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HomeMy WebLinkAbout2008-04-22 CC Meeting Packet Enclosure - Interim UseAgenda Placement New lsiness ( ( Requester's Signature . 1, Planning Report 4/2/08 3. Proposed City Council Resolution. Oak Park Heights Request for Council Action Originating De artnent /Re uestor Johns City Administrator - 7 1 S' it/ Action Requested _...._...D i scussi and possible action, see below Please see the attached from Mr. Scott Richards, City Planning Consultant Meeting Date Aril 22 2008 Time Required: 5 Minutes Agenda Item Title: Interim Use Permit St. Croix Preparatory Academy -�- 14781 59 Street N.. Background /Justification (Please indicate if any previous action has been taken or if other public bodies have advised): 2 Planning Commission Resolution (Unsigned) (attachments can be found in the April Planning Packet) Page 55 of 82 RE: FILE NO: BACKGROUND Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 F a c s i m i l e : 762 .231 .2561 planners ©nacpla nning. cam PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: April 2, 2008 Oak Park Heights — St. Croix Preparatory Academy Interim Use Permit, 14781 59th Street North 798.02 — 08.02 Friends of St. Croix Preparatory Academy have made application for an interim use permit to allow the kindergarten through fifth grade classes to occupy a portion of the former Herberger's space at 14781 59 Street North for at least one school year. St. Croix Preparatory is currently in the process of constructing a new school facility in Baytown Township that will not be ready until Fall of 2009. The school would occupy the former retail space during the 2008/2009 school year. The Andersen office building, that includes the former Herberger's, is zoned B-2, General Business District. Section 401.30.0 of the Zoning Ordinance provides for interim uses in the B -2 District, but currently none are listed. The Zoning Ordinance will need to be amended to allow school facilities as an interim use. The City will advertise a public hearing for a Zoning Ordinance change to allow this interim use in the B -2 District. A separate planning report addresses the Zoning Ordinance change and the language to be added to the B -2 District to allow schools as interim uses. Site Plan and Traffic Plan Project Narrative Signage Plan Page 56 of 82 PROPOSED PROJECT st. Croix Preparatory Academy is a public charter school that is currently located in Stillwater. The school population is now 445 students in grades K -19. The school is currently in several buildings in downtown Stillwater and is currently working toward the construction of a permanent facility in Baytown Township by August 1 , 2009. I n the interim, the school seeks to relocate the K-5 program to the larger space at the former Herberger's during the 2008 -2009 school year. It is expected that the school will occupy up to 30,000 square feet of the former retail space. The enrollment and faculty occupying the proposed space in Oak Park Heights will include: O Approximately 450 students in grades K -5. O Approximately 21 faculty members. O Approximately 12 educational assistants (one for each classroom in grades K-3). O Approximately 3 administrative staff. The St. Croix Preparatory school day begins at 9:00 AM and ends at 3:25 PM. Key traffic times are 8:30 to 9:00 AM and 3 :15 to 3:30 PM. In the morning, approximately 10 buses will drop off students. The buses arrive at different intervals over the 30 minute period from 8:30 to 9 :00 AM. In the afternoon, St. Croix Prep students are shuttled to another site for logistical purposes, so there will only be three to four buses at the site at 3:30 PM. Based on current traffic numbers, it is estimated that 30 to 40 percent of the students will arrive via parent drop -off, or approximately 75-100 cars. Most families have two children at the school or carpool. The number of students and faculty under consideration for this site is equal to the number of students and faculty currently in downtown Stillwater, There have been few congestion difficulties in downtown Stillwater. It is anticipated the traffic flow to be much more manageable at this Oak Park Heights site. ISSUES ANALYSIS Comprehensive Plan. The Land Use Map of the Comprehensive Plan designates this property and area as commercial. White retail, office and service land uses are permitted in this area, the specific zoning district may allow public or school uses in a commercial area. Zoning. The subject property is zoned B -2, General Business District. As indicated, Section 401.30.0 of the Zoning Ordinance would need to be amended to provide for school facilities as an interim use. The City can put conditions on the approval of an interim use such as limiting the overall time of operation. The Zoning Ordinance amendment is discussed in a separate planning report. The proposed conditions added to the amendment are found in that report, as well as reviewed below. The City Council 2 Page 57 of 82 will need to approve the Zoning Ordinance amendment prior to approving the interim use permit for St. Croix Preparatory Academy. Parking. The Zoning Ordinance requires one space for each classroom plus one space for every 50 students for schools. St. Croix Preparatory will have a total of 20 classrooms requiring 20 parking spaces. The school is expected to have a total of 450 students, requiring an additional nine parking spaces, for a total parking requirement of 29 spaces. The Herberger's store had adequate parking under the retail standard. In total, the Herberger's and lower retail level required 337 parking spaces, based upon the retail requirements. The site will easily accommodate the limited parking required by a school facility. All of the students are in elementary school and do not drive. Signage. St, Croix Preparatory Academy plans to move an existing 56 square foot sign from their existing facility in Stillwater. The sign plan indicates the proposed location of the new sign in the front of the building. The sign is well within the sign allowance of the Zoning Ordinance. Traffic. The site plan indicates proposed traffic flows for parent and bus drop-off at the front of the building. The plan also indicates staff and general school parking. Staff has reviewed the traffic plan and the numbers of buses and parent drop -offs, There should be no issues with traffic flow into and around the school facility, The City Engineer shall review and approve the traffic plan for the school, Playground. St. Croix Preparatory is proposing to use a portion of the south parking lot for a playground. The existing paved surface shall remain. The school will use movable fencing to block off the south and east sides of the playground. A retaining wall exists on the west side of the playground area and building is to the north. The applicant shall provide an example of the temporary fencing material to be approved by City staff. Building Code. Alt Building /Fire Code requirements for school facilities will need to be met with the remodel of the retail space. The Building Official shall approve all building permits for the remodeling. Interim Use Permit Conditions. If amended, Section 401.30.C, within the B-2, General Business District, would require compliance with the following conditions: 1. Private and public preschool, elementary, junior or senior high schools for a time period not to exceed two (2) years provided that: The school would be limited to occupancy of the space at 14781 59 Street North for a period not to exceed two years from City Council approval of the interim use. a. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 401.15.E. of this Ordinance. 3 Page 58 of 82 The playground area would be screened by movable wood fencing, and the existing building and retaining wall. The exterior of the building will not be altered except for the addition of a wall sign on the front (north) fagade. b Adequate off-street parking and access is provided on the site or on lots directly abutting across a public street or alley to the principal use in compliance with Section 401.15.F of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 401.15.E of this Ordinance. Adequate off - street parking and access is provided to the site. The existing parking lot is fenced from the residential neighborhood to the south. c, If outdoor recreation or piayfields are proposed, adequate screening and fencing from abutting residential uses is provided in compliance with Section 401.15.E of this Ordinance. g The playground area will be adequately screened. d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 401.03.F of this Ordinance. The building, as a former retail space, has adequate loading facilities and service entrances. e. Adequate emergency vehicle access is provided to and within the site. Adequate emergency vehicle access is provided to the facility. f. The site is served by an arterial or collector street of sufficient capacity to accommodate the traffic that will be generated. The site is adequately served from the frontage road of Highway 36 and from Osgood Avenue, The City Engineer shall comment on the traffic flow plan for parents and buses. The provisions of Section 401.05.0 and 401.03.A of this Ordinance are considered and satisfactorily met. The conditional use permit and interim use criteria have been reviewed and staff` does not foresee any issues with the conditions specified. 4 Page 59 of 82 CONCLUSION 1 RECOMMENDATION Based upon the City Council approval of a Zoning Ordinance amendment to allow schools as an interim use in the B-2, General Business District, and a review of the request and the conditions for school facilities, staff recommends approval of the interim use request for St. Croix Preparatory Academy for utilization of the former Herberger>s site as a school facility with the following conditions: 1. The city Council approves a Zoning Ordinance amendment for Section 401 .30.0 to allow private and public elementary, junior or senior high schools for a time not to exceed two years as an interim use in the B -2, General Business District. 2, The interim use shalt expire two years from the date of City Council approval. 3. The applicant shall apply for and receive a sign permit for the proposed wall sign. 4. The applicant shall provide an example of temporary playground fencing materials that will be reviewed and approved by City staff. All Building /Fire Code requirements for schools shall be addressed and approved by the Building Official. 6. The City Engineer shall review and approve the traffic flow plan. 5 Page 60 of 82 and request; and A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECO MENDING TO THE CITY COUNCIL THAT THE 1' REQUEST BY THE FRIENDS OF ST. CROIX PREPARATORY FOR OR AN INTERIM USE PERMIT TO ALLOW KINDERGARTEN THROUGH FIFTH GRADE CLASSES TO OCCUPY A. PORTION OF THE FORMER H ERBERGER' RETAIL SPACE AT 14781. 9 r1I STREET NORTH FOR AT LEAST ONE SCHOOL YEAR SOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from The Friends of St. Croix Preparatory Academy for an interim use permit to allow kindergarten through fifth grade classes to occupy a portion of the former I- lerberger's retail space at 14781 59 59 Street North for at least one school year; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: follows, to wit: SEE ATTACHMENT B 3, The subject property is zoned B-2, General Business District. Section 401.30,0 of the B-2 District section of the Zoning Ordinance provides for interim use, but none are listed; and 4. The Planning Commission held a public hearing at their April 10, 2008 Meeting, and recommended that private and public elementary, l or senior high schools for a period not to exceed two years be allowed as a listed interim use in the B -2, General Business District; and 5, City staff prepared a planning report dated April 2, 2008 reviewing the Page 61 of 82 6. City staff recommends in the April 2, 2008 planning report that the request be approved with conditions; and 7. The Planning Commission held a public hearing on the interim use request at their April 10, 2008 meeting, took comments from the applicant and public, closed the public l hearinng, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PAIR. HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by The Friends of St. Croix Preparatory Academy for an interim use permit to allow kindergarten through fifth grade classes to occupy a portion of the former l -1 erberger' s retail space at 14781 59 Street North for at least one school year and affecting the real property as follows: Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The City Council approves a Zoning Ordinance amendment for Section 401.30.0 to allow private and public elementary, junior or senior high schools for a time not to exceed two years as an interim use in the B -2, General Business District. 2. The interim use shall expire two years from the date of City Council approval. 3. The applicant shall apply for and receive a sign permit for the proposed wall sign. 4, The applicant shall provide an example of temporary playground fencing materials that will be reviewed and approved by City staff. 5. All Building /Fire Code requirements for schools shall be addressed and approved by the Building Official. 6. The City Engineer shall review and approve the traffic flow plan. Recommended by Planning ded b the Plannin Commission of the City of Oak Park Heights this 1 0111 day of April 2008. ATTEST: SEE ATTACHMENT A Eric A. Johnson, City Administrator Michael Lil jegrew, Chair 2 Page 62 of 82 Attachment A Washington County GEO Code: 04.29.20.12.0019 Legal Description: Lot 3, Block 2, St. Croix Mail P.U.D., 2 hd Addition Physical Address: 14781 59 St. N. Page 63 of 82 ATTACHMENT B Interim Use and Zoning District Amendment st. Croix Preparatory Academy - 1 4781 59th St. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500 from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: April 10, 2008 Required Approvals: City council 4/5 Interim Use Permits - Termination: An interim use permit shall terminate on the happening of any of the following events, whichever first occurs: 1. The date stated in the permit or ordinance, 2. Upon violation of conditions under which the permit was issued. 3. Upon change in the City's zoning regulations which renders the use non - conforming. 4. The redevelopment of the use and property upon which it is located to permitted or conditional use as allowed within the respective zoning district. Page 64 of 82 and RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MIINNES()TA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY THE FRIENDS OF T. CROI PREPARATORY ATORY ACADEMY FOR AN INTERIM USE PERMIT TO ALLOW KINDERGARTEN THROUGH FIFTH GRADE CLASSES TO OCCUPY A PORTION OF THE FORMER HERBERGER'S RETAIL SPACE AT 1 4781 59 STREET NORTH FOR AT LEAST ONE SCI OOL'YEAR BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from The Friends of St. Croix Preparatory Academy for an interim use permit to allow kindergarten through fifth grade classes to occupy a portion of the former I Ierberger's retail space at 14781 59 Street North for at least one school year; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT T B 3. The subject property is zoned B-2, General Business District, Section 401.303.0 of the B-2 District section of the Zoning Ordinance provides for interim use, but none are listed; and 4, The Planning Commission held a public hearing at their April 10, 2008 meeting, and recommended that private and public elementary, junior or senior high schools for a period not to exceed two years be allowed as a listed interim use in the f3 -2, [General Business District; and 5. City staff prepared a planning report dated April 2, 2008 reviewing the request; and Page 65 of 82 6. City staff recommends in the April 2, 2008 planning report that the request be approved with conditions; and 7, The Planning Commission held a public hearing on the interim use request at their April 10, 2008 meeting, took comments from the applicant and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED 13Y THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by The Friends of St. Croix Preparatory Academy for an interim use permit to allow kindergarten through fifth grade classes to occupy a portion of the former Herberger's retail space at 14781 59 Street North for at least one school year and affecting the real property as follows: Be and the same as hereby approved by the City Council of the City of Oak Park freights with the following conditions: 1. The City Council approves a Zoning Ordinance amendment for Section 401.30.0 to allow private and public elementary, junior or senior high schools for a time not to exceed two years as an interim use in the B -2, General. Business District. 2. The interim use shall expire two years from the date of City Council approval. 3. The applicant shall apply for and receive a sign permit for the proposed wall sign. 4. The applicant shall provide an example of temporary playground fencing materials that will be reviewed and approved by City staff. 5. All Building /Fire Code requirements for schools shall be addressed and approved by the Building Official. 6. The City Engineer shall review and approve the traffic flow plan. Approved by the City Council of the City of Oak Park: Heights this 22" day of April 2008. ATTEST: SEE ATTACHMENT A Eric A. Johnson, City Administrator David Beaudet, Mayor 2 Page 66ofS2 Attachment A Washington County GEO Code: 04 29.20.12.0019 Legal Description: Lot Block 2, St. Croix Mali P.U.D., 2 ' Addition � � 3, Physical Address: 14781 59th St. N. Page 67of82 ATTACHMENT B Interim Use and Zoning District Amendment st. Croix Preparatory Academy — 14781 59th St. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500 from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statements) /Legal Description(s) Planning Commission Public Hearing & Recommendation: April 10, 2008 Required Approvals: City council 4/5 Interim Use Permits - Termination: An interim use permit shall terminate on the happening of any of the following events, whichever first occurs: 1. The date stated in the permit or ordinance. 2. Upon violation of conditions under which the permit was issued. 3. Upon change in the City's zoning regulations which renders the use non- conforming. 4. The redevelopment of the use and property upon which it is located to permitted or conditional use as allowed within the respective zoning district. Page 68 of 82