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I I I Council Meeting Minutes January 26, 1993 Page 8 Council Business. continued Mattila said that when a non-commercial use is placed in the midst of an existing commercial node, it disrupts and distracts from its ability to attract commerce. In the case of Church Upon the Rock, this is a use which attracts patrons on Sunday mornings, Wednesday evenings, and in the case of the school - weekday mornings and afternoons. However, this is not a constant flow of traffic that would normally occur if that 40,000 sQ. ft. was filled with more complimentary tenants. The impact would be negative on the existing commercial tenants and residential property owners. On January 22, the applicant submitted an amended application which reduced the number of church auditorium seating from 750 to 650, because of that adjustment the applicant complies with the parking ordinance. Also included in the amendment was that Meadowwood Park would not be used for school recreational activities and the existing liquor license establishment would be eliminated. This would essentially remove three of the four technical concerns of staff and Planning Commission. Because of that amended application, Council may wish to direct staff to prepare an updated resolution reflecting the amended application. Jeff Carson, Church Upon the Rock, said the information submitted was not intended to be a new application, but attempts to meet all reasonable concerns the City has raised. Those concerns relate to health, safety, and welfare. The Church believes the information supplied to the Planning Commission proves there is no real parking problem on a daily basis. The new information includes the revision of parking spaces needed, addresses the access issue on the west side of the school, proposes to safeguard students on the east side of the center, and removes the liquor license. In Mr. Carson's perception, the staff, Planning Commission and residents overwhelming suggests to the City to select a certain type of business over another to locate in this center. Mr. Carson stated case law that when an ordinance expressively authorizes a proposed use by special permit, the City's denial of the permit must be for reasons relating to public health, safety and welfare or else the decision will be found arbitrary. The zoning ordinance standards must be applied and determined as to whether to grant a conditional or special use permit. The denial must be based on something more concrete than neighborhood opposition and expression of concern for public safety and welfare. When the City designates a special use as permissible, the City excised its discretion and determined that the permitted use is consistent with public health, safety and general welfare and with its goals of the Comprehensive Plan. The City Zoning Code amendment adopted in November 1992 specifically installed churches and schools as special uses in a B-3 district. A portion of the Minnesota State Statutes states that when the Comprehensive Municipal Plan is in conflict with the zoning ordinance, that the zoning ordinance supersedes the plan. Council Business Church Upon the Rock Special Permit Report 93-021