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5.5. SR 09-20-2010'1~~j Elk REQUEST FOR ACTION River ~'O ITEM NUMBER Ci Council 5.5. AGENDA SECTION MEETING DATE PREPARED BY Plannin Se tember 20, 2010 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Request by Elk River Lutheran Church for Conditional Use Permit for Church Facility at 19437 Evans Street,Case No. CU REVIEWED BY 10-19 -Public Hearing ACTION REQUESTED Staff and the Planning Commission recommend approval of an Interim Use Permit (IUP) to allow an institutional use (Elk River Lutheran Church) at 19437 Evans Street fox up to five years, subject to the following conditions: 1. Interim Use Permit shall expire December 31, 2015 or when Elk River Lutheran vacates the site, which ever occurs first. 2. As a Conditional Use Permit (IUP) is not a Building Permit, the applicant shall apply for and receive all required permits. 3. The development shall meet all applicable fire codes. 4. Approval of the Planned Unit Development Agreement amendment authorizing institutional uses as a conditional use (CU 10-18). BACKGROUND/DISCUSSION The review of this request is predicated on the City Council approving the Planned Unit Development Agreement amendment to permit institutional uses as conditional uses at the subject parcel (CU 10-18). Should the City Council not approve the CUP to amend the PUD agreement, the proper action would be to deny the application on the grounds that it is not permitted by zoning. Proposal The Elk River Lutheran Church proposed to lease approximately 10,000 square feet of an existing vacant commercial space for their church. The proposal includes development of the space fora 279 seat sanctuary, eight classrooms, and five offices. A proposed floor plan is attached in the Planning Commission staff report. The church requests an Interim Use Permit, to expire December 31, 2015 or when the church vacates the property, which ever occurs first. The church reports that their peak hours will be Sunday mornings, although the classrooms will be used occasionally during the week and the offices will be used Monday through Friday. No changes to the exterior of the building are proposed. Should the church desire signage at a later date, this signage would require a sign permit. The applicant is currently working closely with the Building Official and Fire Department to ensure that all applicable codes axe addressed. C:\Documents and Settings\XPMUser\Local Settings\Temporary Internet Files\OLK66\Staff report to CC RE IUP 9-20-10.doc The church will not own the site. The property owner, Phoenix Enterprises will retain ownership. Parking for the site will be provided via the existing parking lot to the west of the building. This parking lot includes 144 spaces south of the entrance (the area nearest the church), exceeding the required 93 spaces on site. The parking lot includes additional spaces to the north of the entrance drive, and due to the expected off-peak usage of the parking, parking is not expected to be a problem even on highest demand events. It does not appear that nearby residential streets are likely to be used as an alternative for parking based on their distance from the entrances and significant natural impediments to access (fencing, ponds, rough terrain). Planning Commission Comments The Planning Commission discussed this item at their meeting on September 14. The Commissioners questioned the five-year time limit, because the applicant mentioned that they intend to be out of the space in one to three years. Staff responded that while the plan is to vacate in three years, historically these events take longer than planned. The five years is intended to allow them time to assemble the necessary resources without the need to come back and renew the IUP every couple of years. Planning Commissioners also questioned the distance between the church and Northbound liquor store. There axe no distance requirements related to churches and liquor stores. Public Comments Members of the church were at the Planning Commission in support of the request. No comments against the request have been received. FINANCIAL IMPACT None ATTACHMENTS ^ Planning Commission packet dated September 14, 2010 ACt1O11 Motion by Second by Vote Follow Up C:\Documents and Settings\XPMUser\Local Settings\Tempoxary Internet Files\OLKG6\Staff report to CC RE IUP 9-20.10.doc REQUEST FOR ACTION TO ITEM NUMBER Planning Commission 5.3. AGENDA SECTION MEETING DATE PREPARED BY Planning September 14, 2010 Jeremy Barnhart, Planning Manager ITEM DESCRIPTION REVIEWED By Request by Elk River Lutheran Church for Conditional Use Permit for Church Facility at 19437 Evans Street, Public REVIEWED BY Hearing -Case No. CU 10-19 ACTION REQUESTED Interim Use Permit approval to permit an institutional use (Elk River Lutheran Church) at 19437 Evans Street for up to 5 years, subject to the following conditions: 1. Interim Use Permit shall expire December 31, 2015 or when Elk River Lutheran vacates the site, which ever occurs first. 2. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for and receive all require permits. 3. The development shall meet all applicable fire codes. BACKGROUND/DISCUSSION The review of this request is predicated on the City Council approving the Planned Unit Development Agreement amendment to permit institutional uses at the subject parcel (CU 10-18). Should the City Council not approve the CUP to amend the PUD agreement, the proper action would be to deny the application on the grounds that it is not permitted by zoning. Application The applicant requests approval to use approximately 10,000 square feet at 19437 Evans Street for a religious institutional use. Improvements to the space include the development of a 279-seat sanctuary, 8 classrooms, and 5 offices. The prisnaryuse of the space will take place on Sunday mornings. The offices would be used Monday -Friday for work and small classes. C-ther improvements to the space include bathrooms, and any building/ fire code required improvements. Parking is generallythe biggest concern in the siting of churches. Parking for the site will be provided via the existing parking lot to the west of the building. Phis parking lot includes 144 spaces south of the entrance, exceeding the required 93 spaces on site. The parking lot includes additional spaces to the north of the entrance drive, and due to the expected off-peak usage of the parking, parking is not expected to be a problem even on highest capacity days. It does not appear that nearby residential streets are a likelyto be used as an alternative for parking, based on their distance from the entrances and significant natural impediments to access (fencing, ponds, rough terrain). Case File No. CCJ 10-19 Elk River Lutheran Much September 14, ?010 Page 2 Analysis The applicants propose using the space for no more than 5 years, during which time they will build a permanent structure somewhere in Elk River. With this time frame proposed, staff can support the use of the parcel for non-commercial uses. Long term, staff anticipates the viability of the shopping center to increase, or the property drastically redeveloped; dul7rlg either, non-commercial uses would be inappropriate. FINANCIAL IMPACT None ATTACHMENTS ^ Applicants narrative ^ Location map ^ Floor plan (A 101, dated 8-4-2010) Action Motion by Second by Vote Follow Up N:\Depaztments\CommuniryDevelopment\P~anni a\Case Files\CUP\CU 10-19 ERLutheran Chu~h\Staff report of PC RE IUP 9-14-10.doc h r ~ \ 'V ~ ~ 4 ,=-=r ~- ~ . d " e a ~ , - ¢ # ~~ ~ .. ~ "~,~ " U __ ~ ~ ~ Z -i „~ . , ~ ; ~ ~.~ ° ! ~~ ~,, ~ ~ : ~ . } ,a,'. ,. .. . ate , . ~ , _ _`- ~ J ~g `~ WV bZ ££ 8 OTOZ/£T/8'6nnp deW uoi~e~o~\y~any~ ueaay~n~ 213 6T-OI fly\dfl~\sa~ij ase~\6uiuue~d\;uawdo~anad ~(~iunwwo~\53uaw~eda4\:N August 2, 2010 Re: Conditional Use permit, Elk River Lutheran Church - ELCA for 19437 Evans, Elk River We are seeking to use the properly at 19437 Evans, Elk River for our Church office, meeting and worship space on a temporary basis for up to five years. Currently we are assembling on Sunday mornings at Lincoln Elementary and are renting an office in Downtown Elk River. The proposed lease agreement is for two years with aone-year option. It is the intention of Elk River Lutheran Church to purchase land in the Elk River area and build a permanent structure within this timeline. Two additional bathrooms will be added to the existing facility to meet code requirements. The existing office space will be enclosed to give the pastor a private conference space and additional office space and classroom space will be defined by the use of portable walls. The combined three exits of 144 inches exceed the minimum fire exit requirements. Existing parking of 126 spaces is sufficient for the calculated maximum occupancy load of-the assembly. No free- standing signage will be constructed, there is no proposed screening of the site and no outdoor storage will be sought. The primary use of the space will take place on Sunday mornings between the hours of 8 am and 12:30 pm. Monday through Friday the office will be used for work and occasionally for small group meetings of between five and twenty people. Currently there are two employees and several volunteers. We project adding up to 5 employees during the time of the lease. The space will also be used for evening meetings of between two and twenty people. Confirmation classes have not yet been scheduled but are likely to be scheduled one evening each week. Sunday school will be scheduled during the Sunday morning hours directly after the first worship service. Sunday morning will be the only time that a substantial number of parking spaces will be used. If we experience our anticipated growth, a second service will be added on Sunday morning. The Sunday school for children will be scheduled for the hour between the two services to allow time for the parking lotto be cleared before people start arriving for the second service. When we do schedule a second service time, the parking lot will still be cleared by the 12:30 time. (With our current schedule with one worship service, the parking lot clears by about 11:00.) During weekdays and on any evenings, we anticipate that fewer than thirty parking places will be used at any one time for scheduled meetings and confirmation classes. During the season of Lent, Wednesday evening services may be scheduled with an anticipated attendance of about 50. We anticipate sufficient growth will happen over the next three years that will require the addition of a second worship time. It is planned to control the size of any one assembly to be less than the calculated maximum occupancy by adding additional worship times within the Sunday morning time slot. The maximum daily worship attendance is likely to be on Christmas and Easter. On those days, the assembly size will be controlled by adding enough services to accommodate the anticipated attendance. Hours of operation (on back): T-Trn arc of nnPrati nn Sunda Monda Tuesda Wednesda Thursda Frida Saturda Hours 8- 8- 5 8- 5 8- 5 8- 5 8- 5 Occasional of use 12:30 + + + + + meeting occasional occasional occasional occasional occasional evening evening evening evening evening meetin meetin meetin meetin meetin #of Up to 2-20 2-20 2-20 2-20 2-20 2-20 persons 300 at one time ~~ F~,~~ 76'-10" ^~ I D m w w N I' 0 3'-9 1/4' ~ p a NE O A .D .0 9 i i .O .9 .O (7 r _ D Z N Cn O X QA ~I ~. n2 V~ ~ O N Z .A I I I I I I I I T m W ,i-Q. 3'-0' m ~ N r q a ~q ~q ~q N ~ Z "i Z Z Z 2 Z ~ Z 1 1 r ~ W ~ P V b x A • ~ O HANpRNL ~ O z W r ~ ~ (7 r ~ m " Z 5'-4 1/2' N ~ X A ~~ A -I V V V V V V V J ~( p 2 D d D ~ 5 ~ ~ ~ 2 A Z r 6'-0• ~ IIANDRNL ~j ~j ~ ~ ~ ~ ~. ~ ~ - N ~ XA N ~ O O~ N r 3 A ~. \ r ~. ~. \ V .. ~ D /o O D ~ ~ ~~ ~ g N (n £ : ~( p r :..~... 4I F+ O N rn ~~ ~ ~~ o O A O A ~ r D D N !11 W W W O O ~ X A n n x~ Np ~ O O ~ ~zm ~~ O x° V 1 r o ~ N N ~Z ~° ~° I° n n N ~ X A b b b b b b b b ~ ~ ~~m ~_ O G mrnm mm u, ~ X O m-1 -n ¢: ~ r m o a o~ z=cn ~ m ~ ~: n~-~ o ~ O ~ ~ Q © Q O ~ o ~ - ~ -=_i z Cc s -o• ~ O Q ~ C ~ - ~ s y ~ IZ ~ ~ a ~ ~ ~ ~ ~ ~ ~- (n (~ € t o m •_ ... ... ... ... m D O ~ D .~. m m J N ~- n I ~ O o ~_ O~ O m ~~ X N~ 0 A O m I~ P ~, i ; V V W A ~ ~~ ~y ~~ N W F-' Q n A p~~ ~` ELK RIVER LUTHERAN CHURCH - ELCA ~ 19437 EVENS STREET NORTHWES, ELK RIVER, MNT DOUGLAS DERR ARCHITECTS LLG ~ P,O. BOX 4645 O SAINT PAUL, MN 55104 ~ FLOOR PLAN TELEPHONE; 612-386-8304 EMAIL: dem<003@umn.edu O T ~ mz c~ ~'- Q- J O Q~ ~ 0 A