Legislation Details

File #: RES 22-050    Version: Name: CUP Amend - Darul Arqam Center of Excellence (22-0004)
Type: Resolution Status: Passed
File created: 4/4/2022 In control: City Council
On agenda: 4/4/2022 Final action: 4/4/2022
Title: Granting a Conditional Use Permit Amendment to Allow for Additional Classrooms for an Educational Use in a B-2 (Community Commercial) Zoning District at 8710 Central Avenue NE. Darul Arqam Center of Excellence (Case File No. 22-0004/SAS)
Sponsors: Sheila Sellman
Attachments: 1. Attachments, 2. Unapproved PC Minutes 030822

Development Business - Sheila Sellman, City Planner

 

Title

Title

Granting a Conditional Use Permit Amendment to Allow for Additional Classrooms for an Educational Use in a B-2 (Community Commercial) Zoning District at 8710 Central Avenue NE. Darul Arqam Center of Excellence (Case File No. 22-0004/SAS)

end

 

Executive Summary

The applicant is requesting a conditional use permit amendment to allow for classrooms in the upper level of their building. Their current conditional use permit specifically allows for classrooms in the lower level.

 

Schedule of Actions

Planning Commission Public Hearing

03/08/22

City Council (Conditional Use Permit)

04/04/22

Action Deadline

04/15/22

 

Background

Staff report prepared by Sheila Sellman, City Planner

 

In 2013, a Conditional Use Permit (CUP) was approved for an educational use in the B-2 district for the Darul Arqam Center of Excellence (DACOE) at 8710 Central Ave. The existing small office/retail building was purchased by DACOE in 2013 and the CUP approved in 2013 was specifically for the lower level only. DACOE is requesting a CUP Amendment to expand classrooms to the upper level of the building.

 

The following classes will continue to be offered at this location:

•                     Class#1: Monday to Friday 8AM to 3:30PM

•                     Class#2: Saturday & Sunday 10:30AM to 1:30PM

•                     Class#3: 2 hours per week after 3:30PM during weekdays

 

The class limit is a maximum 20 students with one teacher managing each offered class. The offered classes are staggered with a possibility of overlapping two classes for at least an hour with one teacher assigned for each class. This will remain the same for the upper level.

 

When the CUP was issued in 2013, the parking was calculated using 4,100 square feet of retail/office space on the second floor and educational use parking requirements for the lower level, which resulted in 24 stalls. Reviewing parking under educational use, the requirements are 3 parking stalls per classroom. With the proposed additional classrooms there will be a total of 9 classrooms, which requires 27 parking stalls. Currently, parking has been sufficient at 24 stalls. As this use moves forward, the parking situation on site will be closely monitored to ensure that all parking can be accommodated on this site. The City Council will reserve the right to review the parking situation further if complaints are received about overflow parking onto city streets or other sites.

 

Other than tenant build out there are no other improvements proposed. The Minnesota Accessibility Code and interpretation has changed. An accessible route to the upper level (elevator or platform lift, ramp) is not required if the cost of installing an accessible route is more than 20% of the total of the remodel construction cost. Based on the provided elevator bid and the estimated construction cost, an elevator would not be required. Since a platform lift or a ramp would typically be much cheaper than an elevator, the architect or contractor will need to provide written verification that the installation of a ramp or platform lift would exceed 20% of the total of the remodel construction cost when submitting plans for a building permit. If this is provided, then an accessible route to the second level would not be needed. The conditions in the original approvals (Resolution 13-107) still apply to this use.

 

Conditional Use Permit

Section 27.04 Criteria for granting conditional use permits:

 

The Blaine City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable. (Ord. No. 20-2447, 7-20-2020)

 

1.                     The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The school has been in existence since 2013 and has not caused an excessive burden. The additional classrooms would likely not create a burden.

2.                     The use will be located, designed, maintained, and operated to be compatible with adjoining properties and the existing or intended character of the zoning district. (Ord. No. 20-2447, 7-20-2020). The site was reviewed and modified with the original CUP in 2013 and has been compatible with the adjoining properties.

3.                     The use shall have an appearance that will not have an adverse affect upon adjacent properties. The building appearance will not change with the proposed new classrooms.

4.                     The use, in the opinion of the City Council, shall be reasonably related to the overall needs of the City and to the existing land use.

5.                     The use shall be consistent with the purposes of the zoning code and purposes of the zoning district in which the applicant intends to locate the proposed use. The use has already been established to be consistent with the purposes of the zoning code.

6.                     The use shall not be in conflict with the comprehensive plan of the City. The comp plan designation is community commercial. This district is for large freestanding retail commercial centers, restaurants, limited office, and service depending on scale and location. In 2013 the use was deemed compatible, and the service component is consistent.

7.                     The use will not cause traffic hazard or congestion. Currently the use has not caused a traffic hazard or congestion. The additional classrooms should not either. A condition of approval is: The City Council will reserve the right to review the parking situation further if complaints are received about overflow parking onto city streets or other sites.

8.                     The use shall have adequate utilities, access roads, drainage, and necessary facilities. This condition was met when site improvements were completed with the 2013 CUP.

 

Strategic Plan Relationship

Not applicable

 

Board/Commission Review

The Planning Commission voted unanimously to approve the conditional use permit amendment. There were no comments at the public hearing.

 

Financial Impact

Not applicable

 

Public Outreach/Input

Notice of a public hearing were:

1.                     Mailed to property owners within 350 feet of the property boundaries. 

2.                     Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.

3.                     Posted on the City’s website.

4.                     Posted (sign) on the property with contact information for the Planning Department.

 

Staff Recommendation

By motion, adopt the Resolution

 

Attachment List

Zoning and Location Map

Floor Plan

Narrative

Unapproved Planning Commission Minutes 3/8/22

 

Body

                     WHEREAS, an application has been filed by Darul Arqam Center of Excellence as Conditional Use Permit Amendment Case File No. 22-0004; and

 

                     WHEREAS, said case involves the land described as follows:

 

Lots 76 & 77 SPRING LAKE PARK SHORES ADDITION

 

                     WHEREAS, a public hearing has been held by the Blaine Planning Commission on March 8, 2022; and

 

                     WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit Amendment be approved; and

 

                     WHEREAS, the Blaine City Council has reviewed said case on April 4, 2022.

 

                     NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit Amendment is hereby approved per Section 30.10 and 27.04 of the Zoning Ordinance to allow for an extension of the educational use in a B-2 (Community Commercial) zoning district to the second floor based on the following conditions:

 

1.                     Conditions listed in Resolution 13-107 still apply to the CUP Amendment.

2.                     A Certificate of Occupancy (C.O.) must be obtained from the Building Inspection and Safety Services Department.

3.                     Change of use from general office/retail to education/classroom may require a new SAC (Sewer Access Charge) determination from Metropolitan Council Environmental Services (MCES). Applicant to be responsible for any additional SAC payment that would be required.

4.                     The City Council will reserve the right to review the parking situation further if complaints are received about overflow parking onto city streets or other sites. No parking from this use or site is allowed on the service road (Central Avenue), 87th Avenue or other surrounding streets.

5.                     An accessible route to the upper level (elevator or platform lift, ramp) is not required if the cost of installing an accessible route is more than 20% of the total of the remodel construction cost. The architect or contractor to provide written verification that the installation of a ramp or platform lift would exceed 20% of the total of the remodel construction cost when submitting plans for a building permit.

6.                     Classrooms are limited to 20 students and one teacher.

7.                     Classes are limited to: Monday to Friday 8AM to 3:30PM, Saturday & Sunday 10:30AM to 1:30PM, and 2 hours per week after 3:30PM during weekdays.

 

PASSED by the City Council of the City of Blaine this 4th day of April, 2022.