Agenda - Council - 03/13/2012 - Laserfiche WebLink

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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. Recommendation: 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. Funding Source: All costs associated with the application are the responsibility of the applicant. Council Action: 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. Attachments Site Location Map Preliminary Sketches of Floor Layout Draft Planning Commission Meeting Minutes Dated March 1, 2012 Proposed Findings of Fact Proposed Interim Use Permit