10-10-01 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 10, 2001 Fahey stated that he is struggling with the rezoning request, because he is convinced that the church is well intentioned. However, the fact that Knox is closing provides an opportunity for the City. Fahey also stated that he has no intentions of allowing this property to remain B-W, and suggested that a moratorium be called this evening on development in the B-W District to allow the City an opportunity to study the issue and come back with a rezoning proposal. Fahey felt it would be shortsighted on the part of the City if this property remained B-W. Fahey acknowledged the church's offer to make a payment in lieu of taxes, but noted that in the future there would be no real basis for continuing to accept such a payment from the church when it would not be required of other churches in the City. Daniels stated that the church is willing to enter into along-term agreement with the City on a payment in lieu of taxes. The proposal to lease a portion of the property for outdoor storage is just an example of how the church could raise the revenue. There may be other options that could be explored. Mr. Raush, representing the church, noted that the B-W Zoning District allows theaters and sports health clubs, as do the City's Industrial Zoning Districts. Raush suggested that the church usage was similar. Raush stated that but for the tax issue, the church use would be a permitted use. Fahey stated that the primary concern is not of taxes, but the natural outcome of saying that the zoning is appropriate and that the church is the best use of the land given the surrounding uses. Raush pointed out that there is a Federal Statute that impacts these decisions. The City Attorney noted the City Administrator's and City Planner's memo dated October 5, 2001. Fahey asked if the property were rezoned to Industrial PUD if that would preclude a large outdoor storage user. The City Planner indicated that under a PUD zoning the City would write a PUD ordinance that could contain whatever restrictions desired. The City Administrator agreed that if the rezoning to Public is denied, the appropriate action would be to declare a moratorium to allow the City to study the related zoning districts and what uses are appropriate in the B-W as well as Industrial ,Districts.