Consider Request for a Zoning Text Amendment to the B-1 and B-2 Business Districts and 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

• Adopt Ordinance #18-15 (Zoning Text Amendment)
• Adopt Resolution #18-208 (Conditional Use Permit)

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, on September 6, 2018, the Planning Commission did conduct a Public Hearing on Ordinance #18-15, which, if adopted, would amend the conditional uses in both the B-1 and B-2 Business Districts to include Religious Institutions.   The City Council introduced Ordinance #18-15 at its September 25, 2018 meeting

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 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, has 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 Marshal 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.

The Planning Commission held a Public Hearing on the request for a Conditional Use Permit on October 4, 2018.  The City did receive a written comment from the adjacent business (Total Defense) expressing their support for the request.

Alternatives

Alternative #1. Adopt Ordinance #18-15 to amend the conditional uses in the B-1 and B-2 Business Districts and adopt Resolution #18-208 granting a Conditional Use Permit for a religious institution on the Subject Property. The City Council has already introduced the proposed Zoning Amendment and it is now eligible for adoption.  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, there is always the possibility of a shared parking agreement with the adjacent property owner, should that be necessary. Staff supports this alternative.

Alternative #2. Adopt Ordinance #18-15 amending the conditional uses in the B-1 and B-2 Business Districts to include Religious Institutions but 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.

Alternative #3.  Do not adopt Ordinance #18-15 and deny the request for a Conditional Use Permit.  As noted above, Staff does not object to the proposed use on the Subject Property.  Additionally, the only public comments received through the Public Hearing were from the adjacent business owner and they fully support the request.  Staff does not support this alternative.

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

The Planning Commission recommends adopting both Ordinance #18-15 and Resolution #18-208.

Motion to waive the Charter requirement to read the ordinance aloud and to adopt Ordinance #18-15 to amend the conditional uses in the B-1 and B-2 Business Districts to include Religious Institutions.

Roll Call

Councilmember Riley
Councilmember Kuzma
Councilmember Shryock
Councilmember Johns
Acting Mayor Letourneau

-and-

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