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3 Family Christ Church PUDCITY OF P.C. DATE: 4/21/99 C.C. DATE: 5/40¢9a:) 6/28/99 CASE: #85-1 PUD #99-1 LUP STAFF PROPOSAL: REPORT (1) A request for an amendment to PUD #85-1, Hidden Valley, to permit a church, office and medium density residential or rcsidcndal assisted living facility use on Lot 1, Block 7; and (2) Comprehensive Plan Amendment to amend land use from public/semi-public to mixed-use. LOCATION: Lot 1, Block 7, Hidden Valley, 275 Lake Drive East APPLICANT: Family of Christ Lutheran Church Represented by Lotus Realty Services P.O. Box 235 Chanhassen, MN 55317 934-4538 PRESENT ZONING: PUD-R, Planned Unit Development, Residential ACREAGE: 3.6 acres ADJACENT ZONING AND LAND USE: WATER AND SEWER: N - Lake Drive and Hwy. 5 S - PUD-R, Residential E - PUD-R, Residential W - BN, Neighborhood Business/Northcott Office Available to site. PHYSICAL CHARACTER: A church with a parking lot exists on the site. The site slopes to the south and is at a lower elevation than Lake Drive East. 2000 LAND USE PLAN: Public/Semi-Public Hidden Valley PUD Amendment June 28, 1999 Page 2 CITY COUNCIL UPDATE On May 10, 1999 the City Council reviewed and tabled this item based upon staff's recommendation. The purpose of the review was to present issues and request direction from the City Council. The following issues were discussed: the potential demolition of the existing church; design standards for adaptive reuse; traffic generation for existing and future church; the potential for medium density residential; a church's ancillary uses; assisted living facility benefits; compatibility and definition; property'values and real estate information ;and the potential of a second story addition. Existing Church Demolition The applicant has insisted that the existing church will not be demolished because of cost factors. In the event the church is demolished, any new structure will have to meet all zoning ordinance requirements. A new structure will have to proceed through the site plan review process. Design Standards The applicant has prepared development standards for Lot 1, Block 7, Hidden Valley. Design standards have been incorporated in the overall development standards. They are on page 3 of the development standards in Attachment 6. Existing and Future Church Traffic The applicant has provided trip estimates for the church use (Attachment 12). According to their estimates, an office will produce less trips than church uses in most instances. This can be attributed to the ancillary uses of the church building. The ITE Trip Generation Manual (Attachment 16) indicates that Sunday generates the most traffic and that weekday traffic is complementary to typical afternoon peak hours, that is, peak hours for churches are 7:00 p.m. to 11:00 p.m., whereas, it is 4:00 p.m. to 6:00 p.m. peak for office buildings. Medium Density Residential The applicant has submitted a third permitted use, an office and medium density residential mix. This plan proposes 10 townhomes on the southern portion of the property accessed via Hidden Court and two office buildings totaling 15,000 sq. ft. accessed via Lake Hidden Valley PUD Amendment June 28, 1999 Page 3 Drive East. Staff believes that medium density residential is compatible with the single family residential to the west and south. This new proposal will be further discussed in the body of the report. Church Ancillary Uses The applicant has provided a list of ancillary uses of a church. They include church school, pre-school, youth activities, choir, committee and community groups (Attachment 12). It can be assumed that if a different church purchases the site, additional uses may be included. Assisted Living Facility The applicant has provided staff with a definition of assisted living (Attachment 13). Essentially, the services provided vary with the type of living facility. The tyPe of facility varies with the population being served. The applicant has not determined the type of facility. However, staff has noted the most compatible types of facilities in the attachment. Property Values. At the May 10, 1999 City Council meeting, realtor Kevin Sharkey presented information on real estate values in the Hidden Valley subdivision. In conclusion, Mr. Sharkey states, "There appears to be no negative affect on the sale price or market time due to closeness to commercial property." A copy of this report is located in Attachment 15. Second Story Addition The PUD permits structures up to 40 feet in height. In the RSF District, structure height is limited to 3 stories or 40 feet. The design standards indicate a maximum of 2 stories or 40 feet. (This report has been updated. All new information is in bold type and outdated information has been struck through.) PLANNING COMMISSION UPDATE On April 14, 1999, the Planning Commission reviewed this item. The commission recommended approval of an amendment that would permit a church only on Lot 1, Block 7, Hidden Valley. By of vote of 5 to 1, the commissioners denied the request to permit an office or assisted living facility on the site because they did not believe that an amendment to the PUD or Hidden Valley PUD Amendment June 28, 1999 Page 4 the land use plan map was warranted. One commissioner believed that the assisted living facility should be a permitted use on the site. The majority of the residents in attendance were concerned about the detrimental impacts of an alternative use. They felt that rezoning the site will decrease property values, and increase traffic and congestion. Letters from neighbors are included in Attachment 9. BACKGROUND In 1985, the Hidden Valley Planned Unit Development (PUD) was approved with Lot 1, Block 7 being designated for a future church. In conjunction with the subdivision, the property was rezoned to P-l, the PUD residential district, from R-la. 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 ordinance was amended to allow a church as a conditional use in the P-1 District. Although the site plan for Family of Christ was approved, a conditional use permit was not processed. Therefore, the church has a non-conforming use status. As long as the church remains, the non- conformity is a non-issue, but there is a cloud over the property. The purpose of the amendment/rezoning is to make the existing church a permitted use as well as provide other uses for the site. The Family of Christ Church's site plan was approved in 1988 on Lot 1, Block 7. 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 showed 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. in building and 60 additional parking stalls on the south portion of the site. If a church purchases this property they can expand as long as the requirements in the zoning ordinance are met (i.e., impervious surface, parking, height, buffering, etc.). The church additions were never constructed because it was determined that the additional space would not accommodate the future congregation. The church felt a larger space would be needed. Since it was determined by the congregation that the existing site would not accommodate future growth, other sites for a new church were sought. A site in the Bluff Creek Corporate Center Hidden Valley PUD Amendment June 28, 1999 Page 5 was found. It is located east of Bluff Creek Elementary and the Chanhassen Recreation Center. The PUD for this development was approved in 1998. At the April 26, 1999 City Council meeting, the new Family of Christ Church's site plan was approved. The new church includes future growth space. The applicant seeks to amend the Hidden Valley PUD to permit office or residential (assisted living) use for this site. When the subdivision was originally approved this site was designated for a church only. The property to the north of Lake Drive East was designated for high density residential or commercial. At the April 26, 1999 City Council meeting, the site plan for Northcott's office building was approved on this site. The remainder of the project, excluding the commercial site abutting Great Plains Blvd. and Lake Drive East, was proposed to be residential. Typically, churches are located in a zoning district that has other permitted uses such as OI, Office and Institutional District or even a mixed-use PUD. Churches with a conditional use permit in the RSF District would have limited options for redevelopment. Table 1 displays the churches within the city limits and their corresponding zoning district. Three of the nine churches have a residential zoning, whereas the remainder are zoned for institutional or office uses. TABLE 1 ZONING of CHANHASSEN CHURCHES Name St. Hubert's Temple of Eck Holy Cross Lutheran Colonial Church at Heritage Sq. Family of Christ (Lake Drive East) Family of Christ (Bluff Creek Corporate Center) Lutheran Church of the Living Christ PUD RSF RSF OI PUD-R PUD OI Chapel Hill OI Kingdom Hall of Jehovah's PUD/IOP Witnesses · Zoning District Comments Institutional guiding (hospital, library, ed. services, etc.) CUP CUP CUP not processed Office or Industrial (one lot for institutional in PUD) The impetus behind the amendment/rezoning is to consider other acceptable uses for the site in the event it is not purchased by a church. The applicant prepared background for the PUD amendment. This is included in Attachment 3. Hidden Valley PUD Amendment June 28, 1999 Page 6 ANALYSIS This is a request to amend the PUD to allow for a church, office and medium density residential or assisted living facility on Lot 1, Block 7, the Family of Christ Church site. When the development was approved, there was no discussion of an optional use for this site but a church. Unfortunately, the church is a portion of a much larger development which is primarily zoned for residential uses. The 2000 Comprehensive Plan guides this parcel public/semi-public, meaning municipal buildings, churches, camps and golf courses, so the plan for this parcel will have to be changed to "Office "Mixed Use." The two additional uses selected for the site were selected from the permitted uses in the OI District. These uses are included in Attachment 4. If this site were to be rezoned to OI, uses such as a library, museum, hospital, community center or funeral home could locate on the site. However, staff had concerns about the compatibility of dj T~ ~- .... 12.l. ............. ~1 T....1. .... some uses with the a acent residential uses ........... v ...... o,~ ,,,,,~ .... ~ ..... }~**~,,,, an -, ...... ~ ........ ,t~--o,~. The uses proposed by the applicant are not incompatible with the adjacent single family residential. Itowever~ any residential uses would be the most harmonious. When staff was reviewing this request and writing this report, two issues were foremost, spot zoning and adaptive reuse of the existing church. Staff did not want to amend the PUD simply to benefit the property owner and at the same time wanted to be flexible in allowing an existing building to be utilized differently than its original use or design. In order for staff to justify the amendments to the PUD and comprehensive plan it must be shown that the parcel has not been given special treatment, the changes are for the benefit of the entire community and the action complies with the comprehensive plan (Moskowitz and Lindboom, 1993). If the action or request does not meet the three criteria, it can be deemed a "spot zoning." Spot zoning is "rezoning ora lot or parcel of land to benefit an owner for a use incompatible with surrounding land uses and that does not further the comprehensive plan" (Moskowitz and Lindboom, 1993). Staff reviewed the application in terms of the benefit to the entire community, not benefit to the applicant. An assisted living facility would serve the senior population, as well as the community by meeting housing goals. The medium density residential would offer the best transition between the single family homes on Hidden Court and the proposed two, one- story office buildings on the northern portion of the site. ....... :"' ~ ......... a An office building on this site would not be a detriment to the neighborhood nor to the community. Many office buildings are adjacent to residential developments in the City. Hidden Valley PUD Amendment June 28, 1999 Page 7 The comprehensive plan designates this parcel as Public/Semi-Public. In order for the assisted living facility or a office/medium density residential mix to be located on the site, the comprehensive plan will have to be reguided to "Office." "Mixed Use." Assisted living facilities/nursing homes are only permitted in the OI, Office and Institutional District. Thia ---o.s---,,- ........ o,~ v~- .... ,~. ,,~.~,~ ,.o~. In this instance, mixed use only include church, office/medium density residential, medium density residential, or assisted living facility. Adaptive reuse is "the development of a new use for an older building or for a building originally designed for a special or specific purpose" (Moskowitz and Lindboom, 1993). The City encourages the adaptive reuse of existing buildings through standards established as part of the business, office, institutional and industrial districts. The standards are included in Attachment 5. The church was constructed in 1988, so reuse is possible and recommended. It would be prodigal to allow this structure to be destroyed. Staff believes that if the use is compatible with neighboring properties every effort should be made to reuse an existing building. The assisted living facility would be compatible with adjacent uses and would allow the existing structure to remain. The office and medium density mix would offer a low intensity use for the site and still allow the existing structure to remain on the site. The applicant has limited the size of the office to 15,000 sq. ft. and the number of townhomes to 10 (medium density is 4-8 units per acre). This in conjunction with the one story with hip roofs on the office building maintains the residential character. ~'~'~ upon '~'~ :-*' .... : ..... ~.~:.~ t... ,~. .... ~:~ Staff also believes that medium density residential (4-8 units per acre) could also be appropriate for the site. This would be certainly compatible with the two-family dwellings located on the extreme northern portion of Erie Avenue. However, it is likely that this use would lead to the demolition of the existing church if the entire site is dedicated to residential, This parcel is in the HC-1 District. When the site plan is reviewed for the redevelopment of the site, it must comply with the standards. These standards include high quality building materials and landscaping. It is necessary to analyze the potential uses of this site if it were vacant. It is likely that medium density residential would be recommended by staff. Since the site is accessed by a collector street, an office building would not be eliminated simply because it abuts single family residential. The zoning ordinance regulates the height, buffering, impervious surface and setbacks of all structures. This ensures that the character and value of surrounding neighborhoods will be protected from incompatible uses. Hidden Valley PUD Amendment June 28, 1999 Page 8 Reference: Moskowitz, Harvey S. and Carl G. Lindbloom. 1993. The New Illustrated Book of Development Definitions. Center for Urban Policy Research, New Brunswick, NJ. AMENDMENT TO EXISTING HIDDEN VALLEY PUD STANDARDS The applicant has submitted standards for the redevelopment of the site. This is located in Attachment 6. Staffwill only mention the standards that need to be revised. Permitted Uses: The applicant would like the following to be permitted uses on the site: church/school, office (up to 25,000 sq. t~. of professional and business office, non-retail activity) and residential (assisted living and single family attached not to exceed 8 units per acre) or,oo~o~,~ ,, ..... ~ ....... ,,~ ,,~ ..... Staff suppo~s the church, medium density residential with an office mix and the assisted living use, but feels the office only use is the least compatible. Staff supports the office only in conjunction with a residential mix. This recommendation is indicated in the staff revised development standards in Aflachment 7. The church is the existing use and is the most compatible. This may also include a school. The original site plan included ~mre classroom space so a school would be in keeping with the intent. The assisted living hcility is proposed to be a maximum of 60 units. The ~its are proposed to be a maximum of 500 sq. An assisted living hcility would be a good transition and buffer between the single hmily residential and Lake Drive East. Staff believes that traffic would not be as intense as the churcWschool because most of residents would not be operating/parking vehicles. The facility stuff and family would generate the most parking demand. The zoning ordinance requires 1 space for 2 beds and 1 space for evew 2 employees on the major shffi for nursing homes. However, the ordinance authorizes decreased parking standards for projects that generate decreased parking demands. The parking issue is discussed ~her under "Other Special Conditions." The office/medium density residential mix would offer a transition. A residential use would provide a buffer between the single family dwellings on Hidden Court and an office use. The style of the office buildings would complement the existing neighborhood. The applicant has limited the size of the two office buildings to 15,000 sq. ft. The existing church is approximately 7,300 sq. ft., thus leaving 7,700 sq. ft. for a second building. The buildings are proposed to be one story. To offer the City Council a means of comparison, staff researched the size of existing structures in the City. The Atrium Salon/Einstein Bros. Bagels building is 8,321 sq. ft. and the Edina Realty building is 9,960 sq. ft. Although these are both larger than the proposal, they offer a comparison. Staff is not recommending retail for the site. These buildings were only selected as examples. Hidden Valley PUD Amendment June 28, 1999 Page 9 .... : .... ~ A ~, ~.__ ,t..-, ,.. ........ "~ '-- ' ~ There are two benefits of an office use. The first is that office hours are usually only 8:00 a.m. to 5:00 p.m., Monday through Friday. Secondly, an office might return this parcel to a taxable status. Other Special Conditions: The applicant has specified the setbacks that a possible redevelopment will have to maintain. Staff would like to clarify the required setbacks. The applicant indicates that the property has a rear yard. The site has two front yards because it abuts Lake Drive East and Hidden Court, but no rear yard. However, the ordinance requires a 50 foot setback between both a building and off- street parking and a residentially-zoned property. Along the eastern property line (side yard setback) the existing setback is 30 feet for the parking and 50 feet for the church. The residential setbacks are proposed to be 25 feet by the applicant. However, staff would like to see a minimum of a 30 foot setback which is consistent with the PUD standards. A landscaping buffer area must be located within this setback so staff would like to see it increased by 5 feet. Staff has amended the landscape requirements for the development. Since support has been expressed for the assisted living and office/residential mix, staff would like to require a denser buffer yard. Specifically, staff recommends that as part of the landscaping requirements the applicant shall provided 100 percent of the landscape material required as part of buffer yard "C." The buffer yard shall be a minimum of 20 feet in width. The standards state that structures can be a maximum of two stories. Staffwould like to amend the standards to require that the height of all buildings not exceed 40 feet in height. This does not include accessory structures, which may not exceed one-story in height. Signage is also addressed in the standards. The applicant has revised the standards to permit one, 24 sq. ft. monument sign. This is the maximum size for a monument sign permitted in the 0I, Office and Institutional District. The standards indicate that parking for the church, single family attached or office shall meet dinance equirement ""'~ .... ~: .......... "~TM......... :'~ ..... : ..... ~' ~ ~^ ~'~ ~ .... Hidden Valley PUD Amendment June 28, 1999 Page 10 that parking for the assisted living facility shall be .5 space per dwelling unit with proof of parking to be shown at the time of site plan review. The design standards do not address minimum lot size in the event the property is subdivided. Staff recommends that a minimum of one acre be maintained. This has been noted in the revised standards by the applicant. This will limit the maximum number of total parcels to three. Staff has revised the standards to specify the minimum width at 100 feet and minimum depth 150 feet. TRAFFIC GENERATION Concern has been expressed by staff and the neighbors regarding the traffic generated by the redevelopment of the site. The following table depicts the average daily trip generation rate for each proposed use of the site during a weekday (and Sunday for the church because that is a peak traffic day). The information was obtained from the Institute of Transportation Engineers' Trip Generation Manual 6'h Addition (Attachment 16). Staff has included Elderly Housing Attached, Congregate Care Facility and Nursing Home in place of the assisted living facility because it was not included as a specific use in the manual. TABLE 2 COMPARISON OF TRAFFIC GENERATION BY USE General Land Use Specific Use Code Trip Rate Church Church 560 36.63/1,000 sf of gfa on Sunday 9.11/1,000 sf of gfa on Weekday Office General Office 710 3.32 avg./employee 11.01/1,000 sf of gfa Residential Single Family 210 9.57 avg./dwelling Detached unit Residential 230 5.86 avg./dwelling Townhouse unit Elderly Housing - 253 3.48/occupied Attached dwelling unit Congregate Care 252 2.15 avg./dwelling Facility unit Nursing Home 620 3.24/0c. cUpied bed Hidden Valley PUD Amendment June 28, 1999 Page 11 The table indicates that one single family detached home generates 9.57 average trips, whereas, a congregate dining facility generates 2.15 average trips per dwelling unit on a weekday. The trip generation information cannot provide a clear conclusion. However, it does offer a good basic comparison between the uses regarding traffic generation rates. Staff supports the amendment to the Hidden Valley PUD to permit a church, office and residential mix or assisted living facility and comprehensive plan amendment on Lot I, Block 7. RECOMMENDATION Staff recommends the City Council adopt the following motions: "The City Council approves the amendment to Hidden Valley PUD #85-1 to permit a church, assisted living or office and medium density residential on Lot 1, Block 7, Hidden Valley." "The City Council approves a comprehensive land use plan amendment from Public/Semi-Public to Office Mixed Use on Lot 1, Block 7, Hidden Valley." ATTACHMENTS I. Application 2. Original Family of Christ Church site plan 3. History and Background of Family of Christ Church 4. OI, Office and Institutional District Requirements 5. Section 20-283, Adaptive Reuse of Buildings for Private Use 6. Revised Amendment to Hidden Valley PUD Standards with site drawings prepared by the applicant 7. Staff revised design standards 8. Property Owners List 9. Letters from Neighbors - Updated 10. Memo to City Council from Family of Christ dated May 4, 1999 11. Planning Commission Minutes from April 14, 1999 meeting 12. Trip Generation Supplied by Applicant 13. Assisted Living Facility Definition Supplied by the Applicant 14. Office and Medium Density Residential Plans 15. Real Estate Values Prepared by Kevin Sharkey 16. Trip Generation Manual 17. City Council Minutes from May 10, 1999 meeting 18. Assisted Living Information Supplied by Neighbor g:\plan\ck\plan corem\ftc pud amend.doc 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION TELEPHONE (Day time) ~',.~z/'-z~4",.-,~ 5'5/ TELEPHONE: Comprehensive Plan Amendment Conditional Use Permit 3. Interim Use Permit Non-conforming Use Permit 5. / Planned Unit Development 6.~ Rezoning 7.~ Sign Permits 8..~ Sign Plan Review 9. Site Plan Review 10..~ Subdivision 11. Vacation of ROW/Easements 12. Variance 13.~ ,,. Wetland Alteration Permit 14..~ Zoning Appeal 15..~ Zor=in90rdincnce Amend¢~ent Notification Signs X Escrow for Filing Fees/Attorney Cost** ($50 CUP/S PR/VAC/VAR/WAP/M etes and Bounds, $400 Minor SUB) TOTAL FEE $./,/~ ~. o ,~ A list of all property owners wlthln 500 feet of the boundaries of the property must Included with the application. T~venty.slx full slze folded coples of the plans must be submitted. 8W' X 11" Reduced copy of transparency for each plan sheet. NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. '* Escrow will be required for other applications through the development contract PROJECT NAME LOCATION LEGAL DESCRIPTION PRESENT ZONING REQUESTED ZONING 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. 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 affached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this' application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc, with an estimate pdor 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.. Sk~nature of A~li, ~ ¢ S~t"ure-of Fee Owner Application Received on Date Fee Paid ~ r¢ ~ Receipt No. '..~ The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.. If not contacted, a copy of the report will be mailed to the applicant's address. 0 O, III I1!/!1 L.L.L..L_I.~L.L..~_L ¸_4 ATT-,5(.H Pq T A narrative history of Family of Christ at our Lake Drive location and our rationale for re-zoning this property. Family of Christ Lutheran Church began in early April, 1980. Our first worship service was held on Easter Sunday in historic old St. Hubert's church in what was then downtown Chanhassen. Our use of that church came at a good time for that building because its long-term future was at that point uncertain. Family of Christ leased and maintained the building for nine years and thereby contributed to the preservation of one of the few historic structures in our city. By 1985, however, it was clear that our congregation was outgrow- ing old St. Hubert's and we began a two- year search for suitable property on which to build our own church. At the Buying "Lot 1 Block 7, Hidden Valley Addition" time the MUSA sewer line of buildable vacant land ended at Powers Boulevard. For a time we considered buying 60 acres at the northeast corner of West 78~ Street and Powers BIvd, but we were discouraged both by the cost and by city officials who also directed us away from other commercial, office/institutional, and industrial land. When the Hidden Valley neighborhood was being designed we opened negotiations with the developer, New American Homes, Inc. An advisor from our national church body urged us to buy a site of at least five acres, but in 1986 not one parcel of land of that size or larger was available and affordable - and acceptable for non-profit zoning -- within the sewer tine. The church advisor gave his approval to our purchase of 3.6 acres with reluctance, but city planner Barb Dacy, other city officials at that time, and the developer were enthusiastic. We completed the purchase and began the legal application for approved conditional use as a church within the Planned Unit Development (PUD). Subsequently we learned, in 1997, that this application had never been approved and filed by the City of Chanhassen, though we have documentation that our application and fee had been correctly submitted. This city oversight has been acknowledged by city planning director Kate Aanenson in a letter to us dated December 11, 1997. Even before we began planning and design of the present church we learned of the proposed re-routing of Highway 101. That route would have followed the approximate course of present Lake Drive but it cut both through our property and into the Hidden Valley neighborhood. Our church representatives sided with residents in opposing this design for Highway 101. The land from Hidden Court to Highway 5 and between Erie Avenue in Chanhassen Estates and Great Plains Boulevard would have a much different look and use today if new Highway 101 had been built. -1- Family of Christ's Lake Drive site and building were designed for expansion both to the south (a much larger and permanent sanctuary, plus offices and classrooms) and to the north (classrooms in a one- or two-story design). By 1992 a new Building Committee had been formed to begin designing this expansion. By that time we were conducting three worship services each weekend and our seven small classrooms were not enough for our growing Sunday School attendance. In reviewing growth pro- jections (both of community population Reality bites .... and conservative guesses about church " ' ~ '''~ ~ "~ ' growth) it quickly became clear to the Building Committee that the Lake Drive site was inadequate for Family of Christ's long- term use. Any way that we designed an expanded building on this site, parking was limited to about 150 spaces (we currently have 96). By building code, churches are limited to sanctuary seating of three times the parking capacity. Today church planners and some cities are using the formula of two-to-one because of activity and attendance patterns of today's families. Although three-to-one would permit a sanctuary of our originally-planned capacity of 450, building codes would not allow for any further expansion after that. Parking, code-required green space, surface-water ponding, and set-backs also limited possible building designs and configurations. The Building Committee and Church Council began to realize that while this site would allow for one expansion, it would not allow any more adjustments to accommodate our continued growth. We believe that as the City "~ ~ ~ ~ ~" of Chanhassen and neighboring corn- Unattractive options munities grow in population and as Fam- ' " ~ ily of Christ Lutheran Church continues to develop its outreach, membership, and programs, we need to look further into the future than a single building expansion which could be too small in another ten years. At that point, we feel, trying to sell a 20,000 sq.ft, building designed solely for church use with inadequate off-street parking would be much more difficult than re-zoning now and selling a functional multi-use building with enough open land for taxable development in a variety of uses. Before church leaders recommended the concept of relocation to the membership, we considered many other options: City officials suggested that Family of Christ buy residential properties on the west side of Erie Avenue in Chanhassen Estates. Building a two- or three-level parking ramp on our property. Razing the present building and starting over. -2- · Buying some or all of the land between Lake Drive, Highway 5, and the American Legion and re-routing Lake Drive East. (That land is zoned for commercial/retail use.) · Coming to agreement with buyers/users of that land for shared parking. All these ideas were discussed seriously and eventually discarded because of prohibitive costs, impact to the congregation and the neighborhood, the continued uncertainty of buyers and users of the property across Lake Drive, and the unlikelihood of city approval. Presently Family of Christ ' "' ' ~ " ~ is a congregation approaching 1,000 in A "Seven-Day-a-Week" Church baptized membership and participation. With adequate space, we project a mem- bership within five years of 1,500. In church-planning jargon we are identified as a "mid-regionaF congregation in contrast to a "neighborhood" or a "town" church. We draw families from Waconia & Victoria, Chaska, Excelsior, and western Eden Prairie as well as residents of Chanhassen, of course. Worship attendance during the school year averages 500-525 in four services each weekend. Church School enrollment is between 250 & 275. We are now experiencing the plateau of participation documented in many churches nation- wide when limited by space and delayed in addressing those problems. 80% of the time our 9:30 and 11:00 services are at or above the 185 attendance capacity. We have two Church School sessions on Wednesday evenings and three on Saturday and Sunday. We sometimes must turn down requests from community groups (and double- booked our own church groups) for space on week nights and Saturdays because of our scheduled activities. Our desire for more building space is because we are often a seven-day-a-week church. Even if we were to continue at our Lake Drive site, this level of activity (and its traffic and outdoor activity) would continue to increase. Current church planners are recommending that suburban churches with attractive programs, outreach, music, and worship activities "buy big" when purchasing land or relocating. Westwood Community Church is completing purchase of 40+ acres in Chanhassen. In Lakeville and Maple Grove churches are buying 30- and 40-acre parcels adjacent to their current properties, all tax-exempt. Family of Christ does not have the financial resources to make such purchases, but even if we did there are few properties of that size in the Highway 5 corridor which are traffic-visible and accessible and not zoned in the highest-taxed category, commercial/retail. Given the current climate of tax-concern in city government, we don't believe either citizens or city council are receptive to removing large blocks of land from taxable status. It was after a search of two years that we found a piece of property east of Bluff Creek School and the Chanhassen Recreation Center. Negotiating a purchase -3- agreement (which included legally-binding shared-parking easements with other even- tual users of adjacent sites) and getting city approval for our church relocation onto that PUD took 33 months. We believe our relocation to the Bluff Creek property is good stew- ardship of our church resources and good citizenship in our community. Good stewards, Good citizens I I I We'll return these 3.6 acres of land/building to taxable status while removing only a little more than that, 5.77 acres, at Bluff Creek ' We'll be able to move forward in developing a long-hoped-for preschool and daycare facility considered for the Lake Drive site but postponed. In a space-starved community we can provide more room for non-church children's and adult groups (e.g. AA, Alanon, scouts, 4oH, ECFE, etc.) The Bluff Creek site will allow for our eventual build-out of 60,000 sq.ft. and provide up to 500 shared parking spots -- space adequate far into the future. If we're going to spend $2-$3 million of the congregation's money in a building project, the most prudent investment is in property usable for the long-term. In late 1997 we began to advertise for the sale of our present building and site. For almost a year we tried to market the property ourselves. In late 1998 we contracted with Brad Johnson of Lotus Realty for advice and direction. A number of existing or start-up congregations have been interested in buying our present church but they have been unsble to afford it. The property was appraised in early 1997 at $1 million (the value of the land and the depreciated value of the 7,300 sq.ft, building). While we are willing to sell for less than the appraised value we do not believe it is fiscally responsible to the members of our congregation to sell at less than half the value. As does every family, our church family must manage its financial affairs prudently. To finance the new church building we have interviewed and applied at several lending institutions which his- torically have made favorable deals with Lutheran congregations. (Commercial institutions rarely are so generous to I I For Sale: 7300 sq.ft. Building 3.6 acres Land I'll II churches.) At this time the institution with the best financing and the willingness to make the largest loan is the Mission Investment Fund of the Evangelical Lutheran Church in America (ELCA). In order to protect its own investment and to keep congregations from over-extending, a hard-and-fast requirement of this fund is that the sale of present church property be closed before construction begins. In 1998 we negotiated and nearly completed a sale with a buyer who planned to construct two additional office buildings on this property. We were uncom- fortable over what we felt was that buyer's lack of interest in discussing his plans with our neighbors before approaching the planning commission for re-zoning, but the deal fell through mainly because of other factors, including price. At the present time we have a letter of intent and we expect a purchase agreement shortly from a buyer who will allow us to lease-back the church until we're ready to occupy the new building. Conditions of this agreement include (a) a purchase agreement between that buyer and a second party who will buy the property when we leave, and (b) re-zoning of this property to allow the second buyer to complete the purchase and to develop the property. Because the start of our ~ new construction is dependent upon the Together, we can make this work close of the sale of our Lake Drive prop- ' ~ ' ' ' '" erty, and that sale depends upon suc- cessfully re-zoning this property, it is important that we have the support of our neigh- bors as we approach the city planning commission and city council. We believe that the second buyer has envisioned a development on this site consistent with the Iow- impact use our church has made of this site --perhaps even lower-impact than would be true if our church expanded fully on this site and expanded its children's, daytime, and weekend programs to maximum. As our community grows and changes so do our churches and other public institutions, our business, residential, and commercial neighborhoods. By planning carefully in support of our neighbors, Family of Christ intends to keep serving Chanhassen's families. By working together, our neighbors and our church 'members can find agreeable solutions that let us move ahead with our plans and results in a positive benefit to the neighborhood and this good community. Nate Castens, pastor O = 934-5659 H = 934-7870 Randy Koepsell, building committee co-chair O = 828-7901 H = 934-1091 -5- vlotkq SUMMARY POINTS RE FAMILY OF CHRIST SALE TRANSACTION REGARDING SALE OF EXISTING FACILITY AND CONSTRUCTION OF NEW CHURCH 1. Land for new Church has been purchased and plans for construction of new church have been approved by the City. Commitment for financing the construction of the church has been obtained. 2. The terms of the commitment fi.om the ELCA to finance the new church require that the closing on the existing church site must have been completed prior to funding the loan for the new construction. 3. In order to accomplish the closing on the existing site prior to commencement of construction on the new site, one of two things must occur: a. A buyer must be obtained who is willing to wait to occupy for the period of time it will take to construct the church, approximately 18 months, or b. The church must vacate the building when it is sold and find temporary space during the construction period. The church's preference was to find a buyer, due not only to the disruption to its activities resulting from occupying temporary space, but due also to the fact that there is virtually no temporary space available in Chanhassen which would meet the church's needs. 4. Lutheran Brotherhood has agreed to purchase the church, hold it for the 18-month construction period and lease it back to the church during that period; however, Lutheran Brotherhood's agreement to purchase is conditioned on their having a viable take-out purchase agreement which would be scheduled to close at the end of the 18-month period. 5. A group of investors has been put together to enter into a purchase agreement with Lutheran Brotherhood which will take Lutheran Brotherhood out; however, the investor group's letter of intent requires that there be a minimum number of alternatives available to them. They have agreed that Assisted Living and Office will satisfy that requirement. They would also accept High-density Residential and Office. Because of the investor group's condition requiring the zoning alternatives, Lutheran Brother's agreement also includes that requirement. 6. With only the assisted living alternative, there is too much risk on the part of the investors to proceed to enter into the agreement with Lutheran Brotherhood even if it had a purchase agreement with an assisted living group which would predictably be conditioned on site plan vlotkq approval. Much could happen in 18 momhs. For example, another assisted living group could enter our market, satisfying the need and making the few units available on this site uneconomical. 7. To satisfy the investor group and Lutheran Brotherhood if only assisted living were available, the assisted living user, at a minimum, would have to proceed through site plan approval prior to any closing between Lutheran Brotherhood and Family of Christ. This results in two undesirable effects: a. The church's construction is delayed for one whole school year. b. One of the benefits of the rezoning application by the Church is that the Church is in control of its destiny. Under the above scenario, its destiny is in the hands of the quality and timing of the application by a third party and that benefit would be lost. ~o~q OBSERVATIONS AND CONCLUSIONS REGARDING COMPARISON OF ZONING FOR FAMILY OF CHRIST CF. OTHER CHURCHES IN CHANHASSEN The staff report for the P.C meeting on 4/21/99 regarding Family of Christ Lutheran Church's application for an amendment to PUD #85-1 lists the following churches and their underlying zoning as follows, our comments are in the right-hand column: St. Hubert's PUD This PUD is a mixed-use PUD with the St. Hubert's site being guided Institutional, which as the staff report states includes hospital, library, educational services, etc. St. Hubert's has expansion space available and while it is unlikely that St. Hubert's will outgrow this space any time soon, there are only two or three single family homes which are adjacent to the site and the primary source of neighborhood concern would be from the adjacent office, retail and multi-family housing users, which would be less likely to object to converting the St. Hubert site to uses similar to those in the balance of Village on the Ponds. Temple of Ek RSF/CUP Due to the size of this parcel and the fact that a vast majority of the site abuts Lake Ann Park, the Highway #5 Frontage Road and Powers Blvd., there is little doubt that this property could be anticipated to be rezoned to a higher use including not only office, but commercial as well. Holy Cross Lutheran RSF Due to its location in a residential area, adaptive reuse of this site as an office would likely meet with neighborhood opposition such as that experienced by Family of Christ. Colonial Church OI at Heritage Square This property already has the OI designation. Family of Christ PUD (new site) This is an Office or Industrial PUD. The likelihood of converting this one parcel within the PUD which has been designated Institutional would seem to be good. Lutheran Church of OI the Living Christ This property already has the OI designation. vlotkq Chapel Hill OI This property already has the OI designation. Kingdom Hall of Jehovah's Witness PUD/IOP Due to its location within in an existing IOP PUD, it would seem likely that adaptive reuse of this facility as an office would be predictable. CONCLUSION: With one exception, the Family of Christ congregation is the only church in Chanhassen with virtually no predictable adaptive re-use available to them. Zoning has the effect of establishing the market value of all properties. The lack of alternative uses imposed by the lack of available zoning for this site has a definitive negative effect on the value of this parcel and Family of Christ believes that its compromise request of Assisted Living and Office, rather than the whole list of permitted uses under OI should be approved. The fact that a substantially larger office complex has been approved across the street from the Family of Christ church only adds to the appropriateness of the church's request. The realization of this office project will substantially change the character of this immediate neighborhood. The frontage road will be busy and there will be an office atmosphere rather than a church/residential or assisted living/residential atmosphere inasmuch as the size and activity of the office area will overshadow the activity on the church's smaller site. A further argument which has not been ex'tensively pursued by the applicant, but which cannot be ignored by the City is the economical impact of this request, While both assisted living and office users will pay real estate taxes, the amount of real estate taxes paid by an office substantially exceeds that which is paid by assisted living users. The City cannot afford to overlook that comparison. In addition, each of the occupants of the office building will predictably eat lunch and shop in Chanhassen, whereas, the occupants of an assisted living facility are basically 'house-bound', will do very little shopping and will have most of their meals brought to them. The staffing is limited so their lunches and shopping will have a far lesser economic impact on the City. Family of Christ believes that the prudent planning practice by the City should be to encourage an office use for this site. ZONING § 20-791 d. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. e. Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses. In these areas, a fi/by-foot buffer yard is to be provided where the interface occurs along a public street, a one-hundred-foot buffer yard is required where the interface occurs on internal lot lines. The buffer yard is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to ma.~mize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shah be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conserTation easement running in favor of the ciO: In instances where existing topoo~raphy and/or vegetation provide buffering satisfactory to the ci~, or where quality, site planning is achieved, the city may reduce buffer yard requirements by up to fifty (50) percent. The applicant shall have the full burden of demonstrating compliance with the standards herein. (Ord. No. 80, Art. V, § 14(15-14-4), 12-15-86; Ord. No. 94, §§ 1, 5, 7-25-8S; Ord. No. 136, §§ lA, lB, 1-28-91) Sec. 20-775. Interim uses. The following are interim uses in the "BF" District: (1) Churches. (2) Reserved. (3) Screened outdoor storage. (Ord. No. 120, § 3, 2-12-90; Ord. No. 164. § 1, 2-24-92: Ord. No. 243, § 12, 2-13-95) Secs. 20-776--20-790. ~~ ~XXI. "OI" OFFICE AND INSTITUTIONAL DISTRICT Sec. 20-791. Intent. The intent of the "0I" Distrqct is to pro~"ide for public or quasi-public nonprofit uses and professional business and administrative offices. (Ord. No. 80, .Art. V, § 15(5-15-1), 12-15-86) Supp. No. 9 1232.1 § 20-792 CHANHASSEN CITY CODE Sec. 20-792. Permitted uses. The (1) (2) (3) (4) (5) (6) (?) (8) (9) (lO) (11) (12) (13) (14) (15) following uses are permitted in mu "or' District: Schools. Churches. Public buildings. Post office. Fire station. Library. Museum. Health services/hospitals. Nursing homes. Community center. Public recreational facilities. Utility services. Professional, business, and administrative offices° Funeral homes. Commercial antennas as regulated by article XXX of this chapter. (Ord. No. 80, ,~-t. V, § 15(5-15-2), 12-15-86; Ord. No. 259, § 25, 11-12-96) Sec. 20-793. Permitted accessory, uses. The following are permitted accessory uses in an "OI" District: (1) Parking lots. (2) Signs. (3) Temporary outdoor sales (subject to the requirements of section 20-290). (Ord. No. 80, Art. V, § 15(5-15-3), 12-15-86; Ord. No. 243, § 13, 2-13-95) Sec. 20-794. Conditional uses. The following are conditional uses in the "OI" District: (1) Adaptive reuse of vacant public or private school buildings for private business uses. (2) Commercial towers as re,later by article ~ of this chapter. (Ord. No. 80, Art. V, § 15(5-15-4), 12-15-86; Ord. No. 259, § 26, 11-12-96) State law reference--Conditional uses, M.S. § 462.3595. Supp. No. 9 1232.2 ZONING § 20-811 Sec. 20-795. Lot requirements and setbacks. The following minimum requirements shall be observed in an "OI" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is fif%een thousand (15,000) square feet. (2) The minimum lot frontage is seventy-five (75) feet, except that lots fronting on a cud-de-sac shall have a minimum lot frontage of sixty (60) feet. (3) The minimum lot depth is one hundred fifty (150) feet. (4) The maximum lot coverage is sixty-five (65) percent. (5) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in sections 20-1191 and 20-1192 pertaining to landscaping require- ments. b. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. c. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. d. The minimum setback is twenty-five (25) feet for side street side yards. The maximum height is as follows: a. For the principal structure, two (2) stories. b. For accessory structures, one (1) story. Minimum setback requirements: a. For front yards, thirty-five (35) feet. b. For rear yards, thirty (30) feet. c. For side yards, fifteen (15) feet. d. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. (Ord. No. 80, Art. V, § 15(5-15-5), 12-15-86; Ord. No. 94, §§ 1, 6, 7-25-88) i-(6) (7) Secs. 20.796-.-20-810. Reserved. ARTICI,E XXII. '~IOP" INDUSTRIAL OFFICE PARK DISTRICT Sec. 20-811. Intent. The intent of the "lOP" Distr/ct is to provide an area identified for large scale light industrial and commercial planned development. (Ord. No. 80, Art. V, § 16(5-16-I), 12-15-86) Supp. No. 9 1232.3 ZONING § 20-284 (4) Stacking areas deemed to be appropriate by the city shall meet parking setback requirements. (5) No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all-terrain vehicles. (6) Disposal of waste oil shall comply with PCA regulations. Facilities for the collection of waste oil must be provided. (7) Gas pumps and/or storage tank vent pipes shall not be located within one hundred (100) feet of any parcel zoned or guided for residential use. (8) A minimum separation of t~vo hundred fifty (250) feet is required between the nearest gas pumps of individual parcels for which a conditional use permit is being requested. (Ord. No. 80, Arc. V, § 17(5-17-1(1)), 12-15-86; Ord. No. 116, § 3, 1-22-90) Editor's note--Prior to amendment by Ord. No. 116, § 3, adopted Jan. 22, 1990, § 20-282 pertained to automotive service station. Sec. 20-283. Adaptive reuse of buildings for private business use. _~) Adaptive reuse of surplus or vacant public or private buildings for private business uses are subject to the following criteria: (1) Only nonretail business uses shall be permitted and all such uses shall be conducted only within an existing building; no outdoor storage or other outdoor business actis~ities shall be permitted on the property except accessory parking and loading, and the use of the premises for recreational activities for which such facilities are designed. (2) Exterior alteration, except for approved signage, which indicates from the exterior that the building is being utilized for other than educational purposes shall be prohibited. (3) No noxious or offensive trades, services or activities shall be conducted within the building nor shall anything be done on any site which may be or become an annoyance or nuisance to the adjoining neighborhood by reason of unsightliness or excessive emission of odors, fumes, smoke, vibration, dirt, dust, glare, wastes or noise. (4) Business identification signage shall be limited to one (1) business directory-type sign which identifies only the names of businesses located within the building. (5) Off-street parking spaces and loading facilities shall be provided for each use, in a manner consistent with the minimum parking and loading requirements in this chapter for each specific use. In no case shall amy existing par'king or loading area be enlarged unless specifically approved by the issuance of a conditional use permit. (Ord. No. 80, ~rt. V, § 17(5-17-1(3)), 12-15-86) Sec. 20-284. Drive-through bank facilities. Drive-through bank facilities and stacking areas shall be subject to the following require- ments: (1) They shall not be located adjacent to any residential lot lines. Supp. No. 9 1181 AMENDMENT TO EXISTING PUD Regarding Lot 1, Block 7, Hidden Valley (Family of Christ Lutheran Church) The purpose of this amendment to the existing PUD is to provide specific alternatives for the use of Lot 1, Block 7, Hidden Valley, consisting of 3.67 acres ("the Property") as follows: Permitted Uses: Church Including church-sponsored school. Office Professional and business office, non-retail activity except for showroom type display area for products stored or manufactured on-site provided that no more than 20% of the floor space is used for such display and sales. The size of the office building(s) shall be limited to: A. A total of 25,000 s.f if the entire site is developed as office use, or B. A total of 18,000 s.f. if the southern portion of the site is improved with 12 single family attached units. Residential A, Assisted living at a density not to exceed 60 units at a maximum size of 500 square feet per unit, or B. Single family attached at not to exceed 8 units per acre All other uses shall be prohibited. If there is a question as to whether or not a use meets the above definition, the Planning Director shall make the interpretation. Development Plans: The Property shall be developed in accordance with the following plans. With the exception of Plan C, the plans may be prepared, subject to City approval, in conjunction with Site Plan approval for a specific use and must be prepared and approved before commencement of the construction of any improvements on the site. Plan A: Plan B: Plan C: Plan D: Plan E: Grading, Drainage and Erosion Control Plan Site Plans Concept Landscape Plan for Peripheral Buffering Area Final Landscape Plan for Peripheral Buffering Area Landscape Plan for Balance of Property v~otl~ Improvements: The developer of the Property shall install and pay for the following: A. Storm Water Drainage System, which provides parking lot catch basins which will feed into the existing intake with no sediment or holding pond to be created on site. B. Landscaping and Site Restoration Other Special Conditions: The applicant will be required to enter into a Development contract with the City and provide the necessary financial seeutity and administration fees to guarantee compliance with the conditions of approval. 2. Setbacks: The following setbacks shall apply: Side lot lines: Building - Office 50' Parking As currently exists; no - Res. 25' additional parking Lake Drive: Building 35' Parking 25' Hidden Ct.: Building - Res. 25' Parking 35' Interior lot lines: In the event the Property is subdivided, there shall be a zero setback requirement provided the requirements of City Code are met either through access easements or satisfactory Party Wall Agreements, .. Landscape requirements within the buffeting areas are as set forth on the Concept Landscape Plan for Peripheral Area Dated March 19, 1999. The Concept Plan shall be used as a guide. A Final Landscape Plan for Peripheral Buffering Area shall be submitted as a part of the Site Plan review process and shall incorporate the following: All open areas shall be landscaped, rockscaped or covered with plantings or lawn material. The existing landscaping as labeled on the Plan C shall remain the same. There shall be landscaped, undulating berms at the rear, south and Hidden Court lot lines at the locations depicted on Plan C. The height of the berming shall range generally from approximately 965 feet as shown at the Site Section line to approximately 958 feet at the southeast comer of the site. Because the elevation of the Property is higher than the adjacent residential properties to the east, the highest berming shall be in that area. The height of the berm leading from the southeast comer to the intersection with Hidden Court and from the existing berm at the south edge of the driveway along Hidden Court shall undulate and be sloped so as to accommodate the height of the existing catch basin as shovm on Plan C. Selection of species of plant materials and spacing thereof along the berms shall be made at the time of preparation and approval of Plans D and E and shall be vlotkp o made to complement the species used in adjacent landscaping as well as that used in Plans D and E, except that the spacing of plant materials on the berms which are behind adjacent residential properties to the east shall be at a density which will discourage pedestrians from standing on the berm and viewing down into the resident's yards and homes. Development Site Coverage and Building Height. a. The standard for hard surface coverage is 65%. b. More than one principal structure may be placed on the Property. The maximum building height shall be two stories or 40 feet. One steeple shah be permitted if the use includes a church. There is no maximum height restriction for the steeple. Building Materials and Design The intent is to create improvements which are compatible with the residential character of the immediate neighborhood and with the style and materials used in the existing church improvements. Any sketches or elevations submitted along with this application are schematic only and are not intended to be representative of any future improvements. Only the elevations submitted at Site Plan approval application will govern the construction of future improvements. All materials shall be durable and of high quality. Major surfaces of all walls shall be face brick, stone, glass, stucco, architecturally treated concrete, cast in place panels, decorative block, cedar siding, vinyl siding in conjunction with support materials, or other approved low maintenance material equivalent as determined by the City. Color may be introduced through colored block or panels and not painted block or brick. Block shall have a weathered, polished, or broken face. Exposed cement ("cinder") blocks shall be prohibited. Ali accessory structures shall be designed to be compatible with the primary structure. All roof-mounted equipment shall be screened by walls of compatible-appearing material. Wood screen fences are prohibited. All exterior process machinery, tanks, HVAC and mechanical equipment shah be fully screened with compatible materials. The buildings shall have interesting detailing compatible with the character of the immediate area. All walls shall be given architectural interest through building design or appropriate landscaping; there shall be no underdeveloped backsides of buildings. vlotkp Architecturally aesthetic parapets and sloped roofs, or the appearance of sloped roofs when viewed from the sides of the buildings, shall be permitted. Provided this requirement is met and provided all roof mounted equipment is screened, there shall be no limitation as to the amount of non-sloped area when viewed from above any building. Trash collection areas shall be screened and shall be considered an "accessory structure" as described above and shall not be permitted within the rear or side buffering areas. Access· No access will be permitted offHidden Lane. The number and location of access points offLake Drive shall be determined at Site Plan approval. 8. Storage. No outdoor storage shall be permitted. Signage. A sign plan shall be submitted as part of the Site Plan review process. One Project sign shall be permitted on Lake Drive. The sign shall not exceed 24 square feet in sign display area and shall not exceed five feet in height. 10. Lighting. Lighting of the parking and peripheral areas shall use fixtures and shields which direct the light away from adjacent residential areas. Light poles shall be limited to a height of 20'. 11. Parking. All parking shall be surface parking. The parking stall requirement shall be: Church and/or Church and School: Office: Assisted Living: Single family attached: Per City Code Per City Code · 5/Unit, conditioned upon satisfactory proof of adequate parking Per City Code In the event the City approves of an agreement, and such an agreement is entered into, which provides for the sharing of parking among and between the owner of the Property and the owner(s) of nearby properties, the number of parking stalls required on the Property shall be reduced in accordance with the terms of said agreement and the combined number of available parking stalls shall therefore permit an increase in the size of the building to be constructed on the Property. 12. Lot Area. The minimum lot area shall be one (1) acre. The minimum lot frontage shall be 100 feet and minimum lot depth 150 feet. Except for the provision for Church usage within the PUD, the requirements of this amendment to the PUD shall not be in effect until such time as a Site Plan is approved for construction of an addition or additions to the existing Church building or the demolition of the existing church building and the construction of new improvements on the Property. vlotkp ;ECTIC ',1 STAFF REVISED The standards have been revised. All new information is in bold and outdated information has been struck through. DEVELOPMENT STANDARDS FOR Lot 1, Block 7, Hidden Valley (Family of Christ Lutheran Church) The purpose of this amendment to the existing PUD is to provide specific alternatives for the use of Lot 1, Block 7, Hidden Valley, consisting of 3.67 acres ("the Property") as follows: Permitted Uses: Church Including church sponsored school. Office Professional and business office, non-retail activity ~ ~.~. ...... ~.~.." -.~..~;~ ..... .~.~ ~..~"~'~ only in conjunction with residential development. The size of the office building(s) shall be limited to: A A total 0f25 000 o c ;r+h~ ~+1~ ~;+~ 1o ~ .... l~A .~ ~rg~.. ~ A total of~ 15,000 s.f. if the southern potion of the site is improved with ~ single hmily attached units. Residential A. Assisted living at a density not to exceed 60 units at a maximum size of 500 square feet per unit, or B. Single family attached not to exceed 8 units per acre. All other uses shall be prohibited. If there is a question as to whether or not a use meets the above definition, the Planning Director shall make the interpretation. Development Plans: The Property shall be developed in accordance with the following plans. With the exception of Plan C, the plans may be prepared, subject to City approval, in conjunction with Site Plan approval for a specific use and must be prepared and approved before commencement of the construction of any improvements on the site. Plan A: Grading, Drainage and Erosion Control Plan Plan B: Site Plans Plan C: Concept Landscape Plan for Peripheral Buffering Area Plan D: Final Landscape Plan for Peripheral Buffering Area Plan E: Landscape Plan for Balance of Property Improvements: Hidden Valley Design Standards Page 2 A. Storm Water Drainage System, which provides parking lot catch basins which will feed into the existing intake with no sediment or holding pond to be created on site. B. Landscaping and Site Restoration Other Special Conditions: The applicant will be required to enter into a Development contract with the City and provide the necessary financial security and administration fees to guarantee compliance with the conditions of approval. 2. Setbacks: The following setbacks shall apply: Side lot lines: Building Office 50' Parking As currently exists; no Res. 25'30' additional parking Lake Drive: Building 35' Parking 25' Hidden Ct.: Building Res. g-52 30' Parking 35' Interior lot lines: In the event the Property is subdivided, there shall be a zero setback requirement provided the requirements of City Code are met either through access easements or satisfactory Party Wall Agreements. ° Landscape requirements within the buffering areas are as set forth on the Concept Landscape Plan for Peripheral Area Dated March 19, 1999. The Concept Plan shall be used as a guide. A Final Landscape Plan for Peripheral Buffering Area shall be submitted as a part of the Site Plan review process and shall incorporate the following: ao All open areas shall be landscaped, rockscaped or covered with plantings or lawn material. The existing landscaping as labeled on the Plan C shall remain the same. bo There shall be landscaped, undulating berms at the rear, south and Hidden Court lot lines at the locations depicted on Plan C. The height of the berming shall range generally from approximately 965 feet as shown at the Site Section line to approximately 958 feet at the southeast comer of the site. Because the elevation of the Property is higher than the adjacent residential properties to the east, the highest berming shall be in that area. The height of the berm leading from the southeast comer to the intersection with Hidden Court and from the existing berm at the south edge of the driveway along Hidden Court shall undulate and be sloped so as to accommodate the height of the existing catch basin as shown on Plan C. Selection of species of plant materials and spacing thereof along the berms shall be made at the time of preparation and approval of Plans D and E and shall be made to complement the species used in adjacent landscaping as well as that used in Plans D and E, except that the spacing of plant materials on the berms which are behind adjacent residential properties to the east shall be at a density which Hidden Valley Design Standards Page 3 will discourage pedestrians from standing on the berm and viewing down into the resident's yards and homes. Co As part of the bufferyard requiredments, the applicant shall provide 100 percent of the landscape material required as part of bufferYard "C." The bufferyard must be a minimum of 20 feet in width. 4. Development Site Coverage and Building Height. a. The standard for hard surface coverage is 65%. b. More than one principal structure may be placed on the Property. The maximum building height shall be two stories or 40 feet. One steeple shall be permitted if the use includes a church. There is no maximum height restriction for the steeple. 5. Building Materials and Design ao The intent is to create improvements which are compatible with the residential character of the immediate neighborhood and with the style and materials used in the existing church improvements. Any sketches or elevations submitted along with this application are schematic only and are not intended to be representative of any future improvements. Only the elevations submitted at Site Plan approval application will govern the construction of future improvements. bo All materials shall be durable and of high quality. Major surfaces of all walls shall be face brick, stone, glass, stucco, architecturally treated concrete, cast in place panels, decorative block, cedar siding, vinyl siding in conjunction with support materials, or other approved low maintenance material equivalent as determined by the City. Color may be introduced through colored block or panels and not painted block or brick. Block shall have a weathered, polished, or broken face. Exposed cement ("cinder") blocks shall be prohibited. C° All accessory structures shall be designed to be compatible with the primary structure. do All roof-mounted equipment shall be screened by walls of compatible-appearing material. Wood screen fences are prohibited. All exterior process machinery, tanks, HVAC and mechanical equipment shall be fully screened with compatible materials. eo The buildings shall have interesting detailing compatible with the character of the immediate area. All walls shall be given architectural interest through building design or appropriate landscaping; there shall be no underdeveloped backsides of buildings. Hidden Valley Design Standards Page 4 Architecturally aesthetic parapets and sloped roofs, or the appearance of sloped roofs when viewed from the sides of the buildings, shall be permitted. Provided this requirement is met and provided all roof mounted equipment is screened, there shall be no limitation as to the amount of non-sloped area when viewed from above any building. Trash collection areas shall be screened and shall be considered an "accessory structure" as described above and shall not be permitted within the rear or side buffering areas. o Access. No access will be permitted off Hidden Lane. The number and location of access points off take Drive shall be determined at Site Plan approval. 8. Storage. No outdoor storage shall be permitted. ° Signage. A sign plan shall be submitted as part of the Site Plan review process. One Project sign shall be permitted on Lake Drive. The sign shall not exceed 24 square feet in sign display area and five feet in height. 10. Lighting. Lighting of the parking and peripheral areas shall use fixtures and shields which direct the light away from adjacent residential areas. Light poles shall be limited to a height of 20'. 11. Parking. All parking shall be surface parking. The parking stall requirement shall be: Church and/or Church and School: Office: Assisted Living:. Single Family Attached: Per City Code Per City Code 5/Unit, conditioned upon satisfactory proof of adequate parking Per City Code In the event the City approves of an agreement, and such an agreement is entered into, which provides for the sharing of parking among and between the owner of the Property and the owner(s) of nearby properties, the number of parking stalls required on the Property shall be reduced in accordance with the terms of said agreement and the combined number of available parking stalls shall therefore permit an increase in the size of the building to be constructed on the Property. 12, Lot Area. The minimum lot area shall be one (1) acre. The minimum lot frontage shall be 100 feet and lot depth 150 feet. Except for the provision for Church usage within the PUD, the requirements of this amendment to the PUD shall not be in effect until such time as a Site Plan is approved for construction of an addition or additions to the existing Church building or the demolition of the existing church building and the construction of new improvements on the Property. NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, APRIL 21, 1999 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE 3ROPOSAL: Request for PUD APPLICANT: Family of Christ Lutheran Church Amendment to Rezone Property LOCATION: 275 Lake Drive East qOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants, Family of Christ Lutheran Church requesting an amendment to the Hidden Valley PUD :o allow church facilities, assisted living facilities or offices as permitted uses and to incorporate ~pecific design parameters for future development of Lot 1, Block'7, Hidden Valley on property ocated south of Lake Drive East and east of Hidden Court, 275 Lake Drive East. Nhat Happens at the Meeting: The put ose of this .... -teveloper's request and to obtain ina t fmPm ,~,- __:_?~ub!ic he. ar?g ,s t.o ,nform you about the · neetin , the Commi ,-,,, r,~,.,, .... ,,, ,p~u~ ...... _""-' ?~'gn~o. rn0.od aoout th~s project. During e g ss ....,.,.,-,,, v,,,,, ,~ad the pubhc hearing through the following steps: th Staff will give an overview of the proposed project. The Developer will present plans on the project. Comments are received from the public. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. .,.huestions and Comments: If you want to see the plans before the meeting, please stop by City -Jail during office hours. 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to ;omeone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to ubmit written comments, it is helpful to have one copy to the department in advance of the meeting. ;taft will provide copies to the Commission. of this public hearing has been published in the Chanhassen Villager on April 8, 1999. !otice .................... usa template for 5160® K!RT PROPERTIES-GARY KIRT !000 SHELARD PARKWAY, SUITE 500 MINNEAPOLIS. MN 55426 BUD WALKER 8018 DAKOTA AVENUE CHANHASSEN, MN 55317 CHARLES HUNTSBERRY :~016 DAKOTA AVENUE CHANHASSEN. MN 55317 PAUL O. PUNT 8014 DAKOTA AVENUE CHANHASSEN, MN 55317 ,=ALIL C OOELL 8012 DAKOTA AVENUE CHANHASSEN, MN 55317 CURRENT RESIDENT 80'~ 0 DAKOTA AVENUE CHANHASSEN, MN 55317 TONV ~ACHMAN 8008 DAKOTA AVENUE CHANHASSEN. MN 55317 JOHN & DONNA SOLBERG 8006 DAKOTA AVENUE CHANHASSEN, MN 55317 GERALD WASSINK 8004 DAKOTA AVENUE CHANHASSEN, MN 55317 MICHAEL KRAINES & JULIE SONDERUP 8002 DAKOTA AVENUE CHANHASSEN, MN 55317 RAYMOND JEZIERSKI 8013 DAKOTA CIRCLE CHANHASSEN, MN 55317 RONALD OLSON 8015 DAKOTA CIRCLE CHANHASSEN. MN 55317 CHARLES H. ANGELO 8017 DAKOTA CIRCLE CHANHASSEN, MN 55317 CLARK E CUMMINGS 8019 DAKOTA AVENUE CHANHASSEN, MN 55317 AMY & GERALD KVANT 8036 DAKOTA LANE CHANHASSEN. MN 55317 DANIEL .HELD ;3038 OAKOTA LANE CHANHASSEN. MN 55317 GERALD CARSON 8039 ERIE AVENUE CHANHASSEN, MN 55317 MARK LAASER 8037 ERIE AVENUE CHANHASSEN, MN 55317 MICHAEL BRINDISI 8035 ERIE AVENUE CHANHASSEN. MN 55317 DAVID KAWLEWSKI 8033 ERIE AVENUE CHANHASSEN, MN 55317 STEPHANIE/DAVE HATTEBERG 8031 ERIE AVENUE CHANHASSEN. MN 55317 PATRICIA PETERSON 8029 ERIE AVENUE CHANHASSEN, MN 55317 RONALD A. JENSEN 8027 ERIE AVE CHANHASSEN, MN 55317 ALLAN NELSON 8025 ERIE AVENUE CHANHASSEN, MN 55317 ANNE THOMPSON 8000 DAKOTA AVENUE CHANHASSEN. MN 55317 TERRANCE THOMPSON SR 3820 L~NDEN CIRCLE EXCELSIOR, MN 55331 TERRANCE THOMPSON 3820 L~NDEN CIRCLE EXCELSIOR, MN 55331 LYNETTE ROSS 8004 ERIE AVENUE CHANHASSEN, MN 55317 BOB PAULSON 8006 ERIE AVENUE CHANHASSEN, MN 55317 CRAIG KESSEL KPM CORP 7300 METRO BLvo SUITE 560 EDINA, MN 55439 use ~emptate ~o~ 5160® !ALD SMITH ' ERIE AVENUE NHASSEN, MN 55317 WILLIAM WEBER 8034 ERIE AVENUE CHANHASSEN, MN 55317 PAUL & MICHELLE HAIK 261 HIDDEN LANE CHANHASSEN, MN 55317 ENN & M. SHEA · ERIE AVENUE NHASSEN, MN 55317 MARY& ROBERT HARREL 8036 ERIE AVENUE CHANHASSEN, MN 55317 TOM BOTAMER 8020 HIDDEN COURT CHANHASSEN, MN 55317 NY PETERSEN ;ERIEAVENUE .NHASSEN, MN 55317 GARY OLSON 8038 ERiE AVENUE CHANHASSEN, MN 55317 JEAN & BRIAN STECKLING 8040 HIDOEN COURT CHANHASSEN, MN 55317 VEN M. WENTZEL ~ERIE AVENUE NHASSEN, MN 55317 CLAY UHLENHAKE 8040 ERIE AVENUE CHANHASSEN, MN 55317 KEVIN BECKER 8060 HIDDEN COURT CHANHASSEN, MN 55317 ELLORINSER ER~EAVENUE ~HASSEN, MN 55317 GERALD L FISCHER 8042 ERiE AVENUE CHANHASSEN, MN 55317 ,;ON STECKMAN 8080 HIDDEN COURT CHANHASSEN. MN 55317 :L2 HERRMANN ERiE AVENUE !HASSEN. MN 55317 SHANNON & SHERRIE MCCLARD 8030 HIDDEN CIRCLE CHANHASSEN, MN 55317 KAREN & STEVE KLINSING 8090 HIDDEN COURT CHANHASSEN, MN 55317' LEv. j. jOHNSON :_RIE AVENUE HASSEN. MN 55317 LAUREN KO.P' P 8020 HIDDEN CIRCLE CHANHASSEN, MN 55317 JAIME DRAHOZAL 809! HfDDEN COURT' CHANHASSEN, MN 55317 N WADE :RIEAVENUE ~ASSEN, MN 55317 TON.v PAVLOVICI-~ ,..,IR,,.,,_,_ 8010 HIDDEN '* '"' = CHANHASSEN, MN 55317 ROBERT w STOF.CER 8081 ~,IDDEN COURT CHANHASSEN, MN 55317 4 LOOS ':lie AVENUE tASSEN, MN 55317 DAVID JOSSI 250 HIDDEN LANE CHANHASSEN, MN 55317 STAN LESTER 8061 HIDDEN COURT CHANHASSEN, MN 55317 & DONNA KIRKPATRICK ~IE AVENUE ASSEN, MN 55317 KEITH & DELORES BLATZHEIM 271 HIDDEN LANE CHANHASSEN, MN 55317 LANA & JOHN BERGO 8041 HIDDEN COURT CHANHASSEN, MN 55317 use ~emptate l'or 5~.60® JAMES F MURPHY 8021 HIDDEN COURT CHANHASSEN, MN 55317 FAMILY OF CHRIST LUTHERAN CHURCH P.O. BOX 388 CHANHASSEN, MN 55317 DOUGLAS B. McCARTHY 8001 HIDDEN COURT CHANHASSEN, MN 55317 AMERICAN LEGION POST 580 7995 GREAT PLAINS BLVD CHANHASSEN, MN 55317 ,DAVID NEWMAN 8000 HIDDEN CIRCLE CHANHASSEN, MN 55317 JAMES COOK 260 HIDDEN LANE CHANHASSEN. MN 55317 SHELLY BABUSEK 280 HIDDEN LANE DHANHASSEN. MN 55317 LEE & MARY KAUFMAN 300 HIDDEN LANE CHANHASSEN, MN 55317 jEsT-' ~, .'.~-AP, EN HONGSLO 310 HIDDEN LANE CHANHASSEN. MN 55317 TODD MICHELS 320 HIDDEN LANE CHANHASSEN, MN 55317 JULIE & DAVID LYONS 330 HIDDEN LANE CHANHASSEN, MN 55317 MORTENSON DEV COMPANY ATf'N: JACK POINTER 700 MEADOW LANE N MINNEAPOLIS, MN 55422 Address Lzbe[s Lasar ., ~.~,. April 9, Craig Peterson, Chair City of Chanhassen Planning Commission 6990 City Center Drive Chanhassen, MN 55317 CiTY OF CHANHASSEN APR 20 1999 Dear Commissioner Peterson: We are writing to express our concerns regarding the request for re-zoning made by Family of Christ Lutheran Church (275 Lake Drive East). We appreciate the Church's efforts to inform us of their plans. However, we believe that the proposed Office or Assisting Living uses are not in the best interest of the surrounding neighborhood and therefore not in the best interest of the community. We purchased our homes with the expectation that the church's property was zoned for church use and would retain that use in the future. The proposed alternative uses are likely to have a detrimental impact on the quality and character of our neighborhood and thus materially reduce our property values. The Church appears to base its justification for the requested rezoning on questionable arguments. The Church's representatives have asserted in neighborhood meetings that they face a hardship because they ~re not able to identify another church that could pay the desired price for their property so that they can make the necessary profit to finance a new church. Ifa homeowner in our neighborhood were unable to )brain a desired selling price so that they could finance a bigger home for their growing family, would the 2ommission accept that logic as a hardship allowing rezoning? We think not. ~t appears to us that the Church has identified the alternative uses primarily to meet the needs of the myer/developer so as to strike a deal that meets profit goals. Has the community identified a pressing ~eed for these uses that cannot be accommodated on other available land? The Church's agent also asserts hat if the property is rezoned, the buyer/developer will nevertheless continue efforts to resell the property ) a church. We think that this is a ruse; the developer will have little incentive to sell to a church since ae proposed alternative uses are likely to be far more profitable to the developer. 'he Church should not qualify for special treatment under the zoning laws simply because they are a ~hurch. No one is guaranteed to make a profit on real estate or to receive the appraised market value 'hen selling property. Some of us have taken losses on real estate in the past, so we fully sympathize ith the Church. Nevertheless, we do not think it is fair for the Church to expect us to bear the burden of ~eir situation. The Church's agent has asserted that the city ought to accommodate the Church's request ~.cause the Church provides a community benefit. If that is the case, should we expect the IRS to :cogni~.e the resulting loss in our property value as a tax-deductible charitable contribution? If the )mmission grants this request based on the logic of community benefit, we think it would amount to a nd of"public taking" of private property value, akin to coercing us into making an in-kind contribution the Church's building fund. e are not convinced that the Church has made all reasonable efforts to secure a buyer for its building. e Chanhassen Villager reports that, "According to several pastors, at least a couple of local churches · interested in buying the property" (March 25, 1999, p. 18). If the Church does not receive their hoped selling price, it does not mean they will have to close their doors or leave town. Perhaps they will :e to add another service and build their new facility in phases, or meet in a public building for a time ile they save the funds for their new facility as other churches are doing. We all face similar kinds of ' apomry inconveniences from time to time, which require sacrifice and perseverance to overcome. It ally seems fitting that the Church should characterize these sacrifices as a community hardship .apelling us to underwrite their move through the devaluation of our neighborhood and property. · For these reasons, we oppose the request for rezoning for any use other than PUD with conditional use for a church. 'We reserve the right to assert any additional arguments and statements of fact without prejudice , in future proceedings regarding this matter. Sincerely, March 27, 1999 ~ Kevin Joyce, Chair City of Chanhassen Plannifig Commission 6990 City Center Drive Chanhassen, MN 55317 Dear Commissioner Joyce: We are writing to express our concerns regarding the request for re-zoning made by Family of Christ Lutheran Church (275 Lake Drive East). We appreciate the Church's efforts to inform us of their plans. However, we believe that the proposed Office or Assisting Living uses are not in the best interest of the surrounding neighborhood and therefore not in the best interest of the community. We purchased our homes with the expectation that the church's property was zoned for church use and would retain that use in the future. The proposed alternative uses are likely to have a detrimental impact on the quality and character of our neighborhood and thus materially redtice our property vialues. The Church appears to base its justification for the 'requested rezoning on questionable arguments. The Church's representatives have asserted in neighborhood meetings that they face a hardship because they are not able to identify another church that could pay the desired price for their property so that they can make the necessary profit to finance a ,new church. Ifa homeowner in our neighborhood were unable to obtain a desired selling price so that they could finance a bigger home for their growing family, would the Commission accept that logic as a hardship allowing rezoning? We think not. It appears to us that the Church has identified the alternative'uses primarily to meet tl;e needs of the buyer/developer so as to strike a deal that meets profit goals. Has the community identified a pressing need for these uses that c~innot be. accommodated on other available land? The Church's agent also asserts that if the property is r~zoned, the buyer/developer will never{heless continue efforts to resell the property to a church. We think that this is a/'use; the developer will have little incentive to sell to a church since the proposed alternative uses are likely to be far more profitable to the developer. The Church should not qualify for special treatment under the zoning laws simply because they are a Church. No one is guaranteed to make a profit on real estate or to receive the appraised market value when selling property. Some of us have taken losses on real estate in the past, so we fully sympathize ~vith the Church. Nevertheless, we do not think it is fair for the Church to expect us to bear the burden of their situation. The Church's agent has asserted that the city ought to accommodate the Church's request because the Church provides a community benefit. If that is the case, should we expect the IRS to recognize the resulting loss in our property value as a tax-deductible charitable contribution? If the Commission grants this request based on the logic of community benefit, we think it would amount to a kind of"public taking" of private property v~lue, akin to coercing us into making an in-kind contribution to the Church's building fund. We are not convinced that the Church has,made all reasonable efforts to secure a buyer for its building. The Chanhassen Villager reports that, "According to several pastors, at least a couple of local churches are interested in buying the property" (March 25, 1999, p. 18). ffthe Church does not receive their hoped for selling price, it does not mean they will have to close their doors or leave town. Perhaps they will have to add another service and build their new facility in phases, or meet in a public building for a time while they save the funds for their new facility as other churches are doing. We all face similar kinds of temporary inconveniences fi.om time to time, which require sacrifice and perseverance to overcome. It hardly seems fitting that the Church should characterize these sacrifices as a community hardship compelling us to underwrite their move through the devaluation of our neighborhood and property. For these reasons, we oppose the request for rezoning fo, r any use other than PUD with conditional use for a church. We reserve the right to assert any additional arguments and statements of fact without prejudice in future proceedings regarding this matter. Sincerely, Lynn and Dave Jossi . 250 Hidden Lane, Chanhassen April 9, 1999 Craig Peterson, Chair City of Chanhassen Planning Commission 6990 City Center Drive Chanhassen, MN 55317 CITY OF CHANHASSEN APR 20 1999 Dear Commissioner Peterson: We are writing to express our concerns regarding the request for re-zoning made by Family of Christ Lutheran Church (275 Lake Drive East). We appreciate the Church's efforts to inform us of their plans. However, we believe that the proposed Office or Assisting Living uses are not in the best interest of the surrounding neighborhood and therefore not in the best interest of the community. We purchased our homes with the expectation that the church's property was zoned for church use' and would retain that use in the future. The proposed alternative uses are likely to have a detrimental impact on the quality and character o four neighborhood and thus materially reduce our property values. The Church appears to base its justification for the requested rezoning on questionable arguments. The Church's representatives have asserted in neighborhood meetings that they face a hardship because they are not able to identify another church that could pay the desired price for their property so that they can make the necessary profit to finance a new church. Ifa homeowner in our neighborhood were unable to obtain a desired selling price so that they could finance a bigger home for their growing family, would the Commission accept that logic as a hardship allowing rezoning? We think not. It appears to us that the Church has identified the alternative uses primarily to meet the needs of the buyer/developer so as to strike a deal that meets profit goals. Has the community identified a pressing need for these uses that cannot be accommodated on other available land.'? The Church's agent also asserts that if the property is rezoned, the buyer/developer will nevertheless continue efforts to resell the property to a church. We think that this is a ruse; the developer will have little incentive to sell to a church since the proposed alternative uses are likely to be far more profitable to the developer. The Church should not qualify for special treatment under the zoning laws simply because they are a Church. No one is guaranteed to make a profit on real estate or to receive the appraised market value when selling property. Some of us have taken losses on real estate in the past, so we fully sympathize with the Church. Nevertheless, we do not think it is fair for the Church to expect us to bear the burden of their situation. The Church's agent has asserted that the city ought to accommodate the Church's request because the Church provides a community benefit. If that is the case, should we expect the IRS to recognize the resulting loss in our property value as a tax-deductible charitable contribution7 If the 2ommission grants this request based on the logic of community benefit, we think it would amount to a '5nd of"public taking" of private property value, akin to coercing us into making au in-kind contribution :o the Church's building fund. hre are not convinced that the Church has made all reasonable efforts to secure a buyer for its building. 7he Chanhassen Villager reports that, "According to several pastors, at least a couple of local churches re interested in buying the property" ('March 25, 1999, p. 18). If the Church does not receive their hoped Dr selling price, it does not mean they will have to close their doors or leave town. Perhaps they will ave to add another service and build their new facility in phases, or meet in a public building for a time ,kile they save the funds for their new facility as other churches are doing. We all face similar kinds of ' ;mporary inconveniences from time to time, which require sacrifice and perseverance to overcome. It ~rdly seems fitting that the Church should characterize these sacrifices as a community hardship mpelling us to underwrite their move through the devaluation of our neighborhood and property. For these reasons, we oppose the request for rezoning for any use other than PUD with conditional use for a church. We reserve the right to assert any additional argumems and statements of fact without prejudice in future proceedings regarding this matter. Sincerely, April 8, 1999 · Craig Peterson, Chairman 'City of Chanhassen Planning Commission 6990 City Center Drive Chanhassen, MN 55317 Dear Commissioner Peterson: We are writing to express our concerns regarding the request for re-zoning made by Family of Christ Lutheran Church (275 Lake Drive East). The Church has been a good neighbor and we appreciate their efforts to inform us of their plans and solicit our input. However, we believe that the proposed Office or Assisting Living uses are not in the best interest of the surrounding neighborhood and therefore not in the best interest of the community. We purchased our homes with the expectation that the church's property was zoned for church use and would retain that use in the future. The proposed alternative zoning uses are likely to have a detrimental impact on the quality and character of our neighborhood and thus materially reduce property our values. The Church appears to base its justification for the requested rezoning on questionable arguments. The Church's representatives have asserted in neighborhood meetings that they face a hardship because they are not able to identify another church that could pay the desired price for their property so that they can make the necessary profit to finance a new church. Ifa homeowner in our neighborhood were unable to obtain a desired selling price so that they could finance a bigger home for their growing family, would the Commission accept that logic as a hardship allowing rezoning? We think not. It appears to us that the Church has identified the alternative uses primarily to meet the needs of the buyer/developer. Has the community identified a pressing need for these uses that cannot be accommodated on other available land? The Church's agent also asserts that if the property is rezoned, the buyer/developer will nevertheless continue efforts to sell the property to another church. We think the developer will have little incentive to do so since the proposed alternative uses are likely to be far more profitable to the developer. However, the mere uncertainty about the future use of the land would result in an immediate loss in property value for surrounding neighbors. Although we believe in the value of the Church to the community, we do not think that qualifies it for special treatment under the zoning laws. No one is guaranteed to make a profit on real estate or to receive the appraised market value when selling property. We ourselves took a loss on real estate in the past, so we fully sympathize with the Church's situation. Nevertheless, we do not think it is fair for the Church to expect us to bear the burden of their situation. Basing this request on the logic of community benefit would amount to a kind of"public taking" of private property value, akin to coercing us into making an in-kind contribution to the Church's building fund. Would the IRS recognize the resulting loss in our property value as a tax-deductible charitable contribution? Given that Chanhassen is a growing community, we are not convinced that the Church will be unable to find another church to purchase its property. Recently, the Chanhassen Villager reported that, "According to several pastors, at least a couple of local churches are interested in buying the property" (March 25, 1999, p. 18). If the Church does not receive the hoped-for selling price, they could build their new facility in phases or meet in a public facility for a time while they save for their new building as other churches have done. We know that such a situation would pose a temporary inconvenience, but we do not think it qualifies as a community hardship compelling us to underwrite their move through the devaluation of our neighborhood and property. For these reasons, we oppose the request for rezoning for any use other than PUD with conditional use for a church. We reserve the right to assert any additional arguments and facts without prejudice in any future proceedings regarding this matter. Thank you. Sincerely, Douglas and Susan McCarthy 8001 Hidden Court, Chanhassen Phone: 937-7664 April 9, 1999 Craig Peterson, Chair City of Chanhassen Planning Commission 6990 City Center Drive Chanhassen, MN 55317 RECEIVED APR I 9 1999 CiTY OF CHANHASSEN Dear Commissioner Peterson: We are writing to express our concerns regarding the request for re-zoning made by Family of Christ Lutheran Church (275 Lake Drive East). We appreciate the Church's efforts to inform us of their plans. However, we believe that the proposed Office or Assisting Living usesare not in the best interest of the surrounding neighborhood and therefore not in the best interest of the community. We purchased our homes with the expectation that the church's property was zoned for church use and would retain that use in the future. The proposed alternative uses are likely to have a detrimental impact on the quality and character of our neighborhood and thus materially reduce our property values. The Church appears to base its justification for the requested rezoning on questionable arguments. The Church's representatives have asserted in neighborhood meetings that they face a hardship because they are not able to identify another church that could pay the desired price for their property so that they can make the necessary profit to finance a new church. Ifa homeowner in our neighborhood were unable to obtain a desired selling price so that they could finance a bigger home for their growing family, would the Commission accept that logic as a hardship allowing rezoning? We think not. It appears to us that the Church has identified the alternative uses primarily to meet the needs of the buyer/developer so as to strike a deal that meets profit goals. Has the community identified a pressing need for these uses that cannot be accommodated on other available land? The Church's agent also asserts that if the property is rezoned, the buyer/developer will nevertheless continue efforts to resell the property to a church. We think that this is a ruse; the developer will have little incentive to sell to a church since the proposed alternative uses are likely to be far more profitable to the developer. The Church should not qualify for special treatment under the zoning laws simply because they are a Church. No one is guaranteed to make a profit on real estate or to receive the appraised market value when selling property. Some of us have taken losses on real estate in the past, so we fully sympathize with the Church. Nevertheless, we do not think it is fair for the Church to expect us to bear the burden of their situation. The Church's agent has asserted that the city ought to accommodate the Church's request because the Church provides a community benefit. If that is the case, should we expect the IRS to recognize the resulting loss in our property value as a tax-deductible charitable contribution? If the 2ommission grants this request based on the logic of community benefit, we think it would amount to a '-Jnd of"public taking" of private property value, akin to coercing us into making an in-kind contribution ~o the Church's building fund. ~e are not convinced that the Church has made all reasonable efforts to secure a buyer for its building. ?he Chanhassen Villager reports that, "According to several pastors, at least a couple of local churches ~re interested in buying the property" (March 25, 1999, p. 18). If the Church does not receive their hoped br selling price, it does not mean they will have to close their doors or leave town. Perhaps they will rove to add another service and build their new facility in phases, or meet in a public building for a time zhile they save the funds for their new facility as other churches are doing. We all face similar kinds of ' emporary inconveniences fi.om time to time, which require sacrifice and perseverance to overcome. It ardly seems fitting that the' Church should characterize these sacrifices as a community hardship )repelling us to underwrite their move through the devaluation of our neighborhood and property. · For these reasom, we oppose the request for rezoning for any use other than PUD with conditional use for · a churcN We reserve the right to assert any additional arguments and statements of fact without prejudice , in future proceedings regarding this matter. Sincerely, April 9, 1999 ~,~ O~_~C;HAN'HA$$~h~_,~ Craig Peterson, Chair City of Chanhassen Planning Commission 6990 City Center Drive Chanhassea, MN 55317 Dear Commissioner Peterson: We are writing to express our concerns regarding the request for re-zoning made by Family of Christ Lutheran Church (275 Lake Drive East). We appreciate the Church's efforts to inform us of their plans. However, we believe that the proposed Office or Assisting Living uses are not in the best interest of the surrounding neighborhood and therefore not in the best interest of the community. We purchased our homes with the expectation that the church's property was zoned for church use and would retain that use in the future. The proposed alternative uses are likely to have a detrimental impact on the quality and character of our neighborhood and thus materially reduce our property values. The Church appears to base its justification for the requested rezoning on questionable arguments. The Church's representatives have asserted in neighborhood meetings that they face a hardship because they are not able to identify another church that could pay the desired price for their property so that they can make the necessary profit to finance a new church. Ifa homeowner in our neighborhood were unable to obtain a desired selling price so that they could finance a bigger home for their growing family, would the Commission accept that logic as a hardship allowing rezoning? We think not. It appears to us that the Church has identified the alternative uses primarily to meet the needs of the buyer/developer so as to strike a deal that meets profit goals. Has the community identified a pressing need for these uses that cannot be accommodated on other available land? The Church's agent also asserts that if the property is rezoned, the buyer/developer will nevertheless continue efforts to resell the property to a church. We think that this is a ruse; the developer will have little incentive to sell to a church since the proposed alternative uses are likely to be far more profitable to the developer. The Church should not qualify for special treatment under the zoning laws simply because they are a Zhurch. No one is guaranteed to make a profit on real estate or to receive the appraised market value when selling property. Some of us have taken losses on real estate in the past, so we fully sympathize with the Church. Nevertheless, we do not think it is fair for the Church to expect us to bear the burden of their situation. The Church's agent has asserted that the city ought to accommodate the Church's request >ecause the Church provides a community benefit. If that is the case, should we expect the IRS to :ecognize the resulting loss in our property value as a tax-deductible charitable contribution? If the 2ommission grants this request based on the logic of community benefit, we think it would amount to a rind of"public taking" of private property value, akin to coercing us into making an in-kind contribution o the Church's building fund. ~ ".re are not convinced that the Church has made all reasonable efforts to secure a buyer for its building. 7he ChaBh~qsen Villager reports that, "According to several pastors, at least a couple of local churches re interested in buying the property" (March 25, 1999, p. 18). If the Church does not receive their hoped Dr selling price, it does not mean they will have to close their doors or leave town. Perhaps they will ave to add another service and build their new facility in phases, or meet in a public building for a time bile they save the funds for their new facility as other churches are doing. We all face similar kinds of- .mpo~ inconveniences fi'om time to time, which require sacrifice and perseverance to overcome. It ,rdly seems fitting that the Church should characterize these sacrifices as a community hardship ,mpelling us to underwrite their move through the devaluation of our neighborhood and property. , For these reasons, we oppose the request for rezoning for any use other than PUD with conditional use for ' a church. We reserve the right to assert any additional arguments and statements of fact without prejudice in future proceedings regarding this matter. Sincerely, April 16, 1999 City of Chanhassen Planning Commission Mr. Craig Peterson, Chair 6990 City Center Drive Chanhassen, MN 55317 Dear Commissioner Peterson: We are writing to express our concerns regarding the request for re-zoning made by Family of Christ Lutheran Church (275 Lake Drive East). We appreciate the Church's efforts to inform us of their plans. However, we believe that the proposed Office or Assisted Living uses are not in the best interest of the surrounding neighborhood and therefore not in the best interest of the community. We purchased our homes with the expectation that the church's property was zoned for church use and would retain that use in the future. The proposed alternative uses are likely to have a detrimental impact on the quality and character of our neighborhood and thus materially reduce our property values. The Church appears to bases its justification for the requested rezoning on questionable arguments. The Church's representatives has asserted in neighborhood meetings that they face a hardship because they are not able to identify another church that could pay the desired price for their property so that they can make the necessary profit to finance a new church. If a homeowner in our neighborhood xvere unable to obtain a desired selling price so that they could finance a bigger home for their growing family, would the Commission accept that logic as a hardship allowing rezoning? We think not. It appears to us that the Church has identified the alternative uses primarily to meet the needs of the buyer/developer so as to strike a deal that meets profit goals. Has the community identified a pressing need for these uses that cannot be accommodated on other available land? The Church's agent also asserts that if the property is rezoned, the buyer/developer will nevertheless continue efforts to resell the property to a church. We think that this is a ruse; the developer will have little incentive to sell to a church since the proposed alternative uses are likely to be far more profitable to the developer. The Church should not qualify for special treatment under the zoning laws simply because they are a church. No one is guaranteed to make a profit on real estate or to receive the appraised market value when selling property. Some of us have taken losses on real estate in the past, so we fully sympathize with the Church. Nevertheless, we do not think it is fair for the Church to expect us to bear the burden of their situation. The Church's agent has asserted that the city ought to accommodate the Church's request because the Church provides a community benefit. If that is the case, should we expect the [RS to rec%mize the resulting loss in our property value as a tax-deductible charitable contribution? If the Commission grants this request based on logic of community benefit, we think it would amount to a kind of"public taking" of private property value, akin to coercing us into making an in-kind contribution to the Church's building fund. We are not convinced that the Church has made all reasonable efforts to secure a buyer for its building. The Chanhassen Villager reports that, "According to several pastors, at least a couple of local churches are interested in buying the property" (March 25, 1999, p. 18). If the Church does not receive their hoped for selling price, it does not mean they will have to close their doors or leave town. Perhaps they will have to add another service and build their new facility in phases, or meet in a public building for a time while they save the funds for their new facility as other churches are doing. We all face similar kinds of temporary inconveniences from time to time, which require sacrifice and perseverance to overcome. It hardly seems fitting that the Church should characterize these sacrifices as a community hardship compelling us to underwrite their move through the devaluation of our neighborhood and property. For these reasons, we oppose the request for rezoning for any use other than PUD with conditional use for a church. We reserve the right to assert any additional arguments and statements of fact without prejudice in future proceedings regarding this matter. Sincerely, (~2~_21~~_~ : Dan & Michelle Lorinser 8020 Erie Avenue Chanhassen, MN 55317 (612) 937-8801 April 9, 1999 Craig Peterson, Chair City of Chanhassen Planning Commission 6990 City Center Drive Chanh~qsen, MN 55317 CITY OF' CHANHASS~N ~- ^"':- ~VED APR 19 1999 Dear Commissioner Peterson: We are writing to express our concerns regarding the request for re-zoning made by Family of Christ Lutheran Church (275 Lake Drive East). We appreciate the Church's efforts to inform us of their plans. However, we believe that the proposed Office or Assisting Living uses are not in the best interest of the surrounding neighborhood and therefore not in the best interest of the community. We purchased our homes with the expectation that the church's property was zoned for church use and would retain that use in the future. The proposed alternative uses are likely to have a detrimental impact on the quality and character of our neighborhood and thus materially reduce our property values. The Church appears to base its justification for the requested rezoning on questionable arguments. The Church's representatives have asserted in neighborhood meetings that they face a hardship because they are not able to identify another church that could pay the desired price for their property so that they can make the necessary profit to finance a new church. Ifa homeowner in our neighborhood were unable to obtain a desired selling price so that they could finance a bigger home for their growing family, would the Commission accept that logic as a hardship allowing rezoning? We think not. It appears to us that the Church has identified the alternative uses primarily to meet the needs of the buyer/developer so as to strike a deal that meets profit goals. Has the community identified a pressing need for these uses that cannot be accommodated on other available land? The Church's agent also asserts that if the property is rezoned, the buyer/developer will nevertheless continue efforts to resell the property to a church. We think that this is a ruse; the developer will have little incentive to sell to a church since the proposed alternative uses are likely to be far more profitable to the developer. The Church should not qualify for special treatment under the zoning laws simply because they are a Church. No one is guaranteed to make a profit on real estate or to receive the appraised market value when selling property. Some of us have taken losses on real estate in the past, so we fully syanpathize with the Church. Nevertheless, we do not think it is fair for the Church to expect us to bear the burden of their situation. The Church's agent has asserted that the city ought to accommodate the Church's request because the Church provides a community benefit. If that is the case, should we expect the IRS to recognize the resuking loss in our property value as a tax-deductible charitable contribution? If the 2ommission grants this request based on the logic of community benefit, we think it would amount to a .'rind of"public taking" of private property value, akin to coercing us into making an in-kind contribution :o the Church's building fund. ifc are not convinced that the Church has made all reasonable efforts to secure a buyer for its building. me Chanhassen Villager reports that, "According to several pastors, at least a couple of local churches ,re interested in buying the property" (March 25, 1999, p. 18). If the Church does not receive their hoped or selling price, k does not mean they will have to close their doors or leave town. Perhaps they will ave to add another service and build their new facility in phases, or meet in a public building for a time 'hile they save the funds for their new facility as other churches are doing. We all face similar kinds of' ;mporary inconveniences from time to time, which require sacrifice and perseverance to overcome. It ardly seems fitting that the Church should chamcter/ze these sacrifices as a community hardship )mpelling us to underwrite their move through the devaluation of our neighborhood and property. For these reasons, we oppose the request for rezoning for any use other than PUD with conditional use for a church. We reserve the right to assert any additional arguments and statements of fact without prejudice in future proceedings regarding this matter. Sincerely, .mily of Christ Church mailbox:/C%7C/Program%20Files/Netscape/...24c296e620%2463d762d 1 ~ws00842&number=77 Subject: Family of Christ Church Date: Fri, 16 Apr 1999 19:46:41 -0500 From: "Lynn" <LynnJ~tcinternet.net> To: <chplndir~ci.chanhassen.rnn.us> Dear Ms. Aanenson: We understand that the Family of Christ Church at Church (275 Lake Drive East) has received at least one offer from another church (Congregational church in town o Pastor, Cindy Shepherd) to buy their church and land as it is now, with the church zoning, and that there is at least one offer the works (one being the Colonial Church). The Family of Christ church and their representatives have not been straightforward with regards to what offers have been presented to them. It is this misrepresentation, in addition to many other issues, which concern us about the future of this property. They have also stated that their first priority is that they would like to sell it to another church, but their actions dont seem to verify this. As it is now, the Family of Christ Church fits into the neighborhood very well, and there are several buyers willing to purchase it. Individual private residences are generally not allowed permission to rezone their property in order to obtain a higher resale value. It stands to reason that the Church should not be allowed to rezone their property for the same reason. if you did not receive our list of concerns in the mail, please find it enclosed: Lynn Jossi Chanhassen, MN Name: _LETTER to Planning Commission.doc Part 1.2 Type: application/msword Encoding: base64 KREBSBACH & HAIK, LTD. ATTORNEYS AT LAW 701 FOURTH AVENUE SOUTH SUITE ~00 MINNEAPOLIS, MINNi:SOTA 55415-163 I TELEPHONE {6 I P) 333'7400 TELECOPI£R (6 I 2) April 15, 1999 City of Chanhassen 6990 City Center Drive Chanhassen, MN 55317 AP R 1. B 19 99 Dear Chair and Members: I am a resident at 261 Hidden Lane. I am writing to oppose the proposed zoning amendment at 275 Lake Drive East. Establishing and expanding non-single family uses south of Lake Drive East will fundamentally alter the character and intended benefits of the existing single family residences. The economic circumstance of the family of Christ Lutheran Church does not justi~ a fundamental change in the single-family use. The increased congestion and commercial development will clearly further impede use of the Highway 5 pedestrian walkway, xvhich use is already inhibited due to excessive speed along Lake Drive East. The community is best seN'ed by fostering and enhancing the existing single-family residential use, particularly in that the north side of Lake Drive East is already slated for intensive development. Thank you for your consideration. Sincerely, KREBSBACH & HAIK, LTD. By '-k' ' Paul R. Haik nily of Christ Church rezoning (Lake Drive) mai~b~x:/C%7C/Pr~gram%2~Fi~es/Netscape/...BF.~sv-gw~.stsv.seagate.c~rn&number=74 Subject: Family of Christ Church rezoning (Lake Drive) Date: Thu, 15 Apr 1999 12:30:21 -0500 From: David S Jossi~notes.seagate.com To: chplndirOci.chanhassen.mn.us CC: lynnj~tcinternet.net I am writing to you regarding the Family of Christ Lutheran Church (275 Lake Dr. E) zoning change going before the City Planning Commision next Wed (April 21). My wife and I have already expressed our views on this matter in a letter sent to the city last week (we're completely against it) However, I wanted to let you know before the hearing that most of the surrounding neighborhood in Hidden Valley and Chanhassen Estates are also opposed to it. We, in conjunction with our neighbors, will be submitting a petition on Monday or Tuesday of next week stating our opposition to this. I just wanted to give you some advanced notice on the petition rather than finding out about it right before the hearing. Thanks, Dave Jossi April 14, 1999 RECEIVED APR 1 5 1999 CITY OF CH^NHASSEN Ms. Kate Aanenson City of Chanhassen Planning Commission 6990 City Center Ddve Chanhassen, MN 55317 Ms. Aanenson: We are writing to voice our opposition to the proposed rezoning of 275 Lake Drive East, Family of Christ Lutheran Church. We have been residents of this fine city and of one of the adjoining neighborhoods - Brook Hill since 1991. Dudng this time there has been a great deal of growth and change in Chanhassen. Common sense and a master plan have long since guided this change and growth with regard to zoning and permitting. Common sense makes me ask myself why rezoning of this property should occur, to the detriment of adjoining neighborhoods, so that an entity (in this case a church) can sell its asset faster?. As I understand the rezoning would afford the Church many more saleable options i.e. office or assisted living. What consideration to the city and its residents, especially those near by, could possibly be given for this sort of hand out? It is no ones "fault" that they haven't sold their current property and can't proceed further with their new church - it is a function of what the market will bear. None of us can "move up" in the way of a more expensive home or second home until our finances are in order. If someone miscalculated the value at which an asset is carried on the Balance Sheet write the asset down don't ask the community to make concessions to justify the incorrect value. The Church should not qualify for special treatment under the zoning laws. I feel the Church as a body is taking an entitlement approach that doesn't hold water. They are asking for flexibility (via rezoning) on the sale of an existing asset. Have they considered building in phases to accommodate the reality of their finances? There are two side to every coin. I am not an expert in Real Estate, but it would appear the area is not in need of more development land in the immediate area. The area near the bddge will potentially be developed into offices - in phases I might add. The Villages on the Pond is essentially vacant. This demand will grow of course as the area continues to grow, as will demand for "church/worship" space. There will undoubtedly be small start-up churches entering the market over time that will be potential buyers for 275 Lake Ddve East as currently zoned. In summary, we all face similar kinds of temporary inconveniences from time to time, which requires sacrifices and perseverance to overcome. It hardly seems fitting that the Church should characterize these sacrifices as community hardship compelling us to underwrite their move through devaluation of our neighborhood and property. Please consider my points of opposition in formulating your recommendation(s) to the City Council. Sincerely, Todd & Patti Michels 320 Hidden Lane 934-6921 April 18, 1999 Kate Aanenson Planning Dkector City of Chanhassen 6990 City Center Drive Chanhassen, MN 55317 RE: Family of Christ Lutheran Church, 275 Lake Drive East Deax Kate: Enclosed are petitions contafining the signatures of 74 residents who axe opposed to the rezoning proposed by Family of Christ Lutheran Church to allow Office or Assisted Living uses at 275 Lake Drive East. We hope that the Planning Commission will consider these views in its deliberations on April 21". If you should have an}' questions, please feel f~ee to contact us at 937-7664. Thank you very much Sincerely, Dougt~and Susan McCaxthy 8001 HIDDEN COURT CHANHA$$EN, MN April 1999 We the undersigned oppose the change in zoning proposed by Family of Christ Lutheran Church, 275 Lake Drive East, Chanhassen, to allow Office or Assisted Living uses at that site. April 1999 We the undersigned o~ the change in zoning proposed by Family of Christ Lutheran Church, 275 Lake Drive East, Chanhassen, to allow Office or Assisted Living uses at that site. April 1999 We the undersigned oppose the change in zoning proposed by Family of Christ Lutheran Church, 275 Lake Drive East, Chanhassen, to allow Office or Assisted Living uses at that site. ADDRESS PHONE g/Jr.,, -o6¢¢ ¢,< We the undersigned oppose the change in zoning proposed by Family of Christ Lutheran Church, 275 Lake Drive East, Chanhassen, to allow Office or Assisted Living uses at that site. NAME ADDRESS PHONE {( Karen En~lelhardt From; Sent: To: Subject: PaDiHamlin@aohcom Sunday, May' 09, 1999 12:43 PM choffmgr@ci.chanhassen .mn .us Family of Christ Rezoning To Mayor Nancy ~ancino Monday night, May 10, the matter of the possible re-zoning of Family of Christ Church will be brought before the City Council. As we're sure you're aware of by now, the Church congregation and Developer want to have the property re-zoned "Office or "Assisted Living". The Planning Commission has already denied this re-zoning request. We hope that yo~ will follow their lead. Although, we have personally e-mailed you before about our feelings on this matter, we would like to reiterate them again. As residents of the Brookhill Addition, we feel that the Church is too close to the existing neighborhood to be re-zoned. Even though there will be offices across the street, that property is next to Highway 5 and would create a buffer. But the Church, which is surrounded by houses for the most part, is an integral part of the neighborhood. Anything else would change the complexion of that neighborhood -- not to mention lowering the property values of those houses by at least $5,000 (according to several realtors)° Plus, the developer gives a lot of possible scenarios about what the property would look like, but there are no guarantees. We're afraid that the building might be torn down and replaced with something larger or out of character for that neighborhood. We are also members of Colonial Church at Heritage Square, which meets in the old St. Hubert's~ The City has only guaranteed us two more years in that building. Our congregation is in the middle of a fundraising campaign to get the down payment for the Family of Christ property. Unfortunately, we can't make an official offer until we have the down payment and funding in place. Lotus Realty had originally told us that we had until June to come up with the down payment. Shortly after we started the campaign, we found out about the proposed re-zoning. We feel very strongly that with God's held we will raise the necessary amount and have made a good start towards that goal; but our fear is that if the building is re-zoned, we will not be able to compete with any other offers that might come in for an office. We've seen that happen before. The developer's argument is that even if a church did buy the building, they would have the same problem selling it if it is not re-zoned. But if we are able to buy the Church, we would be more inclined to add on to the building if we needed to, rather than sell it. We know City Government always like to see new property added to the tax rolls. But in the past, when we checked into the possibility of buying land, we found that there are only a few areas left that the City is willing to zone "church". Also, as you know, land is very expensive in Chanhassen. These two issues make it very difficult for a young, small Church who wish to have their own building. It would be a shame to eliminate a property and building that is already a church. Again, we hope you will vote no on this re-zoning proposal. Thank you for your consideration. Dick and Pat Hamblin May 12, 1999 RECEIVI;r Mayor Nancy Mancino and Members of the Chanhassen City Council Mark Engel, Linda Jansen, Steve Labatt, and Mark Senn 6990 City Center Drive Chanhassen MN 55317 MAY ! 4 1999 CITY OF CHA~HASSEN RE: Request for Rezoning, Family of Christ Lutheran Church, 275 Lake Drive East Dear Mayor Mancino and Members of the Council: It gives us no pleasure to oppose the Church's request for rezoning. We attended the Church's informational meetings with an open mind and understand their need to expand. While we had hoped we could support their request, it became clear to us that the Church was not considering the best interests of the neighborhood in its plans. In making an open-ended request for rezoning, the Church is exposing the surrounding property owners to economic uncertainty and potential harm in the loss of their neighborhood character. The Church is in effect seeking to shift the burden of their hardship onto the neighborhoo& they and the buyer/developer stand to reap all the benefits of the rezoning, while we bear all the risks. The chairman of the Church's building committee stated that it has a fiduciary duty to its members to engage in this financial stratagem. This argument is equivalent to a corporation making a decision to close a factory primarily for the benefit of its stockholders without considering the impact on the community. We believe that, as a non-profit institution that enjoys the community benefit of tax exemption, the Church has an ethical duty to consider the effects of its actions on the neighborhood. It is our understanding of land use law that the burden of proof is on an applicant for rezoning to show why a proposed change to a Comprehensive Plan is in the best interest of the community and appropriate for the particular location. We do not think that the Church has met this burden. The benefits that the Church presented to support its request for rezoning at the Council meeting on May 9th generally related to the Church's planned use of its new facility. These benefits might be germane if the Council were being asked to approve rezoning for the Church's new site, but they do not provide proof of why the proposed rezoning is needed at 275 Lake Drive East. Since there are other parcels available for both office and assisted living uses in the City, the Church has failed to demonstrate why changing land use at this location is necessary or that such a change is appropriate and compatible with the existing neighborhood. A request for rezoning is different/~om a variance in an existing zoning use: the Mortenson Development was expected and does not abut the neighborhood directly; it offers no justification for this rezoning. The proposed rezoning is a condition of the Church's sale of its property primarily intended to ensure that the buyer will achieve the necessary market value on resale of the property. Facilitating a market transaction whose benefits accrue primarily to private parties is not a legitimate use of the zoning laws. The land is not vacant and at least one other church is interested in purchasing the property under its current zoning, so neither the City nor the Church is facing the loss of the use of this land. Therefore, unless the Council is prepared to grant similar preferential treatment to all other similarly situated applicants for rezoning, we believe that approval of this request wouM amount to an arbitrary and capricious use of its powers. Since the Council acts in a quasi-judicial rather than a legislative role in land use matters, we believe that the courts have made clear it must decide this issue on the merits, not on the number of signatures on competing petitions or the votes in the next election. Respect for due process under the law is an important principle of our democracy and is in everyone's best interest to ensure fair and just resolution of these public matters. Finally, if the Council feels that the community should consider the need for additional land for Assisted Living Facilities that was not addressed in the Comprehensive Plan, we question whether this request provides enough time to fairly address this issue. We suggest that the Council put offany decision on an Assisted Living use for a reasonable time (e.g., 6 months) until its impact can be studied and understood more carefully. Assisted Living is a very loose term of art and greater definition is needed of the kind of facility that would be allowed. What could the neighborhood expect to happen if the facility was unable to rent all its space to elderly tenants -- would it be rented to Iow-income tenants with much different traffic patterns and stability of rental habits? These and other questions need to be addressed. In closing, we urge the Council to safeguard the character of the city's neighborhoods which are the bedrock of its prosperity and strongly influence the value of community property as a whole. Recently the Council demonstrated its concern for the Trotters' Ridge neighborhood by rejecting the proposed development of affordable housing nearby. While that situation is not exactly analogous, it would be telling if the Council did not shoTM a similar kind ofconcem for the character of its existing affordable neighborhoods. If the city is not diligent in protecting the vitality of its neighborhoods but allows poorly justified deviations from the Comprehensive Plan, then everyone will suffer the consequences ora less desirable community space. Thank your for your consideration of the neighborhood concerns in this important matter to Chanhassen. Please feel free to call us at 937-7664 or email :'~si~,.~-~:i'~nx:~s.c,m if you have questions about our comments. Sincerely, Douglas and Susan McCarthy 8001 Hidden Court Chanhassen, MN 55317 cc: City Manager, Planning Director RECEIVED' Page 1 of 2 Kate Aanenson From: To: Cc: Sent: Subject: LORINSER, DANIEL <lorinserd@vtc. com> <mayor@ci.chanhassen.mn.us>; <ljansen@ci.chanhassen.mn.us>; <mosenn@ci.chanhassen.mn.us>; <mengel@ci.chanhassen.mn.us>; <slabatt@ci.chanhassen.mn.us>; <sbotcher@ci.chanhassen.mn.us>; <chplndir@ci.chanhassen.mn.us> <fgsltw@lynxus.com>; <lynnj@tcinternet.net>; <jasbcook@aol.com> Thursday, May 20, 1999 6:45 AM FW: Family of Christ Mark, Council Members, Mayor, As far as the question of, "are we ready for an expanded church on this sight?" Yes, I believe we are. Tell me what would be the difference between filling this property with a church or filling this property with Assisted Living? I'll tell you one point that comes to mind, an Assisted Living complex needs far less parking than a church would, leaving more space for a larger structure to be built in our backyards. The church would be more confined, netting us a smaller building and keeping our long time neighbor. Remember, the church does not need the zoning change to sell their property! The church needs the rezoning to maximize their dollars, and to sell the property faster. Dan & Michelle Lorinser > Dan & Michelle, > > As [ recall, our legal advice was that we need to be very specific with > any > wording of what is allowed in assisted living. That indicates we have the > flexibility to decide this as a community. I have only one goal in this > matter and that's to replace the existing small church with another one. > How do we accomplish that? > > I know from people inside the Church that their back up plan to develop > their existing site is not a threat. If they can't get an acceptable > offer > that lets them move, they will have no choice but to move quickly on their > back up plan. I'd advise you and your neighbors to think that option over > very seriously. If we deny the re-zoning, that might allow another church > to obtain bank financing, the council will be hard pressed to contain any > expansion plans the church brings to it. > > Mark Engel > > .....Original Message ..... > From: LORINSER, DANIEL [SMTP;10rinserd~vtc.com] > Sent: Tuesday, May 18, 1999 9:40 AM > To: 'mayor@ci.chanhassen.mn.us'; 'ljansen_@:¢i,chauhassen.mn.us'; 5/20/99 Page 2 of 2 > > > > > >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> > 'mose~m@ci.chanhassen.trm.us'; 'mengel~ci.chanhassen,mn~us'; i~ lab a t.t ~ci,.c_h_ anha__s_s_e _n_.~ms:_u_s_'; '_sb__o__t~h_. ~r_@ci.~hg __n13_ aS sen.mn_.us'; 'chplndirOci.chanhassen.mn.us' Subject: Family of Christ Mayor, Council members, City Manager and Planning Director, Please see attached MSWord file. Thank you, Dan and Michelle Lorinser 8020 Erie Ave. Chanhassen, MN. 55317 612.853.6659 Day (Dan) 612.930.4804 Day (Michelle) 612.937.8801 Home Iorinserd~vtc,cg.m (Dan) mlorinser@afiweb.com (Michelle) <<Jansen.doc>> << File: Jansen.doc >> 5/20/99 Page 1. of 1 Kate Aanenson From: To: Sent: Subject: Douglas and Susan McCarthy <fgsltw@lynxus.com> Kate Aanenson <aanenson@ci.chanhassen.mn.us> Friday, May 21, 1999 8:29 AM Family of Christ Expansion Kate, Thank you for the keeping us informed on the changes to the Council meeting regarding Family of Christ's rezoning. Many emails have been circulating regarding the subject of expansion of Family of Christ Church on their existing property. There also appears to be some conflicting information regarding the extent of this expansion. Do you have any documents or city guidelines that would clarify to what extent the church could expand on their current property. For example, I have heard that the expansion of their sanctuary must correspond with the expansion of their parking. Is there a city guideline that says for x number of members, there must be so many parking spots? Or based on number of square feet, is there a minimum parking requirement? I had heard in past neighborhood meetings held at the church, that they could not expand on their current site because there wasn't sufficient parking to meet with the required building expansion. The neighbors were led to believe that the land was not big enough to handle the required parking. Thar~k you for your time. Any information you might have on this topic would be appreciated. Regards, Sue McCarthy 5/20/99 Page 1 of I Kate Aanenson From: To: Sent: Subject: <TCPrivBk@aol.com> <Mayor@ci.chanhassen.m n.us>; <ljansen@ci.chanhassen.mn.us>; <mosenn@ci.chanhassen.mn.us>; <negel@ci.chanhassen.mn.us>; <slabatt@ci.chanhassen.mn.us>; <sbotcher@ci.chanhassen.mn.us>; <chplndir@ci.chanhassen.mn.us> Friday, May 21, 1999 8:21 AM Rezoning of Family of Christ Lutheran Church 275 Lake Drive East Dear City Representative: I am writing to voice my concern about the rezoning of this property from "Church" to a broader Commercial use. This concerns me for several reasons. The first is the increase in volume of employee's vehicles, delivery trucks and vans like UPS and other Courier companies. This will have an impact on my family's ability to safely ride our bikes by the property. We commonly ride past the property over the Highway 5 bridge for pleasure and for my children in riding their bikes to school. [ am also concerned for the people this will bring into the neighborhood. With people and cars comes those without care for commercial property. This includes carelessness in driving and less concern for the appearance of someone else's property. This will include small amounts of trash and simple road pollution on the service roads leading to the property. I am reminded of this each spring as volunteers comb our road sides to pick up trash that drivers haphazardly dispose of on the road. This will commonly consist of McDonalds and convenience store trash from just down the road on east and west side of the parcel. I am also concerned of the potential for a high rise in my neighborhood. Not only the sight of the physical structure, but also the continual lighting required in the parking area. I ask that your vote in representing my interests and concerns be against "Rezoning" this parcel. I do not want the city to give preferential treatment for this property or any other parcel just so that current property owners can achieve a higher sales price in selling their property. Please retain the original intent of zoning when this neighborhood was developed. I believe your vote will be critical in maintaining the flavor of the neighborhood that my family lives in. Please feel free to contact me if[ can be of any help. Tom Cardle W 305-4227 H 906-0345 8022 Dakota Ave Chanhassen 5/21/99 Page 1 of 2 Kate Aanenson From: To: Cc: Sent: Subject: Martin Wade <wademe@wans.net> Steve Labatt <slabatt@ci.chanhassen.mn.us>; Linda Jansen <ljansen@ci.chanhassen.mn.us>; Mark Engel <mengel@ci.chanhassen.mn.us>; Mark Senn <mosenn@ci.chanhassen,mn.us>; Mayor Nancy Mancino <mayor@ci,chanhassen.mn.us> Scott Botcher <sbotcher@ci.chanhassen.mn.us>; Kate Aanenson <chplndir@ci.chanhassen.mn.us> Sunday, June 13, 1999 7:21 PM Rezoning Application of Family of Christ Lutheran Church To: Chanhassen City Council, I live at 8028 Erie Avenue, immediately behind Family of Christ Lutheran Church. I understand you are reviewing the issue of rezoning this area at the request of Family of Christ Lutheran Church. I previously spoke at the Planning Commission meeting along with most of my other neighbors involved with this change. >From the discussion the Planning Commission summarized our comments and voted not to change the zoning currently designated for church use. From the Planning Commission's comments they stated that a zoning change was generaly only considered if it benefited both the neighborhood and the person requesting the change. They also stated that they did not feel that during the nights discussion that it benefited the neighborhood and therefore should not be rezone& Now, I understand that you are considering overturning that recommendation. I am unable to attend the meeting on June 14th but wanted to reemphasize my vote against it for the following reasons: 1. The reason for zoning is so that everyone can plan for the furore as they locate thier families. When I purchased my home I contacted the city before I made an offer on my house. I was told it was specified for Church use only. I then purchased my house on that knowledge. It is unfair and unethical to change that zoning unless all parties agree that it is a benefit. 2. Neither of the other two zoning options are attractive to the immediate neighbors. A business brings in traffic and problems associated with daily business activites. It also does not complement the neighborhood atmosphere. Assisted living does not cause the traffic problems but allows much denser building on the property. Again this detracts from the neighbors and the atmosphere. I did not purchase my home to look at a solid building stretching all the way across the back of our lots. 3, It has been suggested that a berm or locations of bush/shrubs/trees will minimize or eliminate any visible problems. ! do not consider eliminating a rear view from my home is reasonable solution. I have both a deck and a three season porch (that I paid for) that would decrease in value with such a "solution". 4. After exstensive work developing the City's Comprehensive Plan this rezoning was not suggested. Therefore I would strongly question anyone who now say's it is needed. 5. Rezoning to improve resale value is unethical. It is certainly not in the best interest of Chanhassen to begin rezoning on this basis, 6. Overturning any recommendation of the Planning Commission should be done with caution and only when very special convincing reasons. It only appears that this is being reconsidered based on opinion not factual evidence. 7. It is my understanding that the church has presented a very large petition to show it's interest in this change. I would like to remind the Council that this petition is really only one vote (opinion)just like each of the other neighbors have. Should each of the neighbors collect a petition of friends and colleagues to provide the same numbers. I think not. When you realize that this petition is just one voice then the collective neighborhood's voice returns to a resounding NO to allowing rezoning. I would ask each of you to consider the question if it was your home. I also ask you to consider if whether or not you like the two options (assisted living or small business) whether you would want someone rezoning your neighborhood based on one persons resale value. Because that's all it boils down to. Thanks for your time and consideration. Martin Wade 8028 Erie Avenue Chanhassen, MN 55317 612-949-3952 6/14/99 Mayor, Nancy Mancino Council Members, Mark Engel, Mark Senn. Steve Labatt and Linda Jansen Good morning. My name is Dan Lorinser, I live at 8020 Erie Avenue, and I am writing to you all about the issue of changing the PUD for Family of Christ to include Assisted Living and Office. First of all, I attended most of the neighborhood meetings with the church, the Planning Commission meeting and last nights City Council meeting. As you have noticed last night that the church was very well prepared tbr the meeting and I as a resident was not. The church filled the chamber with members and speakers. The church had a plan to override the Planning Commissions recommendation to not change the PUD to include Assisted Living and Office. Us neighbors didn't seem to think that we needed to go beyond the Planning Commission, so the low turnout. I am sure if the neighbors knew of the church having plans to fill the chambers with their members and to have speakers including children and a realtor, we would have responded accordingly. We neighbors do care greatly on the outcome of this request! I do have some points, commits to make about last nights meeting; first offall we have to remember that we are talking about changing the PUD fbr the benefit of the church. We are not talking about all of the great things a church can and will bring to Chanhassen as most of the church member's spoke of last night. They sidelined the issue to look soft and kind hearted, they sidelined the issue to bypass the Planning Commissions recommendation. They sidelined a lot of issues last night, for one, Starkey, the realtor, is he a member of the church? I don't think he said one way or another. Anyway, he stated that the home values on homes across from the strip mall of the dance studio, pizza and gas station, along with the other end by McDonalds and Goodyear did not go down in his study as we neighbors have stated will happen. This brings up two points; first, those parcels have always been and have been known to be Highway business. also those properties are located across a road (Lake Dr.) from the neighborhoods, not adjoining! The parcel of land just south of McDonalds. adjoining the neighborhood will be the same story, very soon also. Any~vay, yes it could be true that these properties on the other side of Lake Dr. did not have a down affect on our properties, but could we have expected a higher return on our homes if the commercial properties were not there'? I bet so! How many homes went up for sale in those two neighborhoods when commercial properties wanted to expand or build'? Did it take longer to get the asking price off of the sale? Why did those neighbors take the huge expense of moving? Some points may include noise, lighting, safety and loss ora neighborhood feeling. This property, the church is a buffer for our neighborhood from the grox~h that will happen along Highway 5 and Lake Dr. This Church is a main reason we bought our property 11 years ago. Ask yourselves if you would have bought a home next to a church or next to an office complex. Some people may not care, but the reality is that people bought and built homes knowing that a church was their neighbor and that nothing was going to change that, the zoning says so. Would you like to live next to a park or in a culdsac and find out that it is going to turn into a business office with a through street generating traffic, noise, lighting andjust more people than you had ever wanted when you made the huge investment in this home'? I think not! We did not build or buy in these neighborhoods to have this done to us either. We believed in the PUD zoning. Was that a mistake on our part'? This is not an issue over returning this property to the tax roles, if it does not sell to a church looking to grow or come into Chanhassen, that church will purchase land, in Chanhassen, and take the parcel off of the tax roles. Family of Christ has stated that some churches have interest in purchasing this property. One church doesn't want the change in zoning as Family of Christ wants you to believe any church needs. This rezoning is to maximize the church monies to go and build on another sight. Would you consider rezoning my property so I can sell it to Burger King? That way I can broaden my search in buyers, and Burger King will pay more than anyone wanting to make it their home. and Burger King will end up paying much more taxes than I currently do. Family of Christ says that they have a buyer for the property right now, as soon as they get the PUD to include Assisted Living and Office. Remember that the buyer is Lutheran Brotherhood. As soon as the rezoning goes through Lutheran Brotherhood will sell the property to the highest bidder. Who is going to bid higher and be able to come up with the monies sooner, a church or some business'? You know the answer to what will happen. We are not an unreasonable group of homeowners here. We have accepted development in and around our neighborhood. This rezoning issue is not around our neighborhood; it is in our backyards! Very different. I ask that any or all of you to come over to our houses and take a look from our point of view. Don't just drive by, come into my backyar& my children's bedrooms and take a look out at what may happen if you change the zoning to allow anything else but a church. PLEASE! Assisted living is a great idea, but it is an idea the can be built anywhere in Chanhassen, it does not need to be linked to the zoning issue. Once again it is a way for the church to pull on your soft side suggesting an Assisted Living complex, how could the city mm that down and be so cold bloodedHeck while we are at it, why not a new public library! Chanhassen needs one; we could reuse the building, a perfect transition between neighborhood and business. No real loss of taxes. Come on Chanhassen, be the good guy! Don't mm down a chance to give us taxpayers a very badly needed library! It would promote usage of the walking bridge and could be used for Boy/Girl Scouts, Senior Citizens and many others that the church says we. as a community will miss out on if we don' t approve the rezoning. Please contact me any way you can, by phone. Email or stop on buy and take a look day or night. I can be contacted at; Day Phone 612.853.6659 Home 612.937.8801 Email lorinserd(&:vtc.com Thank you in advance, Dan Lorinser 8020 Erie Ave. Chanhassen. MN. 55317 ,K,aren En~lelhardt From: Sent: To: Cc: Subject: Ronald Larson [ronelain@mneta, net] Wednesday, June 23, 1999 8:59 AM Mancino, Nancy Engel, Mark; Jansen, Linda; Labatt, Steve; Senn, Mark Family of Christ rezoning request Dear Mayor Mancino and Chanhassen City Council Members, We ask for your positive support of the Family of Christ Lutheran Church rezoning request. This issue has kept our congregation in limbo long enough. We believe that a fair and reasonable alternative has been offered. It is very important for our church to move on, as we are bursting at the seams. Thank you, 'Ron and Elaine Larson, Waconia Family of Christ Members Aqq-Ar4w TO: FROM' SUB]ECT: DATE: Chanhassen City Council Members and Mayor 0 5 1999 Randy Koepsell, Steve Nornes, .lim Sulerud, Bill Franzen and Mate Castens, Building Committee and Members of Family of Christ Lutheran Church Rezoning of Family of Christ's present location at 275 Lake Drive East May 4, 1999 Attached you will find our demonstration of the fact that our request meets the criteria for rezoning as set forth by City Staff. In addition, other issues had been raised and we have an attachment that addresses these as well. Finally, we have included a petition supporting our application for rezoning. It includes over 220 signatures representing members both resident and non-resident as well as non-member residents. We request that you vote to amend the PUD to allow for church, assisted living and office uses. Thank you. Criteria for rezoning: No special treatment- This criteria is met: a. ]:t is the practice of the city to assign underlying/alternative zoning: b. This meets the city's desire for adaptive reuse. c. Churches have been provided with underlying zoning. City staff has indicated they will provide this information for the churches located in Chanhassen. Benefits the community - a. Assisted Living(for - Council has community. This criteria is met: Seniors) identified this in planning as a need in the Low impact relative to traffic and safety concerns. Provides a place for community families to allow mom and dad to stay in the community close to family. Staff found this to be an appropriate site for this use. Provides jobs in the community May be a taxable use as determined by county tax assessor. It is an adaptive reuse Office Low impact relative to traffic, generally 8:00 a.m. - 5:00 p.m. Monday thru Friday. Safe, all entrances are on Lake Drive East, not on residential streets. Places the property back on the tax rolls at an estimated built out assessment of $100,000 in taxes per year. .lobs in the community. :It is an adaptive reuse. Provides additional, more affordable office space by reusing existing building versus new construction. Complies with comprehensive plan (not incompatible with surrounding land uses) -This criteria is met: Note: The 1990 comprehensive plan (drafted in the mid to late 80's) guided this property for use as high density residential. We have not pursued this use, yet, because this is one of the uses the neighbors least liked and because it is not an adaptive reuse. Approval pending on a much larger office project, Northcott, across the street (up to 80,000 sq. ft.). Our land use, as defined by natural topography and community's infrastructure is the Lake Drive East corridor, not the residential neighborhoods (Chan Estates and Hidden Valley are clearly bounded in ways that exclude our property). The 1990 comp plan recognized these natural differences by identifying our property as high density residential. Originally Highway 10! was planned to correspond with Lake Drive East. There are other examples of office use bordering residential neighborhoods, such as Village on the Ponds, The National Weather Service Station/Post Office complex, the southeast corner of Dakota & Lake Drive, downtown areas, etc. If the other two uses, assisted living and office, meet the same design criteria (screening, berming, set-backs, .landscaping, construction materials, etc.) as the church then these other uses cannot be incompatible with land use criteria. The points related herein demonstrate we meet the criteria necessary for rezoning. Other l ssues: We have addressed and met the criteria for rezoning as set forth by city staff. However, neighbors have raised other issues and we will respond. Hardship - if hardship is considered for one party (neighbors) then the hardship for all parties must be considered: a. Our appraised value is $:[,000,000. b. Our asking price is $895,000. c. We have an offer in the $750,000 - 850,000 range depending upon the final sale. This is already :[5-25% below appraised value. d. We have had discussions with churches for over 21/2 years. Indications were they could afford $400,000 - 500,000. We have not received an offer from a church at any price, let alone, one that demonstrates approved financing. We have done mailings and contacted church organizations in our search for a church buyer. We have had inquiries from at least a dozen churches. Size and relocation of their congregation are issues. To not rezone this site so that another church can buy it for less than it otherwise could be sold for must be dismissed as unreasonable. e. A condition of the financing for our new site is we must sell and close on our current site before building on the new site can begin. This is obviously a difficult condition to work with, however, we have been able to find a buyer who will close on the property, lease it back to us and then resell it based on the land uses applied for. f. If we don't sell, we can't move. g. We've been working on this project for over 5 years and the city council has been working with us relative to the Bluff Creek site. Let's not stop it now. h. Neighbors have indicated they believe their market values will drop. This has not been the case elsewhere and is perception only. Real estate sales data for the past five years shows that there is no major change in the sale price of homes adjacent to changed "office/institutional" zoning, in Chanhassen two areas where such changes took placed are in the neighborhood of the weather station & post office complex (off Audubon Road) and along West 79th Street (adjacent to the building and office development along West 78th). In both those cases value of those properties continued to increase within 5% of the increase in Chanhassen overall. If we can't sell this site we may be forced to sell the Bluff Creek property and develop the Lake Drive East site to the fullest extent possible - a. Preschool b. Added traffic c. On street parking requests d. Increased number of worship programs/services e. Youth programs f. Evening/weekend activities g. Bussing to/from schools h. Outdoor recreational programs - everything we plan to do at the new site must be worked into our present site - clearly these uses would have a greater impact on the neighborhood than either of the other two uses. Churches provide more than worship and Sunday School. Activities grow out of the church's conviction that they are public citizens and serve the wider interests of the community. Family of Christ Lutheran Church now or envisions someday in the future the use of our facilities and grounds for ..... a. Preschool b. Daycare c. After-school-hours latchkey program d. Teen or pre-teen activities, including drop-in center, "coffee house," recreation, movies e. Counseling center provided by denominational or charitable services or by the congregation f. Foodshelf g. Homeless shelter h. Retreat center for synod or regional use i. Rallies, revivals, or denominational conferences and programs j. Tutoring k. English-as-a-Second-Language and other cooperative community ed programs I. ECFE m. District :[12 or other school district n. Polling place for community elections o. Community service organizations and groups such as AA, Alanon, Scouts, 4-H, Rotary p, Refugee resettlement q. Suburban/Inner-city youth exchange center r. Parochial school s. Adult daycare Developing and mature communities are continually reviewing and revising their land use decisions. Cities can and do rezone as times, needs, development and community change. In developing this request we had four meetings for residents of the neighborhood and the most in attendance at any one time were 4-6 households with 10-12 households in total. We wanted to work with neighbors in developing compatible land use, and though neighbors assured us they understood our dilemma, they could offer us no alternatives. PETITION ~,,~ °~ ~ TO CHANHA$$EN CITY COUNCIL I AM COMMITTED TO THE WELbBEING OF THE CHANHASSEN COMMUNITY. I WANT THE PROPERTY AT 275 LAKE DRIVE EAST REZONED TO INCLUDE THREE USES (CHURCH, OF- FICE, RESIDENTIAL [ASSISTED LIVING]) COMPATIBLE WITH THE SURROUNDING AREA. I STRONGLY BELIEVE THIS WILL BENEFIT OUR WHOLE COMMUNITY. NAME ADDRESS CHURCH MEMBER/RESIDENT / / / / / / / I .:~ / / / / / / / / / / / / / / / / 1 / / / '% TO PETITION CHANHA$SEN CITY COUNCIL I AM COMMITTED TO THE WELbBEING OF THE CHANHASSEN COMMUNITY. I WANT THE PROPERTY AT 275 LAKE DRIVE EAST REZONED TO INCLUDE THREE USES (CHURCH, OF- FICE, RESIDENTIAL [ASSISTED LIVING]) COMPATIBLE WITH THE SURROUNDING AREA. STRONGLY BELIEVE THIS WILL BENEFIT OUR WHOLE COMMLINITY. NAME ADDRESS CHURCH MEMBER/RESIDENT / / / / / / / / / / / / / / / / / / / / / PETITION TO CHANHA$$EN CITY COUNCIL I AM COMMITTED TO THE WELDBE1NG OF THE CHANHASSEN COMMUNITY. I WANT THE PROPERTY AT 275 LAKE DRIVE EAST REZONED TO INCLUDE THREE USES (CHURCH, OF- FICE, RESIDENTIAL [ASSISTED LIVING]) COMPATIBLE WITH THE SURROUNDING AREA. I STRONGLY BELIEVE THIS WILL BENEFIT OUR WHOLE COMMUNITY. NAME ADDRESS CHURCH MEMBER/RESIDENT /,X / Z. / >- / ~:. / / / / / / L~ /' ~ / pC / fP / / / / / / / / / / / / / / / / / \b PETITION TO CHANHASSEN CITY COUNCIL I AM COMMITTED TO THE WELbBEING OF THE CHANHASSEN COMMUNITY. I WANT THE PROPERTY AT :)75 LAKE DRIVE EAST REZONED TO INCLUDE THREE USES (CHURCH, OF- FICE, RESIDENTIAL [ASSISTED LIVING]) COMPATIBLE WITH THE SURROUNDING AREA. I STRONGLY BELIEVE THIS WILL BENEFIT OUR WHOLE COMMUNITY. NAME ADDRESS CHURCH MEMBER/RESIDENT / 1 / / / / / / / / / / PETITION TO CHANH^$$EN CITY COUNCIL I AM COMMITTED TO THE WELL-BEING OF THE CHANHASSEN COMMUNITY. I WANT THE PROPERTY AT 275 LAKE DRIVE EAST REZONED TO INCLUDE THREE USES (CHURCH, OF- FICE, RESIDENTIAL [ASSISTED LIVING]) COMPATIBLE~It~'THE SURROUNDING AREA. I STRONGLY BELIEVE THIS WILL BENEFIT OUR WHOLE COMMUNITY. NAME ADDRESS CHURCH MEMBER/RESIDENT ~.(~ / PETITION TO CHANHA$$EN CITY COUNCIL I AM COMMITTED TO THE WELbBEING OF THE CHANHASSEN COMMUNITY. I WANT THE PROPERTY AT 275 LAKE DRIVE EAST REZONED TO INCLUDE THREE USES (CHURCH, OF- FICE, RESIDENTIAL [ASSISTED LIVING]) COMPATIBLE WITH THE SURROUNDING AREA. I STRONGLY BELIEVE THIS WILL BENEFIT OUR WHOLE COMMUNITY. NAME ADDRESS CHURCH MEMBER/RESIDENT PETITION TO CHANHASSEN CITY COUNCIL I AM COMMITTED TO THE WELL-BEING OF THE CHANHASSEN COMMUNITY. I WANT THE PROPERTY AT 27.5 LAKE DRIVE EAST REZONED TO INCLUDE THREE USES (CHURCH, OF- FICE, RESIDENTIAL [ASSISTED LIVINGJ) COMPATIBLE WITH THE SURROUNDING AREA. I STRONGLY BELIEVE THIS WILL BENEFIT OUR WHOLE COMMUNITY. NAME ADDRESS CHURCH MEMBER/RESIDENT TO PETITION CHANHASSEN CITY COUNCIL I AM COMMITTED TO THE WELbBEING OF THE CHANHASSEN COMMUNITY. I WANT THE PROPERTY AT 275 LAKE DRIVE EAST REZONED TO INCLUDE THREE USES (CHURCH, OF- FICE, RESIDENTIAL [ASSISTED LIVINGJ) COMPATIBLE WITH THE SURROUNDING AREA. I STRONGLY BELIEVE THIS WILL BENEFIT OUR WHOLE COMMLINITY. NAME ADDRESS CHURCH MEMBER/RESIDENT / / / X / / / / / / / M / / / / / × / / / / / / / / PETITION TO CHANHA$$EN CITY COUNCIL I AM COMMITTED TO THE WELbBEING OF THE CHANHASSEN COMMUNITY. I WANT THE PROPERTY AT 275 LAKE DRIVE EAST REZONED TO INCLUDE THREE USES (CHURCH, OF- FICE, RESIDENTIAL [ASSISTED LIVING]) COMPATIBLE WITH THE SURROUNDING AREA. I STRONGLY BELIEVE THIS WILL BENEFIT OUR WHOLE COMMUNITY. NAME ADDRESS CHURCH MEMBER/RESIDENT I/ ,/ ,/ PETITION TO CHANHASSEN CITY COUNCIL I AM COMMITTED TO THE WELL-BEING OF THE CHANHASSEN COMMUNITY. I WANT THE PROPERTY AT 275 LAKE DRIVE EAST REZONED TO INCLUDE THREE USES (CHURCH, OF- FICE, RESIDENTIAL [ASSISTED LIVING]) COMPATIBLE WITH THE SURROUNDING AREA. I STRONGLY BELIEVE THIS WILL BENEFIT OLIR WHOLE COMMUNITY. NAME ADDRESS CHURCH MEMBER/RESIDENT / . / / / PETITION TO CHANHA$$EN CITY COUNCIL 1 AM COMMITTED TO THE WELbBEING OF THE CHANHASSEN COMMUNITY. I WANT THE PROPERTY AT 275 LAKE DRIVE EAST REZONED TO INCLUDE THREE USES (CHURCH, OF- FICE, RESIDENTIAL [ASSISTED LIVING[) COMPATIBLE WITH THE SURROUNDING AREA. I STRONGLY BELIEVE THIS WILL BENEFIT OUR WHOLE COMMUNITY. NAME ADDRESS CHURCH MEMBER/RESIDENT / / / / / / / / / / / / / / / / / / I / / / / / / / / / / / Page 1 .of 1 Kate Aanenson From: To: Sent: Subject: JIM UDSTUEN <JIM.UDSTUEN@wcom.com> <mayor@ci.chanhassen.mn.us>; <ljansen@ci.chanhassen.mn.us>; <mosenn@ci.chanhassen.mn.us>; <mengal@ci.chanhassen.mn,us>; <slabatt@ci.chanhassen.mn.us>; <sbotcher@ci.chanhassen.mn.us>; <chplndir@ci.chanhassen,mn.us> Saturday, May 22, 1999 9:20 AM Rezoning Request for 275 Lake Drive East Dear Mayor Mancino and Members of the City Council: I am opposed to the rezoning of the Christ Lutheran Church. Since the proposed rezoning is to increase the resale value of the property. This is not a valid reason or benefit to the community. Nor was it in the original comprehensive plan. If rezoning is an option to increase property value or potential buyers, where or when would this stop? Please do not approve the request for rezoning. Thankyou, Jim Udstuen, 360 Hidden Lane 949-0831 5/24/99 Page 1 of l Kate Aanenson From: To: Cc: Sent: Subject: <FINANCONCE@aol.com> <mayor@ci.chanhassen.mn.us> <chplndir@ci.chanhassen.mn.us> Monday, May 24, 1999 9:58 AM Church Rezoning I would like to voice my strong opinion regarding the Family of Christ Lutheran Church rezoning. I live at 8100 Hidden Court, I feel rezoning this area for anything other than a church would be a destruction of our neighborhood feeling and character, it would also decrease the property values. I purchased a home in Chanhassen for the peaceful, friendly, low crime neighborhood. I do not want an assisted living facility or office building put there. Laurie & David Lee 937-2505 5/24/99 Planning Commission Meeting - April 2 I, 1999 city 30 days in advance to request extension of the sewer and water service from Ashton Court. 12. Lot 1, Block 1 xvill be subject to sanitary sewer and water hookup and connection charges at time of building permit issuance. The cost of extending the sewer and water service shall be deducted from the sewer and water connection charges. 13. A private driveway and utility easement and maintenance agreement shall be recorded in favor of Lot 1 and Lot 2 by the developer. 14. The developer shall be responsible for extending a sewer and water service to Lot l through Lot 2. 15. The developer shall be responsible '~br payment of total SWMP fees of S1,533.53. These SWMP fees will be due payable to the city at time of final plat recording. 16. A variance be granted to permit a driveway as shown on the plans. All voted itl favor and the motion carried. PUBLIC HEARING: REQUEST FOR AN AMENDSIENT TO THE HIDDEN VALLEY PUD TO ALLOW CHURCH FACILITIES. ASSISTED LIVING FACILITIES OR OFFICES AS PERMITTED USES AND TO INCORPORATE SPECIFIC DESIGN PARAMETERS FOIl FUTURE DEVELOPNIENT OF LOT 1, BLOCK 7, HIDDEN VALLEY ON PROPERTX,' LOCATED SOUTH OF LAKE DRIVE EAST AND EAST OF HIDDEN COURT. 275 LAKE DRIVE EAST, FAMILY OF CHRIST LUTHERAN CHURCH. Public Present: Name Address Joan Andrew Donna Becket Monte Eastvold Dave Cameron Peter M. Benjamin Dick & Pat Hamblin Rev. Cindy and Phil Shepherd Ivan Payne Gordy Nagel Greg Gmiterko Brian Steckling Heide &. Callie Walker 10441 Lee Drive, Eden Prairie 8060 Hidden Court 8180 Hidden Court 816l Hidden Court 7231 Minnewashta Parkway 340 Sinnen Circle 7801 Great Plains 7612 Kiowa Avenue 514 Del Rio Drive 8121 Hidden Court 8040 Hidden Court 750 West Village Road, 0103 12 Planning Commission Meeting - April 21, 1999 Brad Johnson ' Randy & Marilyn Koepsell Robin Franks Dan Lorinser Dan Lechelt Laurie Vercnocke Klm Simenson Sharon Wylie Eleanor & Tom Kottke Martin Wade Thomas Loos Lynn & David Jossi Vernelle Clayton Karen Cook Sue McCarthy Karen Hongslo Jaime Drahozal JeffOlson Bill Franzen Steve Noires Jim Sulerud Lee Kaufinan Carol \Vatson Paul Nicolia Nate Castens 7425 Frontier Trail I 110 Dove Court 8694 Mary Jane Circle 8020 Erie Avenue 841 Saddlebrook Pass Colonial Church Colonial Church Colonial Church 518 Laredo Lane 8028 Erie Avenue 8030 Erie Avenue 250 Hidden Lane 422 Santa Fe Circle 260 Hidden Lane 8001 Hidden Court 310 Hidden Lane 8091 Hidden Court 2520 Bridle Creek Trail 2370 Stone Creek Lane West 1451 Heron Drive 730 Vogelsberg Trail 300 Hidden Lane 7131 Utica Lane 8051 Hidden Circle 7605 Erie Avenue Cynthia Kirchoff presented the staff report on this item. Peterson: Questions of staff?. Jovce: Mr. Chairman. I have a question. Would you know if that assisted living, would that be for a profit or non-profit situation, or it could be either one'? Aanenson: Yes. Joyce: Could be either one? Aanenson: Could be either one, correct. Joyce: Okay. What's the history of that development over there as far as the homes? Where they built at the same time as the church? Or were they built before the church, do you knoxv? Kirchoff: The church was built after the homes. After the homes were started. 13 Plarming Cornmission Meeting - April 21, 1999 Joyce: Kate, maybe you can help me out on this. There was rnention about most church properties in Chanhassen have an underlying alternative use. And I'm thinking of that Lutheran church right across fi'om Festival, or what... Aanenson: That's zoned OI. So is the St. Hubert's. Not the old, old but the old St. Hubert's which now has Chapel Hill. That is OI. That's why the school is in that facility. As you recall when they came in, we requested that that group show, disclose to the Planning Commission and the Council the ultimate plans. They are putting a gymnasium in. They are putting soccer fields in. They do have a 5-10 year plan so that use will change. The OI does allow for different underlying uses which was some of the discussion as Cindy indicated that we went through that list to look at. Joyce: Will we be that specific about, and inside the definition of OI can we be that specific and pick out? Aanenson: Under PUD, that's why we recommended the PUD. The applicants have provided, which they'll go through with you, the design standards which Cindy attached to the report. That's whv we felt strong or, there was a couple options. One was to try to clear up the cloud. Whoever buys that property, there's a cloud on it. It xvas never given a conditional use and it's non-conforming so if someone xvanted to expand, I'm sorry my voice is going. If someone wanted to expand, we have to resolve that issue. So we said that we would process that and clear up that cloud by either giving them an amendment to the PUD to make it a pem~itted use or give them the conditional use. but we felt uncomfortable giving the carte blanche OI because it was never the intent when that originally came in, to give them that wide range use because they would put the commercial on other side of Lake Drive. So in looking at that and in meeting with the church, we said if there's shorter list that we could put together that's palatable to the neighbors, we would consider that and that's who we came up with the shorter list. We do have other PUD church uses. just to elaborate. The Jehovah Witness in that industrial park came in. That is a church use only permitted on that lot. If'that church was to go away and they couldn't sell it, could they come back and ask for industrial? \Vould we look at it? Probably. And the other one is the location of the Our Family of Christ which you recently approved in that site plan. That PUD does alloxv roi' a church use only on that lot. Again, if they were to go away and they wanted to come back and ask for something else, certainly we would go through the same exercise and examine what would be some other uses. Joyce: Is that a normal, are those normal lot sizes roi' the subdivision in that area to make it up to be an acre or however you were suggesting... Aanenson: One lot size, if it was split, is that what vou're asking? Joyce: I'm saying if we, if they were interested in subdividing it, that would be the normal, that's the minimum requirement is an acre in that particular? Kirchoff: In that PUD'? 14 Planning Commission Meeting - April 2 I, 1999 Joyce: Yeah. Aanenson: No. Joyce: You did say. Kirchoff: Yes. we did come up with standards for rninimum lot size in the event it is subdivided. Are you refen'ing to Hidden Valley or? Joyce: No, I'm talking about, or any area. Could they subdivide for instance in that, in the property next door2 The Northcott. Could they have subdivided that property? Aanenson: Yes. Joyce: Is there standards for that I guess is what I'm asking. Aanenson: There's a minimum lot size in that district. Joyce: And what would be? Aanenson: That's neighborhood business district. KirchofT: It's 15.000 square feet but there's a larger size for development. That was one lot in a development. The minimum size is 15.000 square feet. I believe it's 3 acres for the whole development. Joyce: It's a 3 acre parcel of land so why can they subdivide it in it's 3? Aanenson: It's not zoned. It's PUD. Joyce: Right. Aanensor< Right, so we figure the bigger standard for that based on... We tried to find a compromise position. Joyce: I got it now. Okay. I understand now. Peterson: Other questions? Sidney: Mt'. Chaim~an... Kirchoff: The only thing that has been submitted is what I've put in the packet. You can put it on the overhead. Aanenson: They'll ~o throu,q~ that. 15 Planning Commission Meeting - April 21, 1999 Kirchoff: They'll go through, they have a larger. Aanenson: Yeah, just trying to at-ticulate what the differences would be. Peterson: Other questions? Cindy, I only have one. What's the range of zoning that would allow for assisted living? Kirchoff: The only zoning district that permits it is OI, nursing home. Peterson: What's ballpark, how much of that left do we' have? Kirchoff: Of OI? With open. Aanenson: I'm not sure there's a lot left. We have some guided in the future. With the 2000 plan we provided some additional along some of the collector roads as a buffer use. Peterson: TI.tanks. Would the applicant or their designee wish to address the commission? If so, please come forxvard and state your name and address please. Vernelle Clayton: Thank you. I'm Vernelle Clayton. I am at 422 Santa Fe Circle. I am also here because [ am with l_otus Realty and I would just like to start out by saying we have a relatively I tl.tink simple isstle but a very important one. I'd like to also initially kind of clear the slate of a couple of misunderstandings. Perhaps a couple of mvsteries. One is what is Lotus Realty's role? I understand there's been some misunderstanding as to what our role is. I think in tl'te nan'ative that I provided that was a part of your package, I explained that we have been retained by Family of Cl.trist Lutheran Church to assist them in the sale of tl-teir property. Our role has expanded just a little beyond just a plain, old come and be a real estate agent and help tis sell our property in that we are here tonight helping them with this aspect and there's one other phase ti.tat we will be moving into possibly. I'll explain ti'tat as we go. I'd also like to deal with a little bit of misinformation. A couple of things that have come tip with respect to a letter that's been circulated. One is a little bit ora misunderstanding as to what the church's marketing effort has been. And to understand ti'tat I think we just have to go through a few simple facts that need to be conveyed and I'll just do them in n.tore or less chronological order. Nm'nber one, the church, contrary to what I said in the infom.tation ti'mt [ gave you which irnplied that they'd been marketing it for a little over a year. Actually looked into their file just yesterday and discovered that time does fly and the first contact with local churches actually took place in June of 1996. In Jamiary of 1997 they commissioned an appraisal and during the ensuing period the following steps were taken. (A), a dialogue was had with local and (b), communication was had with all of the church organizations which coordinate the expansion of churches such as, you've probably all heard of the Minnesota Council of Churches for example. And I would just like to comment that of all of the types of users of property, churches are probably the easiest to communicate with due to their internal structuring of the church expansion process. It's relatively easy to be sure that the information of the availability of a church location has been thoroughly communicated and we're totally convinced that this has been done in this case. There just aren't 16 Planning Commission Meeting - April 21, 1999 that lnany nexv church buyers at any given time and it's not quite like selling a house. Number two, unfortunately there was I understand a statement attributed to our effort which has caused a little bit of concern and some pain on the part of at least one of the churches that is currently actively pursuing this property. And that was, the quote is this as was passed on to me by some of the folks from that church. The quote attributed to us here at Lores was that we have not had any proposals from viable churches. And I have assured that church that, who is still actively pursuing it, that we have never said such thing and of course would never say such a thing but rather there may have been a comment made that we had not had a viable offer. We consider all of the local churches viable churches. This church, Family of Christ Lutheran Church has been willing to sell at less than it's full appraised value but it has not been willing to sell at close to a 50% redtiction. The building committee of churches have a fiduciary responsibility to the members who's money it is that has built the church. To see that these contributions are safeguarded and it would not have been prudent for them to have accepted a drastically reduced price. Third item to clear tip is the change in zoning. It's not a rouse on the part of Lotus Realty to seek to make a profit. Yes, until it is no longer prudent, we will continue to seek a church buyer. There cun'ently are txvo church buyers with whom we are communicating. As far as 1 know they're both here in the room. We would like nothing better than to see these parcels retained, this parcel retained as a church and we aren't anxious to undertake the additional risk. Having said that I need to move on to another misconception and that is. the fact that this parcel may be sold to another churcl't does not mean that our request does not need it. I'll get back to that in a minute but first let me explain the recent chain of events that brought us here tonight and that's the timing. Number one, Family of Christ having determined it needed to expand and having explored many options, purchased a new site. As you know these days one has to be sure that one has a place to go before one sells it's current location or tile new location would likely be gone. Particularly here in Chanhassen where land is at a premium. Number two, Family of Christ has received site plan approval for it's new site. Family of Christ's only available financing requires that the old property be sold and closed before a new loan is funded. You may not appreciate how difficult it is for churches to find financing. There are limited sources of third party final'~cing and as I alluded to earlier, there is a hieral'cl'~y, a sort ofregionalism tbr all ctaurches. Either there is. for example with the Catholic Church there's the archdiocese. That's the group that decides in fact where new churches are planted for Catholics. That's the church that assists with the funding or directly funds them. With all large churches there's tile same type of hierarchy. With the smaller denominations with fewer churches, there's a sol\ of consortium. Minnesota Council of Churches is one entity that assists those and it's those hierarchy organizations that in most cases are the source of funding for new churches being planted. New churches expanding. Lutheran Brotherhood then being affiliated with the Lutheran churches has agreed to buy the property and hold it during the construction so that Family of Christ has a place to worship. This is however an interim effort. Lutheran Brotherhood in order to do this requires that there be a take out third party and alternative uses to church uses for this site. Lotus Realty has agreed, and this is xvhere we expanded our scope of work fi'om what it was originally anticipated to be and that is in just assist them in selling. Has set about putting together a group ofinvesto,'s to take out Lutheran Brotherhood and so that it's perfectly clear, there a couple of us at Lotus Realty. only two of us. in a very limited way may need in order to put that deal together to become a part of the investment group. Work on the new addition will need to start by early fall. That is to say if there is no church purchase relatively soon, in order for the new use to be 17 Planning Commission Meeting - April 21, 1999 available at the time that this church moves into it's new facility so that we can in fact, the new group can take out Lutheran Brotherhood on their schedule, Lutheran Brotherhood's schedule, some work will have to be started at the office or assisted living construction by fall. $o that's the mechanics and the timing. Next the rationale. As the staff report states quote, typically churches are located in a zoning district that has other permitted uses such as OI or even mixed use PUD. Going on with the quote, churches with a conditional use permit in the RS1 district would have limited options for redevelopment, end of quote. As a practical matter we are not aware of any other church in Chanhassen that is so limited. As staff said, some churches have underlying zoning as OI. Some are mixed use PUD's. Some are in industrial park areas surrounded by office uses making a future transition to office use seemingly a relatively simple matter. We are only asking that we level the playing field for this church so that this church parcel is not burdened with so few options for re-use that it negatively impacts on it's value. If what we are doing is in fact correcting a situation which penalizes one property owner, then it does not appear that it would be construed to be improperly, given that property owner special treatment. Rather we will be making a policy decision which puts this church on equal looting xvith other churches in our community and the community benefits from a consistent policy. In fact when compared with other churches who's underlying zoning is OI, this church out of deference to the neighborhood is asking not for the xvhole list under O1, which was included in yonr packet, but rather only txvo uses which were selected based on their low impact on the neighborhood. Assisted living and office. We are recommending that our request be granted not only for the benefit of the current church user but also lbr the benefit of any church purchaser so that 10 ,,,'ears fi'om now they're not facing the same dilemma. And in fact it could be in an initial case, should there be a church buyer right noxv, the underlying, the expanded opportunity and the underlying zoning could make it easier tbr them to obtain financing since lenders always look to alternative uses for their security. Another question raised by staff' was compatibility of office use and here I need to show you a little blow up. I think perhaps I anticipated in jotting these notes down ti-tat you would have seen the layouts, or a couple of props that we brought along before no,,',' and so I'll just take the opportunity to show you those right now. Conrad: Yeah, v,;ould you repeat all that Vemelle? Vernelle Clayton: ...Staff stated that they felt information was lacking regarding the proposed office use. We have...that we would be more than happy to be a little more specific as to size. ...There is some practical rationale for making it a little bit smaller...the office will not exceed 25.000 square feet includin~ the existing 7,300 square feet of office and I v,,as =~,oino= to say that we xvould not have more than 150 parking stalls. Currently they're in the neighborhood of 90 I understand. So there's about 3,000 square feet less thar~ what's shown on the overlay that I just showed you. Some other questions that arose are among them are these. Are there other locations available for office use? Yes. Are there too many'? No. Aren't we always seeking to improve the tax base? Is this a reasonable location? Yes, and maybe even more so by the fact that we now have a new office building right across the street. Will the rates here be as high as in nexv construction? That meaning rental rates. No. Do xve have very many sites in Chanhassen where the rates are not new construction rates? No. only three. Across the street fi'om here by, across fi'om McDonald's, in the Bloomberg building and in the old bank building that's owned bv the city. Thus to begin to summarize, we're asking for three uses. Church, assisted living and 18 Planning Commission Meeting - April 21, 1999 office. Only church and assisted living, just those two, will not provide the flexibility needed and would not be acceptable to either the take out buyer or to Lutheran Brotherhood and the church would not be able to proceed. I should explain that assisted living is a very specific use. If we're trying to solve a problem for long term, there certainly is no assurance that 10 years fi'om now, whenever the next church, would want to have some adaptive re-use. There be ally demand at all for assisted living. We'll probably all be living until you know 120 and then just suddenly die, but who knoxvs. Who knows, I mean you just don't know what's going to be popular or possible or economically feasible in 10 years. We don't even know what's going to be feasible in 6 months. Somebody may corne in here and build something for 100 units and that certainly would exceed the demand. We have reviewed several other alternatives and these three seem to have the least impact on the neighbors. An alternative for example such as apartments might be acceptable to the investors but it's not acceptable to the neighbors. We understand that some of tile neighbors simply want the property limited to church use. Having heard from them we then asked supposed it is changed, what can xve do to limit your discomfort? Among the answers were, a decision is important, as much as uncertainty is difficult to deal with. And a use with as Iow traffic as possible. Based on that input we then elected to propose and discuss with the neighbors the three uses. Church, assisted IMng and office, and xve said again, if these plans were approved, what can we do to limit your discomfort? The primary request was buffering as I said. Thus we have shown rather extensive and specific buffering which we assured them we ~vould seek to have approved along with the use designation so that the neighbors would be given assurance that future site plans would need to comply with the buffering plans that we establish tonight. An additional comment was that there would be no noise along the rear from loading and unloading, and as you can see we have provided no access across the rear of any of the building. Some other observations regarding the benefit of establishing this Policy for this site are. one. The longer a parcel remains undeveloped or under developed, the greater the pressure for increased density there is fbr the parcel. In other words, if it's going to come before you in the next few years, the density will probably be much higher because so much more of Chanhassen will be filled in which would be so much pressure on each parcel for higher and hi~her density. Number two, there's perhaps nothin,, that is more. has a more detrimental affect on the value of property than a vacant building. \Ve're not savino, ,,_ this will be vacant but without. with limited adaptive re-use, that's a possibility. Number three, while this community is appropriately supportive of it's churches, it is not so supportive that it should jeopardize the opportunity to return a no longer functional church property to the tax roles. Number four. There is no assurance that a purchase that church with a major expansion and increase traffic and daily activities, evening and weekends, would in the long run be a better experience roi' tile neighbors than the two alternatives proposed. Number five. The trend these days is to be closer to commercial activity. For example, tile apartments just rented in Shakopee had a choice of river view or commercial Street view and the later, tile commercial street view apartments rented before the river views. There is a perception that proximity to commercial property reduces residential property values. But in real life there is very little hard evidence to support the perception. So I would finally like to turn to number seven. That is tile staff revise document that is the development standards for this lot and block. We're requesting that the deleted language at office be replaced but preceded by the word between office and before the word professional insert up to 25,000 square feet. 19 Planning Commission Meeting - April 21, 1999 Peterson: Vernelle, where are you at? Vernelle Clayton: I'm at Attachment #7 in your packet. Attachment #7. Oh, it's the first page under permitted uses, the first was church. The second one is office. The paragraph should be preceded by the words up to 25,000 square feet of professional and business office. Kate alluded to the fact that I might go through this with you. I certainly can. I don't know see that there is any need to go through the rest of what is on the first page unless you would want me to explain something. Under the special conditions, under setback. We're a lot, you know silly me. I thought if you stood in the back of the building and looked out the back, you're looking at the rear lot line. Little did I know that the plarming staff stands sideways but anyway I do know what they mean. I do want though to point something out to you, having made that change, there is something that might get lost. I had said the rear lot line, parking as currently exists. No additional parking. That was not insignificant in that now we need to add at side lot line, existing parking to remain. Additional parking 50 feet, and just to be totally up front as to why. We are not 100% sure that the parking that exists on the north end is exactly 50 feet. It might be but we're not sure it is. The rest of, do you have an interest in having me stay here so long that I take, go through this or have you gone through it? I am assuming you've gone through it. Peterson: I think it's fair to assume we have, yes. Vernelle Clayton: All right, thank you. Then I will skip to the only other change then from the modified version would be at number 11. Under office where it says per city code. I want to add then not to exceed 150 stalls. With that I would, next I believe, I guess I would ask if you might have any questions of what I just covered but I do want to introduce Reverend Nate Castens to speak with me too. Peterson: Let me open it up tbr questions first Vernelle. Any questions of the applicant'? Joyce: I do have a question Vernelle. When we're talking about the possibility of assisted living or the office scenario, are you talking about adaptive re-use or are you talking about razing the building and starting fi'om scratch? Vernelle Clayton: No, none of the plans that have currently been considered would envision tearing dov,,n the existing building. Joyce: Any idea if it was assisted use, if there would be profit or non-profit at this point? Vernelle Clayton: Well as she said, it could be either. What xve've been talking about in just a very embryonic stage as I recall would be for profit. Peterson: Other questions of the applicant? Vemelle Clayton: \Vith that I'll be back but I first would like to introduce Reverend Nate Castens, the Pastor of Family of Christ Lutheran Church. 2O Planning Commission Meeting - April 21, 1999 Nate Castens: Thank you. Mr. Chair and members of the Planning Commission, I'm Nate Castens, the Senior Pastor at Family of Christ Lutheran Church and I live at 7605 Erie Avenue. And on behalf of the membership of our congregation I appreciate the chance that we have to talk about our plans and to present them here to you this evening and on our members behalf, I also express our appreciation t'br the service that you do individually and as citizens as your role of planning COlnmissioners. We realize that your service is not always, your role is not always easy but it does benefit our community and l'br that we're grateful. Vemelle mentioned that in the past few months Family of Christ has hosted a series of about four meetings for our immediate neighbors and roi' other residents in our neighborhood and we have reproduced much of the same infol'mation that we offered to those folks. We've reproduced that in the documents that you've received fbr tonight's meeting. It presents the background that's rather extensive over the past oh 3 or 4 years. Tlne background for finis application and the rationale for permitting three appropriate uses for this site versus a single use as a church. We think this background information and it's rationale is helpful to give you the context for this application, but we are also convinced that this application does stand on it's own merit aside fi'om any questions about real estate or marketing or for that mattel- aside from any possible or potential buyers. Alongside church use we believe that the other two uses, the office use and the assisted living facility are appropriate because they add to the tax base of the community. These two other uses are quite similar to the office use recently perlnitted across Lake Drive East from our property. We believe the impact of office use or an assisted living facility would be equivalent to or perhaps less, the impact would be less than a church use. Expanded church use certainly. And these are uses that benefit not onlv the community but also w'e believe could possibly benefit tile neighborhood by providing a buffer or transition zone between a much bigger, much busier office on Lake Drive East. As well as providing some buffering between the Highway 5, the traffic corridor and this residential area. In addition with our COlnmunity's codes for setbacks and landscaping and constructiol] site and materials, especially as established in a PUD, these two other uses we believe cannot lnave a more negative impact than a church because furtlner churcln development would Imve to meet the same requirernents that those other two uses would have to meet. We believe tile question 1-bt the plarming commission is wtnether ours is a reasonable request roi' this amendment and whether tlnese three uses are appropriate as lniglnest and best use of this property, and xve believe so. Attending tonight also are other members of our congregation and rnembers of our church building committee. Jim Sulerud and Randy Koepsell and Steve Norness in particular as well as some other people will be certainly willing to engage in some questions and response. Thank you. Peterson: Tlmnk you. Vernelle Clayton: Mr. Chail'n~an, members of the commission. I will be happy to come back and answer questions but we have promised several members of the neighborhood, many of whom ir recognize and some of them seem to be new. who are here tonight, that they'll have the chance to talk and so I think it'd be fail' to let them talk right noxv. Peterson: Any' questions of Vel'helle? Okay. This item is open for a public hearing. May I have a motion and a second please. 21 Planning Commission Meeting - April 21, 1999 Burton moved, Blackowiak seconded to open the public hearing. The public hearing was opened. Peterson: This is a public hearing. Anyone wishing to address the commission, please come forward and state your name and address please. Prior to anybody standing up, I guess I'd like to preface. Obviously we have a lot of people here tonight and there's a lot of comments that need to be said and need to be shared. We want to hear all of them. I would like to caveat that by saying that if somebody has said exactly the same thing prior to you, we don't necessarily need to have you repeat that. We're relatively good of hearing 'and quantity does not necessarily, isn't necessarily needed so I ask for your consideration of both our time and everyone in the room. So with that, anyone wishing to address us please come forward. Sue McCarthy: I'm Sue McCarthy. I was here just two weeks ago. It seems like I get to see you guys a lot. I reside at 8001 Hidden Court, Chanhassen and on Monday I personally delivered a petition of 74 names fi'om the neighborhood of Hidden Valley, including streets of Erie, Erie Avenue, Hidden Court, Hidden Lane, Hidden Circle and Marsh Drive. So what I have to say today is really in addition to the letters you received in the packet that we sent out. In addition to the petition that xve also submitted to you all, not to be redundant Mr. Chairman of what you just said. We have, xve as a family, my husband and I as well as the neighborhood are generally opposed to the church's request for rezoning. That's the bottom line. And we want to explain that our opposition is not as a result that we're afraid of change or that we want to make sure that things always stay the same. Obviously we saw the new office go in across the street from us on Lake Drive, and this has been a very difficult decision for us as neighbors of the church. We like Family of Christ. We participate in their activities concerning the voting and the various other things that they offer to the community and we're really ibr that particular church. And we also really appreciate Nate and his congregation in inviting us to the various meetings, the four meetings that he held. That was very informative. I think that was one of the few occasions where we've had an opportunity to hear first hand from the developer as well as from the church what is going on, so I want to make sure that that's publicly stated. Hoxvever, while We do appreciate their efforts we also see that, we have ourselves in the past have taken a loss on our property and we really feel that what they're asking us to do in rezoning for office and assisted living is to take another loss on our property. We've spoken to our realtor and our realtor has told us that we will see anywhere between S5,000.00 and S 10,000.00 decrease in our property value when this decision is made to rezone. We know that the church intends no harm in this rezoning effort, and they really want to see the best for our neighborhood. However, this request will result in harm to the neighbors snrrounding this particular piece of property. All of us bought our homes with the idea that this was a church. And you might say well, you know okay. So it's going to be all office building. [ talked with people in all the neighborhoods abutting the church on Erie Avenue as well as those on Hidden Court, and the people that bought their property adjacent to that church, it was a very positive thing for them to reside next to a church. It wasn't ne~mtix'e and so for us to see that rezonin~ take place to an office, to assisted living, is not a positive thing for us because we like it as a church building. Not that the church can't expand. I don't think anybody is really saying we don*t want to see it expand. We're not even saying we don't want to see it set back 50 feet from my property line or whatever the exact amount is going to be on this particular proposal. It's the fact that it's going to be a different use. 22 Planning Commission Meeting - April 2 I, 1999 We, as lay people, see this zoning as a kind of covenant. It's kind ora promise and it benefits all of us in the community of Chanhassen by assuring predictable neighborhoods and a well planned community. And if we allow zoning to be this easily set aside for situations when it inconveniences one party, then it will not have much value to the community as a whole. And we're all tempted to find our interest as what is best for the community. We as neighbors also have that same issue. We think it is best. The church sees it as best because they want to grow. They want to move on to their new site and they want to have the ability to get the funds to move forward with that growth. We as neighbors want to preserve the neighborhood that we like. That we have currently and that we're used to enjoying. Now given this disagreement, the reasonable logic leads us to say that we should keep the zoning as it is. And we think it is a mistake to believe that this site is inadequate for any other church use in it's current zoning just because the current church has outgroxvn this particular building. Not all churches have the same life cycle as Family of Christ and we firmly believe that a church can move into the current site as it is today. We also want to make sure that the church, Family of Christ, can move onto their new site and we want to see them continue to thrive in our community, and we ourselves are really as neighbors of Family of Christ, are willing to help make that happen with that other church. But as neighbors we are not willing to give up our property values to support a development scheme that will hurt our neighborhood. What you've heard fi'om the previous speakers was that you were going to increase your tax base. I have a very hard time sitting in this meeting and being quie! when I hear that. In retrospect of 74 people who are also hard working taxpayers who will also see detriments to their property as a result of this change. So thank you for hearing us. I do hope you have read our petition and you've read the various letters and e-mails that have been sent to the committee. We appreciate you considering this and not rezoning. Thank you. Peterson: Before you leave, could you point out where your home is. Sue McCartlw: Mx' home is, this is me. No. this is me. I ann 8001 Hidden Court... Joyce: I know last. when I ,,vas over there I saw tile address so you're probably the person or the family most impacted by this dec/sion obviously. Sue McCarthy: As well as these families. Joyce: Definitely you're highly impacted, let's put it that xvay. Sue McCarthy: You've got it. That's why I'm... Joyce: \Vhat's your position on the ben'ning, the screening and all that kind of thing? Sue McCarthy: I think berming and screening is fine. Perhaps it ought to have been there today. But I think what's more detrimental is the type of use that will be put on the property. Because today we can see tile church and we have absolutely no berming, no screening. Joyce: Yeah, exactly. That's the reason for my question. 23 Planning Commission Meeting - April 21, 1999 Sue McCarthy: It's wide open, and to be honest, it doesn't bother us. It didn't obviously bother us because we bought the property with that notion that there was no screening. We also have an open drainage ditch right next to our yard but also was no detriment to us when we purchased it whi.ch will ultimately become a huge pond if this thing is put in. I personally don't see it as a detriment today in it's current site, the fact that we don't have ben'ning. I also don't, I personally am more opposed to the usage that they're going to put on this and the uncertainty of the usage that's going to be put on that land. For one thing, you've got three different uses. How can I tell a potential buyer of my house what is going to go on that property? Today it may be church but who's to say it's not going to be ultimately converted to an office or elderly assisted housing later on. And then I as a good faith seller have not been telling them the truth. So I really feel it's... conditional use and more fine tuning that isn't in today's building. We bought it... Joyce: It seemed like the applicant was trying to say you ~vouldn't be able to see it with tile screening and that doesn't matter to you is what you're saying. Okay. Sue McCarthy: I like the church...they've been a very good neighbor and I don't xvant to see it... Peterson: Anyone else? Martin Wade: My name is Martin Wade. I live at 8028 Erie Avenue. If somebody wants to flip ti'tis up. Highly impacted. You know everyone alwavs says, well you knoxv I knew when I bought my house that this was it and that's an easy thing to say kind of after the fact. The reality is, I did call up here to find out what the use was and it was church. So I did before I bought my house check that. So it ,,vas important to me and you know, so I think it slnould stay that way because as you said the nebulousness. You know I thought tine idea of a PUD was to plan it and the idea of opening it up to things that we don't even knoxv what the plan exactly looks like, that defeats the idea to me ofwlmt the PUD is ali about. So I'm really against the idea of approving something as a PUD when you don't even have the site plan for these other suggested ideas. She's showing you examples but nothing tlmt says that's wlnat it's going to be. And so the clnurch is fine. I'm really not fine with tine bem'~s or anything like that either. The church is beautiful and I like seeing it there alnd I bought rnv house for tlnat. That's all [ have to say. Peterson: Okay. thank you. Anyone else? Brad Johnson: My name is Brad Johnson. I live at 8026 Erie Avenue and...this house here. An easy way to notice is I'm the one that's doing the construction because I had a fire in my house about a year ago and I guess that brings up the point, why did I buy the lnouse where it is. I bought it as a HUD house. I saw it Inad a lot of work to be done. I'm used to a lot of hard work and I've lived in the church all my life. When I bouglnt that house I saw that hey, right next to me, most of my back yard is going to be open lot. If tile churcln ever expands it will be right there. And that excited me. At night, I used to have a deck out there. Sit out there. You see the stain glass windows and the steeple. I hear all the time that you know, are you sure you want to live next to a church bv the people that...and I said yeah. I talked to a lot of the people at work, a lot of my friends and said hey. You know that churcln that I used to live next to, they're talking about moving into a, either to assisted living or office complex. What do you think about that? 24 Planning Commission Meeting - April 21, 1999 Everyone shook their head and said I'd rather live next to a church. We like the church. I just, it's hard not to reiterate everything that she said as well as Martin said. All I can say is ditto to that but I'd hate to see it rezoned to a church because again anything other than the church, I guess I'm kind of repeating myself but I bought there because I love the church. I love to see it as a church. I thought it was always going to be a church. If it is office building, I doubt that I'm going to put a deck on the back. What's the point? Peterson: Okay, thank you. Phil Shepherd: Members of the Plarming Commission, my name is Phil Shepherd. I live at 5162 Tuxedo Boulevard in Mound. I'm a member of Colonial Church at Heritage Square, meeting in the old, old, old St. Hubert's. We are currently in the midst ora fund drive attempting to raise the money to purchase Family of Christ and our concern is that if it's possible for office use to be on that property, that money concerns will come in, having many more advantages than churches do and purchase it immediately. Thus acing us out of a potential site for our church growth. Lotus Corporation's presentation was very professional and I don't think it's fair for them to represent themselves as the real estate company. They are a development company and before you they are lobbyists in this particular role that they took on this evening and they're very professional and they're very slick and ordinary citizens don't have the time to prepare overlays and charts and graphs and l'rn not as familiar with the zoning laws as they are obviously but we feel very strongly in our church that we'd like the Family of Christ property to remain a church and not be open for office use. That's all I have to say. Any questions? Thank you. Dan Lorinser: Hello commission. My name is Dan Lorinser. I live at 8020 Erie Avenue, and i M~oxx, which house is mine... Peterson: It will make it a much safer drive home. Dan Lorinser: Everybody who preceded me. I do not need to repeat everything that they have said. I just wanted to show, she showed one sight line and I think it xvas from myhouse, l'd like to see that. That's my house. Now I have been on the existing berm right there on the church's side, on the other side of my fence. Right now with the berm that they say is very nonexistent, I can see over rny house. Standing there. So now, if they want to add a larger berm and trees, you can say goodnight to my sunsets. It will be over. I'I1 be looking at nothing but land. Besides just telling them that the church is why we bought our property. We've been there I 1 years. We did not enjoy the lot as much as xve would like to. I've had a fiat lot but the church in our back yard made up the difference. We would like it to stay there or at least keep the zoning as a church only. Thank you. Randy Koepsell: Hi. I'm Randy Koepsell. I'm a member of Family ofCN'ist. I live at 1110 Dove Court in Chanhassen. I first want to again thank you for considering our application. What we are asking tbr is what we believe is a well thought'out amendment to the PUD. To not repeat a number of things but to point out as in the staff report, uses requested are compatible to the neighborhood and community at large. In fact the uses requested other than church will likely have less impact on the neighborhood than a church. This was alluded to in the staff report. As a 25 Planning Commission Meeting - April 21, 1999 benefit of office use, because office hours are usually 8:00 to 5:00, Monday through Friday. Whereas church activities generally are on weekends. If use has a lower impact, what it really boils down to is what will the neighbors see. Considering the quality of the development that the city of Chanhassen requires, the neighbors will see basically the same structure, whether it's a church, office, or assisted living. With screening, berming, landscaping, setbacks, construction materials, the side and back views of the development regardless of the use will basically be the same. View is basically the same and the impact the same or less than a church. Any market value decrease is perceived at this point. Any expansion would likely have the same affect whether it's a church expansion or assisted living or office. Again what we presented is an application that is well thought out plan, compatible with surrounding uses. Again we are requesting the Planning Commission to approve the use as submitted in the application. I want to address the sell issue because I've been the one involved with that. We had a letter in June of 1996 from Colonial indicating that they were interested in the property. We got a letter in early 1997 basically stating that they felt our asking price was too high. If we wanted to do something with the asking price, they would possibly be interested again. They said they're interested again. At this point we don't have an offer from a church. So that's the status currently. Peterson: Thank you. Paul Nicolai: Hi, my name is Patti Nicolai, 8051 Hidden Circle. As far as the map. I am not on the map. I am not in the immediate vicinity of the church. I'm more set back in this area right here, and I guess my concern is not what I see and what is visible, the church, it's the use and what's important to the value of my land and the value of the property is the use of this area and what the impact is on the community. My children play on these streets and if there's more traffic or the use is not suitable for a close knit neighborhood, it does impact my usability of the area. The other thing, just listening to tl'te development, the one tl.ting I can see is ti'tat they're asking this council to change the zoning laws more for a real estate transaction. To increase the property values so they can go out and make a larger profit on the sale of this property and I don't see if there are cl.turches out there that are interested, why that can't be pursued in it's entirety. It's not like there is no interest out there fi'om other organizations of similar use. Why can't that be pursued and exhausted before going through and trying to rezone something that ultimately may not be successful and ultirnatelv may not be required. Those are the only comments I had. Thank you. Vernelle Clayton: There aren't any other folks speaking I do want to, I don't know if the Shepherd's have the same sort of conversations at home as my husband and I do but, oh! Well tl.ten I'I1 just say it now for what it's xvorth and you can argue with me. But I had a conversation with Cindy the other day where we were talking about how this zoning change would benefit Colonial Church if they were to purchase it. This zoning change, trust me, we're not trying to do anything that would prevent Colonial of Heritage Square from buying this. True, they have had a long time to make up their minds but I happen to know that they're making a really concerted last ditch effort here. We're not going to do anything, if they can do it in the time period that's available, but it probably isn't fair to make these people wait another year for them to get on with their Iives. This zoning change, when Colonial outgrows it as they will if they do the same sorts 26 Planning Cornmission Meeting - April 21, 1999 of things that other churches do, will be a significant benefit to them. We're not trying to do it to lessen their chances. Bruce Kirkpatrick: My name is Bruce Kirkpatrick. I'm a resident, I'm on the map here. My house backs into the property. I'm at 8032 Erie. And I believe anyway, half of my property backs onto the church property and ir just purchased my home in May and basically I realize when you purchase a home you don't know what's going to happen behind you but the bottom line is we purchased in good faith in reference to the property being a church facility. I have an enclosed neighborhood, and a young daughter and there's a lot of families that border on that and I would echo what the resident just said earlier. I think the challenge would be at the daytime activity of the facility, and yes. Maybe possibly the building structure is not going to change but the activity of office right in the middle ora residential area is a real challenge for me as a homeowner. And obviously there's no guarantees about property values going up or down. I don't believe taxes are going to drop if my property value goes down. And the bottom line is, you know why mess with something that's already in place? There is a church here that's interested in the area and as we look at the development of Chanhassen, I think we have to look at xvhat is cun'ently in existence and see if we can't put back in the same space another church facility. The bottom line here for me is just encourage you to not move quickly on this matter if we do have Colonial that's interested and as a resident right next to this property, it'd be ideal for us to continue to have a church on that facility. Again, for the safety of the neighborhood and the families and I really encourage you to take a look at not rezoning. Thank you. Peterson: Thank you. Karen Hongslo: Hi commission, my name is Karen Hongslo. I live at 310 Hidden Lane. I'm not on the map. Just bought my property fottr months ago. l'm brand new to Chai'~hassen. I'm brand new to Mirmeapolis. I wanted to let you know I'm a mother of three kids and we play on Hidden Lane, xvhich does come to an end to where the church is and !r am concerned about an office building going in. The people who talked about the possibility of an office building said ti'mt Monday througir~ Friday, 8:00 to 5:00. I stay home with my kids. We're out there Monday through Friday 8:00 to 5:00. I don't xvant to see traffic coming down our street. The other thing I wanted to bring up is that we've also heard a lot of ifs, usually and possibly's. That doesn't give us any guarantees and if you're going to guarantee the property of the church to be rezoned, I'd like to see what kind of guarantee the commission can give us as property owners in this area as to what would happen to our property values if something like this went on. Thank you. Karen Cook: Hi. My name is Karen Cook and I'm at 260 Hidden Lane. I am also not on the map, and we bought our house last summer. We moved here fi'om out of town and knew that the church was for sale and had we ever thought that it ',','as possible to have it rezoned, we xvould have never bought our home. I also am home with children during the day and I think...I'm not naYve enough to think or accept the fact that our neighborhood would not be affected by a rezoned property that I live across the street from. Thank you. Peterson: Anyone else? 2'7 Planning Commission Meeting - April 21, 1999 Lynn Jossi: Hi. I'm Lynn Jossi. I'm at 250 Hidden Lane. I just, we are also strongly objected to any rezoning of this property. I have two arguments against several things they said. They said their request is similar to other offices around the neighborhood. Other offices only have like one side backing up to houses whereas here it's basically three sided. And they also said an office or something might be a better buffer. We really think that as it is, as a church right now is the best buffer. Thank you. Dave Cameron: Hi, my name is Dave Cameron. I live at 8161 Hidden Cout-t. I'm not on the map. i'm just kind of watching the proceedings here and my main comment would be, when you look to rezone, and especially if you're next to residential, you look to what benefit does it provide to the immediate neighbors as well as to the community. So rezoning, I don't see how an office would, or a plan change benefits the immediate area. Secondly I'm curious as to, it was zoned as a church initially when they built. They built with that understanding yet they're now looking to have it rezoned for, to make it more marketable. You know and I feel for the church to be in a situation where it's not that easy to sell a property. But at the same time you built it with it zoned as a church. You know it should be sold as a church. So those are my comments. Carol Watson: My name is Carol Watson. I' live at 7131 Utica Lane in Chanhassen and I go to Colonial Church. My only comment is, not that they're trying to keep tls from getting it but once the rezoning takes place as Family of Christ has pointed out, it's difficult for churches to get financing. Once the rezoning takes place, I'm sure that a commercial zoning would come in and be able to come up with financing and more money than any church ever would. So I feel that if the rezoning takes place after that point, I doubt ve~w much that a church would ever be the entity that would have the opportunity to get that property at that point. Thank you. Peterson: Tha~xk you roi' your comments. Vemelle Clayton: I think I'm going to wear out my welcome but I just want to point out to Carol if that is the perception, the price is already established. It's not any higher, not any lower. It's the same thing if the church xvere to buy it. Peterson: If there are no more comments, may I have a motion to close the public hearing. Jovce moved, Burton seconded to close the public hearing. Tim public bearing was closed. Peterson: The public hearing is now closed. Obviously an emotionally charged issue° Commissioners, any thoughts o1' comments'?. Joyce: I'II take a stab at this situation. A couple different parties involved here. The church, the neighbors and really the city as well I guess. I appreciate the church's position. I understand that you have a beautiful facility out there, or going to have a beautiful out there by Bluff Creek. Looking forward to that very much. ~ like that plan. I know we worked hard on that and it's, I'd like to get you out there as soon as possible. ~ also like the idea that adaptive re-use where you take a building that might not be utilized properly, up to it's fullest potential, whatever. Existing building and then maybe developing into something that can be utilized for a better cause. But I 28 Planning Commission Meeting - April 21, 1999 have to say that I don't feel that we're at that point yet. I think the existing, Ijust, it hasn't been proven to me yet that that can't be a, going to be a church. The city would certainly like to clear up some of the vagueness on the property, but I don't see a reason for doing that at the expense of the neighbors and I guess what it all boils down to is we're talking about changing the comp plan here and we really need kind ora compelling reason to change the comp plan. And we're just not getting that from the church or the city. Some similarities placed between the property just west of there, the Northcott property. Saying that that was a...an office development and this property now, if it became, if we were to, if it ever became an office development it would naturally blend in with what we're doing with Northcott. And I'I1 have to say that the church, the whole problem I have is that the church really kind of defines the character of that neighborhood. I thirhk they bought their homes or built their homes when there was a church there. Actually, it's my understanding the homes were there before the church so the church kind of came in after the fact. But a church really does have a, develops part of the character of the neighborhood I think. And I feel that staff has presented something that would be, I feel fair to both parties and allows the church to add on the idea of assisted living. I think that ~vas a good idea. I thirLk that might possibly work because I think it would change part of the character of the neighborhood but not nearly as much as an office building and I feel that the applicant is really dead set on pressing this to include that office'designation in the OI. So if the applicant were to convince me that they were just interested in that assisted living portion of it, I'd be more amenable to what they're doing. But if they're going to present it and sav it has to be assisted living and office, I couldn't go along with that. Peterson: Other comments? Blackowiak: Well I'I1 take a stab next I guess. I agree pretty much with what xvas just said. The city has offered to clear the "cloud" over the property title. All that has to be done is put a conditional use on file and that can be taken care of so I don't think that's a big issue. One of the residents just brought up the point that other uses were not envisioned as part of the original PUD. In other words it was zoned as a church and therefore why should we make a change now? I totally agree. The original PUD saw it as a church property and I think that that's where we'll be right now. There are indeed other churches in the city that have similar zoning requirements. They exist with underlying zoning of only church. So I don't think it's being unfair or singling out this property. I think that that's just what was envisioned is part of the original PUD site and I'm comfortable with that. And Kevin alluded to the comp plan. We spent a lot of time last year going through the comp plan and taking a look at every parcel in the city and where things are. What makes sense and what doesn't make sense and in this last year we did not feel cornpelled to change the zoning of that property. So I have not heard any reason tonight that would make me change that decision of what we have gone through this last year. One of the paragraphs that really stuck out in the staff report. It talked about special treatment. It said in order for staff to justify amendments to the PUD and comp plan it must be shown that the parcel has not been given special treatment, the changes are for the benefit of the entire community, and the action complies with the comprehensive plan. I haven't found that tonight. I haven't heard that tonight so at this point I would have to vote 11o for the proposal before us this evening. Peterson: Thank you. Comments? 29 Planning Commission Meeting - April 21, 1999 Burton: Yeah Mr. Chairman, I have some comments. First I'd just like to say I appreciate the turnout. Having everybody's input does help us make a decision. But having said that this is a tough issue and it's a tough decision anyway. And I do sympathize with both sides. I understand that the church wants to grow and needs to relocate and it needs to relocate using the value that is built into this property. And I also understand, I think this is from one of the letters that the neighbors want to retain. A single family, friendly, residential area and they'd leave tile church that use. And again another consideration is the city would like to get this property on the tax roles. When we look at items like this and I look to the staff report for guidance. They set forth the standards. The church I think has alluded to that standard as being, it seems to me anyways, being reasonable and appropriate use for these changes. The staff report lists changes for amendments to a PUD and the first item is whether there's special treatment. In here I'm not sure whether there's special treatment. I think I could be convinced either way. I think that we try to take into consideration the needs of all the residents of Chanhassen and anybody who's faced with this tough situation like the church is, that we would take their issues into consideration. So I'm not sure, I guess on special treatment I'm not sure where I fall on that because I do also have a concern that we are perhaps being asked to enhance the church's value over the residents issues. With respect to this next item that staff points out is the benefit to the entire community and 1 believe the residents pretty resonantly have a feeling that that ansxver is no. And I do not believe that we can evaluate this except on a specific proposal by proposal basis. I would prefer to know what the specific proposed use is before I could make that detem-dnation. The third item relates to the comprehensive plan and right nmv I believe, my reading is that the only qualifying use is a church and I agree with my Fellow commissioner that I don't see a compelling reason to change that. With respect to specific uses, I agree with the staff that their ofrice use be more compatible elsewhere. With respect to assisted living, I agree with tile residents that I believe it would be inappropriate for this area but I think it could be revisited again on a case by case basis when we know more details and we don't have that. I agree that the PUD was passed in 1985 and this was designated as a church use and the church knew of this. And the residents knew of this and I appreciate the comparisons to neighboring properties but we don't know tile history of those properties and what the people knew and what they were getting into when they bought their homes. So having pointed those tilings out and with due respect to the church, I do not think it's prudent to consent to the church's request. I would agree with the staff's proposal but would limit it to a church as being the only permitted use. Sidney: Mr. Chaim'~an, I'd like to echo Commissioner Burton's comments, and maybe add a few. I have listened to the other commissioners and the comments fi'om the neighbors. Church members. At this point I guess I think it was said quite well by a couple of the people who spoke this evening. That if we were to change the zoning, that there should be a compelling reason which would benefit and be acceptable to the community as a whole. And I guess when I listened to staff in tile beginning, there were things that they were asked to create a short list of uses that would be acceptable to the neighborhood and to tile community and it comes down to a church being acceptable to the neighborhood. We heard a lot about timing. Benefits to...property values and financial aspects. But still there.., with the expectation that the property would be a church...Commissioner Burton that if we ,,','ere to zone, that it would be very 3O Planning Commission Meeting - April 21, 1999 important to know what the specific proposal is. At this point I just don't know what we're buying and I guess I don't feel very comfortable rezoning...with nothing specific in fi'ont of us... Peterson: Other comments? Conrad: Sure. It's fun to see everybody here. Even though it's a tough issue, it's cool that you're here. I'd love to see the tax base improved. That's real important. I think you'd be surprised how good an office could be as a neighbor. I don't believe that your properly xvould lose value. Back in '85 ! probably would have thought, rather than a church we probably would have zoned that high density based on it's location. I may have even been here. With that said, that's where you're set at but that said I think it is important that you can count... I didn't hear a compelling reason tonight to change it to office. LogiCally based on what we do, it doesn't look like office to me. I wouldn't have done that. t don't think I've been persuaded tonight that it should be. However, it does have rights. The church has to provide, it can put a school in. It can put classrooms there. It may have to change to serve the function ora church. If the church is active, it has to do more than have a building. That's just the way churches have to be. They can't be...community asset for you've got to, kind of take it that it's not always going to be the same. It's sort of like everyxvhere you look, things change but therefore that's the second stage in the set-up that 1 do believe that the staff's recommendation is probably appropriate. Maybe the assisted living function...some of the neighborhood concepts that would fit into this area. So you know I think you all have to realize that there are otlier uses for properties that are trying to figure out how to get some tax base in here and we really have seen a lot of cases where this kind of office is a good neighbor. We've seen it, it can be but again the point is, that's not what you're counting on and I don't think I've seen a major reason for changing that tonight Mr. Chairman so I think the staff report does give a little bit more definition to what's potential there, and the potential is a school. The potent/al is possible. It's probably not going to be the same what you've seen so anyway, I would recommend.., we consider the staff report strongly. Peterson: Are you in favor of assisted living as an option? Conrad: Yeah. Peterson: I will endeavor to take my own advice and not be redundant to my fellow commissioners because I think we all have shared some very interesting insight to a very sensitive issue as I alluded to earlier. My thoughts are succinctly, I don't see office going in there. I've been struggling with assisted living. I, along with Commissioner Conrad feel as though that space is certainly something that we certainly would like to strive for to increase that. Assisted living has a connotation in many people's minds as being negative as far as wanting to be near that. I think that's unfortunate but I think it is a fact, at least in my experience so would probably be. Well probably, I would not vote in favor of that tonight. Again it's a charged issue and hopefully you can empathize with the struggle that xve are facing tonight and can'y these same issues and comments on to council. With that discussion, may I have a motion and a second please'? 31 Planning Commission Meeting - April 21, 1999 Blackoxviak: I guess I'll make the motion. See ifI can get it right here. I'll make a motion ti-tat Planning Commission recommends denial of the revision to Hidden Valley PUD #85-1, Lot 1, Block 7, Hidden Valley. Peterson: Is there a second? Burton; Mr. Chair, I have a question on discussion of this. Does it have to be seconded before we discuss? Then I'll second. PeterSon: Any discussion? Burton: My feeling is that our, that we want to give them a permitted use as a church. And so it would seem to me that perhaps the motion would be that the PUD be revised to permit a church as a permitted use. Peterson: That considered a friendly amendment? Blackowiak: I would consider that. Kate is that, can we make that amendrnent? Aanenson: Sure, you Call modify that motion any way you want. Blackowiak: I would accept the friendly amendment to recommend approval. So in other words that would, let me just clarify this, effectively amend the PUD #85-1, and this is something that we visited back in June of last year according to mx' notes from last year. In other words, this would correct the procedural omission. Aanenson: Right. Blackoxviak: Okay, I would certainly accept that fl'iendly amendment to con'ect the procedural omission and approve the church on Lot l, Block 7 of Hidden Valley. Peterson: Any other discussion? Blackowiak moved, Burton seconded that the Planning Commission recommends to the Cit.',, Council that the Hidden Valley PUD #85-1 be revised to permit a church on Lot 1, Block 7, Hidden Valley as shown on the plans dated Received March 19, 1999, and subject to the following condition: I. The development of the site shall comply with tile design standards as amended. All voted in favor, except Conrad ~vho opposed, and the motion carried with a vote of 5 to 1. Peterson: Ladd, your nay was due to? 32 Planning Commission Meeting - April 21, 1999 Conrad: I think it should include the other use. Peterson: Thank you. This goes on to City Council on the 10t~' of May. Thank you all for your feedback and input. NEW BUSINESS: Aanenson: ...eight additional theaters at the retail space. Right now there's a lot of concern regarding the architecture so it may come before you with just a lot of findings. I don't think we can get it all resolved in the first meeting. We're working really hard. They're on a fast track but there's some design issues. And then also we've got the North Bay beachlot conditional use and then a variance. You'll see your first variance. And also I wanted to pass out a meeting in Shorewood regarding affordable housing. If you have an opportunity to go. It's in the morning on May 20th, if you want to let me know. I have to RSVP. I put that on there. With the lake communities so it's a good opportunity to get some education. Continental breakfast. Peterson: Oh, sign me up. Joyce: Is Shorewood the community that voted against affordable housing? Aanenson: I'm not sure what their status is on that. Jovce: No, I'm serious. There ;vas one or two communities out here that, you know when the comp. Aanenson: Yeah, Victoria did. Livable Communities Act but they are now have, yeah. Victoria has noxv signed on. I'm not sure wi'mt Shorev,'ood's status is. But it's at the community center which is on County Road 19 right before you get to Country Club Lane. So if you're interested in going please let me know betbre May 12th. That's all I had as far as ongoing items. APPROVAL OF MINUTES: Conrad noted the Minutes of the Planning Commission meeting dated April 7, 1999 as presented. Chairman Peterson adjourned the meeting at 9:15 p.m. Submitted by Kate Aanenson Comrnunity Development Director Prepared by Nann Opheim 33 BY DAY (avg.for a week) TRIPS FOR: STAFF WORSHIP CHURCH SCHOOL CONFIRMATIOM PRE -SCHOOL YOUTH ACTIVITIES CHOIR/WORSHIP TEAMS COMMITTEES COMMUNITY (includes): BOY SCOUTS GIRL SCOUTS ALANON OTHER 12 STEP GROUPS POLLING PLACE OTHER ACTIVITIES: NEW MEMBER ORIENT. BIBLE STUDIES WEDDINGS FUNERALS QUILTING SANDWICH MAKING BAKE SALES PLANT SALE CAR WASHES DATE NIGHTS OUR SAVIOR'S SHELTER GROUP CHILDREN/FAMILY EVENTS SMALL GROUPS COUNSELING SESSIONS FELLOWSHIP ACTIVITIES ETC. MISC. DROP INS TOTAL TRIPS TRIPS-EXPANDED CHUR(~H USE- .......... (next 2 to 4 years) SUN MON TUE WED THU FRI SAT 10 800 200 10 20 20 20 20 6OO 4O0 320 320 320 320 320 4O 40- 160 40 40 40 40 40 10 100 100 4O 60 60 60 6O 6O 430 20 20 20 20 (~ 500 460 480 20 330 OFFiCE(based on 125 parking spaces and 4 trips/space) 500 500 500 500 500 - Minnesota Health and Housing Alliance - Senior Housing h ttp://www.mhha.com/cons/sh.html MINNESOTA HF_ALTH~,THoUSING ALLIANCE SERVICES & PRODUCTS AOULT DAY CARE ASSISTED LIVING HOME CARE NURSING HOME I> SENIOR HOUSING MEMBER ACCESS P'ROMOTING EXCELLENCE AND [NNOV'ATION IN OLDER ADULT SERVICES SENIOR HOUSING Contents: Types of Senior Housinq Checklist for Retirement Housinq Types of Senior Housing Adult Foster Care homes (sometimes called "homes plus") are small, homelike settings serving no more than 5 persons. Families may provide adult foster care services in their own homes, or organizations may provide foster care services in homes using round-the-clock staff. They may offer a variety of supportive and health-related services and are licensed by counties for the Minnesota Department of Human Services. Assisted Livinq services are a coordinated package of services, that include support services such as meals, housekeeping, transportation, escort and laundry, as well as home care services. These home care services must be provided by a licensed home care provider and may include personal care services such as help with dressing and bathing, medication reminders or medication administration, and nursing services. Some programs limit the amount of services they provide, while others act as "alternatives to nursing homes" and provide a full range of home health care services. The buildings offering assisted living services may vary in size and type and include corporate adult foster care settings, board and lodging establishments (without individual kitchens), and apartment buildings. Some apartment buildings for independent seniors may offer assisted living services to some residents who are aging-in-place, while other apartment buildings have.been designed specifically to provide assisted living for frail seniors and feature small, private apartments with individual kitchens or kitchenettes. (Although non-certified boarding care homes are licensed as health care facilities, the environment and services are generally more like assisted living settings than like nursing homes.) Board and Lodqin_q settings may vary greatly in size, some resembling small homes and others more like large apartment buildings. Residents have private or shared rooms, but do not have individual kitchens. These settings are licensed by the Minnesota Department of Health (or by a local health department). In addition to meals, many offer a variety of supportive services (such as housekeeping and personal laundry) or home care services (such as help with dressing and bathing, medication administration, etc.) to residents. Condominiums offer owned'ship housing in an apartment-style building or townhouse-style complex. Condo residents hold title to their own living unit and share ownership of the common areas with other owners in the development. Continuing Care Retirement Communities are campus-style developments offering a range of housing and long-term care services to the residents. Residents pay an entrance fee as well as a monthly fee for a package of services specified in the residents' contract, which includes a residence, services and nursing care when needed. Cooperatives are another form of ownership housing in a ............... 1 i ! I I I 1 I V. PROACTrV'E BACKGROUIN'D NIATE~S A.N'D .~RTICLES .A. ASSISTED LIVING IN N.[INNES OTA Assisted living is a f~t-grow/ng segment of the sexior housing industry due to its popularity w/th older consumers, as it provides needed s~--rvices in art independent living environment. In M_irmesota, assisted living includes many different types of "housing- with-services" se~ings. Some assisted living set'tings cater to seniors who need few sm-vices, while others provide a wide range of supportive and health-related services. Assisted living emphasizes an approach ~at is consurner-driverh flexible, individualized for each consumer, and w!'fieh strives to maximize consumer independence, autonomy and dignity. Assisted Living Settings Offer Many Options In Minnesota Assisted li,,ing settings irt M_irmesota may be large or small, but all s~'ive to provide an environment that is very residential, ra~er than institutional, ha natm'e. A large vm'iety of settings offer/ng assisted living services are available in Minnesota, giving consumers a wide range of options: · Some marke: rate apartments are designed specifically to serve frail seniors, while other "independent" buildings have ~sisted living services available to those resident~ who are "aging-imp lace" and need some assistance; · Some subsidized apartment bu_ild/ngs now have assisted living services available to residents who are aging-in-place; · Lic~sed board and lodging establishments, which offer private or semi-private rooms without kitchens and basic services such as three meals per day and housekeeping, may also provide a full range of health-related assisted living services; · Licermcd adult lost= care homes offer a variety of supportive and health-related services to residents who want a very small, home-like setting. A few adult foster care "suites" have been created wi?hiu lager apm-Wment buildings. Most oft. he corporate foster care homes in Minnesota are designed specifically to serve those with memory loss. Assisted Living Programs Offer a Ramge of Service Options to Consumers The service packages offered by assisted living programs can range from very light care, minimal services to a full range of supportive and health-related services. · Light care programs typically offer 1-2 meals per day, housekeeping, some assi~tamce with activities of daily living (ADLs), assistance with tran_qportation and laundry, recreation ~d socialization activities, and emergency call service. · Programs serving a more frail resident population usually provide all meals plus snacks; houseke~hag; laundry.; recreation and socialization activities; emergency call s¢,wice; transportation; a full range of home care services, including medication ~,~z,o~ ~u~ ~4,zU rA~ 0016450002 ~tHHA ~003 administration and assistance and other nursing services; ass/stgnce in set'finE up medical appointments; and 24-hour staffing. Some assisted U. ving programs offer "bundled" service packages, while others offer "unbund/ed" services on an "a la carte" basi's: · It is very common for some basic assisted living services to be "bundled in" w/th the rent. For example, the rent may include some basic services such as one to three meals per day, weekly housekeeping and emergency call/response. In these situations, additional sea-vices may usually be purchased either through an additional bundled package or on a lo,for-service basis. - Some programs may offer one or more bundled s~vice packages that charge a flat montkly rate for specified services---such as assistance with dressing, grooming and bathing. As needs increase, residents may be able to purchase additional packages of services. · Other programs use an a la carte, fee-for-service approach, where they price and charge separately for eacl~ service use(f. For example, home care aide services may be billed in 15-minute increments. In this type o£serting, someone who only needs assistance with a bath sever~ times a week would be chargecf much less than a. resident who needs daily assistance ~vith dressing and grooming and help bathing several times a week. Quality Assurance and Oversight of Ass/steal Living in Minnesota MJ. nnesota's system to insure quality for consumers living in housing-wit, h-services settings and using assisted living services has two main components: 1) Building and Supportive Services Requirements. Any building serving seniors that offers or provides certain supportive services or any type ofhealth-related (i.e., home care) service is required to regist~ with the Minnesota Department of Health as a housing-with-services establishment. Each registered housing-with-services establishment must have a written contract with all res/dents that meets the requirements of the Housing-Mth-Services Contract Act. By law, tee establishment's contract must cover I7 pieces ofinformatSon needed., by consumers, such as: · which serv/ces are included in the basic rent and which are available for an additional fee; · how to amend the contract.; · how to make complaints; · what critmSa residents must meet in order to live in the building; and more. The contract is a legal document that the resident can enforce in court i£necessary. The Minnesota Department of Health is also author/zed to take action against providers that are not in compliance with the Contract Act. HoWever, the Contract Act's greatest value is that, in discussing the contract and making decis/ons about any negotiable items (such as which services the resident wants to purchase) before it is V4 I [ [ [ [ [ [ [ hal ~s1~45U~0l EHHA ~igned, k a~¢ures that consumers have the information they need to make good choices. It also makes s~e ~,at consumers aze told in advance about whether the progrmm accepts Medicaid or other types of public reimbursement, mud any conditions of tenancy that thc resedit must continue to meet. Fhnally, the conlract makes provisions, up front, for the in-coming res/dent to dcaignate a "r~presentativ¢," who can be called.upon should thc resident become unable to make decisions or to fulfill the obligations of a t~ant. In addition to this contract, building must comply with building/fire codes, must have a licensed kitchen in order to prepare congregate meals, and moat meet a variety of other state and federal statutory requirements. Boazd and lodging establishments and foster caze homes must carry a state licerme. 2) Health-Related Services Requirements. Any health-related services pro,,5.ded in these buildings, such as help ,~Ath dressing, grooming or bathing, assistance with self- adrn~n~strat/.on of medications, administration of medications, central storage of medications, or other nursing or delegated rmrsing services, must be provided under a home ca.re 1/.cerise issued by the Minnesota DeparUuent of Health. A home care license may be obtained by the same entity that owns the building, or the building may develop an arrangement with an outside home care agency to provide the assisted living se~w/ces. The !ic~sed home care provider is survgyed by the Minnesota Department of Health, and ,MDH's Office of Health Facility Complaints may also investigate complaints. Reimbursement for Assisted Living Assisted living is popular with sen/ors and thedr farail/cs because it offers needed services in an independent residentiaI envizonment and because it can be a cost-effective way to obtain needed serv/ces. For those who don'T need heavy care and signidcant mounts of nursing services, k can be much more cost effective than bring/.ug home care services into a single-family home. In addition, assisted living offer~ the benefits of security and socialization. For those who need significant amounts of nur~ug services, the costz of assisted living may equal or exceed nursing home costs; however, many consumers and their farn/Iies believe that the additional men/des, privacy, and inde?endence offered by assisted living make it an excellent value. Most assisted HAng residents pay for their rent and services out-of-pocket, although a few long-term care insurance policies have proviaiorm to cover a~sisted living services (consumers should check to see what types of assisted HAng services and what types of settings are covered by any long-term care insurance policies). However, persons who are at risk of nursing home placement and who meet the income requireragnts are eligible for reimbursement for assisted li~z~g services under the Medicaid Elderly Wa/ver program or Mh~nesota's .~dternative Care program. Low-income seniors may be able to access assistance in pay/rig for r~x through a federal houaing subsidy program or through Minnesota's Crroup Resident/al Housing program. Eligibility for the EW, AC and GKH '¥-5 ~,11,99 lk,~ 14:~1 ~A~ ~o1~4ou002 ~{HHA programs is detm-m/aed by the couatics, which are rcsoonsible for admiv_istering these programs and negotiating contracts and rates wi~ providers. Trends in Assisted Living Nationally, assisted liv'[ng is the fa.qtest grow/ng segment of the senior housing industry, accounting for 75 perce~t of new sen/or housing in 1998, accord/~g to the American Association of Komes and Services for Ye Aging. ~ MJ.rmesota, nm's/ag homes a~d hospitals have, for many years, been develop/ag hous/ag-Mth-service.s or assisted living settings to expand the continuum of care that they offer/a their commrmity.. As nursing homes beg/a serving more residents need/ag either short-term re2~abiliradon or more acute or highly specialized services, some are considering de-licensing a few of ~eir' nuts/ag kome beds ~d converfi.ng them to assisted living. Local communities and developers are also develop/ag ass/steal Liv/ag projects throughout Minnesota. Several nationally traded companies have also been developing assisted living/.a Minnesota in ~e past several yea~s. In recent years, a number of develepments have begun offering assisted living specifically designed to serve those with memory loss. Other assisted liv/.ng specialties are being developed, including settings for younger people disabled, by mukiple sclerosis or traumatic brain injuries or for .t~ose who are ventilator-dcpendmt. 005 [_ E E E [: [ [. [ £- 05/il/99 TUE 14:21 FXX 6516450002 )iHH~ ¥:?Y:";' B. '2. .q3,NNF_,S OIA'S HOUSLN'G-WlTIcI-SERVICES CONTRACT ACT The MinnesotxHealth & Housing Alliance developed the Housing-with-Services Contract Act m create a new model for quality assurance/n residential settings serving fi-ail seniors, tn tool&ag at how to provide the necessary consumer safeguards for assisted Living, NfHHA~ research showed widespread consensus that neither consumers nor providers wanted to impose an iustimt/or~l, nursing-home style regulatory system on Minnesota's ass/sted living industry. Much of assisted living's popularity with consumers st.~_ q primarily from the fact that it is not institutional, and instead has an emphasis on irdependence, autonomy, fle:dbility and individualized services. Thus, the T~y assurance model created by the Housing-with-Services Contract Act, passed in 1995 and effective in 1996, takes a consumer-driven approach. It uses contracts between the housing provider and the consumer or res/dent as the primary mechanism for quality assurance. Through the process of reviewing the kn_formation in the contract and negotiating any items that may vary from one resident to mother, consumers are provided the infon=ation they need to make informed dechions about where they want to live and the services they choose to use. Once the contract is signed, the consumer has a legal document that sets out standards for the housing-with-services provider and, if necessary, can use the legal system if the provider fails to meet those promised standarch. While the overall quality assurance mechanism for housing-with-services is under the control of the resident, the Minnesota Dcpamnent of Health (Nfl)H) plays an important quality assurance role by regulating and survey/ng health-related (home care) services, which are considered to be especially risky and critical to the well-being of frail residents. lu addition, MDH haz the authori~ to intervene if it appears that a bu/iding is out of compliance with the Contract Act and will refer violations of other state or federal law, including the Vulnerable Adults Act, Tenant-Landlord law, fire and bu/lding codes, etc., to the appropriate agency. Unlike other statm, Minnesota neither requires housing-with-services establishments to conform to specific physical plan specifications, nor does it mandate a specific package of services that can be provided. As long as relevant building/fire codes and other requirements are met, buildings rr,~y serve as few as five residents in a small, homelike setting; may offer private or shared sleeping rooms in settings wh .ere allrneals are provided in a congregate dining area; or may serve hundreds ofresidmts living in private apartments. Pmv'idcrs are fi'ce to design their buildings, to choose fi.om an array of possible "supportive" and "health-related" sgrv'ices, and to develop their own service packages based on the needs of their commumity and their target mark~. Tiffs means that a variety of options---some providing only a lit-tie assistance and some that provide very "heavy" car,--are available to consumers. In understanding all of the potential options, consumers can rely on the written contract to ex'plain exactly what a particular setting provides and any of its specific requirements and policies, ~ well as the OO6 knowledge that the state will oversee the quality of any health-related services provided there. What Does the. Housing-with-Services Contract Act Require? The Contract Act applies to most ,b./pes of residential settings not licensed as nm'sing homes that: (1) primarily serve persons age 55 smd older; and (2) arrange or directly provide two or more ~uppordve services or any health-related services to residents. Supportive services are del'reed in the Contract Act as: · help with personal laundry; · handling or assisting with personal funds of residents; or · arranging for medical sc-tv/ecs, health-related sm,Aces, see'/al services, or transportation to medical or social services appointments. Thus the Contract Act covers only limited types of supportive services --those that are very "~div/dualized." Serv/ces ttmt are more standard/zed, such as congregate meals, housekeeping and linen se~ce are not cov~ed by the Contract Act. Health-related services include: · professional nursing scmcices; ' · home health a/de and home care a/de tas~ performed by unlicensed staff (as del'reed in thc Minnesota home care rules); and · the central storage ofmeclications for residents. Tke Contract Act requires ali housing-with-services establishments to: · reg/ster each year w/th the .lvii~nesota Department of Health for a $35 fee; · execute a written contract (lease) w/th all res/dents of the building; and · obtaha a home care license if the establishment wilt directly provide any health-related services. In add/don to being consistent with Minnesota's tenant-landlord requirements and other statutory requirements for contracts (e.g., "plain language"), the establishment's contract with residents must address 17 specific pieces of information: 1) Name and address of the est2.blishment; 2) Name and address of the owner(s) of'he establi-qhment; 3) Name and address of the establishment's manaff/.ng agent, if different from the owner(s); 4) ~ame and address of at least one person authorized to act on behalf of the owns(s) or management agent, 5) Statement describing the registration and licensure status of the establishment a.ud any provide' providing healC, t-related or supportive serv/ces under an arrangement with the establishrmmt (e.g., restaurant U. cense, home care license, housing-with-services regisu'ation); 6) Term of the contract; V-8 007 E L E E E E E' [ E E [- i- :j ] ] ] 7) Description of the services to be provided to the rcsidcm that are included in the basic monthly rate charged to the resident; $) Description of any additional services availsble for mu additional fee ~:om the establishment either direcdy or through arrangements with ~nothcr provider; 9) Fee schedules ouz1~r~g the cost of any addidonai services; 10) Description of the process through which the con,act may ba modified, amended or terminated; 11) Description of the establ~hm~nt's complmint resolutionproccss available to residents; 12) The resident's designated representative, if any; 1.3) The establishment's referral procedures if the con,race is ten-ninated; 14) Criter/s used by the establishment to determine who m~y continue to reside h~ the building; 15) Billing and payment procedures and requirements; 16) Statement regarding the a'oilky of residers to receive services fzom service providers with whom the es:~bli~hrn~nt does not have an arrangement; and 17) Statement regarding the availability of public funds for payment for rent or sc'vices in the establishment. Choice and Competency ~[SSUJ~S in a Consumer-Driven Model The IT'S consumer-driven model is based on the following assumptions: 1) People have a right to make choices for themselves. People should be ~ssumed to be compe:cut to make their own choices. Those who may not be competent should receive mssistance in mmmdng decisions. Consumers have a right to be educated and informed, including clear information on the pro¼dcr's policies and on thc services they are purchasing. Any system focusing on choices must consciously acc~ tha~ choices entzil risks :3nd That consumers v~.ll sometimes make decisions that others perceive as "bad choices." The primary prmuise underlying the contract model is tl~;~t consumers are competent to make their own decisions if givc-n adequate information. However, the question of competence is a difficult, one. While most residents in these setdngs will be competent, there will also be residents whose levels of competence vary and change over t~me. Although there ~s. covmensus that for anyone living in the community (whether in a single family home or a senior housing setting) there mus~ be a presumption of competence absent a court determination to the contrary, many are uncomfortable with this assumption in H-WS settings, knowing the frailty and limits of some elderly residents living in these settings. To explore th/s dil~mma about competence, ~ compared the impac~ of thc "assumption of competence" (as in the commurdV) and the "assumption of incompetence" (as in an institutional setting) on the scuing and its residenm. Look/rig 008 at nursing homes and other kinds of institutions, the presumption of incompetence quickly leads to a system in which res/dents' choices are festered. The basic package of services pres~ted to nursing home residents is based not on their wishes, but rather on their level of dependency and s~,dce needs as determined, by "professionals,'" not' themselves. Residents quickly lose control of many trivial as well as major decisions as the professional cae-givers (or legislators and regulators) make choices about acceptable risks and the residents' well-being. For example, nursing homes in Minnesota have been cited for allowing residents to keep their oven furore, nicked from years of use in their own homes, and because residents continued to store their toothbnmhes in their bathroom cups as they always had at home. Outside institutional settings, where people are assumed to be competent, they continue to make decisions until family or ~encLs decide that assistance is needed. S~afffi'om a county ar private agency may function as a surrogate decision-maker if there are no family or fri~ds available, or there may be a court-appointed guardian. When someone's dec/sion-m~king ability becomes impaired in the community, referral~ and intervention may come in a variety of ways--ti~rough family and friends, doctors, clergy, professionals who are designated as mandatory reporters under Minnesota's Vulnerable Adults Act, and others. While the informal and formal support systems that can assist people living in the community w/th decision-making are not always clear and nor always perfect, they generally seem to work well for most people needing ass/stance. Although it is possible that somecne may "fall through the cracks," a system based on the assumption that consumers (or their designated representatives) are competent to make decis/ons about their living situatiort and services nevertheless seems far preferable to the altemative---a system in which autonomy and choice are reduced for all just to insure that those who are not competent receive adequate care. Finally, society must accept the fact that even competent people--young or old--may make "bad" d~isions. V-lO 1~009 £ [ [ [ [ [ [ 05/11/99 TUB 14:23 FAI 6516450002 ~[HHA Ce QUESTIONS AND ANSWERS ABOUT Tl:I~ I=IOUSING-WlTIct - SERVICES CONTRa. CT ACT Why was the Housing-With-Services Contract Act needed? Beginning in the mid-1980s, the state was increasingly concerned that many frail elderly persons who once would have lived in nurs/ng homes were now living in a variety of unregulated resident, ia/settings (senior housing). In order to assure that these frail persons rec~ve appropriate and adequate services, the Mi~rtesota Department of Health proposed that many of these settings be regulated as resident[al care homes, w/th requirements modeled after nursing homes. After reviewing this institutional type of regulatory system, Mt--DIA met with hundreds of providers, consumers and others and concluded that a consumer-driven model, using the well-understood concept ora legal contract, would be far preferable. This model makes a distinction between the building and supportive (non-health related) serv/ces--which are monitored primarily by the eansumer--and health-related or home care services--which are licensed and inspected by the Minnesota Department of Health. This model is called the Housing-with-Se~rices (HWS) model. l:low does this differ from the traditional model? Traditionally, when resident/ally-based services for the elderly have been regulated,, the government has assumed the chief decis/on-maker role. The classic example is the .Minnesota nursing home, in which government determines the physical plant specifications, the sm-vices to be offered, who may be served, the qualifications of the employees, and the amount the residents may be charged for their care. Under the Housing-with-Services Contract Act, existing fire codes, building codes, consumer protection laws, licensure requirements, and professional standaz, ds continue to apply, but no new regulatory requirements are created that mandate specific types of buildings, service packages, or clients. Decisions on physical design and amenities, service configuration, admissions requiremgnts, and price are decided by the consumer and thc provider. Doesn't this leave the consumer unl~,rotected from unscrupulous or inept operators? The state and federal government have many protections in place for consumers, including those living in I:tWS settings. The Minnesota Department ofHealt, h, using its home care licensing requirements, controls who may provide health and personal serv/ces, sets the rnlnim,m standards they must meet, and provides a method for handling problcma. Current fire codes, building codes and occupancy requirements address issues oflife safety in the buildings. The Fair Housing Act, thc .Americans with Disabilities Act, lm-~dlord-termnt law, the Vulnerable Adults Act, consumer contract law, and civil remedies are all examples of protections ttmt currently and adequately protect individuals in I-i'WS and other residential settings. In addition, the Contract Act spells out the need for clearly identified dispute resolution measures. Finally, the Contract Act gives the Minnesota Department of Health standing to bring action against any provider for non-compliance. ~]010 V-11' In order to have a valid contract: between a provider and a resident, the'resident must be competent. Aren't most of the residents o£ these buildings frnil, vulnerable and: incapable of making decisions? Tt cannot be assumed that just because residents are elderly that they are vulnerable or incapable of making decisions, and vulnerabihty should not be confused with incompetence. While it is true that questions of competence and al'silty may occur more d'equently in these settings than i.n other types of housing, to assume that all residents are incompetent would result in a system where autonomy and choice are replaced by dependence and loss o£ options. In those cases in which the Lud~viduai's competence is diminished, socic;-t'y intervenes in various ways, through family members, fiqends, ne/ghbors, guard/ans, pro¼ders, the court and government zgencies. Wh/le on the surface, this may not appear to be a very efficient system, it enables soch,;'ty to develop unique soIutions to individual problems and skuat/ons, allowing individuals to retain as much autonomy and independence as poss/ble. But wh'at happens to those persons who are incompetent in this system7 First of all, the Contract Act specifically allows residents to designate a representative to assist them in mak/ng decisions and negodat/ng ~e contract w/th the provider. Frequently, a family member provides tiffs assistance, and in c~cs where the court has determined that an elderly person is not competent, a legal guardian or other court-appointed representative would work with the provider and sign the contract. Where a consumer's capacity to make decisions is in questioz there are a variety of entities that may become involve~, such as family and ~ends, comaty adult protection, the indiv/dual's physic/an and other heal,-care providers, the Ombudsman's° office, the courts, and others. In addition to general consurner protection laws, Minnesota's Vulnerable Adults Act prey/des specific protections to residents who may be incompetent. In some cases, don't we need government to step in and dose down a bad provider? The Contract Act, along with other laws and rules, allows govm-nment to step into such situations by enforcing the Vulnerable Adults Act, the home care law and licensure requirements, building and fire codes, and other ex/sting state and federal laws. However, it is rare that government goes to the ex:rome (and t/me-consuming) measure of~utting down a bad provider. Instead of giving gow. x'nment the unilateral power to control a provider's quality, ne Contract Act a/so gives consumers, using their contracts, an ability to hold providers accountable for the promises made about se~wices that will be provided. Res/dents ne~i.ng a-~sistance in holding 'a provider account~le can receive help from a variety of sources, including family members, mediators, the Ombudsman, legal aid, and ~e courts. By using in.formal and formal means ofnegot/atSng with providers and, in extreme cases, taking the provider to court, comsumers can referee their own quality standards effectively. V-12 [ [ [ [ [ [ [ [ [ [ [- .[ Why do it this way? Consumers want it this way. It keyes tZe primary decisions about where to live, what services to purchase, and whether 'dee provider's services are satisfactory with the conava~aer, rather than with the government, tn addition, it uses the mechanism of the contract---a concept that consumers uaderstand and are able monitor themselves. It provides more fiexfoility ha respond.hag to consumer preferences. It promotes autonomy and independence. What buildings and providers are covered by the Contract Act? The Contract Act applies to a variety of residential settings for the elderly--senior apartments, board and lodging, and corporate adult foster care homes--where health- related services or specific types of support2ve services are offered or provided. Senior residential buildings that neither p.~ovide nor arrange any health-related or supportive services specified in the Contract Act (e.g., sen/or aparmaent buildings where the residents themselves arrange for ~1 oftheLr own services ~rom aa outside provider) are not covered. Under pending 1999 legislation, non-certified boarding care homes would be coverecL although certified board.hag care homes as well aa nursing homes continue to be exempt. Also exempt are: ~pervised liv'hag facilities; board and lodging facilities with a Mhanesota Department of Human Services program license (e.g., Rule 36 facilities); ~etters for battered women and similar settings; family adult foster care homes; condos and coops; home-sharLng arrangements; and private homes in wh/ch the residents receive services from faro.fly member~. What services trigger the requirement that a housing provider register with the Department of Etealth and execu, tea contract with all residents that complies with the Contract Act7 A housing cstabli~hment must comply ff at lea. st 80 percent of its resident~ are 55 years of age or older and it off'ers or provides one or more health-related service or two or supportive services ]/sted in be Contract Act. The Con~raet Act covers both bu.ildings ~at directly provide services and tZose ~at arrange for services to be provided by another entity. Under the Contract Act, health-related services are defined as: professional nursing services, home health aide tasks and home care aide tasks (as defined in the home care rule), and the central storage of medications. The Contract Act defines supportive services only as: (1) arraaging for medical services, health-related services, social services or transportation to medical or social services appointments; (2) help with personal laundry; or (3) handlhag or assisting with personal fuads of residents. Other types of services frequently offered by senior buildings, such as meals, social ac~vities and transportatio~ are not considered "supportive services" reader ~e Contra~t Act and do not trigger these requirements. What is a housing establishment covered by the Contract Act required to do? The building must execute a contract with each resident. The contract and its supporting documents must address each item identified in the Contract Act, such as a V-I'3 ' listing of the services to be provided to the reside, n:, thc fcc schedules, thc billing arrangements, the process to mocti/y or tan'n{rmt¢ thc contract, etc. For many bttild/ngs, thc existing Ica.sc will address many, and perhaps all, of the elements. The building must register each year with th~ Minnesota Department of Health. and pay an annual $35 registration fee. The registration provides some basic in.formation, such a.s the name Md address of the owner(s) aud management agent. If the building directly provides any health-related services, it must obtain a home cave license that covers these services. The building may Is choose to have these heal~-related services provided by another agency which holds a home care license. What is the role of the Minnesota Department of l:Iealth under the Contract Act? The Department of Health receives the registration forms submit-ted by establishrn~ts covered by ~e Contract Act. If it receives in.formation that an est£olishment or a service provider haz failed :o comply with a legal requirement, it must refer thc issue to ~e appropriate governmental agency. It may also make referrals to other public or private agencies that may be able to zssist or mectiate. In these efforts, the Dcpamncnt of Health can communicate with any of thc reflected parties. In case ora serious problem that cannot be resolved in other ways, the Commissioner of Health has standing to bring an action for injunctive relief in the appropriate dista-ict court to compel thc establishment to mcct the requirements of the Connmct Act or other applicable state, county, or local requirements or to close down. Pinally, thc D~artment of Health licenses and inspects any health-related services provided in these settings under thc home ca~e law. What are some of the other laws that apply to establishments covered by the Contract Act? In addition to the requirements of the Contract Act, these establishments are also covered by a variety of other state and federal laws, such as Minuesota's Vulnerable Adults Act, uh¢ Nurse Practice Act, landlord-tenant lwa~, criminal back~ound check laws, contract law, and civil rights statues, such a.s Fair Housing and the Americans with Disabilities Act. State and local building and fire codes, lodging licensi.ug, food/restaurant licensing, adult foster care licensing, zoning and other local requirements would also continue to be applicable. [ [ [ [ [ [ [ V-14 i i I i i 1 i 1 i 1 1 i i D. TYPES OF SENIOR HOUSING Adult Foster Care homes (sometimes called "homes plus") are small, homelike settings serving no more than 5 persons. Families may provide adult foster care services in their own homes, or organizations may provide foster care services in homes ming round-the- clock staff. They may offer a variety of supportive and health-related services and are licensed by counties for the Mirmesota Department of Human Services. Assisted Living services are a coordinated package of services, that include support so, rices such as meals, houseke~ing, transportation, escort and. laundry, as well as home care services. These home care services must be provided by a licensed home care provider and may include personal care services such as help with dressing and bathing, medication reminders or medication administration, and. nursing services. Some programs 1/mit the mount of services they provide, while others act as "alternatives to nursing hames" and provide a full range of home health care sm-vices The buildings offering assisted living services may vary in size and type and include corporzte adult foster care settings, board and lodging establishments (w/thout individual kitchens), and ap. artment buildings. Some apartment buildings for independent seniors may offer assisted living services to some residents who are aging-in-place, while other apartment buildings have been desig-ned specifically to provide assisted living for fi-M1 seniors and feature small, private apartments with individual kitchens or kitchenettes. (Altb. ou~ct non-certified boarding care homes are licensed as health care facilities, the environment and s~rv-ices are generally more like a~sisted living settings than like nursing homes.) Board and Lodging settings may vary greatly in size, some resembling small homes and others more like large apartment buildings. Residents have private or shared rooms, but do not have individual kitchens. These settings are licensed by the Minnesota Department of Health (or by a local health department). In addition to meals, many offer a variety of supportive services (such as houseke~ing and personal laundry) or home care s~-n'vices (such as help with dressing and bathing, medication administration, etc.) to residents. Condominiums offer ownership hous/ng in an apartment-style building or town.house- style complex. Condo res/dents hold title to their own living mt and share ownership of the common areas with other owners in the development. Continuing Care Retirement Communities are campus-style developmenB offering a range of housing and long-term care services to the residents. Residents pay an entrance fee as well as a monthly fee for a package of services specified in the residents' contract, which includes a residence, services and nursing care when needed. Cooperatives are anorh= form of ownership housing in a multi-family building or complex. The development is owned by a corporation on behalf of the de,pants, who buy mhares in the corporation in exchange for the right to occupy a specific living unit. V-15 ASSOCIATION Sheltering the Elderly According to the U.S. Census, the over-65 population increased twice as fast as the rest of the population in ~ the last two decades. Nationwide there are more than 26 million persons aged 65 or older-better than I1 percent of the population. Although these national statistics are helpful in obtaining an overall perspective, demographics at the local level may be very different. New York City has I million residents 65 years of age or older. In Miami Beach the median age is nearly 66 years old, and in Sun City, Arizona, persons 65 years or older represent approximately 75 percent of the population. Local planning agencies are updating zoning codes to accommodate the expanded range of housing options becoming available to the elderly. Planners are authorizing such housing alternatives as congregate living, echo housing, life-care facilities, and others. Density bonuses and parking reductions are making development of elderly housing more economically feasible. Housing alternatives for the elderly differ in terms of costs and the types of support services they have available. Many of the new alternatives fall between independent and dependent living arrangements and are designed for those elderly who have need of some assistance but do not require institutional care. These semi-independent living options are intended to fill the gap between independent living in homes and apartments and dependent living in institutions and nursing homes. Definitions The definitions of the types of housing for the elderly that appear in zoning ordinances demonstrate the continuum of care in housing for the elderly. The examples provided below demonstrate three classes of housing options-independent, semi-independent, and dependent-that are distinct in the level of care they provide older persons. Independent Housing Options. Apartment and condominium developments that are reserved for independent older persons or that include design features making them fully accessible for elderly persons with physical handicaps receive special definitions in some updated ordinances. · Senior Apartments-Multifamily dwelling units occupied by persons 55 years or older. In the case of double occupancy of a unit, only one resident is required to be at least 55 years of age. The housing must be self-contained and physically accessible to elderly citizens. (Placer County, California.) · Housing for the Elderly-A building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons 60 years of age or older or couples where either the husband or wife is 60 years of age or older. This does not include a development that contains convalescent or nursing facilities. (Baltimore County, Maryland.) INDEPENDENT SEMI. INDEPENDENT DEPENDENT Semi-Independent Housing. Semi-independent housing units are similar to apartments but include special support services such as central dining, transportation service, and limited medical or nursing care. Older citizens living in such' housing generally desire privacy and independence and only need limited support services. · Semi-Independent Living Centers-A multifamily structure occupied by persons 55 years or older. In the case of double occupancy, only one resident is required to be 55 years of age. Such a center shall consist of individual apartments, community dining centers, and common recreation areas. The facilities must be physically accessible to elderly citizens. (Placer County, California.) · Congregate Living Facility for the Elderly-A residential facility for four or more elderly (age 60 or older) within which is provided.., living and sleeping facilities, meal preparation, laundry services, and room cleaning. Such facilities may also provide other services such as transportation for routine social and medical appointments...and counseling. (Prince George's County, Maryland.) · Congregate Living Facility-Residential facilities containing congregate kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities shall not be used for persons in need of the skilled care or structured care of a nursing home or institution. (Summary-Tampa, Florida, zoning code.) Dependent Living Arrangements. Life-care facilities, nursing homes, and skilled-care facilities are designed for older persons who need a wide range of health and support services, including personal nursing care. The distinctive feature of these types of residences is on-site health care, enabling residents to receive needed medical care without leaving the supportive environment. · Life-Care Facility-Any residential development providing efficiency one-bedroom dwelling units with common dining, recreation, and medical or nursing home facilities for persons in excess of 59 years of age. A life-care facility must: I) be licensed and staffed for skilled care; 2) contain common kitchen and dining facilities; 3) have cai1 button monitoring systems and a medical file system; 4) have on-premises physical therapy; 5) have on-premises personal services, library, educational, social, and occupational facilities, and available transportation. (Hollywood, Florida.) · Life-Care Retirement Facility--A condominium/ cooperative that has nursing home services as a part of the facility or has nursing home services at a separate location. (Tampa, Florida.) · Skilled Nursing Facility-A facility allowing care for physically or mentally disabled persons. Such care is less than that provided by an acute care facility. (Placer County, California.) Bonus Codes for Elderly Housing Some local governments have begun to use zoning incentives to encourage the development of elderly housing. This change has been due to a combination of factors: the local impact of changing demographics and increased awareness of the special housing and supportive 2 service needs of older residents coupled with cutb~.cks in federal and state financial support for the construction of elderly housing. Placer County and Nevada County, California, and Clackamas County, Oregon, offer density bonuses for housing the elderly, and Escondido, California, allows density bonuses to encourage the construction of housing for low- and moderate-income households of elderly persons. Clackamas County, Oregon, has density bonuses that encourage housing projects for the elderly in the vicinity of transit services, community, facilities, and shopping areas. Bonuses of five to 30 percent are allowed for housing projects in the immediate vicinity of bus stops with frequent service. Housing projects within 250 feet of a bus stop where buses run every half-hour or less receive the maximum 30 percent bonus. Bonuses of four to 10 percent are permitted for projects in the vicinity of parks, grocery stores, pharmacies, laundromats, and senior activity centers. Finally, small bonuses of two to five percent are granted for housing developments in the vicinity of banks, churches, hospitals or clinics, and cafes or restaurants. In Placer County and Nevada County, California, density bonuses and parking reductions are offered to developers of housing projects for the elderly if the developer will provide private transit services; the project is within 500 feet of a transit stop; the project includes on-site indoor or outdoor recreational facilities; the project is within 1,500 feet of a neighborhood or regional shopping center; the project is within 1,000 feet of a neighborhood or community park; low- and moderate-income units are included; or the project is within 1,500 feet of a hospital, clinic, or emergency medical facility. The bonuses of the Placer County and Nevada County zoning codes are cumulative. The maximum credit in Placer County is equal to over 200 percent of the base density; in Nevada County, it is equal to 125 percent. The Escondido, California, zoning code authorizes the city planning commission to grant density increases in order to reduce the per-unit construction costs of housing projects for the elderly. The bonuses are important because the city requires that 25 percent of the units either be occupied or reserved for moderate- income households. The maximum density bonus is 200 percent of the density allowed by the zoning district in which the housing project is permitted. Higher densities are permitted for projects that demonstrate superior site planning and design and for projects that strictly conform to the ordinance requirements for open space, compatibility with surrounding properties, and access and safety for the handicapped. High~:>o~rt Upholds Mining La'~,~ ~ In March the, U.S'~.l~re~Court affirmed the Pe~i~ine Sub~dence and Land C~~ l~~nd that a taking had not ~~[ ~i~u,ninous Coal A~s, ~e~nnsylvania D~~~rce~, ~5-1092. onslve nrogram to prevent specially pi relativel} ¥, housekee rang proximate neig ~., Aduit - - ' "'"~;:~':'~"~' ':"foster:6are/Gr0'up'h~ board an meals, help with actiVities Of daily livin and some degree of p~otective sul fewer non-related o~Idei;PersOns live with~a'care operated by an individdal 0r'couple;m0~t ai'( ReSidential care-,;('~:r~)n.al"~a~:e;' for residents with no se'ri0i~s~l'{ealth ~¢ requiring assistance with daily activities.-' SerVices usually prOvided include staff-sup~r~i~ed I housekeeping and personal care, medication supervision, and social activities. Most RCFs haTM shared sleeping rooms. Such facilities are generally licensed and must meetdesi( standards, including minimum staff requirements. Continuing care retirement community (life care community, campus concept) retirement community (CCRC) is a housing development that is planned, designed, and'operate a full range of accommodations and serVices for older adults, including independent living, con(. housing, and medical care. Residents may move from one level to another 'as their needs change. facilities may offer a guarantee of lifetime cars, including health care, which require a substantial entrance fee, as well as regular monthly maintenance fees. Other (~RCS include limited amount of health care as part of the standard fee or they may charge on a pay-for-serVice basis: Increasingly, CCRCs offer rentals as well as ownership options. '~ Intermediate care facility' An intermediate care facility (ICF) is designed for persons who do not require · . · ,, ' · * · · · ' round-the-clock nursing but who do need preventwe care w~th less than continuous hcensed nursing care. ~?~'~:~ or obserVat on. ntermediate care thus invo yes 24-hour service, but with physicians and nurses n ~'~:'.~ superv sory ro es. Such fac t es emphasize personal and social care. SerVices include ........ meals, laundry,, :~.~ therapies, and nursing care, including catheter and incontinence care. . - ;~..;. ,~:~'_'.: ~- Skilled nursing facility Skilled care is defined by a full range of 24:hour direct medical nursingl hea th services. Registered nurses censed practical nurses, and nurses a~des provide services prescribed by a res dent s phys c an. t s for those older adults who need health supervision but not hosp~tahzat~on.. -. The emphas~s ~s on nursing care, but restoratwe physical, occupational, speech, and respiratory the ap~es are also provided. This level of care may also include specialized nursing services, such as intravenous feedings or medication, tube feeding, injected medication, daily wound care, rehabilitation serVices, and monitoring of unstable conditions. 'In 1990, changes in facility certification under Medicaid deleted the intermediate care facility designation. The term "nursing facilities" will be used for all nursing homes and most will provide what is now referred to as skilled care as well as intermediate care· The skilled nursing facility designation is still used under Medicare. PLANNING FOR THE MIX Given the range of the level of care needed among older people, it is easy to recognize the importance of having a mix of the housing and care options described above. Certainly, there will be differences in demand and the ability of a community to provide a variety of options may be limited. Rural environments have historically offered fewer choices for older adults. Even small towns, however, are discovering the need and potential for providing a full range of alternatives. Planners addressing the development of specialized housing can approach the issue on two levels. The first level focuses on a communi!ywide assessment of the adequacy and location of specialized housing and associated services. The initial step is to map and evaluate the existing facilities in order to: Identify the types of elderly housing according to the level of care provided and then analyze the housing's location in the community as it relates to where it is needed; Assess the degree to which facilities are available throughout the city, affordable to nearby residents, near family members and neighbors, and near convenient transportation routes; Assess the availability of various levels of care and services within neighborhoods so residents need not move from the neighborhood if they need a higher level of care; and · Assess the availability of important neighborhood services--senior centers, libraries, nutrition sites, hospitals, and ne~ghborhoo~ sh, opp~g~ areas. ASSEMBLAGE 2d.~ESSED VALUATION The merger of separate properties into a single tract of land. See CONSOLIDATION. The value at which property is appraised for tax pur- poses. See ASSESSMENT RATIO. A$SESSMENT RATIO The relation between the assessed value of a property and a true market value. Comment: For a number of reasons, the assessed value of property may not reflect market value. In some states, communities are permitted to assess at a percentage of true market value. In addition, in jurisdictions that do not reassess or revalue frequently, the discrepancy between assessed valuation and true market value often increases over a period of time. In order to equalize all properties within a given taxing jurisdiction, some regional or state agency will assign an equalization ratio to a community's property. The planner must consider this equalization ratio in undertaking any cost-benefit analysis. ASSIMILATION ASSISTED LIVING FACILITY AT GRADE The ability of a body of water to purify itself of organic pollution. Residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-adminis- tered medication. They may provide other services, such as recreational activities, financial services, and trans- portation. See RESIDENTIAL HEALTH CARE FACILITY; RETIREMENT COMMUNITY. Comment: Assisted living facilities (or assisted care fa- cilities) range in size from a few rooms to more than a hundred. The facilities are sometimes combined with other types of housing, such as congregate apartment housing for the elderly and residential health care facili- ties. In New Jersey, assisted living facilities are licensed by the state as board and care homes° See GRADE LEVEL. ATMOSPHERE The layer of air .s. urrounding the earth. See Figure 4. ATTACHED DWELLING UNIT See DWELLING, ATTACHED. ATTENTION-GETTING DEVICE A device designed or intended to attract by noise; sud- den, intermittent, or rhythmic movement; or physical Independent Brokers Realty 949-0263 * 949-4976 Fax June 8, 1999 City of Chanhassen 690 City Center Drive Chanhassen, MN 55317 To Whom It May Concern, Attached is a comparison of Chanhassen homes located in close proximity to commercial properties and those not located close to commercial properties. The comparison uses comparable properties (same style, size, year built and year of sale) to determine the average sale price. The subject properties were compared with the average and variations from the average are the basis for this study. The areas studied were along Hidden Lane (only the properties backing up to Lake Drive were used), Cheyenne Avenue (behind McDonalds) and Alisa Court/Valley Ridge North (by the weather station). The study of these properties indicates normal variations form the average sale price and are well within market price ranges. There appears to be no negative affect on the sale price or market time due to closeness to commercial property. Of the 21 properties studied, 52% were within 2% of the average sale price, 76% were within 3 °,/o, 95% were within 4% of the average and only one property was more than a 4% variance fi:om the average sale price (260 Hidden Lane sold for 6% more than the average). If you have any questions about this study please call me any time. Sincerely, Kevin Sharkey Broker/Owner 2% - 4% - 5% Full MLS Service "Minnesota's Largest Discount Broker''® Land Use: 560 Church Description A church is a building in which public worship services are held. A church may also house an assembly hall or sanctuary; meeting rooms; classrooms; and occasionally dining, catering, or party facilities. Additional Data Peak hours of the generator-- The weekday A.M. peak hour was between 10:00 A.M. and noon. The weekday P.M. peak hour was between 7:00 P.M. and 11:00 P.M. The Saturday peak hour was between 5:00 P.M. and 8:00 P.M. The Sunday peak hour was between 9:00 A.M. and 1:00 P.M. The sites were surveyed from the late 1970s to the 1990s throughout the United States. Source Numbers 90, 120, 169, 170, 423, 428, 436 Trip Generation, 6th Edition 900 Institute of Transportation Engineers Church (560) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday Number of Studies: Average 1000 Sq. Feet GFA.' Directional Distribution: 7 19 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 36.63 19.15 - 113.38 29.13 Data Plot and Equation 1,800 1,700 1,600 1,500 1,400 1,300 1,200 1,100 1,000 900 80O 700 6OO 500 4O0 300 200 100 0 x ......... ,.,:'-: __- ............... : .... ,~: ........ .~ ............... : ............... ; ............... X ~ 0 10 X Actual Data Points 20 30 40 X = 1000 Sq. Feet Gross Floor Area ~ Fitted Curve ...... Average Rate Fitted Curve Equation: Ln(T) = 0.593 Ln(X) + 4.766 R2 = 0.51 50 Trip Generation, 6th Edition 908 Institute of Transportation Engineers Church (560) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: Average 1000 Sq. Feet GFA: Directional Distribution: 8 19 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 9.11 4.35 30.20 7.20 Data Plot and Equation 5OO 4OO 3O0 20O 100 x Actual Data Points X ~ 20 30 40 50 X = 1000 Sq. Feet Gross Floor Area ...... Average Rate Fitted Curve Equation: Not given Trip Generation, 6th Edition 901 Institute of Transportation Engineers Land Use: 710 General Office Building Description A general office building houses multiple tenants; it is a location where affairs of businesses, commercial or industrial organizations, or professional persons or firms are conducted. An office building or buildings may contain a mixture of tenants including professional services; insurance companies; investment brokers; and tenant services such as a bank or'savings and loan institution, a restaurant or cafeteria, and service retail facilities. Nearly all of the buildings surveyed were in suburban locations. Corporate headquarters (land use 714), single tenant office building (land use 715), and office park (land use 750) are related uses. If information is known about individual buildings, it is suggested that the general office building category be used rather than office parks when estimating trip generation for one or more office buildings in a single development. The office park category is more general, and it should be used when a breakdown of individual or different uses is not known. If the general office building category is used and if additional buildings, such as banks, restaurants, or retail stores are included in the development, then the development should be treated as a multiuse project. On the other hand, if the office park category is used, internal trip making is already reflected in the data and does not need to be considered. When the buildings are interrelated (defined by shared parking facilities or the ability to easily walk between buildings) or house one tenant, it is suggested that the total area or employment of all the buildings be used for calculating the trip generation. When the individual buildings are isolated and not related to one another, it is suggested that the trip generation be calculated for each building separately and then summed. Additional Data Average weekday transit trip ends -- Transit service was either nonexistent or negligible at the majority of the sites surveyed in this land use. Recent studies indicate increased use of transit, carpools, and other transportation demand management (TDM) strategies. Information has not been analyzed to document the impacts of TDM measures on the total site generation. The average building occupancy varied considerably within the studies where occupancy data was provided. For buildings with occupancy rates reported, the average percent of occupied gross leasable area was 88 percent. In some regions peaking may occur earlier or later and last somewhat longer than the traditional 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M. peak period time frames, The sites were surveyed from the 1960s to the 1990s throughout the United States. Trip Generation, 6th Edition 1043 Institute of Transportation Engineers General Office Building (710) Average Vehicle Trip Ends vs: Employees On a: Weekday Number of Studies: Avg. Number of Employees: Directional Distribution: 62 610 50% entering, 50% exiting Trip Generation per Employee I Average Rate Range of Rates Standard Deviation 3.32 1.59 7.28 2.16 Data Plot and Equation 10,000 9,000 8,000 7,000 6,000 5,000 4.000 3,000 2,000 1,000 0 0 1000 X = Number of Employees Actual Data Points ~ Fitted Curve 2000 ...... Average Rate 3000 Fitted Curve Equation: Ln(T) = 0.844 Ln(X) + 2.231 R2 = 0.88 Trip Generation, 6th Edition I O45 Institute of Transportation Engineers General Office Building Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: Average 1000 Sq. Feet GFA: Directional Distribution: 78 199 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 11.01 3.58 28.80 6.13 Data Plot and Equation 15,000 14,000 13,000 12,000 11,000 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1.000 0 X ..... i ..... :, ..... :." .... ", ...... : ...... : .... x.i ..... ;¢': .... i ...... : ...... f .... : ..... ; ..... ; ..... ~ ...... :"-":'':''X''" "' : : ' ' ' · X .... ~ ..... 2 ..... .; ...... : ...... ', ...... ', ...... ', ...... : ...... ', ...... L ..... [ ..... 0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 X = 1000 Sq. Feet Gross Floor Area Actual Data Points Fitted Curve .... -- Average Rate Fitted Curve Equation: Ln(T) = 0.768 Ln(X) + 3.654 R2 = 0.80 Trip Generation, 6th Edition 1052 Institute of Transportation Engineers Land Use: 210 Single-Family Detached Housing Description Single-family detached housing includes all single-family detached homes on individual lots. typical site surveyed is a suburban subdivision. A Additional Data The peak hour of the generator typically coincides with the peak hour of the adjacent street traffic. The sites were surveyed from the late 1960s to the mid-1990s throughout the United States and Canada. The number of vehicles and the number of residents have a high correlation with average weekday vehicle trip ends. The use of these variables is limited, however, because the number of vehicles and residents is often difficult to obtain or predict. The number of dwelling units is generally used as the independent variable of choice because it is usually readily available, easy to project, and has a high correlation with average weekday vehicle trip ends. This land use includes data from a wide variety of units with different sizes, price ranges, locations, and ages. Consequently, there is a wide variation in trips generated within this category. As expected, dWelling units that Were larger in size, more expensive, or farther away from the central business district (CBD) had a higher rate of trip generation per unit than those smaller in size, less expensive, or closer to the CBD. Other factors, such as geographic location and type of adjacent and nearby development, may also have had an effect on the site trip generation. Single-family detached units have the highest trip generation rate per dwelling unit of all residential uses, because they are the largest units in size and have more residents and more vehicles per unit than other residential land uses; they are generally located farther away from shopping centers, employment areas, and other trip attractors than are other residential land uses; and they generally have fewer alternate modes of transportation available, because they are typically not as concentrated as other residential land uses. Source Numbers 1,4,5,6,7,8,11,12,13,14,16,19,20,21,26,34,35,36,38,40,71,72,84,91,98,100,105, 108,110,114,117,119,157,167,177,187,192,207,211,246,275,283,293,300,319,320, 357,384,435 Trip Generation, 6th Edition 262 Institute of Transportation Engineers Single-Family Detached Housing (210) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday Number of Studies: Avg. Number of Dwelling Units: Directional Distribution: 348 198 50% entering, 50% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 9.57 4.31 21.85 3.69 Data Plot and Equation 30,000 c 20,000 LU c- II 10,000 0 0 Actual Data Points X x x x x 1000 X = Number of Dwelling Units ~ Fitted Curve 20O0 ...... Average Rate 3OOO Fitted Curve Equation: Ln(T) = 0.920 Ln(X) + 2.707 R2 = 0.96 Generation, 6th Edition 263 Institute of Transportation Engineers Land Use: 230 Residential Condominium/Townhouse Description Residential condominiums/townhouses are defined as single-family ownership units that have at least one other single-family owned unit within the same building structure. Both condominiums and townhouses are included in this land use. Studies that did not identify whether the condominium/townhouse was a Iow-rise or a high-rise were included in this category. Additional Data The peak hour of the generator typically coincides with the peak hour of the adjacent street traffic. The sites were surveyed from the mid-1970s to the mid-1990s throughout the United States and Canada. The number of vehicles and the number of residents have a high correlation with average weekday vehicle trip ends. The use of these variables is limited, however, because the number of vehicles and residents is often difficult to obtain or predict. The number of dwelling units is generally used as the independent variable of choice because it is usually readily available, easy to project, and has a high correlation with average weekday vehicle trip ends. Source Numbers 4, 92, 94, 95, 97, 100, 105, 106, 114, 168, 186, 204, 237, 253, 293, 319, 320, 321,390, 412, 418 Trip Generation, 6th Edition 360 Institute of Transportation Engineers Residential Condominium/Townhouse (230) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday Number of Studies: Avg. Number of Dwelling Units: Directional Distribution: 53 185 50% entering, 50% exiting Trip Generation per Dwelling Unit f Average Rate Range of Rates Standard Deviation 5.86 1.83 11.79 3.09 Data Plot and Equation 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 0 100 200 × Actual Data Points Fitted Curve Equation: 300 400 500 600 700 800 900 1000 1100 1200 1300 X = Number of Dwelling Units ~ Fitted Curve ...... Average Rate Ln(T) = 0.850 Ln(X) + 2.564 R2 = 0.83 Trip Generation, 6th Edition 361 Institute of Transportation Engineers Land Use: 253 Elderly Housing Attached Description Elderly housing (attached) -- restricted to senior citizens -- contains residential units similar to apartments and condominiums, and it is sometimes a self-contained village. They may also contain special services such as medical facilities; dining facilities; and some limited, supporting retail facilities. Additional Data The sites were surveyed in the 1980s and the 1990s. Source Numbers 237, 272, 412 Trip Generation, 6th Edition 462 Institute of Transportation Engineers Land Use: 253 Elderly Housing Attached Independent Variables with One Observation The following trip generation data a~e for independent variables with only one observation. This information is shown in this table only; there are no related plots for these data. Users are cautioned to use these data with care because of the small sample size. Day/Time Period Trip Size of Number Generation Independent of Rate Variable Studies Directional Distribution Occupied Dwellin~l Units Weel~day 3.48 67 I 50% entering, 50% exiting Saturday 2.51 67 1 50% entering, 50% exiting Saturday Peak Hour of 0.30 67 1 Not Available Generator Sunday 2.70 67 1 50% entering, 50% exiting Sunday Peak Hour of 0.55 67 1 Not Available Generator Trip Generation, 6th Edition 463 Institute of Transportation Engineers Land Use: 252 Congregate Care Facility Description Congregate care facilities typically consist of one or more multiunit buildings designed for elderly living. They may also contain dining rooms, medical facilities, and recreational facilities. Additional Data Vehicle ownership levels, in general, are very Iow at congregate care facilities. The sites were surveyed in 1981 in Portland, Oregon. Source Number 155 Trip Generation, 6th Edition 456 Institute of Transportation Engineers Congregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday Number of Studies: Avg. Num. of Occupied Dwelling Units: Directional Distribution: 2 183 50% entering, 50% exiting Trip Generation per Occupied Dwelling Unit f Average Rate Range of Rates Standard Deviation 2.15 2.12 - 2.15 * 3ata Plot and Equation Caution - Use Carefully - Small Sample Size 700 600 ~- 500 LU e.- · 400 II 300 2OO 100 100 200 X = Number of Occupied Dwelling Units X Actual Data Points ...... Average Rate Fitted Curve Equation: Not given R2 = **** 300 Trip Generation, 6th Edition 457 Institute of Transportation Engineers Land Use: 620 Nursing Home Description A nursing home is any facility whose primary function is to care for persons who are unable to care for themselves, for example rest homes (which are primarily for the aged) and chronic care and convalescent homes. This type of facility is occupied by residents who do little or no driving. Traffic is primarily generated by employees, visitors, and deliveries. Additional Data The sites were surveyed from the 1960s to the 1990s throughout the United States. Source Numbers 28, 29, 91,98, 221,237, 245, 253, 397, 436 Trip Generation, 6th Edition 1005 Institute of Transportation Engineers Land Use: 620 Nursing Home Independent Variables with One Observation The following trip generation data are for independent variables with only one observation. This information is shown in this table only; there are no related plots for these data. Users are cautioned to use these data with care because of the small sample size. Day/Time Period Trip Size of Number Generation Independent of Rate Variable Studies Directional Distribution Occupied Beds I Weekday 3.24I 176 I ~ 50% entering, 50% exiting Trip Generation, 6th Edition 1006 Institute of Transportation Engineem City Council Meeting - May 10, 1999 11. The developer shall escrow $3,000 with the city for extension of the sewer and water service from Ashton Court to the property line of Lot 2. The develOper shall contact the city 30 days in advance to request extension of the sewer and water service from Ashton Court. 12. Lot 1, Block 1 will be subject to sanitary sewer and water hookup and connection charges at time of building permit issuance. The cost of extending the sewer and water service shall be deducted from the sewer and water connection charges. 13. A private driveway and utility easement and maintenance agreement shall be recorded in favor of Lot 1 and Lot 2 by the developer. 14. The developer shall be responsible for extending a sewer and water service to Lot 1 through Lot 2. 15. The developer shall be responsible for payment of total SWMP fees of $1,533.53. These SWMP fees will be due payable to the city at time of final plat recording. 16. Approval of a variance to permit the private driveway width as shown on the plans submitted to the Planning Commission prepared by Advanced Surveying & Engineering Co. drafted 2/12/99, revised 3/10/99. All voted in favor and the motion carried unanimously. Mayor Mancino: And Kate we don't have to, because it's part of the condition, we don't have to do anything about the private driveway variance do we? Kate Aanenson: You do need to make a motion on the variance. I think it was part of that motion. Mayor Mancino: Well it's part of the condition. Councilman Senn: Conditions or do you need a separate motion? Mayor Mancino: She did put the variance in the motion, correct. Councilman Senn: I would move to amend my motion to include approval of the variance. Mayor Mancino: Second? Councilman Engel: Second. Councilman Senn moved, Councilman Engel seconded to amend the motion to include approval of a variance to permit the private driveway width as shown on the plans submitted to the Planning Commission prepared by Advanced Surveying & Engineering Co. drafted 2/12/99, revised 3/10/99. All voted in favor and the motion carried. REQUEST FOR AMENDMENT TO THE HIDDEN VALLEY PUD TO ALLOW CHURCH FACILITIES~ ASSISTED LIVING FACILITIES~ OR OFFICES AS PERMITTED USES AND TO INCORPORATE SPECIFIC DESIGN PARAMETERS FOR FUTURE DEVELOPMENT OF LOT Iv BLOCK 7~ HIDDEN VALLEY; LOCATED SOUTH OF LAKE DRIVE EAST AND EAST OF HIDDEN COURT~ 275 LAKE DRIVE EAST~ FAMILY OF CHRIST LUTHERAN CHURCH. 26 City Council Meeting - May 10, 1999 Public Present: Name Address Roderick & Robin Franks Dale Klubunde Jeff Shipley Vemelle Clayton Randy Koepsell Steve Nomes Bill Vranzen Tami Gottschalk Steve & Sharon Olson Gary Dosdall Barb Christopherson Laurie Strand Charles Pederson Holly A. Rakoecy Ted & Ann Sneith Jeanette Lappen Scott Ragneby Carlye Peterson Adell & Tom Glaser Susan McCarthy Dan Lomiser JeffOlson Jill Baumtrog Greg Gmiterko Linda Giordano Pat Hamblin Lee Kaufman Kent Kelly Kelly Woods Mavis Eiler Pamela Franzen Ray Schaul Steven Wahl Steve, Jocelyn & Sandra Elfstrom Josh Nelson Kevin Bums Christ Anderson Dennis Rakoey Mark Nelson Teri Bums Marilyn Koepsell Julia Ping Cheryl Douglas Ronald & Elaine Larson 8694 Mary Jane Circle 8160 Hidden Court 261 Eastwood Court 422 Santa Fe Circle 1110 Dover Court 1451 Heron Drive 2370 Stone Creek Lane West 2197 Majestic Way 2320 Timberwood Drive 14952 Williston Lane, Minnetonka 1440 Heron Drive 771 Lake Susan Hills Drive 5940 Mill Street, Shorewood 7250 Creen Ridge Drive, Eden Prairie 901 Nez Perce Court 140 South Shore Court 661 Sierra Trail 750 Preakness Lane 8140 Hidden Court 8001 Hidden Court 8020 Erie Avenue 2520 Bridle Creek Trail 7605 Huron Avenue 8121 Hidden Court 8120 Hidden Court 340 Sinner Circle 300 Hidden Lane 6539 Gray Fox Curve 850 Lake Susan Hills 7000 Shawnee Lane 2370 Stone Creek Lane West 1021 Lake Susan Drive 7291 Trotters Circle 6581 Undestad Street, Eden Prairie 566 Kassel Lane, Chaska 1100 Dove Court 16886 Hanover Lane, Eden Prairie 7250 Greenridge Drive, Eden Prairie 6890 Navajo Drive 1100 Dover Court 1110 Dove Court 408 Santa Fe Circle 8650 Chanhassen Hills Drive North 710 Cherrywood Circle 27 City Council Meeting - May 10, 1999 Lee & John M. Thorson Jr. Joel Lehrke Dale & Jo Mueller Melanie Wegner 7320 Longview Circle 2329 Boulder Road 2529 Longacres Drive 8727 Flamingo Drive Cindy Kirchoff: Thank you. This request was reviewed by the Planning Commission on April 21 st. The Planning Commission unanimously approved the amendment to permit a church on Lot 1, Block 7 of Hidden Valley Addition. However the request to permit an assisted living facility or office was denied by a vote of 5 to 1. One commissioner did feel that assisted living facility would be a compatible use on the site. This request basically intends to provide an alternative use for Lot 1, Block 7 in the event it is not purchased by a church. The applicant has prepared development and design standards for the lot. In terms of uses they would like to see an office building under 25,000 square feet or an assisted living facility or a church. Staff does have concerns about office, the traffic and the compatibility with the existing neighborhood. But is supportive of the church and the assisted living facility. We also did mention in the staff report that medium density residential would be a compatible use of the site. The amendment to the PUD would also require a land use plan change and staff has recommended that it be changed to office. However tonight staff is recommending that the item only be discussed and that it be tabled for a further meeting. I'd be happy to answer any questions. Thank you. Mayor Mancino: Okay, and your desire to have it tabled is based on? Kate Aanenson: Well we'd like to have an opportunity for Council to hear the comments tonight. The issues. At the Planning Commission there was a lot of information.' Maybe some misinformation so we'd like the Council to hear that and direct the staff in' which way you'd like us to clear up any issues you may have or give you further information. So I guess we'd like you to hear some of the discussion that's taking place. It's a complex issue. Mayor Mancino: Okay. So again staff has requested that we do table tonight. That we listen to all comments and questions tonight. I think one of the differences that I just heard is the medium density housing. Was that in the Planning Commission report? So that's something new. Okay, that we'll want to listen to. And it gives us time to listen to all of you and your comments. Kind of process it and to also ask staff if there are comments that you've brought up that we want more information about. And to then make a decision in a couple weeks and that would be on Monday, May 24th. That is what they are suggesting that council does. City Manager, any comments you'd like to make? Scott Botcher: No. Not at this point. Mayor Mancino: Okay, thank you. So tonight we're here to listen to everyone and we know that there are different opinions, etc. so we'd like to listen to all of them. We do ask that ifa comment has been made and you're going to make the same one, that because of time and everything else, you don't need to make it 2, 3, 4, or 5 times. The same comment. That we are pretty good listeners. We're going to be taking notes tonight and I think that's it. Please you know no clapping or laughing. We're all good neighbors and we all love the community so just let us know how you're feeling and give us your comments and we're here to listen to you. So when you come up, please state your name and address and we'll go from here. Kate Aanenson: I think the applicants would like to make a presentation. Mayor Mancino: Oh! I forgot about that. Sorry. Applicants, would you like to make your presentation. 28 '-' City Council Meeting - May 10, 1999 Steve Names: Good evening Mayor Mancino and councilmembers. My name is Steve Names and I'm a member of Family of Christ Church and Co-Chair of the Building Committee. We're here to request the council to approve our rezoning request for allowing a permitted use to include church, assisted living and offices. Our goal this evening is to outline our reasons for rezoning and to begin a process of working on solutions for it that will benefit all parties. This is a very important issue for our congregation. A provision within our lending agreement calls prior to construction of our new site on Bluff Creek that we must sell our current property. If we do not sell, we cannot move. We need the equity in the current site in order to help finance the new church. And we do have a buyer for this current property. We are interested in seeking a zoning change that will benefit the community and are respectful to our neighbors. We've been very open during this process. We've held a series of four meetings in which we had a total of I0 to 12 people attend. We're relocating from our current site because it's not large enough. And it will not fit our growth and accomplish our mission. Our congregation is over 1,000 members and we're growing similar to what Chanhassen is. In your packet you have a petition in which 220 members have signed. Since then we've had another 137 people sign it so we have over 357 people to sign this petition supporting the rezoning. Our master plan for our church is to have a building that will encompass at least 50,000 square feet. Our current site has 20,000 square feet. One of the things that we've been looking at for several years is how churches grow, and there are really two issues that are helpful in church growth. Number one, you have flexibility in your property that enables you to adjust your programming...things change and you need to be flexible to meet that. The second thing is adequate parking. On our proposed site we do have sharing parking arrangements and we think that's a good use. The current proposed site, our current site has limited parking. We would be coming back needing variances. We are outgrowing this area and we need to be able to expand to meet our ministry. Our' church ministry goes beyond Sunday morning. We're a seven day a week church. We've been open to the community and will continue to be. We've had the Boy Scouts. We've had ECFE. We've been a place for voting to occur. In the future we'd might be looking at developing some preschool programming. Maybe daycare. Another suggestion could be latch key programs. We're connected near the school and as this community has many two family members working, it could be a good program to support some of those needs. This issue for us is about the future. In my professional job I'm involved with senior housing and health care and recently I attended a meeting in Bloomington in which we talked about the 230 Initiative. And the 2030 Initiative is about what's going to happen in the year 2030. The big issue is the baby boomers. That group or generation is moving and how are we going to be prepared to deal with that. Currently of the age population in 1990 1 of 8 individuals were over age 65. In the year 2030 1 of 4 will be over age 65. Every body here. Mayor Mancino: Some of us a little earlier. Steve Names: ...but there is a need for us to work towards that. One of our proposals will address that issue and things are going to be changing and we need to be flexible to change that. Family of Christ Church will be here to support all that change. We're part of this community. We have a proud history of being here since 1980 and will continue in the year 2030. The question is how will we be here and how are we going to be part of the community. Right now we have a need for preschool and childrens programming. It makes sense. We're here tonight and we have kids. We need programming space. This community needs places where kids can meet...and that's critical for what, as I feel as a parent, having my children engaged in part of a program. In the future that may change. With all of us aging, we may feel a need to be developing adult daycare or some other programs. Earlier this evening you heard about programs that were great. Meals on Wheels. We must be prepared. Our initiative tonight is to talk about being prepared. To talk about setting up and our church wants to be part of that. That is our motivation for relocating. That's our motivation for looking to the future and it's really a future jump. We're asking 29 City Council Meeting ~ May 10, 1999 all the congregation members to step up and it's not easy raising money to make this move but we know it's right. Again our role tonight is to present the church request. Our request we believe is reasonable and thoughtful for the community. We're not asking for special treatment. We believe rezoning offers value to the community and it meets the comprehensive plans and also provides community, provides tax money back to the community. Following me we have several people. Randy Koepsell, Jim Sulerud. We have a couple senior high students, Jocelyn Elfstrom and Jill Baumtrog and our Pastor Josh Nelson just to conclude and we're going to set the table for what are the issues and we hope to have a good discussion. A healthy discussion, about what we can do to make this move and make this a great community so thank you and Randy. Randy Koepsell: Again our purpose for being here now is that we do, oh I'm sorry. I'm Randy Koepsell and I live at 1110 Dove Court. Our reason for being here tonight is because we do have an offer subject to the rezoning of this property and as Steve stated, we do have to sell it before we can continue with the project on our new site by Bluff Creek Elementary. The criteria for rezoning is set out in the staff report. There were three items. One, no special treatment. Two, it needs to benefit the community. And three, comply with the comprehensive plan and be not incompatible with surrounding land uses, if that's not a double negative. First I'd like to review those three. No special treatment. We believe that our application meets this criteria. It is the practice of the city to assign underlying and alternative zoning. This meets the city's desire for adaptive reuse. Churches have been provided with underlying zoning. City staff included in the report an update on all the churches in Chanhassen and their underlying zoning on page 3. Of the nine churches indicated, they all have some underlying zoning. Whether it's residential or office institutional. So again we don't believe that, or we believe that indicates that we aren't asking for any special treatment by asking for assisted living and an office development. The benefit to the community. Again we believe this criteria is met regardless of which way the final buildout ends up being. The assisted living for seniors benefits the community in a number of ways. Council has identified this in planning as a need in the community. It has low impact relative to both traffic and safety concerns in the area. It provides a place for community families to allow mom and dad to stay close in the community to their families. Staff found this to be an appropriate use for this site. It provides jobs in the community and it may be a taxable use as determined by the county assessor. It is an adaptive reuse. Office is the other main one of contention and the one that we also feel benefits the community. It has low impact relative to traffic during nights and weekends when most families are at home. Generally traffic is from 8:00 to 5:00, Monday through Friday so again the impact is during the day. Not as much in the evening when families are at home. It is safe. All the entrances that have been proposed and discussed...assessment of $100,000.00 in taxes per year. It provides a place for jobs in the community. It is again an adaptive reuse and provides additional, more affordable office space by re- using the existing building versus new construction. Taking into consideration the development of our new church at Bluff Creek and the buildout of this particular site, whether it's office or assisted living, you're looking at a financial impact and an investment in this community of 5 to 6 million dollars. Again that's a significant investment in the community and a benefit to the community. Finally the third item was complies with the comprehensive plan and is not incompatible with surrounding land uses. Again, we believe this criteria is met. The 1990 comprehensive plan drafted in the mid to late 80's guided this property for high density residential. We've not pursued this use yet because this is one of the uses the neighbors least like and because it is not an adaptive reuse. Apartments, townhouses would not be able to use the building the way it is, where both of the other major uses that we're proposing would be able to reuse the building. Again we believe it's not incompatible because you just approved an office building much larger directly across the street, the Northcott Building, which our understanding is up to an 80,000 square foot building and as indicated in the staff report, our use has been limited to 25,000 in terms of square footage. Our land use is defined by the natural topography of the community's infrastructure is the Lake Drive East corridor. We really are separated from the neighborhoods by the 3O City Council Meeting - May 10, 1999 topography. It drops off directly to the east of the building behind us and directly to the south of us there is one house. The 1990 comp plan recognizes these natural differences by identifying our property as high density residential and originally Highway 101 was planned to correspond with Lake Drive East. So things do change. Uses change. I want to show just how close on one of these diagrams that we are to Highway 5. This is the church property. This is Highway 5. It comes directly to the south of Highway 5. Very little space between Highway 5 to the north of us. There are other examples of office use bordering residential neighborhoods such as Villages on the Pond, the National Weather Service station and post office complex, the southeast comer of Dakota and Lake Drive, and the downtown areas. And we also have a drawing just so you can get a feel for where those are at. All of the ones highlighted in yellow are residential neighborhoods bordered by office. You can see at least 6 or 7 spots... Just to give you an idea of our plans and how they fit on the site. Again we're looking here not at a site or approving building plans but of a zoning issue. The first one I'll show was the master plan of our church that was put together back when we got site approval for the church. Currently the church is where this dotted line is. So it's about 7,200 square feet. Built out on this particular diagram is about 20,000 square feet. The reasons for showing this, the rest of it is primarily parking but it gives you a flavor of more what a buildout of the church might look like. The next one, the buildout of an office complex. Again it just gives you an idea how it might fit on the site. It also shows the reuse of the existing building. And again very similar to what the church would look like built out. Not a lot of difference. The final one is assisted living. Again, looking at the diagram it shows the reuse of the church and much the same in terms of the final buildout of that particular facility. We've been asked to be a little more specific. I want to stress that these are just samples of what the building might look like. This one in the lower is the office building and you saw the diagram. Please ignore the pond. We found out since doing all this work that a pond is not required in this area. And assisted living facility is on the upper diagram. Basically if these two uses, assisted living and office meet the same design criteria relative to screening, berming, setbacks, landscaping, construction materials as the church, then these .other uses cannot be incompatible with the land use criteria. We believe this demonstrates that we've met the criteria as outlined in the staff report. With that I'm going to turn it over to Jim Sulerud. Jim Sulerud: My name is Jim Sulerud. I live at 730 Vogelsberg Trail. Thanks for your participation with us. We have two primary requests that you've heard and I wish to reiterate. That is that you come to an understanding of the extreme importance this issue is to our congregation and that you provide value through an extended discussion period these two weeks. We look for you input, advice, counsel as we work towards a solution. We may not see it, you may not see it in hand tonight. These proposals we kind of got stalled out at the planning commission because we felt that that process, or since that decision we've felt that that process was not bringing together the value that you might have to contribute to this process. We met extensively with staff so we joined in the request with staff for this two week period and we think it will be helpful to us all. It's been stated before that we've had residents meetings. Trying to bring out all the issues. Every last issue that might be of concern to the neighbors. So we looked for a whole list, the full extent of things that would relate to the zoning issues. That is concerns about noise, traffic, safety, lighting, odors, nuisances, etc. And then we think we've reflected all of these in our proposals that you've seen here this evening. We've reflected those through berming, landscaping, setbacks, parking limitations, and square foot limitations, even moving an access off of Hidden Court so that no longer is an access shown in our plans, other than for a church use. We would need that for our parking, for buses for preschool, etc. But this seems to have left a couple issues. Maybe not strictly zoning issues but issues that have confronted, that you maybe have been confronted with. One of these is that any use other than a church use will decrease my property values. That may be something that you've heard. A second issue is, I don't want change. I want a church. A church and only a church. Maybe to clarify the first issue. The decrease in property values. It has maybe three aspects. One, we've done a study on the different areas that Randy mentioned around the city to see the impact that such 31 City Council Meeting - May 10, 1999 developments adjacent to each other, office with residential, to see what that impact is. We have some testimony available for you in that regard. Anything can be argued back and forth on those because we're looking now in another neighborhood. We're not repeating exactly what happened before but we think that while it may not be conclusive, we think that it sufficiently refutes that issue and certainly we haven't seen anything on the other side that where there's any empirical evidence of a hardship. So we're acknowledging that that issue's out there but we don't think it's substantiated. Secondly, if a hardship exists because of your rezoning of our property, if a hardship results upon the neighbors, we think that a limitation on our ability to rezone should also be considered as, our hardship should be considered as well. While in fact we haven't championed that hardship issue and we think it isn't one that we want to, it may need some clarification but we don't want to dwell on that. There's also the claim that what hardship we might have is self imposed by our lack of effort to sell the church or by the fact that we're seeking an inappropriate price for our church and therefore we haven't seen a sale. In the materials you've received there's some background information on that but relating back to our appraisal which is dated in January of more than two years ago. Land was valued at $2.00 a square foot. Do you remember those days? That's some time ago, right? $2.00 a square foot land is what we had in our appraisal. We had $112.00 per square foot construction that was depreciated because it is an existing building and it was depreciated by 18%. The resulting value of that depreciated construction cost and the $2.00 a square foot value two years ago was a million dollars. We have had an asking price in the marketplace in general terms for $895,000.00. We've been having ongoing discussions with some more actively interested parties in the 700 plus to 800 plus range depending on how long our occupancy might remain. A whole variety of issues. So we're certainly discounting by 15% to 25% what was the marketplace two years ago and a modest marketplace so we think that that adequately takes care of that issue. We have been actively marketing. Five years ago we began our inquiry for looking for new space: At that time we were in touch with the other congregations in the community. In fact we were considering, we had proposed to some that we have some initial conversations about joint use of space. Some congregations joint parking. Whatever. St. Hubert's and others that we talked to. We were looking at innovative approaches to that kind of land use back then. Other churches were aware that we were going to be selling sometime in the future. Obviously that joint use of church doesn't work so well because everybody uses the space at the same time, or wants it at the same time so that didn't last very long. But we were looking towards unique solutions and so we pursued aggressively the shared parking which on our new site will be a benefit. There are no shared parking arrangements in the current location. Those have not been obtained from the developer across the street prior to their development so it would be something that someone would have to give up. It's not been a part of the city process or any development process in that area to have shared parking. We've continued our marketing to churches. Particularly it's been suitable to those, maybe towards those congregations which wouldn't experience initial large growth rates and a particularly interested party was the Episcopal Church. And they saw that they might grow to a certain ultimate size over these next 10-15 years and, but that interest diminished in the past and they don't have a current interest. Otherwise it becomes churches. We can't really attract churches from other communities. Churches want to develop from within a community and so we're looking for those. The word is out. People know of our interest to sell. But as was pointed out before, we do have an offer that includes our requirement that we have zoning for office and assisted living and the church use. The other issue that has been brought up is that well, we don't want change. We like the church. We like always there to be a church there. Randy's pointed out the fact that some things do change. The neighborhood has, there was concern earlier this evening about the increased traffic on Lake Drive East. Well actually that's a diminished plan from before. That was going to be 101 at the time these neighborhoods were originally designed and built. At the time I moved into the community, zoom in on that just a little bit. But here it says the Village of Chanhassen. Things change. Mayor Mancino: None of us were here. 32 City Council Meeting - May 1 O, 1999 Jim Sulerud: Let me point out a couple of things. One is the 212 alignment came across in this location on Pioneer Trail. That survived for a while. And changed more recently, but a special note is this Southdale like facility at 41 and Highway 5 that was planned. It's a major shopping area that was going to be developed out there. We don't see that on any plans any more. Yet you might have a resident in that area saying I've been counting on that. Where is it? We want the city to produce that. Since then the city, this is in the 1990 comprehensive plan. That shopping center's gone but you can see a couple alternatives for the river crossing that's still shown in the 1990 comprehensive plan showing that the 41, or not the 41. 17 maybe extension down across the river crossing was going to be happening there. This one is the one that shows the high density residential for our particular piece of property. Almost all of it except what would be the equivalent of the south lot is designated on here as high density residential rather than moderate density. This is to say that things change and things will always change. The main point that I think Steve made earlier was, one of the points that he made earlier that I think is a main issue is that if the church remains there, the church will change. It isn't a church a church a church as what you see today but that will also entail change. I think that just to reiterate again the two main points that we're looking for is your sense of our, of the importance of this to our whole congregation. That like you are elected members at large. All of you have an equal voice no matter what's going on. Wherever it happens in the community. You don't just represent your neighborhood. We all from our congregation come from different neighborhoods. We feel we have an equal voice in the issues that happen around the community and we're not in a second position if we don't just live next door to our church but our value that we bring to the community, the concerns we have, all have equal standing. We look forward to working with you over these next two weeks. Resolving the issues and coming up with a solution that meets all of our objectives. Thanks. Mayor Mancino: Thank you. Jocelyn Elfstrom: I'm Jocelyn Elfstrom and I live on 6581 Undestad Street. This past year our confirmation class has had to meet in the Chanhassen Recreation Center because there just wasn't room at our church. That caused some big problems in our family because I go to choir at church on Wednesdays at 6:15 till 7:15 when our confirmation starts at 7:15. So I have to drive, I go straight from confirmation over to, or straight from choir over to confirmation and me and the other boy who was in the choir with me, always showed up late to that class and caused sometimes a commotion when we were walking in. So it's just, it will be nice when our church like has a place to move to and has room to like, room to grow so I'll be able to, instead of having to get in the car and drive across town, I'll be able to just walk down the hall. That's it. Mayor Mancino: Thank you. Jill Baumtrog: Good evening. Hi. My name is Jill Baumtrog and I live 3 blocks east on Huron Avenue and I'm almost 19 years old, which coincidentally happens to be the age of the church. I was the second baby baptized in this church family and I have a younger brother who's also in 8th grade and gets to the do the same thing that Jo Jo does basically and go all the way from the church to confirmation mainly because I'm his chauffeur and I'm in the choir. I can remember our old church at the old St. Hubert's in downtown Chan and I can remember the day that we broke ground for our current building. Mainly I remember this because my dad brought his pitching wedge because he figured he could move more dirt with that than a shovel. I'm student director and stage manager. Mayor Mancino: Took me a little bit to get it so. Explain that to me would you. 33 City Council Meeting - May 10, 1999 Jill Baumtrog: The only explanation I can give is my dad's a pretty poor golfer... I'm the student director and stage manager at Chaska High School for the drama department and last night was our closing night for A Midsummer's Night Dream which was a big success. And right now actually I'm supposed to be at the high school striking the set and clearing the stage so we can have band concerts and so forth go on there and to tell you the truth I'd much rather be there with my friends. Mayor Mancino: You shouldn't be saying that tonight. Jill Baumtrog: However I'm here. For the sake of all the younger kids that go to Family of Christ and that's why I'm hem. And there are a ton of them. Let me tell you, there are hundreds of kids in our church and I came personally to ask that my church congregation have a chance to make as much possible making, selling our present building. Everything costs money and that includes youth programs. But I'm here for the kids and I firmly believe that kids stay out of trouble when they have a healthy home, a healthy school and a healthy community and I thoroughly think that churches are part of that healthy community. And when kids have someplace to go, it's a safety net and it will keep them out of trouble and I think churches am a big place where kids can go for that. I have a friend that goes to Mt. Calvary in Excelsior and they just put in a new indoor gym and they just put up the basketball hoops this last week and this whole last weekend all I could hear from my friends was that all of their younger brothers and sisters were hanging out at church playing basketball. And I thought how cool is that. How cool that kids just want to hang out at church and they're right there to hear the word of God and yet still have a really good time and it is a safety net for them. So I thought that was really cool. I just thought that instead of making things harder for my church to have that coolness, I thought it'd be great if you would help us and support Family of Christ in our growth in every way possible. 'In a couple of years I'd like to tell my 8a' grade brother Ryan, hey you know, you're really lucky. Look at all these opportunities you have. Look at all the space. Look at what you get to do. How unfortunate, how jealous am I that I had to miss out on that because I'm way off in Madison at college. Look at what you get to do. And I want to be able to tell all the other younger kids that they're so lucky too and I think that you should give them a chance and give me a chance to tell my brother that and give Family of Christ a chance. Thank you. Mayor Mancino: Thank you. Josh Nelson: Mayor, council members. I am Josh Nelson. I'm a Pastor to Family of Christ Lutheran Church. I'm the one that invited JoJo to speak and I'm the one that invited Jill to speak and I said Jill, 5 to 7 sentences max. Aren't you glad I didn't tell you more? Thank you both JoJo and Jill. A short while ago Jill was confirmed back in 9t~ grade. She's 12~ grade this year. Them were 9 students in her class. Jocelyn will be confirmed next year. There are 21 students in her class. A couple of years after her there are 40 students waiting to be confirmed. And it keeps going up from there. Ours is a very young congregation. There are as many children in fact under the age of 21 as there are adults over the age of 21. We have so many children that we run multiple Sunday School sessions but we don't have enough room or space in our building to run anywhere from third grade on up over the weekend. So they have to come to our church on a Wednesday night when we hold a religious training for them. And even with that they're sitting in both pastors offices on the floor with clipboards in their hands. You get a sense of our space crisis. We certainly don't want to come off however as whining or complaining about this. In truth every one of us feels that this is a tremendous gift from Godand a blessing and it's an opportunity for us to be in ministry to youth and families. We wish to do more. We wish not to be constrained by physical space so that we can expand our efforts and be creative in meeting our members families but also in meeting the larger community's families as well. Nearly everyone across the country agrees that asset to building programs and opportunities for children for youth are absolutely necessary for the health 34 City Council Meeting - May 10, 1999 of a strong community. We feel our church can help do this and it will best happen if we are allowed to sell our current space. Sell it to a buyer who will be as respectful of their environment as we have tried to be. So please help us meet the challenge that we feel God has given to us. For 5 years our Building Committee has worked diligently and conscientiously. We feel we are at a watershed moment and that is why the rooms are full tonight and the petitions are full. We very much appreciate you giving us a hearing and we stand ready to answer any questions you may have. Mayor Mancino: I think we have heard from the applicants. Now we will open this for again anyone else wishing to address the council. And whatever you say on either side is accepted. So please everyone have a chance to speak. Sue. Sue McCarthy: I'm Sue McCarthy at 8001 Hidden Court in Chanhassen. I am a lot that adjacents the church, directly adjacents to it. You know I would like to bring this focus of the meeting back to the point of the meeting and the point of the meeting is the rezoning. And the point of the meeting is whether or not we're going to move ahead with rezoning that property for assisted living, office or church. And one point I want to start off with, and I think it's very important that we start off with this point because I think it really reflects the mood of the neighbors, is that we are not opposed to the Family of Christ Church moving. I mean we are so excited that they have property and honestly we are excited. We're excited that they're going to expand into daycare, preschool, youth programs. That is exciting that you've outgrown but that is not the point of this meeting. The point of this meeting is whether or not we should rezone that property so you can sell your property to move to that location. Your zoning has been approved for that new location. You've purchased the property for that new location so it seems like it's a given you're going to get there. The question is, what are you going to do with your property that remains? And so my husband Doug and I, as well as many other members in our neighborhood are not opposed to the move. We are opposed though to the request for rezoning and we would like to make a request now to the City Council that they uphold the Planning Commission's recommendation that the Hidden Valley PUD//85-1 be revised to permit a church as a permitted use only. And a petition of 74 residents who are directly affected by this rezoning was submitted to the Planning Commission from Erie Avenue, Hidden Court, Hidden Lane, Hidden Circle and Marsh Drive and we expected tonight that a decision was going to be made on whether or not that rezoning would take place. The residents did not attend this meeting in the numbers and droves like they did on Planning Commission because we were not notified that they were going to have an opportunity to speak. So I feel like I'm speaking for them. We do really appreciate, as I said during planning commission, the opportunity to hear directly from the church in those four meetings. I attended all of them, as well as every other house that was directly affected by that attended. I won't say every. Maybe 5 or 6 of those houses directly attended that so we are very cognizant of what went on and appreciate the voice. However, if you look at the number of petitions and letters and e-mails send to the planning commission, that clearly demonstrates the opposition to the rezoning. I stress to the rezoning. Not to the move. We understand that the Mortenson property across the street on Lake Drive is zoned for business but the church's location makes it more closely identified with the neighborhood, even though the map that you saw shows it abuts Route 5. That is just truly at the very end. It's not where the neighborhood is. Most of it does abut people's properties. An ongoing church use has been a reasonable expectation of surrounding home owners in purchasing their homes. The neighborhood character would be fundamentally altered by the rezoning. The neighborhood character is not changed by just adding berms or by adding a lake or subtracting a lake for runoff. It truly is the type of property and it's use. And we do not think the church means any harm by making this request for rezoning but we don't feel like we any obligation to underwrite their move through the destruction of our neighborhood value. We understand that the city has an interest that the good land does not go vacant and that you do get the tax revenue. However, the fact that the proposed uses are not in the recently updated comprehensive plan indicates that it was not considered in the 35 City Council Meeting - May 10, 1999 community's best interest as a secondary use at this location. Nor a secondary zoning for church is a consistent city wide policy. As was stated in the Planning Commission's meeting, two other churches within Chanhassen are zoned for church use only. The Jehovah Witness as well as Our Family of Christ. I believe that's Our Family of Christ Lutheran. Oh, that's you. Okay. Those are the two churches. The church naturally sees it's growth as a community benefit and so do we and we want to be able to completely support them in their move. However, as neighbors we want to also preserve our neighborhood and think that the church should look out for our interest as well as was stated here. We think it is a mistake to believe that this site is inadequate for any other church simply because this one has outgrown it's usefulness at this particular physical site and we firmly believe that a solution can be found that helps both. Both the existing church as well as the new buyer for a church. So with that in mind we'd like to submit before you the petition as well as e-mails and letters and request that you uphold the decision by the planning commission to keep it as a church use only. Thank you. Mayor Mancino: Thank you. Anyone else wishing to address the City Council? Kevin Sharkee: My name's Kevin Sharkee. I'm a resident at 380 Deerfoot Trail here in Chanhassen. I'm also the owner of Independent Brokers Realty here in Chanhassen. We've been doing business for about 12 years. Mostly in the residential area. I've been an agent for 12 years myself. Hopefully have a fairly good handle on the impact of the commercial on residential. You know what I think and what I feel doesn't have a lot of impact or doesn't carry a lot of weight. So I went through a house by house evaluation of the properties affected by commercial. Two of the areas that I picked out were in the Hidden Lane itself, right along the corridor with the convenience store, the daycare center, Dominoes Pizza, the Dance Studio. There's a lot of traffic being generated by that and if it is true that property values are devalued by that type of commercial property, this would have been a real prime example for it. The other area that I chose was along Cheyenne behind the McDonald's, down towards Youngsted's and that whole corridor going that way thinking that they're probably the most likely candidate to be affected by this type of activity. So I went house by house from 1992. Houses that have sold in those areas and compared them with other houses. Same style. Same size. They were built in the same general geographic location and did a market analysis on them. House by house. And if you ever want I do have the information that supports this. But what I've found that 70% of the houses grouped in 1% of the average market price. Across the board. Year after year. All these houses, 7 out of 10, 1% variance either up or down. The other 30% that went beyond that were no more than 4% either above or below the appreciated value with a market value average. So to me that tells me that the market, houses that have sold in Chanhassen, it just doesn't support the claim or the belief that your house is going to be devalued by having this type of commercial property in close proximity. It just, the facts, at least the facts I pulled up here, just don't indicate that. Thank you. Mayor Mancino: Okay. Linda Giordano: My name's Linda Giordano and I live at 8120 Hidden Court. And what these guys have all said is true. It's great that they want to expand and do whatever but all of us in our neighborhood bought our house with the assumption that it was going to be a church and that was all it was supposed to be. And all the petitions that they have, none of them live on our street or in our neighborhood. Maybe Erie but that is in the other neighborhood, and we're not happy about it. It should stay a church and leave our value that way it is. Thank you. Mayor Mancino: Thank you. Anyone else wishing to address the City Council? 36 City Council Meeting - May 10, 1999 Tom Glaser: My name is Tom Glaser and I live at 8140 Hidden Court. I'm on the end of a one way street. Or dead end street. And at the other end sits a church. Now I have to tell you this is the first time I've been to a council meeting and I found it quite interesting. I have not followed the activities of the church. Primarily because I haven't been notified about the four meetings that they had. It's my understanding that those meetings were only for the properties that were adjacent to the church. Had I know what the plans were, I probably would have become more actively involved. Anyhow, to make a long story short, we've listened to five speakers representing the church. One speaker representing real estate. We've heard a lot about what the church plans are. Vision 2030 is a great plan. I guess my question would be to the church, what happens if you don't get the rezoning? Will you close the church? Mayor Mancino: Just one second. We'll ask that later, thank you. Tom Glaser: Now the church people stressed by changing the zoning the taxes would increase. Or tax base by I believe $100,000.00. The down side of that is they're going to build a new property in the city. You won't get taxes on that. What guarantees do we have as citizens and neighbors that if it is rezoned to either an office building or a health care facility, that the drawings that we saw up there are going to be in reality what is finally built there. We sat here in the first part of this meeting and watched a one story office building go into a two story office building. I see that too by the way every day I go out. I guess to keep the neighbors more comfortable I think if indeed the plan is to change the zoning, and I know that's still up in the air, to present to the area people drawings, plans, traffic studies similar to what the office complex did across the street. Those of us that attended the meetings there sat and listened and found no fault with it. I think that covers it. Mayor Mancino: Thank you and I did take down your questions and we will answer those at the end. Have our Planning Director answer those for you. So anyone else with questions just please know that. That we are trying to take them down and we will answer. Larry Schrader: Hi, my name is Larry Schrader and actually I live in Chaska but I go to Colonial Church and you guys are my landlords. The old St. Hubert's Church. These people over here had a humble beginning at the old St. Hubert's Church and that's where we are now and we're in the midst of raising money. We have raised quite a bit of money in a very short time to be a buyer for this church that we're talking about. Unfortunately when we first started negotiating, Randy and I were talking about it. We had an appraisal of between $645 to $750,000.00 for the church and they had an appraisal between and $800 and what, and a million dollars. As you can see the X's did not cross. When you start talking about churches, unfortunately when you talk to the banks, we're poor risks. Don't ask me why, but we're poor risks. So therefore more money needs to be raised up for a down payment. Where a 10% down payment for a house might be adequate, 20% is asked of a church. 30%, excuse me. I stand corrected. So as you can see, the raising of funds becomes quite very expensive and we're in the process of trying to raise on a national level, on a personal level in our small group that we have, and also with our Mother Church to raise monies to approach Family of Christ. To find out where those X's really do cross. To find out what the value of the church is. As of yet we've had no negotiations with them to find out where the new X's are. The price has come down. It was originally, I can agree with a person. I've had the same problem too. When you buy a lot and it looks over a lake and somebody comes and puts a bigger house in front of you and you do not see the lake, and it wasn't supposed to be there, you become disappointed. Same likewise is we would like to take and have the possibility, how slim it may be I don't know. Is to negotiate in good faith with Family of Christ to find out what that price is and to have it remain as a church. I think this could be a solution to a problem. Hopefully I don't become the problem itself and therefore that's the only thing I really have to say but we want to go on record saying...church still from Chanhassen, we're still interested in keeping it as a church because it does meet our needs. Thank you. 37 City Council Meeting - May 10, 1999 Mayor Mancino: Thank you. Randy Koepsell: My name is Randy Koepsell and I'd just like to address a couple of the things that have come up so that we can clarify some of the different issues. We have in the zoning and in this purchase agreement we were asking for it to be a church. We would like nothing better than ultimately to have our buyer sell it to a church. Our problem is we can't wait forever to receive an offer from a church. I mean it just isn't going to work. Larry has been in discussions and I think I have a letter from him dated in 1996 so you can see that we've been discussing it with that church and also one other church for a very long period of time. But at somewhere I've been on this building committee for five plus years for a two year commitment so it's been a long period of time as well. So we are trying to just keep this project moving and we had to make a decision somewhere along the line. Let's move ahead. So we would be happy to have it ultimately sold to a church. It's more than likely going to change whether it's Colonial or any other church. More than likely there's going to be some building on that. The reason we're not up here with plans similar to the Northcott Office Building is because we're looking at zoning. We're not looking at a site plan at this point. Obviously if it is rezoned or even if it's a church down the road, they're going to have to come back with a site plan and a development plan and say this is what we really want to put here and there will be obviously time for input on all of that at that point in time as well. The question was raised and is it appropriate to answer what happens if not approved. If not approved, at this point we would not be able to move. And I say that at this point. Nobody can predict the future but at this point we would not be able to move. Mayor Mancino: Okay, thank you. Tami Gottschalk: Hi, I'm Tami Gottschalk. I'm at 2197 Majestic Way and I came here to ask the Mayor and the Council to please consider the rezoning, which is the issue at hand. We've all agreed on that. I think we can also all agree that...big issue, okay. The community is changing. The community is growing and with that comes a lot of opinions and ideas and thoughts and wants and desires. And I came to this community for a big desire to grow my family. And part of my family is the Family of Christ family. I want to see them grow because my personal family, my blood family, my one daughter and hopefully in the future another daughter or another son, I want to see them grow as well. Not only do I want to see them grow individually and personally and religiously and also continue to be a member of Family of Christ, but I want to see them grow away from the worship services just on Sunday. I'd love, and that is one reason why I have volunteer to be a co-chair on a preschool committee for the Family of Christ. I think there's a high need for that in the community. I believe that there are other needs as you've heard our own congregation going, and as I think we can all see, the growth within the community of more and more families moving out here, the need for not only programs for our children, but possibly programs for adults. And I strongly believe that if the council could look at the good idea, I really believe it's a good idea to rezone. The possibilities that could come from an assisted living facility, how that could possibly benefit one of us. I personally have a parent that's aging. My husband's family are aging too and he is an only child. What are we to do? Build onto our house and have our families move in? I don't know. Maybe that would be it. But I think it's a great idea to see possibilities such as the rezoning may bring to our community. I also want to say that in the past week the meetings that I have been involved in, I've heard that if another church is interested in purchasing our property, it may also be a good thing for them to think about having that property, to be able to be rezoned. Again so that they can acquire a higher loan value. So it's not only in the best interest of us as a congregation at Family of Christ, it's in the best interest of the community. And I please ask that you do consider this and if we need to work together, which I hope we can all as a community for the next two weeks to come up with the right decision, I hope that's what we can do. I think that's in all of our best interest. Thank you. 38 City Council Meeting - May 10, 1999 Karen Cook: Hi, I'm Karen Cook and excuse me. I have terrible laryngitis so just bear with me. We live at 260 Hidden Lane and we are the second house across the street from the church. And we bought our home and moved into the community last summer and we have done our homework and we knew about the...we knew all about that and when we looked at our property as a potential place to live coming from Wisconsin, we inquired about the church and we were told it was zoned as a church. And my husband is an Episcopal Priest in Minnetonka and being a clergy wife, believe me I'm the first one that will stand here and agree with the wonderful growth. But I just have one question. We'd really like to see the church stay as a church, just selfishly it really affects their property and our family, but I do have a question. I was just wondering if it would be possible to rezone our home if we couldn't sell it should our family grow out of out's? Mayor Mancino: Thank you. Barb Yache: Hi, I'm Barb Yache and I live at 8181 Hidden Court and I was going to bring up the same suggestion as far as the rezoning. What if my family grew in size and I needed to move and couldn't afford to buy the house I needed to buy for my 8, 9, 10 children. I mean again the issue right here is about the rezoning. What's happening to our community? I didn't move to Chanhassen to have all of our neighborhoods being bordered by offices or retail businesses. I know growth is happening and that it just happened around us but tell me one neighborhood or one neighbor that is excited about an office building popping up right next door to them. Because it's happened in the past, do we need to continue doing this in the future? When I moved to Chanhassen, I mean a lot has happened in Chanhassen. A lot of good things. Maybe a few negative things but should we always look at everything that has happened in the past and say well it happened here, it happened, let's continue and continue. Pretty soon everyone is going to be alienated and want to move away and go to another town to live because of the damage that has been done. I'm all for the church moving. I think it's a wonderful idea. I'm a church goer myself. I go to St. Andrews if anybody's familiar with that. It's a huge community. I feel for all the youth. I have children. I would love for it to happen. I may consider joining the church, but again, look at who you're leaving behind. Look at the community. Look at your neighborhood. You guys are a church. You're Christians. I'm just, I can't, the feelings I have tonight, I don't believe that I'm listening to a church as far as what they're thinking about who they're leaving behind. This conversation sounds more like a business decision than some Christians talking about what they're doing to the neighborhood behind them. Mayor Mancino: Thank you. Pat Hamblin: My name is Pat Hamblin. I live at 340 Sinnen Circle which is just offofMarsh Drive in the Brookhill Addition. I hadn't planned on talking tonight so I'm not really prepared. As a member of the neighborhood, although I'm not real close to the church, I still am part of the neighborhood and I do understand the neighbors concerns about this. My main idea wondering is, even if it was zoned office or assisted living or whatever, what is to guarantee that that building is not tom down and something replaced? I mean you know a whole different office building could be put in there. I haven't heard anything to say that it definitely would not be tom down. Another thing is that I am also a member of Colonial Church at Heritage Square and when we first heard about this, about Family of Christ being for sale, like Larry said, the appraisal came in to be much higher than the one that we, that our person that we had hired came in at so we basically thought then well we can't afford this. We're a young church. Then later when it looked like the price was going to go down, we started thinking about it again and stuff and we heard that some office building was coming in. That would be a higher price so we thought well, we're out of it again. We can't afford to be you know in competition with some other building. 39 City Council Meeting - May 10, 1999 Well then earlier this spring when we found out that yes, there was a good chance that you know it was available again. One of our members in talking to Lotus Realty was told, you know we have, we could have until June to raise a $250,000.00 down payment to buy this building for an agreed, for a price. So we bit the bullet. We started our major fund raising campaign and so it was like a couple weeks later, you know to our surprise, we find out that there was a rezoning request on it and it's kind of oh boy. You know here it comes to this office. We're going to be out of luck again. And so that's basically what our fear is that, then tonight to even a little more frustrating to hear that there is another buyer. So it's like okay, what are we up against now. We really do want to buy this building. We do, we understand of Family of Christ feels and I sympathize with them, but we are very serious about this and we think we do have some good possibilities that we're working on and I just want, also I'm sorry I got ahead of myself. Another problem was that when we were originally looking at land we found out there's only like about, I don't know, 4-5 pieces of property in Chanhassen that the City is willing to build a church. That's not very much property for the way this city is growing and also you look at the price of property in Chanhassen right now. It is rather difficult. So it's like you already have a property that...shame to lose one more piece of property that a church could go into. And so that's kind of where I'm at. Thank you. Mayor Mancino: Thank you. Jack Thorson: My name is Jack Thorson. I live at 7320 Longview Circle. Things do change. We've lived there since 1978 and when we first moved there there was nothing between us and North Dakota. ...gone through the ponds and out in the fields and out in the woods and we look at the deer and tigers and the lions and the elephants and everything. But a lot of things have changed. Some of the things we weren't quite happy with. There were some lower priced houses being built next to us but by golly you know, they're pretty good neighbors. And a lot of things did change. They rezoned to allow that to happen. Couple of other things I'd like to put into perspective. First of all, I think we need to at who's asking. The gentleman from Chaska was a feeling that we not rezone. There's about 400 voters from Chanhassen in Family of Christ Lutheran Church and I think we also deserve consideration. We need to optimize the price of our building so that we can move. What is the tree valuation? It's probably up around $800,000.00 isn't it because we have an offer for that. We need that. I've been on the financial resources committee long enough that I've worn out several. The other one, I was co-chair of the last financial drive we had for our building and I know what it takes to raise money. We had two drives to buy the land. We had a drive last year, two years ago for the building. Now we find we're not having quite enough so we're having to go out and tap our members once more. I don't think we can get there the fifth time. So we're probably going to have to stay where we are. We'll either have to go up, out, around or not grow. And to us not growing is not an option. I don't think it's an option for the community of Chanhassen either. You have a very active community minded church and we want to stay that way and we want to help our community. Yes, you talk about the plan 2030. As you can tell from my gray hair, I probably won't see that. But somebody here will. A lot of you will. And it might even be nice to have that facility available for me in another 5 or 10 years. And you know when you think of it, we have what, 1,100-1,200 in our congregation. Lots of kids and I take great pride in the fact that all these little kids running around. And that there's only 18 of us that over 65. But I think it's important that those of us who are mature can help these young people and I was really pleased and proud of our young people telling about what that church meant to them. Please, let us optimize our church value so that we can move on and help Chanhassen grow. Teri Bums: I'm Teri Bums. I live at 1100 Dove Court. I co-chair the Childhood Ed Committee and between myself and that committee, we're in charge of roughly 300 Sunday school students. And probably about 100 from 3 and under. Five of them are mine. We're out of room. I can't talk to all the specifics of the zoning and the money and all of those kind of things. My appeal is purely emotional. 4O City Council Meeting - May 10, 1999 We have five classrooms. We have 300 students. We literally have them in every single comer of our building. In four different services plus two on Wednesday night. Our nursery is so crowded that we can't even have infants in it. They'd get trampled. My 2 year old won't go in there because it's too busy. We need... We've been working for five years to try and move. We really, in my understanding, had no idea that this was really going to be an issue. We just kind of thought this would just happen. Only two churches, ourselves and the Jehovah Witnesses, and I've just learned this tonight, aren't zoned other than church only. Being on Council for four years, never had a clue in my mind that this was going to be a big deal. When we were denied at the last meeting, you were all...what do we do now? We've got the land. We've got the buyer to our own building. We've been working for five years to try and sell it to a church. That would definitely be our first choice but so far nobody has been able to come up with the money. And let's face it, this is an issue of money. We have to have a certain amount to be able to sell to be able to move. Back to the kids. We've got 300, 400 kids that are sixth grade and under. We can't provide for them right now. We cannot minister to them in a way we'd really like to. We have huge dreams but we can't do it because we don't have anywhere to put them. We literally are renting out spaces to put our children right now. With the new building we'll be able to minister to them and being five of them are mine, that's very personal. I would really like you to consider our motion to rezone and look at it from more than just a pencil and paper issue. Look at it as a personal issue. There's a lot of people that this is affecting. A lot of neighbors too but there's a whole lot of members of Family of Christ that need to be taken into consideration. Thank you. Ted Smith: Ted Smith, 901 Nez Perce Court. My wife's going to kill me for coming up here. At any rate, the point I wanted to make I guess is I'm sitting here and it's kind of interesting. You know there's an emotional battle and a fiscal battle and I was sitting back there having lived in Chanhassen now for 6 years. Looking at the incredible appreciation that happens here on houses and the fact you could probably put a tent up outside and sell it for 120 grand doesn't hurt anything...couple things I wanted to point out was the fact that we're also... State of Minnesota, as a taxpayer, I guess you know the tax relief that would come from this building doesn't...but the point I wanted to make is I would be more concerned about a recession and an incredibly higher tax in the City of Chanhassen on the valuation of your house as opposed to a building going up next to you. Steve Elfstrom: I'm Steve Elfstrom. I live in Eden Prairie, 6581 Undestad. It seems that we didn't intend as a church to become trailblazers in a financing, question of financing but it seems like we are. It seems like we have another church following in our footsteps trying to address the community with lack of funds. Our new church that we're talking about moving into, there was, I think we talked about building an additional 10 classrooms with sweat equity to address even what we need at this point. But I guess the only thing I'd like to say is it looks like Chanhassen itself has to find a way to deal with this problem, a long term for the good of the community. As I understand it, our question comes up as a zoning question but it's also something along the lines of what's good for Chanhassen. It is a fiScal question because land is very difficult to get in Chanhassen. It's very expensive. There was just an article in your paper about two weeks ago about the churches and how they're growing, but the difficulty of how they're growing is something that has to be addressed also so it's a very difficult question. It's been thrown right in your laps and we'd like you to just consider it in terms of what's best for Chanhassen. Mayor Mancino: Thank you. Brad Johnson: Brad Johnson, 7425 Frontier Trail. I'd like to just answer one thing. We are the marketing firm and we were brought in to try to solve the problem. The problem is as we were told that the church could not move until they close on their transaction. And remember after they close it will be 41 City Council Meeting - May 10, 1999 another 18 months before they're able to move in. We said well it's difficult to find somebody that will buy a church and not move in when they close. That's a tough assignment. We have attempted to do a bridge loan which simply says we lend, somebody lends them the money. They take their cash from their church and they move. Their lender refused to allow that. The new lender would not allow that to happen. They wanted the church to close. So what we did is we did what is called a bridge purchase through Lutheran Brotherhood which simply says Lutheran Brotherhood will buy the church if it's rezoned so they don't feel like they get stuck with it a year and a half from now. And Lutheran Brotherhood, all the members of the church, the neighborhood and everybody would like to have it stay as a church. In our investigations we said well how could this happen that there's a piece of property in this community when you put it on the market there can be only one, two or three buyers. You know that doesn't create value. If you put a home on the market today I would guess the average selling time in Chanhassen is 30 to 60 days. Put a church on the market here or anyplace where it's zoned just church, it may take two, three, four, five years to do it. We thought we were pretty creative. We've met with all the neighbors. Showed them alternatives, you know the planning kind of stuff and that's why we're not saying much tonight because we think we can solve the traffic and the looks and you know those are things that are little less probably emotional but if we just simply said it has to be a church, then there has to be a church buyer. I personally believe, based upon my financing of about 55 million dollars of stuff here in Chanhassen that it will be easier for a church to buy this if it doesn't have just church zoning because there's a secondary use to it. If I'm a lender, I'm going to look at it from that point of view. But if it's only a church and there's only one or two buyers over a two or three year period, there isn't much use. The Planning Commission wanted us to try to reuse the existing facility. It's kind of crazy to throw away something that was just recently valued at about $750,000.00 in just the building. To throw it away to build single family homes in that area or something like that. The value's just not there. As part of our purchase we have plenty of time for somebody to come forward and purchase it as a church because that's the zoning. We have a bridge purchase, I want you to understand. It's a bridge purchase which allows us then to resell it to somebody else. And so if somebody wants to step up in the next two, three, four months, that's fine. I think there's one or two, I know I've counted two people in the audience that are listening to this. One church that's interested in it wants it rezoned first. That's why they're not speaking. Then they may be interested in buying it but they do not want to find themselves in the same position that this particular church is. Having a product that is not marketable. And we have, this is just a problem. St. Hubert's is zoned what, office industrial. The old St. Hubert's, yeah that's what it is. Or office, OI. Right. Still they could not find a buyer. They had to lease it. There's a couple other churches over in Eden Prairie for sale right now. They're not selling because again they're small, inadequate. So just realize that we have put together a program that will not punish other churches in this community that would like to be an owner. We just need to get on with things and we're more than willing to wait. That's the buyer, Lutheran Brotherhood, to look. We asked if Lutheran Brotherhood could finance the next church, taking away the financing situation. He asked if it's Lutheran. So you even have a limited number of financing, Baptist finance Baptist church. The Congregational finance Congregational church. You have a very limited world out there as far as this type of transaction' s concerned. I think we've got the best of both. I think we can take the next two or three months and ifa church wants to purchase it, fine. A couple of them have told me, I told them what the price could be. And Lutheran Brotherhood is going to sit around and wait for a year and a half and hold while they put together their world. That's the way it is. It's not a bad transaction. We've tried to think everything out except we did not come up with a conclusion that we could leave it as a church, which a lot of the neighbors, you know direct neighbors want it to be. We could not solve that problem. The rest of them I think we can solve. Even to the point of offering it to the two churches that are in this room tonight, one of which has spoken and one of which has not. That it is for sale and we'll give two, three, four months for them to figure out how to buy it. But that's the zoning is the issue. Lutheran Brotherhood will close with the zoning. Thank you. 42 City Council Meeting - May 10, 1999 Mayor Mancino: Anyone else? Joel Lehrke: Hi Mayor Mancino, I'm Joel Lehrke. I want to thank you for returning my call earlier today. I live at 2329 Boulder Road. I just wanted to say that while you're here you think about city, you think about your responsibilities to the City Council and I'm going to use the old adage, you want a warm fuzzy and that's the whole purpose of city is to create a warm fuzzy. A community, a surrounding for people to develop and do different things. I get to see you laughing here Steve but that is the purpose of the city. One you guys ran for election. You want to help the city. You have to look, what will help the city grow here. What we are capable of doing by moving, by rezoning our property. By rezoning the property which has precedence, I believe in Hutchinson, Minnesota right now they have churches being rezoned as assisted living. I think you'll find it's a nice transition. When you get into the facts of rezoning, they'll talk about will it become an island? How does it affect the other area? What we're asking in the rezoning I think you'll see is a nice transition and that's what you'll always tell me when you want to build by my house or something, how does it transition to the areas, residential, to industry and things like that. I think the rezoning that we are asking for is a nice transition. And I guess you have to look once again as a city council we've talked change is happening. Change does happen. What it was originally zoned I'm finding and we're getting more confirmation it was a high residential type zoning initially and the zoning of the.., change does happen and how will it happen that, can we help the city? Does it help a lot of people in the city? Does it help our community grow? Thank you. Mayor Mancino: Thank you. Jell Olson: I am JeffOlson. I live at 2520 Bridle Creek Trail in Chanhassen. I'm a member of Family of Christ and also I was on the committee to try and sell the church. I bet there's not too many people that have tried to sell a church, and it's not very easy to do. There's a very limited market. A couple things I want to clear up. Earlier tonight Randy mentioned that we had been talking to a couple of churches. We've talked to a lot of churches. We've talked to anyone who would listen to us and tried to convince them to come in and purchase. We've not had any solid offers from anyone. There was some discussion as I recall from one church that they were thinking a price somewhere that wouldn't even be replacement value. There's just a very limited market. One gentleman talked about not being invited to the meetings. Maybe he slipped through the crack. That was not the intention. A couple of the earlier meetings we focused on properties adjacent to the church, but we really sincerely wanted to involve the community, the neighborhood. Prior to that some months before we had sent mailings out, what we thought was to that whole neighborhood. I got a mailing list from staff here at the city of those neighborhoods and we sent mailings out saying this is our predicament. This is what we're talking about doing. We tried to contact and be in touch with them as good neighbors. Now out where I live, I've been to meetings before which were nothing more than window dressing. People coming in and trying to do something in the area and there was no sincerity at all. There were meetings held because it would look good to you that they had had meetings with the neighborhood. That's not the case here. We honestly wanted their input and it may be indicative of that is when we first found out there was a problem, potential problem, that we were a non- conforming use. In discussions, this goes back several months now. There was discussions with city staff and I recall probably my first discussion on this issue, that my recollection is that if you go way back, that this property was guided OI. And that staff would support that. As time went on and we looked at the issue, you look at the 1990 comp plan and you see that it's multi-residence. That's what it's guided for. Neither one of those are acceptable to the neighborhood and we're not here asking for an OI rezoning. We're not asking to put up a big multi-residence apartment building or what have you. We tried to take in the neighborhood's concerns. Address them as best we could. That's why we're not here with asking, in fact we were here about five months ago. Maybe 43 City Council Meeting - May 10, 1999 longer. We initially filed an application to rezone OI. The neighborhood did not like it. We pulled that back and we adjusted. Tried to come up with something that everyone could live with so we are trying to address those problems and I think what we've proposed is for all the comments that have been made tonight, staff did a good job in the report showing that these uses are something the community needs, but be mindful that our efforts with the neighborhood to come up with uses that can work. They're not here today and we can't say that this is how it's going to look, but all of you are going to have something to say about that down the road. We know we've gone through months and months of site planning, etc, etc, getting approvals, so there is going to be a lot of control yet down the road and there will be input again then. But if nothing else, know that our efforts with the neighbors were sincere being on the front lines of a number of those efforts. And so it kind of disappoints me when I sit in the audience tonight and have people in the neighborhood sigh and make gestures and I think, I don't think they realize how sincere we have been in trying to address their needs. But as long as we are proposing change, you know there's going to be, we need to have change. They don't like it so they're disappointed but know that we were very sincere in our efforts to accommodate where we could. Mayor Mancino: Anyone else wishing to address the council? Dale Klabunde: Dale Klabunde. I live at 8160 Hidden Court. I'd just like to comment that I bought my house about 10 years ago and with the idea that the church was at the end of the block. They're great neighbors. We enjoy the church. Even attend the church occasionally. However, we don't really appreciate the fact that this now may be changed into a high density type development. The council tonight approved a building at the end of our street that will be a big, have a big impact on our residential area and I don't think we need another building similar to that almost at the same time which is really going to change our residential area. We already have a lot of traffic on Lake Drive East down at the McDonald's intersection there and with additional development that's going to do nothing but increase that. So I think we've got to consider the amount of people that we can push into this small residential area, and I guess I object to the change and would like to see the property stayed zoned as a church. Mayor Mancino: Thank you. Is there anyone else? Rod Franks: Rod Franks, 8694 Mary Jane Circle. I'm a resident who's also directly affected by the request for rezoning. I'm not going to talk a lot about the facts and I've not been on the Building Committee or the Finance Committee but I am a member of the church. One of the facts that strikes me though is people talk a lot about change. Change is hard. Change is difficult. It can be a struggle. I know in our family we've struggled with how to change our finances to be able to give financially to the church to create this new building, and that's been a struggle and that's been hard. I watch the faces of every one up here today, hearing all these comments, and I can see that it's a struggle trying to balance out. Take in. Hear everything. The one thing that I do know about change though is that you can't avoid it. It's going to come. It's going to happen. So to think about resisting change or trying to stop change is wasted energy. But what strikes me is what we can do. And what we can do is manage change effectively and I think that's what we've looked at with the comprehensive plans in this city. What you've tried to guide this city as a council and as a body, is to really manage the change that is coming to our city effectively. We saw the maps that were put up when the city was not a city. It was still a village. We've seen how things have changed. I think they have been managed pretty effectively. The one change that I don't think is really being considered though is that whether we stay or another church moves in and tries to stay, it's very likely as they grow, as our community grows, that there's going to be maximum buildout even as a church of that property. I don't know if people are considering what the impact is going to be. I've heard a lot about traffic and of an office and the increased use. We heard earlier that our church is used basically seven days a week and as our membership grows and as the 44 City Council Meeting - May 10, 1999 building grows and the facilities expand and the opportunities for service expand, that involvement, that usage is going to expand. We're probably looking at a facility that's going to be used seven days a week up to 18 hours a day. From morning into the evening. I know there's been a number of evenings that I've been there pretty late myself. When I think of some of the alternative uses, there again managing some of the change, we're looking at typically business hours. 8:00 to 5:00 and not on weekends. So we're talking about traffic during the day as opposed to what, we have 1,200 members now. How many are we going to be looking? Maybe twice that much. Twice that much usage. Twice as many cars. Twice as many parking problems. Twice as many everything. Twice as much parking lot. Twice as many Sunday school wings rising, you know we saw the Sunday school wings going out in each section. A new sanctuary that's 40-50 feet high maybe you know with a nice vaulted ceiling. Change is going to happen on that site, whether it's by us or by someone else. So there again I'd like to make the point that we have a responsibility not only as a congregation being a good neighbor, but as our city leaders managing and guiding that change effectively. You know there's one change though that I'm not willing to accept and I'm a little fearful of that hearing some of the comments today, and that's the change of being a neighbor. We've been a good neighbor to the city, to the families, to the community and to the people directly adjacent to the property. I'd hate to see that change. Those families that live by that church are the families that I shop with. My kids are going to go to school with their kids. We're going to be involved in park and recreation activities together. We're going to meet on the road and maybe I'll even run a stop sign in front of one and I hope they're going to remember that I'm a neighbor and not take down my insurance information. But that's the change I don't want to happen. And how we're going to do that if we're going to address... Anything new brings along fear with it. I think we can all remember from change that has happened to us that it can be fearful, that it can be a struggle. Even when the outcome has had a positive affect, butI like the struggle because the struggle brings us all together. It brings us together as a community and as neighbors and as government and as citizens and it helps us bring clarity and definition to the issues. And I think that this has really mobilized our congregation to really define things. To define the request. To define the goals. To clarify, and I think the case has been made pretty effectively that the reasons for requesting the rezoning are very compelling. I think they're pretty clear and it's my hope that you'll see it that way also. Thank you. Mayor Mancino: Thank you. Anyone else wishing to address the council? I know who I'm going to talk to as I get grayer and grayer about all this change. I'm to embrace it? Rod Franks: Along with your dark side... Mayor Mancino: That will be fun. Okay, thank you. Rod Franks: I'm sure you're feeling better now. Mayor Mancino: Anyone else? Last call kind of for everyone. Then we'll, oh. Okay. Melanie Wegner: Melanie Wegner, 8727 Flamingo Drive. I want you to please rezone our area. Mayor Mancino: Clarity there. We'll bring this back up to council. We talked about, or it has been a recommendation of the staff to take some time and table this. I'd like to hear what councilmembers feel about that and also if you have questions about things that you, comments that you've heard tonight or from reading the staff report, if there is some more due diligence, questions that you have fi'om staff that you would like to have them report back to us on. Councilman Senn. 45 City Council Meeting - May 10, 1999 Councilman Senn: Kate, one question in my mind is we've heard it referred to a few times tonight. Two churches only zoned as church only. Kate Aanenson: Actually we have quite a variety of different zonings. Councilman Senn: That's what I thought. Kate Aanenson: Churches actually are a conditional use in any residential zone. As has been talked about tonight, there is a depleting land supply. In the last number of years people have gotten very creative in trying to do land sharing, i.e. the Jehovah Witness, St. Hubert's where we did shared parking. It's a way to reduce their cost and gotten more creative because the residential land is what was moving so fast and had been tied up by large property owners so it was difficult for churches to find properties. But all residential land, whether it's high density or low density, churches are a conditional use so it's just a matter of mitigating or attaching conditions, reasonable conditions to mitigate any impact so. But we have quite a few. We put in, Cindy put the table in the updated staff report. From PUD to OI, which is generally a quasi public use, a lot of the city owned properties is guided that. PUD came from where we've done the more creative, mixed use projects where we put the churches...special exceptions. For example St. Hubert's, where that is in that the Villages on the Pond and we did an the environmental, we also said, we said institutional so if St. Hubert's was to go away, it could be something like a hospital. It's not limited to that. There are other ones that are more restrictive so we're basically kind of all over on that, how we've applied that. Councilman Senn: Okay. So churches are allowed basically with any zone by conditional use? Kate Aanenson: Any residential zone conditional use. We've exempted them from industrial. We've exempted them from commercial because we wanted them to go to the land values that were less. Mayor Mancino: So any residential, okay. Kate Aanenson: That's why we've done the PUD where we've limited them only to one lot or you've done shared parking. Put conditions on there. Councilman Senn: Right. Understand. Not necessarily for tonight but I think it would be nice if, at least as far as the question goes on the rezoning as far as assisted living goes or as far as office goes. What mechanism exists and how could it be done if it were to be done to safeguard issues that were raised like reuse or rehab only of the existing building. Or limitations on size or limitations on future use or rebuilding. You know again a lot of those things I'm not sure we have a lot of leeway on and I know that's not necessarily an easy question to answer. Kate Aanenson: Well we did that, and that's one of the reasons we recommended a PUD. We wanted to come up with some architectural designs and setback designs as far as, I mean you'd have to get a legal opinion on requiring the re-use of the building. Obviously there is a mortgage on the building but that was the reason why we went with the PUD is to try to shorten the list of those uses that would be acceptable to the neighbors and then also put the standards in there such, no matter what came in, we could live with that design and we'd still go through site plan review to set the framework up to say this is what the height, this is what it'd look like. So that was the attempt and we did put that in the staff report and the applicants did do that. I think that was it for the moment. Mayor Mancino: Okay. Councilwoman Jansen. 46 City Council Meeting - May 10, 1999 Councilwoman Jansen: I guess I could maybe just start with my questions of staff. I have comments then to some of the things that were said tonight. I'm curious when we went through the last project you were able to get numbers for us out of the manual, the Institute of Transportation Engineers Trip Generation Manual. Do they also have studies in that manual for church facility traffic? Kate Aanenson: Yes. And we also put the parking standards in here. That was one reason why we felt comfortable with the assisted living. Based on the 60 units, we looked at 30 stalls would be required. That's what we felt, I mean that's really...as was indicated tonight, the amount of trips that are being generated. Councilwoman Jansen: Right. Kate Aanenson: Right. Something certainly that we can look at. Councilwoman Jansen: And I would be curious whether they can do a projection or if they have a projection in that manual for the church as it stands today, not fully developed but what are we looking at if it expands out to that maximum. If you could maybe quote that footage as well for use. Does that, is that a possibility? Kate Aanenson: Yeah, we could do trip generation. Again we put the parking standards in there but ultimately 150 stalls approximately is what they're looking at but we can look at trip generation. Scott Botcher: The trip generation manual allows you, it has all sorts of different uses in it but you do have the ability based upon some of the square footages of the proposed building, to make extrapolations and guesstimates as to what the impact will be. Obviously with a church, even though churches are 24 hour you know a day business anymore, your traffic impact is a couple times a week. I mean for all practical purposes. Your Bible study courses, you may have 20, 30, 40 people there but in the grand scheme of things it's not a lot. But I think the trip generation stuff is something that we could provide. Councilwoman Jansen: Okay. Great. And then mention was made at the start of the meeting of the medium density housing. Could you maybe expand upon that a little bit as to, I mean were you referring to this property being able to, I assume you're demolishing the building and putting up, didn't I hear mention of medium density housing as an option? Kate Aanenson: Sure, I think we were looking at if someone, a smaller church was to buy it without the expansion capability, the lot could be split. That discussion was held even a number of years ago. Subdividing the property. Councilwoman Jansen: Okay. So it'd be multi-use on the property then. The church would still be there but there would also be homes. I see. Okay. And did you have a chance to look over, the expanded list of activities. I'm just curious. I was surprised as I went through the church's last memo that they presented to us which was the other issues dated May 4th. Councilman Labatt: What page is that on Linda? What attachment? Councilwoman Jansen: Attachment #10. And if you go to their point 3. Actually point 3 under Other Issues. 47 City Council Meeting - May 10, 1999 Kate Aanenson: I guess that was our concern about just strictly using the ITE and trying to guesstimate because the new phenomenon now in the planning industry, mega churches and larger churches. I mean we still, in this community we do have Eckankar which draws 200,000 people a year to that church facility. But churches are also be service organizations. As they've indicated here they have Girl Scouts, Boy Scouts so it's not just the Sunday activity. That's why it's a little bit harder to go strictly by trip generation. They do use that building for a lot of other purposes besides their own. Councilwoman Jansen: So as long as it's zoned the way it is, and let's just say everything stays the say for conversation sake. They would be able to have a food shelf, homeless shelter, rallies, revivals, or denominational conferences and programs. Well some of these things that. Kate Aanenson: You look up the definition of church and there is a church that was, back to Roger's opinion on that. When you use the definition of church, a lot of those things are associated. Even a daycare or a preschool are generally found with a church or school activities so in our opinion we had already told him that some of those uses could be found in that without rezoning the property because that's associated with the church activity. Councilwoman Jansen: Okay. Okay, and I guess where I was going with that question, and I'm trying to put myself in the neighbors shoes as to what's going on nearby. And the question that I'm asking myself is, if the church remains, then what.'? What kind of impact will there be on the neighborhood because we're all hearing here tonight it's not going to remain the same. So if we go down what we've heard, they potentially would be expanding to, if our concern is the impact of traffic that's going to increase, it will be increased activity. Increased hours. And I wonder as you're looking at that type of an expansion on that property, if we should be taking into consideration how we can reduce those negatives which is what I'm hearing the neighbors say. They don't want the increase in traffic. They don't want the increase in activity that you might have from an office complex. Both of those activities are reduced if it's a senior assisted living. So that would be expanding upon the residential feel up against the neighborhood and I'm agreeing with some of the comments that staff had put in the report to suggest that by having it be assisted living, or in my mind that's like low impact residential. You know not, thinking of it necessarily, I don't know if there's negatives that come from...assisted living. I guess I would have to hear that spoken to a little bit because I'm seeing the positives to that. The reduced amount of traffic. You've got neighbors, 60 units. Of those 60 units are we talking about individual units? So we're 60 people. I mean those were some of my thoughts as I was looking at this piece of property in relation to what is the best thing for us to do for the neighborhood and for the church. I hate to sit here and think that it's a church versus the neighborhood. And in fact it's neighbor versus neighbor. So what can we do that might be in the best interest of everyone involved? But I'm also asking myself as to when that time comes and with a specific proposal, because what I'm grappling with also is how do we get comfortable with a concept that we're only seeing some hypotheticals for. But if I were asked tonight to try to come up with a best answer for both parties, I would want to hear more comment along the lines of the assisted living. The pluses and the minuses because it's a definite need in the community. So if we're also trying to do what's best for the entire community in making, if we were to make a change, then the assisted living units are a real need. And they're a real need today from what we understand. It's not an eventual. It is a need in the community and would that be a good neighborhood correlation for the housing units next to it? It would seem so. So I'm seeing it as a, the assisted living being a compatible land use. It limits the traffic. It's a good transition into the neighborhood so that we've got a buffer for the families and if anything, we're not introducing a new use. I'm looking at the office complex and ironically the two projects have come before us at the same time and you're being impacted by the traffic from 8:00 to 5:00. You wouldn't have that across the street. So it seems like you get a balance of hours and the amount of activity. Just some of my thoughts. 48 City Council Meeting - May 10, 1999 Councilman Engel.' It's been a long night for you guys. I remember when I first got elected to this in '96 and my wife and I kind of chuckled about it and thought these were going to be some fun nights and there's been a lot of uneventful nights over the last couple of years. This isn't one of them. And there's been a couple of issues as Mark will know and the Mayor will know and Steve and Linda are going to find out. You'd like it to always be black and white. Most things in my life politically still are pretty black and white. Don't see a lot of shades of gray. This isn't one of them and they usually come down to areas that always have to do with a neighborhood issue. So there's too many strings out them for me to address any one of them tonight. We're going to have time to do that later and staff's got a lot of work to do. I think so does everybody else out there. But just to set the table for you. I've been doing this a couple years now and it really doesn't change once you get hit with that first one that really is gray and we're not going to make, and I'm speaking for probably, I'I1 speak for myself. I'm not going to make the best decision that I think is in the best interest of the church and I'm not going to make the decision I think is in the best interest of the neighborhood. The gray area really commands someone who gets elected up here to take into account what's in the best interest of the whole community and it sounds a little trite and it sounds a little oh I thought defensive when I used to hear it. When I ran for a chair like this. But after you're sitting in here, you find it's really the only right thing you can do because there's no way to play a favorite in an issue like this. So I think everybody else will probably tell you the same thing. We'll look at it from both sides and we'll do what we think is in the best interest of the whole community. Sometimes you win and sometimes you lost and I've been on both sides. As a neighbor I've got things around me I'd rather just go away, but it's not going to happen and there's things I'd like to see be built. Nobody wants to do that either so. Mayor Mancino: We always say no to him. Councilman Engel: That's enough. Mayor Mancino: Thank you. Councilman Labatt: One of the speakers towards the end there said it best, is that we can't avoid change. It's always going to happen. But it's our job I think as a council to effectively manage that change and to mitigate the impact on those that are affected. Unfortunately those that are going to be affected are not only the neighbors but the church. But, this is obviously going to be a tough decision for us as a council. Somebody's not going to walk away happy. A couple of things that have come up tonight that I personally want to look at is the assisted living. What mechanisms are in place right now, and I'm aware of a place up in Osseo, I think it's called Steeple Chase. It used to be an old church that converted and retrofitted for an assisted living. Right on main street there. So it's been done. Ultimately, yeah I'd like to see it stay a church and have a church by it and everybody walks away happy. The issues and questions that are going to be raised that were brought up tonight by the residents... Mayor Mancino: Okay, thank you. I don't have too much more to add that you all have said. I would like to thank everyone that came tonight and spoke and didn't speak and just sat. I appreciated everyone being here. And listening to you and taking it all in. A couple things for staff that I have that I'd like to see in a couple weeks and that would be on May 24th, is that our next council meeting? Two weeks away on a Monday night. And please correct me if, I've been listening for a while. On the assisted living definition, is it generally thought of as being just for seniors or can assisted living be for, I mean did your suggestion staff of the assisted living, was it just for senior assisted living? Kate Aanenson: I didn't think we qualified that. 49 City Council Meeting - May 10, 1999 Mayor Mancino: Okay. I'd like to know when you do say assisted living, what all that means. What all that entails so just one having a definition of assisted living. Also I saw the, some of the design standards for the office was like 25,000 square feet and parking stalls, etc. There were specifics there. For assisted living I don't have a feeling of the size of the building for 60 units. I know the max is 500 square feet and the beds and the parking. Can you kind of show us a minimum, a max that you feel is respectful of the site for assisted living? What that would be and again a little more specific definition of it I think would be helpful and I think would also be helpful for the neighborhood too. And then I suppose at our next meeting we will come back on May 24th with a new staff report answering some of your questions and our questions and we'll have a discussion and make a decision at that time for rezoning. In the interim, in the next two weeks, please feel free, both church members, neighbors, on both sides, please feel free to e-mail, call, send us nice letters. I mean whatever contact that you would like to make with individual council members. This is your time to do that. Steve has asked can we get the real estate information reference, I'm sorry. Councilman Labatt: Mr. Sharke. Mayor Mancino: From Mr. Sharke to the property. Councilman Labatt: If you could turn those into maybe Scott and you could photocopy them for all of US. Mayor Mancino: Okay. And certainly anyone can come to the City Hall and speak to our Planning Director, Kate Aanenson or our City Manager, Scott Botcher about the plans and ask for questions, etc in this two week interim. So with that, thank you very much and may I have a motion please. Scott Botcher: Can I just one second? Mayor Mancino: Yes. Scott Botcher: I just had, and I don't know Kate if these questions go more to you or to representatives of the church or the neighborhood. I'll throw these out rhetorically. It's too late to want any answers at this point. And just Mayor, just so you understand the building footprint on assisted living has almost as much to do with the definition that's applied to it so depending on what you use with the building. If it's senior. If it's you know fully ambulatory individuals. Not fully ambulatory individuals. The type of ancillary services that have to be provided to those facilities really has as much to do with the footprints and the layout as anything else so what you will get in two weeks is probably going to be a guesstimate based upon an assumed definition. If the assumed definition changes, all bets are off and we punt. I mean that's just sort of how it's going to have to be because they do have distinctly different support services that need to be provided based upon again the uses. I'll go real fast. I have the distinct pleasure of having rezoned 40 acres for a church site for a 50,000 square foot church and have neighbors complain about the amount of impervious surface area. It's like a pimple on the middle ora planet. It was successfully rezoned. It is still not built. They paid a million bucks for that thing. That's alright. I also have the distinct pleasure of having just left a church in Wisconsin that went through the moving process. I've shared this with the council and it's just a different perspective on how to do things. Generally my experience with commercial properties and my own personal experience with my own church, which was a Lutheran church and it's the only times I've seen so many Lutherans sit in the front row was, communion follows right after. Was that the sale is contingent. We had to go through the rezoning process, the PUD process as a contingency to the sale. That's life. That's life in the big city. Church is SO City Council Meeting - May 10, 1999 part of the big city. We had to do it and part of my question is, and I know Kate and I will continue this discussion and representatives of the church, why that's different here. Why that is different now, because I think Mark said it very well. This is a gray area. I think the church adds such a high quality value to our community. Mark, I know you guys know that I have two little kids, 6 and 3. They're not yet in prison or anything so you know going to Sunday School's a big deal for them. They enjoy it and our refrigerator is covered with all sorts of you know finger paints and that sort of stuff. But you know it is your job to look out for the greater good of 20,000 people. Like it or not. So here's some of the questions that I have. Is the purchase offer written and accepted and available for review by city staff7. I assume that's written by Lutheran Brotherhood but I don't know that. I had the same thing on my list. I'd like to, I mean Kevin's testimony is the closest thing I've heard to expert testimony tonight insofar as valuation is concerned. I think that's important to make part of the record. Obviously you know persons who have opinions to the contrary have the same opportunity to provide expert testimony and also please submit it to Kate or myself. Have alternatives using the existing site been considered? I've not heard anyone really address the issue of if we were to add a second story, what financially that does. Is it possible? What that does to the site. I think, again I don't know if that's of value but, and maybe Kate that's been addressed, but I think that's another option that needs to be out there. When we have our staff meetings, and I'm not sure Kate who ought to be in there and I'll really just defer to you as to who all we're going to invite to our nice party. But should Lutheran Brotherhood, assuming they're the buyer and the bridge purchaser, should they be at the table? Who else, and again I don't want answers to these questions in public because some of them are proprietary candidly. Who else besides Lutheran Brotherhood did you guys talk to? Did you talk to AL? Did you talk to anybody else? What would they do? Lutheran Brotherhood's tradition is to be probably less flexible than others in some of these areas now and I understand because I was involved with some of the same things that some of you guys were. How the heck do you finance a church? It's tough. It's really tough. You make the offering plates a little bit deeper and that's the only thing I could come up with. Finally again the assisted living thing I think is important. It does make generally a good transitory zone between the two parties. I generally support the assisted living but I think the definitional issues need to be addressed. Our church was converted to a residential assisted living for early term Alzheimer patients. And it was a fantastic use. The support services were somewhat limited and after the initial outcry, and we only had it from a couple people. We don't want those kind of people in our neighborhood. You ask them today, they wouldn't give it up. Quite candidly, they would not give them up. They're a valued part of the neighborhood and I think the operators of the assisted living facility, and we told them up front, needed to make an effort to assimilate these individuals into the neighborhood. Take them into the neighborhood. Take them around and meet the neighbors. They're people just like anybody else and so whatever goes there, I think the city has an opportunity here to really make some positive recommendations on how to make this work for everybody. Because you're right Mark, this is not a win/win. We're just going to try to make the best deal we can for the city. So those are my rhetorical questions and honestly, when you, please call. Please call or e-mail myself or Kate and we'll talk to anybody. That's it. Mayor Mancino: Okay, thank you. And their numbers are 93%1900, extension 112. Extension 118. So with that, did we have a motion and did we vote? Scott Botcher: One more thing, I'm sorry to do this to you. Mayor Mancino: Okay. Scott Botcher: From the church people and from Roger, and this is. Mayor Mancino: Nobody can leave until the motion is done. No. 51 City Council Meeting - May 10, 1999 Scott Botcher: On the definitional thing, the only thing on this list that's scary and I think Linda you found this. Parochial schools have a substantial and much different impact on neighborhoods than anything else on this list, both in terms of traffic, lighting, utility and all that sort of stuff. We need to as a staff really make sure whether or not school's a part of church or not because they are a different duck. So I guess that's a question that you can answer tomorrow in the morning when I'm walking through the hallway half asleep. Councilman Senn: I move to table. Councilman Engel: Second. Councilman Senn moved, Councilman Engel seconded to table the request for an amendment to the Hidden Valley PUD to allow church facilities, assisted living facilities or offices as permitted uses. All voted in favor and the motion carried unanimously. ADMINISTRATIVE PRESENTATIONS: LEWIS ENGINEERING NOISE STUDY UPDATE. Cindy Kirchoff: Thank you. I'd just like to provide a short history on this issue. Approximately about a year and a half staff had been given...Lewis Engineering. An industrial facility located in the city of Chaska. Staff has been working with David Braslau of Braslau and Associates...few occasions and did provide us with some options for controlling the noise. However, staffhas been requested by a neighbor in Trotter's Ridge that a noise reading...so we did contact Mr. Braslau and there was a significant charge for the service so we did contact...to rent a dosimeter and have staff measure the noise and the MPCA would download the data and... We would like to do this sometime next week and we are just updating the council on this issue. So if you have any other questions, I'd be happy to answer them. Thank you. Kate Aanenson: Can I just add one thing too. The reason that we put this on originally is Mr. Braslau charges, as you recall when we originally came before you...the city covered that cost. Originally we thought it was going to be approximately $4,000.00 to measure for a week. What we found out is there's two different ways to measure the noise and the way it was done previously by Mr. Braslau...infrequently over a 24 hour period. The intent was to leave it out there. We tried not to incur that expense and... It's still an ongoing issue but we are going to try to measure. Now the most we can get it is for two days. We've asked the neighbors to try to figure out, if they've...days would probably be best to measure and we'll... The one concem we do have is that this piece that we're borrowing from MPCA is measuring.., measuring at the right frequency and that we need the right data. Or the best data that we can because when it was measured before it wasn't...they were just doing periodic. We're trying to do for, at a minimum 48 hours so. Mayor Mancino: And what do we do with this information? Do we give it to Mr. Braslau? Kate Aanenson: ...noise ordinance. Then we've got reason to charge them. Violated noise ordinance. Up to now we haven't been. Scott Botcher: Aren't they in Chaska? Is this the same one? How can we charge them if they're in Chaska? Kate Aanenson: Turn it over to Chaska to cite them. They can... 52 8001 Hidden Court Chanhassen, MN 55317 June 22, 1999 Mayor Nancy Mancino 6990 City Center Drive Chanhassen, MN 55317 RE: Assisted Living Zoning Use for 275 Lake Drive East Dear Mayor Mancino: Thank you for meeting with us to hear our views regarding the rezoning requested by Family of Christ Lutheran Church, 275 Lake Drive East. This letter is in response to your question regarding our views on Assisted Living. Because we learned very little about Assisted Living from the applicant, we have done our own research, which is summarized in the attached report. We hope that you and the Council fred this information helpful in your deliberations. We appreciate your desire to £md a fair resolution of this matter that is in the best interest of the City as a whole. This is important since this case will set a precedent for others. For example, Holy Cross Lutheran Church is also located in a residential zone and could conceivably seek to rezone following this example. We don't oppose change so long as we can determine that it is positive for our neighborhood. Thank you for your patience as we seek to educate ourselves on this issue. Sincerely, Susan and Douglas McCarthy ellClO sures cc: City Manager and Planning Director Report on Assisted Living Facilities Prepared by Douglas and Susan McCarthy The information compiled below was provided by representatives of the State Department of Health, the Minnesota Health and Housing Alliance (the Assisted £iving industry trade group), an architect who designs Assisted Living facilities, and several nearby Assisted Living facilities that we visited, including the adaptive reuse ora church in Osseo mentioned at the May 10tn City Council meeting. Definition. According to the Minnesota Health and Housing Alliance, the concept of Assisted Living has been intentionally loosely del'reed in order to allow for a wide range of options. In Minnesota Assisted Living facilities must be registered (but not licensed) under the legal category "Homing with Services Establishments." This umbrella term may include apartments with kitchens, boarding and lodging rooms (sometimes but not always with kitchenette and private bath), or adult foster care units, which provide or arrange for support services and/or home health care for residents so that they can live with dignity. Occupants. Under State law, at least 80% of residents must be aged 55 or older (thus 20% of the units could potentially be used for other uses with non-elderly residents). Federal housing law allows facilities to require all (100%) residents to be aged 62 or older, which would seem prudent to require in this case. Home Care Services. Assisted Living facilities may contract with a home health care agency, or the facility itself may be licensed as a Home Care provider. A "Class A" license allows any type of service to be provided anywhere in the community. This is of concern in a neighborhood setting if a facility were used as a base of operations. A new Assisted Living Home Care license allows services to be provided only within the specified facility; this would seem the most appropriate type of license for a neighborhood setting. Ambulance services are sometimes needed to transport residents to receive more intensive care. Market Need. Due to concerns that Assisted Living is becoming overbuilt in some areas, the MHH recommends that a market feasibility study be conducted before any new Assisted Living facility is built. The City of Brooklyn Park recently imposed a moratorium on any new Assisted Living facilities until such an analysis can be undertaken in that community. According to the State Department of Health interact web site, there are currently four facilities registered in Chaska (3 with common name), two in Watertown, one in Waconia, three in Eden Prarie, one in Excelsior, and five in Minnetonka. Location. According to several sources, an important consideration for locating an Assisted Living facility is accessibility to transportation and to local services: banks, shopping, health care, etc. While some facilities offer some services on-site, ambulatory residents ideally should be able to wall to a City's nearby services. While the footbridge would offer some access, it is a long distance to downtown and it is likely that many residents would be unable to make use of it for that purpose. Perhaps the best location for an Assisted Living facility in Chanhassen is the city-owned property near the City Hall. Size and Scope. According to several sources, the size as well as the number of units is an important consideration in the overall "feel" of a facility. Some national chains tend to build facilities with smaller units (e.g., 250 S.F.) with shared bathrooms that creates a nursing home like environment which may not be consistent with common expectations of Assisted Living in a neighborhood setting. One facility with units this small reports that they often go vacant. For reference, HUD requires a minimum of 510 S.F. for a one-bedroom apartment (however, some Assisted Living units may be studio designs). The number of units proposed for 275 Lake Drive East is 60 units at a maximum of 500 S.F. per unit. When common areas (dining hall, etc.) are added this could mean a total building size of 40-50,000 S.F. (assuming a ratio of 25%-40% common space that is typical according to the architect we contacted). The current Church is about 7,000 S.F. and their master plan envisioned 25,000 S.F. for total expansion build-out as appropriate for this site. Thus, the proposed total area seems too large for this site. Report on Assisted Living Facilities, Page 2 Visits to local Assisted Living facilities showed a wide range of designs and architectural styles. Most of the facilities were located near business districts or other institutions and none were located directly in a residential neighborhood, although a few had housing nearby. We were struck by the large size of these buildings in relationship to residential housing, since they all had roughly similar numbers of units as being proposed for 275 Lake Drive East. Several of the facilities we viewed were three stories high which seemed too imposing for a residential neighborhood. Conclusions. Assisted Living is not a well-def'med concept in general and even more so in this particular case since there is no specific proposed development at this time. Moreover, our view of other Assisted Living facilities indicates that the total size of the proposed Assisted Living use is too large for this site. If it is demonstrated that additional land is needed for Assisted Living in Chanhassen and that this site is the most suitable location, then we believe several conditions should be required to ensure that any eventual Assisted Living development is compatible with the neighborhood (as summarized below). These conditions would ensure neighborhood proportionality and design including a maximum square footage, residential roofline and building height, both a minimum and maximum unit size, appropriate setback and landscape screening. To the degree that these conditions require an actual development proposal and site plan review, then it may be appropriate for the rezoning to take place at that time. Summary of Proposed Conditions for an Assisted Living Use at 275 Lake Drive East (Supplemental to Those in the Application for Rezoning) ~ Permitted Use · "Housing with Services Establishment" with unit size of 350 to 500 S.F. and private bath · Any home care license obtained by the facility shall be "Assisted Living Home Care" · All occupants shall be age 62 years and older Neighborhood proportionality and architecture · Size -- not to exceed 25,000 square foot total area · Height -- not to exceed 2 stories and 40 feet maximum (residential roofline limit) · Design and Roofline -- residential in character · Appropriate setbacks -- at least 50' on all sides facing housing · Landscape buffering on all sides facing housing shall obtain at least 80% year-round screening opacity and at density to prevent viewing down into adjoining property from the site Other conditions · No access off of Hidden Court · Adaptive reuse of existing building · Market feasibility study conducted by an independent entity selected in coo shall show evidence of market need prior to site plan approval ~eration with the City O~r 1<. 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