Loading...
HomeMy WebLinkAboutNovember 13, 2002PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING NOVEMBER 13, 2002 7:00 PM The meeting was called to order at 7:00 pm by Commission Chair, Tom Ramsdell. Roll Call: Commission Members present-Yehle, Ericson, Schmitt, and Ramsdell. Commission Members absent - Johnson Also preSent were Tim Johnson (City Planner), and Shelley Hanson (Secretary). Motion by Yehle, second by Ericson, to approve the minutes from the meeting of September 3, 2002. All ayes. MOTION PASSED. PUBLIC HEARINGS Case #: ' 2002-1109 4350 Central Ave Conditional Use Permit Northeast Metro 916 A request has been made for a Conditional Use Permit to establish an Area Learning Center in the existing Walgreen's space in the Mall located at 4350 Central Avenue NE. The applicant is currently in discussions for leasing the space now occupied by Walgreen's. The property is zoned GB, General Business. The surrounding properties are zoned commercial and residential. Site Plans for this site were previously approved to allow for a fueling center and a multi-tenant retail facility in the front parking lot in 2001, but the facilities have never be built. Linder's Greenhouses applies annually for a conditional use permit for a seasonal greenhouse. Staff believes an Alternative School most closely resembles, in use, a public or private K-12 school. As such, this type of establishment is not a permitted or conditional use in the General Business District (Section 9.1005). Vocational, Business, Performing, Visual, and Martial Arts are listed as permitted uses in the General Business District. However, the zoning ordinance does provide the Zoning Administrator the ability to determine if uses not permitted, conditional or accessory, are appropriate and compatible with the district. Section 9.10002(6) General Provisions-Prohibited Uses, reads as follows: "Any use not listed as either permitted, conditional, or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional, or accessory shall be prohibited in that district." In determining if the proposed use is substantially similar, the Comprehensive Plan and Zoning Ordinance provide the following guidance. The Comprehensive Plan states the City's goals are to: 1. Preserve and enhance the existing commercial areas within the community. (pg. 8) 2. Enhance the economic viability of the community. (pg 10). PLANNING & ZONING MINUTES MEETING OF NOVEMBER 13, 2002 PAGE 2 The Zoning Ordinance states, "commercial districts are established to provide for a wide range of goods and services in locations throughout the community; provide employment opportunities; and enhance the livability of the community by providing convenient access to goods and services." Furthermore, the Zoning Ordinance states in part that, "The purpose of the General Business District is to provide appropriate locations for general retail sales, services, and other commercial development that benefit fi-om their proximity to other commercial uses." The Zoning Ordinance also identifies specific development standards that apply to Schools, K-12 in Section 7; 9.701 (3) Page 7-20. The standards are met by the proposed use of the site. The applicants have requested a conditional use permit to allow for what they believe is a similar use to the other uses in the district. Staff has reviewed the application and has the following comments: *The Learning Center proposed is a very vital community program. However, staff believes this use is not substantially similar to permitted or conditional uses in the GB District. *K-12 School Programs are currently allowed by conditional use permit in Residential Zoning Districts. School District 916 believes Area Learning Centers can best survive and have success when located in non-traditional settings such as Retail Centers. *There are several Area Learning Centers located in commercial space around the Twin Cities area with the most comparable locations being the Mahtomedi Alternative Learning Center and the ALC in Champlin. *Several staff members had a chance to visit the Mahtomedi ALC and learn about its programs. Staff was impressed with the facilities, anal the Learning Center appeared to blend in well with the surrounding commercial environment. The parking requirements would require 43 spaces at the mall site. Currently Walgreen's requires approximately 40 spaces, so this change in use would have virtually no impact as the lot has space for 627 vehicles. The current Walgreen's space is approximately 12,000 square feet in size, and Metro 916 intends to revamp and redesign the interior of the building to meet its needs. They are not proposing any structural changes, and would be adding temporary walls that can be easily adjusted or removed to accommodate changing needs. In summary, although the ALC will provide a reuse for a soon to be vacant retail space, and is a beneficial and well-established program that is important to serving the needs of area students. However, the ALC does not meet Comprehensive Plan land use and economic development goals. It also does not meet the intent of the General Business zoning district. And the fact that it is to be located next to the City Liquor Store also raises some concern. According to these guides, this does not seem to be the best site for this type of establishment. Therefore, staff recommends denial of the Conditional Use Permit for the proposed Area Learning Center for Northeast Metro School District 916 at the 4350 Central Avenue NE site for the following reasons: · Public and private schools (K-12) are not listed in the Zoning Ordinance as either a permitted or conditional use in the General Business District and are only allowed by conditional use permit in the residential districts. PLANNING & ZONING MINUTES MEETING OF NOVEMBER 13, 2002 PAGE 3 An area Learning Center is not a substantially similar or compatible use with the other uses in the district as determined by the Zoning Official under the guidance of the Zoning Ordinance and the Comprehensive Plan. The Commission members asked several questions of those in attendance regarding this issue. Commissioner Ericson asked whether other locations had been considered. Pat Flynn, Attorney representing District #916, stated that they had considered the Buy n Save location in the 40th Avenue Mall and the Menards site on 53rd and Central. They had also looked at the old Honeywell building on 39th Avenue. For various reasons, these sites did not work out. Commissioner Yehle asked about the alternative program, the students that attend the center, the age group of the students, and the area where the majority of the students come from. Mr. Seday, Manager of District #916, explained the concept and structure of the program. He and his staff summarized the average daily routine of a student enrolled in the program. Some students attend classes in 4 time blocks a day, others attend vocational training, others attend post secondary college classes, and some are in the on the job training program. He explained the reasons students attend this facility compared to traditional schools, and that approximately ~ of the students are from this school district. He said the majority of the students are 16-19 years old, with a few being middle school age. He said these students are at risk, and do not perform well in traditional school settings for a variety of reasons. Intermediate District 916 and School District #13 are pooling their resources to provide these services. District #916 will mn the ALC program and as an intermediate school district, they are not held to the same limitations as smaller, traditional school districts. Therefore, they can provide this type'of service that smaller districts cannot afford to. Commissioner Schmitt asked whether this is the same program that has been housed at the high school. It was explained that yes, the program has been at the high school for a number of years with about 93 students enrolled presently, but that they have a waiting list of 30 more that they cannot accommodate at this time due to lack of space. With educational needs changing, more room is required for technology related classes and equipment, and to meet the requirements of those requiring special education or special needs. Mr. Flyrm explained they have other ALC located in retail malls and that this setting seems to work well. This is a chosen site that would meet the transportation of and travel time for students and their families. He stated that it would have been desirable to have started this several months ago as they would have liked to use the facility for this school year. Remodeling will need to take place and they wish to get started as soon as possible. It will look good and be kept clean. The property will remain a taxable parcel and would continue to generate tax dollars to the city. It will be used 12 months of the year and has activity from approximately 7 am to 8 pm daily. Parking should not be an issue as students come and go at various times, so the number of students at the facility at one time is staggered throughout the day. PLANNING & ZONING MINUTES MEETING OF NOVEMBER 13, 2002 PAGE 4 Commissioner Yehle asked whether they would consider expanding in the future as the City Liquor Store may be moving and the Rainbow Foods could be closing depending on the outcome of the sale of that entity. Mr. Seday responded that they are not looking to grow. This space is as large as they want to go. They were looking for a site of approximately 10,000-12,000 sq. ft. and this location of 12,000 sq. ft. fits the bill. Commissioner Schmitt said she has looked at the Capital View location on Rice Street and that it is located in an old school. She inquired how much of the school they use for their center. Mr. Seday explained they only use the area where the old swimming pool had been located. She then asked about transportation and childcare needs of the students. Nancy Kaldor, Superintendent, stated the Community Education Program would continue to provide day care services to students that need it, at the High School Day Care Facility. There are cun'ently 10 children attending that facility, with a capacity of 15. Commissioner Ericson acknowledged that this is a needed program and that the commission as a whole supports the efforts of the School District to find a new location and that a site away from the traditional school setting may be desirable. But she explained that the job of the commission is to look at what's best for the city as a whole and to stick to a plan regarding any future development or businesses that the city may want to attract. She also stated they must trust staff's recommendations and the research they do on each case. Commission Chair Ramsdell also sees a need for this program, but had concerns regarding this particular site. He said he has a problem with the ALC being located next to a Liquor Store, and that some of the students could be of age to purchase liquor. As the Zoning Ordinance does not allow this use in this zoning district, he hates to set precedence by allowing an exception. Another 6ption would be to change the ordinance which takes up to 60 days. He went on to explain that the Commission is only a recommending body to the Council and the City Council has the final say and could decide not to act in accordance with the recommendation. School Board Member, Jan Ostezeski, stated she felt the purpose of a Conditional Use Permit was to allow exceptions for discretionary situations such as this. She further explained the needs and success of the program. Students do well in the shorter time frames established to accomplish goals than the traditional semester time blocks. School Board Member, Tammy Schmidt, agreed and said the talents of our young people need to be tapped and they need guidance while they make decisions about their futures. She felt this was better for the whole community than to allow these students to fall between the cracks. School Board member, Keith Roberts, discussed the viability of the commercial property surrounding this site. He felt the students and their parents would help bring traffic and business to the mall and surrounding area. Mr. Flynn, attorney, said he did not think the Zoning Ordinance forbids this type of use. He felt similar uses are listed as acceptable ifa conditional use permit was granted. He felt it is arbitrary language that could be argued, and that the commission should help the School District who is just trying to help the community and serve its citizens. Commissioner Ericson disagreed with Mr. Flyrm. She stated the commission is not denying the students and is not denying a conditional use. She went on to explain again that the commission must do what is best for the city based on the current ordinances, plans, and recommendations. PLANNING & ZONING MINUTES MEETING OF NOVEMBER 13, 2002 PAGE 5 If a conditional use permit is granted, it may prohibit other uses from locating there because they could not locate next to a school (i.e. a restaurant/bar), which is normally an acceptable use in that zoning district. Commissioner Schmitt has concems with possible loitering and being next to the Liquor Store also. After some discussion whether other sites in the area may be more acceptable it was decided to pursue that idea. Motion by Ramsdell, seconded by Yehle to table this issue until the meeting of December 3, 2002, and to coordinate a meeting in approximately two weeks to come up with alternative sites if possible. All ayes. MOTION PASSED. NEW BUSINESS There was no other new business. MISCELLANEOUS Planner Johnson had enclosed several articles of interest to the commission members in the agenda packets. Zoning News Article-Regarding Garages and how cities are dealing with the need for larger structures and the impact on the restrictions and setbacks for these structures. Northstar Corridor Update-This was the latest news as of October 25, 2002, regarding the project. 60-day Rule-An informational article regarding the 60-day statute that sets a time limit for certain land use decisions. There have been recent cases that have been brought before the courts and how the decisions affect cities. There was a short discussion about some of the redevelopment possibilities in the city. Several sites are being looked at and are being considered, but nothing concrete as of this date. Motion by Yehle, seconded by Schmitt to adjourn the meeting at 8:50pm Respectfully submitted, Shelley Hanson Secretary