Loading...
1f Amendment/Hidden Valley PUD CITY OF CHANHASSEN 90 City Centtr Drive, PO Box 147 Chanhamn, Minnesota 55317 Phone 612.937.1900 Gentral Fax 612.937.5739 Engineering Fax 612.937.9152 Public Safety Fax 612.934.2524 \Vtob www.ci.chanhassen.mn.us Lt· MEMORANDUM TO: Scott Botcher, City Manager FROM: Cynthia R. Kirchoff, AICP, Planner II REPORT DATE: PC Date: CC Date: September 6, 2000 August 15,2000 September I I, 2000 RE: Request for an amendment to the Hidden Valley PUD (#85-1) to allow a church as a permitted use, Family of Christ Lutheran Church PROPOSAL The applicant, Family of Christ Lutheran Church, is requesting an amendment to the Hidden Valley PUD to allow a church as a permitted use on Lot I, Block 7, Hidden Valley. The zoning and land use designation remain the same. The purpose of this application is to make the church use conforming, as currently it is a nonconforming use. StaIIis recommending approval of this amendment to legitimize the existing church facility located on the property. 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-IA to P-1, the residential PUD district. 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 be City of Chanhms",. A p,rowin[ community with clean kzkes, quality schook, achannin~ downtown, thrivi.. businesses. and beauti/ù/ tJarks. A ""at .Iace to I¡¡,e. wnrk. anhlav. I I 3t J J a « 7 ~ . Planning Commission Family of Christ PUD Amendment September II, 2000 Page 2 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 I. 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. DISCUSSION The applicant is requesting that an amendment to the Hidden Valley PUD be approved to allow a church as a permitted use on Lot I, Block 7, Hidden Valley. This property is zoned PUD-R, Planned Unit Development-Residential, and is guided public/semi-public. This parcel is in the HC-l District. When the site plan is reviewed for an expansion of the church, it must comply with the standards. These standards include high quality building materials and landscaping. A church is defined as a building or edifice consecrated to religious worship, where people join together in some form of public worship under the aegis and direction of a person who is authorized under the laws of the State of Minnesota to solemnize marriages. A ch urch may include living quarters for persons employed on the premises and classroom facilities. The following are not considered as churches: camp meeting grounds, mikvahs, coffee houses, recreational complexes, retreat homes, sleeping quarters for retreatants during spiritual retreats extendingfor periods of more than one (1) day. Bible camps with live-in quarters, publishing establishments, ritual slaughter houses, radio or television towers and transmission facilities, theological seminaries, day care centers, hospitals, and drug treatment centers are not churches. The aforementioned definition is included in this report to confirm that the activities taking place on the site constitute a church according to the City's zoning ordinance. The existing church is one-story and 21 feet in height. The steeple is approximately 73 feet from grade. The zoning ordinance exempts steeples nom the height limitation. In this PUD, structures must not exceed 40 feet in height. The plans illustrate a second phase of the church, including a classroom and sanctuary addition (nearly 20,000 sq. ft.) with parking (60 stalls) just to the south of the existing church (see Attachment 2). An expansion of the existing church is permitted so long as the requirements in the zoning ordinance are met (i.e., impervious surface, parking, height, buffering, etc.). Planning Commission Family of Christ PUD Amendment September 11, 2000 Page 3 Table 1 depicts the setbacks maintained by the existing church. The purpose of the table is to demonstrate that the existing church meets the setbacks required by the zoning ordinance. TABLE I Existing Setbacks for Family of Christ Church Lake Drive East Interior Lot Lines East South Building Setback (feet) 95 Zoning Ordinance Setback Requirements (feet) 50 Parking Setback (feet) 25 Zoning Ordinance Setback Requirements (feet) 25 Hidden Court 50 285 200 50 50 50 30 300 160 30 30 25 The ordinance also limits the amount of impervious surface to 70 percent. According to the original site plan, the site will maintain 54 percent coverage after all phases have been completed. Churches are compatible with residential uses, as they are permitted as conditional uses in all these zoning districts. Rather than penalize the church, which has shown that it is compatible with the surrounding single-family residential uses and meets current zoning requirements, staff is supporting the amendment to PUD #85-1. Any future expansion of the church facility would require site plan review. PLANNING COMMISSION UPDATE On August 15,2000, the Planning Commission held on public hearing on this request. The commission recommended approval by a unanimous vote. RECOMMENDATION Staff recommends the City Council adopt the following motion: "The City Council approves the amendment to PUD #85-1 to allow a church as a permitted use on Lot 1, Block 7, Hidden Valley." Attachments I. Application 2. Original Site Plan for Family of Christ 3. Public Hearing Notice Planning Commission Family of Christ PUD Amendment September 11, 2000 Page 4 4. Minutes from August 15,2000 Planning Commission meeting g:\plan\ck\plan comm\foc pud amend for church S.OO.doc 07/13/00 10:07 FAX 612 937 5739 C1TY OF CHANHASSEN 19J002 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (6t2) 937-1900 DEVELOPMENT REVIEW APPLICATION APPUCANT:~I~ ~~~J ADDRESS: 1 L~K OWNER: ADDRESS: ls1trl1 ~ TELEPHONE (Daytime) 1"5 if - Sl, ~-r:¡ TELEPHONE: _ Comprehensive Plan Amendment _ Temporary Sales Permit - Conditional Use Permit - Vacation of ROWlEasements _ Interim Use Permit - Variance _ Non-conformlng Use Permit - Wetland Meretlon Permit +- Planned Unit Development~eNì)MeA.J't" _ Zoning Appeal _ Rezoning _ Zoning Ordinance Amendment _ Sign Permits _ Sign Plan Review _ Notification Sign - Site Plan Review' ...2L Escrow for Filing Fees/Attorney Costn ~50CU~SPRJVACNARNVAPAMeœs and Bounds, $400 Minor SUB) - Subdivision' TOTAL FEE $ I {)() -- 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-slx full size f2!!!!2 copies of the plans must be submitted, Including an 8'12" X t 1" reduced copy of transparency for each plan sheet. ,. Escrow will be required for other applications through the development contract NOTE _ When multiple applications are processed, the appropriate lee shall be charged for each application. PROJECT NAME ~l(...i~ G-I-tz-t!:.'Í LOCATION ZSD LI\ loG Pit.. tEA S'I /..Nn~ 64:vr¿GH- LEGAL DESCRIPTION TOTAL ACREAGE ~.,.. A~S WETLANDS PRESENT PRESENT ZONING REQUESTED ZONING YES ¡( NO 7u1:::> PRESENT LAND USE DESIGNATION REQUESTED LAND USE DEsIGNATION--1VCS ~l L l S/'?ýì') 1- ?V01.1 L I REASON FOR THIS REQUEST .þ.tJÞ [It{vtZL~ IIJC}...UI) , ¡Jf" ('¡.J.va.C J (2/UA Tlt:.Ì) uSr.ç I 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 01 completeness of the application shall be made wilhln ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days ot application. This is to certify that I am making application tor the described action by the City and that 1 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 10 this application. I have attached a copy of proof of ownership (either copy of Owne(s Duplicate Certiticate of Title, Abstract of TItle or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I wm keep mysell informed of the deadlines for submission at material and the progress of this application. I lurther understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization 10 proceed with the study. The documents and Information I have submitted are true and correct to the best of myknowiedige. ~ The city hereby notifies the applicant \hat development review cannot be completed within 60 days due to public hearing 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 extensio are approved by the applicant. fÚ. 1~(~-õD S na e o~ncant ~ /' Date tt=<J¿'-/-trM IL-~ o-F Cf¥l.< So ¡ ~L41!.(ld+ Signature 01 Fee Own r Date ApPliCatlOnReceivedon~ FeepaiJ!Jro·(;I:) - ReceiPtNO.b\l'l (e:7~ The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. ~ if ß oJ :/. ~ ~£ J r 1 \ j '; !I.. r~ . .. ~. J III" t\1 I::~ -. ;, g..~ . fI :. ;,~ ~~ , . " \. , Ü . , ,. w ~r 'l ~. ~k i. "t~_ " ~ . ~. ~ O_d ~ .....r f - . .,1. ~. ~ f î ~1 i t pr T. . ~~ i ~. ~ ..,~ .. - .¡i. r ~f - I r. t-I l ~~~ 9; T"~'~ ~t i !1~:fi1. ~tt'd.tå" I~i t~~ hI ~~~iil~ i!Hi ~Jli!iJ ih ~:~ tfh:W í 'C ':)'. "II r ~J j'4 ~f .," J!' !~ ¡ t ,) u . 4 , ;1' t . . j~ r ,. !ii . ~ j r ,0 I' ,. ~ ,\ 1;\ z T ) /,:; ¿;7".~;~ ¿ NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING TUESDAY, AUGUST 15, 2000 AT 7:00.P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE .ROPOSAL: Amendment to PUD to Allow APPLICANT: Family of Chrl.t Lutheran Church Churches a. a Pennllted Use LOCATION: 275 Lake Drive Ea.t NOTICE: You are Invited to attend a public hearing about a proposal in your area. The applicant, Family of Christ Lutheran Church requesting an amendmant to the Hidden Valley PUD to allow church facilities es pennltted uses on Lot 1, Block 7, Hidden Valley on property located south of lake Drive East and east of Hidden Court, 275 lake Drive East. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer'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 Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses 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 tafk to someone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to submit writtan comments,lt Is helpful to have one copy to the deparbnant in advance of the meeting. Staff will provide copIes to the Commission. /". Smooth Feed Sheets™ RALPH WAYNE LYTLE S021 ERIE AVE CHANHASSEN MN 55317 THOMAS J & SANDRA M KOEPPEN 8009 ERIE AVE CHANHASSEN MN 55317 CLAYTON & MARGARET SODET A 8005 ERIE AVE CHANHASSEN MN 55317 TERRANCE SR & SANDRA THOMP 3820 LINDEN CIR EXCELSIOR MN 55331 ROBERT D PAULSEN & 8006 ERIE AVE CHANHASSEN MN 55317 KPM CORPORATION 7300 METRO BLVD #560 MINNEAPOLIS MN 55439 DONALD T SMITH 8012 ERIE AVE CHANHASSEN MN 55317 DANIEL W & MICHELLE LORINSE 8020 ERIE AVE CHANHASSEN MN 55317 HAROLD H HERRMANN & 8024 ERIE AVE CHANHASSEN MN 553 I 7 BRADLEY JAY JOHNSON 8026 ERIE AVE S CHANHASSEN MN 55317 - MARTIN E & LORA LEE WADE 8028 ERIE AVE CHANHASSEN MN 55317 JANE H LOOS 8030 ERIE AVE CHANHASSEN MN 55317 BRUCE A KIRKPATRICK & 8032 ERIE AVE CHANHASSEN MN 55317 WILLIAM R & MARIE A WEBER 8034 ERIE AVE CHANHASSEN MN 55317 ROBERT F III & MARY E 8036 ERIE AVE S CHANHASSEN MN 55317 SCOTT W & MOLLY A DAVIS 8038 ERIE AVE CHANHASSEN MN 55317 CLAY M & CHRISTINE UHLENHAK 8040 ERIE AVE CHANHASSEN MN 55317 DAVID S JOSSI 250 HIDDEN LN CHANHASSEN MN 553 J7 JAMES B & KAREN A COOK 260 HIDDEN LN CHANHASSEN MN 55317 TODD P & NATALIE M SALDEN 280 HIDDEN LN CHANHASSEN MN 55317 Use template for S'160@ LEE & MARY KAUFMAN 300 HIDDEN LN 'CHANHASSEN MN 55317 JEFF & KAREN HONGSLO 310 HIDDEN LN CHANHASSEN MN 553 I 7 MARK A METZ 320 HIDDEN LN CHANHASSEN MN 55317 DAVID A LYONS & 330 HIDDEN LN CHANHASSEN MN 55317 RODNEY S & DIANA K TCHIDA 8001 HIDDEN CT CHANHASSEN MN 55317 JAMES F & PAMELA A MURPHY 8021 HIDDEN CT CHANHASSEN MN 55317 JOHN A & LANA J BERGO 8041 HIDDEN CT CHANHASSEN MN 55317 STANLEY H LESTER 8061 HIDDEN CT CHANHASSEN MN 55317 ROBERT W STOFFER 8081 HIDDEN CT CHANHASSEN MN 55317 JAIME G DRAHOZAL 8091 HIDDEN CT CHANHASSEN MN 55317 Sìnòoth· Feed Sheets™ . B PROPERTIES LLC ,I KOEHNEN CIR CELSIOR MN 55331 'IERICAN LEGION-CHAN POST 5 '5 GREAT PLAINS BLVD ANHASSEN MN 553 I 7 ,'Y OF CHANHASSEN ) CITY CENTER D~ BOX 147-..--'''-''/ AJJHASsEN MN 55317 'Y OF CHANHASSEN I CITY CENTER DR BOX 147 /- ANHASSEN....... MN /' 55317 'Y OF CHANHASSEN CITY CENTER DR BOX 147 ................ ~fÑ MN 55317 'Y OF CHANHASSEN CITY CENTER DR BOX 147 AN HASSEN MN 55317 Y OF CHANHASSEN CITY CENTER DR BOX 147 ANHASSE"J MN 55317 ,L TER E & ANNE T THOMPSON o DAKOTA AVE ANHASSEN MN 55317 =HAEL D KRAINES & 2 DAKOTA AVE ANHASSEN MN 55317 ~ALD H & MARILYN M W ASSIN 4 DAKOTA AVE AN HASSEN MN 55317 JOHN Q & DONNA M SOLBERG 8006 DAKOTA AVE CHANHASSEN MN 55317 ANTHONY E & LISA M BACHMAN 8008 DAKOTA AVE CHANHASSEN MN 55317 SUZANNE M SHEPPARD 8010 DAKOTA AVE CHANHASSEN MN 55317 PAUL 0 & LOUISE J O'DELL 8012 DAKOTA AVE CHANHASSEN MN 55317 PAULO & SHARON D PUNT 8014 DAKOTA AVE CHANHASSEN MN 55317 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317 MARION W JR & CAROL J WALKE 8018 DAKOTA AVE CHANHASSEN MN 55317 CITY OF CHANHASSEN 690 CITY CENTER DR PO BOX 147 CHA~J:lASSEN MN 55317 SINCLAIR MARKETING INC PO BOX 30825 SALT LAKE CITY UT 84130 GERALD A KVANT & 8036 DAKOTA LN CHANHASSEN MN 55317 Use template for 5160@ DANIEL J HELD PO BOX 271356 FLOWER MOUND TX 75027 GERALD L & CLAUDIA CARSON 8039 ERIE AVE CHANHASSEN MN 55317 MARK R & DEBRA W LAASER 8037 ERIE AVE CHANHASSEN MN 55317 MICHAEL A & MICHELLE BRINDlS 8035 ERIE AVE CHANHASSEN MN 55317 DAVID M & PATRICE L KAWLESKI 8033 ERIE AVE CHANHASSEN MN 55317 DA VID J HA TTEBERG & 8031 ERIE AVE S CHANHASSEN MN 55317 M PATRICIA PETERSON 8029 ERIE AVE CHANHASSEN MN 55317 RONALD ALLEN JENSEN & 8027 ERIE AVE CHANHASSEN MN 55317 ALLAN J & KATHIE J NELSON 8025 ERIE AVE CHANHASSEN MN 55317 ROBERT A & DAWN T LUND 8023 ERIE AVE CHANHASSEN MN 55317 Smooth Feed Sheets™ KAREN M KLINSING 8090 HIDDEN CT CHANHASSEN MN 553] 7 NGUYEN & BINH NGU CHAU 8080 HIDDEN CT CHANHASSEN MN 553 I 7 KEVIN R & DONNA J BECKER 8060 HIDDEN CT CHANHASSEN MN 55317 BRIAN D & JEAN M STECK LING 8040 HIDDEN CT CHANHASSEN MN 55317 THOMAS P & ANITA M BOT AMER 8020 HIDDEN CT CHANHASSEN MN 55317 PAUL R & MICHELLE M HAIK 261 HIDDEN LN CHANHASSEN MN 55317 KEITH & DELORES H BLA TZHEIM 271 HIDDEN LN CHANHASSEN MN 55317 DAVID K & JENNIFER A NEWMAN 8000 HIDDEN CIR CHANHASSEN MN 55317 ANTHONY & MARY PAVLOVICH 8010 HIDDEN CIR CHANHASSEN MN 553 I 7 LAUREN C & SHAUNA J KOPP 8020 HIDDEN LN CHANHASSEN MN 55317 Use template for 5'160(!) . SHANNON N MCCLARD & 8030 HIDDEN CIR CHANHASSEN MN 55317 GRACE DEVELOPMENT LLC 18202 MINNETONKA BLVD WAYZATA MN 55391 CHANHASSEN HRA 690 CITY CENTE PO BOX CH ASSEN MN 55317 FAMILY OF CHRIST LUTH CHURC 275 EAST LAKE DR PO BOX 388 CHANHASSEN MN 55317 JENNY JO PETERSEN 8016 ERIE AVE S CHANHASSEN MN 55317 STEVEN M WENTZEL 8018 ERIE AVE CHANHASSEN MN 55317 Planning Commission Meeting - August 15,2000 Burton: Second. Peterson: It's been moved and seconded. Any further discussion? Conrad moved, Bnrton seconded that the Planning Commission denies the reqnest for an amendment to the condition of approval of Variance #98-12. All voted in favor, except Peterson and Kind who opposed, and the motion carried with a vote of 4 to 2. Peterson: Two people say nay. It goes onto council when? Kirchoff: They have to request to appeal it. Peterson: Oh you're right. Hey my job is not complete yet. Wait, wait, wait. Appeals from the decision of this board may be made by a City Council member, the applicant or any aggrieved person who may do so by filing to the City Council an appeal with the Zoning Administrator within four days after the date of the board's decision. This will be placed on the next available City Council agenda. Thank you. PUBLIC HEARING: REOUEST FOR AN AMENDMENT TO THE HIDDEN VALLEY PUD TO ALLOW CHURCH FACILITIES AS A PERMITTED USE ON LOT 1. BLOCK 7. HIDDEN VALLEY ON PROPERTY LOCATED SOUTH OF LAKE DRIVE EAST AND EAST OF HIDDEN COURT. 275 LAKE DRIVE EAST. FAMILY OF CHRIST LUTHERAN CHURCH. Public Present: Name Address Jim Sulerud Mary & Lee Kaufman 730 Vogelsberg Trail 300 Hidden Lane Cindy Kirchoff presented the staff report on this issne. Peterson: Any questions of staff? Kind: Yes Mr. Chairman. Just to be clear, if we change the language of the PUD, are there any other uses that could go on that site besides a church? Kirchoff: No. As long as it complies with the definition of church which is on page 2 of the staff report. That's all that's permitted there. Kind: Thank you. Peterson: Other questions of staff? Would the applicant like to make a presentation? Jim Sulerud: Not necessary. Peterson: Motion for a public hearing please. II Planning Commission Meeting - August 15,2000 Conrad moved, Blackowiak seconded to open the public hearing. The public hearing was opened. Peterson: Anyone wishing to address the commissioners please come forward and state your name and address please. Kind moved, Sidney seconded to close the public hearing. The public hearing was closed. Peterson: Commissioners, your thoughts on this please. Kind: Makes sense to me. Burton: Same Peterson: Motion please. Blackowiak: I'll move the Planning Commission recommends approval of the amendment to PUD #85-] to allow a church as a permitted use on Lot I, Block 7, Hidden Valley. Kind: Second. Peterson: It's been moved and seconded. Any further discussion? Blackowiak moved, Kind seconded that the Planning Commission recommends approval of the amendment to PUD #85-1 to allow a church as a permitted use on Lot 1, Block 7, Hidden Valley. All voted in favor and the motion carried unanimously. PUBLIC HEARING: REOUEST FOR CONCEPTUAL AND PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL TO REZONE FIVE ACRES FROM A2, AGRICULTURAL ESTATE TO PUD-R. PLANNED UNIT DEVELOPMENT RESIDENTIAL AND PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE PROPERTY INTO 8 LOTS AND RIGHT-OF-WAY FOR SUMMERFIELD DRIVE ON PROPERTY LOCATED AT 421 LYMAN BLVD.. SPRINGFIELD 8TH ADDITION, MERIDIAN DEVELOPMENT. Public Present: Name Address Beth Andrews Sara W orre David Sommers Debbie Lloyd Meridian Development 300 Shoreview Court 396 Summerfield Drive 7302 Laredo Drive Bob Generous presented the staff report on this item. Peterson: Any questions of staff? ]2