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

• Introduce Ordinance #18-15
• Adopt Resolution #18-182

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 subsequent Conditional Use Permit to allow a religious institution on the property located at 6760 Highway 10 (the "Subject Property").  The Subject 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. The Planning Commission met and held a public hearing on September 6, 2018.

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.

Proposed Use
The applicant has requested a Conditional Use Permit for a religious institution, Crees Ministries. Crees Ministries holds regular worship on Saturdays and Tuesdays. They have approximately 45 families split between two services. Staff believes there is adequate parking onsite.

The City Planner, Building Official, and Fire Marshal completed a walkthrough of the property on Tuesday, September 11th, 2018 to ensure that the building was safe for a gathering type use. The Applicant will need to provide the Building Official, Fire Marshal, and Planner additional information before receiving a Certificate of Occupancy (CO) for the new use.

The Planning Commission conducted a Public Hearing at their September 6, 2018 meeting.  There were no written or verbal comments received.

Alternatives
Alternative #1.  Adopt Ordinance #18-15 amending 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 Planning Commission supported this alternative.

Alternative #2.  Deny request. Deny Resolution #18-182 and deny Ordinance #18-15. This would retain the existing conditional uses in the B-1 and B-2 Business Districts and deny the request for a Conditional Use Permit.  The Planning Commission was 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. The Planning Commission did 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.

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

The Planning Commission Approval of Resolution #18-182 Approving CUP for a Religious Instituition at 6760 Highway 10.

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

-and-

Motion to adopt Resolution #18-182 approving a CUP for a Religious Instituition at 6760 Highway 10, contingent upon adoption of Ordinance #18-15.