1993-01-26 - Laserfiche WebLink

Home Browse Search

I I I Council Meeting Minutes January 26, 1993 Page 9 Council Business. continued Mr. Carson said the City feels the proposal is in conflict with the Comprehensive Plan. If so, it is not in conflict with the zoning code which amended to permit these uses. If there is a conflict, the law quotes it would decide in favor of the code. The supplemental document provides for health and safety issues, and the City can't simply say we don't want you there. It is not appropriate for the City to interject personal concerns, bias and financial economic allegations as proven concerns. The Church is committed to operate the Center at its highest level. Benke said the amendment does not allow churches and schools to be permitted B-3 uses, but clarifies criteria for which Council will evaluate. City Attorney LeFevere said that amendment established criteria followed by Council in deciding what uses to include to the permitted use list. However, it does not apply in this case, because the applicant originally came to Council requesting that a church and school use be added to the list of permitted uses under the Code. The code amendment clarified the position of churches and schools in a number of zoning districts throughout the city and they were added as a special use in a B-3 District. Benke commented that if the Church plans to solve the liquor license issue by elimination of that license, this strategy would remove one of the center's key attractions and threaten the future of the center. Mattila explained that his presentation did not highlight the three business centers as areas which would disallow churches or schools. The City is not trying to disallow such a use in commercial areas, but merely is protecting those commercial areas from a non-commercial use which would be detrimental and not compatiable. LeFevere said churches and schools are not permitted uses in the City's B-3 District. The Church plan is a special use which Council has found to be sometimes not appropriate in a B-3 District. Council is bound to evaluate criteria set forth in the ordinance. If neighbors are opposed to the use because it does not meet criteria, this is relevant to Council. The Church's recent changes were made in order to comply with the parking ordinance. Mr. Carson said the Church would install whatever safeguards Council requests to meet reasonable criteria and many issues can be worked out between the City and Church. Tim Dueck, Church Upon the Rock, said the letter is an offer in response to the Planning Commission resolution. It is not intended in anticipation of Council concerns and was designed to meet the needs of the church and school, code and parking requirements, and health, safety, and welfare issues. The Church's initial contact with the City was a year ago and felt the City was "stiff armed". The Church wants to convert a vast, empty center into one which meets the needs of the church and school, provide facilities to the community and attract commercial traffic. The Church received support from Lowell's Auto Supply and other area developers. The church will bring vital services to the community and insure tenants will remain viable with continued long term prosperity. Council Business Church Upon the Rock Special Permit Report 93-021