5.4. SR 07-18-2011~1~-• /,~
Elk REQUEST FOR ACTION
River
To Item Number
Ci Council 5.4
Agenda Section Meeting Date Prepared by
Public Hearing Items July 18, 2011 Chris Leeseberg, Park Planner /
Planner
Item Description Reviewed by
Request by Spectrum High School for an Interim Use Permit to erem Barnhart, Plannin Mana er
Extend Their Existing IUP for aWrestling/Fitness Facility at Reviewed by
17834 Industrial Circle, Case No. CU 11-10 -Public Hearing
Action Requested
Staff and the Planning Commission are recommending the City Council approve the request with the
following conditions:
1. Interim Use Permit shall expire August 15, 2012.
2. As an Interim Use Permit is not a Building Permit, the applicant shall obtain all required
permits, including approvals from the Fire Chief, City Engineer, and Building Official.
3. The standards for issuance of the Conditional Use Permit shall continue to be
maintained.
4. Due to the industrial nature of the neighborhood, the school recognizes that noise,
odors, truck traffic, and other undesirable effects may be present.
Planning Commission
No comments were received at the public hearing.
The Planning Commission recommended approval of the request with a 6-1 vote.
Attachments
Location Map
• Applicants Narrative
Planning Commission Memo dated July 12, 2011
Planning Commission Memo dated November 9, 2010
Action Motion by Second by Vote
Follow Up
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July 16, 2011
Narrative
Owner: Elk River Business Park, LLC
Amcon Construction, LLC
Tenant: Spectrum High School
Overview:
Spectrum High School is requesting the ongoing continuation of the CUP that we were
granted last year for wrestling/fitness for the 5,000 square feet of space located at unit #7
of 17834 Industrial Circle NW, Elk River, MN. Amcon, LLC is the building owner. The
dates that we would like to request for the CUP are August 15, 2011 -August 3 1, 2012.
Our new school is under construction one block to the south of this address. We will be
completing less than t/z of the second floor for the upcoming school year. Among the
areas not completed will be the fitness and wrestling room. We hope that these areas
may be completed next summer (2012).
The building at this address contains about 50,000 square feet of space subdivided into
5,000 - 20,000 foot sections. There is currently only one other tenant in the building
besides ourselves.
Prior to our (Spectrum High School) lease; the 5,000 square foot space was occupied by a
gymnastics academy. The space includes three restrooms. Spectrum will use a wrestling
mat and other strength equipment in 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. Like last season; we anticipate about 10-20
wrestlers and two coaches. Wrestlers will be able to walk one block to the facility from
the new Spectrum High School (there is a sidewalk). The only parking necessary at any
given time will be for 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). As mentioned before; students will be able to
walk one block to the facility from 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
763-450-9024
~~/''''`~~~ r
REQUEST FOR ACTION
To Item Number
Plaiuun Commission 5.4
Agenda Section Meeting Date Prepared by
Planning Items July 12, 2011 Chris Leeseberg, Park Planner /
Planner
Item Description Reviewed by
Request by Spectrum High School for an Interim Use Permit to erem Barnhart, Plannin Mana er
extend their existing IUP for awrestling/fitness facility at 17834 Reviewed by
Industrial Circle, Public Hearing- Case No. CU 11-10
Action Requested
Spectrum High School has requested an Interim Use Permit to allow the use of the subject paxcel for
wrestling practice. Staff is recommending approval, subject to the conditions listed below.
1. Interim Use Permit shall expire August 15, 2012
2. As an Interim Use Permit is not a Building Permit, the applicant shall obtain all required
permits, including approvals from the Fire Chief, City Engineer and Building Official.
3. The standards for issuance of the Conditional Use Permit shall continue to be
maintained.
4. 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 is constructing their school at 17796 Industrial Circle (CU 10-22).
In 2010, the City Council granted an Interim Use Permit (CU 10-23) to allow the use of Business Park
space for wrestling at 17834 Industrial Circle.
With the current construction of the school, only about one half of the second floor will be completed
for the upcoming school year. The fitness and wrestling room will be among the areas that will not be
completed.
Because of the construction delays, the applicant is requesting an Interim Use Permit to expire on August
15, 2012.
Analysis
Staff is not aware of significant negative impacts to the surrounding businesses.
Practices are generally held Monday through Friday after school. Students will be walking to the facility
from the school. The space will not be used fox competitions.
Case File: CU 10-23
Page 2
Conditional Use Permit
Spectrum Wrestling
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
~. Weill not endanger, injure or detrimentally affect the use and enjoyment of otherpropery in the immediate vicinity
or the public health, safety, morals, comfort, convenience orgeneral 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, map be disruptive to wrestling. It is important that the school and the
City Council recognize these impacts.
2. mill be consistent with the Comprehensive Plan.
The City Council has determined that the school is consistent with the Comprehensive Plan.
3. bill not impede the normal and orderly development and improvement of surrounding vacant propery.
The interim nature of the wrestling use is not likely to impact locating businesses' decision-making.
4. Weill be served adequately by and aarill not adversely affect essential public facilities and services including streets,
police and fire protection, drainage, refuse disposal, aa~ater and seaver systems, parks and schools; and avill not, in
particular, create traffic congestion or interference urith traffic on adjacent and neighboring public thoroughfares.
The existing public facilities should accommodate the use of the space for wrestling.
5. ]-Niel not involve uses, activities, processes, materials, equ pment and conditions of operation that mill be
detrimental to any persons or proper y because of excessive tra~c, 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. 1~ill 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. 1~ill fully comply with all other requirements of this Code, including any applicable requirements and standards
for the issuance of a license orpermit to establish and operate the proposed use in the city.
The application suggests no deviations from the ordinance.
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Case File: CU 10-23
Page 3
Attachments
Location Map
• Applicants Narrative
Planning Commission Memo dated November 9, 2010
Spectrum Wrestling
Action Motion by Second by Vote
FOllow Up
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REQUEST FOR ACTION
To Item Number
Plannin Commission 5.3.
Agenda Section Meeting Date Prepared by
Plannin Items November 9, 2010 Terem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Spectrum High School fox Conditional Use Permit
to allow the use of Business Park space fox wrestling, Reviewed by
Public Hearing -Case 1Vo. CU 1 D-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 pem~itting educational institutional uses in the Business Park Zoning
District (OA 10-11), Spectrum has submitted an application for Conditional Use Pern~it 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.
Case File: CU 10-23
p~
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:
7. 1.Vill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity
or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city.
Staff sees the temporary use of the space fox 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. mill be consistent with the Comprehensive Plan.
The City Council has determined that the school is consistent with-the Comprehensive Plan.
3. bill not impede the normal and orderly development and improvement of surrounding vacantpropery.
The interim nature of the wrestling use is not likely to impact locating businesses' decision-making.
4. Dill be served adequately by and will not adversely affect essential public facilities and services including streets,
police and fire protection, drainage, r~se disposal, water and sewer systems, parks and schools; and will not, in
particular, create traffiic congestion or interference with traffic on adjacent and neighboring public thoroughfares
The existing public facilities should accommodate the use of the space for wrestling.
5. mill not involve uses, activities, processes, materials, equipment and conditions of operation that ~a~ill be
detrimental to any persons orproperty 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
ITT:\Depamnents\Community Development\Planning\Case Files\CUP\CU 10.?3 Spectrum(Wrestling-Fitness Faality)\CU 10-23 Spectnirn
Wrestling SR to PC 11-9-10.docx
Case File: CU 10-?3
Page 3
Spectrum Wrestling
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. I.Plill not result in the destruction, loss or damage of a natural, scenic or historic feature of ma~ jor importasace.
Approval is not expected to result in the loss of natural or scenic features.
7. i-Vill fully comply with all other requirements of this Code, including any applicable requirements and standards
for the issuance of a license orpermit 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 bF Vote
Follow Up
N:\Depamnents\Community Development\Planning\Case Files\CUP\CU 10-23 Spectrum(~X/restling-Fitness Facility)\CU 10.23 Spectrum
Wrestling SR to PC 11-9-10.docx