8.2. SR 12-20-1993
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City of '!t
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November 1, 1993
R.E.P. Ltd.
Gary santwire
650 Dodge Avenue
Elk River, MN 55330
RE: 720 Dodge Avenue/251-8 street
Dear Mr. Santwire:
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On october 11, 1993, I sent, a letter to you in regards to the
.ocq11pancychange required ,from:aB2 toanEl occu~aX1cy. .A.time
frallleof Ndvember .1, '.' 1993 ,was,~stablished ,for 'the ...... inform.ation
required. As of this date,cI'havenot ,seen the.pla'ns'for'this
occupancy change. ' . /
On October 29, 1993, we discussed this change 'and you stated
that you would be contacting Jeff DeJarvis~rom the State
Building Code division regarding this code violation. I have
not received a letter since our conversation. Therefore,
please provide the necessary information "for this occupancy
change by November 10, 1993, or further actions will be taken.
If you have any questions regarding my findings, feel free to
call City Hall.
Sincerely,
~ fl/. \) fY1 ~ #1).':1,/
c~~~ M. Skogstad
Building Official
cc: Peter Beck
251-8 street
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v. lk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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December 1, 1993
Gary Santwire
R.E.P. Ltd.
650 Dodge Avenue
Elk River, MN 55330
Dear Mr. Santwir~:
On November lS, 1993, S a.m., you arranged a meeting to discuss
thet';, code, ,changes required for 251....Sth, Street, Elk River.
Present: at that meeting >were: Jeff' DeJ~rvbr,' ,:State'-,Building
;Code~'.)D.i.vision; Russ Anderson, City of ,Elk ,Riv,e,r :Fire, Chief;
Lyrin' ..:,isallsbary, and. ,myself. At:S :45"~, '.a . iii: ',. ,,'~~~,~ co~cluded
discussion as 'you were not present. .~-
To bring you up to date as per our discussion at that meeting,
note the following areas of concern:
1. Possibly installing a second exit 9n the north side
of the building. : .
2. The elimination of the lunchroom.
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3. A mechanical contractor inspecting the structure to
ensure it complies with an E occupancy.
4.
5.
6.
7.
S.
. 9.
An electrical engineer designing a system
following: .smoke alarms, emergency lighting
lighting, pull stations, outside bell and
horns, heat sensors, etc.
for the
and exit
interior
Obstructions (coat racks, desks, etc.) in pathways to
exit doors.
Panic hardware.
Bathroom requirements for an E occupancy.
Interior ramp on the southeast exit door.
If exiting requirements could not be achieved with
the walls and doors in the existing structure,
additional corridors would be required. At that
point an architect will have to design this building.
.0. Box 490 . 13065 Orono Parkwa · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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10.
When this building is being
illustrate all rooms and what
used for.
designed, plans must
these rooms will be
I am confident that the December 10, 1993, deadline (which you
agreed to on November 18, 1993) can still be met. As we
discussed in our telephone conversation on November 29, 1993,
these plans need to be submitted for review by December 3,
1993. Since you have talked with Jeff DeJarvis and myself
regarding the code changes, the work on these corrections can
begin prior to the issuance of the building permit. Please
keep in mind that a .plan review must still be done and
additional requirements may need to be added for code
compliance.
If you have, any concerns, plea~e don't hesitate to call.
. ~p~r17~~$l'Y
'~~M. .. Sl<;ogstad);c
"Blli).d~ng 'Official" ....
cc: LYnn Salisbary
Peter Beck
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City o~
f:1l{,.River
.L_.c..M 7
TO:
PLANNING COMMISSION
fC@/Pif
FROM:
GARY SCHMITZ, ZONING ASSISTANT ~~
NOVEMBER 23, 1993
DATE:
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
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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
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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, _JP
November 23, 1993
Page 2
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serve approximately 60 students and nine staff members.
school is associated with Elk River School District
however, school busses will not serve this facility.
The
728,
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
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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 intens~ 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 anyone 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.
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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
agreement between all three parcels should be recorded, if this
proposal is approved.
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Barrington Squa~ . CUP
November 23, 1993
Page 3
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
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.
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LOT 3
PROPOSED BUILDING
6000 SQ. fT.
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~DU-18-JS3 THU 17:31 ID: ~S45 pe2
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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
~ill encompass a use as defined in the letter attached from the
AREA LEARNING CENTEr., Independent School District 728, Elk River
Minnesota.
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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 anyone 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 a6 follows:
24 parking stalls i~~ediately adjacent to the front of the
building, including one handicap stall: 6 additional parking
stalls in the rear of the building for s~aff members; an
additional 12 parking stalls immediately adjacent to the :ront
parking lot of this building and approximately 7 parking s-:.alls
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 ! told
you on the phone, I will be recommending several conditions
which I would like to have incorporated into the Conditional
Use ?ermit which I believe will further assure the use of this
property with no adverse affect on adjoining properties.
!f you have any further questions, please feel free to give me
a call at 441-8833.
~ River
cc: Cliff Skogstad
Enclosures
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NDU-18-'S3 THU 17:32 ID:
::;945 Pia3
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 m~ke-up
classes for junior high a.nd senior high students after their
regula:r day school. If a stud~nt failed a class(es) at regul~r
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
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..
fOR AGES
12 - 16
at least two ~rAdes below performance in
local achievement test, or
a.t least one year behind in graduation credits,
or
pregnent or a parent. or
assessed as chemically dependent, or
a.bsent (unexcused) more than 15 consecutive
school days, preceding or current school year.
16 - 19
attending school. and
at least t~o grades below performance in local
achievement test. or
at least one year behind in graduation credits,
or
pregnaut or a parent, or
assessed as chemically dependent.
16 - 21
not attending ~ch()ol (unexcused a.bsence of at
least 15 con5ecutive days) and meets one of the
following requirements:
at lea~t two grades belo~ performance in local
achievement test, or
at least one year behind in graduation c:redit~, or
ftssftssed as chemically dependent.
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. NJU-18-'S3 ~J 17:33 ID:
:::945 P04
21 - Over -
has less than 14 years public or non-public
education (beginning at a~e 5), ~
completed 10th grade, but has not graduated or
received a GED, and m.eets ~ of the followin~
requirements:
eligible for unemployment compensation or
exhausted benefits~ or
eligible for income maintenance and support
servi ce!) 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
B pm; Thursday B 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 appro~imately 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 anyone given time,
there are approximetely 60 students and 9 staff persons in the
bui lding. Monday th:-ougl1 Wedne$day, (night classes), there !.Te
approximately 15-20 students and 2 staff persons in the building.
3ARR!NGTON SQUARE
20159G
PLANNED DEVS:OPMENT AGREE~ENT
CT~V OF ELK RIVER
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SHER3URNE COUNTY, MINNESOTA
THIS PLANNED DEVELOPMENT AGREEMENT, Made and entered into this
..-, ./
~.//li(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).
WIT N E SSE T H:
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WHEREAS, D~velopers own the Planned Development in the City known
as Barrington Square (the Development) described as Lots 1,2,3, and
Outlot A, Block I, 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, THERE~ORE, 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 I, 21 and 3
Exhibit "3" - Final Plat
Exhibit "C" - Special Conditions
3.) Ac~roval ~v 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 DeveloDment - DeveloDers represent that they
intend to complete the Development within five" (3) years from the date
hereof 1 so long 'as the Ci ty grants timely approval of each phase of the
Development. The City limits its approval to said five (5) year period.
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5.) Plan :o~ Orderly ~evelooment _
(01) On-Sit~ Util;t;~s - In o~cie~ to p~omote the o~de~ly
installation of on-site utilities ~ithin the Development,
Develope~s will p~epare and submit to the City Engineer a
plan covering the installation of st~eets, c~~bs and gutte~s,
sidewalks and other public walk~ays, ~ater, storm se~er and
sanitary sewe~s. City Engineer ~ill make such changes as he
believes are in the interest of the City and submit the final
plan to the City Council for its a?proval. No utility services
will be installed that are not in conformance ~ith the
approved plan. Developers have installed all necessary on-site
utilities.
201586
(02) ApDroval Prior to Const~uction - Prior to constructing
any phase of the Development, Develope~s 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
~. Financial institutions
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5 .
Dental and Medical clinics
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 ~29 of Minnesota State Statutes.
Otherwise, the Developers shall be ~esponsible for installation of
imorovements in accordance with Citv standards.
. .
8 . )
easements
and Lot 1
Pond Easements - Developers have recorded the necessary
for storm water ponds and arainage over Outlots ~ and a
of the Development.
9.) Lights - Developers agree to provide and the City agrees
to accept a lighting system fo~ the Development and in accordance
with the Special Conditions pursuant to the applicable ordinance in
effect at the ti~e of the final plat approval.
10.) Buildino Setbacks
on individual site~plans.
Building setbacks shall be as shown
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201596
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11.) ?~ese~vation 0: T~ees - Develope~s agree to comply ~ith c~
the City's ordinance current2y in e!iect re2ated to preservetion of ~7'IO//~;.f~
t ' . ~. 11 . 11' bl f& t' ...., 'II
:-ees ana specl J...1ca__y \.'1__ exerClse reasona e e_,-or s 1n ::c~~---=,~..._ .)::;7"'/"",/;
a::-eas to save ma tu:-e, . undiseased trees. on the S~bject La~d, ::hich do '-' /ip"X
not have to be removec for reasonable 1nstallatlon of bU1lo1ngs, ~:;"'~
st:-eets, side\.'alks, utilities or drainage improvements and construction A'i'.
activities re2ated thereto_ ~~/(
12.) Deve100e::-'s Inte~est in ?~oDerty - Developers hereby I~
\.'a~rant and represent to the City, as inducement to the City's ente~ing
into this Agreement, that Deve10pe~s have an interest in the Subject
Land as fee o\.'ners.
13.) Compliance \.'ith City Ordinances - Developers agree to comply
\.'ith 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 o~ served by either pa~ty
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 \.'nen
delivered personally or when rleposited in the mail in accordance with
the above. The addresses of the parties hereto are as follows, until
changed by notice given as above:
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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.
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