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08.b2b Staff Report Bethany Center 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 City Council 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: March 10, 2022 SUBJECT: Conditional Use Permit for a Place of Worship land use MEETING DATE: March 15, 2022 LOCATION: 23393 Nolan Avenue North & 13519 240th Street 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/OWNERS: Sheryl Moran (owner) & Roger Tomten (designer) ZONING: General Rural (GR), Agriculture Core (AG C), Shoreland Overlay REVIEW PERIOD: 120 day period ends April 21st ITEMS REVIEWED: Application and plans received December 22, 2021, revised site plans received February 28th 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 planned to be developed in phases. The initial phase, under review now, would allow for the applicant to begin remodeling the house, barn, and granary building. The proposed hermitages on the site would be built out in a future phase. If the CUP is approved by the city, the applicant would then amend the CUP when they are ready to begin the building of the hermitages. The Bethany Center Staff Report March 15, 2022 Scandia City Council Page 2 Planning Commission reviewed the request at their meeting on March 1st, and found the request met the criteria for approval. The commissioners recommended a number of conditions of approval, which are listed at the end of this report. 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 The City Engineer reviewed the project plans to determine surfacing options for on-site parking. The Development Code notes that “non-residential uses shall utilize asphalt, concrete, or a reasonable substitute as approved by the City Engineer”. The engineer noted that the first 50 feet of driveway off Nolan Avenue should be paved. Paving of on-site parking areas, turn lanes at the Nolan Avenue access, and a Development Agreement could be required as part of future phases of the project. Watershed The Comfort Lake Forest Lake W atershed District noted watershed permits would be required for this project. 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. The delineation would determine wetland locations and necessary setbacks for construction on the site to meet. Project Details The ‘place of worship’ land use is defined in Chapter One of the Development Code. The definition reads: Bethany Center Staff Report March 15, 2022 Scandia City Council Page 3 “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 maint ained 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 the Development 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 on-site parking. On-site parking for the site would be located around the barn and center. 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. Upon full build-out, the site would have up to 12 users of the hermitages at a time, 3-5 staff people onsite, and 3 staff or users in the Hospitality Center. The chapel would be designed for 20 users, so as to accommodate users and staff on the site. 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; though the general standards of the code are still applicable. The existing buildings already meet required setbacks, there is some existing screening and landscaping on the site, and the initial phase o of the project can adhere to the lot requirements of the GR and AG C zoning districts, as well as the Shoreland Overlay. The comprehensive plan identifies this area as ‘Agricultural Core’ and ‘General Rural’, which are consistent with the current zoning designations of the parcels on the site. New landscaping on the site would be included in plans for review for future phases, or as part of building permit review. The proposed remodels, and future 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. Any special or private events on the site would have to follow the city’s requirements for events and nuisances, which are located in the city’s municipal code and outside of the Development Code. Chapter Two, Section 3.10 notes the parking requirements for different land uses in the city. The place of worship land use is noted as requiring “1 space for each 3 seats or for each 5 feet of pew length”. With the chapel designed to accommodate 20 people, this would result in having 20 seats. 1 space per 20 seats would come out to 7 parking spaces being required. The applicant is proposing to provide 20 spaces on the site, which would provide at least one space for guests and staff. As part of the remodel of the barn, the interior would be able to accommodate some parking. The center would remodel the existing garage on the house for parking as well, in order to minimize parking outside. The Planning Commission, in their review of the request, felt 20 spot s on the site would be ideal, and recommended 20 parking spots be provided on-site as a condition of approval. Section 3.10(2) notes that outdoor parking for non-residential uses shall utilize asphalt, concrete, or a reasonable substitute as approved by the City Engineer. Parking plans would be reviewed as part of the building permits for the project. Bethany Center Staff Report March 15, 2022 Scandia City Council Page 4 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 th e 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 city staff. Figure 1: Site Plan, showing future combination of the parcels zoned AG C (in red) & parcels zoned GR (in yellow) On-site Septic The initial phase would utilize the existing septic systems on the site. The County will review and determine compliance of the current system, as the County administers septic standards for the city. The future hermitages on the site would require on-site septic, which would have to be installed and receive permits from the county. Future Items Phases & timelines The site is planned to be built out and developed over time. The current phase would be the remodel of the existing house, barn, and granary on the site, and utilizing existing parking around the center and barn. The proposed hermitages would be a future phase; this would require an amendment to the CUP, Bethany Center Staff Report March 15, 2022 Scandia City Council Page 5 which would require review by the Planning Commission and approval or denial by the City Council. The city could add additional conditions for future phases during review of amendments to the CUP. Wetlands The applicant will be completing a wetland delineation of the site upon the end of winter. The delineation would identify wetlands on the site and allow the applicant to site the hermitages and other future 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. Variances The applicant would be required to meet the standards and requirements of the Development Code. If unable to meet requirements, then a variance would need to be requested from the city. 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, with the findings of the Planning Commission following. 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. The proposed reuse and redevelopment of the site is meant to help preserve the existing buildings and allow the site to blend in with the current rural character of this area of Scandia. The area is guided in the future land use map to remained zoned as AG C and GR, which p ermit this use by a CUP. By meeting the requirements of the Development Code, along with the Design Standards of the city, this conditional use would be in compliance with and would not have a negative effect on the Comprehensive Plan. 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. The CUP would be to permit a place of worship land use. The proposed use is a conditional use in the AG C, GR, and Shoreland overlay. The proposed use at this time would be contained within existing structures on the site; apart from some outside parking there would be no changes as part of this initial phase. The city can add conditions of approval to ensure the use is not to be detrimental to or endanger the public health, safety, morals or comfort of the city. 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. Utilizing the site for this proposed use should not result in any potential negative impacts to the use or enjoyment of properties in the immediate vicinity. The initial phase would result in remodeling existing structures on the site, which would have up to 8 users and staff people at one time. The proposed use is intended to be of a low intensity, similar with other institutional-like uses located throughout the city. The structures are not changing in location, so existing views will not be impacted. The city assessor noted that an unrestricted maximum capacity, certain hours of operation, days being open per week, visibility of buildings, increased road use, and exempt status causing a loss of tax base could impact property values in the city. The city can require conditions of approval to Bethany Center Staff Report March 15, 2022 Scandia City Council Page 6 mitigate these issues, such as limiting hours of operation, setting a maximum capacity of the chapel, and requiring screening. 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. The proposed uses on this site should not impede development of adjacent property for uses that are permitted in zoning districts around this property. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. The site already has access to required public facilities and services. 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. A ‘place of worship’ land use does not have use-specific standards or requirements to adhere to; though it must follow general standards and requirements that apply to all uses in the city. The setback and lot requirements for the applicable zones are already adhered to. The proposed site would have ample space to provide required and proposed parking. Any parking spaces would have to follow the applicable requirements of the Development Code. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. A ‘place of worship’ land use does not have use-specific standards or requirements to adhere to. The setback and lot requirements for the applicable zones would be adhered to, along with other general requirements of the Development Code. The initial phase under this request does not include any new buildings. Future improvements to the site would require an amendment to the CUP, and potential variances for approval if said improvements are unable to meet the requirements of the Development Code. ACTION REQUESTED The Scandia City Council can do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request RECOMMENDATION The Planning Commission recommended approval of a Conditional Use Permit for a Place of Worship land use, at 23393 Nolan Avenue North & 13519 240th Street North. The following conditions for the CUP are recommended: 1. The applicant is permitted to convert the existing house, barn, and granary on the site for a place of worship land use on the property, as proposed in the submitted plans. Bethany Center Staff Report March 15, 2022 Scandia City Council Page 7 2. Future proposed hermitages, and other site improvements, shall require an amendment to this Conditional Use Permit. 3. The applicant shall submit a final site plan to the City for review and approval prior to issuance of building permits, including the following information: a. Setbacks of existing and proposed structures and improvement on the site. b. Plans for new on-site septic, or confirmation from Washington County that the existing system is able to accommodate the proposed use. c. Location of new on-site wells, or confirmation from the Department of Health that the existing wells on-site can accommodate the proposed use. d. Plans for any signage, landscaping, and outdoor lighting on the site. Landscaping plans shall show screening of parking at 90% as viewed from neighboring dwellings. e. A grading plan and erosion control plan, showing any areas of soil disruption and locations of any trees to be removed or added. f. The first 50 feet of driveway from Nolan Avenue shall be paved. g. Detailed plans for the on-site parking on the site, with 20 stalls on-site. Said parking shall adhere to applicable requirements of the Development Code. Turn lanes, paved on-site parking areas, and a development agreement may be required as a part of future phases. h. Designs for the structures on-site, confirming that city design guidelines and requirements are met. 4. The applicant shall complete a delineation of the site for wetlands, and apply for and obtain any variances required because of the wetland delineation. 5. The proposed chapel shall host no more than 20 people at one time. 6. The applicant shall combine parcels that are under the same zoning designation. 7. The applicant shall secure any applicable permits from the Watershed District, and comply with their requirements. 8. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 9. The applicant shall pay all fees and escrows associated with this application.