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HomeMy WebLinkAboutItem 07Lakeville August 2, 2013 AUGUST 5, 2013 CITY COUNCIL MEETING MINNEAPOLIS MEETING ROOMS CHURCH Proposed Action Item No. Staff recommends adoption of the following motion: Move to approve: A conditional use permit for a church in the RS -2 District and an exception to the exterior building finish requirements and adoption of findings of fact as presented. The applicant has withdrawn the variance application. Adoption of this motion will allow operation of a church in the RS -2, Single Family Residential District. Overview Representatives of Minneapolis Meeting Rooms, Inc. are requesting approval of plans to establish a church in what is currently a single family home on a three acre property located 9880 -192 Street east of Kenwood Trail (CSAH 50, south of 192 Street and west of Iteri Avenue. The plans propose a 40 seat church that will be located within the remodeled single family home. A church is considered a religious institutional use in the RS -2, Single Family Residential District and is allowed by conditional use permit. At their July 25, 2013 meeting, the Planning Commission held a public hearing and determined that the applicant met the requirements established by the Zoning Ordinance and recommended unanimous approval of the conditional use permit subject to 18 stipulations. The motion to approve the variance request failed by a vote of two to five. Since the public hearing, the applicant has withdrawn the variance and has agreed to modify the garage to comply with the 30 foot minimum setback to the west side property line. Staff recommends that stipulation (s) be added to the conditional use permit requiring that after the garage is removed the building's soffit and exterior siding be restored to match the other three sides of the building and that the concrete garage slab be removed and the area restored with landscaping. Primary Issue to Consider What is the result of the applicant's withdrawal of the variance application? With the applicant's withdrawal of the variance application, they church is committing to comply with the 30 foot side yard setback requirements. This may be accomplished by modifying the side wall and roof or removal of the entire garage and installation of siding on the new side wall. Supporting Information • Applicant email withdrawing the variance application • Conditional use permit form • Conditional use permit findings of fact • Letter from Roger Knutson, City Attorney dated July 24, 2013 • Applicant and resident emails received after the public hearing • Applicant and resident emails received after publication of the planning report, prior to the public hearing • July 25, 2013 Planning Commission draft meeting minutes • July 19, 2013-planning and engineering reports Frank Dempsey, AICP,'Associate Planner Financial Impact: $ None Budgeted: Y/N _ Source: Related Documents (CIP, ERP, etc.): Subdivision and Zoning Ordinances Notes: Dempsey, Frank From: Jerry Holman <Jerry.Holman @Stonebrooke.co> Sent: Thursday, August 01, 2013 11:03 AM To: Dempsey, Frank Cc: 'Steve Griffith I PlatinumCode' Subject: Re: Application for Variance Good morning Frank, Please pull our Application for Variance as we discussed earlier as we would prefer to have the Council consider only the C.U.P. Can you confirm completion? Many thanks, Jerry Jerry Holman I Managing Director Tel (952) 224 -4440 Ext 203 Fax (952) 224 -4444 Email Jerry. Holman @Stonebrooke.co Showroom 1 14311 Ewing Avenue, Burnsville, MN 55306 1 Get Directions (Reserved for Dakota County Recording information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 13- 1. Permit Subject to the terms and conditions set forth herein, the City of Lakeville approves a Conditional Use Permit for Minneapolis Meeting Rooms, Inc. to allow a church in the RS -2, Single Family Residential District and an exception to the exterior building material requirements to convert a single family home to a religious institutional use located at 9880 -192 "d Street. 2. Property The permit is for the following described property located in the City of Lakeville, Dakota County, Minnesota and legally described as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 114, Range 20 described as follows: Commencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence west along the north line of said Southwest Quarter South 03 degrees 07 minutes 40 seconds East 450.67 feet; thence South 89 degrees 12 minutes 08 seconds West 297.18 feet; thence North 00 degrees 10 minutes 53 seconds West 450 feet to the point on north line of said Southwest Quarter of the Northeast Quarter; thence east on said north line 274.67 feet to the point of beginning. 3. Conditions The permit is issued subject to the following conditions: a) The parking lot and other site improvements on the property shall be completed in compliance with the site plan approved by the City Council. b) Site development shall be in compliance with the recommendations outlined in the July 18, 2013 engineering report. c) Landscaping shall be installed according to the approved site plan. The landscaping shall remain alive and in healthy condition to act as an effective screen of the parking lot. Any dead landscaping shall be promptly replaced with like landscaping in compliance with the approved site plan and Zoning Ordinance requirements. d) The driveway from 192 " Street shall be used only for handicap parking. Said driveway shall not be used for non - handicap parking during times of religious assembly. e) Parking during religious services or other religious institution assemblies in the building or the property shall be restricted to the on -site parking lot and shall not occur on 192 " Street and Iteri Avenue or any other public streets. f) If the property is no longer used for a church or assembly use, the parking lot shall be removed and groundcover shall be reestablished in compliance with Zoning Ordinance requirements prior to occupancy of the building for any other use. g) The property shall not be used for commercial, residential or residential shelter purposes. h) Amplification of sound outdoors is not permitted. i) The water well on site shall be abandoned and sealed in accordance with official requirements. j) Required parking spaces shall not be used for snow storage. k) The overhead utility service between the electric power pole and the building shall be placed underground. 1) Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage. m) The use and property shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city. n) A building permit is required prior to commencing any building remodeling. o) Any future building expansion will require a conditional use permit amendment and must meet Zoning Ordinance setback requirements. 2 p) No wall signs shall be allowed on the church building. q) A financial security of $15,000 shall be submitted to guarantee completion of the site improvements and other improvements required by this conditional use permit. r) The building shall meet the side yard setback requirement of 30 feet. s) Following the removal of the attached garage, the building's soffit and exterior siding shall be restored to match the other three sides of the building. The concrete garage slab shall be removed and the area restored with landscaping. 4. Termination of Permit The City may revoke the permit following a public hearing for violation of the terms of the permit. 5. Lapse If within one year of the issuance of this permit the use has not commenced, this permit shall lapse. 6. Criminal Penalty Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: August 5, 2013 CITY OF LAKEVILLE BY: Matt Little, Mayor BY: Charlene Friedges, City Clerk The following instrument was acknowledged before me this Stn day of August, 2013 by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 3 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA MINNEAPOLIS MEETING ROOMS, INC. CONDITIONAL USE PERMIT On July 25, 2013, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Minneapolis Meeting Rooms, Inc. for a conditional use permit to allow: 1) a religious institution in the RS -2, Single Family Residential District and, 2) an exception from the exterior building material requirements for institutional uses on property located at 9880 -192 " Street. The Planning Commission conducted a public hearing on the proposed conditional use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is zoned RS -2, Single Family Residential District. 2. The property is located in Planning District No. 5 of the 2008 Comprehensive Plan, which guides the property for residential uses. Religious institutions, including churches, are allowed by conditional use permit in residential zoning districts. 3. The legal description of the property is as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 114, Range 20 commencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence west along the north line of said Southwest Quarter South 03 degrees 07 minutes 40 seconds East 450.67 feet; thence South 89 degrees 12 minutes 08 seconds West 297.18 feet; thence North 00 degrees 10 minutes 53 seconds West 450 feet to the point on north line of said Southwest Quarter of the Northeast Quarter; thence east on said north line 274.67 feet to the point of beginning. 4. Section 11 -4 -3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed church use and existing exterior building materials are consistent with the RS -2, Single Family Residential zoning and residential guided use of the property and are consistent with the residential character of the neighborhood. b. The proposed use is or will be compatible with present and future land uses of the area. Provided compliance with the stipulations of the conditional use permit, the church use and existing exterior building materials will be compatible with existing and future residential uses in the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Provided compliance with the stipulations of the conditional use permit, the church re -use of an existing single family home will conform with all performance standards contained in the Zoning Ordinance and the City Code. d. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The subject property lies within the existing MUSA. The property is served with city sanitary sewer and city water. The church facility will not overburden the City's service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. The Minneapolis Meeting Rooms church facility will not overburden the streets serving the property. 5. The planning report, dated July 19, 2013, prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: August 5, 2013 CITY OF LAKEVILLE BY: Matt Little, Mayor Charlene Friedges, City Clerk ii CAMPBELL KNUTSON IZtt;;co N hnu t., ❑ rlttdr"C,t N?J }.�l1C !�i,l tic -• rMITI S tit l I's.1r Direct Dial: (651) 234-6215 E -mail Address: rknutson@ck- law.com July 24, 2013 Mr. Steve Mielke, City Administrator City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 RE: MINNEAPOLIS MEETING ROOMS, INC. Dear Steve: You asked me if Minneapolis Meeting Rooms, Inc. is a "religious institution." Section 11 -2 -3 of the City Code defines "religious institution" as "A building, together with its accessory buildings and use, where persons regularly assemble for religious purposes and related social events and which building is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes." The Minnesota Supreme Court has ruled that determining what a church is depends upon an analysis of all the facts and circumstances. Ideal Life Church of Lake Elmo v. County of Washington 204 N.W. 2 °d 308 (Mn. 1981 }. The Court identified the following factors in making the determination: -. whether "the preconceived and primary, if not the sole, motive" behind the organization was tax avoidance in favor of the private individuals who control the corporation - whether the doctrines and beliefs of the organization are intentionally vague and non - binding upon its members; - whether the members of the organization freely continue to practice other religions; �k �N N., =. 1.1 -; . , 177 i I - whether the organization has formally trained or ordained clergy; July 24, 2013 Page 2 • whether the organization has sacraments, rituals, education courses or literature of its own. • whether the organization has a liturgy, other than simple meetings which resemble mere social gatherings or discussion groups rather than religious worship; • whether the organization is an institution which advances religion as a way of life for all men; • whether the organization requires a belief in any Supreme Being or beings. The Minnesota Tax Court in The American Fundamentalist Church v. County of Hennepin County, 1983 WL 1050 (1983) cited with approval the following characteristics that the IRS uses in determining whether an organization is a church: • A distinct legal existence • A recognized creed and form of worship • A definite and distinct ecclesiastical government • A formal code of doctrine and discipline • A distinct religious history • A membership not associated with any other church or denomination • A complete organization of ordained ministers ministering to their congregations • Ordained ministers selected after completing prescribed courses of study • A literature of its own • Established places of worship • Regular congregations • Regular religious services • Sunday schools for the religious instruction of the young • Schools for the preparation of its ministers The Tax Court noted that the Internal Revenue Service, however, does not give controlling weight to any single factor, since some well recognized religious organizations might not satisfy all of these characteristics. Minneapolis Meeting Rooms, Inc is a Minnesota non - profit corporation organized under Minnesota Statutes Chapter 317. It has fled for property tax exemption with Dakota County. It has also filed for tax exemption under 501c(3) of the Internal Revenue Code. Whether it is a religious institution, however, is not dependent upon its property and income being tax exempt. If July 24, 2013 Page 3 it is exempt that is supporting evidence but a church or religious institution could chose not to use the exemptions. The City's definition of "religious Institution" does not require that the institution have either exemption. Taking at face value what is stated in their Articles of Incorporation, their 501 c (3) filing and web site, unless we learn something to the contrary based up all the facts and circumstances it appears that Minneapolis Meeting Rooms, Inc. is a religious institution. The City has already recognized them as a religious institution when it permitted them to locate in another single family neighborhood. Very truly yours, RNK:rwg CAMPBELL KNUTSON Dempsey, Frank From: Hawkins, Judi Sent: Monday, July 29, 2013 2:29 PM To: Mielke, Steven; Dempsey, Frank; Morey, Daryl Subject: FW: Please vote NO for variance at 9880 192nd Street Judi Hawkins Executive Administrative Assistant/Deputy Clerk (952) 985 -4403 From: Amy Kroeten [ mailto:amy@aimtolivewell.com ] Sent: Monday, July 29, 2013 1:46 PM To: WEB CouncilInfo Email Subject: Please vote NO for variance at 9880 192nd Street To the Lakeville City Council: I am writing to you today to oppose the variance for the church /parking lot at the house located at 9880192 Street. I attended the Planning Commission meeting on 7/25/13 and was shocked and surprised that the Planning Commission could so easily disregard all of the comments and arguments that were being made against the allowance of this variance. It was as if the public comment was just a formality and the commission didn't really even hear any of the arguments that were being made. It seemed clear that they had already made their decision before the meeting even began. I was disheartened and disgusted by the members of the Planning Commission. Our neighborhood already has a large church that is in the process of being built. Once the Bethlehem church is opened, Sundays will be crazy with traffic. Now to add another church in what has been a nice, quiet neighborhood seems nothing less than ridiculous. Why should we squeeze another church into this neighborhood? It is supposed to be a RESIDENTIAL neighborhood. In all of Lakeville, is there not a better place for the Minneapolis Meeting Rooms church and parking lot? The residents on the acreage lots right next to the proposed church at 9880192 Street will have the look and feel of their neighborhood changed forever. They have been faithful residents of Lakeville, paying property taxes for years and years, now only to have the rug pulled out from under them by a new -comer who is asking for a special exception. Why would the City of Lakeville make this exception and slap these faithful residents in the face? It just doesn't make sense. Clearly there is a better location for this church and parking lot somewhere else in Lakeville. The look and feel of our neighborhood as well as the wishes and desires of all of the current residents should not be disregarded for a new -comer who is asking for an exception. Again, it is a residential neighborhood (a nice, quiet neighborhood with families) and that is what we would like it to remain. I am asking the Lakeville City Council to please vote "NO" against this variance. Please do the right thing for those residents that voted you into office. Thank you for your time. Amy Kroeten 19292 Ireland Way 1 Dempsey, Frank From: Jerry Holman <Jerry.Holman @Stonebrooke.co> Sent: Wednesday, July 31, 2013 4:40 PM To: Little, Matthew; Anderson, Douglas; Davis, Bart; LaBeau, Colleen; Swecker, Kerrin Cc: Dempsey, Frank; 'Steve Griffith I PlatinumCode' Subject: An Official Message from Minneapolis Meeting Rooms, Inc. Dear Mayor and City Council Members, We appeal to you to approve our request for a Conditional Use Permit to allow us to change the use of the single family home located at 9880 —192nd Street West into a small church as proposed. Over the past several years we and have looked at nearly 25 other properties in Lakeville to find one that serves us suitably and fits the City's requirements, as Mr. Frank Dempsey can attest to. None seemed to fit the City's ordinances as well as this one. Our Church was founded in Minneapolis in 1890 and has continued without a break to the present. We incorporated as a Nonprofit Corporation in 1956, which you can verify here Over the last 7 years, all members of our congregation have moved to Lakeville from Minneapolis, Richfield, and Bloomington to enjoy the benefit of safer neighborhoods and better schools; a fine testament to Lakeville's high standards. To date, members of our congregation have purchased more than 30 residential and commercial properties in Lakeville, which equates to more than $13M of taxable real estate in Lakeville in the last seven years. We also built a small church at 21157 Idaho Ave. in Lakeville and began using it in December of 2011. As was clearly witnessed to by City Staff at the Planning Commission Meeting, there have been no complaints ever received regarding our property, either to the Planning Department or to the Police. You will also have letters in your information packet from several of the direct neighbors to this property, commending us for being good neighbors. Many questions have been raised by the neighbors in the area, the main ones being safety for their children, traffic, the parking lot, reduced property values, and who we are as a group. We would like to speak to each of these briefly: Safety: We do not feel that our use of the property as a Christian Church poses any legitimate concern to the safety of children in the neighborhood. Traffic: Our use, (10 -12 cars twice per week), is less trips to and from the property than would be made by a typical family of four living in the home. We do not feel that this is a justifiable complaint. Parking Lot: • It is sized as small as it can be within the Zoning Ordinance. • It is located it as close to 192nd St. as possible to keep the property compact and encourage our congregation to utilize 192nd St. wherever possible. • Landscape screening of the parking lot was added after being suggested by neighbors at our Neighborhood Meeting. • In summary, we feel we have well met the Zoning Ordinance and went the extra mile to be good neighbors. Reduced Property Values: The property will be much better kept by us than the way it was when we purchased it so we do not feel this is a legitimate concern. Who we are: You can learn more about our Church and the benefits we provide to the communities we live in by visiting our website at www. PlymouthBrethrenChristianChurch .ore In closing, we appeal to you to approve our Conditional Use Permit. We firmly believe it meets every aspect of the Zoning Ordinance, we know that the property will be improved from its present condition, and that our being there will prove to be a positive influence for good in the neighborhood. We would be happy to speak with any of you by phone or in person. Respectfully, Jerry Holman — 612 - 229 -1576, ierry.holman @stonebrooke.co Steve Griffith — 952 - 432 -2353, steve.griffith @platinumcode.us Dempsey, Frank From: Karl & Nancy Oberg < karland nancy@charter. net> Sent: Wednesday, July 31, 2013 9:31 PM To: WEB Councilinfo Email Subject: Church at 9880 192nd Street West Dear Mayor & Council Members, My wife and I are appealing to you regarding the 9880 192 Street West Property in Lakeville. We are a young family with 2 children, (3 years old and 4 months) that live in Lakeville on 20857 Isle Avenue in Clays Acres. I work for a company in the Airlake Industrial Park of Lakeville. We ask as taxpayers, and residents and of the Lakeville community, that you approve the Conditional Use Permit for the Minneapolis Meeting Rooms Church at the 9880192 Street West property. The outcome of this hearing is very important to us as we feel that Lakeville is an excellent place for us to raise our family. We put great value upon the education of our children which includes the instruction of the Bible. Thank you for your understanding) l X ARl & N.A.NCY OBERG AND FAMIl y 20857Is1e .Avenue, Lakeville, MN55044 (952) 469-4383 Dempsey, Frank From: Hawkins, Judi Sent: Thursday, August 01, 2013 8:11 AM To: Mielke, Steven; Dempsey, Frank Subject: FW: 9880 192nd project Judi Hawkins Executive Administrative Assistant /Deputy Clerk (952) 985 -4403 - - - -- Original Message---- - From: drobery120gmail.com [ mai Ito: drobergl2@gmaiLcom Sent: Wednesday, July 31, 2013 6:57 PM To: WEB CouncilInfo Email Subject: 9880 192nd project Dear Mayor and Council Members, As a resident homeowner, I would like to express my gratitude to you for your part in the continued improvement and development of our community. In regards to the proposal for a conditional use of the property at 9880 192nd Street West, for church use by Minneapolis Meeting Rooms Inc, I would like to ask for your support of the necessary approvals for their application. As a tax paying resident of Lakeville, who frequently attends their meetings of worship, I sincerely appreciate your support. Regards, Dale Dale Oberg 9837 172nd Street Lakeville, MN 55044 (952) 217 -9056 DrObergl2 @gmail.com Sent from my Verizon Wireless BlackBerry Dempsey, Frank From: Hawkins, Judi Sent: Thursday, August 01, 2013 8:10 AM To: Mielke, Steven; Dempsey, Frank Subject: FW: CUP for 9880 192nd St W Judi Hawkins Executive Administrative Assistant/Deputy Clerk (952) 985 -4403 From: Kurt Chellberg [ mailto:kurtc1985 @gmail.com Sent: Wednesday, July 31, 2013 4 :41 PM To: WEB CouncilInfo Email Subject: CUP for 9880 192nd St W Dear Mayor and Council Members, I'm writing concerning the application for approval to use the 9880 192nd Street West as a church. I've been a resident of Lakeville for 4 years and reside at 17316 Ipswich Way with my wife and 2 children — both enrolled at the Christina Huddleston Elementary school. I urge you to support the approval of this project — Lakeville is a wonderfully diverse, family - friendly, youthful community which we love to be a part of. To me, providing for our youth — the potential — is the most important thing a community can do and a suitable place of worship is essential for this. I trust that you feel similarly and will do your part in building an even brighter future in Lakeville by voting to approve this proposal. Best Regards, �u , 6969(41 14", & 0 &Wf&V Work: 952.252.5711 Mobile: 507-381.97511 Home: 952.892.8929 I Email: kurtc1.98517a gmail.com 17316 Ipswich Way Lakeville, MN 55 This message is intended for the individual or entity to which it is addressed. It may contain privileged, confidential information which is exempt from disclosure under applicable laws. If you are not the intended recipient, please note that you are strictly prohibited from disseminating or distributing this information (other than to the intended recipient) or copying this information. If you have recieved this communication in error, please immediately notify the sender and delete this e-mail message from your computer. Thank you. Dempsey, Frank From: Morey, Daryl Sent: Friday, July 26, 2013 8:34 AM To: Dempsey, Frank Subject: FW: Minneapolis Meeting Rooms FYI Daryl Morey Planning Director (952) 985 -4422 From: Hawkins, Judi Sent: Friday, July 26, 2013 8:09 AM To: Morey, Daryl; Mielke, Steven Subject: FW: Minneapolis Meeting Rooms Judi Hawkins Executive Administrative Assistant/Deputy Clerk (952) 985 -4403 From: Lisa Frasson [ mailto:lfrasson @ frontiernet.net Sent: Thursday, July 25, 2013 9:27 PM To: WEB CouncilInfo Email Subject: Minneapolis Meeting Rooms To whom it may concern: My family and I have been living next door to the Minneapolis Meeting Rooms facility on 112th Street in Lakeville for a few years now. In that time, we have come to find that while they occupy the facility on a regular basis, they are respectful of the neighborhood and are in no way loud or obtrusive. They have an adequately sized parking lot so that they do not need to park cars on neighborhood streets, and the facility is clean and well maintained. Overall, they have been very pleasant neighbors. Regards, Lisa Frasson Commercial Property Inspector Strategic Asset Services, LLC 612 - 281 -7229 cell Ifrasson(a)-sasinspections.com Dempsey, Frank From: Hawkins, Judi Sent: Thursday, August 01, 2013 10:38 AM To: Mielke, Steven; Dempsey, Frank Subject: FW: Zoning changes at 192nd and Iteri Avenue Judi Hawkins Executive Administrative Assistant/Deputy Clerk (952) 985 -4403 From: Turnquist, Chrissy (Minneapolis) [ mailto: Chrissy .Turnquist@towerswatson.com Sent: Thursday, August 01, 2013 10:25 AM To: WEB CouncilInfo Email Subject: Zoning changes at 192nd and Iteri Avenue /W First of all, I would like to thank you in advance for taking the time to read this email in what I am sure is your busy schedule. I am writing to voice my concerns with the proposed zoning changes for the lot on the corner of 192 and Iteri Avenue. I have also written in the past before the meeting last week. I just recently moved to neighborhood and believe that the addition of an institution would be a negative impact on this community for ha following reasons: 1. This will bring more traffic both on foot and by automobile to an area that has a large population of small children, safety is our number 1 concern. This would mainly be traffic during weekend hours when families are mainly outside as that is the time that we all finally can be together after long weeks. 2. Although there is a parking lot proposed that meets minimum requirements, there are still a number of seats that would not be covered by the parking and this would cause the parking to flow into our streets which would make it less safe for the large number of runners, walkers and bikers that frequent the area which only has a sidewalk on 192nd and not Iteri Avenue. Again, one of the main reasons that many of us moved to this neighborhood, especially those with homes just south of the proposed location, was the fact that our lots are much more private and quiet then the average neighborhood. The addition of a public institution infringing on the neighborhood would lesson this feeling of quiet and privacy. It seems to me that there would be plenty of other places that this institution could locate that is not in the heart of a neighborhood. Chrissy Turnquist Retirement Implementation Specialist Towers Watson 8400 Normandale Lake Blvd. Suite 1700 I Minneapolis MN. 55347 Office + 952 842 6592 Fax + 952 806 2592 Cell + 858 212 1256 ch rissv.tu rno u ist(o)towerswatson.com towerswatson.com Dempsey, Frank From: Scott and Marie <scottandmarie79 @gmail.com> Sent: Friday, August 02, 2013 10:21 AM To: 'councilinfo @lakevillemn.gov.' Subject: 9880 192nd St., C.U.P. Dear Mayor & Council Members, We are sending this note to ask that you approve the C.U.P, which was voted unanimously 7 to 0 (7/25/13) by the Planning Commission. The church is an excellent choice which will continue to strengthen Lakeville. As members of the church, We've been resident taxpayers owning a home for 7 years here, employed locally, supporting the local economy, shopping, doctoring, enjoying the parks and recreational facilities, etc.... we now have two other family members which own homes in Lakeville, one of which is employed here too. We are counting on you to vote in favor of the C.U.P. for this property. Respectfully yours, Scott & Marie BCair 17144 Jefferson Court LakeviCCe, NW 55044 952-435-0175 Dempsey, Frank From: Hawkins, Judi Sent: Friday, August 02, 2013 12:06 PM To: Mielke, Steven; Dempsey, Frank; Morey, Daryl Subject: FW: 9880 192nd Street Judi Hawkins Executive Administrative Assistant/Deputy Clerk (952) 985 -4403 From: Tami & Steve Hobbs [ mailto:sthobbs @charter.net] Sent: Friday, August 02, 2013 12:01 PM To: WEB CouncilInfo Email Subject: 9880 192nd Street Mr. Mayor and City Council Members: I am writing to you to express my concern regarding the property located at 9880 192nd Street in Lakeville. I am extremely disappointed that the planning committee voted unanimously to recommend zoning changes for this property. My family resides in the Fairfield neighborhood across the street from this property. I sent an email to Frank Dempsey communicating our concerns for this property. Our house was the first completed in the Fairfield development. We have watched it grow into a tight knit community. We look out for each other and have a great community dynamic. I feel like this is a safe community to raise our children. I don't pretend to know everything about the organization that wants to occupy this house, but what I do know, concerns me. They claim they are a religious organization, but yet they do not speak with or interract with anyone who is not a member of their "church ". I find that very disturbing. I am a devout Christian and true Christianity is not about exclusivity! There seems to be somewhat of a mystery surrounding this group and that makes me very uncomfortable. How can you allow a group to come into an established neighborhood that wants nothing to do with their neighbors? Also, the fact that this will be a commercial type property in a residential zoned area also concerns us. This will negatively affect our property values. And what about the neighbors that reside on 192nd Street now? They have beautiful acreage lots that will now be affected by these proposed occupants. Also, 192nd Street is a busy traffic street now. With the proposed rezoning, the traffic path will increase substantially resulting in more problems. Fairfield is full of young children. Having a group that is so exclusive as part of our neighborhood would completely change the dynamic of our neighborhood. My question to you all would be, "would you want this type of organization and property rezoning in your neighborhoods ? ". Please consider the negative impact this will have on the Fairfield community and the surrounding residential developments. I trust you will make a decision that will keep our established neighborhoods safe. Thank you for your time, Tami & Steve Hobbs 19161 Ismay Path Dempsey, Frank From: John Zenner <john @fehrsolutions.com> Sent: Sunday, July 21, 2013 10:00 PM To: Little, Matthew; Anderson, Douglas; Davis, Bart; LaBeau, Colleen; Swecker, Kerrin; Morey, Daryl; Dempsey, Frank Subject: Proposed zoning variance at 9880 192nd Street Attachments: meeting room letter.docx Attached please find a letter expressing our concerns about the proposed Minneapolis Meeting Room Church gathering space at the address above. John Zenner, Ph.D. Fehr Solutions, LLC (203)952 -1533 From: Anderson, Douglas [ mailto:danderson @ lakevillemn.gov Sent: Tuesday, July 23, 2013 2:58 PM To: Michelle Colbert Cc: Kerry Singh Subject: Re: Proposed development at 9880 192nd Street Michelle, first off I apologize, I wrote 'Micheal' vs. Michelle. And secondly, the council meeting is Monday 8/5, not 8/1. Thanks again for your email. Doug Sent from my iPad On Jul 23, 2013, at 1:32 PM, "Anderson, Douglas" < danderson(iDIakevillemn.gov > wrote: Micheal, yes, the planning commission meets this Thursday (7/25). This public hearing is item #6 on the agenda (you can find this on the planning commission page of the city web site, see 'most recent agenda' link). It is important to understand that our city ordinances allow for churches to be in residential neighborhoods. That said, I understand the concerns expressed. I am continuing to lean into this situation, and learn as well. As for other meetings, if the planning commission completed the public hearing, and takes action, I would guess the matter would move forward to the City Council at our meeting on 8/1. Thanks for your email... Doug Sent from my iPad On Jul 19, 2013, at 12:34 PM, "Michelle Colbert" < mmcolbert(&gmail.com > wrote: Hello! Thank you very much for your reply. We are only aware of one meeting, on July 25 at 6pm. Are there more meetings scheduled relate to this topic? We are still trying to figure out if one of us can attend the meeting. We hope one of us will be able to attend, even if it means arriving after 6pm. Our uncertainty around being able to attend is why we wanted to get our concerns to the City earlier this week, in addition to having signed the petition submitted by a neighbor in early July. Given that putting a parking lot in the middle of a residential neighborhood is not a good idea, given the petition submitted a few weeks ago that tells the City many people are against the conditional use permit being granted and given the group requesting this conditional use permit calls itself a church but does not appear to be recognized by the government as a tax- exempt religious organization, it is my hope if this proposal comes before a City Council vote that our Fairfield neighborhood can count on your vote to keep the property a four - bedroom single - family home. I heard earlier this week from one of your colleagues on the 2 Council who told me if it came to a Council vote, their vote would be to deny the conditional use permit request in order to keep the property a single - family home. Thank you again for your response to our letter and for taking the Fairfield community's wishes into your thoughtful consideration if this permit comes to a Council vote. Sincerely, Michelle Colbert CC: Kerry Singh, submitter of signed petition against this conditonal use permit application On Jul 19, 2013, at 10:01 AM, "Anderson, Douglas" < danderson(d)lakevillemn.gov > wrote: Michelle Thank you for your comments. I am glad for you input, and I look forward to your participation at the upcoming meetings. Doug On Jul 16, 2013, at 11:21 PM, "Michelle Colbert" < mmcolbertna,Pmail.com > wrote: Michael & Michelle Colbert 19138Ittabena Way Lakeville, MN 55044 July 16, 2013 Frank Dempsey Associate Planner, City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Mr. Dempsey, Thank you for taking the time to speak with me on the phone on June 25 and again today. I hightlight below some of the concerns we have after learning a few weeks ago about the plans for the property at 9880 192nd Street, on the corner of Iteri Avenue and 192nd Street, the primary entrance to the Fairfield community, a neighborhood of nearly 100 homes. After learning that a group has requested that the home located on 192nd Street at the corner of Iteri Avenue be issued a conditional use permit to remodel the interior of and add a parking lot, we had a lot of questions and concerns. The addition of a parking lot on that corner will not only be unsightly in a nice residential neighborhood, it could attract trespassers once everyone knows the home is no longer a residence. Without people actively living in the house, on nights after it becomes known that no one will be living in the building, the parking lot could become a meeting place for unsavory activity because no one will be in the home to report the activity. In the decade the Fairfield neighborhood has existed, there have been numerous cases of break -ins to cars left on the street or in driveways and even worse, several home invasions. The parking lot would sit lower than 192nd Street and be a perfect place for a would -be criminal to stake out the neighborhood to see when cars come and go. Being law- abiding citizens, it is hard to imagine the exact behavior could take place on the property when it is not being used by the group but we are not naive enough to think illegal activities are not a possibility. On a different note, if a meeting is held and more cars arrive than will fit in the parking lot, cars will line the sides of 192nd Street causing possible traffic issues. There is concern over what will happen to the property when it is not being used for group meetings. Will the group decide to use it as a homeless shelter or soup kitchen? Will the group use the property for frequent outdoor meetings that could impact the quiet peace of the neighborhood? A Google search of "Minneapolis Meeting Rooms, Inc" and other variations, found no website for this church group. Given nearly every church we know of has a website, it would seem this group is very private. We did find an article in the Star Tribune, hLtp://www.startribune.com/local/south/122189674.html that indicated that the group submitted an application in May 2011 for a new church to be built on a plot west of Dodd Boulevard and north of 212th Street, at 21151 Idaho Avenue. The article mentioned that the proposed building would be 3,200 SF, seat 72 people and would include 34 parking spaces. We searched this property on the Dakota County property records website and found that the group does not have the tax exempt status which is typical of church groups. Churches are listed on the site as having a "Uses = EXEMPT ", with no text in the "Building description" box and have $0 of tax due each year. But in the case of the two properties they own on Idaho Avenue, one of which is undeveloped, the Minneapolis Meeting Rooms, Inc group has a "Uses = COMMERCIAL - PREFERRED" and pays nearly $12,000 /year in taxes for both properties. The developed property has a "Building description" as "CLUBHOUSE ". All of this information makes us wonder why this "religious institution" (as described on the Public Notice for Proposed Development) is paying taxes if they are considered a religious group. Churches of all kinds (Catholic, Lutheran, Evangelical, Latter Day Saints, Jehovah's Witness, etc) don't pay propety taxes but this group pays property taxes on its current Lakeville property. Why is that? What makes 4 this group so different from other churches that the government doesn't seem to recognize it as a church. Further, if the group has the funds to buy and remodel this property on 192nd Street, (it is on record that it paid $210,000 for the home on 192nd Street) it goes without saying that the first big question is why does the group not just add on to that site? Given that that building is less than two years old, it seems very strange that they would not expand their current site. What happens if the group decides it no longer wants to meet at this building? What happens to the building? Our understanding is that the remodel will result in a building that look like a private residence from the outside but will no longer resemble a private family home. Will the property sell with the conditional use permit, or is the permit limited to this group? What happens if the group meeting needs grow to overflow the parking lot, where will the people park? If the group starts parking along 192nd Street result in the group's conditional use permit being revoked? If so, would the City require the group to pay to remove the parking lot and convert it back into a single - family home before it can be listed for sale again? What kind of precedence would be set by allowing this group to convert a property with an existing single - family home currently zoned as a residence into a meeting hall? Could any single - family home be converted to a meeting hall in any neighborhood? Where does the City draw the line between which homes can be converted and which cannot? Lastly, there is concern over the addition of the parking lot and the converting of the private residence into a meeting hall could have an adverse affect on the resale value of each of the nearby homes as prospective buyers could pass over homes in this area for other neighborhoods without a nearby property that has had an out -of- the- ordinary zoning change made. We ask each person on the committee making this decision to ask themselves if they would want to live near this property if it was updated with a parking lot and remodeled into a meeting hall, especially given the fact that the group already owns land in Lakeville and expansion seems to be more reasonable to take place at that site. It is our hope that the property at 9880 192nd Street will remain a traditional 4- bedroom single - family home. Sincerely, Michael and Michelle Colbert CC: Matt Little, Mayor Doug Anderson, City Council Bart Davis, City Council Colleen LaBeau, City Council Kerrin Swecker, City Council Daryl Morey, Planning Director *** I received the email addresses for those on the CC line from my neighbor, Kerry Singh, who recently asked people in the Fairfield community to write to all of you with our concerns. Douglas Anderson, Council Member <fbl632.png> City of Lakeville 120195 Holyoke Avenue I Lakeville, IVIN 55044 Office: 952-985-4410 1 Fax: 952-985-4499 1 www.lakevillemn.,qov I Lakeville, Minnesota—Positioned to Thrive <ma-qe779a32.JPG> 'u E J ic-o I Dempsey, Frank From: Hauch, Kelly <KellyHauch @edinarealty.com> Sent: Thursday, July 25, 2013 1:58 PM To: Dempsey, Frank Subject: Public Meeting about 9880 192nd Street Hi Frank, I understand there is a meeting tonight regarding a conditional use permit request is for "a conditional use permit to allow a religious institution in an RS -2, Single Family Residential District and an exception to the exterior building material requirements to convert a single family home to an institutional use and a variance to allow a side yard setback less than 30 feetfor a religious institution in an RS -2 District." I am sorry I will not be able to attend the meeting tonight but I am working with clients this evenings. I would like you to know, I am very very against the condition use permit being issued on this property for this purposes. Based on my knowledge of Real Estate (25 years in Real Estate, full time in Lakeville area and hold a broker's license) I can tell you, if this is granted it would in- pack the property values of the local neighborhoods. Buyers only want to see similar property's in a neighborhood setting. A building with a parking lot is not similar and would pose a unknown to the future buyer. Please feel free to call me if you have any questions. �ellg f-fa"ch ���w� lzogCt� 1 Dempsey, Frank From: Joanie Martin <joanie.mn @gmail.com> Sent: Thursday, July 25, 2013 8:52 AM To: Dempsey, Frank Subject: Proposed parking lot and structure Dear Mr. Dempsey, As a resident who lives off of 192nd street and Iteri Ave., I am quite concerned about the proposed plan for the meeting area and parking lot that are to be built. Please reconsider allowing this development to occur, as the property owners of this area bought their homes for the way the neighborhood is - quiet and safe. This is a quiet neighborhood with many children who enjoy the safety of these surroundings. The proposed plan will jeopardize that quality of life. It will add much needless traffic and visitors that would not normally be in the residential area. It will also add a pollution of light that will take away the serenity of these surroundings. This proposed plan should be rejected so the residents of this neighborhood have the neighborhood they purchased into. Thank you for your time and consideration. Sincerely Joanie Martin 19104 Iteri Ave. Dempsey, Frank From: Chris Treftlin <treftlin @hotmail.com> Sent: Thursday, July 25, 2013 12:04 PM To: Dempsey, Frank Subject: Please oppose zoning change at 9880 192nd St... Dear Mr. Dempsey, will not be able to make it to the meeting tonight because I have to work, but I wanted to notify you of our opposition to the planned zoning deviation for the home at 9880192nd St. We live just down the street at 19107 Iteri Ave. A big part of the reason we bought the house and moved here is because we love the neighborhood. Having a meeting building with a parking lot right across from the entrance to our neighborhood would destroy the family atmosphere that we enjoy. Please keep the residential zoning restrictions in place. Thank you. Sincerely, Chris Treftlin 952 - 223 -1252 Dempsey, Frank From: Christine Turnquist <chrissy.turnquist @gmail.com> Sent: Thursday, July 25, 2013 8:56 AM To: Dempsey, Frank Subject: Minneapolis Meeting Rooms, Inc., 9880 192nd Street Mr. Dempsey Due to the fact that I am unable to attend the public hearing scheduled for this evening I would like to project my concerns in writing in hope that you can submit to the committee. I just recently moved to Iteri Ln. and believe that the addition of an institution would be a negative impact on this community for the following reasons: 1. This will bring more traffic to an area that -has a large population of small children 2. The area that is being taken into consideration does not appear to be large enough to house an institution along with a substantial parking lot and therefore I believe it could turn into an eye sore 3. Due to the fact that there does not appear to be substantial area for parking this would cause the parking to flow into our streets which would make it less safe for the large number of runners, walkers and bikers that frequent the area which only has a sidewalk on 192 and not the Iteri Ave area. One of the main reasons that many of us moved to this area was the fact that it is an area where the main car traffic is only those who live in the direct vicinity as well as the quiet. It is currently safe for our children to ride their bikes (with supervision) with less threat of speeding cars driving by. The area has large lots which make it feel more remote even though we are close to many amenities and adding a public institution could definitely hinder this in my opinion. Thank you Chrissy Dempsey, Frank From: broncob73 @aol.com Sent: Thursday, July 25, 2013 1:48 PM To: Dempsey, Frank Subject: Minneapolis Meeting Room Dear Mr. Dempsey, I am writing to you with my concerns about the permit being considered for the property on 192nd. I plan on attending the planning meeting, but due to prior commitments, I will be unable to stay the entire time. Some of my concerns are as follows: 1) the area is residential and allowing a change in this zoning will bring increased traffic to the neighborhood and on a number of streets which are already quite busy. 2) at a time when the widening of Kenwood Trail is being considered due to increased and projected increased traffic, it seems foolish to add to this by allowing a permit for a use that is non - residential in a residential area. 3) the home was not on the market for a great deal of time. It is not as though the structure remained empty and this was the only option. Why should conditional use permits be the first option when the ownership of a structure or land takes place? In short, I do not believe that this is necessary or even good for the neighborhood. We live here and take pride in our neighborhood and town. We chose our homes because they were in residential areas and that is what we desired. There is no real need to change the designation of this home, I believe it would sell as a residential home if placed back on the market and that is in accordance with the area. This permit change is unnecessary and should be denied. Thank you. Dempsey, Frank From: Tami & Steve Hobbs <sthobbs @charter.net> Sent: Thursday, July 25, 2013 9:47 AM To: Dempsey, Frank Cc: Steven Hobbs; Hedin Subject: 9880 192nd Street Good Morning Frank, My family and I live in the Fairfield residential development just north of the property being proposed as the Minneapolis Meeting Rooms Hall. I have to say, we are very much against having this property turned into a public meeting hall, but more specifically, we are against having the parking lot there. This just seems inappropriate to have a commercial type property in the middle of our residential neighborhood. Quite frankly, we are concerned about the impact it will have on our property values, and neighborhood dynamic. Also, the traffic along 192nd Street is quite heavy as it is. With this proposed property change, I only see that becoming more of a problem. I wish I could attend the meeting this evening, but have a prior commitment. Please consider my opinion in your decision. As I already stated, we are very much against this proposal. Thank you for your time, Tami & Steve Hobbs 19161 Ismay Path 952 - 985 -5519 Dempsey, Frank From: Erin Rourke <emwrourke @gmail.com> Sent: Thursday, July 25, 2013 9:26 AM To: Dempsey, Frank Subject: Conditional Use Permit Request for 9880 192nd Street Mr. Dempsey, My name is Erin Rourke; my husband and I are 10 -year residents of Lakeville living in the Fairfield neighborhood at 192nd Street & Iteri Avenue. Recently, we have received communication regarding a request for a Conditional Use Permit for the home at 9880 192nd Street which would transition the current residental property into a meeting room and add a small parking area to the lot. I realize that a public hearing is scheduled for this evening to discuss the request but I will not be able to attend; as such, I'd wanted to pass along my concerns to you for your consideration. I have two serious concerns that I would like to share. First, the aesthetics of installing a parking area in a clearly residential area would significantly detract from the property in question as well as the surrounding homes and neighborhoods, including my own. The additional of the parking lot would present a challege to the future saleability of the property. There are a considerable number of homes already empty in Lakeville and I believe adding a parking lot would all but eliminate the possibilty of future sale for that site as a residential property. Secondly, and of even further concern, is around the increased traffic on 192nd Street. This road is a signifiantly travelled street with two schools within a few blocks of the proposed site, many residential neighborhood outlets along with a nice and well -used sidewalk for walkers, joggers and bicyclists. The additional traffic created by transforming the property to a meeting space, along with the potential that the propsed parking area would not be sufficient for the size of group using the space, leading to parked vehiches on 192nd Street or Iteri Avenue would create an hazardous and unsafe intersection/area. The combination of the two concerns - the safety issues along with the aesthetics - leads me to request that you deny the application for the conditional user permit. I believe it will be significantly detrimental to the surrounding residential area. I would be happy to discuss further any questions you may have. Please feel free to contact me, either by responding to this email or via phone at 952- 239 -1479. Thank you for your time and consideration of my concerns. Kind Regards, Erin Rourke 19168 Ittabena Way Lakeville, MN 55044 Dempsey, Frank From: Kerry Singh <KerrySingh @charter.net> Sent: Thursday, July 25, 2013 3:01 PM To: Anderson, Douglas Cc: Little, Matthew; LaBeau, Colleen; Davis, Bart; Swecker, Kerrin; Morey, Daryl; Dempsey, Frank; 'Michelle Colbert' Subject: Is Minnesota Meetings Rooms, Inc. A Church? Dear Council Member Anderson. I am sure that you have received many email messages from concerned residents regarding the conversion plans for the home located at 9880 192nd Street, on the corner of Iteri Avenue and 192nd Street, the primary entrance to the Fairfield community. In addition, I sent you a Petition on behalf of approximately sixty concerned Lakeville residents who oppose these plans to convert the home into a Minneapolis Meeting Rooms Hall with a parking lot. In your response to Michelle Colbert, my neighbor, you stated that "It is important to understand that our city ordinances allow for churches to be in residential neighborhoods." Please note that it does NOT appear that the Minneapolis Meetings Rooms, Inc. group is really a church. Michelle Colbert sent you an email message after researching the Minnesota Meeting Rooms organization. In her message she stated that "in the case of the two properties they own on Idaho Avenue, one of which is undeveloped, the Minneapolis Meeting Rooms, Inc group has a "Uses = COMMERCIAL - PREFERRED" and pays nearly $12,000 /year in taxes for both properties. The developed property has a "Building description" as "CLUBHOUSE ". All of this information makes us wonder why this "religious institution" (as described on the Public Notice for Proposed Development) is paying taxes if they are considered a religious group. Churches of all kinds (Catholic, Lutheran, Evangelical, Latter Day Saints, Jehovah's Witness, etc) don't pay property taxes but this group pays property taxes on its current Lakeville property. Why is that ?" Could you please respond to us as to why there is a Public Hearing scheduled this evening in Lakeville about an organization that is not really a church? Also, would you recommend that the Minnesota Meeting Rooms, Inc. group's tax status be reviewed by our City Attorney? Thank you again for your response and for taking the Fairfield community's wishes into your thoughtful consideration if this permit comes to a Council vote. Best Regards, Kerry Singh C: Mayor Little, Council Member Bart Davis, Council Member Colleen LaBeau, Council Member Kerrin Swecker, Planning Director Daryl Morey and Associate Planner Frank Dempsey. Planning Commission Meeting Minutes, July 25, 2013 Page 5 A five foot wide concrete sidewalk must be installed on one side of all local reets throughout the development as shown on the preliminary plat plans. The de toper is responsible for the construction and cost of installing the sidewalks. 8. 190 treet must be upgraded and - -- constructed as required by the Subdivision Ordina a and the Comprehensive Transportation Plan. 9. 8 foot wi asphalt trails must be constructed along Holyoke Avenue, Dodd Boulevard a 190 Street as required by the Parks, Trails and Open Space Plan. 10.A tree inventory nd preservation plan must be submitted prior to the City Council consideratio of the final plat. 11.The overhead utility lin is required to be buried with construction of the plat or the developer must pro 'de a cash escrow for-.the fiuture burial of the overhead � yr . ti utilities.= 12.All proposed subdivision identi ' ation sigr st be shown.D�? the plans prior to City Council approval of the final t. 13. The development must comply with a ficJovving setback requirements: Yard Front Side ` " e Side Rearr ,:. Rear Interior Cor. r (�botting ti` (abutting _ 90 St.) St. 190 RS -3 30' 1�ry 20' z �.' 30' 30' 50' Setbacks a , 4 " RS -4 20' front T `.20' `° 3 30' 50' Setbacks of house 25' front w, of ,g arage 14. Rig ht-of-way�jdt' Dodd U between Date Boulevc the final plaf o��the fir..: identify the Greenwa ,4S Ayes }� llAaguire3 Boersclaa 6. Minneapolis Meeting koa levard adjacent to Outlot B and\fc 'i, ` id the easy;- : boundary of Lot 6 shall b 1• iition They #inal plat of the first add orr`Io�atkin Outlot B. Lillehei, Reuvers, Grenz, Drotning, Swenson �1 190 "' Street dedicated on aq shall also Chair Lille4iet opened a public hearing to consider the application of Minneapolis Meeting Roorrf In&:'r the following, located at 9880 — 192 Street: A. Conditional Use Permit to a religious institution in an RS -2, Single Family Residential District and an exception to the exterior building material requirements to convert a single family home to an institutional use. B. Variance to allow a side yard setback less than 30 feet for a religious institution in an RS -2 District. Chair Lillehei commented that the Planning Commission is an advisory body to the City Council and the City Council makes the final decision. Also, Chair Lillehei recognized Officer Kevin O'Neill who is here in the audience and if there are any questions that relate to law enforcement, he will be happy to answer any questions. Planning Commission Meeting Minutes, July 25, 2013 Page 6 Tom Chellberg, Jerry Holman, Trevor Kendall and Steve Griffith were in attendance representing Minneapolis Meeting Rooms, Inc. (MMR). Mr. Chellberg presented an overview of their request. Mr. Chellberg stated that this building will be a place of worship. He indicated that the inside of the house would be remodeled and a 14 stall parking lot plus one handicapped parking stall is proposed. There will be screening of the parking lot with 23 arborvitae shrubs. The house will remain the same on the exterior. Mr. Chellberg indicated that their church has been in Minneapolis for 130 years and in Lakeville, along with other. suburbs for six years. Traffic will be very minimal with a total of 14 cars twice .,aR� eek, which is less than what a single family residence would create. Associate Planner Frank Dempsey presented the stated that Minneapolis Meeting Rooms, In%pps" conditional use permit (CUP) to allow the conversio family home to a church use with a 40 seat mai n parking lot in the RS -2, Single Family�RA' idential exception from exterior building material rgcqu. reme r being requested with the CUP so that the chu residential character of the building,, He also indicat approval of a variance to the 3t fi66t'.Awst side yard the Zoning Ordinance requires t , insttt tonal uses side yard setback for a structure ih4be RS 210:i'strict, is 15 feet. Currently, the existing l bbse % i 7 feet f; Mr. Dempsey statedttaafR��there, is no pra dsal to expa 'plann'ng,report. Mr. Dempsey submitted ark application for a n of a 1,203s foot single assembly hall -nd a 14 stall District. He incltcyated that an &fbr institutional `lases is also rch can maintain the existing ed that the church is requesting :setback requirements because `# set back twice the required whcb- for a single family home rem the west side property line. rill the existing building. Mr. Dempsey <Teviewed the applicable cr tbria of the general performance standards for the evaluation:; of CUl a gists a6d % - identified the non - conformities on the property which mdtt- #1edraughrarpliance as a stipulation of the conditional use oertlllt ;mpsey rd%6Wed bde that must be met according to the Zoning nce for a varWice, reat"Ost. Mr. Derx�psey stated ttat staff recommends approval of the Minneapolis Meeting Rooms C�Q01itional Use `Permit and variance subject to the 17 stipulations listed in the July 19, 13 p.1 frig report. Chair Lillehei opened the hearing to the public for comment. The following people spoke during public comment: Lawrence Schwiech, 8719 190 Street Monica Carlson 9852 Iteri Lane Julie Klein 19480 Ireland Way Jenny Hansen 19179 Ittabena Way Planning Commission Meeting Minutes, July 25, 2013 Tom Gamcarz Joe Stoddard Ben Mayer Blaine Eggum Ryan Pearson Florence Vork Robert Lane Kurt Hedin Page 7 he public ire discussion defines a :o the City Knutson what the �s already ) locate in imission a particular f religious institutions, government, schools, libraries, all of which are allowed in residential districts according to the Zoning Ordinance subject to a CUP. He indicated that up until 2010, churches were restricted to only residential zoning districts. Due to legal rulings, churches are now allowed in commercial districts where public assembly is allowed and are not allowed in industrial districts. 19 1 12 Iteri A venue 19184 Ittabena Way 19544 Iteri A venue 19390 Iteri A venue 9780 192 nd Street W 19330 Iteri A venue 9875 194 Street 19171 Ittabena Way Planning Commission Meeting Minutes, July 25, 2013 Page 8 Chair Lillehei asked Dan Licht to come forward. Mr. Licht explained that the Zoning Ordinance had only allowed churches in residential districts with a conditional use permit. He stated that that was done historically to place those types of institutions that don't necessarily pay property tax unless they choose to do so, outside of prime locations set aside for commercial and industrial uses in order to generate employment and tax base within the community. He indicated that the court decision to allow churches in commercial locations came about because of the similarities of large scale religious uses compared with theatres or other public.assembly. Chair Lillehei asked Mr. Dempsey if the City can only ri'ake it available for use during specific times and days. Mr. Dempsey sta#el'`that he was not aware of the City regulating the hours of a church. The;hourfhat Minneapolis Meeting Rooms are proposing currently are consisteritith other churches. Many of the public who spoke were concerned with the pa'fCing lot and did not od ' , want a parking lot in their neigh borho Chair Lillehei asked if it is possible for the church to be located in this hghborhood without a harking lot. Mr. Dempsey stated that the parking `reguirements.,�are based on�"t��; >number of people permitted in the main assembly,,, area% , parking lot is required for a church. Stipulation 5 states that parkfhg s be restricted to the on -site parking lot and shall not Sbcur on 192 " Street and Iteri Avenue or any other public streets during religIous%sery in the building. Mr. Demps ind reconsider or revoke their Ct3P if CUP occur. • Officer O'Neall safetyt? have bE!,q. r o police cafls to the'A1 • Due to sd e,, qu Mr. that the pu or other=- religious institution assemblies ..that the Cl Council would be able to >t'r`eet., parkin 'b' or other violations of the he parkinobt. He commented that there neapolis Meeting Rooms other location in t'om the public, Commissioner Drotning IOulations that are in the July 19, 2013 is aware of what is being asked of the min neapottsweetmg xcoom. Commission e66&enzieferenced the public comment regarding whether there is a possibility�':of thigq� uilding becoming a group home. Mr. Dempsey displayed the four plan and indicated that there will be no kitchen, no bedrooms, and fat it would be a meeting room only. There will be no access to f ther lev, of the home. Comm�rs lopb'j�f�Reuvers stated that it has been determined that other cities have these`° ame rules regarding churches, that they are a non - profit and have filed for tax exemption in Dakota County. They fit in with our institutional uses. He doesn't feel that allowing churches in residential areas negatively changes the City of Lakeville. Churches are required to have certain parking regulations and cannot have their parking off site. He indicated that from a traffic standpoint, the traffic would be similar to a residential use and less traffic than if the property was subdivided into three single family lots. Screening was determined to be sufficient with 23 arborvitae shrubs surrounding the parking lot. Planning Commission Meeting Minutes, July 25, 2013 Page 9 • Windows will remain as they currently are in the house. • Mr. Chellberg appreciated the neighbors' concerns. He wants to keep Lakeville the same and welcomed the neighbors to come look at their other property in Lakeville. He stated that the house will not be used for a soup kitchen, there will not be outside music or outside events. They will be at the church for the Lords supper and for the prayer meeting. Mr. Chellberg added that they cooperate with their neighbors and value their neighbors. He will be glad to answer any questions regarding their values, etc. • Commissioner Boerschel asked if this house goes back to purely residential, will the parking lot disappear? Mr. Knutson indicated''that it will be a single family dwelling and would need a bathroom, kitchen, bedrooms, etc. that would have to meet minimum requirements undertf e.building code. • Commissioner Swenson confirmed with Mr Dempsey that there have been no complaints with the other Minneapolis: Meeting R� .building and they have followed the CUP requirements • The approval of a variance to the 30 foot west side yard setback:requirements was discussed. Some of the Co`rn "miss ioners felt that the applicant should have known what the Zoning Oidinance requirements were prior to purchasing the property.. They felt there vas no hardship. Commissioner Reuvers commented that when the legislature revised the ordinance, the standard now reads reasonable:se and he fells it is a reasonable use and a unique circumstance ando longer m refers to .hardship. Commissioner Swenson commented that if the vana,nce is not ;granted and 3 feet of the garage has to b removed to Wmpliy`with 1 1 e;.Zoning Ordinance, will it be what we ultimately wat on the property? If it goes back to residential, there will be more°'cost to 156;1ding the -garage again. Commissioner Maguire feels that under -the new standard for avariance, she felt this qualified under the seven critefaa:•listed intheZDning Ordinance and planning report. • Mr , Chellberg agreed wit}�rathe Planning Commission has discussed. :reviewed ,e Zoning Ordinance before the church purchased the propert y bud t his W6s:,- missed. He indicated that if the Planning Commission votes against recommending granting the variance, the church will agree to ,take three feet off the side` of the garage. • r. Morey corra;nented that regarding the variance, for informational purposes, in the =oning Ordinance it lists major and minor variances and this would actually cfualify as a minor variance because it is characteristic of surrou'ndjng p#'operties and it would be 10% or less of the total property. Mr. Morey iridated that typically minor variances have been granted in the past because of a government action, most recently with property adjacent to Cedar Avenue and the BRT improvements. • Procedurally, Mr. Morey indicated that minor variances can go directly to the City Council and they can choose to hold the public hearing on it. With this particular variance we advertised it along with the CUP, but if the applicant was requesting only the variance, it probably would have gone directly to City Council for their consideration. Planning Commission Meeting Minutes, July 25, 2013 Page 10 Motion was made by Maguire, seconded by Reuvers to recommend a variance to allow a side yard setback less than 30 feet for a religious institution in an RS -2 District. Ayes: Reuvers, Maguire Nays: Lillehei, Grenz, Drotning, Swenson, Boerschel Chair Lillehei and Commissioner Drotning stated that the buyer was aware that they would have to meet the conditions of the CUP. Commissioners Grenz, Swenson and Boerschel felt a significant hardship was not demonstrated. ._ Prior to the vote for the conditional use permit, Mr Morey recommended that a stipulation could be added that reads:,,_ 18. The west side building setback requirement of 30 feet must be met. Mr. More also wanted to point out ' when this oes to Ci Council, the Y p , 9 tY conditional use permit requires a simple rnalority vote of the Council and the variance requires a 4/5 vote. y ... Motion was made by Drotnh* econded by "Swenson to recommend to City Council approval of the Minneapohs, Mee n.,,,,Rooms� n ,ditional Use Permit to allow a religious institution in an RS -2, Single Family Residenfral. District and an exception to the exterior building imaterial req[ frements''to convert a single family home to an institutional use, subject to tine following 18 °'stipulations; as amended: 1. The parking lot * and otherste improvements on the property shall be completed in compliance the sit elan approv the City Council. iii 2. Site developme 1 . shEil�be in c mplfan "e with the recommendations outlined in the luly _j'8 2013 engineering repor{ k % 3. Lan'dscapinc thall Wj Jnstalled according to the approved site plan. The 3 �ndscaping shall ,alive and in healthy condition to act as an effective "'�creen of the parkng lot =�Ar dead landscaping shall be promptly replaced with like' , andscaping m c0mpiiarice with the approved site plan and Zoning Ordinance requarernents. 4. The &Meway froff `K` -192 "d Street shall be used only for handicap parking or access to=ahe, Said driveway shall not be used for non - handicap parking during time§�bf,'- religious assembly. 5. Parking durin '" religious services or other religious institution assemblies in the building or the property shall be restricted to the on -site parking lot and shall not occur on 192 Street and Iteri Avenue or any other public streets. 6. If the property is no longer used for a church or assembly use, the parking lot shall be removed and groundcover shall be reestablished in compliance with Zoning Ordinance requirements prior to occupancy of the building for any other use. Planning Commission Meeting Minutes, July 25, 2013 Page 11 7. The property shall not be used for commercial, residential or residential shelter purposes. 8. Amplification of sound outdoors is not permitted. 9. The water well on site shall be abandoned and sealed in accordance with official requirements. 10. Required parking spaces shall not be used for snow storage. 11. The overhead utility service between the electric power pole and the building shall be place underground. 12. Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage. 13. The use and property shall be in compliance with any federal, state or county law or regulation that is applicable and any related:pertxt;its shall be obtained and documented to the City. 14. A building permit is required prior to commencing any buildirig,t'emodeling. _: ,. 15. Any future building expansion will require conditional use` - permit amendment and must meet Zoning Ordinance setbab ". requirements. 16. No wall signs shall be allowed on the church building., 17. A financial security of $15,000 shall be submitted f® "guarantee completion of the ;., site improvements and other improvements required by this conditional use permit. 18. The west side building setbackrec}tiirement of 30. et must be met. Ayes: Reuvers, Grenz, Drotning,:=Sanrenson; - aguire, Boerschel, Lillehei Nays: 0 4 Break at 8:22 Reconvened at 8: Chair he doened the public hearing to consider an amendment to Title 11 (the ZOA Or i ce)of the Lakeville City Code to allow existing single family dwellings as interim use MIX the RH -I Multiple Family Residential District, the O R, Office /Residential Tr ition District, and the C -CBD, Commercial Central Business Distncf _ �r> Dan Licht from The Ptanning Com ny presented the planning report. Mr, Licht stated that on Jute''20, 2013 the Pla g Commission held a work session to consider issues `rebated to the non - conforms status of an existing single family residence located at 8710 210 Street ( Kettelhut). a indicated that at that meeting City staff was directed to draft an amendment to the ing Ordinance that would allow the construction of one small detached accessory bui on this property and other similar non - conforming single family properties. Mr. Licht explained that the Kettelhut property is zoned O -R, Office/ dential Transition District which does not provide for single family dwellings as an allbwed Item NO$ City of Lakeville Planning Department �'1► Lakeville Memorandum To: Planning Commission From: F nk Dempsey, AICP, Associate Planner Date: July 19, 2013 Subject: Packet Material for the July 25, 2013 Planning Commission Meeting Agenda Item: Conditional Use Permit and Variance for Minneapolis Meeting Rooms, Inc. Application Action Deadline: July 30, 2013 (extended 60 days to September 28, 2013) INTRODUCTION Minneapolis Meeting Rooms, Inc. (members of the Plymouth Brethren church) have submitted an application for a conditional use permit to allow the conversion of a 1,200 square foot single family home to a church use with a 40 seat main assembly hall (worship area) and a 14 stall parking lot in the RS -2, Single Family Residential District located at 9880 - 192 Street. The church also proposes to maintain the existing residential character of the building by keeping the residential design and exterior building materials intact. An exception from exterior building material requirements for institutional uses is also being requested. The property is 3.0 acres in area and includes a single family home and a 200 square foot detached accessory building. Religious institutional uses, including churches, are allowed in the RS -2, Single Family Residential District subject to the approval of a conditional use permit. Minneapolis Meeting Rooms, Inc. also has a church located at 21151 Idaho Avenue, west of Dodd Boulevard and north of 212th Street that received conditional use permit approval in 2011. According to the application narrative provided with the application, the church proposes to have a smaller second church location to serve the needs of their congregation. Planning Department and Engineering Division staff has reviewed the conditional use permit plans for compliance with the Zoning Ordinance and findings of fact and a recommendation are included in this report. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Application Narrative D. Survey /Site Plan, Grading, Drainage, Erosion Control and Landscape Plan E. Existing Floor Plan F. Proposed Floor Plan G. Appaloosa Farm Sketch Subdivision Layout H. Meeting Notes of the June 25, 2013 Neighborhood Meeting I. Petition letter and Emails from Neighborhood Residents (13 Pages) SITE ANALYSIS Zoning. The property is zoned RS -2, Single Family Residential District. The subject property is a 3 acre metes and bounds described parcel. The lot meets the lot area and lot width requirements for the RS -2 District. Churches and other religious institutions are allowed in the RS -2 District by conditional use permit. Surrounding Land Uses and Zoning North -192nd Street and single family homes (RS -3 District) South - Single family homes (RS -2 District) East - Iteri Avenue and single family homes (RS -2 District) West - Single family homes (RS -2 District) and CSAH 50 Comprehensive Plan. The subject property is located in Planning District No. 5 and is guided for low density residential land use by the City's 2030 Land Use Plan. Public and quasi - public land uses such as schools, churches, government buildings and utility sites are allowed in residential zoned areas by conditional use permit. In such locations where public and quasi - public uses abut residential land uses, the Comprehensive Plan suggests that site design, building orientation, access locations, setbacks, landscaping and screening be provided for buffering and transition to mitigate potential compatibility issues. Appaloosa Farm Subdivision. The Appaloosa Farm residential neighborhood was first subdivided in the late 1960's and included 25 metes and bounds described single family home parcels within 70 acres. The parcels are between two and three and a half acres in size. 2 The first homes were constructed in 1970 and 1971. In 2002, following the development of The Greenway residential development north of 192 " Street, the City was able to provide sanitary sewer and water services throughout the Appaloosa Farm neighborhood. Nine new parcels have been created and six new homes have been constructed in the Appaloosa Farm neighborhood by approval of a plat or administrative subdivision since City sewer and water were extended through the neighborhood. A property subdivision sketch was created in conjunction with the street and utility improvement project in 2002 to estimate possible future subdivisions of some or all of the properties in Appaloosa Farm (Exhibit G). The property owned by Minneapolis Meeting Rooms is three acres in area and could be subdivided to create one or two single family lots as shown on Exhibit G. Building Re -Use. If the religious institution use of the property is discontinued, any future use of the property will be subject to the uses allowed by the Zoning Ordinance at that time. If the property is no longer used for a church or religious institutional use, the parking lot shall be removed and groundcover reestablished prior to occupancy of the building for any other use. Grading, Drainage, Erosion Control and Utilities. The existing house on the property is connected to City sewer and water. Private utility services are provided via an overhead power line from a wood pole located along the west property line. The change in the use of the property from single family residential to institutional use will require that the non - conforming overhead power line to the building be placed underground. A private well that once provided water service to the house prior to the availability of City water is located next to the existing driveway. The well is separate from the public water service and is used for outdoor irrigation. Staff recommends a stipulation that the well be sealed. The project engineer has submitted a grading, drainage and erosion control plan for the proposed site and the construction of the proposed parking lot. The Engineering Division recommends approval of the conditional use permit plans subject to the recommendations outlined in the engineering report dated July 18, 2013. CONDITIONAL USE PERMIT ANALYSIS The subject property is zoned RS -2, Single Family Residential District. Religious institutions such churches are allowed by conditional use permit subject to a side yard setback requirement double that required by the zoning district but not greater than 30 feet. The attached garage is setback 27 feet from the west side property line but the garage will not be occupied for church use. The ratio of building and pavement area to lot size is approximately 7 %. Section 11 -4 -7 of the Zoning Ordinance includes general performance standards for the evaluation of conditional use permit requests. Staff's review of the applicable criteria as they 3 pertain to the conditional use permit request of Minneapolis Meeting Rooms, Inc. is as follows: A. The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right of way shall be provided. The subject property abuts 192nd Street to the north which is a major collector road as defined by the City's Transportation Plan. 192n Street is a 36 foot wide road. Eight (80) feet of right -of -way is required for 192nd Street. This is achieved with a combination of 51 feet of right -of -way dedicated with The Greenway 1 st and 2nd Addition final plats and a 29 foot roadway easement along the south side of 192nd Street. The subject site currently has a driveway that accesses 192nd Street. The church parking lot is proposed to access Iteri Avenue, a local street, restricting further driveway access onto the major collector road consistent with Zoning Ordinance requirements and the residential character of the neighborhood. The parking lot access will be located 53 feet south of the 192nd Street and Iteri Avenue intersection which is considered acceptable given the small size of the church and parking lot and to minimize impacts to the residential neighborhood. The church proposes to use the property twice per week for up to 40 persons and approximately eight to ten but not more than 14 vehicles at any one time. Vehicle trips to the property for the church use as described in the narrative will result in approximately 56 vehicle trips per week, consistent with the number of vehicle trips for a single family home which is typically 70 trips per week. B. The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with chapter 19 of this title. The proposed 14 stall parking lot will be located at the north end of the property adjacent to 192nd Street minimizing traffic impacts to the Appaloosa Farm neighborhood to the south. C. If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles. A sidewalk will be constructed between the parking lot and the church entrance. A trail is located on the north side of 192nd Street that was constructed in conjunction with The Greenway residential development. The Appaloosa Farm neighborhood between 192nd Street and Kenwood Trail (CSAH 50) to the south is a large lot single family neighborhood without sidewalks. There is no sidewalk is on the south side of 192nd Street or on either side of Iteri Avenue. 0 D. Adequate off street parking and off street loading shall be provided in compliance with chapters 19 and 20 of this title. The church proposes seats for up to 40 persons. The Zoning Ordinance requires that churches provide parking at a ratio of one space for each three seats of the capacity of the main assembly hall. The Zoning Ordinance requires 14 parking spaces. Fourteen (14) parking spaces are proposed in the parking lot plus one handicap accessible parking space will be provided in the existing driveway. The site plan shows that four additional parking spaces could be constructed the in future to accommodate additional parking needs. Vehicle parking associated with those occupying the church property shall not occur on any public street. The parking lot is set back 15 feet from the 192 Street road easement in compliance with Zoning Ordinance requirements. E. Loading areas and drive -up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district, and provided in compliance with chapter 20 of this title. The parking lot will be located on the east side of the lot, east of the existing building. A driveway is located north of the existing garage which will be used to access the garage and for a single handicap parking space. The parking lot will include landscape screening to act as a visual and noise buffer to the adjacent residential area. The nearest residential homes to the proposed parking lot and loading area are approximately 155 feet to the north, 280 feet to the southeast and 150 feet to the west. F. Whenever a nonresidential use "is adjacent to" a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with chapter 21 of this title. Twenty -three (23), four foot tall arborvitae shrubs are proposed to be planted as a screening buffer between the proposed parking lot and the adjacent residential uses. There are seven mature spruce trees and four mature deciduous trees that will remain and act as a visual and sound buffer for the single family homes to the north. A 45 foot wide buffer lies between the south curb line of 192 Street and the proposed parking lot. A financial security in the sum of $15,000 shall be required to guarantee completion of the improvements shown on the site plan such as the parking lot construction, sealing the well, burying the overhead power to the building, landscaping installation, grading and erosion control and other related site construction improvements. G. General site screening and landscaping shall be provided in compliance with chapter 21 of this title. The proposed landscaping and screening meet the size and height requirements of the Zoning Ordinance. H. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right of way or neighboring residential uses or districts, and shall be in compliance with section 11 -16 -17 of this title. No exterior lighting is proposed to be installed on the property. Lighting is allowed by the Zoning Ordinance but it must be down -cast type lighting and shall not glare onto adjacent properties. Lighting is not allowed to exceed one foot candle of intensity at any property line. I. Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with section 11 -16 -25 of this title. The applicants have not indicated that any outdoor services or other formal gatherings will occur outside the building. No outdoor sound amplification is permitted. J. The site drainage system shall be subject to the review and approval of the city engineer. Please refer to the attached engineering report prepared by Mark Hansen, Assistant City Engineer dated July 18, 2013. K. The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. The church representatives have indicated that they wish to maintain the residential character of the single family home that is currently on the property. The building consists of painted wood siding and asphalt roof shingles. There is no proposal to increase the size or to make any other significant changes to the outside appearance of the building. Section 11 -17 -9D of the Zoning Ordinance states that commercial, office and institutional uses, of which churches are included, must provide exterior finishes composed of at least sixty five percent (65 %) grade A materials; not more than thirty five percent (35 %) grade B or grade C materials and not more than ten percent (10 %) grade D materials (excluding windows, doors or roof area). The Zoning Ordinance allows for an exception from the architectural requirements subject to the approval of a conditional use permit. The criteria required for the exception is listed in 11 -17 -9G of the Zoning Ordinance as follows: C. 1. The use is an essential service as defined by this title; or 2. The applicant shall have the burden of demonstrating that: a. The proposed building maintains the quality in design and materials intended by this title. By keeping the existing building exterior intact, the building will be consistent with the character of the neighborhood, meeting the intent of the Zoning Ordinance. b. The proposed building design and materials are compatible and in harmony with other structures within the district. The exterior building materials on the existing building are consistent with other single family residential buildings of it's age in the area. c. The justification for deviation from the requirements of this section shall not be based on economic considerations. By keeping the existing exterior building materials the church intends to compliment and blend into the predominant architecture of the Appaloosa Farm neighborhood. L. Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with section 11 -18 -11 of this title. This provision will be a stipulation of the conditional use permit. No outdoor trash storage is proposed as part of this conditional use permit. M. All signs and informational or visual communication devices shall be in compliance with chapter 23 of this title. No identifying signage is proposed with this conditional use permit and variance. If signage is proposed at a later date, it would be required to be in compliance with Zoning Ordinance requirements. Staff recommends no wall signs so as to be in keeping with the single family residential character of the Appaloosa Farm neighborhood. N. The use and site shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city. This provision shall be a stipulation of the conditional use permit. rl O. Any applicable business licenses mandated by this code are approved and obtained. No business licenses are required for the proposed church use. No commercial business shall be operated from the property. P. The hours of operation maybe restricted when there is judged to bean incompatibility with a residential use or district. The proposed days and hours of occupancy by the church are considered compatible with the residential character of the neighborhood. The church's proposed days of occupancy are twice per week on Sunday mornings and Monday evenings around 7:00 PM. Q. The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any nonconformities shall be eliminated. Zoning nonconformities include the driveway onto 192 Street, the side yard setback of the church building to the west property line, the overhead private utility service to the building and along 192 Street and the private well. Staff recommends that the power line to the house be placed underground, the well to be sealed and a variance be approved for the existing west side yard and building setback. R. All additional conditions pertaining to a specific site are subject to change when the council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein. VARIANCE ANALYSIS Minneapolis Meeting Rooms, Inc. is requesting the approval of a variance to the 30 foot west side yard setback requirements. The existing house is 27 feet from the west side property line. Section 11 -51 -7D of the Zoning Ordinance requires that institutional uses be set back twice the required side yard setback for a structure in the R -2 District, which for single family homes is 15 feet. The variance is required since the proposed change in use of the property from residential to institutional use requires the increased setback. There is no proposal to expand the existing building. Section 11 -6 -5 of the Zoning Ordinance requires that a variance not be approved unless it can be found that failure to grant the variance will result in practical difficulties. "Practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by this title. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The following criteria must also be met: A. That the variance would be consistent with the comprehensive plan. The Comprehensive Plan designates the subject property as low density residential. Religious institutional uses are allowed in low density residential zoned properties by conditional use permit. B. That the variance would be in harmony with the general purposes and intent of this title. The setback variance of approximately three feet would allow the existing side yard setback of the garage to remain. The side yard setback is compliant for a single family home use. An institutional use requires double the required setback of 15 feet in the RS -2 District for a total of 30 feet. The existing building will remain in harmony with the general purposes and intent of the Zoning Ordinance. C. That the plight of the landowner is due to circumstances unique to the property not created by the property owner. The house was constructed in 1970 in compliance with setback requirements including a side yard setback of 27 feet to the west property line. The minimum side yard setback for an institutional use building is double that required for the zoning district. The setback of the garage is not a result of action by the church. D. That the purpose of the variance is not exclusively economic considerations. The church proposes to keep the existing attached garage intact. No expansion of the existing building or an increase in the non - conforming setback is proposed. The purpose of the variance was not caused by the church and is not being requested exclusively for economic considerations. E. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. Approval of the setback variance will not alter the essential character or be injurious to the neighborhood in which the parcel of land is located. F. That the requested variance is the minimum action required to eliminate the practical difficulty. No expansion, alteration or increase in non - conformity of the existing building is proposed. Staff recommends that any future expansion be required to meet the 30 foot setback requirement. G. Variances may not be approved for any use that is not allowed by the Zoning Ordinance where the affected person's land is located. The proposed religious institution use of the property is allowed in the RS -2, Single Family Residential District subject to the approval of a conditional use permit. Findings of fact incorporating these responses to the variance criteria are attached for your review. Neighborhood Meeting. On June 25, 2013 at 6:00 p.m., representatives of Minneapolis Meeting Rooms, Inc. hosted a neighborhood meeting at Heritage Library to introduce their proposal and to answer questions from neighborhood residents. My notes from the neighborhood meeting are attached as Exhibit H of the planning report. Resident Letters / Emails. At the time of this planning report, seven emails, including a petition with signatures, have been submitted by residents of the neighborhood. Those emails and letters are attached as Exhibit I. Any additional emails or letters received prior to the public hearing will be provided to the Planning Commission at the July 25, 2013 meeting. RECOMMENDATION Planning Department staff has reviewed the Minneapolis Meeting Rooms Church conditional use permit and variance applications and plans and has determined that the requests meet Zoning Ordinance requirements and therefore recommends approval subject to the following stipulations: 1. The parking lot and other site improvements on the property shall be completed in compliance with the site plan approved by the City Council. 2. Site development shall be in compliance with the recommendations outlined in the July 18, 2013 engineering report. 3. Landscaping shall be installed according to the approved site plan. The landscaping shall remain alive and in healthy condition to act as an effective screen of the parking lot. Any dead landscaping shall be promptly replaced with like landscaping in compliance with the approved site plan and Zoning Ordinance requirements. 4. The driveway from 192 " Street shall be used only for handicap parking or access to the garage. Said driveway shall not be used for non - handicap parking during times of religious assembly. 10 5. Parking during religious services or other religious institution assemblies in the building or the property shall be restricted to the on -site parking lot and shall not occur on 192 Street and Iteri Avenue or any other public streets. 6. If the property is no longer used for a church or assembly use, the parking lot shall be removed and groundcover shall be reestablished in compliance with Zoning Ordinance requirements prior to occupancy of the building for any other use. 7. The property shall not be used for commercial, residential or residential shelter purposes. 8. Amplification of sound outdoors is not permitted. 9. The water well on site shall be abandoned and sealed in accordance with official requirements. 10. Required parking spaces shall not be used for snow storage. 11. The overhead utility service between the electric power pole and the building shall be placed underground. 12. Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage. 13. The use and property shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city. 14. A building permit is required prior to commencing any building remodeling. 15. Any future building expansion will require a conditional use permit amendment and must meet Zoning Ordinance setback requirements. 16. No wall signs shall be allowed on the church building. 17. A financial security of $15,000 shall be submitted to guarantee completion of the site improvements and other improvements required by this conditional use permit. cc: Minneapolis Meeting Rooms, Inc. CUP /Minneapolis Meeting Rooms 11 �_ UFPE�R�� Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 176 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 7/5/2013 EXHIBIT B May 30, 2013 C�fy &f L-a e,� 20195 Ho{.yoke Ave Laa<zvi,L , MN 55044 R CUP AprkZcaqiow, 9880 192 Sfree�- To- Wes- w i f- wui.y C'O- erw, minneapolis meeting rooms, inc_ M i.v�ol,i y M e 4-i " ROV wv,-, lo-,c, (MMR) i�Y a spa(,(,, LaAt vi.Uz- lyatie-ol. OPw4fE a � g rQU-p. We a.re yeel<,i,vi.g a wN ee,f g k4 1, for a vwa4c i,vwwvw of 40 p- rwo fo - mt e+ for Loro4 S of -ra r (Ho4,9 ) a,,--, , P ray er M evfi,vLgy. 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Y 9 1 , 1 , i ' I f i I 1 I 1 1 f 1 ; I 1 ( i 1 i I I 1 ( e i i 11 ` 1t\ . 1. � Y T N r .� -- i _ - I , , I 1 1 <I 1 ( LJ i" j 1 ,p f i I 1 I 1 1 f 1 ; I 1 ( i 1 i I I 1 ( e i i 11 ` 1t\ City of Lakeville Planning Department M ll k l Lake Memorandum TO: Planning Commission FROM: Frank Dempsey, AICP, Associate Planner DATE: June 26, 2013 SUBJECT: Minneapolis Meeting Rooms Church Neighborhood Meeting Notes On June 25, 2013 at 6:00 p.m., representatives of Minneapolis Meeting Rooms, Incorporated (members of the Plymouth Brethren church) hosted a neighborhood meeting at Heritage Library for their proposed conditional use permit to convert an existing single family home into a 40 seat religious institution facility. The property is located at 9880 —192 Street. The meeting was attended by the following individuals: • Six church representatives • Approximately 20 neighborhood residents The Minneapolis Meeting Rooms representatives introduced themselves and gave a brief presentation of the church's plans for the property and building. The property is approximately three acres and is proposed to include 14 parking spaces for the 40 seat main assembly area of the building. The church representatives will be asking for approval of a conditional use permit to allow the religious institution use of the property. The following questions were raised by neighbors: 1. How large is the proposed assembly area? 2. What will be the days and hours of services? EXHIBIT H 3. Can the parking lot be accessed from 192 Street? 4. Will parking be allowed on street? 5. Can the buildi.ng be converted back to a residential use? 6. Will the building be used for any other residential or residential shelter type of use? 7. Church growth plans and projections? 8. How is building occupancy controlled for the maximum number of seats? 9. Concerns about traffic impact and pedestrian safety on Iteri Avenue. 10. A written intent on the planned use of the property was requested. 11. Provide parking lot screening. 12. Will existing spruce trees remain between the house and 192 " Street? 13. What will be the financial impact of the parking lot to property values in the neighborhood? 14. How will the site drainage be handled? 15. On site and parking lot lighting? 16. Any proposed signs? Lack of a sign may promote vandalism. 17. The empty building may promote vandalism if not occupied as planned between Tuesday and Saturday. The meeting adjourned at 7:00 pm June 28, 2013 Dear Mayor Little, Council Member Doug Anderson, Council Member Bart Davis, Council Member Colleen LaBeau, Council Member Kerrin Swecker, Planning Director Daryl Morey and Associate Planner Frank Dempsey. We strongly oppose the plans to convert the home located at 9880 192n Street into a Minneapolis Meeting Rooms Hall with a parking lot. The development of a parking lot in a residential area will bring increased traffic and create significantly higher safety concerns to the residents living nearby. It will also create noise, air, and light pollution seriously impeding the residents' ability to peacefully enjoy their homes . and the small -town feel of our Lakeville community. Many small children and family members like to walk, bike, and jog on this busy street. As Lakeville residents and homeowners, we believe and support the Vision of the City of Lakeville that states, Lakeville is the choice for residents and businesses looking for a superior quality of life, unique and connected neighborhoods, and a character that reflects a strong sense of community. We do not feel that converting a home into a Meeting Hall with a parking lot supports the City of Lakeville Vision. In fact, it opposes it. In addition to the concerns mentioned above, such a parking lot on a highly visible street will be a blight to the surrounding residential areas and have an adverse impact on the existing and future home values. This will also negatively impact tax revenue to the City of Lakeville. As leaders of Lakeville, we urge you to support the families of Lakeville. We urge you to reject the current plans to convert the home located at 9880 192n Street into a Minneapolis Meeting Rooms Hall with a parking lot. Sincerely, Concerned Lakeville Residents (Please see the attached list of signatures.) EXHIBIT I m I NAME SIGNATURE ADDRESS / iz y � y NA ME ®^ -E ADDRE Dempsey, Frank From: Blaine Eggum <bineggum @gmail.com> Sent: Friday, June 28, 2013 4:20 PM To: Dempsey, Frank Subject: Church Parking lot Frank, I live at 19390 Iteri Ave and was present at the neighborhood meeting that was recently held for the change in use and church parking lot. I would like share some thoughts with you for your discussions with the planning department. I'm assuming that we have no say as far as the use in the residential setting. However I chose this location to build my house in a more of a rural setting where houses would not be stacked on top of each other. The neighborhood is unique in the fact that we are basically in the heart of Lakeville and still live on acreage. This change in use is exactly what we wanted to not have to look at (a parking lot). I'm very against putting a parking lot in our quiet neighborhood. That said I'm assuming the planning board is going to go ahead with it anyways as its been done in the past. So if I have any voice in the matter at all please make sure that the size cannot increase in the future and that there is plenty of screening in place in order to hide as much of the parking lot as possible. There should be restriction on noise as well as far as if they were to hold any outside events. Thanks for your time and taking my concerns into consideration. Thanks, Blaine Eggum 1 Dempsey, Frank From: Paul Schliesman <schliesman @hotmail.com> Sent: Sunday, July 14, 2013 10:13 PM To: Little, Matthew; Anderson, Douglas; Davis, Bart; LaBeau, Colleen; Swecker, Kerrin; Morey, Daryl; Dempsey, Frank Subject: Minneapolis Meeting Rooms Hall parking lot Dear Mayor Little, Council Member Doug Anderson, Council Member Bart Davis, Council Member Colleen LaBeau, Council Member Kerrin Swecker, Planning Director Daryl Morey and Associate Planner Frank Dempsey- We strongly oppose the plans to convert the home located at 9880 192 Street into a Minneapolis Meeting Rooms Hall with a parking lot. The development of a parking lot in a residential area will bring increased traffic and create significantly higher safety concerns to the residents living nearby. As Lakeville residents and homeowners, we believe and support the Vision of the City of Lakeville that states, Lakeville is the choice for residents and businesses looking for a superior quality of life, unique and connected neighborhoods, and a character that reflects a strong sense of community. We do not feel that converting a home into a Meeting Hall with a parking lot supports the City of Lakeville Vision. In fact, it opposes it. In addition to the concerns mentioned above, such a parking lot on a highly visible street will be detrimental to the surrounding residential areas and have an adverse impact on the existing and future home values negatively impacting tax revenue to the city. As leaders of Lakeville, we urge you to support the families of Lakeville. We urge you to reject the current plans to convert the home located at 9880 192 Street into a Minneapolis Meeting Rooms Hall with a parking lot. Thank you. Sincerely, Jay & Kathy Schliesman 19134 Ismay Path Lakeville Dempsey, Frank From: Sanita.Manyram <Sanita.Manyram @target.com> Sent: Tuesday, July 16, 2013 9:08 AM To: 'mlittle @lakevillemn.gov'; 'danderson @lakevillemn.gov; 'bdavis @lakevillemn.gov'; 'clabeau @lakevillemn.gov; 'kswecker @lakevillemn.gov'; 'dmorey @lakevillemn.gov'; 'fdem psey @lakevillem n.gov' Cc: Sanita.Manyram; ragjieram @aol.com Subject: Minneapolis Meeting Rooms Hall with a parking lot Dear Mayor Little, Council Member Doug Anderson, Council Member Bart Davis, Council Member Colleen LaBeau, Council Member Kerrin Swecker, Planning Director Daryl Morey and Associate Planner Frank Dempsey. We are writing to you as very concerned citizens of Lakeville to let you know that we strongly oppose the plans to convert the home located at 9880 192 Street into a Minneapolis Meeting Rooms Hall with a parking lot. In 2012 Lakeville was listed as #19 on the top 100 cities to live in by Money Magazine. We are very proud of our neighborhood and take great pride in up keeping it. We are asking you as leaders to help us keep it this way. Creating a parking lot in this highly residential area will bring increased traffic and create significantly higher safety concerns for all of us, not to mention the noise and air pollution. Our neighborhood is very family oriented with many, many small children. Our kids are constantly playing from one yard to another. This will take away our children's freedom and be very stressful for us as parents. We will be unable to enjoy the peacefulness of our community and our homes. Our quiet walks and bike rides will become very worrisome as this parking lot will mean increased traffic. Approving the creation of a parking lot in our community and converting a home into a Meeting Hall will not be in support of our community. Another big concern for us is because this property is on the main street leading into our community, the impact this will have on the value of our homes and how negatively this will impact the tax revenue to the city of Lakeville. We are urging you as our Lakeville leaders to support the families of Lakeville and reject the current plans to convert the home located at 9880 192 Street into a Minneapolis Meeting Rooms Hall with a parking lot. Thank you for your kind consideration to this matter! Sincerely, Jay & Sanita Ragjieram 19142 Ismay Path, Lakeville, MN 55044 612 - 636 -8937 Dempsey, Frank From: Heather McKinley <heathermc5 @gmail.com> Sent: Sunday, July 14, 2013 7:05 PM To: Little, Matthew; Davis, Bart; Swecker, Kerrin; Dempsey, Frank; 'danderson @lakevillemn.gov; LaBeau, Colleen Subject: Minneapolis Meeting Rooms Proposal Dear Lakeville Leaders, Thank you for your service to our community. It is very much appreciated. I am a concerned neighbor who is opposed to the renovation adjacent to our street, Iteri Avenue. The group is called "Minneapolis Meeting Rooms" and plans to renovate a residential property into a meeting space with a parking lot. My husband and I feel this will aversely affect property values and traffic flow. We are also concerned that if this group moves on, there will be little to no resale value with the presence of the parking lot and state of the inside. If it goes unkempt for any length of time ... all of the homes in our neighborhood will also adversely affected. Please carefully consider this proposal and all elements involved in turning this property into something other than a home. Regards, Heather McKinley Heather McKinley (612)889 -0049 Dempsey, Frank From: Heather McKinley <heathermc5 @gmail.com> Sent: Wednesday, July 17, 2013 11:14 AM To: Dempsey, Frank Cc: Little, Matthew; Anderson, Douglas; Davis, Bart; LaBeau, Colleen; Swecker, Kerrin; Morey, Daryl Subject: Proposal at 9880 192nd St. Rick and Heather McKinley 19128 Iteri Ave. Lakeville, MN 55044 July 16, 2013 Frank Dempsey Associate Planner, City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Mr. Dempsey, We are sending this letter because we are unable to attend the public hearing July 25. Thank you for the option of contacting you in this way. We echo the concerns of our friends and neighbors, Mike and Michelle Colbert, and have outlined their words below. We do not think that the proposed location for this group is a good idea and will affect our neighborhood in a negative way. After learning that a group has requested that the home located on 192nd Street at the corner of Iteri Avenue be issued a conditional use permit to remodel the interior of and add a parking lot, we had a lot of questions and concerns. The addition of a parking lot on that corner will not only be unsightly in a nice residential neighborhood, it could attract trespassers once everyone knows the home is no longer a residence. Without people actively living in the house, on nights after it becomes known that no one will be living in the building, the parking lot could become a meeting place for unsavory activity because no one will be in the home to report the activity. In the decade the Fairfield neighborhood has existed, there have been numerous cases of break -ins to cars left on the street or in driveways and even worse, several home invasions. The parking lot would sit lower than 192nd Street and be a perfect place for a would -be criminal to stake out the neighborhood to see when cars come and go. Being law - abiding citizens, it is hard to imagine the exact behavior could take place on the property when it is not being used by the group but we are not naive enough to think illegal activities are not a possibility. On a different note, if a meeting is held and more cars arrive than will fit in the parking lot, cars will line the sides of 192nd Street causing possible traffic issues. There is concern over what will happen to the property when it is not being used for group meetings. Will the group decide to use it as a homeless shelter or soup kitchen? Will the group use the property for frequent outdoor meetings that could impact the quiet peace of the neighborhood? A Google search of "Minneapolis Meeting Rooms, Inc" and other variations, found no website for this church group. Given nearly every church we know of has a website, it would seem this group is very private. We did find an article in the Star Tribune, http: / /www.startribune.com /local /south/122189674.html that indicated that the group submitted an application in May 2011 for a new church to be built on a plot west of Dodd Boulevard and north of 212th Street, at 21151 Idaho Avenue. The article mentioned that the proposed building would be 3,200 SF, seat 72 people and would include 34 parking spaces. We searched this property on the Dakota County property records website and found that the group does not have the tax exempt status which is typical of church groups. Churches are listed on the site as having a "Uses = EXEMPT ", with no text in the "Building description" box and have $0 of tax due each year. But in the case of the two properties they own on Idaho Avenue, one of which is undeveloped, the Minneapolis Meeting Rooms, Inc group has a "Uses = COMMERCIAL - PREFERRED" and pays nearly $12,000 /year in taxes for both properties. The developed property has a "Building description" as "CLUBHOUSE ". All of this information makes us wonder why this "religious institution" (as described on the Public Notice for Proposed Development) is paying taxes if they are considered a religious group. Churches of all kinds (Catholic, Lutheran, Evangelical, Latter Day Saints, Jehovah's Witness, etc) don't pay property taxes but this group pays property taxes on its current Lakeville property. Why is that? What makes this group so different from other churches that the government doesn't seem to recognize it as a church. Further, if the group has the funds to buy and remodel this property on 192nd Street, (it is on record that it paid $210,000 for the home on 192nd Street) it goes without saying that the first big question is why does the group not just add on to that site? Given that that building is less than two years old, it seems very strange that they would not expand their current site. What happens if the group decides it no longer wants to meet at this building? What happens to the building? Our understanding is that the remodel will result in a building that look like a private residence from the outside but will no longer resemble a private family home. Will the property sell with the conditional use permit, or is the permit limited to this group? What happens if the group meeting needs grow to overflow the parking lot, where will the people park? If the group starts parking along 192nd Street result in the group's conditional use permit being revoked? If so, would the City require the group to pay to remove the parking lot and convert it back into a single - family home before it can be listed for sale again? What kind of precedence would be set by allowing this group to convert a property with an existing single - family home currently zoned as a residence into a meeting hall? Could any single - family home be converted to a meeting hall in any neighborhood? Where does the City draw the line between which homes can be converted and which cannot? Lastly, there is concern over the addition of the parking lot and the converting of the private residence into a meeting hall could have an adverse affect on the resale value of each of the nearby homes as prospective buyers could pass over homes in this area for other neighborhoods without a nearby property that has had an out -of- the- ordinary zoning change made. We ask each person on the committee making this decision to ask themselves if they would want to live near this property if it was updated with a parking lot and remodeled into a meeting hall, especially given the fact that the group already owns land in Lakeville and expansion seems to be more reasonable to take place at that site. It is our hope that the property at 9880 192nd Street will remain a traditional 4- bedroom single - family home. Sincerely, Rick and Heather McKinley CC: Matt Little, Mayor Doug Anderson, City Council Bart Davis, City Council Colleen LaBeau, City Council Kerrin Swecker, City Council Daryl Morey, Planning Director Dempsey, Frank From: Michelle Colbert <mmcolbert @gmail.com> Sent: Tuesday, July 16, 2013 11:22 PM To: Dempsey, Frank Cc: Little, Matthew; Anderson, Douglas; Davis, Bart; LaBeau, Colleen; Swecker, Kerrin; Morey, Daryl Subject: Proposed development at 9880 192nd Street Michael & Michelle Colbert 19138 Ittabena Way Lakeville, MN 55044 July 16, 2013 Frank Dempsey Associate Planner, City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Mr. Dempsey, Thank you for taking the time to speak with me on the phone on June 25 and again today. I hightlight below some of the concerns we have after learning a few weeks ago about the plans for the property at 9880 192nd Street, on the corner of Iteri Avenue and 192nd Street, the primary entrance to the Fairfield community, a neighborhood of nearly 100 homes. After learning that a group has requested that the home located on 192nd Street at the corner of Iteri Avenue be issued a conditional use permit to remodel the interior of and add a parking lot, we had a lot of questions and concerns. The addition of a parking lot on that corner will not only be unsightly in a nice residential neighborhood, it could attract trespassers once everyone knows the home is no longer a residence. Without people actively living in the house, on nights after it becomes known that no one will be living in the building, the parking lot could become a meeting place for unsavory activity because no one will be in the home to report the activity. In the decade the Fairfield neighborhood has existed, there have been numerous cases of break -ins to cars left on the street or in driveways and even worse, several home invasions. The parking lot would sit lower than 192nd Street and be a perfect place for a would -be criminal to stake out the neighborhood to see when cars come and go. Being law- abiding citizens, it is hard to imagine the exact behavior could take place on the property when it is not being used by the group but we are not naive enough to think illegal activities are not a possibility. On a different note, if a meeting is held and more cars arrive than will fit in the parking lot, cars will line the sides of 192nd Street causing possible traffic issues. There is concern over what will happen to the property when it is not being used for group meetings. Will the group decide to use it as a homeless shelter or soup kitchen? Will the group use the property for frequent outdoor meetings that could impact the quiet peace of the neighborhood? A Google search of "Minneapolis Meeting Rooms, Inc" and other variations, found no website for this church group. Given nearly every church we know of has a website, it would seem this group is very private. We did find an article in the Star Tribune, http: / /www.startribune.com /local /south/122189674.html that indicated that the group submitted an application in May 2011 for a new church to be built on a plot west of Dodd Boulevard and north of 212th Street, at 21151 Idaho Avenue. The article mentioned that the proposed building would be 3,200 SF, seat 72 people and would include 34 parking spaces. We searched this property on the Dakota County property records website and found that the group does not have the tax exempt status which is typical of church groups. Churches are listed on the site as having a "Uses = EXEMPT ", with no text in the "Building description" box and have $0 of tax due each year. But in the case of the two properties they own on Idaho Avenue, one of which is undeveloped, the Minneapolis Meeting Rooms, Inc group has a "Uses = COMMERCIAL - PREFERRED" and pays nearly $12,000 /year in taxes for both properties. The developed property has a "Building description" as "CLUBHOUSE ". All of this information makes us wonder why this "religious institution" (as described on the Public Notice for Proposed Development) is paying taxes if they are considered a religious group. Churches of all kinds (Catholic, Lutheran, Evangelical, Latter Day Saints, Jehovah's Witness, etc) don't pay propety taxes but this group pays property taxes on its current Lakeville property. Why is that? What makes this group so different from other churches that the government doesn't seem to recognize it as a church. Further, if the group has the funds to buy and remodel this property on 192nd Street, (it is on record that it paid $210,000 for the home on 192nd Street) it goes without saying that the first big question is why does the group not just add on to that site? Given that that building is less than two years old, it seems very strange that they would not expand their current site. What happens if the group decides it no longer wants to meet at this building? What happens to the building? Our understanding is that the remodel will result in a building that look like a private residence from the outside but will no longer resemble a private family home. Will the property sell with the conditional use permit, or is the permit limited to this group? What happens if the group meeting needs grow to overflow the parking lot, where will the people park? If the group starts parking along 192nd Street result in the group's conditional use permit being revoked? If so, would the City require the group to pay to remove the parking lot and convert it back into a single - family home before it can be listed for sale again? What kind of precedence would be set by allowing this group to convert a property with an existing single - family home currently zoned as a residence into a meeting hall? Could any single - family home be converted to a meeting hall in any neighborhood? Where does the City draw the line between which homes can be converted and which cannot? Lastly, there is concern over the addition of the parking lot and the converting of the private residence into a meeting hall could have an adverse affect on the resale value of each of the nearby homes as prospective buyers could pass over homes in this area for other neighborhoods without a nearby property that has had an out -of- the- ordinary zoning change made. We ask each person on the committee making this decision to ask themselves if they would want to live near this property if it was updated with a parking lot and remodeled into a meeting hall, especially given the fact that the group already owns land in Lakeville and expansion seems to be more reasonable to take place at that site. It is our hope that the property at 9880 192nd Street will remain a traditional 4- bedroom single - family home. Sincerely, Michael and Michelle Colbert CC: Matt Little, Mayor Doug Anderson, City Council Bart Davis, City Council Colleen LaBeau, City Council Kerrin Swecker, City Council Daryl Morey, Planning Director * ** I received the email addresses for those on the CC line from my neighbor, Kerry Singh, who recently asked people in the Fairfield community to write to all of you with our concerns. Dempsey, Frank From: Carol Murto <cjmurto @hotmail.com> Sent: Wednesday, July 17, 2013 9:00 PM To: Dempsey, Frank Subject: 192 nd street As a home owner on Ipava, I would very much like to know what this "religious institution" is. A church or half way house ? ?? I need to know if we, the neighbors need to start thinking about selling our homes and moving out of Lakeville with our families. Also, I am concerned about how this will affect our traffic if at all. I paid quite a bit to build my home here in Lakeville and feel it my right to be consulted about what "religious institution" gets built near my home. Carol Murto Lakeville Memorandum To: Frank Dempsey, Planning Director From: Mark C. Hansen, Assistant City Engineer Copy: Zach Johnson, City Engineer Mac Cafferty, Environmental Resources Manager Date: July 18, 2013 Subject: Minneapolis Meeting Rooms CUP City of Lakeville Engineering Minneapolis Meeting Rooms Church representatives have submitted a Conditional Use Permit (CUP) application to convert a 1,200 square foot single family residence to use as a church for up to 40 persons. This residential property is located at 9880 192 11 Street. SITE CONDITIONS The property is currently developed as a single family residential lot. STREETS The property is adjacent to 192 Street, a major collector as identified in the City's Comprehensive Transportation Plan. The 1 /2 right of way requirement for 192 "d Street is a minimum of 40 feet. A 29 foot roadway drainage and utility easement currently exists along the south half of 192 Street. The development located to the north of this property (The Greenway 1 Addition), dedicated 51 feet of right of way for 192 Street. There is currently one driveway access from the subject property to 192 Street. The property is also located adjacent to Iteri Avenue, a 22 foot wide local street within a 60 foot right of way. Iteri Avenue is currently a rural cross section with no curb and gutter. The owner proposes to construct a new parking lot consisting of 14 stalls on the east side of the property with the option to construct four additional stalls if needed in the future. A new 24 foot wide driveway access to Iteri Avenue is also proposed. GRADING, DRAINAGE AND STORM SEWER The site is located within the Lake Marion Stormwater District. There are no trunkfacilities located or required within this site. The existing drainage pattern on the parcel has runoff flowing south and away from the house to localized low areas within the property. Runoff from the proposed parking lot will flow to a curb cut to be located in the southeast corner of the proposed parking lot, where it will eventually flow to existing localized low points located toward the center and south portion of the property. Water will collect at these low areas, and eventually infiltrate into the existing soils. The added impervious area does not meet the MPCA requirement of one acre of added impervious necessary to require permanent stormwater treatment and /or detention systems. In addition, the proposed driveway to be located on the east side of the property will have a 12 inch CMP culvert installed to maintain existing ditch drainage from north to south along Iteri Avenue. This culvert will be privately owned and maintained. The added impervious area due to the proposed parking lot does not require any new permanent storm water improvements. UTILITIES The existing residential structure is served by City water and sewer. There is an existing well located on the site. The City requests this well to be abandoned, as allowed by Section 11 -4 -7 Q of the zoning ordinance. A special assessment search for this property identified three deferred assessments. Deferred status terminates at such time that the property is subdivided or combined with an adjacent parcel. The owner must bury the overhead power service line that runs from the power pole located along the west property boundary to the structure. A $2,000 security is required to ensure that this work is completed. WETLANDS There are no known wetlands identified on the site. TREE PRESERVATION There are several significant trees located on the property. There are no impacts proposed to existing trees on the site. EROSION CONTROL An erosion control plan has been submitted and includes the following: • Perimeter silt fence control to be located around the construction limits. • The site will be re- vegetated within 48 hours of final grade. Streets must be cleared of debris at the end of each day. A seed /mulch specification that meets City requirements, as well as inlet protection placed on the upstream end of the proposed driveway culvert shall each be depicted on the final plans. Additional erosion control measures may be required during the construction process as deemed necessary by City staff. SECURITIES The church shall be required to provide a security. The security will be based on the construction costs estimated for site grading, curb and pavement, seeding and erosion control, developer's record drawings, landscaping, well abandonment and for burying the overhead electrical service. The security amount will be determined prior to City Council approval. RECOMMENDATION Engineering recommends approval of the Minneapolis Meeting Rooms Church CUP subject to the terms listed in this report. Approval is also subject to the comments of the City Administrator, Planning Director and the City Attorney. GACUPs\Minneapolis Meeting Rooms CUP \Engineering Review Memo - Mpls Mtg Room CUP- 070913