Site Information
Applicant: Samaha Islamic Center
Owner: Robert Williams
Location: 214 Holmes Street
Current Zoning: Central Business (B-3) Zone
Comp. Plan: Commercial

Introduction
Samaha Islamic Center has submitted a Conditional Use Permit (CUP) application to operate a Place of Worship in the Central Business (B-3) Zone. Places of Worship are allowed as a conditional use within the B-3 Zone.

Considerations
The proposed location for Samaha Islamic Center is an existing structure, most recently used as an auction center. Specifically, the building is located south of 2nd Avenue and west of Holmes Street South, and has approx. 6,000 square feet of floor area. This space would be divided into worship spaces, offices and classrooms. It has been determined that the building could have an occupancy load of 300 people, but the applicant has shared that they do not anticipate any more than 200 people at the center at any one time. They have completed a trip generation study, which notes that there are a few occasions where there are more than 45/50 trips (max) planned for any three (3) hour period. The property is zoned B-3, which does not have a min. parking requirement. They have a small parking lot with access off Holmes Street that could accommodate 15-17 vehicles, and there are two public parking lots located within 1 block of this site that could accommodate a substantial number of vehicles, in addition to available on street parking on 2nd Avenue and Holmes Street.

City Code Section 151.013 (Conditional Use Permit Standards for Business Zones), Subd. B., (7), provides the design standards for churches and other places of worship. These are as follows;
1. shall be located adjacent to an arterial or collector street as identified in the comprehensive plan;
2. shall have parking facilities set back fifteen feet from residential property;
3. shall screen parking facilities adjacent to residential property with a berm and/or landscaping to a minimum height of three (3) feet; and
4. shall have an impervious surface percent of no more than 70%, and the remainder of the site shall be landscaped.

This proposed use complies with the first three (3) criteria, and is not proposing any exterior changes from what currently exists. It does appear that more than 70% of the lot is covered; although it should be noted that the B-3 Zone is the only zoning district in the city that allows 100% lot coverage. Because these criteria are general guidelines for development of specific uses, criteria number 4 might be construed at more pertinent at newly developing sites rather than re-use of existing facilities as is the case in this instance.

Other departments and agencies have had the opportunity to review and comment on this application. The Fire Marshall and Building Official have provided comments concerning occupancy loads, noting that they have determined that this site should not exceed 300 occupants at any one time, and that additional rest rooms should be provided consistent with Uniform Building Code requirements. There is also a condition that a fire sprinkler system shall be provided, which is included in the draft conditions of approval for this application. Shakopee Public Utilities (SPUC) noted that Fire Service is available per standard terms and conditions for new water service lines, and the applicant should contact them for specific requirements.

Findings
Section 151.011 (Conditional Use Permits), Subd. A (Criteria for Granting Conditional Use Permits) states “In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole.” The Board of Adjustment and Appeals shall not grant a conditional use permit without making certain findings.

The criteria required for the granting of conditional use permits are listed below with staff findings.

Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
Finding #1 The City has not received any evidence that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area.

Criteria #2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area;
Finding #2 The conditional use permit will not impede future development and improvement in the area. The use will occupy space in an existing structure in the City.

Criteria #3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided;
Finding #3 Adequate utilities, access roads and drainage exist to the site.

Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and
Finding #4 The use of the subject property is consistent with the purposes of the Central Business (B-3) Zone.

Criteria #5 The use is not in conflict with the Comprehensive Plan.
Finding #5 The use is not in conflict with the Comprehensive Plan.