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7 PCSR 11-23-1993 '1C./ ~� ITEM 7 ity Of TO: PLANNING COMMISSION Ak/ FROM: GARY SCHMITZ, ZONING ASSISTANT River Grosir DATE: NOVEMBER 23, 1993 SUBJECT: CONDITIONAL USE PERMIT REQUEST BY R.E .P. LTD OF ELK RIVER (GARY SANTWIRE) /PUBLIC HEARING, CASE NO. CU 93-37 LOCATION OF REQUEST 251-8th Street (Lot 3, Block 1, Barrington Square) Old City Hall Site REQUESTED ACTION This request is in two parts : 1) Amend the PUD Developers Agreement for Barrington Square to allow institutional uses 2) Site Plan review for the Area Learning Center high school at 251-8th Street, Elk River, MN. ATTACHMENTS • Location Map, Zoning Map, Site Plan, Letter from Applicant and School District 728, Barrington Square Developers Agreement, Property Owners List BACKGROUND Barrington Square PUD was platted in 1985 . A Development Agreement for this PUD allowed seven types of uses : retail establishments, personal services, professional and business office, financial institutions, dental and medical clinic, two family dwellings, and mortuaries . A copy of the Development Agreement is attached. The applicant has been operating a non-traditional Area Learning Center high school from 251-8th Street (old City Hall site) since September, 1993 . Staff informed Mr. Santwire that in order for this use to continue, he would need to amend the PUD Agreement to allow institutional uses and have a site plan reviewed for this site. OVERVIEW OF PROPOSED USE The Area Learning Center is a high school diploma program offered through Elk River School District 728 for "at risk" students ranging in age from 14 to adult. The school also gives students the opportunity to make-up classes in the afternoon or evening which they failed at regular school . Please refer to the attached letter from School District 728 • explaining the School . According to the applicant, there will be a total of 200 students with classes operating in the morning, afternoon, and evening. The typical daytime shift will P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Barrington Square, CUP Page 2 November 23, 1993 • serve approximately 60 students and nine staff members . The school is associated with Elk River School District 728, however, school busses will not serve this facility. LAND USE COMPATIBILITY The basic question that the Planning Commission should ask in reviewing the PUD Agreement is whether institutional uses are compatible with the surrounding land use. Barrington Square, although developed as a PUD, is compatible with the C3 zoning district. This is evident by the proximity to Highway 169 and the nature of the surrounding development. The C3 zoning district allows institutional uses as a conditional use, therefore, it seems logical that institutional uses would be compatible in the Barrington Square PUD. Barrington Square does abut residential property to the east however, City Code allows institutional uses in other zoning districts which are adjacent to residential neighborhoods . PARKING The main issue with this request is parking. According to the Elk River City Code, parking regulations for high schools is one space for five students plus one per classroom. However, due to the nature of this type of school (older students and no school bus service) staff feels a more intense parking requirement of one space per 2 .5 students and one per classroom is warranted. Because of varied class schedules, the maximum number of students at any one time should be used in determining the parking calculation. The Barrington Square development consists of three buildings and 100 parking stalls . The two buildings, other than the proposed school, consist mainly of office type uses and require 40 total parking stalls . The proposed site (old City Hall) consists of a 6, 000 square foot building and 4 classrooms . There are 24 parking stalls in the front of the building and 6 parking stalls in the rear of the building for staff members . An additional 12 parking stalls could be utilized immediately adjacent to the front parking lot. Although these 12 parking stalls are located on a separate lot, the parking ordinance (Section 900 . 24, paragraph 7) allows joint parking through a conditional use permit. The maximum number of students and teachers at any given time period is during the day shift with 69 individuals . If a parking ratio of 1 parking space for each 2 .5 individuals and 1 space per classroom is used, the total number of required parking stalls would be 32 . There are 42 parking stalls on site including the 12 on the adjacent lot, therefore, parking demands can be met. Staff does recommend that a joint parking S agreement between all three parcels should be recorded, if this proposal is approved. Barrington Square, CUP Page 3 November 23, 1993 • LANDSCAPING Since this site was developed, the City' s landscape ordinance has been amended greatly increasing the standards . Normally, through a site plan review such as this, it would be appropriate to bring the landscaping into compliance with existing code. However, it would be difficult to landscape this site to meet current code because of the amount of impervious surface coverage. Therefore, staff is recommending no additional landscaping be required as part of this review. RECOMMENDATION Staff has reviewed the application in accordance with Section 900 .42 , and finds all conditions for granting a conditional use permit can be met. Therefore, it is recommended that the Planning Commission recommend approval of the conditional use permit request to allow institutional uses in the Barrington Square Development Agreement. Staff would also recommend approval of the site plan review for the Area Learning Center school with the following conditions : 1 . REQUIRED PARKING BE PROVIDED TO MEET A STANDARD OF 1 PARKING STALL FOR EVERY 2 .5 STUDENTS AND 1 PER 110 CLASSROOM. 2 . THE NUMBER OF STUDENTS BE LIMITED (PER SHIFT) BASED ON THE TOTAL NUMBER OF PARKING STALLS AVAILABLE . 3 . A JOINT PARKING AGREEMENT FOR LOTS 1, 2, AND 3, BARRINGTON SQUARE BE RECORDED. 4 . SIGNAGE MEET C3 STANDARDS . 5 . ALL THE CONCERNS OF THE BUILDING OFFICIAL RELATED TO STATE BUILDING CODE BE ADDRESSED. 6 . THE BARBED WIRE LOCATED ON THE TOP OF THE CHAIN LINKED FENCE (BACK OF THE PROPERTY) MUST BE REMOVED. • Site Plan - Exhibit "A" 201506 Lots 1, 2, j .and Outlot A is 111 LOFT. EASEMENTS LOT 31 LANDSCAPED AREAS PROPOSED BUILDING 6000 SQ. FT. 47 I � t ,ILiigiIIIIIIIIIIIIIIIIIIIIIIII ,,:.:ur...v..4. . . . •r' SNE w.... IRE if AIill • . "4 ., .�•' " � 2� PARKING ST • L S a .. ter• ' 1YDRA' •y I NEW N- EXISTING BUILDING 4 O HNEW LOT 1 AT. R . sS WOODED !� AREArem011131"• V I 1 i I . W: . \. \ \..\ .\ \• \ , \::• .". -- 4( I ,DRIVE 0 p h 11 i DUMPSTER EXISTING ) \ \ H BUILDING ;?t•' .I • 1 \ a LOT 2 1 OUTLOT A07 i GREEN AREA • C ' _-\ ) .......... JDRAINAGE AREA --\ — 1\:: 1) i I 1 I ti F.-7..., \ • U...0.._ J- 51 G 41 •� �r / --...... .." DODGY AVENUE — - ^— PYLON SIGN 40, _____. 7. --....1._-_--- - - --. . • - • NOTE: ALL DRAINAGE TO DRAINAGE AREA 169 • . .,�'ElXW A • GHY . NOU-18-'93 THU 17:31 ID: #945 PD2 November 18, 1993 FROM: R.E.P. Ltd. of Elk River 650 Dodge Avenue Elk River, MN 55330 TO: City of Elk River 13065 Orono Parkway Elk River, MN 55330 ATTN: Steve Ach City Planner RE: Conditional Use Permit 251 8th Street (formerly 720 Dodge Ave. ) Proposed Use: Institutional The request for a Conditional Use Permit as referred to above will encompass a use as defined in the letter attached from the AREA LEARNING CENTER, Independent School District 728, Elk River Minnesota. As you can see in the attached letter, last paragraph, there are approximately a maximum of 60 students and 9 staff persons in the building at any one given time, therefor, I would suggest that when figuring a parking ratio you might want to assume that approximately one out of every three of the 69 individuals would • be driving a vehicle to the facility. Using that ratio, it would require approximately 23 parking stalls. The parking stalls available at the facility are as follows : 24 parking stalls immediately adjacent to the front of the building, including one handicap stall; 6 additional parking stalls in the rear of the building for staff members; an additional 12 parking stalls immediately adjacent to the front parking lot of this building and approximately 7 parking stalls could be used on the existing street which was designed in such a width to provide for curb parking. In conclusion, I would suggest that there are approximately 50 parking stalls readily available for use by this facility and therefor do not see parking as being an issue. I will be in attendance at the meeting Tuesday night should there be any further questions or concerns . Also, as I told you on the phone, I will be recommending several conditions which I would like to have incorporated into the Conditional Use Permit which I believe will further assure the use of this property with no adverse affect on adjoining properties. If you have any further questions, please feel free to give me a call at 441-8833. R. . Ltd. of E k River 411 �� If 1 . Gary L Santwire cc : Cliff Skogstad Enclosures NOU-1E-'93 THU 17:32 ID: #945 P03 AREA LEARNING CENTER Independent School District 728 251 8th Street Elk River MN 55330 241-3530/ FAX 241-3532 November 18 , 1993 To Whom It May Concern: The Area Learning Center is a high school diploma program offered through Elk River School District 728 . for at-risk students ranging in age from 14 to Adult . (We are soon to graduate a 46 year old '. ) We have students that attend ALC full time , plus we offer make-up classes for junior high and senior high students after their regular day school . If a student failed a class (es) at regular school . they have the opportunity to attend ALC after school , or in the evening , to make up the necessary credits they need to pass to 41) the next grade, or to graduate on time with their class . Students generally are referred by their school counselor and must meet certain criteria; i . e . , FORAGES 12 - 16 - at least two grades below performance in local achievement test , or - at least one year behind in graduation credits , or - pregnant or a parent , or assessed as chemically dependent , or - absent (unexcused) more than 15 consecutive school days , preceding or current school year . 16 - 19 - attending school , and at least two grades below performance in local achievement test . or - at least one year behind in graduation credits , or - pregnant or a parent , or - assessed as chemically dependent . 16 - 21 - not attending school (unexcused absence of at least 15 consecutive days) and meets one of the 4 - following requirements : at least two grades below performance in local achievement test , or - at least one year behind in graduation credits , or - assessed as chemically dependent . NOV-18-'93 THU 17:33 ID: #945 P04 -- 21 - Over - has less than 14 years public or non-public education (beginning at age 5) , $,ng, - completed 10th grade , but has not graduated or received a GED, and Lieetc Suag of the following requirements : - eligible for unemployment compensation or exhausted benefits , or - eligible for income maintenance and support services , or - eligible for any programs under Federal Jobs Training Partnership Act , Displaced Homemaker Program, or Minnesota Employment & Economic Development Program. The Area Learning Center is open Monday through Wednesday, 8 am to 8 pm: Thursday 8 am to 5 : 30 pm. and Friday 8 am to 4 : 30 pm. No classes are held on Friday . The office is closed Saturday and Sunday. We have approximately 200 students enrolled ; many hold full time jobs , and schedule class days/times around their individual work schedule . • During the day , Monday through Thursday, at any one given time , there are approximately 60 students and 9 staff persons in the building . Monday through Wednesday, (night classes) , there are approximately 15-20 students and 2 staff persons in the building . 411 BARRINGTON SQUARE _ PLANNED DEVELOPMENT AGREEMENT 201596 CITY OF ELK RIVER SHERBURNE COUNTY, MINNESOTA THIS PLANNED DEVELOPMENT AGREEMENT, Made and entered into this X7-'71.2 day of October, 1986 , by and between the CITY OF ELK RIVER, Sherburne County, Minnesota ( the City) and D. Russell Norha , Linda M. Norha , David P . Decker and Mary Lou Decker , with addresses at 730 Dodge Avenue , Suite 103 , Elk River, MN. ( Developers ) . WITNESSET H: WHEREAS , Developers own the Planned Development in the City known as Barrington Square ( the Development ) described as Lots 1 , 2 , 3 , and Outlot A , Block 1 , Barrington Square . WHEREAS , the Developers have proceeded with the Development whereby the Subject Land was subdivided pursuant to Minnesota Statutes , Chapters 505 and 462, and the City ' s Subdivision Ordinance providing for the platting of land and obtaining certain approvals from the City for the various phases of the Development as development progresses ; NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows : . 1 . ) Development - Developers have developed the Subject Land in accordance with the plans shown on the Exhibits and the City has permitted the Development subject to obtaining final approval for each phase of the Development from the City before proceeding with any work on said phase , unless otherwise agreed to by the City. 2 . ) Exhibits - The Exhibits attached hereto , incorporated herein by reference and made a part of this Agreement are : Exhibit "A" - Site Plan for Lots 1 , 2, and 3 Exhibit "B" - Final Plat Exhibit "C" - Special Conditions 3 . ) Approval by the City - The City hereby approves the Develop- ment as shown in the Exhibits ; provided , however, that insofar as the Exhibits may vary from the written terms of this Agreement, said written terms shall govern. 4. ) Term of Planned Development - Developers represent that they intend to complete the Development within five (3 ) years from the date hereof , so long 'as the City grants timely approval of each phase of the Development . The City limits its approval to said five ( 5 ) year period . • -1- 201586 5 . ) Plan for Orderly Development - ( 01 ) On-Site Utilities - In order to promote the orderly installation of on-site utilities within the Development , Developers will prepare and submit to the City Engineer a plan covering the installation of streets , curbs and gutters , sidewalks and other public walkways , water, storm sewer and sanitary sewers . City Engineer will make such changes as he believes are in the interest of the City and submit the final plan to the City Council for its approval . No utility services will be installed that are not in conformance with the approved plan . Developers have installed all necessary on-site utilities . (02 ) Approval Prior to Construction - Prior to constructing any phase of the Development , Developers shall submit plans to the Planning Commission and Council for site and landscaping plan. 6 . ) Uses - The uses of the Development shall be restricted to : 1 . Retail establishments 2 . Personal Service establishments 3 . Professional and business offices 4. Financial institutions 5 . Dental and Medical clinics 110 6. Two-Family dwellings 7 . Mortuaries 7 . ) Assessments - The parties mutually agree that all public improvements installed by the City related to the Development shall be assessed pursuant to Chapter 429 of Minnesota State Statutes . Otherwise , the Developers shall be responsible for installation of improvements in accordance with City standards . 8 . ) Pond Easements - Developers have recorded the necessary easements for storm water ponds and drainage over Outlots A and B and Lot 1 of the Development. 9 . ) Lights - Developers agree to provide and the City agrees to accept a lighting system for the Development and in accordance with the Special Conditions pursuant to the applicable ordinance in effect at the time of the final plat approval . 10 . ) Building Setbacks - Building setbacks shall be as shown on individual site plans . • -2- 201596 11 . ) Preservation of Trees - Developers agree to comply with the City ' s ordinance currently in effect related to preservation of 40 trees and specifically will exercise reasonable efforts in rc—=i 1. /G/; areas to save mature , undiseased trees on the Subject Land which do � not have to be removed for reasonable installation of buildings , streets , sidewalks , utilities or drainage improvements and construction , activities related thereto . 0/ 7/7 12 . ) Developer ' s Interest in Property - Developers hereby warrant and represent to the City, as inducement to the City ' s entering into this Agreement , that Developers have an interest in the Subject Land as fee owners . 13 . ) Compliance with City Ordinances - Developers agree to comply with all city Council Ordinances consistent with this Planned Develop- ment . 14 . ) Notices - Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail ( return receipt requested ) . Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above . The addresses of the parties hereto are as follows , until changed by notice given as above : • If to the City, at : City of Elk River 505 U.P .A. Drive Elk River, Minnesota 55330 If to the Developers , at: D. Russell Norha , Linda M. Norha David P. Decker, Mary Lou Decker 730 Dodge Avenue , Suite 103 Elk River, Minnesota 55330 15 . ) Remedies - Should Developers breach any of the terms and conditions of this Agreement , the City shall have any or all of the following remedies : (01 ) Withhold development permits for the undeveloped phases . ( 02 ) Terminate this Agreement by written notice to Developers and revert the zoning of the Property to its original zoning designation . (03 ) Institute prosecution of Developers under the relevant provisions of the City ' s Zoning Ordinance . -3- '. I • • 1 • 2 11/01/93 09:0S : J1SS t7 JE ADDRESS SCRIP NAME rr� A▪ ° 411 • 5 Illi 6 PARCEL `417,F, NA.''i A0DZi=SS LI`;E 1 ADDRESS LINE 2 AODR =SS LINE 3 i • 8 ▪5. 9 75-034-1200 CITY OF ELK RIVER 13065 ORONO PAR PO BOX 490 EL1 RIVER, M 1C • 11 12 13 • 14 75-422-0120 FUCHS, ARLOC4 C JEANN266 ELK HILLS D ELK RIVER, M .Z 15 _ .4. 16 • 17 75-422-0130 CRA1.1ER, MARK vg C LAU 242 ELK HILLS D ELK RIVER, M 18 19 • 2C 75-422-0140 KREUSE"R, RICHARD T C'' 232 ELK HILLS' D ELK RIVER, 1"t , 21 ;i 22 • 23 75-422-0210 HETRICK, EARL C P 271 ELK HILLS 0 ELK RIVE R, N 24 25 • 26 75-422-0220 HENNEMANN, MILO F C 251 ' ELK HILLS D ELK RI VER, 14 27 8 75-422-0230 COOPER, DON .a C P 231 ELK HILLS 0 ELK RIVER, >• 30 31 • ,32 75-422-0240 ALLIANCE CHURCH PARS 215 ELK HILLS D ELK RIVER, Mi. 33 34 • 35 75-435-0010 CITY OF ELK RIVER 13355 ORONO PAR PO 30X 490 'ELK RIVER, N 36j • 331 75-435-0505 FIRST NA TL BANK OF E 729 MAIN ST ELK 'RIVER, ;' 39 40 • 41 75-435-0510 FIRST AJATL EA;JK OF E 729 MAIN ST ELK RIVER, M 42 43 • 44 75-435-0515 FIRST NAIL BANK OF E 729 MAIN ST ELK RIVER, M 45 46 • 47 75-435-0520 FIRST NAIL BANK OF E 729 MAIN ST ELK RIVER , N 48 49 • 50 75-435-0525 FIRST NAIL BANK OF E 729 MAIN ST ELK RIVER, tit ' 51 52 4153 75-435-0 530 FIRST NAIL 3APJK OF E 729 4AIN ST ELK RIVER, M 41, 56 75-435-0535 FIRST NAIL BANK OF E 729 MAIN ST ELK RIVER, N' 57 • 75-435-0530 TREEOR OF ELK RIVER, 690 DODGE AVE ELK RIVER, "r: i '1 73-445-0010 DECKER, DAVID P ET A 465 GRAMSIE RD SHOREVIE4 MN 16 O 2 75-445-0110 DECKER, DAVID P 465 GRAMSIE RD SHOREVIEW MN '_ y 5 75-445-0120 N,ORHA, 0 RUSSELL 6 L 653 DODGE AVE N ELK RIVER, M 6 7 • 8 9 10 . 11 12 7• 5-540-13010 REP LTD OF ELK RIVER 730 DODGE AVE ELK RIVER/ M ` 13 ill 1145 7• 5-540-0105 SANTWIRE/ BERTHA F 67 5TH ST NW ELK RIVER/ N ' 16 • 17 18 75-540-3110 RUHLAND/ WILLIAM F 6 245 3TH ST ELK RIVER/ M 19 • 12G '21 22 • 23 24 25 • 26 27 8 31 • 32 33 34 • 35 36 37 • 38 39 40 • 141 42 43 • 44 45 46 • 47 48 49 - • 50 51 52 • 53 Iiiii • 55 57, 0 •/ • _J_. III 11/01/93 09:08: 01 NAME ADDRESS A?.:D DESCRIPT • s 6 PARCEL f',1:3P, NA '1E ADDRESS LINE 1 ADDRESS LINE 2 ADDRESS LINE 3 7 9 75-540-0115 REP LTD OF ELK RIVER 730 DODGE AVE ELK RIVER, t 5 10 • 11 12 75-540-0120 REP LTD OF ELK RIVER 730 DODGE AVE ELK RIVER♦ ?' S 13 • 14 15 75-540-0125 REP LTD. OF ELK RIVER .730 _DODGE -`AVE ELK RIVER 8, Pi G 16 • 17 18 75-540-0130 REP LTD OF LK RIVER 730 DODGE AVE ELK RIVER , M 19 • 2C 21 75-540-.0135 REP LTD OF ELK RIVER. 730 DODGE AVE ELK RIVER, N E 22 • 23 24 75-540-0140 REP LTD OF ELK RIVER 730 DODGE AVE ELK RIVER , P' 25 • 26 27 75-540-0145 REP ; LTD OF ELK RIVER `730 D0DGE AVE ELK RIVER, M 30 75-541-0153 REP LTD OF ELK RIVER 730 DODGE AVEELK RIVER, 31 • 32 33 75-540-0155 REP :.:LTD OF ELK RIVER 730 DODGE AVE ELK RIVER, N 5 34 • 35 36 75-540-0160 REPS LTD OF ELK RIVER 730 DODGE AVE ELK RIVER, N 37 • 38 39 FINAL TOTALS 40 • 41 42 ; M r END OF R EPDR T =:: * * 43 • 44 45 46 • 47 48 49 • 50 151 115121 155 • 56 57 • 9 My.