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7.1. SR 07-16-2018 ��i Eof lk — - Request for Action River To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearin1july16, 2018 Zack Carlton,Planning Manager Item Description Reviewed by Conditional Use Permit: Iglesia Luz de Cristo— Chris Leeseberg, Senior Planner Institutional Use, 633 Upland Avenue Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion,the Conditional Use Permit (CUP) to operate an Institutional Use (church) at 633 Upland Ave. NW with the condition the building official and fire marshal must inspect the property for existing life/safety concerns.Any identified concerns must be addressed prior to recording the CUP. i Background/Discussion Case No. CU 18-12 -Applicant is seeking to open a church on the lower level of the former Masonic Lodge building. The building has been used for a variety of uses in the past (institutional, residential, and commercial) but most of those approvals have since expired as they have not remained in continuous UCR 33 operation. The property is currently zoned single-family residential (R-1c) where institutional uses require a Conditional Use Permit (CUP). The building also contains a legal non-conforming commercial use (office) but RR the hours of operation for the church are generally during times the Hwy 10 commercial use is closed or during less busy times. CR 12 Planning Commission No one spoke during the public hearing and no additional comments have R been received. Hw y� O� 6y The Commission did not feel additional conditions were necessary to address the CUP standards and unanimously recommended approval. Figure i Financial Impact None Statutory Review Period Per State Statute §15.99 the required 60-day review period ends on July 30, 2018. Attachments ■ Planning Commission Packet dated June 26, 2018 The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, P U W E H E o s r and community engagement that encourages and inspires prosperity INAWRE] The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 5.2 Agenda Section Public Hearing Meeting Date June 26, 2018 Prepared by Zack Carlton, Planning Manager Item Description Iglesia Luz de Cristo: 633 Upland Ave NW, Suite A Conditional Use Permit to operate an Institutional Use (Church), Case No. 18-12 Reviewed by Chris Leeseberg, Senior Planner Reviewed by Action Requested Recommend, by motion, approval of the Conditional Use Permit (CUP) to operate an Institutional Use church) at 633 Upland Ave NW with the following condition: 1. The Building Official and Fire Marshal must inspect the property for existing life/safety concerns. Any identified concerns must be addressed prior to recording the CUP. Background/Discussion The applicant is seeking to open a church on the lower level of the former Masonic Lodge building located at 633 Upland Ave. The building has been used for a variety of uses in the past (institutional, residential, and commercial) but most of those approvals have since expired as they have not remained in continuous operation. The property is currently zoned single-family residential (R-1c) where institutional uses require a Conditional Use Permit (CUP). The building also contains a legal non-conforming commercial use (office) but the hours of operation for the proposed church are generally during times the commercial use is closed or during less busy times. Applicable Regulation In approving a Conditional Use Permit, the Council may impose such specific conditions with regard to the development or operation of the proposed use as it deems necessary to satisfy the seven standards set forth in section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-12 Iglesia Luz de Cristo\4-Planning Commission\5.2 sr Iglesi Luz.docx 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. There are numerous single-family homes near the property, and traffic resulting from larger events held at the church may create issues for the residential properties. However, the impacts from traffic will be minimized by the trees along the perimeter of the site, and the only entrance to the site is along Upland Ave. Based on previous use of the site as an institutional use, existing landscaping, and driveway location, staff does not see a need to impose specific conditions to satisfy this standard. 2. Will be consistent with the comprehensive plan. The property has a land use designation of Residential. The use will be consistent with the comprehensive plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The area around the property is fully developed, and there are no external/site changes proposed as part of the application. Staff does not see a need to impose specific conditions to satisfy this standard. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. As stated in standard #1, traffic will be the primary concern, but existing conditions (landscaping and driveway access) adequately address staff’s concerns. Staff does not see a need to impose specific conditions to satisfy this standard. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The proposed institutional use will not involve activities that would be detrimental to other properties because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. Staff does not see a need to impose specific conditions to satisfy this standard. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. As no new construction is being proposed, the use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The use will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-12 Iglesia Luz de Cristo\4-Planning Commission\5.2 sr Iglesi Luz.docx It is unclear if the building will fully comply. The Building Official and Fire Marshal must inspect the property for existing life/safety concerns. Any identified concerns must be addressed prior to recording the CUP. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Financial Impact None Statutory Review Period Per State Statute §15.99 the required 60-day review period ends on July 30, 2018. If this item is not acted on during the June 26, 2018, Planning Commission meeting, a 60-day extension will be required. Council Meeting If acted on, this item will go to the July 16, 2018, City Council meeting. Attachments Location Map Applicant’s Narrative Floor Plan 1 17r C r / A Iglesia Luz de Cristo Conditional Use Permit Case No: CU 18-12 *Ver Conditional Use Permit IglesiaLuz de Cristo Background  Zoned R-1c  Churches (institutional uses) require a CUP  Previous approvals expired  Additional commercial uses in building  “Off” hours of operation  Utilize existing signage Applicable Regulation #7 Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city  Unclear at this time. Condition requiring inspection from Building Official and Fire Marshal to ensure all codes are met. Building permit may be required.  Completed July 13, 2018 Planning Commission  The Commission had no concerns and unanimously recommended approval.  Additional comments have not been received. Action Requested Approve, by motion, the CUP with the condition noted in the memo.