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5.5. SR 07-18-2011REQUEST FOR ACTION TO ITEM NUMBER Ci Council 5.5. AGENDA SECTION MEETING DATE PREPARED BY Public Hearin Items ul 18, 2011 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Request by Devin Peterson (Peterson Construction) on Behalf of Thai Buddhist Center of Minnesota for a Conditional Use REVIEWED BY Permit for Institutional Use in R1a Zoning District, 10863 208t1i Ave, Case No. CU 11-08 -Public Head ACTION REQUESTED Staff and the Planning Commission recommend approval of the Conditional Use Permit for Institutional Use for the Wat 'Thai Meditation Center, as shown on the attached drawings with the following conditions: 1. As a Conditional Use Permit is not a Building Permit, the applicant shall receive all required permits. 2. The standards for issuance of the Conditional Use Permit shall be satisfied in perpetuity. 3. The development shall meet all applicable fire codes. 4. Parlang lot improvements shall provide for ADA compliance parking spaces, a 24-foot wide drive aisle, and concrete curbing and shall be approved by staff' prior to any construction. 5. An address number must be displayed at the entrance to the property. 6. No more than three freestanding accessory structures may be provided (e.g. shed, gazebo, and institutional space). BACKGROUND/DISCUSSION Thai Buddhist Center of Minnesota has requested Conditional Use Permit approval to expand an existing two stall garage with a kitchen and toilets. Internal improvements will include the conversion of the open garage area into a meditation room. The garage addition will match the existing structure. While use of one's home for bible study (regardless of frequency) is permitted, modification to a home to support such a study requires a Conditional Use Permit. The expansion of the garage and conversion of a kitchen is an example. The attached Planning Commission staff packet is provided fox more information. Planning Commission Comments This item was originally reviewed by the Planning Commission at their meeting on June 20, 2011. At the meeting, the Planning Commissioners were uncomfortable with approving the CUP without the final parking lot plan, or at least a better understanding of the impact these improvements would have on the neighborhood. The Planning Commission tabled the item to July, allowing the applicant to prepare materials to illustrate those impacts. N:\Public Bodies\City Council\Council RCA\Agenda Packet\07-18-2011\CU%2011-08%20SR%20to%2000%207-18-11[1].docx Prior to the July 18 meeting, many of the Planning Commissioners visited the site, noting that the applicant had taped off the boundaries of the parking lot addition. Commissioners commented that adjacent houses were not visible, and that not that many trees would be removed for the improvements. Public Comments Prior to the Planning Commission, a letter in opposition to the request was received and is attached. During the June 14, 2011 meeting, residents provided the following comments: ^ Concern about the number of people during events ^ Concern with the "hundreds of cars" ^ Signage ^ Frequency of events ^ Impact to property values ^ Septic system damage due to cars ^ Tree removal as part of parking lot expansion will change the neighborhood. No public was present during the July 12, 2011 Planning Commission meeting FINANCIAL IMPACT None ATTACHMENTS ^ Letter of opposition ^ July 12, 2011 Planning Commission packet ^ Addition layout received July 12, 2011 ^ Additional public notice dated June 23, 2011 Action Motion by Second by Vote Follow Up N:\Public Bodies\City Council\Council RCA\Agenda Packet\07-18-2011\CU%2011-08%20SR%20to%2000%207-18-11[1].docx Barnhart, Jeremy From: Thorndal, Joe P. Sent: Tuesday, June 14, 2011 12:03 PM To: Anderson, Dana; Barnhart, Jeremy Cc: Bell, Paul; Ives, Troy; Johnson, Eric; Lemke, Pete; Scott, Kevin; Westberg, Chad Subject: 6/14 Meeting Regarding CUP for The Thai Buddhist Center Attachments: http_webl-elkr.ci.elk-river.mn.us_weblink7_docview.pdf June 14, 2011 City of Elk River Planning Commission Subject: Case No. CU 11-08 Request for Conditional Use Permit Devin Peterson of Peterson Construction On behalf of Thai Buddhist Center, 10863 208 Ave NW, Elk River, MN 55330 All Members, As a longtime resident of Elk River and the owner of property directly adjacent to the subject property noted above, we must strongly object to this request for a conditional use permit. We have watched the clearing of the woods and the massive modification to the property that has already taken place. We have exxperienced huge functions with hundreds of people next door on a regular basis. We have been concerned and wondered about the environmental impact. And until now we have remained silent. But with the steadily increased use of the property next door that we have seen, we can no longer remain silent. We must object to the proposed use of this property as it will directly impact our family and our ability to peacefully enjoy our home. We moved to Elk River precisely for that reason, namely to peacefully enjoy our home in what has been up until now a very private area. If we wanted to live next to a business or a church we would have done so. We urgently request that this commission stand up for our family and our neighbors and reject this permit. And we offer the following in support of this request. 1. The area is zoned residential. Stated simply, this request is not for residential use. 2. The property already has signage for the center that we feel is inappropriate for a residential area. 3. In spite of current signage, we've experienced several occasions of strangers coming up our drive, walking to the back, and literally looking in our windows, mistakenly thinking it was the "Center" next door. 4. While the mistakes made by users of the center are objectionable, it's perfectly understandable. And in fact the people that have done this have been very polite. We haven't had a serious problem as of yet. However the increased use is a concern, and we would find additional signage in our cul-de-sac even more objectionable. 5. The impact on our neighborhood is extreme. On weekends when the 'Center' has what ever functions they have, the property hosts what appears to be hundreds of people. Along with the hundreds of people are literally a hundred or more cars. This is no exaggeration. There are speeches being made, they have gongs, and spend a good portion of the day on the property. Regarding number 5 above, I would like to make clear that these are very nice people that are polite and well behaved. And if it were an occasional party or celebration we would have no objection. But such is not the case. These functions take place often and what is being conducted next door to our home is a business. Or a church. Or call it what you may. But it is certainly not typical use of residential property and we strongly object to it's continuation. It will directly impact the value of our property in a negative way and it also impacts the ability of the entire neighborhood to peacefully enjoy their homes. I respectfully request the Planning Commission reject this request for a conditional use permit. We are asking all of you to stand up for the rights of our family and our entire neighborhood. We object to the continued use of our residential neighborhood for business or other purposes. Sincerely, Joseph & Christine Thorndal 10923 208 Ave NW Elk River, MN 55330 FILE COPY REQUEST FOIE ACTION TO ITEM NUMBER P Commission 5.1. AGENDA SECTION MEETING DATE PREPARED BY Planning Julp 12, 2011 Jeremy Barnhart, Plaruvng Manager ITEM DESCRIPTION REVIEWED By Request by Devin Peterson (Peterson Construction) on behalf of Thai Buddhist Centex of Minnesota fox a Conditional Use REVIEWED BY Permit fox Institutional Use in R1a Zoning District, 10863 208`t' Ave, Public Hearin -Case No. CU 11-08 ACTION REQUESTED Staff recommends approval of the Conditional use Permit fox Institutional Use, as illustrated on drawings dated Map 31, 2011with the following conditions: 1. As a Conditional Use Permit is not a Building Permit, the applicant shall receive all required permits. 2. The standards for issuance of the Conditional Use Permit shall be satisfied in perpetuity. 3. The development shall meet all applicable .fire codes. 4. Parlang lot improvements shall provide for ADA compliance parldng spaces, a 24-foot wide drive aisle, and concrete curbing and shall be approved by staff prior to construction. 5. An address number must be displayed at the entrance to the property. 6. 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 Julp 31, 2011 OVERVIEW The original Planning Commission Packet, dated June 14, 2011 is attached, providing additional back ground information: At the June 14 Planning Commission meeting, the Planning Commission held a public hearing, and reviewed the application submitted by Devin Peterson on behalf of Wat Thai fox their proposed prayer and meditation center. During the public hearing, a number of concerns were raised from neighboring property, primarily: Impacts of driving on Septic system The amount of traffic being generated, residents felt that more than 50 cars was a common practice The impact of the parking lot on the existing trees on the property. " Y C"~sE'.i,il:."•:CU*-0~* ^c ''" Thai Buddhist Center of Minnesota Page C . a ~-~ ~- The signage a=ould impact neighborhood. The belief that an institutional use would negatively impact property values. The Planning Commission ultimately tabled the decision, directing staff to review these issues, and to allow= the applicant time to prepare an acceptable parking lot design. Since the meeting, staff is able to .comment on the concerns heard by the adjacent property owners: Impacts of driving on Septic system. The applicant proposes construction of a new septic system designed to accommodate both the house and the proposed addition. Concerns with the existing septic. system mill be addressed arith its abandonment. A septic system mill require a permit from-the building department. The amount of traffic bein~genei•ated residents felt that more than 50 cars was a common practice. Regardless of the action of the Planning Commission and Council, the property owners may have frequent visitors. Via the CLZ' process, ltmiting the number of vehicles is unenforceable. The impact of the parking lot on the existing trees. On July 7~', staff received a faxed draft of the parting lot design. The sketch is not to scale, and is not approvable, so it is impossible to fully: understand the impact the parking lot will have on the existing lot and by possible extension, the neighborhood. It is known that a parking lot, appropriateh= designed will be noticeable to adjacent properties. It is not known if this change will significantly impact the use and enjoyment of the adjacent properties. It is important to note that there is no'restriction on a private property owner removing anF number of trees, altering the neighborhood. The reasons the proposed parking lot, shown on the attached fax dated July 7, 2011, is not approvable follow: The plan does not indicate curb. and gutter The plan does not indicate drive. aisle width The plan does not provide adequate and reasonable turning movements for vehicles The plan does not provide parking for persons with disabilities The signage would impact neighborhood. Signage ~ permitted for every home, regardless of conditional use granted. Political signage is unregulated. Home based business are permitted 2 square feet of signage. An approved institutional use is permitted 92 square feet of signage. The belief that an institutional use would negatively impact property values. A frequent comment. No evidence has been provided that this proposal will negatively impact property values. The Standards for Conditional Use permit follow. The Planning Commission and Council should only approve a Conditional Use permit if they find the proposed use: 7. 1.Y~ill not endanger, injure or detrimentally affect the use and enjoyment of otherproperly in the immediate vicinity or the public health, safet~~, morals, comfort, convenience orgeneral welfare of the neighGorhood or the city. The Council may or may not find that the use detrimentally affects the use and enjoyment of other Prope~'• 2. mill Ise consistent with the comprehensive plan. It is staffs opinion that the use is consistent with the Comprehensive Plan. 3. Dill not impede the normal and orderly development and improvement of surrounding vacantproperty. It is staff's opinion that the use will not impact the development of surrounding vacant property. N:\Departments\Community Development\Planning\Case Files\CUP\CU 11-08 Tai Buddhist Center\CU 11-08 SR to PC 7-12-1i.docx Case File: CU 11-08 Page 3 Thai Buddhist Center of Minnesota 4. 1~ill be served adequately by and will not adverse~~ of ect essential public facilities and services including streets, police and fire protection, drainage, refuse di. posal, water and sewer systems, parkas and schools; and will not, in particular, create trajffc congestion or interference ra~ith traffic orr adjacent and neighboring public thoroughfares. The Council mad or may not determine that the use will adversely affect surrounding public facilities, in particular the street. ~. Twill not involve uses, activities, processes, materials, equ pment and conditions of operatiora that will, be detrimental to anypersons orproper~~ becaarse of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The Council may or may not determine that the use will invohTe activities that are detrimental to other persons or property due to noise or traffic. 6. TY~ill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The Council may or mad not determine that the improvements on the property will result in the destruction of natural or scenic features. 7. lY'ill ful~~ comp~~ with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orper~nit 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. It is important to consider these standards as they apply to the proposed use, not the use that has occurred in the past. The use of the dwelling unit for pra~Ter and meditation is anon-regulated use. The Planning Commission and Council should discuss any concerns with standards #1, 4, and 5 as they apply to the proposal versus the use of the property for prayer and meditation. Does regulating the property through the Conditional Use Permit, including adding reasonable conditions help to address the concerns of septic tanks, noise, and traffic? Does a larger sign help direct visitors to the property, rather than searching through the neighborhood as reported? Does an alteration of the property to provide fox additional off street parking address the haphazard parking system in the past? It is staff's opinion that the appropriate construction of a parking lot, and the ability to regulate the property based on the Conditional Use Permit criteria. will address the addressable concerns raised thus far. ATTACHMENTS Location Map Revised parking lot sketch dated July 7, 2011 June 14, 2011 Planning Commission packet 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 7-12-11.doc~ ^ ^: ~,~~/,~t-l~ i:;:e~s ,a~aaz~6E.~ CI~z1,t ~Gr~ ~ ~ _..._,_...: F;::rC 61,r~1 .., .. .~7~~• ~yy,l ~ ~' "~''Iti~ •`• '~'16a~r,• fj^p .«%~~i ~' V ~.J..,1 ( I~ ~ ' M yam, , ,~1, .:'in. ~ II i 11 ~~ / ~~~ TA1~f1NC ~~ ,' I . ,_: .., ' 0 ~~ yh. :'i' I' ~; 11 +: r~r~~. ~~ off /~LI,~ r /` { ,M1. ~~ ~, .,., ,~I;,a.<< ~~ Ij i ~ ~ ~~ / ' .~~~!~si, 'fir'. ~" I<F`(' 9T~N~ ~ ! I I qq r' u.i ~'' fitzT ,Innric ~~rr~t_i_ f I Lam., ~ i 1 ~, I ' ~p ~' rl ~ Ihf ~ ~ ~ ~~ ~t l •"~,~ +! /......•tR'._ 4 X53.3 i / f I ~~ I f i I N I Y 1 ~ ', ~ I ~5,~/I u:.G.~ 4 bbd., l;j ... US ! i ' / ~~4' %' , I , /O' I .1. .. '' v~ )~ /' ~ ~" I: .. ~~ „ ~ i ! ~ ~ 1 ~ I \. 97"x_"--..~--+~-.-~' ~, I ~ ~ ` ~ `~i' \ _i 't r~'-'~/`\ ~ 1 `~ J~5,.~ „d'~t 61,p~I~OUS SUF~FACE' ,r ~ ~:~ ., r>•~ ~ , -:~- -... _ . /~.~ _.,-,~~{ . ....~,~•-p, ,_ . -. ~~~ ~1TM bt'~.nd Pax tran~mttral memo 787`1 ~ of ~10h!`9 - _ rrotn~ C „~! ,,~. co. ca, ~~ ~.~ vept. hones '.~, ~ h .. = F9x A_ 1 G.' ~ ~ A f~ FUM f! ~r;: A+:~~. a •' -~- s~ ~~!NE o(" TriE I~IE Ya C)F T THE ;tl~ !;~ p~ ~~'r• I~, 7~,Nr f --j Fi~QlJEST` FAR ~CTEQ[~ .~. Ri~e~ TO ~ ITEM DUMBER Planning Commission 3.1. AGENDA SECTION ~ NIEE l (NG DATE i PREPARED BY Planing j June 14, 2011 I Jeremy Barnhart, P lanr~lg ?`Ianager ~ ~ I EM DESCRIPTION REVIEWED By Request br Devia Peterson (Peterson Construction) on behalf 1erem~ Bamhaiy Plznl`un ~Iana~ er of Thai Buddhsst Centex of ~Tinnesota for a Conditional L se REVIEWED BY Pernit for Institutional L`se in R1a Zoning District; 10863 208`'' Awe, Public Hearin -Case loo. CI.~ 11-08 ACTION REQUESTED Staff recommends approval of the Conditional use Penr~it for Institutional L se, as illustrated on drawings dated l~'Ia~- 31, 2011~zzth the follow-ing conditions: 1. As a Conditional Use Permit is not a Building Permit, the applicant shaII 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 RTide drive aisle, and concrete curbing. 4. An address number must be displayed at the entrance to the property. 5. INTO 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 1vlinnesota Location/ Address 10863 208`s Avenue NZX~ 60 Qay Rule The City must take action by July 31, 2011 ®YERVIEW 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 meclitation. The total size of the building would be %8 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.) ~ e ~ s~ p '~ ~''?; Case Fi]e: CU 71-08 { Thai Buddhist Center of A~.-innesota ~ppLed, a person or group nla~ use a home to host a bible stnd~ ~-eeb1~ for e~ ample, b'~t r-~ak;l~g rrloci~ca:ion~ to the s*,~-ucr.-e for s~~ch a.~se "ould re q'`ire a co~?diaonal use pe~_t. Illai B'~ld~'~~t Center Of ~~'lesot2 has 0~:,-ned rile hCnle iOT a n~~ber Oi ~ ears, aIld has had pe~0~'C eie^~., _^_: Tl7e ~ Cile ane On its gTO11i~Q5. ii; 1$ 1S the Est a~pllCatlOn L~"le CitC' has recei~ ed to make ' - mo~:+~canons to `_e propel~L, . The addaon ~ ~' be sided „iu'~ ~ L-?~l sidi~`1g to match he e ~su~g sLLactnre. Based on -=7e inlor-ma~:~on p?-o~ ided, it appezrs plat Lhe building ;~-~ be residen`al;'? ch~~-acter. Otller improvements to Lhe propem-incl-ude a 13 ~ 1~ shed'e~ssnngj an 11 b; 11 gazebo ;e~isungi, and a proposed 10 b~- 14 foot shed on ttile north side Of the proper-. Ln residential areas, ~~~-o detached strsct~.ires are pel--mitted, ~-ith a total square foo~ge of X000 square feet The applicant proposes fo~.~r, :~-irh 2. i96 square feet. Staff suggested that the proposed shed be at*aclled to tl7e e~isti_ng shed. BACKGROUND/PRECEDENT Precedent t~'ith the exception of tl-1e Elk Rim-er Lutheran Church interim LTse appro~ed?n October 2010 ~Cli 10- 15), all of the churches in the Cin- of Elk Ri~-er are in residential areas. l~'o record Of a denial has been found since 200. CsENERAL INFORMATION Location Existing Use Comprehensive Ptan Current Zoning Designation Subject Single Family Rural Residential R-1a Property residential North LTndereloped Rural Residential R-1a ageicultural 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\Commurutp Development\Planning\Caee Files\CUP\CU 11-US Tai Buddhist Center\CU 11-08 SR to PC 6-1411.doe1 Case File: CU 11-OS Page 3 Thai Buddhist Center of 1\Tinnesota 1. i~/ill not endange7; injure or dei7 mentally a7~r`eci t1?e use and enjo~~ynent of Gil?e9' pTO~'7eTty in ih. e ~ ) ~O /' O 1 7 ~ 4 r O O ~ o r ~mn~ediaie vzcznzt7 or i~_.. pul?lic l?ealih, s.~~~t~, ,norms, co,n~ort, con~~nz..;~ce e7' ge. Feral w- lra?'e of the 7~eigbbori?ood or the cite. 2. iN ill be consiste~~t c~ith i1?e comprehensive plan. ~. will not impede t1?e norm ~l and crde~ly de~~elopme,~tand impro~~%ement cfsr~r?"o~-ding ::accnt property. ~. t/ill b e ser ved adequately 1?>> and i.'ill not adversely ~~~ect essery7iial public,i~rlities aa~d services including streets, police and fire proiecticn, drainage, refuse disposal, eater and se~~er ~~stems, parbsandschools; cnd ~~ill not, in pariicula7; create trafj~c congesiion or inte7ference ~-"it1? traffic G?i ad~aCent a~ad ne~g1?~ Or~ng publ~C t1?07"of.g1?fares. ~. Will not involve uses, activities, processes, mate? gals, equip~nent and conditions of operation i1?at :~~ill be det7•imental to any persons or properi,~ because of excessi~}e tra_~f c, noise, smoke, fumes, glare, odors, dust or vilr'ations. 6. Will riot result in tl?e destruction, loss or damage of a natural scenic or 1?istoric feature of major importance. 7. iklill fully comply r~itl? all otl?er requirements of tl?is Code, including any applicable requirements and stanc~rds f or tl?e issuance of a license or permit to establisl? cnd operate t1?e proposed use i~z tl?e city. If denial of such a permit should occur, it shall accompany- findings stating how the proposed use does not comply adth the standards set forth in Section 30-654. t~-NALYSIS As noted above, religious institutions are a relatively common use in residential districts. Generally, concerns are raised a~th 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. 1~Ithough the improvements proposed by the Buddhists do not include fined seats, it is staff understanding that the users in the room «ill use mats. Assuming a fairly dense configuration of 63 3' by 4' mats in the room, 21 parking spaces mould be required. The site improvements show 34 parking stalls, on either side of the e~sting driveway off of 208`'' 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. ~Jith regards to the application of the Conditional Use Permit standards to this application, it appears that the request is consistent with alt 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. Wlvle the applicant proposes no additional landscaping, the Planning Commission and Council may determine some is necessary to preserve the neighborhood character. N:\Depaztments\Community Development\Planning\Case Files\CUP\CU I1-U8 Tai Buddhist Center\CU i1-08 SR to PC 6-14-1 l.doec .~ Case File: CL 11-OS ~~ - Thai Buddhist Cente: of ?~tinnesotz Com~rehensi~e Plan Tile use OI reslCleIli_.aliT Zoned plOperLC' iOr 1u8~tllL~Onai L'~e 1~ COnSl~tent :~1-1i 'die Co~_p?-e~ensi; e P lan. Trees ~',~uCl1 Gt a"le ioL iS liea~=_l~ Hooded. ~ ~, ° _ ~~'` ~""~ a ~?~t last tali aIl ~e-ere xe:Ilvi ed. i~.~~=b.r oI gees c~~:~ed O ~ \ d ~_..1an s Tile ~-estern por`?on of ;'7e properr-. i~~_ediatel~- ~, est of tLe parl~g lot, is a large ~, e->?nd. Tlie park`1,g lot ~ about 1 feet fro=n ~~e :~-etland, at its closest point. ire„etland buffer of 2~ feet applies and must be ~aLT?tamed, re0'~-ig a :i!OdiIlCa~!On i0 tLe parly~ig lot deS~~l_. L~' y11 LeJ' Tie applicant liar indicated drat a second on-site septic system is proposed for tl:e ?nsututional b~.iildi~_g. ATTACHMENTS Location N1ap H _'~pplicant s '_~ arsati~e Final Grading Plan and Site Plan s Staff comment let~er dated 111a~> 10, 2011 Staff Comment letter dated June %, 2011 AC~EOtI Motion bt- Second b~ Vote Follow Up =\Depaitmeiits\Community Development\Planning\Caae Files\CUP\CU 11-U8 Tai $uddhist Center\CU 17-08 SR to PC 6-14-11.docs 1-~ CL LI I ~'°` LLt ~°" f~ ~"_ saw ~.: .~ ~..~ Thai Buddhist Gentei of 1~~-uiesota 10863 20~~` Ati-en~.e - Elk fiver ?fin 5330 Project l~arrative i°l-ie btii~au~Q z~ ill be a Buddhist medz~at~orl celiter. The ho~~-s of operationwill be >~ t~iru F i0:0G a-h until 1:GG pm Sat ~. S~:tin 10:00 am ~.lntil 2:C~0 pm. There ~~~i11 be an average of ~ to 10 members attending ser~-ice at any giz-en time and 2 ar 3 employees in attendance also. There area zxisting 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 1 sign only at the entrance of the driveway made of wood, 1'x~' _ There will be 1 storage shed made of wood 10'x14' at the back or l~TOrth side of the property that will contain a lawn 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 Muinesota ,~4 .. -.~ .. ~ ~ - __,~. .~ ,~.. ~~.'...v _ '. ~ - E~~~rf9C~ts!F E E l~ ,« S T t r4I J ~^!,-r ~ ~ ,r !A~ J' e f f ~ t r~ + ~ ! 1 ~~~~~ ~ i i ~ I F~f ~ i 1 ~~ ~ 1 ~ y, ~ 4 ! ~ ~ /~ r y f O- / i ~ ~(~t~ 1 ~ JI ~~~~ i i f JJJ ~~~ ~ j • ~ ~ ~ " ._...~ ..~ ~ ,L ~ ~ ~ ''~` , ~ 6 i i! ~ ~~ ~~ ~~ 13065 Oronc Par4cv~~ay ilk River, MN X5330 j~ane , ~Oi1 Devin Pe~erson Petersen Construc-uon 1 i 44 Carnelian Lane Eden Pr~~e,'~~ 55346 VZ~ ENL.>~IL: de~-inpete~~en;~ginailconz Thai Buddhist Center of l~~esota 10863 208' Aveaue Elk River, l~~ 55330 RE: Thai Buddhist Center Dear ?~~Ir. Petersen: City Staff is completing the analysis and staff report for the Planmitlg 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 deIneation graphic received May 31, and a site inspection completed on June 2, we note that the planned improvements appeal to encroach into the require wetland buffer and setback areas. EIk River Ordinance section 30-1851 requires a 25 no touch buffer immediately adjacent to a wetland. A.n 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 irLto 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 lotto avoid placing spaces within the wetland buffer. Phone: 763.635. I a00 Fax: 763.635.1090 www.ci.elk-river.mn.us ?. Re1o:~~e the r`~ e~e~'ne.-e on site. ,- F . 3o:h o]so~~ _~ ~..._°..~e al~~r~don o_ =he ~~-=,~n_? ioi desi~ To bel~ _1~.~~~~e the ~eq'a;re~e~:-s, sue= hr~~ ..iLe~chvd ~ option. ire o~o~~~1' be a recom~-~iended condinou for appror 1 .1 hen -fie ~~: ~~c CO"'"~""~~~o'i _e~ l~'v, ~ -0'.~" _ev^,:leST OIl T-i~e i r-, ~?".~e ~%--~ ^g ioi ~~ be _ede_x= ed ~o ~~-oid Lbe-~-e`~d bufex ~d ~cl~~de code pG~S.. ~__.~ .___.._ ....(' ....._bi~. p~e2=.. cO~LC~ me eI -p~.,. ~~eST Gp~o_~.:~~+, 2nQ ~,e Can CLC:~SS :tee GpVOnS iuii Ter. 1 c2Il be // ~- n^ n, \_, "P!- ce~.._~ . Jeremy Bambart Plat~r~ ~!f2~.vP-eT Phone: 763.635.1404 Fax: 763.635. ! 090 v/ww. ci. e! k-ri ve r. m n. u s E1 ~~~ 13065 Orono sari.-~vzy =1k River, MN 15330 ~Zav 10, 2011 ~jir. DeT-in Petersen i -^, T Carnelian Lane Eden Prairie, l~Z~ JJJ~6 VI~%~ E?`r'L4II.: de~-inpetersen09~gmad-corn 1ZE: Comments, Thai Buddist renew Dear 1t~Ir. Petersen: City Staff held its site plan review committee meeting on ~Jednesday, May 4s', using plan sets dated Ap~l 21, 2011 and received April 2~`s. Following this review, the following comments were generated. If you hate 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. ~Jetla.nd. 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 e~i.sting 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 mill 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; x171 freestanding structures will need to be outlined as part of the Conditional use Permit. Phone: 763.635.1000 Fax: 763.635.1090 wwvv. ci. e l k-rive r. m n. u s ., .,. b»ililtl~ D2.~S CeIle_Zll+. ine ~OTe de~elo~ed ~'~~~~...L.`'~ rl~~ w`.e, `he ?jeL~eT ~IG"'1et7~ Vie r1b11C, CiLT 5:2IL :-~Ci ~e Clip CG1=1CL~ C2Il be CilLIl~ -~E ie~7eW. I ~GLe L a~ :fie ^~:`1~~ *~oo~ ?t"„~ ~e ~keunes ~~ ~e nog ___~~~le ~o~ b~c~n~ ae~s• lcac~, ~_^~l C:2u •~~S C!=2~;~ ~T cIl .=C`'?~eCi~~1 ~Je ~eCe.,~~~ t0 ~ e~i OGCLI~~:.~. e~~~>'~, '~~7 O~~eT FaC~O_"~, ~7'~OT i.0 1~~1.1LIlCe OT S ~Di_1r:~~ pe~°?~'i. J. ~r^7^2~e (l.l~i~"iOnc l.he C~~ t-T~~~eeTl~ac re~e~~eC~ '~2~'"'=~"'9~e C21C~~IIOIl~ %~ e i!OL TeC"..`?-eu cL r,c "`T- e. I ~G~e -~i: ~=0~~0^ L ~P.l}~P.L al~c~e QO IlO~ ~e~'_Tc=e ~G CO~~C! _te i ~ c'i ~c~ e c^_P.1 CI'~e~~0~~. I C~ be ~eac~ed at -63`6~~-1C!~? ~incerel-. Jeremy Bart P nninff ~~ger Phone: 763.635.1000 Fax: 763.635.1090 www. ci. el k-riv er. m n. us -~ ~i ~~ ~~~ ~ i ~ ~1 ~ ~ c Q~ ~ s _ ~ ~- ~ ,, 0 ,~ .~ ,~ a- _a 0 tl . 0 Elk Diver ~~~~ ,~- 13065 Orono Parkway Elk River, MN 55330 June 23, 2011 Dear Property Owner. The request by~%at Tai Buddhist Center of Minnesota for a Conditional Use Permit for an Institutional Use was reviewed bythe Planning Conunission at their June 14, 2011 meeting. The request was tabled to the July 12, 2011 Planning Commission meeting in order for more detailed information to be provided. This meeting Rill begin at 6:30 p.n~. and will be held at the Elk River City Hall, 13065 Orono Parkway, Elk River. It is anticipar:ed that the Planning Commission will make a recommendation on this application, and will then be reviewed by the City Council at their July 18, 2011 meeting (also, 6:30 p.m,, same location). If you have any questions regarding this matter, please contact Planner JeremyBarnhart at 763/635- 1034 or email him at jbarnhartCcr~. ci.elk river.mn.us. Sincerely, l ~. Deborah Huebner Community Development Assistant Phone: 763.635.1000 Fax: 763.b35.1Og0 www ci.elk-river.mn.us I I I I I I ,, ~' s ~~ ~ I LLYSSES ~ Iy, d r! ti k v 1 5 @ a ~ _ _ f( ~ ., STREET NW ~ , j~l r f ~`~ ~ ~ ~ ~'•,• '' "`" ~,~a7 8j4' ass., i I~ l 7 f $2 ~~ROAD EASEMEN7 PFIi \'P ~ ~ ~''' ~9gs o" ~ `~ ~"- _ 7 f ]~~~ t ~,~ r f r ~ ~ ~ DOC. 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I f I ~ f ~ i _ ~• ~ T~ ~ ~ Ir ~ r I ~ ~ z~ F ~ ~ ~ _ l } M 41 - r+l~ ~ J .- - - 1, wi OZ x ,O ~ .~ ~~ - s ." m i~ ' ! i t ~ \ ~ ~i gs ~•~\ . ~ -' ~~ r ~ b~ fr . 7 3 ~ ~-~ T ~ , ~,. ~• 17L Ho85E ~ f ~ ~'~' ~~ ~- ~ `~ ~~~~~ . _ -~` ~ ~ ~. ,~"_ .•, caRACE ~~ .....•.. { y 1a ~l `, , ~S E~ i I t~4 I , } N 1 I-v~p(a, 1 P„ i~ ~. ~ ns r zQQ @ i~ ~ I t, I ^_r.9 4`'i A 1 ~~~~ ..,,~F x'4.4 @ 4~1. I ~'... _, • ... ._., .titm _ 6yF2 J~~~ti:p~P c~/N ^F10 *,6 I ~~ '14 I \ ~'• ^ 5,•Y .. ..- 'i~~ k V..4.ym ~.~. "~", t Q^n,~ `' ~~ u0W LINE_a.__r t - ti Q 1, ~~'~'~ r~J ~~. i ~ ^ t, p ,.,,,. I."`d•.i}. .~lo -1' v i-i "`*, ~ "-.. `_982 ~~ £ -....•~ ..-I.. rm -~ - ~~_ - __ ___~ s?'` a ~ ~ ~,4` / f $ F• rl," I -97M1. '"`.4 96'E' ` r" f, I RO ~ Y ,y i~~ ~ f t \ ~A. P :1( .-.978.; _ "' "9)~~`".97pv _ I`"7r •,.~Y~..^ ~ i P f `~~~ OO... ~. ' I m~'ol7 ~3N~~ i~ I o I - + oge ~m6~ r =I I ~ ~ 0 I Z AOZ O~ v Q `~' ~~ W O~ ^-`, f zo ; u~1 m L3:C Q~V~~ ~ i r4- N = y { b I~ .~¢ 1• si ' 1tG p I 0 Bpp ~ • O ~ ~ [e': r C_rr J r ` ~ \ (~ i ~ ~ ~ R ~ 6 ~ g r -4 ' $ m v o 0 o v o o v v ~ v o o v v v ~ 4 g~~~ 4~ Z~ 4 Z~4~~~Z44 g ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m m m m m m m m m m ~ 'z Gj ~ ~ ~ ~ ;5 ~ B ~ ~ zs ~ zs x X ~ ~ rn , o ~ ~ ~ ~ y ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O g ai czi czi Qi o ai ~i czi szi ai ~ czi czi ~ o o ~ ,sfi v y v ~ .9 ~ ~ ~ g g ^' m In K D v ~ ~ ' a $ ~ ~ ~ ~ ~ ~ N z ~ ~ Q v n fn ^~ C ~ ~ m ~ '~ y I hereby certify that this plan, specif- cation, report was prepared by me DATE' 4 21 2011 ~ REV NO. DATE DESCRIPTION FlNAL GRADING PLAN & SITE PLAN Oliver Surveying & Engineering, Inc. or and direct supervision and DESIGN BY: WJM I 31 01 W T N ATION Z ° ELK RIVER MN thot I o Licensed Professionol DRAWN BY: BJC , LandSurv Civil En eerie InndPlannin ~g • 8~ g • 8 ~~ Engineer u hpp lows of the state ° of Minnesota. /~A CHECKED BY: WJM PREPARm FOR 580 Dodge Ave. Elk River, ~nnesom 53330 _- I/i I~/ DWG 6 0 NDR : (763) 441-2072 -jac. (763) 441-5663 : - Y \ Signoture: TEXT: THAI BUDDHIST CENTER www.oliver-se-com William J. Moonen, ~ Fl N 8868 1 3 _ Date: XX XX 2011 Lic. No. 26777 LE O.: 0-0