09-13-2012 Planning Comm. Minutes

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MINUTES PLANNING COMMISSION SEPTEMBER 13, 2012 ZONING CODE AMENDMENT - DEFINITION OF ASSEMBLY Motion carried 6 — 1. Murphy voted against. Again, Murphy stated that she did not feel the amendment was necessary given there are a lot of property owners in the community with boats and recreational vehicles. She felt there were other ways to clarify this matter, such as through a drawing, rather than a Zoning Ordinance amendment. The City Planner reported that over the past few months some conflicts have arisen over the proposed use of commercial or industrial facilities by religious groups. The concerns that cities are relative to this issue centers on economic development and job creation, tax base, and potential for incompatible patters of use in commercial or industrial areas. The Planner noted that this issue is complicated by the 2000 adoption of the Religious Land Use and Institutionalize Persons Act (RLUIPA) which states that no city may treat a religious use differently than a non- religious use when considering land use issues. The Planner noted that RLUIPA can be a problem to interpret as the 8th US Circuit Court District has not decided any cases on this issue which could then be used as guidance for cities relative to the limits of legitimate municipal regulation. The Planner noted that a common interpretation of RLUIPA impacts would be that since churches have large places of assembly, anywhere a city allows other uses with large assemblies, it must also allow churches. The typical example used is that of a movie theater. The Planner indicated that some cities have adopted a "hands off' approach to RLUIPA issues and allows churches in any areas where other public assemblies are allowed. Other cities have taken the approach that religious assemblies have many characteristics that are not common to other assembly uses. These include that churches attract a large crowd for a relatively short period of time, at distinct times of day or week, and includes other predominant uses such as office, classroom and open space activities. The land use impacts of these facilities have distinct traffic generation patters, utility needs, or public safety issues. The Planner noted that the City's Zoning Ordinance allows religious institutions in the Public /Semi - Public Zoning District along with schools, government facilities, and other similar uses. The Planner noted that the options for the City on this issue are limited, either add religious institutions to commercial districts, or redefine assembly uses and add "Public Assembly Uses" to the appropriate districts. If the later is chosen, the City could then strengthen its position by better defining religious institutions highlighting their distinguishing characteristics.