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3 Amend Hidden Valley PUDCITYOF CHANHASSEN 690 CiO, Center D~ive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.93Z 1900 General Fa.,: 612. 937. 5739 £ngineering Fax' 612.937.9152 Pubh'c SafeO, Fax' 312.934.2524 II~b www. ci.&anhassen, m,. us MEMORANDUM TO: Planning Commission FROM: Cynthia Kirchoff, AICP, Planner II REPORT DATE: PC Date: CC Date: August 2, 2000 August 15, 2000 September 11, 2000 RE: Request for an amendment to the Hidden Valley PUD (#85-1) to allow churches as a permitted use, Family of Christ Lutheran Church PROPOSAL The applicant, Family of Christ Lutheran Church, is requesting that a church use be allowed as a permitted use on Lot 1, Block 7, Hidden Valley. The zoning and land use designation remain the same. The purpose of this application is to make the church use conforming, as currently i't is a nonconforming use. Staff is recommending approval of this change to legitimize the existing church facility located on the property. BACKGROUND In 1985, the Hidden Valley Planned Unit Development (PUD) was approved with Lot 1, Block 7 (at that time Outlot B) designated for a future church. In conjunction with the development, the property was rezoned to P-l, the residential PUD district, from R-1 a. 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. It was at this time that 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. 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 even though the PUD did not allow a church as a permitted use on this site. 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 The City of Chanhassen. A erowt)Je commumh, w/th clean lakes, ~fual&, schools, a charming downtown, thriving businesses, and beautiful parks. A great place to live, work, and play. I I ,3'~an V'~v~ Planning Commission Family of Christ PUD Amendment August 9, 2000 Page 2 process, the proposal should be reviewed as a permitted use. However, the PUD did not specifically permit churches as a permitted nor 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. DISCUSSION The applicant is requesting that an amendment t° the Hidden Valley PUD be approved to allow a church as a permitted use on Lot 1, Block 7, Hidden Valley. This property is zoned PUD-R, Planned Unit Development-Residential, and is guided public/semi-public. This parcel is in the HC-1 District. When the site plan is reviewed for a expansion of the church, it must comply with the standards. These standards include high quality building materials and landscaping. A church is defined as a building or edifice consecrated to religious worship, wherepeoplejoin together bi some form of public worship under the aegis and direction of a person who is attthorized under the laws of the State of Minnesota to solemnize marriages. A church may htclude #ring quarters for persons employed on the premises and classroom facilities. The following are not considered as churches: camp meeting grounds, mikvahs, coffee houses, recreational complexes, retreat homes, sleeping quarters for retreatants during spiritual retreats extending for periods of more titan one (1) day. Bible camps with live-in quarters, publishing establishments, ritual slaughter houses, radio or television towers and transmission facilities, theological seminaries, day care centers, hospitals, and drug treatment centers are not churches. The aforementioned definition is included in this report to confirm that the activities taking place on the site constitute a church per the City's zoning ordinance. The existing church is one-story and 21 feet in height. The steeple is approximately 73 feet from grade. The zoning ordinance exempts steeples from the height limitation. In this PUD, structures must not exceed 40 feet in height. The plans illustrate a second phase of the church, including a classroom and sanctuary addition with parking just to the south of the existing church (see Attachment 2). According to the site plan report, the church had plans to expand to nearly 20,000 sq. ft. and add 60 parking stalls on the south portion of the site. An expansion of the existing church is permitted so long as the requirements in the zoning ordinance are met (i.e., impervious surface, parking, height, buffering, etc.). Planning Commission Family of Christ PUD Amendment August 9, 2000 Page 3 Table 1 depicts the setbacks maintained by the existing church. The purpose of the table is to demonstrate that the existing church meets the setbacks required by the zoning ordinance. TABLE 1 Existing Setbacks for Family of Christ Church Building Setback (feet) Lake Drive 95 East Interior Lot Lines - East 50 - South 285 Hidden Court 200 Zoning Zoning Ordinance Ordinance Setback Setback Requirements Parking Requirements (feet) Setback (feet) (feet) 50 25 25 50 30 30 50 300 30 50 160 25 The ordinance also limits the amount of impervious surface to 70 percent. According to the original site plan, the site will maintain 54 percent coverage after all phases have been completed. Churches are compatible with residential uses, as they are permitted as conditional uses in all these zoning districts. Rather than penalize the church, which has shown that it is compatible with the surrounding single-family residential uses and meets current zoning requirements, staff is supporting the amendment to PUD #85-1. Any future expansion of the church facility would require site plan review. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of the amendment to PUD #85-1 to allow a church as a permitted use on Lot 1, Block 7, Hidden Valley." Attachments 1. Application 2. Original Site Plan for Family of Christ 3. Public Hearing Notice g:\plan\ck\plan corem\foe pud amend for church 8.00.doc 07/13/00 10:07 FAX 612 937 5739 CITY OF CHANHASSEN ~002 CiTY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION ADDRESS: OWNER: ADDRESS: TELEPHONE (Day time) ¢~' 7- ~ '~' -- Comprehensive Plan Amendment TELEPHONE: .,, Temporary Sates Permit Conditional Use Permit Interim Use Permit ~ Non-conforming Use Permit Planned Unit Devolopmont~/~/V[~ ~ Rezoning ~ Sign Permits · Sign Plan Review Site Plan Review* Subdivision* Vacation of ROW/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign __X Escrow for Filing Fees/Attorney Cost** ($50 CUPISPR/VACIVAR/W APIMetes and Bounds, $400 Minor SUB) TOTAL FEE $ 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 fplded copies of the plans must be submitted, including an 81/2'' X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION ~-~) LEGAL DESCRIPTION TOTAL ACREAGE WETLANDS PRESENT PRESENT ZONING REQUESTED ZON[NG PRESENT LAND USE DESIGNATION. REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST 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 o! application submittal. A written notice ot= 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 to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract o~' Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep mysel~ informed of the deadlines for submission of malerial 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 are approved by the applicant. Signature of Fee Owner Dale Application Received on Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contac'led, a copy of the report will be mailed to the applicant's address. NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING TUESDAY, AUGUST t5, 2000 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSA~ Amendment to PUD to Allow Churches as a Permitted Use APPLICANT: LOCATION: Family of Christ Lutheran Church 275 Lake Drive East NOTICE: You ara invited to attend a public hearing about a proposal in your araa. The applicant, Family of Christ Lutheran Church raquesting an amendment to the Hidden Valley PUD to allow church facilities as permitted uses on Lot 1, Block 7, Hidden Valley on property located south of Lake Drive East and east of Hidden Court, 275 Lake Drive East. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will prasent plans on the project. 3. Comments ara racaived from the public. 4. Public hearing is dosed and the Commission discusses project. Questions and Comments: If you want to see the plans befora 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 Cindy at 937-1900 ext. 117. 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 headng has been published in the Chanhassen Villager on August 3, 2000. 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