6.6. SR 04-20-1998'ity of
River
Item # 6.6.
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Scott Harlicker, Planning Assistan~
April 20, 1998
SUBJECT:
Request by Living Waters Church for
Conditional Use Permit, Public
Hearing Case No. CU 98-4
Request
Consider a request by Living Waters Church for a conditional use permit to
allow them to utilize space in Elk River Plaza as an evangelical meeting
center.
Location
664 Freeport Avenue, Lot 4, Block 2, Elk River Plaza
Zoning/Land Use
PUD (Planned Unit Development) / HB (Highway Business)
Attachments
· Location map
· Site plan
· Letter from applicant
Overview
The applicant is currently utilizing a portion of Elk River Plaza, the space
formally occupied by Video Update, as a temporary home for their ministry
center. They are proposing to extend their use of this site on a month to
month basis until they can find a permanent location for their church. Most
of the issues associated with this application involve the Building Inspector
as it relates to building code issues. They have been working with the
Building Inspector to ensure that they comply with all building and fire
codes. They have completed some interior renovations but need to complete
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City CounciYCU 98-4
April 20, 1998
Page 2
more extensive changes if they are to occupy the space on a more permanent
basis. They are not proposing any signage at this time.
Parking
The recent applications to expand the movie theater and a health club in the
space vacated by Pamida brought up the issue of parking. Based on the
current mix of tenants, including the theater expansion and the health club,
1103 spaces are required and 870 are provided. To meet current parking
requirements an additional 233 spaces would be required. With the
expansion of the theaters and the health club parking spaces will be at a
premium during certain times. As was mentioned during the review for the
theater expansion, it will be important to make sure future tenants will be
the right mix so that the parking demands for each tenant balance out.
In their letter the applicant states that they would probably have meetings 3
or 4 evenings from 7:00p.m. to 11:00p.m. These times would probably
coincide with peak parking demands for the theater and the health club. The
church felt that the meetings would likely be attended by 50 to 75 people. At
the present time they indicated that parking has not been a problem.
Future Relocation
Conditional use permits apply to the land on which the business is located
and can not be transferred to a different parcel. The applicant has expressed
an interest in possibly relocating to a larger space within the mall. Should
the church decide to pursue that option and move to a different space on the
same lot, such as the space formally occupied by Country Market, they would
have to amend their conditional use permit. If they relocate to a different
parcel, such as the space vacated by Pamida, they would have to apply for a
new conditional use permit. Since it is likely there will be a different mix of
uses in the mall, this would allow the city to review the relocation based on
the new mix of tenants. Since the main issue is parking and it would not
change if the church were to move to a different location within the mall,
staff would also recommend the application fee be waived in either situation.
Planning Commission Meeting
At the Planning Commission meeting held on March 24, 1998, no one spoke
at the public hearing. The issue of parking was discussed by the Commission
and what would happen in the future when the mall is fully leased. The
applicant explained the site will be used as a ministry center and Sunday
services will be held elsewhere.
\ \e lkriver \sys \shrdoc \planning\scott \cu984cc.doc
Memo to Mayor and City Council/CU 98-4
April 20, 1998
Page 3
Recommendation
The Planning Commission and staff recommend the City Council approve
this request for a conditional use permit by Living Waters Church with the
following conditions;
Future relocation within the mall would require an amendment to this
conditional use permit and the application fees relating to that
amendment be waived.
2. All conditions outlined in Conditional Use Permit No. CU 93-25 apply to
this new conditional use permit.
3. All signage shall comply with the Elk River Plaza PUD agreement and
the city sign code.
\\elkriver\sys\shrdoc\planning\scott\cu984cc.doc
i}0d50rono P~k',v:,/ · P.O. S,3.~ '90
Elk RD/:r. }iN 55110
ON
LOCATION
MAP
.-~.~:~,:~ ,~ February 4, 1~8
De~
,-I h~:)'~t~ed o~ request for a condi~on~ use pe~t to con~ue
'mee~gs a{:~e. ~ ~ver M~, ~ ~e E~er Video Update Space.
~e some po~tS}'~f.~oma~on to help ~ ~e approv~ procesS.
1. O~ "'~
~reement ~ ~e o~er is ~ewed as a Sh°~'t~~ mon~ to
mon~ si~a~on:'.'TWe ~e s~ hop~g to come to ~ agreement for a l~ger
space at eider ~e'fo~er Co~W M~ket or ~e foyer P~da space ~ ~e
M~. ~s Wo~d ~Ow us to move o~ offices ~d hold o~ 8~day se~ce
at one local0n. It !s'°~ hope ~at ~Y con~on~ use ~at~js approved for ~e
Video Update Sp~-~.~;e0~d be app~ed to a l~ger space, prolog we meet
requirements .qf~:~b~g omci~s ~ ~e ~mef. .
2. We~_c0n~ue to use ~e v~dgq~:UPdate Cpace as ~ Ev~ge~s~c
Mee~g cent~?~We woffid prob~ly noEbe mee~g'~ve~ ~ght ~ we presently
~e, but woffid:~e to keep ~at op~on ~pen to us. we ~ost ~elywo~d meet
3 or 4 ~tsta~?Week, beg~g at 7 PM~fl en~g By 11 PM ~ ~r o~
o~g~ agr~nL We may be ad~g gom~ day ~me.d~Ses ~at woffid be
.:3.': W~;haEenot fo~d p~g to be: a Problem ~at we: c~'t w0rk~.
4. I h~9~'~-et(mm c~ Skosmd ~d he ~iS:~}e~{ed':~e s~c~'~(~We
went over a few ~in0r ch~ges ~at he w0~d ~q~e ff we 'were'g~teda
longer tern condifi0n~ use pemt.. ~e wo~d. be ~ ~llm~ to m~e ~ose
I w~t to emph~e ag~, ~at we meW.~o~ ~e m ~e Vide~ UPdate
space as a sho~ tern ~gement. It was o~h0Pe ~at we c~ ob~ a
l~ger space when.~e ques~on of ~e E~ ~ver ~ea~e ~d '~e G~" ~e
worked out. ~You for yo~ coopera~on ~d pa~ence ~ wor~g ~ us
on ~s ma~er.. I'~ be ve~ happy to attend ~y mee~gs ~d ~swer ~y
ques~ons ~at ~se d~g ~s approve process.
Sincerely,
Bob Pullar, Pastor
"If any°~~ ~ts, let them come to Me and drink!" Jn 7:37
EXISTING IHOPP!
·
ER
__. ~~~ LOCATION OF CHURCH
i
'-3
THEATER
OPTIONAL PARKING AREA C
PAMIDA
PARKING
T
_ O
pal
II
C_ L_rX r~l ¥ E. rq
...5 I"1U I"' i"" I IN k.~
FREEPORT
AVENUE
10/11/12
31'
29
33
OF[,ooR PLAN
80'
NORTH
SPACE OCCUPIED BY CHURCH
1-2
3-4
5-6
7,
8,
9,
lO-11-t2
COUNTY MARKET - 800 FREEPORT
COUNTY MARKET DELI - 800 FREEPORT
ANTHONY MIKDLS PHOTOGRAPHY - 748 FREEPORT
JUST FOR FUN - 740 FREEPORT
.'~ST FOR FUN - 740 FREEPORT
FIRST BARBER STYLIST - 716 FREEPORT
MONTICELLO ATHLETIC CLUB - 708 FREEPORT
13, VACANT - 684 FREEPORT
14, AMERICAN INSURANCE - 748 FREEPORT
15, VACANT - 688 FREEPORT
16-17 LUGINBILL CHIROPRACTOR - 696 FREEPORT
18, SUNROOM TANNING - 712 FREEPORT
19-80 TRADING WINS BOOKSTORE - 728 FREEPORT
35,920 SF
2725 SF
1357 SF
1800 SF
900 SF
90O SF
3621SF
700 SF
544 SF
35t SF
1200 SF
680 SF
1498 SF
21, H & R BLOCK - 736 FREEPORT
E2, S?BRTS PLUS - 752 FREEPORT
23, VACANT - 668 FREEPORT
THEATER - 610 FREEPORT
25, THEATER
THEATER
27, THEATER
THEATER
THEATER LOBBY
THEATER TOTAL
30, PET APPEAL - 642 FREEPORT
3t, VARIETY MERCH, OUTLET - 650 FREEPORT
32, VACANT - 578 FREEPORT
33. PAMIDA - 550 FREEPORT
800 SF
1700 SF
11000 SF
23,46[ SF
8743 SF
4980 SF
2942 SF
40,000 SF
Jack Sheedy& Associates Inc.
Commercial Real Estate Services
6 i 2/832-0183
612/7504066 Mobile
6121835-7731 Fax
TOTAL LEASEABLE AREA
TBTAL BUILDING AREA
139,822 SF
144,000: SF
John W. Sheedy
Presiden!
Mailing Address: Pcmagon r.wcr. P.O. Box 36(X)1. Edina. MN 55435
ENGINEERS & ARCHKECIS
ID DULUTH OFFICE
3Z2. We~t I~lchlgon $1reef
Duluth, k41nneeota 55802
(218) 727-8446
FAX (218) 727-84.36
· MINNEAPOU$ OFFICE
4600 West 771h Street
Suite 302
Edlng, Ylnne~ota 55435
(612) 851-8971
FAX (612) 831-0115
E] SUPERIOR OFFICE
1419 Tower Avenue
17uP~dor, Wlsconsln 54.880
15) 392-21 t2
FAX ('715) 39Z-ZS59
REVISIONS
ELK RIVER
SHOPPING CENTER
FREEPORT AVENUE
ELK RIVER, ~N 55330
ORAWING TITLe:
CURRENT LEASED
SPACE PLAN
DATE: 4/7/93
DRAWN BY: TR/RS
CHECKED BY: RAC
CADO FILEI [>\930914
SC~L~: 1':
PROJECT NO: 9309tl
DRAW1NG HO: A1