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5.1b. PCSR 12-18-2018Request for Action To Item Number Planning Commission 5.1b Agenda Section Meeting Date Prepared by Public Hearings December 18, 2018 Chris Leeseberg, Senior Planner Item Description Reviewed by Glory of Christ Church – 550 Freeport Ave. NW Zack Carlton, Planning Manager Reviewed by  Conditional Use Permit to operate a religious institution, Case No. CU 18-20 Action Requested Recommend, by motion, approval of the Conditional Use Permit as the standards set forth in Section 30- 654 have been satisfied. Background/Discussion The subject property is located at 550 Freeport Ave. NW (see figure 1) and is zoned Mixed Use Elk River Plaza (MU-ERP) where Institutional Uses, if approved with Ordinance Amendment OA 18- 07, require a Conditional Use Permit (CUP). The applicant is seeking a CUP to operate a church, an Institutional Use, in the approximately 13,000 square-foot vacant portion of the building on site. The buildout will include space for worship, presentations, weddings, classrooms, a non-commercial kitchen and gathering space, office space, and storage space. The church plans to utilize these spaces for Sunday worship (323 seats) and religious education (approximately 7:00 a.m. - 1:00 p.m.), Wednesday programing for adults and children (approximately 5:00 p.m. - 9:00 p.m.), religious education, biblical counseling services, community service, and church administration. They currently staff two full- time employees and three part-time employees. Their future growth plans put them at 5-10 full-time employees. Comprehensive Plan The property is guided for Highway Business and the proposed use is consistent with this designation. Parking and Circulation The ordinance requires one parking space for each three seats, based on the design capacity of the main seating area. The building plan shows 323 seats, requiring 107 parking stalls. There are approximately 300 parking stalls on the property and about 500 stalls on the adjacent properties to the north. Per the Easements Covenants and Restrictions (ECR), all of those stalls are available on a non-exclusive basis. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Signage The applicant stated in their narrative they would like 3-4 signs each being 32 or 50 square feet. The two signs facing south and east could possibly be changeable copy signs while the one facing west would be a standard lighted box sign. A fourth freestanding sign, along Freeport Ave. NW, is also proposed. While the ordinance allows 15% wall coverage, it only allows two wall signs and changeable copy signs larger than 30 square feet will require a CUP. Each property is allowed one freestanding sign. All signage will required a sign permit. 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 considers 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: 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. The building has been utilized in the past as a retail store and a commercial recreation facility, neither of which endangered, injured or detrimentally affected 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. The proposed use is not anticipated to do so either as the area was designed and planned for large volumes of visitors and varying times. Staff does not see a need to impose specific conditions to satisfy this standard. 2. Will be consistent with the comprehensive plan. The property is guided for Highway Business and the proposed use is consistent with the designation. 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. As there is no vacant property surrounding the subject property, the use will not impede the normal and orderly development and improvement of surrounding vacant property. 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. The use has been, and will continue to 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. 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 MU-ERP district was designed and planned for extensive commercial activities. The use 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. 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. No exterior building or site work is planned. 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. Staff does not see a need to impose specific conditions to satisfy this standard. 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 January 25, 2019. Council Meeting If acted on, this item will go to the January 22, 2019, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Building Plans and Elevations 41 1 F 75 5-0610 In I. a ;x 1 �.i.. kkkkk= Glory of Christ Fellowship Case No: CU 18-20 Conditional Use Permit E Description of Project Narrative Legal Description / Property Under Consideration: The legal description of the property is “Lots 1 and 2, Block 1. Elk River Plaza Second Addition”, according to the plat thereof on file and of record in the Office of the County Recorder in and for Sherburne County, Minnesota. Or, 13,000+/- square feet (the South end of the Marcus Theater Building) and the adjoining outdoor space directly South of the building. Glory of Christ Fellowship (hereafter GCF or the Church) was founded in 2007 and is registered with the State of Minnesota as a 501(c)(3) non-profit corporation. The Church was granted State and Federal tax-exempt status and began holding public meetings and offering various services that same year. From the beginning, GCF has held Sunday morning worship at the Handke Family Center (1170 Main Street NW) and maintained a small office in Old Town Elk River (707 Highway 10, Suite 300). In addition to the services GCF offers to its congregants, it has also been a member of the Chamber of Commerce, contributed time and resources to other non-profit organizations in the City of Elk River (hereafter the City), and held occasional events for the community like back- to-school give-aways and a Christmas dinner for disadvantaged families. While the church has experienced a modest amount of growth (approximately 180 members and regular attenders), the time has come for GCF to transition to a full-time, dedicated facility from which it can better serve its congregants and the community at-large. The Church’s Facilities Team has considered several properties available for lease or purchase, and through a vetting process has chosen to pursue a long-term lease (12-15 years) with Marcus Properties for the space at the south end of their building (550 Freeport Avenue). This space has been vacant for several years, and therefore, the church thinks that occupying this space will be good for the City, for Marcus Properties, and for its congregants. If the Church is granted permission from the City and is able to reach an agreement with Marcus Properties, it plans to build out the 13,000+/- interior space on the South end of the building according to the provisional fit-use plan attached to this request. Generally speaking, the buildout will include (1) a large space that will be used for worship, presentations, weddings, and the like, (2) several classrooms, (3) a non-commercial kitchen and gathering space, (4) office space, and (5) storage space. The church plans to utilize these spaces for Sunday morning worship and religious education (approximately 7:00 a.m-1:00 p.m.), Wednesday evening programing for adults and children (approximately 5:00-9:00 p.m.), religious education, biblical counseling services, community service (for example, giving away educational supplies in the fall or feeding disadvantaged families during the holiday season), and church administration. While the Marcus Theater property is located in a Subzone C. Commercial zone, GCF is seeking a zoning change/addition only to the 13,000+/- square feet and the adjoining outside space to the south of the building to an “institutional user,” that is, one of “those establishments engaged in activities of a noneconomic nature, frequently being the performance of services classified as a governmental or commercial user in this division” The legal description of the property is “Lots 1 and 2, Block 1. Elk River Plaza Second Addition”, according to the plat thereof on file and of record in the Office of the County Recorder in and for Sherburne County, Minnesota. As such, we will provide a variety of services to the community free of charge that will in turn benefit the City and advance its comprehensive plan in the following ways.  Maintain a Distinct Identity: Elk River has been friendly toward religious communities from its earliest days, and it has benefited from their presence as well. Allowing GCF to occupy this property will help maintain this heritage and add a “small town” feel to the business district.  Create and Maintain Strong Neighborhoods: Allowing GCF to occupy this property will provide family-friendly services to the City in the business district, and it will allow the Church to offer services free of charge or other obligation to local residents.  Keep Elk River a “Safe” Place: Allowing GCF to occupy this property will increase the safety of this portion of the business district due to the presence of their congregants and security measures such as alarms and video surveillance.  Preserve and Maintain the Environment: Allowing GCF to occupy this property will advance the City’s reputation for environmental care, for the Church will not be a significant producer of waste, it will not produce toxic waste, and it will leave a negligible environmental footprint upon vacating the premises.  Make Elk River a “Complete” Place: Allowing GCF to occupy this property will likely cause the church to grow which will in turn create employment and volunteer opportunities for local residents. The church currently has two full-time and three part- time employees, all of whom live in or near Elk River. Further, since the church will provide a variety of educational opportunities to all residents of the City, it will enhance the cultural richness of the City, particularly in the business district. Therefore, GCF requests that the City amend the zoning ordinance for this property to allow it to occupy and utilize the space in these ways, and with these benefits, in early 2019. If the city grants the amendment and we reach an agreement with Marcus Properties, we plan to complete the build out as soon as possible and occupy the space upon the City’s approval. Number of Employees: Current staff includes two full-time employees and three part-time employees. Future growth could potentially put us at 5 – 10 full-time employees. Number of parking stall, existing and additional: There are approximately 300 parking stalls on the property and about 500 stalls on the adjacent properties to the north. Per the Easements Covenants and Restrictions (ECR), all of those stalls are available on a non-exclusive basis. Proposed building materials: All building materials shall be of highest quality and shall meet prevailing codes. Signage: We would anticipate three to four signs each being 4’ x 8, or 5’ x 10’. If code allows we would put 3 signs on the building. The two facing south and east would possible be hi- resolution programmable LED. The one facing West would be a standard lighted box. The fourth along Freeport Ave. would be a pedestal with a standard lighted box. Storage: Currently there is no anticipated outside storage or screening. I hereby certify that this plan was prepared by me orunder my direct supervision and that I am a dulyregistered Architect under the laws of the state ofMINNESOTAKeith Nichols # 4727411/26/2018 12:55 AM C:\Quintus 3D\Quintus 3D - Projects\18_032_GC_Church\Cad\18_032_Drawing SetPlot Date: 11/26/2018 by Quintus 3DDate :Checked :Drawn :KRNIssued for :Zoning Application11.26.18KRNNO.-DATE:DESCRIPTION:N6877 Cty. Rd. NBeldenville, WI 54003(715) 699-0477-------------------------------------------------11.26.18ZONING APPLICATIONSHEET INDEXTITLE SHEET ANDCODE REVIEW I hereby certify that this plan was prepared by me orunder my direct supervision and that I am a dulyregistered Architect under the laws of the state ofMINNESOTAKeith Nichols # 4727411/26/2018 12:56 AM C:\Quintus 3D\Quintus 3D - Projects\18_032_GC_Church\Cad\18_032_Drawing SetPlot Date: 11/26/2018 by Quintus 3DDate :Checked :Drawn :KRNIssued for :Zoning Application11.26.18KRNNO.-DATE:DESCRIPTION:N6877 Cty. Rd. NBeldenville, WI 54003(715) 699-0477-------------------------------------------------11.26.18ZONING APPLICATIONDEMOLITION PLAN--DEMOLITION PLAND1001 I hereby certify that this plan was prepared by me orunder my direct supervision and that I am a dulyregistered Architect under the laws of the state ofMINNESOTAKeith Nichols # 4727411/26/2018 12:56 AM C:\Quintus 3D\Quintus 3D - Projects\18_032_GC_Church\Cad\18_032_Drawing SetPlot Date: 11/26/2018 by Quintus 3DDate :Checked :Drawn :KRNIssued for :Zoning Application11.26.18KRNNO.-DATE:DESCRIPTION:N6877 Cty. Rd. NBeldenville, WI 54003(715) 699-0477-------------------------------------------------11.26.18ZONING APPLICATIONFLOOR PLAN--FLOOR PLANA1001 I hereby certify that this plan was prepared by me orunder my direct supervision and that I am a dulyregistered Architect under the laws of the state ofMINNESOTAKeith Nichols # 4727411/26/2018 12:56 AM C:\Quintus 3D\Quintus 3D - Projects\18_032_GC_Church\Cad\18_032_Drawing SetPlot Date: 11/26/2018 by Quintus 3DDate :Checked :Drawn :KRNIssued for :Zoning Application11.26.18KRNNO.-DATE:DESCRIPTION:N6877 Cty. Rd. NBeldenville, WI 54003(715) 699-0477-------------------------------------------------11.26.18ZONING APPLICATIONEXTERIORELEVATIONS1A100WEST ELEVATIONA20011A100SOUTH ELEVATIONA20021A100WEST ELEVATIONA2003