5.6. SR 12-06-2010REQUEST FOR ACTION
To Item Number
C1 Council 5.6.
Agenda Section Meeting Date Prepared by
Communi Develo ment December 6, 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, Case No. Reviewed by
CU 10-23 -Public Hearing
Action Requested
Based on the information provided to date, staff and the Planning Commission recommend approval of
an Interim Use Permit allowing suite 7 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 April 30, 2011.
2. As this Interim Use Permit is not a Building Permit, the applicant shall apply for
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
Assuming approval of Spectrum High School in the lot next door (CU 10-22), Spectrum plans on
offering wrestling this winter, and their existing location on County Road 12 does not have the necessary
facilities.
Spectrum seeks interim use approval to expire Apri130, 2011. Wrestling would be offered in the main
high school building for the 2011-2012 school year.
Public Comment
No comments have been made specific to the proposed wrestling and fitness classes. The public hearing
was held at two Planning Commission meetings. On November 9, a neighboring business owner voiced
concern regarding a school in general. The public hearing was continued to November 23, 2010.
On November 23, the Planning Commission reopened the public hearing. The business owner was not
present. 'The applicant voiced support for the project. Planning Commissioner Dana Anderson was not
present, but provided written opposition to the application, which was read for the record.
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06[1].docx
Planning Commission Discussion
The Planning Commission has reviewed the request at two meetings. At the second meeting, the
Planning Commission, noting that no information has been provided to support a negative vote,
recommended approval with the five conditions as outlined in this staff report.
Attachments
• Staff report to the Planning Commission dated November 9, 2010
• Staff report to the Planning Commission dated November 23, 2010
• Letter received in opposition from Dana Anderson.
ACtIOn Motion by Second by Vote
Follow Up
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OG[1].docx
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REQUEST 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
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REQUEST FOR ACTION
To Item Number
Plannin Commission 5.3.
Agenda Section Meeting Date Prepared by
Planning Items November 9, 2010 Jeremy Barnhart, Plannin 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 No. 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 Perrrrit 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 OZ-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 R~restling 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, may be 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.
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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 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 tl~e 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 tl~e 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
Q1ctlOn Motion by Second by Vote
Follow Up
~r
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Wrestling SRto PC 11-9-10.docx
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Narrative
Owner: Elk River Business Park, LLC
Amcon Construction, LLC
Tenant: Spectrum High School
Overview:
Spectrum Hiffh School is starting a wrestling program this «-inter. 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 Spectnun 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: ~•vhich ends in March. We anticipate about 10-20
wrestlers and two coaches. Most w-restlers 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 ~-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 ~~-i11 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 Hiah School
10129 181St Ave. NW
~ __ Elk River, MN 55330
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To Stem hlurt~ber
City Council
agenda Section Meeting E3ate Pre¢ared by
Platoon Items Tu1jy 16, 2007 Terem~y BaL-nhart, Plannin 1\'lana~er
(tern i:3escri~tion E~evie~red by
Discussion regarding Commercial Recreation Uses in the Scott Clark, Community Development
Business Park -Public Hearing Director
E~eviewed by
fiction E~equested
Adoption of Ordinance as presented
Background/€~iscu~sion
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 Paxk 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 ins>entoxy, economic policy goals, and recommended the Planning Com.m_ission 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 ayas unable to issue the permit for a use that is not
a permitted or conditional use.
May 8, 2007, Staff initiated an ordinance amendment, re~yiewed by the Platuong
Commission. The amendment suggested Commercial Recreation as a perrriitted 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 CLZ' application fox 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 ayith 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.
-- I~fay 22, 2007 PC a=orkshop, 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 recoiz-imendation of approval
June 18, 2007 CC fleeting, the City Council reviewed the draft provisions, and directed staff
to develop an ordinance. The Council cvas clear u1 its direction that certain areas of the Cite should
be preser~=ed for true industrial uses, including industrial and business park areas.
lit the request of the City Council a second notice v-as published in the Star Nevi=s and a special
mailing was sent to those that submitted their address to staff after the last meeting. A mailing «>as
sent to Pat Bziggs, Pamela Sitts, and Julie Schoen on June 26s'.
~,~ac~rnents
CC _~pril 10, 2006 minute excezpt
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 h2ajT 31, 2007
Ordinance
Qsvervie~( ~r~~YSis
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, man~T of which mar not
be appropriate in all districts. Commercial Recreation (driving ranges, soccer complexes, volleyball
leagues, etc j is currently permitted in the C-1, C-3, and unplatted I-1 and I-Z zoning districts.
Dudng their meetings in May, and on June 12~', the Plannuzg Commission discussed the
appropriateness of t?Zese uses, and after breaking dovJn Commercial Recreation into three categories,
delegated them to zones they felt most appropriate, based on access needs, intensin% of use and
adjacent uses, and building needs.
;after much discussion, the Planning Commission is recommending three new defuutions, and
amending a fourth. The Commission also recommends allowing ceL-tain "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 learnisig
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 known for hands on training in
classrooms and laboratories and work is completed toy.>ard a degree or certificate of marketable
skills.
It is expected that a number of dancers from and the oa~ner of PS Dance u%ill 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
-- ~.-ou1d not permit PS Dance in this bolding. This is consistent with the direction Staff recei~-ed at
the City Council meeting on June 18`t'.
ftecorr~rnenciatior~
Staff and the Planning Commission recommend appro~-al of the ordinance as drafted.
Respectfully Submitted
~~
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jerems Barnhart
Planning I~~Zanager
~C~IOIl Motion b3 Second by Vote
FoE{QV~ Up