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Planning Commission Agenda 02-24-2014 (Special Meeting) AGENDA MONTICELLO PLANNING COMMISSION SPECIAL MEETING Monday, February 24th, 2014 - 5:30 PM Mississippi Room, Monticello Community Center Commissioners: Chairman Brad Fyle, Sam Burvee, Charlotte Gabler, Alan Heidemann, Grant Sala Council Liaison: Lloyd Hilgart Staff: Steve Grittman - NAC, Ron Hackenmueller 1. Call to order. 2. Public Hearing – Consideration to approve an interim ordinance allowing places of Public Assembly on a temporary basis as a principal or accessory use in a B-3 (Highway Business) District by Interim Use Permit and to approve an interim use permit for a Place of Public Assembly in a B-3 District. Applicant: Faith Family Life Center 3. Adjourn. Planning Commission Agenda – 02/24/14 1 2. Public Hearing - Consideration to approve Interim Ordinance #590, allowing places of Public Assembly on a temporary basis as a principal or accessory use in a B-3 (Highway Business) District by Interim Use Permit and to approve an interim use permit for a Place of Public Assembly in a B-3 District. Applicant: Faith Family Life Center (NAC) Property: Legal: Lot 1, Block 1, Gould Addition Address: 3939 Chelsea Road West Planning Case Number: 2014-010 A. REFERENCE & BACKGROUND Request(s): Consideration to approve an interim ordinance allowing Places of Public Assembly on a temporary basis as a principal or accessory use in a B-3 (Highway Business) District by Interim Use Permit and to approve an interim use permit for a Place of Public Assembly in a B-3 District. Deadline for Decision: April 11, 2014 Land Use Designation: Places to Shop Zoning Designation: B-3 Highway Business District The purpose of the B-3 Highway Business District is to provide for limited commercial and service activities and provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. Overlays/Environmental Regulations Applicable: Freeway Bonus Sign District Current Site Use: Vacant; former car dealership Surrounding Land Uses: North: Interstate 94 East: Commercial South: Commercial (Vacant) West: Commercial Project Description: Faith Family Life Center is seeking an interim ordinance amendment and interim use permit to allow Planning Commission Agenda – 02/24/14 2 the use of the former car dealership at 3939 Chelsea Road West in the B-3 District as a place of public assembly through the termination of an existing lease in August 2014. ANALYSIS Interim Ordinance Amendment The purpose of an interim ordinance is to allow a municipality to put temporary standards in place applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety and welfare of its citizens (MS§462.355 Subd.4). Within the duration of the interim ordinance, the city must also initiate a study to evaluate the potential impact of a policy to consider changes to its land use controls. Faith Family Life Center has a lease arrangement through August 2014 to occupy the former Cornerstone Chevrolet dealership at 3939 Chelsea Road West. The proposed use of the facility is as a place of public assembly. The ordinance defines a place of public assembly as follows: An institution or facility that congregations of people regularly attend to participate in or hold meetings, workshops, lectures, civic activities, religious services, and other similar activities, including buildings in which such functions and activities are held. This definition includes churches, fraternal lodges, and social clubs. A place of public assembly is a permitted use in the B-2 Limited Business District and a conditional use in the CCD, R-1, R-2, TN, R-3, and R-4 Districts. The location in question falls within the B-3 Highway Business District where a place of public assembly is not permitted. In order to determine the potential impact of allowing a place of public assembly in a zoning district where it is not currently permitted, the city may pass an interim ordinance to allow the use to operate within the district for a specified length of time, not to exceed one year. During this time, the city must study the issues raised by permitting a place of public assembly in various zoning districts in the city. The city would also issue an interim use permit to the applicant outlining conditions under which they may temporarily operate while the issue is under study. Interim Use Permit As this is a temporary use of the property that would not otherwise be consistent with the purpose and intent of the B-3 Highway Business District, the process to allow this use is via an interim use permit. Interim uses are allowed for a brief period of time Planning Commission Agenda – 02/24/14 3 provided certain conditions are met, and a specific event or date can be established for discontinuance of the use. Overview of Proposed Use Faith Family Life Center has submitted a brief narrative outlining the intended activities of their organization. These include:  Food shelf; utility assistance; Thanksgiving/Christmas baskets  Home maintenance assistance for seniors (yard care, snow removal, home repairs)  Car care services  After school programs  Summer/day camps  Outdoor concerts; other youth activities  Training center or accredited college  Funeral home  Addictive rehabilitation center  Counseling services  Financial planning services  Police chaplaincy program The applicant has stated that they are a new organization working to build capacity to occupy a permanent space and are seeking a large facility to accommodate their proposed programming. The applicant has stated that they will be utilizing signage to generate visibility and advertise meeting times. Interim Use Permit Review Criteria Approval of an Interim Use Permit application requires that the City find that conditions can be established to ensure all of the following criteria will always be met: (i) The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. Comment: Approval of the interim use permit is contingent upon approval of an interim ordinance to allow for a place of public assembly as an interim use in the B-3 District. (ii) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, odor, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. Comment: It is anticipated that the majority of activities will occur within the existing building and are not expected to adversely impact adjacent properties. (iii) The use will not adversely impact implementation of the comprehensive plan. Planning Commission Agenda – 02/24/14 4 Comment: The study accompanying the interim ordinance will determine the compatibility with the comprehensive plan and issues associated with a place of public assembly in various zoning districts. (iv) The date, event, or change in circumstances that will terminate the use is identified with certainty. Comment: The interim use permit will run through the end of August 2014 by which time the study initiated by the interim ordinance will be complete and a final decision may be made with regard to Places of Public Assembly in various zoning districts. (v) The applicant has signed a consent agreement stating that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the Interim Use Permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. Comment: This statement will be required as a condition of the interim use permit approval. (vi) The applicant agrees to all conditions that the City Council deems appropriate to allow the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. Comment: The proposed use will be locating in an existing building previously utilized as a car dealership. As this is a change of use, the building inspector must determine if any building alterations are necessary to ensure health, safety and welfare. The applicant must also submit a proposed floor plan delineating proposed use areas and indicating the design capacity of the main assembly area so that a determination of off-street parking requirements can be made. The applicant must demonstrate that sufficient off-street parking and loading exists for the proposed uses. The applicant must obtain all other permits, licenses, and other applicable authorization as required for proposed activities. The applicant must submit a sign plan and obtain a sign permit in accordance with Section 4.5 (Signs). (vii) There are no delinquent property taxes, special assessments, interest, or City utility fees due upon the subject parcel. Comment: None are known. (viii) The interim use will adhere to any applicable additional criteria outlined in Chapter 5 for the proposed use. Comment: The information submitted by the applicant is brief and not comprehensive due to the start-up nature of the organization. The applicant shall provide additional information detailing activities that will be undertaken on the site during the interim period and will be subject to additional conditions as appropriate to ensure compliance with ordinance requirements. Planning Commission Agenda – 02/24/14 5 B. ALTERNATIVE ACTIONS Decision 1: 1. Motion to recommend adoption of Interim Ordinance #590, allowing places of Public Assembly on a temporary basis as a principal or accessory use in a B-3 (Highway Business) District by Interim Use Permit. 2. Motion to recommend denial of adoption of Interim Ordinance #590, based on findings to be made by the Planning Commission. Decision 2: 1. Motion to adopt Resolution 2014-015, recommending approval of an interim use permit for Faith Family Life Center, a Place of Public Assembly use, in a B-3 District, based on the findings in said resolution. 2. Motion to recommend denial of an interim use permit for Faith Family Life Center, a Place of Public Assembly use, in a B-3 District, based on findings to be made by the Planning Commission. C. STAFF RECOMMENDATION If the City Council believes that additional study of the potential issues and impact of permitting places of public assembly in various zoning districts is needed, adoption of the interim ordinance will allow time for this review. Adoption of the interim ordinance is a matter of policy for the Council. In terms of the interim use permit request, the applicant is proposing to locate within an existing building that has been vacant for some time. If the City Council adopts the interim ordinance, approval of the proposed interim use permit for a place of public assembly at 3939 Chelsea Road would give the City the opportunity to determine the issues and impacts of permitting a place of public assembly in zoning districts not currently permitted in the ordinance, with such a use in place. The interim use permit will also give the applicant an opportunity to further define their intended activities and associated facility needs. D. SUPPORTING DATA A. Site Location Aerial Image B. Applicant Narrative C. Interim Ordinance #590 D. Planning Commission Resolution 2014- 015 Z. Conditions of Approval Planning Commission Agenda – 02/24/14 6 Exhibit Z Conditions of Approval for an Interim Use Permit to allow a Place of Public Assembly in a B-3 District at 3939 Chelsea Road West. 1. The interim use permit shall be in effect from the date approved by the city council until August 31, 2014. 2. The building inspector must determine if any building alterations are necessary to ensure health, safety and welfare. The applicant shall be responsible for implementing all required building alterations. 3. The applicant must submit a proposed floor plan delineating proposed use areas and indicating the design capacity of the main assembly area so that a determination of off-street parking requirements can be made. The applicant must demonstrate that sufficient off-street parking and loading exists for the proposed uses. 4. The applicant must submit a sign plan and obtain a sign permit in accordance with Section 4.5 (Signs). 5. The applicant shall provide additional information detailing activities that will be undertaking on the site and agrees to be subject to additional conditions as appropriate to ensure compliance with ordinance requirements. 6. The applicant must obtain all other permits, licenses, and other applicable authorization as required for proposed activities. 7. The applicant must sign a consent agreement stating that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the Interim Use Permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. February 10th, 2014 Reg: Narrative for Land Use Application Faith Family Life Center occupying 3939 Chelsea Rd. W To: City of Monticello From: Mark Lillo 66753 rd St SE Buffalo, MN 55313 Description: Faith Family Life Center (FFLC) is a new ministry desiring to utilize the space provided by Cornerstone Automotive. Occupancy would be for the duration of the dealership's current lease which will conclude the end of August 2014. FFLC would provide ministry of worship, youth activities, and church functions such as, weddings and funerals. Office space would be used minimally during normal business hours with primary use of the property during weekend and weeknight periods. Parking is more than adequate with 188 customer stalls and 500 extended lot stalls. Our estimated parking during this time is projected to be 150 vehicles during service/meeting times. Signs are to be temporary such as a building banner for freeway frontage and an identifiable entrance. Thank you for your time and consideration, Mark Lillo Faith Family Life Center Community Vision: Enable change, promote growth, and achieve goals. Mission: To develop relationships and trust by reaching out to the immediate needs of the community. I. Outreach A. Benevolence: food shelf, utilities, Thanksgiving/Christmas baskets B. Senior Care: lawn, snow removal, house repair C. Car Care Ministry- single moms, elderly D. After School Kids Programs E. Camps: Summer and or Day F. Outdoor concerts, Youth activities G. Training Center or Accredited College H. Funeral Homes- Provide service for those who are in need. I. Addictive Rehabilitation Center J. Domestic abuse, marital counsel, divorce mediation, blended families, pre -marital counseling, financial planning seminars, etc K. Police Chaplaincy Program 1. North Memorial Hospital (at one time part of chaplaincy) 2. Hosted Officer Dewey's Memorial, Homeland Security, Gov, Senators, Diplomats along with Mn County Police depts. 3. Purchased K9 units, robotic bomb dismantle unit, financial aid. II. Location A. Need a larger facility to meet the above objectives B. Visibility 1. Starting with core group, no affiliation or backing 2. Ability to generate finances to occupy long term space 3. Experience FFLC in the full forum of who we are. 4. Advertise meeting times to grow- Signs Thank you! Pastor Mark Lillo 6675 3rd St SE Buffalo, MN 55313 February 6, 2014 ORDINANCENO.590 CITYOFMONTICELLO WRIGHTCOUNTY,MINNESOTA ANINTERIMORDINANCEALLOWINGPLACESOFPUBLICASSEMBLYONA TEMPORARYBASISASAPRINCIPALORACCESSORYUSEINAB-3(HIGHWAY BUSINESS)DISTRICTBYINTERIMUSEPERMIT THEMONTICELLOCITYCOUNCILORDAINSASFOLLOWS: WHEREAS,theCityofMonticelloshalladoptthisordinancetoallowtheCityofMonticello timetostudyandconsiderappropriatelandusecontrolsregulatingplacesofpublicassembly; and WHEREAS,theCityofMonticelloispresentlyconductingaplanningstudyforthepurposeof consideringamendmentofitsofficialcontrolsregardingappropriateusesinzoningdistricts;and WHEREAS,thereisaneedforastudytobeconductedsothattheCitycanreviewitslanduse zoningregulationstoidentifythepotentialissuesandimpactofpermittingaplaceofpublic assemblyinvariouszoningdistricts;and WHEREAS,thereisaneedforaninterimordinancetobeadoptedforthepurposeofprotecting theplanningprocessandthehealth,safety,andwelfareofthecitizensoftheCityuntilsucha studyhasbeencompleted. NOW,THEREFORE,BEITRESOLVED,bytheCityCounciloftheCityofMonticello, Minnesota: 1.PursuanttoMinn.Stat.§462.355,etseq.,theCityherebyadoptsandapprovestheorder forinterimordinancetemporarilyrelaxingMonticelloZoningOrdinanceUseStandards (Section5.1,Table5.1:UsesByDistrict)withintheCityofMonticello. 2.Thisordinanceshalltakeeffectandbeinfullforcefromandafteritspassageand publication.Itshallremainineffectuntiltheadoptionoftheofficialcontrols contemplatedhereinorSeptember1,2014,whicheveroccursfirst. 3.PlacesofPublicAssemblyshallbepermittedonatemporarybasisasaprincipalor accessoryuseinaB-3(HighwayBusiness)DistrictbyInterimUsePermit. ADOPTED BY theMonticelloCityCouncilthis24thdayofFebruary,2014. CITYOFMONTICELLO _______________________________ ClintHerbst,Mayor ATTEST: ______________________________ JeffO’Neill,CityAdministrator CITYOFMONTICELLO WRIGHTCOUNTY,MINNESOTA RESOLUTIONNO.2014-015 Date:February24th,2014ResolutionNo.2014-015 MotionBy:SecondedBy: ARESOLUTIONRECOMMENDINGTHEAPPROVALOFANINTERIMUSE PERMITFORFAITHFAMILYLIFECENTER,APLACEOFPUBLICASSEMBLY USE,INAB-3DISTRICT WHEREAS,FaithFamilyLifeCenterhassubmittedanapplicationforaninterimordinanceto permitaplaceofpublicassemblyviainterimusepermitintheB-3Districtat3939Chelsea RoadWest;and WHEREAS,aninterimordinancewillprovideanopportunityforthecitytostudythepotential issuesandimpactofpermittingsuchuseinvariouszoningdistrictsinthecity;and WHEREAS,thePlanningCommissionheldapublichearingonFebruary24,2014onthe applicationandtheapplicantandmembersofthepublicwereprovidedtheopportunitytopresent informationtothePlanningCommission;and WHEREAS,thePlanningCommissionhasconsideredallofthecommentsandthestaffreport, whichareincorporatedbyreferenceintotheresolution;and WHEREAS,thePlanningCommissionoftheCityofMonticellomakesthefollowingFindings ofFactinrelationtotherecommendationofapproval: 1.Theapplicantisproposingtolocatewithinanexistingbuildingthathasbeenvacantfor sometime. 2.Allowinguseofthefacilityasaplaceofpublicassemblyforaninterimperiodwill provideanopportunityforthecitytostudythepotentialissuesandimpactofpermitting suchuseinvariouszoningdistricts. 3.Issuinganinterimusepermitforaplaceofpublicassemblywillgivetheapplicantan opportunitytofurtherdefinetheirintendedactivitiesandassociatedfacilityneeds. 4.Conditionsofapprovalfortheinterimusepermitwillensurethattheproposedactivities willbeincompliancewithordinancerequirements. NOW,THEREFORE,BEITRESOLVED,bythePlanningCommissionoftheCityof Monticello,MinnesotarecommendspassageofaninterimordinanceallowingPlacesofPublic AssemblyonatemporarybasisasaprincipaloraccessoryuseinaB-3(HighwayBusiness) DistrictbyInterimUsePermitandtoapproveaninterimusepermitforaPlaceofPublic AssemblyinaB-3District. ADOPTED this24thdayofFebruary2014,bythePlanningCommissionoftheCityof Monticello,Minnesota. MONTICELLOPLANNINGCOMMISSION By:_______________________________ BradFyle,Chair ATTEST: ______________________________ AngelaSchumann,CommunityDevelopmentDirector