Discussion:
Site Information
Applicant: Iglesia del Dios Vivo
Owner: Marcos Gomez
Location: 123 2nd Avenue West
Current Zoning: Central Business (B-3) Zone
Comp. Plan: Downtown Business District
INTRODUCTION
Iglesia del Dios Vivo 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 Iglesia del Dios Vivo is an existing structure, most recently used as a mixed-use business center (restaurant, bakery, market). Specifically, the building is located at the northeast corner of 2nd Avenue and Fuller Street (123 2nd Ave. W.) and has approx. 16,000 square feet of floor area. This space would be divided into a sanctuary with a stage, a fellowship hall, church offices, and a kitchen space. The applicant has stated they would have seating for approx. 350 people in the sanctuary, the fellowship hall will have seating for up to 150 people, and there will be several offices for church staff. They do not anticipate more than 350 people in this building at any one time.
Iglesia del Dios Vivo has an existing congregation located at 502 1st Avenue East, but they have outgrown that building and are looking at this location as a second place of worship. This building meets their needs and provides on site parking, street parking directly adjacent to this site, and two city public parking lots within a block of this site. The property is zoned B-3, which does not require any off-street parking.
Their hours of operation will generally be early to mid-mornings daily, Monday thru Sat. for a short time in the evening for daily prayer, and Sunday mornings/eves for Sunday service/school.
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. There are no plans for building expansion at this location.
Other departments and agencies have had the opportunity to review and comments were received from City Engineering, Building and Fire, along with SPUC. Those comments have been incorporated into the draft resolution for the Board’s consideration.
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, provided the use complies with the conditions of the resolution.
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 should 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.