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3a-c. Chapel Hill Academy C I TY 0 F PC DATE: 6/3/98 \ I - C 11 A I'T U A CC DATE: 6/22/98 \' CASE#: 98- IUP __..__�-. By: Al-Jaff _ _ winimmingoip, - STAFF REPORT _ - - -. - --e». :: PROPOSAL: 1). Interim Use Permit to allow a 3,100 square foot modular classroom building on an -_ Office Institutional Site 2). Zoning Ordinance Amendment To Allow Temporary Buildings in the Office Institutional District Z 3). Side Yard Setback Variance to allow a temporary building to be located 8.5 feet Q from a side lot line _ Jr LOCATION: 7707 Great Plains Boulevard, located south of West 78`h Street, East of Frontier • li Trail, and west of Great Plains Boulevard. 1" APPLICANT: Chapel Hill Academy St. Hubert's Church 4 17850 Duck Lake Trail 8201 Main Street Eden Prairie, MN 55346 Chanhassen, MN 55317 Arras Tian Rlalre 98R-8707 934-9106 PRESENT ZONING: OI, Office Institutional District&RSF, Residential Single Family ACREAGE: 4.58 Acres '`' DENSITY: N/A ADJACENT ZONING AND LAND USE: N - RSF; Single Family&Vacated Chan View S - OI; Office Institutional, West 78th Street, Old St. Hubert's Church anc Cemetery. 4 E -RSF; Single Family&Frontier Trail W - CBD & OI; Central Business District, Colonial Square and Office Institutional,Country Clean. U WATER AND SEWER: Available to the site. PHYSICAL CHARACTER.: The site contains an existing church, 2 houses, 2 garages, and E n playground. There are also a number of mature oak trees scatterec • over the easterly portion of the site. 2000 LAND USE PLAN: Public/Semi-Public .T. } 'a �...^ rY ti , A t z , , � . S. i. . . • - 7 a ems- fir, Vs--*,.,-,L-'....-... <S tT • jillaisk._ • • 1 L09L8L .ON '000 96/t l 'OVA ��/ �� / . - /{,� iVl 7V1�77 ZL f� 99 99 S £ Z L S y £ Z L i IK.z L ,� 00, a� •joog z w 9 L 9 6 OL IL ZL 9 L 9 `I ?" c,,I 1. • r•. dd CCLCY£o10005o .SZ SOtv ^; A1364 NVI-1O �,w o o @ 01;...04 b'cot f col I UD L 9 JSIt:ioril ,£ 9 f £ Z L I fD _ 1 _ivviits)__ it 9 6 01 Lt Zt £l Pl. 9 L 9 6 OL in : io L 9 9 i £ Z L • 9 99 6 9 .. HILL dS s 0l a A"c •.44 L'l6L cot 00L I SZII SZLL N u 9' N i'0£Z o $ $ t isz $+ 00172Z l0'SZ N N P a N 006ZZ l0'SZ + tL a N o L6•£6Z ri•L£Z 8 I £ z lo � � ` OOZ2ZLOSZ Cn o0 00 L27l0'SZ L0 #��ti /6 / 88'6LZ Oct 0 0 o f III009iZl0'SZ om _ N N a 0052 l 'SZ N Z £l ///' 19 CA' O r9'££Z ;lL2Z LOS 0O1��Zl0'SZ o OO f 4OO2CZ l0'SZ : ' MI 9S ,6Z 9L•SLZ 9ZZ ¢ L'lSS .,a nnFC7l rrn7 Chapel Hill Academy June 22, 1998 Page 2 PROPOSAL/SUMMARY There are three requests associated with this application. An interim use permit to allow a temporary 3,100 square foot modular classroom building, a zoning ordinance amendment to allow temporary buildings in the Office Institution District as an interim use and a variance to allow a temporary building to be located 8.5 feet from a side lot line. The site contains an existing church, 2 houses,2 garages,and a playground. The applicant is requesting an interim use permit to locate a 3,100 square foot (66.2 ft x 47.3 ft) modular classroom building along the northwest corner of the existing Chapel Hill Academy Building (former St. Hubert's Church and School). The site is located north of West 78th Street, west of Great Plains Boulevard, east of Frontier Trail, and south of vacated Chan View. The site has an area of 4.58 acres. The majority of the site is zoned OI, Office Institutional, while the easterly portion is zoned RSF, Residential Single Family District. Access to the site is gained via Great Plains Boulevard. The purpose of the request is to allow Chapel Hill Academy to temporarily expand their classroom area until a permanent addition is added to the building. Several discussions and meetings took place between the applicant and staff regarding this proposal. The applicant's ultimate goal is to add an addition that would accommodate new classrooms and gymnasium. However, this expansion is anticipated to be completed over the next 5 years. The enrollment numbers continues to grow resulting in a need for a larger space. The applicant requested the use of the modular classroom building as an interim use and staff believes it is a reasonable solution until an addition is built. We explained to the applicant that we realize plans take time to complete, however, we wanted a concept plan that shows the future expansion to accompany this application. Alternative 1 was presented to the city approximately 3 months ago. During that time, staff was working with the area residents on the Chanhassen "Old Town" Plan. Alternative 1 was presented to the neighbors (strictly as a potential concept). The neighbors were concerned with the potential expansion toward Frontier Trail. Their main issues were the fact that the concept reflected a 2 story gymnasium facing single family homes,the existing two homes which acted as a buffer between the school and the residences east of Frontier Trail were removed, a new curb-cut was added along Frontier Trail which is already heavily traveled, and the mature trees were taken out. The applicant prepared a second alternative that takes into consideration all the comments and recommendations made at the Chanhassen"Old Town"meetings. They include an addition along the southern portion of the site which would allow a stronger presence on West 78th Street, avoiding the majority of the existing mature trees, screening and reducing the size of the existing parking lot, and maintaining vehicular access off of Great Plains Boulevard. We need to stress the point that these are concepts and have not been studied thoroughly. The applicant is aware that staff favors Alternative 2, however, final classroom layout, gymnasium, size of rooms, number of parking spaces needed, etc., has not been completed. As part of the final discussions with the applicant, staff explained that we will Chapel Hill Academy June 22, 1998 Page 3 recommend approval of the interim use permit for the modular classroom building with the condition that a complete site plan application for the addition be submitted to the city one year after the issuance of the Certificate of Occupancy for the modular building. The applicant agreed that this was a reasonable request. Staff is proposing a zoning ordinance amendment to allow temporary buildings in the Office Institutional District. If this amendment is approved, the application will be in compliance with the ordinance. The second request is for a zoning ordinance amendment to the Office Institutional District by adding Section 20-796 Interim uses, to allow Temporary Classroom structures for use by public or private schools needed for temporary use. The third request is for a side yard setback variance. The ordinance states"The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way." The temporary building is proposed to be located 8.5 feet from the north property line. There is a vacated right-of-way that separates the subject site from the residential lots located to the north. There are also mature evergreen trees that would screen the building. The proposed location is one of the most logical areas to place the structure. It is screened from views on two sides by the existing building and existing vegetation around it, will not require any grading since it will be placed above an exiting parking lot, and it will be painted the same brown color to match the existing building. It is the least obtrusive location for a temporary addition and staff recommends approval of this setback variance. Also,this location will leave the remainder of the site in a condition that will facilitate its future development for the ultimate expansion. BACKGROUND St. Hubert's Church has had a presence in the community that dates back to its early history. It has operated as a church and school pre-dating today's ordinances and requirements. On November 3, 1975, the City Council approved a conditional use permit for the parish of St. Hubert's to erect a complex consisting of a rectory,parish offices,meeting rooms/classrooms and a church structure. This involved the relocation of the church from the south to the north side of West 78th Street. In 1997, St. Hubert's Church completed a new structure in Villages on the Pond and vacated the complex located on West 78th Street. Chapel Hill Academy leased the space to operate a private school. They need additional classroom space to accommodate the increased number of students. The ultimate plan is to construct an addition over the next few years. Until then,they are requesting approval to locate a temporary classroom building on the site. COMPLIANCE WITH INTERIM USE PERMIT STANDARDS The amended ordinance, if approved, provides that interim use permits are reviewed under the general issuance standards established for conditional use permits, Section 20-232, of the Chapel Hill Academy June 22, 1998 Page 4 ordinance. The following constitutes a compilation of the general issuance standards and staffs findings for each. 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. * The proposed building is a temporary structure which will be used for a maximum of 5 years. The building will be used as classrooms to accommodate the higher enrollment rate which will be compatible with the existing use on the property. It will have minimum impact on the adjoining properties. The property to the east is separated by a detached accessory building and the properties to the north are screened by mature vegetation. It will not be detrimental to the public health, safety, comfort,or general welfare of the city. 2. Will be consistent with the objectives of the city's Comprehensive Plan and this chapter. * The use of the building will be consistent with the Comprehensive Plan and this chapter if the setback variance is granted and the zoning ordinance amendment is approved. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. * The building is one story high. The main material used on the exterior of the building is wood. The same material could be found on the existing building. The applicant intends to paint the wood the same color as the existing building to make it appear as an extension of the existing building. This use will not be changing the essential character of the area. Once a permanent structure is built, the temporary structure will be removed. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. * The proposed building will have minimum impact, if any at all, on existing uses. The proposed location is currently used as a parking lot. The applicant is proposing to locate a single story building on that site. There will be no grading and construction will be minimum and limited to placing the temporary building in the proper location and providing access to it. No vegetation is proposed to be removed as a result of this temporary addition. 5. Will he served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer Chapel Hill Academy June 22, 1998 Page 5 systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. * The use is temporary but will have services such as sewer and water available to it. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. * The use will not create excessive requirements for public facilities and will not be detrimental to the economic welfare of the community. On the contrary, it will provide a much needed classroom space. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. * The proposed temporary building will not result in excessive traffic, noise and fumes. The students will be carpooling to school. The school is considering a school bus program for the future. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. * The proposed structure will be located to the east of an existing parking lot. It will not impact existing traffic patterns. Also, school hours are 8:30 a.m. to 3:00 p.m. which is not during rush hour. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. * The proposal will not result in any significant impact to natural or historic features. 10. Will be aesthetically compatible with the area. * The area proposed for the temporary addition, once completed, will still be aesthetically compatible with the surrounding residential sites. The applicant intends to paint the structure to match the existing building. 11. Will not depreciate surrounding property values. Chapel Hill Academy June 22, 1998 Page 6 * The proposed use will not have a long term impact on surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. * The proposed temporary building must meet the requirement and standards prescribed for the OI District. Staff feels that the application is complete and will minimize potential impacts. With the conditions proposed, staff is recommending that the Planning Commission and City Council approve the project. VARIANCE The Planning Commission shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances but to recognize that and develop neighborhoods pre-existing standards exist. Variances that blend with these pre- existing standards without departing downward from them meet this criteria. * The nature of this variance is temporary. The site has street frontage on three sides and the remaining side yard abuts a residential neighborhood. There is a vacated right-of-way that separates the subject site from the residential neighborhood. The vacated right-of-way has a total width of 66 feet. The subject site is entitled to the southerly 33 feet of the vacated right-of-way, while the northerly 33 feet would revert back to the residential property to the north. This would translate to a 41.5 foot setback on the temporary structure setback. The closest home is located approximately 100 feet north of the proposed temporary structure. The proposed location is the most logical one. It provides a reasonable connection to the existing building, will not require any grading, and is screened from views by existing vegetation. It is in a location that will not interfere with any future expansion. b. The conditions upon which a petition for a variance is based are not applicable, generally,to other property within the same zoning classification. * The conditions upon which this petition for a variance is based are not applicable generally to other properties within the same zoning classification. Chapel Hill Academy June 22, 1998 Page 7 c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. * The purpose of this variation is not based upon a desire to increase the value or income potential of the parcel. d. The alleged difficulty or hardship is not a self created hardship. * The difficulty or hardship is not self-created. The hardship is a result of the physical surroundings of the area. The site is surrounded by public right-of-way on three sides. The northern portion of the site has a vacated right-of-way abutting it. The proposed location for the temporary structure will have minimum impact, if any, on surrounding properties. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. * Granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increases the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. * The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. It will not increase the traffic. ZONING ORDINANCE AMENDMENT The current ordinance does not allow temporary structures in the Office Institutional District. The number of school age children is on the increase and schools are constantly trying to enlarge their buildings to accommodate these increasing numbers. Funding for larger buildings is always an issue. This amendment will provide schools with an interim solution. Staff is recommending a Zoning Ordinance Amendment to the Office Institutional District by adding Section 20-796 Interim uses, to allow Temporary Classroom structures for use by public or private schools needed for temporary use. Since the amendment is a straight forward and simple addition, staff is recommending the City Council vote to adopt the ordinance and waive the second reading. Chapel Hill Academy June 22, 1998 Page 8 GRADING The temporary building is proposed to be moved in and placed on the existing parking lot. The structure is proposed to be constructed on a series of footings 42"deep. Other than the footings, no land alteration is proposed. UTILITIES The temporary building is proposed to be situated on top of an existing sanitary sewer line which is of concern should the city need to perform repairs to the line. The likelihood of this happening is very remote. However, the applicant should be aware that if the city does need to repair the line, the city shall not be held responsible for any damage as a result of moving the structure to perform repairs. The sewer line is approximately 20 feet deep. Based on the plan, it appears no additional sewer or water service is necessary for this proposal. DRAINAGE Based on the plan,the proposed building will not create the need for additional storm drainage improvements. The building should be situated in a fashion that will not impede the existing neighborhood drainage pattern. Provision to maintain drainage needs to be incorporated into the plan. STREETS The site is served from the existing parking facilities. No additional improvements appear necessary. BUILDING CODE ISSUES Background The north portion of the existing building was constructed in 1976. It was constructed as a mixed occupancy building-E(educational-classrooms),B(business-offices)and A(assembly-church and gymnasium). It was constructed as a type V-1 hour(wood with one-hour fire-resistive construction)building. It is not fire sprinidered. A portion of Chan View abutting the north property line of the church/school property was vacated in 1975 (resolution 65721). It's not clear how this affected the common property line between the church and property owners to the north. The applicant is proposing the placement of a 48' by 67' portable classroom that is currently being Chapel Hill Academy June 22, 1998 Page 9 used in Eden Prairie. The portable classrooms are of type V-N (nonrated wood construction) construction. The applicant is proposing to place the classrooms in the parking lot between the north wall of the church and the north property line. The classrooms are intended to be used for five years. A classroom is an E-1 occupancy. Analysis Temporary Occupancy. The building code recognizes only limited temporary structures- reviewing stands,protection fences,canopies,etc. For obvious reasons,code requirements for occupied buildings cannot be relaxed. The fact that the use may be discontinued at some future time will not deter fires or accidents. Although the classrooms may only be on the site for five years,all applicable provisions of the building code apply. Property Line Setbacks. The building code requires different levels of exterior wall and opening protection based on the distance of a building from the property line. The existing church/school building was far enough away from the property line so that no opening protection was required. Because the church/school had to be constructed as a type V-1 hr building, the exterior walls had to be of one-hour fire-resistive construction regardless of the distance from the property line. The north wall of the portable classrooms is proposed to be 8.5' from the north property line,the south wall is proposed to be 10' from the church/school and the east wall is proposed to be 15' from the church/school. • North wall. Walls less than 10' from the property line are required to be of one-hour fire resistive construction. Openings less than 10' from the property line are required to be protected. The vacated portion of Chan View may have increased the distance to the church/school property line, making protection unnecessary. In any event,the private drive remains,and zoning setback requirements make it unlikely the homes to the north will build in that area. For these reasons,the 8.5' distance of the portable classrooms from the property is acceptable. • South wall. Because the church/school building and the portable classrooms are of dissimilar occupancies and construction types,an property line must be assumed between the two buildings. The property line can be assumed at the most advantageous location for the two buildings. The portable classroom will only be used at this location for five years, so it's probably desirable to assume the property line at a location that won't require any alterations to the classroom building. This assumption would place the property line 10' away from the building,or right at the exterior wall of the existing church school building. A property line at the exterior wall of the church/school is acceptable only if it is a two-hour fire-resistive wall with a parapet and no openings. There are no openings in the portion of the wall along the assumed property line. The wall was constructed as a one-hour fire- resistive wall,but in reality it is of two-hour fire-resistive construction for the most part. Chapel Hill Academy June 22, 1998 Page 10 The nonrated combustible band at the exterior of the building and the roof/ceiling at the top of the wall will need to be protected as required for two-hour fire-resistive construction. A 30"high parapet will also need to be constructed. • East wall. The east wall of the portable classrooms must be 10' from the assumed property line to remain as is. The west wall of the church/school has a number of unprotected openings in this area, so the property line must be 10' from the church/school. These property line setbacks will result in the buildings being a minimum of 20' apart. There may be other methods of providing required protection. I have explored the most practical, least expensive scenarios. I have discussed these requirements with the applicant. Exiting. A pedestrian walkway meeting the requirements of the building code will need to be constructed connecting the two buildings in order to provide required accessibility to the sanitation facilities. The walkway will be constructed in an area where required exits from the church/school already exist. These exits must be maintained. They are on the accessible route for the building, so any change in level must be by a ramp. It is permissible to exit through the pedestrian walkway if all applicable requirements of the building code are met. Accessibility. Placement of the portable classrooms in the area shown will result in the loss of accessible parking stalls. Accessible stalls must be replaced at the ratio and location required by the building code. Any new construction associated with the portable classroom must also meet accessibility requirements. Plans and Permits. The manufacturer of the portable classrooms has supplied information on the required location of building supports. A local structural engineer must provide plans showing footing sizes, footing reinforcement and tie down or anchoring requirements. Plans showing the design of skirting,the pedestrian walkway, and building protection.must also be submitted. They are not required to be prepared by an architect. Plans will be reviewed by Inspections Division staff prior to issuance of a building permit. PLANNING COMMISSION UPDATE On June 3, 1998,the Planning Commission reviewed and approved this application. The main issue of concern was the length of the Interim Use Permit and the fact that the applicant might apply for an extension when the permit expires. The Planning Commission commented that the staff report does not indicate that when the interim use permit expires,it cannot be renewed. Staff explained that the applicant has the right to apply for an extension,however,the application will have to appear before the Planning Commission and City Council. The applicant explained that they intend to proceed with the expansion,however,they need to raise some funds to build the addition. If the funds did not become available,they would either move to a different location which is a similar cost issue to adding to the building,or cut enrollment back to fit in the building. Chapel Hill Academy June 22, 1998 Page 11 The applicant was asked if the possibility of renting space within the Colonial Center has been investigated. The applicant explained that they have. The cost of renting the space was higher than moving the modular structure. Furthermore,the modular structure will be physically connected to the building and would not require the crossing of streets or parking lots. The entire planning commission stressed the fact that this is a temporary use and that they wish to see the applicant proceed with the addition. Consequently, they amended condition #3 of the staff report to read "The Interim Use Permit shall expire in 5 years from the date approved by the City Council or until the expansion of the school is completed, whichever comes first." The second issue dealt with the design of the structure. The commission asked staff if they were comfortable with the design of the building and if other options were investigated. Staff explained that this is an existing building which is currently being used in Eden Prairie. Since it is a temporary structure that will be removed in five years or less,we did not investigate other designs. The applicant stated that currently there is not a bus service,however, there is a fairly organized carpool program generating an average of 60-70 trips in the morning. The applicant also explained that it is not significantly different than the way St. Hubert's used to operate. Staff concurred with the applicant regarding the trip generation as compared to St. Hubert's. RECOMMENDATION The Planning Commission recommended the City Council adopt the following motion: Interim Use Permit "The City Council approves Interim Use Permit #98-1, with a variance to locate the structure 8.5 feet from the northern property line,with the following conditions: 1. The applicant shall submit a complete site plan application no later than one year after issuance of a Certificate of Occupancy. 2. The wood siding on the temporary building shall be painted the same color"brown" as the existing building. 3. The Interim Use Permit shall expire in 5 years from the date approved by the City Council or until the expansion of the school is completed,whichever comes first.. 4. The temporary structure shall be used as classroom space only. Chapel Hill Academy June 22, 1998 Page 12 5. The City shall not be held liable for any damage to the proposed temporary building as a result of performing repairs to the existing sanitary sewer line. 6. Provision to maintain the existing neighborhood drainage shall be incorporated into the plan for staff review and approval. 7. Building Official conditions: a) The portable classroom and the existing church/school must be altered to comply with building code provisions for wall and opening protection at property lines with the exception of the north wall of the portable classroom. b) Existing exiting for the church/school must be maintained. c) New accessible parking stalls must be provided in compliance with the current building code. d) New construction must meet all current building code requirements. e) Plans must be submitted to the Inspections Division for review and building permit approval prior to the building being moved to the site. 8. Meet with Fire Prevention Division for Fire Code requirements. Zoning Ordinance Amendment "The City Council approves the first reading and waives the second reading to amend the Zoning Ordinance Amendment Section 20-796, Office Institutional District,by adding to read as follows: Section 20-796 Interim uses: 1. Temporary Classroom structures for use by public or private schools needed for temporary use." ATTACHMENTS 1. Ordinance amendment 2. Memo from Dave Hempel dated May 22, 1998 3. Memo from Steve Kirchman dated May 26, 1998 4. Public hearing and property owners list. 5. Proposed Expansion Concepts Alternatives 1 and 2 6. Application,narrative,photos and plan 7. Planning Commission minutes dated June 3, 1998 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE RELATING TO The City Council of the City of Chanhassen ordains: Section 1. Article XXI. "OI"Office and Institutional District, is hereby amended by adding the following section: Section 20-796. Interim Uses. The following are interim uses in the"OI"District: 1. Temporary Classroom structures for use by public or private schools needed for temporary use." Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this day of , 1998. ATTEST: Don Ashworth, Clerk/Manager Nancy K. Mancino, Mayor (Published in the Chanhassen Villager on 101. CITY OF MEMORANDUM CHANHASSEN TO: Sharmin Al-Jaff,Planner H City Center Drive,PO Box 147 FROM: David Hempel, Assistant City Engineer. Chanhassen,Minnesota 55317 Phone 612.937.1900 DATE: May 22, 1998 General Fax 612.937.5739 F.ngineering Fax 612.93791>2 SUBJ: Request for IUP- Old St. Hubert's Site (Great Plains Boulevard& 'ublic Safely Fax 612.934.25 24 West 78th Street) - Chapel Hill Academy [t"ebuuu:cid�mrhassen.nrn.trs Land Use Review File No. 98-14 Upon review of the Certificate of Survey dated April 6, 1998, prepared by Hanson, Thorp, Pellinen, Olson, Inc., I offer the following: GRADING The temporary building is proposed to be moved in and placed on the existing parking lot. The structure is proposed to be constructed on a series of footings 42"deep. Other than the footings, no land alteration is proposed. UTILITIES The proposed temporary building is proposed to be situated on top of an existing sanitary sewer line which is of concern should the City need to perform repairs to the line. The likelihood of this happening is very remote. However, the applicant should be aware that if the City does need to repair the line, the City shall not be held responsible for any damage as a result of moving the structure to perform repairs. The sewer line is approximately 20 feet deep. Based on the plan, it appears no additional sewer or water service is necessary for this proposal. DRAINAGE Based on the plan, the proposed building will not create the need for additional storm drainage improvements. The building will impede the existing neighborhood drainage pattern. Provision to maintain drainage needs to be incorporated into the plan. STREETS The site is served from the existing parking facilities. No additional improvements appear necessary. lie City of Chanhassen.A growing community with clean lakes,quality schools,a charming downtown,thriving businesses,and beautifi+l parks.A great place to live,work,and play. Sharmin Al-Jaff May 22, 1998 Page 2 RECOMMENDED CONDITIONS OF APPROVAL 1. The City shall not be held liable for any damage to the proposed temporary building as a result of performing repairs to the existing sanitary sewer line. 2. Provision to maintain the existing neighborhood drainage shall be incorporated into the plan for staff review and approval. jms c: Anita Benson, City Engineer \`cfsl\vol2\cng\dave\pcbld st.hubert-chapel hill.doc IOW CITY OF CHANHASSEN MEMORANDUM O City Center Drive,PG Box 14,- TO: Sharmin Al-Jaff,Planner II 'hanhassen,Alinnesota 5531- FROM: Steve A.Kirchman,Building Official t1-), Phone 612.93 .1900 Geneml Fax 612.937.5739 DATE: May 26, 1998 agineering Fax 612.93-..9152 'ublkSrlm Fax 612.93,1?524 SUBJECT: 98-1 IUP(7707 Great Plains Blvd. Chapel Hill Academy) Web wucw.ci.chanhtssen.ton.us I was asked to review the variance proposal stamped"CITY OF CHANHASSEN, RECEIVED, MAY 0 2 19 9 8, CHANHASSEN PLANNING DEPT.' for the above referenced project. Background: The north portion of the existing building was constructed in 1976. It was constructed as a mixed occupancy building-E(educational-classrooms),B(business-offices)and A(assembly- church and gymnasium). It vs,as constructed as a type V-1 hour(wood with one-hour fire-resistive construction)building. It is not fire sprinklered. A portion of Chan View abutting the north property line of the church/school property was vacated in 1975(resolution 65721). It's not clear how this affected the common property line between the church and property owners to the north. The applicant is proposing the placement of a 48' by 67' portable classroom that is currently being used in Eden Prairie.The portable classrooms are of type V-N(nonrated wood construction)construction. It is proposed to place the classrooms in the parking lot between the north wall of the church and the north property line. The classrooms are intended to be used for five years. A classroom is an E-1 occupancy. Analysis: Temporary Occupancy. The building code recognizes only limited temporary structures- reviewing stands,protection fences,canopies,etc.For obvious reason,code requirements for occupied buildings cannot be relaxed. The fact that the use may be discontinued at some future time will not deter fires or accidents. Although the classrooms may only be on the site for five years,all applicable provisions of the building code apply. Property Line Setbacks. The building code requires different levels of exterior wall and opening protection based on the distance of a building from the property line. The existing church/school building was far enough away from the property line so that no opening protection was required. Because the church/school had to be constructed as a type V-1 hr building,the exterior walls had to be of one-hour fire-resistive construction regardless of the distance from the property line. he City of Chanhassen.A growing community with clean lakes,quality schools,a charming downtown,thriving businesses,and beautiful parks.A great place to lire,work,and play. Sharmin Al-Jaff, Planner II May 26, 1998 Page 2 The north wall of the portable classrooms is proposed to be 8.5' from the north property line,the south wall is proposed to be 10' from the church/school and the east wall is proposed to be 15' from the church/school. • North wall.Walls less than 10' from the property line are required to be of one-hour fire resistive construction. Openings less than 10' from the property line are required to be protected.The vacated portion of Chan View may have increased the distance to the church/school property line,making protection unnecessary. In any event,the private drive remains,and zoning setback requirements make it unlikely the homes to the north will build in that area. For these reason,the 8.5'distance of the portable classrooms from the property is acceptable. • South wall. Because the church/school building and the portable classrooms are of dissimilar occupancies and construction types,an property line must be assumed between the two buildings. The property line can be assumed at the most advantageous location for the two buildings. The portable classroom will only be used at this location for five year,so it's probably desirable to assume the property line at a location that won't require any alterations to the classroom building. This assumption would place the property line 10'away from the building,or right at the exterior wall of the existing church school building. A property line at the exterior wall of the church/school is acceptable only if it is a two-hour fire-resistive wall with a parapet and no openings.There are no openings in the portion of the wall along the assumed property line.The wall was constructed as a one-hour fire-resistive wall,but in reality it is of two-hour fire-resistive construction for the most part. The nonrated combustible band at the exterior of the building and the roof/ceilingat the top of the wall will need to be protected as required for two-hour fire- resistive construction. A 30"high parapet will also need to be constructed. • East wall. The east wall of the portable classrooms must be 10' from the assumed property line to remain as is. The west wall of the church/school has a number of unprotected openings in this area,so the property line must be 10' from the church/school. These property line setbacks will result in the buildings being a minimum of 20'apart. There may be other methods of providing required protection. I have explored the most practical least expensive scenarios. I have discussed these requirements with the applicant. Exiting. A pedestrian walkway meeting the requirements of the building code will need to be constructed connecting the two buildings in order to provide required accessibilityto the sanitation facilities. The walkway will be constructed in an area where required exits from the church/school already exist. These exits must be maintained. They are on the accessible route for the building,so any change in level must be by a ramp. It is permissible to exit through the pedestrian walkway if all applicable requirements of the building code are met. Accessibility. Placement of the portable classrooms in the area shown will result in the loss of accessible parking stalls. Accessible stalls must be replaced at the ratio and location required by the building code. Any new construction associated with the portable classroom must also meet accessibility requirements. Sharmin Al-Jaff, Planner II May 26, 1998 Page 3 Plans and Permits. The manufacturer of the portable classrooms has supplied information on the required location of building supports. A local structural engineer must provide plans showing footing sizes,footing reinforcement and tie down or anchoring requirements. Plans showing the design of skirting,the pedestrian walkway,and building protection.must also be submitted. They are not required to be prepared by an architect. Plans will be reviewed by Inspections Division staff prior to issuance of a building permit. Recommendations: The following requirements should be added to the conditions of approval; 1. The portable classroom and the existing church/school must be altered to comply with building code provisions for wall and opening protection at property lines with the exception of the north wall of the portable classroom.. 2. Existing exiting for the church/school must be maintained. 3. New accessible parking stalls must be provided in compliance with the current building code. 4. New construction must meet all current building code requirements. 5. Plans must be submitted to the Inspections Division for review and building permit approval prior to the building being moved to the site. g:safety lSakbnemos\planNchplhilI . 5/00/� 2Sl noel Ol I I I I _� iill NOTICE OF PUBLIC HEARING " r -- . PLANNING COMMISSION N .2 w 7 th ,Z1t Wednesday, June 3, 1998 _ ,. at 7:00 p.m. ,11111. _ I 1 1 City Hall Council Chambers � 690 City Center Drive lew Hkiikl W_ 78th St SUBJECT: Request for an Interim Use Permit \ EiEj; -•••••If APPLICANT: Chapel Hill Academy / LOCATION: 7707 Great Plains Blvd. El 79 IIIP A �r NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Chapel Hill Academy, is requesting an Interim Use Permit to allow a modular classroom building on an Office Institutional Site, a Zoning Ordinance Amendment to allow temporary buildings in the Office Institutional District, and a Side Yard Setback Variance to allow a temporary building to be located 8.5 feet from a side lot line, located south of West 78th Street, east of Frontier Trail, and west of Great Plains Boulevard, 7707 Great Plains Boulevard. 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 Commission 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. The commission will then make a recommendation to the City Council. 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 Sharmin at 937-1900 ext. 120. 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 May 21, 1998. 4NHASSEN MEDICAL BLDG GEORGE D SHORBA DON GOETZE WEST 78TH ST. 304 CHAN VIEW 7610 FRONTIER TRAIL BOX 250 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 4NHASSEN, MN 55317 1RY SCHLENK NORBERT JACQUES FRED COULTER WEST 78TH STREET BOX 44 7616 FRONTIER TRAIL 4NHASSEN,MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JRCH OF ST HUBERT HERITAGE APARTMENTS MICHAEL BOGDEN 7 GREAT PLAINS BLVD 425 CHAN VIEW 7617 FRONTIER TRAIL 4NHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 RK PEARSON CHAN VEIW ESTATES-I RICHARD GAVERT CHAN VIEW PHILLIP N 7701 FRONTIER TRAIL \NHASSEN, MN 55317 4900 NINEE MILE MILE CREEK PK CHANHASSEN, MN 55317 BLOOMINGTON, MN 55437 EG ODASH JEROME WENDT LARRY SCHROEDER CHAN VIEW 7701 ERIE AVENUE 7720 FRONTIER TRAIL aNHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JALD ROESER JOHN KRAEMER W. H. PAULY CHAN VIEW 7703 ERIE AVENUE BOX 8 \NHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JE IVERSON MARC LARSEN ST HUBERTS CHURCH CHAN VIEW 7706 ERIE AVENUE 7707 GREAT PLAINS BLVD \NHASSEN.MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 1BARA HAMILTON MARY ELLEN JANSEN KEITH KUPCHO CHAN VIEW 7720 ERIE AVENUE 7723 FRONTIER TRAIL \NHASSEN, MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 -RICIA BERKTOLD ANN MARIE WILSON ST HUBERTS CHURCH CHAN VIEW 7721 ERIE AVENUE 7724 FRONTIER TRAIL \NHASSEN, MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 SCHUTROP BRIAN NUSTAD STEVEN NELSON CHAN VIEW 7791 ERIE AVENUE 7725 FRONTIER TRAIL \NHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 ANDREA GRIFFITH & PAUL EIDEM J BUSCH &G CHRISTENSON VIOLA BUSCHKOWSKY 7727 FRONTIER TRAIL 7607 HURON 206 WEST 78TH STREET CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 DEAN ROERICK MARTIN RICKER PAULA ATKINS 7604 GREAT PLAINS BLVD 7608 HURON 220 WEST 78TH STREET CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 DOUGLAS SUEDBECK LAN NGUYEN CHRISTOPHER T COX 7605 GREAT PLAINS BLVD 7609 HURON 222 WEST 78TH STREET CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CARLOS& KIM MARROQUIN LINDA ORWOLL WENDY BRUNS 7606 GREAT PLAINS BLVD 7610 HURON, P.O. BOX 883 224 WEST 78TH STREET CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 WILLIAM HANSON CHANHASSEN GUEST SUITES JERRY SCHLENK 7607 GREAT PLAINS BLVD P.O. BOX 64 225 WEST 78TH STREET CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN. MN 55317 JANE MESSER PAUL ROJINA CAMEO CLEANERS 7608 GREAT PLAINS BLVD 220 WEST 77TH STREET 400 WEST 78TH STREET CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 DOUGLAS KOCH BERNARD KERBER WESTWOOD COMMUNITY CHURCH 7609 GREAT PLAINS BLVD 221 WEST 77TH STREET 7801 PARK DRIVE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JAMES M MARTIN KEVIN CRAGG MASON PROPERTIES 3740 UNION TERRACE LANE 222 WEST 77TH STREET 1014 MAINSTREET MINNEAPOLIS, MN 55441 CHANHASSEN, MN 55317 SUITE 200 HOPKINS, MN 55343 ST HUBERTS CHURCH DANIEL BURKE CHANHASSEN REALTY CO 7707 GREAT PLAINS BLVD 225 WEST 77TH STREET C/O PEGGY RILEY CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 3700 ZENITH AVE. SO. MINNEAPOLIS, MN 55410 COUNTRY CLEAN LINDA KEELER CHANHASSEN MEDICAL BLDG P.O. BOX 162 304 WEST 77TH STREET PO BOX 250 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 OOMBERG COMPANIES INC. ). BOX 730 • ,ANHASSEN, MN 55317 . • ;: CITY OF CHANHASSEN RECEIVED 690 COULTER DRIVE CHANHASSEN, MN 55317 (612)937-1900 MAY fl 1 1998 DEVELOPMENT REVIEW APPLICATION CI I Y ur tdnHwIiHSSEN APPLICANT: C hq ( f r(r 1 ffC`(lem y OWNER: St 406--C - Chute(^ ADDRESS: I—)qSo �ut_�`- l.�lc�.-Tr I ADDRESS: SZo 1 ►Y\a'n �(cee4 E devt Prc.�rie MN) SC34 L Cha.AhC,Ssen mrJ CS3i—) TELEPHONE(Day time) `egg'g2o2 TELEPHONE: C tJan Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit _ Vacation of ROW/Easements < Interim Use Permit J bo /. Variance Non-conforming Use Permit _ Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning / Zoning Ordinance Amendment 7 Sign Permits Sign Plan Review Notification Sign Site Plan Review* X Escrow for Filing Fees/Attorney Cost" ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEE$ 52 Pc( - 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 81" X 11" 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 fee shall be charged for each application. PROJECT NAME �P� �.t U. AcG'd�'"'"f LOCATION T 7 01 CO Y^ 9 lc c Z k o d• LEGAL DESCRIPTION Spa- 5"c"G� TOTALACREAGE 4. s airs WETLANDS PRESENT YES $ NO PRESENT ZONING 02 REQUESTED ZONING 6Z PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST TrIte.►'rrn use. p ,4 -for '��mo v c_lA.ssrocwti. . rt yeAr S r—E 1-"`"18 -► Z itt� 6�0�. Gw�«,c�w.� -�' Q o This application must be completed in full and be typewritten or clearly prirJ 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 is Department to determine the specific ordinance and procedural requirements applicable to your application. Ffr 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. .9 - 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 P 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 purchase agreement), or I am the authorized person to make S this application and the fee owner has also signed this application. I 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 S' my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing q 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. vs .1.111 (i5 Signature o ppli ant Date r Owner Date S o3 Signature o F e 0 e Application Received on Fee Paid Receipt No. 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. T..5..t.,_- —__....... _— , _ 1 li 1-1-1-1-1-TrIl . i , ,r III , r L m I \ x . , . , l Z J 16, ..i. • 1,--..... I rti:1; ,1-1.• 2 I ;IT .t.; I- I' 'S ' it. fi i ja...1,. . 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'50% C. . i5 I 17©01:10a®chi 1.119"301, '4'111 1 1 c Chapel Hill Academy Proposed Expansion Concept - Alternative 1 7707 Great Plains Blvd .---.- ..,. •-• lio II ON 0 GREAT PLAINS BLVD ] • ) ----, r In MO IIIII MI =I IN ._ -----.. ---j--- - - -.. _ . .. --- -- -----i. :. _I. _ ._.. ..._ I co —1- - .---------,------ -. ri . : • • . . _. . , ._ fil I CI I t7IX' 1 . i • 2 0 1 1 7.n J c • i ri I o I IN _ _____ ,, .... _ _______.._ __ , 1 § 1/ i 1 , -n 11111001•41 ..., L.,...: i -T 1 Ef:l" ! 1 • 1 I • J: 1 ' o ,_, r, • , ,,,,E -,. 1 n. 21 -ttl I I I 1 - 1 1 7 I i 1 , i71 1 I I SI '1 1 = FRONTIER TRAIL 0 0 i i73* -4. -3° a IT 312. 0 = I 0 C 0 2 2 i1 2 .1i Chapel Hill Academy ,..., Proposed Expansion Concept - Alternative 2 7707 Great Plains Blvd %.0 c,:, CITE OF CHANHASSEN Request for Interim Use Permit Chapel Hill Academy IAY 0 199� April 20, 1998 7707 Great Plains Blvd. Chapel Hill Academy respectfully requests that the City of Chanhassen grant an interim use permit to allow the use of a 3100 square foot temporary classroom building on the old St. Hubert's School/Church property. The requested length of the interim use is five years starting,August 1988. The proposed temporary classroom building will be located adjacent to the north end of the existing building and would be connected to the existing building by a covered pedestrian walkway. The temporary classroom building is currently in use at our Eden Prairie facility on Duck Lake Road. Chapel Hill Academy intends to purchase the entire St. Hubert's property and expand the school building to accommodate our projected enrollment growth. We will be operating at the St. Hubert's site under a lease/purchase agreement until the purchase is completed. The maximum planned enrollment will be approximately 450 students in grades K-8. We expect to begin building expansion in 2-3 years and would remove the temporary building at that time. We are requesting five years to account for the time of construction and any unforeseen delays. See attached letter for details about Chapel Hill Academy. Chapel Hill Academy 17850 Duck Lake Trail Eden Prairie, MN 55346 612/949-9014 February 16, 1998 Ms. Sharmin Al-Jaff, City of Chanhassen 690 Coulter Drive Chanhassen Minnesota Re: Chapel Hill Academy/old St. Hubert's site Dear Sharmin: As you requested,the following is a brief overview of Chapel Hill Academy,some details of our current operation, and some of the issues related to our desire to purchase the old St. Hubert's Church and School site. Chapel Hill Academy was founded 27 years ago by a small group of parents that wanted to make a difference in their children's lives. As it states in the preamble to the Chapel Hill Academy constitution,the school was established"to help them carry out their child-training responsibilities in a God-pleasing manner."That sentiment is evident today in the CHA Mission Statement: "To glorify God and assist families by providing a Christ-centered education which inspires and enables students to pursue academic excellence and spiritual maturity" Chapel Hill Academy is a non-denominational, non-affiliated, private Christian school for students in kindergarten through eighth grade. The 1997-98 enrollment is 246 students from 167 families. This represents significant growth over the past 4 years.The school is currently leasing approximately 22,000 square feet of space in two locations. The school's main campus, and home for most of its history, is at King of Glory Luthern Church on Duck Lake Trail in Eden Prairie. In 1997 CHA moved the junior high to the old St. Hubert's school in Chanhassen. Our families live and work in the southwest metropolitan area; about 80%are residents of Chanhassen or an adjacent City(Chaska, Eden Prairie...) The operation at Chapel Hill is typical of most K-8 schools with school hours from 8:30 a.m. to 3:00 p.m. Monday through Friday. The school calendar generally follows the local public schools for start date, end date and holidays. Miscellaneous activities (music, sports, etc...)occur in the afternoon and evening hours and on some Saturdays. The K-8 nature of the school precludes any activities later than approximately 9:00 p.m. Recess and Physical Education classes are held - outside when appropriate. There is currently not a bus program for students—most families car pool for daily drop off and pick up. A bussing program will likely be considered at some time in the future. In a typical year,there are three or four all-school events or programs. As we grow, and anticipate further growth based on the rapid development of the Chanhassen/Chaska area,we have identified the need for an expanded facility,one which will allow all of our students to be in one location as well as providing for the addition of new students. The school has established a targeted maximum of 450 students in a two-track (two classes at each grade level) K-8 program. Based on our current growth rate, we expect that this could occur within the next 5-8 years by adding one class per year. As you are aware, Chapel Hill Academy has been negotiating with St. Hubert's Catholic Community to purchase their old school and church building on approximately 4 acres of property located in the northeast quadrant of the intersection of West 78t°Street and Great Plains Boulevard. We believe that this facility will meet our needs in the near future and can possibly be expanded to accommodate our ultimate population.A condition to our closing on the property would be obtainment of the necessary approvals from the City of Chanhassen for the future expansion. Many possible alternatives exist for this expansion.Attached is a concept for expansion that adds 30-40,000 square feet to the existing structure. This concept was prepared as an exercise to determine if the site could support the anticipated 65-75,000 total square feet within the parameters in the City's zoning ordinances. The concept shows the removal of the two older homes on the east side of the property and new construction to the east, but options exist which would allow for the expansion to be southerly toward 78t6 Street or westerly toward Great Plains Boulevard. The existing parking is significantly more than what is needed for a school use alone. Some of the parking could be replaced by building or green space. All of these issues would be worked out in the detailed design and City review processes.A likely interim space solution would be the relocation and use of the modular classroom building currently at our Eden Prairie campus. We at Chapel Hill Academy are excited about the possibility of moving to the downtown Chanhassen area. We believe that the proposed use would be very similar to that which has been on the site for the past many years. We believe that the addition of children and families to the downtown area will add to the richness of this already vibrant community. We are open to input from the City staff, Council and neighbors as we finalize our negotiations and further investigate our options for the site. If you have any questions regarding Chapel Hill Academy or our intentions for this property, please feel free to contact me at 988-8202 or our Principal, Mr. Dick Case at 949-9014. Sincerely, Chapel Hill Academy Daniel A. Blake CHANHASSEN PLANNING COMMISSION REGULAR MEETING JUNE 3, 1998 Vice Chairman Joyce called the meeting to order at 7:05 p.m. MEMBERS PRESENT: Allyson Brooks, Alison Blackowiak, Ladd Conrad, Kevin Joyce, Matt Burton and LuAnn Sidney MEMBERS ABSENT: Craig Peterson STAFF PRESENT: Kate Aanenson, Planning Director; Sharmin Al-Jaff, Planner II; Bob Generous, Senior Planner; and Dave Hempel,Assistant City Engineer PUBLIC HEARING: CHAPEL HILL ACADEMY REQUEST FOR AN INTERIM USE PERMIT TO ALLOW A MODULAR CLASSROOM BUILDING ON AN OFFICE INDUSTRIAL SITE, A ZONING ORDINANCE AMENDMENT TO ALLOW TEMPORARY BUILDINGS IN THE OFFICE INDUSTRIAL DISTRICT, AND A SIDE YARD SETBACK VARIANCE TO ALLOW A TEMPORARY BUILDING TO BE LOCATED 8.5 FEET FROM THE SIDE LOT LINE, LOCATED SOUTH OF WEST 78TH STREET, EAST OF FRONTIER TRAIL AND WEST OF GREAT PLAINS BOULEVARD, 7707 GREAT PLAINS BOULEVARD. Sharmin Al-Jaff presented the staff report on this issue. Joyce: Are there any questions for staff at this time from any commissioners? Conrad: Yes, Mr. Chairman. Are we, is the applicant here and show us what it's going to look like? Al-Jaff: Yes. There should be. Conrad: Is that what it looks like? Al-Jaff: Yes. Conrad: That is the building? Al-Jaff: Yes. It's currently in Eden Prairie. Conrad: And the dimensions are what? 60 x 40 or something like that? Al-Jaff: Correct. Planning Commission Meeting - June 3, 1998 Conrad: And that's the roof line that staff agreed with. There are all sorts of structures that put roof lines in that work. Ugly structures, I deal with this and nicer structures. You're comfortable that this is the right one. Al-Jaff: The fact that it is a temporary building. It is the reason why we said okay. They have the building right now in Eden Prairie. They're moving it to Chanhassen. Ultimately this building is, will disappear. Conrad: But you like,again I just want to open up your vision. There are choices to temporary structures so we're comfortable with this? Aanenson: Well I guess I would say that this is what they're asking...because they're currently using it. We didn't go out and look at a variety and recommend this one. They asked us to move this one because they're currently using it. So I don't think it was a choice. Brooks: And they didn't offer any other types of temporary structures for you to look at? Conrad: But you're comfortable, that's all I'm trying. Aanenson: Well I think that was the reason why we said in one year they have to come back with a complete site plan. We want to make sure that this stays on track. If this becomes, these are temporary...moving forward to make a permanent building. Conrad: Now the way the staff report was written, it doesn't tell me that the interim use permit will not be renewed. It doesn't say that. It says we have a sequence to follow. In one year you have to do this. But is it the staffs recommendation that this interim use permit is for 5 years. At the end of 5 years there is no such, they can come back for it but is, you're not making the judgment on whether they come back for it or not. You're saying, what are you saying in the staff report? Aanenson: That it expires in 5 years. If they want to come back and make an appeal to you, they have that opportunity but it is our recommendation that they're not there in 5 years. Conrad: So they really have this for 5 years and the progress towards getting rid of it is really, there's only one milestone and that's year one with the overall facade. Brooks: Why is it taking them so long? Why the 5 years? Aanenson: We'll let the applicant speak to that. Joyce: If the applicant's here, would you like to address the Planning Commission at this time? Please step forward. State your name and address. 2 Planning Commission Meeting- June 3, 1998 Dan Blake: Mr. Chairman, Planning Commissioners. My name is Dan Blake. I represent Chapel Hill Academy. I think I'll first try to introduce Chapel Hill Academy to the City of Chanhassen for those who are unfamiliar. Chapel Hill Academy is a K through 8 school. We've been in existence for about 27 years. Most of that time located in Eden Prairie. This past year we have leased a portion of the space at the old St. Hubert's School and we have worked out an arrangement with St. Hubert's to purchase that property that we think will enable us to, it would be our first permanent home really since, we've always been renting but we haven't moved around a lot but this would be a current home that we could use as it sits now, and eventually expand it to meet our ultimate objective or goal of two classes of K through 8, approximately 450 students. Currently we project about 260 students next year. To answer some of the questions that I heard brought up by commission. The existing building that's proposed is a structure that we currently own and are using in Eden Prairie. That's why we didn't look at other alternatives. However,we believe that the location, as well as the design of the building fit in with the site. If you can picture the back side or the church side of the St. Hubert's building, it's a light brown color up to about a medium brown color up to about 8 or 9 feet and then it has another 3 foot dark brown span with wood siding at the top. This modular building is similar in nature in that it has one type of wood siding for the first about 9 feet and then approximately a 2 to 3 foot kind of a mansard type roof. And we believe that that follows staff's condition to paint that building to match the St. Hubert's building at the height and that band at the top will match extremely well. Why 5 years? Our plan is to move in there 100% this fall for the beginning of the school year. The current building has 8 classrooms. We need 11 this year and so that modular building has 4 classrooms in it so it's got us one extra to meet this year and next year. Assuming we add, our goal is to add a class each year. So that will take care of the next two years. We anticipate over that time we will do enough fund raising to commence an expansion program. We've done some preliminary architecture to verify that the type of expansion, that there's room on the site within the city ordinances to...very limited details of design work with that regard. So that's the last two years we will have a need for an expansion and commence, we anticipate to commence the construction project that takes between 1 and 2 years to complete and that gets us kind of a 3 or 4 year time frame. We asked for 5 years because things don't always go as planned and I'd rather not ask for 3 and have to come back for an extension. If it was important to the Planning Commission, I would certainly agree to a condition that says upon completion of the expansion, that we're required to come back upon completion of that expansion, that we take that temporary building out or that the temporary permit expires and that I'm not going to ask to keep it there you know the full 5 years if we don't need it. We don't, our students don't really like that building. It works but it's disconnected from the rest of the classrooms. We want to get it out of there as soon as practical. But we're uncomfortable asking for a shorter time frame knowing that there's a greater chance that we'd be back before you saying please, can we keep it there just one more year because in 5 years we don't think that that will come up. Now could I guarantee that? No. But it's certainly not our plan and we have had significant growth the past few years and we think that our enrollment projections are very reasonable. They're more controlled by us not wanting to grow too fast. The demand seems to be there for the type of education that we're providing and the location is we think extremely appropriate and we're really excited to be a part of the Chanhassen community and bring a school back to that location. Beyond that I guess if you have any questions, I'd sure like to try to answer them. 3 Planning Commission Meeting - June 3, 1998 Joyce: Thank you very much. Any questions for the applicant? Brooks: Yeah, you're expecting 250? Dan Blake: 260. Brooks: No bus service? Dan Blake: There currently is not a bus service. In the past we have had it and then haven't had it. Currently there is not. It's a fairly organized carpool program. Brooks: So how much traffic are you expecting in the morning and the evening? Dan Blake: Boy, I suppose you could assume that they average 4 kids per trip. Per carpool. I don't know if that's a fair average and that's 70 some,you know 60-70 trips. Brooks: Does that facility and the traffic pattern there set up to handle that kind of traffic flow in and out? Dan Blake: I don't think that's significantly different, not to interrupt your question but I don't think that's significantly different than the way St. Hubert's used it. Brooks: Well maybe I wasn't familiar with that. Hempel: I tend to agree with the applicant. I don't think that's much more significant than previously... Brooks: Okay. What's the contingency plan if you don't raise the funds to build the temporary structure? Dan Blake: You mean a permanent structure? Brooks: Yeah. Sorry, yes the addition. Sorry about that. Dan Blake: We go back, we would not, we'd either move and that's the same cost issue, or we would not allow, we'd have to cut enrollment back to fit in the building that we have. We could probably do some remodeling inside. We don't need the sanctuary part where...church. We'll use that for an auditorium. There's some remodeling we could probably do to get up to about 12 classrooms inside instead of 8. But we don't want to tear that apart. We'd like to keep that auditorium generally like it is and expand beyond that. Blackowiak: Several years ago the St. Hubert's and Chan Elementary students, sixth graders used the space in the Colonial Center. Have you investigated that option at all? 4 Planning Commission Meeting- June 3, 1998 Dan Blake: Yes we have. At the time we investigated it, it seemed a very expensive. It was kind of an all or nothing deal as I understood it for the space that was available. And that was quite some time ago. I could not tell you if that space is currently available or not right now. I heard some talk that it had been leased up. But more importantly last year we were on two campuses. We were in Eden Prairie and had our 7th and 8th grade in Chanhassen. We found that that to be quite a hardship for our staff and for our students to be split up like that and even if it's just across the street, it's still split up. We really want to be in one building. We think that the small nature of the school, we lose the benefits that we have if we start splitting people. It tends to get smaller. Blackowiak: But...is splitting people up? Dan Blake: Well but they're physically connected. They would lunch together. Gym together. They wouldn't have to go across the street, across the parking lot. Blackowiak: Right. I believe that's what they did before too. They had gym class, I mean basically it was the relocatable but just across the street. I mean effectively. Dan Blake: Well I suppose it could be done. We looked into it because we had to decide, it's pretty expensive to move that building over and it seems like that was a better cost effective scenario than renting space. And to tell you,we had originally looked at putting the modular building on the west side of, east side excuse me. Behind those two houses and we heard a lot from the residents earlier on when the city was going through some of their, the planning seemed better in this general area. That everybody wanted those houses there and so we decided well is there a better place to put it and this little back corner seemed like it was as out of view and minimal impact to the site as possible. Blackowiak: Thank you. Conrad: Connections with the building is how? Dan Blake: There will be a covered pedestrian way. Other than that there's not really a physical connection. Conrad: No need for sanitary hook-up? Dan Blake: No. We have to have a pedestrian way to provide that within the building is the way to go. The existing building lays out, there are restrooms right inside the door...where the old church offices were. Joyce: That was my question too. I assume that follows our code? Dan Blake: Yeah, we have met with the building inspector and talked a little, a couple times, met with him on site to decide exactly what needs to be. It's a juggling act. Whether this is one, whether it's an expansion onto an existing building or it's a separate building that connects into, 5 Planning Commission Meeting - June 3, 1998 we kind of laid out what we need to do to meet the code to get some fire protection and things we have to do as well as the... Burton: I'm not that familiar with your...parking lot is basically taking away the one back there... Dan Blake: We have about 5 times the need for our parking out there now. So there is...as we look at future expansion we'll have to look seriously at ultimate parking needs and what land we use but currently K through 8 we have 15 to 20 staff people. We have the drop off and parents in and out. The only time we have a significant amount of parking would be an all school program you know two nights a week, or two nights a year or something. Maybe a basketball game, but that parking is more than double what we currently have and... Sidney: One quick question. I couldn't tell from the photos if there were any roof assemblies on this structure. I guess there was concern about that because that might be able to be viewed by the residents to the north. Dan Blake: There are no, there's no equipment on the roof. That equipment is actually is mounted on the outside of the building and it will face, unfortunately yes. The more visible side but it's quite set back from Great Plains. But that's the side it faces. You can see that in the photo. But there's nothing, a slightly sloped roof on top enough for drainage. Joyce: Okay. Thank you very much. Can I have a motion to open this up for a public hearing please. Burton moved, Sidney seconded to open the public hearing. The public hearing was opened. Joyce: The matter is open for public hearing. Would anyone like to address the planning commission regarding this item, please step forward. State your name... Seeing none, I'd like to close the public hearing. Brooks moved, Conrad seconded to close the public hearing. The public hearing was closed. Joyce: LuAnn. Sidney: Okay, a few comments. I guess to me it seems like a reasonable interim solution to the classroom needs. I agree with the staff report. I would like to see us complete site plan application in one year. I believe that's a very important point. And I'd also like to discuss the, because of the closeness to the neighbors that no other use other than classroom would be... I think it's a good location. It's well screened. It's stated in the staff report and I think it's a good solution overall. I would like to comment about the proposed building alternatives. I like the idea of the Alternative 2...78`h Street and I think that fits in to the area where we'd like to jazz up the frontage on 78`h. So I'll put my vote in for that. 6 Planning Commission Meeting- June 3, 1998 Joyce: Thank you. Matt. Burton: I think it's a proper use of the interim use permit. I think that it's a good location. And I think my concern was that perhaps the neighbors would not be happy with it and...so I'm just assuming that that is not a problem. Based on... Joyce: Thank you. Ladd. Conrad: I think it's great that Chapel Hill's is in town. I think that's terrific. Interim use permits bother me a little bit because I keep thinking, okay. So when we did this one for that, what's the rationale and I can justify it but it's one of those ones that it still makes me nervous a little bit but that's on an aside I think. Just to communicate,I don't know that we need to do it in our motion but I don't think I'll be here in 5 years. I'd really want to make, I want to make this an interim use. Period. Because I'm not comfortable with it. If we don't let other people do it, so you've just got to make this happen in 5 and if I am here, I just don't think I'd extend it. So I think you've got, you know and again our ordinance allows you to let you ask for that extension. It does so you can't but boy I'd sure, I'd really be,unless there was a great case made, that would be permanent. You know extending it beyond 5 years is a permanent structure and this is not so other than that, no other questions. Blackowiak: Yeah, when you're talking about permanent versus temporary, I read temporary and then I read 5 years and I kind of went,hum. It didn't quite mesh in my mind. I mean I think temporary is maybe under a year or something but 5 years seems like an awful long time. One of my only notes to myself on this was, can we put some sort of drop dead date on this? In other words, if it expires at the end of 5 years, can we say that under no condition can they reapply or something. I guess we can't do that according to Ladd. Which is a worry of mine too because 5 years is not temporary and if they ask for another years in 5 years, and they're just kind of totally avoiding the intent of the ordinance. And as long as we all understand that temporary means temporary and don't come back in 5 years because I don't think you'll find a sympathetic ear. That's okay. I would like to say that there is, as far as I know,there is space over in that Colonial Center and I think that would be a nice option too...relocatable and move over there because you do have a distinct building but a relocationable is a distinct building. I mean regardless if you have a colored walkway, they're still distinct. There are no pedestrian facilities,running water that type of thing. You've got to make the change anyway, so whether you cross the street or cross a parking lot is, I don't see much difference. So I would actually kind of push for that option but I guess you already own it so there are certain costs associated with that so I totally understand. Again,please no more than 5 years. Joyce: Thank you. Allyson. Brooks: I have the same reaction as Ladd and Alison. When I say temporary and then I saw 5 years. I would feel more comfortable if I knew we were granting the permit and they had funding in place and this could all be, the addition could happen within 1 or 2 years. I'm sort of uncomfortable the way it stands now. However, it is nice to see the school come alive. To have 7 Planning Commission Meeting- June 3, 1998 the children in town and to have something going on so maybe it's the best solution under the circumstances. But again I feel like Ladd and Alison. To me 5 years is absolutely maximum and for me it's actually too much but you know I hope you get your funds as soon as possible so you can build your addition as soon as possible. And that's about it. Joyce: Good. Not much more to add. Happy that you're in town and using the facility. I've always, I've had my kids go to school over there and it's kind of an eyesore so hopefully you will get your funds...incorporate everything into the site. I think Mr. Blake had a good point and maybe we can add onto the third item of our motion here that the interim use permit will expire in 5 years or until expansion of the school is completed. I mean if the school is expanded, we'd like to see that out of there. So if it only takes 3 years for that expansion,we expect that the temporary modular classroom is gone. Otherwise, you know that actually fits in there so...use and use it for something like that, I think it makes sense. That's my comments. I guess we could go to making a motion here... Blackowiak: Well I'll recommend the planning commission approve interim use permit 98-1 with a variance to locate the structure 8.5 feet from the northern property line with the following conditions, 1 through 8 and on condition 3. Adding the phrase, or until expansion of the school is completed. Burton: I'd second that. Blackowiak moved, Burton seconded that the Planning Commission recommend approval of Interim Use Permit#98-1 with a variance to locate the structure 8.5 feet from the northern property line, with the following conditions: 1. The applicant shall submit a complete site plan application no later than one year after issuance of a Certificate of Occupancy. 2. The wood siding on the temporary building shall be painted the same color"brown"as the existing building. 3. The Interim Use Permit shall expire in 5 years from the date approved by the City Council, or until the expansion of the school is completed. 4. The temporary structure shall be used as classroom space only. 5. The City shall not be held liable for any damage to the proposed temporary building as a result of performing repairs to the existing sanitary sewer line. 6. Provision to maintain the existing neighborhood drainage shall be incorporated into the plan for staff review and approval. 7. Building Official conditions: 8 Planning Commission Meeting-June 3, 1998 a) The portable classroom and the existing church/school must be altered to comply with building code provisions for wall and opening protection at property lines with the exception of the north wall of the portable classroom. b) Existing exiting for the church/school must be maintained. c) New accessible parking stalls must be provided in compliance with the current building code. d) New construction must meet all current building code requirements. e) Plans must be submitted to the Inspections Division for review and building permit approval prior to the building being moved to the site. 8. Meet with Fire Prevention Division for Fire Code requirements. All voted in favor and the motion carried. Joyce: Then we need a motion on the zoning ordinance amendment. Conrad: I'd make the motion planning commission recommends approval of a zoning ordinance amendment to the office and institutional district by adding Section 20-796 to read as follows, as in the staff report. Number 1. Temporary classroom structures for use by public or private schools needed for temporary use. Joyce: Thank you. And a second please. Brooks: Second. Conrad moved,Brooks seconded that the Planning Commission recommends approval of Zoning Ordinance Amendment to the Office Institutional District by adding Section 20-796 to read as follows: Section 20-796 Interim Uses: 1. Temporary Classroom structures for use by public or private schools needs for temporary use. All voted in favor and the motion carried. PUBLIC HEARING: DESIGN 1 OF EDINA,LTD. REQUEST FOR SITE PLAN APPROVAL FOR A 55,911 SQ. FT. OFFICE/WAREHOUSE BUILDING ON LOT 1, BLOCK 2,ARBORETUM BUSINESS PARK 2ND ADDITION ON PROEPRTY ZONED PUD AND LOCATED 9