6.2. SR 05-18-1998ity of
·
lver
MEMORANDUM
Item
TO:
FROM:
DATE:
SUBJECT:
Mayor & City Council
Scott Harlicker, Assistant Planner~
May 18, 1998
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)
Issue
At the April 20th City Council meeting the Council voted to postpone this item
and to discuss the issue of institutional uses in commercial districts at a
workshop. The Council will be discussing this issue at a workshop to be held
Monday at 5:00 pm. Depending on the outcome of the discussion the Council
will have an opportunity to vote on this item at the regular meeting following
the workshop. Attached for your reference is a copy of the April 20th staff
report.
13065 Orono Parkway * P.O. Box 490 * Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
:y of
River
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Item# 6.6.
Mayor and City Council
,I
Scott Harlicker, Planning Assistant'
April 20, 1998
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 evangehcal meeting
center.
Location
664 Freeport Avenue, Lot 4, Block 2, Elk River Plaza
Zoning/Land Use
PUD (Planned Unit Development) / HB (Highway Business)
Attachrnen
· Location
· Site plan
· Letter fr(
Overview
The apphcax
formally occu
center. They
month basis
of the issues
as it relates
Building Ins
codes. They
13065 Orono Parkway · p.(
nap
applicant
~ is currently utihzing a portion of Elk River Plaza, the space
pied by Video Update, as a temporary home for their ministry
are proposing to extend their use of this site on a month to
mtil they can find a permanent location for their church. Most
~ssociated with this apphcation involve the Building Inspector
~ building code issues. They have been working with the
.ector to ensure that they comply with all building and fire
ave completed some interior renovations but need to complete
). Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City Cou. JCU 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 apphcations 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 ll: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 hkely 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 hkely 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.
\\elkriver\sys\shrdoc\planning\scott\cu984cc-doc
Memo to Mayor and
April 20, 1998
Page 3
Recommend
The Planning
this request t~
following con(
Future rel
conditiona
amendmel
2. All conditi
this new c,
o
All signag,
the city sif
City Council]CU 98-4
~tion
Commission and staff recommend the City Council approve
)r a conditional use permit by Living Waters Church with the
[itions;
~cation within the mall would require an amendment to this
[ use permit and the application fees relating to that
It be waived.
~ns outlined in Conditional Use Permit No. CU 93-25 apply to
)nditional use permit.
. shall comply with the Elk River Plaza PUD agreement and
n code.
\kelkriver\sys\shrdoc\planning\scott\cu984cc.doc
I
I
l
' LOCATION
Elld,~River
Elk R!v::. MN fl:lO
February 4, 1998
:i ::'_~ :.';-'"~"
Dear
Stevex:=:~.;0
':.:
h' '.~:75g-,5 ,-'."-
.- I ay~attaehed our request for a gonditional use permit to continue our
meetings at'the ELk River Mall, in the former Video Update Space. Following
are some points?i~f. Lr~formation to help in the approval process.
1. om- agreement with the owner is viewed as a Sho~'~rm month to
month situa}.ion:-.-iWe g. re still hoping to come to an agreement~for a larger
space at either the 'former County Market or the former Pamida space in the
Mall. This Would allow us to move our offices and hold oud SUnday service ail
.at. ,one loc_ati~sn..I.~ !$:'o~ hope that any conditional use that'is approved for the
Viaeo Update Spae-~e0~d be applied to a larger space, proVi_'~ing we meet all
requirements .o.;f._tha%~dmg officials and fire chief.
W'
2. ef_e~.~;.e.o_ntinu, e, to use ~e Vis!?{Upda.te .s,.pace as an Evangelistic
Meeting =a~m-a::.we woma probably not, be meettng'every night as we presently
are, but wouldlike to keep that option open t9 us. we inost likelywould meet
3 or 4 nights'a:~ibeek, begirming at 7 PM: im~t ending by 11 PM as ~D:m- Our
original agri~&L We may be adding S'om~ day time.claSses thai: would be
attended
., .-. we~,._h~i:.not found parking to b{.a p~i-oblem thi~t iwe: can't'Wo'~klwith.
- get term con~tional use permit., we woulcI be -~ery w511i~5~ t° ma'ide those
Changes. : · :' :. :t':.;'. :", ?~:(.-~.5 '~::. ":i~ : ) :?'-:- '.~5::~:'"'.":.5.
I want to emphasize again, mat ~v~ v~eW'"'0~ tkne in the Video Update
space saS_a_ tea,rm..an'ar~..geme_nt: It was our hope that we can obtain a
l=ger _sho, t
pace waen .me quesaon ot me Elk River Theatre and 'Whe Gym" are
worked out. Thankyou for your cooperation and patience in working with us
on this matter.. I'wiI1 be very happy to attend any meetings and answer any
questions that arise during this approval process.
Sincerely,
Bob Pullar, Pastor
"If anyon~ thirsts, let them come to Me and drink!" ]n 7:37
C_.LfX f~l V r_.rK
550 -- ~00 ~
FREEPORT AVENUE
% .89
SPACE OCCUPIED BY CHURCH
33
l-P
3-4
5-6
7,
8.
13.
14.
COUNTY MARKET - 800 FREEPORT
COUNTY HARKET DEL[ - 800 FREEPDRf
ANTHONY HIKOLS PHOTOGRAPHY - 748 FREEPORT
JUSf FOR FUN - 740 FREEPORT
.LET FOR FUN - 740 FREEPORT
FIRST BARBER STYLIST - 716 FREEPORT
MONTICELLO ATHLETIC CLUB - 708 FREEPORT
VACANT - 684 FREEPORT
AMERICAN INSURANCE - 748 FREEPORT
15. VACANT - 688 FREEPORT
16-17 LUGINBILL CHIROPRACTOR - 696 FREEPORT
18, SUNROOM TANNING - 718 FREEPORT
19-20 TRADING WINS BDDKSTDRE - 728 FREEPORT
35,980 SF Bt. H & R BLOCK - 738 FREEPORT
8725 SF ~2, SPORTS PLUS - 758 FREEPORT
1357 SF 23, VACANT - 668 FREEPORT
1800 SF 24. THEATER - GlO FREEPORT
25. THEATER
900 SF 2~. THEATER
900 SF 27. THEATER
368t SF 28, THEATER
700 SF 29, THEATER LOBBY
544 SF THEATER TOTAL
351 SF 30, PET APPEAL - 642 FREEPORT
1200 SF 31, VARIETY MERCH. OUTLET - 650 FREEPORT
680 SF 38, VACANT - 578 FREEPORT
1498 SF 33. PAMIDA - 550 FREEPORT
800 SF
1700 SF
rio00 SF
23,46[ SF
8743 SF
4980 SF
2942 SF
40, OO0 SF
Jack Sheerly & Associate~ Inc.
Commercial Real E~lale Services
6121832-018]
612t7504066 Mobile
612/835-7731 Fax
,Iohn W. She~dy
TOTAL LEASEADLE AREA
TOTAL BUILDING AREA
139,822 SF
144,000: SF
ENGINEERS ,t ARCHITECTS
C] DULUTH OFFIC~
(218)
F,~ (21,B) 727-8.~56
· WINN~POUS OFF~C[
csu~tmc~ crncr
(715)
¢~ (715)
REVISIONS
ELK RIVER
SHOPPING CENTER
FREEPORT AVENUE
ELK RIVER, NN 55330
Ol~W1N G T~:
CURRENT LEASED
SPACE PLAN
DA~: 4/?/93
DRAWN BY: TH/RS
CHECKED BY: RAG
CADO ~ILEz ~\93091-1
PROJECT HO:
EXISTING
T
.................... OPTI
.///",,/..','
,lq'ER
-THEATER
_~ LOCATION OF CHURCH
,IAL PARKING AREA C
PA MI DA