04-20-99 CCM - Laserfiche WebLink

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The Council reviewed the DRAFT ordinance and made the following modifications: Page 1, Subd. 2. Uses Allowed by Conditional Use Permit: Uses allowed herein by Conditional Use Permit that are in existence within the City at the effective date of this Ordinance may continue such use as a Permitted Use. Page 4, Subd 4. Accessory Uses and Structures: Uses and structures, which are clearly incidental and subordinate to the principal permitted, Page 5, Subd. 5. Minimum District Requirements: With Structure — 15 Acres Gross Area Page 9, d, Buffering: .... the owner shall provide the City with a financial security for a minimum of 24 months unless a shorter term of security is specifically approved by the City Council, M/S/P Dunn/DeLapp — to amend the DRAFT 4/8/99 PF Ordinance with modifications proposed. (Motion passed 5-0). City Planner Chuck Dillerud said that he counted ten public meetings at which the public was invited to bring up concerns about the ordinance since July 1998: 8 planning commission and 2 joint PZ/CC meetings. Modifications done after input from the public included: reducing the size of the buffer, elimination of conditional use standards as applied to existing churches, plus the four presented tonight. The general modifications made the PF ordinance less restrictive, consistent with testimony of most of the hearings. The current PF Ordinance is less stringent than other ordinances in the City. Of the 14 zoning districts, PF is the only one that doesn't have complete development standards. Other districts have maximum lot size such as in Ag and RR. Dillerud calculated 3,306 total existing PF acres in the City, of which 240 acres is zoned as church property. Administrator Kueffner pointed out that Mt. Zion Church went into the old Connco Shoes building which was zoned General Business confirming that churches are a Permitted Use in the General Business Zone. There was discussion on churches being defined. Council member DeLapp suggested substituting another term for churches to cover synagogues, mosques, and other religious structures. M/S/P Dunn/Armstrong — to change the term "churches" to "Places of Worship" in the Definition section of the code and wherever else it appears in the Code. (Motion passed 5-0). Council member Armstrong commented that people were given the chance to speak at earlier meetings. She also felt that a recent letter mailed to Lake Elmo residents from a group of area churches "went too far" in the group's accusing the Council of attempting to infringe on the rights of the people according to the Constitutions' First Amendment. Gordon Larson, 3052 Jamley Avenue N., felt the City was putting undue restrictions on churches. Guardian Angels church would not be able to build their complex on 22 acres. Why are churches in PF zoning? Barb Swanson, 11316 30`h St. N., asked if Lake Elmo would like to be compared to Russia and China, where freedom of religion is limited. If there were not churches, we wouldn't flourish. Churches return more than money. What we do in Lake Elmo will set a precedent for the state of Minnesota in approving or denying such an ordinance. Yvette Oldendorf, 5418 Lake Elmo Avenue N., thanked the Planning Commission for a job well done. Peter Beck, Doherty, Rumble & Butler, submitted a letter on behalf of six churches which own property in the City, indicating their concerns and comments on the proposed PF Ordinance. Beck said the ordinance is unconstitutional in part because 25 of the possible 26 public facility zones are already being used and grasping that 26 h site for a new church would be difficult and an infringement on people's freedom of religion. As he reads the General Business Zoning Ordinance, churches are not listed as permitted uses in the General Business Zone. The letter dated April 20, 1999, Peter Beck and Gregory Munson to the City Council are made part of the minutes. LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 1999 4