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HomeMy WebLinkAboutResolution PC2023-19 River Grove signedCity of Stillwater Washington County, Minnesota RESOLUTION PC2023-19 RESOLUTION GRANTING AN INTERIM USE PERMIT FOR PROPERTY LOCATED AT 601 MAIN STREET NORTH IN THE CENTRAL BUSINESS DISTRICT TO OPERATE A K-6 SCHOOL, KNOWN AS RIVER GROVE SCHOOL, AND DETERMINE IT A USE DEEMED SIMILAR TO "SCHOOLS, BUSINESS AND TECHNICAL" (PROJECT NO. CD 2023-21) WHEREAS, the City of Stillwater received an application ("Application") for a conditional use permit from Manitou Fund ("Applicant"), requesting the ability to use the real property located at 601 Main Street North, legally described on Exhibit A (the "Property") for a Kindergarten through 6th Grade ("K-6") school; and WHEREAS, the Property is located in the Central Business District; and WHEREAS, a K-6 school is not a permitted use in the Central Business District; and WHREAS, elementary schools are allowed as either a Permitted use or Conditional use in the Low Density and Medium Density Residential Zoning Districts but are not expressly allowed in any commercial zoning district; and WHEREAS, "Schools, Business and technical" is a permitted use in the Central Business District; and WHEREAS, the Planning Commission has the authority to approve other uses not expressly allowed in the Central Business District if they are of the same general character as another use that is identified as an allowable use in the Central Business District; and WHEREAS, on April 28, 2023, the City determined the Application to be incomplete due to lack of a traffic impact study; and WHEREAS, on May 18, 2023, the City received the traffic impact study and deemed the Application complete as of that date; and WHEREAS, Applicant intends to lease the Property to River Grove School ("School") to operate a K-6 elementary school for a period of time while the School searches for a permanent location more suited for its environmental focus; and WHEREAS, Only a Dim Image, operating as the Zephyr Theatre, is selling the Property to the Applicant and had a Special Use Permit to operate as a commercial recreational center at the Property; and WHEREAS, the School has indicated it would like to allow the Zephyr Theatre to hold occasional performance events at the Property, so long as the events do not conflict with the School's activities; and WHEREAS, on May 12, 2023, the Applicant revised its application to remove the request for a Conditional Use Permit and instead requests an Interim Use Permit for the School to operate for up to four (4) years; and WHEREAS, on May 24, 2023, the Planning Commission held a Public Hearing and considered the application for an Interim Use Permit. WHEREAS, based on the information presented in the Planning Commission packet, as well as the reports and information presented at the hearing as well as the public testimony, the Planning Commission hereby makes the following: FINDINGS OF FACT 1. The use of the Property for a K-6 school for River Grove School is determined by the Planning Commission to be of the same general character to that of "Schools, business and technical," which is allowed as a permitted use in the Central Business District. 2. The use of a School at the Property will not impair the present or potential use of adjacent properties. 3. The use of a School conforms to the zoning regulations. 4. The date or event that will terminate the use can be identified with certainty as either the date the lease between River Grove School and the Applicant expires or July 31, 2025, whichever occurs first. 5. Permission of the use as a School will not impose additional costs on the City if it is necessary for the City to take the property in the future. 6. The Zephyr Theatre previously occupied the Property and utilized it to conduct performing arts events and was deemed to be a Commercial Recreational Center, which is allowed in the Central Business District as a Conditional Use. 7. The Zephyr's Conditional Use Permit is being rescinded as part of this Interim Use Permit since it will no longer own the Property and be the primary use. 8. The School has indicated it will allow the Zephyr Theatre to use the Property for occasional performing arts events. 9. Such occasional use by the Zephyr Theatre for performing arts events is considered to be incidental to the principal use of the Property as a School. 10. The Applicant has agreed in writing to all conditions that the Planning Commission deems appropriate for permission of the use as a School. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby grants an Interim Use Permit for the Property to allow River Grove School to operate a K-6 school as an "educational institution, school," a use determined to be similar to "Schools, business and technical," contingent upon the Conditions below. CONDITIONS Term of IUP. a. The Interim Use Permit shall be coterminous with the School's lease with the Applicant or shall terminate on July 31, 2025, whichever occurs first. b. The Interim Use Permit shall terminate if there is any expansion of the School or intensification of the School's use without an amendment to this Interim Use Permit by the Planning Commission. c. The Interim Use Permit may terminate upon revocation by the City Council after notice and opportunity for hearing. 2 2. Maximum Number of Students. The maximum number of students enrolled in the School at any one time shall be 200. 3. Zephyr Theatre Use. Zephyr Theatre's use of the building would be coordinated with the Applicant and the School. The Zephyr Theatre events and School events shall not occur simultaneously or in such a manner as to cause traffic issues or public safety concerns on Main Street or with adjacent properties. This provision does not prohibit the Zephyr Theatre from conducting activities with the School customarily associated with K-6 educational programming limited to the students enrolled at the School. 4. School Use. The School may use the Property for River Grove School and its related activities year-round for those activities customarily associated with K-6 educational programming limited to the students enrolled at the School. a. School activities shall generally be conducted between the hours of 8 a.m. and 4 p.m. but the School building hours may be open between 7 a.m. and 10 P.M. b. No activity shall be permitted that unreasonably disturbs the peaceful enjoyment of adjacent properties. c. The School may have no more than 4 buses on the Property at any one time. The storage of school buses is not permitted on the Property. 5. Traffic Plan. The City approves of the Traffic Plan for queuing regarding drop off and pick up times, prepared by SRF Consulting Group, which is attached hereto as Exhibit B ("Traffic Plan"). If it is determined that a modification is needed to the Traffic Plan in order to enhance safety, the modified plan shall be reviewed and must be approved in writing by the Community Development Director. a. The Applicant shall require the School to educate the parents regarding the approved Traffic Plan and make all efforts to ensure parents comply with the Traffic Plan, including the assignment of School employees at various locations at School entrances and in the parking lot areas during drop off and pick up times, as well as during any events, to protect the safety of the students, parents, buses and other vehicles on the Property. b. If the Traffic Plan and queuing of vehicles interferes with traffic on Main Street or becomes an immediate threat to the public health, safety or general welfare, the City may take all measures necessary in consultation with the Applicant, including rerouting traffic, enlisting public safety personnel or any other means, at the cost of the Applicant, in order to protect public safety. c. Additional signage and controls may be required by the City, as determined by the Community Development Director, in order to preserve sightlines and public safety. d. MNDOT shall review and approve the proposed Traffic Plan. e. The Applicant shall demonstrate that buses can safely use the City's parking lot on the north side of the Property, as approved by City Staff. The 3 areas on the Traffic Plan where children will be present for bus drop off and pick up shall be separated and shall not intersect with parent drop off and pick up in such a manner that it would cause a danger to children or vehicles. 6. Parking Lot. If the south parking lot does not provide sufficient parking to meet the School's needs, as determined by the Community Development Director, the Applicant shall provide for an alternative off -site parking plan. In such case, the School shall provide written documentation to the City of the alternate off -site parking plan, which may include, but is not limited to, the Applicant entering into a lease with the City for use of the parking lot located immediately adjacent to and north of the Property. 7. Outdoor Events. No outdoor events that draw crowds shall be allowed by the School or by Zephyr Theatre without a Special Event Permit or Interim Use Permit from the City. 8. Rescission of the Prior Planning Approvals. The following planning resolutions that were previously approved for the Property by the City are hereby rescinded and terminated and are of no further force and effect: a. CPC 1988-3 (IUP Temporary kitchen) b. CPC 1994-25 (SUP trolley system) c. CPC 2003-23 (SUP for restaurant and Variance for parking) d. HPC 2003-13, HPC 2003-66, CPC 2003-95 (Sign variance for canopy sign — denied) e. HPC 2016-6 (Design permit for addition to the structure - lapsed) f. CPC 2016-12 (SUP for expansion to structure - lapsed) g. CPC 2021-31 (Special Event Permit for outdoor performances — Zephyr) h. CPC 2022-54 (IUP for outdoor events — terminates with sale of property) 9. Other Provisions. a. The Property shall be properly maintained, free of refuse, garbage and debris. b. Exterior lighting shall be for security purposes and shall be downcast in style. c. The Property shall not be subleased to any other user without an amendment to this Interim Use Permit. d. Any violation of the above conditions or of the Stillwater City Code may result in the revocation of the Interim Use Permit. Adopted by the City Planning Commission this 24th day of May, 2023. CITY F STILLWATER Jon Dybvig, eky P,t nning Commission Chair 4 ATTEST: ,�>_.t IN Tim Gladhill, Community Development Director Applicant hereby acknowledges and agrees to the conditions set forth above. MANITOU FUND By:_ Title: Date