5.2. PCSR 10-12-2010REQUEST FOR ACTION
To Item Number
Plannin Commission 5.2
Agenda Section Meeting Date Prepared by
Planning Items October 12, 2010 Jerem Barnhart, Plannin Manager
Item Description Reviewed by
Request by City of Elk River For Ordinance Amendment to add
Educational Uses in BP Zoning District, Reviewed by
Public Hearing -Case No. OA 10-06
Action Requested
Staff does not support the ordinance change on the grounds that educational uses are not appropriate in
the Business Park zoning district an area predominantly industrial in intensity and character.
Background/Discussion
Spectrum High School approached the City Council in September, 2010 with a desire to locate their high
school in a building in the Business Park Zoning district. They require a building that can accommodate
their growth in time for June, 2011. Further, state requirements do not permit charter schools to own
property. In essence, the school must find available property and a willing property owner to lease the
parcel to them before June, 2011.
Based on direction by the City Council, staff prepared an ordinance amendment that would permit a
school in the Business Park Zoning district. To address concerns that Institutional uses is too broad of a
term, and would allow churches and other similar uses in the Business Park zone, staff has prepared an
amendment that both adds a definition of "educational institution" and permits the same in the business
park zoning district as a conditional use.
Staff does not support schools in the business park zoning districts. Business Park had been developed
with the intention "to encourage a planned, integrated environment for certain industrial, office, and
commercial uses which are compatible with and complement each other as well as surrounding land
uses.
What happens when a research laboratory (a permitted use in the BP zone) wants to expand to continue
research using potentiallyhazardous chemicals? Does this practice put school children in harms way
unnecessarily? Is truck traffic or production noise a distraction to school children? While schools are a
clear benefit to a community, it is staff's opinion that schools do not complement business park uses.
Attachments
• Ordinance No. 10-
• Memo to City Council dated September 13 Re: Spectrum High School
Case File: OA 10-11
Page 2
Educational uses in Business Park
Action Motion by Second by Vote
Follow Up
IV:ADepa~tments\CommunityDevelopment\Planning\Case Files\OA\OA 10-11 Educational Uses BP\OA 10-11_PCdocx
ORDINANCE 10-_
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER
AMENDING SECTION 30-I OF THE CITY CODE OF ORDINANCES
RELATING TO EDUCATIONAL DEFINITIONS AND TO IDENTIFY
ADDITIONAL USES ALLOWED IN THE BUSINESS PARK (BP) DISTRICT.
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30-1 titled Definitions of Elk River City Code shall be
amended to read as follows:
Educationalln.rtitution, means A public, parochial, or private institution that provides
educational instruction to students in the 6-12 grade levels.
Section 2. That Section 30-1294 titled BP Business park district, subsection (d) titled
Conditional uses shall be amended to read as follows:
(10) Educational Institution
Section 3. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this _~ day of
October, 2010.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
N:\Departments\Community Development\Planning\Case Files\OA\OA 10-11 Educational Uses BP\Ordinance.doc~
Item # 6.2.
MEMORANDUM
~~
TO: Mayor and City Council
FROM: Jeremy Barnhart, Planning Manager
DATE: September 13, 2010
SUBJECT: Spectrum High School
I understand that some members of the City Council have been approached by Spectrum
High School asking for some help in relocating their operations currently located in the
northeast corner of County Rd 12 and Johnson Street in east Elk River. Officials of
Spectrum High School have approached staff in recent months with the same inquiry.
It is our understanding that, based on time, Spectrum requires an already built 24,000 square
foot building with the hope of taking occupancy June 1, 2011, when the lease on their
current location expires. They also stated their desire for space to expand the building to
40,000 square feet along with land for the tennis dome.
Spectrum High School, as all high schools, is classified as an institutional use in the cite.
Institutional uses are a conditional use in all residential and commercial districts, excluding
planned unit developments. Institutional uses are not permitted in Industrial or Business
Park zoning districts. Spectrum has questioned whether it could be classified as a vocational,
technical, or trade school, which is a conditional use in the I-1 and BP zones. In staffls
opinion, this would be a creative application of the term as vocational, technical, or trade
schools specifically allowed in industrial zones implies hands on learning at manufacturing
trades, in areas where manufacturing would not be appropriate.
It is staff s understanding that Spectrum is considering several locations currently zoned
Industrial or Business Park. While staff understands the desire to retain Spectrum High
School in the city, adding institutional uses to those zones may have far reaching negative
impacts and should be considered cautiously.
Industrially zoned property has been identified by the EDA and Council as a first
priority objective in the 2009-2012 EDA Strategic Plan. Using these parcels for non-
industrial uses would be inconsistent with this plan.
There is not a wealth of vacant industrially zoned property in the city. There are
approximately seven business parks or industrially zoned parcels in the city with
water and sewer available immediately to the site. This excludes the FAST area
because water/sewer and streets need to be extended to serve the area. There are
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additional industrial lands in the Jarvis area, but outside of the urban services district.
Land served by water and sewer is in much higher demand, based on inquiries from
developers.
There is little opportunity to expand the industrial corridors in the city, at least in the
immediate future. The next available opportunity exists in the mining area, but
mixiing operations and the installation of infrastructure are likely not going to occur
for several years. Areas generally considered appropriate for industrial growth
(located near transportation and utility infrastructure, large lots) are built out, leaving
expensive redevelopment of areas as the alternative to waiting for the mining area.
Perhaps the amount of vacant developed industrial space is higher than desirable due
to the economy. Howevex, the use of these spaces in long term non-industrial uses
hampers growth when the economy rebounds. Additionally, it is expected that more
intense manufacturing uses that we are trying to attract will not want to locate next
door to schools due to the incompatibility between uses and the potential for
conflicts.
Lastly, institutional uses can be located in every residential and commercial zone of
the city.
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