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5.3. SR 10-18-2010/i uty or Elk -,-~ River REQUEST FOR ACTION TO ITEM NUMBER Ci Council 5.3. AGENDA SECTION MEETING DATE PREPARED BY Communi Develo ment October 18, 2010 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED BY Conditional Use Permit for Wrestling/Fitness Facility in Business Park Zoning District, Spectrum School, Case No. CU REVIEWED BY 10-23 -Public Hearing ACTION REQUESTED Open and continue the public hearing to November 15, 2010. BACKGROUND/DISCUSSION At their meeting on October 12, 2010, the Planning Commission tabled the review of the wrestling/fitness facility conditional use permit, agreeing with staff to review the request at the same time they review the Spectrum School request, and after the Council had acted on the proposed ordinance to allow educational institutions in the Business Park Zoning District. The applicant voiced their acceptance of this process. FINANCIAL IMPACT None ATTACHMENTS Staff report to Planning Commission dated October 12, 2010. Action Motion by Second by Vote Follow Up ~~'~ REQUEST FOR ANION .:~ :. River ,~ )i To Item Number Plamiin Commission 5.3 Agenda Section Meeting Date Prepared by Plannin Items October 12, 2010 eremy Barnhart, Plannui Mana er item Description Reviewed by Request by Spectrum High School for Conditional Use Permit to allow the use of Business Park space for wrestling, Reviewed by Public Hearing -Case No. CZ~ 10-23 Action Requested Spectrum High School has requested a Conditional Use Permit to allow the use of the subject parcel for wrestling practice. Staff is recommending approval of an interim use permit for the same, subject to the conditions listed below. It is staffs understanding that the applicant desires an interim use, but no definitive written correspondence confirms this. This will be confirmed at the meeting. 1. Interim Use Permit shall expire Apri130, 2011. 2. As this Interim Use Permit is not a building permit, the applicant shall apply for and receive all required permits. 3. The development shall meet all applicable fire codes. 4. Approval of the Zoning Ordinance amendment (OA 10-11} and the Conditional use permit for Spectrum High school (CU 10-22). Background/Discussion This application is processed under the assumption that the City Council has approved an ordinance amendment allowing educational institutions, and a Conditional Use Permit for Spectrum High School. 'T'his use is an accessory function of the high school. Should these applications not be approved, staff would recommend denial because this use is inconsistent with the zoning ordinance. In 2002, the City Council granted an Interim Use for the given space fox a gymnastics academy, then named Twistmasters (CU 02-12). The Council determined that Twistmasters was most similar to a ~Tocational, Technical, and Trade School, a Conditional Use in the district and permitted the use for a period expiring on December 31, 2005. In 2007, also in the zoning district but in a different building, the City Council granted an Interim Use for a dance studio (CU 07-23), to expire December 31, 2012. That use is believed to be still operating. In 2007, the Council reviewed possible changes to the ordinance that allows Commercial Recreation, provided that the underlying land use is mixed use or commercial. (See memo dated July 16, 2007.) Case File: CU 10-23 Page 2 Spectrum wrestling Because neither of these previous actions would permit the use of the building site fox wrestling by precedent, only if the Council approves Ordinance amendment (OA 10-11) and the Conditional Use permit for Spectrum High school (CU 10-22) can the wrestling use be considered, as an accessory use to an approved Conditional Use. The Planning Commission rill re~~iew the CUP for Spectrum High School at their meeting in I~~ovember. Anal Assuming the Planning Commission and City Council react favorably toward the proposed ordinance amendment and conditional use permit, staff does not anticipate significant negative impacts to the surrounding businesses. Practices are generall~T held after school, M-F, through March, 2011. Students will be transported by the school; not indi~~idually, based on the applicant's narrative. No exterior changes are proposed. The space will not be used for competitions. Attachments Applicants Narrative • Location Map Memo to CitST Council dated July 16, 2007 Re: Commercial Recreation Uses in Business Park Actlotl tilotion by Second by Vote Follow Up N:\Departments\Community Development\Planning\Case Files\CUP\CU 10-2~ Spectrum(wxestling-Fitness Facility)\CU 10-23 Spectrum Wrestling.doc Narrative w Owner: Elk River Business Park, LLC Amcon Construction, LLC Tenant: Spectrum High School Overview: Spectrum High School is starting a wrestling program this winter. The season begins on November 22, 2010. Amcon, LLC is the building owner and would like to offer use of about 5,000 square feet of space located at 17834 Industrial Circle NW, Elk River, MN. The building at this address contains about 50,000 square feet of space subdivided into 5,000 - 20,000 foot sections. There is currently one other tenant in the building. The space designated for Spectrwn High School use is about 5,000 square feet and was previously occupied by a gymnastics academy. The space includes a restroom. Spectrum would move a wrestling mat and other strength equipment into the space. No modifications will be made to the structure and there will not be any signage necessary. Wrestling practices would be held from approximately 3:30 5:30 pm from Monday -- Friday tlu-oughout the wrestling season; which ends in March. We anticipate about ] 0-20 wrestlers and two coaches. Most wrestlers will be transported to the facility by Spectrum High School. The only parking necessary at any given time will be for a school bus and about 5-10 personal vehicles. The wrestling coach is also employed by Spectrum High School as a physical education teacher. He is also interested to occasionally bring his high school fitness class comprised of about 15 students to the building to use the strength equipment during normal school hours (8:30 am - 3:30 pm). All transportation would be provided to the students by Spectrum High School. A coach, teacher, or Spectrum appointed adult associate, would provide continuous supervision during any use of the space. There only users of the space will be Spectrum High school students_ staff or faculty (this includes student-athletes from schools in an approved athletic coop with Spectrum). There will not be any competitions held at the facility; nor admissions or memberships sold for use of space. Thank you for your consideration of this request. Rick Peterson Director of Athletics and Facilities Spectrum High School 10129 181St Ave. NW Elk River, MN 55330 Wd 0£SZ~Z OTOZ/0£/6 '6nnp~deW uoile~o~~(~i~i~ed ssau;id-6up;saaM)wna;~adS £Z-Oi fly\dN\Sa~ld ase~~6uiuueld\luawdo~anap ~(liunwwo~~s~uawlaeda4~:N ~/ ~~k REQUEST FQR ACTIQ{°~ .~ ~ . River . To Item Number City Council Agenda Section Meeting date Prepared by ul T 16 2007 Plannin Items J S Jerem = Barnhart, Plannin Mana er Item Description Reviewed by Discussion regarding Commercial Recreation Uses in the Scott Clark, Community- Development rk -Public Hearing P i B Director a ness us Reviewed by Action Requested Adoption of Ordinance as presented Background/Discussion A brief history related to this request: April 10, 2006, the applicant approached the City Council with a desire to put a Dance Studio in the Business Park zoning district. The Council directed staff to develop options for expansion of the use into other areas of the community. The project was known as the "Briggs Proposal". May 8, 2006, community development staff discussed the issues, including commercial and industrial inventory, economic policy .goals, and recommended the Planning Commission review rev=isions to the ordinance. The applicant did not attend this discussion, and did not contact staff until March, 2007. March 21, 2007, staff received a building permit to finish space in the BP zoning district. Staff informed the applicant, Pat Briggs, that staff was unable to issue the permit for a use that is not a permitted or conditional use. May 8, 2007, Staff initiated an ordinance amendment, rep=iewed by the Planning Commission. The amendment suggested Commercial Recreation as a permitted use in the Business Park zoning district. After discussion, the Commission requested additional information, and the tabling of the item until their workshop. May 29, 200?, Staff received the CUP application for a dance studio. Although the applicant does not state for which use, it is understood that they were applying under a Vocation, technical, or trade school, based on their arguments that they axe teaching a skill, and that this is the is most similar among those listed. After discussing it with the City Attorney, Staff returned the application because the City could not act on it, interpreting a dance studio as not a use consistent with a technical, vocational, or trade school. June 1, 2007, the applicant has stated their intent to appeal. Both the City Attorney and Staff have instructed him on the formal procedure to appeal; to date, no formal appeal has been received. May 22, 2007 PC workshop, the Commission directed staff to expand the definitions, to better reflect the use and placed various "recreation" uses in the C-1 and C-3 zoning districts. June 12, 2007 PC meeting, after holding a second public hearing, the Commission forwarded a recommendation of approval June 18, 2007 CC Meeting, the City Council revie~~ed the draft provisions, and directed staff to develop an ordinance. The Council was clear in its direction that certain areas of the CitS% should be preserved for true industrial uses, including industrial and business park areas. At the request of the CitS- Council a second notice was published in the Star News and a special mailing was sent to those that submitted their address to staff after the last meeting. A mailing was sent to Pat Briggs, Pamela Sitts, and Julie Schoen on June 26`l'. Attachments CC April 10, 2006 minute excerpt CC May 8,.2006 minute excerpt PC May 8, 2007 minutes Letter to Briggs RE building permit March 27, 2007 Letter to Pitts RE CUP application May 31, 2007 Ordinance Overview/ Ar~a.l~sis Of the existing definitions, a dance studio/ gymnastics facility best fits as Commercial Recreation. However, Commercial Recreation could be applied to a wide range of uses, many of which may not be appropriate in all districts. Commercial Recreation (driving ranges, soccer complexes, volleyball leagues, etc) is currently permitted in the C-1, C-3, and unplatted I-1 and I-2 zoning districts. During their meetings in Mai%, and on June 12~', the Planning Commission discussed the appropriateness of these uses, and after breaking down Commercial Recreation into three categories, delegated them to zones they felt most appropriate, based on access needs, intensit5% of use and adjacent uses, and building needs. After much discussion, the Planning Commission is recommending three new definitions, and amending a fourth. The Commission also recommends allowing certain "entertainment" uses in the Commercial zoning districts, but preserve the industrial for industrial uses. There was concern that larger entertainment uses shift the character of the district and development from its intended use. In considering a dance studio as a Vocation, technical, or trade school; staff recognizes that learning does occur at the facility the site, however felt this is inherently different from a reasonable understanding of such schools; a vocational school is generally know%n for hands on training in classrooms and laboratories and work is completed toward a degree or certificate of marketable skills. It is expected that a number of dancers from and the owner of PS Dance will be in attendance. PS Dance desires to relocate their business to a building owned by Pat Briggs in the Business Park zoning district. The underlying land use for his building is Industrial. The ordinance as drafted would not permit PS Dance in this building. This is consistent with the direction Staff received at the City Council meeting on June 18~'. Recommendation Staff and the Planning Commission recommend approval of the ordinance as drafted. Respectfully Submitted ''`~ ~ ~ . Jeremy Barnhart Planning Manager ~-eti®n ~i-Sotion by Second bj- Vote Follow tJp