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HomeMy WebLinkAbout03 14 2011 PC Meeting MinutesPlanning Commission Meeting Minutes March 14, 2011 PLANNING COMMISSION MINUTES MONDAY, MARCH 14, 2011 Call to Order: Chairman Fleming called the March 14, 2011, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Roszak, Perez, Billington, Fleming and Howley, Community Development & Natural Resources Director Danette Parr, Planner Jeff Matzke and Development Services Assistant Joe Sortland. 2. Approval of Agenda MOTION BY BILLINGTON, SECONDED BY HOWLEY TO APPROVE THE MARCH 14, 2011 MEETING AGENDA AS PRESENTED. VOTE: Ayes by Howley, Billington, Fleming, Perez and Roszak. The motion carried. 3. Consider Approval of January 10, 2011 Meeting Minutes: MOTION BY BILLINGTON, SECONDED BY HOWLEY TO APPROVE THE JANUARY 10, 2011 MEETING MINUTES AS PRESENTED. VOTE: Ayes by Howley, Billington, Fleming, Perez and Roszak. The motion carried. 4. Public Hearings A. No public hearing is schedule. 5. Old Business: A. None 6. New Business: A. #EP 11 -103 Fountain Hills Charter School. Charter School Property Solutions has submitted an application for a concept plan for the property located at 4385 Fountain Hills Drive NE. The concept involves possible scenarios to allow a charter school in an existing building in the C -2 (General Commercial) Zoning District. The property is located south of County Road 42 and west of Pike Lake Trail NE, in the Fountain Hills development. Planner Matzke presented the concept plan for Aspen Community Charter School. The land use for the property is currently Community Retail Shopping (C -CC) and the current zoning is General Commercial (C -2). The site was formerly a warehouse /showroom and is now vacant. The concept plan includes a gym, classrooms and offices. An amendment to the Comprehensive Plan would be required followed by a zoning change of the property to allow for a charter school on the subject property, or an ordinance amendment to allow for the requested use, as an educational use is currently not permitted in the commercial zoning district per the city code. Kou Vang, JB Realty, representative for Aspen Academy, presented himself. L: \11 FILES \11 PLANNING COMMISSION\11 MINUTES\MNO31411.doc Planning Commission Meeting Minutes March 14, 2011 Cynthia Sherar, Director Aspen Academy, presented herself. She stated that Aspen Academy is a quickly expanding charter school which currently has 280 students. Jeff Reistad, Board Chair for Aspen Academy, presented himself. Vang stated that this process began 2 years ago when Aspen Academy realized they could not expand their current site. They are currently located in Prior Lake and wish to remain in Prior Lake as they expand, as their students' families live in the area. They found that the Fountain Hills site to be conducive to their Academy's needs. The building, should plans be approved, would have classrooms, computer labs, art rooms, music rooms, kindergarten, offices, bathrooms, a multi - purpose gym /cafeteria, and a kitchen, however, no food will be cooked on site. With the exception of removing two of the entrances, there is no proposed exterior work. The materials used for removing the entrances will match the existing building materials. The building is sprinkler ready. Questions from the Commissioners: Howley asked if the Academy has bus service. Vang answered that all the students are dropped off by parents. Howley asked how large of an increase Aspen Academy is expecting. Vang answered that the Academy is expecting to increase by 1.5 times and in six to seven years the Academy will reach maximum growth. Howley asked what their plans would be then following maximum growth. Vang answered that Aspen Academy is charted up to 8 grades. The school would expand to a high school following maximum growth, which involves a separate charter. Howley asked how they would lease or purchase the building. Vang answered that Charter School Solutions would assist Aspen Academy with leasing and renovating the subject building. This would be Charter School Solution's first school in Minnesota. The company would pay property taxes as if it were a business. Billington asked how the school year is structured. Vang answered that the school year mirrors a public school. He stated that charter schools are funded through the Minnesota Department of Education, only they are for - profit, but they must meet State guidelines and statutes. Another distinguishing aspect is that charter schools are not held to the bureaucratic guidelines of the public school education system which allows them to react faster to any pressing needs. Billington asked if the difference with public schools would be a proactive innovation. Vang answered that is correct. Billington asked how much staff they have. Vang said Aspen Academy currently 25 employees and expansion would allow 30. L: \11 FILES \11 PLANNING COMMISSION\11 MINUTES\1\4NO31411.doc Planning Commission Meeting Minutes March 14, 2011 Billington asked if they have any concerns with the proposed area. Vang answered that with the Fountain Hills location they do not, whereas they were concerned about the industrial area adjacent to another site they considered in the Prior Lake /Savage area. Perez asked how many of the 266 students live in the Prior Lake - Savage School District 719. Sherar answered they have 136 families, 217 children from School District 719. Perez asked who the sponsor for Aspen Academy is. Sherar answered Friends of Education — they currently sponsor 17 charter schools in Minnesota. Roszak asked if all the students are dropped off at the same time. Sherar said she has experience with traffic planning and the students are dropped off in a 15 minute time frame. Carpooling and bussing is an issue that they leave open to the parents of their students. Roszak asked where they are currently located. Cynthia answered that they are currently located in Bethesda Church, as charter schools are not permitted to own property. Roszak stated his support for the charter school concept plan. Fleming asked about Aspen Academy's timeframe. Vang answered that they are on the fast - track. Their lease with Bethesda Church is coming due and they would like to start construction sometime April or early May with completion by August. If Aspen Academy does not meet their timeframe they must stay at the current location. Fleming asked what their plan is to maintain a positive enrollment given the state funding situation. Sherar answered that test scores are the primary asset to Aspen Academy's growth, given that charter schools do not have a lot to back their reputation. She stated that their growth can also be contributed to word of mouth, and that their 4 th grade reading test scores were the highest in the State. Fleming asked about a playground for the students. Vang answered that there is a proposed playground on the south side of the site. He stated that there is a significant berm on the south side which offers an adequate physical barrier for a playground to be located between the existing high density residential and the proposed building for the charter school. Fleming asked about the 0% Native American enrollment at Aspen Academy, given that the Shakopee Mdewakanton Sioux Community is located within Prior Lake. Sherar answered that she has met with members of the Shakopee Mdewakanton Sioux Community to discuss opportunities between the two parties. This is an issue that has been noticed and is in the beginning stages for Aspen Academy. Fleming asked Matzke about the timeline for rezoning in relation to Aspen Academy's options. L: \11 FILES \11 PLANNING COMMISSION\11 MINUTES\1\4NO31411.doc 3 Planning Commission Meeting Minutes March 14, 2011 Matzke answered that a comprehensive plan amendment and rezoning request has to go in order and also be reviewed by the Met Council. Each process could potentially take a couple months depending on how quickly the Met Council approves the land use change. He said that the timeline will be quite tight given the Academy's current leasing situation. Also contingent on the timeline is the review of building plans required for the renovation. Comments by Commissioners: Howley stated that a negative point is the tax situation, but that it sounded like the City may not lose any tax money according to Aspen Academy representative. The only other negative point was that the remaining vacant parcels would be limited from selling liquor, and that the ordinance amendment option would be the viable option for allowing a charter school to be a permitted use. The backbone of a community is a school, and that it would be unwise to not assist a growing school. Turning from Pike Lake Trail onto County Road 42 can be difficult and the traffic situation could be improved with a traffic light. Parr stated that the Charter school is currently located in the Savage city limits, despite the property having a Prior Lake mailing address. Parr stated even though the charter school may not own the land, they may still be exempt from property tax. It is not possible to determine if the charter school will or will not pay property tax. Parr also stated that the request going before the Planning Commission is simply a concept, and that site plan, traffic studies, and more detailed review of the proposed uses as they related to the city ordinances is required. Billington stated that the concept allows for an enhancement of education opportunities. The way in which charter school operates allows for a proactive environment, and the quality of life would be improved with this concept. Safety is of little concern given the nature and operation of schools and did not think there would be a negative impact on the neighborhood. Its location next to the residential is also an asset. A negatives point would be the tax base question. The method in which the building would be leased would hopefully assist the City with taxable property. Billington didn't believe that the charter school would be a detractor for the development of the remaining vacant Fountain Hills properties. It would fit in with the Comprehensive and Strategic Plan and he would support the concept. Perez asked Matzke if the church on the east side of Pike Lake Trail is within 300 feet of the commercial area along Fountain Hills Drive. Matzke answered that it is only within 300 feet of the current gas station site at 4460 Fountain Hills Drive. Perez stated that more education options are an asset for the City and that the building appears to be appropriate for Aspen Academy's needs. Obtaining a tenant for the vacant building would be an additional asset for the community. A negative aspect is that the proposed use is not commercial, as it is currently zoned. The 2030 plan involved an extensive amount of work to assure properties were provided zone and land use designations appropriate for the site. The ambiguous property tax situation is a concern, as well as the existing traffic conditions. Roszak stated that he is concerned about the tax property situation and that the increase in traffic would be an issue, but that these issues could be addressed with more information and studies. Roszak stated that he supports the use of the building as a charter school and the proposed concept. L: \11 FILES \11 PLANNING COMMISSION\11 MINUTES\MNO31411.doc Planning Commission Meeting Minutes March 14, 2011 Fleming stated that he agrees with his fellow commissioners and that he supports the concept. He stated that there needs to be a full- understanding of the tax property issues, and encouraged the application to work with the city for a smooth transition. Perez stated that he believed a comprehensive plan amendment would be the most appropriate option, rather than an ordinance amendment. Billington asked about the typical school day for Aspen Academy. Sherar answered the students are dropped off from 8:10 -8:30 AM, teachers are outside unloading cars. Aspen Academy caters to kindergarten thru 5 th grade. Classes involve math, reading, art, music, physical education and Spanish. The school provides lunch and before and after school programs such as drama and chess. The students are taught about other cultures and also attend field trips. Aspen Academy has a class size limit of 22 students. The students go home at 3:30, however, before and after school programs allow students to come as early as 7 AM and stay until 5:30 PM. Billington asked about their website. Sherar answered: www.aspenacademvmn.org Fleming asked if Matzke or Parr need any guidance on the options. Parr asked the Planning Commission to clarify that Option 1 was the preferred option. Fleming asked the Planning Commissioners if anyone opposed Option 1. No Planning Commissioners opposed Option 1. Vang stated that they currently have 13 classrooms and the new site would provide them with 26 classrooms. Vang said that they are full at their current site. Vang stated he has discussed the process with staff, but asked, given the timeline, if there were any possibilities for an interim process. Fleming asked if there is a practice of proceeding with building permit approvals or construction prior to comprehensive plan change approval. Parr answered that she is not familiar with similar previous experiences. She did not believe that Planning Department could sign off on any kind of building permit prior to approval. Parr stated that the publishing period for the March 28 Planning Commission meeting has passed. Fleming asked if there is any dialogue with the City Attorney to accommodate the scenario. Parr answered that staff would discuss the situation with the City Attorney. Howley asked if the charter school can submit a building plan, but Certificate of Occupancy be withheld until a comprehensive plan amendment be approved. Parr answered that Planning cannot sign off on a building permit if it is not in compliance with the zoning ordinance. Perez asked if the concept will be going before the City Council. Parr answered that the concept will be going before the City Council on March 21 st, 2011. L: \11 FILES \11 PLANNING COMMISSION\11 MINUTES\MNO31411.doc Planning Commission Meeting Minutes March 14, 2011 7. Announcements and Correspondence: Parr stated that the Planning Commission will be meeting on March 28 2011 to discuss an ordinance amendment and the results of charter school conversations. 8. Adjournment: The meeting adjourned at 7:10 p.m. Joe Sortland, Development Services Assistant L: \11 FILES \11 PLANNING COMMISSION\11 MINUTES\MNO31411.doc