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HomeMy WebLinkAbout2009-004 Council Ordinances1St Reading: 7/ 27 / 2009 Publication: 8/16/2009 2nd Reading: 8/ 1 0/ 2 0 0 9 Effective: 8/ 1 7/ 2 0 0 9 Council Member Stoltz moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 04-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO AMEND THE LIMITED BUSINESS AND GENERAL BUSINESS DISTRICTS TO ALLOW PUBLIC, EDUCATIONAL, AND RELIGIOUS USES AS CONDITIONAL USES AND AMENDING SECTION 700 OF THE CITY CODE SO THAT THE REQUIRED DISTANCE FOR LIQUOR LICENSES SHALL NOT APPLY IF A SCHOOL OR CHURCH IS IN A LIMITED BUSINESS OR GENERAL BUSINESS ZONING DISTRICT Section 1 Findings 1. The Lino Lakes Zoning Ordinance allows public, educational, and religious buildings as conditional uses in the Rural and Residential zoning districts. 2. The Lino Lakes Zoning Ordinance allows private lodges and clubs as conditional uses in the Limited Business and General Business zoning districts. 3. 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. Lodges and clubs are similar to public, educational, and religious uses in their activities and potential impacts. 4. Section 2, Subdivision 1 o the Zoning Ordinance requires consideration of possible adverse effects of a proposed zoning amendment and that the judgment of a proposed amendment to the Zoning Ordinance shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. The Policy Plan chapter of the 2002 Comprehensive Plan lists the following policies that are relevant to the inclusion of institutional uses in business zones. Such policies support consistent requirements for similar uses in business zones. 3. Require commercial development in Lino Lakes to meet architectural performance standards which assure the creation of attractive, functional and durable structures. Different standards may be established for different areas. 8. Develop commercial and service centers as cohesive, highly interrelated units with adequate off-street parking. 9. Ensure that service and commercial uses are adequately and appropriately landscaped according to community requirements as may be amended. 10. Ensure that all service and commercial uses are adequately screened or buffered from any adjacent residential development. 17. In evaluating commercial sites, factors will be the physical implication of the commercial land use related to traffic generation, sewer and water demands, environmental issues and compatibility with neighboring land uses. In addition, the Land Use Plan chapter of the 2002 Comprehensive Plan lists the following strategies to be implemented to promote quality commercial areas. These strategies further support consistent requirements for similar uses in business zones. 1. The City will utilize its zoning regulations to define the range of commercial land use that may be appropriate for each proposed commercial location. Through its commercial site planning, the City will require new commercial development to be compatibly designed with surrounding land uses through the use of transitional land uses, proper setbacks, building orientation, screening and landscaping. 2. Site access will be controlled to provide safe traffic movement and to reduce the commercial traffic impacts on residential neighborhoods. 3. The City will promote commercial site designs that emphasize pedestrian accessibility, shared parking, and green space in an effort to create a customer friendly environment and promote a high level of business interchange among local businesses when feasible. 4. Architectural and site standards will be developed and applied to City commercial development in an effort to establish aesthetic pleasing, high quality commercial buildings and streetscapes where they apply. 5. Commercial development will be required to be responsive to the environmental concerns of the City with regard to site planning, landscaping, impervious surfacing, and storm water management. Ordinance No. 04-09, page 2 3. The proposed use conforms with all performance standards contained herein. Section 2, Subd. 1 includes criteria that must be met by all conditional uses. These will continue to apply equally to all conditional uses as will all other requirements in official controls that apply equally to all uses. Each zoning district includes specific conditional uses with conditions specific to the uses. With the amendments described herein, the standards in the zoning ordinance will address similar uses equally. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Utility demand and traffic generation will continue to be addressed with new and existing uses, as required by the subdivision, zoning, and other chapters of the city code and official controls. 5. Residential and rural districts are not typically planned with the infrastructure and other elements necessary to support higher intensity uses planned for in business districts. It is appropriate that some requirements in residential and rural zoning districts may be more restrictive than in business districts to protect the lower intensity residential and rural uses. 6. The Lino Lakes Planning & Zoning Board held a public hearing on the amendments on July 8, 2009, and recommended approval. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 7, Subdivisions 2 and 3 of the Zoning Ordinance are hereby amended as follows (deleted text in stfikeeut, added text in underline), and subsequent elements within the subdivisions shall be renumbered as appropriate: Section 7 Subd. 2 LB, Limited Business, and Subd. 3 GB, General Business E. Building Requirements. All newly constructed commercial buildings shall meet the exterior building standards of Section 3, Subd. 4.B.4 of this Ordinance Ordinance No. 04-09, page 3 H. Conditional Uses Private Lodges and Clubs a. Adequate screening from abutting and adjoining residential uses and landscaping is b. Adequate off street parking and access is provided and that such parking is adequately a. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in Section 3, Subd. 4.Q of this Ordinance. b. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance c. Parking is screened and landscaped in compliance with requirements for business or industrial uses in Section 3, Subd. 4.Q of this Ordinance. ed. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. Public, Educational, and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues provided that: a. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in Section 3, Subd. 4.Q of this Ordinance. b. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance c. Parking is screened and landscaped in compliance with requirements for business or industrial uses in Section 3, Subd. 4.Q of this Ordinance. d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. Ordinance No. 04-09, page 4 Section 3 Amendment of Chapter 700 of the City Code Regulating Liquor Licenses Approved The City Council of Lino Lakes ordains that Section 701.07 of the City Code is hereby amended as follows (added text in underline), § 701.07 PLACES INELIGIBLE FOR LICENSE. (1) General. No license shall be issued for any place of any business ineligible for a license under state law. (2) Delinquent taxes and charges. No license shall be granted for operation on any premises for which taxes, assessments or other financial claims of the city are delinquent and unpaid. (3) Distance from school or church. No license shall be granted within 1,000 feet of any school or within 1,000 feet of any church. The distance shall be measured from the main entrance of the school or church to the main entrance of the applicant's place of business. (a) For the purposes of the separation restriction in this division, a school is a building that is principally used as a place where 25 or more persons receive a full course of educational instruction and the educational instruction is provided on a daily basis by an established school board or church. This does not include any post -secondary or post -high school educational building, including any college or any vocational -technical college. Nor does the separation apply to a daycare or early childhood facility, where children typically are under constant supervision while at the facility and when traveling to and from the facility. (b) The establishment of a school or church within the separation distance after an original liquor license application has been granted shall not, in and of itself, render the premises ineligible for renewal of the license. (c) This separation distance restriction shall not be applicable if a school or church is located in a Limited Business or General Business zoning district. Section 4 Zoning Ordinance and City Code Stand As Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. As above amended, the City Code shall stand as initially passed and previously amended. Ordinance No. 04-09, page 5 Section 4 In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. ulianne Bartel Cit Jerk Y Adopted by the Lino Lakes City Council this 1 0 day of August , 2009. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member O' Donnell and upon a vote being taken thereon, the following voted in favor thereof: Stoltz, O'Donnell, Gallup, Bergeson The following voted against same: Reinert Whereupon said ordinance was declared duly passed and adopted. Ordinance No. 04-09, page 6 AGENDA ITEM 6 A i. and ii. STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: August 10, 2009 TOPIC: i. Second Reading, Ordinance No. 04-09 Zoning Ordinance Amendment: Amending General Business and Limited Business Zoning Districts to Allow Public, Educational, and Religious Buildings As Conditional Uses and City Code Amendment: Required Distance for Liquor License Shall Not Apply if School or Church Is in Limited Business or General Business Zoning District ii. Resolution 09-54, Approving Summary of Ordinance No. 04-09 For Publication ACTION: 3/5 vote on Ordinance No. 04-09 4/5 vote on Resolution No. 09-54 BACKGROUND The City Council approved the first reading of this ordinance on July 27. This is the second reading. Once adopted, all ordinances must be published in the official newspaper. However, state statute allows the City by a 4/5 vote to publish a summary of an ordinance as long as the summary clearly informs the public of the intent and effect of the ordinance. This saves on publication costs. Resolution No. 09-54 approves a summary of the ordinance. The zoning ordinance creates zoning districts to regulate the use of land and structures in the city. We have received an application to amend the zoning ordinance to allow churches in the GB district, which currently is not allowed. This led to examining other business districts and as well as other statutes that might be relevant. This research led to the recognition that under federal law, if similar uses are allowed in a zoning district, churches must be treated equally. In addition, the existing City Code regulations for liquor licenses creates a separation of 1000 feet between a liquor license location and a church or school. If a church or school locates in an LB or GB zone and this separation is applied, it would eliminate most of the city's commercial zones as locations for restaurants or other uses that need a liquor license. The application was submitted by a church planning to acquire the vacant site formerly owned by the VFW. However, it is important to recognize that the submitted application only includes Second Reading, Ordinance No. 04-09 and Resolution 09-54 page 2 amending the ordinance. The application does not include review of a church plan or of the conversion of a building into a church. A future application for a conditional use permit for a church on the site will be required. Approval of the currently requested ordinance amendment does not approve or imply approval of any future application that might be submitted. ANALYSIS Similar Uses in Zoning District A zoning district should allow similar uses that will not create land use conflicts. If a zoning district allow a use that is similar to a new one, it make sense to include the new one in that district. The similarities referred to are the general type of activity, as well as factors such as the traffic generation, parking, need for and impact on the city's utilities systems (water, sanitary sewer, and stormwater management), and potential impacts on other properties. In considering churches, it's useful to describe the general activities and impacts that coincide with churches. Generally, a church is a place of assembly where people congregate for various purposes. The group can be large or small and might participate in religious worship, weddings, pancake breakfasts, dinners, and other social activities. Churches generate traffic and need 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. In the years since its enactment, a number of court cases have been decided under RLUIPA which provide guidance for compliance with the law. As discussed above, lodges and clubs are similar to churches in their activities and potential Second Reading, Ordinance No. 04-09 and Resolution 09-54 page 3 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. In addition, the courts have decided that property tax revenue issues are not justifications for treating religious uses differently from similar uses. Amendments to Zoning Ordinance Staff conducted an analysis of the current zoning ordinance. Based on the analysis, which was detailed in the July 27 report, the zoning ordinance should be amended to accomplish the following: • Add Public, Educational, and Religious Buildings as conditional uses to the LB and GB zoning districts. • Setbacks must be consistent within the same zoning district for both categories: "Public, Educational, and Religious Buildings" and "Private Lodges and Clubs". The normal setbacks from residential districts in the LB and GB zoning districts should apply. • Delete the term "commercial" from building requirements paragraphs in LB and GB to clarify that all types of buildings are required to meet the requirements. • Clarify that a lodge or club and public/educational/religious building must meet the same screening requirements as business or industrial uses, as listed in Sec. 3, Subd. 4.Q • Clear up ambiguity for parking screening: to avoid confusion, use consistent language for requirements for lodge or club and public/ educational /religious. Amendment to Liquor Code The Lino Lakes City Code regulates liquor licenses in Chapter 700. It requires a separation of 1000 feet between a business getting a liquor license and a church or school. This is measured from front door to front door. The Code exempts some types of schools and the separation is not applied if the liquor license was granted before the church or school arrives. The business zoning districts are not huge in Lino Lakes, and many of them stretch along highway corridors. If a church or school locates in an LB or GB zone and the 1000 ft. distance is applied, it would eliminate most of the city's business zones as locations for restaurants or other uses that need a liquor license. This would prohibit many desirable businesses from locating in Lino Lakes. Since the business areas were established as locations for businesses, any church or school that locates in these areas should be expected to be coexist with the business uses. The business uses might include establishments with liquor licenses. Just as the property line setback distances for churches/schools and businesses should be equal, other regulations should be equal. Second Reading, Ordinance No. 04-09 and Resolution 09-54 page 4 Ordinance No. 04-09 includes amendments to the zoning ordinance that address the needed revisions and create the same conditions for similar categories of uses. Ordinance No. 04-09 also adds a clause to the liquor code that removes the distance requirement from schools and churches located in an LB or GB zoning district. The amendments include text to be added, shown as underlined, and text to be deleted, shown as strikeout. OPTIONS 1. Approve second reading of Ordinance No. 04-09 which: a) amends the zoning ordinance to allow public, education, and religious buildings in the LB and GB zones as conditional uses, and; b) amends the liquor code so that the 1000 ft. separation of a liquor license from a church or school does not apply if the church or school is in an LB or GB zone. 2. Approve Resolution 09-54, approving a summary of the ordinance for publication. 3. Return to staff with direction. RECOMMENDATION Options 1 and 2