Loading...
HomeMy WebLinkAbout6.k. Request by Al-Madina Association for a Conditional Use Permit for a Place of Worship in the R1-Low Density Residential Zoning District EXECUTIVE SUMMARY City Council Regular Meeting: April 19, 2022 AGENDA ITEM: Request by Al-Madina Association for a Conditional Use Permit for a Place of AGENDA SECTION: Worship in the R1-Low Density Consent Residential Zoning District PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 6.k. ATTACHMENTS: Resolution; Excerpt from the March 29, 2022, Planning Commission Meeting Minutes; Site Location; Site Aerial; Site APPROVED BY: LJM Plan; Floor Plan; Fire Marshall’s Memo Dated March 25, 2022 RECOMMENDED ACTION: Motion to adopt a resolution approving a Conditional Use Permit for a place of worship at 2058 Bonaire Path West. SUMMARY The City Council is being asked to consider a request from the Al-Madina Association for a conditional use permit to operate a place of worship on the property located at 2058 Bonaire Path West. Places of worship are listed as a conditional use in the R1-Low Density Residential district. The applicant is proposing to repurpose an existing garage structure on the site into an assembly room. The site plan provided by the applicant demonstrates the ability to accommodate the number of parking stalls required by the City Code. While staff finds that the proposed site plan meets the requirements of the City Code for places of worship within the R1 zoning district and is recommending approval, staff’s recommendation contains conditions related to the requirements of the City’s building official and what would be needed to change the use of the garage structure to an assembly use. Issues such as fire suppression (sprinklers), the provision of restrooms, energy efficiency, as well as any structural requirements will need to be resolved prior to the issuance of a building permit. If the site plan changes significantly as a result of meeting the requirements of the building code, a formal site plan review will be conducted by the Planning Commission during a public hearing. The Planning Commission and staff are recommending approval of the request. Applicant & Property Owner: Al-Madina Association Location: 2058 Bonaire Path West Area In Acres: 3.94 Acres Comp. Plan Designation: Low Density Residential Current Zoning: R1-Low Density Residential PLANNING COMMISSION ACTION The Planning Commission held a public hearing during its meeting on March 29 to review this request. The Commission received one public comment related to concerns about parking on nearby streets. The plans provided by the applicant meet the off-street parking requirement for the proposed use, but the site does have additional room to accommodate an expansion of parking if needed in the future. The Planning Commission asked whether a conditional use permit runs with the land or if a new property owner conducting a similar use would be required to receive a new conditional use permit. Staff explained that if the conditions on the site remain the same, the conditional use permit would remain valid. The Commission also inquired about adjacent uses. The land immediately east and south is owned by the City, therefore no development will occur on those sides of the property. To the west is a residential parcel that extends the entire distance from Bonaire Path to Connemara Trail that may at some time be subdivided into single-family parcels, but staff has seen no indications that would occur any time in the near future. The Planning Commission voted unanimously to recommend approval of the request. BACKGROUND The subject property is comprised of a single parcel containing two residential structures, two garages, and two small utility sheds. The applicant is proposing to convert one of the garages into an assembly space and to use the residential structures for meeting and office purposes. The site currently is served with a private well and septic system, although the septic is failing and needs replacement. Municipal sewer and water were provided to the subject parcel in 2007, and in accordance with the City Code the property should have connected to municipal services within 10 years. Meeting this requirement by connecting to the sewer and water stubs at the property line is included as a condition of approval in staff’s recommended action. There are several concerns related to bringing the site into compliance with the State building code in order to change the use from a residence to an assembly space. These requirements relate to energy efficiency, accessibility, fire suppression, and the provision of restroom facilities inside the assembly space housed in the converted garage. These issues must be addressed prior to issuance of a Certificate of Occupancy associated with a building permit to convert the use of the buildings on the property from a residential to an assembly use. ISSUE ANALYSIS Although the plans for the place of worship will not expand any of the existing buildings located on the site in any manner, the proposed activity is considered a conditional use under the City’s current zoning requirements. The only external work will be the paving of a parking area to provide the parking required by the zoning ordinance. Interior improvements involve remodeling the garage into an assembly space which will include any required accessibility, energy efficiency, and structural work. Zoning The site is guided for LDR-Low Density Residential uses and is within the R1-Low Density Residential zoning district. A church or place of worship is specifically called out as a conditional use in the district. Overall, the expected impacts of the proposed use should be minimal compared to similar uses in the R1 zoning district given its size. Site Plan The applicant is not proposing any new buildings on the site, and all the structures meet the required setbacks for the zoning district. The proposed use does require off street parking in the amount of one stall per three seats in the largest assembly room. While the use of the assembly space will likely be much smaller for the applicant’s specific use, the state building code identifies a maximum occupancy of 65 people. This means a total of 22 parking stalls are required. The applicant’s site plan shows 27 parking stalls, which exceeds what is required by the City Code. Conditional Use Permit Legal Authority. Conditional use permits (CUP) are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. Generally, if the application meets these requirements it must be approved. 2 Purpose. The purpose of conditional use permits is to allow for those uses which are not generally suitable by right within a given zoning district but may be suitable under some circumstances. The burden of demonstrating the proposed use meets the criteria for granting a conditional use permit and meeting all applicable standards lies with the applicant. As a conditional use, a place of worship located within the R1-Low Density Residential zoning district is required to meet the following condition in order to be permitted: 1. The property must have direct access onto an arterial or collector street or access to a local street within five hundred feet (500') of the local street's intersection with an arterial or collector street. The subject property has direct access onto Bonaire Path West, which is designated as a collector street in the City’s Comprehensive Plan. In addition to that district-specific condition, the proposed place of worship is also subject to the general CUP standards outlined in Section 11-10-7. These standards evaluate the City’s land use and zoning performance standards and the potential impact of the proposed use on the surrounding neighborhood; draft findings for each are provided below. 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. Finding: The proposed place of worship will not be detrimental to the public health, safety, or general welfare of the neighborhood or the City of Rosemount. Because no new structures are being proposed at this time, the use will have an appearance similar to other permitted residential uses. Other than the addition of an area for parking located behind existing structures on the site, no additional changes to the site are proposed, and all activity will be contained within the existing structure. 2. Will be harmonious with the objectives of the comprehensive plan and city code provisions. Finding: The subject property is designated LDR-Low Density Residential and is zoned R1-Low Density Residential. The City Code lists places of worship as a conditional use in that district, subject to the standard described above related to access along a collector or arterial street. 3. Will be designed, constructed, operated, and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Finding: There are no significant changes planned to the exterior of any of the buildings. And the essential character of the vicinity will be maintained. The applicant is proposing adding off-street parking as required by the City Code. 4. Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. Finding: The existing industrial building is served adequately by existing essential public facilities and services. The applicant will be required to connect to City sewer and water which is provided to the site, and the existing, failing septic system will be decommissioned. 3 5. Will not involve uses, activities, processes, material equipment and conditions of operation that will be hazardous or detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Finding: The proposed use will not generate any additional external impacts such as those listed above. The closest single-family residential structure is 450 feet from the proposed use. To the east and south of the subject parcel is a park and Fire Station 2, respectively. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. Finding: All existing vehicular ingress and egress will remain as presently located on the site and comply with the City access spacing and design requirements. 7. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. Finding: The proposed use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. 8. These standards apply in addition to specific conditions as may be applied throughout this code. Finding: The zoning ordinance requires the property to have direct access to an arterial or collector street or access to a local street within five hundred feet (500') of the local street's intersection with an arterial or collector street. The subject parcel’s location on Bonaire Path meets this requirement. RECOMMENDATION Planning Commission and staff recommends approval of a conditional use permit to establish a place of worship within an existing building at 2058 Bonaire Path West. While staff finds that the requirements of the zoning ordinance are met by the applicant’s proposal, there are significant concerns that the requirements of the state building code will not be able to be met with by the applicant’s plan to convert the existing garage into an assembly space. Therefore, staff is recommending the approval of this conditional use permit subject to the applicant received a building permit that meets those requirements as well as other requirements of the City Code related to the connection of the site to municipal services. 4 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2022- 45 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR 2058 BONAIRE PATH WEST TO ALLOW ESTABLISHMENT OF A CHURCH/PLACE OF WORSHIP, SUBJECT TO CONDITIONS WHEREAS, the City of Rosemount received an application from the Al-Madina Association requesting a Conditional Use Permit (CUP) to allow establishment of a church/place of worship at 2058 Bonaire Path West; and WHEREAS, on March 29, 2022, the Planning Commission of the City of Rosemount held a public hearing to review the CUP application allowing establishment of a church/place of worship and adopted a motion to recommend that the City Council approve this request, subject to conditions; and WHEREAS, on April 19, 2022, the City Council of the City of Rosemount reviewed and agreed with the Planning Commission’s recommendation to grant a conditional use permit allowing establishment of a church/place of worship at 2058 Bonaire Path West. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves a Conditional Use Permit (CUP) allowing establishment of a church/place of worship at 2058 Bonaire Path West, subject to the following conditions: 1.The applicant shall apply for and receive all required building permits to convert the existing garage to an assembly use. 2.The site shall be connected to municipal sewer and water. 3.The driveway shall be widened to 20’ to accommodate emergency apparatus, and the parking plan shall be amended to provide a turnaround that will accommodate emergency apparatus. 4.The parking lot shall be paved and striped in accordance with Section 11-6-1: Off Street Parking Requirements and expanded as needed to avoid parking on side streets. 5.The use shall conform with all requirements of the Fire Marshall’s memo dated March 25, 2022. ADOPTED this 19th day of April, 2022 by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Jessie Paque, Deputy City Clerk EXCERPT FROM THE MARCH 29, 2022, PLANNING COMMISSION MEETING MINUTES 5.a. Request by Al-Madina Association for a Conditional Use Permit for a Place of Worship in the R1-Low Density Residential Zoning District (22-04-CUP). Senior Planner Nemcek gave a presentation and summary of the staff report for the Planning Commission. Chair Kenninger questioned if the applicant doesn’t obtain the necessary building permits, does the Conditional Use Permit go away. Nemcek stated that a condition of approval is that the required building permits to convert the garage to an assembly use be obtained by the applicant and that the conditional use permit would not be valid if that condition is not met. Chair Kenninger also asked if another religious organization were to acquire the property would they have to obtain a new conditional use permit. Staff explained that conditional use permits run with the property and that as long as the conditions are met the permit would remain valid. The property owner would be able to use the CUP as long as all of the conditions have been met. Commissioner Rivera asked for confirmation about the timeframe in which the site would need to be attached to city sewer and water considering the septic system is failing. Staff explained that the requirement for a property to be connected to city services is regardless of whether the septic is failing. Commissioner Reed inquired about overflow parking, and how that would be handled. Nemcek described the parking requirements of the code, and how they are calculated. Typically overflow parking is taken into account in the formulas used to determine required parking. Commissioner Marlow wanted to know about any approvals related to the health code since often places of worship include a kitchen for service food. Issues related to the provision of commercial-style kitchens are not typically the purview of the Planning Commission and reviewed as part of the building process or through the State health department. The public hearing opened at 6:45 pm. Public Comments: Caleah Loesche,13548 Birchwood Ave, stated that the concern would be with the overflow parking on Birchwood Avenue and added traffic generated by the use. She would like to see something that prevented overflow parking within that neighborhood due to ongoing traffic concerns. Muhammad S Shahzad 14250 Ailesbury Ct, applicant, stated that the main worship activity will happen during the early afternoon on Fridays, and there are very few members of the organization at this time that it is unlikely there would be a need for overflow parking. There is also the potential to break services into two separate services to reduce the number of people attending at one time. Commissioner Rivera inquired about when there were other dates and times people would be attending. The applicant stated that there might be 6 people who show up at 6:00 p.m. during other days of the week. MOTION by Schmisek to close the public hearing. Second by Reed. Ayes: 7. Nays: 0. Motion Passes. The public hearing closed at 6:50 pm. Additional Comments: Commissioner Reed inquired about how the surrounding residents would report a potential issue. Nemcek stated that residents can reach out to the City of Rosemount or the applicant. MOTION by Kenninger to recommend the City Council approve a Conditional Use Permit for a Place of Worship at 2058 Bonaire Path West, subject to the following conditions: a. The applicant shall apply for and receive all required building permits. b. The site shall be connected to municipal sewer and water. c. The driveway shall be widened to 20’ to accommodate emergency apparatus, and the parking plan shall be amended to provide a turnaround that will accommodate emergency apparatus. d. The use shall conform with all requirements of the Fire Marshall’s memo dated March 25, 2022. Second by Hebert. Ayes: 7. Nays: 0. Motion Passes. MEMORANDUM To: Anthony Nemcek, Senior City Planner Adam Kienberger, Community Development Director From: Rick Chase, Building Official/Fire Marshal Date: March 25, 2022 Subject: 2058 Bonaire Path W 22-04-CUP The following comments are provided based on preliminary site plan review. • Change in use requires compliance with State building Code, State Fire Code, Mechanical Code, Energy code, Plumbing Code, Electrical code, and Accessibility code. In reviewing the information, it appears the existing structure will not comply with the current code. • Applicant will need to submit a complete code narrative of how the change in use will comply with the Codes and apply for all required permits. • Driveway width access road 20’ minimum. • Fire Department turn-around 150’ Max • Address required to visible from right of way. • Non- compliant septic system required to be removed. • Connection to City sewer and water required. Sincerely, Rick Chase Building Official/Fire Marshal