7.1. SR 06-07-2021Request for Action
To Item Number
Mayor and City Council 7.1
Agenda Section Meeting Date Prepared by
Public Hearings June 7, 2021 Zack Carlton, Planning Manager
Item Description Reviewed by
Conditional Use Permit: Establish Educational Use, Cal Portner, City Administrator
413 Proctor Avenue
Reviewed by
Action Requested
Approve, by motion, the Conditional Use Permit (CUP) establishing
an educational use at 413 Proctor Avenue.
Background/Discussion
The applicant, First Step Preschool, has requested a CUP to establish
an educational use in the former Elk River Activity Center (55+). The
property is located along Proctor Avenue and is zoned R-1c where
educational uses require a CUP.
The site had operated as the city’s senior center until a new facility was
constructed as part of the Furniture and Things Community Event
Center last year. Prior to that the site had been used as a library.
First Step has been in business for 40 years and is looking for their
next location to allow their continued growth and expansion. The
interior would be completely renovated to accommodate the
educational uses and will include six classrooms/childcare rooms,
recreation spaces, a security entrance, and bathrooms. Exterior
modifications include a fence, new signage, façade updates, a
playground, and a paved track for riding toys.
The educational use will operate from 6:30 a.m. to 5:30 p.m. Monday
through Friday and will have approximately 20 to 25 staff.
Planning Commission
Prior to the Commission meeting, staff received updated plans addressing intersection sight line concerns and
recommended removing the one condition that had been included in the staff report as the condition had been
satisfied.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
The applicant spoke during the public hearing to clarify that she is currently operating in Elk River and noted that
she will also offer before/after school care. No additional comments for or against the application have been
received. The Planning Commission unanimously recommended approval of the
Property Sale
Approval of the CUP allows the city to complete the sale of the property. The attached resolution authorizes staff
to prepare and execute all documents required for the sale and transfer of the activity center in accordance with
the accepted purchase agreement. Should Council approve the CUP, staff also requests adoption of the associated
resolution.
Financial Impact
None
Mission/Policy/Goal
Opportunity to live, work, and play
Meet changing needs - Agile
Attachments
Planning Commission packet dated May 25, 2021
Updated Site Plan received May 25, 2021
Request for Action
ver
To
Item Number
Planning Commission
5.4
Agenda Section
Meeting Date
Prepared by
Public Hearings
May 25, 2021
Zack Carlton, Planning Manager
Item Description
Reviewed by
First Step Preschool — 413 Proctor Ave. NW
Chris Leeseber , Senior Planner
■ Conditional Use Permit for an Educational Use
Reviewed by
■ Resolution Approving Sale of Public Property
Action Requested
Recommend, by motion, approval of the Conditional Use Permit
(CUP) with the following conditions to satisfy the standards set forth
in Section 30-654:
1. The fencing at the corner of Proctor Avenue and 41h Street
shall comply with city standards.
Approve, by motion, the attached resolution finding the sale of the
Activity Center to be consistent with the Comprehensive Plan.
Background/Discussion
The applicant, First Step Preschool, has requested a CUP to establish
an educational use in the former Elk River Senior Center. The property
is located along Proctor Avenue and is zoned R-1c where educational
uses require a CUP.
The site had operated as the city's senior center until a new facility was
constructed as part of the Furniture and Things Community Event
Center last year. Prior to that the site had been used as a library.
First Step has been in business for 40 years and is looking for their
next location to allow their continued growth and expansion. The
Figure
interior would be completely renovated to accommodate the
educational uses and will include six classrooms/childcare rooms, recreation spaces, a security entrance, and
bathrooms. Exterior modifications include a fence, new signage, facade updates, a playground, and a paved track
for riding toys.
The educational use will operate from 6:30 a.m. to 5:30 p.m. Monday through Friday and will have approximately
20 to 25 staff.
Comprehensive Plan
The Elk River Vision rNATUREE]
I 1 E I E I s
A avelcoming community With revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and insires pro perity. Updated. August 2020
The Comprehensive Plan guides the property for urban residential uses which allow educational uses as a
complimentary use in district. Nearly all of the city's educational uses are located in residential districts and are
allowed with a CUP. This request is no different and will be consistent with the Comprehensive Plan.
Additionally, the sale of city owned property requires a review by the Planning Commission for consistency with
the Comprehensive Plan. Staffs analysis of the project shows consistency with the plan and has included a
resolution for the Planning Commission's consideration.
Parking
The site includes a 30-stall parking lot and ordinance requires one parking space per employee and one space per
12 students. At full capacity, the applicant plans to have 25 employees, but the number of students will fluctuate.
The surrounding streets allow on -street parking and have been utilized to support parking for this site previously.
Staff does not have concerns as they relate to parking for the proposed use and site.
Access and Circulation
The Parking lot has two access points, one to Proctor and one to 5`h street along the north side of the building.
The location of the entrances will allow traffic to flow through the site during morning and afternoon drop-off
times.
Landscaping
The site has large mature trees and with existing tree credits, meets the ordinance standards. The addition of a
fence near the corner of Proctor Avenue and 4`h Street may need to be modified to meet the city's intersection
visibility standards. The applicant will provide additional information during the meeting, but the ordinance limits
what can be placed within a 30-foot vision clearance triangle at intersections.
Fence restrictions. In any zone, on any lot, no landscaping taller than 24 inches or any fencing shall be
allowed in a vision clearance triangle.
Applicable Regulations
In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the
development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in
Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any
potentially adverse effects upon adjacent properties, the neighborhood or the city.
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. mill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity or the public
health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city.
The use is similar to what has been done on this site in the past and will not endanger, injure or
detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public
health, safety, morals, comfort, convenience, or general welfare of the neighborhood or the city.
Staff does not see a need to impose specific conditions to satisfy this standard.
2. mill be consistent nrith the comprehensive plan.
The use is consistent with the comprehensive plan.
Staff does not see a need to impose specific conditions to satisfy this standard.
3. mill not impede the normal and orderly development and improvement of surrounding vacant propery.
The surrounding properties are fully developed residential and educational uses and this project will not
impede the normal and orderly development of surrounding vacant property.
Staff does not see a need to impose specific conditions to satisfy this standard.
4. mill be served adequately by and mill not adversely affect essential public facilities and services including streets, police and fare
protection, drainage, refuse disposal, avater and sewer systems, parks and schools; and will not, in particular, create traffic
congestion or interference nrith traffic on adjacent and neighboring public thoroughfares.
The proposed use would occupy an existing building that has been in use for uses generating similar
demands on public facilities. The existing infrastructure has supported these uses and staffs analysis does
not identify concerns with the capacities of essential public facilities.
Staff does not see a need to impose specific conditions to satisfy this standard.
5. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any
persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
The use will not involve uses, activities, processes, materials, equipment and conditions of operation that
will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare,
odors, dust, or vibrations. Traffic will be busiest in the morning and evening, but the site is located along
Proctor Avenue with can support the traffic generated by the use.
Staff does not see a need to impose specific conditions to satisfy this standard.
6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
While there will be some exterior changes on the site, the use will not result in the destruction, loss or
damage of a natural, scenic or historic feature of major importance.
Staff does not see a need to impose specific conditions to satisfy this standard.
7. mill fully comply with all other requirements of this Code, including any applicable requirements and standards for the
issuance of a license orpermit to establish and operate the proposed use in the city.
The use will fully comply with all other requirements of this Code, including any applicable requirements
and standards for the issuance of a license or permit to establish and operate the proposed use in the city.
Staff does not see a need to impose specific conditions to satisfy this standard.
If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a
report stating how the proposed use does not comply with the standards set forth in Section 30-654.
Financial Impact
None
Mission/Policy/Goal
■ Opportunity to live, work, and play
■ Meet changing needs - Agile
Attachments
■ Location Map
■ Applicant's Narrative
■ Site Plans
■ Architectural Plans/Elevations
■ Staff Comment Letter dated May 7, 2021
■ Resolution 21-01
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First Step was established 40 years ago with one preschool classroom. It expanded from that
point to 2 classrooms, offering both am and pm classes. In 2014 Lisa Egan, its current owner,
purchased the preschool after teaching there for 14 years. At that time Lisa added the
childcare offering to supplement the preschool and has expanded twice as the business grew.
The purchase of 413 Proctor provides First Step the opportunity to expand yet again. The
purchase of this building will provide much needed space along with a large muscle room and a
playground connected directly to the building. The purchase of this building and it's build -out
conveys Lisa's commitment to stay in Elk River and to continue service to it's community.
413 Proctor is an existing unoccupied facility, approximately 10,400 square feet, with brick
veneer. The interior space is an open floor plan that will be renovated to efficiently use the
space for pre-school and childcare. 6 new teaching and childcare rooms will be added along
with a muscle room and restrooms. A security entrance for safe drop off and pick up of
children will also be included. The exterior playground will include an asphalt track for children
to ride their toys along with other equipment to allow proper exercise. A 6 foot tall,
aesthetically pleasing decorative fence will surround the play area. A storage shed would be
located in an unobtrusive area, tucked in the "L" shape of the building at the NW corner of the
lot, where it will be unnoticeable from the street. This storage area will contain tubs of
themed teaching materials (dinosaurs, farm, camping etc.) along with seasonal decorations.
First Step currently operates from 6:30 a.m. to 5:30 p.m. and will keep these hours of operation
in the new facility. They employ 18 staff at this time and anticipate an addition of 5-7 staff.
First Step plans to retain the current 30 + parking stalls.
First Step plans to keep the current monument sign, replacing the current signage. They also
plan to add a sign along the top of the angled entrance area. The exact type of sign has yet to
be determined but plan to have classic unobtrusive appeal. First Step plans to keep most, if not
all, of the trees on the lawned area and plans to use natural colors for the playground
equipment. Vibrant colors will be added to the exterior areas above windows & doors to bring
a fun atmosphere to the existing elevations. The hope is to make the preschool look enticing
yet blend naturally with the neighborhood.
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City of
EIk ;z,;
River
13065 Orono Parkway
Elk River, MN 55330
May 7, 2021
Ayars & Ayars, Inc.
Craig Leibold
21900 Kenrick Ave
Lakeville, MN 55044
VIA EMAIL: cleibold@ayersayers.com
Lisaegan.firststep@gmail.com
RE: Conditional Use Permit Application — Educational Use
Dear Mr. Leibold,
Thank you for your application for a Conditional Use Permit (CUP) for an educational use at 413
Proctor Ave NW. I will be reviewing your application and preparing the staff report for the
Planning Commission and City Council.
On April 23, 2021, the city received your application for the above use. Per state statute 15.99, the
city is required to act within 60-days of receiving a complete application. Subdivision 3 of that
section requires the city to notify an applicant within 15 business days if information is missing,
delaying the start of the 60-day review period. A city may extend the 60-day review period up to 120
days to complete the review.
With the receipt of the required materials on April 23, 2021, your applications have been deemed
complete, and the 60-day review period starts. The application has been assigned Case Number CU
21-08 and is scheduled to be reviewed by the Planning Commission on May 25, 2021, at 6:30 p.m. at
the Elk River City Hall, 13065 Orono Parkway. With a Planning Commission recommendation on
that date, the City Council will review your application on June 7, 2021.
Staff conducted a thorough site plan review on April 3, 2021, and has the following comment.
1. City ordinance limits landscaping and fence height within the vision clearance triangle, which
is defined as follows:
Vision Clearance Triangle means the area of a corner lot bounded by the right-of-way
lines and a line connecting the two points on the property lines 30 feet from the
intersection of the property lines.
Section 30-796 (a) outlines the standard:
(a) Fence restrictions. In any zone, on any lot, no landscaping taller than 24 inches or
any fencing shall be allowed in a vision clearance triangle.
Please update the site plan to reflect this standard.
Phone: 763.635.1000
POWERED RY
UREJ
www.ElkRiverMN.gov
If we need additional information, we will let you know.
Let me know if you have any questions.
Sincerely,
Zack Carlton, Planning Manager
Ph: 763.635.1035
zcarlton e E1kRiverMN.gov
City of
Elk —
River
City of Elk River
Planning Commission
Resolution 2 1 - 01
A Resolution of the Planning Commission of the City of Elk River Finding
that the Sale of Property is Consistent with the Elk River Comprehensive
Plan
WHEREAS, The City of Elk River ("City") has agreed to terms with First Step Preschool
LLC (`Buyer") for the sale of the property located at 413 Proctor Avenue NW ("Property"),
including PIDs 75-409-0205, 75-409-0255, and 75-409-0250; and
WHEREAS, the City would sell the Property for use as an educational institution, which is
a conditional use under the city's zoning ordinance; and
WHEREAS, the City of Elk River Comprehensive Plan guides the property for residential
uses, which includes institutional uses; and
WHEREAS, Minn. Stat. 462.356, subd. 2 requires the Planning Commission to review the
City's proposed disposition of property for consistency with the Comprehensive Municipal
Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Elk River, Minnesota, as follows: The sale of the Property located at 413 Proctor Avenue
NW is consistent with the Comprehensive Municipal Plan.
Passed and adopted this 25th day of May 2021.
ATTEST:
Tina Allard, City Clerk
Jill Larson -Vito, Planning Commission Chair
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First Step Preschool
Background Fence and play space Façade improvementsRemodel interior20 to 25 staff at capacity6:30 am to 5:30 pm Monday through Friday1c -Zoned RSale of former community centerpreschool–Educati
onal use
Planning Commission Unanimously recommended approvalNo other commentsbefore and after school care.currently operating in Elk River and that she will also offer During the public hearing,
the applicant noted that she is
Action Requested Educational Use. Approve, by motion, the Conditional Use Permit request for an