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CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 25, 2013
AGENDA #: 5J
PREPARED BY: JEFF MATZKE, PLANNER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING AN
EXTENSION OF AN INTERIM USE PERMIT FOR AN ALTERNATIVE
SCHOOL
DISCUSSION: Introduction
The purpose of this item is to consider a request from Independent School
District #719 to extend the current Interim Use Permit for the Bridges Area
Learning Center at the Northgate Center commercial site located at 15875
Franklin Trail SE.
Histo
Independent School District 719 representatives approached the city in
2008 to discuss the concept of an alternative learning center. They know
that a certain percentage of their students were opting to drop out of school
since the traditional classroom was not conducive to their learning style.
City code, at the time provided that schools were a permitted use in the
residential zone but not commercial zones.
The commercial building adjacent to Westwood School had been
constructed but was not leased out. The thought was that the city's
inventory of commercial property could be preserved but the school would
be able to find a temporary home for the alternative learning center through
an interim use zoning concept where the interim use could be authorized
by the city council for a maximum of two five year periods.
On July 20, 2009 the City Council approved resolution 09-099 approving
an Interim Use Permit for the Bridges Area Learning Center as an
Alternative School Land Use for a maximum of five years (July 20, 2014).
An "Interim Use" is defined as a temporary use of property until a particular
date, until the occurrence of a particular event, or until zoning regulations
no longer permit it.
Current Circumstances
An Alternative School is permitted with an Interim Use Permit in the C-2
district, subject to the following conditions:
1102.1104 (1) Alternative School. Conditions:
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
a) A student transportation and parking plan shall be submitted
demonstrating that parking needs will be met for all tenant space.
b) An adult over the age of 21 shall be on the premises during hours
of operation in a supervisory capacity.
c) A pedestrian plan shall be provided in order to maintain vehicular
and pedestrian safety.
d) Outdoor areas intended for group activities shall be located at least
25 feet from any lot in an "R" Use District and shall be buffered from
such residential lot with a buffer yard, Type C as described in
Subsection 1107.2005.
ISSUES: Section 1108.200 of the City Code sets forth the general criteria utilized to
for an Interim Use Permit. Subsection 1108.1002 states the following:
1108.1002 (8) Permit Extension. The City Council shall have the right to
extend the termination date for such additional periods as
are consistent with the terms and conditions of the original
permit, but in no event beyond ten (10) years.
Therefore, the request ISD #719 to extend the Interim Use Permit an
additional 5 years could be permitted until July 20, 2019 but no further than
this date (10 years from issuance of the permit) unless the code were
otherwise modified.
The addition of the alternative school increases vehicular and pedestrian
traffic to local area businesses. Our records do not identify any unusually
high number of vehicular or pedestrian accidents that might be expected
where large numbers of students congregate near higher volume streets.
While there were concerns expressed by some businesses about students
congregating, graphite and littering a year ago, there have been no such
claims in 2013.
FINANCIAL According to the building owner, the lease payments include payment of
IMPACT: property taxes. The school district has previously confirmed that they have
not sought a waiver from this obligation. Accordingly, this facility will
continue to generate property taxes for city, county and school district.
ALTERNATIVES: 1. Adopt a resolution approving the extension to the Interim Use Permit
approved per Resolution 09-099 for an additional five years through July
20, 2019.
2. Deny the extension request for the Interim Use Permit with supportive
findings of fact.
3. Defer consideration of this item and provide staff and the applicant with
specific direction
RECOMMENDED Adopt a resolution approving the extension to the Interim Use Permit for
MOTION: an additional five years.
ATTACHMENTS: 1. City Council Resolution 09-099
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RESOLUTION 13-xxx
A RESOLUTION APPROVING AN EXTENSION TO AN INTERIM USE PERMIT FOR AN ALTERNATIVE
SCHOOL IN THE GENERAL BUSINESS (C-2) USE DISTRICT
Motion By: Second By:
WHEREAS, On July 20, 2009 the City Council approved Resolution 09-099 approving an Interim Use
Permit to allow an Alternative School on a property zoned General Business (C-2) Use District
at the following location, to wit:
15875 Franklin Trail SE, Prior Lake, MN 55372
That part of the East 140.00 feet of the Southwest %4 of the Southwest'/4 of Section 36,
Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at a point
on the East line of said Southwest 1/3 of the Southwest'/4 distant 778.78 feet North of the
Southeast corner thereof; thence Westerly parallel to the South line of said Southwest'/4 of the
Southwest'/4 a distance of 140.00 feet to the West line of said East 140.00 feet; thence
Southerly along said West line to the North line of the South 301.70 feet of said Southwest'/4
of the Southwest'/4; thence Easterly along said North line to the East line of said Southwest'/4
of the Southwest'/4; thence Northerly along said East line to the point of beginning, according
to the United States Government Suroey thereof and situate in Scott County, Minnesota.
WHEREAS, The approved Interim Use Permit has a current expiration date of July 20, 2014.
WHEREAS, ISD #719 has requested an extension of the Interim Use Permit for an additional 5 years.
WHEREAS, Section 1108.1102 (8) of the Prior Lake Zoning Ordinance permits the City Council to extend
the termination date of an Interim Use Permit up to a maximum of ten years.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Interim Use Permit is hereby extended an additional five (5) years from July 20, 2014 to July 20,
2019 with the same conditions applying to the use as defined in City Council Resolution 09-099.
PASSED AND ADOPTED THIS 25� DAY OF NOVEMBER, 2013.
YES NO
Hedber Hedber
Keene Keene
McGuire McGuire
Morton Morton
Souku Souku
Frank Boyles, City Manager
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'� ` RESOLUTION 09-099
A RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW AN ALTERNATIVE SCHOOL
IN A C-2 (GENERAL BUSINESS) USE DISTRICT
Motion By: Millar Second By: Hedberg
WHEREAS, ISD #719 is requesting an Interim Use Permit to allow an Alternative School on a
property zoned C-2 (General Business) Use District at the following location, to wit;
15875 Franklin Trail SE, Prior Lake, MN 55372
That part of the East 140.00 feet of the Southwest %4 of the Southwest'/4 of Section 36,
Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at
a point on the East line of said Southwest 1/3 of the Southwest %4 distant 778.78 feet
North of the Southeast corner thereof; thence Westerly parallel to the South line of said
Southwest'/4 of the Southwest'/4 a distance of 140.00 feet to the West line of said East
140.00 feet; thence Southerly along said West line to the North line of the South i,
301.70 feet of said Southwest %4 of the Southwest'/4; thence Easterly along said North
line to the East line of said Southwest % of the Southwest'/; thence Northerly along
said East line to the point of beginning, according to the United States Government
Survey thereof and situate in Scott County, Minnesota.
WHEREAS, The Planning Commission reviewed the application for an Interim Use Permit as
contained in Case File 09-120, and held a public hearing thereon on July 13, 2009; and
WHEREAS, The Planning Commission concluded the Interim Use Permit was consistent with the ''
criteria set forth in Section 1108.1100 of the Zoning Ordinance, and recommended
approval of the Interim Use Permit subject to conditions; and
WHEREAS, The City Council reviewed the application for an Interim Use Permit, the information
contained in Case File 09-120, and the criteria and conditions set out in the Interim Use
Permit.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council finds that the requested variance is consistent with the criteria set forth in Section
1108.1100 of the Zoning Ordinance, subject to conditions.
3. The City Council makes the following findings:
a) The City Council reviewed the application for the Interim Use Permit, and the information
contained in Case File 09-120.
a) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
• Two Objective 5, under the goal of Security, is to provide for conservation and protection of
the natural environment. The policies include providing adequate regulation to prevent the
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development of endeavors which will create a hazard to the environment and to require
developers to retain the natural environment as much as possible. The project is anticipated
to stabilize channel banks, improve efficiency, plan for future conditions and improve the
aesthetics and wildlife habitat of the channel. The conditions set forth in this CUP address
environmental hazards and limit impacts to the existing wetlands.
b) The use will not be detrimental to the health, safety, morals and general welfare of the
community as a whole.
• Based on staff review, the proposed use will not be detrimental to the health, safety, morals
and general welfare of the community. The conditions of the approving resolution are
intended to ensure ongoing protection of the community.
c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use
District in which the Interim Use is located.
• The purpose of an Interim Use Permit is to permit certain uses, while generally not suitable
in a particular Zoning District, that under certain circumstances may be acceptable for a
prescribed period of time. The alternative school is an appropriate interim use for this site.
The site is directly adjacent to school property and is safe for pedestrian crossings.
d) The use will not have undue adverse impacts on governmental facilities, services, or
improvements, which are either existing or proposed.
• So long as all conditions of approval are adhered to the uses will not over burden municipal
facilities.
e) The use will not have undue adverse impacts on the use and enjoyment of properties in
close proximity to the conditional use.
• The Zoning Ordinance places conditions on alternative schools in the C-2 Use District to
protect adjacent uses. Provided all conditions are met, the use will not have undue adverse
impacts on the properties in close proximity.
f) The use is subject to the design and other requirements of site and landscape plans
prepared by or under the direction of a professional landscape architect, or civil
engineer registered in the State of Minnesota, approved by the City Council and
incorporated as part of the conditions imposed on the use by the City Council.
• The site will be required to have an approved buffer yard along all lot lines that abut
residential sites. The applicant must submit a plan showing an increased berm height and
retaining wall along Wilds Path.
g) The use conforms to (is allowed in) the zoning district.
• An Alternative School is allowed in the C-2 Use District with the approval of an Interim Use
Permit.
h) The date or event that will terminate the use can be identified with certainty.
• The applicant states they anticipate "occupying the facility for at least the next 3 to 5 years
unless the district can find existing space within the current buildings in the next couple
years." As a condition of approval staff recommends the alternative school be a{lowed as
an interim use no longer than 5 years.
i) Permitting the use will not impose additional costs on the city if it is necessary for the
city to take the property in the future.
M:ICOUNCILIRESOLUTI12009109-099 Alternative School Interim Use.DOC
• It is not anticipated that the use will impose additiona{ costs on the City if it is necessary for
the City to take control of the property in the future.
j) The permittee agrees in writing to any conditions that the City Council deems
appropriate for permission of the use.
• Prior to the legal recording of the interim use permit at the Scott County Offices, the
permittee will be required to agree in writing to any additional conditions that the City
Council deems appropriate for permission of the use.
k) The use is subject to the design and other requirements of site and landscape plans
prepared by or under the direction of a professional landscape architect, or civil
engineer registered in the State of Minnesota, approved by the Planning Commission
and incorporated as part of the conditions imposed on the use by the Planning
Commission.
• The required site plans for the application were prepared by a professional architect.
I) The use is subject to drainage and utility plans prepared by a professional civil engineer
registered in the State of Minnesota which illustrate locations of city water, city sewer,
fire hydrants, manhotes, power, telephone and cable lines, natural gas mains, and other
service facilities. The plans shall be included as part of the conditions set forth in the
IUP approved by the City Council.
• No updated drainage and utility plans are required for the project.
m) The use is subject to such other additional conditions which the Planning Commission
or City Council may find necessary to protect the general welfare, public safety and
neighborhood character. Such additional conditions may be imposed in those situations
where the other dimensional standards, performance standards, conditions or
requirements in this Ordinance are insufficient to achieve the objectives contained in
subsection 1108.202. In these circumstances, the Planning Commission or City Council
may impose restrictions and conditions on the IUP which are more stringent than those
set forth in the Ordinance and which are consistent with the general conditions above.
The additional conditions shall be set forth in the IUP approved by the City Council.
• The Planning Commission and City Council may revise recommended conditions or attach
additional conditions, as they deem appropriate to protect the general welfare, public safety,
and neighborhood character.
4. The contents of Planning Case files #09-120 are hereby entered into and made a part of the public
record and the record of decision for this case.
5. Based upon the Findings set forth above, the City Council hereby approves the following Interim
Use Permit to allow for an Alternative School on a property zoned C-2 General Business), subject
to the conditions set out below in paragraph 7.
6. The Interim Use Permit is hereby approved on property legally described as follows:
That part of the East 140.00 feet of the Southwest %4 of the Southwest %4 of Section 36,
Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at a point
on the East line of said Southwest 1/3 of the Southwest %< distant 778.78 feet North of the
Southeast corner thereof; thence Westerly parallel to the South line of said Southwest'/4 of the
Southwest %< a distance of 140.00 feet to the West line of said East 140.00 feet; thence
Southerly along said West line to the North line of the South 301.70 feet of said Southwest'/4
�1:ICOUNCILIRESOLUTI12009109-099 Altemative School Interim Use.DOC
of the Southwest %; thence Easteriy along said North line to the East line of said Southwest %
of the Southwest %<; thence Northerly along said East line to the point of beginning, according
to the United States Government Survey thereof and situate in Scott County, Minnesota.
7. The Interim Use Permit is hereby approved subject to the following conditions:
a) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days
after City Council approval.
b) All conditions listed in Section 1102.1104(1) of the Zoning Ordinance shall be met.
c) The alternative school use shall terminate on the site within 5 years.
d) Prior to the legal recording of the Interim Use Permit at the Scott County Offices, the permittee
will be required to agree in writing to any additional conditions that the City Council deems
appropriate for permission of the use.
e) In the event an-site parking is required for currently vacant commercial spaces the alternative
school shall be required to forgo the use of all on-site parking for students. In this case the
school district shall revise the transportation plan to utilize only off-site parking at Edgewood
School or by local shuttle or bus service.
PASSED AND ADOPTED THIS 20 DAY OF JULY, 2009.
YES NO
Hau en X Hau en
Hedber X Hedber
Erickson X Erickson
LeMair X LeMair
Millar X Millar
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Frank Boyl ity Manager
�4:ICOUNCIURESOLUTIl2009109-099 Alternative School Interim Use.DOC