PUBLIC HEARING: Consider Site Plan, Preliminary Plat, and Variance Request for a New PACT Charter School 6-12 Grade Campus at 7633 161st Avenue NW (Project No. 22-107): Case of JB Vang 

The City has received an application from JB Vang (the "Applicant") for a Site Plan, Preliminary Plat, and Variance related to a proposed new 6-12 grade campus at 7633 161st Avenue NW (the "Subject Property") for PACT Charter School ("PACT").  PACT would continue school operations at their current location (7250 East Ramsey Parkway) for grades K-5.  In February of this year, the Planning Commission conducted a Public Hearing concerning a requested Comprehensive Plan Amendment and Zoning Amendment to re-guide and rezone a portion of the Subject Property to accommodate the proposed school use.  In March of 2022, the City Council did approve both the Comprehensive Plan Amendment and Zoning Amendment, contingent upon approval of the Preliminary Plat.

Staff attempted to notify property owners within 700 feet of the Subject Property, as reflected in the Anoka County Property Records, of the request for Site Plan, Preliminary Plat, and Variance consideration and the Public Hearing to be held by the Planning Commission on May 26, 2022.  A notice of the Public Hearing was also published in the Anoka County UnionHerald, the City's official newspaper.

General Summary and Background Information
The Subject Property is approximately thirty-three (33) acres in size and is located at the northeast corner of Variolite Street and 161st Avenue.  As noted above, the City Council approved a Comprehensive Plan Amendment and Zoning Amendment in March of this year, re-guiding and rezoning the western eighteen (18) acres of the Subject Property to Public/Institutional (from Low Density Residential) and Public/Quasi-Public (from R-1 Residential (MUSA) - 80), contingent upon approval of the Preliminary Plat.  The Subject Property abuts Central Park to the west and abuts residential parcels to the north, zoned R-1 Residential (Rural Developing), is across the street from residential properties to the south (R-1 Residential Rural Developing) and east (R-1 Residential MUSA - 80).  The plat would create one buildable lot for PACT, dedicate about 0.90 acres as parkland, and create two (2) outlots that would be retained by the property owner (Saint Katharine Drexel Church).

Preliminary Plat
The proposed subdivision would create four (4) parcels: a 0.90 acre parcel to be dedicated to the City as parkland (northeast corner of plat, abutting Central Park); a 17 acre buildable lot for the proposed school; two (2) outlots, one of which will be the site of a new church (this is not part of this project, but that is the intended future use).  The proposed plat meets all the bulk standards in terms of lot size, lot width, and lot depth.

Site Plan
The proposed school facility has a building footprint of approximately 73,000 square feet and would be two (2) stories.  The proposed height would be less than thirty-five (35) feet, which is the maximum allowed.  Parking would be provided on all four sides of the school.  The proposal also includes an athletic field north of the school, track and field areas.  The building appears to exceed all required setbacks from property lines, as do the proposed parking and maneuvering areas, with the exception of the eastern property boundary (common lot line between the school and the future church site).  Thus, the application includes a request for a Variance to the thirty-five (35) foot setback from the residentially zoned land.

Building Architecture
The exterior finish of the school will include a combination of color integrated precast concrete panels, a small percentage of metal panelling as an accent, and windows.  Additionally, a waste enclosure is also proposed and would consist of Concrete Masonry Units (CMUs) with composite wood decking boards for a gate.  The exterior finish materials meet the standards of the B-1 General Business District.

Streets and Access
There are no new roads proposed.  The Subject Property is between Armstrong Boulevard (Minor Arterial) and Variolite Street (Major Collector) and will be accessed from 161st Avenue (a Municipal State Aid or MSA street, designed or intended for higher volumes of traffic).  There are two (2) proposed access points on 161st Avenue.  The eastern access will serve as the bus entrance and ingress/egress for pick-up/drop-off and staff parking.  The western access will serve as the bus exit and ingress/egress for the student drivers.  A third access was shown as part of the Conceptual Site Plan in February of this year, but that has since been eliminated.

A ten (10) foot wide bituminous trail will be required from Variolite Street to the eastern boundary of Central Park.  Furthermore, a pedestrian connection from this trail to the school entrance should be incorporated.  If the installation of the public trail results in significant tree loss in this greenspace, Staff would recommend installation of a 3-4 foot tall berm that is densely landscaped.  This would help provide some visual relief for the neighbors south of 161st Avenue,

Traffic Analysis
A Traffic Impact Study (TIS) was completed by SRF Consulting Group.  The study assessed current and anticipated Levels of Service (LOS) at multiple intersections as far away as 175th Avenue and Nowthen Boulevard and Alpine Drive and Ramsey Boulevard.  The draft TIS, which is attached to the case, concluded that no significant, negative traffic impact on the supporting roadway system would result from the development of the PACT Charter School campus and that no specific road improvements would be needed.

City Staff reviewed the draft TIS and submitted review comments to the developer and will review the final TIS upon receipt.  The most significant comments submitted by Staff were to change the future intersection controls at Alpine Drive and Armstrong Boulevard from a side-street STOP controlled intersection to a single-lane roundabout, which Anoka County proposes to construct in 2023, and to explore whether the length of the existing left-turn lane for northbound Variolite at 161st Avenue will be adequate post-development.    

Parking
The Applicant provided a summary of parking needs and proposed parking.  At full capacity, PACT anticipates a student population of 790 students, 130 full-time faculty and staff, and another roughly 30 part-time staff.  PACT anticipates about fifteen percent (15%) of the student population will drive themselves to school with the remainder of the students riding the bus (60%) or getting dropped off and picked up by parents (25%).  The Site Plan includes a total of 291 parking stalls.  While City Code does not specifically address parking requirements for schools, this does seem reasonable.

The Applicant's narrative also indicates that there are ongoing discussions with Saint Katharine Drexel Church about the possibility of shared parking for events.  The typical operating hours of the two uses would be offsetting and thus, this seems like a reasonable approach to accommodate various events.  A Shared Parking Agreement would need to be executed and recorded against both properties.  

Tree Preservation and Landscaping
The Environmental Policy Board (EPB) reviewed the natural resources elements of the request at their May 16, 2022 meeting.  The EPB did recommend approval of these aspects of the project with certain contingencies.  First, was that there should be a greater attempt to preserve some of the oak forest area in the northeast part of the school site.  The EPB felt this would assist in addressing concerns raised by neighbors about light and noise from the athletic field.  Secondly, the EPB recommended that reforestation, rather than restitution, be the primary tool to satisfy the tree preservation requirements (necessary because tree removals exceed 70%).  Again, their reasoning was that additional plantings could be strategically located throughout the site to try and mitigate concerns of surrounding neighbors.  Finally, the EPB was supportive of the installation of some of the plantings in Central Park should there not be sufficient space on the Subject Property.

Lighting
A Photometric Plan was submitted for both the area around the school as well as the athletic field.  It shows that at the perimeter of the property, where it abuts or is across from existing residential properties, the lighting will be less than one (1) footcandle at ground level.  Traditional parking lot lighting will be utilized around the school.  There will be four (4) eighty (80) foot tall light structures to illuminate the athletic field (when in use).  These fixtures will include glare shields to aid in focusing the light on the playing areas.  The lighting standards in City Code appear to have been designed for parking areas, signs, and around buildings (security lighting) and do not directly address the lighting typically used for athletic fields.  Based on the Photometric Plan, it appears that light trespass appears to be minimized adjacent to existing residential properties.

Noise
An analysis of potential noise from the athletic field use is needed.  The only information in the submittal is a note that the speakers for the PA system will be mounted adjacent to the bleachers to try and direct the noise away from the residential properties to the north.  Noise concerns have been noted since the public house that was held on February 24, 2022.  Data analysis of the proposed PA system, crowd noise, typical duration of noise, etc. is necessary.  The City and school may wish to identify a time afterwhich the PA system would not be utilized as a good faith gesture to the surrounding neighborhood.

Variance
As noted previously, the parking and maneuvering area along the eastern boundary does not meet the thirty-five (35) foot setback requirement from residentially zoned property.  The property to the east, which is Outlot B on the plat, is presently vacant and is being retained by Saint Katharine Drexel Chuch as the site for their future new church.  PACT and Saint Katharine Drexel Church are in discussions about shared parking between the uses to accommodate large events.  If the church utilizes this area for parking in the future, it does not seem reasonable to require it to be further away from the property line.

Alternatives
Alternative 1: Approve the variance to the parking/maneuvering area setback from residentially zoned land and recommend approval of the Site Plan and Preliminary Plat.  The City Council has already approved a Comprehensive Plan Amendment and Zoning Amendment to allow this type of use in this location.  A noise analysis is still needed so the City can assess the potential noise and whether it would be compliant with state standards.  While plan revisions are needed, which is the case with most projects at this stage, that can be a contingency of approval.  Staff would support this alternative.

Alternative 2: Approve the variance to the parking/maneuvering area setback from residentially zoned land but table action on the Site Plan and Preliminary Plat until the noise analysis is provided and revised plans are submitted.  If the Planning Commission prefers these items be provided, potentially consider moving the project forward to City Council with the contingency that these items are submitted to and reviewed by City Staff prior to adding this project to a future City Council agenda.  Staff is not opposed to this alternative.

Alternative 3: Deny the variance and recommend denial of the Site Plan and Preliminary Plat.  The requested variance is reasonable and the Preliminary Plat and Site Plan generally conform with City Code.  While there are necessary plan revisions, it would be premature to deny the project without providing the Applicant an opportunity to revise plans in accordance with applicable codes.  Staff does not support this alternative.  

All costs associated with this request are the Applicant's responsibility.

Staff recommends approving the Variance, Site Plan, and Preliminary Plat contingent upon compliance with Staff review comments and providing an analysis of projected noise related to the athletic field activities.

Motion to adopt Resolution #22-XXX approving a variance to the parking and maneuvering area setback from residentially zoned property.

-and-

Motion to recommend City Council approve the Site Plan and Preliminary Plat.