Request for an Interim Use Permit to Allow for the Operation of a Church in the B-1 Business District on the Property Located at 5900 167th Ave NW; Case of Rum River Retail Ventures, LLC

On October 3, 2011, the City received an application for an Interim Use Permit (IUP) from Rum River Retail Ventures, LLC to allow for the temporary operation of a church in the B-1 Business District. The church operation would be located in a multi-tenant facility located at 5900 167th Ave NW and would utilize the space for church offices, Sunday services and to provide other services, such as youth group meetings/activities, throughout the week.

Staff would like to note that over the last several years, we have seen a growing trend of Places of Assembly looking at existing commercial and industrial tenant space as potential locations for their operations rather than the more traditional, stand alone buildings.  Based on this trend, Staff believes that it may be appropriate now to consider certain revisions to City Code related to Places of Assembly and identifying this type of use as either a permitted or conditional use in certain business and employment districts. 

In accordance with State statute, Staff attempted to notify property owners within 350 feet of the subject property of the public hearing via Standard US Mail. The Public Hearing was also noticed in the Anoka County Union, the City's official newsletter for public notices.

There is currently an active IUP for this use (church operation in the B-1 Business District) on the Subject Property that will expire on January 2, 2012. When the initial IUP request was reviewed in 2008, essentially all aspects of the use were considered to be harmonious with the surrounding uses and there was and remains adequate parking on site for the use. However, the change in use in 2008 triggered the requirement of fire suppression as outlined in MN State Building Code Chapter 1306. However, there was an understanding that when the current IUP expired, the Property Owner would need to install a fire suppression per City Code or the church would need to relocate to an alternate location. Ultimately, Staff negotiated the term of the IUP down from five (5) to three (3) years and granted a provisional waiver to the fire suppression requirement due to the temporary use. The provisional waiver of the fire suppression requirement was strictly due to the temporary use of the property (three years), which provided the church time to locate a permanent site for its operation.

The Property Owner has now requested an extension of the IUP for a term of five (5) years. It is Staff's opinion that requesting a new IUP for the same use eliminates the temporary nature of the use and as such, fire suppression shall be required per MN State Building Code Chapter 1306.

The Planning Commission conducted on public hearing regarding this matter on November 3, 2011 and while the applicant was unable to attend that meeting due to another committment, he did submit a letter (included as an attachment) related to the fire suppression requirement. A representative of the applicant was present at the public hearing and reiterated the applicants concerns with the fire suppression requirement.  There were no other verbal or written comments received.

The new IUP request is for a full five (5) years. Staff has no objection to the use associated with the IUP request; however, Staff is only supportive of a nine (9) month term that includes very clear benchmarks to ensure that fire suppression is installed. This will provide some assurance that a fire suppression system is installed prior to the expiration of the IUP. A clearly defined schedule will provide the applicant with adequate time to plan, design, and construct the fire suppression system with ample time before the IUP would be scheduled to expire. Benchmarks that have been incorporated into the IUP include:
It is Staff's opinion that including these benchmarks will help ensure that there is progression toward installation of a fire suppression system. If the Applicant fails to comply with any of the aforementioned benchmarks, than the IUP would be subject to revocation as outlined in City Code Section 117-52.

The Planning Commission has recommended the City Council approve the IUP for nine (9) months with the aforementioned benchmarks being required.  The Planning Commission also recommends that should the applicant comply with the terms of the IUP, that the City Council consider waiving the future application/escrow fees to renew or extend this permit.

All costs associated with the application are the responsibility of the Applicant.

Motion to adopt findings of fact relating to the request for an Interim Use Permit to allow for a church operation in the B-1 Business District.

-and-

Motion to adopt Resolution #________ approving the request for an Interim Use Permit for a term of nine (9) months 
and declaring the terms as proposed.