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2017-08-23 Council Special Meeting Packet CITY OF MENDOTA HEIGHTS Mendota Heights City Hall 1101 Victoria Curve, Mendota Heights, MN 55118 ___________________________________________________________ SPECIAL PLANNING COMMISSION MEETING AGENDA August 23, 2017 – 6:00 p.m. 1. Call to Order 2. Roll Call 3. Public Hearing a. Consideration of an Interim Use Permit at 1340 Mendota Heights Road for Minnehaha Academy 4. Adjourn _______________________________________________________ SPECIAL CITY COUNCIL MEETING AGENDA August 23, 2017 To Immediately Follow the Special Planning Commission Meeting 1. Call to Order 2. Roll Call 3. Consider Resolution 2017-66 Approve Interim Use Permit for Minnehaha Academy 4. Adjourn Request for City Council Action MEETING DATE: August 23, 2017 – Special Meeting TO: Mayor and City Council, City Administrator FROM: Tim Benetti, Community Development Director SUBJECT: Resolution Approving an Interim Use Permit to Minnehaha Academy for Temporary High School Use in the I-Industrial Zone [Planning Case 2017-21] Introduction The City is asked to consider an Interim Use Permit to Minnehaha Academy, which would allow the temporary placement of their Upper School (9th thru 12th grade) students in the former Brown College site, located at 1340 Mendota Heights Road. Background In 2015, the City Council adopted an ordinance that allows interim uses by permit in certain zoning districts. The interim use designation allows an identifiable use for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner otherwise provided in the comprehensive plan or this code; or a use that is seasonal in nature. On August 23, 2017, this item will be presented before a Special Joint Meeting of the city’s Planning Commission and City Council. The item will be given first consideration under a public hearing by the Planning Commission, followed by final consideration and action by the City Council. A copy of the 08/23/17 staff report for Planning Case No. 2017-21, which contains an analysis, findings and staff recommendation, and a draft resolution of approval are appended to this memo. Discussion The City can use its legislative authority when considering action on an interim use permit request and has broad discretion; the only limitations are that actions must be constitutional, rational, and in some way related to protecting the health, safety and general welfare of the public. Budget Impact N/A CC Memo - Res. for Minnehaha Acad. IUP 08/23/17 [Planning Case 2017-21] Recommendation Upon the conclusion of the public hearing, the recommendation from the Planning Commission and adjournment of their meeting, the City Council will officially convene and take up this matter for final consideration and action. If the City Council receives a favorable recommendation from the Planning Commission, you may adopt RESOLUTION NO. 2017-66, APPROVING AN INTERIM USE PERMIT TO MINNEHAHA ACADEMY FOR TEMPORARY HIGH SCHOOL USE IN THE I-INDUSTRIAL DISTRICT, LOCATED AT 1340 MENDOTA HEIGHTS ROAD. Action Required This matter requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-66 RESOLUTION APPROVING AN INTERIM USE PERMIT TO MINNEHAHA ACADEMY FOR TEMPORARY HIGH SCHOOL USE IN THE I-INDUSTRIAL DISTRICT LOCATED AT 1340 MENDOTA HEIGHTS ROAD WHEREAS, Minnehaha Academy has applied for an Interim Use Permit, which would allow the temporary operation of a private high school located in the I-Industrial District, as proposed under Planning Case 2017-21, located in the former Sanford Brown College site of 1340 Mendota Heights Road, legally described in attached Exhibit A; and WHEREAS, the Mendota Heights Planning Commission conducted a duly noticed public hearing on this matter at a Special Meeting of August 23, 2017, whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended approval of the Interim Use Permit with certain findings of fact and conditions of approval as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that Interim Use Permit, which would allow temporary operation of a private high school located in the I-Industrial District, as proposed under Planning Case 2017-21, located 1340 Mendota Heights Road, is hereby approved with the following findings of fact: 1. The proposed temporary school use will not be detrimental to the health, safety or general welfare of the community, nor will cause serious traffic congestion nor hazards, nor depreciate surrounding property values. 2. The proposed interim school use conforms to the general purpose and intent of this code and comprehensive plan, including all applicable performance standards, provided all conditions are met and upheld by the property owners during the term of construction. 3. The date or event that will terminate the use can be identified with certainty. 4. The property on which the use will be located is currently in compliance with all applicable city code standards. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Interim Use Permit for Minnehaha Academy, and located at 1340 Mendota Heights Road, is hereby approved with the following conditions: 1. The interim use for this temporary school use is valid for up to two complete school year periods, starting from August 24, 2017 and terminating June 30, 2019. Res 2017-66 page 2 2. Any extension of this interim use permit beyond the June 30, 2019 expiration date must be submitted to the City of Mendota Heights at least sixty (60) days prior to this date, and approved by the City Council. 3. All new remodeling or interior work (including building, electrical, plumbing, heating/cooling and other related work must be submitted for standard building permit review prior to any work being started. Adopted by the City Council of the City of Mendota Heights this 23rd day of August, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST ________________________________ Lorri Smith, City Clerk Res 2017-66 page 3 EXHIBIT A Property Address: 1345 Mendota Heights Road, Mendota Heights MN PID: 27-48251-01-030 and 27-48251-01-020 Legal Description: Lots 2 and 3, Block 1, Mendota Heights Business Center 2nd Addition, Dakota County, Minnesota Planning Staff Report DATE: August 23, 2017 – SPECIAL MEETING TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2017-21 Interim Use Permit for Temporary 9-12th Grade School in the Industrial Zone APPLICANT: Minnehaha Academy / Mendota Heights Road LLC (Dan Schadegg) PROPERTY ADDRESS: 1340 Mendota Heights Road ZONING/GUIDED: I-Industrial / I- Industrial ACTION DEADLINE: October 13, 2017 DESCRIPTION OF THE REQUEST Minnehaha Academy is seeking an Interim Use Permit (IUP) for the property located at 1340 Mendota Heights Road. The IUP would allow for the temporary placement of Minnehaha Academy’s Upper School, or 9 - 12th grade at the former Sanford Brown College site. This interim use permit is being expedited due to the recent building disaster and collapse suffered by the school a few weeks ago at the main school site, located at 3100 West River Parkway, Minneapolis. The building is too damaged and structurally unsound for students and staff to use at this time, so other school sites or alternatives were explored by school representatives and staff. The former Brown College site was determined to be the best alternative for the school. This item is being presented under a duly noticed public hearing process. A notice of hearing on this item was published in the local South-West Review newspaper; and notice letters of this hearing were mailed to all owners within 350-feet of the affected parcel. No objections have been received by the city. BACKGROUND The former Brown College site consists of two separate legal parcels of 2.74 and 2.72 acres, or 5.46 acres total. The entire site is owned by Mendota Heights Road LLC (Mr. Dan Schadegg). The property contains an original designed office building of 56,650 sq. ft., which was leased and occupied entirely by Brown College as one of its metro wide college facilities up until June of this year. The site is bounded by Mendota Heights Road to the north, Enterprise Drive to the east, and Northland Drive to the south. Various industrial uses and office uses surround the site. Planning Case 2017-21 (Minnehaha Academy) Page 2 of 5 The building is currently set-up for a typical “college” or “business school” classroom arrangement. The vacated school space includes a dedicated library area; some science/lab rooms; a number of social/gathering spaces, including a large student lounge; and various sized office and administration spaces. The subject site contains up to 270 surface parking spaces. Minnehaha Academy has a total enrollment (PK – 12) of approximately 825 students. Of these, approximately 350 are enrolled in the 9-12th grades and would attend school at this temporary site. MA is seeking to lease the space for up to two years; however, due to the unknown schedule of re-opening or rebuilding the current Upper School facilities, the school may only need one school year under this interim use permit. ANALYSIS  Interim Use Permit Title 12-1L-6-1 of the City Code includes the following standards for consideration of an interim use (Staff response or comments are noted after each standard): A. The proposed use will not be detrimental to the health, safety or general welfare of the community, nor will cause serious traffic congestion nor hazards, nor will seriously depreciate surrounding property value. Staff Response: The proposed interim use permit at the subject location would not be detrimental to the health, safety and welfare of the community, as an upper level grade school in this location should hopefully function or operate very similar to the previous Brown College use. The City anticipates that traffic levels, even without an official traffic study or report, will more than likely be less than what was evident or experienced when Brown classes were in full session, due in part to the high number of individual students that likely drove to Brown College, as opposed to the typical high school students who will be bused in or the limited number of upper grade students who are allowed to personally drive to the school. Planning Case 2017-21 (Minnehaha Academy) Page 3 of 5 A school typically has an early morning and mid-afternoon peak hour or traffic. (Note: the MA website indicates school hours from 8:35 am to 2:55 pm, which we assume will stay the same under this temporary school location). The temporary school site has access points from all three abutting roadway systems, so there should be no reasons for traffic to back-up or experience delays along these systems. Staff does not believe that these peak travel movements by the school buses or parent/student drivers, will cause any negative impacts to the existing traffic in this industrial based area; nor pose a threat to the surrounding business/uses. City Code requires all schools, including high schools, to provide at least 1 space for each 7 students, plus 1 space for each 3 classroom. MA reps have indicated that Minnehaha Academy will serve up to 350 students at this location. This count would mean that 50 spaces would be required, plus the spaces attributed to the number of classrooms. Based on planning staff’s general observation of the proposed interim school facility, there appeared to be well over 30 or more classrooms inside the building. From this estimation, the number of additional spaces would increase to 10 spaces, or 60 total. With the site encompassing over 270 spaces, there does not appear to be any concern or need for providing additional parking for this school site; and staff will be satisfied that the school’s parking needs and student drop- off areas will be met or served completely on the site. B. The proposed use conforms to the general purpose and intent of the city code and comprehensive plan, including all applicable performance standards, so as not to be in conflict on an on-going basis. Staff Response: City Code Title 12-1L-6-1 Interim Uses states that “…an interim use is allowed for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner otherwise provided in the comprehensive plan or this code; or a use that is seasonal in nature.” As indicated previously, the subject site is located in the Industrial Zone. Public/Parochial schools are typically located and permitted uses in single family residential districts in most communities, and this is evident today with all public and private schools in the City, where all schools are situated in the R- 1 One Family Residential district. Conversely, “Colleges, universities, or postsecondary, skill based educational institutions which offer programs that award certificates, degrees, or certified training to full and/or part time students” are permitted uses under the Industrial Zone. The former Brown College use (and the adjacent Le Cordon Bleu cooking school) functioned and operated very successfully for a number of years within this Industrial zone. The fact that the Industrial zone would allow and support an “educational use” such a college or university, the same may be accorded to a higher grade level [high] school that Minnehaha Academy is proposing. The concern of allowing this high school use is greatly tempered by the fact this use will be temporary (two years – possibly just one); so the possibility of this use becoming long-term or permanent is not possible or would be supported under this interim use permit approvals. Therefore, it is Staff’s belief that proposed interim use at this location conforms to the general purpose and intent of the city code and comprehensive plan, including all applicable performance standards, so as not to be in conflict on an on-going basis. C. The date or event that will terminate the use can be identified with certainty. Staff Response: The Applicants have indicated the temporary school use would be for at least a one- year period, but wish to have an optional/additional year just in case. This optional year will depend on the final outcome or findings of the damaged Upper School facility, and whether or not MA can rebuild the damaged facility, or fully rebuild the Upper School facility. D. Permission of the use will not impose, by agreement, additional costs on the public if it is necessary for the public to take the property in the future. Staff Response: Staff believes the subject property is a well-established, well maintained commercial/office use in the Industrial Park, and we see no reason the City would ever be burdened by Planning Case 2017-21 (Minnehaha Academy) Page 4 of 5 any additional costs or expected need to take over this property in the future. The temporary occupancy of this site by Minnehaha Academy will be brief; and we anticipate other permitted uses will be able to re-use or establish this site once Minnehaha Academy has vacated the premises. E. The user agrees to any conditions that the city deems appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing an interim use and any structures upon expiration or revocation of the interim use permit. Staff Response: This report provides certain conditions that will be imposed upon the Applicant as part of any interim use permit approval on this subject site. Most of these conditions are very reasonable; and Staff does not have any reason to believe Minnehaha Academy and/or the owners will not comply or follow these conditions as part of any approvals related to the permit. Staff has not discussed or offered to negotiate any financial surety at this time with the Applicants, and does not feel any surety is warranted at this time. Unless the Planning Commission and City Council determine otherwise, a recommendation or condition could be imposed that would require the Applicants to submit said financial surety. F. The use will not delay anticipated development or redevelopment of the site. Staff Response: To the best of our knowledge, Staff is not aware of any other long-term plans to sell or offer this site for development by its current owners; so approval of this interim use permit should not affect or cause any delay to any anticipated development, since there is nothing else planned at this time, except for the proposed interim school use. G. The property on which the use will be located is currently in compliance with all applicable city code standards. Staff Response: To the best of Staff’s knowledge, the subject property on which the use will be located is currently in compliance with all applicable city code standards. The Community Development Director and Fire Marshal inspected the site on 08/10/2017, and found the former Brown College classrooms and layout in remarkably good shape and condition, and determined some inspections of the fire sprinklers were warranted and some additional exit door lighting was needed. Other issues may be needed depending the scope of work involved by Minnehaha Academy to quickly remodel and prepare the site in a few short days for the incoming students. Minnehaha Academy and the property owners have been informed that any interior work must be done under building permits. H. The use is allowed as an interim use in the applicable zoning district. Staff Response: The specific interim use requested by Minnehaha Academy is not specifically identified as an allowable use under the I-Industrial zone; however, the interim use ordinance (and in accordance with State Law), provides for limited/seasonal allowance of certain uses, provided they are reviewed and given full consideration by the Planning Commission under the standard public hearing process, and approved by the City Council. The use must also meet certain standards as noted herein; fulfill the conditions as prescribed by the City; and said use or operations must cease upon the approved deadline date. ALTERNATIVES 1. Recommend approval of the interim use permit request, based on the findings of fact that the proposed temporary school use complies with the policies and standards of the City Code and is consistent with the Comprehensive Plan, with conditions; 2. Recommend denial of the interim use permit request, based on the findings of fact that the proposed temporary school use is not in compliance with the City Code and is inconsistent with the Comprehensive Plan; or Planning Case 2017-21 (Minnehaha Academy) Page 5 of 5 3. Table the request – and allow this item to be brought back for additional review at a designated (future) meeting. STAFF RECOMMENDATION Staff recommends approval of the interim use permit request from Minnehaha Academy for the temporary school use and at the subject location, based on the findings of fact that the proposed project complies with the policies and standards of the City Code and is consistent with the Comprehensive Plan, with the following conditions: 1. The interim use for this temporary school use is valid for up to two complete school year periods, starting from August 24, 2017 and terminating June 30, 2019. 2. Any extension of this interim use permit beyond the June 30, 2019 expiration date must be submitted to the City of Mendota Heights at least sixty (60) days prior to this date, and approved by the City Council. 3. All new remodeling or interior work (including building, electrical, plumbing, heating/cooling and other related work must be submitted for standard building permit review prior to any work being started. FINDINGS OF FACT FOR APPROVAL Request for Interim Use Permit to Minnehaha Academy 1340 Mendota Heights Road The following Findings of Fact are made in support of approval of the proposed request: 1. The proposed temporary school use will not be detrimental to the health, safety or general welfare of the community, nor will cause serious traffic congestion nor hazards, nor depreciate surrounding property values. 2. The proposed interim school use conforms to the general purpose and intent of this code and comprehensive plan, including all applicable performance standards, provided all conditions are met and upheld by the property owners during the term of construction. 3. The date or event that will terminate the use can be identified with certainty. 4. The property on which the use will be located is currently in compliance with all applicable city code standards.