07/08/2009 P&Z Packet - Laserfiche WebLink

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Public, Educational, Religious in GB and LB page 2 vehicle parking space. If available, it's best that churches connect to municipal water to accommodate a fire suppression system for the building as well as water needs for groups of people. Wastewater treatment also is needed. Both the LB and GB districts currently allow private lodges and clubs as conditional uses. This would include a VFW or American Legion. The activities that occur at such lodges and clubs and the potential impacts on their surroundings are very similar to those of churches. Large or small groups of people assemble for various purposes— social events, meals, etc. They need parking, they generate traffic, they need water and wastewater treatment. The city's responsibility is to protect public health, safety, and welfare by anticipating and addressing the potential effects on the surroundings and the community as a whole. This is a legitimate public purpose in regulating land uses with a zoning ordinance. The exact nature or purpose for which people assemble within a building is not the concern, as long as it's a legal activity. Differences between the institutions— purposes, beliefs, or activities — aren't relevant. Religious Land Use and Institutionalized Persons Act of 2000 The "similarity of uses" concept is important in understanding the federal law that prohibits discrimination against churches. The Religious Land Use and Institutionalized Persons Act of 2000, known by the acronym RLUIPA, requires a city to treat religious uses such as churches the same as the city treats other similar uses. As discussed above, lodges and clubs are similar to churches in their activities and potential impacts. In fact, they have been found to be similar uses under this law in several court cases and therefore a city must regulate them equally. Zoning Requirements Standards for All Conditional Use Permits Section 2, Subd. 2.7. lists standards that apply to all conditional uses. These read: 7. Standards. The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: 1) Land Use Plan. 2) Transportation Plan. 3) Utility (Sewer and Water) Plans. 4) Local Water Management Plan. 5) Capital Improvement Plan. 6) Policy Plan. 7) Natural Environment Plan. so • •