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5.2 PCSR 06-28-1994 ,k ) -\) AGENDA ITEM 5.2 tik/ y of RiRiver MEMORANDUM TO: PLANNING COMMISSION FROM: GARY SCHMITZ, PLANNING ASSIST. 6..ele DATE: JUNE 28, 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. LO CATION • Lots 1 through 8, Block 9, Brentwood Subdivision (11800-196 Ave, Elk River) ZONING / LAND USE R1A (Single Family Residential) / LR (Low Density Residential) ATTACHMENTS Letter from Terry Maurer dated June 21, 1994, Traffic Study prepared by Benshoof& Assoc., Report to Planning Commission dated May 24, 1994 BACKGROUND At the May 24, 1994, Planning Commission meeting, the Commission continued the conditional use permit request by Solid Rock Church and requested a traffic study be conducted to determine the impacts this request would have on the local residential streets. Further, the Commission requested staff research outstanding stipulations of past conditional use permit requests. The attached report to the Planning Commission explains the request in detail. • P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Solid Rock Church Page 2 June 28, 1994 • TRAFFIC STUDY Attached is the traffic study conducted by Benshoof & Associates concerning the addition of the proposed school to the church facility. Also attached is a letter from Terry Maurer addressing the traffic study. The traffic analysis concludes three separate points: 1. School operation will generate practically no traffic during the p.m. peak periods given the closing of the school day at 2:30 p.m. to 3 p.m. 2. Bus service for approximately 60% of the students will significantly reduce the trip generation that would otherwise occur. 3. The ultimate traffic volumes projected for the local roads affected by this school will remain within the normal range of residential streets, even at full enrollment estimated at 300 students. . The traffic study seems to conclude that the addition of the proposed school to the existing church should not significantly impact traffic on the residential streets. LANDSCAPING As directed by the Planning Commission, staff has looked at the landscape plan approved by the City Council with the original conditional use permit. At the May 24, 1994, Planning Commission meeting, Solid Rock Church mentioned that the landscape requirements along 195th Avenue seemed excessive because they owned property on both sides of 195th Avenue, therefore, screening would have little benefit in this area. Staff concurs with the applicant that there appears to be adequate screening along 195th Avenue, however, additional trees could be added along 196th Avenue to help buffer the residential properties to the north. If this proposal is approved, staff recommends that an updated landscape plan be resubmitted to staff prior to the City Council meeting, which shows additional trees be planted along 196th Avenue. • solid.pc Solid Rock Church Page 3 June 28, 1994 • RECOMMENDATION Staff recommends the Planning Commission recommend approval of a conditional use permit request by Solid Rock Church to operate a school accommodating grades K-12 from the existing church facility with the following conditions: 1. A MAXIMUM OF 300 STUDENTS BE ALLOWED TO ATTEND THE SCHOOL. 2. ALL BUILDING AND FIRE CODE ISSUES BE ADDRESSED PRIOR TO THE BUILDING BEING USED FOR EDUCATIONAL PURPOSES. 3. A REVISED LANDSCAPE PLAN BE SUBMITTED TO STAFF PRIOR TO THE CITY COUNCIL MEETING ILLUSTRATING RELOCATING THE PROPOSED TREES FROM 195TH AVENUE TO THE NORTHERN BOUNDARY OF THIS SITE ALONG 196TH AVENUE. • 4. NO ON STREET PARKING WILL BE ALLOWED FOR THE SCHOOL. • solid.pc 11 St CONSULTING ENGINEERS June 21, 1994 File: 230-231-11 Mr. Gary Schmitz Planning Assistant City of Elk River 13065 Orono Parkway CIVIL ENGINEERING Elk River, MN 55330 ENVIRONMENTAL RE: SOLID ROCK CHURCH TRAFFIC STUDY ANALYSIS MUNICIPAL Dear Mr. Schmitz: PLANNING As requested, we have reviewed the traffic information provided by the Solid Rock Church relative to their proposed school in their church building. The traffic analysis they submitted STRUCTURAL was prepared by Benshoof& Associates, Inc. SURVEYING The analysis indicates that it is expected the first year of school operation would have approximately 100 students and 10 additional staff members. Within five years, a maximum TRAFFIC of 300 students and 15 staff members would be anticipated. The analysis utilizes a typical school day of 8:00 a.m. to 2:30 p.m. with no extracurricular activities. Based on TRANSPORTATION information obtained from the church staff and the Institute of Transportation Engineers, the analysis estimates 10% of the students will drive themselves, 30% will receive rides, and 60% will be bused. Based on these assumptions, the first year of operation will result in 196 additional daily trips generated, and at full development this number rises to 514. There are essentially three directions that traffic can use to enter and exit the site. These are to the southeast along TH 169 and Jackson Avenue, to the northeast, again to TH 169, and to the southwest along Highland Road. Figure 1 attached to the traffic analysis shows that 195th and 196th Avenues immediately adjacent to the church site would see the largest percentage increase in traffic. However, both of these would still have a relatively small 1326 Energy Park Drive total traffic after full development of the school. The route along Irving to the southeast and St.Paul,MN 55108 to the northeast would see a relatively large increase in traffic of approximately 55% at full development. The northeast route would see a total traffic of approximately 872 daily trips 612-644-4389 under full development. To the southeast, the total volume would be 419 daily trips under Fax:612-644-9446 full development. Both of these are well within the range of traffic carrying capacity of the residential roads in the neighborhood. • 9800 Shelard Parkway Minneapolis,MN 55441 612-546-0432 Fax:612-544-6398 • Mr. Gary Schmitz June 21, 1994 Page Two The Benshoof traffic analysis concludes three separate points. They are as follows: 1. School operation will generate practically no traffic during the p.m. peak period, given the closing of the school day at 2:30 - 3:00 p.m. 2. Bus service for approximately 60% of the students attending the school will significantly reduce the trip generation that would otherwise occur. 3. The ultimate traffic volumes projected for the local roads affected by the school will remain within the normal range of residential streets even at full enrollment, estimated at 300 students. We would concur with the conclusions reached by the Benshoof report and would recommend that the report adequately addresses traffic issues raised by this proposed development of a school within the Solid Rock Church. If you have any questions regarding these comments, please call. • Sincerely, MSA, CONSULTING ENGINEERS C- ' 1, �L/�e-Wr() Terry J. Maurer, P.E. TJM:tw 231-2005 un 111 BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 3111 7 199 • 7301 OHMS LANE, SUITE 500/EDINA, MN 55439/(612) 832-9858/FAX(612)832-9564 ay'?+ June 17, 1994 REFER TO FILE: 94-21 MEMORANDUM TO: Kim Vickroy, Solid Rock Church A FROM: James A. Benshoo and Edward F. TerhaarE RE: Results of Traffic Analysis for Proposed School at Solid Rock Church PURPOSE The purpose of this memorandum is to present the traffic analysis for the proposed school at the existing Solid Rock Church. The traffic analysis and results presented in this memorandum are organized as follows: • 1) Background Information. This includes information obtained from church staff on enrollment projections and anticipated traffic characteristics of the school. Daily traffic counts were also collected on adjacent roadways that will be utilized for trips to and from the school. 2) Traffic Forecasts. Traffic forecasts were developed for the year after the opening of the school as well as for the "full development" scenario. 3) Traffic Analysis. The ability of the adjacent roadways to accommodate the additional traffic generated by the school was analyzed. 4) Conclusions BACKGROUND INFORMATION Proposed School Information The proposed K-12 school will be located within the existing church building and is expected to have approximately 100 students and 10 additional staff people during the first school year. The number of students could increase to a maximum of 300 and the number of staff people to 15 within five years of opening, depending on the interest level. The majority of the students are expected to come from the City of Elk River, with smaller numbers coming from surrounding areas. Busing will be provided by the Elk River School District to bring students to and from the school. The school day is • expected to begin at 8:00 a.m. and end between 2:30 and 3:00 p.m., with no extracurricular activities occurring at the school. Mr. Kim Vickroy -2- June 17, 1994 • Traffic Counts In order to analyze the traffic impacts of the proposed school, daily traffic counts were needed on the surrounding roadways. Traffic counts were conducted over a 48 hour period on June 13-15, 1994, on the following roadways: Irving St. south of the northern leg of 197th Ave., 196th Ave. west of Irving St., 195th Ave. west of Irving St., Lowell St. south of 195th Ave., Irving St. north of 194th Ave., and Holt St. north of 193rd Ave. The 48 hour volumes were divided by two to determine the average daily volume. TRAFFIC FORECASTS Trip Generation Based on information obtained from church staff and from data published by the Institute of Transportation Engineers, it was estimated that approximately 10 percent of the students will drive themselves to and from school, 30 percent will receive rides from others, and 60 percent will ride the bus. Applying these percentages to the number of students and staff expected in the school one year after opening results in 196 daily trip ends generated. Applying the same percentages to the number of students and staff expected for the full development scenario results in 514 daily trip ends. Trip Distribution and Assignment Trip distribution percentages were estimated based on existing traffic patterns to and from the church as described by church staff. It is estimated that approximately 60 percent of the trips generated by the school will be to/from the south on T.H. 169, 10 percent will be to/from the south on Jackson Ave., 20 percent will be to/from the north on T.H. 169 and 10 percent will be to/from the west on Highland Rd. Of the trips to/from the south on T.H. 169, it was estimated that 33 percent would use 192nd Ave. and 67 percent 197th Ave to access the area. Applying the distribution percentages to the expected number of generated trips and adding the resulting value to the existing daily volumes results in expected daily volumes on the surrounding roadways. These volumes are shown in Figure 1 for both the one year after opening scenario and the full development scenario. TRAFFIC ANALYSIS Ability of Adjacent Roadways to Accommodate the School Traffic The daily traffic volumes shown in Figure 1 show increases on all of the adjacent roadways for both scenarios. All of the traffic volumes shown, both existing and future, are well within the normal traffic volume range for residential streets. 1111 Ar 1: — 1 (41 %-.t a e , -..r 564/682/872 • 196 fl, Irk Aw a 148/266/456 . cel SITE 439/459/491 6 � 0 113/171/267 NsakIt1 194th AVE, 265/323/41 •; 0 I R } bks , , �.. 1 C.) +h 1#d 2' AVE. N4 W. 489/547/643 192nd LEGEND Alt EXISTING . ' ONE YEAR AFTER SCHOOL N OPENS (100 STUDENTS) FULL DEVELOPMENT OF scaLE SCHOOL (300 STUDENTS) XX/XX/XXt,i . I— - 0 1500' i SOLID ROCK CHURCH FIGURE 1 TRAFFIC ANALYSIS • FOR PROPOSED SCHOOL DAILY TRAFFIC BENSHOOF ASSOCIATES,INC. VOLUMES TRANSPORTATIONENGINEERSANDPLANNERS Mr. Kim Vickroy -4- June 17, 1994 • CONCLUSIONS Three principal conclusions that we have established from this traffic analysis are: . The school will be in operation from about 8:00 a.m. to 3:00 p.m. As such, the school will generate practically no traffic during the late afternoon period when traffic volumes on nearby roadways would be at their peak levels. . Availability of bus service for students attending the school will significantly reduce the trip generation from that which otherwise would occur. . Traffic volumes on local roadways affected by the school will remain within the normal range for residential streets, even if the school reaches an ultimate enrollment of 300 students. On an overall basis, we have determined that the proposed school will not significantly affect the safety or ease of traffic movement on any of the nearby local streets. • • ,_(_/ -\ GENDA ITEM 5.5 ( e0Ap.ity of ' O 1k7: fiver 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. • LOCATION Lots 1-8, Block 9, Brentwood Subdivision (11800-196th Avenue, Elk River) ZONING/LAND USE Ria (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. 0 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 City Council Minutes 110 June 18 , 1984- Page Five c+ • 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. COUNCILME:B ER 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. qr. 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. O b'1�F or.Ga CoQai7LO l~wiTse732eiinittE-dijt est?=='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 • two phases to allow for a total of 1 ,200 people with 297 parking spaces. Discussionwas 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 . City Council Minutes June 18, 1984 Page Six 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, ? Mr. Denny;Anderson. t7 , 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. • COUNCILMEM3ER GUNKEL MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR THE ELK RIVER ASSEMBLY OF GOD CHURCH TO ALLOW THEM TO. CONSTRUCT A NFW .CHURCH WITHIN THE BRENTWOOD SUBDIVISION WITH THE CONDITIONS AS STATED IN THE CITY ADMINISTRATOR'S MEMOR- ANDUM TO TEE MAYOR AND CITY COUNCIL DATED JUNE .12, 1984 AND TO REQUIRE THE • ✓ ESTABLISHMENT OF AN ESCROW ACCOUNT OR TEE SUBMSTION OF A LETTER OF CREDIT WHICH WOULD FINANCE THE, UPGRADING OF PHASE ONE SHOULD PHASE TWO NOT BE BUILT. COUNCIL- ) ' MEMBER SCHLZDT 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 Hearin 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 2120 P.M. , MONDAY THROUGH FRIDAY, TWO SESSIONS PER DAY. 4. PROVIDE ONE OFF—STREET PARKING STALL FOR EACH DAYCARE OTAfF MEM EA AND TWO ADDITIONAL, PARKING STALLS. 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. COUNCILMEMB ER 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 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 11111 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 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: • 1. That the use would have an adverse impact p 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 11111 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 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. . 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 EROPUENSKE 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 statedthat :.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 were.-sraised•: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 CreQ Dance/Public Hearing' Steve Rohlf, Building and Zoning Administrator, indicated that Creg Dance, of 19276 Twin Lakes Road, is. requesting 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 closed. the public hearing. ��- Elk River City Co'_. _1 Minutes July 19, 1003 Page 5 • 12. THE SITE SERVE AS AN OIL DROP-OFF SITE FOR THE CO2MUNITY. 13. STAFF RESEARCH ENVIRONMENTAL CONCERNS, POSSIBLY INCLUDING A BELOW THE BASEMENT SLAB. LINER COUNCILZWMBER 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 he sin will only be visible from the east and will not affect texisting 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 ce Mayor Dietz withdrew second. • COUNCILMEMBER SCHEEL MOVED TO APPROVE THE AMENDMENT USE PERMIT WHICH WOULD ALLOW THE ASSEMBLY OF GOD URCHO TOy CONNVERTONAL AN EXISTING GARAGE INTO A DWELLING WITH THE FOLLOWING STIPULATIONS: (a*a , - Elk River City Counca- .-inutes Page 6 July 19, 1993 .y' 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.