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2 <br />4 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />�ity Council Regular Meeting Minutes <br />June 12, 2012 <br />Page 2 <br />None. <br />IV. REPORTS FROM COMMISSION AND STAFF (JACQUELINE CORKLE, INTERIM <br />CITY PLANNER, PRESENTING). <br />A. Resolution 12-052; Accepting the Results of the Study regardinw, Regulation of <br />Assemblies. Meeting Lodges, and Convention Halls. <br />Interim City Planner Corkle presented the results of the study recently commissioned by the City <br />Council with respect to regulation of assemblies, meeting lodges, and convention halls and the <br />proposed recommendation to accept the findings of the study and adopt Option Three. She <br />provided background information regarding the study and reviewed the six -fold study purpose. <br />She then reviewed key findings of the study, noting that places of worship do not fit the type of <br />use allowed in non-residential districts. She stated the City must be cognizant of the Religious <br />Land Use and Institutionalized Persons Act (RLUIPA) which means a religious assembly or <br />institution must be treated as well as comparable secular institutions. She discussed the three <br />options available to the City stating the study recommends adopting Option Three which allows <br />all assembly use in Commercial (C) districts but eliminates assembly use from the Light <br />Industrial (LI) district, clarifies the definition of assembly, allows all assemblies to be treated <br />equally, and preserves the LI district for industry oriented development. <br />Councilmember Stille stated he was hopeful that people understood why the City Council needed <br />to take the time to fully examine this issue. He stated the report was very thorough and <br />thoughtful and he appreciated Interim City Planner Corkle's tutelage. He asked what would <br />happen if the City Code did not contain any regulation of assembly. <br />Interim City Planner Corkle advised the City Code currently contains regulation of assembly and <br />the City Council has to decide how it wants to define assembly in the future, consistent with <br />RLUIPA and other Federal rules. <br />Councilmember Roth asked if a vacated retail establishment in a PUD could be turned into a <br />religious space of any type. <br />Interim City Planner Corkle explained that generally, a PUD incorporates the types of use in the <br />PUD if it is an allowed use in that zoning district unless there was some discussion to exclude <br />certain types of uses within a particular PUD, e.g., religious uses are CUPS and the City may <br />exclude certain types of uses within an PUD -if the City Council feels the use is inappropriate. <br />Mayor Faust clarified that one of the goals of the study is to "respect the current applicant's <br />interests in receiving a reasonable and timely decision regarding the pending application," as <br />noted on page 3 of the formal study document. <br />Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution <br />12-052; Accepting Findings from a Study for the Purpose of Considering Amendments to the <br />City Zoning Code Regarding the Regulation of Assemblies, Meeting Lodges, and Convention <br />Halls and Directing Staff to Pursue Option Three Outlined in Said Study. <br />