5.1. SR 11-15-2010REQUEST FOR ACTION
To Item Number
Ci Council 5.1.
Agenda Section Meeting Date Prepared by
Communi Develo ment November 15, 2010 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Dennis Cornelius on behalf of Amcon and Spectrum
High School, for Conditional Use Permit for an Educational Reviewed by
Institution in the Business Park Zoning District, Public Hearing
- Case NO. CU 10-22 and CU 10-23
Action Requested
Open the Public Hearing, and continue to December 6, 2010 for both the Educational Institutional CUP
(CU 10-22) and the Wrestling CUP (CU 10-23).
Summary
The Planning Commission held the public hearing at its meeting on November 9`".
As part of the required public hearing process, a public hearing notice was sent to all property owners
within 350 feet. After receiving the notice, a representative of Gradient Technology (Dwayne Gitch)
attended the meeting and spoke in opposition to the school in its proposed location.
Mr. Gitch felt that the school would have a negative influence on his business, in particular possibly
affecting his BATF (Bureau of Alcohol, Tobacco, and Firearms) permit. Because it was not immediately
clear specifically what these impacts would be, the Planning Commission tabled action, directing staff to
meet with Gradient Technology to better understand the impacts, and provide an informed
recommendation.
Based on a short conversation with Mr. Gitch after the meeting, his contracts with Federal agencies
require periodic, renewable permits. He felt that these permits may not be renewed if a school is in close
proximity. Mr. Gitch has agreed to provide more detailed concerns in writing prior to the next Planning
Commission meeting.
Planning Commission Discussion
In response, the Planning Commission tabled the item to their November 23, 2010 meeting to allow staff
to research this issue further, and so that they could understand those impacts.
Attachments
• Staff Report to Planning Commission dated November 9, 2010
Action Motion by Second by Vote
Follow Up
C:\Users\jjohnson\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\SFWAYSNS\CU 10-22 Spectrum SR to CC
1]-15.docx
REQUEST FOR ACTION
TO ITEM NUMBER
Pla ~ Commission 5.2.
AGENDA SECTION MEETING DATE PREPARED BY
Plannin Items November 9, 2010 Jeremy Barnhart, Planning Mana er
ITEM DESCRIPTION REVIEWED By
Request by Dennis Cornelius on behalf of Amcon and Spectrum
High School, for Conditional Use Permit for an Educational REVIEWED BY
Institution in the Business Park Zoning District, Public Hearing
- Case NO. CU 10-22
ACTION REQUESTED
Staff recommends approval of Conditional Use Permit allowing a charter school to operate at 17796
Industrial Circle, as illustrated on plans dated October 29, 2010 and as described in applicant's narrative
dated September 24, 2010, subject to the following conditions and statements for the record:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for
all require permits.
2. The building shall meet all building and fire codes.
3. Capacity of the school shall not exceed 525 students.
4. Inclusion of grades younger than 6~' grade will require amendment to the CUP,
5. No parking on the adjacent public streets.
6. Written verification that the sports field is an acceptable use under the UPA
easement.
7. All signage will be consistent with the Business Park Zoning District regulations.
8. Due to the industrial nature of the neighborhood, the school recognizes that noise,
odors, truck traffic, and other undesirable effects may be present.
BACKGROUND/DISCUSSION
Spectrum High School wishes to locate their charter school at 17796 Industrial Circle, relocating from an
existing site on County Road 12 in the east side of Elk River. According to Spectrum High School, State
regulations prohibit a charter school from owning property; therefore they must find leasable space sized
to accommodate their needs. Because in part there are limited opportunities in the residential and
commercial zoned areas of the community, the City Council approved an ordinance amendment (OA 10-
11) allowing educational institutions in the Business Park Zoning district. This is the first application
based on that ordinance change.
PROPOSAL
The applicant proposes changes to the building, including adding a 13,000 square foot gymnasium, and
adding a second floor to the building. After construction, the total square area of the building will be
52,000 square feet.
N:\Depazt~nts\CommuniryDevelopmetn\Platuiing\Case Files\CUP\CU 1422 Spectnun\CU 1422 Spectrum SRto PC 11-9-10.docx
The build out will include 26 classrooms, a cafeteria, administrative offices, gymnasium/ locker rooms,
and a kitchen.
Capacity of the school has been set at 525 students and will eventually include grades 6-12. Initially, 310
students are expected for the 2011-2012 school year.
Parking.
Parking requirements for schools are based on the type of schools. For junior high schools, the parking
requirement is 2 spaces per classroom. For senior high schools, parking is one space per 3 students, plus
1 per classroom Based on the expected capacity, and the breakdown of classes, the parking requirement
is 137 spaces, as summarized in the chart below.
Spectrum High School Parking requirements
nior 6 ' 75.0' 4 8
nior 7 75.0 3 6
nior 8 75.0 4 8
hschool 9
_ _ 75.0 25 3`
_ - 3
__
gh school '. 10
_..~. 75.0 25 4 4
gh school
....... ... 11
....._.._.. 75.0- 25 4
_.... 4
v...~, _.
gh school 12 75 25 4' 4
525.0! 1001 26 37
Total spaces required 137
_.
Total spaces provided 138
525 26 classrooms
Because this parking breakdown is based on an equal distribution of classes, and the Spectrum
implemented capacity of 525, staff suggests two parking related conditions: Limiting capacity to 525
students, and no parking shall be permitted on adjacent public streets.
Design criteria. The only exterior changes include the 13,000 square foot gymnasium addition. This
addition will be built with precast concrete tilt up panels. While this is different that the main building,
the colors will be consistent, and pre cast tilt up panels are a permitted material in the Business Park
zoning district.
Site improvements. In addition to the building addition, the school proposes a soccer field on the
south side of the building, south of the parking lot. The field is not proposed to be lit. A portion of the
field falls below a IJPA easement. Typically, yards and open space are pernitted under easements; we are
waiting for verification from the easement holder. Staff suggests a condition to address this: Written
verification that a sports field is permitted in the easement.
Other site improvements include expansion of the parking lot to accommodate the necessary 138 parking
stalls.
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APPLICABLE REGULATIONS
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the
immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of
the neighborhood or the city.
The application of these criteria to the School is unique, in the sense that the school is not expected
to generate noise, smoke, odors, etc. negatively impacting neighbors. The school will likely increase
traffic volume in the area, but not excessively so. However, the noise, smoke, and odors generated
by neighboring industrial uses, while appropriate in the district, maybe disruptive to the school. It is
important that the School and the City Council recognize these impacts.
2. Will be consistent with the comprehensive plan.
The City Council has determined that the school is consistent with the Comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant
property.
It is possible that businesses may chose not to relocate to the park with the addition of the school.
It is equally possible that businesses will chose to locate near the school. However, it is likely that
businesses choosing to locate near the school will not be industrial based, which could be viewed as
an impediment to the orderly development of the area.
4. Will be served adequately by and will not adversely affect essential public facilities and services
including streets, police and fire protection, drainage, refuse disposal, water and sewer systems,
parks and schools; and will not, in particular, create traffic congestion or interference with traffic
on adjacent and neighboring public thoroughfares.
The existing public facilities should accommodate the school.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes,
glare, odors, dust or vibrations.
Like in # 1 above, the school is not expected to introduce certain characteristics that negatively
impact the business park. However, it is likelythat neighboring uses employprocesses and activities
that generate externalities that do not meet the higher threshold a school would impose. It is
important that the School and the City Council recognize these impacts.
N:\Departments\CommunityDevelopment\PI \Case Files\CUP\CU 10-22 Spectnim\CU 10-22 Specerum SRto PC 11-9-10.docx
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
Approval is not expected to result in the loss of natural or scenic features.
7. Will fully comply with all other requirements of this Code, including any applicable
requirements and standards for the issuance of a license or permit to establish and operate the
proposed use in the city.
The application suggests no deviations from the ordinance.
FINANCIAL IMPACT
None
General Information
Applicant Dennis Cornelius
Requested Action Conditional Use Permit
60 Day Rule The City must take action by November 24, 2010
Location 17796 Industrial Circle
ATTACHMENTS
^ Location Map
^ Applicant's narrative, dated September 24, 2010
^ Staff comment letter dated October 15, 2010
^ Applicants response dated October 25, 2010
^ Memo from City Engineer dated November 2, 2010
^ Plans dated October 29, 2010
Action Motion by Second by Vote
Follow Up
N:\Depaxtments\Comm„n;tyDevelopmern\Planning\Case Files\CUI'\CU 10-22 Spectnun\CU 10-22 Spectnun SRto PC 11-9-10.docx
REQUEST FOR ACTION
To Item Number
Pla Commission 5.3.
Agenda Section Meeting Date Prepared by
Planning Items November 9, 2010 Jeremy Barnhart, Planning Manager
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 1Vo. CU 10-23
Action Requested
Spectrum High School has requested an Interim Use Permit to allow the use of the subject parcel for
wrestling practice. Staff is recommending approval, subject to the conditions listed below.
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 Conditional Use Permit for Spectrum High school (CU 10-22).
5. Due to the industrial nature of the neighborhood, the school recognizes that
noise, odors, truck traffic, and other undesirable effects may be present.
Background/Discussion
With the adoption of the Ordinance permitting educational institutional uses in the Business Park Zoning
District (OA 10-11), Spectrum has submitted an application for Conditional Use Permit to locate their
school at 17796 Industrial Circle (CU 10-22).
Spectrum has a wrestling program. Because the main building (assuming approva~ will not be habitable
until summer 2011, Spectrum has located an alternative site, next door to the proposed high school, at
17834 Industrial Circle.
In 2002, the City Council granted an Interim Use Permit for the given space for a gymnastics academy,
then named Twistmasters (CU 02-12). The Council determined that Twistmasters was most similar to a
vocational, technical, and trade school, a conditional use in the district, and therefore, approved 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
Permit for a dance studio (CU 07-23), to expire December 31, 2012. That use is believed to be still
.. operating.
Case File: CU 10-23
Page 2
Spectrum Wrestling
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.)
Neither of these previous actions would permit the use of the building site for wrestling by precedent.
However, with the adoption of the amendment allowing educational institutions, the Planning
Commission and City Council could determine that wrestling (as accessory to Spectrum School) is part of
an approved educational institution.
Analysis
Staff does not anticipate significant negative impacts to the surrounding businesses.
Practices are generally held after school, M F, through March, 2011. Students will be transported by the
school; not individually, based on the applicant's narrative. No exterior changes are proposed. The space
will not be used for competitions.
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. lY~ill not endanger, injure or detrimentally affect the use and enjoyment of other property in tl~e
immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of
the neighborhood or the city.
Staff sees the temporary use of the space for wrestling as not likely to negatively impact adjacent
uses. However, the noise, smoke, and odors generated by neighboring industrial uses, while
appropriate in the district, maybe disruptive to wrestling. It is important that the school and the
City Council recognize these impacts.
2. Will be consistent with the Comprehensive Plan.
The City Council has determined that the school is consistent with the Comprehensive Plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant
property.
The interim nature of the wrestling use is not likelyto impact locating businesses' decision-making.
4. Will be served adequately by and will not adversely affect essential public facilities and services
including streets, police and fire protection, drainage, refuse disposal, water and sewer systems,
parks and schools; and will not, in particular, create traffic congestion or interference with traffic
on adjacent and neighboring public thoroughfares.
The existing public facilities should accommodate the use of the space for wrestling.
N:\Depaztments\Com,T,,,n;tyDevelopment\Plamzing\Case Files\CUI'\CU 10.23 Spectrum(Wrestling-Fitness Facilit~\CU 10-23 Spectnun
Wrestling SRto PC 11-9-10.docx
Case File: CU 10-23
Page 3
Spectrum Wrestling
S. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes,
glare, odors, dust or vibrations.
Like in # 1 above, the school is not expected to introduce certain characteristics that negatively
impact the business park. However, it is likelythat neighboring uses employprocesses and activities
that generate externalities that do not meet the higher threshold a school would impose. It is
important that the school and the City Council recognize these impacts.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
Approval is not expected to result in the loss of natural or scenic features.
7. Will fully comply with all other requirements of this Code, including any applicable
requirements and standards for the issuance of a license or permit to establish and operate tl~e
proposed use in the city.
The application suggests no deviations from the ordinance.
Attachments
Applicants Narrative
Location Map
• Memo to City Council dated July 16, 2007 Re: Commercial Recreation Uses in Business Park
Action Motion by Second by Vote
Follow Up
N:\Departrr~nts\CommuniryDevelopment\Planning\Case Files\CUP\CU 10-23 Spectrum(Wrestling-Fitness Facilit}~\CU 10-23 Spectrum
Wrestling SR to PC 11-9-1Q.docx
Narrative
Owner: Elk River Business Park, LLC
Amcon Construction, LLC
Tenant: Spectrum High School
Overview:
Spectrum High School is starting a wrestling program t11is winter. Tl~e 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 Spectrum 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 Mondav -
Friday throughout the wrestling season: which ends in March. We anticipate about 10-20
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 Spectrwn High School as a physical education
teacher. He is also interested to occasionally brie<~ his high school fitness class
comprised of about 1 S 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 Hi<lh 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 SS330
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To (tern hlurr~ber
City Council
~gencfa Section I"leeting Elate Prepared by
Plannui Items Iu1~~ 16, 2007 1erem5~ Barnhart, P1ann;n 1~'Iana~er
Item E3escription E~evie~red by
Discussion regarding Commercial Recreation L:~ses in the Scott Clark, Community- Development
Business Park- Public Hearing Director
Reviewred by
fiction Requested
Adoption of Ordinance as presented
background/E~iscussion
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
revisions 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 info~ned the applicant, Pat Briggs, that staff alas unable to issue the permit for a use that is not
a permitted or conditional use.
May 8, 2007, Staff initiated an ordinance amendment, reviewed 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, 2007, Staff received the CL`I' application for a dance studio. Although the
applicant does not state for which use, it is understood that they were appl5-ing under a Vocation,
technical, or trade school, based on their arguments that they are 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 uTorkshop, 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
fora-arded a recon-~mendation of approeal
June 18, 2007 CC Meering, the City Council reviewed the draft provisions, and directed staff
to develop an ordinance. Tlie Council was clear izz its direction that certain areas of the City should
be preser~%ed for true industrial uses, including industrial and business park areas.
:fit the request of the City Council a second notice u-as published in the Star Neu7s and a special
mailing was sent to those that submitted their address to staff after die last meeting. ~ mailing was
sent to Pat Briggs, Pamela Sitts, and Julie Schoen on June 26`i'.
~~acf~rrtents
CC _~pril 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
Q~vervie~( ~r~[~rs.is
Of the existing definitions, a dance studio/ gymnastics facilit`~ best fits as Commercial Recreation.
However, Commercial Recreation could be applied to a wide range of uses, manjT of which maS- not
be appropriate in all districts. Commercial Recreation (driving ranges, soccer complexes, vollej-ball
leagues, etc) is currentl~T permitted in the C-1, C-3, and unplatted I-1 and I-2 zoning districts.
During their meetings in Ma~T, and on June 12`}', the Plaiuling Commission discussed the
appropriateness of these uses, and after breaking douTn Commercial Recreation into three categories,
delegated them to zones they felt most appropriate, based on access needs, intensity 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 cez-tain "entertainment" uses in the
Commercial zoning districts, but preserG7e the indust~.a1 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 knourn for hands on tiaining 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 ou?ner 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 Iand use for his building is Industrial. The ordinance as drafted
would not pet~nit PS Dance in this bolding. This is consistent ~~ith the direction Staff recei~-ed at
the Cin- Council meeting on June 18`''.
F~ecorrtrner~cfation
Staff and the Planning Commission recommend appro~-al of the ordinance as drafted.
RespectfulljT Submitted
.--; o
v
jerem~-Barnhart
Plannitg RZanager
~lC~lO[1 ~.iotion b5- Second by Vote
~flEeOW C![~