Adopt Resolution #22-125 Approving Site Plan, Preliminary Plat and Final Plat for PACT Addition and PACT Charter School

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 for 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.

On May 26, 2022, the Planning Commission conducted another Public Hearing, which focused on the Site Plan, Preliminary Plat, and a requested Variance, all related to the proposed new school.  The Planning Commission did approve the variance, which allowed for a reduced setback for parking adjacent to the vacant land owned by Saint Katharine Drexel Church.  The Planning Commission did close the Public Hearing; however, action on the Site Plan and Preliminary Plat was tabled to the June 23, 2022 meeting.  The Planning Commission directed the Applicant to analyze a 'right-in' only bus access from Variolite Street, provide more information regarding potential noise from the proposed use, and improve their stormwater management plans. 

Staff had attempted to notify property owners within 700 feet of the Subject Property, as reflected in the Anoka County Property Records, of the May 26, 2022 Public Hearing related to the Site Plan, Preliminary Plat, and Variance. A notice of that Public Hearing was also published in the Anoka County UnionHerald, the City's official newspaper.  The Planning Commission held the Public Hearing and closed it, and thus no additional notification was required.

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 is anticipated to 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 Applicant has shared recently that the school building may be constructed in phases.  This is due in large part to current market conditions related to construction and financing costs. 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). On May 26, 2022, the Planning Commission did approve a variance for a reduced parking and maneuvering area setback along the eastern boundary Lot 1, Block 1.

Building Architecture
The exterior finish of the school will include a combination of color integrated precast concrete panels, a small percentage of metal paneling 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 Site Plan does identify an area abutting, but outside, the waste enclosure, as a 'Farm Bin'.  Staff has asked for clarification on what this is and why it is outside the enclosure.  The exterior finish materials of the school and waste enclosure 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, which are generally designed or intended for higher volumes of traffic than typical local roads). 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.

At the May 26, 2022 meeting, the Planning Commission directed the Applicant to analyze the potential of a 'right-in/out' bus only access off of Variolite Street.  The Applicant's Traffic Engineer provided a response to the bus only access to Variolite, and did not support this.  City Engineering Staff also do not support an access on Variolite Street due to safety concerns associated with the restricted sight distance related to the vertical curvature of Variolite Street.

A ten (10) foot wide bituminous trail is required from Variolite Street to the eastern boundary of Central Park. While the plans were updated to provide sidewalks adjacent to each vehicle entrance, including crosswalks connecting to the school, the plans still do not show the required trail along 161st Avenue.  The City is currently reviewing options for the reconstruction of 161st Avenue, as either a 2023 or 2024 project (scheduled for 2024 but would make sense to bump it up to 2023).  The reconstruction will include the 10-foot bituminous trail, but it should be reflected on the plans.  If the installation of the public trail results in significant tree loss in this green space, which is likely, Staff would recommend that PACT install a 3-4 foot tall berm that is densely landscaped. This would help provide some visual relief for the neighbors south of 161st Avenue.

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.

Traffic Impact Study (Engineering Staff Comments)
Engineering staff reviewed the traffic impact study (TIS) which indicates that no improvements are needed on local streets to offset traffic impacts associated with the PACT Charter School and the Saint Katherine Drexel Church developments.  Engineering Staff generally approve of the data used to prepare the TIS but would like to better understand the impacts to traffic on 161^st Avenue due to the anticipated queuing of vehicles during morning student drop-off times.  Engineering staff also want to be certain that buses queuing in the northbound left turn lane on Variolite Street at 161^st Avenue will not fill the turn lane and extend into the through lane of northbound Variolite Street, which could result in vehicles using the shoulder to pass buses or other vehicles queued in the left turn lane.

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.

The revised plans appear to preserve one (1) additional oak tree near the wetland setback (northeast portion of site).  However, with the reconfigured stormwater basin, which was enlarged and extended eastward, close to twenty (20) additional trees, mostly oaks, will be removed.  Both tree preservation and stormwater management have been identified as concerns by the public.  Based on the present layout of the proposed improvements, it will be challenging to preserve the oak forest, or portions thereof, while meeting the minimum stormwater management requirements.

The revised Landscape Plan does include an additional sixty (60) trees installed on site.  The majority of the additional plantings are focused around the stormwater basin north and east of the proposed athletic field.  While the Applicant was unable to preserve more of the existing oak forest, these additional trees will, over time, provide some buffering between the school and the residential parcels to the north.  The revised plan notes that 441 trees (2.5" caliper) are still required for reforestation and that satisfaction of this will be accomplished via restitution or off-site plantings, which is not consistent with the EPB's recommendation.

Lighting
A Photometric Plan was submitted for both the area around the school and 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, nor are there any specific regulations restricting footcandles at property boundaries. The Photometric Plan does indicate less than one (1) footcandle along the northern property boundary (adjacent to existing residential properties).  

Noise
The Planning Commission, as part of its motion on May 26, 2022, directed the Applicant to provide a noise study that would demonstrate anticipated noise levels at property boundaries.  The Applicant worked with a potential speaker vendor (they do not have an executed contract with this vendor yet) to develop a generalized plan sheet, with the assumption of a scoreboard mounted PA system at the north side of the athletic field, facing south.  Under this assumption, decibel levels would be less than 60 along the northern, southern, and eastern boundaries of the plat. The Applicant has noted that this is just a starting point, and after they have an executed contract with a speaker vendor, can provide more specific sound mapping for the PA system. 

As noted last month, per the Minnesota Pollution Control Agency, this use is subject to Noise Area Classification 1 standards.  Thus, all parts of the operation will need to comply with the state decibel standards.  If necessary or desired, the City and school could work to identify a time after which the PA system would not be utilized as a good faith gesture to the surrounding neighborhood.  This is something that could be addressed within the Development Agreement.

Park Dedication
Approximately a year ago, the Parks and Recreation Commission discussed park dedication for this property (under the assumption it would eventually develop as a residential neighborhood).  At that time, the Parks and Recreation Commission recommended that park dedication be satisfied via land, rather than cash payment, to accommodate an expansion of a flex use field.  In May of 2022, the Parks and Recreation Commission reaffirmed this recommendation.  The Site Plan and Plat both include a roughly 0.90 acre parcel in the northwest corner of the Subject Property being dedicated as Park in accordance with this recommendation.  City Staff further requested plans show a potential future connection between Central Park and the school campus.  The intent was to show potential access between the two sites to accommodate shared parking needs for both activities hosted in the park and at the school campus.  An agreement may be considered in the future.

Stormwater Management (Engineering Staff Comments)
The Lower Rum River Watershed Management Organization (LRRWMO) requires developers to meet various minimum stormwater management standards when designing their projects. The development plans and stormwater design calculations are reviewed for conformance by City Staff and the LRRWMO engineer before a stormwater permit is approved for the development.  The LRRWMO standards require the provided stormwater treatment facilities to provide at least an annual removal efficiency of sixty percent (60%) phosphorus and at least an annual removal efficiency of ninety percent (90%) total suspended solids. In addition, post-development peak runoff rates shall not exceed existing peak runoff rates for the 2, 10, and 100 year storm peak discharges, and a volume equal to one inch of runoff from all impervious surfaces on the site shall be infiltrated on­site.  Stormwater permit applications are submitted to the City and then forwarded to LRRWMO once they substantially meet the requirements.  To date, the permit application has not been forwarded to the LRRWMO due to revisions being required.  The applicant is working with City Staff to revise the plans.  It is anticipated the permit application will be forwarded to LRRWMO in July for consideration at their August meeting.

The Planning Commission held a Public Hearing on May 26, 2022.  A number of written and verbal comments were received.  The primary concerns identified at the Public Hearing relate to traffic, stormwater management, light and noise pollution, and tree preservation.  The Planning Commission did close the Public Hearing but tabled action on the Site Plan and Preliminary Plat and provided specific direction to the Applicant regarding reassessing a potential 3rd access, providing more detailed information about noise, and refining the stormwater management plans.

The Applicant did meet with several residents on June 16, 2022, to discuss the project in more detail and to discuss concerns that have been raised to date.  Staff was not involved in this meeting.  The Applicant may wish to provide an update to the City Council on the outcome(s) of that meeting.

Alternatives

Alternative 1: Adopt Resolution #22-125.

Alternative 2: Adopt Resolution #22-125 with additional conditions.

Alternative 3: Table Resolution #22-125 with direction to applicant for revisions.

Alternative 4: Deny Resolution #22-125 based on certain findings.

All costs associated with this request are the responsibility of the Applicant.

Planning Commission recommends approval of the Preliminary Plat and Site Plan.  The vote total was four in favor, one opposed and two abstained due to conflict of interest.

Motion to adopt Resolution #22-125 approving Site Plan, Preliminary Plat and Final Plat for PACT Addition and PACT Charter School