The URL can be used to link to this page

Home My WebLink About2008-04-22 CC Meeting Packet Enclosure - Zoning Amendment•�� r n �� Oak Park Heights Request for Council Action Meeting Date April 2 2nd 2005 T ime Required: S Minutes Agenda item Title: Zoninp, O rdinance ,ame ndment — 401. hiterim Use Rerm — Agenda Placement New Business •1 Mating Department /Requestor Eric Johnson. C i ty Admi nistrator Requester's Signature Action Requested Discussion a possible actio see below Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised)4- Pleaso, see the attached ftom Mr. Scott Richards, City Planning Consultant I . Planning Report 412108 2. Panning Commission Resolution (Unsigned) 1 Proposed Final O rdinance for adoption° Page 47 of 82 AORTHWEST ASSOCIATED CO. 4800 Olson Memorial Highway, Suite 202, Golden Halley, MN 56422 Telephone: 763.22 ,2555 Facsimile: 763.231.256' planners@nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: April 2, 2008 RE: oak Park Heights — St. Croix Preparatory Academy — Zoning Amendment and Interim Use FILE NO: 798.02 -- 08.02 An application for an interim use has been received from Andersen corporation and St. Croix Preparatory Academy to allow for temporary use of a portion of the former Herberger's space at the Andersen office building for the school. St, Croix Preparatory is 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 is zoned B-2, General Business District. Section 401.30.c of the Zoning ordinance provides for interim uses in the BW2 District, but currently none are listed. In order to allow St. Croix Preparatory to move forward with this interim use request, thb Zoning ordinance will need to be amended to allow school facilities as an interim use. The Zoning ordinance defines interim uses as it temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow it," The city can put conditions on the approval of an interim use to limit the time of the use in that district, which makes this the favored vehicle for temporary approvals. Staff would suggest adding the following language to Section 401.30.0, Interim Use of the Zoning ordinance: 401.30,c. Interim Use 1. Private a p ublic el rrrentar'unior or senior hi I schools ficr a the eriod not to exceed two ears rovided that: a. Ade uate screeninci from abuttin residential uses and landsca in _is rr....ovided ire compliance with Section 401.15.E. of this ordinance, Page 48 of 82 b. Adequate off -street parkin and access is pro., vid.ed on the site or on lots . directl abuttina across a.- ublic street or alle the princinal use in compliance with Section - 401.15,F of this Ordinance and that such pa. is ade screened and landsca from surroundin and ab-utt* residential uses in compliance with Section 401.15.E of this Ordinance. C. If outdoor recreation or -D -lavfields are,,, roposed, ade screenin fencina from abuttin residentia �use�l��Is�rO�vid�el(::��Q Comoliance with ----------- - - Section 401.15.E of this Ordinance. d. Ade off -street loading and service entrances are movided and reaulated where applicable b S ection _. 401.03T of this Ordinance. e. Ade eme enc vehicle access is p � —ided to and within the site. 9 f. The site is served b rterial or collector street of sufficient ca_acitv to accommodate the traffic that - enerated. The provisjons of Section 401.06,C and 401.03.A of this_Ordinance considered and satisfactorily met. Pa 49 of 82 A. RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION 01 "Y OF OAK PARK HEIGHTS wASIJINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO TH E CITY COUNCIL THAT THE ZONING ORDINANCE BE AMENDED TO ALLOW PRIVATE AND PUBLIC ELEMENTARY, JUNIOR. OR SENIOR HIGH SCHOOLS AS AN INTERIM USE IN THE Bµ21 ENERAL BUSINESS DISTRICT FOR A. PERIOD NOT TO EXCEED TWO (2) YLARS SHOULD BE APPROVED WITH CONDITIONS WHERE the City of Oak Park Heights has received a request to allow an elementary school as an interim use in the B -2, General Business District; and after having conducted a public hearing to allow private and public elementary, junior or senior high schools as an interim use in the B-2.. General Business District for a period not to exceed two (2) years. the Planning Commission of oak park l:leights makes the following findings of fact: 1, The B-2, General Business District is Section 401.30.0 provides foi interim uses but none are listed; 2. A. request has been received by St. Croix Prcparatory Academy to allow for temporary use of an office building in the BW2, General Business District for an elementary school; and 3. City staff recommended that the -2 District in Section 401.30.0 be amended to allow for public and private elementary, juntor or senior high schools be added as an interim use; and 4. City staff prepared a planning report dated April 2, 2008 reviewing the potential Zoning Ordinance amendment; and 5. City staff reconimends in the April 2. 2008 planning report that the Zoning Ordinance be an fended to allow public and private elementary, junior or senior high schools for a period not to exceed two (2) years and with applicablo conditions; and 6. The Planning Commission held a public hearing at their April 10, 2008 meeting, took comments - from the applicants and public, closed the public hearing, and made the following recommend atioll NOW, 'THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: Page 50 of 82 A. "I"he Zoning O be amend to allow pu blic and private elementary, .junior or senior high schools be added as an interim use in the B-2, General Business District for a period not to exceed two (2) years. Be and the same as hereby recommended to the City Cou of the �. of Oak lark Heights f c�r� approval witlr the following am endnient and conditions: 401.30,Ct Interim. Uses. 1. Private and public elementary, j unior or senior lii,( schools for a time period not to exceed two (2) years provided that: a. Adequate screening from abutting residential uses and landscaping is provided in core - ipliance with Section 401.15.E. of this Ordinance. b. Adequate off parking and access is provided on the site or on lets 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. c, if outdoor recreation or playfrelds are proposed, adequate screening and fencing from abutting r esidential uses is provided in compliance with Section 40 1.15.11 of this Ordinance. d. .Adequate off - street loading and service entrances are provided and regulated where applica by Section 401.03Y of this Ordinance. C, .Adequate ernergency vehicle access is provided to and within the site. f. The site is served by an arterial or collector street Of suffi capacity to accommodate the traffic that will be generated. 9. The provisions of Section 401.05 . C and 401.03 . A of this Ordinance are considered acid satisfactorily met. Recommended b y � the Planning Commission of the City of O lark Heights leights this 1 0th day of .April 2009. Michael Li1jegren, Chair ATTEST: Eric A. Johnson, City Administrator Page 51 of 82 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE No. AN ORDINANCE ALLOWING PRIVATE AND PUBLIC ELEMENTARY, JUNIOR OR SENIOR HIGH SCHOOLS AS AN INTERIM USE IN THE B -2, GENERAL BUSINESS DISTRICT FOR A PERIOD NOT TO EXCEED TWO (2) YEARS THE CITY COUNCIL of OAK PARK HEIGHTS ORDAINS: SECTION 1' Section 401.30.c, Interim Lases, of the B -2, General Business District is hereby amended to read as follows: Private and public elementary, junior or senior high schools for a time period not to exceed two (2) years provided that: a. Adequate screening from abutting residential uses and landscaping is provided in compliance with section 401.15.E. of this Ordinance. 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 401,151 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with section 40 1.1 5. E of this Ordinance. C. If outdoor recreation or playfields are proposed, adequate screening and fencing from abutting residential uses is provided in compliance with Section 401.15.E of this ordinance. d. Adequate off - street loading and service entrances are provided and regulated where applicable by section 401.03.F of this Ordinance. e. Adequate emergency vehicle access is provided to and within the site. f. The site is served by an arterial or collector street of sufficient capacity to accommodate the traffic that will be generated. g. The provisions of Section 401.05.0 and 401.03.A of this Ordinance are considered and satisfactorily met. SECTION 2. The Planning commission of the city of Oak Park Heights held a public hearing at their April 10, 2008 meeting, took comments from the applicant and the pubic, closed the public hearing, and recommended that the city council approve an ordinance allowing public and private elementary, junior or senior high schools as an interim use in the B-2, General Business District for a period not to exceed two ( years. Page 52 of 82 SECTION 3. This ordinance shall be in full force and effect upon its passage and publication. PASSED this 22nd day of April 2008 by the City council of the city of oak. Park Heights. CITY of OAK PARK HEIGHTS David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator Page 53 of 82