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2012.06.11 PC Meeting Packet
CRYSTAL PLANNING COMMISSION AGENDA SUMMARY Monday, June 11, 2012 7:00 p.m. Crystal City Hall - Council Chambers 4141 Douglas Dr N A. CALL TO ORDER B. APPROVAL OF MINUTES • May 14, 2012 regular meeting C. PUBLIC HEARINGS 1. Consider Application 2012-03 for a Conditional Use Permit for a church in the C-2 General Commercial district at 4835 West Broadway * 2. Consider Application 2012-04 to divide 6507 41St Avenue North into two parcels so that the south 135 feet may be added to the adjacent park * D. GENERAL INFORMATION 1. City Council actions on Planning Commission items ** 2. Staff preview of likely agenda items for July 9, 2012 meeting ** E. OPEN FORUM F. ADJOURNMENT * Items for which supporting materials will be included in the meeting packet ** Information to be provided at the meeting Pagel of 3 CRYSTAL PLANNING COMMISSION MINUTES May 14, 2012 Council Chambers, Crystal City Hall A. CALL TO ORDER x The regular meeting of the Crystal Planning Commission convened at 7 00 p m .. ith the followina members oresent: 1.9 L X Commissioner (Ward 1) X Commissioner (Ward 2) ❑ Commissioner (UVard 4) Sears [Secretary] Whitenack [Chair] ***vacant*** X Commissioner (Ward 1) X Commissioner (Ward 3) X Commissioner (Ward 4) Heigel VonRueden Johnson X Commissioner (Ward 2) X Commissioner (Ward 3)" X Commissioner (At - Erickson Buck [Vice Chair] Large) Strand Also present were Council Liaison John Budziszewski and city staff members John Sutter and Corinne Elfelt, APPROVAL OF MINUTES Commissioner Heigel to approve the Motion carried unanimously. 1. Consider "Application 2012-2 for a Conditional Use Permit for RiverTree School at 3733 Vera Cruz Avenue North (currently Bethany Russian Baptist Church) Staff member,"John Sutter, presented the staff report. Commissioner Whitenack asked about the current congregation size. Although exact figures were not known, Planner Sutter estimated the congregation was in excess of 1,000. Commissioner Whitenack asked if the shed issue was resolved that the Planning Commission had dealt with in the past. Planner Sutter indicated a shed had not been built. Chair Whitenack opened the Public Hearing. The following were heard: WPLANNINGTIanning Commission\2012\05.14\minutes.doc Page 2 of 3 Tom Mooney addressed the commission with his concerns about parking on city streets, the amount of traffic drop off and pick up of 208 students would generate each day and the speed of the vehicles on Welcome Avenue. Rodney Nelson, representing RiverTree School, addressed the commission. He stated the school presently has 36 students. Their goal is to have approximately 180 students which would mean approximately 50-60 cars. Drop off and pick up currently occur at 8:05 — 8:20 a.m. and 3:30 — 3:45 p.m. respectively. Typically more than one student is being transported in each vehicle. Commissioner Whitenack asked Mr. Nelson if he thinks there will be a time when vehicles will be stacked out on to the street for drop off"or pick up of students. Mr. Nelson did not see this as a future issue. Mr. Whitenack did suggest that a traffic consultant do a flow analysis of the project. Commissioner Heigel commented on the need for the students _to be respectful of the single family homes adjoining the property. Lee Beaner addressed the commission She',expressed her concerns regarding the congregation keeping the parking within the";parking lot and the need to keep events small scale. Planner Sutter informed Ms'.`-,Beaner that a written request can be made to the city engineer regardtggrpossi'le addition of "resident parking only" signs with or without this change in use ofitte property. Mr. Nelson addressed Ms. Beaner's concerns regarding parking. Mr. Nelson feels the parking issues will vastly diminish, if the church begins to overflow the sanctuary, they would be too big to have as a tenant for the school. Mr. Nelson stated the school bas a play each spring that is their biggest event of the year. James Truax addressed the commission. Mr. Truax stated he lives right next to the property and owns "t -he" -four properties on Vera Cruz to the south. Mr. Truax' comments and concerns` included the use of the black top area for play by the students, any possible plans for fencing between the houses and the parking area, the number of staff on site, where staff is from, will there be food service and the_�loin-. term vision for the school. Mr. Nelson stated that the children will play on the black top area and will be respectful of the privately owned homes adjoining the parking area. There will be a maximum of 20 staff members on site. Staff are from the metro area including Crystal, New Hope, Maple Grove, and Richfield. Currently students bring their own bag lunch but the school would look into making the kitchen usable for possible future use on a limited basis. The goal of the school is to educate children in the best way possible on a small campus. If the school should outgrow this campus, they would likely add another campus elsewhere. With no further discussion or testimony, Chair Whitenack closed the Public Hearing. GAPLANNINGTIanning Comm ission\2012\05.14\minutes.doc Page 3 of 3 Moved by Commissioner Strand and seconded by Commissioner Buck to recommend to the City Council to approve Application 2012-02 for a Conditional Use Permit for RiverTree School at 3733 Vera Cruz Avenue North, subject to findings of fact and conditions of approval in the staff report. Motion carried unanimously. D. GENERAL INFORMATION 1. City Council actions on Planning Commission items 2. Quarterly Development Status Report 3. Staff preview of likely agenda items for June 11, 2012 meeting -include a conditional use permit for a church in a commercial area. E. OPEN FORUM Commissioner Heigel asked for a construction update on various items that had been approved by the Planning Commission in the past. F. ADJOURNMENT Moved by Commissioner Sears and seconded `by, Commissioner Heigel to adjourn. GAPLANNINGTIanning Comm ission\2012\05.14\minutes.doe M E M O R A N D U M DATE: June 5, 2012 TO: Planning Commission (June 11, 2012 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director SUBJECT: Public Hearing (Application 2012-03): Consider a Conditional Use Permit for Full Proof Ministries at 4835 Welcome Avenue North A. BACKGROUND The subject property contains a building and associated parking lot. The original, one- story southern part of the building contains 4,326 sq. ft. and is being used by Full Proof Ministries. The 1985 -built addition contains 5,925 sq. ft. on the main floor plus a 4,000 sq. ft. mezzanine level and is used by Thomas Tool & Supply. The parking lot contains 40 spaces. The property is zoned C-2 General Commercial. Institutional uses such as churches are conditional uses and the property owner, TDK Partnership, and Full Proof Ministries have applied for a conditional use permit ("CUP"). Notice of the Planning Commission's June 11, 2012 public hearing was mailed to property owners within 350 feet of the subject property and published in the Sun Post on May 31, 2012. No comments have been received. The following Exhibits are attached: A. Spring 2009 (overhead) and Fall 2011 (oblique) aerial photos B. Narrative and floor plan submitted by the applicant C. Site Plan (1985) B. STAFF COMMENTS A conditional use permit may be granted for the proposed use provided that the following requirements are met (515.33 Subd. 4b): 1) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. West Broadway is a county road but Hennepin County is planning to turn it back to the respective municipalities in the future, at which 4835 WEST BROADWAY - CUP (Full Proof Ministries) PAGE 1 OF 3 time it would likely be reclassified as a municipal state aid street. Either way, the abutting street and surrounding street network is adequate to accommodate the proposed use. The parking lot is accessed primarily from West Broadway and secondarily from the alley. There are sidewalks present around the perimeter of the block, and extending north along West Broadway, south along Welcome Avenue and west along 48t Avenue. 2) The City Council determines that all applicable requirements of Subsection 515.05, Subdivision 3 a) and Section 520 are considered and satisfactorily met. a) 515.05 Subd. 3 a): In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied in determining whether to approve a conditional use permit request: 1) The consistency of the proposed use with the comprehensive plan. 2) The characteristics of the subject property as they relate to the proposed use. 3) The impact of the proposed use on the surrounding area. The city council may impose transferability limitations, renewal requirements, hours of operation limitations or other operational restrictions as a condition of approval of any conditional use permit if determined by the council to be necessary to address anticipated impacts of the proposed use. The proposed non -concurrent church use within an existing commercial building is consistent with the General Commercial guidance in the Comprehensive Plan. The property has 40 parking spaces which will be a limiting factor in the size of the congregation. The minimum parking space requirement is 4 spaces, plus 1 space per 3 seats in the sanctuary/meeting hall. 40 — 4 = 36; 36 x 3 = 108 seats maximum. (Note: Fire or building code requirements may also limit the capacity of the room; in such cases the most restrictive limit shall apply.) The proposed use described in the submitted narrative and site/building plans would not create significant negative impacts on the surrounding area, provided that the proposed use is accommodated on the subject property, does not spill onto adjacent public streets or private property, and operates in compliance with city code and the CUP approval conditions approved by the City Council. 4835 WEST BROADWAY - CUP (Full Proof Ministries) PAGE 2OF3 b) Section 520 (Site Plan Review) Does not apply in this case because the site improvements are already in place. C. REQUESTED ACTION Staff recommends approval of the requested conditional use permit for Full Proof Ministries, a church use non -concurrent with the existing commercial use within the same building. The recommended findings of fact are in bold text in Section B of this report. In light of these findings, the recommended conditions of approval are as follows: The sanctuary/meeting hall may not exceed 108 persons in attendance at any time. In the event that other requirements such as building or fire codes are applicable, then the most restrictive limit shall apply. 2. Due to limited and shared parking on the site, Full Proof Ministries' worship services, meetings or other large gatherings may not occur when the adjacent commercial use (presently Thomas Tool) is open. 3. All motor vehicle parking shall be accommodated on the subject property in accordance with Section 515.17. If spillover parking onto adjacent public streets or private property occurs, then seating in the sanctuary must be reduced or other operational adjustments must be made to bring parking demand back in line with the available off-street spaces. 4. Thomas Tool & Supply is addressed as 4901 West Broadway, and Full Proof Ministries shall be addressed as 4835 West Broadway (not Welcome Avenue) because its only practical frontage is on West Broadway due to the realignment of Welcome Avenue when it was reconstructed in 2009. 5. This Conditional Use Permit shall not be transferable to a user other than Full Proof Ministries. If the Planning Commission is in agreement with staff, then the findings of fact and conditions of approval from the staff report should be referenced in the motion. If not, alternate findings of fact, and conditions (if any) should be stated in the motion. Planning Commission action is requested in the form of a recommendation to the City Council. The City Council will consider the application on June 19, 2012. 4835 WEST BROADWAY - CUP (Full Proof Ministries) PAGE 3 OF 3 Parcel 09-118-21-31-0121 ID: Owner Tdk Partnership Name: Parcel 4835 West Broadway Address: Crystal, MN 55429 Property Commercial -Preferred Type: Home- Non -Homestead stead: Parcel 0.93 acres Area: 40,646 sq ft A -T -B: Torrens Map Scale: 1" = 200 ft. N Print Date: 6/5/2012 Market $900,000 Tota I: Tax $36,666.12 Total: (Payable: 2012) Sale $1,200,000 Price: This map is a compilation of data from various sources and is furnished "AS IS" with no Sale representation or warranty expressed or Date: 06/2003 implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. Sale Sale Includes More Code: Than One Parcel COPYRIGHT © HENNEPIN COUNTY 2012 Th[nk Gireen!'. I May 15th 2012 Attention: City Of Crystal Re: Proposal Purpose of 4835 West Broadway LISTRY LOGIC Y SMITH WILLIAMS h 763-537-4969 Full Proof Ministry Church of God in Christ has a desire to help fulfill Spiritual needs for any- one looking for Bible study in the Community. Our proposal to use 4835 West Broadway Crystal MN 55429 on the following days and times. Thompson Tools will not be open for business. We will have full use of the entire parking lot. Please see time and days below. Monday, Wednesday and Friday Prayer 6pm-7pm Tuesday Evening 7pm-9pm Thursday Evening 7:30 pm 9:30pm Saturday fpm-4pm Sunday morning 9am-12:30pm Respectfully Mr. Johnnie B. Williams Mrs. Lucy Smith Williams 4835 West Broadway Crystal MN 55429 fullproofministry@gmail.com yuan-� 6M-e-ance- Cid Orr, 'Lp 90 x 2�d r iA, n Tes r2a6-)m Al .9 I ,] 17v G � - / ILIn .L s PQ M E M O R A N D U M DATE: June 5, 2012 TO: Planning Commission (June 11, 2012 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director( SUBJECT: Public Hearing (Application 2012-04): Consider a Lot Split at 6507 41St Avenue North to expand the adjacent park (Hagemeister Pond Preserve) Hagemeister Pond Preserve got started in 1999 when the original 4.5 acre parcel was acquired after a lengthy condemnation battle to eliminate a dilapidated house which was a neighborhood eyesore and safety hazard. Since then, the city has completed eight voluntary acquisitions to gradually expand the park to 7.6 acres. The subject property is 100 feet wide and 317 feet deep, with an area of 31,839 sq. ft. (0.73 acres). Existing improvements include a house, driveway and storage shed. The owners approached the city about purchasing the rear 135 feet of their lot, or 13,561 sq. ft., for expansion of the adjacent park (Hagemeister Pond Preserve). Of the improvements, only the storage shed is located on the south part of the property. The owner will move the storage shed onto the north part of the property prior to the sale of the south part to the city. This acquisition was contemplated in the 2000 master plan for the park and is one of three remaining acquisitions needed to straighten out its north and west boundaries. The following Exhibits are attached: A. 2009 aerial photo of Hagemeister Pond Preserve B. 2009 aerial photo of the subject property C. Property survey Notice of the Planning Commission's June 11, 2012 public hearing was mailed to property owners within 350 feet of the subject property and published in the Sun Post on May 31, 2012. No comments have been received. The proposed lot split would not create any setback, lot area or similar nonconformities and is in compliance with city code. Staff recommends approval. Planning Commission action is requested. The City Council will consider the lot split at its June 19, 2012 meeting. 6507 41sT — LOT SPLIT (Hagemeister Pond Preserve) PAGE 1 OF 1 : O , , , .§,,. :Mr - y ?§. : : : J < x I (I S 0 / �Block Wall 0. l ' West of Lore Overhead Wires map maple oak 24 nor Gulf N V h m u s J�, 9 i4 ZE Zn g.cZ.OL'oo s 00'9£t9 Mo �.Oo s -T ;�7 .... M.69.80>00 00'9£L a .69go.00 s