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CAS-14_WESTWOOD CHURCH REZONING FROM RR TO OI0 • The contents of this file have been scanned. Do not add anything to it unless it has been scanned. Finance Phone: 952.2271140 Should you have any questions, please contact me at (952) 227-1139 or by email at Fax: 952.227.1110 kaanensonAci.chanhassen.mn.us. Park & Recreation Simcerel , Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard thryn R. Aanenson, AlCP PFax:952.227.14040 Community Development Director Fax: 952.227.1404 Planning & g:lplan\2014 planning cases\2014-14 westwood chmch rezoning -3010 west 78th streefappmval letler.docx Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED July 17, 2014 CITY OF CHOMSEN 7700 Market Boulevard Mr. Scott Sturm Po Box 147 Westwood Community Church Chanhassen, MN 55317 3121 Westwood Drive Chanhassen, MN 55317 Administration Phone: 952.227.1100 Re: Withdrawal of 3010 West 7819 Street Rezoning Request Fax: 952.227.1110 Planning Case 2014-14 Building Inspections Phone: 952.227.1180 Dear Mr. Sturm: fax: 952.227.1190 This letter is to confirm that on July 14, 2014, the Chanhassen City Council approved Engineering Phone: 952.227.1160 the request to withdraw an application to rezone and re -guide your property located at Fax: 952.227.1170 3010 West 78ffi Street (Hope House). Subsequently, we are closing the file. Finance Phone: 952.2271140 Should you have any questions, please contact me at (952) 227-1139 or by email at Fax: 952.227.1110 kaanensonAci.chanhassen.mn.us. Park & Recreation Simcerel , Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard thryn R. Aanenson, AlCP PFax:952.227.14040 Community Development Director Fax: 952.227.1404 Planning & g:lplan\2014 planning cases\2014-14 westwood chmch rezoning -3010 west 78th streefappmval letler.docx Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED CHANHASSEN CITY COUNCEL REGULAR MEETING JULY 14, 2014 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag which was led by Boy Scout Geoff Olson from Troop 330. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Laufenburger, Councilwoman Ernst, Councilwoman Tjornhom, and Councihnan McDonald STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Jerry Ruegemer, and Roger Knutson PUBLIC PRESENT: Chris Larus 7018 Dakota Circle Heidi Garcia 7018 Dakota Circle Larry Koch 471 Bighorn Drive Chris & Geoff Olson 402 Cimarron Circle Sharon McCotter 7000 Utica Lane Nate Herman, Sathre-Berquist 150 Broadway Avenue So, Wayzata Mayor Furlong: Thank you Geoff. Welcome. Welcome to everybody here this evening in the council chambers as well as those watching at home. We're glad that you joined us this evening. At this time I would ask if there are any changes or modifications from members of the council. I understand Mr. Gerhardt that item H(1) is requested to be removed this evening. Is that correct? Todd Gerhardt: Yes, Mayor, council members. You should have a letter in front of you from Darlene Drachote requesting an additional period of time for their application. Mayor Furlong: Okay, thank you. Item H(1) will be removed and brought back at a subsequent council meeting then. At that point are there any changes or other modifications from members of the council with regards to tonight's agenda? If not we'll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Ernst moved, Councilman Laufenburger seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: 1. Approval of City Council Minutes dated June 23, 2014 2. Receive Planning Commission Minutes dated June 17, 2014 3. Westwood Church: Withdraw Request for Rezoning and Land Use Amendment 4. Resolution #2014-46: Approval of Resolution Appointing Election Judges and Establishing their Rates of Pay 5. Approve Repeal of Chapter 5, Article II, Division 5 of Chanhassen City Code, Dangerous and Potentially Dangerous Dogs SCANNED Chanhassen City Council — July14, 2014 • 6. Resolution #2014-47: TH 101 MN River Flood Mitigation and CSAH 61 Trail Improvement Project No. 13-04: Approve Resolution and Agreement for DNR Trail Grant Funding Approve Extension of Agreement to Allow an Auto Repair Garage on Property Zoned Planned Unit Development (PUD), 7900 Kerber Boulevard, Douglas Hansen All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Larry Koch: Good evening. Mayor Furlong: Good evening. Lamy Koch: My name's Larry Koch. I live at 471 Bighorn Drive here in Chanhassen and I'm here to bring an update regarding the proposed rules that the Riley -Purgatory -Bluff Creek Watershed District is proposing to pass and I sent a prior email describing what happened on July 2nd which was the last meeting but just for the record. Over 125 citizens, both of Chanhassen and Eden Prairie showed up at that meeting and I don't have the exact count but I believe it was over 20 people presented objections to the proposed rules particularly as they apply to single family residents and particularly buffer requirements and stormwater management requirements on existing single family units. On that basis. No vote was taken but it's my understanding that the rules may be the subject of the upcoming July 28' meeting of the Watershed. And that, although we don't have a specific agenda we believe that will be the case and is my understanding at that point is the last opportunity for citizens and cities to on the record voice their objections should they believe that the passage of the rules is not appropriate for whatever reason. Maybe because they lack authority, which some people have indicated that they believe that the Watershed lacks authority to pass the rules because of the ordinances passed by the City of Chanhassen and Eden Prairie with respect to surface water management and shoreline management so they believe that under the statutes the watershed district no longer has that authority. In any event we believe that the rules, those rules as they apply to existing single family dwellings are inappropriate because they would basically appropriate for the benefit of the district and take away the use of up to 20 feet. Not up to, at least 20 feet of the shoreline, from the shoreline up to the home. Without any compensation. So just wanted to bring you up to speed on the current situation and encourage you to support Mr. Jeffrey's letter objecting to and pointing out the problems with the rules and I think it would be appropriate. I don't know your procedure, if you would send a letter in support of Mr. Jeffrey's and have a representative of the City of Chanhassen at that July 28th meeting to basically voice your concerns about the rules. As far as the cities are concerned I think the one of the issues I see is that the procedure, no procedure has really been laid out in any detail as to how these rules as they pertain to single family dwellings would be administered. It's my understanding that one of the problems is, it could be an administrative nightmare for the City considering the fact that the City already has rules in effect that govern these two issues so just to summarize it, encourage the council to, if there is a way to express their and repeat the concerns over the rules. If appropriate having City Council to either confirm or state their position because if these rules, I'm told if these rules are adopted this will be basically the last opportunity to put on the record any legal or other objections to these rules should any party want to appeal the Hiles either to the District Court or the Soil and Water Conservation Board. And if you give me just a minute I want to check my notes here. I believe I've covered it all so thank you very much. Mayor Furlong: Okay. Thank you. Do you have a question? Councilwoman Ernst: Please Mr. Mayor. 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.2271404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us • • F-3 13 DI.:►ll 3 TO: Todd Gerhardt, City Manager FROM: Kate Aanenson, AICP, Community Development Director DATE: July 14, 2014 01* SUB: Westwood Church: Withdraw Request for Rezoning and Land Use Amendment — Planning Case 2014-14 PROPOSED MOTION "The City Council approves the withdrawal of the application of Westwood Church to rezone 1.25 acres of property located at 3010 West 781h Street from Rural Residential (RR) to Office Institutional (OI)." City Council approval requires a majority vote of the entire City Council. Westwood Church has requested to withdraw their application to rezone and re -guide their property located at 3010 West 78'h Street (Hope House). The uses allowed under the current zoning classification will accommodate Westwood's desired use for the property. On May 27, 2014, the City Council tabled action on this item. Attached is an email from Scott Sturm of Westwood Church requesting withdrawal. Staff is recommending formal approval of the withdrawal to close out the file on this application. RECOMMENDATION Staff recommends that City Council approve withdrawal of the application of Westwood Church to rezone 1.25 acres of property located at 3010 West 78's Street from Rural Residential (RR) to Office Institutional (OI). ATTACHMENT Email from Scott Sturm dated June 17, 2014. g:�plan\2014 planning cases\2014-14 wmtwood church rezoning -3010 west 78th streer\cc stiff report 07-14.2014.docx Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Aanenson, Kate From: scott sturm <sturm scott@yahoo.com> Sent: Tuesday, June 17, 2014 3:31 PM To: Aanenson, Kate Subject: Westwood Property Zoning Follow Up Flag: Follow up Flag Status: Flagged Kate Please withdraw our request to change the zoning and guidance classifications for the Hope House portion of the Westwood Church Campus. We will maintiain current classifications to support planned ministry initiatives. In a related topic, we will be updating the plat for the overall campus to correct the plat from the Arbor Cove sale process. That corrected plat will be sent in the coming weeks, and can take the usual process for approvals. Thank you again for all of your help and patience with this process. Regards, Scott Sturm • • Chanhassen City Council — May 27, 2014 Plannin¢ Conditions 1. Approval of the subdivision is contingent upon the applicant dedicating a conservation easement and restriction over the vacant parcel located in the City of Shorewood to remain as open space. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everybody. Appreciate your good work and welcome. Let's move on. 3010 WEST 78TH STREET REZONING, NORTHWEST CORNER OF WEST 78TH STREET AND HIGHWAY 41, WESTWOOD COMMUNrrY CHURCH: REOUEST FOR REZONING FROM RURAL RESIDENTIAL (RR) TO OFFICE/INSTr1'UTIONAL (OI) OF 1.25 ACRES. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Mr. Mayor, I think it's appropriate that I recuse myself for this particular item. Mayor Furlong: Thank you. Let's start with a staff report then on this rezoning request of the property located at 3010 West 78th Street. Kate Aanenson: Thank you Mayor, members of the City Council. This item did appear before the Planning Commission at their May 6'h meeting and they did recommend approval of the rezoning and land use amendment. So again there's two actions for you. This property is located off of Highway 41 and West 781 Street. The comer of the property. The church bought this property and another property and combined them and I'll go through that in a minute but the land use for this area is actually guided for public/semi-public. The one house that we're speaking of is actually low density residential and the zoning for this is office institutional. The church actually when they bought the properties, they have one PID which is kind of anomaly but since they're owned and we were going through the comp plan amendment which we just found out last week for the Cove was approved. This missed that application but we are going to go forward with a land use amendment on that since it's owned by the church and it makes sense as we're cleaning up the areas and replotting in the area. So I just wanted to go through the history of the property so this illustration shows when the church bought the property there was two homes on West 78'h and when we did the sewer project back through there and then the Arbors came through, the church bought both those homes and removed one to get that through. We actually put a public street through there to give them additional access to their parking lot so they, in their due diligence to expedite that construction bought that house and then so now they own this whole property which is called the Hope House. Again it's under the same PID so really what the intent here is to, to kind of clean up the situation as it exists out there today and reflect what's really happening and that's owned by the church. Again this does require a land use amendment. Normally you don't re -guide something that's inconsistent but it's our intention as is stated in the Comprehensive Plan, if you're showing that it's your intention to go through with that, then that would be fine and it is our intention to clean that up. The plat that's coming through on the Cove will also clean up some of the right -0f --way here because they just put it through the church property where. Mayor Furlong: I'm sorry, could you, we're still looking at the. Kate Aanenson: I'm sorry. 14 aCANNM 0 Chanhassen City Council — May 27, 2014 Mayor Furlong: When you say here it's, yeah. Kate Aanenson: Here you can see me go like this. Mayor Furlong: Yeah, and then over here there's, yeah. Kate Aanenson: I get in my zone. Over here. Mayor Furlong: Okay. Kate Aanenson: So this is, I'm sorry. Here's the two properties right here. Does that help you? Mayor Furlong: Thank you. Yeah, that's helpful. Kate Aanenson: Yeah, I'm sorry about that. Mayor Furlong: We were still following it. It's just. Kate Aanenson: Thank you. It's always better with a picture. So these two homes were the ones that were bought by the church. This one was removed but it was just a description of property. It wasn't a clean title on that so with that home being removed and this going forward now with the plat and the Cove, we're cleaning up all of this. There'll be separate. The Cove will plat up to a certain point and then the church will come back and clean up this plat and get that resolved so it will all, really it's the opportunity to clean up all this area. So. Mayor Furlong: So by clean up are they going to, right now. Kate Aanenson: To plat it. Mayor Furlong: It's a separate parcel. Kate Aanenson: Yeah it's all metes and bounds. Mayor Furlong: To plat it. Kate Aanenson: Yeah, it's all metes and bounds. Mayor Furlong: Okay. Fair enough. Kate Aanenson: And so the descriptions overlap so we'll get that cleaned up with this plat and then the church will come back through and plat their property on this house so it's got the same PID which is unusual that the County would do that because of the descriptions but. Mayor Furlong: Okay. Kate Aanenson: So that's the intent is really to clean up what we have down there. Let me see if there's anything else. Zoning, you didn't need to look at that. Here's the location map in case you wanted to see that. So really it's pretty straight forward. So the staff is recommending that we rezoning the 1.25 acres located at the comer from Rural Residential to Office/Institutional and we adopt the attached Findings of Fact so. 15 Chanhassen City Council — May 27, 2014 Mayor Furlong: Okay, thank you. Questions for staff. Ms. Aanenson. The land use for the main church property and what is being proposed for this one to change to is public/semi-public. From a land use Comprehensive Plan standpoint but the zoning is the Office/Institutional, Why the difference? Kate Aanenson: Well. Mayor Furlong: And I'm maybe. Kate Aanenson: The church is using it as part of their institutional. Mayor Furlong: No I guess I'm trying to understand if the Comprehensive Plan is guiding the use as Public/Semi-Public, why aren't we zoning it Public/Semi-Public instead of Office Institutional? Kate Aanenson: That's a good question. Mayor Furlong: And I think that's, that's how they're currently, the main site is also guided. Kate Aanenson: Correct. Mayor Furlong: As Public/Semi-Public but it's zoned Office/Institutional and I don't have any problem with matching up the zoning but I guess I'm just curious from a. Kate Aanenson: It should be consistent with what the church has which is the. Mayor Furlong: Office/Institutional. Kate Aanenson: Right. Mayor Furlong: Do we need to amend the Comprehensive Plan then? Kate Aanenson: Yes we do and that's why I stated. Mayor Furlong: Should the. Kate Aanenson: The comprehensive, yeah. Go ahead. Mayor Furlong: But should the Comprehensive Plan be from low density to Office/Institutional as opposed to Public/Semi-Public? Kate Aanenson: No. Mayor Furlong: What's the difference in the? Kate Aanenson: All the churches and schools we have in the city, including the regional park, Camp Tanadoona, Landscape Arboretum are all guided for Public/Semi-Public. Mayor Furlong: Okay. Kate Aanenson: So is Eckankar. Those are what they're all guided. Mayor Furlong: Okay. 16 0 0 Chanhassen City Council — May 27, 2014 Kate Aanenson: What I stated is that because this is inconsistent with that, with what our comp plan says is it's your intention. The City Council. So you're stating your intention to make this consistent with this action and we'll be coming back with a Land Use Amendment for consistency. Mayor Furlong: Okay and I guess I'm, I'm just, typically if we have something guided for low density residential and we change the zoning to match the guiding is there, I guess my question would be, why do we use Public/Semi-Public as a guiding but use an Office/institutional as the land. As the zoning. Kate Aanenson: Because that's how our Zoning Ordinance is within that zoning district. That's all. Mayor Furlong: And is that consistent across the rest of the city too? Kate Aanenson: Yes. Yes. Mayor Furlong: So do we have any land that's zoned Public/Semi-Public? I don't know Mr. Knutson. It's just, it's an inconsistency that 1 generally don't see in the staff reports. Kate Aanenson: No. No. I can. Mayor Furlong: And again I'm fine going forward with what's being asked. Kate Aanenson: No that's how we have, all the schools are, would be Office/Institutional. Mayor Furlong: So Chanhassen High School is Public/Semi-Public with an Office/Institutional zoning or use? Kate Aanenson: Yes. I'm going to just verify this. Todd Gerhardt: Mayor, Council members, the property is currently guided Residential low density and that's not what the property's being used for. It's not the long range plans for the use of that facility and so what we're doing is two things. We're going to rezone and then re -guide. Mayor Furlong: And I guess my only question is, and maybe it's a technical question with no difference but typically if something is guided for a particular land use, that's what the zoning gets changed to. Todd Gerhardt: Right. Mayor Furlong: Here's we're changing, we're guiding it to a Public/Semi-Public use. Todd Gerhardt: Right. Mayor Furlong: But we're being asked to zone it to an Office/Institutional. Kate Aanenson: Can I give you another example of that? Mayor Furlong: Why don't we just do it to the Public/Semi-Public? Kate Aanenson: Because in our Zoning Ordinance we have high density zoning but we don't say what that's going to be. So within that high density we say this could be up to 16 units an acre but when it 17 Chanhassen City Council — May 27, 2014 comes in for a specific application, it may be a PUD zoning. It may be you know some other type of, so there's different iterations within that. Mayor Furlong: Let me ask this question then. What type of uses are allowed in a Public/Semi-Public? Kate Aanenson: I'll go to the City Attorney. Yeah so churches, fire stations, public health, hospitals, nursing home, post office, public open space, schools. All the schools in the city. Churches are all Office/Institutional. Mayor Furlong: Office/Institutional? Would they also be Public/Semi-Public? Kate Aanenson: Correct, for the land use. Right. Mayor Furlong: Okay. And maybe I'm, maybe I'm the only one confused but okay. Let me ask this question. If the property, you just read off the Office/Institutional? Kate Aanenson: Correct. Mayor Furlong: Group. Is Public/Semi-Public a different list or are they the same? Kate Aanenson: Public/Semi-Public is a land use designation that doesn't have the same specific uses in it per se. If we were to look at the Comprehensive Plan I could, if you give me one second I'd look at that too. Mayor Furlong: Okay. Let me ask you this question. Kate Aanenson: Sure. Mayor Furlong: If the use and, well. Public/Semi-Public provides for, and the Office/Institutional is an acceptable zoning within Public/Semi-Public? Kate Aanenson: That's correct. Mayor Furlong: Is that a fair statement? Kate Aanenson: That's correct. Mayor Furlong: Then we're good. Kate Aanenson: Right. Mayor Furlong: Okay, thank you. Kate Aanenson: So it could be Eckankar. Again recognizing that it's not consistent today with the zone change. Mayor Furlong: Yep. Kate Aanenson: Our Comprehensive Plan says if the City Council states it's our intent so I didn't want to come back with that 1 1/2 acre land use amendment. We have another land use amendment going forward that will come with this that that's your intent. 18 0 Chanhassen City Council — May 27, 2014 0 Mayor Furlong: So we're going to do them at the same time. The amendment. The land use amendments? Kate Aanenson: Yeah with another one that's coming forward. Mayor Furlong: Okay. And that's for efficiency that. Kate Aanenson: Right. Mayor Furlong: And consistency. Kate Aanenson: Right and that's what our comp plan, if you state that that's your intention, that's how I read it. Mayor Furlong: Yep, okay. Thank you. Any other questions? Is a representative from Westwood Church here? Scott Sturm: Yes. Mayor Furlong: Anything you'd like to address the council on sir? Welcome. Scott Sturm: Thank you Mr. Mayor, City Council. Scott Sturm, 1051 Anthony Way, Victoria. Really as the summary report indicated this is an administrative clean up in terms of the legal description. Just with the opportunity, with the Arbor Cove sale that was approved last month we just thought we would bring consistency to the entire plat and this is just part of that. Part of that clean up process. Mayor Furlong: Fair enough. Kate Aanenson: And again that notification went in to the Met Council. It had already been in for a number of days and so we couldn't go back and amend that one so that got approved so we don't anticipate any problems bringing this one forward for the same reason but we're waiting for another application that's coming in to go with it. Mayor Furlong: Got it. Okay, good. Thank you. Any questions? Councilman McDonald: I've got one. Mayor Furlong: Mr. McDonald. Councilman McDonald: The current house that's on there, what do you all use that for? Scott Stuns: Has varied use. Right now we have some missions who have been sent by Westwood. They're living there right now and we've had mission families come in and out of there, pardon me, based on their schedules and it's available for church members or members of the community who are in distress. Through home fires, what have you. Any sort of other personal situations so it's available housing for really the membership or the community at large. Councilman McDonald: Okay, thank you. 19 0 Chanhassen City Council — May 27, 2014 Mayor Furlong: Good, thank you. Any other information or any comments by members of the council? Mr. Gerhardt? Todd Gerhardt: To follow State Statute the first state should be a re -guiding and then the rezoning. So I think our comp plan says something different but State Statute kind of trumps our comp plan so tonight staff is asking council not to take action on this item and do the re -guiding first and then the rezoning. So that there's a. Mayor Furlong: Do we need to take any action on the re -guiding tonight and hold off on the rezoning? Todd Gerhardt: No. Mayor Furlong: Or is there no action required for the re -guiding? Roger Knutson: The re -guiding will be coming back to you. Todd Gerhardt: Yeah. Roger Knutson: It will be coming to you. Mayor Furlong: At which Ms. Aanenson just said. Roger Knutson: Yes. So for tonight you could just table action on this until that comes back. Mayor Furlong: And then when that comes back. Roger Knutson: Deal with them both at the same time. Mayor Furlong: Okay. Okay. Todd Gerhardt: Yeah we have to send notice. Get approval from Met Council before it comes back to you so. Mayor Furlong: Okay. Prior to tabling it then, action tonight, any thoughts or concerns or any information, additional information that anyone from the council would like to receive so when it does come back we can deal with it as efficiently as possible? Will be comfortable with going forward once we go through the steps in the right order? Yes? I'm seeing heads going up and down so. Councilwoman Tjornhom: Yes. Mayor Furlong: So for anybody reading the Minutes of this meeting they will know that there heads nodding and not going back and forth. Councilwoman Tjornhom: Yes. Councilwoman Ernst: Yes. Mayor Furlong: Thank you. Alright. With that then I guess at this point it would be appropriate to move to table this item to bring it back to a future council meeting. Would somebody like to make such a motion? 20 0 Chanhassen City Council — May 27, 2014 Councilwoman Ernst: Mr. Mayor? I make a motion that we table this action at this time. Mayor Furlong: To a future meeting, thank you. And is there a second? Councilman McDonald: I'll second it. Mayor Furlong: Motions to table are no debatable so we'll proceed with the vote. Councilwoman Ernst moved, Councilman McDonald seconded that the City Council table action on the rezoning of 1.25 acres of property located in the northwest corner of Highway 41 and West 78' Street (3010 West 78'" Street). All voted in favor and the motion carried unanimously with a vote of 4to0. DISCUSS FEES FOR GRAVES AT THE CHANHASSEN PIONEER CEMETERY. Todd Gerhardt: Mayor, council members. Back in November of 2013 council directed staff to complete a survey on grave fees paid by local municipalities that have cemeteries and churches. Attached in your report is a comprehensive survey showing that. In summary the municipal cemeteries grave fee, some of them broke them out as resident/non-resident. We had a high of $1,000 for a resident and $1,000 for non- resident. As a low, which was us, the $200 for resident/non-resident and the average of $554 as an average for resident and then $713 dollars average for non-resident. We also did survey some of the local churches with cemeteries. On the high for a member of the church was $1,000. For non-members it was $1,500. On a low, member of the church paid $350 and a non-member paid $500. Again on the average for the churches, $648 for a member. $909 for a non-member. Back in November staff did a, kind of a cost benefit of expanding on the cemetery and the numbers that we used to look at plot prices or grave fees, we used $200 as a resident and $500 for a non-resident and if you wanted to go with one flat fee it was roughly $300 on an average grave site for a fee so. To hit our revenues to make everything cost neutral staff would recommend not going below $300 for a grave site. Mayor Furlong: Okay. Questions for Mr. Gerhardt. Councilwoman Ernst: I have two questions. Mayor Furlong: Okay, start with Councilwoman Ernst. Councilwoman Ernst: So Todd can you, as I'm looking at the analysis that was done, and I'm looking at the total, the total annual revenue. Mayor Furlong: This is the one that was distributed with our November packet correct? Councilwoman Ernst: Yeah. Well it was the one that was sent today. Todd Gerhardt: Yeah. Mayor Furlong: Thank you. And it was in the November packet but that's fine. Go ahead. Councilwoman Ernst: So the total net revenue per year is $1,295.52 and that's based on a $200 residential and a $500 non-residential, right? Todd Gerhardt: Correct. 21 CITY OF CAANAAS3EN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.2271100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.2271110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 9 10 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson AICP, Community Development Director DATE: May 27, 2014 SUBJ: Westwood Church - Rezoning Planning Case #2014-14 PROPOSED MOTION "The Chanhassen Planning Commission recommends that the City Council approve the rezoning of 1.25 acres of property located in the northwest corner of Highway 41 and West 78`s Street (3010 West 78th Street) from Rural Residential (RR) to Office Institutional (OI), and adopt the attached Findings of Fact." City Council approval requires a majority vote of the entire City Council. EXECUTIVE SUMMARY Westwood Church is proposing the rezoning of a home that is owned by the church and located at 3010 West 78h Street (Hope House). PLANNING COMMISSION SUMMARY The Planning Commission held a Public Hearing on May 6, 2014 to review the proposed request. The Commission voted five to zero on a motion recommending approval of the rezoning. There were no issues or concerns with the request. The May 6, 2014 Planning Commission minutes are a consent agenda item in the May 27, 2014 City Council packet. RECOMMENDATION Staff recommends approving the rezoning. ATTACHMENTS 1. Rezoning Ordinance. 2. Planning Commission Staff Report Dated May 6, 2014. g:\plan\2014 planning cases\2014-MWestwood Church\eaecutive summary.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow W'"810 0 n U CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CC931111./.12Ee42 Cea AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City s zoning ordinance, is hereby amended by rezoning from Rural Residential (RR), to Office and Institutional District (OI), for property legally described as follows: Commencing at the southeast corner of the Northwest Quarter of the Southwest Quarter (NW '/+ of SW '/<) of Section 9, Township 116 North, Range 23 West; thence 225 feet West to a point; thence 90 degrees North for a distance of 300 feet to a point; thence 90 degrees East for a distance of 225 feet to a point; thence 90 degrees South for a distance of 300 feet to the point of beginning. Section 2. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 27`b day of May, 2014, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on PROPOSED MOTION: (� "The Chanhassen Planning Commission recommends that the City Council approve the rezoning of 1.25 acres of property located in the northwest corner of Highway 41 and West 78'h Street (3010 West 78'h Street) from Rural Residential (RR) to Office Institutional (OI), and adopt the attached Findings of Fact and Recommendation." SUMMARY OF REQUEST: Westwood Church is proposing the rezoning of a home that is owned by the church and located at 3010 West 78th Street (Hope House). LOCATION: West of Highway 41, South of Camp Tanadoona and North of West 78u' Street. APPLICANT: Westwood Church 3121 Westwood Drive Excelsior, MN 55331 PRESENT ZONING: Rural Residential (RR) 2030 LAND USE PLAN: Residential Low Density DENSITY: (1.2 — 4 units per acre) LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings because the City is acting in its legislative or policy-making capacity. A rezoning must be consistent with the City's Comprehensive Plan unless the Council expresses its intent to amend the comprehensive plan. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY Staff is working with Westwood Community Church to resolving a zoning issue on their property. It was discovered that while the subject home is owned by the church and is under one property identification number, it has a different zoning. Staff is proposing to rezone the subject property and correct the zoning map to reflect the current zoning and use of the property. Westwood Church • Planning Case 2014-14 May 6, 2014 Page 2 of 4 LOCATION MAP ,.; Minnesota _ Landscape a E Arboretum Hww, , 5Arboretum Boulevard Boulevard 2030 Land Use 0 n u. t cry I. asd. Apr r1bM ., Art.10Ym ~Ca I 1 YMAa �+ J ,.; Minnesota _ Landscape a E Arboretum Hww, , 5Arboretum Boulevard Boulevard 2030 Land Use 0 "i-04 n u. t cry I. asd. Apr r1bM ., Art.10Ym ~Ca I YMAa �+ J "i-04 n u. t cry I. asd. Apr r1bM ., Art.10Ym ~Ca I YMAa �+ Westwood Church • • Planning Case 2014-14 May 6, 2014 Page 3 of 4 Westwood Community Church is guided for Public/Semi-Public and is zoned Office Institutional. The "Hope House" property is guided Low Density and is zoned Rural Residential. APPLICABLE REGULATIONS Chapter 20, Article II, Division 2, Amendments Chapter 20, Article XXI. "OI" Office and Institutional District BACKGROUND March 23, 2009, the Chanhassen City Council approved the following: • Conditional Use Permit to permit two buildings on one parcel; and • Site Plan Permit for a 51,000 square -foot, two-story multi-purpose building On July 12, 2004, the Chanhassen City Council approved Planning Case 04-20 Site Plan Review for a 166 -space parking lot expansion, extension of temporary drive and extension of West 78d' Street, and a Wetland Alteration Permit to alter and fill wetlands on site. On September 27, 2001, the Chanhassen City Council approved the following: • Land use amendment from Residential — Low Density to Public/Semi-Public. • Rezoning of the property from Rural Residential, RR, to Office and Institutional, OI. • Site Plan #2001-10, plans prepared by Hammel, Green and Abrahamson, Inc., dated July 6, 2001, with a one-story variance from the Office and Institutional district regulations to permit a three story building and a 2.5 -foot variance from the 40 -foot building height Highway Corridor District regulations to permit a 42.5 -foot building • Wetland Alteration Permit to alter and fill 34,900 square feet (0.8 acres) of wetlands. However, only part of the wetland alteration occurred for the extension of the sewer and construction of the storm water pond. Westwood Community Church built their church in 2001 and expanded in 2004. The construction of West 78d' Street occurred in 2004 to provide access for the church expansion. hi anticipation of their expansion, in November 2003 the church acquired the two homes on Highway 41 addressed 7450 and 7460 Hazeltine Boulevard. One home (7460) was removed for the construction of the street with the remaining portion added to 7450 (readdressed to 3010 West 78d' Street). Westwood Church • Planning Case 2014-14 May 6, 2014 Page 4 of 4 Because the county gave all the properties on the site the same parcel identification number, and the fact that the home is a part of the church use, staff is recommending that it be rezoned to Office Institutional. The Land Use Amendment to Public/Semi-Public will be done at the time of the next comprehensive plan update in 2018. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission recommends that the City Council approve the rezoning of 1.25 acres of property located in the northwest corner of Highway 41 and West 78th Street (3010 West 78th Street) from Rural Residential (RR) to Office Institutional (OI), and adopt the attached Findings of Fact and Recommendation." ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Ordinance rezoning properties from RR to OI. 4. Public Hearing Notice and Affidavit of Mailing. g:\plan\2014 planning cases\2014-14 westwood chwch nmoning-3010 west 78th snvd\staff rcport.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION PLANNING CASE #2014-14 IN RE: Application of Westwood Community Church for Rezoning. On May 6, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Westwood Community Church for rezoning of property from Rural Residential (RR) to Office Institutional (OI). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is located at 3010 Westwood Drive is currently zoned Rural Residential (RR). 2. The property is owned by and has the same parcel identification number as Westwood Community Church. 3. The parcel is part of a larger piece of 50 acres owned by Westwood Community Church and is legally described as follows: Commencing at the southeast comer of the Northwest Quarter of the Southwest Quarter (NW '/+ of SW '/4) of Section 9, Township 116 North, Range 23 West; thence 225 feet West to a point; thence 90 degrees North for a distance of 300 feet to a point; thence 90 degrees East for a distance of 225 feet to a point; thence 90 degrees South for a distance of 300 feet to the point of beginning. 4. The property is guided in the Land Use Plan for Residential Low Density (1.2 — 4 units per acre). 5. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan; including, land use guide of Residential Low -Density. b. The proposed zoning is or will be compatible with the present and future land uses of the area. c. The proposed zoning conforms with all performance standards contained in the Zoning Ordinance. d. The proposed zoning will not tend to or actually depreciate the area in which it is proposed, because it will maintain the development patterns in the area. There will not be any physical changes to the property required. e. The proposed zoning can be accommodated with existing public services and will not overburden the city's service capacity, subject to their availability. f. Traffic generation by the proposed zoning is within capabilities of streets serving the property. 6. The proposed zoning will be consistent with the guidelines outlined within the comprehensive plan, because it is the City Council's intention to change the land use designation to Public/Semi-Public. 7. The planning report #2014-14 dated May 6, 2014, prepared by Kate Aanenson is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the following: "The Chanhassen Planning Commission recommends that the City Council approve the rezoning of 1.25 acres of property located in the northwest corner of Highway 41 and West 78th Street (3010 West 78'h Street) from Rural Residential (RR) to Office Institutional (On." ADOPTED by the Chanhassen Planning Commission this 6th day of May, 2014. CHANHASSEN PLANNING ISA Its Chairman COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CHA MSSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW 1 Date Filed: 'i—`j—)'-{ 60 -Day Review Deadline: 3 _-I'7 Planner: /� Case#: ZOIC—I`t Section 1: Application Type (check all that apply) ❑ Comprehensive Plan Amendment ......................... $600 El Minor MUSA line for failing on-site sewers ..... $100 ❑ Conditional Use Permit ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit ❑ In conjunction with Single -Family Residence.. $325 [I All Others......................................................... $425 ❑ Grading 2 1,000 cubic yards ........................... UBC Rezoning ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review ❑ Administrative ..................................................$100 ❑ Commercial/Industrial Districts. ...................... $500 Plus $10 per 1,000 square feet of building area 'Include number of existing employees: and number of new employees: E] Residential Districts ......................................... $500 Plus $5 per dwelling unit ADDITIONAL REQUIRED FEES: ❑ Notification Sign ................................................... $200 (City to install and remove) ❑ Property Owners' List within 500' ........ $3 per address (City to generate — fee determined at pre -application meeting) ❑ Escrow for Recording Documents.. $50 per document (CUP/SPRNACNARNJAP/Metes & Bounds Subdivision) ❑ Subdivision ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat* ........................................................$250 *Requires additional 5450 escrow for attorney costs. Escrow will be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way................... $300 (Additional recording fees may apply) ❑ Variance............................................................... $200 ❑ Wetland Alteration Permit ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) TOTAL FEES:$ rule A ---f VA Received from: Date Received: Check Number: Project Name: 3010 West 78th Street Rezoning Property Address or Location: 3010 West 78th Street (part of Westwood Church property) Parcel #: 25-0083310 Total Acreage: 1.25 Legal Description: . Wetlands Present? Present Zoning: Rural Residential (RR) Present Land Use Designation: Residential Large Lot ❑ Yes 0 No Requested Zoning: Office/Institutional (OI) Requested Land Use Designation: NO change Existing Use of Property: Single-family home Description of Proposal: Rezone property to incorporate with Westwood Community Church campus ❑ Check box if separate narrative is attached 0 10 Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I 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. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct. Name: Westwood Community Church Contact: Scott Sturm Address: 3121 Westwood Drive Phone: (952) 826-9912 City/State/Zip: Chanhassen, MN 55317 Cell: Email: sturm_scott@yahoo.com Fax: Signature: o r J, C hPd jejje>r Date: This application must be completed in full and be typewritten or dearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Who should receive copies of staff reports? Information 'Other Contact Information: El Property Owner Via: ❑� Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other Via: ❑ Email ❑ Mailed Paper Copy Email: I�Z,westwood COMMUNITY CHURCH April 9, 2014 Kate Aanenson Community Development Director City of Chanhassen 7700 Market Boulevard Chanhassen, Minnesota 55317 Dear Kate, 3121 Westwood Drive, Excelsior, MN 55331 952.224.7300, www.westwoodcc.org Vter E3 Cm pF CNANHASSEN Westwood Community Church would like to request that the zoning designation of the Hope House property on our campus be changed from Rural Residential to Office/Institutional to match the rest of the Westwood campus. I understand this may be converted at or near the time of closing with Dogwood Road, LLC for the Arbor Cove development. Please let me know if there's anything other than this request that you need. Thank You, A�� v � Scott Sturm Leadership Board Chairman Westwood Community Church 952-826-9912 sturm—scott@yahoo.com Cc: Kate Peabody—Westwood Church CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning from Rural Residential (RR), to Office and Institutional District (OI), for property legally described as follows: Commencing at the southeast comer of the Northwest Quarter of the Southwest Quarter (NW '/4 of SW '/4) of Section 9, Township 116 North, Range 23 West; thence 225 feet West to a point; thence 90 degrees North for a distance of 300 feet to a point; thence 90 degrees East for a distance of 225 feet to a point; thence 90 degrees South for a distance of 300 feet to the point of beginning. Section 2. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of , 2014, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 0 • CITY OF CHANHASSEN STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on April 24, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Westwood Church Rezoning — Planning Case 2014-14 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me thisoh day of 2014. EG , KIM T. MEUWIN� otary Pn _Minnesota Canmlaeion EtpNpe Jen 37. 2075 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 P.M. This hearing may not start until ' later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Rezoning of 1.25 acres of property from Rural Proposal: Residential RR to Office/institutional OI Applicant: Westwood Community Church Property 3010 West 78th Street Location: (Northwest corner of West 78th Street and Highway 41) A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1, Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-14. If you wish to talk to someone about this project, please contact Kate Aanenson by email at kaanenson(a)ci.chanhassen.mn.us or by phone at Questions & 952-227-1139. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings. Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse. affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 p.m. This hearing may not start until ' later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Rezoning of 1.25 acres of property from Rural Proposal: Residential RR to Office/Institutional OI Applicant: Westwood Community Church Property 3010 West 78th Street Location: (Northwest corner of West 78m Street and Highway 41) A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead t� public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-14. If you wish to talk to someone about this project, please contact Kate Aanenson by email at kaanensonAci.chanhassen.mmus or by phone at Questions & 952-227-1139. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim uses. Welland Alteratio . Rezonings. Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/Industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staffperson named on the notification. ALLEN K JR & JENNIFER R LARSON 21195 RADISSON RD SHOREWOOD, MN 55331-9189 KIP A KAUFMANN 2990 HIGHWOOD DR CHANHASSEN, MN 553174438 BARBARA A PELZEL 2960 HIGHWOOD DR CHANHASSEN, MN 55317-4438 PULTE HOMES OF MINNESOTA CORP PO BOX 3660 PORTLAND, OR 97208-3660 E HIGHLANDS AT BLUFF CREEK 510 CHESTNUT ST CHASKA, MN 55318-3300 REGENTS OF UNIV OF MINNESOTA 319 15TH AVE SE MINNEAPOLIS, MN 55455-0199 RENAE MURPHY WESTWOOD COMMUNITY CHURCH WILLIAM JR & MARY S 2980 HIGHWOOD DR 3121 WESTWOOD DR C 70 HIGHWOOD CHANHASSEN, MN 55317-4438 EXCELSIOR, MN 55331-8044 CHANHASSEN, H ASSEN, DDR CHANHASSEN, MN 55317-4438 0 14-i4 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION PLANNING CASE #2014-14 IN RE: Application of Westwood Community Church for Rezoning. On May 6, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Westwood Community Church for rezoning of property from Rural Residential (RR) to Office Institutional (OI). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is located at 3010 Westwood Drive is currently zoned Rural Residential (RR). 2. The property is owned by and has the same parcel identification number as Westwood Community Church. 3. The parcel is part of a larger piece of 50 acres owned by Westwood Community Church and is legally described as follows: Commencing at the southeast corner of the Northwest Quarter of the Southwest Quarter (NW Y+ of SW '/4) of Section 9, Township 116 North, Range 23 West; thence 225 feet West to a point; thence 90 degrees North for a distance of 300 feet to a point; thence 90 degrees East for a distance of 225 feet to a point; thence 90 degrees South for a distance of 300 feet to the point of beginning. 4. The property is guided in the Land Use Plan for Residential Low Density (1.2 — 4 units per acre). 5. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan; including, land use guide of Residential Low -Density. b. The proposed zoning is or will be compatible with the present and future land uses of the area. SCANNED 0 • c. The proposed zoning conforms with all performance standards contained in the Zoning Ordinance. d. The proposed zoning will not tend to or actually depreciate the area in which it is proposed, because it will maintain the development patterns in the area. There will not be any physical changes to the property required. e. The proposed zoning can be accommodated with existing public services and will not overburden the city's service capacity, subject to their availability. f. Traffic generation by the proposed zoning is within capabilities of streets serving the property. 6. The proposed zoning will be consistent with the guidelines outlined within the comprehensive plan, because it is the City Council's intention to change the land use designation to Public/Semi-Public. 7. The planning report #2014-14 dated May 6, 2014, prepared by Kate Aanenson is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the following: "The Chanhassen Planning Commission recommends that the City Council approve the rezoning of 1.25 acres of property located in the northwest corner of Highway 41 and West 78a' Street (3010 West 78`x' Street) from Rural Residential (RR) to Office Institutional (OI)." ADOPTED by the Chanhassen Planning Commission this 6th day of May, 2014. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 0►�- Chanhassen Planning Commission — May 6, 2014 AND HIGHWAY 411. APPLICANVOWNER: WESTWOOD COMMUNITY CHURCH, PLANNING CASE 2014-14. Aanenson: Thank you Chair Aller and Planning Commissioners. This is a request from Rural Residential to OffievInstitutiional zoning for Westwood Church. The subject site is located on 3010 West 78' Street. It's the area shown in red here and this is the Westwood Church property itself. It's located just north of Highway 5 on Highway 41 and West 78'h Street intersection. It's about 1.25 acres. So the existing land use for the church is officetinstitutional. As you're aware we just recently approved a subdivision, a 4 lot subdivision on the edge of the property here on Dogwood and that, we did do a land use change and kind of the church intended to include this with it. This subject property and it was not included but it is owned by the church. It's all part of the same PID number and I'll go through the history of that in a minute so we are recommending that we rezone it. City ordinance or the Comprehensive Plan does require that it be consistent with the land use. In this circumstance it's not but it does allow, the City is saying it's our intention, and it is because it's owned by the church. It's under the same PID. It can't be separated unless it was to go through a subdivision so the next time we process one through the Met Council then we will move that action forward so on the zoning map there too it is the, excuse me on the land use it's public and on the zoning map it's office institutional. So the history of the property itself, if you can see back here. This is back, the church actually acquired. We wanted, when the subdivision went in the, I'm looking for the name of the subdivision. That went in on West 78'h Street. We needed to have this subdivision come down to service the property on Dogwood so the church actually acquired. There were two homes here actually on West 78' Street when the church went in so the church acquired. The decision was whether or not that would be a private drive going back there for just the purposes of the church or whether it actually become a public street and it was determined that it makes the most sense to actually make that a public street going back and tying back into Dogwood in the terminus there. So that was completed and you can see now this is how it looks today so that property was assembled. A portion of that lot was assembled with this and that's existing home that the church owns. So then this really is, it's being used by the church as part of their, it serves their purposes so it's been readdressed. It was addressed off of West, excuse me. State Highway 41, Hazeltine Boulevard so now that had been changed so it's again part of the church property. So the staff is recommending approval for the land use change. Again it's how it's being used today so it's consistent with that so the motion would then be to support the zoning change for the 1.25 acres and I'd be happy to answer any questions that you have. Aller: I guess my only question would be, is there anything, I can't think of anything but is there any foreseeable knowing that there's always something out there, reason why the rezoning would not take place later on? Aanenson: The land use amendment? Aller: Yeah. Aanenson: No. No. Again for the 1.2 it really, because the church owns it not to be subdividable. I'm not sure that there's actually sewer extended to that at this point so. If it's been connected. It may be sewer going down that street, West 78th. Aller: And our infrastructure supports any traffic that would be coming down there so. Any other questions? Great. SCANNEO 0 0 Chanhassen Planning Commission — May 6, 2014 Aanenson: I'm just going to say it was the Arbors so I talked about the church expansion for their parking lot to the back but it also accommodated the access to the Arbors which is the back and then also now we just did the Arbors Cove behind that so. Aller: Would the applicant like to come forward and make a presentation at all? Scott Sturm: Scott Sturm, 1051 Anthony Lane in Victoria. An interloper from the west. I serve on the Leadership Board. I'm not a church employee. As stated in the summary statement, this is an administrative clean-up. Don't know why this wasn't caught back in '04 in that original purchase. We just saw with the other activity on the campus we saw this as an opportunity to just get everything congruous and just get it all cleaned up. So as stated, another simple one for you. Aller: It's always nice when they're simple. Scott Sturm: Right. Thank you. Aller: Thank you. Okay we'll open the public hearing portion. Anyone wishing to speak either for or against this particular item can do so at this time? Seeing no one come forward, I'm going to close the public hearing portion of the matter and open it up for discussion. Yusuf. Looks pretty straight forward. Aller: As stated. Okay, I'll entertain a motion. Tennyson: I'll move. Aller: Okay. Tennyson: The Chanhassen Planning Commission recommends that the City Council approve the rezoning of 1.25 acres of property located in the northwest corner of Highway 41 and West 78th Street, 3010 West 78b Street from Rural Residential to Office Institutional and adopt the attached Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Yusuf: Second. Aller: I have a motion by Commissioner Tennyson, seconded by Commissioner Yusuf Any discussion? Tennyson moved, Yusuf seconded that the Chanhassen Planning Commission recommends that the City Council approve the rezoning of 1.25 acres of property located in the northwest corner of Highway 41 and West 78'h Street, 3010 West 78th Street from Rural Residential (RR) to Office Institutional (01) and adopt the attached Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Notice of Public Hearing iL�ILt Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for Rezoning of 1.25 acres of property from Rural Residential RR to Office/Institutional OI Applicant: Westwood Community Church Property 3010 West 78th Street Location: (Northwest corner of West 78th Street and Highway 41) A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input fro - the neighborhood about this broject. During the meeting, th( .hair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City s projects web page at: www.ci.chanhassen.mn.us/2014-14. If you wish to talk to someone about this project, please contact Kate Aanenson by Questions & email at kaanensonCa)ci.chanhassen.mn.us or by phone at Comments: 952-227-1139. 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. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses. Wetland Afteretions, Rezonings. Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feel of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse. affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commenciallindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested persoms). • Because the Planning Commission holds the public hearing, the City Council does noL Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the repom please contact the Planning Staff person named on the notification. SCANNED SUBJECT ; PROPERTY Disclaimer This map is neither a 1=gang rerorded map nor a survey and is not intended to be used as one. This map is a compilebon of records, information and data located in various city, county, stale and federal offices and other sources regarding the area shown, and Is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If arrors or discrepancies am found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall rot be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, andhd62y,pnJess.lLq.Clty.,hq any,ar)dAll-claims brought by User, as employees or agent,%, W P341 �i'aits�AlE(��.pi�fa�eccess or use of data provided. - CITY OF CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen.mn. us �PZFS PQST `M 299 vlrrrsv •owes 02 IP $ 000.480 0003195036 APR 242014 MAILED FROM ZIP CODE 55317 NIXIE S53 DE 1009 0004%26/14 RET,UR:: 0 SEiavER INSUFPICIFNT ADDRESS UNABLE 1'0 FURWARD 8C: 55317014747 `0676-07655-24-42 Sju;IIy1ltyrljt;fi;Illlitlfjlulj�jlnjrljljjrtlu ll�lj�ee��4c HIGHLANDS AT BLUFF CREEKI A 510 CHESTNUT ST CHASKA, MN 55318-3300 Crf'Y OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2014-14 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 6, 2014, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for Rezoning from Rural Residential MR) to Office/ Institutional (OI) of 1.25 acres of property located at 3010 West 78th Street (northwest corner of West 78th Street and Highway 41). Applicant: Westwood Community Church. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen. mn.us/2014-14 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Kate Aanenson, AICP, Community Development Director Email: kaamenson@ ci.chanhassen.mn.us Phone: 952-227-1139 (Published in the Chanhassen Villager on Thursday, April 24, 2014: No 4941) 0 0 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.% L% I was published on the date or dates and in the newspaper stated in the attached Notice and lard Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefgh(jklmnopgrstuvwxyz By lti ��a�-r►u�t,-� Laurie A. Hartmann Subscribed and sworn before me on thisday of 2014 l JEANNET"iE BARK aJIYM�M�E YPAIC-MNNESCTA SSICN DnRES 01,1311.8 N u he RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNED Ll 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2014-14 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 6, 2014, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for Rezoning from Rural Residential (RR) to Office/Institutional (OI) of 1.25 acres of property located at 3010 West 78th Street (northwest comer of West 78th Street and Highway 41). Applicant: Westwood Community Church. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2014-14 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Kate Aanenson, AICP, Community Development Director Email: kaanensonna.ci.chanhassen.mn.us Phone: 952-227-1139 (Publish in the Chanhassen Villager on April 24, 2014) SCANWX `-� I 7�11 y Date: April 16, 2014 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department C, Review Response Deadline: April 24, 2014 By: Robert Generous, AICP, Senior Planner Subject: Request for Rezoning from Rural Residential (RR) to Officethtstitutional (OI) of 1.25 acres of property located at 3010 West 78th Street (northwest comer of West 78th Street and Highway 41). Planning Case: 2014-14 PID: 25-0083310 The above-described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 4, 2014. The 60 -day review period ends June 3, 2014. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on May 6, 2014 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than April 24, 2014. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official L Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint[United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 0 0 LOCATION MAP 3010 West 78th Street Planning Case 2014-14 0 Property Card Taxpayer Information Taxpayer Name WESTWOOD COMMUNITY CHURCH Mailing Address 3121 WESTWOOD DR EXCELSIOR, MN 55331-8044 Property Address Address 3121 WESTWOOD DR City EXCELSIOR, MN 55331 Parcel ID Number 250083310 Parcel Information Uses Church GIS Acres 54.67 Tax Acres 61.64 Plat Lot Block Tax Description (DEEDED TO CITY OF CHANHASSEN FOR RD) Building Information Building Style Finished Sq Ft Bedrooms Year Built Other Garage Y Bathrooms Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 WS 062 MINNEHAHA CREEK N N N Assessor Information Estimated Market Value 2013 Values 2014 Values Last Sale (Payable 2014) (Payable 2015) Land $5,977,600.00 $5,977,600.00 Date of Sale 08/21/2007 Building $12,463,800.00 $13,253,000.00 Sale Value $63,000.00 Total $18,441,400.00 $19,230,600.00 Qualified/ U Unqualified Disclaimer. This information is to be used for reference purposes only Carver County does not guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466 03 Subd. 21 (2000), and the user of this service acknowledges that the County shall not be liable for any damagesand expressly waives all claims. and agrees to defend, indemnify, and hold harmless the County from any and all claims brought by User, CARVER its employees or agents, or third parties which arise out of the user's access or use of data provided COUNTY Wednesday, Apfil 16, 2014 Carver County, MN Page 1 of 1 SCANNED Apr. 11. 2014. 3; 05PM Bay: C( -/7-/Y' Cement: No. 1436 P. 1 proal e Retards 9SZ,-351-1930 . •I a SCANNED r, 11. 20149 3:05 LL No dalinquent Lica; oitNflcate of nal estate value received; and ttanafer entered on — r' (Q _,195 A tt1 County IAV Y I2L,lep_ Deputy STATE DEED TAX DUE HEREON:$ 2a-0— Date: March 29 ,19.x. FORVALUA=CONSMERATION, Grace E Lahr 0 OFFICE OF COUNTY RECORO6R STATE OF MINNESOTA COUNT�V CF C�ARRVER Filing Feo_l _ L -- Thla is to comfy that thls do Mont w tllaQ SCgli a on heLtocNy . and ls_a duly recorded ae document no.. 113544 WZ� as Personal Representative of the Estate of n David N. Lemn ,�.. Decedent, single ®, married LO it the time of death, hereby conveys to - Grantee(si, real property in— County, n County, Minnesota described as follows: '., 'Commencing at the southeast comer of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section 9, Township 116 North, Range 23 West; thence 225 feet West to a point; thence 90 degrees North for a distance of ¢1001,09 feet to a point; thence 90 degrees East for Ldistance of 225 feet to a po?ht; thence 90 degrees South for a distance offeet to the point of bag+nnieg. Su4irct +n Assialieb.74_ ._e� 1436E?'P. I t' By acceptance% of this deed, grantee acknowledges that grantor makes no representation, and shall not be responsible for, any boundary lines, encroachments, questions of survey, or quantity of land. ' � lif men o.n h,w.dah, ttnnnu. on Litt ' ,i• • together with all hereditaments and appurtenances belonging to res. — j STATE OF MINNESOTA jjjj _TraceLahr 1 1 ss. COUNTY OF CARVER J The foregoing instrument was acknowledged before me this. _29 day of KArrh_— , 1991 by r. a a' F l Ahr. _, as Personal Representative of the Estate of utieatr .yow Sherman, Decedent. tYJOBYYVRIGIfi (J No lie,taA1LSEY COifidlY ~� �.aYoe�s�Ma.•..... tto SPOUSE OF DECEDENT, CONSENTS TO TRIS DEED. Nome of Spouse It STATE OF mDOR OTA��.r Frv^ ... ---- p,.STC ;.:,•, ,.'• ac Signature of Spouse CO� Y OF Ag Fou h The fotegohrg instrument was acknowledged before we this --. day of _ by ^ , spouse of Decedent. G 0 � J Notary Public ----- ., STi. •i,t•• u+l t•to ... 2 2 THIS INSTRUMENT WAS DRAFTED BY: 1• lelcbem.jiuhCCL._svndin R Wllemcsun FttSLjiataR4a1_.Baak Il1D9.+ F -D. Sox 190 Wacgaia.. NN.._.5538L.� ��. (Pam) Statements for real estate Dees on the real property described herein should be .ent w: I .4 SCANNED APP, 17. 201413:05 1"ONW,W No dolinquant taxes; c6rtinrate of rer estate value roceivedi a1n�d ttandaranteted On County Auditor by i-Mrr Deputy �J O STATE DEED TAX DUE HEREON:S 226-M- �+ Det.; March 29 OI 1% Thla IY�. and r._ 9 duly recorded ae document no.. =544 L W. HMAN SON JR. Oen TQFOR VALUABLE CONSIDERATION, Grace E. Lahr � _ O 1436E—M,F I i as Persons Representative of the Estate of Decedent, singleDavid W. Lemon _ ®, Toa[ried (] at the time of death, hereby conveys to— Grantee(,), real property in— Carver t County, Minnesota, described as to ows: 'eanmencing at'the .southeast corner of the Northwest quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section 9, Township 116 North, Range 23 West; thence 225 feet West to a point; thence 90 degrees North for a distance of 150 feet to a point; thence 90 degrees East for a distance of 225 feet to a pgint;'tAehce 90 degrees South for S distance of 150 feet to the point of I: bed+nning. Subject to an easement -for driveway purposes over the east 25 feet - thereof. 1 By aceeptance of .this dedd, grantee achowledges that grantor makes no representation, and shall not be responsible.for, any:boundary lines, encroachments, questions of survey, or quantity of land. (if mexl ile, N aware• ronJne, on hiYl together with all hereditsmadts and gOrtemaaas belonging ti 50W- STATE 0W- STATE OF MINNESOTA j as.;: COUNTY OF CARVER The foregoing instrument was ocknowledged before me this. 79dayof March , 19 -2L - by Rraco E I zhr _, as Penonel Representative of the Estate of z 9.0w d Sherman, Decedent. .. rUlp Noeshe FYJ4SEY C01fldIY f, golaraaM�ratto -- ^--- Name of Spouse -- SPATE OF MMESOTA Fivn ^nlh COUNTY OF I _ Ag Fou r;; SPOUSE OF DECEDENT, CONSENTS TO THIS DEED, Signature of Spouse The foregoing instrument was acknowledged before we this r`T I.fL '�Ittt .•.ti, by� % 1F. ,:I�',,UN. Decedent, Newey Public -- .,. S;t, i,t' aoc sec . • • 2 ? G. 0 s =' THIS INSTRUMENT WAS DRAFTED BY: Melcbert.-Huhert.._S;ndin R Will�p;_ FtrsL Natianal.Baok ➢IDy�P,9 Pfrx ;50— WacaniJl.. MN.._.55387---_--- (Pam) __. day of ,spouse of Statements for not estate tares on the Tell property described herein should be sent to: 2 _a �1 I ' I By aceeptance of .this dedd, grantee achowledges that grantor makes no representation, and shall not be responsible.for, any:boundary lines, encroachments, questions of survey, or quantity of land. (if mexl ile, N aware• ronJne, on hiYl together with all hereditsmadts and gOrtemaaas belonging ti 50W- STATE 0W- STATE OF MINNESOTA j as.;: COUNTY OF CARVER The foregoing instrument was ocknowledged before me this. 79dayof March , 19 -2L - by Rraco E I zhr _, as Penonel Representative of the Estate of z 9.0w d Sherman, Decedent. .. rUlp Noeshe FYJ4SEY C01fldIY f, golaraaM�ratto -- ^--- Name of Spouse -- SPATE OF MMESOTA Fivn ^nlh COUNTY OF I _ Ag Fou r;; SPOUSE OF DECEDENT, CONSENTS TO THIS DEED, Signature of Spouse The foregoing instrument was acknowledged before we this r`T I.fL '�Ittt .•.ti, by� % 1F. ,:I�',,UN. Decedent, Newey Public -- .,. S;t, i,t' aoc sec . • • 2 ? G. 0 s =' THIS INSTRUMENT WAS DRAFTED BY: Melcbert.-Huhert.._S;ndin R Will�p;_ FtrsL Natianal.Baok ➢IDy�P,9 Pfrx ;50— WacaniJl.. MN.._.55387---_--- (Pam) __. day of ,spouse of Statements for not estate tares on the Tell property described herein should be sent to: 2 _a ITHOMAS KORDONOWY Doc. No. 113349 OBERT BERGAN ? "\ . D. Doe. No. 83330 �h�"kwan I(l e3A 4�e c' p0� PO4 LID Z " �o •�' to TW ♦ J fdl CC ek4er r . . •�_3c QQ 0 OUTLOT F C BK O':tAMF� t '153E RSJN T � tl1 IO f� _J � anm i ham} y QyS O.- HE�AOtI - `�♦ �' r41� . _^:tl ♦►FST verri