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HomeMy WebLinkAbout9.a. Request by Cedarwood Church for Conditional Use Permit for a Church at 12139 Biscayne Avenue, Case 10-19-CUP4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: September 21, 2010 AGENDA ITEM: Case 10 -19 -CUP Request by Cedarwood AGENDA SECTION: Church for Conditional Use Permit for a New Business Church at 12139 Biscayne Avenue PREPARED BY: Eric Zweber, Senior Planner AnNDA NO. ATTACHMENTS: Resolution, Site Map; Excerpt of the Draft APPROVED BY: August 24 Planning Commission Minutes; Excerpt of the April 20 City Council Meeting; Narrative; Survey; Site and Grading Plan; Reclamation and Parking Plan; Landscape Plan; Floor Plan; Elevations; Photos; Nova Brick Brochure; Letter from Leonard Lipinski; City Engineer's Memorandum dated September 15. RECOMMENDED ACTION: Motion to adopt a Resolution approving the Conditional Use Permit for Cedarwood Church ISSUE Cedarwood Church has purchased the former Lenny's Landscaping site at the southeast corner of Biscayne Avenue and South Robert Trail for their church. Cedarwood is requesting a Conditional Use Permit to operate their church on the site. Cedarwood has provided plans to convert the former landscaping business into their church in compliance with the City regulations. On April 20, 2010, the City Council approved a text amendment to allow churches in the RR — Rural Residential zoning district as a conditional use. On July 27, Cedarwood Church submitted for the Conditional Use Permit. AUGUST 24 PLANNING COMMISSION MEETING The Planning Commission conducted a public hearing for the Conditional Use Permit (CUP) during their meeting on August 24, 2010. During the public hearing, Linda Marcu, the daughter of the resident at 12202 South Robert Trail (located west of the railroad tracks) spoke on behalf of her mother. Ms. Marcu stated that that when the property was operating as Lenny's Landscaping, trees had been removed on her mother's property by the landscaping business. Staff stated that the applicant has provided a survey that shows all the work will occur on the property or within the Biscayne Avenue right -of -way. There is no need to perform any work west of the railroad tracks. No one else spoke during the public hearing. The applicant was not present at the meeting during the public hearing. Following the public hearing, the Planning Commission inquired if any public improvements would need to occur due to the establishment of this church. Staff stated that property has a private well and septic system that would support the initial phase of the church and Biscayne Avenue will not need to be paved as a result of the traffic generated by the church. Commissioner Powell inquired why the letter of credit requirement was only for the value of one improvement and not the total value of all the improvements plus 25% for administrative costs should the letter of credit need to be redeemed. Staff responded the recommendation for the letter of credit was the value of the Nova Brick labor and materials. This amount was chosen because the improvement is the most expensive single improvement proposed and in recognition that there is some existing value at the property. The letter of credit would be sufficient in value to cover the construction, installation, or demolition of any one condition of the CUP but would not be able to cover all the improvements necessary for the church use. The Planning Commission recommended approval of the CUP with conditions recommended by staff. CEDARWOOD CHURCH'S PREVIOUS REQUEST TO REMOVE THE LETTER OF CREDIT REQUIREMENT On the evening of September 15, Cedarwood Church e- mailed a letter to the Council and planning staff stating that they do not have the financial ability to secure a letter of credit (LOC) in the requested amount of $30,000. Cedarwood was requesting that the condition requiring the LOC in the amount of the Nova Brick labor and material be removed from the CUP resolution. Since that letter, Cedarwood Church has found the opportunity to use some of their investments as collateral for a LOC and has withdrawn their request to remove the LOC requirement. While Cedarwood Church has stated that they will provide the LOC, the following information is provided to understand why a LOC is important for this type of a project. The reason why staff has supported the use of a financial surety is because of the nature of a CUP. In working with the applicant, staff is proposing to phase in compliance with ordinance standards over a two year time period. In the meantime, the church will be allowed to operate on the site. Without a financial surety, the only remedy available to the City for non - compliance of ordinance standards is revocation of the CUP. While the zoning ordinance provides for a process for revocation, it is a difficult, lengthy and an undesirable enforcement remedy. Whenever possible it is preferable to provide a guarantee that will motivate an applicant toward compliance without having to require cessation of the permitted land use. In this case revocation would mean that the congregation would not be allowed to use the property under any circumstances; an alternative that would rather be avoided if a LOC redemption could occur and site work completed to ensure compliance with approved conditions. Staff has tried to be flexible in administration of the ordinance understanding the finances of the existing applicant. As pointed out by Planning Commissioner Powell, the City typically requires a LOC in the value of all the necessary improvements plus 10% to cover possible administrative costs. The recommend LOC for Cedarwood Church is only the value of the Nova Brick without any additional administrative costs. This amount was recommended in recognition of their financial constraints and the existing building and improvement value at the site. K Again in recognition of the applicant's financial situation, staff has proposed that the improvements necessary to bring the site into compliance occur over a two year time period. In the meantime the church would be allowed to operate at the site. The City has the ability to require that the site be brought into compliance with all Code standards before any church function could occur at the site. Staff cannot support the removal of the LOC (limited in amount to only one of the multiple improvements needed) from the CUP. Staff is concerned that if the applicant is unable to obtain a financial guarantee, they might also have difficulty financing the site improvements proposed in the project. BACKGROUND Cedarwood Church is a congregation that currently meets in groups of 50 people or less in temporary locations such as the community center. Cedarwood is looking to find a permanent home for their congregation to include a ministry center that can accommodate up to 156 people. Cedarwood has a contract for deed for the former Lenny's Landscaping property at the southeast corner of Biscayne Avenue and South Robert Trail. The Lenny's Landscaping site is zoned RR: Rural Residential which allows churches as conditional uses. The site is currently occupied by a house that has served as the offices for the landscape business, three pole buildings, a bituminous area south and east of the house, and a gravel area on the north and west sides of the property. Cedarwood Church is purchasing the property through a contract for deed that limits the amount of building demolition that can occur prior to August 1, 2012. With these current site conditions, there are three areas in which improvement must be made to meet the conditional use standards of the ordinance. 1. The buildings as they currently exist do not have the masonry required in City Code Section 11 -4 -14. 2. The landscaping is deficient along the south property line, the southeast corner of the property, and around the main office building. 3. The site has greater than 30% impervious surface. To resolve these issues, Cedarwood Church has proposed a construction schedule that would perform these improvements by December 31, 2011. The demolition of the last two buildings would be conducted by December 31, 2012 after the contract for deed matures. Another option is to bring the one or both of the buildings into compliance with the code requirements. Staff has prepared conditions in the recommendation section that would adopt this construction schedule as well as require a financial security in the form of a letter of credit (LOC). During the staff review process, the church was notified what upgrades needed to occur on the site to bring it into compliance with ordinance requirements. The church proposed the schedule generally consistent with the recommended conditions of approval. The City requires financial securities for other developments to ensure performance with approved conditions. If the improvements required in the approval do not occur then the City can redeem the letter of credit to complete the required work, therefore bringing the site into compliance with the ordinance and conditions of approval. Typically, the City requires a LOC equaling the value of all K the required improvements. In this case the LOC value will be the value of the Nova Brick installation and materials. That LOC will be held until the first five recommended conditions are performed. Obviously the City has the ability to revoke the conditional use permit if the land use does not comply with the conditions of approval. However, staff believes use of a financial surety will assist in spurring compliance with ordinance requirements. Building Material The existing home has typical residential lap siding and the three pole buildings have steel siding. The Code requires that buildings be constructed of masonry which would include at least 50% brick. To meet this standard, Cedarwood Church is proposing to install Nova Brick on the home. Nova Brick is a concrete modular unit (CM", similar to face brick. Nova Brick is attached to the existing sheeting of the house with screws through holes in the brick and then the next brick above overlaps the screws of the brick below. The house would be sided entirely with Nova Brick. The recommended condition requires the Nova Brick installation by June 30, 2011. The three pole buildings are planned to be demolished but the timing is limited due to the contract for deed. Building #1 (the northern most building) would be demolished by December 31, 2011. Buildings #2 and #3 would be demolished after the contract matures on August 1, 2012 and before December 31, 2012. Cedarwood is considering keeping one of the southern pole buildings for storage but is committing to bring the exterior materials of that building up to code by December 31, 2011 if they choose to keep it. The recommended condition requires either demolishing or improving the building to code by December 31, 2012. Parking Lot The City Code requires one (1) parking stall for each three (3) seats in the largest assembly area. The existing house can accommodate 66 parishioners in the larger assembly area which would require 22 parking stalls. Cedarwood has proposed a plan that would convert the existing bituminous area south and east of the house into a 22 stall parking lot using the existing driveway access east of the house. One of the pole buildings would be available for an additional 5 stalls. The plans also show the possible expansion of the parking lot to a total of 47 stalls which would allow for a church expansion to 141 people in the larger assembly area. The parking lot expansion would be parallel to the southern property line with a 30 foot setback. Landscaping The middle and eastern parts of the property have 48 existing mature trees. None of the trees would be removed to convert the site into a church use. The site meets and exceeds the City Code for the number of trees on the property but the site is deficient in the foundation plantings around the house and screening around the parking lot. The conditional use standard requires minimum landscaping consistent with the C -4 zoning district. The C -4 zoning district requires one (1) foundation planting per ten (10) feet of the building perimeter. The house had a perimeter of about 250 feet requiring 25 plants. The Cedarwood Landscape Plan shows 25 foundation plantings that are to be installed by December 31, 2011. The C -4 zoning district also requires screening of the parking areas through berming and landscaping to provide 50% opacity through four (4) feet in height. Cedarwood has provided a plan to create a two (2) foot berm to the south of the future parking lot and install two (2) foot tall pines along the berm. In the middle of the berm, where an existing cottonwood tree exists, the plan 4 proposes lilac bushes. The ordinance requires taller coniferous plants when the landscaping is installed for compliance with the landscape and tree removal requirements. In this case the small trees are being installed to comply with the opacity requirement and therefore staff can support installation of smaller trees. Along the Biscayne Avenue frontage, the landscape plan shows use of the existing arborvitae as the required screening. Since the arborvitae are within the right -of -way, and may need to be removed if the road is improved in the future, this screening is unacceptable as a long term solution. Cedarwood Church has proposed nineteen (19) amur maple plants to be installed within ten (10) feet of the eastern edge of the parking area to provide the 50% opacity screening requirement of the City Code. To achieve the less than 30% impervious surface, Cedarwood has proposed to remove the gravel parking and storage area and return it to grass and turf. The recommended condition requires this to occur by December 31, 2011. Engineering Comments The City Engineer had provided a memorandum to the Planning Commission providing for a number changes to the plans, mostly minor grading changes and erosion control information. Cedarwood Church has addressed request from the City Engineer save one. The proposed erosion control in the Biscayne Avenue ditch is a temporary wood fiber blanket. The City Engineer has prepared a memorandum (attached to this summary) requesting the wood fiber blanket be replaced by a permanent form of erosion control such as a rock check dam within the ditch bottom. Conditional Use Standards 1. Will not be detrimental to or endanger the public health, safety, orgeneral welfare of the neighborhood or the city. A church is not detrimental to a neighborhood and does not endanger the public health, safety, or general welfare, if conditions required by ordinance and the approval are met. 2. Will be harmonious with the objectives of the comprehensive plan and city code provisions: Churches within residential neighborhoods are harmonious with the Comprehensive Plan and churches are allowed as conditional uses within the City Code. 3. Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landreape 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 pmpenly values within the neighborhood. The site and exterior material improvements proposed by Cedarwood Church will be compatible with the existing and intended character of the neighborhood and should not diminish the property values. 4. Will be served adequately by existing (or those proposed in the pmject) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools: Cedarwood Church will be served by essential public facilities and services to the same level as other properties within the RR: Rural Residential zoning district. Presently this means the site will be served by private well and septic and has direct access to a public road. 5 5. Will not involve uses, activities, processes, material equipment and conditions of operation that will be ha .Zardous or detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors The access to the site is approximately 475 feet from South Robert Trail and use of the property is limited to the church which conducts Sunday services and weekly bible studies. In recognition that churches can generate more traffic for a limited duration, and typically on off -peak hours, the ordinance standard requires, "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." These conditions will not be hazardous or detrimental because of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. The access to the site is approximately 475 feet from South Robert Trail. The easiest route to and from the church from areas outside the neighborhood would be the intersection of South Robert trail and Biscayne Avenue. This ease of access will prevent congestion or interference on the surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will coVy with all local, state, and federal environmental quality standards The site has (until recently) been a landscape business with nearly 70% of the lot covered by impervious surfaces. The establishment of the church and the improvement required by the Conditional Use Permit will reduce the impervious surface to less than 30 %. The establishment of the church will improve the natural and scenic features and will comply with environmental quality standards. 8. These standards apply in addition to specific conditions as may be applied throughout this code. Upon fulfilling the conditions within the Conditional Use Permit, the Cedarwood Church site and use will meet all standards and conditions within the City Code. Rural Residential Zoning District Standards for Churches 1. The pmpery is designated `TR: Transitional Residential" within the City's adopted Comprehensive Plan. The property is designated TR: Transitional Residential within the Comprehensive Plan. 2. The pmperty 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. The access to the site is approximately 475 feet from South Robert Trail. 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. Cedarwood Church has stated in their narrative that the proposed use of their property is Sunday worship and weekly bible studies. 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 114-14 G 1 and 3 through 7 shall apply. Upon fulfilling the conditions within the Conditional Use Permit, the Cedarwood Church site will meet the site and building standards. 5. Landscaping standards for a church orplace of worsh p 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 C4: General Commercial Zoning district. The site is extensively landscaped in the center and eastern side of the property. Additional landscaping is required on the southern and eastern edges of the parking lot and foundation plants along the base of the church. These plantings will fulfill the landscaping standards. 6. The maximum lot coverage for churches and places of worship shall be thirty percent (30 01o). Upon fulfilling the conditions within the Conditional Use Permit, the Cedarwood Church site will be approximately eleven percent (11%) impervious surface. The site can be designed to provide for a future expansion and still remain under thirty percent (30 %) impervious surface. RECOMMENDATION Staff recommends that the City Council adopt the Resolution approving the Conditional Use Permit for Cedarwood Church including the condition requiring the Letter of Credit. 7 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2010 -- A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT (CUP) FOR CEDARWOOD CHURCH. WHEREAS, the Community Development Department of the City of Rosemount received an application from Cedarwood Church requesting a Conditional Use Permit (CUP) to operate a church located at 12139 Biscayne Avenue West. WHEREAS, on August 24, 2010, the Planning Commission of the City of Rosemount reviewed and conducted a public hearing for the conditional use permit application of Cedarwood Church; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the conditional use permit application for Cedarwood Church; and WHEREAS, on September 21, 2010, the City Council of the City of Rosemount reviewed the Planning Commission recommendations for the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the conditional use permit for the operation of Cedarwood Church, subject to the following conditions: 1. The parking lot must be completed by December 31, 2010 in accordance with the Reclamation and Parking Plan. 2. The installation of the Nova Brick onto the exterior of the church in accordance with the building elevations must be completed by June 30, 2011. 3. The landscaping and grading in accordance with the Landscape Plan and Reclamation and Parking Plan must be completed by December 31, 2011. 4. Building #1 (the northern most building) must be demolished and /or removed by December 31, 2011. 5. Buildings #2 and #3 must be demolished, removed, or improved to meet current City Code standards by December 31, 2012. 6. A letter of credit in the amount equal to that of the labor and materials to install the Nova Brick onto the church shall be provided to the City. The letter of credit shall not expire before June 30, 2013 and would be redeemed by the City if the improvements stated in conditions 1 through 5 are not completed by their required dates. 7. Compliance with the City Engineer's Memorandum dated September 15, 2010. ADOPTED this 21't day of September, 2010 by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Cedarwood Church r Disclaime Map and parcel data are believed to be accurate, but accuracy is not guaranteed. l nis is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 800 feet EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING AUGUST 24, 2010 5.a. Request by Cedarwood Church for a Conditional Use Permit for a Church at 12139 Biscayne Avenue. (10 -19 -CUP). Senior Planner Zweber reviewed the staff report and stated that Cedarwood Church has purchased the former Lenny's Landscape site at the southeast corner of Biscayne Avenue and South Robert Trail for their church. The applicant is now requesting a Conditional Use Permit to operate their church on the site and have provided plans to convert the former landscaping business into their church in compliance with the City regulations. Mr. Zweber reviewed the plans and conditional use standards with the Commission. Chairperson Ege asked Project Engineer Olson to clarify his comments in the Engineering memo with respect to the grading plan and whether or not it will affect the drainage of the property. Mr. Olson replied that the applicant needs to provide additional information to show that the drainage will not be affected. Commissioner Powell asked if the applicant meets the stormwater standards after the grading is complete. Mr. Olson replied yes, the stormwater standards are being met. Commissioner Powell also asked if the onsite septic system has adequate capacity for the church. Mr. Zweber replied that the City's building official reviewed the report and determined that the system is adequate for the current level of parishioners but also stated that if the church decides to expand in the future, the septic system would need to be upgraded. Chairperson Ege invited the applicant to speak. The applicant was present but did not have any comments. The public hearing was opened at 6:42p.m. Linda Marcu, 22050 Panama Avenue, Prior Lake Minnesota, approached the Commission on behalf of her mother who owns property located at 12202 -12204 South Robert Trail which adjoins the church property. Ms. Marcu stated that the previous owner of the property, Lenny's Landscaping, apparently removed trees and bushes that were located on her mother's property. She came to meeting to make sure that nothing was going to affect her mother's property. There were no further public comments. MOTION by Ege to close the public hearing. Second by Powell. Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 6:46p.m. Mr. Zweber stated that all grading and landscaping will be conducted on the church's property which is east of the railroad. In response to Ms. Marcu's concerns, Mr. Zweber stated that no work will be done on any other property and no landscaping will be removed. He further stated that no landscaping will be removed on the church's property but additional landscaping will be installed as part of the requirements. Mr. Zweber stated that the conditional use permit allows the church to operate indefinitely as long as they operate as a church. The church has stated that they will use the property for Sunday services and weekly bible classes, so there will be limited use. Commissioner Powell asked if there was a concern that the presence of a church would prompt the extension of utilities and assessments. Mr. Zweber stated that utilities and improvements were addressed in a previous meeting and stated that by adding a conditional use permit does not change the character of the neighborhood. He further stated the church is not requesting the provision of City sewer and water and traffic generated by the church does not warrant a change to Biscayne Avenue. Commissioner Powell stated he would not request the condition be changed but advised that the letter of credit be increased in future cases to allow for more security. Mr. Zweber stated that in this particular situation, the amount negotiated was because the applicant is not proposing very many new developments; mainly improvements to the existing structures. The amount negotiated is equal to the largest improvements the applicant plans on making which seemed a reasonable amount to staff. Linda Marcu requested to approach the Commission again to ask Mr. Zweber if he could show her exactly where the church's property was in relation to her mother's property. Mr. Zweber showed Ms. Marcu on the map and assured her that the plans provided show that no trees would be removed from her mother's property. MOTION by Commissioner Powell to recommend the City Council approve the Conditional Use Permit for Cedarwood Church at 12139 Biscayne Avenue, subject to the following conditions: 1. The parking lot must be completed by December 31, 2010 in accordance with the Reclamation and Parking Plan. 2. The installation of the Nova Brick onto the exterior of the church in accordance with the building elevations must be completed by June 30, 2011. 3. The landscaping and grading in accordance with the Landscape Plan and Reclamation and Parking Plan must be completed by December 31, 2011. In addition, a minimum of 25 foundation plantings and plantings to provide 50% opacity to four feet (4) in height within ten feet (10� of the eastern edge of the parking lot shall be installed by December 31, 2011. 4. Building #1 (the northern most building) must be demolished and /or removed by December 31, 2011. 5. Buildings #2 and #3 must be demolished, removed, or improved to meet current City Code standards by December 31, 2012. 6. A letter of credit in the amount equal to that of the labor and materials to install the Nova Brick onto the church shall be provided to the City. The letter of credit shall not expire before June 30, 2013 and would be redeemed by the City if the improvements stated in conditions 1 through 5 are not completed by their required dates. Second by Kolodziejski. Ayes: 5. Nays: None. Motion approved. Mr. Zweber stated that staff will work with the applicant to make revisions to the survey and landscape plan and provided those changes happen in a reasonable time, the item will go before the City Council on September 21, 2010. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 20, 2010 NEW BUSINESS 9.a. Request to Add Churches and Place of Worship as a Conditional Use within the RR: Rural Residential Zoning District, Case 10 -07 -TA Community Development Director Lindquist summarized the information provided in the staff report. The Text Amendment was prompted by Cedarwood Church who has a purchase agreement with Lenny's Landscaping for property located at the southeast corner of Biscayne Avenue and South Robert Trail. Ms. Lindquist added that this is a policy decision. The City Council may choose to deny or consider additional conditions to add to the text amendment. Council Member Weisensel questioned the setback requirements for the transitional areas. He was concerned about the adjacent property owners. Ms. Lindquist referred to the standards listed within the draft zoning ordinance. Mayor Droste requested that staff explain why churches are sometimes built in residential areas. Ms. Lindquist explained that Rosemount has a public and institutional zoning district that allows for churches. She explained the different standards associated with the uses and determining where the use is best fit. City Attorney LeFevere added that very often churches and schools are conditional uses commonly located in residentially zoned areas. Mayor Droste invited the applicants to the podium. Mike Berg, Pastor of Cedarwood Church, stated church staff spent 10 years looking for a place to locate the church. He provided background on working with the City of Rosemount staff and Planning Commission. Mr. Berg explained that the church sent letters to the surrounding neighbors and in response received one phone call in favor and another can regarding the project. On May 2 an open house was held and neighbors were invited to attend an open house. Their intent is to upgrade the neighborhood with a nice structure. Mr. Berg asked the City Council to consider the use of a white cedar log structure versus a masonry structure. He added that the biggest footprint that may be used is 5,200 square feet. Council Member DeBettignies questioned the white cedar log materials. Mr. Berg did not have a picture of the materials but stated he did not want the project turned down because of the building materials request. Matthew McDonald, 3285 145th St. W., Rosemount, expressed concern with the proximity of the church to his parent's home. He expressed concerns about parking and more churches locating in Rosemount. He also expressed concern about noticing residents of the project. Jeff Paulus, 12550 Biscayne Avenue, Rosemount, opposed the addition of the church to the area. He was concerned about the extension of sewer to the area. Diane Denbeck, 12525 Biscayne Avenue, Rosemount, stated that just because one property owner wants to make a change does not mean that all property owners want the change. She asked the City Council to deny the change to the ordinance. Joe Neisius, 12525 Biscayne Avenue, stated the church did not fit the area. He added that the church only has two Rosemount residents attending. Ms. Lindquist explained the process for reviewing and approving conditional use permits. She added that notice would bebe sent to property owners within 350 feet of the project and signs about the hearing posted. Ms. Lindquist further explained that a text amendment does not require notice to individual residents as it affects a whole zoning district and is not site specific. A notice about the text amendment was published in the paper and because of the neighborhood interest signs were placed at the property. She added that the action tonight is for the text amendment only. The applicant would need to apply for a conditional use permit if the text amendment is approved. Council Member Shoe - Corrigan questioned the impact to the sewer system. Ms. Lindquist pointed out where the MUSA boundary was located explaining that the boundary changes require formal action. There was no intention to bring the sewer and water to the church or anyone in that immediate area. Council Member Bills questioned if the service could go north of the MUSA line. Ms. Lindquist replied that a petition would be necessary along with City Council approval. Director of Public Works /City Engineer Brotzler provided background on the 2004 North Central Sewer Study and the current comprehensive plan amendments. He explained that the extension would be dependent upon resident request or a health and safety issue. The City contemplates an extension in the future but at this time there were not deficiencies in the system. Mayor Droste explained that the City Council does not dictate the number of residents or parishioners attending the church. Ms. Lindquist added that the occupancy standards will be based upon the square footage of the building. Council Member Bills was concerned about the noise from the church bells and outdoor services and asked if there currently were standards. Ms. Lindquist stated that the City has a noise ordinance; however that would not address the type of issues raised. If the Council had concerns they should be addressed during the conditional use permitting process. Pastor Berg explained that the church would not be 5,400 square feet unless it meets the conditional use. He added that currently there were only 50 members so the full septic system was not being used. Diane Denbeck, 12525 Biscayne Avenue, Rosemount, questioned if the process was really a democracy. Mayor Droste explained the process for public hearings and provided history on previous public hearings. Mr. LeFevere added that it's not a town hall democracy instead its elected officials making legislative decisions. Discussion was held regarding the requested building materials. Ms. Lindquist explained it was very difficult to negotiate the aesthetics and wanted to be clear on the expectations. Mr. LeFevere added that the request was to open up the way for wood structures. Wood was not a permitted use because of the maintenance problems. He added that over time brick will continue to look good whereas wood would deteriorate if not maintained. Council Member Shoe - Corrigan stated she would support the text amendment. She stated that churches are good neighbors and hoped the applicants would be sensitive and considerate to the surrounding neighbors. Council Member DeBettignies supported the project but not the materials proposed by the applicant. He asked that the applicants address the resident's concerns. Motion by DeBettignies. Second by Shoe - Corrigan. Motion to approve an Ordinance to add Churches as a Conditional Use within the RR: Dural Residential Zoning District. Council Member Bills supported the addition of the church to the area stating it would be a positive improvement. Council Member Weisensel and Mayor Droste concurred. Ayes: Shoe - Corrigan, Droste, Weisensel, Bills, DeBettignies Nays: None. Motion carried. (Ordinance B -205) Conditional Use Permit Application Supporting Materials 12139 Biscayne Avenue Rosemount, MN This proposal will take into consideration all 6 conditions required by Ordinance No. B- 205 to permit the use of 12139 Biscayne as a place of worship. The following support information is attached to this document. 1. Conditional Use Permit Application 2. Legal description of the lots 3. A copy of the city ordinance that is applicable 4. Current site survey 5. Proposed site surveys for Parking lots, Berms and Landscaping 6. Blueprint of changes within the home structure for assembly 7. Percolation, Sewer and Water reports and Septic Capacity report 8. Exhibits A, B, and C are pictures of the current vegetation coverage of the lot 9. Nova Brick Brochure with Front Elevations showing brick coverage 10. Address list of all neighbors from 12000 thru 13000 Biscayne Avenue 11. Letter from Leonard Lipinski requiring out building removal after August 2012. re MOM, MW, MM re ME limlim MeTs i Cedarwood Church plans to meet the "conditional use permit" requirements in the following matter: Section 1. Ordinance 11 -4 -3 D. 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. This property is RR and is designated "TR" within the City's adopted Comprehensive Plan and meets the 1St condition of the requirements in this ordinance 2. The property must have direct access onto an arterial street or access to a local street within 500 feet of the local street's intersection with an arterial street. The current and continuing entrance on this property is located more than (500) feet from South Robert Trail, an arterial street. See Site development plan for supporting evidence. 3. No ancillary uses, including but not limited to daycare, Montessori schools, and nurseries occurring separately from the religious service, are allowed in the church or place of worship. Current and projected use will be for Sunday morning worship services and weekly Bible Studies for all ages. Cedarwood Church would meet this "use" requirement. 4. Site and building standards for a church or place pof worship shall be greater than 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 requirements for churches and places of worship shall be the standards of C -4: General Commercial zoning district. There are four aspects of this condition supported in this proposal. The exterior of the current building to be used as a Place of Worship, Current and Future Parking, any necessary boundary requirements through landscaping and the removal of 3 out buildings on the property. a. Exterior of the place of worship The siding of the main building will be removed and recovered with Nova Brick, a molded clay brick product that will allow application on this building which has not brick ledges. See the brochure enclosed and the elevations with projected views. b. Current and Future Parking 1. The current bituminous surface will serve as the starting point for meeting the parking requirements. Not the proposed location on the site development plan. The five car garage will count as parking until it is removed. Note the suggested parking layout until Building 2 and 3 are removed. 2. There will be a 17' or more grassy area running along the East side of the parking lot blocked from view of the road by a continuous row of arborvitae. The elevation is also well below the road to block headlight bleed. ( See Parking exhibits A, Band C) 3. The only neighbor bordering this property is to the south. He has an 6' high vinyl fence serving as a visual block to this property. A two foot berm will be added, approximately 10' onto Parcel B. 2' Black Hills Spruce will be planted on the berm every 15 feet and staggered as noted on the Landscaping Plan Parcel B. This is a fast growing and a denser tree than other spruce trees. Fourteen (14) Trees will be planted. Also planted will be six (6) Lilac Bushes in front of the very old cottonwood tree. See landscaping site plan for locations. 4. Future additional Parking will be on the South property line as noted on the proposed site plan. That will be added as assembly area is increased in the future. Total parking will be a maximum of 52 spots limiting the assembly size of any future building to 156 people. c. The addition of Berms a. A berm will be added to the south property line as noted above under parking. See the proposed site map for location. b. A berm will be added to the center east portion of the lot following the line of Biscayne to the northwest corner of the lot. See the proposed site map for details. d. The removal of outbuildings 1, 2 and 3. All three current outbuildings will be totally removed from the property in accordance with the limitations placed on us in the contract for deed with Mr. Leonard Lipinski. See the attached letter limiting the time of removal of out buildings 2 -3 to preserve equity for Mr. Lipinski. Building 1 will be removed by Fall 2011. Buildings 2 and 3 will be removed after the execution of the contract for deed on August 1, 2012. 5. Landscaping standards for a church or place of worship shall be greater than the surrounding residences to mitigate the greater scale of 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. a. The parking lot is totally obscured by vegetation with the exception of the entry area. b. Note exhibits A, B, and C. The lot is already very obscure by trees and bushes and is a pleasing visual to any adjacent traffic on Biscayne Avenue. We are not proposing any required vegetation on the new berm along the road. There are no neighbors who have a visual from the north, west, or east of the property. c. The south property line will be planted with Black Hills Spruce as noted on the proposed landscaping site plan and as noted under "parking" above. d. Any additional landscaping should be optional to Cedarwood. 6. The maximum lot coverage for churches and places of worship shall be thirty percent (30 %). Note the proposed reclamation site plan. The current imperviousness of the site is over seventy percent (70 %) of the total of Parcels A and B. The initial reclamation of gravel parking to grassy green areas will bring that to approximately eleven percent (11 %). That greatly impacts the flow of water on this lot. a. Swale added to the western property line to mitigate water run -off through a long grassy ditch 2' in depth. See proposed site plan for details b. Making use of the current Bituminous area, adding green areas adjacent to both side of the parking lot and extending the current culvert under the widened entry will greatly soften the amount of water flowing to the north of the lot. Our engineer does not think rip rap or curbs are necessary. See the water calcs on the proposed site plan. Other Pertinent Material Support 1. Water, Septic and Capacity Reports The current septic system has two (2) 1000 gallon tanks and was designed to handle 450 gallons of waste a day. It will support a congregation of 110 and is easily expandable as noted on the report enclosed. 2. Assembly Space in the Current Building a. A blueprint is included that shows changes to the main assembly area. Based on church use we have estimated 66 persons allowed. Parking has been appropriately addressed. b. A second assembly area on the plan is for children only. They meet separate from their parents in a junior church setting. It includes ages 2 -12 and adult supervision. We estimate this area to be suited for 56 people. c. The main assembly area is the concern for parking count. It would encompass all adults present on the property. The second assembly area involves non - drivers and would not affect the amount of cars on the lot. d. A future expansion of the adult assembly area could only reach 156 people based on the amount of available space for future parking as noted on the proposed site plan. 3. Interior Blueprint changes to home for worship assembly. Included in this report is the blueprint of changes we plan to make to the interior of the building we are using at 12139 Biscayne. 4. Builder Information Mark Thyren Thyren and Company License # 6425 (state of Minnesota) 16519 Gunflint Trail Lakeville, MN 55068 5. Site Developer and Survey Grant Jacobson Jacobson Engineers and Surveyors 21029 Heron Way Lakeville, MN 55044 6. The Chronological Time table upon issue of CUP. September 2010 Apply for building permits for Interior and exterior projects October 2010 Parking lot and entry to be extended and completed October 2010 Finish interior remodel of Assembly area with all interior Projects completed by July 2011. October 2010 Begin applying Nova Brick to Exterior of the house Completed by May 2011 or sooner October 2010 Begin fashioning berms and swales according to plan Finish by October 2011 May 2011 Begin plantings for landscaping improvements including seed or Sod for grassy areas Finished by October 2011 June 2011 Begin removal of Building # 1 Completed by August 2011 August 2012 Remove Buildings 2 and 3 Completed by November 2012 Future The current location of the Main building will be the pad for future expansion. The parking lot will be expanded when the building space is Expanded in accordance with local building ordinances. cl, /ZZ Its Z H M Q' Z 8:) 0O �F w M V) < 0 jr td g5t, Ulp ➢ :: CL >- WPM 01 2. 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E ° o O y � y ' t c� o O O Z Leonard Lipinski 19 63`d St. East Inver Grove Heights, MN 55077 City of Rosemount Eric Zweber — Senior Planner Rosemount, MN 55068 Dear Eric, Pastor Berg has asked me to write a letter concerning the existing garages on the property at 12139 Biscayne Ave in Rosemount. I have a contract for deed with Cedarwood Church and I am not in favor of removing those two upper garages until the maturation date of the contract with Cedarwood Church on August 1, 2012. 1 believe it is not in my best interest to allow removal while I hold the deed since it will devalue my property in the event the contract is not executed. Please allow Cedarwood Church to work with you on a removal date after August 1, 2012. Cedarwood Church must have my approval for all work to be done on the property over $1500.00. 1 will allow for the extension of the parking lot, the changes they have to make on the exterior of the building and on the interior of the building, landscaping changes and reclamation of gravel areas to grassy areas and the berms required by the city since those things are value added projects. Thank you for your understanding. Sincerely, Ao'�� 4�7�- Leonard Lipinski �C ROSEMOUNT PUBLIC WORKS MEMORANDUM DATE: September 15, 2010 TO: Eric Zweber, Senior Planner CC: Kim Lindquist, Community Development Director Andrew Brotzler, Director of Public Works /City Engineer Dan Schultz, Park & Recreation Director Kathie Hanson, Planning Department Secretary FROM: Phil Olson, Project Engineer RE: Cedarwood Church Plan Review Submittal: Cedarwood Church Site and Grading Plan prepared by Jacobson Engineers & Surveyor's, dated September 14, 2010. The following review comments were generated from the following documents included in the submittal: 1. Site and Grading Plan, Sheet No. C -2/2, Cedarwood Church, Rosemount, MN — dated September 14, 2010 Grading Plan Comments: Wood fiber erosion control blanket has been added to the plan set within the ditch along Biscayne Avenue. Rock ditch checks or other forms of permanent erosion control are required within the segment of the Biscayne Avenue right -of -way that will channelize stormwater at a slope of 12.5 %. Should you have any questions or comments regarding the item listed above, please contact me at 651- 322 -2015.