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To: <br />From: <br />Date: <br />Subject: <br />Chair H uxsti and Planning Commissioners <br />Michael I*. Gaffron. Planning DireclQi^^^lf^ <br />June 14.2001 <br />#01-2676 Bay wind Church • Amendment of B-4 District - Council Reque>: for <br />Recommendation on Performance Standards <br />Lbl of Exhibits <br />A • Memo and Selected Exhibits of 6/6/01 <br />B • Letter of 60-Day Review Extension <br />C - Excerpts from ”Advanced Zoning Applications W’orkshop" rc: Conditional L'ses <br />D - Excerpts from Cit> of Minnetonka Zoning Code <br />E - Selected Maps of B-4 District <br />Summary <br />Bayw inds Church was successful in their request that the Council review this application on June <br />11 absent a formal Planning Commission recommendation. On June 11 Council reconxcr.eJ the <br />public hearing begun at the Planning Commission, took public comments, and closed the hearing. <br />After much discussion. Council voted 5-0 to conceptually approve the addition of "Churches" as <br />a Conditional Use in the B-4 Office and Professional Business District, directing that the P'o.".ning <br />Commission make a recommendation regarding appropriate performance standards for that use. <br />and directing staff to bring back an Ordinance for adoption on June 25. <br />Conditional Uses in General <br />Please review Exhibit C for a quick refresher course on the do ‘s and don'ts of Conditional I .mts. The <br />practical definition of a "conditional use" is a rvrmitted use to which reasonable condition? mav be <br />attached based upon factual evidence contained in the public record . Approval of a Conditional Use <br />Pemiit is essentially an administrative function, i.e. the review process is a formal confirmatton that <br />the code-specified standards arc met. The CUP review prov ides an opportunity to place conditions <br />on the use that will mitigate anticipated adverse impacts of the use. to protect the value of other <br />property wiiliin the district, and to achieve the goals and objectives of the Comprehensive Plan. <br />Denial of a CUP for an allowed conditional use can only occur if it can be shown that the proposed <br />use does not comply with the standards required in the Zoning Code. A CUP must be issued for the <br />use. not for a particular user; the CUP runs with the land, and regardless of the owner, if the <br />conditions are Kring met, the permit remains valid. <br />Performance Standards <br />A given conditional use may be deemed appropriate within a given zoning district onl> under <br />specific conditions and when certain standai^s arc met. These specific perfonnanee standards are