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2 Discovery United MethodistCITY O F P.C. DATE: 7/15/03 ~ ~~~~1~ c.c.~m 8/~/o~ REVIEW DEADLINE: 8/12/03 CASE: 99-3 PUD BY: A1-Jaff:v STAFf REPORT _l PROPOSAL: LOCATION: APPLICANT: Planned Unit Development Amendment to allow a Day Care as a Permitted Accessory Use at.the Discovery United Methodist Church Southeast of Lake Drive East and east of Hidden Court 275 Lake Drive East Asim H. Qadri 8795 Knollwood Drive Eden Prairie, MN 55347 (612) 644-1182 Discovery United Methodist Church 275 Lake Drive East Chanhassen, MN 55317 .Itl PRESENT ZONING: PUD, Planned Unit Development 2020 LAND USE PLAN: Public/Semi Public ACREAGE: 3.6 acres SUMMARY OF REQUEST: A Planned Unit Development Amendment to allow existing classrooms in the church (currently used for Sunday school) to be utilized during the week by a Day Care. Staff is recommending approval of the application. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings, PUDs, and. amendments to PUDs because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. Hidden Valley PUD Amendment July 15, 2003 Page 2 PROPOSAL The applicant is requesting an amendment to the Hidden Valley PUD to allow a Day Care as a permitted ancillary use to the existing church on Lot 1, Block 7, Hidden Valley. The zoning and land use designation remain the same. The purpose of this application is to utilize existing classrooms, currently used only for Sunday school, during the week. Several churches in the community provide day care (i.e. Lutheran Church of the Living Christ located at 820 Lake Drive, Mount Calvary Evang Lutheran at 4151 Highway 7, Family of Christ Living Church at 7930 Stone Creek Drive, etc.) There are no proposed improvements to the site with the exception of a fenced area surrounding a playground. The facility is required to obtain a state license. There are 7 classrooms in the building. The day care is proposing to utilize 6 of the 7 rooms. The state requires 35 square feet of classroom area per student. The total area of the six classrooms is 1,294 square feet. The number of students may not exceed 36. Staff will ensure that all state requirements for a day care are met. There is an existing parking lot with 92 spaces. The zoning ordinance requires one space per 6 students. The total number of parking spaces required is 6. There are existing mature trees surrounding the site. Residential homes are located south of the subject site. The play ground area is located over 100 feet from the nearest single family home. View of the Building from Lake Drive East View of the east elevation and location of the future Play Ground Staff is recommending approval of this amendment. BACKGROUND In 1985, the Hidden Valley Planned Unit Development (PUD) was approved with Lot 1, Block 7 (originally Outlot B) designated for a future church. In conjunction with the development, the property was rezoned from R-lA to P-l, the residential PUD district. Hidden Valley PUD Amendment July 15, 2003 Page 3 In order for the church to be located within the Hidden Valley development, the zoning ordinance was amended to allow a church as a conditional use in the P-1 District. The City adopted a new zoning ordinance and accompanying map in 1987, when the property was rezoned to PUD-R. This is the current zoning designation. The PUD ordinance does not regulate churches as either a permitted or conditional use because it allows for the creation of specific uses and standards for each development. On March 14, 1988, the City Council approved the site plan for Family of Christ Lutheran Church with 27 conditions. The staff report based the analysis on the development standards for churches as conditional uses in residential districts and the height requirements for structures in residential districts (and the Hidden Valley PUD), but processed the application as a permitted use, not a conditional use. Therefore, the church has a non-conforming use status. (At that time, the City felt that since a church was designated on the property during the PUD review process, the proposal should be reviewed as a permitted use. However, the PUD did not specifically allow churches as a permitted or conditional use.) The purpose of the amendment is to make the existing church a permitted use. In 1999, a PUD amendment was requested to permit a church, office and medium density residential or assisted living facility on the subject site. The applicant also requested a land use amendment to change the designation from public/semi-public to mixed use. On April 14, 1999, the Planning Commission unanimously recommended approval of the church, but by a vote of 5 to 1, denied the request to permit office or an assisted living facility on the site. The City Council reviewed the amendment requests on May 10, 1999. The first reading for the rezoning was approved on June 28, 1999 by a vote of 3 to 1. The second and final reading of the rezoning was presented and tabled on August 9, 1999. On September 13, 1999, the City Council denied the requests to rezone the property and change the comprehensive plan designation by a vote of 3 to 2. On September 11, 2000, the City Council approved a request to amend the Hidden Valley Planned Unit Development (PUD//85-1) to allow a church as a permitted use on Lot 1, Block 7, Hidden Valley. DISCUSSION The applicant is requesting that an amendment to the Hidden Valley PUD be approved to allow a day care as a permitted ancillary use to the church on Lot 1, Block 7, Hidden Valley. This property is zoned PUD-R, Planned Unit Development-Residential, and is guided public/semi- public. The parking lot and the church remain vacant during the week and the requested use is compatible with residential uses and churches. Hidden Valley PUD Amendment July 15, 2003 Page 4 Existing Setbacks for the Church Build. Setback Ord. Setback Parking Setback Ord. Setback Lake Drive East 95 50 25 25 Interior Lot Lines - East 50 50 30 30 - South 285 50 300 30 Hidden Court 200 50 160 25 MISCELLANEOUS Prior to the occupancy of this building as a day care, the applicant must do the following: a. Inspections must be scheduled to determine code compliance and to identify any required alterations. b. A Certificate of Occupancy must be issued before the building can be used as a preschool. c. Permits must be obtained for any alterations. d. The applicant shall be aware that no building shall be allowed over utility and drainage easements. e. Submit a plan showing the location of the fence. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: 'The Planning Commission recommends approval of the Planned Unit Development Amendment to allow a day care as an ancillary use to the church located on Lot 1, Block 7, Hidden Valley." ATTACHMENTS 1. Site Layout. 2. Application. 3. Memo from Steven Torell, Building Official, dated June 30, 2003. 4. Memo from Mak Sweidan, Engineer, dated June 27, 2003. 5. Plans dated received June 5, 2003. Hidden Valley PUD Amendment July 15, 2003 Page 5 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Asim H. Qadri PUD #99-3. On July 15, 2003, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Asim Qadri to amend a Planned Unit Development to allow a daycare as an ancillary use to a church. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 2. 3. 4. o The property is currently zoned Planned Unit Development District. The property is guided by the Land Use Plan for Public/Semi Public. The legal description of the property is: Lot 1, Block 7, Hidden Valley. Planned Unit Development Amendment The proposed amendment to the PUD is consistent with the Public/Semi Public land use designations. The planning report Planned Unit Development #1999-3 prepared by Sharmin A1- Jaff, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Planned Unit Development Amendment. Hidden Valley PUD Amendment July 15, 2003 Page 6 ADOPTED by the Chanhassen Planning Commission this 15th day of July, 2003. ATTEST: CHANHASSEN PLANNING COMMISSION BY: Secretary Its Chairman CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1 i00 DEVELOPMENT REVIEW APPLICATION APPLICANT:'/~£/r~// /?/' ~A./~ / ADDRESS: ¢7~2~'''/~(..[.¢,,do'~/~ ...~1'//~ TELEPHONE (Day time)~/'~'/2-) TELEPHONE: Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit __ Non. conforming Use Permit Planned Unit Development* __ Rezoning __ Sign 'Permits Sign .Plan .Review Site Plan Review* Subdivision* Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit Zoning Appeal :. Zoning Ordinance Amendment Notification Sign X Escrow for Filing Fees/Attorney Cost** ($50_ CU P/SPR/VAC/VAR/WAP/Metes and Bounds, $400 .Minor SUB) TOTAL FEES ¥50,~¢:) 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 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 LOCATION ~7~ LEGAL DESCRIPTION TOTAL ACREAGE '~' d A c WETLANDS PRESENT PRESENT ZONING PL ~ REQUESTED ZONING. PRESENT LAND USE DESIGNATION REQUESTED LAND USE 'DESIGNATION REASON FOR THIS REQUEST YES ~ NO This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this aPplication, you should confer with the Planning ~Department to..determine the specific ordinance and procedural .requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A wriiten notice of application deficiencies shall be mailed to the applicant'within ten business days of .application. This is to certify that I am .making application for the described action by the City and that I am responsible for complying with all City requirements with regard tothis request. This. application should be processed in my name and I am the party whom the.City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or pumhase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. ! will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may 'be charged for consulting fees, feasibility, studies, etc.. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing 'requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Signature of Applicant //) -- Date S[~at0~Fe6Owner / ~ ' " .b~te · he app~i~nt should contact s~ for a copy of the staff repo~ which :wi~l ~ available on FrIday prior to the m~ting. ,If not contact~, a copy of the repo~ will ~ mail~ to the appii~nt's address. NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JULY 15, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Allow a Preschool Montessori APPLICANT: Asim H. Qadri, Discovery United Methodist Church LOCATION: 275 Lake Drive East NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Asim H. Qadri, is requesting an amendment to the Planned Unit Development for Hidden Valley to allow a preschool montes'sori as a permitted use at the Discovery United Methodist Church, located at 275 Lake Drive East. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134 or e-mail saljaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on July 3, 2003. ~ W 78THIs~ Smooth Feed SheetsTM CITY OF CHANHASSEN CIO BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 SINCLAIR MARKETING INC SINCLAIR OIL CORP-PROP TAX DIV PO BOX 30825 SALT LAKE CITY UT 84130 G L B PROPERTIES LLC 1831 KOEHNEN CIR EXCELSIOR MN 55331 DONALD T SMITH TRUSTEE OF TRUST 8012ERIEAVE CHANHASSEN MN 55317 WALTER E&ANNETTHOMPSON 8000 DAKOTA AVE CHANHASSEN MN 55317 CLAYTON & MARGARET SODETANI 8005 ERIE AVE CHANHASSEN MN 55317 JENNY JO PETERSEN 8016 ERIE AVE S CHANHASSEN MN 55317 ~ ~lJse template for 5160® RALPH WAYNE LYTLE 8021 ERIE AVE CHANHASSEN MN 55317 GERALD H & MARILYN M WASSINK 8004 DAKOTA AVE CHANHASSEN MN. 55317 JON HERRMANN 8024ERIEAVE CHANHASSEN MN 55317 PARK NICOLLET HEALTH SERVICES 3800 PARK NICOLLET BLVI ST LOUIS PARK MN 55416 TERRANCE SR & SANDRA THOMPS( 3820 LINDEN CIR EXCELSIOR MN 55331 GRACE DEVELOPMENT LLC CIO NORTHCOTT COMPANY 250 LAKE DR E CHANHASSEN MN 55317 ROBERT A & DAWN T LUND 8023 ERIE AVE CHANHASSEN MN 55317 BRIAN D & ANNA J NETZ 8004 ERIE AVE CHANHASSEN MN 55317 DANIEL A & KRIS L CITARELLA 8008 ERIE AVE CHANHASSEN MN 55317 CITY OFCHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX147 CHANHASSEN MN 55317 CHANHASSEN HRA 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 THOMAS J & SANDRA M KOEPPEN 8009 ERIE AVE CHANHASSEN MN 55317 ~ iCONSTANCE I HATTON 8018 ERIE AVE CHANHASSEN MN 55317 VIRGINIA EDDY 8020 ERIE AVE CHANHASSEN MN 55317 MICHAEL D KRAINES & JULIE A SONDERUP 8002 DAKOTA AVE CHANHASSEN MN 55317 JOHN Q & DONNA M SOLBERG 8006 DAKOTA AVE CHANHASSEN MN 55317 BRADLEY JAY JOHNSON 8026 ERIE AVE S CHANHASSEN MN 55317 ALLAN J & KATHIE J NELSON 8025 ERIE AVE CHANHASSEN MN 55317 ANTHONY E & LISA M BACHMAN 8008 DAKOTA AVE CHANHASSEN MN 55317 DISCOVERY UNITED METH CHURCH 950 TRUMBLE ST CHASKA MN 55318 AMERICAN LEGION'CHAN POST 580 7995 GREAT 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NELSON '7801 AUDUBON RD ~CHANHASSEN MN 55317 JOHN A & LANA J BERGO 8041 HIDDEN CT CHANHASSEN MN 55317 M PATRICIA PETERSON TRUSTEE OFTRUST 8029ERIE AVE CHANHASSEN MN 55317 ;JEFF & KAREN HONGSLO 1310 HIDDEN LN CHANHASSEN MN 55317 MICHAEL A & MICHELLE BRINDISI 8035 ERIE AVE CHANHASSEN MN 55317 JAMES B & KAREN A COOK 260 HIDDEN LN CHANHASSEN MN 55317 BRUCE a KIRKPATRICK & DONNA A D KIRKPATRICK 8032 ERIE AVE CHANHASSEN MN 55317 CHRISTOPHER J & DEBORAH BRANI 8001 HIDDEN CT CHANHASSEN MN 55317 :JAMES F & PAMELA A MURPHY :,8021 HIDDEN CT :CHANHASSEN MN 55317 I~0AVID M.& PATRICE L KAWLESKI 33 ERIE AVE CHANHASSEN MN 55317 , MARK A METZ 320 HIDDEN LN CHANHASSEN MN 55317 KEITH & DELORES H BLATZHEIM 271 HIDDEN LN CHANHASSEN MN 55317 BRIAN D &JEAN M STECKLING ~8040HIDDEN CT CHANHASSEN MN 55317 DAVID L & MEGAN M KLEIN 8000 HIDDEN CIR CHANHASSEN MN 55317 PAUL D & SHARON D PUNT 8014 DAKOTA AVE CHANHASSEN MN 55317 THOMAS PAUL BOTAMER 8020 HIDDEN CT CHANHASSEN MN 55317 STANLEY H LESTER 8061 HIDDEN CT CHANHASSEN MN 55317 AVERY® Address Labels Laser 5~.60® Smooth Feed SheetsTM HARK R & DEBRA W LAASER 3037 ERIE AVE .~HANHASSEN MN 55317 CLAY M & CHRISTINE UHLENHAKE 8040 ERIE AVE CHANHASSEN MN 55317 Use template for 5160® SCOTT W & MOLLY A DAVIS 3038 ERIE AVE ~.HANHASSEN MN 55317 KAREN M KLINSING 8090 HIDDEN CT CHANHASSEN MN 55317 GERALD A KVANT & AMY L DIEDRICH 8036 DAKOTA LN CHANHASSEN MN 55317 MARK W & JANE A MEYER 8038 DAKOTA LN CHANHASSEN MN 55317 KEVIN R & DONNA J BECKER 8060 HIDDEN CT CHANHASSEN MN 55317 SHANNON N MCCLARD & SHERRIE R PETERSON ;,8030 HIDDEN ClR CHANHASSEN MN 55317 JAIME G DRAHOZAL & NANCY WIRTH DRAHOZAL 8091 HIDDEN CT CHANHASSEN MN 55317 LAUREN C & SHAUNA J KOPP 8020 HIDDEN LN CHANHASSEN MN 55317 ANTHONY & MARY PAVLOVICH 8010 HIDDEN ClR CHANHASSEN MN 55317 ROBERT W STOFFER 8081 HIDDEN CT CHANHASSEN MN 55317 GERALD L & CLAUDIA CARSON 8039 ERIE AVE CHANHASSEN MN 55317 NGUYEN & BINH NGU CHAU 8080 HIDDEN CT CHANHASSEN MN 55317 ~AVERY® Address Labels Laser 5~.60® 8795 Knollwood Drive Eden Prairie, MN 55347 952.949.9492 (Home) 612.644.1182 (Asim's Cell) 612.385.4721 (Saleha's Cell) Sharmeen A1-Jaff Senior Planner City of Chanhassen Chanhassen, MN 55317 Dear Sharmeen, This type of chain link fence is installed at the child care centers in Chanhassen. We are planning to install a similar fence for the preschool Montessori outside play area at: 275 Lake Drive East, Chanhassen, MN 55317. Sincerely, Asim H. Qadri. MEMORANDUM TO: FROM: DATE: SUB J: Sharmin A14aff, Senior Planner Steven Torell, Building Official June 30, 2003 Review a request to allow a preschool at 275 Lake Drive East. Planning Case: 99-3 PUD Amendment I have reviewed the request for a preschool at the above location. Following are my comments, which shoUld be included as conditions of approval. 1. Inspections must be scheduled to determine code compliance and to identify any required alterations. 2. A Certificate of Occupancy must be issued before the building can be used as a preschool. 3. Permits must be obtained for any alterations. G/safety/stlmemoslplan/275 Lake Drive East CIT OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227,1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952,227.1140 Fax: 952.227,1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227,1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952,227.1110 Web Site www. ci.chanhassen.mn.us MEMORANDUM TO: FROM: DATE: Sharmeen A1-Jaff, Senior Planner Mak Sweidan, Engineer June 27, 2003 SUB J: Review of a request for a PUD Amendment to allow a Preschool as a Permitted Use at the Discovery United Methodist Church, Located at 275 Lake Drive East; Applicant: Asim H. Qadri The Engineering Department has reviewed the above described application dated June 13, 2003, prepared by Asim H. Qadri, which propose to install a chain link fence outside the play area. I offer the following recommended conditions of approval: 1, The applicant shall be aware that no building shall be allowed over the utility drainage easement. 2. Submit a plan showing the location of the fence. jms c: g:\eng~nahmoudXrnemosXmethodist church building, doc The City of Chanhassen · A growing community with clean lakes, quality scnooJs, a charming downtown, thrivin~ businesses, winding trails, and beautiful parKs. A great place to live, worK, ano play.