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HomeMy WebLinkAboutPlanning Commission Resolution 480-96 . . . (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 CD URCH 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-l 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-l 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 2 general welfare of occupants of surrounding lands, and requires that certain findings be made for the approval of a conditional use permit. WHEREAS, the Planning Commission has reviewed the following documents regarding this conditional use permit 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. Stafr 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 7. Letter from the New Apostolic Church, Minneapolis Congregation (9/8/96) WHEREAS, the Planning Commission 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: a. Front yard depths shall be a minimum ofiliirty fivc feet (35'): Complies. b. Side yards shall be no less than thirty feet (30'): Complies. c. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 1103.08 of this Title. (A copy of this Section is attached.) The applicant has provided adequate screening from abutting residential uses by including landscaped buffer areas along the north and east property line. The buffer areas along the north side measure between 10 and 24 feet, with the widest buffer in the area of most concern to the adjacent property owner. The buffer area along the east side measures 10 feet and abuts a wooded area on the adjacent property owner's lot. The adjacent property owners home is 64 feet from the common property. The applicant has provided a combination of evergreen and deciduous trees in these bl;ltrer areas. This criteria is met. . . . Planning Commission Resolution 480-96 September 18, 1996 Page 3 d. Adequate off-street parking and acccss is provided on thc site or on lots directly abutting or directly across a public strcet to thc principal use in compliance with Chapter 1121 of this Title and that such parking is adequately screened and landscaped from surrounding and abutting rcsidential uses in compliance with Scction 1103.08 of this Titlc. 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. (**S(a[[ is checking on thi... statement.) e. Adequate off-strcet loading and service cntrances are provided and regulated where applicablc by Chaptcr 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 ll25.01(l)e of this Title are considcrcd and satisfactorily mct. (This section is quotcd below.) Adverse Effects: The Planning and Zoning Commission shall considcr possible adverse cffects of the proposed amendment or conditional use. Its judgmcnt shall be based upon (but not limited to) the following factors: ( I) Relationship to the Municipal Comprehensive Plan (2) Thc geographical area involved. (3) Whether such use will tend to or actually dcpreciate the arca in which it is proposed. (4) The charactcr of the surrounding area. (5) Thc dcmonstratcd nccd 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 4 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. WHEREAS, the Planning Commission 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) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. (7) The use will not cause traffic hazards or congestion. (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. The New Apostolic Church proposed to hold Sunday School at 8:45-9:30 AM and two Sunday church services: 10:00-11:00 AM and 5:00-6:00 PM. The Church also holds a Wednesday evening service from 8:00-9:00 PM. The current congregation is approximately 55 people. Because the use is a church, rather than residential homes, it is not anticipated to create a demand on parks or schools. Both water and sewer service adequate to support this use is available to this site. The site is served by two streets, County Road H and Pleasant View Drive. Given the limited number of services, and the size of the congregation, the amount of traffic is anticipated to be low and will occur on weekends or evenings rather than during peak commute times. The City Engineer has reviewed the applicant's drainage proposal and has indicated that the rate of runoff should not be a problem and the grass treatment areas will provide sufficient water quality treatment. Drainage will now be directed to County Road Hand will flow through grassed areas to allow sediments to percolate before runoff water leaves the site. Recommendations from the City Engineer that the grass treatment areas be seeded rather than sodded are addressed as a contingency in the resolution on the development review. The Rice Creek Watershed District has indicated to staff that a permit from them is not required. The proposal meets the criteria (1), (7) and (8) stated above. . . . Planning Commission Resolution 480-96 September 18, 1996 Page 5 (2) The use will be sufficicntly compatiblc or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be dcpreciatcd in valuc and there will be no deterrence to development of vacant land. (3) Thc structure and site shall have an appearancc that will not havc an adverse effect upon adjaccnt 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 usc, in the opinion of the City Council, is reasonably relatcd to the overall needs of the City and to thc existing land usc. (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) Thc use is consistcnt with the purposes of the Zoning Code and the purposes ofthe zoning district in which the applicant intends to locate the purposcd 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 ] 8, 1996 Page 6 ] . 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. 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. 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 increase the permeability of the soil and improve its ability to filter sediments from runoff These areas shown as grass lawn shall be seeded rather than sodded for the same reason. c. The height specified for trees, including evergreen, deciduous and ornamental, shall be 6-7 feet. d. Six Black Hills Spruce shall be substituted for the three Austrian Pine and the six White Cedar along the north side at the east end of the property. 3. Prior to City Council action, the applicant shall obtain approval from the Fire Marshall that the site layout meets Fire Department requirements for emergency access. 4. 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). 5. The auditorium contains bench-style pews. The seating capacity in the church auditorium shall calculated based on 22" of bench space for each seat. The seating capacity shall be limited to ] 15 seats. Any increase in seating capacity shall require the approval of an amended conditional use permit by the City of Mounds View. 6. Prior to City Council action, the applicant shall revise the plans to show the plaque announcing the schedule of services. The applicant shall also reduce the size of the signage shown on the plans so the total square footage of all signage is no more . 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 otl' after nine 0' 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 11 S-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. . . . . Planning Commission Resolution 480-96 September 18, 1996 Page 8 11. 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". 12. Approval of this conditional use permit 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. ATTEST: Adopted this 18th day of September, 1996 Jerry Peterson, Chairperson xxxxxxxxxxxxxxx Pamela Sheldon Community Development Director