PUBLIC HEARING: Consider Request for a Conditional Use Permit for the Operation of a Religious Institution in the B-1 General Business District (Project No. 18-151); Case of House of God Church

The City has received an application from House of God (the "Applicant") for a Conditional Use Permit to operate a religious institution on the property located at 5909 167th Ave NW (the "Subject Property").  The Subject Property is zoned B-1 General Business District, which presently does not identify Religious Institutions as either a permitted or conditional use.  However, the Planning Commission did conduct a Public Hearing on September 6, 2018 concerning a Zoning Text Amendment that, if adopted by City Council, would identify Religious Institutions as a Conditional Use in both the B-1 and B-2 Business Districts.

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

The Subject Property has an existing, vacant building (formerly a bank) on it that the Applicant is proposing to utilize for their religious institution.  Properties to the west and south (across 167th Ave) are both also zoned B-1 General Business District; the property to the east (across Highway 47) is zoned PUD and is part of the golf course; and the property to north is zoned R-1 Residential (Rural Developing).  The Subject Property is approximately one (1) acre in size, have a paved parking lot, and is served by a private well and septic system.

The church has approximately eighty (80) members, including children and would primarily hold services on Wednesday evenings and Saturdays.  The Site Plan does show thirty-eight (38) parking stalls, which based on the proposed seating and office space, would comply with the minimum parking standards.  However, there is not really any room for additional parking on the Subject Property, which, by default, will limit the ability of this religious institution to expand its membership.

The Applicant has already had a walk-through of the building with the Building Official and Fire Marshall to understand what modifications would be necessary based on the change of use (mostly minor items related to exiting and lighting).  A compliance inspection of the septic system is required and it is possible that the system will need to be upgraded for capacity and code compliance.
 
There are existing encroachments into the Highway 47 road right-of-way that will also need to be addressed.  The Applicant is aware that the drive-thru canopy and the existing ground sign are both either partially or entirely in the right-of-way and need to be removed.

Alternatives

Alternative #1.  Recommend City Council approve Resolution #18-208 granting a Conditional Use Permit for a religious institution on the Subject Property.  The proposed use seems reasonable for the Subject Property.  There appears to be adequate space for parking to accommodate the existing membership.  Only minor interior building modifications will be necessary to accommodate the change in use.  The Applicant is aware of the existing encroachments that would need to be eliminated, which addresses an issue that's been known for sometime now.  The only potential concern has to do with future parking accommodations should the congregation grow.  However, the is always the possibility of a shared parking agreement with the adjacent property owner, should that be necessary.  Staff supports this alternative.

Alternative #2.  Recommend City Council deny the requested Conditional Use Permit.  Staff does not object to the proposed use of the vacant building on the Subject Property.  There appears to be sufficient parking area to accommodate the current size of the congregation.  A new user occupying this site will also help eliminate existing encroachments into Highway 47 right-of-way.  Staff does not support this alternative.

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

Staff recommends approval of Resolution #18-208 granting a Conditional Use Permit for the operation of a religious institution on the Subject Property.

Motion to recommend City Council approval of Resolution #18-208 granting a Conditional Use Permit for the operation of a religious institution on the Subject Property.