V. 1. 2023-02 Rezoning and Conditional Use Permit Amendment for 1428 Preston Ln (Agape Christi Academy)
April 25, 2023
Planning Application 2023-02
Rezoning and Conditional Use Permit Amendment for 1428 Preston Lane
Proposed Action: Staff recommends the following motion:
• Move to adopt Planning & Zoning Commission Resolution 2023-02, recommending the
City Council deny requests for Rezoning and a Conditional Use Permit for the property
located at 1428 Preston Lane.
Overview
This application was submitted by Agape Christi Academy, who is pursuing a purchase of the
entire St John’s Interlachen campus. Agape Christi Academy is a private school operator,
currently located in Eden Prairie. The campus includes the school and church building which
would be respectively used for a K-12 school by Agape Christi and leased to a church
congregation. The property also includes a rectory building (1428 Preston Lane). The applicant
is seeking approval to demolish the rectory and replace it with open recreation area that would
be used by the school. According to their submitted plans the recreation area would be a grass
field, with evergreen plantings and fencing along the western border.
1428 Preston Lane is current zoned N2-A, Large Lot Suburban Neighborhood. The Hopkins
Development code prohibits the demolition of dwelling units in N-zoned properties without
having plans to replace the residence. Furthermore, neither schools or parks and open spaces are
eligible uses in the N2-A zone, so the applicant is seeking a rezoning to P2, Public-Institutional.
The Conditional Use request is needed to extend the school use onto the 1428 Preston Lane
parcel. Denial of this request would not preclude Agape Christi from operating their school at
this location. These requests are specific to the project to demolish the rectory and use it for
school-related activities.
Primary Issues to Consider
• Background
• Rezoning Standards
• Conditional Use Standards
• Alternatives
Supporting Documents
• Applicant’s Narrative and Site Plan
• Planning and Zoning Commission Resolution 2023-02
_____________________
Ryan Krzos, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
Planning Application 2023-02
Page 2
BACKGROUND
The St. John’s Campus is a long-standing institutional facility in the Interlachen Park
Neighborhood. The St. John the Evangelist School building was built in 1950. Also in 1950 the
residence serving as the rectory was built at 1428 Preston Lane. In 1967, a Special Use Permit
was granted to allow the construction of an addition to serve as the church. In 2013, the St.
John’s School ceased operating. From the fall of 2015 to 2019, Agamim Classical Academy
operated a charter school in the school building and the parish continued to use the church.
Agape Christi Academy is now pursuing an acquisition of the entire campus. Per the applicant, a
new religious congregation will be able to lease the church space, once the parish fully
consolidates their operations at the Mainstreet property. To provide addition on-site recreational
facilities, the applicant is seeking approval of the land use requests to demolish the rectory and
construct a play area.
Public Comment. This conditional use permit and rezoning application requires a public
hearing. The City published notice of this public hearing in the local paper and mailed notices
directly to those properties within 500 feet of the subject property. Signage informing the
community of a development proposal was also displayed on the site. As of the writing of this
report, the City received three comments on this item in addition to approximately a dozen
phone calls. The submitted public comments are included as an attachment to this report. Staff
will provide an update on all public comments received to the Planning & Zoning Commission
during the public hearing.
Neighborhood Meeting. The Zoning Code requires the applicant to host a neighborhood
meeting before the public hearing to explain the project, answer questions and take any
comments. This meeting took place on April 11 in the Community Room at St. John’s. A
summary of that meeting is attached to this report.
Legal Authority. This request includes a rezoning and a conditional use permit amendment.
The rezoning application is considered a legislative action, meaning that the City is formulating
public policy and zoning standards to regulate the type of development land uses it desires.
Under the law, the City has wide flexibility to create standards that will ensure the type of
development it desires. Conversely, the conditional use permit application is considered a quasi-
judicial action. For this type of application, 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 a conditional use application is found to meet the requirements it
should be approved.
Primary Issues to Consider – Rezoning
The decision to amend the zoning map, or rezone a parcel, is a matter of legislative discretion that
is not controlled by any one criterion or standard. In making recommendations and decisions
about zoning map amendments, the Planning & Zoning Commission and City Council must
consider all relevant factors, including at least the following:
(1) Whether the proposed zoning map amendment (rezoning) is in conformity with the
comprehensive plan; and
(2) Whether the proposed zoning map amendment (rezoning) corrects an error or
inconsistency or will help meet the challenge of a changed or changing condition.
Planning Application 2023-02
Page 3
Consistency with the Comprehensive Plan. The 2040 Comprehensive Plan guides the subject
property, the entire St John’s campus, and the surrounding Interlachen Park Neighborhood as
Suburban Neighborhood. The Suburban Neighborhood designation is meant to allow for low
density single family neighborhoods and accessory uses such as parks and neighborhood scaled
public and institutional uses.
The Comprehensive Plan is divided into sections addressing the City’s Built, Social, Natural, and
Economic Environments. Each of the sections contains goals and policies to guide growth and
development within the City.
The built environment section contains the City’s land use, housing, and transportation goals. The
land use goal having the most relevancy to this rezoning decision is the goal to support and
strengthen the city’s residential areas with reinvestment and appropriate infill. Furthermore, a
policy supporting this goal is to encourage the preservation and enhancement of the community’s
detached single family housing stock, especially in the Estate Neighborhood and Suburban
Neighborhood future land use categories. Staff finds that the proposed rezoning to be inconsistent
with this goal and policy in that it would enable the demolition of a dwelling unit.
The housing goal having the most relevancy to the rezoning is to maintain the quality, safety, and
character of existing housing stock. A policy supporting this goal is to protect single family homes
from demolition, unless demolition is needed to achieve citywide goals. Staff finds that the
proposed rezoning to be inconsistent with this goal and policy as the demolition would not
meaningfully achieve citywide goals.
The above noted policies which seek to protect and preserve single family homes from demolition
reflect a long-standing community sentiment; which is further reflected in the City’s Development
Code. Specifically, demolition of dwellings in N-zoned area is prohibited without a plan to replace
the unit. Accordingly staff finds that the requested rezoning is inconsistent with these policies of
the Development Code and Comprehensive Plan, and accordingly should be denied.
Correction of an Error or Addressing a Change/Changing Condition. The requested
rezoning would not correct an error or inconsistency in the existing Zoning Map. The subject
parcel has a neighborhood zoning designation consistent with the principal residential use of the
existing rectory structure. Though it was owned by the church and used as a rectory, the residential
zoning was reflective of the actual use, not of the church ownership. Although ownership of the
campus is changing, it is staff’s understanding that the school and church use will be unchanged.
Consistency with City Code
In addition to the guidance of the Comprehensive Plan, staff also considered the intent of the City
policy restricting the demolition of single family homes. The policy was adopted in 2010 as a result
of discussions held with community around the demolition of single family homes in order to
expand The Blake School campus. The requested rezoning would conflict with the intent of this
policy, accordingly staff recommend the request be denied.
Primary Issues to Consider – Conditional Use Permit
A conditional use permit may be approved only if the City determines that:
(1) The proposed conditional use is consistent with the comprehensive plan and the purposes
Planning Application 2023-02
Page 4
of this development code;
(2) The proposed conditional use complies with all applicable provisions of this development
code; and
(3) The proposed conditional use will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
Staff has not conducted a detailed analysis of the requested conditional use permit against the
above noted standards as the use is only eligible for consideration if the property is rezoned. As
noted above, staff recommends the City deny the rezoning. Notwithstanding, should the Planning
and Zoning Commission be inclined to support the rezoning and thereby the conditional use
request; that recommendation to the City Council should identify how the proposal meets these
criteria.
Furthermore, the Planning and Zoning Commission could recommend conditions on the new play
area that would address potential negative impacts on surrounding property. For instance, that no
lighting be installed in the new play area, or that additional screening is needed to address noise
concerns. It should be noted that there are not any specific conditions or standards for accessory
playground for schools in the Zoning Code. Additionally, there are not set planting/fencing
buffering requirements at the boundary between P2 and N zones, as would be the new condition
at 1428 Preston along the west property line.
Alternatives
1. Recommend denial of the proposed rezoning and conditional use permit. By recommending
denial, the City Council will consider a recommendation of denial. This option would not
preclude Agape Christi from operating their school at this location as the existing
Conditional Use Permit is valid for the current campus. This request is specific to the
proposal to demolish the rectory and use it for school-related activities.
2. Recommend approval of the proposed rezoning and conditional use permit. By
recommending approval, the City Council will consider a recommendation of approval
which may include suggested conditions. Should the Planning & Zoning Commission
consider this option, it must also identify specific findings that support this alternative.
3. Continue for further information. If the Planning Commission indicates that further
information is needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
PLANNING AND ZONING COMMISSION RESOLUTION NO: 2023-02
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY
COUNCIL DENY REQUESTS FOR REZONING AND AN AMENDMENT TO A
CONDITONAL USE PERMIT FOR PROPERTY LOCATED
AT 1428 PRESTON LANE (19-117-21-41-0026)
WHEREAS, Agape Christi Academy (“the applicant”), on behalf of the current owner, the
Parish of St John the Evangelist, initiated an application to rezone the property located at 1428 Preston
Lane (19-117-21-41-0026) from N2-A, Large Lot Suburban Neighborhood to P2, Public-Institutional
and requested an amendment to the conditional use permit for the Church and School to allow for an
accessory playground on the subject property; and,
WHEREAS, the subject property is legally described as Lot 15, Preston’s Interlachen Park,
Hennepin County, Minnesota; and,
WHEREAS, the procedural history of the application is as follows:
1. That applications for rezoning and a conditional use permit amendment were initiated
by the applicant on February 24, 2023 and deemed complete on March 27, 2023; and
2. That the Hopkins Planning and Zoning Commission, pursuant to mailed and published
notice, held a public hearing on the application and reviewed such application on April
25, 2023 and all persons present were given an opportunity to be heard; and,
3. That the written comments and analysis of City staff were considered.
WHEREAS, staff recommended denial of the above stated application based on the findings
outlined in the staff report dated April 25, 2023.
NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the
City of Hopkins hereby recommends the City Council deny requests for Rezoning and an amended
Conditional Use Permit for the property located at 1428 Preston Lane based on the following findings:
1. The proposed rezoning would be inconsistent with the goals and policies of the Hopkins
2040 Comprehensive Plan. Specifically as follows:
a. The requested rezoning is inconsistent with the policy stated in the Land Use
section to preserve and enhance the community’s detached single family
housing stock in Suburban Neighborhood future land use category.
b. The requested rezoning is inconsistent with the policy stated in the Housing
Section to protect single family homes from demolition, unless demolition is
needed to achieve citywide goals.
2. The proposed rezoning is inconsistent with the City’s development code, specifically
section 102-11170 related to demolition of dwelling units.
3. The proposed rezoning does not correct an error or inconsistency nor will it help meet
the challenge of a changed or changing condition.
4. Without the rezoning to P2, Public-Institutional, expansion of a use accessory to the
school and church use onto the property zoned 1428 Preston Lane is not eligible for
consideration with the current N2-A zoning;
Adopted this 25th day of April 2023.
__________________
Nathan White, Chair
CITY OF HOPKINS
Hennepin County, Minnesota
PLANNING AND ZONING COMMISSION RESOLUTION NO: 2023-__
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY
COUNCIL APPROVE REQUESTS FOR REZONING AND AN AMENDMENT TO A
CONDITONAL USE PERMIT FOR PROPERTY LOCATED
AT 1428 PRESTON LANE (19-117-21-41-0026)
WHEREAS, Agape Christi Academy (“the applicant”), on behalf of the current owner, the
Parish of St John the Evangelist, initiated an application to rezone the property located at 1428
Preston Lane (19-117-21-41-0026) from N2-A, Large Lot Suburban Neighborhood to P2, Public-
Institutional and requested an amendment to the conditional use permit for the Church and School
to allow for an accessory playground on the subject property; and,
WHEREAS, the subject property is legally described as Lot 15, Preston’s Interlachen Park,
Hennepin County, Minnesota; and,
WHEREAS, the procedural history of the application is as follows:
1. That applications for rezoning and a conditional use permit amendment were
initiated by the applicant on February 24, 2023 and deemed complete on March 27,
2023; and
2. That the Hopkins Planning and Zoning Commission, pursuant to mailed and
published notice, held a public hearing on the application and reviewed such
application on April 25, 2023 and all persons present were given an opportunity to be
heard; and,
3. That the written comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of
the City of Hopkins hereby recommends the City Council approve requests for Rezoning and an
amended Conditional Use Permit for the property located at 1428 Preston Lane based on the
following findings:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Adopted this 25th day of April 2023.
__________________
Nathan White, Chair
City of Hopkins CUP and Zoning Application Narrative
March 24, 2023
The Parish of Saint Gabriel the Archangel (6 Interlachen Rd) is considering selling their church and school
(3 PIDs) and the adjacent rectory house (1428 Preston Ln) to Agape Christi Holdings, LLC to be operated
as a PK-12 school under Agape Christi Academy. To do execute this transaction, two changes are being
requested related to house.
First, we are seeking rezoning the house from Suburban Neighborhood, Large Lot (N2-A) to Public-
Institutional (P2). The intent of Agape Christi is to demolish the existing home to create an open green
space for recreation (i.e., recess and PE). Please find attached site plan drawings showing planned
changes.
Second, we are seeking to extend the existing conditional use permit (CUP) of the church/school to the
house property as well.
These modest changes affirm all 4 PIDS of this one campus are being transacted together for the
common purpose of education, which is already an approved use for the facility. As an illustration of this
unified campus, note the PID lines do not follow the layout of the campus such as the garage for the
house is on the “church” property. This indicates the campus has always been thought of as a unified
property with the priest living on the church campus to this day.
There are several benefits/insights for the City and neighborhood to consider:
• The demolition of the home will not increase commercial area.
• This will aid in stormwater management as it reduces the impervious area.
• There are no tax revenue implications since the church/school and house are already exempt
from property taxes.
• This enables the church/school to continue in service to our community, as it has for over 70
years.
• The neighbors may use the green space outside of school hours adding to their enjoyment.
Thank you for your consideration.
03.24.2023NORTHPROJECT SITEL100AGAPE CHRISTI ACADEMY6500 BAKER RD, EDENPRAIRIE, MN 55346PLANNINGAPPLICATIONCONTEXTMAP
0feet801" = 40'40120160EXISTINGCONDITIONSPLANPRESTON LANEBOYCE STREETINTERLACHEN ROADNORTH03.24.2023L101AGAPE CHRISTI ACADEMY6500 BAKER RD, EDENPRAIRIE, MN 55346PLANNINGAPPLICATIONRECTORYGARAGEST. GABRIELS CHURCH AND SCHOOLPLAYGROUNDLAWN
0feet801" = 40'40120160DEMOLITIONPLANPRESTON LANEBOYCE STREETINTERLACHEN ROADDEMOLISHGARAGE ANDDRIVEWAYDEMOLISH HOMEREMOVE EXISTINGTREES (2)NORTH03.24.2023L102AGAPE CHRISTI ACADEMY6500 BAKER RD, EDENPRAIRIE, MN 55346PLANNINGAPPLICATION
SITE PLANPRESTON LANEBOYCE STREETINTERLACHEN ROAD0feet801" = 40'40120160NORTH03.24.2023L103AGAPE CHRISTI ACADEMY6500 BAKER RD, EDENPRAIRIE, MN 55346PLANNINGAPPLICATIONPROPOSED 4' ALUMINUMPICKET FENCE OR SIMILARPROPOSEDARBORVITAEHEDGE 4' ALUMINUM PICKET FENCEOR SIMILARTHUJA OCCIDENTALIS HEDGEOR SIMILARPROPOSEDPERVIOUSGRASS LAWN
Interlachen Park Neighborhood Meeting Minutes
April 11,2023 |7:00pm
Presenter:Jed Culbertson,Headmaster at Agape Christi Academy
●14 neighbors in attendance
●Introduction to Agape Christi Academy
●Presented plans for converting the rectory into a green space
●Questions raised and addressed related to Agape Christi’s operations,size and
demographics,and anticipated growth.The predominant concerns raised related to
parking and drop-off/pick-up procedures.
●There was no opposition to the proposed rezoning and CUP amendment.Neighbors
present expressed Agape Christi’s acquisition and development of the property as a best
use scenario for the property.
Minutes captured and submitted by Brett Toney,Agape Christi Academy Board Secretary.
6500 Baker Road,Eden Prairie,MN 55346 •952-856-0103 •agapechristi.com
From:Elizabeth Hatlestad
To:Courtney Pearsall
Subject:[EXTERNAL] 1428 rezoning proposal
Date:Wednesday, April 19, 2023 3:36:26 PM
City Council Members, my name is Elizabeth Hatlestad and I live on Homedale, a few blocks from St.Gabriel’s
church. I wanted to provide some local resident support for the proposed rezoning of 1428 Preston so that Agape
Christi is able to provide a larger recreational space for their students. It is great that the school is going to be
utilized again. I enjoy the bustle and energy the kids bring to our neighborhood. Give them room to play and laugh.
I hope you opt to accept the proposal. Elizabeth Hatlestad
1
Ryan Krzos
From:KZ <krisz2099@gmail.com>
Sent:Tuesday, April 4, 2023 4:29 PM
To:Ryan Krzos
Subject:[EXTERNAL] Questions about 1428 Preston Lane rezone & CUP amendment
Hello Ryan,
My name is Kris Ziegler, my wife and I live at 109 Oakwood Road and live in close proximity to the church and school in
our neighborhood that is applying for the zoning change. We purchased our home in 1997 when it was an operating as
a Catholic grade school, we thought that was a nice feature to the neighborhood. In those days I worked from home
and could hear the sound of kids playing during recess on a nice fall day. We had a few school buses and a cars but
nothing that was overwhelming. Including the Sunday services.
We were notified by the school this week for a Q & A session on April 11, we plan to attend.
I would like to raise a few questions for the city regarding the use of this facility by the new owner and the amount of
auto traffic they anticipate will impact the neighborhood.
How many children do they anticipate will attend the school for PK through grade 12?
What percentage do they estimate will be brought to the school and back home via a school bus vs. parents dropping
them off and picking them up?
What plan do they have to mitigate traffic that will impact this neighborhood?
My reason for these questions are based on our experience with the charter school that occupied that building for about
3 or 4 years maybe between 2014 and 2018. The church leased the property to a charter school, we were told it was
about 100 students but quickly ramped up to a much larger number. Twice a day hundreds of cars descended on the
intersection of Boyce and Oakwood. This caused a lot of congestion where I couldn’t even get out of my driveway at
times. The parents were always in a rush, running stop signs in and out of the neighborhood, turning around in my
driveway. If you tried to talk to them they were either dismissive or rude.
I hate complaining to government officials and I tried to communicate with the priest and the school to find a way to
mitigate the problem. The priest was useless and the principal of the school just dismissed our request for some relief.
That school completely changed the character of our neighborhood and we were very happy when they vacated for
another location in Edina.
We all know parents are going to be dropping their kids off and picking them up twice a day. If no rules are established
many will be in a rush and will have zero regard for the people walking in this neighborhood. I think if they want to
occupy this property they need to provide a very specific plan on how they intend to mitigate the problems caused by
the parents of the students. The previous school caused complete mayhem and we have photos to prove it.
A few suggestions;
Only allow buses to bring students into this neighborhood. Perhaps they can lease a lot on the other side of Excelsior in
the commercial areas where students are dropped off by mom or dad and buses bring them into the neighborhood.
2
Post no parking signs and only allow parking on the streets with resident permits. Employees must park in school
parking lots.
Make it clear to school management they will not be allowed to dramatically change the character of this neighborhood
due to the traffic caused by their operation.
As it is right now, during school days I am not allowed to park on the street in front of that school to make room for their
buses. They should not be allowed to park anywhere but in front of their property and on their side of the street or in
their parking lots.
If there are drop offs, it should be ONLY be along their side of the street and monitored by staff from the school.
Develop a plan of lining up single file with only one way in and one way out. Make sure they observe stop signs and
speeds, there are A LOT of walkers along Boyce.
As an example, Blake school clearly has rules for their parents who drop off or pick up their children, they force all their
parents dropping off and picking up to line up along their road single file. Its organized and doesn’t spill into the
surrounding neighborhood
Thank you for reading this e‐mail. We appreciate you listening to our concerns and if this school has responsible
management, I believe a reasonable solution can be worked out. If they choose to ignore this problem like the last
school, the city will definitely hear about it from the residents.
Thank you
Kris Ziegler
612‐877‐2680
1
Ryan Krzos
From:Bob Bonnett <bob.bonnett@icloud.com>
Sent:Thursday, April 13, 2023 3:25 PM
To:Ryan Krzos
Subject:[EXTERNAL] Agape Christi Acamedy
Hello Mr Krzos
I have a home @ 123 Interlachen Road, Hopkins.
Am familiar with the area for nearly 50 years including the existence of the
current church/school and the impact in the area.
School was small and quit recently I think. Church attendance has declined
As the parking for church service did cover large area of this area, but not
amy more.
Agapechristy is seeking permission from the City and they have not
informed the NEIGHBORS very much. We do not know how many students
they currently, nor
If any increased size will be possible because of a new location.
The age of students at the OLD school prevented ans students from driving
to school,
But with the NEW plans students in a senior high class might be driving to
school.
My thinking is the potential expansion to a larger school for ALL ages is not
needed
In Hopkins, especially in a small neighborhood.
As a neighbor I would not recommend a school across the street from
That houses drinking situations with maybe 5 attendees residing there..
There might be better places to have a private school, not next to Excelsior
Boulevard,
Busy truck traffic in the area and likely many more vehicles in this area once
the new apartments are completed which are just 5 blocks from this
location.
I hope the City does not think moving this school into the residential area.
2
Kindly advise me if I should reconsider my thinking.
Sincerely
Robert Bonnett
123 Interlachen Road
6121 669 3810