PUBLIC HEARING: Consider Request for Zoning Amendment (Text) to the B-1 and B-2 Business Districts and a Conditional Use Permit to Allow a Religious Institution on the Property Located at 6760 Highway 10; Case of CREES Ministries

The City has received an application from CREES Ministries (the "Applicant") requesting a Zoning Amendment to the text of the B-2 Business District to identify Religious Institutions as a Conditional Use and a Conditional Use Permit to allow a religious institution on the property located at 6760 Highway 10 (the "Subject Property").  The property is zoned B-2 Business District and is currently a retail operation that is going out of business.

Staff has brought forward zoning text amendments for both the B-1 and B-2 Business Districts to simplify the zoning code and refrain from bringing the same request forward in coming months for the B-1 district.
 

Staff attempted to notify all property owners within 350 feet of the Subject Property of the requested Conditional Use Permit and  Zoning Amendment via standard U.S. mail and published the Notice of Public Hearing in the Anoka County UnionHerald.

Zoning Districts

• The intent of the B-1 District is to provide a commercial area for goods and services for the surrounding neighborhoods and community on a smaller scale than the B-2 Highway Commercial District.
• The intent of the B-2 District is to provide for and limit the establishment of motor vehicle oriented or dependent and convenience type, high intensity commercial and service activities characteristically located along major traffic carriers.

Surrounding Communities

• Anoka allows religious institutions as a conditional use in their B-1 Highway Business District (Comparable to our B-2 District) and B-6 Neighborhood Commercial District
• Brooklyn Park permits religious institutions in all of their Business Districts (B-1, B-2, B-3, and B-4)
• Andover allows as CUP in their shopping center and general business districts.
• Champlin allows as CUP in C-1 (commercial-office business district), C-2 (commercial-general business district), and CN (neighborhood commercial district)
• Coon Rapids permits them in their PORT districts
• Maple Grove, Elk River, and Nowthen only allow religious institutions in their residential districts

Subject Property
6760 Highway 10 (the "Subject Property") is zoned B-2 Highway Business District and abuts Highway 10 to the north, properties zoned B-2 to the south and east, Riverdale Park to the southwest, and mixed use properties to the west including Slumberland and townhomes. There are 48 parking spaces onsite, which meets the minimum number of parking stalls based on the proposed number of chairs in the worship space.

Rental Space
The applicant has stated that the southern, 12,000 square foot building will be used as personal storage and rented boat and boat trailer storage. Indoor storage of recreational equipment is only allowed in this district when it is accessory to a sales and service use. Since the primary use is a religious institution, the only storage that may lawfully take place in the southern building is that of personal storage for Crees Ministries.

Alternatives
Alternative #1.  Recommend City Council adopt Ordinance 18-15 amending the conditional uses in the B-1 and B-2 Business Districts to include religious institutions and approve Resolution #18-182 granting a Conditional Use Permit for a religious institution on the Subject Property.  Amending the B-1 and B-2 Districts will affect all parcels within these zoning districts, not just the Subject Property.  The Subject Property is located within the B-2 Business District and this district is intended to accomodate high intensity commercial and service activities characteristically located along major traffic carriers. The proposed use arguably could fit within the intent of the B-2 Highway Business District; however, staff does have some concern about modifying the existing building to provide adequate parking for assembly-type uses.  Staff could be supportive of this alternative.

Alternative #2.  Recommend City Council adopt Ordinance 18-15 amending the conditional uses in the B-1 and B-2 Business Districts and approve Resolution #18-182 granting a Conditional Use Permit for a religious institution on the Subject Property contingent upon the Applicant providing an updated Site Plan to comply with City Code (namely, meeting the parking requirements for a religious institution) and having the Building Official and Fire Marshall walk through the space to ensure safety of those visiting the space. Amending the B-1 and B-2 Districts will affect all parcels within these zoning districts, not just the Subject Property. If the Planning Commission believes that it may be acceptable as a Conditional Use, a more detailed Site Plan should be required prior to consideration by City Council. Staff supports this alternative.

Alternative #3.  Recommend City Council not amend the conditional uses in the B-1 and B-2 Business District and to deny the request for a Conditional Use Permit.  Staff is not opposed to the proposed use or the proposed location. The Subject Property abuts Highway 10 (but does not have direct access to Highway 10), and is in proximity to residential districts, where these uses would typically be situated. Staff does not support this alternative.

Staff believes a conditional use is appropriate due to parking, traffic, and building occupancy classification to allow Planning Commission and City Council approval rather than Staff administrative approval. Typically, new buildings would need to go through site plan review anyway, so a conditional use would not add review time. 

The Applicant is responsible for all costs of this request, including the review of the Application.

Staff Recommends Approval of Ordinance #18-15 Amending Conditional Uses in the B-1 and B-2 Districts to Allow for Religious Institutions.

Staff Recommends Approval of Resolution #18-182 Approving CUP for a Religious Instituition at 6760 Highway 10.

Recommend Approval of Ordinance #18-15 Amending Conditional Uses in the B-1 and B-2 Districts to Allow for Religious Institutions.

Motion to Recommend Approval of Resolution #18-182 Approving CUP for a Religious Instituition at 6760 Highway 10.