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11 IUP 2800 Water Tower PlaceClTYOF 5ity Center Drive, PO Box 147 ianhassen, Minnesota 55317 Phone 612.937.1900 ~eneral Fax 612.937.5739 ~ineering Fax 612.937,9152 ~,lic Safety Fax 612.934.2524 }b www. ci. chanhassen, mn. us MEMORANDUM TO: FROM: DATE: SUB J: Planning Commission Scott A. Botcher, City Manager July 1, 1999 New Life Christian Fellowship Following my review of Mr. Generous' recommendation, I would offer the following additional comments that I have discussed with Bob already. As an additional condition of approval, I would ask the Planning Commission, and ultimately the city council, to require the payment of an amount in lieu of taxes equal to the taxes normally due should any or all of this property be converted, through sale or other transaction, to a non-taxable status. Thank you for your consideration. 5fly of Chanhassen. A growing commumty with clean lakes, quali~y schoo& a charming downtown, thriving businesses, and beautiflul parks. A great place to live, work, and pla~. CIT OF CHAN SEN 690 City Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.93Z 1900 General Fax 612. 937. 5739 Engineering Fax 612.93Z9152 Public Safety ?ax 612.934.2524 Web www. ci. chanhassen, mn. us MEMORANDUM TO: FROM: DATE: SUB J: Planning Commission Bob Generous, Senior Planner July 7, 1999 Amendment to PUD 92-6 Arboretum Business Park to Allow Churches as an Interim Use and Request for an Interim Use Permit for New Life Christian FelloWship to occupy a building in Arboretum Business Park 2nd Addition PROPOSAL The developer is requesting an amendment of PUD #92-6 to allow church ~.' assembly facilities as an interim use. This change is being proposed to permit ~e New Life Christian Fellowship to have an office and assembly facility in Arboretum Business Park. New Life Christian Fellowship is requesting interim use permit approval to occupy 4,400 square feet of partial tenant space within the 113,600 square foot building on Lots 3 and 4, Block 2, Arboretum Business Park Second Addition. Interim use permits are reviewed under the same standards for the granting 9f conditional use permits. BACKGROUND On February 8, 1999, the City Council approved the final plat for Arboretum ;~. Business Park 3rd Addition creating two lots and site plan #99-1 for a 5,737 sq~re: foot Kwik Trip convenience store and gas station with a drive through car was~; On June 22, 1998, the city approved a site plan for a 55,911 square foot buildin~ - (All About Lights) and a 52,956 square foot building (On The Level) within ': ~ Arboretum Business Park 2nd Addition. On May 11, 1998, the City Council approved Arboretum Business Park 2nd Addition consisting of six lots and the right-of-way for Water Tower Place, formerly known as Coulter Boulevard, and a site plan for a 113,600 square feet office-industrial-warehouse buildings (Steiner Building 2). The G~. qf CtJanhassen, A growing communiv/ with clean lakes, quality schools, a charming downtown, thriving businesses, and beautiful parks, A ~reat plac~to tiue,- work, and ~k Arboretum Boule~a~ Future Street _~ Water T~~er 82nd Street/ \ 4 5 6 Arboretum Business Park PUD Amendment - Church July 7, 1999 Page 2 On July 28, 1997, the City Council approved the following: the ordinance for PUD #92-6 rezoning approximately 154 acres from Agricultural Estate, A2, to Planned Unit Development, PUD, and the PUD #92-6 granting final plat approval for Arboretum Business Park. On June 9, 1997, the City Council approved site plan #97-6 for Heartland America, a 101,600 square foot office industrial building (Steiner Building 1) on Lot 3, Block 1, Arboretum Business Park. DISCUSSION In developing the design standards for the Arboretum Business Park Planned Unit Development, the city and developer spent a significant amount of time reviewing the potential uses within the development. Of special consideration was the potential for portions of the development to be developed by tax exempt organizations. For this reason, churches were not originally addressed as a use within the development. While the city may not limit the ownership of parcels, excluding non-profit entities, it can control the number, area, bulk, height and location of such uses. The proposed amendment to the PUD standards would limit church uses to "store front" operations to permit a church to reach a sufficient number of members to be a viable congregation. Churches are conditional uses in all residential districts, interim uses in all commercial and industrial districts, and a permitted use in the office institutional district. Interim uses is defined as "a temporary use of property until a particular date~ until the occurrence of a particular event, or until zoning regulations no longer permit it." A church use is generally a complementary use within a proposed commercial or industrial development since its peak hours of operation are usually distinct from that for office and industrial users. Staff is recommending approval of the amendment to the Arboretum Business Park with the limitation that churches not occupy more than six percent of any building, that the trigger for sunsetting the use of the site be when the congregation reaches 200 adult members, and that the use be approved through the same process as a conditional use permit. The six percent of building area was established to permit the lease of a standard lease space area which is 6,400 square feet. Staff contacted area churches to determine if there was a membership threshold for churches that would permit them to be a viable congregation which would be financially able to find permanent facilities. The consensus was that a congregation between 150 and 200 adult members would be of sufficient size. The one qualifier was that income of members and whether the congregation was supported by a larger organization could reduce this threshold. Staff is recommending approval of the Interim Use for New Life Christian Fellowship. Arboretum Business Park PUD Amendment - Church July 7, 1999 Page 3 DEVELOPMENT DESIGN STANDARDS Development Standards a. Intent The purpose of this zone is to create a PUD light industrial/office park. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. Photo- composite images of proposed development adjacent to Highways 5 and 41 shall be submitted as part of the review process. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below if they are ancillary to a principal use on the individual lot. Commercial/retail uses are prohibited except those uses specifically noted below. b. Permitted Uses The permitted uses in this zone should be limited to light industrial, warehousing, and office as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the City Council shall make that interpretation. Permitted uses shall be allowed on the different Blocks and Lots for which they are specified below. The Blocks and Lots specified below are those designated on the attached PUD plan. The Block and Lot designations in final plats approved for phases of development may differ from those specified below. However, the permitted uses shall continue to be those specified below for the Lots identified in the PUD plan. Light Industrial - The manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. (Lots 3, 4, and 5, Block 1; Lot 1, Block 2; Lots 1, 2, 3, and 5, Block 4; and the Wrase property) Warehousing- Means the commercial storage of merchandise and personal property. (Lots 3, 4, and 5, Block 1; and Lots 1, 2, 3, and 5, Block 4) Office - Professional and business office. (Lots 1, 2, 3, 4, and 5, Blockl; .Lot 1, Block 2; Lot 1, Block 3; Lotsl, 2, 3, 4, and 5, Block 4; and the Wrase property) Health Services- establishments primarily engaged in furnishing medical, surgical and other health services to persons. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) Arboretum Business Park PUD Amendment - Church July 7, 1999 Page 4 Conferences/Convention Center - establishments designed to accommodate people in assembly, providing conference and meeting services to individuals, groups, and organizations. (Lot 5, Block 4) Indoor Recreation/Health Club - establishments engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other physical fitness conditioning. (Lot 1, Block 3; and Lot 4, Block 4) Hotel/Motel-establishments engaged in furnishing lodging, or lodging and meals, to the general public. (Lot 1, Block 3; and Lot 4, Block 4) Utility Services - Water towers and reservoir. (Lots 3, 4, and 5, Block 1; Lots 1, 2, and 3, Block 4; and the Wrase property) Commercial uses (permitted on lots specified as commercial in development standards tabulation box) 1. Restaurant, permitted on Lot 1, Block 3 or Lot 4, Block 4. (One stand alone restaurant.) 2. Convenience store with or without gas pumps, not to exceed 12,000 square feet, on Lot 1 or 2, Block 1, only. (One convenience store.) 3. Banks, with or without drive up windows (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) 4. Day Care - establishments providing for the care and supervision of infants and children on a daily basis. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) Ancillary Uses (in conjunction with and integral to a primary use) 1. Fast Food (no drive-through and only in conjunction with and integral to a convenience store). 2. Restaurant (only in conjunction with hotel/motel or convention/conference center). 3. Showroom - showroom type display area for products stored or manufactured on-site provided that no more than 20 percent of the floor space is used for such display and sales. 4. Telecommunication Towers and Antennas by conditional use permit only. 5. Car wash, in conjunction with convenience store. 6. Day Care Prohibited uses · Contractors Yard · Lumber Yard · Home Improvement/Building Supply Arboretum Business Park PUD Amendment - Church July 7, 1999 Page 5 · Garden Center · Auto related including sales and repair · Home furnishings and equipment stores · General Merchandise Store c. Setbacks The development is regulated by the Highway 5 and the PUD Standards. There are no minimum requirements for setbacks on interior lot lines in the PUD zone. The following setbacks shall apply: Street Frontage Hwys. 5 & 41 Coulter & Century Boulevards 82nd & West Local Minimum Setback Maximum Setback Building/Parking Building/Parking 70/50 150 * 50/20 100 30/20 NA *Lot 5, Block 4, must only meet the maximum setback on one Highway frontage. The average hard surface coverage does not include Outlots A and B. The PUD standard for hard surface coverage is 70% for office and industrial uses. Any one site/lot can exceed the 70 percent requirement but in no case can the entire finished development exceed 70 percent. d. Development Standards Tabulation Box 1. Building Area LOT/USE ACRES Building Size/FAR PARKING (square feet) 82nc Street Dedication 1.80 Interior Roadway 10.54 Upland 16.6 30 Wetland 28.7 Ponds 3.01 Lot 3, Block 1 10.02 131,006 262 Lot 4, Block 1 5.45 71,218 142 Lot 5, Block 1 4.41 57,688 115 Arboretum Business Park PUD Amendment - Church July 7, 1999 Page 6 Lot 1, Block 4 4.38 57,199 114 Lot 2, Block 4 5.40 70, 597 141 Lot 3, Block 4 8.98 117,371 235 Lot 1, Block 2 12.23 159,822 320 Lot 5, Block 4 23.20 Lot 1, Block 1 1.80 Lot 2, Blockl 2.32 Lot 4, Block 4 Office/Hotel 4.06 Lotl, Block 3 6.41 Restaurant/Office 11,746 / 23,520 15,180 / 30,320 26,536 / 53,060 (. 10FAR) 27937 / 83,770 (5/1000) 59 (4/1000) 61 (5/1000) 133 (16/1000) 447 Commercial sites may develop as office-industrial uses. Square footage for individual lots may be reallocated within the development, by type, provided the maximum square footage is not exceeded. Building Square Footage Breakdown Office Light Industrial Warehouse Commercial Total *includes the Wrase property. industrial uses o 31% 368,000 / (432,000) 31% 368,000 / (432,000) 31% 368,000 / (432,000) 7% 81,000 / (0) 100% 1,186,000 / (1,295,000) ( ) represents conversion of commercial uses to office- More than one (1) principal structure may be placed on one (1) platted lot. Building height shall be limited to 3 stories or 40 feet. Lot 5, Block 4, is intended to accommodate a major corporate headquarters or office, research, high end manufacturing with limited warehousing type user. While the majority Arboretum Business Park PUD Amendment - Church July 7, 1999 Page 7 of the development is based on 30 percent office space, Lot 5 must have a minimum of 40 percent office use and include multi-story building(s). e. Building Materials and Design The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equipment shall be screened with material compatible to the building. All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels and not painted cinder block. 3. Brick may be used and must be approved to assure uniformity. 4. Block shall have a weathered face or be polished, fluted, or broken face. o Concrete may be poured in place, tilt-up or pre-cast, and shall be finished in stone, textured, coated, or painted. Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or, as trim or as HVAC screen. 7. All accessory structures shall be designed to be compatible with the primary structure. o All roof mounted equipment shall be screened by walls of compatible appearing material or camouflaged to blend into the building or background. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. o The use of large unadorned, pre-stressed concrete panels and concrete block shall be prohibited. Acceptable materials w/tl incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. The buildings shall have varied and interesting detailing. The use of large unadorned, concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wail and its views from public ways shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. 10. Space for recycling shall be provided in the interior of all principal structures or within an enclosure for each lot developed in the Business Center. Arboretum Business Park PUD Amendment - Church July 7, 1999 Page 8 11 12. f. 1. Each buildings shall contain one or more pitched roof elements depending on scale and type of building, or other architectural treatments such as towers, arches, vaults, entryway projections, canopies and detailing to add additional interest and articulation to structures. There shall be no underdeveloped sides of buildings visible from public right-of-ways. All elevations visible from the street shall receive nearly equal treatment and visual qualities. Site Landscaping and Screening Landscaping along Highways 41 and 5 shall comply with Buffer yard standard C. Coulter Boulevard, Century Boulevard, and West 82nd Street shall comply with Buffer yard standard B. The master landscape plan for the Arboretum Business Park (formerly Gateway) PUD shall be the design guide for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. Storage of material outdoors is prohibited unless it has been approved under site plan review. All approved outdoor storage must be screened with masonry fences and/or landscaping. Undulating or angular berms or elevation changes of 3' in height shall be placed along Coulter Boulevard, and Century Boulevard. The berms shall be sodded or seeded at the conclusion of each project Phase grading and utility construction. The required buffer landscaping may be installed incrementally, but it shall be required where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. Loading areas shall be screened 100 percent year round from public right-of-ways. Wing walls may be required where deemed appropriate. Signage All freestanding signs be limited to monument signs. The sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material throughout the development. The applicant should submit a sign package for staff review. 2. Each property shall be allowed one monument sign per street frontage. Arboretum Business Park PUD Amendment - Church July 7, 1999 Page 9 The signage will have consistency throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. 4. Consistency in signage shall relate to color, size, materials, and heights. The Arboretum Business Park PUD shall be permitted two Arboretum Business Park identification signs. One sign per project entrance, at West 82nd and Century Boulevard and at Highway 41 and the westerly roadway, shall be permitted. Said sign shall not exceed 80 square feet in sign area nor be greater than eight feet in height. 6. Wall sign shall be permitted per city ordinance for industrial office park site. 7. All signs shall require a separate sign permit. In addition to the two signs identified in g. 5. above, signage for the main entrance on Highway 5 and Century Boulevard shall be reviewed and approved by the Planning Commission and City Council. h. Lighting Lighting for the interior of the business center should be consistent throughout the development. The street lights should be designed consistent with the existing lighting along the existing Coulter Boulevard. A decorative, shoe box fixture (high pressure sodium vapor lamps or metal halide lights) with a square omamental pole shall be used throughout the develOpment area for area lighting. Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. i. Alternative Access Each site shall accommodate transit service within the individual development whenever possible. 2. Pedestrian access shall be provided from each site to the public sidewalk and trail system. Arboretum Business Park PUD Amendment - Church July 7, 1999 Page 10 3. The developer and site users shall promote and encourage Traffic Demand Management Strategies. 4. Each site shall provide areas for bicycle parking and storage. FINDINGS When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: The proposed use should not endanger the public health, safety, comfort or convenience of the general public, ha general, church facilities enhance the general welfare of the community. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The approval of the interim use permits the occupancy of a portion of an office/industrial building that is consistent with the comprehensive plan and the development design standards. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The development must comply with the design standards established for Arboretum Business Park. The use is located within an existing building. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The proposed use is not hazardous or disturbing to existing or planned neighboring uses. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The proposed use is served by adequate public facilities. Arboretum Business Park PUD Amendment - Church July 7, 1999 Page 11 o o o o 10. 11. 12. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed use will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: The proposed use should not negatively impact nor be detrimental to surrounding uses or persons. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The proposed use is a minimal addition to the approved development anticipated as part of the site plan for the building on these lots. The peak time for church uses is generally complementary to office uses. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed use will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Will be aesthetically compatible with the area. Finding: The proposed use of the property is compatible with the character of the area. The use of the tenant space will not be noticeable outside the building. Will not depreciate surrounding property values. Finding: The proposed use will not depreciate surrounding property values. Will meet standards prescribed for certain uses as provided in this article. Finding: The proposed use meets the standards for a church use. Arboretum Business Park PUD Amendment - Church July 7, 1999 Page 12 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motions: "The Planning Commission recommends approval of the amendment to PUD #92-6, Arboretum Business Park, to permit a church as an interim use within the Arboretum Business Park development. The following criteria shall apply to churches as interim uses: Church facilities, i.e., assembly or worship halls and associated office, meeting, and other required spaces, shall not occupy more than six percent (6%) of any building. The church congregation may not exceed 200 adult members. Shall be reviewed and approved in accordance with the same procedures specified in the city code for conditional use permits. "The Planning Commission recommends approval of the interim use permit for New Life Christian Fellowship for an office and assembly 4,400 square foot space on Lots 3 and 4, Block 2, Arboretum Business Park 2nd Addition subject to the following conditions: 1. The church must vacate the building prior to exceeding 200 adult members. 2. The church facility is limited to 4,400 square feet of the building area. 3. The church shall submit to the city annually the number of adult members in its congregation." ATTACHMENTS 1. Letter from Frederick Richter to Kathryn Aanenson dated June 14, 1999 2. PUD Plan - Arboretum Business Park 3. Site Schematic g:\plan\bg\Arboretum Business Park PUD Amend - Church.doc 06/15/99 07:07 FAX 6124737058 STEII~R DEVELOPMENT INC, ~001 Development, lnG. 3610 Counly Noad 101 Wayzala, MN 5539~ (612) 473-5650 Fax ~73-7058 June 14,1999 Kathryn Aanenson, AICP Planning Director City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 FAX: 937- 9152 Dear Kate: Steiner Development has negotiated a 4,400 SF lease with the New Life Christian Fellowship for office and assembly space in the Arboretum Business Park Building 2. As documented in Arboretum Business Park Development Contract/PUD Agreement the assembly use must be approved by the City Council. We request that the City formally review this matter as soon as possible. The New Life Christian Fellowship is presently located at the Chanhassen Elementary school. The Reverend Don Finger is the Pastor and the church has approximately sixty members of which 25 reside in Chanhassen. Thank you for considering this matter. Sincerely, 4/22/97 p:~sdi\pmjcct~\chur~ 5 & 41-pha~;e 2x.,aanenson,doc ~ mD[.4 301-130 -IVlti.LSfIQNI DINrlD ,oo~ ,oo~ ,o [ J. O1 =1:31=1-10 i:L'~, [ : MOll g9'88 = S.LO'I SDINi'13 =Jl:lll'O S-.331ddO .I. NV~InV. LSga 'p ~, I. S.LO1 tANOD / 3DN31d::ldNOC) NOI.LDFIQO~Id /SU:I.L~'rlocII~B H ]£¥t:IOdBOD l¥11:lJ.$rlONI HD~lV'3S3t~ 331=1-40 )HI,ION N~'qd 'S'I'N ~ n ~_T g6~ Ot ~ LLGG