HomeMy WebLinkAbout#20 - River Valley Church Conditional Use Permit STAFF REPORT
DATE: 9/18/2018
REGULAR
ITEM #: 20
MOTION
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Conditional Use Permit for River Valley Church
REVIEWED BY: Ben Prchal, City Planner
BACKGROUND:
The City has received an application for a conditional use permit to allow the expansion of a non-
conforming use of a place of worship within the Public and Quasi-Public Open Space. River Valley
Church is non-conforming in that there is no conditional use permit for the property, and places of
worship are conditional uses in the Public and Quasi-Public Open Space district in which the subject
property is located.
ISSUE BEFORE COUNCIL:
The Planning Commission is being asked to consider the request for approval of the conditional use
permit for River Valley Church.
PROPOSAL DETAILS/ANALYSIS:
Applicants: River Valley Christian Church, 5900 Lake Elmo Avenue North, Lake Elmo,
MN 55042
Property Owners: River Valley Christian Church, 5900 Lake Elmo Avenue North, Lake Elmo,
MN 55042
Location: PART NE1/4-NE1/4 BEING E 787FT OF N 657.77FT OF NE1/4-NE1/4
MEAS AT RT ANG TO E & N LINES OF SD NE1/4-NE1/4
RESPECTIVELY SUBJ TO EASE SECTION 02 TOWNSHIP 029 RANGE
021, PID# 02.029.21.11.0002
Request: Conditional Use Permit for a place of worship
Council Meeting 9/18/2018 Item #20
Page 2
Existing Land Use: Place of worship
Existing Zoning: PF – Public and Quasi-Public Open Space
Surrounding Land
Use / Zoning:
North – Hwy 36 and Grant; South – Discover Crossing with outlot directory to
the south (Rural Residential); East – Agricultural; West – Discover Crossing
outlot (Rural Residential)
Comprehensive
Plan Guidance:
Public/Park
History: The City approved a Site and Plan review for the church in April of 1996, and
the church was built in the same year with approval of Case No. PR/96-11. In
2003, the City approved a site plan and variance for the church in order to
allow a parking lot expansion which did not meet the minimum buffer
requirement for properties of such size within the Public and Quasi Public
zoning district of 100 feet (the proposed parking lot was 50 feet from the south
of the property line and the existing parking lot was 30 feet from the southern
property line) with Resolution 2003-096
Deadline(s) for
Action:
Application Complete – 8/23/2018
60 Day Deadline – 10/22/2018
Extension Letter Mailed – No
120 Day Deadline – N/A
Applicable
Regulations:
§154.210 – Off-Street Parking
Article XIV: Public and Semi-Public Districts
Request. A place of worship is a conditional use in the Public and Quasi-Public Open Space district.
River Valley Church received a Site Plan approval for the church in 1996 as previously mentioned in this
report, but a conditional use permit was never obtained, as the use was considered permitted at that time.
The Public and Quasi-Public Open Space ordinance was adopted in September of 2000, and this
ordinance required conditional use permits for places of worship and set forth certain standards for such a
use as well as other district requirements that are in place today. A variance and site plan review was then
approved in 2003, but Staff at that time never required that the use obtain a conditional use permit.
Because the property does not have a conditional use permit as is required by the Zoning Code, the use is
considered legal non-conforming. The City’s ordinance states that the lawful use of a building or structure
may continue, but that the continuation of the non-conforming use does not include expansion. Since the
applicant is requesting expansion of the non-conforming use, a conditional use permit must be obtained in
order to bring the property in to compliance.
Council Meeting 9/18/2018 Item #20
Page 3
Use on Proposed Site. The 2,582 square foot addition to the existing church will add an education space.
This is considered accessory to the church. There will also be a new sidewalk and stoop added. There are
three to four staff in the building. Church hours are 9am to 5pm Monday through Friday and 8am to 6pm
on Sunday with services beginning at 9:30am, and there are Wednesday meetings until 9pm.
Setback and Impervious Surface Requirements. The following table outlines how the proposed use
adheres to the setback and impervious surface requirements of the Public and Quasi-Public Open Space
District. The parking lot does not meet the minimum buffer requirement but was granted a variance, as
previously mentioned, in order to do so.
Public and Quasi Public Open Space Zoning Standards
Standard Required Proposed
Maximum Parcel Area 20 acres 11.88 acres (6.1 acre site excluding
ROW easement)
Lot Width – Minimum 100 feet Approximately 660 feet
Lot Depth – Minimum 150 feet Approximately 782 feet
Maximum Height 50 feet Approximately 39 feet
Maximum Impervious Coverage 35% 22.3%
Front Yard Setback – Building 100 feet buffer Approximately 409 feet
Interior Side Yard Setback – Building 100 feet buffer Approximately 144 feet
Rear Yard Setback - Building 100 feet buffer Approximately 463 feet
Parking Lot Setback 100 foot buffer 30 feet (variance previously
granted)
Standards for Places of Worship within the Public and Quasi-Public Zoning District. The following
outlines standards for places of worship as outlined in the Public and Quasi-Public zoning district.
a. Direct access is provided to a public street classified by the Comprehensive Plan as major
collector or arterial;
• Staff Comment. The site has direct access to Lake Elmo Avenue North (CSAH 17),
which is a major collector as classified by the Comprehensive Plan.
b. No use may exceed 235 gallons wastewater generation per day per net acre of land;
• Staff Comment. It is unknown how much wastewater is generated, but it is assumed
that there is no more than 235 gallons being generated.
c. No on-site sewer system shall be designed to handle more than 5,000 gallons per day;
• Staff Comment. The drainfield area is 8800 square feet and is existing.
d. Exterior athletic fields shall not include spectator seating, public address facilities or lighting;
• Staff Comment. There are to exterior athletic fields.
e. No freestanding broadcast or telecast antennas are permitted. No broadcast dish or antenna
shall extend more than 6 feet above or beyond the principal structure.
• Staff Comment. There are no broadcast or telecast antennas, existing or proposed.
Parking Lot Requirements
Council Meeting 9/18/2018 Item #20
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Access to Parking Spaces. The parking spaces are accessed by Lake Elmo Avenue North (CSAH 17)
and have safe and efficient means of vehicular access to the parking space.
Maneuvering Area. There is sufficient space to maneuver the parking lot so that cars do not need to
back in to the street.
Surfacing and Drainage. The majority of the parking lot is paved with a durable surface. A portion of
the parking lot is gravel, however, this is an existing condition and was approved with the Site Plan
Review process approved by PR/96-11 and Resolution 2003-096.
Marking of Parking Spaces. Parking areas containing five or more spaces are required to be marked
with painted lines at least four inches wide. The existing parking lot meets this requirement except for
the gravel portion of the parking lot.
Curbing. Open off-street parking areas designed to have head-in parking along the property line shall
provide a bumper curb or barrier of normal height. The existing parking lot meets this requirement
except for the gravel portion of the parking lot.
Accessible Parking. The existing number of parking spaces is 129, of these, five are handicap –
accessible, which meets the Americans with Disabilities Act (ADA) requirements.
Number of Parking Spaces. The City’s parking requirements requires one space per six seats. The are
368 seats within the church, and so only 21 spaces would be required, though the applicant has
provided 129. This requirement is met.
Parking Lot Screening Standards
Interior Parking Lot Landscaping. At least 5% of the parking lot is devoted to islands or corner
planting beds as is required per the City’s interior parking lot landscaping standards. Additionally, the
number of trees required to be provided within these interior islands and corner beds is not met, as
nine are required and there are ten existing.
Perimeter Parking Lot Landscaping.
Council Meeting 9/18/2018 Item #20
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o Frontage Strip. A well-over five-foot wide frontage strip is provided between the parking area
and street. There is also screening provided of the portion of the parking lot along Lake Elmo
Avenue as shown below:
Landscape Plans. The applicant has submitted landscape plans showing the existing landscaping on the
property. Since the site has already undergone a site plan review approved by the City, Staff does not
recommend that the City review or require additional landscaping on the property.
Septic Drainfield. The existing drainfield is to the east of the existing building, and the proposed addition
will not affect the drainfield. Staff has reached out to Washington County Public Health and Environment
and has indicated that the system would need to be inspected and assessed by a Licensed Advanced SSTS
Inspector to see if it can accommodate the additional wastewater flow generated by the additional classroom
occupants. This person would calculate the additional flow, review the system and design, and based on
that present an opinion on whether it could accommodate the flow.
Architectural Standards within the Public and Quasi-Public Open Space. The addition results in an
increase of gross floor area of less than 100% and so is not subject to the Performance Standards set forth
in Section 154.600 of the Zoning Code.
City Engineer Review. The City Engineer’s review memo is attached to this report:
• The grading plan needs to be to scale and corrected and resubmitted for approval.
• No additional stormwater management is needed for the expansion.
• The memo states that a WAC determination should be made if the property is connected to City
water, but based on their lack of a utility account, Staff has determined this is not necessary.
• A Washington County inspection compliance report should be submitted for the existing on-site
wastewater system, and a wastewater management plan should be approved by Washington County
to serve the building expansion if required.
Council Meeting 9/18/2018 Item #20
Page 6
Planning Commission Review. The Planning Commission held a public hearing and reviewed the request
for a conditional use permit at its September 10, 2018 meeting. The Planning Commission added the
condition that the plans must address the comments outlined in the City Engineer review memo regarding
the request dated August 27, 2018. The Commission recommended approval of the conditional use permit
7-0.
Recommendation Findings. Staff recommends the following findings:
1. The proposed use will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city. The use will not
be detrimental or in any way endanger the public health, safety, comfort
2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The
property is guided for Public/Park, in which a place of worship is a conditional use.
3. The use or development is compatible with the existing neighborhood. The use is
compatible with the existing neighborhood and has been in existence since 1996.
4. The proposed use meets all specific development standards for such use listed in Article 7
of this Chapter. The use meets all specific development standards for such use as listed
in Section 154.600L Public and Quasi-Public Open Space.
5. If the proposed use is in a flood plain management or shoreland area, the proposed use
meets all the specific standards for such use listed in Chapter 150, §150.250 through
150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The
property is located outside the 0.2% annual chance floodplain and shoreland area.
6. The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area. The use is compatible in
appearance with the existing and intended character of the general vicinity and will not
change the essential character of the area, as it has existed for over twenty years.
7. The proposed use will not be hazardous or create a nuisance as defined under this
Chapter to existing or future neighboring structures. The use will not be hazardous or
create a nuisance.
8. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
The use will be adequately served by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and sewer
systems and schools.
9. The proposed use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of the
community. The use will not create excessive additional requirements at public cost nor
will it be detrimental to the economic welfare of the community.
10. The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
Council Meeting 9/18/2018 Item #20
Page 7
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
The use will not excessively produce traffic, noise, smoke, fumes, glare or odors.
11. Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares. Vehicular approaches to the
property will not create and have not created traffic congestion or interfere with traffic.
Traffic is limited to certain times and days of the weeks.
12. The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. N/A
Recommended Conditions of Approval. If the Council wishes to recommend approval, staff recommends
the following conditions:
1) The applicant must obtain all other necessary City, State, and other governing body permits and
approvals prior to the commencement of any construction activity on the parcel including but not
limited to a revised grading plan and building permit.
2) All items outlined by the City Engineer in the memorandum addressing the River Valley
Christian Church Conditional Use Permit dated August 27, 2018 shall be incorporated into
these documents before they are approved.
3) The applicant must provide written documentation demonstrating adequate wastewater
management facilities exist or are proposed to serve the expanded building use. This should include
either a Washington County inspection compliance report for the existing on-site wastewater
system or a wastewater management plan approved by Washington County to serve the proposed
expansion if required.
FISCAL IMPACT:
None
OPTIONS:
The Council may:
• Approve the Conditional Use Permit with recommended findings and conditions of approval.
• Approve the Conditional Use Permit with amended findings and conditions of approval.
• Deny the Conditional Use Permit, citing findings for denial.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of the River Valley Christian Church Conditional
Use Permit:
“Move to adopt Resolution 2018-110 approving the River Valley Church Conditional Use Permit with
recommended findings and conditions of approval as drafted by Staff.”
ATTACHMENTS:
Council Meeting 9/18/2018 Item #20
Page 8
• Application and Narrative
• Plans
• City Engineer Review Memo dated August 27, 2018
• Resolution 2018-110 approving the River Valley Church Conditional Use Permit
PAGE 1 of 1
MEMORANDUM
Date: August 27, 2018
To: Emily Becker, Planning Director Re: River Valley Church Addition
Cc: Mike Bent, Building Official Engineering Site Plan Review
Rob Weldon, Public Works Director
Chad Isakson, Assistant City Engineer
From: Jack Griffin, P.E., City Engineer
A Site Plan engineering review has been completed for the River Valley Church Addition located at 5900 Lake Elmo
Avenue at the intersection of Lake Elmo Avenue and Trunk Highway 36. The submittal consisted of the following
documentation prepared by Out of the Box Architecture, received on August 27, 2018:
River Valley Church Education Center Plans, A0‐A3, L1, dated August 23, 2018.
Engineering review comments are as follows:
1. The Site Plan and Grading Plan scale are not correct. The plan scale should be corrected and resubmitted.
2. Engineering did not review zoning requirements, setbacks, impervious surface requirements or parking
requirements.
3. Stormwater Management. The proposed improvements appear to consist of a building expansion with
sidewalk and stoop, creating 2814 sq. ft. of new impervious surface. No additional storm water
management is needed as the new impervious surface is below the City Storm Water Management Plan
requirements of 1 acre and below the VBWD threshold of 6,000 Sq. ft. Runoff from the new impervious
surfaces will be directed to an existing on‐site storm water pond.
4. City Water. There is an existing 16‐inch trunk watermain located along the west ditch of Lake Elmo
Avenue, directly adjacent to the River Valley property. The trunk main is not shown on the plans. If the
Church is served by City water, a WAC determination should be made to determine the added
WAC/Connection charges to accommodate the expansion.
5. Private Sewer. The River Valley Church is served by a private on‐site wastewater treatment system. Any
building expansion should be contingent upon the applicant providing written documentation
demonstrating adequate wastewater management facilities exist or are proposed to serve the expanded
building use. Documentation should include 1) a Washington County inspection compliance report for the
existing on‐site wastewater system, and 2) a wastewater management plan approved by Washington
County to serve the proposed building expansion.
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
Resolution 2018-110
509020v1 SJS LA515-1
1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2018-110
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PLACE OF WORSHIP
FOR RIVER VALLEY CHRISTIAN CHURCH FOR THE PROPERTY LOCATED AT 5900 LAKE
ELMO AVENUE NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, River Valley Church, 5900 Lake Elmo Avenue North, Lake Elmo, MN
55042 (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a
Conditional Use Permit for a place of worship for the property located at 5900 Lake Elmo
Avenue North (PID# 02.029.21.11.0002) (the “Property”); and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on September 10, 2018; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated September 10, 2018,
and
WHEREAS, the City Council considered said matter at its September 18, 2018 meeting;
and
NOW, THEREFORE, based on the testimony elicited and information received, the City
Council makes the following:
FINDINGS
1) That the procedures for obtaining said Conditional Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 154.106.
2) That all the submission requirements of said Section 154.106 have been met by the
Applicant.
3) That the proposed Conditional Use Permit includes the following components:
a) A Conditional Use Permit for a place of worship for the property located at 5900
Lake Elmo Avenue North.
Resolution 2018-110
509020v1 SJS LA515-1
2
4) That the place of worship has been in use since 1996, prior to adoption of City Ordinance
requiring a conditional use permit for places of worship and so is non-conforming.
5) That the place of worship has requested to expand, and due to the City’s Non-
Conforming Uses, Building and Structures Article of the Zoning Code, a property must
be brought in to conformance with the Zoning Code if expanding.
6) That the Conditional Use Permit for a school district transportation center will be for the
Property legally described as follows:
PART NE1/4-NE1/4 BEING E 787FT OF N 657.77FT OF NE1/4-NE1/4 MEAS AT RT ANG
TO E & N LINES OF SD NE1/4-NE1/4 RESPECTIVELY SUBJ TO EASE SECTION 02
TOWNSHIP 029 RANGE 021
7) The use will not be detrimental or in any way endanger the public health, safety, comfort.
8) The property is guided for Public/Park, in which a place of worship is a conditional use.
9) The use is compatible with the existing neighborhood and has been in existence since 1996.
10) The use meets all specific development standards for such use as listed in Section 154.600L
Public and Quasi-Public Open Space.
11) The property is located outside the 0.2% annual chance floodplain and shoreland area.
12) The use is compatible in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the area, as it has existed for over
twenty years.
13) The use will not be hazardous or create a nuisance.
14) The use will be adequately served by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems and
schools.
15) The use will not create excessive additional requirements at public cost nor will it be
detrimental to the economic welfare of the community.
16) The use will not excessively produce traffic, noise, smoke, fumes, glare or odors.
17) Vehicular approaches to the property will not create and have not created traffic congestion
or interfere with traffic. Traffic is limited to certain times and days of the weeks.
Resolution 2018-110
509020v1 SJS LA515-1
3
18) The use will not result in the destruction, loss or damage of a natural or scenic feature of
major importance.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City
Council hereby approves the request by River Valley Christian Church for a Conditional Use
Permit for a place of worship with the following conditions of approval:
1) The applicant must obtain all other necessary City, State, and other governing body permits
and approvals prior to the commencement of any construction activity on the parcel
including but not limited to a revised grading plan and building permit.
2) All items outlined by the City Engineer in the memorandum addressing the River Valley
Christian Church Conditional Use Permit dated August 27, 2018 shall be incorporated into
these documents before they are approved.
3) The applicant must provide written documentation demonstrating adequate wastewater
management facilities exist or are proposed to serve the expanded building use. This should
include either a Washington County inspection compliance report for the existing on-site
wastewater system or a wastewater management plan approved by Washington County to
serve the proposed expansion if required.
Passed and duly adopted this 18th day of September 2018 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk