Request for an Interim Use Permit for an Online School at 7550 Highway 10 NW; Case of 2-OI, LLC

2-OI, LLC has submitted an application for an Interim Use Permit (IUP) for the operation of an online school at the former Diamonds site, 7550 Highway 10 NW. The property is zoned B-2 Business and schools are not a permitted or conditional use in this zoning district.

In accordance with State statute, Staff attempted to notify property owners within 350 feet of the subject property of the public hearing via Standard US Mail. The Public Hearing was also noticed in the Anoka County Union, the City's official newsletter for public notices.

PACT Charter School would operate the online school, which would be a program for grades 7-12, and enrollment is projected to be between 200-300 students. While it would be an online program, students would need to be on site one (1) day per week. It is estimated that on any given weekday, there would be approximately seventy (70) students on site. Additionally, there would likely be between twenty to thirty (20-30) staff on site each weekday as well (10-20 teaching staff and 5-10 administrative support staff). The main mode of transportation for students to and from the site will be parent drop-off/pick-up, but will also include busing from both the PACT campus and the Tech school. The are approximately 270 parking stalls on the site, which greatly exceeds the threshold for required parking used in past site plan reviews for schools (3-4 stalls per 1,000 sq. ft. of building footprint).

The applicant has stated that there may be outdoor recreational activities on site after school and on weekends as well. There is an existing Conditional Use Permit (CUP) for the property that was issued in 2000. Conditions included in that CUP require all outdoor recreational activities to end no later than 10:00pm and that the recreational area(s) need to be cleared of all activity by 10:30pm. This condition applies to lighting of the outdoor recreational area(s) as well. The CUP also prohibited the use of an outdoor PA system and amplified music.  This term, however, presents a concern for the applicant, as they have stated they would prefer the ability to utilize a PA system for athletic activities (such as announcing batters for instance).  After discussion with the City Attorney, the the proposed interim use permit was amended to incorporates certain terms from the existing CUP, but does allow for use of a PA system in accordance with the public nuisance regulations within City Code.

The applicant is not proposing any new accesses to the site. However, the City is developing plans to extend Riverdale Dr past this site (terminating at Traprock St), which will provide a new access point but will also likely include certain median modifications that will result in a 3/4 access (will no longer be able to turn westbound onto Highway 10 from Traprock St). In conjunction with the potential road extension, water will also be extended to the site. The City and the applicant have come to a tentative agreement on preliminary terms for the acquisition of right-of-way for the extension of Riverdale Dr, which will be considered by City Council likely on March 13.

The applicant has stated that no exterior improvements/modifications are proposed, with the exception of upgrading the baseball/softball fields. The applicant will be remodeling the interior of the building (preliminary sketches are attached) for both classroom and administrative office space. All building modifications shall be compliant with applicable building, fire and zoning codes and the applicant will be responsible for obtaining all necessary permits.

The request was forwarded to Mn/DOT for review and comment.  They had no concern regarding the request, but did note that any work within their right-of-way or that might impact their right-of-way would require a permit.

The Planning Commission held a public hearing regarding this request on March 1, 2012 and there were no verbal or written comments received. 

The Planning Commission discussed several points related to this request. First, they discussed use of a PA system and concurred that this should be permissible under the terms of the IUP. Secondly, the Planning Commission wanted to explore whether this IUP could coincide with the term of the lease with PACT Charter School, which happens to be ten (10) years (City Code limits interim use permits to a maximum term of five (5) years; however, they can be extended by City Council). Finally, the Planning Commission suggested it may make sense to consider rezoning this parcel to Public/Quasi-Public, which would eliminate the need for the property owner and/or the school to come back every five (5) years requesting an extension.

In order to have the site ready for the 2012-2013 school year, the interim use permit is needed; however, should the applicant and/or City Council desire to pursue a rezoning from B-2 Business to Public/Quasi Public, the IUP has been revised to reflect a term of five (5) years or until such time that the property has been rezoned to Public/Quasi Public, whichever occurs first.  The school did indicate that use of a PA system would be important for the athletics that would occur in the outdoor recreational areas. The IUP has been amended to include a term allowing the use of a PA system in compliance with City Code Section 30-3 (Property Conditions Constituting a Public Nuisance). 

The Planning Commission made two recommendations.  First, they recommended approval of the request for an interim use permit contingent on the following (which have been incorporated into the proposed interim use permit):

1. A term be included that would permit the use of a PA system for the outdoor recreational activities.
2. A finding be added that supports a five (5) year extension of the interim use permit and that the Planning Commission urges the City Council to grant said extension at that time.

Secondly, the Planning Commission recommended that the City Council consider rezoning the property from B-2 Business to Public/Quasi Public, which would eliminate the need to consider extensions to the interim use permit in the future. 

All costs associated with the application are the responsibility of the applicant.

Motion to adopt findings of fact relating to the request for an Interim Use Permit to allow for the operation of an online school in the B-2 Business District.

-and-

Motion to adopt Resolution #________ approving the request for an Interim Use Permit for a term of five (5) years or until the property is rezoned to Public/Quasi Public, whichever occurs first, and declaring the terms as proposed.