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08.b2c Resolution No. 2022-12 Bethany Center CUP CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2022-12 APPROVING A CONDITIONAL USE PERMIT FOR PARCELS 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, AND 03.032.20.21.0004; LOCATED AT 23393 NOLAN AVENUE NORTH & 13519 240TH STREET NORTH WHEREAS, Roger Tomten, on behalf of the owners the Bethany Center for Prayer & Renewal, has made an application for a conditional use permit to permit a place of worship land use on parcels zoned AG C and GR, property identified as 23393 Nolan Avenue North & 13519 240th Street North; and WHEREAS, the property is legally described as follows: See Attachment A; and WHEREAS, the Planning Commission reviewed the request for a conditional use permit at a duly noticed Public Hearing on March 1, 2022, and recommended that the City Council approve the variances with conditions; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve a conditional use permit allowing a place of worship land use on parcels zoned AG C and GR, located at 23393 Nolan Avenue North & 13519 240th Street North, based on the following findings: 1. 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 permit 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 the Comprehensive Plan. 2. 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 public health, safety, morals or comfort of the city. 3. 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 CC Resolution No.: 2022-12 Page 2 of 3 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 mitigate these issues, such as limiting hours of operation, setting a maximum capacity of the chapel, and requiring screening. 4. 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. The site already has access to required public facilities and services. 6. A ‘place of worship’ land use does not have use-specific standards or requirements to adhere to; however, 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 presently 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. 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. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 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. 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. CC Resolution No.: 2022-12 Page 3 of 3 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. Adopted by the Scandia Planning Commission this 15th day of March, 2022. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Ken Cammilleri, City Administrator Attachment A Parcel ID 04.032.20.13.0001: ALL THAT PART OF THE SOUTHWEST ¼ OF THE NORTHEAST 1/4 OF SECTION 04, TOWNSHIP 032, RANGE 020 DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE QUARTER SECTION LINE A DISTANCE OF 22 RODS NORTH OF THE SW CORNER OF THE SOUTHWEST 1/4-NORTHEAST QUARTER ¼, THEN SOUTH ALONG SAID QUARTER SECTION LINE A DISTANCE OF 22 RODS TO THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE NE1/4, THEN EAST ALONG THE QUARTER SECTION LINE TO THE SOUTHEAST CORNER OF THE QUARTER SECTION LINE TO SAID SOUTHWEST ¼ OF THE NOTHEAST 1/4 THEN NORTH ALONG THE 1/16 SECTION LINE A DISTANCE OF 26 RODS, THENCE IN A STRAIGHT LINE IN A WESTERLY DIRECTION TO THE PLACE OF BEGINNING, EXCEPT THE REAL ESTATE DESCRIBED IN THE WARRANTY DEED DATED JANUARY 16, 1975, AND RECORDED JANUARY 20, 1976, AS DOCUMENT NUMBER 341352 OF WASHINGTON COUNTY RECORDS Parcel ID 04.032.20.41.0001: THE NORTHEAST ¼ OF THE SE1/4 OF SECTION 04, TOWNSHIP 032, RANGE 020, EXCEPT THE SOUTH 2 RODS THEREOF LYING EAST OF THE TOWN ROAD, ALSO EXCEPT THE PART LYING SOUTH & WEST OF THE TOWN ROAD, AND ALSO EXCEPT: REAL ESTATE DESCRIBED IN WARRANTY DEED DOCUMENT #438114 SUBJ TO EASEMENT EXCEPT:PT OF NE1/4-SE1/4 SD SEC 4 DESC AS FOLL: COMMENCING AT THE EAST QTR CORNER OF SAID SECTION 4, THEN 177 DEGREES 20'22" ON AN AZIMUTH FROM NORTH ALONG THE EAST LINE OF SAID SECTION 4 A DISTANCE OF 803.22 FEET TO THE POINT OF BEGINNING, THEN 297 DEGREES 52'51" A DISTANCE OF 566.24 FEET, THEN 274 DEGREES 17'12" A DISTANCE OF 174.72 FEET, THEN 227 DEG 20'33" A DIST OF 216.9 FEET, THEN 158 DEG 20'01" A DISTANCE OF 42.13 FEET, THEN 258 DEG 37'26" A DISTANCE OF 36 FEET ALONG A MEANDERING LINE TO THE CENTERLINE OF NOLAN AVE N, THEN SOUTHEASTERLY ALONG THE CENTERLINE OF NOLAN AVE N TO THE NORTH LINE OF THE PARCEL DESCRIBED ON DOCUMENT #438114, THEN NORTHEASTERLY ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID PARCEL (SAID NORTHEAST CORNER BEING ON THE EAST LINE OF SAID SECTION 4) THEN NORTHERLY ALONG THE EAST LINE OF SECTION 4 A DISTANCE OF 25 FEET TO THE POINT OF BEGINNING SUBJECT TO NOLAN AVENUE NORTH Parcel ID 0403220140001: THE SOUTHEAST ¼ OF THE NORTHEAST 1/4 OF SECTION 04, TOWNSHIP 032, RANGE 020 Parcel ID 0303220230001: THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 03, TOWNSHIP 032, RANGE 020 Parcel ID 03.032.20.22.0002 PART OF THE NORTHWEST ¼ OF THE NORTHWEST 1/4 OF SECTION 03, TOWNSHIP 032, RANGE 020, BEING EAST 360 FEET THEREOF Parcel ID 03.032.20.21.0004 PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 03, TOWNSHIP 032, RANGE 020, BEING W 100 FEET THEREOF