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Item No: 9C Meeting Date: April 26, 2004 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: Review Proposed PUD Amendment Regarding “Building N” in Mounds View Business Park Located at 5145 – 5151 Program Avenue Background: Bethlehem Baptist Church is requesting an amendment to the “Building N” Planned Unit Development (PUD) to add religious institution as a permitted use. Bethlehem Baptist Church (BBC) has a signed purchase agreement with Michael Investments, the current owner of “Building N”. The site is nearly seven acres and the existing building is 69,167 square feet. The site is within a larger PUD designated for office/flex use, with possible uses being office, laboratory, production, high tech assembly and storage. The City Council held a public hearing and reviewed this request at the April 12th meeting, directing staff to prepare a resolution of approval and to continue working with the church to better clarify its proposed contributions to the community of Mounds View. Staff met with church representatives on April 15th in an effort to address the Council’s desire for more information and on April 21st, we received amended documents from BBC as to their proposed plans. These documents are attached to this report for Council review and consideration, along with the original resolution and a new resolution that would approve the PUD amendment. Discussion: A number of issues were discussed at the April 12th meeting relating to this request that were addressed in Staff’s original report to Council, much of which is summarized in this report to the Council. Certain points such as zoning are highlighted in response to specific questions or comments from the April 12th meeting. Zoning. Religious institutions are not presently allowed on the property known as Building N, or anywhere else in this Planned Unit Development. The City Council’s intention when it created the district was to foster growth of office and industrial uses. While the City Council certainly has the discretion to amend the allowed uses on this site, it is under no obligation to do so. While it may be true that the church would cause little if any adverse impact upon this area and it may also be true that the conditions identified for churches in residential districts are satisfied here, these factors do not obligate an amendment. With any zoning case brought forward for consideration, the burden rests with the applicant to show compelling reason and justification to warrant the change. If the Council feels BBC has met this standard, the amendment can be approved. If the Council feels the zoning and permitted uses should remain unaltered, the amendment should be denied.