6.a Staff Report Willowbrook Community Church CUP Meeting Date: 11/5/2008
Agenda Item: / rj,
Planning Commission/ City Council
Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Take final action on the application of Willowbrook Community
Church for a Conditional Use Permit (CUP) for a Place of Worship on
a 40.5-acre site located west of 11262 Scandia Trail.
Deadline/ Timeline: Review period expires November 17, 2008.
Background: • In March of this year, the City Council adopted a resolution
summarizing its position on the application by Willowbrook
Church for a Conditional Use Permit. The resolution set criteria
for a complete, revised site plan to be submitted by the applicant
prior to approval of the permit.
• In April, Willowbrook requested a 6-month extension of the
review period (from May 17 to November 17, 2008) to give them
time for fundraising and to further evaluate their project. They
have not made contact with the City since that time.
• The city must act prior to expiration of the review period. Since
the applicant has not fulfilled the conditions set for approval, it
would be appropriate to deny the permit.
Recommendation: The Planning Commission should recommend, and the City Council
should adopt, a resolution denying the CUP application of
Willowbrook Church.
Attachments/ • Resolution No. 03-05-08-03
Materials provided: • Draft Resolution No. 11-05-08-xx Denying Conditional Use
Permit
Contact(s): Brad Reis, Pastor, Willowbrook Community
Church 651 210-1131
Chris Doehmiann, Architect 651 639-0469
Prepared by: Anne Hurlburt, Administrator
(willowbrook church cup denial)
Page 1 of 1
10/31/08
CITY OF SCANDIA
RESOLUTION NO. 03-05-08-03
RESOLUTION SUMMARIZING POSITION ON APPLICATION BY WILLOWBROOK
CHURCH FOR A CONDITIONAL USE PERMIT
WHEREAS, at the request of Willowbrook Church, New Scandia Township and the City
of Scandia considered and subsequently adopted ordinance amendments to allow consideration
of a church to be constructed in the Shoreland Management District, to wit:
I. Willowbrook Church approached the New Scandia Township Board regarding an
ordinance change to allow places of worship as a permitted use in the shoreland overlay
district during the late summer of 2006.
2. Washington County had final jurisdiction over the shoreland management regulations,
and declined to consider the amendment that would be required.
3. Willowbrook Church approached the City Council after New Scandia Township became
the City of Scandia on January 1, 2007 and again asked for an ordinance amendment to
the shoreland overlay district.
4. The City of Scandia Planning Commission and City Council expressed concern about the
impact of such an amendment on the following factors:
• compatibility with the adopted New Scandia Township Comprehensive Plan,
which strives to "strike a balance between the two primary considerations of
preserving the rural character of the township while still accommodating a modest
amount of new development";
• preservation of water quality, including German Lake located close to the
proposed church site;
• preservation of the view shed along Highway 97/ Scandia Trail; and
• the potential for light pollution in the surrounding area; and
• the impact of a large non-rural type building on the surrounding area; and
• impact of a large parking lot on the views from Highway 97 and neighboring
properties; and
• whether or not the Minnesota Department of Natural Resources would approve
the proposed ordinance amendment.
5. Willowbrook Church representatives assured the City of Scandia Planning Commission
and the City Council that they understood the concerns and would work with the
Commission and Council to do everything possible to address all the concerns voiced
now and in the future.
6. The Planning Commission and City Council agreed to amend the shoreland overlay
district to allow churches as a conditional use, under the general conditions required for a
conditional uses by Chapter 1, Section 7.3 of the Development Code and specific
conditions applying to a place of worship, including a 500 foot setback from the ordinary
high watermark and that the property have frontage on a city or county collector street or
minor arterial.
•
• Resolution No.: 03-05-08-03
Page 2 of 4
7. The Minnesota Department of Natural Resources subsequently approved the amendment
to the shoreland management regulations, and allowed the City of Scandia to put it into
effect in July of 2007.
WHEREAS, Willowbrook Church presented a preliminary architectural design and site
plan for the proposed church to the Planning Commission and City Council in September, 2007,
and received comments indicating that the proposed architectural design did not reflect the city's
rural character, that the city had grave concerns about the location of the parking lot and church
and their effect on rural character and the view shed along Highway 97; and
WHEREAS, the city asked that the parking lot be relocated to the rear of the church, or
the entire site plan moved further to the rear of the lot, and
WHEREAS, representatives of the church said they understood the city's concerns and
would submit another plan, and
WHEREAS, in January, 2008 Willowbrook Church submitted a new architectural
drawing for the church with a site plan similar to that previously submitted, and a public hearing
was held by the Planning Commission on February 6, 2008; and
WHEREAS, there was general agreement that the architectural design of the church was
acceptable, but that the site plan, particularly the location of the parking lot, proposed benning
and landscape design were not consistent with the city's ordinances and goals to protect rural
character. The large parking lot at the front of the buildings would not be typical of farms, rural
residences, historic churches or the historic Town Center in Scandia. The appearance is similar to
commercial parking lots designed for suburban areas. It does not preserve or provide a "scenic
vista" that is consistent with the rural character of Scandia; and
WHEREAS, on Tuesday February 12, 2008 at 1:00 p.m., a properly advertised special
meeting of the City Council convened to discuss alternative solutions to the concerns expressed
to the proposed site plan. In attendance, representing the church were Pastor Brad Reis and
Architect Chris Doerhmann. In attendance, representing the City were Mayor Dennis Seefeldt,
Council member and Deputy Mayor Mike Harnetty, Council member Donette Yehle, City
Administrator Anne Hurlburt, City Planner Sherri Buss, Planning Commissioner Moose
Malmquist and Planning Commissioner Peter Schwarz; and
WHEREAS, at the February 12 special meeting, church representatives agreed to
consider revisions of the site plan to move the building and parking lot to the north by 50 feet,
and to add additional planting areas within the parking lot to reduce the continuous expanse of
asphalt in front of the building. The additional 50 feet would allow room for a more natural
substantive landscape plan, both land forms and plantings, which would also better fit the
community. It would also help minimize the height of the building, as the building would move
farther from the road and potentially be at a lower grade level; and
Resolution No.: 03-05-08-03
Page 3 of 4
WHEREAS, there was consensus of the city representatives that this was an acceptable
compromise which would help meet the city's objectives and also those of the church, without
requiring a redesign of the site plan to place the parking to the rear and/or side of the structure.;
and
WHEREAS, Pastor Reis and Architect Doerhmann agreed that the alternative design, or
something very close to it, would be feasible and that they would review it with other church
representatives; and
WHEREAS, on February 27, 2008, the church submitted a revised site sketch that failed
to include the changes agreed to at the February 12 special meeting; and
WHEREAS, the church has requested that the city provide criteria by which they may
develop plans to meet the approval requirements for a Conditional Use Permit;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does find that the alternative plan agreed upon at the February 12, 2008 special City
Council meeting is generally acceptable to the City of Scandia; and
BE IT FURTHER RESOLVED, that if Willowbrook Church submits a complete,
revised site plan submission consistent with the following criteria it is the intent of the City of
Scandia to issue a Conditional Use Penriit to Willowbrook Church for a place of worship on the
proposed site:
a. The building and parking lot shall be moved 50 feet north of the location shown on
the plan received on January 11, 2008 and the grading and drainage plans shall be
revised accordingly.
b. A screening and landscape plan shall be submitted, meeting all of the requirements of
Chapter 2, Section 9.12 of the Development Code, including preparation by a
qualified Landscape Architect and itemization of size, number and species of all plant
materials. In addition to the specific standards of the ordinance, the following
guidance is given:
• Additional planting islands shall be included within the parking lot to
minimize the expanse of asphalt, as discussed at the February 12 meeting.
• Plant materials chosen should be native species and no invasive species shall
be included.
• Formal plantings should be minimized in order to reflect vegetation patterns
more typical of rural areas.
• Any berms or landforms used to provide screening for the parking lot, and for
the surrounding uses, should be as natural in appearance as possible. Fences
Resolution No.: 03-05-08-03
Page 4 of 4
should be avoided unless they enhance the natural appearance of the screening
and are consistent with the architecture of the building and surrounding rural
character.
• Restoration of native prairie and savanna areas, or other plant communities
that are native to the Scandia area, should be included in the design.
c. A lighting plan shall be submitted, meeting all of the requirements of Chapter 2,
Section 9.8 of the Development Code including the performance standards applicable
to residential/agricultural districts. The lighting plan shall include information on the
time(s) of day during which the lighting will be used and how it will be controlled to
avoid a negative impact on adjacent properties and scenic views in the surrounding
area.
AND FURTHER, BE IT RESOLVED, that the plans described in items a, b and c
above shall be submitted to the city prior to, and not as a condition of, approval of a Conditional
Use Permit. Other conditions ensuring compliance with all other aspects of the Sandia
Development Code and other city ordinances will be listed in the Conditional Use Permit, such
as obtaining a sign permit for any signs and obtaining a building permit.
Adopted by the Scandia City Council this 5th da7cMarch, 2008.
A z
7/
Dennis D. Seefeldt, May( r
ATTEST:
City Clerld Administrator
CITY OF SCANDIA
RESOLUTION NO. 1 I-05-08-XX
RESOLUTION DENYING APPLICATION BY WILLOWBROOK CHURCH FOR A
CONDITIONAL USE PERMIT
WHEREAS, Willowbrook Community Church made application for a Conditional Use
Permit for a Place of worship on a 40.5-acre site located west of 11262 Scandia Trail; and
WHEREAS, the site is more specifically described as follows:
That pail of the South Half of the Southeast Quarter (S 1/2 of SE 1/4 ) of Section Eighteen (18), Township
Thirty-Two (32) North, Range Twenty (20) West, Washington County, Minnesota, according to the United
States Government Survey thereof lying westerly of the following described line:
Commencing at the southwest corner of the Southeast Quarter of said Section 18; thence South 89 degrees
24 minutes 59 seconds East, assumed bearing, along the south line of said Southeast Quarter, a distance of
1464.27 feet to the point of beginning of the line to be described; thence North 02 degrees 04 minutes 20
seconds East a distance of 1309,84 feet to the north line of said South Half of the Southeast Quarter and
there terminating.
EXCEPT
That part of the South Half of the Southeast Quarter (S 1/2 of SE 'A) of Section Eighteen (18), Township
Thirty-two(32) North, Range Twenty(20) West, Washington County, Minnesota, described as follows:
Beginning at the northwest corner of said South Half of the Southeast Quarter; thence on an azimuth from
north, oriented to the Washington County Coordinate System, North Zone, along the north line of said
South Half of the Southeast Quarter a distance of 377.74 feet; thence on an azimuth of 120 degrees 11
minutes 59 seconds a distance of 227.54; thence southeasterly a distance of 198.09 feet along a tangential
curve concave to the southwest having a radius of 200.00 feet and a central angle of 56 degrees 44 minutes
51 seconds; thence on an azimuth of 176 degrees 56 minutes 50 seconds, tangent to said curve, a distance of
92.12 feet; thence on an azimuth of 279 degrees 44 minutes 02 seconds a distance of 658.24 feet to a point
on the west line of said South Half of the Southeast Quarter distant 370.50 feet south of the point of
beginning; thence on an azimuth of 356 degrees 52 minutes 43 seconds along said west line, a distance of
370.50 feet to the point of beginning.
WHEREAS, on February 6, 2008 the Scandia Planning Commission held a duly noticed
public hearing on the application, and
WHEREAS, on March 5, 2008 the Scandia City Council adopted Resolution No, 03-05-
08-03, Summarizing Position on Application by Willowbrook Church for a Conditional Use
Permit; and
WHEREAS, the Resolution established criteria for a complete, revised site plan to be
submitted by the applicant prior to approval of the permit; and
Resolution No.: I I-05-08-xx
Page 2 of 2
WHEREAS, in April 2008 Willowbrook requested a 6-month extension of the review
period until November 17, 2008 to prepare plans meeting the criteria; and
WHEREAS, the City of Scandia must now act on this application;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does deny the application of Willowbrook Church for a Conditional Use Permit for a
Place of Worship, based on the following findings:
a. A complete, revised site plan meeting the criteria listed in Resolution 03-05-08-03
has not been submitted.
b. The application does not meet the general criteria set forth in Chapter One,
Section 7 of the Scandia Development Code for Conditional Uses.
c. The application does not meet the requirements of Chapter 2, Section 9.12 of the
Scandia Development Code for screening and landscape plans.
d. The application does not include a lighting plan meeting the requirements of
Chapter 2, Section 9.8 of the Development Code.
Adopted by the Scandia City Council this 5th day of November, 2008,
Dennis D. Seefeldt, Mayor
ATTEST:
City Clerk/ Administrator