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HomeMy WebLinkAbout9.d. Minnesota Education Trust Comprehensive Plan Amendment, Rezoning and Conditional Use Permit applications to allow establishment of a church-place of worship EXECUTIVE SUMMARY City Council Meeting Date: September 15, 2015 AGENDA ITEM: Cases 15-29-CUP, 15-30-RZ & 15-31-CPA Minnesota Education Trust Comprehensive Plan Amendment, Rezoning and Conditional Use Permit applications to allow establishment of a church/place of worship. AGENDA SECTION: New Business PREPARED BY: Jason Lindahl, AICP Planner AGENDA NO. 9.d. ATTACHMENTS: Comprehensive Plan Amendment Resolution, Rezoning Ordinance, Conditional Use Permit Resolution, Draft Excerpt Minutes of the 8/25/15 Planning Commission, Site Map, Applicant’s Narrative, Survey, Floor Plan, Landscape and Lighting Plan, Elevations, Current and Proposed Land Use Map, Current and Proposed Zoning Map APPROVED BY: ddj RECOMMENDED ACTION: Staff recommends the City Council adopt the following three motions: 1. Motion to adopt a resolution approving a Comprehensive Plan Amendment changing the land use designation of the property located at 15400 South Robert Trail from RC – Regional Commercial to BP – Business Park, subject to approval of the Comprehensive Plan Amendment by the Metropolitan Council. 2. Motion to adopt an ordinance approving rezoning the property at 15400 South Robert Trail from C-4, General Commercial to BP-Business Park. 3. Motion to adopt a resolution approving conditional use permit (CUP) for 15400 South Robert Trail to allow establishment of a church/place of worship, subject to conditions. SUMMARY Applicant: Minnesota Education Trust Location: 15400 South Robert Trail – North of County Road 42, south of County Road 46 and East of Highway 3. Area in Acres: 3.8 Acres Comp. Guide Plan Design: RC – Regional Commercial Current Zoning: C-4, General Commercial The applicant, Minnesota Education Trust (MET), requests approval of a comprehensive plan amendment, rezoning, and conditional use permit to allow establishment of a church/place of worship for the property located at 15400 South Robert Trail (former City Limits bowling alley). Should the City approve the requests, MET intends to purchase the subject property and make it 2 available to the Muslim American Society of Minnesota for use as a Masjid (Arabic word for mosque) and community center. The Muslim American Society operates 3 other facilities in St. Paul, Inver Grove Heights, and Blaine. Both the Planning Commission and staff recommend approval of these requests. PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review this item on August 25, 2015 that produced no public comment. Staff summarized the application for the Commission and noted the BP – Business Park zoning allows the proposed church/place of worship use and associated uses on an occasional or periodic basis typical of other churches but would not permit a weekday school. The Commission asked questions of the applicant related to parking, building occupancy levels, and the need for a fire suppression system. The applicant acknowledged the existing parking would limit occupancy of the building and they could accept these restrictions including the requirements for bathrooms, fire exits, and a fire suppression system. Chairperson Miller asked the applicant if they will have any outdoor activities and if they had concerns about the adjacent railroad. The applicant said they do not anticipate outdoor activities and have other facilities next to railroad tracks and have not had issues. Commission Henrie stated he had concerns about traffic and wondered if the City Engineer could review the project traffic impacts. Finally, Chairperson Miller asked the applicant if they had concerns about the building’s existing non-conformities and requirements for future improvement. The applicant stated they understand the existing non-conformities and will plan to meet existing standards should they decided to make improvements in those areas which are deficient. The Commission then voted to recommend the City Council approve these applications with an additional condition asking for a traffic analysis. Since the Planning Commission meeting, the City Engineer reviewed the current access geometrics and staff asked the applicant about differing events at the property and the estimated number of participants. Based on expected trips to the site provided by the applicant, the traffic volumes to the 15400 site are similar to volumes reported by the Institute of Transportation Engineers (ITE) for church land use. Assuming 60% of the trips come from the north, ITE data can be used to project that 176 left turns into the site would be observed for the initial 8000 square foot (sf) development which is well within the allowance provided by MnDOT for a bypass lane. For the ultimate 23,000 sf development, left turn movements are projected to be 505 trips per day (using ITE information not the applicants’) which slightly exceeds the MnDOT threshold for a left turn lane. It is worth noting that for the previous land use as a bowling alley, ITE would project 460 trips per day and commercial uses, which are permitted uses, would result in higher ADT’s than either the bowling alley or church use. To our knowledge the bowling alley left turn movements did not create any backups along TH3. Also, the events at the church are to occur during non-peak traffic hours on TH3 which would further reduce the likelihood of backup issues occurring. Finally, the bypass lane is long at 150 feet which allows 15-car stacking, meaning that backups on the main line are not expected. Staff’s recommendation is to approve the project and listed applications with a conditional that prior to the Phase II expansion staff may require an additional traffic analysis should one be necessary based upon the operational experience of the upcoming year. Any recommendations concluded in the analysis would be required prior to issuance of a building permit for Phase II BACKGROUND The 22,891 square foot subject property was constructed in 1961 by George and Muriel Hammond as the Satellite Lanes bowling alley. In 2012, then owner AMF City Limits Lanes closed the bowling alley facility and began marketing the property. The property was purchased in February 2014 by John Zellmar. In November of 2014 the City changed the property’s future land use designation from CC 3 – Community Commercial to RC – Regional Commercial in cooperation with the new owner and as a result of the South Urban Gateway planning study. Since that time, the subject property has contained the owners landscaping business. According to the applicant’s plans, the building will be reconfigured in two phases (see attached floor plan). Phase One would begin immediately after purchasing the building and receiving a building permit. The internal work includes the prayer room, offices, and toilets in northern third of the building. Phase Two is planned for one year from the date of occupancy and includes build out of the remainder of the building to include a multipurpose room, kitchen, meeting rooms and additional toilets. The applicant’s narrative states they intend to use the subject property as a church/place of worship which includes the following activities: Friday prayers, daily prayers, Sunday school, community lectures, youth activities, weddings and community parties, food shelf, and free clinic. Staff recognizes that the primary use of the building as a church/place of worship and the site may also include the other uses listed by the applicant on an occasional or periodic basis typical of other churches/places of worship. When having initial conversations with the applicant, they expressed interest in having a school function during the weekdays. At that time, the applicant was informed that a school use is not permitted in the BP-Business Park zoning district. ISSUE ANALYSIS Legal Authority This application includes a comprehensive plan amendment, rezoning, and conditional use permit to allow establishment of a church/place of worship. Amendments to the Comprehensive Plan are considered legislative actions, meaning that the City is formulating public policy. The City may amend the Comprehensive Plan after a public hearing before the Planning Commission and a two-thirds majority vote by the City Council. These applications also require notification to the surrounding communities and approval by the Metropolitan Council. Rezoning and conditional use permit applications are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. Generally, if these applications meet the City’s established requirements they must be approved. Staff review of each application is provided below. Comprehensive Plan Amendment The City adopted the 2030 Comprehensive Plan in November 2009. This document includes the Land Use Map which details the future land use designations for each property in the community. Staff finds the proposal to re-guide the subject property from RC – Regional Commercial to BP – Business Park consistent with the overall goals and policies of the 2030 Comprehensive plan. A map illustrating the proposed land use change is attached for your reference. Specifically, staff finds the proposal consistent with the Comprehensive Plan's over-arching goals listed below. 1. Maintain a manageable and reasonable growth rate that does not adversely impact the delivery of services but allows the community to grow and become more diverse from now until 2030. 2. Promote commercial renewal and rehabilitation in the Downtown and along Highway 42 while accommodating new commercial development along appropriate transportation corridors such as Akron Avenue and County Highway 42; County Highway 46 and MN Highway 3; and County Highway 42 and US Highway 52. Staff also finds the proposed BP – Business Park classification consistent with the surrounding existing and future land uses, particularly the existing and planned Business Park uses to the east. The 4 existing and future land use designations of the surrounding parcels are detailed in the table below. Surrounding Existing & Future Land Use Designations Direction Existing Land Use Future Land Use Status North Commercial RC – Regional Community Conforming South Public/Institutional & Vacant Multi-Family Residential MDR – Medium Density Residential CC – Community Commercial RC – Regional Commercial Conforming East Vacant Business Park BP – Business Park Conforming West Commercial & Multi-Family Residential CC – Community Commercial MDR – Medium Density Residential HDR – High Density Residential Conforming According to the Comprehensive Plan, the primary intent of the Business Park district is to develop businesses with large numbers of employees in high quality buildings with the majority of the business activities occurring completely indoors. Typical uses include office; retail and office warehouses; research laboratories; distributors; or manufacturing but may also include churches, commercial indoor recreation, arenas, daycare centers, and athletic clubs. The Community of Hope Church currently operates under the BP – Business Park land use classification at 14401 Biscayne Avenue (corner of 145th Street West and Biscayne Avenue). State law requires local governments to inform surrounding communities of any comprehensive plan amendments and allow a 60 days comment period. The City distributed notice of the proposed comprehensive plan amendment to surrounding local governments on August 17, 2015. To date, the City has received responses from Apple Valley, Eagan, Inver Grove Heights, Lakeville, ISD 196, ISD 200 (Hastings), Empire Township and Nininger Township all which stated the proposed amendment is not anticipated to impact their jurisdiction and that no comments will be forthcoming. All comments received within the 60 day period will be included with the formal comprehensive plan amendment application to the Met Council. Rezoning There are four key criteria for the City to weigh when considering a rezoning request. These criteria and staff’s findings for each are outlined below. In this case, the applicant proposes to rezone the subject property from C-4, General Commercial to BP – Business Park to allow repurposing the building as a church/place of worship. A map illustrating the proposed zoning change is attached for your reference. Based on a review of these criteria, staff recommends approval of the rezoning proposal. Consistency with Comprehensive Plan. The proposed rezoning from C-4, General Commercial to BP – Business Park is consistent with the Comprehensive Plan. This is based on the City also approving the applicant’s comprehensive plan amendment request detailed above. According to the Comprehensive Plan, BP – Business Park is the appropriate zoning classification for properties guided BP – Business Park. This land use designation is intended to provide office; warehouses; or manufacturing uses but may also include churches, commercial indoor recreation, arenas, daycare centers, and athletic clubs. Compatibility with Present and Future Land Uses. The proposed rezoning is compatible with present and future land uses. The surrounding present and future land uses are detailed in the table above. The subject property is surrounded by commercial uses to the north, multifamily to the 5 south and west, and existing and planned Business Park uses to the east. In this case, rezoning the subject property to BP – Business Park would extend the existing Business Park district to the east allowing the church to serve as a transition between the residential and commercial uses to the west and the planned business park activity to the east. Additionally, the site is relatively isolated due to topography and location. While the rezoning extends the Business Park district westward, the presence of Hwy 3 and the steep grades on the site lead staff to believe that the District would not be expanded further, with the possible exception of the property to the north, should it redevelop. Conformance with New Zoning Standards. Generally, the subject property conforms to the zoning standards of the BP – Business Park zoning district. Churches/places of worship are allowed in this district as a conditional use and the existing building and parking meet the setback standards for this district. However; since the site was originally developed in 1961, it does not conform to all of the current Site and Building standards (architectural appearance, building massing, pedestrian circulation, landscaping, and underground utilities) which were added to this district in 2006. These items would be non-conforming under the existing or proposed zoning classification which means they are allowed to continue but cannot be expanded without meeting the current standards. Many of these criteria would also be considered non-conforming if the property remained commercially zoned. In other words the building and site development are generally non- conforming under existing or proposed zoning regardless of the use. Repurposing of this site as a church/place of worship necessitates review of the off street parking. The existing parking lot contains 210 stalls including 5 handicapped stalls. Parking standards for churches/places of worship require 1 stall for every 3 seats in the largest assembly room. As a result, staff recommends a condition of approval limit the occupancy of the largest room (the prayer room) to 630 people (210 existing parking stalls multiplied by 3 = 630 people). It should be noted that an occupancy load of more than 500 people will require an additional exit from this room. A site inspection of the parking lot found most of the parking stripes are faded and there is gravel and debris along the back (east side of the building). Staff recommends a condition of approval require the applicant to restripe the parking lot, remove the debris and replace the gravel section of the parking along the east side of the building with bituminous prior to issuance of a certificate of occupancy. Availability of Utilities. The existing building is connected to both City sewer and water facilities and will be required to maintain these connections. The applicant shall apply for both Water Availability Charge (WAC) and Sewer Availability Charge (SAC) determinations through the Metropolitan Council and pay any required fees prior to issuance of a building permit. Conditional Use Permit The purpose of conditional use permits is to allow for those uses which are not generally suitable by right within a given zoning district but may be suitable under some circumstances. The burden of demonstrating the proposed use meets the criteria for granting a conditional use permit and meeting all applicable standards lies with the applicant. The churches/places of worship is subject to the general CUP standards outlined in Section 11-10-7 as well as the standards specific to this use in Section 11-4-14.D. These standards evaluate the City’s land use and zoning performance standards and the potential impact of the proposed use on the surrounding neighborhood. These standards and staff findings for each are provided below. 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. 6 Finding: The proposed church/place of worship use will not be detrimental to the public health, safety, or general welfare of the neighborhood or the City of Rosemount. However, during a site inspection staff did notice the existing exterior lighting does not meet current requirements (see attached plan) for glare and the safety of patrons during night use. The site also has a large obsolete satellite dish at the northwest corner of the building. Staff recommends a condition of approval require the applicant update the exterior lights to conform with current requirements and remove the obsolete satellite dish equipment prior to issuance of a certificate of occupancy. 2. Will be harmonious with the objectives of the comprehensive plan and city code provisions. Finding: As detailed above, the proposed church/place of worship use is consistent with the proposed BP-Business Park land use and zoning classifications. Churches/places of worship are a conditional use in the BP – Business Park District and the existing building and parking meet district’s setback standards. However; the site does not comply with all of the district’s Site and Building standards (architectural appearance, building massing, pedestrian circulation, landscaping, and underground utilities) added in 2006. These items would be considered non-conforming under either the existing C-4 General Commercial or proposed BP–Business Park zoning classification. As such, under state law they are allowed to continue but shall not be expanded without meeting the current zoning standards. 3. Will be designed, constructed, operated, and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Finding: The existing building is constructed primarily of concrete block. The front (west) elevation is accented with both brick and wood siding. The applicant intends to paint the building and is considering adding windows to provide direct sunlight into meeting rooms planned for the second phase of the project. Section 11-4-15.G.1 requires the building have the same appearance and color on all four sides. Non-earth tone colors shall be limited to architectural accents and the color of the non-brick or stone portion of the building shall match the predominant brick or stone color. Should the applicant decide to paint the building, staff recommends a condition of approval require conformance with Section 11-4- 15.G.1 The applicant has submitted a landscape plan that adds 21 new trees and additional shrubs and plantings along the front (west) elevation. Staff recommends a condition of approval require the applicant to revise the landscape plan to focus landscape improvement along the south and west sides of the property. 4. Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems, and schools. Finding: No changes are proposed to the existing public facilities or grade of the site. The site has an existing trash enclosure that conforms to ordinance standards but may require minor repair or maintenance to function properly. 7 5. Will not involve uses, activities, processes, material equipment and conditions of operation that will be hazardous or detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. Finding: According to the applicant’s plans, the building will be reconfigured to include a prayer room, multipurpose room, kitchen, meeting rooms, and offices. The applicant’s narrative states they intend to use the subject property as a church/place of worship which includes the following activities: Friday prayers, daily prayers, Sunday school, community lectures, youth activities, weddings and community parties, food shelf and free clinic. Staff recognizes that the primary use of the building as a church/place of worship and the site may also include the other uses listed by the applicant on an occasional or periodic basis typical of other similar uses. It should be noted that the BP – Business Park zoning does not permit use of the subject property as a school. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. Finding: The subject property has an existing access to South Robert Trail (Highway 3) which provided adequate vehicle ingress and egress to past users of the site and the applicant has no plans to change this design. The City Engineer has reviewed the potential traffic generation and is comfortable that Phase I will not affect service levels on Hwy 3. A condition of approval allows the City to require a traffic review prior to issuance of a building permit for Phase II. 7. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. Finding: The proposed use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. 8. These standards apply in addition to specific conditions as may be applied throughout this code. Finding: According to Section 11-4-15.D, Churches and places of worship must have direct access to or be within three hundred feet (300') of a collector, minor arterial, or principal arterial road as identified in the comprehensive plan. The subject property has direct access to South Robert Trail (Highway 3) which is identified as a minor arterial road by the comprehensive plan. RECOMMENDATION Both the Planning Commission and staff recommend approval of a comprehensive plan amendment, rezoning and conditional use permit to allow establishment of a church/place of worship for the property located at 15400 South Robert Trail (former City Limits bowling alley) subject to the conditions. Should the City approve the requests, MET intends to purchase the subject property and make it available to the Muslim American Society of Minnesota for use as a Masjid (mosque) and community center. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2015 - A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT CHANGING THE FUTURE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT 15400 SOUTH ROBERT TRAIL FROM RC – REGIONAL COMMERCIALTO BP – BUSINESS PARK WHEREAS, the Community Development Department of the City of Rosemount received an application from the Minnesota Education Trust requesting a comprehensive plan amendment changing the future land use designation of the property located at 15400 South Robert Trail (herein after “the subject property”) and legally described as follows: PT OF NW 1/4 BEG PT 1381 FT S & 904.3 FT W OF NE COR BEING ON W R/W RR S 23D 30M W ON R/W 552 FT TO BEG S 23D 30M W ON R/W 557.2 FT W 54.7 FT S 23D 30M W 25.9 FT TO N LINE STH #218 N 36D 2M W 5.4 FT TO BEG OF COR NW & NE ON CUR (RA 599.67 FT) ON R/W LINE 710.3 FT S 66D 30M E 342 FT TO BEG WITH ESMNT WHEREAS, on August 25, 2015, the Planning Commission of the City of Rosemount held a public hearing and reviewed the Comprehensive Plan amendment changing the future land use designation for the subject property from RC – Regional Commercial to BP – Business Park; and WHEREAS, on August 25, 2015, the Planning Commission recommended that the City Council adopt an amendment to the Comprehensive Plan changing the land use designation for the subject property from RC – Regional Commercial to BP – Business Park; and WHEREAS, on September 15, 2015, the City Council of the City of Rosemount reviewed and agreed with the Planning Commission’s recommendations; and. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves an amendment to the Comprehensive Plan changing the land use designation for the subject property from RC – Regional Commercial to BP – Business Park, subject to the approval of the Comprehensive Plan Amendment by the Metropolitan Council. ADOPTED this 15 day of September, 2015, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Clarissa Handler, City Clerk City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE Minnesota Education Trust THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning Ordinance,” is hereby amended to rezone the property located at 15400 South Robert Trail from C- 4, General Commercial to BP – Business Park within the City of Rosemount legally described as follows: PT OF NW 1/4 BEG PT 1381 FT S & 904.3 FT W OF NE COR BEING ON W R/W RR S 23D 30M W ON R/W 552 FT TO BEG S 23D 30M W ON R/W 557.2 FT W 54.7 FT S 23D 30M W 25.9 FT TO N LINE STH #218 N 36D 2M W 5.4 FT TO BEG OF COR NW & NE ON CUR (RA 599.67 FT) ON R/W LINE 710.3 FT S 66D 30M E 342 FT TO BEG WITH ESMNT Section 2. The Zoning Map of the City of Rosemount, referred to and described in said Ordinance No. B as that certain map entitled “Zoning Map of the City of Rosemount,” shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk’s office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and all of the notation references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 15th day of September, 2015. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Clarissa Hadler, City Clerk Published in the Rosemount Town Pages this ______ day of _______________ , 2015. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2015- A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR 15400 SOUTH ROBERT TRAIL TO ALLOW ESTABLISHMENT OF A CHURCH/PLACE OF WORSHIP, SUBJECT TO CONDITIONS WHEREAS, the City of Rosemount received an application from the Minnesota Education Trust requesting a Conditional Use Permit (CUP) to allow establishment of a church/place of worship at 15400 South Robert Tail; and WHEREAS, on August 25, 2015, the Planning Commission of the City of Rosemount held a public hearing to review the CUP application allowing establishment of a church/place of worship and adopted a motion to recommend that the City Council approve this request, subject to conditions; and WHEREAS, on September 15, 2015, the City Council of the City of Rosemount reviewed and agreed with the Planning Commission’s recommendation to grant a conditional use permit allowing establishment of a church/place of worship at 15400 South Robert Trail. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves a Conditional Use Permit (CUP) allowing establishment of a church/place of worship at 15400 South Robert Trail, subject to the following conditions: 1. Approval of a Comprehensive Plan Amendment changing the land use designation of the property located at 15400 South Robert Trail from RC – Regional Commercial to BP – Business Park by the City of Rosemount and the Metropolitan Council. 2. Approval of rezoning the property at 15400 South Robert Trail from C-4, General Commercial to BP-Business Park by the City of Rosemount. 3. Approval of a building permit for each phase of construction (see attached floor plan, Exhibit A). 4. The conditional use permit allows the primary use of the building as a church/place of worship. The site may also be used for Friday prayers, daily prayers, Sunday school, community lectures, youth activities, weddings and community parties, food shelf and free clinic on an occasional or periodic basis typical of other churches/places of worship. The BP – Business Park zoning does not permit use of the subject property as a school. 5. The occupancy load of the building’s largest room (the prayer room) shall be limited to accommodate the parking requirements for churches/places of worship (1 stall/3 seats in the largest assembly room). As a result, occupancy of the largest room (the prayer room) shall be limited to 630 people (210 existing parking stalls multiplied by 3 = 630 people). It should be noted that an occupancy load of more than 500 people will require an additional exit from this room and additional restroom. RESOLUTION 2015- 2 6. The applicant shall restripe the parking lot, remove the debris and replace the gravel section of the parking along the east side of the building with bituminous prior to issuance of a certificate of occupancy. The parking lot shall include the required number and size of handicapped parking stalls. 7. The applicant shall apply for both Water Availability Charge (WAC) and Sewer Availability Charge (SAC) determinations through the Metropolitan Council and pay any required fees prior to issuance of a building permit. 8. The applicant shall update the exterior lights to conform to current requirements and remove the obsolete satellite dish equipment at the northwest corner of the building prior to issuance of a certificate of occupancy. 9. The subject property does not conform to some of the Site and Building standards of the BP – Business Park district (architectural appearance, building massing, pedestrian circulation, landscaping and underground utilities). Under state law these items are allowed to continue but shall not be expanded without meeting the current zoning standards. 10. Painting or other changes to the exterior of the building shall conform to the Architectural Appearance standards outlined in Section 11-4-15.G.1 which state the building shall have a similar appearance on all four sides. Non-earth tone colors shall be limited to architectural accents and the color of the non-brick or stone portion of the building shall match the predominant brick or stone color. 11. The applicant shall revise the landscape plan to meet the standards detailed in Section 11-6-3 of the City Code and focus landscape improvement along the south and west sides of the property. 12. The existing trash enclosure shall be operated and maintained in conformance with the standards outlined in Section 5-1-3. 13. The subject property shall comply with all the requirements of the Fire Marshal which may include installation of a fire suppression system. 14. During the Planning Commission review, Commissioners expressed concerns about potential traffic congestion associated with repurposing the subject property as a church/place of worship use. The City Engineer reviewed the proposed use and found the existing conditions acceptable for Phase One of the project. As part of the building permit for Phase Two, or any portion thereof, (see attached floor plan, Exhibit A), the applicant will be required to provide additional traffic information and/or analysis and construct any required improvements. RESOLUTION 2015- 3 ADOPTED this 15th day of September, 2015 by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Clarissa Handler, City Clerk Motion by: ___________ Second by: _______________________________. Voted in favor: _____________________________________________________ . Voted against: ____ . Member absent: ____ . F a x ( 7 6 3 ) 5 4 1 - 0 0 5 6 w w w . c l a r k - e n g . c o m 6 2 1 L i l a c D r i v e N o r t h M i n n e a p o l i s , M N ( 7 6 3 ) 5 4 5 - 9 1 9 6 5 5 4 2 2 - 4 6 0 9 EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING AUGUST 25, 2015 5.b. Request by Minnesota Education Trust for a Comprehensive Guide Plan Amendment, Rezoning, and Conditional Use Permit.(15-29-CUP, 15-30-RZ, 15-31-CPA) Planner Lindahl summarized the staff report for the Planning Commission. The item includes three applications; comprehensive guide plan amendment to reguide from Regional Commercial Use to Business Park use, rezoning to BP-Business Park, and conditional use permit to allow for church use. The property is located south of County Road 42 on Robert Street. The property was constructed as a bowling alley in 1961 and remained as such until 2012, when it was put up for sale. The land use was changed in 2014 to Regional Commercial. The application, Minnesota Education Trust, would make the property available to the Muslim American Society of Minnesota, who will operate a mosque on the property. The applicant plans to repurpose the property in two phases. Phase One would be the offices, a prayer room and restrooms. Phase Two would begin approximately one year from occupancy and include meeting rooms, kitchen facility and a multi-purpose room. The primary use of the property would be the conditional use as a church/place of worship. The other uses listed would be typical secondary uses of a church. Mr. Lindahl indicated that the change to the Comprehensive Plan requires notification to surrounding communities. The city received responses from the cities of Eagan, Apple Valley, Lakeville, and Nininger Township, as well as School Districts 196 and 200, none of which stated any concerns. The change to the Comprehensive Plan must also be approved by the Metropolitan Council. Mr. Lindahl explained the rezoning assessment criteria. He pointed out that the non-conforming items would continue to be non-conforming under either the existing or proposed zoning; including the building standards around architectural details, utilities, and pedestrian access, and the a pplicant does not have plans to change these. In addition, parking standards would create a maximum occupancy in the largest prayer room, and the applicant is aware of this. Mr. Lindahl explained the conditional use permit assessment criteria. Staff has asked the applicant to make some changes to improve the property to decrease the detriment to neighboring properties. The applicant does not plan any exterior facility improvements other than paint, landscaping and a few staff recommendations. Chair Miller inquired about whether the applicant could put up a fence between their property and the railroad or if this would trigger additional improvements to make the property conform with current standards. Mr. Lindahl responded fences are an administrative permit approval process and wouldn’t cause the applicant to make any additional improvements. Chair Miller asked if the property was purchased already. Mr. Lindahl stated he believed there was a purchase agreement Chair Miller asked about park ing and what the maximum occupancy would be. Lindahl stated this would be 630 people and would need a seating plan. An occupancy load relative to the square footage would also be in place. Commissioner Henrie stated he had concerns about traffic and there should be a traffic study conducted. Lindahl stated the City had discussions with MnDOT regarding access to sites along Highway 3 and the City Engineer could do their own analysis. Commissioner Kenninger asked about whether there would be a fire suppression system required. Mr. Lindahl stated the building code would generally require this based on the assembly use, but will be based on occupancy. Staff has had preliminary discussions with the architect and the applicant is aware of this. Commissioner Kenninger clarified that the parking determined the number of seats in the largest room, but there are two large rooms. Mr. Lindahl stated that the parking standard is based on the amount of seating of the largest room. However, the total occupancy of the entire building would be addressed through the building code. The layout of this building is similar to other churches, and staff has not noted parking issues at other churches. Commissioner Kenninger inquired if there were other properties available in the community that were already zoned correctly for this use. Mr. Lindahl indicated he did not know of other properties but the Commission could ask the applicant about their site search. Commissioner Freeman inquired about standard 5 regarding noise and whether the applicant planned to utilize the “call to prayer”. Lindahl stated that the city does have standards regarding noise that would prohibit noise being audible from neighboring properties. The applicant indicated they do not plan to have any outside noise/sound system. Commissioner Kenninger inquired about signage along the road or monuments. Mr. Lindahl stated there was an existing ground sign. Current standards require for a masonry sign, but these would only be in effect if the sign was expanded. Commissioner Forster inquired about lighting in the parking lot. Mr. Lindahl explained there is a requirement to improve that lighting on the exterior of the building. The public hearing was opened at 7:27 pm. Public comments: Dean Beeninga, Architect, 8501 Golden Valley Road, gave some background on the project. Asif Rahman, President of Minnesota Education Trust, introduced himself. Commissioner Miller asked of Mr. Beeninga about the age of the building and risks associated with the building improvements. Mr. Beeninga responded they have not researched this extensively at this point, but this is something the client should be aware of the possibility, though he didn’t expect to see much of this based on the structure. Commissioner Miller asked Mr. Rahman about parking issue and the typical attendance. Mr. Rahman stated a large festival recently drew approximately 200 people. Commissioner Forster inquired about the site being isolated and asked the applicant if he expect anyone to walk to service. Mr. Rahman stated most people drive. Commissioner Henrie inquired about the motivation for this particular property and rezoning versus a property that is already zoned properly. Mr. Rahman stated this was the only property that met their needs for budget and location after searching for a year. Commissioner Kenninger inquired what area they were looking at. Mr. Rahman stated that this is a Rosemount congregation. Commissioner Kenninger inquired if they had concerns about noise from the trains. Mr. Rahman stated they do have one other facility near train tracks and they have not had complaints. Commissioner Forster inquired about replacement of rooftop units and whether they would need to be screened. Mr. Beeninga stated he believed the existing units are in good condition and they are already screened. They would probably simply add units if needed. Mr. Lindahl stated he als o recalls existing screening, but staff can confirm this as the process moves forward. The addition of units would require them to be screened, but would not trigger the other standards for improvements to the exterior of the building. MOTION by Kenninger to close the public hearing. Second by Kurle. Ayes: 6. Nays: 0. Motion Passes. The public hearing was closed at 7:41 pm. Additional Comments: Commissioner Forester inquired if adding egress would trigger architectural improvements. Lindahl stated it would not. Chair Miller inquired if staff had provided information to the applicant about credits that might be available for mechanical improvements. 1. Motion by Kenninger to recommend the City Council approve a Comprehensive Plan Amendment changing the future land use designation of the property located at 15400 South Robert Trail from RC – Regional Commercial to BP – Business Park, subject to approval of the Comprehensive Plan Amendment by the Metropolitan Council. Second by Henrie Ayes: 6. Nays: 0. Motion passes. 2. Motion by Kenninger to recommend the City Council approve rezone the property at 15400 South Robert Trail from C-4, General Commercial to BP-Business Park subject to approval of a comprehensive plan amendment by the City and Metropolitan Council. Second by Henrie Ayes: 6. Nays: 0. Motion passes. 3. Motion by Kurle to recommend the City Council approve a conditional use permit (CUP) for 15400 South Robert Trail to allow establishment of a church/place of worship, subject to conditions A-J with the additional recommendation that City Council recommends a tra ffic study. A. The conditional use permit allows the primary use of the building as a church/place of worship. The site may also be used for Friday prayers, daily prayers, Sunday school, community lectures, youth activities, weddings and community parties, food shelf and free clinic on an occasional or periodic basis typical of other churches/places of worship. The BP – Business Park zoning does not permit use of the subject property as a school. B. The occupancy load of the building’s largest room (the prayer room) shall be limited to accommodate the parking requirements for churches/places of worship (1 stall/3 seats in the largest assembly room). As a result, occupancy of the largest room (the prayer room) shall be limited to 630 people (210 existing parking stalls multiplied by 3 = 630 people). It should be noted that an occupancy load of more than 500 people will require an additional exit from this room and additional restroom. C. The applicant shall restripe the parking lot, remove the debris and replace the gravel section of the parking along the east side of the building with bituminous prior to issuance of a certificate of occupancy. The parking lot shall include the required number and size of handicapped parking stalls. D. The applicant shall apply for both Water Availability Charge (WAC) and Sewer Availability Charge (SAC) determinations through the Metropolitan Council and pay any required fees prior to issuance of a building permit. E. The applicant shall update the exterior lights to conform to current requirements and remove the obsolete satellite dish equipment at the northwest corner of the building prior to issuance of a certificate of occupancy. F. The subject property does not conform to some of the Site and Building standards of the BP – Business Park district (architectural appearance, building massing, pedestrian circulation, landscaping and underground utilities). Under state law these items are allowed to continue but shall not be expanded without meeting the current zoning standards. G. Painting or changes to the exterior of the building shall conform to the Architectural Appearance standards outlined in Section 11-4-15.G.1 which state the building shall have a similar appearance on all four sides. Non-earth tone colors shall be limited to architectural accents and the color of the non-brick or stone portion of the building shall match the predominant brick or stone color. H. The applicant shall revise the landscape plan to meet the standards detailed in Section 11-6- 3 of the City Code and focus landscape improvement along the south and west sides of the property. I. The existing trash enclosure shall be operated and maintained in conformance with the standards outlined in Section 5-1-3. J. The subject property shall comply with all the requirements of the Fire Marshal which may include installation of a fire suppression system. K. The City Council review possible traffic congestion studies on Highway 3 with the addition of this place of worship. Second by Kenninger Ayes: 6. Nays: 0. Motion passes. MINNESOTA EDUCATION TRUST 15400 ROBERT TRAIL SOUTH ROSEMOUNT, MN 55068 NORTH From:MET Waqf To:Lindahl, Jason; Lindquist, Kim Cc:Joe Anton; Dean S. Beeninga Subject:Re: 15400 South Robert Trail Date:Thursday, August 20, 2015 10:34:05 AM Dear Mr. Lindahl As a further clarification, MET intends to start the phase one construction as soon as we purchase the building. MET hopes to start the phase two construction one year from the date of occupancy. Thanks. On Aug 18, 2015, at 10:30 AM, MET Waqf <metwaqf@yahoo.com> wrote: > Dear Mr. Lindahl > > Further to your conversation with the Imam last week, we send this email to describe our project. > > Minnesota Education Trust requests a Conditional Use Permit for the facility at 15400 South Robert Trail to be used as a Masjid and Community Center. Minnesota Education Trust proposes to purchase this facility and make it available to the Muslim American Society of Minnesota under an Islamic Waqf agreement (similar to a land conservation agreement). > > The Muslim American Society of Minnesota, was established in 2003. MASMN serves a large cross section of Muslims in the state of Minnesota. MASMN operates community centers, weekend schools, women and adult educational programs, > youth programs, food shelves and advocacy programs. > > The mission of MASMN is "To move people to strive for God consciousness, liberty, and justice and to convey Islam with utmost clarity. The vision statement of MASMN is "A virtuous and just American society." > > Some of the activities of MASMN are as follows. > 1. MASMN operates several Masjids / Islamic Centers in Minnesota. > 2. MASMN organizes the Muslim community to meet with their legislators and advocate for the needs of all citizens as part of the Muslim Day at the Capitol. > 3. MASMN organizes Summer Camps each year. > 4. MASMN periodically offers a broad range of Workshops, Seminars and events to empower people with full understanding of relevant themes & concepts and acquire mastery of important skills (for example, leadership, political activism, and media skills). > 5. MASMN holds an annual Convention. Guests at prior events include US Vice President Walter Mondale, MN Governor Mark Dayton, US Senator Amy Klobuchar, US Senator Al Franken, Congressman Keith Ellison and many others. > 6. MASMN is a founding partner of the Iman-Rabbi Round-Table. An organization leading interfaith efforts in MN between the Jewish and Muslim communities. > 7. MASMN in partnership with the MN Council of Churches holds the annual Taking Heart program to bring Christians and Muslims together to get to know each other over a meal and conversation during Ramadan. > > Upon approval of the Conditional Use Permit, MASMN hopes to use the facility at 15400 South Robert Trail for the following functions: > 1. Friday Prayers > 2. Daily prayers > 3. Sunday School > 4. Community Lectures > 5. Youth activities (eg. basketball, table tennis) > 6. Ramadan Iftar and Prayers > 7. Weddings and other community parties > 8. Foodshelf > 9. Free clinic > > Thank you for your kind consideration > > Dr. Asif Rahman > President > Minnesota Education Trust F a x ( 7 6 3 ) 5 4 1 - 0 0 5 6 w w w . c l a r k - e n g . c o m 6 2 1 L i l a c D r i v e N o r t h M i n n e a p o l i s , M N ( 7 6 3 ) 5 4 5 - 9 1 9 6 5 5 4 2 2 - 4 6 0 9 MINNESOTA EDUCATION TRUST 15400 ROBERT TRAIL SOUTH ROSEMOUNT, MN 55068 AUGUST 5, 2015 15 EXISTING TREES 21 PROPOSED NEW TREES 8 EXISTING EXTERIOR LIGHTS 3 NEW POLE LIGHTS REMOVE EXISTING CONCRETE WALKWAY REPLACE WITH SCRUBS AND PLANTINGS 210 PARKING SPACES TO REMAIN NEW SIGN FACE TO EXISTING BASE AND FRAME WALL LIGHTS CANOPY LIGHTS POLE LIGHT POLE LIGHT EXISTING DRAINAGE PATH TO REMAIN 210 PARKING SPACES - UNCHANGED NORTH SITE PLAN ATSR 5 HDCP PARKING ACCESSIBLE ENTRANCE 4- 2” autumn blaze maple trees 3- 2” swamp white oak trees 3- 2” autumn blaze maple trees 4- 2” swamp white oak trees 3- 2” Japanese tree lilac Shrubs: Dwarf European Viburnum Broadmoor Juniper Cabernet Barberry Spirea Var. 4- 2” Japanese tree lilac O P T I O N A L W I N D O W ROSEMOUNT BUILDING ( T E X T T O B E D E T E R M I N E D ) C A N A D A A V E CH E R R Y P A T H LOWER 150TH ST W C A R R O U S E L W A Y B O U L D E R A VE C H I L I C T CA M F I E L D C I R 151ST ST W S R O B E R T T R L (S T H 3 ) 153RD ST W CHERRY P A T H CH I P P E N D A L E A V E 1 5 6 T H S T W B O U L D E R C T G±WX ?§A@ G±WX ?§A@ C A N A D A A V E CH E R R Y P A T H LOWER 150TH ST W C A R R O U S E L W A Y B O U L D E R A VE C H I L I C T C H O R L E Y A V E W CA M F I E L D C I R CH A R L S T O N A V E 151ST ST W S R O B E R T T R L (S T H 3 ) CI M A R R O N C T C H E S T N U T CH O K E C H E R R Y A V E CH E V E L L E CT N 153RD ST W UPP ER 149THSTW CHERRY P A T H CH I P P E N D A L E A V E CH O K E C H E R R Y A V E 1 5 6 T H S T W B O U L D E R C T RR - Rural ResidentialR1 - Low Density ResidentialR1A - Low Density ResidentialR2 - Moderate Density Residential R3 - Medium Density ResidentialR4 - High Density ResidentialC1 - Convenience CommercialDT - Downtown District C3 - Highway Service CommercialC4 - General CommercialBP - Business ParkIP - Industrial Park GI - General IndustrialHI - Heavy IndustrialAGP - Agricultural PreserveAG - Agricultural PI - Public/InstitutionalFP - Flood PlainWM - Waste ManagementW - WaterROW - Right-of-Way Minnesota Education TrustRezoning Current Zoning Proposed Zoning Document Path: T:\GIS\City\Maps\Departmental Maps\CommunityDevelopment\15-30RZ\15-30RZ.mxd RR - Rural ResidentialR1 - Low Density ResidentialR1A - Low Density ResidentialR2 - Moderate Density Residential R3 - Medium Density ResidentialR4 - High Density ResidentialC1 - Convenience CommercialDT - Downtown District C3 - Highway Service CommercialC4 - General CommercialBP - Business ParkIP - Industrial Park GI - General IndustrialHI - Heavy IndustrialAGP - Agricultural PreserveAG - Agricultural PI - Public/InstitutionalFP - Flood PlainWM - Waste ManagementW - WaterROW - Right-of-Way Minnesota Education TrustRezoning C A N A D A A V E C H E R R Y P A T H LO WER 150TH ST W C A R R O U S E L W A Y B O U L D E R A VE C H I L I C T C A M F I E L D C I R 151ST ST W S R O B E R T T R L (S T H 3 ) 153RD ST W U PPER 149THSTW C H E R R Y P A T H C H I P P E N D A L E A V E B O ULD E R CT G±WX ?§A@ G±WX ?§A@ C A N A D A A V E C H E R R Y P A T H LOWER 150TH ST W C A R R O U S E L W A Y B O U L D E R A VE C H I L I C T C H O R L E Y A V E W C A M F I E L D C I R C H A R L S T O N A V E 151ST ST W S R O B E R T T R L (S T H 3 ) CI M A R R O N C T C H E S T N U T C H O K E C H E R R Y A V E C H E V E L L E C T N 153RD ST W UPP ER 149THSTW C H E R R Y P A T H C H I P P E N D A L E A V E C H O K E C H E R R Y A V E 1 5 6 T H S T W B O U L D E R C T AG Agriculture DT Downtown NC Neighborhood Commercial RC Regional Commercial CC Community Commercial AGR Agricultural Research RR Rural Residential LDR Low Density Residential TR Transitional Residential MDR Medium Density Residential HDR High Density Residential PI Public/Institutional PO Existing Parks/Open Space BP Business Park LI Light Industrial GI General Industrial WM Waste Management AG Agriculture DT Downtown NC Neighborhood Commercial RC Regional Commercial CC Community Commercial AGR Agricultural Research RR Rural Residential LDR Low Density Residential TR Transitional Residential MDR Medium Density Residential HDR High Density Residential PI Public/Institutional PO Existing Parks/Open Space BP Business Park LI Light Industrial GI General Industrial WM Waste Management Minnesota Education TrustComprehensive Plan Amendment Current Future Land Use Proposed Future Land Use Document Path: T:\GIS\City\Maps\Departmental Maps\CommunityDevelopment\Planning File 15-31-CPA\15-31-CPA.mxd Minnesota Education TrustComprehensive Plan Amendment