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5.5 PCSR 05-24-1994 (/ ti\ -( AGENDA ITEM 5.5 •ty of Elk' \l'O River MEMORANDUM TO: PLANNING COMMISSION FROM: GARY SCHMITZ, PLANNING ASSIST. C DATE: MAY 24, 1994 SUBJECT: CONDITIONAL USE PERMIT REQUEST BY SOLID ROCK CHURCH, PUBLIC HEARING, CASE NO. CU 94-15 REQUEST A conditional use permit to operate a school accommodating grades K-12 from the existing church facility. III LOCATION Lots 1-8, Block 9, Brentwood Subdivision (11800-196th Avenue, Elk River) ZONING/LAND USE Rla (Single Family Residential)/ LR (Low Density Residential) ATTACHMENTS Location Map, Zoning Map, Site Plan, Letter from Applicant, Minutes dated June 18, 1984, November 21, 1988, November 19, 1990, July 15, 1991, and July 19, 1993 BACKGROUND Solid Rock Church, formerly known as Elk River Assembly of God, is requesting a conditional use permit to operate a school accommodating grades K-12, in the lower level of the existing church facility. Institutional uses are a conditional use in all residential zoning district. • P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Solid Rock Church Page 2 May 24, 1994 • HISTORY Elk River Assembly of God received approval for a conditional use permit in 1984 to construct a church in the Brentwood Subdivision. There have been numerous requests by the church throughout the past ten years on a wide variety of topics. The following lists these requests: ♦ June 18, 1984 - received approval to construct a new church within the Brentwood Subdivision. ♦ November 21, 1988 - a conditional use permit was received to operate a daycare facility for eighteen (18) children from the church parsonage. ♦ November 19, 1990 - a conditional use permit was denied by the City Council to operate a licensed daycare facility for up to one hundred (100) children from the existing church. ♦ July 15, 1991 - a conditional use permit was denied by the City Council to operate a licensed daycare facility for up to fifty-nine (59) children from the existing church. ♦ July 19, 1993 - a conditional use permit was received to convert an • existing garage into a single family dwelling and to add additional signage. At this time the church also changed its name to Solid Rock Church. The daycare center conditional use permit proposals in 1990 and 1991 were denied for a variety of reasons as noted in the attached minutes. The two main concerns voiced by the surrounding property owners, Planning Commission, City Council, and staff were related to traffic and the outstanding stipulations from the original conditional use permit. The outstanding stipulations from the original conditional use permit have been addressed by the church with the exception of some trees, which are required to be planted along 195th Avenue. If this proposal is approved staff recommends the trees be planted prior to occupying the building for educational purposes. SCHOOL Solid Rock Church is requesting to operate a school accommodating grades K- 12 from the lower level of the existing church. According to a letter from Senior Pastor Bill Matthews, the lower level of the church could accommodate a maximum of 250-300 students. The church anticipates that approximately 100-150 students could attend the school for the 1994-95 school year. solid.pc Solid Rock Church Page 3 May 24, 1994 • PARKING The parking ordinance requires that elementary and junior high schools are required to provide two parking spaces for each classroom. Senior high schools require one parking stall per classroom plus one stall for each five students, based upon design capacity. Staff has not received a breakdown from the church concerning the number of children in these categories. The existing church has 288 parking stalls, which appears to be sufficient to accommodate the parking demands of the school. It is anticipated that the teachers and students that drive will use the parking lots along the south and west sides of the building. HOURS OF OPERATION The hours of operation of the school will be very similar to the hours of the public schools (8 a.m. to 3:30 p.m.). No night classes are being proposed by the church, however, the church does hold different types of assembly meetings during the evenings. Extra circular activities, such as sports, will be restricted due to the limited space of the school. • BUILDING CODE The applicant has been working with Building Official Cliff Skogstad to upgrade the lower level to meet the required "E" occupancy for educational uses. The lower level was originally designed to accommodate a school, therefore, many of the building codes have already been addressed. It should be noted that only interior modifications to the lower level are planned with this request. No exterior changes to the building or grounds are being proposed. If this proposal is approved, staff recommends a condition of approval be that the church work with the Building Official to ensure all building code issues are addressed prior to using the facility for educational purposes. INSTITUTIONAL USES Institutional uses are considered a conditional use in all single family zoning districts. Virtually every school in the City of Elk River is located in a residential area, therefore, the request by Solid Rock Church would be consistent with other schools in the city. The one major difference with this proposal is that most of the existing schools are located on collector streets which are designed to handle a larger volume of traffic. • solid.pc Solid Rock Church Page 4 May 24, 1994 • TRAFFIC The majority of the traffic generated by such a use would be between the hours of 7:30 - 8 a.m. and 3:30 - 4 p.m. Most students will be using the bus services provided by the school district, however, it is anticipated that some high school students will drive to school and others will be dropped off and picked up by parents. Traffic concerns have been a major issue of the surrounding residents and the city since the church was built in 1984. The attached minutes from previous meetings reflect this concern. There is no doubt that the addition of a 250- 300 student school will generate additional traffic to this area. However, staff is unsure at this time what the traffic impacts will be. Staff has discussed the traffic issue with City Engineer Terry Maurer . It was the consensus of the City Engineer and staff that a traffic study should be conducted by the applicant so that traffic issues can be thoroughly researched. Therefore, staff would recommend that this item be continued until the June 28, 1994, Planning Commission meeting, which should give the applicant enough time to complete the traffic study. • RECOMMENDATION It is recommended the Planning Commission continue this item until the June 28, 1994, Planning Commission meeting allowing the applicant time to provide staff with a traffic study addressing the potential impacts of the proposed school. • solid.pc • ' • L •:1 -- — IH •-777 's • �. 1e • 1.,,i ill, . 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IS r Ti e! -lt:..._14--11-11(.14LCU IV a. s la I=r_ -L4 0 . ; ._1 ,1 (1) :It ,,. . .e.._, q 10 ry C __ Z ■ Y t T qv I IK 'rte I 14 6 I� �� ; _41. 1 `, Dji ♦ M fT - • e g ke i 1 Ir (�7 as 11 X s O I ^Z� + -I s — R i 0 b O 0 D • 3 i l •lois w....`r w r a,...4. r i ng E Et R iv0r 1 I i�-~• Imo.. w . •.n •I..,.... a 3C7 7�Iii/. _. fimCDr� S4113 ROCK CHURCH 0 April 26, 1994 City of Elk River City Hall 720 Dodge Avenue NW Elk River MN 55330 To the City of Elk River: The intent of Solid Rock Church is to have a Christian Day School within our facilities, accommodating 1 grades K-12. With the proper arrangement of students and desks, our building could accommodate ap- proximately 250-300 students. We currently have about 100 - 125 very interested prospects. We will use Accelerated Christian Education (ACE) curriculum based out of Louisville, Texas. They are one of the largest distributors of Christian school curriculum in the world; serving not only the United states but missionaries in other countries. We have already communicated with ACE and received a commitment from them for our curriculum. i It is hard to estimate how many of these students would be able to drive. From those that have signed up, iiiI would say 5 - 10 of the students are drivers. If you have any further questions, please don't hesitate to call. In Christ, i �, / �J,,,ir ryn Pastor Bill Matthews Senior Pastor jhg 1 111 a 11800 196th Avenue N.W. • Elk River MN 55330 • (612) 441-2816 IA131111113 anal THE FULL GOSPEL FAMILY CHURCH r City Council Minutes 0 June 18, 1984 Page Five of the City. Councilmember Engstrom indicated that he felt the City has more than enough commercial zoned area at the present. Councilmember Schuldt indicated that it was obvious that the zone change request would not be approved and further indicated that it could come back to the City Council again at a different time, perhaps with a new City Council and a different proposal. Councilmember Schuldt further indicated that he felt the property would not remain zoned residential. Councilmember Schuldt indicated that he felt that some time in the future, the property would be zoned commercial and the City Council should consider what would be the most tolerable use of a commercial zone. Councilmember Schuldt indicated that he did have reservations regarding the proposed use as a car wash and further indicated that he felt there were some better options for the property. COUNCILMRMBER GUNKEL MOVED TO DENY THE ZONE CHANGE REQUEST BY MR. GEORGE DIETZ FOR HIS PROPERTY ON HIGHWAY #169 AND ELK HILLS DRIVE. COUNCILMEMBER ENGSTROM SECONDED Mr. Jim Neilson requested that the City Council consider tabling the zone change request until such time as the full Council was present. Councilmember Schuldt indicated that the City Council has considered carrying over other issues which required a four-fifths vote until such time as the full Council was present and therefore, felt the City Council should consider tabling this request. The residents of Elk Hills Addition in attendance at the City Council meeting expressed their opposition of the suggestion to table the consideration of the zone change request. THE MOTION PASSED 4-0. Mayor Hinkle requested that the City Administrator start proceedings with the Minnesota Department of Transportation for installation of a traffic signal light at Highway #169 and School Street. I .}se ti9."" a ;Go$rCoad`iC na tis :PesmitZregiestr= 'Public Hearing Mayor Hinkle indicated that the Elk River Assembly of God Church has requested a conditional use permit to allow them to construct a church within the Brentwood Subdivision. Mayor Hinkle indicated that the zoning ordinance requires that a conditional use permit be issued for churches constructed in residential zones. Mayor Hinkle indicated that the Planning Commission reviewed the Assembly of God 's request for a conditional use and recommended that the City Council grant the conditional use permit with a number of conditions as stated in the City Administrator's memorandum to the Mayor and City Council dated June 12, 1984. The Assembly of God 's engineer reviewed the proposed building plans for the City Council . The engineer indicated that the building will be constructed in :::111 two phases to allow for a total of 1,200 people with 297 parking spaces. Discussion was carried on regarding the design of the building and the fact that a concrete building is proposed because of the number of people it is proposed to serve. Discussion was also carried on regarding the use of the building during phase one and phase two . i City Council Minutes June 18, 1984 Page Six T Mr. Dexter Mapson, representative of the Assembly of God Church indicated that when phase two was completed, the phase one portion of the building would be used as classroom and gym. Mr. Roy Wallace of 196th Circle, indicated that he felt the proposed building . design looked like an industrial building rather than a building that was suitable to a residential area. Ms. Teresa Russell of 11930 196th Circle, indicated that she was not aware of the fact that a portion of the building would be used for a school and gym. Therefore, she was very concerned about the traffic through the residential area. Ms . Russell indicated that the possibility of a church and therefore, excess traffic one day a week was a lot different than seven days use of the building. Discussion was also carried on regarding the proposed size of the building. Discussion was carried on regarding the present parsonage and fellowship hall . Mr. Jeff Pelter indicated that when he bought his lot in the Brentwood Addition, there were certain covenants that were included in the agreement . Mr. Pelter further indicated that in the purchase of his property, it was indicated by 2 Mr. Denny Anderson, developer of the Brentwood Addition, that the development was platted for all single-family residential lots. Discussion was carried on regarding the convenants as proposed by the developer, 17 ,--. ?. Mr. Denny,Anderson. The City Admininstrator indicated that the City cannot enforce convenants and that it would be a. civil matter between the purchaser and the developer. Discussion was carried on regarding the conditions of the conditional use as recommended by the Planning Commission. Discussion was also carried on regarding the phasing of the building and the possibility of phase two never happening. Further discussion was carried on regarding the financing of the proposed church, and the construction and design of the church . The City Administrator indicated that the City Council could require a letter of credit or an escrow account for the alteration of phase one to make it more compatible with the neighborhood, should phase two not happen. Councilmember Gunkel suggested that the City Council consider five years from the initial start of phase 1, that if phase two is not completed, the church would be required to do a face lift of phase one. COUNCILMEMBER GUNKEL MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR THE ELK RIVER ASSEMBLY OF GOD CHURCH TO ALLOW THEM TO. CONSTRUCT A NEW CHURCH WITHIN THE BRENTWOOD SUBDIVISION WITH THE CONDITIONS AS STATED IN THE CITY ADMINISTRATOR'S MEMOR- ANDUM TO THE MAYOR AND CITY COUNCIL DATED JUNE 12, 1984 AND TO REQUIRE THE ✓ ESTABLISHMENT OF AN ESCROW ACCOUNT OR THE SUBMITION OF A LETTER OF CREDIT WHICH WOULD FINANCE THE UPGRADING OF PHASE ONE SHOULD PHASE TWO NOT BE BUILT. COUNCIL- MEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0 . 7. Busch Conditional Use Permit Request - Public Hearing Councilmember Engstrom indicated that Paul and Donna Busch of 620 7th Street have requested a conditonal use permit to allow them to place a mobile home on ten 1110 Page 2 City Council Minutes • November 21, 1988 5.1. Conditional Use Permit/Northstar Service Center/Public Hearing Mayor Gunkel indicated that this item was tabled by the Planning Commission. Mayor Gunkel opened and closed the public hearing as this item was advertised as a public hearing in the Elk River Star News. 5.2. Conditional Use Permit/Elk River Plaza Shopping Center/Public Hearing Mayor Gunkel indicated that this item was tabled by the Planning Commission. Mayor Gunkel opened and closed the public hearing as this item was advertised as a public hearing in the Elk River Star News. 5.3. Conditional Use Permit/Reach Up Inc./Public Hearing Mayor Gunkel indicated that Reach—up, Inc. of St. Cloud is requesting a conditional use permit to allow the operation of a daycare at the Elk River Assembly of God Church. • Steve Bjork, Zoning Assistant, indicated that the request is for 18 children, two different times a day, Tuesday through Friday. He indicated the children would be bussed to and from the site and that the program is a nonprofit organization. Planning Commission representative, Peter Kimball, explained that the Planning Commission had received concerns regarding traffic, the number of children and the fact that there will be no playground area. He indicated the Planning Commission discussed these concerns and set conditions in its recommendation to approve the request addressing these concerns. Mayor Gunkel opened the public hearing. There being no one for or against the matter, Mayor Gunkel closed the public hearing. Councilmember Tralle arrived at this time (7:20 p.m.) . COUNCILMEMBER HOLMGREN MOVED TO , APPROVE THE CONDITIONAL USE PERMIT REQUEST BY REACH—UP DAYCARE TO OPERATE A DAYCARE AT 19575 LOWELL AVENUE NORTH CONTINGENT ON THE FOLLOWING CONDITIONS: 1. THE DAYCARE IS TO TAKE PLACE IN THE PARSONAGE BUILDING, 2. THE DAYCARE IS ALLOWED A MAXIMUM OF 18 CHILDREN AT ONE TIME, 3. THE HOURS OF OPERATION SHALL BE FROM 8:30 A.M. TO 2:30 P.M. , MONDAY . 411 THROUGH FRIDAY, TWO SESSIONS PER DAY. 4. PROVIDE ONE OFF—STREET PARKING STALL FOR EACH DAYCARE UTAFF MEMMA AND TWO ADDITIONAL PARKING STALLS. r Page 3 City Council Minutes • November 21, 1988 5. THE CHILDREN MUST BE BUSSED TO THE SITE. IN THE EVENT THAT BUSSING IS DISCONTINUED. THE CONDITIONAL USE PERMIT WILL NEED TO BE REVIEWED TO ADDRESS ADDITIONAL TRAFFIC AND PARKING CONCERNS. 6. THE DAYCARE MUST RECEIVE APPROVAL TO OPERATE FROM THE STATE FIRE MARSHALL AND CITY BUILDING OFFICIAL. 7. THE CONDITIONAL USE PERMIT WILL BE REVIEWED AFTER TWO YEARS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Preliminary Plat Review/Deerfield 4th/Public Hearing Mayor Gunkel indicated that this item was tabled by the Planning Commission. Mayor Gunkel opened and closed the public hearing as this was advertised as a public hearing in the newspaper. 5.5. Determination of Amortization Period Steve Bjork, Zoning Assistant, stated that Julius Reinherz is requesting 110 a determination by the Board of Zoning Adjustment for the amortization of a nonconforming structure located in the Heavenly Hills subdivision. He noted that the applicant is proposing to locate a prototype injection mold making business within this building. The building is located in an A-1 zone and this type of operation is not a permitted or conditional use in this zone. Mr. Bjork indicated that the amortization period for this building is ten years which expires September 4, 1990. He further stated that the City Code has four different amortization schedules which are as follows: 40 years for ordinary wood construction, 50 years for wood and masonry; 60 years for fireproof; and 10 years for any other buildings not indicated. Mr. Reinherz felt that the building could be classified as fireproof, therefore giving the building a 60 year amortization period. The Building Official indicated that the building could not be classified as fireproof, therefore, the 10 year amortization period was assigned for this building. Mayor Gunkel indicated she was against the request because it does not meet the City planning goals or the intent of the ordinance. Mr. Reinherz indicated that the business would be very subdued. He further explained his business and stated his intention to screen the building. He indicated that he could not afford to purchase property in the industrial park. Mayor Gunkel indicated that the Council has had numerous requests from • other people in the Heavenly Hills area to build agricultural buildings over the 1,000 square foot maximum size. She stated the Council has denied these requests in order to be consistent on the use of these buildings. Elk River City Council Minutes `I Page 3 November 19, 1990 5.5. Main Street Bridge Terry Maurer, City Engineer, stated that the City has recently received approval from the Federal Highway Administration to proceed with the Main Street bridge replacement. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-65, A RESOLUTION ORDERING THE PREPARATION OF A DESIGN STUDY REPORT IN THE MATTER OF THE MAIN STREET BRIDGE IMPROVEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. Mayor Tralle indicated that there will be a public hearing regarding this matter, if one is requested in writing to the City Administrator by a citizen. 5.6. Dredging Update Terry Maurer indicated that the City Street Superintendent has coordinated the probing of Lake Orono to determine the depth of organic sediments. According to the information collected by the probing, the total sentiment appears to be 500,000 cubic yards. He indicated that prior to this probing, it was assumed that the sediments would be about 2,500,000 cubic yards. The City engineer suggested that an informational meeting be held with the area residents around the first 111/ of the year to discuss costs. The Council concurred with the City Engineer. 5.7. Proctor Avenue Update Terry Maurer informed the Council that the County Board has moved to redesign Proctor Avenue and has requested the City of Elk River's services in this project. He stated that the project would be in line for 1991 construction. It was the consensus of the Council to work together with the County on this project. 6.1. Conditional Use Permit Request by Assembly of God Church/Public Hearing Janelle Szklarski, Zoning Assistant, indicated that the Elk River Assembly of God church is requesting a conditional use permit to operate a licensed daycare facility for up to 100 children in an R-1A zoning district. Ms. Szklarski indicated that at the Planning Commission meeting regarding this item, several residents from the Brentwood area were present with concerns regarding traffic and the number of children to be in the daycare. Al Nadeau, Planning Commission representative, stated that the Planning Commission recommended denial of the request based on the following findings of fact: 110 1. That the use would have an adverse impact on the surrounding neighborhood due to traffic and the commercial nature of the use. Elk River City Council Minutes Page 4 November 19, 1990 2. That the applicants are not incompliance with the stipulations of their previous conditional use permit. 3. Testimony from residents regarding the adverse impact on property values and maintenance of the residential nature of the neighborhood. 4. Safety concerns relating to additional traffic in the residential neighborhood. Mayor Tralle opened the public hearing. Dexter Mapson, representing the Elk River Assembly of God Church, was present. He stated that the daycare originally would only have about 25 to 30 children and would eventually would work its way up to larger numbers. Mr. Mapson responded to the Planning Commission's concern regarding not meeting the conditions of the prior conditional use permit. He stated that one of the conditions was storage of materials on the site. He indicated that they are using semi trailers to store material because they have not been given permission by the City to build a building large enough for the storage of these materials. He also responded to the condition regarding striping of the parking lot. Mr. Mapson indicated that the parking lot would be striped. Mr. Mapson responded to the traffic concern. He stated that the main traffic comes off of the highway. Mr. John Large of 19490 Lowell Avenue stated that he was concerned with the traffic on 194th and Lowell and also voiced his concern regarding the speed in that area. He indicated that a daycare would add more traffic to the area and further stated that he would like to see the traffic slowed down in that area. Janelle Szklarski indicated that speed limit signs for Lowell Avenue have been ordered and should be posted soon. There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO DENY THE REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A LICENSED DAYCARE FACILITY AT THE ELK RIVER ASSEMBLY OF GOD CHURCH DUE TO THE FINDINGS OF FACT PREVIOUSLY LISTED COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. Mayor Tralle stated that the placing of a large commercial establishment in a residential area and the impact of the traffic to the surrounding property owners were his main reasons for voting against the conditional use permit. • THE MOTION CARRIED 3-0. 6.2. & 6.3. Zone Change Requests by Hohlen and Cornelius/Public Hearing City Council Minutes Page 7 July 15, 1991 • Janelle Szklarski, Zoning Assistant, stated that John Plaisted is requesting a variance which would allow two free-standing signs to be combined into one sign. The variance would allow the total square footage of the free-standing sign to be increased from 128 square feet to 300 square feet. She indicated that Mr. Plaisted is proposing a comparable reduction in the amount of wall signage. Rita Johnson, Planning Commission Representative, stated that the Planning Commission recommended denial of the variance request for a 300 square foot free-standing sign. She further indicated that the Planning Commission recommended approval of a 256 square foot free-standing sign not to exceed 15 feet -in heightwith the condition that the wall signage be limited to a total of 128 square feet and that none of the wall signage be put on the east side of the building. Rita Johnson explained that the Planning. Commission _ recommended approval of the 256 square feet of a free-standing sign because of the fact that the location of the trees on the east side of the building make it difficult for the applicant to utilize the wall signage allowed without removing the trees and further that a free-standing sign could be placed within a small clearing in the trees to gain visibility from Highway 169. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. • COUNCILMEMBER SCHULDT MOVED TO APPROVE THE VARIANCE REQUEST BY JOHN PLAISTED TO ALLOW A 256 SQUARE FOOT FREE-STANDING SIGN NO TO EXCEED 15 FEET IN HEIGHT WITH THE CONDITION THAT THE WALL SIGNAGE BE LIMITED TO A TOTAL OF 128 SQUARE FEET AND THAT NONE OF THE WALL SIGNAGE BE PUT ON THE EAST SIDE OF THE BUILDING AND FURTHER THAT 50% OF THE TREES NOT BE CUT DOWN. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. The Council recessed at 8:40 p.m. and reconvened at 8:55 p.m. 6.5. Conditional Use Permit by Assembly of God Church/Public Hearing Janelle Szklarski, Zoning Assistant, indicated that the Assembly of God Church is requesting a conditional use . permit to operate a daycare facility for up to 59 children in a R-la zoning district at the Assembly of God Church located at ._11800 196th Avenue NW. Janelle Szklarski further stated that .this. :item. has-previously been tabled by both the Planning Commission and the City Council and that at the April 23 Planning Commission meeting, the Planning . Commission .recommended denial. She explained that several concerns wereraised by residents and by the Planning Commission which- related to cleanup of the site, excessive traffic with the daycare center,- and landscaping. Janelle Szklarski indicated that cleanup has_been_.accomplished, but landscaping is still an issue. She indicated.:_that . the. City must receive an accurate site plan from the Assembly . of= God Church. - She further indicated that she would like to see- . compliance of the previous conditional use permit encouraged by the City Council. Mayor Tralle opened the public hearing. City Council Minutes Page 9 July 15, 1991 • Julie Goldemann indicated that the Church Pastor is willing to work with the residents concerning the daycare. The Senior Pastor of the Church, indicated that the Church fully intends to comply with the City and the Council. Thor Johnson, Youth Pastor, apologized for the Church's previous track record and indicated that there is a need for a children ministry in the City of Elk River. Gladys Skogins, Daycare Center Teacher, indicated that she sees a need for a Christian daycare in the City of Elk River. There being no further comments from the public, Mayor Tralle closed the public hearing. Councilmember Schuldt stated that he feels the Church is requesting to put a commercial daycare center in a single family neighborhood. He indicated that this would set a precedent in other single family neighborhoods. Councilmember Dietz indicated that the Church should be given a chance with the daycare center and if the conditional use permit is not met, then it could be pulled within a year. • COUNCILMEMBER SCHULDT MOVED TO DENY THE REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A DAYCARE CENTER FROM THE ASSEMBLY OF GOD CHURCH. MAYOR TRALLE SECONDED THE MOTION. Mayor Tralle stated that he sees this venture as a commercial enterprise. He further indicated that the Council has been deceived by the Church in the past and there are conditions on the previous conditional use permit that have been outstanding for three or four years. Councilmember Kropuenske stated that this conflict will continue to be present in residential areas. In the future, the City Council and Planning Commission should look at where conditional use permits are allowed for churches. Dave Sellergren, City Attorney, reminded the Council that the issue before them is a land use impact ..issue. THE MOTION CARRIED 3-1. Councilmember Dietz opposed. 6.6. Administrative Subdivision by Cre? Dance/Public Hearin Steve Rohlf, Building and Zoning Administrator, indicated that Creg Dance, of 19276 Twin Lakes Road, isrequesting an administrative subdivision to divide an 11.78 acre parcel into two parcels of land. • Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closedthe public hearing. . Elk River City Cot. _1 Minutes Page 5 July 19, 1993 • 12. THE SITE SERVE AS AN OIL DROP-OFF SITE FOR THE COMMUNITY. 13. STAFF RESEARCH ENVIRONMENTAL CONCERNS, POSSIBLY INCLUDING A LINER BELOW THE BASEMENT SLAB. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2. Amendment to a Conditional Use Permit by Assembly of God Church/P.H. Case No. CU-93-16 Steve Rohlf stated that the Assembly of God Church is requesting an amendment to a conditional use permit to convert an existing garage into a dwelling. A conditional use permit is required because there will be more than one principle building on a lot. Steve Rohlf explained that the Assembly of God Church is also requesting wall signage totalling 91-1/2 square feet with the letters of the sign being internally lit. Vice Mayor Dietz opened the public hearing. Perry Mason, 11847 196th Avenue, stated that all the Planning Commission's concerns have been taken care of. He further indicated he did not approve of the signage request. He indicated that the neon sign does not fit in a residential area and that he is opposed to the neon sign. • Steve Rohlf, Building and Zoning Administrator, stated that the sign will only be visible from the east and will not affect existing residents. He further indicated that the sign is allowed by the current City Ordinance. There being no further comments from the public, Vice Mayor Dietz closed the public hearing. COUNCILMEMBER SCHEEL MOVED THAT THE CHURCH BE ALLOWED THE LIGHTED SIGN AND THAT THE CONDITIONAL USE PERMIT BE GRANTED. VICE MAYOR DIETZ SECONDED THE MOTION. Councilmember Farber stated he had a problem with the neon sign at night in a residential area. Councilmember Holmgren requested that the sign be turned off at 10:00 p.m. The Pastor of Elk River Assembly of God Church indicated that the letters on the sign are plastic and that the lighting would not be offensive. Councilmember Scheel withdrew her motion. Vice Mayor Dietz withdrew his second. 4101 COUNCILMEMBER SCHEEL MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT WHICH WOULD ALLOW THE ASSEMBLY OF GOD CHURCH TO CONVERT AN EXISTING GARAGE INTO A DWELLING WITH THE FOLLOWING STIPULATIONS: Elk River City Councinutes 4111 x July 19, 1993 Page 6 1. THE GARAGE PROPOSED TO BE CONVERTED INTO A HOUSE SHALL MEET ALL APPLICABLE CODES INCLUDING A BUILDING PERMIT, PERC TEST, ETC., AND THAT THE HOUSE NOT BE DIVIDED INTO INDIVIDUAL UNITS, BUT AS ONE SINGLE FAMILY HOME. 2. THE REMAINDER OF THE OUTSTANDING STIPULATIONS FOR THE CHURCH ARE COMPLETED IN THE SUMMER OF 1993. 3. NO OUTSIDE STORAGE BE ALLOWED. 4. THE PROPOSED CROSS OF 8'H x 4'W BE ALLOWED. VICE MAYOR DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER SCHEEL MOVED TO CONTINUE A DECISION ON THE SIGNAGE FOR THE ASSEMBLY OF GOD CHURCH UNTIL THE AUGUST 2 COUNCIL MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Extension of a Conditional Use Permit for a Convenience Store/Gas Station by Ken Beaudry/P.H. Case No. CU-91-02 Steve Rohlf indicated that Ken Beaudry received a conditional use permit two years ago to build a convenience store and gas station on the northeast corner of the intersection of Proctor Avenue and Highway 10. He stated that Mr. Beaudry is requesting an extension of that • conditional use permit as he has received financing and is ready to build. Steve Rohlf indicated that the Planning Commission reviewed the request and recommended approval of the extension. Steve Rohlf indicated that the Planning Commission did not review the possibility of the extension of Oxford Avenue to Proctor Avenue. He requested that the Council consider this possibility. The Council reviewed three maps presented by staff which explained different versions of the extension of Oxford Avenue. Steve Rohlf indicated that City staff recommends that the road not be extended. Terry Maurer, City Engineer, indicated that the City's Comprehensive Transportation Plan indicates that Proctor Avenue will be a major traffic connector and stated he has concerns with the right-in off of Proctor Avenue. He suggested that the access off of Proctor be as far to the north as possible. Mary Eberley, Planning Commission Representative, indicated that the Planning Commission had traffic concerns regarding this parcel in 1990, and, at that time, discussed combining all the parcels in that area into one parcel. Ken Beaudry indicated that he would not have time to go through the process of combining parcels as timing is critical with his financing. • Discussion was held by the Council regarding a turn lane off of Highway 10 onto 6th Street (before Proctor Avenue) and who would be responsible for the payment of this turn lane improvement project. ."o II 9 L 0 IM _ 5 = I - ... 1 iSf N��V. i A917w / h _ N�mml 7 C tlEC711 m ueW LOCATION MAP �Tpr CASE CU 94.15 spit ow wo 1 L 1 P.O. Box 490 • 13065 Orono Parkway • Elk River, DAN 55330 • (612) 441-7430 ELF ME Rta ��W. -gym - - p ILI R3 ENMESH ZONING 'MAP Fb•AWW fl2 T o F-eiy o.y Coxmn ebl AWJ.Wtl.,l Cm.-v.tbn ® Fanny p..ta.11l.l ® WMAQ FWWY I� fl3 TmnNwae/MWtlya FmOy psebawllal ® sutgN FWdy WYtlalua fl4 �IZ• Halban Ybuawi 0 MnlWb Fmeiy P®eMemW �••n Said VhW RtlBty ® ft.W. F..4 FWIlwMIY ® Pla U t Owa1w.t �T Alrtonna Tana UR 8Y -Y Fa y RmWYW CT cn Caraxxtltl [M 0 Ylnanel Eu-�xotbn ® 9YgN F-Nly n..wmr C2 Ottb. OWr6Y CASE CU 94-15 Aver P.O. Box 490.13065 Orono Parkway 0 Elk River, MN 55330 • (612) 441-7420