Subd. 8 of the ordinance requires that definitions found elsewhere in the City Code, Minnesota State Building Code or Merriam -Webster's Collegiate Dictionary Tenth Edition shall be used to define the term. The Minnesota State Building Code Section 303, see attachment) contains an extensive list of assembly uses classified into five subcategories. None of the uses cited by PSI are contained in this list. All of them clearly fall into other classifications. All types of "sexually -oriented uses" are defined by the Zoning Ordinance as completely separate from non -sexually oriented uses. They are subject to additional zoning restrictions and licensing requirements in order to protect the public health, safety and welfare, due to the documented experience of other communities with the negative consequences of the presence of such businesses, which are often the sites of acts of prostitution, illicit sex and occasions of violent crimes. The City prohibits such uses from locating in close proximity to residentially zoned property or schools, and prohibits more than one such use to be located on a single site. No such prohibitions exist for non -sexually -oriented uses. Staff rejects the argument that religious assemblies are discriminated against compared to sexually oriented uses. File 2004106 Page 5 Does the prohibition of churches in the I-2 zoning district impose a substantial burden on the religious practices of Evergreen? The table below summarizes the land area within the City of Plymouth zoned in various classifications that either allow or do not allow churches. As noted previously, the only zoning districts that do not allow churches based on staff s interpretation of RLUIPA are the FRD district and the Industrial (I-1, I-2 and I-3 districts.) For the purposes of this table PUD districts nnrnrrvr rni n hii Y ir in cfl#ilfY 11 YlA ,'a..nd residential 71 G,`PC n-rr,. l:l1T'1,C,1dP.l"P.f to allowinareasguidedforcol11111ercia1, ,LlV11Vl AARJti. u.iviaua churches, and those in areas guided for industrial uses are considered to prohibit churches. Land Area by Zoning Districts City of Plymorrth, September 2004 The data demonstrate that the majority of the City's land area is in zoning districts that allow churches. Of the 27.5% of the city's land located in districts prohibiting churches, most of that area (17.8% of the city) is within the FRD District, the holding zone. When public infrastructure is made available and development is proposed it is highly likely that a large percentage of this land will be rezoned to one of the classifications allowing churches. Only 9.7% of the City's land is located in one of the industrial zoning classifications or in an industrial PUD that prohibit churches. The City's Zoning Ordinance_ has not been a barrier or a substantial burden hampering churches from locating in Plymouth. Plymouth currently has 27 churches occupying approximately 230 acres of land (1.28% of the city) in various zoning classifications. In addition, another church currently owns approximately 120 acres of undeveloped land (currently zoned FRD and outside of the urban service area), which would bring the total land area to'350 acres or about 1.95% of the City. Churches Allowed Churches Not Allowed Zoning Districts Acres Percent Acres Percent Residential FRD, Future Restricted Dev. 3,188 17.8% All RSF and RMF Districts 9,504 53.0% Commercial C-1 through C-5 340 1.9% B -C (Business Cam us)/ O (Office) 501 2.8% City Center 136 8% Industrial I-1 through 1-3 1,581 8.8% Other P -I (Public/Institutional) 1,762 9.8% PVDs 752 4.2% 178 9% TOTAL 11995 72.5% 4,947 27.5% The data demonstrate that the majority of the City's land area is in zoning districts that allow churches. Of the 27.5% of the city's land located in districts prohibiting churches, most of that area (17.8% of the city) is within the FRD District, the holding zone. When public infrastructure is made available and development is proposed it is highly likely that a large percentage of this land will be rezoned to one of the classifications allowing churches. Only 9.7% of the City's land is located in one of the industrial zoning classifications or in an industrial PUD that prohibit churches. The City's Zoning Ordinance_ has not been a barrier or a substantial burden hampering churches from locating in Plymouth. Plymouth currently has 27 churches occupying approximately 230 acres of land (1.28% of the city) in various zoning classifications. In addition, another church currently owns approximately 120 acres of undeveloped land (currently zoned FRD and outside of the urban service area), which would bring the total land area to'350 acres or about 1.95% of the City. File 2004106 Page 6 Evergreen has stated that there are other spaces available in areas where churches are allowed, but that these other facilities will not work for them for two main reasons, the location (they wish to be near Highway 169) and the price. They state that space available in commercial areas is nearly three times as expensive as the property that they desire, and they cannot afford to locate in commercial areas. With most of the City's land area in zoning classifications that allow churches, and with Highway 169 providing access along the entire eastern border of the City, there is sufficient land area potentially available with easy access from that route. The price of purchasing or leasing property is not a burden created by the City's Zoning Ordinance. Price is determined by the market and depends upon supply and demand conditions and the specific characteristics of sites or buildings available at a given time. Furthermore, the lease or purchase price is only one factor in the relative cost of establishing a particular use. For example, substantial costs may be incurred to modify a building designed for an industrial use to be suitable and safe for a church or other place of assembly. 4. STAFF COMMENTS Plymouth's Zoning Ordinance is similar to those of many other comparable communities in not allowing churches in industrial zoning districts. There are many reasons why exclusive industrial districts have been established, and why there is a growing concern in many cities across the country about protecting them from encroachment of other uses. Industrial zones create opportunities for economic development providing jobs and enhancing the local tax base. Businesses benefit from locations near their suppliers and other businesses that provide services to them and their employees. Cities designate industrial zones in suitable locations with adequate access to major transportation infrastructure (such as major roads and transit) and may enhance local roads and utilities (heavy-duty paving and wider strects; higher -capacity sewer and water lines) to accommodate industrial demand, which may be more intense than in residential or commercial areas_ Access to rail lines and/or special utility needs may also be provided by the private sector. Industrial areas may generate traffic and other potentially disruptive characteristics (such as noise or odor) 24 hours a day, seven days a week. Careful attention is given to separating industrial areas from residential areas. The economy has been changing over the last several decades, and so have industrial areas. Manufacturing has declined as a share of our economy. Buildings once used for manufacturing are being retrofitted for high-tech businesses and service companies. Offices and laboratories are replacing factories. The potential nuisances posed by some industries have been reduced by environmental regulation. In Plymouth, we have seen these changes reflected in conversion of buildings originally designed as manufacturing facilities to offices, and warehouse space converted to retail uses, for just two examples. And, with the recent downturn in the economy, there has been an increase in the vacancy rate in the industrial sector, depressing rents and making vacant industrial buildings attractive for uses that previously would have looked elsewhere. File 2004106 Page 7 Converting industrial buildings for different uses raises a number of issues. Offices require significantly more parking, and generate more traffic, than manufacturing uses. Structures built for manufacturing or warehousing may be difficult to adapt to office uses from a building safety standpoint, because of the type of construction or because they lack sprinklers, proper exiting or sanitary facilities. Churches have also changed in recent decades, affecting their land use impacts and desire for different types of locations. In the past, churches were more likely to draw from their local i r ,.7- _ r----: _ F ..._.z ].- +:..1 C 1-.....+.on I -A. r i'an lineighborhood, and were an accepted part of LnC I'U'Dric of resideli ial areas. Gauc hes wuuj to be much larger, with increasing impacts on their neighborhoods due to traffic and parking. They may draw from a large area and desire highly visible locations. Churches are also more likely to operate seven days a week, not just on weekends. Many have expanded their functions to include more social services and related activities such as day care centers, media production facilities and retail uses. While churches may share some of the same impacts (such as traffic) as some uses in industrial areas, there are still good reasons to prohibit them from industrial zoning districts. Cities have an interest in protecting long-term viability of their limited amount of high-quality industrial sites, and in protecting incompatible uses (such as many of the family-oriented activities associated with churches) and traffic from negative impacts of industrial businesses. Planning staff has been reviewing the land uses allowed in Plymouth's industrial zoning classifications due to the changes in the economy and the growing need for re -use or redevelopment of older buildings. We will soon be recommending some minor changes for the Planning Commission and Council's consideration. If the City Council wishes to allow churches on some basis in the industrial zoning districts, the appropriate next step would be to amend the zoning ordinance so. as to provide the specific circumstances, location or conditions that would ensure that they would be compatible with the other uses and purposes of the district. Providing specific standards to allow churches as conditional uses would be a better approach than granting an appeal such as this request. S. RECOMMENDATION Staff recommends that the Council hear the appeal, and then adopt the resolution denying the appeal and the application for conditional use permit. If the Council believes that the Zoning Ordinance should allow religious institutions in Industrial zoning districts, we recommend that staff be directed to prepare amendments for future consideration by the Planning Commission and City Council. ATTACHMENTS: 1. Location Map 2. Application for Conditional Use Permit (August 12, 2004) File 2004106 Page 8 Applicant's Narrative (letter dated August 10, 2004 with attachments, including August 5, 2004 letter from Pacific Justice Institute and "Statement of Substantial Burden" 4. Site Plan 5. Letter from Anne Hurlburt to Evergreen Community Church (August 19, 2004) 6. Letter of Appeal from Evergreen Community Church (September 2, 2004 received September 3, 2004) 7. Letter from Anne Hurlburt to Evergreen Community Church (September 8, 2004) 8. Section 303-305,2, 2000 International Building Code (Minnesota State Building Code) 9. Draft Resolution, Alternative A: Resolution Granting the Appeal 10. Draft Resolution, Alternative B: Resolution Denying the Appeal and Denying the Application for Conditional Use Permit Location Map - 2004706 Evergreen Community Church 5205 Slate Highway 769 Request for Zoning Appeal City of Plymouth, Minnesota Land Use Guide Plan C, Comercial CC, City Center CO, Commercial Office IP, Planned Industiral LA -1, Living Area 1 N LA -2, Living Area 2 W+ E LA -3, Living Area E LA -4, Living Area 4 3 LAR, Living Area Rural P -I, Public!Semi-PublicJlnstitutiona) railroad L_. ,j MUSA 400 200 0 400 800 1,200 1,600 2,000 Feet CITY OF PLYMOUTH RESOLUTION 2004-426 DENYING THE APPEAL OF EVERGREEN COMMUNITY CHURCH FOR A RELIGIOUS USE IN THE I-2, GENERAL INDUSTRY DISTRICT (20041.06) WHEREAS, on August 12, 2004 Evergreen Community Church submitted an application for a Conditional Use Permit (CUP) to conduct their worship services and other related activities in a portion of the Midwest Business Center Building, located at 5205 Highway 169 North; and WHEREAS, the Zoning Administrator reviewed the application and found that the application could not be accepted because the Zoning Ordinance does not allow religious institutions either as a permitted or conditional use in the I-2, General Industry zoning district in which the site is located; and WHEREAS, on September- 3, 2004 Evergreen appealed, alleging a possible violation of the federal Religious Land Use and Institutionalized Persons Act (RLUIPA); and VHEREAS, the City Council, acting as the Board of Zoning Appeals, has reviewed the appeal and the application for conditional use permit at a duly called public meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the appeal of Evergreen Community Church, based on the following findings: 1. The Zoning Ordinance does not .allow religious uses in the 1-2, General Industry District. 2. There is no violation of RLUIPA, as Plymouth's zoning ordinance does not treat a religious assembly on less than equal terns than equivalent non -religious assemblies. 3. The prohibition of churches in the I-2 zoning district does not impose a substantial burden on the religious practices of Evergreen Community Church. FURTHER, BE IT RESOLVED, that the application for a conditional use permit by Evergreen Community Church is hereby disapproved, because the Plymouth Zoning Ordinance does not allow churches in the I-2 District and does not provide for such an application; and FURTHER, BE IT RESOLVED, that the staff is directed to undertake a review of the Zoning Ordinance to determine if the changes should be made to allow churches in industrial districts, or may be needed to comply with RLUIPA. ADOPTED by the City Council on October 12, 2004. Adopted Council Minutes Regular Meeting of October 12, 2004 Page 4 of 11 2) Resolution Authorizing Issuance and Sale of $13,140,000 General Obligation Water Que Bonds, Series 2004B (Res2004-422). 6.13) Res tion Approving Change Order No. 2 for the Plymouth Creek Center (Res2004- 423). 6.14) (This item wasoved from the Consent Agenda and placed under General Business as item No. 8.4). 6.15) Resolution Approving Requ for Final Payment for Ridgemount Playfield Tennis Court Project (4108 — Res2004-424). 6.16) Resolution Approving the Professional ineering Services Agreement with SRF Consulting Group, Inc. for Vicksburg Lane Improv ents from 32"d Avenue to Trunk Highway 55 (4134 - Res2004-425). The motion carried to approve the amended Consent Agenda. Public Hearings There were no public hearings scheduled). 8.1) Zoning Appeal, Religious Use in the I-2, General Industry District (Evergreen Community Church — 2004106.) Community Development Director Hurlburt reported on the appeal from Evergreen Community Church to allow a religious use in the I-2 Zoning District at the Midwest Business Center building at 5205 State Highway 169. She stated the applicant proposes to lease one of two vacant spaces (approximately 15,800 to 16,800 sq. ft) in the Midwest Center Building for the purpose of conducting their worship services and other related activities. The applicant also submitted correspondence from the Pacific Justice Institute stating how they believe RLUIPA Federal Religious Land Uses and Institutionalized Persons Act of 2000) applies to this application. Staff reviewed the application and determined that the application couldn't be accepted because the Zoning Ordinance doesn't allow religious institutions either as a permitted use or by Conditional Use Permit in the I-2, General Industry Zoning District in which the site is located. She stated staff sent a letter to the applicant on August 19 advising them of the ruling by the Zoning Administrator and explaining that they would have 30 days to appeal. The $200 application fee was refunded. Adopted Council Minutes Regular Meeting of October 12, 2004 Page 5 of 11 On September 3 the applicant submitted their appeal, which is based on a possible violation of RLUIPA as described in the letter from the Pacific Justice Institute and Evergreen's potential benefits to the community. She stated if the Council were to sustain the appeal, the original application would be processed. She discussed the definitions of RLUIPA. She stated that RLUIPA contains provisions mandating that local land use regulations must: 1. Grant equal treatment to a religious assembly or institution. 2. Not discriminate against any assembly or institution on the basis of religion or religious denomination. 3. Not impose or implement a land use regulation that totally excludes religious assemblies from a jurisdiction or unreasonably limits religious assemblies, institutions or structures within a jurisdiction. She explained that the Zoning Ordinance allows "religions institutions such as churches, chapels, temples, synagogues, limited to worship and related social events" in several zoning districts. Churches are specifically allowed as a permitted use in the PI (public/institutional zoning district) and by Conditional Use Permit in all urban residential districts (all RSF and RMF districts), subject to the general conditions that apply to all Conditional Use Permits. In addition, churches are also allowed by Conditional Use Permit in the C-2 district and all of the City Center sub districts, subject to. general conditions, and provided that the space used for the church is shared with a use*allowedwithin the district, or occupies no more than 20 percent of a multi - tenant shopping center, and if activities are limited to worship services and directly related social events. She noted that only 9.7% of the City's land is located in one of the industrial zoning classifications or an industrial planned unit development that prohibits churches. She also stated that the'City's Zoning Ordinance hasn't been a barrier or substantial burden hampering churches from locating in Plymouth, as there are currently 27 churches occupying approximately 230 acres of land in various zoning classifications. -- She commented that the economy has been changing over the last several decades and so have industrial areas. Buildings once used for manufacturing are being retrofitted for high-tech_ businesses and service companies. With the recent downturn in the economy, there has been an increase in the vacancy rate in the industrial sector, depressing rents and making vacant industrial buildings attractive for uses that previously would've looked elsewhere. She stated churches have also changed in that they are much larger, with increasing impacts on their neighborhoods due to traffic and parking. Many times they draw from a large area and desire highly visible locations. They are also more likely to operate seven days a week, not just on weekends. While churches may share some of the same impacts (i.e. traffic) as some uses in industrial areas, there are still good reasons to prohibit them from industrial zoning districts.' Cities have an interest in protecting long-term viability of their limited amount of high-quality industrial sites, and in protecting compatible uses (such as many of the family -orientated activities associated with churches) and traffic from negative impacts of industrial businesses. Adopted Council Minutes Regular Meeting of October 12, 2004 Page 6 of 11 She stated if the Council wishes to allow churches on some basis in the industrial zoning districts, staff recommends that the next appropriate next step would be to amend the Zoning Ordinance so as to provide the specific circumstances, location or conditions that would ensure that they would be compatible with the other uses and purposes of the district. Providing specific standards to allow churches as conditional uses would be a better approach than granting an appeal such as this request. She stated staff is recornmenuiiig uelilai ol tlic appcai. Councilmember Black asked if sexually oriented businesses are permitted in industrial zoning districts. Community Development Director Hurlburt stated yes, and there are negative impacts with those businesses, and there is Federal law that suggests having those types of businesses in an area that has the least amount of impact on the City. Mayor Johnson noted that there could be negative impacts associated with industrial uses (i.e. chemicals, noise, filmes) in the space adjacent to where the church desires to be Iocated. Community Development Director Hurlburt stated that is why commercial and industrial uses are segregated due to the noises, potential fumes, activities and traffic. She stated the church could make a complaint in the future that could be very difficult for the industrial use which would force that use to relocate. Councilmember Black stated that to the south of this site, there would be AGA Medical. She asked what kind of traffic issues would be associated with that business. Community Development Director Hurlburt replied she is unsure. However, their facility would include the manufacturing use and their corporate office. Councilmember Bildsoe noted that there is only 8% of the total acreage in the City for industrial uses; therefore, this seems to be an "endangered species." Community Development Director Hurlburt agreed and stated that any growth would come from expansion of existing businesses. Pastor Doug Patterson stated they are a 17 -year old church that originally started in Bloomington. They are a non -denominational church, and they want to locate in the City. He mentioned that they used to meet at the Wayzata Central Middle School and Armstrong High School. He noted that they have relocated seven times the past 10 years. They desire a location where their congregation could access 24 hours per day, seven days per week. He stated the proposed location is a viable option as there is ample parking and the owner and other tenants of the building support their proposal. Mayor Johnson asked Mr. Patterson if they have reviewed any other commercial areas. Mr. Patterson replied yes. Mayor Johnson asked if staff reviewed the parking needs of this location. Community Development Director Hurlburt replied no. Adopted Council Minutes Regular Meeting of October 12, 2004 Page 7 of 11 Mike Garaghty, 15710 7th Avenue North, a member of Evergreen, stated they have tried other churches, but Evergreen was the best fit for them. Evergreen has changed their lives. Dawn Dexter, 17475 48th Place North, stated they were welcomed immediately by Evergreen, and they have been attending this church for five years. She commented on the wonderful support network that the church provides. She stated overall, she feels this permanent home for Evergreen would be beneficial to the Plymouth as the organization is open and accepting. Pastor Mark Stiglicz, stated they have completed afairly extensive research for a new facility, and they have reviewed neighboring communities. He explained there were 40 properties reviewed, and many of them had parking, price, and location issues that wouldn't work for their church services. He stated this proposed location is the only property that would meet their current needs. He stated they would be using the site during the off. -peak times, it would be very functional, and there would be sufficient parking. He referenced the correspondence from the Pacific Justice Institute regarding RLUIPA. They would be using the site during the off-peak times. There is sufficient parking for what they would need, and it would be very functional. However, they don't intend to use the RLUIPA law to "bully" their way into the City. Mayor Johnson stated the price of purchasing or leasing property isn't an issue for the Council. Jeffrey Thompson, 3189 Fernbrook Lane North, stated the I-2 district has a number of permitted and conditional uses and religious assemblies aren't permitted in either district. However, in_ these districts, commercial recreation indoor uses, sports and fitness clubs are permitted as conditional uses. He stated those uses are non -religious assembly uses. He stated the City couldn't discriminate against religious assemblies (RLUIPA) where recreational uses are allowed. He believes that under RLUIPA and other uses classified as non -religious assemblies, that the Zoning Ordinance would be inconsistent with RLUIPA. He stated they have worked with realtors to Iocate adequate facilities, and this is the only property that works for them. Evergreen would be a good tenant and a good neighbor. Mayor Johnson stated she is concerned about protecting Evergreen and having adjacent compatible uses. She stated if this use was approved at this site, the City would need to allow it in other I-2 Zoning Districts as the City couldn't do "spot zoning." City Attorney Knutson stated staff's conclusion is that the current zoning of this property is not a violation of RLUIPA. He stated there isn't a basis for "trumping" local zoning. He noted that the 1-2 Zoning District is the only district in which sexually oriented businesses could be located. He noted that the Supreme Court requires cities to provide a place for this type of use under .the First Amendment. This type of use also has to be a certain distance from churches and schools. If the City were to allow churches in industrial areas, then there is a problem where sexual oriented businesses would be allowed. Staff has reviewed what's allowed in the 1-2 Zoning District, and those uses aren't allowed. The regulation should be viewed as the Zoning Adopted Council Minutes Regular Meeting of October 12, 2004 Page S of 11 Ordinance in its entirety. He stated one needs to compare the overall treatment of non -religious and religious assemblies. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe to adopt a Resolution Denying the Appeal of Ever. een Community Church for a Religious Use in the I- 2 General Industry District 2004106 — Res2004-426 . Councilmember Black stated she would be uncomfortable with churches and sexually oriented businesses being allowed in the same zoning district. She noted there would also be noise and traffic issues with being in an industrial area as well as the AGA Medical expansion and how that business could impact this location. Councilmember Bildsoe stated that he wouldn't support amending the 1-2 Zoning District to allow churches at this time, but he would be interested in reviewing the Zoning Ordinance in the future to address Councilmember Black's concerns. He stated retaining the current zoning on this property does.provide a benefit to the community. He agreed that the church would be an asset to the community, but he is also concerned about adjacent uses, noise, and truck traffic. In addition, if the Council were to amend the Zoning Ordinance to allow churches in the I-2 Zoning District, this could occur in another location. Councilmember Slavik stated a church at this location would be in incompatible use, and it concerns her that a precedent would be set, as well as impacts from adjacent uses. She stated there have been problems with commercial uses being adjacent to residential areas, and she wouldn't want to approve that same type of situation. She noted that if this request was approved at this location, churches could be allowed to locate in other I-2 Zoning Districts. She stated the City has carefully planned where sexually oriented businesses could be located, and that is why those type of businesses have been restricted to the I-2 Zoning District. She wouldn't want that type of business to be adjacent to a church. Mayor Johnson agreed that she would also be willing to review the Zoning Ordinance as Councilmembers Black and Bildsoe have mentioned. She requested a friendly amendment to the motion that the City would review the Zoning Ordinance as it relates to RLUIPA and where churches could be located. 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I ........ ..... .. ... ........... .• ........ .. r... I::f4F=1==ifEf:IFi!ii4i .:i! r.::• ............'...I r. ......... I r.... r.;....... ; d II:. .........1::::::.:.....1.11.:..1iri?i:=F1 itr...,,..1.,.; .SHEIriF114 Zoning MI1SA LaAos C, Business Campus 1 vc' leC- ,Con nle Commerdal G;Y Nel-tirhood CommerclelA Rlghway Com-el"T.I CA, Comm-ity Cammardel C5, Commemialllndil lrlel C607, Clty Cenler ORicenEeh CGP, CIry Center, Pu61la CC.R, City Center, Retell CC -RE. City Cenler, RetdUEnledelnment FRO, F.Wre Resbleled 1 -ittpmant 1-1Light Mixilrlel 1.2, General Indt,,kid 1-3, II.- Illdit.rlal O. M. N. PublittAnsOlWdansl PUD, Poennea Urlt Cevelopmenl L\\\\\1 RMFA Multiple Family RMF -2, P YleMu111Femll 2 s,? RMF -3, Muilple Famlly 3 RMF , Mu111ple Family 4 ASF -1 Single Famly Detached 1 RSF-2, Single Famlly Uetatlaid 2 RSF-3, Single Famlly Dttatlred 3 REF -4, Single and Y Family Updated January 2005 City of Plymouth, Minnesota This represents a compliation of information and data from city, county, state and other sources that has not been field ver Pied. Infomlation should be field verified and wmpared with original source documents. 0.5 0.25 0 0.5 1 1.5 Miles CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2005 - AN ORDINANCE AMENDING CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE, TO ALLOW RELIGIOUS INSTITUTIONS USES IN THE INDUSTRIAL ZONING DISTRICTS (2004151) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment of City Code. Section 21560.09 of the Plymouth City Code I-1, Light Industrial District — Interim Uses) is hereby amended as follows: 21560.09. INTERIM USES: Subject to applicable provisions of this Chapter, the following are interim uses in the I-1 District and are governed by Section 21020 of this Chapter. Subd. 1. All interim uses as allowed in a C-5 District. (Amended by Ord. No. 2000-09, 03121100) Subd.2. Religious institutions such as churches, chapels, temples, s na o es, mosques 1united to worship and directly related social eventsprovided that: a) The use shall be located in a multi -tenant building, and shall not occupy more than twen 20percent of the gross floor area of such multi -tenant building. b The use shall comply with all building and fire codes. c The main site entrance and building entrance for the use shall not conflict with, or be in close proximity to heavy traffic areas or loadin ui-doadin areas for other uses in the multi -tenant building. d On-site Parking shall be provided pursuant to Section 21135 of the Zonin Ordinance. e) The use shall not include ancillary uses such as a daycare center, pre- school montessori school K through 12 school or similar ancillary uses nor shall the use include outdoor play areas. Except for parking, all operations relating to the use shall occur inside the building.. The applicant shall acknowledge that the proposed use lies in an industrial zoning district, and shall specify whether they accept the existing and potential ne ative effects on the use created by neighborinjz industrial uses. h) Unless expressly extended by the City Council, the term of the interim use permit shall not exceed three 3 ears from the date of approval. SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED by the City Council this ** day of ***, 2005. Judy A. Johnson, Mayor ATTEST: Sandra R. Paulson, City Clerk Agenda Number: j TO: Laurie Ahrens, City Manager FROM: Larry S. Jacobson, Finance Manager through Dale E. Ha , Director of r,;o Finance and Information Technology SUBJECT: 2004 Audited Comprehensive Annual Financial Report DATE: May 27, 2005 for Special City Council meeting June 14, 2005 1. PROPOSED ACTION: Meet with the auditors to review the results of the 2004 Audited Comprehensive Annual Financial Report in preparation to approve a resolution accepting the 2004 Audited Comprehensive Annual Financial Report at the council meeting. 2. BACKGROUND: The City annually contracts with an independent Certified Public Accounting firm to audit the City's Comprehensive Annual Financial Report. In June of 2003, the City Council reviewed the annual report for 2002 in a study session with the auditors. At that time, it was determined that the process of reviewing the audit results in a study a session would continue for subsequent years. As in prior years, the Council will review the audit in a study session, and place the acceptance of the audit on the consent agenda for the council meeting. The City Council Agenda item on this matter was distributed in the packets on June 3rd. Please refer to the items in that packet. It contained: Agenda Report 2004 Comprehensive Annual Financial Report Special Purpose Audit Reports on Single Audit, Internal Controls, and Compliance with Laws and Regulations — (Attachment 1) Management Report — (Attachment 2) Responses to Accounting and Reporting Comments — (Attachment 3) 3. DISCUSSION: Jim Eichten, Audit Partner, and Aaron Nielsen, Audit Manager, from Malloy, Montague, Kamowski, Radosevich & Co., P.A. will be at the June 14, 2005 study session and council meeting. They will present a brief management summary of significant items, additional discussion on the various reports and be available for questions. O:\Accounting\RESOLTNS\Ljacobson\Study session to review 2004 audit.doc