HomeMy WebLinkAbout2002-01-16 PACKET 08.A.s REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 1 /16/02 �
PREPARED BY: Community Development Kim Lindquist
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST
Consider approving the conditional use permit and site plan review to allow Rose of Sharon
Lutheran Church to construct a new church with a pre-school on the northeast corner of
Jamaica Avenue and 70th Street.
STAFF RECOMMENDATION
Adopt the resolution approving the conditional use permit and site plan review to allow Rose of
Sharon to construct a new church with a pre-school on the northeast corner of Jamaica Avenue
and 70th Street.
ADVISORY COMMISSION ACTION
DATE
� PLANNING 12/17/01
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES/RIGHTS
❑ ECONOMIC DEV. AUTHORITY
❑
SUPPORTING DOCUMENTS
REVIEWED
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❑
❑
❑
❑
❑
APPROVED
�
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❑
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� MEMO/LETTER: Memo from John M. Burbank dated 1/9/02
� RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: 1) Excerpt from unapproved minutes of the Planning Commission
meeting on 12/17/01
2) Staff report and exhibits
ADMINISTRATORS COMMENTS
DENIED
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❑
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/ c�-
City Administrator Date
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COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER
��, ���.- ���
MEMORANDUM
TO: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
FROM: John M. Burbank, Associate Planner
DATE: January 9, 2002
RE: Rose of Sharon Conditional Use Permit and Site Plan Review
Introduction
The applicant has applied for a conditional use permit and site plan review for a new church
facility and ancillary uses at the vacant property in the northeast corner of Jamaica Avenue and
70th Street. Previously, the Church had received approvals for the same applications; however;
the new request modifies the proposed building and alters the site plan somewhat.
Discussion
The main difference between this project and the previously approved project is the building.
The structure has been reduced in size and height and the farade treatment has been altered.
From a site plan perspective, the parking lots have been combined with most of the improve-
ments occurring in the northwest portion of the site, allowing for ponding in the south and south-
east. The play field still remains in the northeast.
At the Planning Commission meeting, there was discussion about the shared access to the site.
As initially proposed, the church site and the property to the north would both dedicate a private
easement that would be mutually beneficial for access into the properties. This shared access
would be in the location proposed for the church drive and would result in a median cut onto
Jamaica. During the Commission discussions, they wanted to ensure that the access would be
available for the northern parcel (McHattie's) upon development of the site. It was decided that it
would be clearer if both properties dedicated a portion of the property as public right-of-way so
that ultimately both parcels would gain access from a public road that intersected with Jamaica.
This modification is reflected in the recommended conditions of approval. Similar to the Latter
Day Saints project, the church will need to enter into an agreement with the City to use the pub-
lic right-of-way and that the driveway would be removed at church cost when and if a public road
was installed.
At the Planning Commission meeting in December, the Commission unanimously approved the
request. The applicant was present at the meeting and did not have any questions. There was
no one from the public who spoke for or against the request.
Since the Commission meeting, the applicant has also discussed using private well and septic
rather than extending public utilities as previously thought. From a building and fire protection
Mayur, City Council, and Ryan Schroeder
January 9, 2002
1 Page 2 {�f 2
standpoint, staff is comfortable with either a private or public system. There are finro issues
raised by this change. One, staff wants to ensure that the City gets reimbursed for all engineer-
ing costs associated with the public utility planning and site plan review. Presently, engineering
costs exceed the deposited escrow and payment should occur prior to issuance of a building
permit. In fairness to the church, the City had not requested payment of the bills because it
would have been rolled into the assessment on the property for the utility work. If the church
delays installation of public utilities, the full water and sanitary sewer area charges and connec-
tion charges, at the rate at the time, will be paid when the property connects to public utilities.
Regardless of whether the church hooks up to the public utilities, $45,300 in stormwater area
charges must be paid at this time. The lack of public utilities may require some minor site plan
modifications to fire lane accessibility that meets the approval of the City Fire Marshall.
The other issue is the impact upon any adjoining property by not extending the public utilities.
The stub up to the church would have been along 70th Street. However, if a City trunk bypasses
the property it would most likely be located along Jamaica. Therefore, staff is requesting dedica-
tion of a 10-foot easement along Jamaica for drainage and utility purposes. Dedication of the
easement would not change the lot size or setbacks for the property.
One final issue raised by the request is the provision of a ballfield. Previously the church has a
field which was also programmed by the City. The City was responsible for maintenance of the
field. The church has indicated they would consider providing a field in the new location, which
is of interest to the staff. Staff will consider final grading, seeding, and installing the backstop for
the field, with the church rough grading the site. However, additional review of the site needs to
take place to ensure that creation of the field from the City's perspective is economical. This
mainly relates to the soils in the areas. At a minimum the church should not remove topsoil from
the ballfield site, which will be necessary to provide a good playing field. Staff also recommends
entering into an agreement with the church that spells our responsibilities and the churches.
There was no written agreement previously.
Conclusion
There are finro options available to the City Council for disposition of the requests:
Approve the requests. The applicant's conditional use permit and site plan requests comply
with the zoning ordinance performance standards governing churches, they meet the criteria for
granting of a conditional use permit for a church, and the use is consistent with the comprehen-
sive plan.
Deny the requests. In staff's opinion, the conditional use permit and site plan applications meet
the applicable ordinance criteria and denial would be inconsistent with the intent and provisions
of the comprehensive plan and city ordinance.
Recommendation
Adopt the draft resolution.
RESOLUTION NO. 02-XXX
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN
REVIEW TO ALLOW CONSTRUCTION OF A NEW CHURCH WITH PRE-SCHOOL ON
THE NORTHEAST CORNER OF 70TH STREET AND JAMAICA AVENUE
WHEREAS, Rose of Sharon Lutheran Church has applied for a conditional use permit
and a site plan review to allow construction of a church with pre-school, on property legally de-
scribed as follows:
The south 639.67 feet of that part of the Southwest Quarter of the Southwest
Quarter of Section 3, Township 27, Range 21, Washington County, Minnesota
lying east of a line described as commencing at the southwest corner of said
Southwest Quarter of Southwest Quarter; thence North 89 degrees 57 minutes 45
seconds East, assumed bearing, along the south line of said Southwest Quarter
of Southwest Quarter 560.08 feet to the actual point of beginning of the line to be
described; thence North 0 degrees 18 minutes 23 seconds East 1327.34 feet to
the north line of said Southwest Quarter of Southwest Quarter and there termi-
nating.
WHEREAS, the Planning Commission held a public hearing on December 17, 2001; and
WHEREAS, the public hearing was open for public testimony and no one spoke for or
against the proposal. The applicant was present at the meeting; and
WHEREAS, the Planning Commission unanimously approved the applications, subject
to certain conditions listed below.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove,
Washington County, Minnesota, hereby approves the conditional use permit and site plan re-
view to allow construction of a church with pre-school, subject to the following conditions:
All applicable permits (i.e., building, electrical, grading, mechanical) and a commer-
cial plan review packet shall be completed, submitted, and approved by the City
Re�olution No. 02-XXX
Page 2 of 4
prior to the commencement of any construction activities. Detailed construction
plans shall be reviewed and approved by the Building Official and Fire Marshall.
2. Additional bricking or other architectural treatments shall be required on the three
south facing gabled doorway entrances to give the building a greater visual vari-
ety. Final exterior materials shall be reviewed and approved by the Planning
Department prior to the issuance of a building permit.
3. A revised landscaping plan detailing the required changes identified in the report
shall be submitted to and approved by the Planning Department prior to issuance
of a building permit.
4. The applicant shall submit a bona fide cost estimate of the landscaping improve-
ments. A letter of credit in the amount of 150 percent of such estimate shall be
submitted to and approved by the City. Upon completion of the landscaping re-
quirements, the applicant shall in writing inform the City that said improvements
have been completed. The City shall retain the financial guarantee for a period of
one year from the date of notice to insure the survival of the plantings. No building
permit shall be issued until the required financial guarantee has been received
and accepted by the City.
5. Concrete curbing shall be required around all hard surface parking/drive areas ex-
cept for the demonstrated parking areas. The final parking lot design shall be re-
viewed and approved by the Planning Department prior to the issuance of a
building permit.
6. Trash containers shall be kept in an approved trash enclosure as regulated in Title
11-6-3, of the City's Zoning Ordinance. Construction of the enclosure shall be
completed prior to the release of a certificate of occupancy.
7. The demonstrated parking areas shall be completed if the parking on the site be-
comes negatively impacted by the proposed use. The city will require the parking
installation based upon impacts to surrounding roadways and/or properties relat-
ing to parking.
8. Motor vehicle access connecting directly to 70th Street shall be prohibited at this
time. Future access to 70th street would require submittal of a detailed traffic
study and approval by the City Council and Washington County.
9. Any rooftop mechanical equipment on the site shall be screened prior to the
certificate of occupancy for the addition.
10. All outdoor lighting shall be directed downward and away from abutting property.
11. The area charges in the amount of $72,220.00 for the 10-acre site shall be paid in
full, or arrangements for having the charges assessed against the property shall
Resolution No. 02-XXX
Page 3 of 4
be arranged prior to the release of the building permit if the church hooks up to
public services. If the church delays installation of public utilities, the full water and
sanitary sewer area charges and connection charges, at the rate at the time, will
be paid when the property connects to public utilities. Regardless of whether the
church hooks up to the public utilities, $45,300 in stormwater area charges must
be paid at the time of issuance of a building permit or be assessed against the
property.
12. The egress drive to the site shall have individual right and left turn lanes and the
private access drive to the rear of the building shall be relocated further to the
south.
13. A private overhead illumination lamp shall be installed to at the intersection of the
driveway with Jamaica Avenue. This light needs to be of sufficient design that it is
downward directed and will be capable of lighting up the intersection. The wiring
for this structure shall not be overhead lines.
14. An engineered and designed median cut shall be allowed in Jamaica Avenue at the
common ingress/egress drive. Upon recommendation of the city engineer, turn
lanes and acceleration lanes shall be installed at the intersection of the access
point with Jamaica Avenue. All costs associated with roadway improvements com-
pleted in the public right of way shall be the responsibility of the property owner for
said improvements. The applicant signs a petition and waiver with the City of
Cottage Grove for the extension and construction of public utilities and the con-
struction of the median cut and turn/acceleration lanes.
15. The grading plan is revised and submitted to the City for review and approval prior
to the City issuing a grading permit.
16. The applicant must receive a permit from Washington County Public Works De-
partment for the pond outFall. A copy of this permit shall be given to the City of
Cottage Grove prior to the City issuing a grading permit.
17. A ten-foot wide public drainage and utility easement paralleling the Church's
south and west boundary line is granted to the City of Cottage Grove. Proof of
recording is required prior to issuance of a certificate of occupancy.
18. All County and State permitting and licensing requirements are complied with for
the operating of day-care, pre-school, school activities.
19. The church dedicate a 30 foot public right-of-way along the northern 240 feet of
the property. The church should provide an additional 240 feet on the property to
the north, if possible. Proof of recording of the right-of-way is required prior to
issuance of a building permit.
Resolution No. 02-�;XX
Page4of4
20. A revised site plan is submitted to the City showing a property boundary line
configuration that is consistent with the rural lot split approval (City Resolution No.
00-192) by the City prior to issuance of a building permit.
21. The church enter into an agreement with the City regarding the maintenance, use
and responsibilities of the City and Church regarding the ballfield. If construction
of the ballfield were too prohibitive to the City or Church, the $1000 park
dedication fee would be paid.
Passed this 16th day of January, 2002.
Sandra Shiely, Mayor
Attest:
Caron M. Stransky, City Clerk
EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING
COMMISSION MEETING ON DECEMBER 17, 2001
6.2 CASES CUP01-084 and SP01-085
Rose of Sharon Lutheran Church has applied for a conditional use permit and site plan
review to allow construction of a new church with a pre-school on the northeast corner
of Jamaica Avenue and 70th Street.
Lindquist summarized the staff report and recommended approval subject to the revised
conditions of approval.
Severson asked where the shared access drive easement would be located. McCool re-
sponded that the easement would be located along the north property line between the
church and the McHattie properties. Lindquist stated that the shared access was part of the
requirements when the lot division was approved. She explained that the intent is for the
southern and northern parcels to have the same access onto Jamaica. Severson asked
how much traffic would be served by this shared access. Lindquist responded that the
property would most likely be brought into the MUSA in the future. She stated that the land
to the north is designated for low density residential. Severson asked if that church access
would be an interim solution until the area more fully develops. Lindquist responded that
was correct.
Booth asked if that would be a public road in the future and if the easements would be in
place for that public road. Lindquist responded that the city did not obtain public right-of-
way as it is not clear that the road would run along the property line because there would
be such a small benefit to the southern property. She stated that the city wants the access
point where it is; however, the public road would probably swing to the north.
Bailey asked what the status is on the ball field in lieu of park land dedication. Lindquist re-
sponded that the city is still interested in having the field there, although there is no new
agreement currently in place, and she believes the church is also still interested. Bailey
asked if that would be worked out prior to the Council meeting. Lindquist stated that the city
would try.
Hudnut asked about condition #8, regarding access onto 70th Street. Lindquist responded
that there is no expectation that the church would be allowed access onto 70th Street.
McCool explained that there is an existing farm access drive that connects to 70th Street
on the church property and that condition clarifies that that access drive does not guarantee
them access to 70th Street.
Severson asked if the church and Mr. McHattie are in agreement on the shared access, if
the cost of the shared access woutd be paid by Rose of Sharon, and if the current design of
the access would be adequate to handle traffic from any future development on the north
parcel. Lindquist responded that her understanding is that the church and Mr. McHattie are
acceptable to it because that was a condition of approval from their previous application.
She explained that the access would be for both benefiting properties, so when the north-
ern parcel is developed, they would have the same ability to access the drive. She stated
that the city was requiring that the northern leg of the private drive be shifted to the south
so it is well out of the way of the shared access easement.
Bailey asked about the pedestrian access along Jamaica. Lindquist responded that when
Jamaica is rebuilt, a sidewalk would be added. Bailey asked if the church would be as-
sessed at that time. Lindquist responded that it would depend on what the policies are at
that time.
David Deebner, 3784 Monticello Drive, Woodbury, stated that he is the president of Rose of
Sharon Lutheran Church. He stated that he has no comments or questions regarding the
staff report. They are in support of the project and are looking forward to moving on.
Willhite opened the public hearing. No one spoke. Willhite closed the public hearing.
Severson made a motion to approve the applications subject to the conditions listed
below. Japs seconded.
Booth asked for clarification on the public access and if whoever develops to north would
be able to hook into that access without any legal problems. Lindquist responded that the
easement could be drafted so that each party equally benefits.
1. All applicab/e permits (i.e., building, electrical, grading, mechanical) and a com-
mercia/ plan review packet shall be completed, submitted, and approved by
the City prior to the commencement of any construction activities. Detailed
construction plans shall be reviewed and approved by the Building O�cial and
Fire Marshall.
2. Additional bricking or other architectura/ treatments shall be required on the
three south facing gab/ed doorway entrances to give the buildinq a greater
visual variety. Final exterior materials shall be reviewed and approved by the
P/anning Department prior to the issuance of a building permit.
3. A revised landscaping plan detailing the required changes identified in the re-
port shall be submitted to and approved by the P/anning Department prior to
issuance of a building permit.
4. The applicant shall submit a bona fide cost estimate of the /andscaping im-
provements. A/etter of credit in the amount of 150 percent of such estimate
shall be submitted to and approved by the City. Upon comp/etion of the land-
scaping requirements, the applicant shall in writing inform the City that said
improvements have been comp/eted. The City shall retain the financial guaran-
tee for a period of one year from the date of notice to insure the survival of the
plantings. No building permit shall be issued until the required financial guar-
antee has been received and accepted by the City.
5. Concrete curbing shall be required around all hard surface parking/drive areas
except for the demonstrated parking areas. The fina/ parking lot design shall
be reviewed and approved by the Planning Department prior to the issuance of
a building permit.
6. Trash containers shall be kept in an approved trash enclosure as regulated in
Title 11-6-3, of the City's Zoning Ordinance. Construction of the enclosure shall
be completed prior to the re/ease of a certificate of occupancy.
7. The demonstrated parking areas shall be comp/eted if the parking on the site
becomes negatively impacted by the proposed use. The city will require the
parking installation based upon impacts to surrounding roadways and/or
properties re/ating to parking.
8. Motor vehicle access connecting directly to 70th Street shall be prohibited at
this time. Future access to 70th Street wou/d require submittal of a detailed
traffic study and approva/ by the City Council and Washington County.
9. Any rooftop mechanical equipment on the site shall be screened prior to the
certificate of occupancy for the addition.
10. All outdoor lighting shall be directed downward and away from abutting
property.
11. The area charges in the amount of $72,220.00 for the 10-acre site shall be paid
in full, or arrangements for having the charges assessed against the property
shall be arranged prior to the release of the building permit.
12, The egress drive to the site shall have individual right and left turn /anes, and
the private access drive to the rear of the building shall be re/ocated further to
the south.
13. A private overhead illumination lamp shall be installed to at the intersection of
the driveway wifh Jamaica Avenue. This light needs to be of sufficient design
that it is downward directed and will be capab/e of lighting up the intersection.
The wiring for this structure shall not be overhead lines.
14. An engineered and designed median cut shall be allowed in Jamaica Avenue at
the common ingress/egress drive. Upon recommendation of the city engineer,
turn lanes and acce/eration /anes shall be installed at the intersection of the ac-
cess point with Jamaica Avenue. All costs associated with roadway improve-
ments completed in the public right of way shall be the responsibility of the
property owner for said improvements. The applicant signs a petition and
waiver with the City of Cottage Grove for the extension and construction of
public utilities and the construction of the median cut and turn/acceleration
/anes.
15. The grading plan is revised and submitted to the City for review and approval
prior to the City issuing a grading permit
16. The applicant must receive a permit from Washington County Public Works
Department for the pond outfall. A copy of this permit shall be given to the
City of Cottage Grove prior to the City issuing a grading permit.
17. A ten foot wide public drainage and utility easement paralleling the Church's
south boundary line is granted to the City of Cottage Grove.
18. All County and State permitting and licensing requirements are complied with
for the operating of day-care, pre-school, school activities.
19. A copy of the shared access drive easement shall be submitted to the City
prior to a building permit is issued by the City.
20. A revised site plan is submitted to the City showing a property boundary line
configuration that is consistent with the rural lot split approval (City Reso/u-
tion No. 00-192) by the City.
Motion passed unanimously.
STAFF REPORT CASES: CUP01-064 and SP01-085
' ITEM: 6.2
PUBLIC MEETING DATE: 12/17/01 TENTATIVE COUNCIL REVIEW DATE: 1/16/02
APPLICATION
APPLICANT:
REQUEST:
Rose of Sharon Lutheran Church
A conditional use permit and site plan review to allow construction of a
new church with pre-school.
SITE DATA
LOCATION:
ZONING:
CONTIGUOUS
LAND USE:
NORTH:
EAST:
SOUTH:
WEST:
SIZE:
DENSITY:
Northeast corner of 70th Street and Jamaica Avenue
AG-1, Agricultural Preservation
Agricultural
Agricultural
Agricultural
Residential
Land area = 10 acres
Proposed church = 19,296 square feet
N/A
RECOMMENDATION
Approval, subject to the conditions stipulated in this staff report.
COTTAGE GROVE PLANN/NG DIVISION
G:�2001\Planning Cases\084CUP Rose of Sharon-dec17\084CUP Rose of Sharon SR cover-dec17.doc
Planning Staff Report
Case CUP01-084, SP01-085
December 17, 2001
Proposal
Rose of Sharon Lutheran Church has applied for a conditional use permit use permit and site
plan review to allow for the construction of a church within an AG-1, Agricultural Preservation,
zoning district. The subject property is located on the northeast corner of 70th Street and
Jamaica Avenue. A copy of the proposed site plan is attached as Exhibit A.
Background
In the fall of 2000, the church initiated a review of the same applications as described above,
plus a comprehensive plan amendment for the inclusion of the property in the Metropolitan Ur-
ban Service Area (MUSA). Due to significant modifications to the building and site design, the
City required that new applications be submitted for review. The lot split that created the 10-
acre parcel for the proposed church building was recommended for approval by the Planning
Commission on June 26, 2000, and approved by the City Council on July 5, 2000. The church
is now in possession of the property. A copy of the old site plan is attached as Exhibit B and the
old building elevations are attached as Exhibit C.
The commercial developer, Capital Real Estate, Inc., currently owns the old church property
and is working on the redevelopment of the site for a new Walgreen's store and several other
freestanding commercial building pads.
Planning Considerations
Ordinance Criteria
Conditional use permits are required for the use and alteration of churches. Additional modifi-
cations to the site in the future will require a conditional use permit amendment. The current
proposal meets the 10 general criteria for granting of a conditional use permit. The ordinance
criteria are attached as Exhibit D.
Property Characteristics
The property is an agricultural field consisting of minimal deviations in the topography.
Site Plan Review
Use
Churches are allowed within the agricultural zoning district by conditional use permit. The
church is also proposing the accessory use of their facility as an educational center (daycare,
preschool, school). These uses are consistent with those experienced at their previous site.
Planning Staff Report— Cases CUP01-084, and SP01-085
�December 17, 2001
, Page � of 8
Day care and preschool uses are not expressly allowed as permitted or conditional uses. How-
ever, they are consistent with services contained within the "umbrella" of church uses, which is
a listed conditional use. Therefore, staff can support these uses that ancillary to the larger
church use. The areas identified as classrooms must meet all requirements of the uniform
building code, and the use must meet all County and State licensing requirements.
Architecture
Sessing Architects, Inc. is the new architectural firm working with the church on the revised
project. The first phase of the structure is planned to be 19,296 square feet. The building de-
sign of the church is one of the biggest noted changes from the previous application. The exte-
rior walls of the church structure are now proposed to consist of pre-finished steel siding, soffits,
fascia and rakes. The previous proposal had a wainscoting knee wall consisting of cedar
shakes and stone veneer has been dropped from the plan. The pitched roof material is asphalt
shingles. In accordance with current ordinance criteria, staff is recommending that additional
bricking or other architectural treatments be required on the three south facing gabled doorway
entrances to give the building a greater visual variety. The final exterior materials shall be re-
viewed and approved by the Planning Department prior to the issuance of a building permit.
The building elevations are attached as Exhibit E, and the plan view of the building is attached
as Exhibit F.
The tallest portion of the structure is the steeple that is proposed at 56 feet. The previous pro-
posed height of the steeple was 65 feet. The sanctuary and the majority of the rest of the
building are identified as being 32 feet in height. The previous design had roof peaks that aver-
aged 36.5 feet. The maximum height of non-farm structures allowed in the AG-1 zoning district
is 30 feet with height modifications allowed up to 45 feet for church spires. The proposed
structure exceeds this criterion and in accordance with Title 11-4-5 would require a conditional
use permit for the height modification. Based on the traditional pitches of the roof design, the
architectural scale of the building to the lot size, and the fact that the property will eventually be
in a residential zoning district that has higher maximum height limits, staff supports the height
limit modification as found in the ordinance for the proposed structure as part of the conditional
use permit approval.
There is an area identified for future expansion of the building. Future development of these ar-
eas generally consistent with the shown footprint and building architecture would be considered
approved under the current permit. Significant changes in design or size will require processing
of a conditional use permit amendment. Since the use is a church, the final construction de-
signs are approved by committee, and the church is currently going through a congregational
review process of the site and building design. Through that process, some modifications may
be made, and it is requested that some latitude be given staff to approve minor plan modifica-
tions without re-processing the conditional use permit and site plan for the church.
Setbacks
The ordinance requires that the building be set back a minimum distance of 50 feet from the
property line. The proposed structure meets this criterion. The proposed paved and demon-
strated parking areas all meet the minimum 30-foot parking/paving setback.
Planning Staff Report — Cases CUP01-084, and SP01-085
December 17, 2001
, Page � of 8
Parking
There are a total of 99 parking spaces and five handicapped stalls provided. There is an addi-
tional area of demonstrated parking spaces shown on the site for future development or need.
The required parking is based on the different types of uses in the building. The architect for the
site designed the parking layout to meet the ordinance criteria. Should the use of the property
exceed the provided parking capacity, the demonstrated parking areas would have to be con-
structed. A building permit would be required for this action. From an ordinance perspective,
concrete curbing is required around all landscape islands, parking areas, and access drives,
and the site plan details the installation of curbing in these areas. Since the site is in an area of
rural storm sewer design, limited sheet drainage of hard surface areas has been allowed in the
past, and could be utilized for portions of this project. All ADA parking requirements shall be
complied with in the final parking lot design. The final parking lot design shall be reviewed and
approved by the Planning Department prior to the issuance of a building permit.
Landscaping
As a result of the conditional use permit and the site development, the city's landscaping ordi-
nance is applicable. The landscaping plan submitted requires some modifications in order to
meet the ordinance criteria. The building perimeter and parking areas require additional berms
and/or variety of landscape screening materials. The parking lot islands are sufficiently sized
and placed, but they require the addition of some overstory trees. The previous landscaping
plan identified that the undeveloped portion of the site will be seeded with a MnDot native wild
flower mix. The current plan does not identify the seeding proposal, and the plan should be
modified to reflect the planned vegetation. All portions of the site adjacent to the parking areas
are required to be sodded. A revised landscaping plan shall be submitted to the city and ap-
proved prior to release of a building permit. Exhibit G is a detail of the landscape plan.
Transportation/Access
The two roadways abutting the property are identified as minor arterials on the City's Compre-
hensive Plan Future Roadway Map. Jamaica Avenue is a locally controlled roadway, and 70th
Street is a County road. Limiting access is an issue with the design of all development on prop-
erties adjacent to arterial roadways within the community. The comprehensive plan identifies a
policy that "curb cuts on collector and minor arterial streets shall be discouraged so as to pre-
vent unnecessary safety hazards," and references the Metropolitan Council's Transportation
Policy Plan Appendix, December 1996 (pp 53-58) as a design basis. Policy orientation empha-
sizes mobility rather than land access from minor arterials, with preferred access spacing for
select minor arterials at a one-half mile minimum separation. During the lot split, it was identi-
fied that this standard is not realistic in this particular circumstance, as the northern boundary of
the parcel is located just over one-tenth of a mile north of the 70th Street right-of-way. During
the 2000 review, it was identified that only one access drive shall be allowed onto Jamaica Ave-
nue. The access must be shared and located along the common property line befinreen the
northern and southern parcels in this application. Along with requiring shared access, the lot split
approval required appropriate median cut, turn lanes, and acceleration lanes also be installed.
The median cut, turn lanes, and other required roadway improvements shall be engineered and
designed to meet city standards. The church will have to sign a petition and waiver in order for
Planning Staff Report — Cases CUP01-084, and SP01-085
December 17, 2001
, Page � of 8
the City to install roadway improvements to Jamaica Avenue or the church can contract to have
the improvements done themselves. All costs associated with roadway improvements completed
in the public right-of-way shall be the responsibility of the applicant. The appropriate easement
documents for the shared access points shall be submitted to the City for review and approval
prior to the release of the building permit.
During the review of the current applications, the Technical Review Committee reiterated their
earlier concerns and offered additional detailed comments. The first comment was that the ac-
cess drive to the site should have specified right and left turn lanes exiting the site. Only one
ingress lane would be required. The second point was that since there are no public street light
utility lines along Jamaica Avenue, a private overhead illumination lamp should to be installed
at the intersection of the driveway with Jamaica Avenue. This light needs to be a cobra-head
structure of sufficient design that it is downward directed and will be capable of lighting up the
intersection. The wiring for this structure shall not be overhead lines.
As a part of the 2000 minor subdivision and site review process, Washington County informed
the City that the an additional 25 feet of right-of-way would be required to be dedicated along
70th Street. This was required in the resolution approving the property subdivision. The right-of-
way for Jamaica Avenue had been previously obtained by the City. The future driveway
stub/roadway connection that was referenced along the eastern property boundary, as a part of
the lot split, will have to be addressed later as the area around the site develops. This connec-
tion was originally required in the attempt to provide a secondary access point to the church
that was not located on a minor arterial roadway. The previous approval also required that no
access be granted onto 70th Street, which is a County roadway without the completion of a
traffic study.
The Technical Review Committee also voiced concerns over the location of the church's private
access road along the northern portion of the site. The concerns were related to the potential
conflicts with a future roadway located within the common ingress/egress easement along the
north property line. Staff is recommending that the church's access drive be shifted further to
the south to avoid any future conflicts. The revised site plan shall reflect the required access
changes. Staff is recommending requiring the same recommendations of approval as previ-
ously stated.
Pedestrian Access
During the review process in 2000, the Technical Review Committee recommended additional
sidewalks on the site. The first one is an eight-foot bituminous pedestrian pathway link between
the southern parking lot and the pathway on 70th Street. The current site plan reflects this
pathway. The second area is a new eight-foot bituminous pathway along Jamaica Avenue. The
Council did not require this in the 2000 approval, so the current site plan does not reflect this
pathway. The third area was along the perimeter of the parking lots, and the revised plans re-
flect this recommendation. ADA-approved pedestrian access ramps shall be provided at the
terminus of all sidewalks and pathways.
Planning Staff Report—Cases CUP01-084, and SP01-085
December 17, 2001
, Page 5 of 8
Grading and Drainage
The City's consulting engineer has recommended that the site grading calculations and final
grades should include the future parking and building pad areas in order to minimize future site
disturbance and to ensure the pond sizing is correct for the ultimate development. The appli-
cant's engineers will have to complete additional pond design work with the City's consulting
engineer in order to determine the appropriate design parameters for the required stormwater
ponding on the site. This final grading design work must be completed prior to the release of
the grading permit and shall be designed to meet all water quantity and quality management
standards. These standards include correctly sized maintenance and aquatic benches. Outfall
of the ponding is directed to the ditch on the northern edge of 70th Street. A permit is required
from the Washington County Public Works Department for the pond outfall connection to the
70th Street county right-of-way. If a ball field development and use agreement is reached, the
site grading will also have to be modified to reflect the proposed changes.
Utilities
The Comprehensive Plan was amended in 2000 to allow for the inclusion of the property into
the MUSA. During the 2000 review period, the applicants financed the completion of a sewer
feasibility study. This study was needed to determine if there is available capacity in the existing
sanitary sewer system within the MUSA to accommodate a connection. The study results indi-
cated that there was limited capacity available. The current site utility plans show the extension
of the private utility lines to the approximate location of the proposed public utility service con-
nections. The church will have to sign a petition and waiver in order for the City to install public
utilities to their property. All costs associated with the installation of the public utilities shall be
the responsibility of the church. Utility cleanouts are required every 100 feet on the private
sanitary sewer pipes. The final hydrant locations shall be verified and approved by the City Fire
Marshall. A 10-foot wide drainage and utility easement will be required along 70th Street in or-
der to facilitate the installation of the public utilities. All grading and utility revisions should be
coordinated with the City prior to the completion of any revisions.
Trash Enclosures/Accessory Structures
A 600 square foot trash enclosure/storage building is proposed on the northern portion of the
site. Trash containers are required to be kept in an approved trash enclosure as regulated in
Title 11-6-3, Refuse, of the City's Zoning Ordinance. Construction of the enclosure shall be
completed prior to the release of a certificate of occupancy. This structure as well as a bell
tower proposed in the southwest corner of the site fall under the guidelines of the accessory
structure ordinance (Title 11-3-3 of the City code). A separate building permit application and
review shall be required for the accessory structure.
Signage
The site plan details two sign locations in the northwest and southwest corners of the site. De-
pending on the content of the signs, the identified locations may not be allowable. All address
and identification signage on the site shall conform to the ordinance criteria. The total square
footage of signage allowed for churches is 100 square feet with no more than 50 square feet
dedicated to free-standing signs. The final signage design shall be reviewed and approved by
Planning Staff Report — Cases CUP01-084, and SP01-085
December 17, 2001
, Page 5 of 8
the Planning Department prior to the issuance of a building permit. A separate building permit
application and review shall be required for the signs on the site.
Parkland Dedicafion
During the lot split process it was identified that the church would be required to pay the
equivalent of one residential parkland dedication cash contribution. The church has indicated
that they would be interested in exploring the potential for the joint development of a ball field
on their new site. The City used to maintain the existing ball field on their old site in exchange
for the use of the facility. The Parks Commission is in support of staff trying to work out details
of an agreement with the church. In recognition of any arrangements, staff is recommending
that the parkland dedication contribution not be required. Staff recognizes that the final design
and layout of the ballfield may change as a result of the use negotiations. An administrative re-
view of the layout and drainage impacts is all that would be necessary if a change does occur.
Area Charges and Assessments
The subdivision of the site and the proposed development triggered the payment of area
charges in accordance with the ordinance. The area charges for the entire 10-acre site equates
to $69,620.00 (water works = $15,500.00, sanitary = $8,820.00, and storm = $45,300.00).
These area charges were based on the established 2001 single family area charge rates.
Comprehensive P/an
The proposed use is in compliance with the comprehensive plan. The MUSA expansion re-
quest has yet to be processed with the Metropolitan Council, as the City was waiting for the
project to proceed before completing the submittal. This submittal delay avoided having AG-
zoned property in the MUSA if the church project did not proceed. The Metropolitan Council
can take up to 60 days to review complete applications.
Conclusion
There are two options available to the Planning Commission and City Council for disposition of
the requests:
Approve the requests. The applicant's conditional use permit and site plan requests comply
with the zoning ordinance performance standards governing churches, they meet the criteria for
granting of a conditional use permit for a church, and the use is consistent with the comprehen-
sive plan.
Deny the requests. In staff's opinion, the conditional use permit and site plan applications
meet the applicable ordinance criteria and denial would be inconsistent with the intent and
provisions of the comprehensive plan and city ordinance.
Recommendation
Staff recommends approval of the applications for a conditional use permit for the church use
and the described building height modification, and a site plan review to allow construction of
Planning Staff Report— Cases CUP01-084, and SP01-085
�December 17, 2001
, Page 7 of 8
the proposed Rose of Sharon Lutheran Church, on the northeast corner of 70th Street and
Jamaica Avenue, subject to the following conditions:
All applicable permits (i.e., building, electrical, grading, mechanical) and a commercial plan
review packet shall be completed, submitted, and approved by the City prior to the
commencement of any construction activities. Detailed construction plans shall be re-
viewed and approved by the Building Official and Fire Marshall.
2. Additional bricking or other architectural treatments shall be required on the three south
facing gabled doorway entrances to give the building a greater visual variety. Final exte-
rior materials shall be reviewed and approved by the Planning Department prior to the
issuance of a building permit.
3. A revised landscaping plan detailing the required changes identified in the report shall be
submitted to and approved by the Planning Department prior to issuance of a building
permit.
4. The applicant shall submit a bona fide cost estimate of the landscaping improvements. A
letter of credit in the amount of 150 percent of such estimate shall be submitted to and
approved by the City. Upon completion of the landscaping requirements, the applicant
shall in writing inform the City that said improvements have been completed. The City
shall retain the financial guarantee for a period of one year from the date of notice to in-
sure the survival of the plantings. No building permit shall be issued until the required
financial guarantee has been received and accepted by the City.
5. Concrete curbing shall be required around all hard surface parking/drive areas except for
the demonstrated parking areas. The final parking lot design shall be reviewed and ap-
proved by the Planning Department prior to the issuance of a building permit.
6. Trash containers shall be kept in an approved trash enclosure as regulated in Title 11-6-3,
of the City's Zoning Ordinance. Construction of the enclosure shall be completed prior to
the release of a certificate of occupancy.
7. The demonstrated parking areas shall be completed if the parking on the site becomes
negatively impacted by the proposed use. The city will require the parking installation
based upon impacts to surrounding roadways and/or properties relating to parking.
8. Motor vehicle access connecting directly to 70th Street shall be prohibited at this time.
Future access to 70th street would require submittal of a detailed traffic study and ap-
proval by the City Council and Washington County.
9. Any rooftop mechanical equipment on the site shall be screened prior to the certificate of
occupancy for the addition.
10. All outdoor lighting shall be directed downward and away from abutting property.
Pia'nning Staff Report — Cases CUP01-084, and SP01-085
December 17, 2001
, Page$of8
11. The area charges in the amount of $69,620.00 for the 10-acre site shall be paid in full, or
arrangements for having the charges assessed against the property shall be arranged
prior to the release of the building permit.
12. The egress drive to the site shall have individual right and left turn lanes, and the private
access drive to the rear of the building shall be relocated further to the south.
13. A private overhead illumination lamp shall be installed to at the intersection of the drive-
way with Jamaica Avenue. This light needs to be of sufficient design that it is downward
directed and will be capable of lighting up the intersection. The wiring for this structure
shall not be overhead lines.
14. An engineered and designed median cut shall be allowed in Jamaica Avenue at the com-
mon ingress/egress drive. Turn lanes and acceleration lanes shall be installed at the inter-
section of the access point with Jamaica Avenue. All costs associated with roadway im-
provements completed in the public right of way shall be the responsibility of the property
owner responsible for said improvements.
Prepared by:
John M. Burbank, AICP
Associate Planner
Attachments:
Exhibit A — Site Plan
Exhibit B— Previous site plan - 2000
Exhibit C—Previous building elevations - 2000
Exhibit D— Conditional use permit criteria
Exhibit E— New building elevations
Exhibit F— New building plan view
Exhibit G — Landscaping detail
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11-2-9: CONDITIONAL USE PERMITS:
A. Purpose And Interpretation: In order to give the district use regulations of this Title the
flexibility necessary to achieve the objectives of the Comprehensive Plan, in certain districts
conditional uses are permitted, subject to the granting of a use permit. Conditional uses
include those uses generally not suitable in a particular zoning district, but which may, under
some circumstances, be suitable. When such circumstances exist, a conditional use permit
may be granted. The permit shall be issued for a particular use and not for a particular person
or firm.
B. Conditions Imposed; Performance Bond:
1. Conditions may be applied to issuance of the permit, and a periodic review of the permit
may be required. Such conditions for conditional use permits for land designated to be flood
plain may include, but are not limited to, the following:
a. Modification of waste treatment and water supply facilities;
b. Limitations on period of use, occupancy, and operation;
c. Imposition of operational controls, sureties, and deed restrictions;
d. Requirements for construction of channel modifications, compensatory storage, dikes,
levees, and other protective measures;
e. Floodproofing measures, in accordance with the State Building Code and this Title.
The applicant shall submit a plan or document certified by a registered professional
engineer or architect that the floodproofing measures are consistent with the regulatory
flood protection elevation and associate flood factors for the particular area.
2. A performance bond of sufficient duration and amount to complete any of the conditions
set forth in a permit may be required and, if so, shall be filed with the Director of
Community Development prior to issuance of a building permit.
C. Application For Permit: An application for a conditional use permit shall be filed with the
Director of Community Development and shall be accompanied by twelve (12) copies of a
site plan meeting all of the requirements of Section 11-2-4 of this Chapter.
D. Public Hearing By Planning Commission: The Planning Commission shall hold at least one
public hearing, giving the same public notice and making its written report to the City
Council as required for amendments in subsections l 1-2-8D and E of this Chapter.
E. Action By Council: Action on conditional use permit applications shall be taken by the City
Council by the same procedures as required far amendments by subsection 11-2-8F of this
Chapter; except, that the granting of a conditional use permit shall require a majority vote of
the City Council.
F. Criteria For Issuance Of Permit: In granting a conditional use permit, the City Council shall
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find that:
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
protection 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 development design.
9. The use shall cause minimal adverse environmental effects.
10. The use shall not adversely affect the potential development of adjacent vacant land.
1 l. In the case of flood plain applications, the following items shall be considered in
addition to the aforementioned criteria:
a. The danger to life and property due to increased flood heights or velocities caused by
encroachments;
b. The danger that materials may be swept onto other lands or downstream to the injury of'
others or that they may block bridges, culverts or other hydraulic structures;
c. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions;
d. The susceptibility of the proposed facility and its contents to flood damage, and the
effect of such damage on the individual owner;
e. The requirements of the facility for a water front location;
f. The availability of alternative locations not subject to flooding for the proposed use;
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g. The compatibility of the proposed use with existing flood plain development and flood
plain development anticipated in the foreseeable future;
h. The relationship of the proposed use to the Comprehensive Plan and flood plain
management program for the axea;
i. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site; and
k. Such other factors which are relevant to the purposes of locating the proposed use in
the flood plain.
G. Revocation Of Permit: A violation of any condition set forth in a conditional use permit shall
be a violation of this Title and shall constitute grounds for revocation of the conditional use
permit by the City Council.
H. Expiration Of Permit: A conditional use permit shall become void one year after it was
granted, unless made use of within the year, or such longer period as the City Council may
provide. (1971 Code § 28-14)
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