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1e Discovery United MethodistCITYOF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 MEMORANDUM TO: FROM: DATE: SUB J: Todd Gerhardt, City Manager Sharmeen A1-Jaff, Senior Planner August 11, 2003 Executive Summary for a Planned Unit Development Amendment to allow a Day Care as a Permitted Accessory Use at the Discovery United Methodist Church EXECIYrlVE SUMMARY The applicant is requesting an amendment to the Hidden Valley PUD to allow a Day Care as a permitted ancillary use to the existing church on Lot 1, Block 7, Hidden Valley. The zoning and land use designation remain the same. The purpose of this application is to utilize existing classrooms, currently used only for Sunday school, during the week. Several churches in the community provide day care (i.e. Lutheran Church of the Living Christ located at 820 Lake Drive, Mount Calvary Evangelical Lutheran at 4151 Highway 7, Family of Christ Living Church at 7930 Stone Creek Drive, etc.) Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www. ci.chanhassen.mn.us There are no proposed improvements to the site with the exception of a fenced area surrounding a playground. The facility is required to obtain a state license. There are 7 classrooms in the building. The daycare is proposing to utilize 6 of the 7 rooms. The state requires 35 square feet of classroom area per student. The total area of the six classrooms is 1,294 square feet. The number of students may not exceed 36. Staff will ensure that all state requirements for a daycare are met. There is an existing parking lot with 92 spaces. The zoning ordinance requires one space per 6 students. The total number of parking spaces required is 6. There are existing mature trees surrounding the site. Residential homes are located south of the subject site. The playground area is located over 100 feet from the nearest single family home. The Planning Commission and staff are recommending approval of this amendment. PLANNING COMMISSION SUMMARY On July 15, 2003, the Planning Commission reviewed and approved this application unanimously. The summary and verbatim minutes are attached,~: RECOMMENDATION Staff and the Planning Commission are recommending approval of the Planned Unit Development Amendment to allow a day care as a permitted accessory use. The recommendation is located on page 4 of the attached staff report. ATTACHMENTS 1. Staff report. 2. Planning Commission summary and verbatim minutes dated July 15, 2003. The City of Chanhaasen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gmat place to live, work, and play. CITY OF II I STAFF REPORT P.C. DATE: 7/15/03 C.C. DATE: 8/11/03 REVIEW DEADLINE: 8/12/03 CASE: 99-3 PUD BY: A1-Jaff:v Z PROPOSAL: LOCATION: APPLICANT: Planned Unit Development Amendment to allow a Day Care as a Permitted Accessory Use at.the Discovery United Methodist Church Southeast of Lake Drive East and east of Hidden Court 275 Lake Drive East Asim H. Qadri 8795 Knollwood Drive Eden Prairie, MN 55347 (612)644-1182 Discovery United Methodist Church 275 Lake Drive East Chanhassen, MN 55317 PRESENT ZONING: PUD, Planned Unit Development 2020 LAND USE PLAN: Public/Semi Public ACREAGE: 3.6 acres SUMMARY OF REQUEST: A Planned Unit Development Amendment to allow existing classrooms in the church (currently used for Sunday school) to be utilized during the week by a Day Care. Staff is recommending approval of the application. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings, PUDs, and. amendments to PUDs because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. ~.. :rje Ave r Co~urt Hidden Valley PUD Amendment July 15, 2003 Page 2 PROPOSAL The applicant is requesting an amendment to the Hidden Valley PUD to allow a Day Care as a permitted ancillary use to the existing church on Lot 1, Block 7, Hidden Valley. The zoning and land use designation remain the same. The purpose of this application is to utilize existing classrooms, currently used only for Sunday school, during the week. Several churches in the community provide day care (i.e. Lutheran Church of the Living Christ located at 820 Lake Drive, Mount Calvary Evang Lutheran at 4151 Highway 7, Family of Christ Living Church at 7930 Stone Creek Drive, etc.) There are no proposed improvements to the site with the exception of a fenced area surrounding a playground. The facility is required to obtain a state license. There are 7 classrooms in the building. The day care is proposing to utilize 6 of the 7 rooms. The state requires 35 square feet of classroom area per student. The total area of the six classrooms is 1,294 square feet. The number of students may not exceed 36. Staff will ensure that all state requirements for a day care are met. There is an existing parking lot with 92 spaces. The zoning ordinance requires one space per 6 students. The total number of parking spaces required is 6. There are existing mature trees surrounding the site. Residential homes are located south of the subject site. The play ground area is located over 100 feet from the nearest single family home. View of the Building from Lake Drive East View of the east elevation and location of the future Play Ground Staff is recommending approval of this amendment. BACKGROUND In 1985, the Hidden Valley Planned Unit Development (PUD) was approved with Lot 1, Block 7 (originally Outlot B) designated for a future church. In conjunction with the development, the property was rezoned from R-lA to P-l, the residential PUD district. Hidden Valley PUD Amendment July 15, 2003 Page 3 In order for the church to be located within the Hidden Valley development, the zoning ordinance was amended to allow a church as a conditional use in the P-1 District. The City adopted a new zoning ordinance and accompanying map in 1987, when the property was rezoned to PUD-R. This is the current zoning designation. The PUD ordinance does not regulate churches as either a permitted or conditional use because it allows for the creation of specific uses and standards for each development. On March 14, 1988, the City Council approved the site plan for Family of Christ Lutheran Church with 27 conditions. The staff report based the analysis on the development standards for churches as conditional uses in residential districts and the height requirements for structures in residential districts (and the Hidden Valley PUD), but processed the application as a permitted use, not a conditional use. Therefore, the church has a non-conforming use status. (At that time, the City felt that since a church was designated on the property during the PUD review process, the proposal should be reviewed as a permitted use. However, the PUD did not specifically allow churches as a permitted or conditional use.) The purpose of the amendment is to make the existing church a permitted use. In 1999, a PUD amendment was requested to permit a church, office and medium density residential or assisted living facility on the subject site. The applicant also requested a land use amendment to change the designation from public/semi-public to mixed use. On April 14, 1999, the Planning Commission unanimously recommended approval of the church, but by a vote of 5 to 1, denied the request to permit office or an assisted living facility on the site. The City Council reviewed the amendment requests on May 10, 1999. The first reading for the rezoning was approved on June 28, 1999 by a vote of 3 to 1. The second and final reading of the rezoning was presented and tabled on August 9, 1999. On September 13, 1999, the City Council denied the requests to rezone the property and change the comprehensive plan designation by a vote of 3 to 2. On September 11, 2000, the City Council approved a request to amend the Hidden Valley Planned Unit Development (PUD #85-1) to allow a church as a permitted use on Lot 1, Block 7, Hidden Valley. DISCUSSION The applicant is requesting that an amendment to the Hidden Valley PUD be approved to allow a day care as a permitted ancillary use to the church on Lot 1, Block 7, Hidden Valley. This property is zoned PUD-R, Planned Unit Development-Residential, and is guided public/semi- public. The parking lot and the church remain vacant during the week and the requested use is compatible with residential uses and churches. Hidden Valley PUD Amendment July 15, 2003 Page 4 Existing Setbacks for the Church Lake Drive East Interior Lot Lines - East 50 - South 285 Hidden Court 200 Build. Setback Ord. Setback Parking Setback Ord. Setback 95 50 25 25 50 30 30 50 300 30 50 160 25 MISCELLANEOUS Prior to the occupancy of this building as a day care, the applicant must do the following: a. Inspections must be scheduled to determine code compliance and to identify any required alterations. b. A Certificate of Occupancy must be issued before the building can be used as a preschool. c. Permits must be obtained for any alterations. d. The applicant shall be aware that no building shall be allowed over utility and drainage easements. e. Submit a plan showing the location of the fence. RECOMMENDATION Staff recommends the Planning Commission City Council adopt the following motion: 'Whe Planning Commission rooommends approval City Council approves the Planned Unit Development Amendment to allow a day care as an ancillary use to the church located on Lot 1, Block 7, Hidden Valley." ATTACHMENTS 1. Site Layout. 2. Application. 3. Memo from Steven Torell, Building Official, dated June 30, 2003. 4. Memo from Mak Sweidan, Engineer, dated June 27, 2003. 5. Plans dated received June 5, 2003. Hidden Valley PUD Amendment July 15, 2003 Page 5 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Asim H. Qadri PUD g99-3. On July 15, 2003, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Asim Qadri to amend a Planned Unit Development to allow a daycare as an ancillary use to a church. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 2. 3. 4. . The property is currently zoned Planned Unit Development District. The property is guided by the Land Use Plan for Public/Semi Public. The legal description of the property is: Lot 1, Block 7, Hidden Valley. Planned Unit Development Amendment The proposed amendment to the PUD is consistent with the Public/Semi Public land use designations. The planning report Planned Unit Development #1999-3 prepared by Shannin AI- Jaff, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Planned Unit Development Amendment. Hidden Valley PUD Amendment July 15, 2003 Page 6 ADOPTED by the Chanhassen Planning Commission this 15th day of July, 2003. ATTEST: CHANHASSEN PLANNING COMMISSION BY: Secretary Its Chairman CITY OF CHANHASSEN T/0e MARKET SOULEVARD CHANHASSEN, MN 55317 (952) 227-1 DEVELOPMENT REVIEW APPLICATION ADDRESS: ~7~ /¢~/,¢~)LL//EO~J.~ TELEPHONE (Day time) ADDRESS: 2-7 ~" ~- A ~ ~-2 I/~ ¢CA ¢ ~" .. TELEPHONE: Comprehensive Plan Amendment Conditional Use Permit Temporary Sales Permit Vacation of ROW/Easements Interim Use Permit Variance Non-conforming Use Permit Planned Unit Development* A'~I ~ ~3~1 ~/t '~' Rezoning Sign Permits Wetland Alteration Permit Zoning Appeal ';':. Zoning Ordinance Amendment Sign Plan ,Review __ Notification Sign Site Plan Review* Subdivision* X Escrow for Filing Fees/Attorney Cost** ($50__~CUP/SPR/VAC/VAR/WAP/Metes and Bounds, $400 Minor SUB) TOTAL FEES ~r'~ ' ~ A ,list of all property owners within 500 .feet of the boundaries of the property must be Included with the application. : ~Building,material.samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, Including an .IP/~" X 11" reduced copy for each ~pien sheet. ** 'Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee.shall be charged for each application. PROJECT NAME LOCATION ~7~ LEGAL DESCRIPTION TOTAL ACREAGE '~'~ WETLANDS PRESENT YES ~ NO PRESENTZONINGPL/~ /~f~.~ 7'. E Y,E LO REQUESTED ZONING .~ A hO E PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning · Department to determine the specific ordinance and procedural .requirements applicable to your application. A determination of completeness of the appliCation shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. ' .... This is to certify that I am making appliCation for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This. application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or pumhase agreement), or I am the authorized person to make .this application and the fee owner has also signed this application. ! will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may 'be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public heating requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. I Signature of ,~pplicant / Date S~atum o~'eVo~er TX . ~l~ti~ R~~ on ¢1['1¢% F~ Pai~ 'X~ 0 R~oipt No. The appli~nt ~Ould ~n~ s~ff for a ~py of ~e ~ff m~ which will ff not ~n~ct~, a copy of ~e ~ will ~ ~i~ to ~e appian, s add~. NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JULY 15, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Allow a Preschool Montessori APPLICANT: Asim H. Qadri, Discovery United Methodist Church LOCATION' 275 Lake Drive East NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Asim H. Qadri, is requesting an amendment to the Planned Unit Development for Hidden Valley to allow a preschool montessori as a permitted use at the Discovery United Methodist Church, located at 275 Lake Drive East. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134 or e-mail saljaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on July 3, 2003. Smooth Feed SheetsTM CITY OF CHANHASSEN CIO BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 DONALD T SMITH TRUSTEE OF TRUST 8012 ERIE AVE CHANHASSEN MN 55317 template for 5160® RALPH WAYNE LYTLE 8021 ERIE AVE CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 SINCLAIR MARKETING INC SINCLAIR OIL CORP-PROP TAX DIV PO BOX 30825 SALT LAKE CITY UT 84130 WALTER E & ANNE T THOMPSON 8000 DAKOTA AVE CHANHASSEN MN 55317 CLAYTON & MARGARET SODETANI 8005 ERIE AVE CHANHASSEN MN 55317 GERALD H & MARILYN M WASSINK 8004 DAKOTA AVE CHANHASSEN MN 55317 JON HERRMANN 8024ERIEAVE CHANHASSEN MN 55317 G L B PROPERTIES LLC 1831 KOEHNEN CIR EXCELSIOR MN 55331 JENNY JO PETERSEN 8016 ERIE AVE S CHANHASSEN MN 55317 PARK NICOLLET HEALTH SERVICES 3800 PARK NICOLLET BLVI ST LOUIS PARK MN 55416 TERRANCE SR & SANDRA THOMPSC 3820 LINDEN CIR EXCELSIOR MN 55331 GRACE DEVELOPMENT LLC C/O NORTHCOTT COMPANY 250 LAKE DR E CHANHASSEN MN 55317 ROBERT A & DAWN T LUND 8023 ERIE AVE CHANHASSEN MN 55317 BRIAN D & ANNA J NETZ 8004 ERIE AVE CHANHASSEN MN 55317 THOMAS J & SANDRA M KOEPPEN 8009 ERIE AVE CHANHASSEN MN 55317 JOHN Q & DONNA M SOLBERG 8006 DAKOTA AVE CHANHASSEN MN 55317 DANIEL A & KRIS L CITARELLA 8OO8 ERIE AVE CHANHASSEN MN 55317 ,CONSTANCE I HATTON 8018 ERIE AVE CHANHASSEN MN 55317 BRADLEY JAY JOHNSON 8026 ERIE AVE S CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 VIRGINIA EDDY 8020 ERIE AVE CHANHASSEN MN 55317 CHANHASSEN HRA 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 DISCOVERY UNITED METH CHURCH 950 TRUMBLE ST CHASKA MN 55318 MICHAEL D KRAINES & JULIE A SONDERUP 8002 DAKOTA AVE CHANHASSEN MN 55317 AMERICAN LEGION-CHAN POST 580 7995 GREAT PLAINS BLVD CHANHASSEN MN 55317 IAVERY® Address Labels ALLAN J & KATHIE J NELSON 8025 ERIE AVE CHANHASSEN MN 55317 ANTHONY E & LISA M BACHMAN 8008 DAKOTA AVE CHANHASSEN MN 55317 MARTIN E & LORA LEE WADE 8028 ERIE AVE CHANHASSEN MN 55317 Laser 5160® Smooth Feed SheetsTM Use template for 5160® RONALD ALLEN JENSEN & RENAE LYNN BRIGGS-JENSEN 8027 ERIE AVE CHANHASSEN MN 55317 ERIC S LINVILLE & KAFI E COHN 280 HIDDEN LN CHANHASSEN MN 55317 ROBERT F III & MARY E HARREL 8036 ERIE AVE S CHANHASSEN MN 55317 SUZANNE M SHEPPARD 8010 DAKOTA AVE CHANHASSEN MN JANE H LOOS 8030 ERIE AVE CHANHASSEN MN 55317 55317 DAVID J HATTEBERG & STEPHANIE ROY HATTEBERG :8031 ERIE AVE S iCHANHASSEN MN LEE & MARY KAUFMAN 3OO HIDDEN LN CHANHASSEN MN 55317 55317 DAVID A LYONS & JULIE TENHOFF-LYONS 330 HIDDEN LN CHANHASSEN MN 55317 MARION W JR & CAROL J WALKER 8018 DAKOTA AVE CHANHASSEN MN 55317 DAVID S JOSSI 250 HIDDEN LN CHANHASSEN MN 55317 WILLIAM R & MARIE A WEBER 8034 ERIE AVE CHANHASSEN MN 55317 PAUL R & MICHELLE M HAIK 261 HIDDEN LN CHANHASSEN MN 55317 PAUL D & LOUISE J O'DELL 8012 DAKOTA AVE CHANHASSEN MN 55317 M PATRICIA PETERSON TRUSTEE OF TRUST 8029 ERIE AVE CHANHASSEN MN 55317 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317 i JEFF & KAREN HONGSLO :310 HIDDEN LN CHANHASSEN MN 55317 JOHN A & LANA J BERGO 8041 HIDDEN CT CHANHASSEN MN 55317 MICHAEL A & MICHELLE BRINDISI 8035 ERIE AVE CHANHASSEN MN 55317 JAMES B & KAREN A COOK 260 HIDDEN LN CHANHASSEN MN 55317 JAMES F & PAMELA A MURPHY ~8021 HIDDEN CT CHANHASSEN MN 55317 KEITH & DELORES H BLATZHEIM 271 HIDDEN LN CHANHASSEN MN 55317 BRUCE A KIRKPATRICK & DONNA A D KIRKPATRICK 8032 ERIE AVE CHANHASSEN MN 55317 DAVID M& PATRICE L KAWLESKI 8033 ERIE AVE CHANHASSEN MN 55317 CHRISTOPHER J & DEBORAH BRANI 8001 HIDDEN CT CHANHASSEN MN 55317 MARK A METZ 320 HIDDEN LN CHANHASSEN MN 55317 PAUL D & SHARON D PUNT 8014 DAKOTA AVE CHANHASSEN MN 55317 THOMAS PAUL BOTAMER 8020 HIDDEN CT CHANHASSEN MN 55317 I AVERY® Address Labels BRIAN D & JEAN M STECKLING ,8040 HIDDEN CT CHANHASSEN MN 55317 DAVID L & MEGAN M KLEIN 8000 HIDDEN CIR CHANHASSEN MN 55317 STANLEY H LESTER 8061 HIDDEN CT CHANHASSEN MN 55317 Laser 5 :!.60® Smooth Feed SheetsTM Use template for 5160® VIARK R & DEBRA W LAASER 3037 ERIE AVE 3HANHASSEN MN 55317 !CLAY M & CHRISTINE UHLENHAKE !8040 ERIE AVE ~CHANHASSEN MN 55317 SCOTT W & MOLLY A DAVIS 3038 ERIE AVE 3HANHASSEN MN 55317 KAREN M KLINSING 8090 HIDDEN CT CHANHASSEN MN 55317 GERALD A KVANT & AMY L DIEDRICH 8036 DAKOTA LN CHANHASSEN MN 55317 MARK W & JANE A MEYER 8038 DAKOTA LN CHANHASSEN MN 55317 KEVIN R & DONNA J BECKER 8060 HIDDEN CT CHANHASSEN MN 55317 iSHANNON N MCCLARD & SHERRIE R PETERSON ~8030 HIDDEN CIR ~CHANHASSEN MN 55317 iJAIME (3 DRAHOZAL & :NANCY WIRTH DRAHOZAL 18091 HIDDEN CT CHANHASSEN MN 55317 LAUREN C & SHAUNA J KOPP 8020 HIDDEN LN CHANHASSEN MN 55317 ANTHONY & MARY PAVLOVICH 8010 HIDDEN CIR CHANHASSEN MN 55317 ROBERT W STOFFER 8081 HIDDEN CT CHANHASSEN MN 55317 GERALD L & CLAUDIA CARSON 8039 ERIE AVE CHANHASSEN MN 55317 NGUYEN & BINH NGU CHAU 8080 HIDDEN CT CHANHASSEN MN 55317 ~AVERY® Address Labels Laser .. 8795 Knollwood Drive Eden Prairie, MN 55347 952.949.9492 (Home) 612.644.1182 (Asim's Cell) 612.385.4721 (Saleha's Cell) Sharmeen AI-Jaff Senior Planner City of Chanhassen Chanhassen, MN 55317 Dear Sharmeen, This type of chain link fence is installed at the child care centers in Chpnhassen. We are planning to install a similar fence for the preschool Montessori outside play area at: 275 Lake Drive East, Chanhassen, MN 55317. Sincerely, Asim H. Qadri. TO: FROM: Sharmin Al-Jaff, Senior Planner Steven Torell, Building Official DATE: June 30, 2003 SUB J: Review a request to allow a preschool at 275 Lake Drive East. Planning Case: 99-3 PUD Amendment I have reviewed the request for a preschool at the above location. comments, which should be included as conditions of approval. Following are my . . . Inspections must be scheduled to determine code compliance and to identify. · any required alterations. A Certificate of Occupancy must be issued before the building can be used as a preschool. Permits must be obtained for any alterations. G/safety/st/memos~plan/275 Lake Drive East CITYOF CHANHASEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www. ci.chanhassen.mn.us MEMORANDUM TO: Sharmeen A1-Jaff, Senior Planner FROM: DATE: Mak Sweidan, Engineer June 27, 2003 SUBJ: Review of a request for a PUD Amendment to allow a Preschool as a Permitted Use at the Discovery United Methodist Church, Located at 275 Lake Drive East; Applicant: Asim H. Qadri The Engineering Department has reviewed the above described application dated June 13, 2003, prepared by Asim H. Qadri, which propose to install a chain link fence outside the play area. I offer the following recommended conditions of approval: 1, The applicant shall be aware that no building shall be allowed over the utility drainage easement. 2. Submit a plan showing the location of the fence. jms C: Teresa Burgess, Director of Public Works/City Engineer Matt Saam, Assistant City Engineer g:\engXmahmoudkmemosXmethodist church building.doc The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CHANHASSEN PLANNING COMMISSION REGULAR MEETING JULY 15, 2003 SUMMARY MINUTES PUBLIC HEARING: CONSIDER A REOUEST FOR AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR HIDDEN VALLEY TO ALLOW A PRESCHOOL MONTESSORI AS A PERMITTED USE AT THE DISCOVERY UNITED METHODIST CHURCH, LOCATED AT 275 LAKE DRIVE EAST, ASIM H. OADRI. Public Present: Name Address Brad Johnson Salfeha Asim Asim Qadri 8026 Erie Avenue 8795 Knollwood Drive, Eden Prairie 8795 Knollwood Drive, Eden Prairie Sharmeen AI-Jaff presented the staff report on this item. Commissioner Slagle asked the size of the playground. Commissioner Lillehaug asked if other churches were zoned similarly to this one. Commissioner Feik asked if the church could make future additions without coming before the city for approval. AI-Jaff stated they would have to come in with a site plan. Commissioner Claybaugh asked if the building official had looked at the plans and if the proposal being a daycare affected it's building classification. Chairman Sacchet asked for clarification on the PUD amendment and when conditions would be enforced. Asim Qadri, 8795 Knollwood Drive, Eden Prairie, Minnesota, 55347 spoke on behalf of the applicant. He clarified the location and size of the playground. Commissioner Slagle voiced his concern that the church was not present at the meeting. Commissioner Lillehaug asked if acting on this item set a precedence. Chairman Sacchet opened the public hearing. Brad Johnson, 8026 Erie Avenue South, who is a neighbor to the church, asked for clarification of the use. Is it a daycare or a preschool, how the church fits into daycare/preschool use, and what kind of fence is going to be placed around the playground area. The applicants provided an explanation of Montessori schooling and their background. Chairman Sacchet then closed the public heating. Commissioner Slagle asked staff to clarify the relationship between the church and the Montessori school. Commissioner Feik asked Commissioner Slagle what his concern was with the landlord/tenant relationship. Chairman Sacchet stated that this use would have to comply with the noise ordinance. Commissioner Slagle asked for the hours of operation. After discussion the following motion was made. Feik moved, Claybaugh seconded that the Planning Commission recommend the approval of the Planned Unit Development amendment to allow a daycare as an ancillary use to the church located on Lot 1, Block 7, Hidden Valley. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PLANNING COMMISSION COMMENTS Chairman Sacchet summarized that the Planning Commission fully supports this application for a Montessori use in a church. They wanted to clarify the noise ordinance framework for the neighbors. At least one commissioner asked what bearing there was, if any, that the applicant was here as the tenant who wanted the new use and why the owner, landlord was not here. Another commissioner asked staff to provide the adjacent property owners a clear decisive path to field comments regarding that use of the building, whether it's the applicant or the church, so there's no confusion. CHANHASSEN PLANNING COMMISSION REGULAR MEETING JULY 15, 2O03 VERBA TIM MINUTES PUBLIC HEARING: CONSIDER A REOUEST FOR AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR HIDDEN VALLEY TO ^IJI~OW A PRESCHOOL MONTESSORI AS A PERMITTED USE AT THE DISCOVERY UNITED METHODIST CHURCH, LOCATED AT 275 LAKE DRIVE EAST, ASIM H. OADRI. Public Present: Name Address Brad Johnson Salfeha Asim Asim Oadri 8026 Erie Avenue 8795 Knollwood Drive. Eden Prairie 8795 Knollwood Drive, Eden Prairie Sharmeen Ai-Jaff presented the staff report on this item. Sacchet: Thanks Sharmeen. Ouestions from staff. Rich. Slagle: I can start. The size of the playground, do we know what that's going to be? I can wait. I can wait til later. You don't know? AI-Jaff: No. Slagle: Okay. That's it. Sacchet: Steve. Lillehaug: Yes. The current zoning, it's a P1 district for the church. A1-Jaff: Actually it's Planned Unit Development. When it was first, back in 1988 we used the P1 zoning. No, I'm sorry, back in 1985 we used the P1 zoning. We no longer have that zoning classification. It's equivalent to Planned Unit Development. Lillehaug: So since we don't have that classification anymore, is it just designated something else then? A1-Jaff: Correct. It was rezoned in. Lillehaug: It was rezoned? Okay. And if I would have read this more closely I probably would have seen it. AI-Jaff: If you look at the. Lillehaug: Let me get to my question here. Al-Jaff: Okay. Lillehaug: You give an example of several other churches here. Are they zoned equally to what this church is zoned? A1-Jaff: Some of them are zoned planned unit development. Others are industrial office park so you've got a mix type of. Lillehaug: So, similarly then. That's all I have. Thanks. Sacchet: Thanks Steve. Bruce. Feik: Yes. In the original submittal way back when, when the church first came in, there was future classroom addition to the north and a future sanctuary to the south. My question stems from the medical facility we saw about a year ago that went down at Powers and 5, wherein it was approved for a second story. There's no sunset provisions on that second story. Is this a similar situation wherein the church could expand without coming back? AI-Jaff: No. They would have to come before you with a site plan. Feik: Okay. I was just wondering if that was a similar situation. Thank you, that's it. Sacchet: Craig. Claybaugh: Yeah, I just had one question. It pertains to the building type classification. At the time when the structure is built. Titles are asserted to different rooms and then puts it in different building type classification. I understand they need to go and comply with the daycare licensing provisions but has the building department taken a look at it to see that it doesn't affect the building classification. AI-Jaff: Yes, and if you look at the portion that I have titled miscellaneous. Feik: What page? A14aff: That's on page 4. These are all building official comments. Sacchet: So, just to be really clear about what we touched on. There are recommendations from the building official as well as from the engineering department. Those cannot be attached to our decision tonight because it's an amendment to the Planned Unit Development. Al4aff: That's correct. ~ Sacchet: Now is this going to have to come in for something else? A1-Jaff: No. Sacchet: So how do we. AI-Jaff: They will have to apply for a Certificate of Occupancy. Sacchet: That's what I'm asking. So they need a Certificate of Occupancy, and then at that time you verify that these things are in line. A1-Jaff: That's correct, yes. Sacchet: Alright, that's my question. Thank you. Thanks Sharmeen. With that I'd like to invite the applicant to come forward and state your case. Let us know your name and address for the record please. And if you might move the microphone in front of you, that would be appreciated. Asim Qadri: My name is Asim Qadri and address is 8795 Knollwood Drive, Eden Prairie, Minnesota, 55347. Sacchet: Welcome. Asim Qadri: Thank you. Sacchet: Do we have questions for the applicant? Lillehaug: I don't. Slagle: I don't either. Feik: Someone had a question though regarding. AI-Jaff: The playground. Slagle: Thank you. Asim Qadri: The playground size would be, the State requirement is 65 square feet per child, so that comes out to roughly 2,340 square feet, which I discussed it with the church where we will put the playground and currently if you go back to the slide I'll show you where we put it. It's essentially, initially we were thinking that we'd put it here, but after talking to the church officials, we think that we will put it right here. And there's about 43 feet right here. It shows 43 feet and we can go further down here but what we need is roughly 40 feet by 80 feet. Roughly which is like you know 3,200 square feet. But we will, so given this area and we will hard cover the 65 feet, the 65 square foot requirement. Slagle: And if I could ask, are you the pastor? Asim Qadri: No I'm not the pastor. Slagle: How do you fit in? Asim Qadri: The way I fit in is that I will be leasing the space from the church to provide the service at the church site. Slagle: Okay. Okay, that's interesting. I was thinking you were with the church. Okay, let me ask you this then. Has there, now that there's the talk of possibly putting it behind, at the rear of the church, has there been any discussion with the neighbors to the east? Just to say hey, we're going to be doing this. Any thoughts? Asim Qadri: I think the mailing has gone out to all the neighbors within the 500 feet. Slagle: But you haven't gone knock on the doors or anything? Okay. A1-Jaff: I received one phone call. Sacchet: For or against? A1-Jaff: More what is going on and how is it going to lay out. Slagle: Let me direct this question to staff then. And I apologize for having the assumption that this gentleman, you were with the church. Is there a concern on the staW s part that the church is not here or not presenting this or not, do you know what I'm saying? A1-Jaff'. Yeah, they have signed the application. They are fully aware of what's going on. Sacchet: So that would then imply they're endorsing it or. A1-Jaff: They're aware of what' s. Slagle: So you haven't heard? A1-Jaff: No. Slagle: Okay. A1-Jaff: And typically, well not typically but quite often you will find an applicant on behalf an owner applying for. Slagle: Okay. I just was thinking of the other churches, getting to Steve's point and I don't know this for sure but I would think most of them are run by the church. Mount Calvary and. Lillehaug: Yeah, that would have been my assumption too. Slagle: Not that it changes anything. Sacchet: It's not a problem it's just. Slagle: Just different. Asim Qadri: My wife has worked a number of preschool Montessori's in various churches and it's a mixed bag where some of them are operated by the church and some of them are operated by people who provide the service. Slagle: Sure, okay. Sacchet: You have another question Steve? Lillehaug: Can I ask one to staff?. Do we set a precedence somehow by doing this? Not really? A1-Jaff: It's the use is, you're permitting the use. When you approve a daycare you don't. Feik: You're not approving the...the use, not the provider. AI-Jaff: You don't approve the provider. You approve the use. Lillehaug: Okay. Slagle: And maybe what, it's just a little bit interesting here is like if you go to 41 by the U.S. Bank, is that Kindercare? If you can remember the people presenting to us, if I'm not mistaken, were more the building owner and the developer versus the actual. Sacchet: Right, yeah that's a little different. Any other questions? Well thank you. This is a public hearing so if anybody else would like to address this item, please come forward. State your name and address and tell us what you want to say. Brad Johnson: My name's Brad Johnson. I'm at 8026 Erie Avenue South. I'm right behind, about 2 houses over from where they're going to be putting the potential fence. I guess I just have a couple quick questions. Maybe it's semantics, maybe it's not. The flyer and stuff like that said preschool so I was looking at more like a, you know like a school. Teaching them ABC's, reading and writing, arithmetic, whatever else, but this sounds like it's going to be more like a daycare. I guess which one is it going to be? That's going to be my first question. Second question is, again I also thought it was sponsored by the church and all for it and stuff like that but it sounds like it's going to be a sub-let or are they going to have another company come in, do all the processing and taking care of everything and all the church is going to be taken care of by them, which is going to be done by the church. And then I guess third question that's kind of a real minor question is, the fence itself is it going to be a real, big tall wooden fence? Can't see behind it or is it going to be a chain link fence kind of like Kindercare has? ...I'm just kind of curious about those three are going to be. Al-Jaff: I can answer the fence which is going to be similar to what Kindercare has. Chain link. Slagle: Sharmeen, can you put what we have in our packet, can you put that up? Just so people at home can see. AI-Jaff: Sure. As far as the daycare and their methods of teaching, maybe the applicant. Sacchet: Would you want to address that? I mean if you would. You're the expert. Brad Johnson: I guess the question is it more of a daycare or is it more of an actual school. Sacchet: Well are you familiar at all with the concept of Montessori? Brad Johnson: No I'm not. Sacchet: Because Montessori is really, well I think they should discuss it themselves. Do you want to address that question real quick because. Asim Qadri: Yeah. Let's see, my wife is the expert. She's going...there's some specific questions that she'd be able to answer. A Montessori is a way of teaching children through their five senses which is a little bit different than lecturing the children. And the children, it's up to them what they're interested in and how they work with the materials that they've got and the materials are similar to like toys .... my wife has been...Montessori for a long time. Since she was a child...they were 3-4 years and I was expecting a lot of noise and stuff like that as expected of children that age. But when I went in there, it was just quiet. It was quiet. They were just. Sacchet: Doing stuff. Learning stuff on their own mostly. Asim Qadri: On their own. And I was impressed that the children that were being quiet. And the second thing is that they...they have like work stations where they put all the materials and stuff like that. They take the materials out and they put it back. This doesn't happen in my house by the way. Slagle: How do we sign up for this school? Asim Qadri: But...it works so that's the concept of Montessori. To give the children. Salfeha Asim: An opportunity to be... Sacchet: Do you want to step up to the microphone please. Salfeha Asim: I'm Salfeha Asim and I've been teaching in the Jonathan Montessori in Chaska, and that's how my you know, I really wanted to start my own Montessori and you know contribute myself like that. But the classroom is set up in five different, the materials are, Dr. Montessori developed the materials and they are like for senses .... like basic toy materials so they are all set up and put in a different station and they are welcome, the child is not like fixed to, you know there's not the...that they have to sit down and work on one particular. They're free to do everyday whatever they want to, but everything is programmed. It's all programmed for the children it's just like they have that freedom to move. Sacchet: Free falling, yep. Salfeha Asim: Yes. And you know but the voice is, there's an inside voice and outside voice. There's respect. There is basic courtesy. There is working. Everything is there. And it's very different from a daycare environment. Sacchet: I send my kids to Montessori. It's amazing how industrious they actually get. It's remarkable thing and I would say is it a daycare or a preschool? I would definitely not call it a daycare. I mean you can get certainly the kindergarten, and even to some extent get some of the first grades in an Montessori environment. Maybe that addresses your question somewhat. Brad Johnson: Yes it does. I think there's some confusion. The last question is what age range are you talking? Salfeha Asim: It is from 2 ~ to 6. Sacchet: Alright. Thank you very much. Now this is a public heating. Anybody else wants to address the commission, please come forward at this time. Seeing nobody, I'm closing public heating and bring it back to the commission for comments and discussion. Do you want to start Bruce? Feik: Sure, sure. I'm going to come back to something Sharmeen so I can just kind of resolve this. The use of the word preschool and daycare are synonymous? A1-Jaff: Under our ordinance, correct. Feik: We're using them interchangeably within this report. A1-Jaff: Yes. Feik: Okay, so they are synonymous? AI-Jaff: Yes. Feik: So then I would just basically say then back to the commission, remind us that we are approving the use, not the provider. I think it's quite frankly very nice presentation. Thank you very much. But quite frankly to some degree it's irrelevant in that we're in here to approve the use, not yourselves as individual and your service so with that said I'm fully prepared to support this 100 percent. Sacchet: Thanks. Craig. Claybaugh: Likewise. I'm prepared to support the application. Sacchet: Steve. Lillehaug: I haven't heard any negative comments from the neighbors to the east and that's what I was weighing my vote on and I haven't heard any negative comments so I do support it. Slagle: I would say I support it as well with one request of staff that, and I don't have to hear the answer now but I guess I would just ask staff with relationship of the church and this tenant if you will, however that all works out with regulations and approvals and so forth. I mean I just. Feik: Let me ask you why because I mean the church wouldn't even need to own the structure. The church could also be a lessee or, yeah, a lessee in a facility such as this. It's not uncommon for churches to lease their facility. I'm trying to understand why there is some reticence regarding the relationship and stuff. Slagle: Well maybe, since it'd be with children is one of my concerns and citizens, but I think also I'm not so sure that, I know lots of churches that lease their space and services out. Maybe you. Feik: Well I'm just thinking any of the commercial buildings that house churches are not owning the, the church that you go to I think right now is out of the school. And they lease the space, is that not correct? Slagle: No, they're in the new. Feik: Oh, they're in the new one now? I guess I'm just wondering what is the concern with the relationship between the landlord tenant. I'm wondering if we're just clouding it because all we're really looking at is the use, irrespective of whether they occupy this for 6 months or 12 months or 3 days. Slagle: What I would add is Bruce, is that I have yet to see, this is probably the first one I've seen that the tenant, or excuse me the landlord or the owner hasn't been here. Feik: Okay. Slagle: And I'd just ask staff to. Claybaugh: If I can weigh in. I think it' s a relevant issue with respect to, if there's any problems. If there's any problems with neighbors, where do the neighbors go and direct their questions. Who do they direct their complaints to? Who's going to resolve them for them? Do they get tossed back and forth between the owner and the provider? That would be the singular issue but I agree with Bruce that we're here to evaluate the use irrespective of who's providing it. Lillehaug: Mr. Chair? Sacchet: Go ahead Steve. Lillehaug: Before we vote on this or make a motion. Sacchet: We're not quite there yet. But we're close. Lillehaug: Okay. Well I know you closed the public heating. As I indicated that I didn't see any negative comments from the residents, the one resident is here. Sacchet: Well actually I did want to ask a question of staff in that context. For the daycare operation, that would fall under the same noise ordinance framework as in everything else in the city, is that a reasonable statement to make? AI-Jaff: Sure. Sacchet: And could you maybe just give us a little bit idea of what our noise ordinance is or is this asking a little much. I mean there are certain noise limits that if they're exceeded beyond the property dimensions that are considered a reason that it would be a non-compliance and that would have to be remedied. Is that how it works? Something to that effect. That's what I remember of it but that's pretty sketchy, and I would say even though we did not get any negative comments, I think I did notice a little bit of an uneasiness of the resident that is here tonight kind of wondering a little bit what the framework is so I really want to make an effort to clarify the framework for everybody involved. For you as the applicant as well as the neighbors so that we go into this clearly conscience what the framework entails. Slagle: Because it is indeed a different situation for those homeowners. You know at this point it was Saturday, you know maybe a Saturday and Sunday you hear some noise and then basically it was car doors probably throughout the week. Lillehaug: Weekday evenings. Sacchet: But while you're looking up, did you find it? Well while you're looking and then my comment basically to this application is that I fully support it. I think it's great to use that structure for something good, and I think a daycare or if you want to call it a preschool, which really it is in this case, is a very appropriate use. I fully support it from my angle. Did you find it Sharmeen? AI-Jaff: I found a prohibition basically states no person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures or endangers the comfort, health, peace, safety, welfare. Sacchet: Okay. Well the preschoolers might learn the meaning of decibels at a very young age. But yeah, I mean if you're interested in that I would encourage you to look at what the noise framework is according to our city framework. With that I'd like to have a motion. Feik: I'll make a motion. Slagle: Wait, wait, wait. Sacchet: What? Slagle: Point of clarification. Were there hours, I'm sorry, were there hours discussed in this? Feik: That would be in the permitting process. AI-Jaff.' That would be the permitting process but my understanding of Montessori is they provide a latchkey program but I don't know if that is part of. Asim Qadri: It will be. Sacchet: Do you want to quickly address what the hours of operation is, since it was brought up. Asim Qadri: We are thinking of you know 7:30 to 5:30 but the Montessori would start at about 8:00 and it would end at about 3:00, which is the normal amount. Sacchet: It's pretty standard yeah. Asim Qadri: Yeah, pretty standard. We are not, but starting early at 7:30 and ending at 5:30 is to accommodate parents needs. Slagle: Thank you very much. Sacchet: Thank you. Anything else or are we ready for a motion? I'm ready for a motion. Feik: I'll make a motion. 10 Sacchet: Go ahead Bruce. Feik: I move that the Planning Commission recommend the approval of the Planned Unit Development amendment to allow a daycare as an ancillary use to the church located on Lot 1, Block 7, Hidden Valley. Sacchet: We have a motion. Is there a second? Claybaugh: Second. Feik moved, Claybaugh seconded that the Planning Commission recommend the approval of the Planned Unit Development amendment to allow a daycare as an ancillary use to the church located on Lot 1, Block 7, Hidden Valley. All voted in favor and the motion carded unanimously with a vote of 5 to 0. Sacchet: This motion carries. This goes to the City Council also on the 11th of August. Thank you very much for coming in. Good luck to you. Asim Qadri: By the way, this would be the first Montessori in Chanhassen. Sacchet: Actually I think you're right about that. Yeah, welcome. Feik: Now if we made a requirement that you had to move to Chanhassen would you guys have still done this? Asim Qadri: It was my wife. She that Chanhassen was...and it would be a great place. Sacchet: It's a great place to have a Montessori, by all means... Now in su~ for council we fully support this application for preschool or daycare, whatever we call it. We had, let's just summarize the concern that we wanted to clarify what the noise ordinance framework is for the neighbors and also at least one of us had a concern why this was brought by the, why the applicant was here as the tenant that wants the new use and why the owner, the landlord was not here. Is that a fair statement. Slagle: I'm not sure if I'd say concerned. Just asking staff to. Sacchet: Whether that has any bearing. As a commission we decided it probably doesn't have a bearing. Claybaugh: The only point I'd like to add to that is just to the permitting process or at some stage for the adjacent property owners, that they have a clear decisive path to who fields comments regarding that use of the building, whether it's the church. Whether it's the applicant and that there's some process in place for them to field their complaints so there's no confusion. Sacchet: Anything else to add to this one, summary? 11