05-05-21 Planning Commission - Laserfiche WebLink

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Page 4 of 5 The Applicant is requesting an amendment to the I-FLEX Zoning District to allow House of Worship as a Conditional Use. If the zoning change is approved, the applicant will submit a Conditional Use Permit application for the permitting of Grove Community Church (Everyday Church) at this site. Discussion The Planning Commission should consider RLUIPA: • Would the Religious Land Use and Institutionalized Persons Act (RLUIPA) allow the applicant to mount a serious challenge to the City’s denial of their application? • RLUIPA prohibits a government from imposing a land use regulation in a way that substantially burdens the religious exercise of a religious assembly unless the government can show that the burden: o is in furtherance of a compelling governmental interest; and o is the least restrictive means of furthering that compelling governmental interest.” Further, a government also may not impose a land use regulation in a manner that treats a religious assembly on less than equal terms with a nonreligious assembly. The proposed amendments have been provided in Attachments B and C. The City Attorney has reviewed and approved the proposed changes. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. The City of Arden Hills is proposing amendments to the language of Chapter 13 – Zoning Code of the City Code. 2. The Subject Property is located in the I-FLEX Zoning District. 3. Under City Code Section 1320.05, Houses of Worship are not allowed in the I-FLEX District. 4. The City is proposing to alter Section 1320.05 to allow Houses of Worship as a Conditional Use in the I-FLEX District. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 6. If this amendment is approved, the Applicant will submit a Conditional Use Permit application for the permitting of Grove Community Church (Everyday Church) at the Subject Property. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial.