9.2. SR 10-02-1995~~~ ~~
ity of .~~
lk •
River
TO:
FROM:
DATE:
MEMORANDUM
Mayor & City Council
ITEM 9.2.
Steven B. Ach, City Planner-,~~~"`°~~`-~
October 2, 1995
SUBJECT: Conditional Use Permit Request by
R.E.P. Ltd. of Elk River, Public Hearing
Case No. CU 95-22
Issue
R.E.P. Ltd. of Elk River is requesting a conditional use permit to operate an
education institutional use in the C3 (Highway Commercial) zoning district.
• Location
Lot 1, Block 1, Auburn Commons 2nd Addition (the northeast corner of
Dodge Avenue and 5th Street behind Indy Lube).
Zoning/Land Use
C3 (Highway Commercial) / HB (Highway Business)
Attachments
• Memo from Police Department
• Location map
• Zoning Map
• Site Plan
• Letter from I.S.D. #728 dated November 18, 1993
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. This
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
educational opportunity was previously operating at the old city hall site
which is located on 8th Street just east of Dodge Avenue (north of
McDonalds). Along with that application, a letter submitted by the school
district was supplied to the city, further explaining the program offered by
the school district (see attached letter).
It is staffs understanding that the students attending this facility will either
be walking or driving their own vehicles to the site. There will be limited bus
service to the facility.
Police Department Concerns
In reviewing this application the police department has identified concerns of
possible loitering around the facility and possible conflicts with the
surrounding neighborhood. Apparently, there were some reported
disturbances at the Area Learning Center's former site on 8th Street. To
help deter students loitering outside, the police department has
recommended that the site design and landscaping be done in a manner that
will not encourage loitering, and at the same time provide a visually safe
environment (see attached memo from the police department).
Site Improvements
• Prior to this request from the school district to operate the Area Learning
Center, the existing building was occupied by a church. During the
occupancy of the church the patrons utilized an unimproved parking area,
along with a site that lacked several improvements. Recently, the church has
vacated the building and during this time the property owner has taken it
upon himself to make various improvements to the property. These
improvements include installing concrete curb and gutter throughout the
proposed parking area, as well as preparing for the installation of various
landscaping materials to help improve the site. A plan was submitted to staff
illustrating these improvements for review and approval..
As part of this conditional use permit request, staff would recommend that
the improvements to the parking lot be completed prior to occupying the
building. Furthermore, any landscaping proposed along the east property
line which is adjacent to existing single family homes include a variety of
conifers which will provide year-round screening and between the C-3
property which the subject property is zoned and the existing residential
immediately to the east.
L~
s:council/cu95-22
Planning Commission Recommendation
• The Planning Commission recommended a royal of the conditional use
pP
permit with the conditions outlined by staff and the following additional
conditions:
1) Incorporate comments from the Police Department into the site design
and landscaping plans.
2) Sod berm area along east side of property by fall of 1995.
3) Use of the building shall have no adverse affect on adjacent property
owners.
Recommendation
It is recommended the City Council approve the conditional use permit
request by R.E.P. Ltd. of Elk River to operate an Area Learning Center
educational use with the following conditions:
1) The hours of operation be limited to 7:00 a.m. to 9:00 p.m. each day of
the week.
• 2) The applicant provide staff with a landscape plan illustrating the
proposed landscaping that will be completed as part of the various site
improvements.
3) Additional drainage information will need to be provided identifying
the drainage of the parking area and its direction of flow as it leaves
the property.
4) All of the interior improvements to the building be coordinated with
the city's building official in order to meet all building code
requirements.
5) Incorporate comments from the Police Department into the site design
and landscaping plans.
6) Sod berm area along east side of property by fall of 1995.
7) Use of the building shall have no adverse affect on adjacent property
owners.
•
s:councff/cu95-22
Memorandum
_~~ -~
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To:
PLANNING COMMISSION
s
• From: CRIME PREVENTION SPECIALISTS, CTJNZ/EDINGER
Elk
River Date:
SEPTEMBER 2 0 , 19 95
Police Department Subject: .SITE PLAN REVIEW FOR R . E . P . L . T . D
This .memo is to express our concerns regarding the above property
development. Our records show that this area is a problem area
already, therefore, we are concerned .with the proposed changes.
Our goal is to have the area more compatible with CPTED design
concepts of natural surveillance and territorial behavior.
We would like to recommend that the area be kept unobstructed by
landscaping features such as clusters of shrubs and groves of
trees, which provides hiding places and obstructed viewing from
the street into the parking lot.
Another concern is park benches or sitting areas. This promotes
loitering. This .area does not provide adequate lighting and
would only encourage unsafe activities.
This area generates youth problems and we feel that a different
design would be beneficial at this point.
13065 Orono Parkway • P.O. Box 723 • Elk River, MN 55330 • (612) 441-2324 • Fax (612) 441-8937
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2#945 P@3
AREA LEARNING CEN2ER
Independent School District 728
251 8th Street
.Elk River MN 55330
24I-3530/ FAX 2Q1-3532
November I8, 1943
To Whom Zt May Concern.
?he 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 4b year old:}
~fe have students that attend ALC full time. plus we offer make-up
elssses for junzor high and senior high students after their
regular day school. Lf a student failed a classes} at regular
.school. they have the opportunity to attend ALC after school, or in
the evettiAg, to make up the necessary credits they need 'to pass to
the next grade, or to graduate on Limo With their class.
Students generally are referred by their school counselor and. must
meet certain criteria; i.a.,
FOR A ~ .~
iZ - 16 - at least two grades below performance in
Inca] achievement test, or
- at least ofte year behind in Srsduation credits,
or
- pregnant or a parent, or
- assessed as chemically dependent, or
- absent (unexcused) more than 1~ consecutive
school days, preceding or current school year.
i6 - I9 - attending school. .and
at least tRO 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,
I6 - 21 - not attending cchc~ol (unexcused absence of at
least IS consecutive dRys) and meets one of the
.following requirements:
- at Ieast two grades belo~e performance in local
achievement test, or
- at -least one year behind in graduation credits, or
- assessed as chemically dependent.
21 - Over - .has less than id years public or non-public
education (beginning at age $),
- completed 10th grade, but has not graduated or
received a GED, and meets ~~ of the folloRins
requirements:
- eligible faz unemployment compensation or
exhausted benefits, or
- eligible for income maintenance and support
services, or
- eligible for any programs under Federal lobs
Training Partnership Act, Displaced Homemaker
Program, or Minnesota Employment & Economic
Development Program.
The Area Learning Center is open Monday through ~adnesday, 8 am to
8 pm; Thursday 8 am to 5;30 pm. and Friday 8 am to 4:3Q pm. No
classes arc 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 IS-20 students and 2 staff persons in the building.
•