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 prohibits the use of an outdoor PA system and amplified music. The proposed interim use permit incorporates by reference the terms of the existing CUP.

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 has been forwarded to Mn/DOT for review and comment.  Staff will provide an update at the meeting regarding any comments received from Mn/DOT.

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

Staff recommends approval of the interim use permit request for a term of five (5) years.

Motion to recommend that City Council 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.

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Motion to recommend that City Council adopt Resolution #________ approving the request for an Interim Use Permit for a term of five (5) years and declaring the terms as proposed.