Consider Request for Interim Use Permit to Allow Periodic Temporary Lodging Accommodations at the Property Located 14501 Nowthen Blvd NW; Case of Family Promise in Anoka County

The City has received an application for an Interim Use Permit from Family Promise in Anoka County (FPAC) to allow periodic, temporary lodging accommodations at their day center, which is located on the Lord of Life Lutheran Church campus. The day center operates out of a secondary building on the property, which is addressed separately and is generally known as 14515 Nowthen Blvd NW. FPAC provides temporary shelter for children and their families through a network of partner churches, which typically arrange for meals and lodging accommodations. Through FPAC's day center, program participants are able to shower, do laundry and conduct internet searches for both employment and housing.

Staff attempted to notify all Property Owners within 350 feet of the Public Hearing. A Public Notice was also advertised in the Anoka Union.

FPAC, through the Lord of Life Lutheran Church, initially approached the City in October/November of 2012 about utilizing a secondary building on the Lord of Life campus for their day center operation. FPAC stated that there would be no overnight stays at the day center. After researching the past use of the building, it was determined that counseling/support services had been offered there by Lord of Life Church. Those services had been moved into the principal building (the church) on the property to provide FPAC space for their operation. Based on the past use of the building, and typical accessory uses of churches, the City considered FPAC's day center operation to be substantially similar to the past use of the building, deeming it to be a lawful, non-conforming use.

The church campus has multiple zonings including R-1 (MUSA) Residential, R-2 Residential and R-3 Residential. There are multiple buildings on the property including the church and this secondary building where FPAC currently operates. The FPAC building is located in the R-1 (MUSA) district while the church is in the R-2 Residential district. The property adjacent to the FPAC building to the south is the site of the Stoney River development, which is zoned R-3 Residential, and the properties across Nowthen Blvd from the FPAC building are zoned R-2 Residential. The overall size of the property is approximately thirty-five (35) acres.

In March of 2013, FPAC had a 'gap' in their hosting schedule and thus, contacted the City requesting permission to provide overnight accommodations for a two (2) week period (last week of March and first week of April). This request was reviewed by City Staff and the City Attorney and it was approved on the condition that any future requests would not be considered without a more formal review process, such as applying for and obtaining an interim use permit.

In September of 2013, FPAC had another 'gap' in their hosting schedule and again contacted the City seeking permission to provide overnight accommodations for four (4) families plus one (1) staff person for one week in early October. Based on past communications, that request was deferred by City Staff for further review and consideration. It should be noted that in both instances, FPAC was able to find alternative accommodations for their program participants.

After reviewing their hosting schedule for 2014, which currently has commitments from partner churches for forty-seven (47) of the fifty-two (52) weeks, FPAC submitted an application for an interim use permit. FPAC is seeking permission to provide temporary emergency lodging accommodations for up to fourteen (14) 'guests' plus one (1) staff person. The Family Promise national model does not include overnight accommodations and this is not their preference; however, FPAC is making this request for the sole purpose of having a back-up plan in place if they are unable to find alternative accommodations (rather than potentially putting these families out on the street).

As noted previously, FPAC works with partner churches throughout Anoka County that arrange for meals and lodging accommodations for their program participants. FPAC does not cook any meals on site; in fact, their facility does not even have a stove. Through FPAC, families can do laundry and shower at the day center in addition to searching for employment and housing. Based on the activities currently occurring on site (showering, laundry, and dishwasher), there would not be much increase in water usage, which is important as this building is still serviced by a septic system. The septic system is new (installed in 2012) and was sized based on water usage data from FPAC's former place of operation in Coon Rapids. The design, however, did state that FPAC must also install a water meter inside the structure to monitor only water used for domestic activities (i.e. would not include irrigation). This was a precaution to ensure that the capacity of the septic system was not exceeded. It does not appear that a meter was ever installed.

Staff has been in contact with Anoka County Environmental Services to determine whether any type of lodging license would be required. The Minnesota Department of Health has delegated licensing of lodging establishments to Anoka County. As of the writing of this case, Staff has not heard had definitively from Anoka County Environmental Services whether this emergency temporary type of lodging would be subject to licensing. However, a term of the interim use permit does stipulate that FPAC would be required to obtain any and all applicable permits and/or licenses prior to commencing this use or provide documentation to the City that no such licenses or permits are required.

FPAC is requesting the interim use permit for the maximum allowable time of five (5) years. Also, they are seeking approval to provide temporary emergency lodging accommodations for up to twelve weeks per year at their day center (14515 Nowthen Blvd NW) for a maximum of fourteen (14) 'guests' and one (1) staff member. FPAC was agreeable to limiting this to no more than one (1) week per month.

The Planning Commission conducted a public hearing for this request at their November 7, 2013 meeting. There was one verbal comment received in support of the request and no written comments were submitted. The Planning Commission was supportive of the request, in fact, the Planning Commission directed Staff to revise the proposed interim use permit to allow for up to fourteen (14) weeks per year and to eliminate the restriction of only one (1) week per month. Furthermore, the Planning Commission acknowledged that this (the interim use permit) is a short-term solution and directed Staff to explore a more long-term solution, such as a zoning amendment, that would eliminate the need for an interim use permit in the future. The proposed Findings of Fact and Interim Use Permit have been amended to incorporate the revisions requested by the Planning Commission. Given the step that this interim step is required, the City would take the lead on the long term solution, with approval of the Property Owner.

Alternatives

Alternative #1: Approve the interim use permit as requested. FPAC follows the national model of Family Promise, which relies on faith organizations and volunteers to meet the immediate basic needs of food and shelter of homeless families. FPAC would prefer not to provide emergency temporary lodging for their 'guests' as that is contrary to the national model and puts additional strain on their staff. Thus, their request is solely for emergency situations in which they are unable to find a partner church to act as a host. Looking at their 2014 hosting schedule, there are only five (5) weeks that they have yet to secure a host. Furthermore, the water demands would not be substantially greater during times of overnight stays as the activities that consume the most water (showering, laundry and running the dishwasher once per day) are already occurring during the day. If a meter is installed to monitor the water usage, it could provide the data showing either that the current system has sufficient capacity for the use or that the system needs up-sizing for additional capacity.

Alternative #2: Approve the interim use permit with modifications.If additional conditions and/or findings that are deemed relevant and germain to the requested use are identified, the City Council could direct Staff to incorporate those conditions and/or findings into the documents and bring the case back for consideration at a future meeting.

Alternative #3: Deny the interim use permit. The intent of the interim use permit would be to provide an emergency fall back option for FPAC in the event that there are no other alternatives for their program participants. FPAC has been operating this their current location for approximately one (1) year now and, while they have made two (2) requests to the City to allow overnight accommodations at their day center facility, they ultimately have found a partner to provide the accommodations. As this is truly meant to be a temporary measure, Staff would not support this alternative.

All costs associated with this request are the responsibility of the Applicant.

The Planning Commission recommended approving the request for an interim use permit contingent upon installation of a meter, at the applicant's expense, on the inside of the building to monitor domestic water usage as it relates to the capacity of the septic system.

Motion to adopt Resolution #13-11-182 adopting Findings of Fact #0918 relating to the applicant's request for an interim use permit;

-and-

Motion to adopt Resolution #13-11-183 approving an interim use permit to provide periodic temporary lodging accommodations in the building generally known as 14515 Nowthen Blvd NW based on Findings of Fact #0918 and contingent upon the applicant installing a meter inside the building to monitor domestic water usage as it relates to the capacity of the septic system.