5.1 PCSR 06-14-2011REQUEST FOR ACTION
TO ITEM NUMBER
Plamlui Commission 5.1.
AGENDA SECTION MEETING DATE PREPARED BY
Planning June 14, 2011 Jeremy Barnhart, Planning Manager
ITEM DESCRIPTION REVIEWED By
Request by Devin Peterson (Peterson Construction) on behalf erem ~ Barnhart, Plannin Mana er
of Thai Buddhist Center of Minnesota for a Conditional Use REVIEWED BY
Permit for Institutional Use in R1a Zoning District, 10863 208`''
Ave, Public Hearin -Case No. CU 11-08
ACTION REQUESTED
Staff recommends approval of the Conditional use Permit for Institutional Use, as illustrated on drawings
dated May 31, 2011with the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
require permits.
2. The development shall meet all applicable fire codes.
3. Parking lot improvements shall provide for ADA compliance parking spaces, a 24-foot wide
drive aisle, and concrete curbing.
4. An address number must be displayed at the entrance to the property.
5. No more than three freestanding accessory structures be provided (e.g. shed, gazebo, and
institutional space)
Applicant Devin Peterson on behalf of Thai Buddhist Center of Minnesota
Location/ Address 10863 208`'' Avenue NW
60 Day Rule The City must take action by July 31, 2011
OVERVIEW
The Thai Buddhist Centex desires Conditional Use Permit approval to expand and make modification to
an existing detached garage on the property. The improvements would include a 30 by 30 foot expansion
of the former garage. The expansion area would house a kitchen area and men's and women's toilets and
showers. The former garage area would house an open room, primarily for prayer and meditation. The
total size of the building would be 78 feet by 30 feet, or 2,340 square feet. The attached narrative
provides further information.
In using a property for an institutional (religious) uses, there is a subtle distinction on when a Conditional
Use Permit is required. Institutional uses are a conditional use in all residential and commercial zones
except for C-4 Community Commercial. The applicable regulation can be found in the definition: "An
Institutional use is a place or facility which is designed for use as a place of worship". (Emphasis added.)
Case File: CU 11-08
Page 2
'Thai Buddhist Center of Minnesota
Applied, a person or group may use a home to host a bible study= weekly for example, but making
modifications to the structure for such a use would require a conditional use permit.
Thai Buddhist Center of Minnesota has owned the home for a number of years, and has had periodic
events in the home and on its grounds. This is the first application the City has received to make
modifications to the property.
The addition will be sided with vinyl siding to match the existing structure. Based on the information
provided, it appears that the building will be residential in character.
Other improvements to the property include a 13 x 15 shed (existing) an 11 by 11 gazebo (existing), and a
proposed 10 by 14 foot shed on the north side of the property. In residential areas, two detached
structures are permitted, with a total square footage of 3000 square feet. The applicant proposes four,
with 2,796 square feet. Staff suggested that the proposed shed be attached to the existing shed.
BACKGROUND/PRECEDENT
Precedent
With the exception of the Elk River Lutheran Church Interim Use approved in October 2010 (CU 10-
18), all of the churches in the City of Elk River are in residential areas. No record of a denial has been
found since 2005.
GENERAL INFORMATION
Location Existing Use Comprehensive Plan Current Zoning
Designation
Subject Single Family Rural Residential R-1a
Property residential
North Undeveloped Rural Residential R-1a
agricultural
South Single Family Rural Residential R-1a
residential
East Single Family Rural Residential R-1a
residential
West Single Family Rural Residential R-1a
residential
APPLICABLE REGULATIONS
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
N:\Departments\Community Development\Planning\Case 1~iles\CUP\CU 11-08 Tai Buddhist Center\CU 11-OS SR to PC 6-1411.doex
Case Tile: CU 11-08 Thai Buddhist Center of Minnesota
Page 3
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the
immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare
of the neighborhood or the city.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant
property.
4. Will be served adequately by and will not adversely affect essential public facilities and services
including streets, police and fire protection, drainage, refuse disposal, water and sewer systems,
parks and schools; and will not, in particular, create traffic congestion or interference with
traffic on adjacent and neighboring public thoroughfares.
S. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons or property because of excessive traffic, noise, smoke,
fumes, glare, odors, dust or vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
7. Will fully comply with all other requirements of this Code, including any applicable
requirements and standards for the issuance of a license or permit to establish and operate the
proposed use in the city.
If denial of such a permit should occur, it shall accompany findings stating how the proposed use does
not comply with the standards set forth in Section 30-654.
ANALYSIS
As noted above, religious institutions are a relatively common use in residential districts. Generally,
concerns are raised with regard to the additional traffic generated by the use and its required parking.
Institutional uses require one parking stall per 3 seats at design capacity. Although the improvements
proposed by the Buddhists do not include fixed seats, it is staff understanding that the users in the room
will use mats. Assuming a fairly dense configuration of 63 3' by 4' mats in the room, 21 parking spaces
would be required.
The site improvements show 34 parking stalls, on either side of the existing driveway off of 208th
Avenue. Although modifications of the parking lot design are necessary, the number of stalls exceeds the
requirements of the ordinance. Required modifications include provision of ADA handicapped
accessible stalls, creation of a 24 foot wide aisle, and provision of a concrete curb. The parking lot is
proposed as gravel. Elk River ordinances permit class V gravel as a parking surface, but require concrete
curbing.
With regards to the application of the Conditional Use Permit standards to this application, it appears
that the request is consistent with all of these standards. However, the biggest challenge with this
proposal is the placement of the parking lot. Any parking'lot expansion will require the removal of some.
trees. An alternative to the parking lot configuration is to reduce the number of stalls, thereby reducing
the impact on the trees, green space, and wetland. While the applicant proposes no additional
landscaping, the Planning Commission and Council may determine some is necessary to preserve the
neighborhood character.
N:\Departments\Community Development\Planning\Case Files\CUP\CU 11-08 Tai Buddhist Center\CU 11-08 SR to PC 6-14-11.docs
Case File: CU 11-08
Page 4
Thai Buddhist Center of Minnesota
Comprehensive Plan
The use of residentially zoned property for institutional use is consistent with the Comprehensive Plan.
Trees
Much of the lot is heavily wooded. A number of trees contained Oak Wilt last fall and were removed.
Wetlands
The western portion of the property, immediately west of the parking lot, is a large wetland. The parking
lot is about 17 feet from the wetland, at its closest point. The wetland buffer of 25 feet applies and must
be maintained, requiring a modification to the parking lot design.
Utilities
The applicant has indicated that a second on-site septic system is proposed for the institutional building.
ATTACHMENTS
^ Location Map
^ Applicant's Narrative
^ Final Grading Plan and Site Plan
^ Staff comment letter dated May 10, 2011
^ Staff Comment letter dated June 7, 2011
Action Motion by Second by Vote
Follow Up
N:\Departments\Community Development\Planning\Case Files\CUP\CU 11-08'Tai Buddhist Center\CU 11-08 SR to PC 6-1411.docs
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Thai Buddhist Center of Minnesota
10863 208"' Avenue NW
Elk River Mn 55330
Project Narrative
The building will be a Buddhist meditation center.
The hours of operation will be M thru F 10:00 am until 1:00 pm
Sat & Sun 10:00 am unti12:00 pm. There will be an average of 5 to 20 members
attending service at any given time and 2 or 3 employees in attendance also.
There are 4 existing parking stalls and 30 more proposed, a survey and site plan has been
done. The building will. comply with all applicable building codes. The exterior will
be matched to the existing vinyl siding and the roof will be of asphalt shingles. There
will be I sign only at the entrance of the driveway made of wood, 1'x3' . There will be
1 storage shed made of wood 10'x14' at the back or North side of the property that will
contain a Iawn mower,gardening tools, snow shoveling equipment, and some folding
tables and chairs. The center is for quiet healing mediation and tranquility and is
designed to stay as close to natural nature as possible.
Sincerely:
Thai Buddhist Center of Minnesota
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1~.iver
13065 Orono Parkway
Elk River, MN 55330
May 10, 2011
Mr. Devin Petersen
7%44 Carnelian Lane
Eden Prairie, MN 55346
VIA EMAIL: devinpetersen09@gma,il.com
RE: Comments, Thai Buddist review
Dear Mr. Petersen:
City Staff held its site plan review committee meeting on Wednesday, May 4`'', using plan sets
dated April 21, 2011 and received April 25~'. Following this review, the following comments
were generated.
If you have comments or questions, it is beneficial to bring those to my attention as soon as
possible. This letter will be attached to the recommendation to the Planning Commission
and City Council, currently scheduled for June.
1. Wetland. Please have the wetland delineated. There is a concern that the parking lot
is encroaching into the wetland, and a delineation will verify that.
2. Floor plan. The submitted floor plan suggests that the new addition will house a
kitchen an restrooms. Please verify that the existing garage space will be open, for
services and other uses.
Floor plan. Parking requirements are based on design capacity of the main room.
What is the design capacity?
3. Septic system. The addition of restrooms and a kitchen will increase use of the on-
site septic system. Please provide verification from a licensed septic system inspector
that the system can accommodate the design proposed.
4. Number of freestanding structures. I note that there are currently 3 freestanding
accessory structures on the property. The Ordinance permits up to two; All
freestanding structures will need to be outlined as part of the Conditional use Permit.
Phone: 763.635.1000
Fax: 763.635.1090
www.ci.elk-river.mn.us
5. Building_plans. Generally, the more developed building plans are, the better
informed the public, city staff, and the City Council can be during the review. I note
that the building floor plans are sketches, and are not issuable fox building permits.
Final drawings drawn by an architect will be necessary to verifh occupancy, load,
exiting, and other factors, prior to issuance of a building permit.
6. Drainage Calculations. The City Engineer has determined that drainage calculations
are not required at this time.
I hope this infom~ation is helpful; please do not hesitate to contact me if you have any questions.
I can be reached at 763/635-1034
Sincerely,
Jeremy Barnhart
Platu~ing Manager
Phone: 763.635.1000
Fax: 763.635.1090
vwvw.ci.elk-river.mn.us
1V.~~~
13065 Orono Parkway
Elk River, MN 55330
June 7, 2011
Devin Peterson VIA EMAIL: devinpetersen@gmail.com
Petersen Construction
7744 Carnelian Lane
Eden Prairie, MN 55346
Thai Buddhist Center of Minnesota
10863 208` Avenue
Elk River, MN 55330
RE: Thai Buddhist Center
Dear Mr. Petersen:
City Staff is completing the analysis and staff report for the Plannuig Commission meeting,
scheduled for June 14~'. In review of the wetland delineation received staff noted the proximity of
the planned improvement, namely the parking lot, to the existing wetlands. In review of the
wetland delineation graphic received May 31, and a site inspection completed on June 2, we note
that the planned improvements appear to encroach into the require wetland buffer and setback
areas.
Elk River Ordinance section 30-1851 requires a 25 no touch buffer immediately adjacent to a
wetland. An addition setback from the buffer area is also required (30-1852 b). The site plan
indicates that much of the parking lot on the west side of the drive encroaches into the buffer,
setback, or both. Additionally, the City Code requires a 24 foot wide parking lot aisle and all
parking lots must be bordered by concrete curbing.
Because of this encroachment and necessary alteration to the parking lot design, the City is not in
position to approve the plans as presented.
The Thai Buddhist center has a number of options:
1. Adjust the parking lot to avoid placing spaces within the wetland buffer.
Phone: 763.635.1000
Fax: 763.635.1090
www.ci.elk-river.mn.us
2. Relocate the parking elsewhere on site.
Both options require the alteration of the parking lot design. To help illustrate the requirements,
staff has sketched an option. The following will be a recommended condition for approval when
the Planning Commission reviews your request on June 14~'.
The parking lot shall be redesigned to avoid the wetland buffer and include code
consistent aisles and curbing.
Please contact me at your earliest opportunity, and we can discuss the options further. I can be
reached at 763/635-1034
Sincerely,
Jeremy Barnhart
Planning Manager
Phone: 763.635.1000
Fax: 763.635.1090
vwvw.ci.elk-river.m n.us