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HomeMy WebLinkAboutResolution 5008 . . . RESOLUTION NO. 5008 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING A DEVELOPMENT REVIEW FOR THE NEW APOSTOLIC CHURCH TO CONSTRUCT A CHURCH FACILITY AT 3025 COUNTY ROAD H; PLANNING CASE NO. 452-96 /" ..--' .. WHEREAS, the New Apostolic Church has ('> ested .Cit approval to construct an approximately 4,050 square foot church building and sociated par~ lot on property at 3025 County Road H and described as: \ Code requires that a 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. tion dated 7/11 96' nin Map . J etlan one Disw' t Map tter fro ,..' 11, dated 8/28/96, giving permission from owner for the filing of the nditional usepermit application tter from Bob Long, City Attorney, dated 8/30/96 tter from Rocky Keehn, City Engineer, dated 8/23/96 ter from Mark Bishop, Fire Marshal, dated 10/16/96 Letter from New Apostolic Church, Minneapolis Congregation, dated 9/8/96 Letter from Sweeney, Borer & Ostrow dated 9/4/96 Section 1103.08 from the Mounds View Municipal Code Staff Report to Planning Commission dated 9/18/96 Minutes from Planning Commission meeting on 8/7/96 Minutes from Planning Commission meeting on 9/4/96 Minutes from Planning 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 WHEREAS, the Mounds View Zoning Code requires approval of a conditional use permit for the development of a church in the R-I single family residential district; and, . . . City Council Resolution No. 5008 October 29, 1996 Page 2 WHEREAS, the Mounds View City Council has made findings that the application from the New Apostolic Church meets the required criteria for issuance of a conditional use permit; and, WHEREAS, the Mounds View City Council does hereby find that the development plan as proposal meets the requirements for dimensions, parking arid. .access, landscaping, signage, lighting, and drainage and wetland buffer area as stated ifl...tlle.- staff report dated October 15, 1996 and as summarized below: //. }, Dimensional Requirements :1:, iJ; ; Provided i, <!22,520 s.f.. / , 100 feet :. , /; . 26'9" to'.fldge .21 '6" 'to midpoint 15' from rootline Met/Not Met yes (1) yes yes (1) Lot Area Lot Width Building Height Required .. 12,500 s.f. 100 feet 2.5~stories; 45 feet Steeple Building Setbacks Front Side Rear Parking Lot Setbacks Parking Compact Parking AJlowed ~, r ! ; No limit ! .; 35 ~eet 30 feet 30 fe~t 5 feet 1 space per 1 s,e~ts; 98 seats = 25 spaces no rr,lore than 10% = 3 35 feet 30 feet 40 feet 12-24 feet 25 + 2 handicapped 2 yes (1) yes (1) yes (1) yes (1) yes (1) ; I . : yes , , ' (1) Section 1125.01; Subd. 3.'c.(1):(8) states that the City Council may impose additional conditions on the.granting of a conditional use permit which the City Council considers necessary to protect the best interest qf the surrounding area or the community as whole. These include, among other items, increasing the required lot size or yard dimension, limiting the height, size or location of buildings, an~ increasing the number of required off-street parking spaces. Parking and Access Points The number of parking spaces provided meets the requirements of the Zoning Code, if the seating capacity of the church auditorium is limited to 98 seats and there is no concurrent use of the church auditorium and fellowship hall. The width of the access drives is less than the maximum allowed of 22 feet. (The drive onto County Road H is 21 feet, and onto Pleasant View Drive is 12 feet, at the property line.) The Fire Department has stated the driveway onto County Road H will be sufficient for emergency access, if the building is sprinklered. (Pending receipt of letter from Fire Marshal. ) . . . City Council Resolution No. 5008 October 29, 1996 Page 3 Landscaping The applicant is proposing to preserve 21 mature trees existing on the site, to add 25 evergreen trees and 2 deciduous trees, and to plant a lilac hedge and numerous shrubs. The landscaping plan with revisions required by the contingencies stated in this resolution is acceptable. It will provide an evergreen screen along the north and east property lines, and a lilac hedge along a portion of the north property line, sufficient to buffer the adjacent residential properties. The species of plant materials are suitable for the site and climate conditions. Signage The applicant is proposing signage on the west and east elevations of the building, a ground- mounted sign announcing services, and a temporary .sign announcing the construction of the church. The contingencies in this resolution require this signage plan to be revised to reduce the overall signage to 100 square feet, and to remove any wall-mounted signs announcing the church denomination consistent with the signage allowed for other Mounds View churches. The contingencies allow for the ground mounted sign to be increased from 21 square feet to 40 square feet. Lighting No lighting plan has been submitted as part of this application. The contingencies stated in this resolution require that a lighting plan, consistent with the requirements stated in the contingencies, be submitted and approved by the Community Development Director prior to issuance of any grading and building permits. Lighting will be required to be subdued, with no light spillage or glare onto adjacent residential properties. Drainage and Wetland Buffer Area The east half of the site is located in the 100-foot wetland buffer area. The proposal shows a portion of the parking lot, but not the church building itself in this area. Construction of the parking lot will require approval of a wetland alteration permit by the City Council. Approval of this permit is required prior to issuance of any grading or building permits in the contingencies in this resolution. The City Engineer has reviewed the plan and indicated that the rate of runoff should not be a problem and the grass treatment areas proposed 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 water leaves the site. The City Engineer has indicated that this design should mitigate for construction in the 100-foot wetland buffer area. The Rice Creek Watershed District has stated that a permit from them is not required. . . . City Council Resolution No. 5008 October 29, 1996 Page 4 WHEREAS, the Planning Commission of the City of Mounds has recommended in Resolution No. 476-96 that the development review request from the New Apostolic Church for development of church facility at 3025 County Road H be denied; and, WHEREAS, the City Council of the City of Mounds View has considered the recommendation of the Planning Commission, and does hereby find that the development review request as proposed by the New Apostolic Church for 3025 County Road H meets the requirements set forth in the Mounds View Municipal Code. ! (~/------.<....> . NOW, THEREFORE, BE IT RESOLVED that the Mounds View yi,ty Council~ does hereby approved the development review request for development of; a church, facility at 3025 County . , , \ ' Road H as presented by the New Apostolic Church in~ge:. grading arid, erosion control plans .' I'. , I, (9/26/96), landscaping plans (9/30/96), and the flooqjlans and elevations (receiv~ 10/7/96), subject to the following contingencies: <-.'.\ ..,.,y! ", . .,/ .' 1. The granting of this development ;review is contingent upon/the grahting of a wetland alteration permit, and shaH be nun and void if this approvaf'is nof received within 120 days of the date on which City Ceuncil a~ts to grant thi~./development review. In no event shall any building p~rmits be issued uritil such tim~;!~s the wetland alteration permit has been granted. .. // ,~ ~., \'\ I . (~~~.' 2. Prior to issuanc~\of any puilding permits, !t~e applicant shall: i i .. . a. Revise the laridscap~ng plan to stib~titute White pine for Austrian pine in the northwest comero.K.t~e site and along the eastern site boundary. The spacing of the pine and spruce shall-i ~e adjusted to assure that sufficient room is available for the different branching structures of these two types of evergreens. b. Revise the landscaping plan to show the height specified for the evergreen trees shall be 6-7 feet. The applicant shall endeavor to obtain seven foot evergreen trees for planting on the site. c. Revise the landscaping plan to add a note 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 site shown as being retained on this landscape plan. The size and species of landscape materials used for replacement shall be approved by the Community Development Director, after consultation with the City Forester." d. Add a detail sheet to the plan package which shows the temporary construction signage for the church, the permanent ground mounted sign announcing the . . . City Council Resolution No. 5008 October 29, 1996 Page 5 denomination of the church and times of its services, and the directional signage 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 Hand 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 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 shall consist of a cross only. No sign announcing the name of the church shall be wall- mounted. The cross on the east end of the building shall not be illuminated. The cross on the west of the building may be illuminated, but only between the hours 5 :00 PM and 9:00 PM each evening. The level of illumination shall be approved by the Director of Community Development, and shall be subdued so as to prevent glare onto properties either abutting or across abutting streets. " f. The elevations shall be revised to show the steeple at nine feet above the ridgeline of the roof. g. Provide five (5) copies of the complete plan package including the revised landscaping plan and the new detail sheet to the Director of Community Development. . . . City Council Resolution No. 5008 October 29, 1996 Page 6 3. 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. 4. 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. The lighting plan shall comply with the requirements stated in this resolution. Parking lot lighting shall be mounted on poles on p~les,~d not on the building. Poles shall not exceed 18 feet in height. The luminair~s~sh1i.lI,.,p~)imited to 250 watts, have sharp cutoffs and downcast fixtures to direct ligH't onto the'parking lot and not onto adjacent properties. The number of pole n;tounted lig'~ts shall be determined '-::/..1 ,. , by the Community Development Director as paD:~6f tQ:e approyal of the lig~ting plan. Soffit-style lighting above building entrances,~~f un4~r the eavd along the/north and south side of the building shall be perwittect. Parking lot lighting~d soffit-style building lighting may be turned on from 'one hour before to ohe 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 he\d. Waikway lighting. dsing b<;>iiards, not to exceed four feet in height, m~y be used in the vicinity: of the~ain .entral)ce on the south side of the building and may'~\~lluminated :during all hours 'of dar;~ss. ',' I 5. Prior to issuance of ~hY ,grading 'or building perlllit, t9~('applicant shall obtain approval for construction drawing~flnd shall comply with .~11 requirements of Title 1000: Building and Development Regulations. The constructiorij'drawings shall show no more than a 98- seat capacity in the church. ' 6. Approval of this site layout is dependent on sprinklering of the building, because the access drive along the north side of the building is insufficient for emergency access purposes. The applicant shall obtain approval for a plan for sprinklering the building from the Fire Department prior to the issuance of any grading or building permit. Sprinklers shall be installed and pass inspection by the Fire Department prior to issuance of any occupancy permit for the building. 7. The height of the steeple shall be limited to nine feet above the ridgeline of the roof. 8. 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 . . . City Council Resolution No. 5008 October 29, 1996 Page '7 during the construction process to prevent disturbance of root systems and changes in ground elevations which would cause these existing trees to die. 9. 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. 10. Prior to issuance of any occupancy permit, the applicant shall tr,frn the e~istiqg trees proposed to remain in the sight triangle at the ~ntersection of Pleasant Vie~ ~Drive and County Road H, if needed, to assure nQ"sight: distance problem is cause4~ <;J ',; ~ ' j I' i - i . . 11. Prior to the issuance of any grading-ofbuilding ',permits, the; property o'Y:ner shall enter into a development contract as r~uired by ~hapter 100~ of the Motlfids View Municipal Code.. . , ,/ . . 12. The prop~ity owner shall reIrtain in compliance wit,ll the. requirements and contingencies. contained in the cotl'ditional use permit goyeming this site as stated in City Council-Resolution No. 5007. ," /~/ 13. I ) Approval of this condition3J. use permit sJiall inc1y~e.. the following: · Boundary Survey prepared by Pioneer Engineering, printed 10/7/96 · Grading and Erosion Control Plan prepared by Pioneer Engineering, dated 9/26/96 \., I · Landscaping Plan prep~red by Rio Architects, dated 9/30/96 and revised in accordance with #2.a.ahd #2.b. above · Floorplans and Elevations prepared by LRK design group, received 10/7/96, and revised in accordance with #2.d. and #2.e. above. · Detail Sheet to be prepared in accordance with #2.c. above. Adopted this 29th day of October, 1996 )(}l ~y~)/)'~ ~ Jerome Linke, Mayor ATTEST: ~ '/.. 'f V4 Y. ~~~ Charles Whiting, Cit~ Clerk-Administrator (SEAL) B:\DRRESO.APP . . . CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 5009 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN Section 1. Recitals. WHEREAS, the City of Mounds View (the "City") wishes to construct a pedestrian bridge across Trunk Highway 10 in the City to provide for the safe and efticient movement of pedestrians across that road; and, WHEREAS, the City Council has approved the plans and specifications for construction of the pedestrian bridge. In order to complete construction of the bridge in accordance with those plans, it is necessary for the City to acquire the real estate easements described in Exhibit A attached hereto (the "Subject Property"); and, WHEREAS, the City has made attempts to negotiate with the owner of the Subject Property and has failed to agree upon terms of the purchase; and, WHEREAS, the owner of the Subject Property is requesting a substantially larger purchase price than the City believes is reasonable; and, WHEREAS, the City Council further finds that acquisition of the Subject Property through the exercise of eminent domain is necessary for the completion of the pedestrian bridge and that such an exercise of eminent domain would be for a public purpose. NOW, THEREFORE, BE IT RESOL VED THAT the City Council hereby authorizes the City's stafT and the City Attorney, Kennedy & Graven, to take all necessary actions to acquire the Subject Property through eminent domain proceedings and through use of the "quick take" procedures, as described in Minnesota Statutes 117.042. Adopted this 23rd day of September, 1996. ~. J erry......b-nk~,...Mayor /// /' ATTEST: (flil hJ~' Chuck Whiting, City Cler Adnl1nIstrator ( seal) . . . The undersigned, being the duly qualified and acting City Clerk of the City of Mounds View, Minnesota, hereby certifies that the foregoing is a true and correct copy of a resolution on file and of record in the offices of the City, which resolution was duly adopted by the Council at a regular meeting of the Council held on September 23, 1996. Said meeting was duly called and regularly held at the place at which meetings of the Council are regularly held and the meeting was open to the public, a quorum of the Council being present and acting throughout the meeting. Council member Trude introduced and moved the adoption of the foregoing resolution, which was presented in writing and was either read in full or the reading thereof was dispensed with by unanimous consent of the Council, which motion was seconded by Councilmember Rl ;mrn,grn . A vote being taken upon the motion, the following members of the Council voted in favor of adopting the resolution: Jerry Linke, Mayor Phyllis Blanchard, Councilmember Jplie Trude CQunc~lmember and the followmg votea' agamst tne same: Gary Quick, Councilmember Sue Hankner, Councilmember Whereupon said resolution was declared duly passed and adopted and was thereafter approved by execution by the mayor, as attested by the undersigned. The foregoing resolution remains in full force and effect, and no action has bene taken by the Council which would in any way alter, amend, or repeal the resolution. WITNESS MY HAND officially as the City Clerk of the City of Mounds View, Minnesota this ~ day of September , 1996. (fJfLJ: tJ . . Chuck Whiting, City ~-iAdministrator City of Mounds View, Minnesota (seal) . . . EXHIBIT A Legal Description of Subject Property That part of the Northeast Quarter of Section 7, Township 30, Range 23, Ramsey County, Minnesota, lying northeasterly of the northeasterly right of way line of the 225 foot wide right of way of Trunk Highway 10, as currently established, westerly of the westerly right of way line of the 66 foot wide right of way of Long Lake Road and southerly of the line described as follows: Beginning at the point of intersection of said northeasterly right of way of Trunk Highway 10 and said westerly right of way of Long Lake Road; thence northerly along said westerly right of way line of Long Lake Road for 121.00 feet; thence deflecting to the left 90 degrees for 87.24 feet; thence southwesterly and perpendicular to said northeasterly right of way line of Trunk Highway 10 to a point on said right of way line of Truck Highway 10 145 feet northeasterly of the point of beginning and there terminating.