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HomeMy WebLinkAboutA002 - Council Aciton form dated June 25, 1996 ITEM#: 45- DATE: 06/25/96 COUNCIL ACTION FORM SUBJECT: MOTION TO APPROVE AN AMENDMENT TO THE PERMITTED USES IN THE C-C (CONCENTRATED COMMERCIAL) ZONING DISTRICT TO ALLOW A PLACE OF WORSHIP AS A PERMITTED USE. ACTION FORM SUMMARY: This is a request to add a "place of worship" as a permitted use in the C-C (Concentrated Commercial) zoning district. ,Approval of this amendment is recommended. BACKGROUND: A request was made to City Council by St. John's By The Campus Episcopal Church to include a "place of worship" as a permitted use in the C-C (Concentrated Commercial) zoning district. This church is planning an addition to their facility and the development of an expanded parking lot on the property, located to the south of the church. These activities would not be permitted by the Zoning Ordinance, since this church is located in the C-C zoning district, and since the permitted uses in the C-C zoning district do not include a "place of worship". The church itself is considered a legal nonconforming use, which may remain, however, a nonconforming use cannot be enlarged or extended to occupy a greater area of land than it occupied prior to becoming nonconforming as per Section 29.11(1)&(2) of the Zoning Ordinance. There are four established churches located in the C-C zoning district, and there are one or two others that have rented space in existing commercial buildings within the district. The Department has received inquiries from three of the four established churches about some type of expansion of their activities either on their current sites and/or on adjacent property. These expansions could not be permitted because a "place of worship" is not a permitted use in the C-C zoning district. The following is the Statement of Intent and the Permitted Use subsection for the C-C zoning district: "Sec.29.33. C-C, CONCENTRATED COMMERCIAL DISTRICT Statement of Intent. The district is intended to accommodate the Central Business District and Campustown Business District and provide for retailing, services, business and other facilities appropriate to commercial centers. It is also intended to accommodate, in the same areas the development of mixed land uses which allow the combination of commercial and residential uses in the same structure. (1) Permitted Uses. A building or premises shall be used only for the following purposes: All uses involving retailing, commercial services and products to the general public, wholesaling and warehousing in connection with retail and service businesses, and residential corrections facilities, located no closer 500 feet from another residential corrections facility or a supervised group home...." ANALYSIS: The issue that needs to be determined is whether a "place of worship" is an appropriate use within the C-C (Concentrated Commercial) zoning district. In the current Zoning Ordinance, a "place of worship" is only permitted within the A-1 (Agricultural) and the R1-10, R1-6, R-2, R2-7, R-3 and R-4, residential zoning districts. The S-R (Suburban Residential) and the R-5 (Mobile Home) districts, and all of the commercial and industrial zoning districts do not allow a "place of worship" as a permitted use. If it is concluded that a "place of worship" is an appropriate use within the C-C zoning district, then it should be determined whether there should be any additional restrictions placed on a "place of worship", such as limiting the applicability to existing places of worship, legally established prior to the adoption of the ordinance amendment, or requiring building setbacks or off-street parking for such uses. Note: the C-C zoning district has no building setbacks, and off-street parking is not required, except for residential uses. The inclusion of a "place of worship" as a permitted use in the C-C zoning district would be compatible with the other commercial uses allowed in the area, since it is not a disturbing or disruptive activity, and peak hours of activity are generally at times when the activity is the lowest for the commercial uses. There is good vehicular and transit access to the Downtown and Campustown areas, which are the only two areas in the community that are zoned C-C, and these areas are accessible for pedestrians from adjacent residential areas. Parking also is available in these areas on-street and in public parking lots that would serve to supplement any parking is provided by the "places of worship" themselves. The major negative aspect of allowing a "place of worship" as a permitted use is the possibility that needed commercial land will not be available for commercial purposes. However, because of the high cost of commercial land in these areas, it is unlikely that new "places of worship" will be built. The greatest likelihood is that there will be some expansion and upgrading of current facilities to keep them viable, and there may be some rental of existing commercial structures or parts thereof, particularly on upper floors, by congregations that are just getting started. The intent of the C-C zoning district is that the properties be intensely developed, therefore, it would be counter productive to require building setbacks for a "place of worship" when none are required for the commercial buildings in the area. Setbacks would only serve to further reduce the amount of developable land available in these areas. Building code requirements would serve to mitigate health and safety issues that are often associated with buildings being close together. 2 A requirement for off-street parking for a "place of worship" in the C-C zoning district is not necessary, since parking in this district is generally provided in public lots and on the street. In addition many of the activities of a "place of worship" take place at off peak times for the commercial area, resulting in higher amounts of parking being available. Also not having a parking requirement does not necessarily mean that some parking will not be provided by the "place of worship" in an off street parking lot. In summary, it can be concluded that a "place of worship" is a compatible use in the C- C (Concentrated Commercial) zoning district, it should not have a significant effect on the existing permitted uses in the area and on the availability of land for commercial activity in the Downtown and Campustown area, and no special setbacks or parking requirements are necessary, if a "place of worship" becomes a permitted use in the district. The proposed text change would read as follows: Sec. 29.23 (1) Permitted Uses. A building or premises shall be used for only the following purpose: All uses involving retailing, commercial services and products to the general public, wholesaling and warehousing in connection with retail and service businesses, [add: places of worship,] and residential corrections facilities,. . . . " RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: The Planning and Zoning Commission reviewed this request at their meeting of June 5, 1996 and recommended approval. ALTERNATIVES: 1 . The City Council can approve an amendment to Chapter 29 Section 29.23 (1) of the Municipal Code to add a "place of worship" as a permitted use in the C-C (Concentrated Commercial) zoning district. 2. The City council can deny the request to approve an amendment to Chapter 29 Section 29.23 (1) of the Municipal Code to add a "place of worship" as a permitted use in the C-C (Concentrated Commercial) zoning district. 3. The City Council can modify this request to approve an amendment to Chapter 29 Section 29.23 (1) of the Municipal Code to add a "place of worship" as a permitted use in the C-C (Concentrated Commercial) zoning district and approve it as modified. 3 _ f 4. The City Council can postpone action on this request and refer it back to City staff and/or the developer for additional information. RECOMMENDED ACTION: Adopt Alternative #1, which is an action to approve an amendment to the Permitted Uses in the C-C (Concentrated Commercial) zoning district to allow a "place of worship" as a permitted use. Attachment h\bpo\caf\cc.625 4