Adopt Ordinance #22-15 Rezoning a Portion of the Property Located at 7633 161st Avenue NW to Public/Quasi-Public (Project No. 22-107); Case of PACT Charter School

The City has received an application from JB Vang Partners (the "Applicant"), on behalf of PACT Charter School, for a Sketch Plan related to a proposed new, second school campus to be located at 7633 161st Avenue NW (the "Subject Property"). The Subject Property is presently owned by The Church of Saint Katharine Drexel (the "Property Owner"). The application also included requests for a Zoning Amendment and a Comprehensive Plan Amendment based on the proposed use and current zoning and future land use guidance.

On March 8, 2022, the City Council reviewed the Sketch Plan and adopted Resolution #22-050, approving a Comprehensive Plan Amendment to re-guide the Subject Property from Low Density Residential to Public/Institutional.  This action was contingent upon approval of a Preliminary Plat for PACT Charter School.  The City Council also introduced Ordinance #22-15 to rezone the Subject Property from R-1 Residential (MUSA) - 80 to Public/Quasi Public.

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 Sketch Plan, Zoning Amendment, and Comprehensive Plan Amendment and the Public Hearing to be held by the Planning Commission on February 24, 2022. The mailing also included an invitation to a Public Open House, also held on February 24, 2022, where property owners could learn more about the project and ask questions of the Applicant in a less formal setting. Finally, a notice of the Public Hearing was also published in the Anoka County UnionHerald, the City's official newspaper.  No additional notice is required.

Background Information
The Subject Property is approximately thirty-three (33) acres in size and is currently zoned R-1 Residential (MUSA) - 80. The Subject Property is at the northwest corner of the intersection of Variolite Street and 161st Avenue and abuts Central Park to the west. Properties to the east (across Variolite Street) are zoned R-1 Residential (MUSA) - 80 and range in size from about 0.31 acres to 1.46 acres. This area is guided as Low Density Residential in the 2040 Comprehensive Plan. The properties to the north and south (across 161st Avenue) are zoned R-1 Residential (Rural Developing) and range in size from about 1.1 acres up to about 2.57 acres. These properties are guided as Rural Developing in the 2040 Comprehensive Plan. The property to the west (Central Park) is about 37 acres in size, is zoned Public/Quasi-Public and is guided as Park.

General Project Summary
PACT Charter School (hereinafter referred to as "PACT") is seeking to construct a new, second school campus that would be located on the Subject Property and would serve grades 6-12. PACT would retain their existing campus in The COR for students in grades K-5. The proposed school would be approximately 115,000 square feet in size and would include an athletic stadium and track. Please note that the attached exhibits are conceptual; formal Site Plan review would occur at a future step in the review process. The project is being reviewed under the B-1 General Business District bulk standards.

Sketch Plan
The Sketch Plan proposes to split the Subject Property into Lot 1, Block 1 (for the school campus), which would be approximately eighteen (18) acres in size. The remainder of the Subject Property, which would be retained by The Church of Saint Katharine Drexel, would be split into two (2) outlots, one about 8 acres in size and the other about 6.5 acres in size. At some future point, the Property Owner does intend to construct a church. That will require a new plat to convert the outlot(s) into a buildable parcel, a Conditional Use Permit (churches are a Conditional Use in the R-1 District), and a Site Plan.

Concept Plan
The Concept Plan shows an access point off of Variolite Street and two access points on 161st Avenue. If the access off Variolite Street remains (potential concerns with sight lines based on existing topography and the likely need for turn lanes), a Cross Access Easement will be necessary as it would cross over the Property Owner's parcel. Per the project narrative, buses would access the school from 161st Avenue while student drop-off would utilize the ingress/egress access from Variolite Street. Staff has informed the Applicant that a full Traffic Study, taking into account not only the proposed school but also the future church, would be required if the project moves forward.

Per the B-1 General Business District, the minimum structure and parking/maneuvering area setbacks, where adjacent to residentially zoned parcels, is thirty-five (35) feet. The parking/maneuvering areas shall maintain a setback of at least twenty (20) feet from public road right-of-way. There are no specific parking standards for schools in City Code. Thus, Staff has requested a Parking Study (again, would be required if the project moves forward) to verify that the proposed parking (over 200 stalls) is sufficient.

The Concept Plan also includes a football/athletic field and track, with stadium style seating, in the northwest corner of the Subject Property. North of the proposed athletic field is a residential neighborhood. The future Site Plan submittal will need to include detailed information about any proposed lighting and PA system. A bufferyard of at least forty (40) feet will be required along the northern boundary of the school site, which shall include additional plantings (calculated as a minimum of at least 30% of the required plantings). Furthermore, due to these proposed improvements, Staff has indicated that a Noise Study and Lighting Analysis must also accompany the Applicant's plan submittal, should the project move forward.

Parks Staff are looking at opportunities to create some shared parking and access between the school and Central Park. They are also exploring the potential, if space permits, to create a 'flex-use' field.

Comprehensive Plan Amendment
The Applicant has applied for a Comprehensive Plan Amendment (CPA). The Subject Property is guided as Low Density Residential on the Future Land Use Map in the 2040 Comprehensive Plan, which areas are intended for residential development ranging from 3-4 units per acre. The CPA would re-guide the eighteen (18) acres to Public/Institutional, which is intended for, among other uses, schools. Staff has contacted the Metropolitan Council to discuss the potential for this CPA and there were no major red flags or concerns that were raised.

The properties to the east (across Variolite Street) are guided as Low Density Residential. The property to the west (Central Park) is guided as Park. The properties to the north and south are guided as Rural Developing.  As previously noted, on March 8, 2022, the City Council did adopt Resolution #22-050 approving the Comprehensive Plan Amendment, contingent upon approval of a Preliminary Plat for PACT.

Zoning Amendment
The Subject Property is currently zoned as R-1 Residential (MUSA) - 80, which does not identify schools as a permitted, conditional, or accessory use. Thus, a Zoning Amendment has been requested by the Applicant to rezone the eighteen (18) acres for the school to Public/Quasi Public, which does identify public and private schools as a permitted use. The surrounding properties are zoned R-1 Residential (MUSA) - 80 (east of Variolite Street), Public/Quasi-Public (west of Subject Property), and R-1 Residential (Rural Developing) (north and south of Subject Property).

Meetings
An Open House was held on February 24, 2022 from 5:30-6:30pm. This was intended to provide residents an opportunity to learn more about the proposed project, ask questions, and/or raise concerns in a less formal setting than the official public hearing. The comments from this Open House are attached to the case.

The Planning Commission conducted a Public Hearing on this proposal on February 24, 2022. Numerous written and verbal comments were received (all attached to the case, written comments as one attachment, verbal comments are reflected in the draft meeting minutes). The Environmental Policy Board (EPB) also reviewed this proposal on February 28, 2022 where additional written and verbal comments were received (again, all attached to this case in similar fashion as outlined previously).

The City Council considered the Sketch Plan, Zoning Amendment, and Comprehensive Plan Amendment on March 8, 2022, where additional public comments were received.  Ultimately, the City Council approved the Comprehensive Plan Amendment and introduced Ordinance #22-15 to rezone the Subject Property to Public/Quasi-Public.  Per the City's Charter, the Ordinance is now eligible for adoption.

Alternatives

Alternative 1: Adopt Ordinance #22-15 to rezone eighteen (18) acres of the Subject Property from R-1 Residential (MUSA) - 80 to Public/Quasi-Public, contingent upon approval of a Preliminary Plat for PACT.  Rezoning a portion of the Subject Property to Public/Quasi-Public is necessary if PACT Charter School is to proceed with engineering plans for site development.  The contingency provides some assurance that if PACT for some reason no longer pursued this site, the zoning designation would 'revert' back to R-1 Residential (MUSA) - 80. 

Alternative 2: Do not adopt Ordinance #22-15.  Should the Ordinance not be adopted, the zoning would remain as R-1 Residential (MUSA) - 80 and the PACT project would not be permissible on the Subject Property.  Development of civil engineering plans, along with various studies related to traffic, noise, lights, etc., will allow the City to review if the project meets the standards of City Code.  If not, or if PACT does not implement necessary mitigation measures based on the various studies, the project could still be denied.   
 

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

The Planning Commission, by a 3-1 vote, recommended that the City Council approve the Comprehensive Plan Amendment and Zoning Amendment, contingent upon approval of a Preliminary Plat. This would allow the project to move to the next step and develop the detailed plans (and studies) necessary to address many of the concerns raised.

The Environmental Policy Board, by a 5-0 vote, recommended that the City Council deny the Comprehensive Plan Amendment and the Zoning Amendment.

Motion to waive the Charter requirement to read the Ordinance aloud and adopt Ordinance #22-15 rezoning the western eighteen (18) acres of the Subject Property to Public/Quasi-Public contingent upon approval of a Preliminary Plat for PACT.

Roll Call Vote:

Councilmember Heineman
Councilmember Musgrove
Councilmember Specht
Councilmember Howell
Councilmember Woestehoff
Councilmember Riley
Mayor Kuzma