5.2. SR 10-18-2010~j
Elk REQUEST FOR ACTION
River
TO ITEM NUMBER
Ci Council 5.2.
AGENDA SECTION MEETING DATE PREPARED BY
Communi Develo ment October 18, 2010 exem Barnhart, Plannin Mana er
ITEM DESCRIPTION REVIEWED BY
Ordinance Amendment for Educational Uses in Business Park
Zoning District, City of Elk River, Case No. OA 10-11-Public REVIEWED BY
Hearing
ACTION REQUESTED
Consider an amendment to the zoning ordinance to:
1. Define educational institutions
2. Permit them as a Conditional Use in the Business Park Zoning District.
Staff and the Planning Commission recommend denial of the amendment, as a high school is not
an appropriate use in the Business Park Zoning District and will likely cause conflicts with some
of the more intense uses anticipated there.
BACKGROUND/DISCUSSION
Spectrum Charter School approached the City Council in September 2010 with a desire to locate
their high school in the Business Park Zoning District. Supporting the use, and recognizing that
an ordinance amendment was necessary (as schools axe classified as an institutional use), the City
Council directed staff to draft an ordinance that would allow Spectrum to locate the school in the
subject area. Some comments were received that suggested that a school would be more
appropriate than churches or other institutional uses.
Based on current state law, charter high schools are not permitted to own property. Therefore,
they must find an entity willing to provide a building sufficient fox their needs, a site with space
for outdoor fields, a location within a specific geographical area (the school district), and at a cost
agreeable to the school. In Spectrum's case, they must also find this building and be able to move
in by June 2011, when their current lease expires. Members of the Council felt these criteria
limited options allowing them to support the amendment to the zoning ordinance.
Planning Commission Comment
The Planning Commission held their public hearing on October 12. The Planning Commission
was unanimous in its support for Spectrum High School, but felt that a school in the Business
Park Zoning District was not appropriate. The Planning Commission felt that long term a school
in an industrial area was not desirable. The Planning Commission recommended denial in a 6-0
vote. Commissioner Ives was absent.
Public Comment
John Cairns, attorney fox Spectrum High School, spoke in support of the request. No other
written public comments have been received in support or opposition to the request.
FINANCIAL IMPACT
None
ATTACHMENTS
^ Staff report to Planning Commission, dated October 12, 2010.
Action Motion by Second by Vote
Follow Up
~.~Y~ ~O U-` v
~~~ °E~ REQUEST FOR ACTION
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River
To Item Number
Plannin Commission 5.2
Agenda Section Meeting Date Prepared by
Planning Items October 12, 2010 Jeremy Barnhart, Planning Mana er
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 1Vo. 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 bythe 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 Educational uses in Business Park
Pale 2
Qction Motion by Second by Vote
Follow Up
N:ADepartmenrs\Community Deg-elopment\Planning\Case Files\OA\OA 10-11 Educational Uses BP\OA 1{~11_PCdocx
Item # b.2.
MENIC~RANQE~M
Kiver
TQ: Mayor and City Council
FROM: Jeremy Barnhart, Planning Manager
DATE: September 13, 20 6 0
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 akeady 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 city.
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 staff's
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 Spectnun is considering several locations currendy zoned
Industrial or Business Park. While staff understands the desire tosetain 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 e~.'pand the industrial corridors in the city, at least in the
immediate future. The next available opportunity exists in the mining area, but
mining operations and the installation of infrastructure are likely not going to occur
for several years. Areas generally considered appropriate for industrial groa>th
(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. However, 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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ORDINANCE 10-_
CITY OF ELKRIVER
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 Ciry Code shall be amended to add
the following:
Educationallnstitution 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 add the following:
(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 Ciry of Elk River this 18~ day of
October, 2010.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, Ciry Clerk
N:\Public Bodies\Ciry Council\Ordinances\2010\Educational in BP.docx