2012.05.14 PC Meeting PacketPage 1 of 2
CRYSTAL PLANNING COMMISSION AGENDA
May 14, 2012 at 7:00 p.m.
Council Chambers, Crystal City Hall
Commissioners, please call 763.531.1144 or email
corinne.elfeltna.crystalmn.gov if unable to attend
* Items for which supporting materials are included in the meeting packet
** Revised Zoning Ordinance was adopted April 3, 2012 and published
April 12, 2012 with an effective date of May 12, 2012
*** Mailed on April 5, 2012 in lieu of cancelled April meeting
A. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the
following members present:
❑ Commissioner (Ward 1)
❑ Commissioner (Ward 2)
❑ Commissioner (Ward 4)
Sears [Secretary]
Whitenack [Chair]
***vacant***
❑ Commissioner (Ward 1)
❑ Commissioner (Ward 3)
❑ Commissioner (Ward 4)
Heigel
VonRueden
Johnson
❑ Commissioner (Ward 2)
❑ Commissioner (Ward 3)
❑ Commissioner (At -Large)
Erickson
Buck [Vice Chair]
Strand
B. APPROVAL OF MINUTES *
Moved by and seconded by to approve the minutes of the March 12,
2012 regular meeting with the following exceptions:
Motion carried.
C. PUBLIC HEARINGS
1. Consider Application 2012-2 for a Conditional Use Permit for RiverTree School at
3733 Vera Cruz Avenue North (currently Bethany Russian Baptist Church) *
Staff presented the following:
GAPLANNING\Planning Commission\2012\05.14\agenda detailed.doc
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The following were heard:
Planning Commission discussion:
Moved by and seconded by to (recommend to the City Council
to approve) (recommend to the City Council to deny) (continue until
the discussion of) Application 2012-02 for a Conditional Use Permit for RiverTree
School at 3733 Vera Cruz Avenue North, subject to (findings of fact and
conditions of approval in the staff report).
Motion carried.
D. GENERAL INFORMATION
1. City Council actions on Planning Commission items **
2. Quarterly Development Status Report ***
3. Staff preview of likely agenda items for June 11, 2012 meeting
E. OPEN FORUM
F. ADJOURNMENT
Moved by and seconded by to adjourn.
Motion carried.
The meeting adjourned at p.m.
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CRYSTAL PLANNING COMMISSION MINUTES
March 12, 2012 at 7:00 p.m.
Council Chambers, Crystal City Hall
CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened ,; :00 with the
followinq members present:
X Commissioner (Ward 1)
X Commissioner (Ward 2)
mis er (W d 4)
Sears [Secretary]
Whitenack [Chair]
2.vacakt***
X Commissioner (Ward 1)
X Commissioner (Ward 34
X sia e and 4)
Heigel
VonRueden
Jloh°
X Commissioner (Ward 2)
X Commissioner (W FI3)
N
Comv' n er (At -Large)
Erickson
Buck [Vice Chair]
S rand
Also present were Council Liaison John
Sutter and Corinne Elfelt.
Moved by Commissioner Bu
minutes of the February 13,E
missioner Sears to approve the
ng with no exceptions.
Motion carried unanimously.
Ordinance (City Code Section 515)
er, ohn Futter, presented the staff report. In addition, Mr. Sutter
Iditi � 1 change to page 84. Buildings in excess of 3 stories or 40
o anged to 50 feet to be consistent with the change already
q
age 86. This allows for 3 story buildings to have a pitched roof and
asonable height guidelines.
was present for the Public Hearing.
Hearing no further discussion from the Planning Commissioners, Chair
Whitenack asked for a motion.
Moved by Commissioner Buck and seconded by Commissioner Sears to
recommend to the City Council to approve Application 2012-01 for revisions to
the Zoning Ordinance (City Code Section 515) including a change to page 84
item k) to be consistent with the change already shown on page 86.
Motion carried unanimously.
GAPLANNING\Planning Commission\2012\03.12\minutes.doe
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GENERAL INFORMATION
1. Staff preview of likely agenda items for April 9, 2012 meeting
There is nothing at this time. The deadline for submission is March 16, 2012.
OPEN FORUM
• Planner Sutter updated the Commission on the EDA's proposed = ase of the
Cavanagh School property, Milton's restaurant, the unfinishe ice ing at
5618 56 " Ave and airport non -aeronautical development.
ADJOURNMENT
Moved by Commissioner VonRueden and seconded by C"ii ner Er loon to
adjourn.
The meeting adjourned at 7:20 p.m
on carried unanimously.
GAPLANNING\Planning Commission\2012\03.12\minutes.doc
M E M O R A N D U M
DATE: May 9, 2012
TO: Planning Commission (May 14, 2012 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director
SUBJECT: Public Hearing (Application 2012-02): Consider a Conditional Use Permit
for RiverTree School at 3733 Vera Cruz Avenue North (currently Bethany
Russian Baptist Church)
A. BACKGROUND
The subject property is comprised of two parcels:
• 3733 Vera Cruz Avenue North containing the building and most of the parking lot
• 3708 Welcome Avenue North containing the south end of the parking lot
Existing improvements include a church building and an associated parking lot.
The current owner -occupant, Bethany Russian Baptist Church ("Bethany"), is selling the
property to a new owner -occupant, RiverTree School. RiverTree would be a private K-
12 school with an ultimate size of no more than 16 students per grade (208 total).
Bethany is building a new church at 2601 Brookdale Drive North in Brooklyn Park and
in the interim would lease -back the property during non -school hours. After Bethany's
lease expires in January 2013, RiverTree would lease the church sanctuary and related
parts of the building during non -school hours to a yet -to -be -determined church (not the
current owner -occupant).
The property is zoned R-1 Low Density Residential. Schools and churches are
conditional uses in R-1 and RiverTree and Bethany have applied for a Conditional Use
Permit to change the principal use of the property to a school. Notice of the Planning
Commission's May 14, 2012 public hearing was mailed to property owners within 350
feet of the subject property and published in the Sun Post on May 3, 2012. No
comments have since been received.
The following Exhibits are attached:
A. 2009 aerial photo
B. Narrative submitted by the applicant
C. Survey
D. Site Plan
E. Building Plan
3733 VERA CRUZ — CUP (RiverTree School)
PAGE 1 OF 4
B. STAFF COMMENTS
A conditional use permit may be granted for the proposed use provided that the
following requirements are met (515.33 Subd. 4b):
1) Side setbacks shall be double that required for the district.
The existing building is set back 13.5 feet from the side lot line, more
than double the 5 foot minimum in the R-1 district.
2) The facility is served by arterial, collector or municipal state aid streets and such
pedestrian facilities as are necessary to accommodate the traffic generated by
the facility.
The parking lot is accessed from Welcome and 38th Avenues.
Welcome and 38th west of Welcome are both municipal state aid
streets. The street network is adequate to accommodate the
proposed school and subordinate, leased church use, provided that
there is no concurrent use of the site by both the school and the
church, and parking does not spill over onto adjacent public streets
or private property.
3) The City Council determines that all applicable requirements of Subsection
515.05, Subdivision 3 a) and Section 520 are considered and satisfactorily met.
a) 515.05 Subd. 3 a): In addition to specific standards or criteria included in
the applicable district regulations, the following criteria shall be applied in
determining whether to approve a conditional use permit request:
1) The consistency of the proposed use with the comprehensive plan.
2) The characteristics of the subject property as they relate to the
proposed use.
3) The impact of the proposed use on the surrounding area.
The city council may impose transferability limitations, renewal
requirements, hours of operation limitations or other operational
restrictions as a condition of approval of any conditional use permit if
determined by the council to be necessary to address anticipated impacts
of the proposed use.
The proposed use is consistent with the Public/Institutional
(Low Density Residential) guidance in the Comprehensive
Plan. The proposed principal use (K-12 school) and non -
concurrent church use fit within the Public/Institutional
3733 VERA CRUZ — CUP (RiverTree School)
PAGE 2OF4
category. If the site were subsequently redeveloped, it would
have to be Low Density Residential (max. 5 units/acre).
The proposed use described in the submitted narrative and
site/building plans would not create significant negative
impacts on the surrounding area, provided that the proposed
use is accommodated on the subject property, does not spill
onto adjacent public streets or private property, and operates
in compliance with city code and the CUP approval conditions
approved by the City Council.
b) Section 520 (Site Plan Review)
Does not apply in this case because the site improvements are
already in place.
C. REQUESTED ACTION
Staff recommends approval of the requested conditional use permit for RiverTree School,
including non -concurrent interim use by Bethany Russian Baptist Church through January
2013, and subsequent non -concurrent use by a to -be -determined church which would
lease space from RiverTree School. The recommended findings of fact are in bold text in
Section B of this report. In light of these findings, the recommended conditions of approval
are as follows:
RiverTree School may lease the church sanctuary and other parts of the building
to a church as a secondary, non -concurrent use. Simultaneous use of the
subject property for the school and a church is not proposed by the applicant and
is not allowed under this CUP due to limited off-street parking.
2. Special events and gatherings which are accessory and subordinate to
RiverTree School or its non -concurrent church tenant are permitted if they are an
integral part of those users' operations and programming. Other than the closure
of the south part of the parking lot during the school day as shown on the site
plan, the parking lot shall not be closed off or used for non -parking purposes or
special events. The building or site shall not be rented out or otherwise made
available to other users, for example, as a general meeting hall or community
center, because the site is embedded in a single family residential neighborhood
and it is not appropriately located for such use:
3. All motor vehicle parking shall be accommodated on the subject property in
accordance with Section 515.17. The existing parking lot has 112 spaces.
■ Based on Subd. 5 e) and f), the school mist have at least 51 spaces (24 for
K-9 and 27 for 10-12).
■ Based on Subd. 5 g), which requires 4 spaces plus 1 space per 3 seats, the
non -concurrent church use could have up to 324 seats in the sanctuary
provided that no other rooms are being used at the same time as worship
services. If there are other rooms being used, and spillover parking onto
adjacent public streets or private property occurs, then seating in the
3733 VERA CRUZ — CUP (RiverTree School)
PAGE 3OF4
sanctuary must be reduced to bring parking demand back in line with the
available off-street spaces.
4. As a practical matter, the city recognizes that limited on -street parking adjacent
to the subject property will probably occur notwithstanding the above condition. If
such spillover parking from the subject property causes the usable width of the
adjacent public streets to become too narrow for safe two-way passage, or
interferes with on -street parking for adjacent residents, then the city may post the
subject property's side of the street(s) "no parking", implement a "resident
parking only" system or take other measures necessary to provide safe passage
on the public streets and preserve parking for adjacent residences.
5. Student transportation shall be by cars or vans only. Bus transportation is not
discussed in the applicant's narrative and bus loading areas are not identified in
the site plan.
6. Because the subject property is embedded within a single family residential
neighborhood, hours of operation shall be no earlier than 6:00 a.m. and no later
than 10:00 p.m.
7. A platted public alley runs between the two parcels comprising the subject
property, then turns south and runs down the middle of the block. Part of the
existing parking lot is a private encroachment into platted public right-of-way. If
the city ever decides to improve this alley, the parking lot and school recess/play
area would need to be reconfigured in some way to accommodate the alley
passing between the two parcels comprising the subject property. If the city does
decide to improve the alley, such improvement would not constitute a public
taking of private property because the platted public right-of-way preceded
construction of the private parking lot and prior owners of the subject property
chose to build the parking lot despite this fact.
8. This Conditional Use Permit shall not be transferable to a user other than
RiverTree School.
If the Planning Commission is in agreement with staff, then the findings of fact and
conditions of approval from the staff report should be referenced in the motion. If not,
alternate findings of fact, and conditions (if any) should be stated in the motion.
Planning Commission action is requested in the form of a recommendation to the City
Council. The City Council will consider the application on June 5, 2012.
3733 VERA CRUZ — CUP (RiverTree School)
PAGE 4OF4
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CUP NARRATIVE FOR 3733 VERA CRUZ AVE 4/19/12
CUP for Non -Concurrent Shared Use of Property by Private K-12 School
as Primary Use and Maintain Church/ Assembly as Secondary Use.
By Rodney Nelson, President & Principal of RiverTree School
w/ Thomas Peterson, Project Architect w/ Station Nineteen Architects, Inc.
RiverTree School, founded in 2009, is a private Christian school dedicated to the
implementation of the method of early 20th century British educator, Charlotte
Mason. We are a member of Ambleside Schools International, a small, but growing
association of 9 schools around the world. Seven are in the United States, one in
South Africa, one in Switzerland.
We are currently serving 36 students enrolled across grades K-8. Our plan is to
grow year by year through twelfth grade.
Here are some of the things we are committed to, especially as it relates to our facility.
We place a high value on a beautiful campus, both inside and out. One aspect of our
method is the importance of a beautiful, life-giving atmosphere in which children grow
and learn. You can expect our facilities to be well maintained.
We are committed to small class sizes and a small overall school size to allow for a
rich sense of community. We have promised our parents, and committed in our
contract with Ambleside Schools International, that we will not have classes that
exceed 16 students. We have also committed never to have more than one
classroom per grade level. Therefore, the largest this school could ever be is 208
students in grades K-12.
Because of our small size, our staff would never be particularly large. A
maximum of 20 full-time equivalent positions is probably a safe estimate.
During our outdoor break times, we prefer free play to structured play. Therefore we
do not have plans to build any climbing style outdoor play equipment. We would
likely temporarily barricade one or more of the entrances to the parking lot
during the school day so that parts of it could be used by the children. We might
install some basketball hoops or tetherball poles at some point in the future.
We also place a value on making a study of the natural world around us. We would
likely make use of Jordan Area Park to the south of us for Nature Study, one of our
school subjects. It is only one half -mile away and is accessible by bike trail. We
would also seek to get to know our neighbors and ask permission to occasionally
study plants and trees they might have in their yards.
We are currently considering possible use of the landscaped area to the east of
Vera Cruz under the jurisdiction of the City of Robinsdale as another potential
00
study/play area within close proximity of the site. Otherwise, the south portion
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of the existing parking lot would be barricaded with traffic cones to reserve it for
play use by the students during the day, with the northwest corner of the lot
reserved for staff parking (12-20 cars) and the balance of the lot used for parent
and car-pool pick-up and drop-off. Due to the size and scattered location of the
students, there are no plans for any formal bussing beyond the informal
parental carpooling.
One of the exciting aspects of this building for us is that it exists in a neighborhood,
not an industrial park. We would seek to become a valued and well -liked member of
our neighborhood community. Other member schools of our association have also
sought this kind of community involvement and report that annual events like the
Christmas concert, Veterans Day Chapel and Annual Shakespeare festival are well
attended by people nearby the school.
It would be our plan continue the use of the Sanctuary space of the building
available for rent by small churches looking for a space to hold services and
religious education. Such uses would never be scheduled to coincide with the
school's use of the building. It is my understanding that there is some concern
about the size of the current congregation. Such a tenant would be much too large for
RiverTree to consider. The seating count under the proposed zoning
amendments seems to support the current seat count and parking as a
compliant use and it is our understanding that the addition of the school use at
non -concurrent times would not considered to be an expansion of this
church/assembly use.
As part of our purchase agreement with Bethany Russian Baptist Church, we have
agreed to allow them continued use of the facility through January 2013, while their
new facility is under construction. (see submitted Purchase Lease Agreements). It is
our understanding that their bus would be stored off-site during this short-term leased
time.
We will be notifying the current and future church users of the desire to limit
their regular parking to the existing parking lot and the available street parking
immediately adjacent to the church property.
We are also encouraging them to develop a remote parking agreement for off-
site parking with a circulator bus to reduce additional parking into the
surrounding residential street as much as possible. That being said, We
recognize that there are several exceptional parking load days, such as Easter and
Christmas that might load the neighborhood parking, but we intend to have that as the
exception rather than the rule.
We look forward to growing together in the coming years and being an exceptionally
good neighbor.
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Twin Cities Area 651-451-0002
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LEGAL DESCRIPTION PER TITLE COMMITMENT FILE NO 57835
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Crystal, 55422
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SALANOE OF LOT FOR SOUTH Lo \ o LOT AREA: 64,089 SQ. FT.
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FT 18F ° \ \ !Z =2.5= 136 STALLS REQ. IF NEW
>3.0 = 113 STALLS REQ. PER 4CONRUOCTION
"�PROPOSED CODE NEW
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s`° WELCOME AVENUE NORTH
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Site Plan
3733 Vera Cruz Ave. N, Crystal, MN 55422 Al
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MINNESOTA
RIVER TREE SCHOOL
FFIXED
ANALYSIS:
CRYSTAL
S: 1 SEAT @ 22" PER PERSON MINNESOTA
TUARY FLOOR: 280 SEATS 60 SEATS
ATS : 340 SEATS .,
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It
7
15 �, FOR
ITT, ��F--
CITY
UCTIONS
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s +n i�MAIN LEVEL FLOOR PLAN erT N
SUBMISSION
vEXISTING
MAIN LE
BALCONY FLOOR I
A2
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0
��.lo. nes., aLOWEfl LEVEL FLOOR PLAN R—is—j °t m
STATION
NINETEEN
Ar Ite s - InCorpomIed
en ous,
11--lA
MINNESOTA
IVER TREE SCHOOL.�
CRYSTAL
MINNESOTA
CITY
SUBMISSION
EXISTING LOWER LEVEL
FLOOR PLAN
A3