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5.b Staff Report Bethany Center PC Staff Report TKDA ® | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Memorandum To: Scandia Planning Commission Reference: Bethany Center Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Sheryl Moran & Roger Tomten, Applicant Project No.: 18407.000 From: Evan Monson, Planner Routing: Date: February 25, 2022 SUBJECT: Conditional Use Permit for a Place of Worship land use, and a variance from the accessory structure standards MEETING DATE: March 1, 2022 LOCATION: 23393 Nolan Avenue North, PIDs 04.032.20.13.0001; 04.032.20.41.0001; 04.032.20.14.0001; 03.032.20.23.0001; 03.032.20.22.0002; 03.032.20.21.0004 APPLICANT: Roger Tomten (designer) OWNER: Sheryl Moran, Bethany Center for Prayer & Renewal ZONING: General Rural (GR), Agriculture Core (AG C), Shoreland Overlay REVIEW PERIOD: 120 day period ends April 1st ITEMS REVIEWED: Application and plans received December 22, 2021 DESCRIPTION OF THE REQUEST The applicant is looking to redevelop the subject property into a ‘place of worship’ land use – the Bethany Center for Prayer and Renewal. The applicant is proposing to remodel the existing house, barn, and granary on the site as part of their proposed project. The project would turn the property into a quiet site for prayer and religious study of the Christian faith. Individual hermitages/cabins would be built on the site as well, providing a space for solitude for visitors. A parcel on the north end of the subject property would house a director/groundskeeper and a priest, ensuring that there is an in-person presence on the site at all times. The property spans multiple parcels. Three of them are zoned AG C, while the others are zoned GR. The Shoreland Overlay covers all of the parcels as well. A place of worship land use is a conditional use in each of these zoning districts. The proposed project is planning for multiple hermitages on the site. A place of worship land use is permitted multiple accessory structures, though said structures are to adhere to the accessory structure Bethany Center Staff Report March 1, 2022 Scandia Planning Commission Page 2 standards under Chapter Two of the Development Code. Due to this requirement, a variance would be necessary, as the number and total square footage of the accessory structures on the site would be exceeded under the current proposal. PROPERTY INFORMATION Parcel description: 23393 Nolan Avenue North is located on the north side of the city. The property bounds the south/east sides of Sea Lake. The property is made up of multiple parcels, totaling approximately 110 acres. Four of the parcels are zoned AG C and total 94.9 acres, while the others are zoned GR and total approximately 15.1 acres in size. The two parcels zoned GR have access off of 240th Street; one of the parcels has an existing house addressed as 13519 240th Street North. The remaining parcels, which are addressed as 23393 Nolan Avenue, have access off of Nolan Ave. A house, barn, and granary occupy these parcels. Portions of the site were also previously used as a tree farm. Zoning: General Rural (GR), Agriculture Core (AG C), Shoreland Overlay Land use: Single-Family Residential, Agriculture EVALUATION OF REQUEST Applicant’s Explanation of the Plan and Variance Request See attached narrative from applicant. Staff Comments on the Variance Request Engineer We are currently awaiting comments from the City Engineer on the proposed project. Watershed The Comfort Lake Forest Lake W atershed District noted watershed permits would be required for this project, and were still reviewing the plans. DNR The East Metro Area Hydrologist did not provide comments at the time of this staff report. Washington County Jay Riggs with the conservation district noted a delineation for wetlands would be needed for the site, to determine wetland locations and setbacks for new structures to adhere to. Bethany Center Staff Report March 1, 2022 Scandia Planning Commission Page 3 Project Details The ‘place of worship’ land use is defined in Chapter One of the Development Code. The definition reads: “A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses is maintained and controlled by a religious body organized to sustain public worship.” This use is listed as a conditional use in both the AG C and GR zoning districts, as well as within the Shoreland Overlay; hence the need for a conditional use permit (CUP). The use, as defined in our code, permits multiple structures on the site can be used as a part of this use. The proposed plans would result in three existing structures being repurposed; an existing house would be repurposed into a ‘Hospitality Center’, an existing barn would be repurposed into a storage facility as well as a future conference room/dining area for users of the site. On-site parking for the site would be located around the barn. The existing granary on the site, located just south of the barn, will be remodeled into a small chapel. An existing house, located on the parcel with access off 240th Street, would be used to house an on-site director/groundskeeper. An ADU could be added in the future to house an on-site priest. Twelve hermitages are proposed on the site, these would be located on the east side of the site. A potential driveway connecting the site to the house near 240th Street could be built in the future. Development Code Items Zoning District and On-site Parking Requirements As noted previously, a place of worship is a conditional use. This use, per its definition, permits multiple buildings as part of the use. The use itself does not have any use-specific standards or requirements to follow. The place of worship land use is able to meet setbacks, has existing screening and landscaping, and can adhere to the lot requirements of the GR and AG C zoning districts, as well as the Shoreland Overlay. Chapter Two, Section 3.10 notes the parking requirements for different land uses in the city. Section 3.10(2) notes that parking shall utilize asphalt, concrete, or a reasonable substitute as approved by the City Engineer. Lot Combination In order to alleviate potential zoning issues from arising in the future, City staff would request as a condition of approval that parcels under the same zoning designation be combined together. This would clear up some existing instances with property lines running close to and through existing and proposed improvements on the site, as well as clear up some zoning requirement issues applicable to accessory structures on each parcel. The four parcels zoned AG C, which consist of a majority of the site, could be combined into one parcel, while the two parcels on the north end of the site that have access off of 240th Street could be combined into one parcel; this would turn the site from six parcels to two. A lot combination could be approved administratively by staff. Bethany Center Staff Report March 1, 2022 Scandia Planning Commission Page 4 Figure 1: Site Plan, showing future combination of the parcels zoned AG C (in red) & parcels zoned GR (in yellow) Accessory Structure Requirements The Development Code’s current standards for accessory structures, though, still come into play as a result of the multiple accessory structures proposed on the site. Accessory Structure standards are found under Chapter Two, Section 3.2 of the Development Code. The code currently breaks down accessory structure standards into commercial/industrial, or residential/agriculture . As an institutional use, a place of worship does not fit cleanly into the current standards. Staff has asked the City Attorney to weigh in on the correct applicability and interpretations to apply to this request. The site currently has two accessory structures that would be repurposed (the barn and granary); the hermitages would also fall under the accessory structure count, bringing the total count to 14. The square footage of the barn and granary would total 3,600 SF; if the hermitages are at 1,000 then you’d have potentially 12,000 SF of structures in addition to the existing 3,600 SF. The applicant has noted the hermitages on the site would be no bigger than 1,000 SF in size. The priest residence is planned by the applicant as being an ADU; this could be located on the same parcel as the hermitages (the parcels zoned AG C) or on the same parcel as the house for the director/groundskeeper (the parcels zoned GR). AG C parcels (4 @ 94.9 ac) Currently existing? Size (SF) Number Barn Yes 3,100 1 Granary Yes 500 1 Hermitages No >1,000* 12 Totals 15,600 14 Bethany Center Staff Report March 1, 2022 Scandia Planning Commission Page 5 GR parcels (2 @ 15.1 ac) Currently existing? Size (SF) Number ADU No 1,000** 1 Detached garage Yes 1,008 1 Totals 2,008 2 *the hermitages are proposed to be no larger than 1,000 SF **An ADU would be permitted a maximum floor area of 1,000 SF Figure 2: Existing and Proposed Accessory Structures Additional Items The site is planned to be built out and developed over time. The applicant would desire a different expiration of the CUP, so as to allow for a more phased development of the project. The City may allow for a different timeline during initial review and approval of the CUP. The public hearing notice originally noted that the principal structure on the site (the existing house) was within the setback from Sea Lake. City staff were able to find the original surveys from the building of the house that confirm the setback requirement of 200 feet from the OHWL was met, so that variance was no longer applicable/needed. The applicant will need to complete a wetland delineation of the site at the end of winter. The delineation would identify wetlands on the site and allow the applicant to site the hermitages and other improvements to the site outside of applicable wetland setbacks. If, in the situation that a setback from a wetland were unable to be met, the applicants will need to acquire a variance as well as amending the CUP. The improvements on the site would have to adhere to the City’s Design guidelines and the requirements outlined in Chapter Two, Section 3.14 of the Development Code. CUP Criteria and Findings Chapter One, Section 8.4 of the Development Code lists the criteria to meet to grant a CUP. They are listed below in italics. 1. The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. Bethany Center Staff Report March 1, 2022 Scandia Planning Commission Page 6 6. The conditional use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. Variance Criteria and Findings Chapter One, Section 6.0 of the Development Code includes the criteria and required process for considering variance requests.  Variances shall only be permitted when they are in harmony with the Comprehensive Plan and general purposes and intent of the official control.  The property owner proposes to use the property in a reasonable manner under the conditions  The practical difficulties are not caused by the landowner and are unique to the property.  The variances would not alter the essential character of the area.  Economic conditions alone shall not constitute practical difficulties.  The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.  The requested variance is the minimum action required to eliminate the practical difficulty.  Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. ACTION REQUESTED The Planning Commission can recommend to the Scandia City Council that it do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request RECOMMENDATION Staff would recommend tabling the request, to allow the applicant to provide additional information for the request to the Planning Commission to review.