4.2 PCSR 11-23-2010REQUEST FOR ACTION
To Item Number
Ci Council 4.2.
Agenda Section Meeting Date Prepared by
Communi Develo ment November 23, 2010 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Spectrum High School for Interim Use Permit to
allow the use of Business Park space for wrestling, Reviewed by
Public Hearin -Case No. CU 10-23
Action Requested
Staff recommends approval of Interim Use Permit allowing a suite at 17834 Industrial Circle for wrestling
and high school fitness classes, subject to the following conditions and statements for the record:
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.
Summary
This item was originally reviewed during the Planning Commission meeting on November 9, 2010. The
Planning Commission tabled action on this item, pending resolution of the Spectrum application (CU 10-
22).
Attachments
• Staff Report to Planning Commission dated November 9, 2010.
Action Motion by Second by Vote
Follow Up
N:\Departments\Community Development\Planning\Case Files\CUP\CU 10.23 Spectrum(Wrestling-Fitness Facility)\CU 10-23 Spectrum SR to
PC 11-23-10.docx
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.3.
Agenda Section Meeting Date Prepared by
Planning Items November 9, 2010 Jerem Barnhart, Pla ~ Mana er
Item Description Reviewed by
Request by Spectrum F-3igh 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 approval) 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.
Gale 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. 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.
• 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:\Departments\CommimityDevelopment\Plaziuing\Case Files\CUP\CU 10-23 Spearum(Wrestling-Fitness Facilit}~\CU 10-23 Spectrum
Wrestling SRto PC 11-9-10.docx
Case File: CU 10-23
Page 3
Spectnun 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 likely that neighboring uses employ processes 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 the
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:\Departrc~ents\CommuniryDevelopment\Platuung\Case Files\CUP\CU 10-23 Spectrum(Wrestling-Fitness Facility\CU 10-23 Speaxum
Wrestling SRto PC 11-9-10.docx
Wd OE SZZ OTOZ/0£/6'6nnp~deW uoi;e~o~~(~pi~ed ssau;ij-6ui~;sa~~wna;~ad5 £Z-OT fly\dN\sapj ase~~6uiuue~d~;uawdo~ana4 ~(;iunwwo~~s;uaw~eda4~:N
' .. _t~
_ "' ~~ri
Z
"
S
~ ,~
ati
~
N
H °'' ,~,~"`~ ~~ ~
~ ~. ~'
JU~.~~ r a `~~;
~ k
s
~
~
. ~ ma'r`
'~
~
•;
jilt v~
a ~ l
Lr.' a
a ~- p:-` +W
v
" ~.e ~
?~. -x~-„
~ ~
...
!Y
3
~' ~ ~ ~~
'ti f~"Y
``'
6. ~
5
~
~ ~ ~ l
" r
~ ~ , ~$ A ~
P
,~~
_.
-
.~ ~. ~ Fir ~,,; _. ~ Y~
w~ "
,~~
:~ O
~
, z __ .,.x~
~
- ~~~
`
`r ~ ~ ~ ~ ~ v~
o ,~ ~` 1 1 „~~0 ~ ~ ~ 2
.
~CQ
.Y
.' _.
~~,
~~
2
~ ~
.:
.. fl.. o
~
~
__ :..,
-~
o
o ~~- ~ ~~ o ~
o ~
~
~'~" .
F
~e '~`~N ~=. ~ ~ - a2~ S~~Ib'~ NIM1
~
it a `'~ ~~ ° . F ~+ws, '- ~
~ 21.M -- y
. ~:
„ /
~' ,,; §
~.
~ ~
O
_
•
~j, ,
a ~. ~ ~ -
-. s
~;, ''~
w
~ .
_
~.
:
. ,~
7°
J
~
,
a
n .
.,~.
~_A
,
~'
~'
s~
. ~s~ ~
~,
f . ~,,,...-.~..--
~ 4' Sn M
N
.~
;..
+`
..
r.
~ 3 ,
_.
wv
, . s
•°
"
O
,
F: x. ..,WCW. ~ ~..-
q V
~
_ _
,
Y".
"$" O
~
~
~
7
I
'E
~ `
. '
'"_~ ~ b.
O
'` SOP O``
+
~
~\~~ ~~
r ~ -, ~ ;
- ~i
+2 "` y~
j
~
P I
t rp, ~
' .
L
~ x
'
~
~
u
r
-
+ e ~
~
+
+
~
' }
~ ~
,
...,
~ `.~,'~ .».
~. ~ ~
t; '1
~ Al I~~
vv i^
,
~+
.
-_
$
a
^. -.
~
. .. GD :y
x
_ ,•
~.
~
,,
:; ~
P W
Narrative
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 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 Monday -
. 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 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
~~
"~-,..,.
River
~'o Item Number
City Council
Agenda Section Fleeting E}ate Prepared by
Plannin Items July 16, 2007 Jeremy Barnhart, Plannin Manager
Item description Reviewed by
Discussion regarding Commercial Recreation Uses in the Scott Clark, Community- Development
Business Park -Public Hearing Director
Reviewed by
Action Requested
Adoption of Ordinance as presented
Background/[discussion
_~ 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, 200G, community development staff discussed the issues, including commercial and
industrial ins=entoiv, 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 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, reviewed by the Planning
Commission. T'he 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 CUI' 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 are teaching a skill, and that this is the
is most similar among those listed. After discussing it a=ith 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 die formal procedure to appeal; to date, no formal appeal has been
received.
May 22, 2007 PC a=orkshop, the Commission directed staff to expand the defuutions, to
better reflect the use and placed ~>arious "recreation" uses in the C-1 and C-3 zoning districts.
Jurie 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 review=ed the draft provisions, and directed staff
to deg=elop an ordinance. Tlie Council was clear in its direction that certain areas of the City should
be preser~%ed for true industrial uses, including industrial and business park areas.
At t?Ze 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 a.>as
sent to Pat Briggs, Pamela Sitts, and Julie Schoen on June 26`i'.
~L-tachrnents
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 Maj= 31, 2007
Ordinance
Q~erview/ Ar~ysis
Of the existing defuutions, a dance studio/ g3%mnastics facilit<% 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 MaIT, and on June 12~', the Planning Commission discussed the
appropriateness of these uses, and after breaking doa=n Commercial Recreation into three categories,
delegated them to zones then 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 alsa 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 tots.>ard a degree or certificate of marketable
skills.
It is expected that a number of dancers from and the ov=ner of PS Dance u%ill be in attendance. PS
Dance desires to relocate their business to a building oa%ned by> Pat Briggs in the Business Park
zoning distrdct. The underlying Land use for his building is Industrial. The ordinance as drafted
~~ould not permit PS Dance in this bolding. This is consistent with the direction Staff recei~-ed at
the Cin- Council meeting on Tune Z S`''.
~ecommencEation
Staff and the Plannng Commission recommend appro~Tal of the ordinance as drafted.
•
Respectfull~T Submitted
--^~'
L; ~ ,~~
,-
JeremS- Barnhart
Planning Manager
~lC~iOi't ~~iotion b5- Second by Vote
FouQ~ up