HomeMy WebLinkAboutResolution 5007
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RESOLUTION NO. 5007
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT REQUEST FOR TIlE
NEW APOSTOLIC CHURCH TO CONSTRUCT A CHURCH FACILITY AT 3025
COUNTY ROAD H; PLANNING CASE NO. 452-96
WHEREAS, the New Apostolic Church has r.
approximately 4,050 square foot church building and an
3025 County Road H and described as:'
ity approval to construct an
parking lot on property at
WHEREAS, this propert is the R-i ogle mily residential district, which requires
the approval of a conditiollal u,s . per .t for tlieev opment of church facilities; and,
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WHERE..\.. '..t .. purpose. of . conditional use permits is "to provide the City with a
reasonable degree 0 'i. retion in determining the suitability of certain designated uses upon the
general welfare, publ ealth and safety"; and,
WHEREAS, See 1106.04 Subd. I of the Mounds View Municipal Code allows
churches in the R-I district provided certain criteria are met; and,
WHEREAS, Section 1125.01 Subd. I.e. of the Mounds View Municipal Code requires
the Planning Commission to consider certain possible adverse effects of the proposed conditional
use. Its judgement shall be based upon (but not limited to) the following factors:
(I) Relationship to the Comprehensive Plan.
(2) The geographical area involved.
(3) Whether such use will tend to or actually depreciate the area in which it is
proposed.
(4) The character of the surrounding area.
(5) The demonstrated need for such use.
WHEREAS, Section 1125.01 Subd. 3 of the Mounds View Municipal Code states that
the City Council shall consider the advice and recommendations of the Planning and Zoning
Commission and the effect of the proposed use on the Comprehensive Plan and upon the health,
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City Council Resolution No. 5007
October 29, 1996
Page 2
safety and general welfare of surrounding lands, and requires that certain findings be made for the
approval of a conditional use permit as stated in Section 1125.01 Subd.3.b.(I)-(8); and,
WHEREAS, the City Council has received and had available for review the following
documents regarding this conditional use permit request:
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Application dated 7/15/96
Zoning Map 1"-.
Wetland Zone District Map \ \ \
Letter from Curt Ungwall, dated 8/28/96, giving permi~sio~ from owner for the filing of the
conditional use permit application .r. . . .
Letter from Bob Long, City Attorney~ dated,. 8/30/96 >
Letter from Rocky Keehn, City Engineer, dated'8123/96'.
Letter from Mark Bishop, Fire Marshal, datedilO/16/96
Letter from New Apostolic, Church, Minneapolis Congregation, dated 9/8/96
Letter from Sweeney, Borer & Ostrow da~d_9/4/96
Sectiont1103.08 from the Mounds View Murncipal Code
Staff Report to Planriing ComIilisslon dated 9/18/96
Minutes froni'J>lanning Commission meeting on 8/7/96
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Minutes from Plannip.gCommission meeting on 9/4/96
Minutes from. Plafu:lll;tg Commission meeting on 9/18/96
Planning Commission Resolution Nos. 475-96 and 476-96
Boundary Survey prepared by Pioneer Engineering, printed 10/7/96
Grading and Erosion.Control Plan prepared by Pioneer Engineering, dated 9/26/96
Landscaping Plan prepared by Rio Architects, dated 9/30/96
Floorplans and Elevations prepared by LRK design group, received 10/7/96
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WHEREAS, the City Council does hereby make the following findings of fact regarding
the requirements set forth in Section 1106.04, Subd. 1 of the Mounds View Zoning Code. The
requirements are noted below, and have been grouped to avoid repetitive findings.
a. Front yard depths shall be a minimum of thirty five feet (35').
b. Side yards shall be no less than thirty feet (30').
Complies; Pleasant View Drive is being used as the front of the lot for purposes of
setbacks.
c. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section
1103.08 of this Title. which are paraphrased below.
(1)
(2)
(3)
(4)
No fence shall exceed 8 feet.
No fences, structures or planting of trees in sight triangle.
Fences not to exceed 48" allowed any where on lot;fences not to exceed 96" may be erected behind the
front line of the prindpal building.
Fences shall be constructed so suiface adjoining adjacent properties and rights-of-way are .finished
construction.
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City Council Resolution No. 5007
October 29, 1996
Page 3
(5) Landscaping required in areas remaining after providing for off street parking, off-street loading,
sidewalks and driveways, and building site.
(6) Fencing and screening shall consist of either afence or a green belt planting strip the height of which
shall be sufficient to adequately shield the activity from the abutting properties.
a. Greenbelt planting strip shall consist of evergreens of sufficient width and density to provide
effective screen; planting strip shall contain no structure~ or other use; planting strips shall
be not less than 8 feet in height; earth mounding maY'b,e-used but limited to no more than
5 feet; planting plan subject to approval of Planririg ,Co~}sion based on recommendation
from staff. ., .,
b. Required screening fence shall be masonry; brick; wood or steel not less than 6 feet or more
than 8 feet; subject to approval by'Plarming Co"mmi~sion b~ed on recommendation from
staff. '. : ' . \,
c. Ground cover shall be establisJl(~d"within ~ne year follolWf.lg issuance of building permit; must
control erosion. c: ' -.
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The applicant has provid~ adequate screening from abutting residential uses by including
landscaped buffer areas along Hie p.orth~ .and easrproperty lines. The buffer along the
north property line measures 15., 24 and 19 feet, going west to east, and meets or
exceeds the width of 15 feet requested by the property owner to the north. The wider
sections of the: buffer ar~ located in t~e *ea most critical to this property owner: the side
and rear yard of h.isJ>r()perty. The bu'tfer along the east side is 12 feet, and has been
increased from the onginal proposal of 10 feet. The house belonging to the property
owner on the east sid~ is 60 feet from the common property line, and there is an existing
wooded area on the neighbor's property abutting this line.
The applicant is proposing to plant a double row of evergreen trees along the northern
boundary, further bolstered by a lilac hedge and existing mature deciduous trees. A row
of evergreens is also proposed along the eastern boundary. The height of the evergreens
at planting will be six feet, and are expected to grow to the required eight feet within 2-3
years.
The City Council finds that the requirement for landscaping and screening in c. is met.
d.
Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a
public street to the principal use in compliance with Chapter 1121 of this Title and that such parking is
adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section
1103.08 of this Title.
Adequate off-street loading and service entrances are provided and regulated where applicable by Chapter 1122
of this Title.
e.
There are two driveways serving the site: one from County Road H and one from
Pleasant View Drive. The driveway onto County Road H is 21 feet wide, and the one
on Pleasant View Drive is 12 feet wide, at the property line. These widths are within
the maximum of 22 feet allowed in the R-l district. The driveway onto County Road
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City Council Resolution No. 5007
October 29, 1996
Page 4
H will be used for emergency vehicle access. There are 27 parking spaces provided (23
regular spaces, 2 handicapped, and 2 compact) which exceeds Code requirements as long
with restrictions that the church auditorium and fellowship hall will not used at the same
time, and the capacity of the auditorium is 98 seats. The size of the parking spaces,
number of compact spaces, and width of drive aisles meet Code requirements. The Fire
Department has stated the 21 foot drive onto County~Road H will be sufficient for
emergency access, if the building is sprinklered. (pen'ding\receipt of letter from Fire
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Chapter 1121 includes Subd. 12 which. states "E.e4uir~: screening: All open,
nonresidential, off-street parking area of.tive\(5) or mpre spaces shall be screened and
landscaped from abutting or surrounding r~sidential" districts in compliance with
1103.08(6) of this Title." A fin~lnghas been inade,thacthe proposed buffer areas and
landscaping along the northern and eastern property lines is sufficient to provide adequate
screening for the parking lot uri;der item c~ above;. .off-street loading is not required for
this type of use or size ofibuilding. <.;-
The City Coun~il finds that requirements ,d. and e. are met.
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The provisions ofsubdiv!sionl125.01(1)e ofthis"Title are considered and satisfactorily met. (T/Jis section is
quoted beIOl',!.)
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Adverse Effects: The Planningand Zoning Commission shall consider possible adverse effects of the proposed
amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors:
(1) Relationship to the Municipal Comprehensive Plan
(2) TIle geographical area involved.
(3) Whether such use will tend to or actually depreciate the area in which it is proposed.
(4) The cJlllracter of the sunounding area.
(5) The demonstrated need for the use.
The geographical area involved in this application is a residential neighborhood bordered
on the south by County Road H which serves as the municipal border. The
neighborhood is characterized by deep, oversized lots and mature trees. The applicant
has preserved 21 existing mature trees on the site, added 25 evergreen trees and 2
deciduous trees, and proposes to plant a lilac hedge and numerous shrubs. These trees
when mature will create a wooded effect on the lot which is in keeping with the rest of
the neighborhood.
The building will be residential in scale. The building footprint of 2,025 square feet, and
height of 1-1/2 stories is within the realm of sizes for single family homes in this area.
The City Council finds that criteria f. is met.
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City Council Resolution No. 5007
October 29, 1996
Page 5
WHEREAS, the City Council does hereby make the following findings of fact regarding
this conditional use permit request with respect to the criteria set forth in Section 1125.01 Subd.
3.b. for the review of conditional use permits. The criteria are noted below, and have been
grouped to avoid repetitive findings.
(1)
(7)
(8)
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. ._.
The use will not cause traffic hazards or congestion. . --',,' .',
Adequate utilities, access roads, drainage and necessary facilities haJe been'or.will be provided.
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The New Apostolic Church proposes to hold Sunday\S~hool ~t\8:45-9:30 AM, two
Sunday church services at 10:00-11 :00 AM and 5:00-6:00, PM, an4 a Wednesday evening
service from 8:00-9:00 PM. The maximum; seating in.th'~ chu~ch is 98 people; the
current congregation is 55 people. Because .th~ ~se is a chQtch,/rather than residential
homes, it is not anticipated to crea~e.a demand, on parks, or schools. Both water and
sewer service adequate to suppprt this, use is available. to the site. The site is served by
two streets, County Road H ~nd PI~sciht View Dri~e. Given the limited number of
services and the size of the congreg~ti,on'} the amount of traffic is anticipated to be low
and will occur on weekends or evening rather thartduring peak commute times.
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The City Engineer iia~ reyiew~d the applicant's drainage proposal and indicated that the
rate of runoff should not be. a 'problem and the grass treatment areas will provide enough
water quality treatment. ""Drainage will now be directed to County Road H and will flow
through grassed areas to allow sediments to percolate before runoff water leaves the site.
The Rice Creek Watershed District has stated that a permit from them is not required.
The City Council finds that criteria (1), (7) and (8) have been met.
(4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the
existing land use.
(6) The use is not in conflict with the Comprehensive Plan of the City.
The Zoning Code envisions the development of churches in residential neighborhoods,
and there are five other churches in Mounds View. The applicant has testified that a
number of the members of this church are from the Mounds View area, and desire to
locate the church closer to their homes. (Comments on the Comprehensive Plan will be
provided at the City Council meeting on October 29.)
The City Council finds that criteria (4) and (6) have been met (pending the comments on
the Comprehensive Plan).
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City Council Resolution No. 5007
October 29, 1996
Page 6
(2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned
or used larul so that existing homes will not be depreciated in value arul there will be no deterrence to
development of vacant larul.
(3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential
properties.
(5) The use is consistent with the purposes of the Zoning Code arul the purposes of the zoning district in which the
applicant interuls to locate the proposed use.
The Mounds View Zoning Code allows for churches as complementary uses in all
residential districts including the R-l district. The propos~.church will have a building
footprint of 2,025 square feet and will be 1-1/2 stories:\ .This size is within the range of
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a single family house, and will be compatible with tl1e\charflcter of the surrounding
neighborhood, which includes one and two story;,. homes'of v~rying sizes. The plans
provide adequate screening and buffering to;:adj~cent re~idential,:'properties as noted. in
c. and f. above. \ '\ '/0'"
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The City Council finds that criteria (i), '(3) and (5) are met.
WHEREAS, the Planning Commi~si6n of .the City: of Mounds has recommended in
Resolution No. 475-96 that the conditional \lS~ permit req4est from the New Apostolic Church
for development of church facility ~f.3025 County Road H be denied.; and,
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WHEREAS, the Gity ,Court~il of the City of Mounds View has considered. the
recommendation of the Planning'Coinmission, and does hereby find that the conditional use
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permit request as proposed by the New Apostolic Church for 3025 County Road H meets the
criteria and requirements set forth .in,Section 1106.04 Subd. 1 nor Section 1125.01 Subd. 3.b.
in their entirety. ;
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does
hereby approved the conditional use permit for development of a church facility at 3025 County
Road H as presented. by the New Apostolic Church in the grading and erosion control plans
(9/26/96), landscaping plans (9/30/96), and the floorplans and elevations (received. 1017/96),
subject to the following contingencies:
1. The granting of this conditional use permit is contingent upon the granting of a
wetland alteration permit, and shall be null and void if this approval is not
received. within 120 days of the date on which City Council acts to grant this
conditional use permit. In no event shall any building permits be issued until
such time as the wetland alteration permit has been granted..
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City Council Resolution No. 5007
October 29, 1996
Page 7
2. Prior to issuance of any building permits, the applicant shall:
a.
Revise the landscaping plan to substitute White pine for Austrian pine in
the northwest comer of the site and along the eastern site boundary. The
spacing of the pine and spruce shall be adjusted to assure that sufficient
room is available for the different branching structures of these two types
of evergreens.
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b. Revise the landscaping plan to sh?wi~e hei~h~ specified for t.he evergreen
trees shall be 6-7 feet. The apphca~C~hall ~ndeavor to obtam seven foot
evergreen trees for plantin~-on the site. . .
c. Revise the landscaping ,piari to add ~. ribte which states: "The property
owner shall be responsible for the replacement of any landscape materials
which die during the lifetime of this project, including the existing mature
trees on the $ite showrias being retained on this landscape plan. The size
and species Q~ lari~scape:'materials' -6sed for replacement shall be approved
by the Community, Development Director, after consultation with the City
Forester. If \ '
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d.
Add 3..oetaili sheet to the plan package which shows the temporary
constructio,ri.'signage for the church, the permanent ground mounted sign
announcing'the denomination of the church and times of its services, and
the directionalsignage at driveway onto Pleasant View Drive which states
"Exit Only; Do Not Enter". The size of the temporary construction
signage shall be no more than 2 feet 6 inches x 8 feet, and shall be
ground-mounted on posts with an overall height of no more than five feet.
The sign shall not be placed in the sight triangle at the intersection of
County Road H and Pleasant View Drive. The sign shall face County
Road H and shall not be illuminated. The size of the sign announcing
services shall be no more than 4 feet x 10 feet and shall be ground-
mounted on posts, with the overall height of the sign no more than 4.5
feet from the ground. This sign may have external, ground-mounted
illumination, which may be turned on during evening and nighttime hours.
The directional sign at Pleasant View Drive shall be no more than 1-1/2
foot x 3 feet and shall be ground-mounted on posts, with the overall
height of the sign no more than three feet from the ground. Notes stating
these requirements shall be included on the detail sheet.
e.
The elevations shall be modified to remove the name of the church from
the walls, and shall reduce the size of the cross on the east side to 21
square feet, and the cross on the west side to 39 sq.ft. A note shall be
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City Council Resolution No. 5007
October 29, 1996
Page 8
added to the elevations which states: "Signs shall be allowed at the size
and location as shown on this plan, and as shown on the detail sheet
included in this plan package. Signs shall comply with the design and
construction standards contained in Chapter 1008 of the Mounds View
Municipal Code. Signs require approval of a separate permit prior to
installation. The total signage on the east end of the building shall be 21
square feet and shall consist of a cross only, and on the west end of the
building shall be 39 square feet and shalFc.onsist of a cross only. No sign
announcing the name of the church shall b~~all-mounted. The cross on
the east end of the building shall not\pe, illuin~nated. The cross on the
west of the building may be ill~rriinated\. b~t only between the hours 5 :00
PM and 9:00 PM each evening. The ilevel ,of illumination shall be
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approved by the Director <of ~ommunity '.Deyelopment, and shall be
subdued so as to prevent glare onto, properties either abutting or across
abutting streets. II, \1: '.,
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f. The elevations shall 'be revised to show the steeple at nine feet above the
ridgeline of the roof. . .
Provid~'fi.ve (5) copies bf the. complete plan package including the revised
landscapiI).g.plan .and the new detail sheet to the Director of Community
Development~'.,
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3. Use of the church building shall be arranged and scheduled so there is no
overlapping use of the auditorium and the fellowship hall. Parking requirements
have been calculated and approved based on this arrangement. Church services
shall be scheduled so there is at least three hours between each service (with
allowance for Sunday School preceding each service.)
4. The auditorium contains bench-style pews. The seating capacity in the church
auditorium shall be calculated based on 22" of bench space for each seat. The
seating capacity shall be limited to 98 seats. Any increase in seating capacity
shall require the approval of an amended conditional use permit by the City of
Mounds View.
5.
Prior to issuance of any building permits, the applicant shall obtain approval from
the Community Development Director for a lighting plan showing any exterior
lighting to be installed on the site. Parking lot lighting shall be mounted on poles
on poles and not on the building. Poles shall not exceed 18 feet in height. The
luminaires shall be limited to 250 watts, have sharp cutoffs and downcast fixtures
to direct light onto the parking lot and not onto adjacent properties. The number
of pole mounted lights shall be determined by the Community Development
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City Council Resolution No. 5007
October 29, 1996
Page 9
Director as part of the approval of the lighting plan. Soffit-style lighting above
building entrances and under the eaves along the north and south side of the
building shall be permitted. Parking lot lighting and soffit-style building lighting
may be turned on from one hour before to one hour after evening services, but
shall be turned off no event later than 9:00 PM and shall not be used on evenings
when no services are held. Walkway lighting using bollards, not to exceed four
feet in height, may be used in the vicinity of the main entrance on the south side
of the building and may be illuminated during all hours of darkness.
6. Prior to issuance of any grading or building perlJ.lit, the applicant shall obtain
approval for construction drawings and shall comply with all requirements of
Title 1000: Building and Development Regulations. '. The construction drawings
shall show no more than a 98-seat capacity in tr.~i chur~h..
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Approval of this site layout is dependen,t '<?n sprinldering of the building, because
the access drive along the north side of .the\ buildirlg isjnsufficient for emergency
access purposes. The applicant shall obtain app~o~al.for a plan for sprinklering
the building from the Fire:, Department p~dr to'the issuance of any grading or
building permit. Spnnklers shall be installed and pass inspection by the Fire
Department prior to issuance of aQY occupancy! permit for the building.
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8. The height: of the steeple shall be limited to nine feet above the ridgeline of the
roof.
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9. Prior to any grading'or . demolition work on the site, the applicant shall install
construction fencing'at or beyond the dripline of any existing trees to be
preserved according to the.landscaping plans approved with this conditional use
permit. Adjustment of fencing locations may be approved by the Director of
Community Development, after consultation with the City Forester, based on
practical necessity. No construction equipment or activity shall be permitted
within these fenced areas. The applicant shall act upon the advice of the City
Forester and shall exercise diligence during the construction process to prevent
disturbance of root systems and changes in ground elevations which would cause
these existing trees to die.
10. Prior to any grading or demolition work on the site, silt fencing shall be put in
place as shown on the grading and erosion control plan and shall be maintained
throughout construction.
11.
Prior to issuance of any occupancy permit, the applicant shall trim the existing
trees proposed to remain in the sight triangle at the intersection of Pleasant View
Drive and County Road H, if needed, to assure no sight distance problem is caused.
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City Council Resolution No. 5007
October 29, 1996
Page 10
12. Prior to the issuance of any grading or building permits, the property owner shall
enter into a development contract as required by Chapter 1006 of the Mounds
View Municipal Code.
13. Prior to issuance of any grading or building permits, the applicant shall record
this conditional use permit with Ramsey County and shall provide evidence of
recordation to the Mounds View Community Development Director.
14. Approval of this conditional use permit shall include the following:
· Boundary Survey prepared by Pig_~~r Engineering, printed 10/7/96
· Grading and Erosion Control Planptep~ed by Pioneer Engineering, dated
9/26/96 \.
· Landscaping Plan prepared by\Rio Archit~ts, dated 9/30/96 and revised
in accordance with #2;3.. and H2.'b. abov~i
· Floorplans and Elevations prepared . by" LRK design group, received
10/7/96, and'revised in ~ccordand~,-with #2.d. and #2.e. above.
· Detail ~heet':;to be..prepare<t'in a~c6rdance with #2.c. above.
Adopted tris 29th day. of October" 1996 '--_
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ATTEST:
(SEAL)
B: \CUPRESO .APP