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HomeMy WebLinkAbout9.a. Request to Add Churchs and Place of Worship as a Conditional Use within the RR: Rural Residential Zoning District, Case 10-11-AMD4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: April 20, 2010 AGENDA ITEM: Case 10 -07 -TA Request to Add Churches and Place of Worship as a Conditional Use AGENDA SECTION: within the RR: Rural Residential Zoning New Business District PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. ATTACHMENTS: Ordinance; Zoning Map; Comprehensive APPROVED BY: Plan Map; Text Amendment Application with Attachments; Excerpt of March 23 Planning Commission Minutes; Anonymous Letter to City Council; E -Mail to City Council from Matt McDonald; Staff Responses to the Correspondence Did RECOMMENDED ACTION: Motion to approve an Ordinance to add Churches as a Conditional Use within the RR: Rural Residential Zoning District ISSUE Cedarwood Church is looking for a site to move their church to. Currently, Cedarwood is meeting in a temporary space in a school in Eagan. Cedarwood has identified the Lenny's Landscape site at the southeast corner of Biscayne Avenue and South Robert Trail. The Lenny's Landscaping site is zoned RR: Rural Residential which does not allow churches. To allow a church use on this site, Cedarwood has applied for a Zoning Ordinance text amendment to add churches and places of worship to the list of conditional uses in the RR: Rural Residential zoning district. MARCH 23 PLANNING COMMISSION MEETING The Planning Commission conducted a public hearing for the text amendment request during their March 23 meeting. Four residents spoke during the public hearing, three requesting the denial of the text amendment and the fourth with concerns about possible assessments for sewer and water if extended. The concerns expressed by the residents were about traffic and road conditions, if the church would require sewer and water to be extended to their neighborhood, the intensity of the use, and trespassing by members of the church or their children onto the neighbors' properties. It was discussed that the restriction on the location of churches within 500 feet of an arterial road was intended to limit the traffic and road condition concerns, that the construction of a church would not require the installation of sewer and water to the neighborhood, that restrictions in the text amendment places limits on uses of the church site, and that the City has existing mechanisms to enforce trespassing violations. Following the public hearing, Commissioner Messner stated that he was supportive of the text amendment with the provided restrictions to address and limit the concerns raised by the residents. Commissioner Irving stated that due to the restrictions within the text amendment he does not believe that churches would negatively affect the rural residential neighborhood or the resident's way of living. The text amendment with the four restrictions was recommended for approval by the City Council unanimously. CORRESPONDENCE FROM RESIDENTS The City has received correspondence from Rosemount residents since the March 23 Planning Commission meeting. The first was an unsigned letter received on April 5 and the second was an e- mail from Matt McDonald on April 12. The correspondence is attached to this Executive Summary. Staff has also attached responses to the concerns raised in these letters. BACKGROUND Cedarwood Church is a congregation that currently meets in groups of 50 people or less in a temporary location in a school in Eagan. Cedarwood is looking to find a permanent home for their congregation to include a ministry center that can accommodate up to 225 people. Cedarwood has a purchase agreement on the Lenny's Landscaping property at the southeast corner of Biscayne Avenue and South Robert Trail contingent on Cedarwood getting City approvals for a church in that location. The Lenny's Landscaping site is zoned RR: Rural Residential which does not presently allow churches. Cedarwood is requesting a Zoning Ordinance text amendment which would allow churches under the same conditions as churches are allowed within the urban residential zoning districts. If this text amendment is approved, then Cedarwood would apply for a Conditional Use Permit to move its ministry to the Lenny's Landscaping site. Tonight's review is not how Cedarwood Church would operate at the Lenny's Landscaping site, but it is for review and consideration of the RR: Rural Residential zoning district and if a use with the intensity of a church would be acceptable in that district. A zoning ordinance text amendment application allows the City Council the most discretion in making its decision. A text amendment is a legislative decision, meaning that the City Council can consider the request based on the intent of the district as described within the Comprehensive Plan and simply state that the proposed text amendment is or is not consistent with the intent of the district. If it is determined that churches are an acceptable conditional use, the future review of a Conditional Use Permit would be quasi - judicial action which allows the City Council less discretion. In this instance there would be an inherent assumption that the requested use is acceptable in the zoning district and that the City Council would review under what conditions or standards the use would be found acceptable. It is difficult to outright deny a permit in which the use is specifically listed as a conditional use unless the application does not comply with stated ordinance conditions or restrictions. Therefore, the City Council should carefully consider if churches are a complementary use to existing uses in the RR: Rural Residential zoning district. If it is determined that they are, what are the appropriate conditions or restrictions to be included in the ordinance so that a church operation would not adversely affect the other permitted and conditional uses currently allowed within the RR district. 2 The City Council should determine three things when considering this request: first, what is the intent of the RR: Rural Residential zoning district; second, are churches compatible within the intent of the RR district; and third, are there any specific conditions or standards that churches would need to meet to be located within the RR district. In the Comprehensive Plan, the RR: Rural Residential zoning district is intended to cover two different Comprehensive Plan designations, the RR: Rural Residential and the TR: Transitional Residential designations. The purpose of the RR: Rural Residential designation is a low intensity residential district intended for a an overall density of less than one house per five acres and may include some limited agriculture such as hobby farms or horses. The purpose of the TR: Transitional Residential designation is slightly different in that the rural zoning district is used to limit the further development of the neighborhoods that are about one acre lots within individual wells and septic systems. The City has a plan to provide the TR designated areas with sewer and water, but it was stated during the Comprehensive Plan meetings that sewer and water would not be provided unless the neighborhood petitions the City for it or there are failures with the individual septic systems that cause a public health concern. Until either situation would occur, it is anticipated that the zoning in the TR designation would be maintained as RR: Rural Residential zoning. When considering churches in the RR zoning district, the Planning Commission should consider if churches would be acceptable in both the RR and TR Comprehensive Plan designations or only in one of them. Churches are a unique use that normally would be classified as institutional. Churches are normally quiet neighbors and commonly are vacant for the majority of the week but they can be very intense uses during their weekly services. Churches can also be moderately intense if they provide daily services, but often they last only a couple of hours and are not as intense as the weekend services typically held on Sunday mornings. In urban residential districts, the City has found that churches can be valuable members of the community and compatible neighbors if their traffic, architecture, landscaping, and setbacks are addressed properly. The Planning Commission will need to consider if this also applies to the rural residential neighborhoods or is the intensity and scale of churches too large to be compatible neighbors in the rural area. It is not unknown for churches to be located in rural areas. The existing Rich Valley Lutheran Church on the northwest corner of Blaine Avenue and County Road 42 has a number of rural neighbors. It should be noted however, that Rich Valley Lutheran Church was a pre - existing land use on the property before the City incorporated and adopted a Zoning Ordinance. There are a number of other examples in other cities of rural churches but often urban development eventually surrounds these churches. Churches have impacts that are greater than a typical residential property, particularly greater than the low density of a rural residential property. During the times of their services, churches can require a large number of parking stalls and generate a large amount of traffic. Also, the scale and size of a church may be out of character of the rural setting if not designed correctly. In addition, churches commonly request ancillary uses (uses that have some synergy with the principal use but are not required for the principal use to function) such as daycares or schools that can use the church space when the church is not conducting services, but these ancillary uses increase the intensity of the use over a longer periods of the week. Conditions and restrictions should be considered to address these issues if the City Council were to approve the addition of the churches to the RR zoning district. 4a Cedarwood Church requests that the same conditional use language for churches from the urban residential zones be used for RR: Rural Residential zoning district. The following section describes this language and its impacts. Urban Residential Zoning Districts Churches and ancillary uses within churches are conditional uses within the urban residential zones (R -1; R -1A; R -2; R -3; and R -4). The exact language within those zoning districts is as follows: Churches and places of worship regardless of religious affiliation. Churches and places of worship must have direct access to or be within three (300) feet of a collector, minor arterial or principal arterial street. Child daycare, Montessori schools, and nurseries, within churches, places of worship, and elementary and secondary educational institutions. Cedarwood church requests that only the church language is added to the RR zoning district, not the language for daycares, schools, or nurseries. Planning Commission and Staff Recommendation Staff feels that churches can be acceptable neighbors within the rural residential neighbors under specific standards. Staff would not be equally supportive of uses that would provide greater intensity over long periods of time, such as group homes serving more than 6 residents because that greater intensity would be experienced seven days a week, 24 hours a day. Churches typically have their greatest intensity on Sunday mornings for only about four hours. Staff recommends the following language if the Planning Commission believes that churches are acceptable in the rural residential neighborhoods: D. Conditional Uses: Churches and places of worship regardless of religious affiliation subject to the following restrictions: 1. The property is designated "TR: Transitional Residential" within the City's adopted Comprehensive Plan. 2. The property must have direct access onto an arterial street or access to a local street within five hundred (500) feet of the local street's intersection with an arterial street. 3. No ancillary uses, including but not limited to daycare, Montessori schools, and nurseries occurring separately from the religious service, are allowed at the church or place of worship. 4. Site and building standards for a church or place of worship shall be greater than the surrounding residences to mitigate the greater scale and intensity of this use. Site and building standards in Section 11 -4 -14 G 1 and 3 through 7 shall apply. 5. Landscaping standards for a church or place of worship shall be greater than the surrounding residences to mitigate the greater scale and intensity of this use and may require extensive boundary and foundation plantings to buffer the surrounding residences. The minimum landscaping requirement for churches and places of worship shall be the standards of the C -4: General Commercial zoning district. 6. The maximum lot coverage for churches and places of worship shall be thirty percent (30 %). 2 The first restriction would limit churches only to the TR: Transitional Residential designation which could be served with sewer and water in the future. There are currently a number of neighborhoods with lots approximately one acre in size that are designated TR. This restriction would prohibit churches from the area guided RR: Rural Residential which is intended to be a density less than one house per five acres for the foreseeable future. The second restriction would limit the location of churches to close proximity to an arterial street. This restriction coupled with the first condition would limit church uses to those properties located just east of South Robert Trail and north of Bonaire Path. The purpose of this restriction is to limit the disturbance of the surrounding neighborhood from the church traffic. The 500 foot provision is to clarify that the church must have an access to a local street within 500 feet of an intersection of South Robert Trail. With the railroad tracks on the east side of South Robert Trail, there are a number of parcels that may be within 300 or 500 feet of South Robert Trail but would require traffic to travel nearly a mile on Biscayne Avenue or 130`!' Street before connecting onto South Robert Trail. Five hundred feet was chosen over the previous 300 feet because the City does not want to encourage accesses too close to existing intersections with South Robert Trail that may cause back- ups or delays on South Robert Trail. In the case of Larry's Landscaping site, engineering staff would recommend a minimum 200 foot separation between the railroad tracks and any church access to provide for stacking distance and adequate length for a median if required in the future. In addition, the railroad tracks are located 105 feet from South Robert Trail which would require a minimum of 305 feet from an access location to Larry's Landscaping and the intersection of Biscayne Avenue and South Robert Trail. The third restriction would clarify that no ancillary uses, such as daycares or schools occurring separate from the religious service, would be allowed at a church in the RR: Rural Residential zoning. Cedarwood Church has not requested any language to allow ancillary uses, but staff would recommend code language that clearly identifies that ancillary uses are not permitted. The intent of this restriction is to limit the intensity and duration of uses in the church building to provide a development more in keeping with the intentions of a rural residential neighborhood. This restriction is not intended to prohibit activities such as Sunday Schools or daycare or babysitting services provided at the same time or directly before or after a religious service. This restriction is intended to prohibit the operation of a private daycare service or Montessori school that would operate for several hours every weekday and is not direct associated with a religious services. The fourth restriction would require a greater level of architecture and site design that would be required of the typical rural residence. The purpose of this restriction is to mitigate the impacts that arise from the greater scale and intensity that a church or place of worship, particularly ones designed for 200 congregates or greater, than the surrounding rural residences. The standards required are based on those from the C -4: General Commercial zoning district which requires masonry building materials and greater planning and softening of the large parking areas. The one C -4 standard that is not required would be to articulate building facades that are greater than 100 feet. This articulation standard works well in retail commercial sites where individual lease spaces are often 30 feet or less in width but the articulation does not work well for institutional uses like churches that require large, open spaces which can be larger than 100 feet in length and width. 5 The fifth restriction would require landscaping to buffer the surrounding residents from the greater scale and intensity of a church or place of worship. The C -4 landscaping standards would provide a minimum level of landscaping to include landscaping in the parking lots, at the building foundation, and along the boundaries of the property that is not require of other uses allowed within the RR zoning district. The sixth restriction would place a limit on the surface coverage of a lot occupied by a church or place of worship to thirty percent (30 0/6), the same lot coverage limitation as churches in R -1 zoning districts. The RR zoning district does not have a specific lot coverage limitation since other limitations such as the maximum aggregate size of accessory buildings maintain a relatively low intensity development. This restriction would serve to limit the intensity of a church site while recognizing that church lots would be more intensely developed than many other uses allowed in the RR district. Additional conditions and restrictions can be considered on a case by case basis through the Conditional Use Permit approval. The Zoning Ordinance's provision for Conditional Use Permit require the review and condition regarding the architecture, buffering, parking, and traffic of an actual church design. RECOMMENDATION Staff recommends that the City Council approve a motion to add churches as a conditional use within the RR: Rural Residential zoning district with the four enumerated restrictions. If the City Council does not believe that churches are acceptable use in the RR zoning district, then a simple finding that churches are a more intense use than the RR zoning district is intended for would be sufficient grounds for denial. City of Rosemount Ordinance No. B- 205 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO THE ADDITION OF CHURCHES AND PLACES OF WORSHIP AS CONDITIONAL USES WITHIN THE RR: RURAL RESIDENTIAL ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11 -4 -3 D. is amended to add the follow Conditional Use: Churches and places of worship regardless of religious affiliation subject to the following restrictions: 1. The property is designated "TR: Transitional Residential" within the City's adopted Comprehensive Plan. 2. The property must have direct access onto an arterial street or access to a local street within five hundred (500) feet of the local street's intersection with an arterial street. 3. No ancillary uses, including but not limited to daycare, Montessori schools, and nurseries occurring separately from the religious service, are allowed at the church or place of worship. 4. Site and building standards for a church or place of worship shall be greater than the surrounding residences to mitigate the greater scale and intensity of this use. Site and building standards in Section 11 -4 -14 G 1 and 3 through 7 shall apply. 5. Landscaping standards for a church or place of worship shall be greater than the surrounding residences to mitigate the greater scale and intensity of this use and may require extensive boundary and foundation plantings to buffer the surrounding residences. The minimum landscaping requirement for churches and places of worship shall be the standards of the C -4: General Commercial zoning district. 6. The maximum lot coverage for churches and places of worship shall be thirty percent (30 %). Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 20`h day of April, 2010. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of , 2010. lr and 2L Jt 9i • r. C7 O O CJ IL go IO ri K r 0 A20D y B3� 3 A � - = 3 u NO 3 o� a mBP -xNa ' � o =qD� •� sssv� ` 000�a g S N i { •ti i � �� J Q ' Y � i I t � ' { ol y, N ' I I 1 . O ' C!7 i � O i s Cl i L c� T G Ao 4"ROStMOUNT COMMUNITY DEVELOPMENT Rose unt City Ha 2876145 TH Street" Rosemount, MN 55 651- 423 -4411 651 - 423 -4424 (FAX) revised Q 92- ZONING ORDINANCE TEXT AMENDMENT APPLICATION IEB 1 9 2010 Cedarwood Church 612- 414 -4762 Name of Applicant (to be used on legal documents) Telephone No. 14130 Cobbler Avenue Rosemount, MN 55068 651- 423 -5011 Address of Applicant Fax No. msberg @frontiernet.net Email Address of Applicant STATUS OF APPLICANT: Owner Buyer Lessee Other LOCATION: Lot: Block , Addition Street Address: 12139 Biscayne Avenue W Metes & Bounds Description Attached: Two lots attached Survey or Plot Plan Attached: attached Affected Sections(s): 17- 115 -19 and 16- 115 -19 REASON FOR REQUEST: 1. To add the followinq Text Amendment to Citv Code 11 -4 -3: RR RURAL RESIDENTIAL DISTRICT under B. Conditional uses see exhibit "A" for the actual text amendment. 2. To allow churches of any faith to petition the city for a Conditional Use Permit on land designated in a Rural Residential District 3. The land in question is currently a Landscaping business and is ideally located Date: Febraury 19, 2010 $ 1800.00 Fee: $1,800.00 S' nature of App scant Received By Single- family detached dwellings, subject to section 11 -2 -15 of this title. (Ord. B -96, 12 -2 -1997; amd. Ord. B -153, 4 -1 -2005) C. Accessory Uses: Construction office, temporary. Gazebos and screened porches. Home occupations, subject to section 11 -2 -16 of this title. Private detached garages. Private outdoor recreation, customarily associated with a residence. Swimming pools subject to section 5 -3 -1 of this code. Recreation vehicle storage, subject to section 8 -2 -5 of this code. Roomers, a maximum of two (2) per dwelling unit. Sales office, temporary. Satellite dishes and solar collectors, subject to section 11 -2 -12 of this title. (Ord. B -96, 12 -2- 1997; amd. Ord. B -141, 7 -20 -2004; Ord. B-145,11-3-2004) D. Conditional Uses: Text Amendment Insertion: Churches and Places of worship regardless of religious affiliation. Churches and places of worshia must-have direct access to or be within three hundred feet(300') of a collector, minor arterial or principal arterial street. Commercial greenhouses and landscape nurseries. Golf courses, including accessory and related uses. Kennels, provided: 1. The site shall not be less than twenty (20) acres in size. P�. FEB 19 2010 Exhibit "B" FEB 19 2010 A Rationale for Considering The following "Text Amendment" Churches and places of worship regardless of religious affiliation. Churches and places of worship must have direct access to or be within three hundred feet (3009 of a collector, minor arterial or principal arterial street. 1. The purpose of zoning law, to promote public health, safety and general welfare in 11 -1 -2 points A -I would not be compromised by such an amendment. 2. This amendment would not take away any opportunity for the city to deny such use of a property based on the requirement to seek a conditional use permit. It also does not guarantee approval of such use without proper consideration to all the facts 1 90 % of churches in the United States of America have 110 or fewer congregants. These smaller churches do not require the land use or the services of larger congregations and are served well throughout this country on rural parcels. This text amendment would be consistent with other zoning laws throughout the United States of America. 4. The two parcels Cedarwood Church is petitioning for are currently zoned RR and it would require this "text amendment" before we could bring consideration before this city to house a small congregation on these parcels. 5. It is hereby noted that in figures 7:3 -6 and page 64 of the city's Comprehensive Plan that these parcels are designated "Transitional Residential" which suggests these particular lots are moving towards "Urban Residential" designations. There is other land within the Comprehensive Plan that falls into this category and may be suitable for consideration for Church occupation. This text amendment will allow for that consideration without assurances or promise. 6. Rural Residential Parcels do not frequently meet the test of this "text amendment" requiring "direct access to or be within three hundred feet (300') of a collector, minor arterial or principal arterial street. " This eliminates the consideration of the vast majority of parcels that fall under this designation. Therefore, it will not bring about an inordinate amount of requests for this kind of conditional use permit. The two parcels in question do satisfy this requirement being at the very end of a collector (Biscayne) and located within 300' of a minor arterial (S. Robert Trail). 7. This text amendment has the same wording used under all other designations in the city zoning code that will consider Churches under a conditional use permit and offers consistency and uniformity to the zoning code. 61 fn ofto i •• �t �� _ r mss. • l� k •�t �� 400 � 4 yam_ - - i ... _ � t t 7 - - O . x ' 1 kL Ir S ' j1 '•1 w r r -Ca t. t 'L r # . 1�t „ • Exhibit "D" Future Use 1. Cedarwood Church intends to use the current structures as they exist for potential small group ministries, bible studies and ministries of not more than 50 people. There is currently enough asphalt to cover all parking needs. 2. Cedarwood Church would plan to renovate the present home to be suitable for a small worship center within 2 -5 years and a children's ministry center utilizing the present foundation as determined to be possible. The sketch plan shows the current structure and the maximum additional space to be used in the future. This structure would accommodate up to 225 people and utilize 4800 -5400 square feet of land. 3. The large area that looks like a number 7 would be future parking and would accommodate up to 80 cars. This will utilize 18,750 square feet of land. 4. The total amount of land in the two parcels is 103,237.2 square feet. The purpose of showing this sketch plan is to show: a. A small church can be placed on this parcel b. Total impervious surface will be 23.4% of total land mass and therefore will meet environmental concerns c. Meets or exceeds the requirements of the "text amendment" d. Will better utilize the land than current use and allow for the quiet enjoyment of land in the surrounding neighborhood. EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING MARCH 23, 2010 5.b. Request by Cedarwood Church to Add Churches and Place of Worship as a Conditional Use within the RR: Rural Residential Zoning District (10- 07 -TA). Senior Planner Zweber stated the applicant, Cedarwood Church is looking for a site to move their church to. Currently, Cedarwood is meeting in temporary spaces such as the community center. Cedarwood has identified the Lenny s Landscape site at the southeast corner of Biscayne Avenue and South Robert Trail. The Lenny s Landscaping site is zoned RR. Rural Residential which does not allow churches. To allow a church use on this site, Cedarwood has applied for a Zoning Ordinance text amendment to add churches and places of worship to the list of conditional uses in the RK Rural Residential zoning district. Mr. Zweber stated the Commission needs to decide whether or not they feel churches are appropriate in the Rural Residential district. Chairperson Ege asked about the condition that no ancillary uses be allowed. Mr. Zweber responded that with ancillary uses such as schools, there would be additional traffic involved such as buses and parents dropping off children. Commissioner Messner asked about Condition No. 2 and why it includes both direct access to an arterial street or a local street within five hundred (500) feet of the local street's intersection with an arterial street. Mr. Zweber stated that since arterial streets are often busy county or state roads wherein the county or state does not allow additional accesses and there are very few collector roads in the RR zoning district, staff felt it appropriate to also include access off of local streets that are within 500 feet of an arterial street. Commissioner Messner asked about the land immediately north of the Harmony development in that it is also zoned RR and guided TR Mr. Zweber responded that staff has always intended the area north of Bonaire Path to have an urban level of density. Since that land is within the MUSA boundary, Mr. Zweber stated any perspective applicant could apply to have that area rezoned to an urban residential zoning district if they wanted to place a church there. Chairperson Ege asked if the Commission could regulate the size of church being proposed in the rural residential district. Mr. Zweber stated churches have statutes and federal laws that address them specifically and limits what cities can regulate. Federal law states that if a City allows assembly in a particular zoning district, churches of any size need to be allowed. Applicant, Bruce Goeblish, of Cedarwood Church approached the Commission and stated Cedarwood is a small community, non - denominational church. He stated it is difficult to find parcels that are affordable. The public hearing was opened at 7:04p.m. Jeff Paulus, 12550 Biscayne Avenue, approached the Commission and stated he lives about one -half mile from the church site and he doesn't believe this proposal is a good idea. He stated his concern that the extra traffic from the church activities would speed up the wear and tear of the railroad tracks and the railroad company is out working on the tracks there a lot as it is. In addition, he assumed sewer and water would be the next issue which he doesn't agree with. Mr. Paulus stated he is against the proposal. Diane Denbeck,12525 Biscayne, asked that the Commission deny the application. She stated she would like the area to remain rural residential and is concerned about the sewer and water issues and increased traffic on Biscayne Avenue. She believes there are other options available to locate the church and if the City rewrites the ordinance, it not only affects this parcel, but all of Rosemount. Ronald Welvaert, 12086 Biscayne Avenue, Ives across the street from property and is concerned with the number of kids that will be playing on the property who may stray to his property and play in his trees. He does not want to be held liable in the event of an accident. He also stated his concerns with sewer and water and added traffic to the road. He requested the Commission to deny the application. Michael Morehouse, 12171 Biscayne Avenue stated he is optimistic about change but is concerned with sewer and water and the assessments involved. There were no public comments. MOTION by Messner to close the public hearing. Second by Ege. Ayes: 3. Nays: None. Motion approved. The public hearing was closed at 7:10p.m. Commissioner Messner asked if this request would affect the timeline of the RR zoning district schedule on sewer and water. Mr. Zweber stated the City did a study that showed it was feasible for those areas to get sewer and water but this neighborhood is not within the MUSA boundary and by standards of the Met Council, the City cannot supply water to anything outside that boundary. He further stated that during the Comprehensive Plan meetings, City staff stated that there are only two ways for that neighborhood to get sewer and water. (1) if the neighborhood requests service; or (2) if the septic systems are failing and causing health hazards. Mr. Zweber stated that even if the City were to consider putting sewer and water in this area, there would have to be a rezoning and extension of the MUSA boundary. With respect to the issue at hand, Cedarwood Church would require sewer and water with the approval of their application. Commissioner Messner asked if Lennys Landscaping had a conditional use permit for the landscaping business or if it was grandfathered in. Mr. Zweber responded that the City adopted its fast zoning ordinance in 1972 and Lennys Landscaping has been defined as a non - conforming use ever since. They would not be able to expand and no other similar business would be allowed there in the RR zoning district. Chairperson Ege asked if there was extensive damage to the railroad tracks from the continuous use of trucks from the landscaping business. Mr. Zweber stated there will always be wear and tear to the tracks in that area and that it is the responsibility of both parties, the City and the Railroad, to maintain their portion of the road. He further stated that staff is aware of the issues with the railroad tracks and the intersection and that is the reason for the 500 foot setback requirement to help control traffic congestion in that area. Commissioner Messner commented that this area has always been recognized as TR - Transitional Residential and so it is likely that other types of uses will eventually occur. He stated his agreement with limiting churches to the TR guided areas. Commissioner Irving stated that the concerns with traffic to the area and the increase in the amount of kids playing should be reduced with the condition that ancillary uses are not allowed. He stated he does not believe having a church at that location would hinder the neighborhood or the residents' way of living. Chairperson Ege asked about the phrase "regardless of Religious Affiliation" and whether or not it could be regulated if it were a non - mainstream type of assembly that resulted in complications within the neighborhood. Mr. Zweber stated that the City is not allowed to choose one religion over another but is allowed to regulate the impact churches have on a neighborhood and insure they follow safety regulations and assembly regulations. There was no further discussion among the Commissioners. MOTION by Messner to recommend the City Council to add Churches and Places of Worship regardless of Religious Affiliation as a Conditional Use within the RR Rural Residential Zoning District, subject to the following restrictions: 1. The property is designated "TR.- Transitional Residential" within the City's adopted Comprehensive Plan. 2. The property must have direct access onto an arterial street or access to a local street within five hundred (500) feet of the local street's intersection with an arterial street. 3. No ancillary uses, including but not limited to daycare, Montessori schools, and nurseries occurring separately from the religious services, are allowed at the church or place of worship. 4. Site and building standards for a church or place of worship shall be greater than the surrounding residences to mitigate the greater scale and intensity of this use. Site and building standards shall follow those described in Section 11 -4 -14 G 1 and 3 through 7. Second by Irving. Ayes: 3. Nays: None. Motion approved. As follow-up, Mr. Zweber stated this item will go before the City Council at their regular meeting April 20, 2010. If the zoning ordinance text amendment is approved by the City Council, the applicant would have to come back to the Planning Commission with a conditional use permit application. This process would require a public hearing and notification of residents within a 350 foot buffer area. The public can certainly come back and address individual details at that time. Commissioner Messner asked if staff could expand the notification area to include all affected residents and Mr. Zweber said staff would look at the area to determine the appropriate buffer area. R _� � 0 T N APR 0 5 2010 Eric Zweber Rosemount, City Planner It has come to my attention that the Rosemount Planning Commission, and by extension the Rosemount City Council, is planning changes to the zoning codes without proper notification to affected parties. There is a text amendment being proposed/circulating to change conditional uses of Rural Residential property to include "churches ". There has been no notification to landowners who may be affected. This change was precipitated by a church that wants to purchase property in northern Rosemount. The change would affect all of Rosemount, not just the one site, and therefore all Rural Residential should be notified and have a chance to voice their concerns. There are existing zoning categories that include churches, and Rural Residential should remain just that... residential. The word "church" means different things to different assemblies. We can't assume that every church will be a lily -white protestant denomination that follows `acceptable' Sunday morning and Wednesday night meeting formats. There may be daily assemblies, loud noises announcing prayer times, demon worshippers, and other denominational variances in our residential neighborhoods. Who's to say that unsavory elements may deem themselves a "church" to be out in a rural area and potentially under less scrutiny. Any property, with or without a structure, would be eligible. I understand that there would be city requirements to satisfy, but even so, there would always be increased traffic at the very least. There are also well and septic concerns, road condition concerns, and liability concerns for the neighbors. To make a change there should be an additional value received for the neighborhood and I see none. I feel that zoning changes should be addressed within the Comprehensive Guide Plan that is updated regularly and completed with public input. I'm sorry I do not feel comfortable including my name, but I'm truly afraid of retaliation and/or additional observation by the powers- that -be in light of other zoning changes, and the recent eminent domain battle. Thank you for your attention. Cc: Rosemount Town Pages Mayor Bill Droste Councilmember Kurt Bills Councilmember Mark DeBettignies Councilmember Kim Shoe - Corrigan Councilmember Jeff Weisensel Zweber, Eric From: mattmcdonald @netscape.com Sent: Monday, April 12, 2010 7:00 PM To: Rosemount City Council Subject: Questions and Concerns Conditional Use Zone Change Mr. Mayor, Members of the Rosemount City Council, City Administration, I am a resident of Rosemount and a homeowner for 5 years. I am a grew up in Rosemount and have some questions and concerns regarding the proposed zoning change for Rural Residential Rosemount to allow for Churches. The home where I grew up and where my elderly parents live is 2 houses from the proposed site of the Cedarwood church. I have concerns regarding the impact this proposed zoning change will have on both their quality of life and the impact to their property value. If you could please provide answers to these questions and concerns in writing or review them at the April 20 City Council meeting it will be greatly appreciated. Questions: 1. How many existing rural residents will be impacted by this change? 2. How many lots would meet the criteria established for a church? 3. Please provide a detailed enforcement plan for the limited use conditions as well as penalties that the city will be enforcing? 4. What will the assessment cost to bring city water and sewer to the rural residential properties? 5. What percentage of permanent structure will be allowed. 6. Will there be environmental impact studies performed? If so who will bear the burden of cost? 7. What will be the minimum qualification to be considered a "Church "? What is the state of Minnesota minimum qualification? 8. Will other houses of worship be included like mosques or temples? 9. What is the benefit to Rosemount as a whole? 10. How many other churches have applied for this in Rosemount? The main reason for questions 9 and 10 are that there is no tax benefit to the city and the need seems unclear. There are many existing Churches in Rosemount that have a long history of service to our community. I am not familiar with Cedarwood church but what I have gained from their website is this: -They have very few members, many with the same last name. Is this just a couple of families? -They are non - denominational (This is a grey area, why they can not fit into other church organizations and need to start their own) -They have no record with the Secretary of State. This the driver of question 7. -The video posted on the church website is very anti Muslim and anti immigration (except for Hispanics) 1 I raise these concerns to you in good faith. I am worried that this will first and foremost have a very negative impact to my elderly parents. They worked hard their whole lives to raise 12 children in Rosemount, seven of the 12 own homes in Rosemount. I also fear that this change will bring more "non- denominational" groups to Rosemount looking to set up shop in Rural Rosemount thus removing the rural element. Thank you Matt McDonald Resident 3285 145th ST W Rosemount, MN 55068 612 - 669 -2155 Netscape. Just the Net You Need. 2 Staff Response to the Concerns Raised in the Unsigned Letter Eric Zweber Rosemount City Planner It has come to my attention that the Rosemount Planning Commission, and by extension the Rosemount City Council, is planning changes to the zoning codes without proper notification to affected parties. There is a text amendment being proposed/circulating to change conditional uses of Rural Residential property to include "churches ". There has been no notification to landowners who may be affected. This change was precipitated by a church that wants to purchase property in northern Rosemount. The change would affect all of Rosemount, not just the one site, and therefore all Rural Residential should be notified and have a chance to voice their concerns. City staff provided more notification than was required for ,,oning text amendment. The State Statute and City Code only require the publication of a public hearing notice in the local paper but staff additionally placed signs on the former Lenny's Landscaping site indicating that a public hearing was being held regarding the property and a City phone number was provided to call for additional information. Staff answered about six calls as a result of the signs There are existing zoning categories that include churches, and Rural Residential should remain just that... residential. Churches air located in other residential neighborhoods in Rosemount and in many other communities The word "church" means different things to different assemblies. We can't assume that every church will be a lily -white protestant denomination that follows `acceptable' Sunday morning and Wednesday night meeting formats. There may be daily assemblies, loud noises announcing prayer times, demon worshippers, and other denominational variances in our residential neighborhoods. Who's to say that unsavory elements may deem themselves a "church" to be out in a rural area and potentially under less scrutiny. Any property, with or without a structure, would be eligible. The FirstAmendment of the US Constitution, Article 1 Section 16 of the Minnesota Constitution, and the Religious Exercise in Land Use and by Institutionalitie Persons Act (RLUIPA) prohibitgovernment from regulating churches based on the type or denomination of a church. RLUIPA defines a church or other place of worship as `?he use, building, or conversion of real property for the purpose of religious exercise': The City is not permitted to create a definition that is more restrictive than the RLUIPA definition. I understand that there would be city requirements to satisfy, but even so, there would always be increased traffic at the very least. Traffic and road conditions were considered in the text amendment with the restriction that churches are limited only to properties that have an access within 500 feet of an arterial street to encourage parishioners to use the regional roads instead of the local roads. There are also well and septic concerns, road condition concerns, and liability concerns for the neighbors. Churches can be served by septic systems andprivate wells the same as the rural residential homes. The St. John's Lutheran church on the corner of Blaine Avenue and County Road 42 has been using a septic system and pri vate well throughout its existence without issue. To make a change there should be an additional value received for the neighborhood and I see none. Churches add value to the communities as places of worship and gathering and many churches have a philanthropic component to their ministries that include helping members of their neighborhood and community often regardless of the individual's personal religious denomination. I feel that zoning changes should be addressed within the Comprehensive Guide Plan that is updated regularly and completed with public input. Zoning text changes are required to occur after the adoption of the Comprehensive Plan provided they are consistent with the Comprehensive Plan policies. I'm sorry I do not feel comfortable including my name, but I'm truly afraid of retaliation and/or additional observation by the powers- that -be in light of other zoning changes, and the recent eminent domain battle. Thank you for your attention. Cc: Rosemount Town Pages Mayor Bill Droste Councilmember Kurt Bills Councilmember Mark DeBettignies Councilmember Kim Shoe - Corrigan Councilmember Jeff Weisensel Staff Response to the Concerns Raised in Mr. McDonald's E -Mail Mr. McDonald, As the City staff member assigned with this zoning text amendment request, I would like to reply to your e -mail and try to address your concerns as much as possible. Questions: 1. How many existing rural residents will be impacted by this change? There are 38 current rural residential lots that would be eligible to have churches as the text amendment was recommended by the Planning Commission. Based on the existing household sitie of the average Rosemount household, there are approximately 100 to 125 residents living on those 381ots. 2. How many lots would meet the criteria established for a church? Please see the answer to question # 1. 3. Please provide a detailed enforcement plan for the limited use conditions as well as penalties that the city will be enforcing? The enforcement plan would be those enforcement actions provided to the City within the City Code and State Statute which could include revoking the Conditional Use Permit if violations of the City Code and Conditional Use Permit warranted. 4. What will the assessment cost to bring city water and sewer to the rural residential properties? Sewer and water would not be provided as a result of a conditional use permit for a church. Churches can be served by septic systems and private wells the same as the rural residential homes The St. John's Lutheran church on the corner of Blaine Avenue and County Road 42 has been using a septic system and private well throughout its existence without issue. 5. What percentage of permanent structure will be allowed. The conditional use approval process can address the sitie and scale of the church. An impervious surface standard of 30% is pmposed within the text amendment and Cedarwood has stated that they would be able to construct the church they want and meet that standard. 6. Will there be environmental impact studies performed? If so who will bear the burden of cost? No EIS, EAV or other environmental review is rrquired for a church the sitie that Cedarwood is requesting. 7. What will be the minimum qualification to be considered a "Church "? What is the state of Minnesota minimum qualification? The Religious Exercise in Land Use and by Institutionalitie Persons Act (RLUIPA) defines a church or otherplace of worship as `the use, building, or conversion of realpmpery for the purpose of religious exerzzse': The Cedarwood Church fits this definition and the City is not permitted to create a definition that is more restrictive than the RLUIPA definition. 8. Will other houses of worship be included like mosques or temples? The First Amendment of the US Constitution, Article 1 Section 16 of the Minnesota Constitution, and the Religious Exercise in Land Use and by Institutionalitie Persons Act (RLUIPA) prohibitgovernment from regulating churches based on the �pe or denomination of a church and therefore mosques and temples would be allowed. 9. What is the benefit to Rosemount as a whole? Churches add value to the communities as places of worship and gathering and many churches have a philanthropic component to their ministries that include he ping members of their neighborhood and community often regardless of the individual's personal religious denomination. Churches and their value to the community are specificaly addressed in the community facilities section of the City's Comprehensive Plan. 10. How many other churches have applied for this in Rosemount? Cedarwood is the first church to apply for a text amendment to allow churches within the RR: Rural Residential tioning district but staff continually receives calls (often about one a month) from various churches looking for locations to establish a church. The main reason for questions 9 and 10 are that there is no tax benefit to the city and the need seems unclear. There are many existing Churches in Rosemount that have a long history of service to our community. I am not familiar with Cedarwood church but what I have gained from their website is this: -They have very few members, many with the same last name. Is this just a couple of families? -They are non - denominational (This is a grey area, why they can not fit into other church organizations and need to start their own -They have no record with the Secretary of State. This the driver of question 7. -The video posted on the church website is very anti Muslim and anti immigration (except for Hispanics) Your e-mail has been include in the file for the zoning text amendment and will be included as an attachment to the City Council Executive Summary for next Tuesday's meeting. Feel free to contact me if you have any further comments, questions or concerns. Eric Zweber, Senior Planner (651) 322 -2052 �zo.zo 0 Agenda item: Case 10 -07 -TA Requested by Cedarwood Church We wish to add to the provisions of this Text Amendment the following under D -4 of the Staffing report: Other surface materials not included in Sec. 11 -4 -14 G 3 may be approved by the city council provided they are a. Architecturally sound b. Architecturally consistent within the zoning district c. An Architectural enhancement Summary: Cedarwood has begun the planning stages of its future building program and is looking into the possibility of a quaint, refined finished log Church that meets construction standards and fits the architectural setting of this lot. While we believe it would be aesthetically and architecturally acceptable and very consistent with the zoning district, under Sec. 11 -4 -14 G 3 we can only build a structure with Masonry surfaces. While we are okay with those conditions and would follow them should the council pass this Text Amendment as recommended, we would welcome the opportunity to consider the alternative provided for in this additional language to Condition D.4 of the staffing report.