VII.3. Conditional Use Permit to Allow a Private High School Use in a Residential Zone; Lindahl
March 5, 2019 City Council Report 2019-025
A Conditional Use Permit to Allow a Private High School Use in a Residential Zone
Proposed Action: Staff recommends the City Council approve the following motion:
• Move to adopt Resolution 2019-016, approving a conditional use permit for St. Gabriel
Church to operate a private high school (the Chesterton Academy) within a residential zone,
subject to conditions.
Overview
The applicant, St. Gabriel Church, requests approval of a conditional use permit to allow
operation of the Chesterton Academy in the existing school portion of their St. Joseph church
campus located at 1310 Mainstreet. The property is zoned R-5, High Density Residential and
public or private schools are conditional uses in this district. A search of city records did not
find an existing conditional use for the previous school. Therefore, the City is asking the church
to go through the conditional use permit process as part of re-establishing the school use with
Chesterton Academy. Chesterton Academy plans to work within the existing building and
number of classrooms with minimal interior renovation. Based on the finding detailed in this
report, both the Planning & Zoning Commission and staff recommend the City Council
approve this request.
Primary Issues to Consider
• Background
• Conditional Use Permit
• Alternatives
Supporting Documents
• Resolution 2019-016
• Site Location Map
• Applicant’s Narrative
• Plans and Building Elevations
• Neighborhood Meeting Summary
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
Background.
City Council Report 2019-025
Page 2
The original St. Joseph church building located at 1310 Mainstreet was founded in 1922. It
merged with St. John church located at 6 – Interlach Road and became St. Gabriel. The St.
Joseph church campus includes the church building along with separate convent and school
buildings. St. Joseph also owns a 2.5 acre parcel to the east that contains open space and a 170
stall off-street parking lot.
City records indicate the school building was added to the St. Joseph campus in 1953. It housed
a catholic kindergarten to 8th grade school until the mid-1990s. In 2003, the school was
renovated for the new Mainstreet School of Performing Art tenant which occupied the building
until 2016.
The church now intend to contract with the Chesterton Academy for use of the school building.
According to the Chesterton Academy, they are a private Catholic high school that provides a
rigorous, integrated curriculum taught through the lens of the Catholic faith. The school was
launched in the fall of 2008 with just 10 students and now enrolls 170 students in grades 9
through 12 at two campuses. Additional students are enrolled at 15 sister schools operating in
the United States, Canada and Italy as part of the growing Chesterton Schools Network.
Neighborhood Meeting. Hopkins neighborhood meeting policy requires applicants for
conditional use permit or rezoning applications located adjacent to or within residential zoning
district to host an informational meeting for neighbors within 350 feet of the subject property.
The applicant held their neighborhood meeting on Monday, February 18 from 7:00 to 8:00 P.M.
at the church. According to the applicant, no members of the public attended the meeting to
provide comment (see attached e-mail).
Planning & Zoning Commission Action. The Planning & Zoning Commission held a public
hearing to review this item (Planning Application 2019-02-CUP) during their meeting on
February 26, 2019. During the meeting, the Commission heard a summary presentation from
staff but no comments from the public.
Headmaster and Superintendent for Chesterton Academy Dave Beskar also addressed the
Planning & Zoning Commission. Mr. Beskar gave a brief summary of the school and expressed
their excitement about moving to Hopkins. Chairperson Warden thanked Mr. Beskar and asked
if any of the other Commissioners had questions. Hearing none, the Commission voted 6-0 to
recommend the City Council approve this application.
Conditional Use Permit.
Conditional use permit applications are considered quasi-judicial actions. In such cases, the City
is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning
Ordinance and Subdivision Ordinance are being followed. Generally, if an application meets
these requirements it should be approved. The City may choose to add conditions of approval
that are directly related to the conditional use permit standards.
In evaluating a conditional use permit application, the Planning & Zoning Commission and City
Council shall consider and require compliance with the general conditional use permit standards
in Section 525.13, Subdivision 15. Section 530.09, Subdivision 1.d also lists specific conditional
use permit standards for public or private schools in residential zoning districts. A detailed
review of both the general conditional use permit standards in Section 525.13, Subdivision 15
and the specific standards for public or private schools in residential zoning districts in Section
City Council Report 2019-025
Page 3
530.09, Subdivision 1.d are provided below.
Section 525.13, Subdivision 15. General Standards for Conditional Use Permits.
a) The consistency with the elements and objectives of the City's development plan, including
the comprehensive plan and any other relevant plans at the time of the request.
Finding: Re-establishment of a private school on the subject property is consistent with
both the 2030 Comprehensive Plan and the Draft 2040 Comprehensive Plan – Cultivate
Hopkins. The 2030 Comprehensive Plan Future Land Use Map guides the subject property
as HDR – High Density Residential. According to the 2030 Comprehensive Plan, the High
Density Residential category is associated with the R-5 and R-6 zoning classifications. The
subject property is zoned R-5, High Density Multiple Family, which allows public or private
schools as a conditional uses.
By comparison, the Draft 2040 Comprehensive Plan – Cultivate Hopkins Future Land Use
Map guides the subject property as Downtown Center. This district is intended to serve as
the central economic, social and civic district for Hopkins and the region. This area is
intended to absorb a significant amount of anticipated future growth. Maintaining Hopkins’
unique identity and sense of place must be a central consideration when planning for future
growth.
b) Consistency with this ordinance;
Finding: The existing use and proposed improvement to the subject property are consistent
with the City’s ordinance, subject to conditions. In this case, “ordinance” refers to the
zoning standards contained in Section 530 (Residential Districts) and Section 525.13
(Conditional Use Permit). The R-5, High Density Residential zoning district identifies public
or private schools as a conditional use. The applicable standards are addressed in the
conditional use permit criteria below.
c) Creation of a harmonious relationship of buildings and open spaces with natural site features
and with existing and future buildings having a visual relationship to the development;
Finding: Since this application proposed no changes to the site or exterior building, staff
finds the proposed improvements will not significantly alter the existing relationship of
buildings and open space with natural site features or their visual relationship to the
development.
d) Creation of a functional and harmonious design for structures and site features, with special
attention to the following:
1.) An internal sense of order for the buildings and uses on the site and provision of a
desirable environment for occupants, visitors and the general community;
Finding: The applicant intends to renovate and update the interior space in the building
facilities. These changes will improve the internal sense of order for the buildings and
uses on the site and provide a desirable environment for occupants, visitors and the
general community.
City Council Report 2019-025
Page 4
2.) The amount and location of open space and landscaping;
Finding: The applicant proposed no changes to the amount or location open space or
landscaping.
3.) Materials, textures, colors and details of construction as an expression of the design
concept and the compatibility of the same with the adjacent and neighboring structures
and uses.
Finding: The applicant proposes no changes to the exterior materials.
4.) Vehicular and pedestrian circulation, including walkways, interior drives and parking in
terms of location and number of access points to the public streets, width of interior
drives and access points, general interior circulation, separation of pedestrian and
vehicular traffic and arrangements and amount of parking.
Finding: As designed, the site has adequate off-street parking and vehicle and pedestrian
circulation facilities to accommodate the existing church and proposed private high
school. Based on the City’s off-street parking standards in Section 550, the existing
church requires 180 stalls while the new private high school use requires 95 stalls for a
total of 275 stalls. By comparison, the church has a total of 189 off-street parking stalls
(19 on the church property and another 170 on the property they own directly across
13th Avenue South).
While the church and school uses together exceed the off-street parking requirements,
neither use on its own exceeds the requirement and they have complimentary hours of
operation. Section 550.01, Subdivision 8 allows for joint parking facilities provided the
individual facilities are not reduced and the joint parking space is not greater than 350
feet from the entrance of the building being served. Two striped crosswalks across 13th
Avenue South guide church patrons and students from the parking lot to the church
campus.
Off-Street Parking Requirements for the Mixed Use District
Use Standard Requirement Proposed Status
School 1stall/2 classrooms
1 install/7 students
16 classrooms = 8
606 students = 87 189
Conforming based on
shared parking with
complementary use times Church 1 stall/3.5 seats 630 seats = 180
Total N/A 275
Notes – Number of students based on design capacity (occupancy) for the classrooms. One pew seat equal to 22”.
e.) Promotion of energy conservation through design, location, orientation and elevation of
structures, the use and location of glass in structures and the use of landscape materials and
site grading;
Finding: At this point, applicant’s remodeling plans do not include improvement to
promote energy efficiency. Should the applicant’s building permit plans include
improvements to lighting, water, plumbing or mechanical facilities, the applicant will be
required to provide more detailed energy calculations as part of any applicable permits
City Council Report 2019-025
Page 5
applications.
f.) Protection of adjacent and neighboring properties through reasonable provision for surface
water drainage, sound and sight buffers, preservation of views, light and air and those
aspects of design not adequately covered by other regulations which may have substantial
effects on neighboring land uses, and;
Finding: Since the applicant proposes no changes to the site or exterior building, no
additional protection for adjacent and neighboring properties are required.
g.) The use will not be injurious to the use and enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor tend to or actually diminish and impair
property values within the neighborhood.
Finding: The existing church has operated in its current location since 1922. Based on past
experience, the proposed use will not be injurious to the use and enjoyment of other
property in the immediate vicinity or diminish and impair property values within the
neighborhood.
h.) In Institutional zoning districts, the Conditional Use Permit application shall comply with
the standards, conditions and requirements stated in Section 542.03 of this Ordinance.
Finding: Section 542.03 provides for standards related to a conditional use that includes
demolition or removal of dwelling units and does not apply to this application.
i.) Traffic impacts such as increases in vehicular traffic, changes in traffic movements, traffic
congestion, interference with other transportation systems or pedestrian traffic, and traffic
hazards shall be considered by the Planning & Zoning Commission and City Council in
evaluating an application for a Conditional Use Permit.
Finding: Re-establishment of a private high school use on the church campus should not
significantly change or increase traffic patterns or parking needs on the site (see parking
analysis in Section d.4 above).
Section 530.09, Subdivision 1.d. Public or private schools within the R-2 to R-6 districts
provided:
a) No buildings are located less than 50 feet from any lot line.
Finding: The original church was constructed in 1922 and predates the City’s current zoning
standards. As could be expected, the existing school building does not conform to these the
50 foot setback standard with existing side yard setbacks as close as 5 feet. Therefore, the
site is considered legal non-conforming with regard to setbacks and must comply with
Minnesota Statute 462.357, Subdivision 1e., which allows legal nonconformities the statutory
right to continue through repair, replacement, restoration, maintenance, or improvement but
not through expansion. These rights run with the land and are not limited to a particular
landowner. If the benefited property is sold, the new owner will have the same rights as the
previous owner.
City Council Report 2019-025
Page 6
b) A fence is erected along the boundary line, which is common with abutting private property.
Finding: The portion of the church campus that contains the school only abuts private
property along its western boundary line. An existing fence and several large trees run along
this shared property line. Staff recommends a condition of approval require the applicant to
maintain this fence and landscaping.
Engineering Review. Given the applicant plans no exterior changes to the building or site, the
Engineering Department has no comments regarding this application.
Alternatives
1. Approve the conditional use permit application from St. Gabriel Church. By approving
the conditional use permit, Chesterton Academy will be allowed to operate a private high
school within a residential zone.
2. Deny the conditional use permit application from St. Gabriel Church. By denying the
conditional use permit, Chesterton Academy will not be allowed to operate a private
high school within a residential zone. Should the City Council consider this option,
findings must be identified that support this alternative.
3. Continue for further information. The items should be continued if the City Council
finds that further information is needed.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2019-016
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ST. GABRRIEL
CHURCH TO OPERATE A PRIVATE SCHOOL (THE CHESTERTON ACEMY) WITHIN A
RESIDENTIAL ZONE (PID 24-117-22-33-0001)
WHEREAS, the applicant, St. Gabriel Church, initiated an application for a conditional use
permit (CUP) to allow operation of a private high school (the Chesterton Academy) within a residential
zone, subject to conditions; and
WHEREAS, the subject property is located at 1310 Mainstreet (PID 24 -117-22-33-0001) and
legally described as follows:
COM AT INTERSEC OF S LINE OF EXCELSIOR AV AND THE E LINE OF SW 1/4
OF SW 1/4 TH W ALONG SAID S LINE 270 FT TH S 350 FT TH E PAR WITH SAID S
LINE OF EXCELSIOR AVE TO E LINE OF SW 1/4 OF SW 1/4 TH N TO BEG, UNPLATTED 24 117
22 ADDITION, HENNEPIN COUNTY, MINNESOTA; and
WHEREAS, the procedural history of the application is as follows:
1. That a conditional use permit application was initiated by the applicant on February 6, 2019;
and
2. That the applicant held a neighborhood meeting at St. Joseph Church on February 18, 2019 in
conformance with the City of Hopkins Neighborhood Meeting Policy.
3. That the City of Hopkins Planning & Zoning Commission, pursuant to published and mailed
notice, held a public hearing and reviewed such application on February 26, 2019 and all
persons present were given an opportunity to be heard; and
4. That the written comments and analysis of City staff were considered;
5. That the Hopkins Planning & Zoning Commission voted 6-0 to recommend the City Council
approve this request; and
6. That the Hopkins City Council reviewed this application during their March 5, 2019 meeting
and agreed with the findings of the Planning & Zoning Commission.
WHEREAS, staff recommended approval of the above stated application based on the findings
outlined in City Council Report 2019-025 dated March 5, 2019.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby
approves a conditional use permit allowing operation of a private high school (the Chesterton Academy)
in a residential zone, subject to the conditions listed below.
1. The applicant shall receive approval of all necessary permits from the Building, Engineer and Fire
Departments.
2. Conformance with all general conditional use permit standards in Section 525.13, Subdivision 15,
and the specific conditional use permit standards for public or private schools within a residential
zone in Section 530.09, Subdivision 1.d.
3. The applicant shall receive all necessary permits and approvals from the Nine Mile Creek
Watershed District prior to issuance of a building permit.
4. Maintenance of the existing fence and landscaping along the subject property’s western property
line.
Adopted by the City Council of the City of Hopkins this 5th day of March 2019.
_______________________
Molly Cummings, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
Site Location Map – St. Joseph Church
Subject Property
From:Jack Matasosky
To:Jason Lindahl
Cc:Rich Kirchoff; Gordy Schiltz
Subject:[EXTERNAL] Chesterton School
Date:Tuesday, February 19, 2019 6:50:47 AM
Good morning Jason - as an FYI- the neighborhood meeting was held and no one came, except for church and
school officials.
That being said, and therefore assuming there is no objection to the uses, are you ready to prepare the staff report?
Do you see staff recommendation as supporting the use?
Am traveling today and back in office tomorrow morning.
Thank you!
Jack
Sent from my iPhone