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7.2 SR 08-19-2024The 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 City Council Item Number 7.2 Meeting Date August 19, 2024 Prepared By Chris Leeseberg, Senior Planner Item Description Conditional Use Permit: Religious Institution, 555 Railroad Drive - Harvest Intercontinental Church Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Approve, by motion, the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The entire parking lot be re-striped based on the approved parking site plan. 2. Schedule a site visit with the Building Official and Fire Marshal to review the leased space and complete any required building code updates. 3. A code analysis finding commercial building code compliance shall be prepared by an appropriate registered professional, as required by condition #2. Background/Discussion The applicant requests a Conditional Use Permit (CUP) to operate a religious institution (church) at 555 Railroad Drive NW. The three properties comprise 1.8 acres and are zoned C1 – (Central Business District), where churches require a CUP for approval. The proposed church will occupy approximately 2,885 sf of the 16,788 sf building. Planning Commission During the meeting, the chairperson informed the commission that a letter of support from the property owner had been submitted to staff and distributed to the members. The Commission inquired whether street parking could be included in the calculation for the required parking totals. It was clarified that the ordinance does not allow street parking towards these totals. Subsequently, the applicant presented an updated parking plan. The commission expressed no concerns with the request and unanimously recommended approval. Financial Impact None Page 64 of 327 Mission/Policy/Goal Support the growth and development of the community. Attachments 1. Planning Commission Memo dated July 23, 2024 2. Parking Lot Striping 3. CU 24-10 Draft Recording Document 4. Presentation Page 65 of 327 Page 66 of 327 Page 67 of 327 Page 68 of 327 Page 69 of 327 Page 70 of 327 Page 71 of 327 Page 72 of 327 Page 73 of 327 Page 74 of 327 Page 75 of 327 Page 76 of 327 Page 77 of 327 Page 78 of 327 CITY OF ELK RIVER SHERBURNE COUNTY CONDITIONAL USE PERMIT Case No. CU 24-17 Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a Conditional Use Permit (“Permit”) requested by Harvest Intercontinental Church for the following use: Conditional Use Permit to operate a religious institution (church) at 555 Railroad Drive NW Property. The Permit is for the following described property (“Subject Property”) in the City of Elk River, Sherburne County, Minnesota: Lot 4, Block 12, Village of Elk River; the West 33 feet of that part of vacated Mill Street (formerly Holt Avenue) lying between Lot 4, Block 12, Village of Elk River and Lot 12, Block 13, Village of Elk River, and Lot 1, Block 1, Holt Addition (formerly Lot 1, Block 13, Village of Elk River); EXCEPT that part thereof lying southerly of the westerly extension of the Northerly Line of Lot 12, Block 13, Village of Elk River, the East 33 feet of that part of vacated Mill Street (formerly Holt Avenue) lying North of the Westerly extension of the South line of Lot 1, Block 1, Holt Addition, Village of Elk River; TOGETHER with an appurtenant easement for driveway, drainage and utility purposes over and across the West 33 feet of that part of vacated Holt Avenue lying southerly of said westerly extension of the northerly fine of Lot 12, Block 13, Village of Elk River, Sherburne County, Minnesota. AND Lot 1, Block 1, Holt Addition, Sherburne County, Minnesota. Owner. Owner of the Subject Property at time of the approval of the Permit: MCF Properties, LLC, owner Conditions. The Permit is issued subject to the following conditions: 1.The entire parking lot be re-striped based on the approved parking site plan. 2.Schedule a site visit with the Building Official and Fire Marshal to review the leased space and complete any required building code updates. Page 79 of 327 3.A code analysis finding commercial building code compliance shall be prepared by an appropriate registered professional, as required by condition #2. Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for the herein are complied with. The City may revoke the Permit following a public hearing for violation of the terms and/or conditions set forth in the Permit. Lapse. If within two (2) years of the issuance of the Permit the proposed work described in a conditional use permit has not been substantially completed, the permit shall expire and become void, except that the council may, following recommendation of the planning commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A conditional use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than six (6) months. Criminal Penalty. Both the owner and any occupant of the Subject Property are responsible for compliance with the permit. Violation of the terms of the Permit is a criminal misdemeanor. Recording. The Permit shall be recorded against the title to Subject Property. Dated: __________, 2024. CITY OF ELK RIVER By: ___________________________________ Mayor John J. Dietz By: ___________________________________ City Clerk Tina Allard STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this ___ day of _________, 2024, by John J. Dietz and Tina Allard, respectively, the Mayor and City Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. ____________________________________ Notary Public DRAFTED BY: City of Elk River 13065 Orono Parkway NW Elk River, MN 55330 Phone: 763-635-1032 Page 80 of 327 Harvest ChurchConditional Use Permit Page 81 of 327 Page 82 of 327 Background §C1 – Central Business District (1.8 acres) §CUP - Religious Institution §~2,885 sq.ft. of 16,788 sq.ft. §45-57 patrons §8 employees §Hours of operation will be as follows: §Sundays 7:00 a.m. – 2:00 p.m. Worship Service §Wednesdays 6:00 p.m. – 9:00 p.m. Bible Studies §Fridays 6:00 p.m. – 9:00 p.m. Prayer Meetings §Saturday 6:00 p.m. – 9:00 p.m. Praise & Worship Practices Page 83 of 327 Page 84 of 327 Page 85 of 327 Page 86 of 327 Parking §67 existing parking stalls §83 stalls are required Page 87 of 327 Page 88 of 327 Planning Commission §Can street parking be included in the calculation for the required parking totals? §Ordinance does not allow street parking to count towards these totals §Applicant submitted an updated parking plan §The commission expressed no concerns with the request and unanimously recommended approval Page 89 of 327 Action Requested §Approve, by motion, the CUP with the 3 conditions outlined in the memo Page 90 of 327 Page 91 of 327 Page 92 of 327 Page 93 of 327