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Mayor and City Council Planning Case No. 452-96: New Apostolic Church (Conditional Use Permit) October 10, 1996 Page 2 1111 The plan before City Council has been revised from the one acted upon by the Planning Commission. The changes are as follows: • The amount of seating has been reduced from 115 to.98 spaces • The amount of parking has been reduced from 29 spaces to 27 spaces • The width of the buffer along the east end of the north property line has been widened from 10 feet to 19 feet. The buffer along the north property line now varies from 15 feet to 24 feet and then to 19 feet. • The width of the buffer along the east property line has been widened from 10 feet to 12 feet. • The understanding at the time of the Planning Commission hearing was that the building was 26.5 to 29.5 feet above grade. The elevations which were submitted were incorrect, and our current understanding is that the building is 26'3" to 26'9" in height. The steeple is shown at 15 feet on the elevations, although the applicant has told staff that the steeple will be 9 feet in height. • The driveway onto County Road H has been moved to the west, and it is staff's understanding that the driveway is now acceptable to the Fire Marshall for emergency access. Staff has requested the applicant to provide a letter to this effect. • Modifications have been made to the landscaping plan in terms of amount and type of plant materials. Some of the existing trees expected to be removed, can now be retained with the wider buffer along the north property line. The property at County Road H is zoned R-1. The Mounds View Zoning Code allows for churches in residential districts with approval of a conditional use permit. "The purpose of a conditional use permit i provide the City with a reasonable degree of discretion in determining the suitability of certain designate uses upon the general welfare, public health and safety. " (Section 1125.01 Subd. 3.) Attached you will find a letter from the City Attorney, dated August 30, 1996, addressing the role of the City Council and Planning Commission in granting conditional use permits and the amount of discretion the City Council has in making this decision. Conditional uses are distinguished from permitted uses for a reason. These uses are subject to greater scrutiny because they have the potential for greater impacts than the permitted uses in a given district. The criteria for granting conditional use permits are intended to assess, in part, the suitability and compatibility of such uses with adjacent permitted uses. There are two sets of criteria which apply to approval of a conditional use permit for churches: Sections 1125.01 Subd. 3.b. and 1106.04 Subd. 1. These criteria are noted below with comments on whether the criteria have been met. The criteria have been grouped, in some cases, to avoid repetitive discussion. • Section 1125.01 Subd. 3.b. Criteria (1), (7), (8), and (4) appear to be met. Staff will comment on criteria (6) at the October 29 meeting. Criteria (2), (3) and (5) require City Council to exercise judgement on the degree to which this use is compatible with adjacent residential properties or has been adequately separated by distance or screening such that existing homes will not be depreciated in value or be adversely effected. (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities will serve or are proposed to serve the area. (7) The use will not cause traffic hazards or congestion. (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. The New Apostolic Church proposes to hold Sunday School at 8:45-9:30 AM, two Sunday church services at 10:00-11:00 AM and 5:00-6:00 PM, and a Wednesday evening service from 8:00-9:00 PM. The maximum