7 Interim Use Permit/The Life
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CITY OF
CHANHASSEH
PC DATE: December 5, 2000
CC DATE: December 11, 2000
REVIEW DEADLINE: 12130/01
CASE #: 00-3 !UP
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STAFF REPORT
PROPOSAL:
Interim Use Permit for "The Life" Church to occupy 20,700 Square Feet of
an Office Warehouse Building.
Lot 1, Block 1, Chanhassen Lakes Business Park 8th Addition, west of
Mallory Court and north of Lake Drive West,
LOCATION:
APPLICANT:
Andreas Development
7525 Mitchell Road
Suite 110
Eden Prairie, MN 55344
(952)934-7800
PRESENT ZONING: lOP, Industrial Office Park
ACREAGE: 3.28 acres DENSITY: NA
2020 LAND USE PLAN: Office Industrial
SUMMARY OF REQUEST: The applicant is requesting an interim use permit for a church
to occupy 20,700 square feet of an office warehouse building that has a total area of 43,000 square
feet. The use is proposed to continue for five years. Notice of this public hearing has been mailed
to all property owners within 500 feet.
LEVEL OF DISCRETION IN DECISION-MAKING: The City has limited discretion in
approving or denying interim use permits, based on whether or not the proposal meets the interim
use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable
interim use permit standards are met, the permit must be approved. This is a quasi-judicial
decision. . '
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The Life
January 5, 2000
Page 2
APPI,ICARI.F. RRr.m,ATIONS
Section 20-816, Interim use in lOP, (1) churches
Section 20-232, Interim use permit
Section 20-381 through 20-384, Interim use permit
RACKr.ROITND
On February 14, 2000, the City Council approved site plan 2000-1 for a 43,000 square foot office
warehouse building to be located on Lot 1, Block 1, Chanhassen Lakes Business Park 8th
Addition, as shown on the plans dated received December 17, 1999, subject to conditions.
PROPOSAl. SITMMARV
The applicant is requesting an interim use permit for "The Life" church to occupy the easterly half
of a 43,000 square foot office warehouse building. The church has a five year lease on the
property.
The office _ warehouse building is located on Lot 1, Block 1, Chanhassen Lakes Business Park
8th Addition. The site is zoned lOP, Industrial Office Park. A church is an interim use in the lOP
District. The site is bordered by Lake Drive West to the south and Mallory Court to the east.
Access to the site is gained via a driveway off of Mallory Court. The lot area of the church site
and office building is 3.28 acres. The proposed area of the church and their offices is 20,700
square feet. The church's administrative office space is 5,175 square feet of the leased space.
At the present time, church services are conducted at Jonathan Elementary School in Chaska,
while its offices are located in Eden Prairie. The church wishes to join together the worship
services and the executive offices.
Weekly worship services include Sunday Morning at 9:00 A.M., and Wednesday Evening at 7:00
P.M. Day to day activities include Executive office operation, Moonlilly Production (an editing
suite for video production), North Rim Design (a graphic arts design), forecast productions (drama
rehearsal and video production), and church related activities. All the requested uses are
permitted in the Office Industrial Park District (lOP), with the exception ofthe church, which
requires an interim use permit.
The existing parking lot contains 107 parking spaces. Access is gained via Mallory Court. The
city's parking ordinance requires 4.5 parking stalls per 1,000 square feet of office (23 stalls for
5,175 square feet of office space). These are the stalls that will be used on daily bases during
business hours and will compete against other users in the building. The remaining 15,525
The Life
January 5, 2000
Page 3
square feet will be used on Wednesday evenings and Sunday mornings only, times at which the
remainder of the building will generally be vacant. This is the portion of the building directly
associated with the worship service (classrooms, toddler room, coffee room, sanctuary, etc.) and
should not compete with the rest of the building. The ordinance requires churches to provide I
stall per three seats, based on the design capacity of the main seating area, plus on space per
classroom. The proposal calls for 237 seats and two classrooms, which translated to 81 stalls.
There is sufficient parking provided on the site to accommodate the use.
In summary, with the incorporation of staff recommendations, the proposed interim use permit
meets ordinance requirements, and staff is recommending approval with conditions outlined in the
staff report.
INTRRIM ITSR PRRMIT
Churches are permitted in the lOP District as an interim use. The ordinance provides that interim
use permits are reviewed under the general issuance standards established for conditional use
permits, Section 20-232, of the ordinance. The following constitutes a compilation of the general
issuance standards and stafJ's findings for each.
GENERAL ISSUANCE STANDARDS
1. Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare ofthe neighborhood or city.
FINDINr. - The site is zoned lOP. The proposed use is intended for a maximum of 5
years. "The Life" wishes to find their own site over the next five years and create
a campus setting. The worship services, are proposed to be conducted on
evenings during the weekdays and mornings during the weekends, The parking
requirement for the worship service is (one stall per three seats, based on the
design capacity of the main seating area, plus on space per classroom) which
translates to 81 parking stalls. The site has 107 parking stalls, The worship
service attendees will occupy the parking spaces during off peak hours, which will
be compatible with the existing use on the property. It will have minimum impact
on the adjoining properties. It will not be detrimental to the public health, safety,
comfort, or general welfare of the city.
2. Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
FINDINr. - The proposed use is consistent with the City Comprehensive Plan. The city
approved a site plan for the site without variances and found that it is in
compliance with the zoning ordinance requirements.
The Life
January 5, 2000
Page 4
3. Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area.
FINDINr. _ The site is located north of a collector road. It is in the industrial district.
The weekly worship services will be conducted during off peek hours for an office
building, Architectural standards required by the site plan requirements are being
adhered to.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
FINDINr. - There will be no measurable impacts to the existing or planned
neighboring uses.
5. Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
FINDINr. _ Full city services are available to this site. Roads serving the site are fully
capable of handling the access needs of this proposal.
6. Will not create excessive requirements for public facilities and services and will not
be detrimental to the economic welfare of the community.
FINDINr. _ Staff is not aware of any excessive requirements for public facilities.
7. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents,
or trash.
FINDINr. - This site will not create adverse impacts to persons, property or the general
welfare of the area. Hours of operation for the worship service are ideal in such
location. The service is conducted at 9:00 am on Sunday and 7:00 pm on
Wednesday. Office building parking lots are typically vacant during these times,
The use is compatible with the area.
8. Will have vehicular approaches to the property, which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
The Life
January 5, 2000
Page 5
FINDINr. - The site is accessible from a collector street designed to commercial
standards.
9. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
FINnINr. - The development of this site will not result in the loss of any features of
major significance.
10. Will be aesthetically compatible with the area.
FINDINr. - The building and the site plan are well designed. They are aesthetically
compatible with the area.
11. Will not depreciate surrounding property values.
FINDINr. - The site is being used for a worship service during off peak hours. It will
not depreciate surrounding property values,
12. Will meet standards prescribed for certain uses as provided in this article.
a. The site shall be located on a collector or arterial roadway as identified in the
comprehensive plan or located so that access can be provided without
conducting traffic through residential concentration.
FINDINr. - The site is located on Lake Drive West, which, is identified, in the
comprehensive plan as a collector street.
b. The structure must be set back fifty (50) feet from all property lines.
FINDINr. - The building is setback approximately 100 feet ITom Lake Drive West and
Mallory Court.
c. Parking areas shall be set back twenty-five (25) feet from streets and
nonresidential property and thirty (30) feet.
FINnINr. - Parking maintains a 30 foot setback along public right-of-way. The site
does not abut a residential site,
d. No more than seventy (70) percent of the site is to be covered with impervious
surface and the remainder is to be suitably landscaped in conformance with
The Life
January 5, 2000
Page 6
article XXV.
FINDINr. _ The site maintains 65% hard surface coverage and the landscaping of the
site conforms with the ordinance requirements,
Based upon the foregoing findings, staff is recommending that the interim use permit be
approved with appropriate conditions.
PI.A NNINr. COMMISSION IJPDA TR
The Planning Commission reviewed this item on December 5, 2000, and unanimously
recommended approval of the interim use permit with a minor change to condition #4 by not
limiting the services to just mornings on the weekends,
RF,COMMFNDA TION
'The City Council approves Interim Use Permit # 00-3 to allow a church in an lOP District, for
"The Life", to be located on Lot 1, Block 1, Chanhassen Lakes Business Park 8th Addition, and
occupy 20,700 square feet, as shown on the plans dated received November 1, 2000, subject to
the following conditions:
1. The applicant shall enter into an interim use permit agreement with the city.
2. Compliance with conditions of site plan and plat approval.
3. There shall be no outdoor storage of any equipment associated with the church or the
auxiliary uses associated with the church.
4. Worship services shall be limited to evenings during the week and UlV..,;U¡';> du.<;u¡,; fl."
weekends.
5. The Interim Use Permit shall expire in 5 years fÌom the date approved by the City Council.
6, Plans must be submitted to the Inspections Division for review and building permit approval.
7. Meet with Fire Prevention Division for Fire Code requirements,
8. At any time if issues of parking arise, e.g., parking in public right-of-way, conflicts with other
site users, the City will reevaluate this application."
ATTArHMFNTS
1. Application & Notice of Public Hearing and mailing list.
2. Reduced Plans dated received November 1, 2000.
g:\plan\sa\chanhassen lakes business park\The Life.doc
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CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
APPUCANT: ~ AritJ.rMS{Ø;eJ~WNER: ArriJ>e¡¡s DeveJoprneJ1:T
ADDRESS: 1525 rn i~ Rd. ~IIO ADDRESS: '152.5" rhr±cht:.u f<d~\IC
8den 'Vr-aine ) ~I'I E:63lJ.Ý' Eden PrtiLr-Ië, ()"LN s;aµ
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1E1.EPHONE(Daytime).f{S'2-q3L\--¡€:DD TELEPHONE: QS'2- q34-1~oO
_ Comprehensive Plan Amendment _ Temporary Sales Permn
- Conditional Use Permn _ Vacation of ROWÆasements
.
K Interim Use Permit ~.cÞ _ Variance
_ Non-conforming Use Permn - Wetland Alteration Permit
,
_ Planned Unit Development· _ Zoning Appeal
_ Rezoning _ Zoning Ordinance Amendment
_ Sign Permits
_ Sign Plan Review _ Notification Sign
- Site Plan Review" ..lL Esc~tr Filing Fees/Attomey Cost··
$5 CUP/SPRlVACNARlWAPlMetes
nd Bounds, $400 Minor SUB)
- Subdivision· TOTAL FEE $ ¿16/J , t>D
A fist of all property owners within 500 feet of the boundaries of the property must be Included with the
application.
BuildIng material samples must be submitted with site plan reviews.
'"Twenty-six full size folded copies of the plans must be submitted, including an 8'12" X 11" reduced copy of
tmnsparency for each plan sheet.
- Escrow will be required for other applications through the development contract
ND1E - When multiple applications ~re processed, the appropriate fee shall be charged for each application.
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\IE11J\NDS PRESENT
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YES
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>RESENT ZONING
3EOUESTED ZONING "ðCU,^-º-
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3EOUESTED LAND USE DESIGNATION '7:, D.J,,,,- P -
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>RESENTLAND USE DESIGNATION
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-his appflcation must be completed in full and be typewritten or clearly printed and must be accompanied by all information
\nd plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning
)epartment to determine the specific ordinance and procedural requirements applicable to your application.
\ determination 01 completeness of the application shall be made within ten business days of application submittal. A written
IOtice of application deficiencies shall be mailed to the applicant within ten business days of application.
ñis is to certify that I am making application for the described action by the City and that I am responsible for complying with
\11 City requirements with regard to this request. This application should be processed in my name and I am the party whom
he City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
;Opyof Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make
his application and the fee owner has also signed this application.
wil11<eep myse1f informed of the deadlines for submission of material and the progress of this application. I further
1nderstand that additional fees may be charged for consuiting fees, feasibility studies, etc. with an estimate prior to any
luthorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
ny knowledge.
ñe city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
equirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
..xtension for development review. Development review shall be completed within 120 days unless additional review
!xtensions are approved by the applicant.
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Signature of Fee Owner
flppncalion Received on
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Date
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Date
Fee Paid
Receipt No.
fhe app1icant 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.
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NonCE OF PUBLIC HEARING
PLANNING COMMISSION MEETING
TUESDAY, DECEMBER 5, 2000 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL: Interim U.. Ptmnlt
for. chwdl In _
0l'il_ ........... bull"nø
APPUCANT: An.... Development
LOCATION: 817...110 Mallory Court
NOTICE: You are Invited to attend a public hearing about a proposal In your area. The applicant,
Andreas Development, is requesting an Interim use permit to allow a church to be located In an
oIfIcaIwarehouse buUdlng located at 817G-8190 Maflory Court.
What Happens at the MeatIng: The purpose of this public hearing is to Inform you about the developer's
request and to obtain Input from the neighborhood about this project. During the meeting, the Chair will lead
the public hearing through the following steps:
1. Staff wII give an overview of the proposed project.
2. The Developer will present plans on the project.
3. Comments are received from the public.
4. Public hearing is dosed and the Commission discusses project.
Questions a1d Comments: If you want to see the plans before the meeting, please stop by City Hall during
ofIice hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Sharmin at 937-1900 ext. 120. If you choose to submit written commenls, It is helpful to have one
copy to the department In advance of the meeting. Staff will provide copies to the Commission.
NotIce of this public hearing has been published in the Chanhassen VIllager on November 23, 2000.
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INEAPOLIS MN 55435
ΠREAL TV LIMITED PTRSHP
) UTICA AVE S STE 120
"OUIS PARK MN 55416
( E JOHNSON
)0 HAMPSHIRE AVE S
)OMINGTON MN 55438
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SCOTT BOTCHER
CITY CENTE PO BOX 14
\NH MN 55317
liARD A PAULS
7 TOP OF THE WORLD
,T LAKE CITY UT 84121
ROI LLC
75 VALLEY VIEW RD
òN PRAIRIE MN 55344
YT/DTLK LLC
3RD ST S
,NEAPOLlS
SUITE 108
MN 55415
T ALINK CORP
3 WASHINGTON AVE S
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òVEN ROBERT SHIPLEY
L LOUISE SHIPLEY LLC
EASTWOOD CT
ANHASSEN MN 55317
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ANHASSEN MN 55317
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ANDREAS DEVELOPMENT CO LLC
7525 MITCHELL RD SUITE 110
EDEN PRAIRIE MN 55347
TRADEN LLC
C/O MARK UN
1711 L W
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1711 WEST LAKE DR
CHANHASSEN MN 553 I 7
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The Life
hatily Mini.tries L_ 3 Texas non-profd oreanizalion IhIt WlS chBt1~ June
1994. In 1997 offICe' w~ rclOClllcd in Minneapolis and rCSØtered under IIx: name of
Kevin Delp Mini!ltrio:.. In Januifll"y 1998 a church called The LIFE WII3 CJUlbli,hccllO
houw thl minIStry.
I'rcSClltly, cmh service. life coadu.led at JOIIatbln EklJlCnlaly School in
Clwka, MN while Um".... of The /,ife arc located al 9949 Valley View Road in F.do:n
Prairie, MN The pwpo~ or oùr pürI\IMI oflhe Cha",,"_n Ioeation .. 10 jou. loaethor
lhe wolÙip :oervkc. and \he executive offices,
Presently oW' wcckJy worship :ilCl'lice. incllldo:;
Sunday MomiDg at 9;00 "'...J
W.esday ElIC:I1i..¡¡ al 7:00 PM
Day to day activities include;
Executive offICe op''''lion
Moonhlly Productions· Edirin¡: suite for _icleo produclion
North Rjm Design· Graphiç aru dcsÌ@ß
Fa_ast Produc:ti<\n. - Drom¡¡ r,heur..1 and vide" production
Church Relat~'n, activit;..
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Planning Commission Meeting - December 5, 2000
PUBLIC HEARING:
REOUEST FOR AN INTERIM USE PERMIT TO ALLOW A CHURCH TO BE LOCATED IN
AN OFFICE/WAREHOUSE BUILDING LOCATED AT 8170-8190 MALLORY COURT.
ANDREAS DEVELOPMENT.
Bob Generous presented the staff report on this item.
Burton: Any questions for staff?
Blackowiak: Mr. Chair, I have two quick questions, Bob, parking, Are you happy with the day to day
traffic parking requirements? I realize they're taking almost half the building so I'm assuming what's
there will suffice but.
Generous: ...their peak hour usage is complimentary to the other uses...
Blackowiak: For the worship services but for the other uses, they sound like they're fairly 9:00 to 5:00. I
mean I could be wrong but.
Generous: Yeah. It's a minimal part oftheir actual occupancy.
Blackowiak: Okay. It just, there was a fairly long list. Ijust wanted to make sure you're okay with that.
And secondly, the applicant is, I'm assuming okay with the limit to worship services evenings and
weekends?
Michelle Underdahl: Yes.
Blackowiak: Okay, thank you. Alright, those are my questions,
Burton: Any other questions? Go ahead.
Sacchet: Yeah Mr. Chair, I have two questions. For staff. One thing that I kind offound interesting is
that in the administrative area, which by my account accommodates something in the neighborhood of 20
people, if they're all there. There's only one men's room and one women's room. One stall each, I
mean there's a lot of bathrooms with the sanctuary which is way on the other side so I wonder, does that
fulfill the requirements to have one for each sex? I mean that sounds like a little small for 20 people
office. I don't know, I really don't know. It's a question.
Aanenson: It has to go through plan check so I'll leave it up to the inspector.
Sacchet: Okay. And then the other question is, in the condition you stated that their worships would be
restricted to evenings and weekend mornings. Is there a reason why we wouldn't want to let them have
worship service on a Sunday afternoon, if that's what they want to do?
Generous: No.
Sacchet: Okay, So anytime weekends or.
Generous: The only prohibition we'd want is not during the weekday mornings.
Sacchet: Weekday during the day, okay. That's my questions,
Burton: Okay, any other questions? Would the applicant or their designee like to address the Planning
Commission?
Michelle Underdahl: No, Our goal is to..,
Burton: If you're going to talk, you've got to go to the podium. And please state your name and address,
Michelle Underdahl: My name is Michelle Underdahl and I'm with Andreas Development Company.
Our office address is 7525 Mitchell Road in Eden Prairie, Suite 110. And there's really nothing for me
to say other than we feel this is a good use for us, Our building pad's been vacant for a couple of months
now and we think this would be appropriate for the area and the parking is just, is enough to
accommodate them and as 1 said before, the hours are complimentary to that neighborhood so we don't
feel we'll be causing additional traffic issues.
Burton: Okay. Go ahead. Have you got a question?
Sacchet: Yeah, I have a question for the applicant I'm kind of curious, I mean this is a request for an
Interim Use Permit for 5 years, You're saying they have a 5 year lease, What's going to happen after 5
years?
Michelle Underdahl: We hope to find another tenant, The church group is looking for a permanent
home. A home where they can build their church facility, More of a campus setting, So our goal would
be as a developer, of course to build them that church, Keep them as long as we can, which would be the
5 years, and in the meantime find another tenant.
Sacchet: Thank you.
Burton: Any other questions for the applicant? Okay, thank you, Motion for a public hearing,
Blackowiak moved, Kind seconded to open the public hearing. The public hearing was opened.
Burton: Anybody like to address the Planning Commission on this matter? If so, please approach the
podium. Going once. Motion to close.
Sacchet moved, Conrad seconded to close the public hearing. The public hearing was closed.
Burton: Comments? Deb do you want to?
Kind: I think the proposal seems very reasonable. I agree with the staff report, I like UIi' s idea of
clarifYing the worship times by just saying, shall be limited to evenings during the week and weekends.
Something like that but I think it's a good use and a good interim use.
Burton: Okay. Any other comments? Then if somebody would like to make a motion?
Kind: Mr. Chair, I'll make the motion the Planning Commission recommends approval ofInterim Use
Permit 00-3 to allow a church in an lOP District for the "The Life" to be located on Lot I, Block I,
Chanhassen Lakes Business Park 8th Addition and occupy 20,700 square feet as shown on the plans dated
Received November 1,2000, subject to the following conditions I through 8, with number 4 being re-
worded to say worship services shall be limited to evenings during the week and weekends.
Conrad: Second.
Kind moved, Conrad seconded that the Planning Commission recommends approval ofInterim
Use Permit #00-3 to allow a chnrch in an lOP District for "The Life", to be located on Lot 1, Block
1, Chanhassen Lakes Business Park 8th Addition, and occupy 20,700 square feet as shown on plans
dated Received November 1, 2000, subject to the following conditions:
1. The applicant shall enter into an interim use permit agreement with the City.
2. Compliance with conditions of site plan and plat approval.
3. There shall be no outdoor storage of any equipment associated with the church or the auxiliary
uses associated with the church,
4. Worship services shall be limited to evenings during the week and weekends,
5. The Interim Use Permit shall expire in 5 years trom the date approved by the City Council.
6. Plans must be submitted to the Inspections Division for review and building permit approval.
7. Meet with Fire Prevention Division for Fire Code requirements,
8. At any time if issues of parking arise, e.g, parking in public right-of-way, conflicts with other site
users, the City will re-evaluate this application.
AU voted in favor and the motion carried unanimously.
Burton: Okay, it passes and goes to City Council for their next meeting I assume?
Aanenson: Yes. It's going December 11th.
Generous: Quick turn around.