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HomeMy WebLinkAbout09-18-1996 PROCEEDINGS OF THE PLANNING COMMISSION • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Meeting September 18, 1996 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 The Mounds View Planning Commission was 1. Call to Order called to order by Chair Peterson at 7:14 p.m. on September 18, 1996. MEMBERS PRESENT: Commissioners 2. Roll Call Johnston, Miller, Brooks, Stevenson, Brasaemle and Chair Peterson. (Commissioner Obert arrived late.) ALSO PRESENT: Community Development Director Sheldon and Recording Secretary • Benesch. Community Development Director Sheldon 3. Consideration of reviewed the request from the Mounds View Resolution No.477-96 Economic Development Authority for a Regarding Variance reduction in the required width for a corner lot. Request by Mounds She explained that the required width is 100 View Economic feet and the request is for the lot to be 80 feet Development Authority, for the property at 8265 Spring Lake Road. 8265 Spring Lake Road, She continued by stating that the applicant has Planning Case No. applied to the Planning Commission by letter 455-96 outlining their reasons they feel there is a hardship in this case and she presented the summarized information to the Planning Commission in a report. She explained that the most significant items from the variance criteria have to do with the lot being platted in 1939 at its current width and added that there is no additional unplatted or vacant land on that block that could be purchased to add to this lot to widen it. Director Sheldon noted there is • sufficient land within the lot to create a Mounds View Planning Commission September 18, 1996 • Special Meeting Page 2 buildable area for a single family home, and if the variance is not granted this lot would be held vacant because they would be unable to get a building permit. She concluded by recommending that the request be approved based on the fact that it is not actions on the part of the applicant that has caused the problem and unless the variance is granted they will not be able to use the lot for its typical purpose in an R-1 district and that they ought to be able to build a single family home on their property. Director Sheldon noted that a resolution had been prepared approving this variance request and indicated that Jennifer Bergman, representing the Mounds View Economic Development Authority, was present. It was noted by Director Sheldon that the • purpose of this request is to demolish the existing house and construct a new one as part of the City's Housing Replacement Program and to market the lot. Chair Peterson stated that this item was discussed at their previous agenda meeting. Motion/Second: Stevenson/Brasaemle to adopt Resolution No. 477-96 approving a lot width variance request by the Mounds View Economic Development Authority for 8265 Spring Lake Road, Planning Case No. 455-96. Corrections to the resolution were noted: last paragraph, first page "develop" should read development and the Planning Case number should be added to the title. 6 ayes 0 nays Motion Carried S Community Development Director Sheldon 4. Public Hearing reviewed the request from Stahl Construction Regarding the Request Mounds View Planning Commission September 18, 1996 • Special Meeting Page 3 Co., on behalf of the New Apostolic Church, for of Stahl Construction, on a conditional use permit and development behalf of the New review for the development of a church facility Apostolic Church, for the on property located at 3025 County Road H. Construction of a church She noted that this item has been before the at 3025 County Road H, Planning Commission at several previous Planning Case No. meetings. She continued by saying that the 452-96 original application included a request for a front setback variance, and as noted in the report to the Planning Commission, the request for a variance has been withdrawn and the present plan before them does not require a variance because the applicant has requested that Pleasant View Drive be designated as the front of the lot as opposed to County Road H. She pointed out that the Zoning Code states that the shortest dimension of a corner lot should be used as the front unless they are • even dimensions on both roads. If this is the case, the applicant could designate which one would be used as the front. Since this property will be developed from scratch, the Pleasant View Drive frontage would be the frontage that qualifies according to the Zoning Code. With that in mind, Stahl Construction is proposing the building 35' from Pleasant View Drive which is the requirement and 30' from County Road H which is the requirement for a side lot line on a corner. Director Sheldon noted that residents in the area were notified of a public hearing for the variance because the City did not have the new plan prior to the notice being sent out. The other two parts of the application have to do with the conditional use permit and the development review, and at this time, Ms. Sheldon went over a diagram of the lot and proposed structure to explain changes in the request that have occurred since the last meeting. She also mentioned that the City received a letter from the Fire Department • questioning whether or not there was enough maneuvering room for fire trucks in the newly Mounds View Planning Commission September 18, 1996 Special Meeting Page 4 designed parking lot, and two letters were received from the applicant on the seating capacity confirming that they are requesting 115 seats in the building. She also noted that the City has received a number of phone calls from residents in the neighborhood (she has received three, the Clerk-Administrator has also received at least two, and some of the Council members have also received phone calls) in opposition of this request. (It was mentioned at this time that a sign up sheet was being circulated and any persons in attendance were asked to sign in). Director Sheldon proceeded to explain the changes in the new plan, including the parking plan in detail. She mentioned that just this evening she received word from Mr. Bill Diem tof Stahl Construction that a modification in the parking design will be presented which moves the driveway over to allow for the maneuvering of emergency vehicles. Ms. Sheldon explained that in the report she had gone step by step through the criteria and felt that there were a couple of areas where the criteria was not met: the character of the development and whether it fits into the character of the neighborhood, noting that the proposed structure will be a story and a half with the wall heights being 13-16 feet and, if adding in the roof, will go from 26.5 to 29 feet in height. She added that typically a home in this neighborhood is one story (in the range of 15-16 in height) and the footprint is 2,054 square feet which is typically larger than the average home. The other issue involved the amount of buffering and it was noted that the Code does not specifically address this issue • and what is "adequate" buffering for this request. She added that staff has looked, as a Mounds View Planning Commission September 18, 1996 i Special Meeting Page 5 way to judge the adequacy of the buffer, at other church sites in Mounds View and found that the narrowest buffer is 14' and the typical buffer is around 29' to 30'. This particular application has buffers of 10', 15' and a portion in the center at 24' and she further explained that the most critical areas to the adjacent property owners are the narrowest, and this site would have the narrowest buffers in the community for a church. It is also on the smallest site at '/ acre. The next smallest site for a church is 1- Y2 acres. Staffs view is that the criteria related to buffering and compatibility with the surrounding residential neighborhood cannot be met. At this time Director Sheldon explained the proposed resolutions regarding this request. • Resolution No. 475-96 is for denial of the conditional use permit. Ms. Sheldon recommended to the Planning Commission that some further changes need to be made in the resolution from the one in the packet. She provided the Planning Commission with a handout showing these changes. According to the information received at 4:00 p.m. from the Fire Department, there was not enough maneuvering room on the site for emergency vehicles so this information was added to the findings in the resolution for approval (480-96). The changes included: 1) dropping any reference to the Fire Department's opinion because putting in a statement that they opposed the plan, in a resolution for approval, would be in appropriate, 2) correcting the building square footage, 3) adding a reference to the other drawings submitted by the applicant, and 4) adding a sign at the Pleasant View Drive driveway which wouild say "exit only" because this driveway is so narrow. Mounds View Planning Commission September 18, 1996 • Special Meeting Page 6 For the development review package, the first resolution is recommending denial if the conditional use permit is not issued because you would not be able to get to the next step of approving the design layout. She added that the only change to this resolution is to add in the drawings. The changes to the last resolution which would recommend approval of the development review included dropping the sentence having to do with the fire department, adding the drawings, and adding an "exit only sign. (Commissioner Obert arrived at 7:40 p.m.) Chair Peterson explained that it was a public hearing and that they would be opening the meeting up for questions and comments from the residents and assured those persons who have already attended the meetings and have made comments that the Commission would definitely take those comments into consideration. He requested, in the interest of saving time, that comments or remarks not be repeated. If there were new remarks or if anyone new was present, they would welcome any comments they had. Mr. Bill Diem of Stahl Construction addressed the Planning Commission. (Donald Kratt, Evangelist for the Minnesota area New Apostlic Church, and Pam Kratt were also present.) Mr. Diem indicated that he has been in contact with the Fire Marshall regarding the issue of the entrance. Mr. Diem, at this time, went over the provisions of the floor plan which he received in his office at 3:00 that afternoon. He addressed the number of pews and how much space would be needed up front in the case of a funeral. He indicated that final plans would be • prepared for the City Council. After reviewing the plans with the Fire Marshall, the applicant Mounds View Planning Commission September 18, 1996 Special Meeting Page 7 is proposing to shift the entrance on County Road H 15 feet to the west to allow better emergency vehicle access which he indicated would be acceptable by the Fire Marshall. He indicated that the landscape plan has been revised and that there are some comments in the resolution for approval that address the issues regarding type of plantings. Mr. Diem explained that this proposal is 42.5 percent green space which is documented through his engineering firm and that if you add in the green space all the way to the curb area, to the south and to the west, the green space would increase to 52.1 percent, and added that the area of the building is nine percent. He continued by comparing the churches in the community, noting that the Cross of Glory is on a lot with 68,737 square feet and that the building is a multi-use building with activities other than church services going on at the same time. He added that the building is 8,000 square feet which is four times larger than the proposed facility and occupies 11 percent of the site. The lot is only 3.2 times larger and has 50 parking stalls which barely meets the requirements. He continued by adding that Church Upon the Rock has a building square footage of 10,400 with total usable square footage of 22,546 square feet. He added that the building is 5 times larger than the one they are presenting and occupies 14 percent of the property and that the lot is only 3.4 times larger and has 41 parking stalls based on their seating capacity. He added that based on the seating capacity that was given to him by the minister, the church is short one-third of their parking. He also informed the Commission that he was in contact with Mr. Kent Smith and Ms. Sue Barkwell of Ramsey County to address the • issue of property value. They researched as far back as they could and found no request or Mounds View Planning Commission September 18, 1996 • Special Meeting Page 8 complaint on value reduction to property where properties abut churches already built or in where churches are proposed. Commissioner Brooks asked Mr. Diem if they had looked at other properties. Mr. Diem replied that they had looked extensively at other properties that were available or vacant, either they were not for sale or they required extensive soil corrections. Steve Borden, 3009 County Road H, asked if there would be a cement wall on the east side of the 10 foot buffer zone. Mr. Diem explained that no, there would not be a cement wall and that it would be strictly landscaping. Rochelle Moon, 6929 Pleasant View Drive, indicated that she was still a little confused with 11111 the parking, the pews and how they come up with the parking requirement. She was also concerned about handicapped persons attending the services who placed their wheel chairs behind the pews and they should be counted to ensure adequate parking for the church and felt that most people in wheel chairs do drive. Mr. Diem replied that there is the metro mobility service available that drops the people off at the church and picks them up. Director Sheldon indicated the if it is the Planning Commission's feeling that more parking spaces are needed, they should estimate the number of places that the area behind the pews represents and devise parking at four to one. She also expressed, that in her experience, she didn't think that the entire area behind the pews would be used for a solid row of wheel chairs. She suggested perhaps one additional space be assigned to that aisle area. Mr. Diem stated that the need for parking for the handicapped individuals is addressed by the handicapped stalls in the parking lot. Mounds View Planning Commission September 18, 1996 • Special Meeting Page 9 Commissioner Brasaemle expressed that he did not think that the issue is whether or not there is handicapped parking stalls because they are required, but rather the total number of parking spaces for the site. Director Sheldon explained that what it may come down to is whether the Planning Commission wants to take the total required based on seating and keep the handicap spaces separate when determining if the total number required has been met. Or does the Planning Commission want to count the handicapped parking stalls toward the total? Commissioner Miller commented that a handicapped person who has a sticker or tag does not necessarily mean they are in a wheel chair and may be sitting in the pews. Chair Peterson noted that it has been the Planning Commission's practice to count the handicapped spaces toward the total required. Victoria Otis-Dretsch, 6928 Pleasant View Drive, indicated that she was not able to attend any of the other meetings but did want to express her concerns about accommodating for future growth. Mr. Diem briefly explained the church's situation on growth and indicated that this issue was addressed at a previous meeting. Doris Friedland, 2925 County Road H, wanted to know how many families were part of the church's existing congregation. Mr. Diem indicated that he did not have the list with him but he believed the number of families to be around 24 and indicated that the average size family is around four persons. Ms. Sheldon explained that the ratio for parking is linked to seating capacity and that it is figured two different ways: if you have fixed seating • (theater type seats) there is one for every four seats and if you have bench-style pews you Mounds View Planning Commission September 18, 1996 • Special Meeting Page 10 take the length of the pew and divide it by 22 inches to get a seat and then take that number and divide it by four. Director Sheldon expressed that the way the Code is written, the plan has enough parking. Commissioner Stevenson inquired as to the maximum height of the steeple. Mr. Diem replied that the steeple height varies with the size of the building. Ms. Sheldon measured the plans and indicated the steeple to be 41.5 feet above the grade. Commissioner Miller asked if it were a request for a single family home would there be restrictions on how large they could build the house? Director Sheldon indicated that the Zoning Code does not have a coverage limit, but we do have setback requirements. Commission Miller indicated that it could be conceivable that a home could be quite a bit • larger than the church proposal. Mike Egger, 6952 Pleasant View Drive, had concerns on what the property is zoned and it was explained that it is zoned residential and that the R-1 district allows churches with approval of a conditional use permit. He also expressed concerns with traffic. Bill Mellon, 6953 Pleasant View Drive, inquired about the fire department issue, and had concerns with the driveway width and the parking lot. Director Sheldon briefly went over the parking plan and how it relates to emergency vehicle access. Dan Moon, 6929 Pleasant View Drive, expressed his concern about how close the proposed parking lot would be to his property and the effects this would have on the value of his home. He also expressed that he believes • this is a gross overdevelopment of the property. Mounds View Planning Commission September 18, 1996 • Special Meeting Page 11 Steve Borden, 3009 County Road H, expressed that he would like the Planning Commission to go along with what City Staff is recommending, that the building is too large and too tall (the steeple), the parking lot is too large for this half acre block, and that the development is grossly oversized for their neighborhood which is green and wooded and he would like to keep it that way. June Eikvar, 6986 Pleasant View Drive, expressed her concern about on-street parking and special events such as weddings and funerals that will be held at the church and was also concerned about the blind intersection coming out of Pleasant View Drive south- bound, looking at County Road H. She was also concerned about the enforcement of fire codes and the issue of snow plowing. • Commissioner Brasaemle inquired that in light of the changes, is it Staff`s position to still recommend denial, and Director Sheldon indicated, yes. Dan Griffen, 2965 County Road H, who lives directly across from the proposed entrance of the parking lot asked if the plan was to cut down all of the existing trees to create the parking lot. Director Sheldon reviewed the landscaping plan and indicated that 6 of the 12 trees proposed to be cleared are 20" oak trees. Chair Peterson explained that the Planning Commission will be making a recommendation to the City Council who would take final action on the request. Chair Peterson closed the public hearing at 8:38 p.m. Motion/Second: Brasaemle/Brooks to approve • Resolution No. 475-96 recommending denial of the conditional use permit request for the New Mounds View Planning Commission September 18, 1996 • Special Meeting Page 12 Apostolic Church to construct a church facility at 3025 County Road H, as amended. Director Sheldon suggested to take the changes proposed in the hand-out and drop the first item related to the Fire Department since the applicant had proposed a way to solve the emergency access problem. Lynn Widseth, 3001 County Road H, wanted to know if the Planning Commission recommends denial and it goes to City Council, what will they do with the information? Chair Peterson replied by saying that one of the Planning Commission's main jobs is to make sure that all issues are explored. Director Sheldon also replied by saying that the City Council receives a staff report along with the Planning Commission's recommendation and a public hearing will be held by the City Council and • they will then make their decision. Commission Brasaemle explained that this decision has nothing to do with the church, its membership or his feelings toward the church. He was recommending denial because of lot size and the fact that the he believes it to be an overdevelopment of the lot that is designated R-1, low density use and he concurs with Staffs recommendation that the height and size of the building do not fit the surrounding area. He also expressed that he shares the concerns with the surrounding property owners regarding the parking lot and its effect on property values, but stated that he understands property values tend not to decrease when there is a church built in a neighborhood. He stated that the parking lot adds an extraordinary circumstance, and that if this were a one acre lot and there were more buffer, he would have no problem with the request. • Mounds View Planning Commission September 18, 1996 • Special Meeting Page 13 Commissioner Brooks was concerned with how the church fits in with the character of the surrounding area. Commissioner Miller stated that she would have to go against this denial because some of the items are fairly subjective and she questioned what is adequate and added that what is adequate for one person may not be adequate for another. She believes that this is a situation where people like things the way they are and don't what to change, but she feels if a property belongs to someone they should have the opportunity to use that property. She believes that the applicant has gone through the criteria and they have met the parking requirements and added more buffering than the Code requires. • Commissioner Johnston stated he believes that it is too intense of a use for the lot and would have no problem with a smaller church. Commissioner Obert disagreed with the denial on the basis that the applicant has done everything that the City has asked of them and believes that they have actually become more accommodating. He felt there has been some precedent already set in Mounds View as far as the property of other churches. He believes something else can be done yet to modify the buffering issue and suggested that more research be done. Commissioner Stevenson does not want people driving into Mounds View asking how did they ever allow a church development like that in Mounds View? He believes there is enough things here that will definitely make him vote for denial of the request. • Mounds View Planning Commission September 18, 1996 • Special Meeting Page 14 Chair Peterson admitted that this has not been an easy case for him to decide and he would like to think of what is best for the City, the neighborhood, and what the rights are of the applicant, and how much have they been willing to change to comply. He is a somewhat concerned about the lot size and the size of the parking lot, but he believes that many things have been done to make it match our Code and he does not believe it to be a terrible thing for the neighborhood. 4 ayes 3 nayes Motion Carried Motion/Second: Brasaemle/Brooks to adopt Resolution No. 476-96 recommending denial of the development review request for the New Apostolic Church at 3025 County Road H. • Commissioner Brasaemle indicated that basically you cannot approve the development review if you do not approve the conditional use permit. Commissioner Brasaemle amended the motion to include the items from the Staff handout. The amendments were approved by the seconder. 4 ayes 3 nays Motion Carried Community Development Director Sheldon informed the Commission and citizens that they will be asking the Council to set the hearing for this case at their next meeting on September 23rd. She informed the residents that those who received a previous notice regarding this case would receive a notice regarding the City Council public hearing and indicated that it is sent to property owners within 350 feet of the subject property. • Mounds View Planning Commission September 18, 1996 • Special Meeting Page 15 There being no further business before the 5. Adjournment Planning Commission, Chair Peterson adjourned the meeting at 9:00 p.m. Respectfully submitted, PIVIAAAL •ek()ALA . Pamela Sheldon Community Devleopment Director • i 4 ' 41. ' 1 t _ ,A<Lt t-/lAJ -- / F- (c Pi• - . , 4 1 �i► , , // ? 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Its judgement shall be based upon (but not limited to) the following factors: • (1) 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, safety and general welfare of surrounding lands, and requires that certain findings be made for ipthe approval of a conditional use permit; and, Planning Commission Resolution No. 475-96 • September 18, 1996 Page 3 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. The proposed plan provides 29 parking spaces of which two are compact size and two are for handicapped. This number is sufficient to meet Code requirements with a limit of 115 seats for the seating capacity of the Church. The size of the parking spaces, number of compact spaces, and drive aisle widths used meets Code requirements. The curb cut on County Road H is 20 feet and the curb cut on Pleasant View Drive is 12 feet, which meet the maximum width of 22 feet allowed in the R-1 district. The Fire Department has indicated that there is sufficient access and maneuvering room for emergency vehicles if the building is sprinklered. The plans meets the numerical and dimensional requirements of the Code. They do not meet the requirements of Section 1103.08, as is stated under c. above. e. Adequate off-street loading and service entrances are provided and regulated where applicable by Chapter 1122 of this Title. • Off-street loading is not required for this type of use or size of building. f. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met (This section is quoted below.) Adverse Effects: The Planning and 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) The geographical area involved. (3) Whether such use will tend to or actually depredate the area in which it is proposed. (4) The character of the surrounding 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. Because the lots are large, the typical building coverage is low. The applicant's proposal would be a more intensive use of the lot than is typical of the neighborhood. At the size proposed, and with coverage of 61% of the lot with impervious material, the proposal is out of character for the neighborhood and does not meet this criteria. The applicant has testified of the difficulty encountered by his clients in trying to find vacant property which would allow development of a church near to where most of the • church members live. The church congregation includes members who live in the Mounds View area. There appears to be a demonstrated need for the use. Planning Commission Resolution No. 475-96 • September 18, 1996 Page 5 are much lower to the ground and have smaller building footprints. The applicant has provided a 10 foot wide landscaped buffer along the east property line, and a buffer area ranging from 10 to 24 feet along the north property line, between the parking lot and the adjacent single family residences. The buffer areas are less than is typical of other Mounds View churches. The range for buffer areas between parking lots and adjacent residential uses is 14 - 63 feet with the typical width at 30 feet. The type of landscape material proposed will not provide an effective screen at least eight feet in height. Parking lots are not typical improvements in the R-1 single family residential district and represent a more intensive use of property than is typical for this district. Testimony has been received from adjacent property owners that the proposed plan will have an adverse effect on the enjoyment of their property due to the closeness of the parking lot to the property line, and that a landscaped buffer area of at least 15 feet in width is needed to provide an adequate buffer. Criteria (2) and (3) are not 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 in residential districts. 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. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. According to the Zoning Code, "the purpose of the R-1, single family district is to provide for low density single-family detached residential dwelling units and directly related, complementary uses." Churches are allowed in the R-1 aistrict but require approval of a conditional use permit. Churches, therefore, are regarded as complementary uses which require special, discretionary review. The R-1 district is intended for low density, i.e. low intensity uses. There is insufficient room on the property to meet the parking requirements and provide the type of buffer between the parking lot and the adjacent residences which is typical of other churches in Mounds View. The proposed church development, with a building of 4,108 square feet on two levels, with a building footprint of 2,054 square feet, and a 29-space parking lot, does not fit with the surrounding single family residential neighborhood. This criteria is not met. s MOUNDS VIEW PLANNING COMNIISSION • RESOLUTION NO. 476-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING DENIAL OF A DEVELOPMENT REVIEW REQUEST FOR Tk1I NEW APOSTOLIC CHURCH TO CONSTRUCT A CHURCH FACILITY AT 3025 COUNTY ROAD H; PLANNING CASE NO. 452-96 WHEREAS, the New Apostolic Church has requested City approval for a development review to construction an approximately 4,050 square foot church building and associated parking lot on property at 3025 County Road H; and, WHEREAS, Chapter 1006 of the Mounds View Municipal Code requires that a development review be conducted for this and similar proposals; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this development review request: 1. Project Location Plan / Rio Architects; September 11, 1996 2. Grading and Erosion Control Plan / Pioneer Engineering; September 11, 1996 3. Planning Application dated 7/15/96 4. Staff Report dated September 4, 1996 with attachments listed on pages 1 & 2 5. Staff Report dated September 18, 1996 with attachments listed on pages 1 & 2 6. Letter from Mark Bishop, Fire Marshal, Spring Lake Park/Blaine/Mounds View Fire Department dated September 4, 1996 and September 6, 1996 8. Letter from Sweeney, Borer & Ostrow dated September 4, 1996 9. Letter from the New Apostolic Church, Minneapolis Congregation (9/8/96) WHEREAS, the Mounds View Zoning Code requires approval of a conditional use permit for the development of a church in the R-1 single family residential district; and, WHEREAS, the Mounds View Planning Commission has made findings that the application from the New Apostolic Church does not meet the required criteria for issuance of a conditional use permit for a church on this property. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission does hereby recommend to the City Council of the City of Mounds View that the development review for development of a church facility at 3025 County Road H as presented by the New Apostolic Church in its plans dated September 11, 1996 (project location and landscaping / Rio Architect; grading and erosion control plan/ Pioneer Engineering) and the elevations and details ill from the construction drawings prepared by LRK design group (sheets L-2, A-2 and A-3) be denied. MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 477-96 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING LOT WIDTH VARIANCE REQUEST BY THE MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY FOR 8265 SPRING LAKE ROAD; PLANNING CASE NO. 455-96 WHEREAS, The Mounds View Planning Commission has reviewed the request of the Mounds View Economic Development Authority(EDA) to allow a 20 foot reduction in the required lot width of 100 feet 8265 Spring Lake Road; and, WHEREAS, this property is a corner lot in the R-1 district; and, WHEREAS, it is the intent of the Mounds View EDA to redevelop this property by demolishing the existing single family home and making the lot available for the construction of a new single family home; and, WHEREAS, the Planning Commission has reviewed the criteria used to evaluate variance requests; and, • WHEREAS, the applicant presented a hardship statement to the Planning Commission stating that the lot was platted in 1939 with a lot frontage of 80 feet, no vacant or undeveloped land is available which could be used to remedy this situation, a single-family home currently exists on the property and the use of the property for a single family home is typical of lots in the R-1 district; and, WHEREAS, exceptional or extraordinary circumstances exist due to the size of the lot which was platted in 1939 and these circumstances were not caused by the applicant; and, WHEREAS, the literal interpretation of the provisions of the Municipal Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Municipal Code in that no building permit could be issued to the property and it could not be used for the construction of a single family home, and, WHEREAS, granting the variance would not confer special privileges on the applicant that are not enjoyed by other property owners in the same district in that the typical use of properties in the R- 1 district is for single family residences; and, WHEREAS, the variance requested is the minimum necessary to alleviate the hardship, based on the existing width of the lot; and, WHEREAS, the variance would not be detrimental to the purposes of the Zoning Code or to other properties in the R-1 district in that it would allow development of the property for a single family residence which is the express purpose of this zoning district; and, 40 • (NOT ADOPTED; see Resolution 475-96) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 480-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT REQUEST 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 requested City approval to construct an approximately 2,054 square foot church building and associated parking lot on property at 3025 County Road H; and, WHEREAS, this property is in the R-1 single family residential district, which requires the approval of a conditional use permit for the development of church facilities; and, WHEREAS, the purpose of the R-1 single family residential district is"to provide for low • density single-family detached residential dwelling units and directly related, complementary uses; and, WHEREAS, the purpose of conditional use permits is "to provide the City with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and welfare; and, • WHEREAS, Section 1106.04 Subd. 1 of the Mounds View Municipal Code allows churches in the R-1 district provided certain conditions are met; and, WHEREAS, Section 1125.01 Subd. 1.e. of the Mounds View Municipal Code requires the Planning Commission to consider possible adverse effects of the proposed conditional use. Its judgement shall be based upon (but not limited to) the following factors: (1) 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.b. of the Mounds View Zoning Code states 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, safety and • Planning Commission Resolution 480-96 September 18, 1996 Page 3 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. The proposed plan provides 29 parking spaces of two are compact size and two are for handicapped. This number is sufficient to meet Code requirements with a limit of 115 seats for the seating capacity of the Church. The size of the parking spaces, number of compact spaces, and drive aisle widths used meets Code requirements. The curb cut on County Road H is 20 feet and the curb cut on Pleasant View Drive is 12 feet, which meet the maximum width of 22 feet allowed in the R-1 district. **The Fire Department has indicated that there is sufficient access and maneuvering room for emergency vehicles if the building is sprinklered.** The plan meets the numerical and dimensional requirements of the Code, and the requirement for adequate screening and buffering from surrounding and abutting residential uses as is stated under c. above. (**Staff is checking on this statement) e. Adequate off-street loading and service entrances are provided and regulated where • applicable by Chapter 1122 of this Title. Off-street loading areas are not required for this type of use or this size of building. f. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. (This section is quoted below.) Adverse Effects: The Planning and 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) 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 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 by deep, oversized lots and mature trees. The applicant has preserved a number of the mature trees on the site and added 24 evergreen trees and 10 deciduous trees in the buffer areas bordering adjacent residential lots. These trees when mature will create a wooded effect on the lot which is in keeping with the rest of the neighborhood. This criteria is met. • Planning Commission Resolution 480-96 September 18, 1996 Page 5 (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The proposed church will have a building footprint of 1027 feet, which is within the range of a single family house, and will provide adequate screening and buffering to adjacent residential properties as noted in c. and f. above. Criteria(2) and (3) are 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 in residential districts. 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 close to their homes. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the purposed use. According to the Zoning Code, "the purpose of the R-1, single family district is to provide for low density single-family detached residential dwelling units and directly related, complementary uses." Churches are allowed in the R- and, therefore, are regarded as complementary uses in residential neighborhoods. There is sufficient room on the property to meet the parking requirements and provide adequate screening and buffering between the parking lot and the adjacent residences. This criteria is met. WHEREAS, the Planning Commission does hereby find that the conditional use permit request as submitted by the New Apostolic Church for 3025 County Road H meets the criteria set forth in with Section 1106.04 Subd 1. and Section 1125.01 in their entirety. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission does hereby recommend to the City Council of the City of Mounds View that the conditional use permit for development of a church facility at 3025 County Road H as presented by the New Apostolic Church in its plans dated September 11, 1996 (project location/Rio Architects; (grading and erosion control plan/Pioneer Engineering)be approved with the following contingencies: • . Planning Commission Resolution 480-96 September 18, 1996 Page 7 than 100 square feet. In calculating the signage on the building, the crosses shall be included. The plans shall include a note as to the method and level of illumination for the signage, and a statement as follows: "Signs shall be allowed at the size and location as shown on this plan, and 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. No other signage is permitted on the site, except as otherwise allowed by the approved conditional use permit for this site." 7. The permit holder shall be permitted a temporary 2'6" x 8 foot sign announcing "The future home of the New Apostolic Church" which may be ground-mounted 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 (a triangular area with legs 30 feet long along each property line abutting these streets.) The sign shall face County Road H. 8. 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 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 lights on the property shall be limited to four, with two on the east side of the building and two on the north side. 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. Site lighting shall only be turned on from an hour before evening services to an hour after evening services. Lighting for signage on the east and west side of the building shall be turned off after nine o'clock PM. 9. Prior to issuance of any grading or building permit, 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 115-seat capacity in the church building. 10. 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 from the Fire Department and the Building Official, prior to the issuance of any grading or building permit. • • (NOT ADOPTED; see Resolution 476-96) MOUNDS VIEW PLANNING COMIVIISSION RESOLUTION NO.481-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A DEVELOPMENT REVIEW REQUEST 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 requested City approval for a development review to construct an approximately 2,054 square foot church building and associated parking lot on property at 3025 County Road H;and, WHEREAS Chapter 1006 of the Mounds View Municipal Code requires that a development review be conducted for this and similar proposals;and, WHEREAS,the Planning Commission has reviewed the following documents regarding • this development review request: 1. Project Location Plan/Rio Architects; September 11, 1996 2. Grading and Erosion Control Plan/Pioneer Engineering; September 11, 1996 3. Planning Application dated 7/15/96 4. Staff Report dated September 4, 1996 with attachments listed on pages 1 &2 5. Staff Report dated September 18, 1996 with attachments listed on pages 1 &2 5. Letter from Mark Bishop,Fire Marshal, Spring Lake Park/Blaine/Mounds View Fire Department dated September 4, 1996 and September 6, 1996 6. Letter from Sweeney,Borer&Ostrow dated September 4, 1996 - , • • • •• - . : •• •1' hurc Minnea•olis Con el•tion 9/8/96 WHEREAS,the Mounds View Zoning Code requires approval of a conditional use permit for the development of a church in the R-1 single family residential district; and, WHEREAS,the Mounds View Planning Commission has made findings that the application from the New Apostolic Church meets the required criteria for issuance of a conditional use permit;and, S • Planning Commission Resolution 481-96 September 18, 1996 Page 3 Landscaping 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 sufficient to buffer the adjacent residential properties. Species of plant materials are suitable for the site and climate conditions. Signage The signage plan is shown on elevations prepared by LRK design group and on file with the Community Development Department as of August 29, 1996. The signage with the revisions required by the contingencies stated in this resolution is acceptable. The contingencies limit the overall total signage on the site to 100 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 specifications stated in the contingencies,be submitted and approved by the Community Development Director prior to issuance of any grading and building permits. NOW, THEREFORE,BE IT RESOLVED that the Mounds View Planning Commission does hereby recommend to the City Council of the City of Mounds View that the development review for development of a church facility at 3025 County Road H as presented by the New Apostolic Church in its plans dated September 11, 1996 (project location/Rio Architects)and September 11, 1996 (grading and erosion control plan/Pioneer Engineering)be approved subject to the following contingencies: 1. The granting of this development review 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 development review. In no event shall any building permits be issued until such time as the wetland alteration permit has been granted. 2. Prior to City Council action,the landscaping plan shall be revised as follows: a. Remove White Cedar(Arborvitae)as a plant material and substitute Black Hills Spruce. 4111 b. Change the word"sod"to"grass lawn"and add a note which states"The areas shown as grass lawn shall be prepared using a sandy topsoil to Planning Commission Resolution 481-96 September 18, 1996 Page 5 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 lights on the property shall be limited to four,with two on the east side of the building and two on the north side. 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. Site lighting shall only be turned on from an hour before evening services to an hour after evening services. Lighting for signage on the east and west side of the building shall be turned off after nine o'clock PM 8. Prior to issuance of any grading or building permit,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 115-seat capacity in the church building. 9. Approval of this site layout is dependent on sprinidering 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 from the Fire Department and the Building Official,prior to the issuance of any • grading or building permit. 10. Prior to City Council action on this item,the applicant shall revise the grading and erosion control plan to show all of the existing trees on the site. The applicant shall revise the title of the landscaping plan so instead of being labelled"grading and erosion control plan" it is labelled"landscaping plan". 11. Approval of this development review shall include the site layout and landscaping plan, dated September 11, 1996,the grading and drainage plan, dated September 11, 1996,and any plans approved by the City as required by the contingencies on this permit. BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 18th day of September, 1996 Jerry Peterson, Chairperson ATTEST: Pamela Sheldon • Community Development Director