Title

Al Farooq Youth and Family Center (AFYFC)

Sections

Frequently asked questions

 

How has the site been used prior to the present time?

The building at 8201 Park Ave. S. was originally used as Northgate Elementary School, part of the Bloomington public school system. As total public school enrollments declined (from 26,000 in 1971, to 16,400 in 1980, to 11,400 in 1990, and to 10,160 in 2010), the School District sold Northgate along with several other schools and it became a private school owned by the Lutheran High School Association and later the Concordia Academy Association of Schools. The building was also used as a place of assembly by the Maranatha Community Church.

What is the anticipated use of 8201 Park Ave. S. (the former site of Concordia High School)?

The Al Farooq Youth and Family Center completed their purchase of the site on August 23, 2011. They are currently using it as a place of assembly/community center and plan to add a school and a day care which is similar to its previous use as a school and place of assembly and to several other school, worship and assembly uses in residential areas. The City of Bloomington Zoning Ordinance allows places of assembly, schools and day cares in the R-1 Zoning District after issuance of a conditional use permit. In fact, almost every place of assembly and school in the City is zoned R-1, several of which have access only from local residential streets.

What is the ownership status of the site?

Sale of the site from Concordia Academy Association of Schools to Dar Al-Farooq was finalized on August 23, 2011.

Are there use restrictions tied to the deed for the property?

In 1953, the City acquired the property now known as Smith Park from Marvin H. Anderson Construction. In 1961 the City deeded 5 acres to the Bloomington School District on which they built Northgate School. In 1966, the deed was amended by the original seller of the property to the City to remove all use restrictions on the property. Under Minnesota Law, deed restrictions automatically expire after 30 years. Accordingly, even without the amendment in 1966, any restrictions that might have applied would have expired in 1983. The property was sold by the School District to the Lutheran High School Association in 1991. Title searches done for that sale revealed no apparent defects in the title.

What City approvals has the Al Farooq Youth and Family Center received?

On May 2, 2011, the Bloomington City Council approved a conditional use permit for a place of assembly/community center, a school and a day care within the existing building. The Al Farooq Youth and Family Center meets all of the requirements to qualify for a conditional use permit, subject to conditions of approval. The Planning Commission's and City Council's role in reviewing a Conditional Use Permit is to ensure that a use will meet City Code requirements. In the case of the Concordia High School/Maranatha Community Church transitioning to the Al Farooq Youth and Family Center, the primary City Code requirement to review relates to the amount of on-site parking required. In light of the applicant's parking needs, the fact that parking is shared in part with Smith Park and the fact that assembly use is proposed to occur at the same time as the school use, the City Council adopted conditions of approval requiring the construction of additional parking and limiting the use of the building.

No other land use approvals are required as this is a private land sale between two private parties, similar to selling a home or business property. The City's involvement is limited to whether the new use meets the applicable City Code standards.

On November 21, 2011, the Bloomington City Council approved a Preliminary and Final Plat to combine a portion of the Xcel Energy Powerline Corridor with two AFYFC owned parcels to form one parcel.

Were changes proposed to the site?

  • No building additions were proposed.
  • The Al Farooq Youth and Family Center made some interior modifications, such as completing the fire protection sprinkler system, which was previously required of Concordia Academy but not completed.
  • To ensure sufficient parking as required by the City Code, the City Council also required that at least 25 parking spaces be added prior to assembly use of the building, that at least 25 additional parking spaces be added prior to school use of the building and that an additional 50 "proof of parking" spaces be added if overflow parking becomes a problem. The location of the additional parking spaces was approved administratively before being subsequently constructed and complies with City Code standards. The additional parking is proposed entirely on the 8201 parcel. The potential "proof of parking" is also proposed entirely on the 8201 parcel although the Al Farooq Youth and Family center could relocate the "proof of parking" to another Code complying location in the future.

Is the Al Farooq Youth and Family Center affiliated with the Muslim Community Center at 8910 Old Cedar Ave. S.?

No, the Al Farooq Youth and Family Center is not affiliated with other existing places of assembly in Bloomington.

For places of assembly, is the fact that the facility ownership or use will be by a religious organization or the denomination of the assembly relevant to the City's review of the application?

No. In accordance with federal law, Bloomington does not discriminate based upon religious orientation. Rather than classifying facilities as "churches," "mosques," "synagogues," "temples," etc., the Bloomington Zoning Ordinance uses the broader classification of "place of assembly." The Zoning Ordinance also does not differentiate between assemblies for worship purposes or for non-worship purposes. What is relevant to the review is how many people will be assembling and whether the assembly areas and support facilities such as parking meet City Code requirements, not the program or agenda for these assemblies. The fact that the public assemblies on this property may be religious is not relevant to the City's analysis or approvals under its Zoning Ordinance, nor does federal law allow the nature of the religious assembly enter into the City's review.

When was the original application considered by the Planning Commission and City Council?

  • (Public Comment Period)
    During the public comment period, a request was made for the Council to reconsider the application. No motion to reconsider was made.
    Watch on YouTube (video begins at Public Comment Period)

How was the community notified of the application?

As with any conditional use permit application, the following land use notification procedures were employed. The City uniformly adheres to these notification procedures for conditional use permits to ensure it is not discriminating against any proposed use:

  • A public hearing notice was published in the Bloomington Sun Current on March 10, 2011.
  • A public hearing notice was sent to all property owners with property wholly or partially within 500 feet of the property line of 8201 Park Avenue South on March 11, 2011. The notification boundary was measured from 8201 Park Avenue South because the uses requiring a conditional use permit (school, day care and place of assembly/community center) were proposed on that parcel. The required additional parking is also being constructed on 8201 Park Avenue South (note that the construction of on-site parking is approved administratively and does not require notice). At the four public hearings, the City heard from neighborhood residents who submitted comments, called in with questions or attended the public hearings in response to the notice. Note that Bloomington's standard of 500 foot notification for conditional use permit public hearings exceeds the State standard of 350 feet. Notice is sent to the property owner of record according to the City Assessor's records.
  • An email announcing the Planning Commission agenda and providing a link to additional online information was sent to everyone subscribed to receive updates through the E-Subscribe system. Currently, the City has 539 subscribers to Planning Commission updates.
  • Emails announcing the City Council agendas and providing links to additional online information were sent to everyone subscribed to receive updates through the E-Subscribe system. Currently, the City has 576 subscribers to City Council updates.
  • Planning Commission and City Council agendas are also posted on the City's website in advance of the meeting.
  • Public hearings are aired both live and through frequent replay on cable TV on The Bloomington Channel 14.
  • Public hearings are streamed live on the internet and are available for review after the meeting.
  • In this case, the Bloomington Sun Current also provided its own coverage of the application.

Did the City Council take parking into consideration when approving the application?

Yes, the issue of parking received significant discussion during the public hearings. To address concerns regarding the overall level of parking for both City park and Al Farooq use during various combinations of uses, the City Council adopted the following conditions of approval:

  1. Prior to the issuance of a certificate of occupancy for use of the building for assembly, the property owner/applicant must obtain all required approvals for and construct at least 25 City Code compliant additional on-site parking spaces on land owned by the property owner/applicant;
  2. Prior to use of the building as a school and prior to the use of the spaces identified as school classrooms, the property owner/applicant must obtain all required approvals for and construct at least 25 City Code compliant on-site parking spaces (in addition to parking spaces described in Condition a above) on land owned or permanently controlled by the property owner/applicant;
    1. Prior to the issuance of any certificate of occupancy, the property owner/applicant must sign a proof of parking agreement prepared by the City that: identifies the location for the construction of 50 City Code compliant on-site parking spaces (in addition to the parking spaces identified in Conditions a and b above) on land owned or permanently controlled by the property owner/applicant; and
    2. Agrees that the additional 50 parking spaces must be constructed if overflow parking occurs;
  3. While the school/day care is in session, the use of the large gymnasium and cafeteria is limited to school/day care activities;
  4. While other on-site assembly areas are in use, the use of the large gymnasium and cafeteria is limited to student activities that do not generate additional parking demand;
  5. A sidewalk connection, as approved by the City Engineer, linking the school with the southeast Smith Park parking spaces must be constructed if overflow parking occurs (AFYFC has constructed this sidewalk on private property. As with any private sidewalk, public use is at the discretion of the owner.);
  6. The user of the site must maintain rights to utilize the parking spaces on land not owned by the property owner/applicant as identified in the staff report and must provide copies of agreements/leases to the Planning Manager;
  7. Changes in occupancy, building use or access to the parking spaces on land not owned by the property owner/applicant as identified in the staff report must be reviewed and approved by the Planning Manager and may require an amendment to the Conditional Use Permit;
  8. Joint parking and outdoor recreation/athletic facilities usage agreements between the City and the property owner must be updated by September 1, 2011 to reflect proposed site use patterns, subject to the approval of the Parks and Recreation Manager;
  9. The property owner, subject to the review and approval of the Parks and Recreation Manager, must prepare in January of each year, an annual plan that coordinates the use of joint parking areas and outdoor recreation/athletic facilities in a manner that minimizes overlapping demand;
  10. The capacity of the large gymnasium is limited to 500 occupants;
  11. The property owner must provide traffic control services if overflow parking occurs; Additional parking constructed would be built on privately owned property (not on parkland).

Will the sale of Concordia Academy have an impact on parking for people using the soccer and football fields?

The City and School have agreements that permit joint use of much of the parking on school and park property (not including the City parking lot on the east side of Smith Park, which is open for school or general public use during posted park hours only). The City is working with AFYFC to develop an updated and consolidated agreement for Council consideration. The public's use of the parking lot adjacent to the baseball field and soccer/football field will continue as when the Lutheran High School/Concordia Academy was active in the building. The heaviest use by Al Farooq is anticipated during Friday daytime assemblies, which has not been a prime use time for the fields, as well as during a handful of special events scheduled at the community/family center. As was the case with the Lutheran High School/Concordia Academy occupancy, Parks and Recreation staff will meet at least annually to coordinate activity schedules in order to minimize parking conflicts.

What remedies are available if overflow parking occurs?

City remedies include:

  • In addition to the 25 parking spaces that were required to be constructed prior to assembly use and the 25 parking spaces that were required to be constructed prior to school use, the approval requires the applicant to construct up to 50 additional parking spaces if overflow parking becomes a problem.
  • Enforcing occupancy limits.
  • Adding on-street parking restrictions.
  • Revoking the Conditional Use Permit if City Codes or conditions of approval are violated.

If there is an emergency caused by overflow parking, call the Police Department at 911.

Potential applicant remedies include:

  • Constructing additional surface parking beyond the 100 additional parking spaces discussed above. Land is available for additional parking on site.
  • Arranging for off-site parking accessed via shuttle bus.
  • Managing use combinations and event timing to avoid overflow.

To report off-street parking complaints, contact the Environmental Health Division at 952-563-8934 or envhealth@BloomingtonMN.gov. To report on-street parking complaints, contact the Police Department non-emergency line at 952-563-8804.

Would additional parking cause flooding in the area?

The additional parking approved for this site meets City storm water management standards. Part of those standards require that the runoff rate of storm water exiting the site during target storm events after development of the parking areas not exceed the runoff rate of storm water exiting the site before development of the parking areas. In other words, improvements are required on site to ensure possible flooding for neighbors is not made worse. The standards also require water quality control for storm water exiting the new parking areas.

How will times of peak activity compare to past uses?

The site has been used in the past as a combined school (Concordia Academy) and place of assembly (Maranatha Community Church). Unlike the past uses which likely had peak activity during sporting or school events in the evenings, the Al Farooq Youth and Family Center anticipates peak activity midday Fridays during their assemblies, which is the reason for providing additional parking.

Are changes proposed at Smith Park?

No changes are proposed at Smith Park. People may continue to use Smith Park in the future as they are allowed to use Smith Park today.

Will the public still have access to the football/soccer field, the basketball court and tennis court behind the school?

The Lutheran High School Association and the City of Bloomington jointly developed and funded parking areas, the football/soccer field, the basketball court and the tennis court behind the school. Agreements between the Association and the City provide for joint parking and for joint use of the football/soccer field, the basketball court and the tennis court through the year 2024 and can be further extended. The agreements run with the land, so AFYFC acquired the rights to use the jointly developed parking and the requirement to make available for public use the jointly developed fields and courts. Access to the fields and courts is provided from Smith Park.

Did the Bloomington School District request a loan from the City of Bloomington to purchase 8201 Park Ave. S.?

No, the Bloomington School District did not request a loan from the City of Bloomington. The sale of the property was a private transaction to which the City was not a party. The City does not have the authority to facilitate or prohibit the sale of the property between private parties. Nothing in the property records limited the transfer of the property from Concordia to any buyer. Whether or not the Bloomington School District purchases a given property, either outright or through its eminent domain authority is solely the decision of the Board for the Independent School District.

To what extent are there flooding issues in the neighborhood?  Did the City take away park land in Smith Park to address such flooding?

  • Storm water has flowed to Smith Park since the 1950s.
  • The majority of storm sewer serving in the neighborhood was installed in the 1950s and 1960s. It was designed according to accepted standards at the time and, generally, will fully convey storm water from a “10-Year” storm (a storm event expected to have a 10% probability of occurring each year). When larger events occur, the storm sewer, by design, reaches its capacity and water temporarily ponds in low spots in the street. In 1988, significant additional infrastructure was installed to address flooding that occurred in the area as a result of record rain fall events in 1987. The criteria used in design of this infrastructure was to prevent impact to structures from a “100-Year” storm (a storm event expected to have a 1% probability of occurring each year). These improvements resulted in FEMA significantly reducing the size of the 100-Year Floodplain surrounding Smith Park on Flood Insurance Rate Maps.
  • Beyond the temporary street flooding which occurs during larger rain events, Staff is not aware of any significant public flooding issues in the neighborhood since the 1988 improvements.
  • As with most neighborhoods in the community, some localized flooding and drainage concerns exist on private properties which are often a result of local grading and building placement.
  • As part of the master plan for Smith Park (1998), the storm water pond in Smith Park was modified to improve storm water quality and to act as an amenity to the park. The modifications did not significantly change the overall size or footprint of the pond, nor were they intended to provide more flood storage or address any identified neighborhood flooding issues.

Was Smith Park used to provide storm water rate control for Walmart that was originally planned on the former Olson Chain and Cable site?

  • Early in the Walmart development process, the Olson Chain and Cable property was considered as a possible site for a Walmart pond. As plans developed, Walmart decided not to use the Olson Chain and Cable property. Rather, Walmart provided rate control on their own site and paid a lump sum fee to the City to satisfy their water quality requirements – which was allowed at that time. The City then utilized those funds for regional water quality improvements.
  • Later, in an unrelated project, the City purchased the Olson Chain and Cable property as part of the right-of-way acquisitions needed for American Boulevard. After taking the right-of-way the City needed, the City sold the remainder of the property to a hotel, which used the land to build a new pool/recreation addition as the land was not needed for additional storm water ponds.
  • The Smith Park improvements were guided by a Master Plan prepared by S.E.H. (October 1, 1998) that provided for a number of identified needs – one of which was an opportunity to improve water quality and enhance natural habitat. Comparing “before” and “after” aerials of the site, the total area dedicated to ponding did not change much. Rather, it was reconfigured slightly to meet recreational needs and to allow for better storm water treatment. The decision to remove the two northerly youth ballfields was not directly tied to the storm water improvements. Instead, it was based on the results of the master planning process that weighed all the identified programmatic needs of the park.

Has the size of Smith Park decreased?

The boundaries of the park have been constant since the City transferred land to the School District to construct Northgate Elementary School in 1961. The school building and gymnasium are on private property as are the football field, tennis courts and basketball court. The City has a lease through 2024 (with a possible ten year extension to 2034) for shared use of the football field, tennis courts and basketball court, subject to limitations contained in the lease.

Overall Smith Park has 24.67 acres including the pond. The approximate surface area of the pond in 1998 was 6.3 acres while the approximate surface area of the pond today is 7.0 acres, an increase in pond surface of about 11%.

This expansion was tied to the adopted Smith Park Master Plan approved in 1998 to include improvements to water quality, wildlife habitat, and overall ecology to make the pond more of an amenity to go along with the park improvement project.

The expansion of the pond to accommodate these additional purposes reduced the dry land area of Smith Park by roughly 3%.

Will parking for the Al Farooq Youth and Family Center decrease the size of Smith Park?

No additional parking is proposed on City owned or leased park land. Al Farooq Youth and Family Center was required by condition of approval (see parking conditions of approval above) to construct 25 additional parking spaces prior to assembly use, construct 25 additional parking spaces prior to school use and submit plans for 50 potential additional spaces should they prove to be needed (“proof of parking” spaces). All of these parking spaces are on private property. None are on park property.

Has the City responded to concerns about potential uses that Al-Farooq mentioned in a promotional YouTube video?

The following is a letter sent to Al Farooq Youth and Family Center to assist in clarifying uses allowed under the approvals they have received from the City.

The following reply letter was received from the Al Farooq Youth and Family Center.

What public use and access rights exist on the AFYFC site? 

There are agreements and easements in place that provide for limited public use and access on the AFYFC site, including joint use recreational fields and courts, joint parking areas for Smith Park and two public trails.  The map below (see link) depicts the location of those amenities.  The remainder of the AFYFC site is not available for public use except at the invitation of the property owner. 

The two letters linked below further answer questions on public access rights along with other neighbor questions.

Is the use of the football field for a semi-pro football team a permitted activity under the City’s Zoning Code?

Please see the following letter:

What are conditional uses and Conditional Use Permits?

  • Like Bloomington, most American cities have adopted zoning ordinances that divide their city into multiple zones called zoning districts.  Certain land uses are allowed in each zoning district and others are prohibited.  For example, in most cities, one cannot establish a factory in a residential zoning district.
  • Zoning districts typically divide allowed uses into categories such as permitted, conditional, interim and accessory.  Permitted uses are allowed to establish in existing buildings without further review, interim uses are allowed only for a limited period of time and accessory uses are allowed only when established in conjunction with another allowed use.
  • Conditional uses are allowed within the district subject to compliance with use related standards and after the issuance of a "Conditional Use Permit" or CUP, which is an application process through which conditional uses are reviewed against defined standards.  The Conditional Use Permit process includes:
    • Notification of property owners near the proposed use;
    • Staff review of the application to determine compliance with established standards;
    • An opportunity for the public to submit written comments on the application;
    • A public hearing where the public can share information with decision makers;
    • The ability to attach conditions of approval to address compliance with standards; and
    • A final decision on the application by a board.  In Bloomington, that board is the City Council for certain land uses and the Planning Commission for other land uses.  For decisions made by the City Council, the Planning Commission also makes a recommendation.
  • Conditional Use Permits run with the land.  In other words, as a building is bought and sold, the Conditional Use Permit continues to apply to the land and remains valid.
  • In Bloomington, Conditional Use Permits expire if the use is discontinued for a continuous period of one year or greater.
  • If the Code specified standards and findings are met, Conditional Use Permits must be granted.
  • In Bloomington, places of assembly and community centers are conditional uses in most districts.
  • Regulations such as public safety codes of building / fire / health / lighting apply to all uses, whether they are permitted, conditional, accessory or interim – enforcement of those codes are handled separately and do not impact the facility's basic land use approvals.
  • Enforcement of city codes such as parking and traffic that are the result of the actions of individual operators of vehicles is dealt appropriately with those individual operators rather than the facility they are visiting.
  • In the case of 8201 Park – exceeding the 500 occupant limit in the gym or simultaneous use of the gym and assembly space impacts the demand for parking.  If ongoing overflow parking conditions materialize, triggering construction of the remaining 49 proof of parking spaces is the appropriate way to address those conditions as set forth in the CUP.
  • Under federal law (specifically RLUIPA), special protections are provided to religious uses and governments are prohibited from imposing a substantial burden on religious practice unless that burden furthers a compelling government interest and is the least restrictive way to further that interest.

Where can I find out more?

  • Review Planning Commission and City Council minutes (see links in the "When was the original application considered by the Planning Commission and City Council?" section above).
  • Contact the Planning Division with any questions at planning@BloomingtonMN.gov or 952-563-8920.
Contact Information

Contact Information

Planning Division

952-563-8920