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HomeMy WebLinkAbout8.a. Consideration of motion to rescind actions of September 15, 2015 relating to Minnesota Education Trust application for a Comprehensive Plan Amendment and Conditional Use Permit for a church/place or worship at 15400 South Robert Trail and initiate468963vMDT RS215-1 EXECUTIVE SUMMARY City Council Meeting: October 6, 2015 AGENDA ITEM: Consideration of motions to rescind actions of September 15, 2015 relating to Minnesota Education Trust applications for a Comprehensive Plan Amendment and Conditional Use Permit for a church/place or worship at 15400 South Robert Trail and initiate rezoning back to Commercial. (Requested by Council member Nelson). AGENDA SECTION: Old Business PREPARED BY: Kim Lindquist, Community Development Director AGENDA NO. 8.a. ATTACHMENTS: Excerpt Draft Minutes from City Council Meeting September 15, 2015, Published Zoning Amendment, September 15, 2015 City Council Staff Report APPROVED BY: ddj RECOMMENDED ACTION: SUMMARY Councilmember Nelson has requested that the Council review the decision made on September 15, 2015 regarding the actions taken to permit a church/place of worship at 15400 South Robert Trail. The approved applications were for a Comprehensive Plan amendment to Business Park, zoning text amendment to Business Park, and a conditional use permit for “Churches and places of worship. Churches and places of worship must have direct access to or be within three hundred feet (300') of a collector, minor arterial, or principal arterial road.” In discussions with the City Attorney, should the Council wish to change the outcome of the September vote, the Council, by simple majority can vote to rescind the September 15 motion to reguide the property from RC-Regional Commercial to BP-Business Park. The Council would also need to vote to rescind the approval of the Conditional Use Permit for a Place of Worship. If both of those motions pass, the Council should direct staff to initiate a rezoning of the property from Business Park to C-4, General Commercial. The rezoning approved in September has been published and is now in effect. Councilmembers should only vote to rescind the motions if members want to deny the approvals necessary for the place of worship use. If the Council is interested in now denying the applications, at the meeting on October 6, 2015, the Council should state clearly their reasons for denial. These will be incorporated into a resolution for denial which would be scheduled for October 20, 2015. In order to have enough time to adequately process these changes, the Council should approve a motion to extend the 60-day review period and direct staff to send a letter to the applicant notifying it of the extension and the reasons for the extension. 468963vMDT RS215-1 2 Based upon information from the City Attorney, if the Council wishes to rescind and now deny the prior approvals, the Council’s action should be based on new information relating to the impact of the land use or the new zoning or guiding classifications. The previous applications went through the normal and legally required process, including appropriate notifications and a public hearing was held. Therefore, the public previously had an opportunity to voice its concerns about the project. Further, should the Council decide to discuss the item, it would be considered a business item, not a public hearing. There is no requirement to take public testimony, although the Council may choose to do so. Should members of the Council choose to not discuss this item a member can make a motion to remove this item from the agenda, during the “approval of agenda” portion of the meeting. Removal of the item on the agenda also requires a simple majority. RECOMMENDATION The item is to rescind the previous approval of the MET applications for a place of worship at 15400 South Robert Trail. In September the three applications were all approved on a 4-1 vote. Councilmember Nelson, the dissenting vote, has requested this item be placed on the agenda. Should the Council determine they would like to rescind the votes, and rezone the property, Councilmembers must be careful to articulate their reasons for denial. Staff is on record supporting the applications for the reasons identified in the staff reports. The Planning Commission has also recommended approval of the requests. EXCERPT OF DRAFT MINUTES CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 2015 9.d. Minnesota Education Trust Comprehensive Plan Amendment, Rezoning and Conditional Use Permit applications to allow establishment of a church/place of worship. Community Development Director Lindquist provided a summary of the staff report regarding the application. The current Commercial zoning would not allow for a place of worship, so the applicant is applying for a Rezoning to BP - Business Park. This would also require reguiding of the property from Regional Commercial to Business Park use, which is consistent with adjacent land uses. Council member Weisensel inquired about the SUGAR study and whether there was any discussion in that report about the business use. He also inquired the reason for the original classification as Regional Commercial. Ms. Lindquist stated there was discussion, and speculated that the choice was based on how to accommodate the placement of auto uses. Council member DeBettignies, who served on the SUGAR committee, stated the choice of commercial zoning was to tie the property to the commercial property across Highway 3. Council member DeBettignies inquired if the Met Council would have any issues with the change. Ms. Council member Demuth inquired about the size of the building. Ms. Lindquist stated that it was approximately 22,891 square feet. Ms. Demuth stated that the layout of the building looks like a school, which would not be allowed, and wondered how the city would police that. Ms. Lindquist stated that is a stated the city would probably find out due to increased activity. Council member Weisensel inquired about Condition 8 regarding lighting; is that current standard from the Business Park or Commercial zoning. Ms. Lindquist stated that is the Business Park standard. Council member Nelson commented that a similar change was brought to question. Council member Demuth asked about the loss of tax revenue, due to the fact it is a church. Ms. Lindquist did not know the exact taxes paid. Mayor Droste pointed out the loss in tax revenue would occur if the church were in a residential zone, as well, and asked Finance Director May to comment on the difference between commercial and residential tax rates. Mr. May responded the tax rate is the same, but the way it is applied to commercial is different. Council member DeBettignies asked about the change; Commercial to Business Park to allow for a church, but a school would not be allowed. Council member DeBettignies asked the applicant if they planned to establish a play area outside and wondered if there were plans to mitigate access to the railroad by children. Mr. Rahman, president of MN Education Trust, stated there are no plans for outdoor activities, but safety would be a concern if they did. Motion to adopt a resolution approving a Comprehensive Plan Amendment changing the land use designation of the property located at 15400 South Robert Trail from RC Regional Commercial to BP Business Park, subject to approval of the Comprehensive Plan Amendment by the Metropolitan Council. Motion by Weisensel. Second by Droste. Ayes: DeBettignies, Droste, Weisensel, Demuth Nays: Nelson. Motion carried. Motion to adopt an ordinance approving rezoning the property at 15400 South Robert Trail from C-4, General Commercial to BP-Business Park. Motion by Weisensel. Second by DeBettignies. Ayes: DeBettignies, Droste, Weisensel, Demuth Nays: Nelson. Motion carried. Motion to adopt a resolution approving conditional use permit (CUP) for 15400 South Robert Trail to allow establishment of a church/place of worship, subject to the conditions. Motion by DeBettignies. Second by Weisensel. Ayes: DeBettignies, Droste, Weisensel, Demuth Nays: Nelson. Motion carried. ExhibitA Exh