4.1 PCSR 11-23-2010REQUEST FOR ACTION
TO ~ ITEM NUMBER
Plannin Commission 4.1.
AGENDA SECTION MEETING DATE PREPARED BY
Plannin Items November 23, 2010 erem Barnhart, Plannin Mana er
ITEM DESCRIPTION REVIEWED B)/
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
Based on the information provided to date, 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 noise, and other undesirable effects may be present.
At their meeting on November 9``', the Planning Commission discussed adding the following condition:
9. Provide abiking/walking plan as an alternative means of getting to and from
school safely.
BACKGROUND/DISCUSSION
This issue was presented to the Planning Commission at their meeting on November 9r''. During the
public hearing, a neighboring business operator (Dwayne Goetsch, Gradient Technology) voiced
concerns, noting that the school may impact his BATF permit which may result in the alteration of his
business practices. He noted concerns with drainage associated with the proposed development, added
traffic and parking.
Receiving the concerns regarding the impact to his permits, the Planning Commission tabled action on
the item pending further information.
Spectrum High School
CU 10-22
Page 2
After the meeting, staff spoke briefly with Mr. Goetsch. The following is staff's understanding of the
concerns based on this conversation:
Gradient Technology does research and development which includes some volatile
chemicals, requiring special permits from the Bureau of Alcohol, Tobacco, and Firearms.
(Research and Development is a permitted use in the Business Park Zoning District.) Staff
understands that these permits may need to be reviewed periodically every couple of years, at
which time the BATF completes an inspection. The property owner believes that the
inspector will look unfavorably at his business practices due to the proximity of the school,
presumably because of previous conversations regarding the dance studio next door to
Gradient. (CU 07-23)
It is important to note that the City does not receive any information regarding these BATF
permits and the City has no authority to regulate or enforce them. During a recent expansion of
the Gradient building, it was verified that amount of chemicals was within the allowable capacities
of the building code, not requiring additional safety measures. The building code is a state
regulation, while the BATF is a federal agency.
Staff requested Gradient submit further information regarding the permit, the permitting process,
or other specific concerns in writing, for further review and distribution. To date, staff has not
received any correspondence; however, staff does expect some information prior to the Council
review on December 6, 2010.
While no further information has been obtained since the tabling action, staff recommends the
Planning Commission make a recommendation fox Council review. The Planning Commission
may:
Recommend denial, based on the concern that the school would "endanger, injure,
or detrimentally affect the use and enjoyment of other property in the immediate
vicinity."
2. Recommend approval, recognizing the concern of Gradient Technology, but noting
that no verifiable information has been received to prove loss of use and enjoyment.
3. recommend approval unless Gradient Technology, or another adjacent property
owner can prove, prior to the City Council action, that the school in its proposed
location would result in the loss of use and enjoyment as stipulated in the standards
for Conditional Use Permit.
The original staff report may be found in the attached Staff memo to Planning Commission, dated
November 9, 2010.
ATTACHMENTS
^ Staff report to Planning Commission, dated November 9, 2010
N:\Departments\Community Development\Planning\Case Files\CUP\CU 10-22 Spectrum\CU 10-22 Spectmm SR to PC 11-23-10.docx
Spectrum High School
CU 10-22
Page 3
Action Motion by Second by Vote
Follow Up
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1
City' of
Eli:
R.ve
REQUEST FOR ACTION
TO ITEM NUMBER
Plannin Commission 5.2.
AGENDA SECTION MEETING DATE PREPARED BY
Pla ~ Items November 9, 2010 Jerem Barnhart, Pla ~ 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:\Departments\ConununityDevelopment\Planning\Case Files\CUP\CU 10-22 Spectrum\CU 10-22 SpectrumSRto 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
•- ..
Junior 6 75.0' 4' 8
_
Junior 7 75.0
_ _ 3
. 6
_.,.....,.
Junior 8 75.0 4 8
High school 9 75.0 25 3 3
High school 10 75.0 25 4 4
High school 11 75.0 25 4 4
High school 12 75 25 4 4
525.0' 100 26 37
Total spaces required 137
Totalspaces provided 138
525' 26 classrooms
2 per classroom
2 per classroom
2 per classroom
1/3 students + 1 per class room
....._......_........
1/3 students + 1 per class room
1/3 students + 1 per class room
1/3 students + 1 per class room
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 UPA easement. Typically, yards and open space are permitted 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.
N:\Departmnts\CommunityDevelopment\Planning\Case Files\CUP\CU 10-22 Spectnun\CU 10-22 Spectrum SRto PC 11-9-10.docx
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 deternlined 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 tra~c
on adjacent and neighboring public thoroughfares.
The existing public facilities should accommodate the school.
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.
•
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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 byNovember 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 CityEngineer dated November 2, 2010
^ Plans dated October 29, 2010
Action Motion by Second by Vote
Follow Up
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Number of Employees
M There are a total of 31 employees including faculty and staff.
Student Population
There will be 310 students for the 2011 - 2012 school year. The facility is being designed
for a maximum of 525 students. That number includes the future addition of grades 6-8 (7
grade levels with 75 students at each level).
Site
As noted above, the site is approximately 6.4 acres with a pond and wetland along the
north property line. A double loaded aisle of parking surrounds the building on three
sides and along the north side there is additional angled parking (staff only) and a one
way drive with a drop off area. To accommodate bus circulation, the drive along the
northwest corner of the building is being widened. This will require a small amount of
grading into the drainage easement, but should not impact the wetland. A new 12' x 15'
trash enclosure will be provided near the southwest corner of the building. Additional
recycling area will be provided inside the building. A plaza will be created along the
north side of the addition allowing for outdoor classroom activities. A new soccer field
will be built along the south side of the property.
Parking Summary
Required parking
Grades 10-12 (225 students) 1 stall per 3 students 75 stalls
• Grades 10-12 (10 classrooms) 1 stall per classroom 10 stalls
Grades 6-9 (12 classrooms) 2 per classroom 24 stalls
Total parking required 109 stalls
Total parking provided
137 stalls
Signage
It is anticipated that there will be a sign on the building and a new monument sign. These
elements are currently being designed and have not been submitted with this application.
We would request that approval be given for a monument sign and a building sign based
on meeting all pertinent zoning regulations and approval by staff at a later date.
Building Materials
The exterior materials of the existing building are a combination of EIFS (at the
entrances), decorative concrete block (main portion of walls) and decorative concrete
brick (accent bands). The new gymnasium exterior walls will be exposed aggregate
precast panels that will coordinate with the existing color scheme. Bands cast into the
precast panels will be painted to match the bands on the existing walls. The prefinished
metal coping at the top of the precast walls will match the existing coping. The parapet of
the new walls will step up approximately two feet above the height of the existing walls.
Because of the geometry of the building and the fact that the site is on an outside corner
of the business park, the view of the addition will be mostly blocked from the street.
• Project Narative
Project Owner
Elk River Business Park, LLC
Tenant
Spectrum High School
Architects
Amcon Construction Company, LLC
Rivera Architects
Project Overview
This project is an addition and remodel of an existing building to provide a facility for
Spectrum High School. The existing building is 20,000 square feet on a single level and
the proposed addition will be a 13,000 square foot gymnasium. Along with the addition, a
second floor will be added to the existing building to provide an additional 18,000 -
19,000 square feet of floor area. There will also be a soccer field along the south side of
the site. The site is approximately 6.4 acres.
Spectrum High School Background
Spectrum High School is a public charter high school which received its original charter
in 2006. The school currently serves grades nine through twelve and is located in
. temporary modular buildings at 10129 181st Avenue NW, Elk River, MN. Spectrum's
current lease will expire in June of next year and they hope to be in their new facility by
next July in time to prepare for the 2011-2012 school year.
Mission Statement
The Mission of Spectrum High School is to foster academic and personal excellence
through a program emphasizing high academic standards and a small school setting.
Vision and Values
Students will be encouraged to attain their maximum potential through a 3-
dimensionalstrategy emphasizing:
- College preparatory curriculum
- A technology-rich environment
- Community-based outreach
Hours of Operation
School Hours are 8:20 am - 3:30 pm (faculty report at 7:45 am) Monday -Friday during
the school year. The school year lasts from the end of August through May.
There are extracurricular activities at the school from 3:30 -5:30 pm.
•
October 15, 2010
Mr. Dennis Cornelius
Amcon Construction
1715 Yankee Doodle Rd.
Eagan, MN 55121
C~~Pl7
Re: Conditional Use Permit, Staff Comments
Dear Mr. Cornelius,
At the Site Plan Re~riew Committee meeting on October 6~ staff reviewed your application and has
the following comments. Please note these comments are made in anticipation of the Council
approving an ordinance amendment allowing the school in the Business Park zoning district.
Timetable
1) The Planning Commission will review the Conditional Use Permit at their meeting on November
9th. The Council will re~riew it on November 15 unless the Planning Commission tables the item.
Engineering
2) Plan Sheet C-1.0
a. The proposed drive lane on the northwest side of the building encroaches into the utility
easement. From a field review it appears this drive lane modification will encroach into the
wetland. The edge of this wetland should be delineated and shown on the drawings.
Plan Sheet C-2.0
b. General note #5 identifies a bituminous spillway detail. No detail shown.
c. Provide detail and design for retaining wall block intended for use.
General Comments
d. Add a note that states all work and materials for utility and site improvements shall be in
accordance with the City of Elk River Design Standards.
Parking
3) The City ordinance requires parking spaces in certain ratios. Given unique breakdown of classes,
based on the design capacity, the parking requirements follow:
r~
~J
Junior
__ 6 75.0
_ 4 8 2 per classroom
.. __
Junior 7 75.0
_.. 3 6 2perclassroom
_.
Junior 8 75.0 4 8 2 per classroom
High school 9 75.0 25 3 3 1/3 students+ 1 per class room
High school. 10 75.0 25 4 4 1/3students+iperclass room
High school _ 11 75.0 25 4 4 1/3 students+l per class room
High school 12 75 25 4 4 1/3 students+l per class room
525.0 100- 26 37
Total spaces required 137
.. Total spaces provided
_ 138
525' 26 classrooms
I note that the design capacity as calculated by the building code, based on the square footage of the
classrooms is much higher than 525 students. Because of this, I will suggest a condition that no
more than 525 students may be enrolled, in lieu of providing additional parking.
Lands taping/Vegetation
4) Landscaping. Please confirm the difference in seed/ sod mixtures as indicated on sheet C4 and
L1.
It is suggested that landscaping be added to the west and east end of the soccer field to help keep
balls out of the drainage ditch and adjacent properties.
Grading
• 5) Grading must be accomplished on site unless written permission is granted from property owner.
It appears that some grading due west of the building extends beyond the property line, as shown on
sheet C2.
Miscellaneous
6) I note that some improvements (parking lot, ball fields), encroach on an UPA easement. Please
verify that these planned improvements are permissible within the easement, either by providing a
copy of the easement, or a letter from UPA.
I would appreciate a written, point by point response letter to these comments as part of your next
submittal. That way, focus can be directed to comments that were not addressed and to those that
required additional discussion, reducing time necessary for staff review.
The point by point letter and revised drawings should be provided by November 1, 2010. The
revised submittal should include two full size sets as well as four 11x17 reduced sets for the Planning
Commission review. Please also provide a (.pdf) copy of all revised graphics are required to be
submitted.
Please do not hesitate to contact me should you have any questions, I can be reached at (763) 635-
1034.
Sincerely,
• Jeremy Barnhart, AICP
Planning Manager
~;
•
`` ~. '~l .'
~~
Memorandum
Date: 10.25.2010
Project: Spectrum High School
Ball Road
Elk River, Minnesota
From: Mark Huus A.I.A.
To: Jeremy Barnhart
Planning Manager -City of Elk River
•
Re: Conditional Use Permit, Staff Comments
Jeremy,
Thank you for your detailed review of our plans for Spectrum High School. The
following is a list of responses to the site plan review comments from the letter dated October
15, 2010.
Engineering
2) Plan Sheet C-1.0
a. The proposed drive lane on the northwest side of the building encroaches into the
utility easement. From a field review it appears this drive lane modification will
encroach into the wetland. The edge of this wetland should be delineated and shown
on the drawings.
1~~3,5~ar3a~.s~?: :1~a~3 ~lr°r'~ye lane cis l~~~rz ~;`~e~vecl u~~-czy% ccta~ ~z~t of~rh~~ ~r~etlrr~~c;l ITz~} ~t~~3tlcrrx~l
c~c~e ~~.-crs nc3r slac~~~~>rz c~r~ the c~rl~3l~zul ;s~~~I3~~aittrtl. ill ~;rctc~in<~ eacc~r->~~ t~~dls~lcl~j csf the
~:-~c~tlc~tacl u,s sht~~,s~n ori* ,s~1i€~et C2 ccazc~' cheejt C'~.
•
Plan Sheet C-2.0
b. General note #5 identifies a bituminous spillway detail. No detail shown.
-1-
1715 Yankee Doodle Road, Suite 200 I Eagan, Minnesota 55121-1698 I Tel: 651.379.9090 ~ Fax: 651.379.9091
Email: custserv@amconconstruction.com I Website: www.amconconstruction.com
•
l~e.~~~~}~a:se::Ihe ~ar~te:s'.fc~~rr~cl r3ra Sheet ~:'2 ~e~er°e~~c~e the dc:~t~~il,~«t~~~d part C.'~.
c. Provide detail and design for retaining wall block intended for use.
~'e~>~~c~~~:se: Sc~e t~c~~~isc=d ,shc~~t t '2 fr`~f• ~vc~ll e~~~tuil.
General Comments
d. Add a note that states all work and materials for utility and site improvements shall
be in accordance with the City of Elk River Design Standards
I~e.~~at~t~.se: xSee revi~secl.~heet C? fi~~° c~rldecl nf~tt~.
Landscaping/Vegetation
4) Landscaping. Please confirm the difference in seed/ sod mixtures as indicated on sheet C4
and L1.
~c+.~~ae~a~:~~c~: ~`lzcj ~~e~~;r°e3~c~j tt~ s~ee~~s~)d ~~ec/r~ao~czn~c~~rt~~ hu.s hc~e~~ ~~1arx~~cd t~~ ~~ef~:~R tc~ the
~,c~~~~l~c:ca~e ~'la~r.
• It is suggested that landscaping be added to the west and east end of the soccer field to help
keep balls out of the drainage ditch and adjacent properties.
Kc~.s~7r~n.~~e; x5`ee re~~is~ed sTzczet I;1:~€~r° ~cdded Irzndsccx~~in~ ran ~+~e.st end c~~,~iesZc~ ;~'~~ r~dd~3d
It~~~~~•c°a~~r~~,r t~eecz'ed can east cnd c~~ field, ~°c}tai~tr~h ~~~c~ll s•c3~~id~:cz'.
Grading
5) Grading must be accomplished on site unless written permission is granted from property
owner. It appears that some grading due west of the building extends beyond the property
line, as shown on sheet C2.
I~e,s~attn.ce: ~S'ee Je~°is~ed sTteet ~;,2, C~~rcrdita5 hcrs been rera2~a~~ed,fi°c~~~a adjrtcerat~~r~c#~er~ty.
Miscellaneous
6) I note that some improvements (parking lot, ball fields), encroach on an UPA easement.
Please verify that these planned improvements are permissible within the easement, either by
providing a copy of the easement, or a letter from UPA.
1~'es~c~~rAse: :l~he lil'y' eas~en~ent i:s far Great I~i~,er° ~;~~e~~~~, ,l;re h~ati~e cc~~ztcrc-ted CII~',l ar~cl
• gotten c~ ~%erbal a~~l~roval that rw~h~Ft i~~e crre doing is• acc°e~tcrhle.:l'hey ~~-tll ~t°c~cc3.s~r ~t
-2-
tp~j~~°~~~r~,>7J~ llaet• e~~~~it~eet~~n~; c~~~~~rc~°t~ney~t c~~z~ 1ac~~ae l~1 hu~~~ cc l~tt~~~ ~,?,~~c~~~~~°c~~~r~l ~r3 ~~~~ ~y;
Lf~G' C~IILI C)~7~L',~~ I't~L'C'~[.
If you have fiu-ther questions or concerns please feel free to contact myself or Erik J. Peterson
at 651.379.9015
Sincerely ~ ~,.~
Marls Huus, A.LA
Project Architect
•
•
-,
-~-
~rtY ~
~~~
MEMORANDUM
.~Te~
TO: Jeremy Barnhart, Planning Manager
FROM: Justin Femrite P.E., City Engineer
DATE: November 2, 2010
SUBJECT: Spectrum High School Building Expansion Review
I have reviewed the plans and drainage calculations submitted for the Spectrum High School
with regards to engineering concerns. The plan set, produced by Anderson Passe &
Associates, included 5 sheets numbered C-1.0 to C-4.1 and were dated 9/24/10 and further
revised on 10/26/10. The following items need to be changed and/or addressed prior to
plan acceptance:
Plan Sheet C-2.0
• 1. The retaining wall detail and dimensioning does not print out legible. There is also a
dimension shown on the right hand side of the detail that is not readable.
Plan Sheet C-3.0
•
2. The proposed bituminous spillway does not detail the depth of bituminous or
geometry of the flow line of the spillway. The spillway should be widened at the
back of curb to extend to the top of the curb tapers to prevent water from getting
along side of the spillway. The designer should consider an impermeable membrane,
rubber or clay, below the bituminous material to prevent the spillway from being
washed out if water does get beneath the bituminous material.
If you have any questions regarding any of these comments, please call.
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