Planning Report

Date:	April 17, 2001

Case:	SP 01-03, LP 01-04

Subject:	Special Use Permit

Applicant:	The Church of Jesus Christ of Latter-day Saints

Request & Background

To consider a request for a special use permit by the Church of Jesus Christ of Latter-day Saints for the purpose of building a new church on an empty lot. The building will consist of a chapel, a Cultural Center, and classroom space.

The subject property is located at the northwest corner of Silver Lake Road and County Road E. The property is zoned B-1, Limited Business. Per Section 5-330 of the New Brighton Zoning Ordinance, church uses are allowed by special use permit within the B-1 zoning district. The site is presently an empty field sloping from Wexford Heights residential development downward to the intersection of County Road E. and Silver Lake Road.

Findings

Section 8-010, Site Plan Review

Section 8-130, Special Use Permit

Section 5-030, Special Permitted Uses in a B-1 District

Section 5-580, Special Requirements in Business Districts

Past Action

none

Site Characteristics

1.	Location:	Wexford Heights 1st Addition Outlot C

(Co. Rd. E. & Silver Lake Road)

2.	Lot Size:	212,146.6 ft.2 (or 4.87 acres)

3.	Topography:	Elevation varies over 38 feet. Slopes downward from Wexford Heights residences to the small pond near Co. Rd. E.

4.	Vegetation:	Grass and scattered scrub trees. Young pine trees along Silver

Lake Road.

5.	Sensitive Areas:	None

6.	Comprehensive Plan Designation:	Limited Business

7.	Zoning:	B-1 Limited Business

8.	Surrounding Land Uses:

North:	Single Family Residential (Wexford Heights)

South:	Salvation Army Camp (St. Anthony)

East:	Commercial (Domino's Pizza, Tastee Bakery, Wong's Kitchen)

West:	Single Family Residential

Site History

1.	Past Uses:	Unimproved field (Wexford Heights 1st Addition Outlot C)

Departmental Considerations

Community Development

1.	Building Setbacks: Front Required:	30 feet

Front Proposed:	138 feet

Side & Rear Required:	50 feet from any boundary line of an R-1 District

Side & Rear Proposed: 50 feet

The proposal meets all code requirements for building setbacks.

2.	Parking & Drive Aisle Setbacks:	Front Required: 30'

Front Proposed: 115'

Rear Required:	25' if abutting residentially zoned property

Rear Proposed:	25'

Side Street Required: 15' with permission of City Council

Side Street Proposed: 15'

If the City Council approves the reduced side street setback, the proposal meets all code requirements for parking setbacks.

3.	Parking Spaces Required:	The following parking standards apply to the Church:

Pews:	1 space per 5 ft. of pew

350' of pew / 5' = 70 spaces

Seats:	1 space per 3 seats

59 seats = 20 seats (19.6)

Required Parking = 90 spaces

Proposed Parking = 209 spaces, including 8 ADA spaces (7 required)

The proposal exceeds parking requirements for spaces and accessible spaces

4.	Stall Size:	9 x 18 (complies).

5.	Drive Aisle Size (two way):	Required: 24 feet minimum, 36' maximum width

Proposed: Two driveways each being 26' in width

6.	Drive Entrances:	A right-turn in/right-turn out only from Silver Lake Road and a full right and left turn from County Road E.

7.	Signs:	One engraved sign on south elevation (non-illuminated). No monument signs or driveway signs are proposed.

8.	Concrete Curbing:	Concrete curbing proposed for entire parking perimeter

9.	Density/FAR:	Allowed:	none specified for B-1 zoning

Proposed:	11 %

10.	Parking Area Surface:	Bituminous

11.	Landscaping:	Proposed landscaping includes:

20 deciduous trees; 25 ornamental trees, 21 coniferous trees, 114 shrubs; and, 381 ground cover plantings. The twenty-five (25) foot buffer adjacent to residentially zoned parcels is buffered with plantings.

12.	Lighting:	Plans show 14 light poles in the parking area. The plan notes that all exterior light poles have downcast-type lights; specific lighting data was not provided.

Public Works

1.	Streets:	The site is served by County Road E and Silver Lake Road.

2.	Curb Cuts:	Two curb cuts proposed. One from County Road E. and one from Silver Lake Road. The driveway onto Silver Lake Road will be a right-turn in/right-turn out only. The driveway onto County Road E. will facilitate both right and left turning. Both are County Highways and will require approval by Ramsey County.

3.	Utilities:	The existing water main from County Road E along west property line needs to be shown on plans. This water main must maintain minimum depth of seven feet, six inches (7' 6"). Staff would like an easement for access to the water main; the applicant has shown a willingness to allow this.

The fire and domestic water service connection should be brought in off County Road E watermain, which will provide greater pressure than the watermain from Silver Lake Road.

A sewer hook-up is not shown on plans; staff believes the preferred hook up is on Silver Lake Road.

4.	Grading/Drainage:	Staff Engineers would like the applicant to consider bringing roof drains directly into the pond and suggest adding vain gates to mid point of driveway serving County Road E. Staff believes that planting prairie grass is a good application for erosion control on steep slopes.

5.	Rice Creek Watershed District:	Applied for, hearing set for April 25, 2001.

6.	Environmental Concerns:	None

7.	MPCA:	Not Applicable

8.	Other Considerations:	Sidewalk shown along Silver Lake Road connecting the MCTO bus stop with the parking lot. Silver Lake Road is served by the City's "skeletal" system by a sidewalk on the east side of the roadway. The applicant's responsibility for care and maintenance of proposed sidewalk is uncertain.

Building Official

1.	Structure Size:	The proposed structure is 24,796 square feet in size.

2.	Structure Height (maximum):	32' in B-1 zone

3.	Structure Height (proposed):	31' with 70' steeple (steeples excepted from height requirements)

4.	Exterior Treatment:	The proposed addition shall be of brick and synthetic stucco with metal soffits and fascia accents. The doorways will be aluminum and stone veneer.

5.	UBC Compliance:	Will be required

6.	Mechanical Equipment:	mechanical equipment is proposed to be located in the mezzanine; three residential-sized air condition units to be placed on concrete pads outside and screened with plantings.

7.	Other Considerations:	None

Parks

1.	Proximity of Parks:	Driftwood ½ mile north of site. Across the street from the Salvation Army Camp (located in the City of St. Anthony).

2.	Proximity to Community Facilities:	NA

3.	Impact on Parks:	None

4.	Impact on Community Facilities:	None

5.	Other Considerations:	None

Fire

1.	Hydrant Locations:	none on site

2.	Access to Site:	Closest existing hydrant is on the southeast corner of Silver Lake Road and County Road E over 100 feet from the property.

3.	Access to Structure:	Fire Department hook-ups were not noted on submitted plans.

4.	Other Considerations:	Public Safety would like two hydrants installed on site; one near the southeast corner of the building dedicated to the sprinkler system, and another near the east door dedicated to internal attack lines and car-fire suppression. The applicant has indicated a willingness to work with the Public Safety Officer for hydrant placement location.

Police

1.	Traffic Safety:	adequate access from both County roads.

2.	On-Street Parking:	parking is allowed on County Road E; parking is not allowed on Silver Lake Road.

3.	Site Security:	N/A

4.	Other Considerations:	None

Staff Comments

A public Notice was published in the New Brighton Bulletin on April 2, and individual notices were sent to 128 property owners within 350' of the subject property. Staff received four phone calls, and two emails about the proposal. Staff met with two sets of neighbors about the plans. Residents are concerned about the amount of screening proposed between their lots and the church site.

Staff believes that the landscape plan is good, but could be improved to better comply with the Zoning Code.

Section 5-580, Special Requirements in Business Districts states:

...where a business structure or use abuts upon an R-l or R-2 Residential District there shall be a protective strip of not less than 25 feet in width established as a buffer zone. This buffer zone shall be kept landscaped, contain no structures, and shall not be used as a parking lot, off-street loading, or storage. Except for buffer zones across the street from an R-l or R-2 Residential District all other required buffer zones in accordance with this Section shall contain a compact evergreen hedge or fence but such hedge or fence shall not extend within fifteen feet of a street right-of-way. The planting or fence design must be approved by the City as being in harmony with a residential neighborhood and providing sufficient screening of the commercial area. The hedge or fence shall not be less than four and not more than six feet in height.

The site slopes to the south and east; neighboring homes to the west and north of the site (Wexford Heights) are situated above the proposed church; some will look upon the church roof from their property.

The applicant's plans show a landscaped 25-foot buffer along the west and north property lines to screen this view and includes pine, flowering crabs, oak, and a retaining wall located in the southwest portion of the site. There are no structures or parking facilities proposed within the 25-foot buffer area, but additional evergreen plantings or placement of a fence or both along the residential boundaries is needed to complete the screening within the buffer zone to comply with the code specifying a "compact evergreen hedge or fence." This section of code refers to activities in a business zone that may occur seven days per week and not the Sunday plus an additional weekday evening activity that may occur at a church.

Given that the requirements relate to a business land use and not a church use, staff would support the applicant working with adjacent property owners to arrive at acceptable solutions to screening in the buffer zone.

Section 8-130 Special Use Permit

As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission unless such shall find:

a.	That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of the general public.

b.	That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c.	That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.	That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

e.	That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located.

The applicant has shown a willingness to work with staff to address landscaping and storm water and utility issues. The proposed use will not be detrimental to the public health and safety, and will not negatively effect property values in the area. This site will be served by existing utilities.

Recommendation

Motion to waive the reading and adopt the attached resolution recommending approval of SP 01 - 03 & LP 01 - 04, subject to the following conditions:

1.	Approval by Rice Creek Watershed District.

2.	Placement of two fire hydrants. Fire Department hook-ups and hydrant locations to be approved by the Public Safety Officer.

3.	A drainage and utility easement is granted to the City of New Brighton to service the water main from County Road E.

4.	Submittal of supportive "prairie grass" data for approval by City Staff.

5.	Sewer and water hook-up plans are submitted and approved by Staff Engineers.

6.	A lighting plan is submitted and approved by the City Staff.

7.	Additional screening in the form of a fence, vegetation, or some combination of the two to serve as buffer between adjacent residential lots and the site.

Patrick Boylan, City Planner