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Home My WebLink About14.A. Amendment to City Code Section 11.36, Subd. 3-Ord. No. 700 /1 f) J CITY OF SHAKOPEE FH~ ~ "'t>pil .'~}-~~' "' ~\~ ~ "~" Memorandum r" ' , ."V ii~ ~ CASE LOG NO.: 04-019 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Amendment to City Code Section 1136, Subd. 3 - Text Amendment Allowing Public & Private Colleges/Universities as a Conditional Use in the Highway Business (B-1) Zone MEETING DATE: April 20, 2004 INTRODUCTION: The Minnesota School of Business (MSB) has requested a text amendment to allow public & private colleges/universities as a Conditional Use in the Highway Business (B-1) Zone. If approved, they propose to establish a campus at the Shakopee Town Square Mall. However, if this request were approved, it would affect not just the Mall property but all B-1 zoned property in the City. Staff had prepared a report and draft resolution for the Planning Commission's review at their April 8, 2004 meeting. The Commission recommended approval with a condition that staff research and revise the language of draft condition #4, which pertains to parking requirements. Staff has conducted research of what other communities have required for technical and community colleges, and have recommended language, as follows: 4. shall provide one (1) parking space per every two (2) students, plus one (1) space per every employee and member of staff, based on the time of day that experiences the greatest capacity. ALTERNATIVES: 1. Approve Ordinance No. 700, approving the text amendment as presented. 2. Approve Ordinance No. 700, approving the text amendment with revisions. 3. Do not approve the proposed amendment. 4. Table the matter for additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the proposed amendment at its April 8, 2004 meeting, and recommended approval of the proposed amendment by a 6-0 vote, with a condition that staff research and revise the proposed language concerning parking requirements. A copy of the staff report from the Commission meeting is attached for the Council's reference. ACTION REQUESTED: Offer and pass a motion to approve Ordinance No. 700, amending City Code Sec. 11.36, Subd. 3 as presented. ~ Planner I ORDINANCE NO. 700, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11.36, IDGHWAY BUSINESS ZONE (B-1), SUBD. 3, CONDITIONAL USES THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.36, is hereby amended by adding the language which is underlined. SEC. 11.36. HIGHWAY BUSINESS ZONE (B-1), Subd. 3. Conditional Uses. X. Public and private colleges/universities licensed by the State of Minnesota, subiect to the following conditions: 1. shall be located adiacent to an arterial or collector street as identified in the comprehensive plan, or otherwise located so that access can be provided without conducting significant traffic on local residential streets: 2. shall have all buildings set back fifty (50) feet from all property lines: 3. shall have parking facilities set back fifteen (15) feet from streets and non-residential property, twenty-five (25) feet from residential property: 4. shall provide one (1) parking space per every two (2) students, plus one (1) space per every employee and member of staff, based on the time of day that experiences the greatest capacity: 5. shall screen parking facilities adiacent to residential property with a berm, fencing and/or landscaping to a minimum height of three (3) feet: 6. shall have drop-off and pick-up areas located outside of the public right-of-way, and designed to enhance vehicular and pedestrian safely: 7. shall have recreational areas designed for group sports activities set back 25 feet from residential property, with adequate screening to protect neighboring properties from noise and adverse visual impacts: 8. shall comply with applicable City Code design and performance standards: 9. shall not have any lighted playing fields unless the visual impact on residential areas can be substantially mitigated: and 10. shall have an impervious surface percent of no more than 60 percent. and the remainder of the site shall be suitably landscaped. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of ,2004. Mayor of the City of Shakopee ATTEST: City Clerk Published in the ShakopeeValleyNews on the day of ,2004. -J:bCj CITY OF SHAKO PEE Memorandum CASE NO.: 04-019 TO: Shakqpee Planning Commission FROM: Mark Noble, Planner I SUBJECT: Text Amendment Allowing Public and Private CollegeslUniversities as a Conditional Use in the Highway Business (B-1) Zone MEETING DATE: April 8, 2004 REVIEW PERIOD: February 26 to June 25, 2004 INTRODUCTION: The Minnesota School of Business (MSB) has submitted a text amendment application, requesting that the City of Shakopee allow public and private colleges/universities as a Conditional Use in the Highway Business (B-1) Zone. DISCUSSION: The Minnesota School of Business is proposing to establish a campus at the Shakopee Town Square Mall (Exhibit A). They are currently negotiating to purchase the Mall, except for the Marcus Theater space, and renovate that portion previously used by Klnart into a campus for approximately 500-1000 students (Exhibit B). Presently, public or private schools having a course of instruction approved by the MN. Dept. of Education for students enrolled in K through grade 12 are conditional uses listed in the agricultural and the residential districts. MSB is seeking approval for their use to be allowed as a conditional use in the B-1 Zone. If the text amendment is approved, they will proceed with the submittal of a Conditional Use Permit for review by the Board of Adjustment and Appeals, Staffhas prepared draft language for this text amendment, based on conditions already established for schools in the agricultural and residential districts, and based on the use being located on a commercial property. The Commission should review these conditions and provide staffwith direction on incorporating additional conditions or on revising/removing proposed conditions as necessary, should this text amendment be approved. SEC. 11.36. HIGHWAY BUSINESS ZONE (B-1). Subd. 3. Conditional Uses. X. Public and private colleges/universities licensed by the State of Minnesota. subiect to the following conditions: 1. shall be located adiacent to an arterial or collector street as identified in the comprehensive plan. or otherwise located so that access can be provided without conducting significant traffic on local residential streets: 2. shall have all buildings set back fifty (50) feet from all property lines~ 3. shall have parking facilities set back fifteen (15) feet from streets and non- residential property. twenty-five (25) feet from residential property: 4. shall provide one (1 ) parking space per three (3) students. plus one (1) space per employee on largest shift~ 5. shall screen parking facilities adjacent to residential property with a berm. fencing and/or landscaping to a minimum height of three (3) feet: 6. shall have drop-off and pick-up areas located outside of the public right-of- way. and designed to enhance vehicular and pedestrian safely: 7. shall have recreational areas designed for grOUp sports activities set back 25 feet from residential property. with adequate screening to protect neighboring properties from noise and adverse visual impacts~ 8. shall comply with applicable City Code design and performance standards~ 9. shall not have any lighted playing fields unless the visual impact on residential areas can be substantially mitigated~ and , 10. shall have an impervious surface percent of no more than 60 percent. and the remainder of tJ:e site shall be suitably landscaped. City Code states that the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist. Staffhas prepared draft findings for the Board's consideration: Criteria #1 That the original zoning ordinance is in error; Finding #1 The original zoning ordinance is not in error; however, the amendment as proposed allows for consistency in handling applications for public/private schools as conditional uses by the Board of Adjustment and Appeals, with specific conditions applied dependent on whether the property is residential or commercial zoned. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have taken place. While the principle purpose of the B-1 Zone remains to provide for more traditional commercial uses, it has become clearer that there are other uses that can be compatible with the existing uses of the B-1 Zone. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in development patterns have not occurred; however, changes have occurred in this particular neighborhood that warrant a determination on .. ~. whether to allow the mall to develop as a mixed- use development as requested, which staff believes may potentially benefit both the existing commercial.uses as well as the proposed educational use. Staffanticipate that students will utilize the mall's commercial businesses for shopping, eating and recreational purposes, while the campus provides mall employees and citizens from around the Shako pee community a venue to further enhance their education, as well as a tenant/on-site property owner that intends to improve the appearance of the property.' Criteria #4 That the Comprehensive Plan requires a different provision. Finding #4 The proposed amendment does not conflict with the policies outlined in the , , Comprehensive Plan. Staffhas received comments from the Shakopee Fire Inspector, who' commented that the site shall comply with Shakopee Fire Prevention Bureau Policies and that pennits are required for alterations to fire protection systems, and from Minnegasco, who commented that there is a 6u 450 p.s.i. transmission line on the east end ofthe property, and that no building is allowed on the easement area. If the text amendment is approved, staff will incorporate these comments into the draft Conditional Use Permit resolution at the time that application is being reviewed. ALTERNATIVES: 1. Recommend to the City Council approval of the proposed text amendment as presented. 2. Recommend to the City Council approval of the proposed text amendment with revisions. 3. Do not recommend to the ,City Council approval of the proposed text amendment. 4. , Continue the public hearing for additional information. 5. Close the public hearing, but table the matter for additional information. STAFF RECOMMENDATION: Staff recommends alternative no. 1 or 2. ACTION REQUESTED: . Recommend to the City Council approval of the proposed text amendment as presented, or with revisions. ~~~ - MMkNoble .. ...... '. Planner I' , G:\commdev\boaa\2004\04-08\ta colleges-univ E~~U!>'T A ,-' // J 1/" ----! i !!: , ! L.J l , .. .. ... ~ ',..;' ...... i.. /',", ~ . , ~~~~;,i _/ ._~,L. i [jJr;~ " I '=llth A 'W'" .,.",- /, )"-"'- ._~ , , .." -:-ve-. ,---~- ~// ~--' L:: ,~-:~ :--f - ' '!f~t~ f:_T :w L__ -- ,- --. -_ ,-,- --j- - ' ,- 1 ..,_,__..-,I! I ~ " :.... i " : Ij--_....i ['--1.- c__ , f---+--_~ L__--+_,_.: ." .. .,.j t--' Ii, , '~~ It:' , :, L I---+-- 1-- , --~ 1;-- --",- '. ..,i .,---' ~ L--+-" , , L_.j , ! 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