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Home My WebLink About2013-03-20 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 3/20/13 . " PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR *�********************************************** COUNCIL ACTION REQUEST: Consider approving the following: 1. An amendment to the current conditional use to allow a 4,776.8 square foot addition to the existing religious institution structure at 8944 Indahl Avenue South. 2. A variance to allow the addition to be setback 40 feet from the property line along Indahl Avenue instead of the required 50-foot setback. 3. A variance to allow for off-site parking. STAFF RECOMMENDATION: Adopt the resolution approving the following: 1. An amendment to the current conditional use permit to allow an addition to the existing religious institution structure at 8944 Indahl Avenue South. 2. A variance to allow the addition to be setback 40 feet from the property line along Indahl Avenue instead of the required 50-foot setback. 3. Approve a variance to allow for off-site parking. ADVISORY COMMISSION ACTION � PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ DATE 2/25/13 REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS � MEMO/LETTER: Memo from John M. Burbank dated 3/13/13 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from unapproved minutes of the 2/25/13 Planning Commission meeting ADMINISTRATOR'S COMMENTS: � (� Ci y Administrator Date ************************************************ COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage � Grove � Pride andP�OSPerity Meet TO: FROM DATE: RE: Mayor and Members of the City Council Ryan Schroeder, City Administrator John M. Burbank, Senior Planner March 13, 2013 The Alley Church — Conditional Use Permit Amendment for an Addition, Front Setback Variance, and Off-site Parking Variance Proposal The Alley Church has applied for an amendment to the current conditional use permit for the property located at 8944 Indahl Avenue South to allow for a 4,776.80 square foot addition to the existing religious institution structure, a variance to allow the addition to be setback 40 feet from the front property line instead of the required 50-foot setback, and a variance to allow for off-site parking. The proposed addition is for a new worship space. � � L � �T � ��,�F�' j�.; � ,� , � ,t� �. . �-�.:�,. ��--.. 1 ,/^.`. 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Pictometry Site Map Location Map Honorable Mayor, City Council, and Ryan Schroeder The Alley Church — CUP Amendment and Variances March 13, 2013 Page 2 of 13 Commission Recommendations The Planning Commission held the public hearing on the amendment to the existing conditional use permit to allow an addition, the front setback variance, and the off-site parking variance at their meeting on February 25, 2013. No one addressed the Commission during the public hearing. The Planning Commission unanimously (5-to-0 vote) recommended approval of the applications. Property Characteristics The 2.69-acre site currently has one principal structure and one detached accessory structure. There are a variety of mature trees and shrubs on the site due to the age of the original devel- opment of the property. One existing mature 24-inch diameter locust tree would be impacted by the proposed addition. The property located at 8924 Indahl Avenue is the former parsonage for the property, but it was subdivided and sold many years ago. The applicant is working with staff to update the landscaping on the site in areas disturbed by the project and in accordance with ordinance criteria. The site currently has full driveway access points on Indahl Avenue and 90th Street. . , , ` `, ; ; �Z ; ` _ ' � � Y. � . ` •� � i _ \+ �.'t � ' xs - 4 � � � � �,, ,�, •� - 1 � `;" � � �. .:: � 8 ••. , � `�'; �: �. ..�, ,�,� ,• � �� , y � ,. rL , I I �, . 4 i � � � . .� ' � I • � �� ' � � �� -� . . � . . � `�� ! � �� • ' , r I '' _ if �� { � �. �- �r ' �r �� , -- S � I �� ,, :, � � �," _ 1 � , ��I ,�,�' - � r a� �1�• � `�: „ 1k ; � . . .. . ` � ! ,1,,, ` + - . � i , R •� I � � � •� `. ��'1 � *')� . a^� .. : :; . : � ' � '• � ��af ,.}., , , 6:, � '.� 1� � '� "4 `� �� : •� `� -�; '� i .f ., � � ► � .: � � , Q�, . :. 894 � � �� '1 ' _ �� 3 fi � � ''� � �' _ , � . � '' � � �; _ , � ,..�� Q ,�� .�. : . .� , � , , __ a �, . �� , '� �- �4; . ��,, �, ' ; . c, i `C�. , , . . . � �� .� _ .� - , �!,. �' �, , i: ' 1'r ! �.', � , �. t ' �• • : ,� ,� � , ' '. . . � 0 �` �. . . � _ a : <<,� i �� ,1 , . : ' � .. � ,� � . : � i .�� - I TE ,�� ; - .s; � .� � _ . . �...�.�� __ - � o _ . , � 9 TH ST S , r a . �� ;. �t � � i �f 1 4 . -' ! — - -! ,� ' , 1 Existing Site Photo Honorable Mayor, City Council, and Ryan Schroeder The Alley Church — CUP Amendment and Variances March 13, 2013 Page 3 of 13 a ,�. �`�`�--_ � .k �;:� .��: , �.�� _- _�� Proposed Addition Oblique Schematic — Southeast Side � � � �� ,. L ( � _�__ ------. _ f ' I � �.�.r��r�r�a� Proposed Addition Oblique Schematic — Northwest Side Honorable Mayor, City Council, and Ryan Schroeder The Alley Church — CUP Amendment and Variances March 13, 2013 Page 4 of 13 Site Plan The proposed 84-foot by 56-foot addition is highlighted in the details below. s�ir.rcw,vr�a: nv'rs .uuc e�pe-rrm.amscu THFAl.LEyCHUl2CH , •y-r } •��. �v,., R . '��,�.,; Fn'wm.acss :, � - • � s, .� ..i�` w. . . ...��..�-< �.�...� .., v. ..,._�.��..-,n�.. . Wd an - - ,.. - ,,,.o.�� -_1__ -----L-----J-- �; � ,.,:, ..._, ._,. ,..., w_,.._......,. d .._., �v . a.,. ,. .__ �. � P.::� ,o•...��.>..... u . ; .� ... _ .l, ...e, �, .. �,___,-- ,. _. _— _t:� - __—_ —. . _ ..— �-- . � �+`T"� � _ $ .., INOAHL... AYElNE .. �SW�H ... �.. y •.`{�: e:..w.m�.. a. ` /J� I� �� ""'•f�:: _ --_�. 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Proposed Site Plan The Building Division reports that the building code classification of the proposed addition is A-3, which would allow for a maximum capacity load of 310 people. A 310-occupant load with an A-3 occupancy requires an automatic fire suppression system and fire alarm system. Proposed Site Plan — Detail Honorable Mayor, City Council, and Ryan Schroeder The Alley Church — CUP Amendment and Variances March 13, 2013 Page 5 of 13 Proposed Addition Elevation Schematic The views of the proposed site from the east, west, north, and south are shown below: NEtU �ANGUARY BPAGE----� 6 r E�871NG HLDG� f W@St �NEUI 9ANGUARI' SPAGE .�` — - E�STihlCs 6fl.C)G.--- ` �•E>d971NCs 6LDG- --� �� - m... w\ North r�r� . East Honorable Mayor, City Council, and Ryan Schroeder The Alley Church — CUP Amendment and Variances March 13, 2013 Page 6 of 13 I�;EUJ SANGUAfZY SPAGE----.._ --E�USTING 5L[7G E7d3TI1.G BLDG ---` -� �� South Background The property was used most recently as the Yeshiva School. The conditional use permit amendment for that use was granted in 2006 (Res. No. 06-124). The use prior to Yeshiva was the Eagle Grove Baptist Church. The original structure was constructed prior to the requirement of a conditional use permit. In 1983, a CUP was approved for an addition to the original building (Res. No. 83-37). Planning Considerations Site Layout and Operation There is an extensive green space area located in the northwest corner of the site that has his- torically been utilized by the tenants for outdoor recreational activities. This use would continue in a similar fashion. Outdoor worship/gathering events would be allowed on a limited basis and would be subject to the standard City and State noise rules. If the City receives any warranted noise complaints related to outdoor use of the site, the conditional use permit could be subject to additional review and action by the City Council. Current Building Architecture The following photos show several views of the structures currently located on the property. View from Indahl Avenue looking west View from 90th Street looking north Honorable Mayor, City Council, and Ryan Schroeder The Alley Church – CUP Amendment and Variances March 13, 2013 Page 7 of 13 Building Architecture The construction material proposed for the addition currently is in compliance with the City's architectural control standards required in the ordinance. The current structure is not required to be modified as a component of the application. The Applicant has indicated that future site im- provements will most likely include modifications of the current structure to be similar in mate- rials to those proposed with this application. The table below breaks down the ratios of proposed exterior construction materials. Exterior Construction Material Comparison Table Class 1 Class 1 �•e1 Re Used �'fatzrial Remauider n• North ��-a11 C011lll1011 IO EY1Stll1� n�'a ii'a Painted exposed L�ss than 100 sq.ft. uot �•isiUle fi�oin stnichire a^��e�ate panel an}� side. South «-a11 2?' 10" x 56'= 1279 sq.ft. 767 sq.ft. 712 sq.ft. Stone reueer Painted esposed ag�a•e,ate pauel East ��-�11 22' 10" � S8'= 2009 sq.fr. 1205 sq,ft. 1232 sq.ft. Stoue ti•eueer Paurte<t exposed a��•e�ate panel Z��est ��all ?2' 10" � F8'= 2009 s.ft. 1205 s.ft. 1232 s.ft. Stone z•eueer Paiirted ex �osed a,�e�ate anel E�st Euti}� 19'4" � 12'0"= 232 sq.ft. 139 sq.ft. 219 sc7.fr. Gl�ss storefi•ont Vllly sid'ui, to uiatch e�istiuo. Total: 5529 sq.fr. 331 i sq.ft. 3395 sq.fr. While the required construction material ratios are being met, the Applicant was requested to incorpoarate additional undulations or patterns in the wall designs given the massing of the building. Proposed Stone Veneer Exam - - - r ; yF , _.� ;��— � �„� �•� ,� � � f • , , { ,�,�� ,�� i . .�!' � i i f �. � + . � i ��'�� f � , J— _ . �� e �'i"'�' � "^`� —��+ a .�r �. j . . � '� .t t . . � - . — �- . ', _ � � i � s - . . � r _.,, . . . . . t . t-�� -. . . ' . � `y( �± _ � 'a.nr+ i � � ••�er � �� F . - � � � � � ��- >; � ' � j,� � � �..�•-- � � � �� s � �. � -� —�� *° � � .�� .� �.'.� `"�"_��,�� ;�; t � , �. f � _ . .. �� , _� � �� —� � , : l� a y � � ��°�` � E - — - � �` --. �°,: , � : ' �. _ � -. _ - - - . I � � � � � +� ��_ � - -� _ � � � �� . iir� . _..._ ��,:� __ r ,� c�� :;�:�� .— Y±t� , , ��. > r`h f s �, + '� � �'�F , ` .� �.�� ,.�. � - „i � _ j !1 S V I ; ----�-� � ==�� :.° _ � � � -�'A:c � _ � �;��; , � f ��.� y I � �� f� 'i , � . � a �r �� h [• a � ,� � f� -�.' �� •��-i Honorable Mayor, City Council, and Ryan Schroeder The Alley Church — CUP Amendment and Variances March 13, 2013 Page 8 of 13 , '� r ;� : , , , , � , , �, : , , , �� , ,, , � � �='{ � t � r �� -� 1 S�-1 j �7i '�! 1 ! ' t El:, 1�. <I I t.�� 1: � , I, � z� �� at � � il' - _� .y1} ��'� ' - - � �5�� ''� �, � � �F�, 'j�_ �" � � µ �� ,�' � �'�` _ !.� ` i �' � �,t� ; �rrfi-yi .�` L7 �� F a'. t 1 '�:. , 7 .. � r� '„ y -4 e �� - . . . .- ,�':.. r � - - �' �: ( - .f �.t _ � ! 4� .•' - '7��..�. r�� ; � �'� `:� _ , ; i �. � . ._ - _ _ �nr,r. i _,�' ,,. �.' �` n , �� - , P �' ..5r� . . • . . - L��' ��.+sa,a- : r - � • - .:� � - j , � _ : � �� j . r ; . ; ;,�� - � t� �. - _ ��F— '�. � � ; � , P `.�,?. � . -_--,��' `'"'`` � � _ , ' - � t -_ i � _ - � -�#� _ —�-�_��-�� ,� ` ''� � � � �--�' . - � � -� ` •.:� I �, � �' �i _ ' .�''�. -�R.,..� �. .�._ J F _ A� �� ' �� . - a . Y� ��>� '�- _` � 1 '`�y �� '� � � lP '�:.� . 1 A �� - 'f`� '� �-i_� ��' � �" y � - �W�. y I ~ �� . � -. '4 1 R . ! 4 y.tc. ' t -- `-'^.ti�� .. f,�a ." � .� '-'�' �� ''•�! � `� � ,' � i - '� ��.�.. � � -.1 T�l.� _ . _ { �� ' �� y�y �•� � � ' b� � ti. '. . I 3�� #� , ' . ' ;�; _ •� � s= ' t r "` __ � ��= � . y' �� ; r� � . � , � � � � � r . �:.� :� - -� � The elevation details below identify the exterior design composition and material distribution. Honorable Mayor, City Council, and Ryan Schroeder The Alley Church - CUP Amendment and Variances March 13, 2013 Page 9 of 13 � --- --- � � _ i_— - _--- , , � _._-- ' __ _- , ; ,_ ----- �,� f. :,'1 "° . . �.: 1 � ` I 1. , ... . �! j .,' 'ir�ef' � i ._ I � �r�4. " _. I � � . j : � +; . - y 4 -—� __ .1. li� � � - .t � � _ .- y � . �. _ — — - —_ _ " F .fi �1 � 1 .L' - _ ' - � ,�� ' � '� � , i'"' _ _ ,� _ _ � Il�t ; �-- . _.�� - e � T .� „ � , _ _ _ _ � _ _ t : a�i ��' _ _' _. . _`- - — . n�" . _ . - . . ._ . _ _ — . . . . . . . _ - . .. . --- —� a �� - - ��._ �' 1 SE Corner 12" = 1'-0" Setbacks The current City Code requires a 50-foot setback for all structures within this use classification. The current structure is 34 feet from the east property line at the nearest point by the new en- trance. The proposed use would be 40 feet at the closest with the majority of the proposed structure setback at 51.7 feet of the east property line. All other setbacks of the existing and proposed addition are in excess of 50 feet. The applicant is seeking a variance from the estab- lished setback requirements to allow for the reduced setback of 34 feet as depicted on the site plan. Based on review by the City's Technical Review Committee, the setback variance was found to be conditionally supportable. The findings for approval of the variance are included in the attached draft resolution. Land Use and Zoning The property is guided Residential and zoned R-3, Single Family Residential. The current and proposed expanded use is consistent with permitted and conditioned uses within these classifi- cations. Hours of Operation/Noise Religious institutions are permitted conditional uses within residential districts. The City has historically found that the daily activities of these permitted uses generally do not negatively im- pact the neighborhoods they are located in. The Alley Church has been operating from their current site without incident and expect to operate in a similar fashion at this proposed location. If there were to be any neighborhood nuisance issues, the standard City and State noise rules will be applicable to the site. If the City receives any excessive warranted complaints, the condi- tional use permit could be subject to additional review and action by the City Council. Honorable Mayor, City Council, and Ryan Schroeder The Alley Church — CUP Amendment and Variances March 13, 2013 Page 10 of 13 Parking There are currently 53 parking spaces on the site, four of which are handicap accessible. Based on the reported occupancy loading of 310, an additional 88 parking spaces are required by or- dinance. The Applicant is seeking a variance from the parking standards to allow for off-site parking on the School District property located to the south of 90th Street. They currently have approval from the School District for this off-site use. A similar cross-parking agreement be- tween the Country Inn Suites and the School District has proved to be a functioning alternative to requiring additional impervious surFace. An additional berm cut and trail connection would be installed along 90th Street by the Church as a part of the expansion project. Based on the review by the City's Technical Review Committee, the parking variance was found to be conditionally supportable. The findings for approval of this variance are included in the attached draft resolution. Surface Water Management The Applicant has been working with the Washington Conservation District to include rain water gardens to address the additional runoff created by the increase in on-site impervious surface. This cooperative effort includes a grant that is funded through the State Clean Water, Land, and Legacy Amendment program. The latest details on this component of the proposed expansion are being reviewed by the City's consulting engineer. Prior to City Council review, the surFace water management plan for the site shall be finalized and addressed on site in accordance with plans approved by the City Engineer. An off-site ponding fee that is calculated at the time of building permit shall be paid if on-site treatment is not feasible. Rain Garden Detail Honorable Mayor, City Council, and Ryan Schroeder The Alley Church — CUP Amendment and Variances March 13, 2013 Page 11 of 13 Landscaping The existing vegetation can be viewed on the photo of the existing site on Page 2 of this report. Additional landscaping is proposed on the site as a result of the new construction and in con- junction with the stormwater management design for the site. The Applicant is working on add- ing additional landscaping along the east side of the building perimeter. These drawings will be included in the City Council packet. �` � _, �,�,� � �� °h �= �� x �� 3 : #'� ' �. � �, ._ w:� . �:; � : �� °r � � � a;3� t �- ��., ,�_ r r' �' ' ' „�_� _. �rv ¢, � '`'�� Ii +Ib �r . 6 � �� ,� � _. � .. � � , �,_ � , � •..�,, s � r �. � r� � � �� ; , ; r : �`� M 4 ;e ti . r :; 4 a.4 � c 9 ��.x i E Y �' � � � '�� ,� ,€ 4 ., �. � � �. .,.a a .:. r,. , „� ...: � . [Ig x, . � � � � Screening The only screening that is required as a result of the application will be for the rooftop mechani- cals. The Applicant has indicated that they will work with Building staff during the building permit process to ensure that all rooftop mechanicals are screened in accordance with ordinance cri- teria. The final design will be reviewed and approved by the Community Development De- partment. Pedestrian Access A four-foot wide private sidewalk linking the new addition and 90th Street is proposed along Indahl Avenue. It is recommended that the sidewalk be extended to the parking area to the north. Waste Management The applicant has indicated that the trash containers for the site will be stored in the existing detached accessory structure, and that waste and recycling removal from the site would be �� ,�� .�� :; �.��, Honorable Mayor, City Council, and Ryan Schroeder The Alley Church — CUP Amendment and Variances March 13, 2013 Page 12 of 13 contracted with a commercial refuse hauler. City Ordinance requires that trash containers to be hidden from public view. Utilities The property is in the Metropolitan Urban Service Area (MUSA). City water and sanitary sewer services were extended to the existing structure at the time this particular neighborhood devel- oped. The services to the site are adequate to support the proposed addition. Public Safety Commission The Public Safety Commission made no comments on this application at their February 19, 2013, meeting. Conditional Use Standards In addition to meeting the perFormance standards required in the ordinance, the Planning Com- mission must review the application for conformance with the following criteria established in City Code Title 11-2-9F: 11-2-9 F. Criteria for Issuance of Permit: 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the transportation element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. 6. The use shall be served adequately by essential public services, such as streets, police, fire protec- tion and utilities. 7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic features into the devel- opment design. 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. Based on the information presented, the proposed use could satisfy the conditions for issuing a conditional use permit. Operation of the use in a manner contrary to the approved conditions could require additional review of the CUP by the City Council. Variance Standards The Planning Commission may recommend a variance from the strict application of the pro- vision of this title, if they find that: 1. The variance is in harmony with the purposes and intent of this title. 2. The variance is consistent with the comprehensive plan. 3. The proposal puts the property to a reasonable use. Honorable Mayor, City Council, and Ryan Schroeder The Alley Church — CUP Amendment and Variances March 13, 2013 Page 13 of 13 4. There are unique circumstances to the property not created by the landowner. 5. That the conditions upon which an application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 6. That the purpose of the variance is not based exclusively upon a financial hardship. 7. That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 8. That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. The findings for the two requested variance are included in the attached draft resolution. Public Hearing Notices A public hearing has been scheduled for the Planning Commission meeting on February 25, 2013. The notice announcing this public hearing was published in the South Washington County Bulletin and mailed to 62 property owners within 500 feet of the property on December 5, 2012, and a reminder notice was sent on February 20. Recommendation 1) Approve an amendment to the current conditional use to allow for a 4,776.8 square foot addition to the existing religious institution structure at 8944 Indahl Avenue South, subject to the conditions listed in the attached draft resolution. 2) Approve a variance to allow for the addition to be setback 40 feet from the property line along Indahl Avenue instead of the required 50-foot setback, based on the findings of fact and subject to the condition listed in the attached draft resolution. 3) Approve a variance to allow for off-site parking, based on the findings of fact and subject to the conditions listed in the attached draft resolution. RESOLUTION NO. 2013-XXX A RESOLUTION APPROVING AN AMENDMENT TO THE CURRENT CONDITIONAL USE PERMIT TO ALLOW AN ADDITION TO THE EXISTING RELIGIOUS INSTITUTION STRUCTURE AT 89441NDAHL AVENUE SOUTH; A VARIANCE TO ALLOW THE ADDITION TO BE SETBACK 40 FEET FROM THE FRONT PROPERTY LINE INSTEAD OF THE REQUIRED 50 FEET; AND A VARIANCE TO ALL.OW FOR OFF-SITE PARKING WHEREAS, The Alley Church has applied for an amendment to the current conditional use permit for the property at 8944 Indahl Avenue South to allow a 4,776.80 square foot addition to the existing religious institution structure; a variance to allow the addition to be setback 40 feet from the front property line instead of the required 50-foot front yard setback; and a variance to allow for off-site parking. The property is legally described as: Lot 12, Block 4, Thompson Grove Estates 3rd Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 7240 East Point Douglas Road South, Cottage Grove. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on February 25, 2013; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request, was prepared and presented; and WHEREAS, the public hearing was open for public testimony and no one spoke for or against the application. The applicant was present at the meeting; and WHEREAS, the Planning Commission reviewed the criteria and findings established by the Zoning Ordinance for granting variances; and WHEREAS, the Planning Commission unanimously (5-to-0 vote) recommended to the City Council that the amendment to the conditional use permit and variances be granted. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the amendment to the current conditional use permit for the property at 8944 Indahl Avenue South to allow a 4,776.80 square foot addition to the existing religious institution structure, located on the property legally described above, subject to the following conditions: All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official. Resolution No. 2013-XXX Page 2 of 4 2. Prior to issuance of a building permit, a final material detail board/packet must be submitted for review and approval by the Community Development Department. 3. Prior to issuance of a building permit, a comprehensive sign package must be submitted for review and approval by the Community Development Department. 4. A fire suppression system and fire alarm system shall be installed in the proposed addition. 5. Rooftop mechanicals must be screened from public view as reviewed and approved by the Community Development Department. 6. Outdoor worship/gathering events are allowed on a limited basis and would be subject to the standard City and State noise rules. If the City receives any warranted noise complaints related to outdoor use of the site, the conditional use permit could be subject to additional review and action by the City Council. 7. Any fencing on the site shall be constructed from wood or vinyl composite material. 8. Prior to building permit application, a detailed landscaping plan that meets the approval of the Community Development Department shall be submitted. 9. Prior to building permit application, a bona fide cost estimate of the landscaping improvements must be submitted in conjunction with a letter of credit approved by the City in the amount of 150 percent of such estimate. Upon completion of the landscaping requirements, the applicant must in writing inform the City that said improvements have been completed. The City must retain the financial guarantee for a period of one year from the date of notice to insure the survival of the plantings, and until the required as built survey has been submitted. No building permit will be issued until the required financial guarantee has been received and accepted by the City. 10. Trash containers must be stored in accordance with ordinance criteria. 11. All outdoor lighting shall be downward directed and installed in accordance with City ordinance criteria. 12. The surf'ace water management for the proposed additional impervious surFace on the site shall be addressed on site in accordance with plans approved by the City Engineer. An off-site ponding fee that is calculated at the time of building permit shall be paid if onsite treatment is not feasible. BE IT FURTHER RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the variance to allow the addition to be setback 40 feet from the front property line instead of the required 50-foot front yard setback on the property legally described above, based on the findings of fact and subject to the condition listed below: Resolution No. 2013-XXX Page 3 of 4 Findinqs of Fact: A. The current structure is setback 34 feet from the east property line. B C D E F, The foyer entrance feature is only 84 square feet. The entrance feature included in the setback request is intended to bring the site into compliance with the Americans with Disabilities Act. Additional landscaping will be provided to soften the variance request. The reduced setback is adjacent to a street. The abutting residential uses are all setback 30 feet from the front property lines. Condition of Approval: 1. Additional landscaping shall be installed along the perimeter of the building along the entire east side of the addition. BE IT FURTHER RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the variance to allow for off-site parking, based on the findings of fact and subject to the conditions listed below: Findinqs of Fact: A. The applicant's property has additional proof of parking areas that could be constructed as additional hard surFace parking areas if required. . � Additional services or other changes in site operations could be completed to accommodate any parking issues. The variance negates or postpones the need to add additional impervious surfaces to the site, and reduces the stormwater management impacts. D. A similar cross parking agreement School district have been proven t additional impervious on-site parking. between the Country Inn Suites and the o be a functioning alternative to requiring Conditions of Approval: 1. The off-site parking shall only be allowed on the School District property located at 8400 East Point Douglas Road South. 2. If the off-site parking arrangement with the School District lapses or is terminated, the required on-site parking shall be installed in accordance with City development standards. 3. The berm cut and access improvements between 90th Street and the School District property is required to be approved by the School District prior to the issuance of a building permit and must be constructed prior to the issuance of a certificate of occupancy. Resolution No. 2013-XXX Page 4 of 4 4. If parking on the site becomes a nuisance, the conditional use permit could be subject to additional review and action by the City Council. Passed this 20th day of March 2013. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON FEBRUARY 25, 2013 6.1 The Alley Church — Cases CUP12-034 and V12-035 (continued from the 12/17/12 and 1/26/13 Planning Commission meetings) The Alley Church has applied for an amendment to the current conditional use permit for the property located at 8944 Indahl Avenue South to allow for a 4,776.80 square foot addi- tion to the existing religious institution structure; a variance to allow the addition to be setback 40 feet from the front property line instead of the required 50-foot setback; and a variance to allow for off-site parking. Burbank summarized the staff report and recommended approval based on the findings of fact and subject to the conditions listed in the staff report. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Brittain made a motion to approve the amendment to the existing conditional use permit, subject to the conditions listed below. Harter seconded. Conditions of Approval: 1. All applicable permits (i.e., building, electrical, grading, mechanical) must be com- pleted, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official. 2. Prior to issuance of a building permit, a final material detail board/packet must be submitted for review and approval by the Community Development Department. 3. Prior to issuance of a building permit, a comprehensive sign package must be submitted for review and approval by the Community Development Department. 4. A fire suppression system and fire alarm system shall be installed in the proposed addition. 5. Rooftop mechanicals must be screened from public view as reviewed and approved by the Community Development Department. 6. Outdoor worship/gathering events are allowed on a limited basis and would be subject to the standard City and State noise rules. If the City receives any warranted noise complaints related to outdoor use of the site, the conditional use permit could be subject to additional review and action by the City Council. 7. Any fencing on the site shall be constructed from wood or vinyl composite material. Excerpt from Unapproved Planning Commission Minutes The Alley Church — Planning Case Nos. CUP12-034 and V12-035 February 25, 2013 Page 2 of 3 8. Prior to building permit application, a detailed landscaping plan that meets the approval of the Community Development Department shall be submitted. 9. Prior to building permit application, a bona fide cost estimate of the landscaping improvements must be submitted in conjunction with a letter of credit approved by the City in the amount of 150 percent of such estimate. Upon completion of the landscaping requirements, the applicant must in writing inform the City that said improvements have been completed. The City must retain the financial guarantee for a period of one year from the date of notice to insure the survival of the plant- ings, and until the required as built survey has been submitted. No building permit will be issued until the reguired financial guarantee has been received and accepted by the City. 10. Trash containers must be stored in accordance with ordinance criteria. 11. All outdoor lighting shall be downward directed and installed in accordance with City ordinance criteria. 12. The surface water management for the proposed additional impervious surface on the site shall be addressed on site in accordance with plans approved by the City Engineer. An off-site ponding fee that is calculated at the time of building permit shall be paid if onsite treatment is not feasible. Motion passed unanimously (5-to-0 vote). Brittain made a motion to approve the variance to allow the addition to be setback 40 feet from the front property line, based on the findings of face and subject to the con- ditions listed below. Harter seconded. Findinps of Fact: A. The current structure is setback 34 feet from the east property line. B. The foyer entrance feature is only 84 square feet. C. The entrance feature included in the setback request is intended to bring the site into compliance with the Americans with Disabilities Act. D, Additional landscaping will be provided to soften the variance request. E. The reduced setback is adjacent to a street. F. The abutting residential uses are all setback 30 feet from the front property lines. Condition of Approval: 1. Additional landscaping shall be installed along the perimeter of the building along the entire east side of the addition. Excerpt from Unapproved Planning Commission Minutes The Alley Church — Planning Case Nos. CUP12-034 and V12-035 February 25, 2013 Page 3 of 3 Motion passed unanimously (5-to-0 vote). Brittain made a motion to approve the off-site parking variance based on the findings of fact and subject to the conditions listed below. Harter seconded. Findinps of Fact: A. The applicant's property has additional proof of parking areas that could be con- structed as additional hard surface parking areas if required. B. Additional services or other changes in site operations could be completed to accommodate any parking issues. C. The variance negates or postpones the need to add additiona! impervious surfaces to the site, and reduces the stormwater management impacts. D. A similar cross parking agreement between the Country Inn Suites and the Schoo/ district have been proven to be a functioning alternative to requiring additional impervious on-site parking. Conditions of Approval: 1. The off-site parking shall only be allowed on the School District property located at 8400 East Point Douglas Road South. 2. If the off-site parking arrangement with the School District lapses or is terminated, the required on-site parking shall be installed in accordance with City development standards. 3. The berm cut and access improvements between 90th Street and the School Dis- trict property is required to be approved by the School District prior to the issuance of a building permit and must be constructed prior to the issuance of a certificate of occupancy. 4. If parking on the site becomes a nuisance, the conditional use permit could be subject to additional review and action by the City Council, Motion passed unanimously (5-to-0 vote.)