CC RES 12-053 RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR RELIGIOU ASSEMBLY AT 3055 OLF HIGHWAY 8

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WHEREAS, the Study concludes that the term"assembly" as used in the Zoning Code was not intended to include places of religious worship; and WHEREAS,the Study concludes that the City did not intend places of religious assembly to exist as conditional uses within the City's commercial and light industrial zoning districts, which are the primary economic centers of the City but comprise a limited area of the City's available space; and WHEREAS, the Study concludes that religious assembly uses best belong integrated into the residential zoning districts, which comprise the majority of the City's available space; and WHEREAS, the Study recommends not allowing places of religious or non- religious assembly within the light industrial zoning district because allowing any assembly use within the light industrial zoning district would counteract City planning and economic development goals; and WHEREAS, the Study recommends allowing religious and non-religious assembly uses within the commercial zoning district as a means of offering a reasonable non-residential alternative for all types of assemblies (religious and non-religious) to find space within the City; and WHEREAS, amendments to the City's Zoning Code are required to accomplish the Study's recommendations; and WHEREAS, the City Council has adopted and approved the Study and its recommendations, including amendments to the City's Zoning Code; and WHEREAS, consistent with the Study's findings and recommendations, the City Council has directed City staff to prepare a text amendment to the City Zoning Code to eliminate all assembly uses within the light industrial zoning district and permit all assembly uses in the commercial zoning district; and WHEREAS, the Applicant's CUP is not consistent with the current and proposed amended City Zoning Code, is not consistent with prior City Council actions as noted above, and is not consistent with the recommendations of the Study; and WHEREAS, under Minnesota Statutes section 15.99, the City Council is required to take action to approve or deny the Applicant's CUP request on or before June 12, 2012. NOW, THEREFORE, BE IT RESOLVED that based on the findings and recommendations stated above, the City Council denies the Applicant's request for a Conditional Use Permit for the religious assembly use on the Property.