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4.3 PCSR 05-08-2012REQUEST FOR ACTION To Item Number Plannin Commission 4.3 Agenda Section Meeting Date Prepared by Plannin Items 1u17 12, 2011 erem Barnhart, Plannin l~Iana er Item Description Reviewed by Request by Spectrum High School for an Interim Use Permit to Jerem Barnhart, Plannin Mana er extend their existing IUP for awrestling/fitness facility at 17834 Reviewed by Industrial Circle, Public Hearing -Case No. CU 12-04 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 August 15, 2014 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 Spectrum is requesting a two year extension of their Interim Use Permit to permit the utilization of the site at 17834 Industrial Circle for the wrestling and fitness programs as Spectrum explores alternative locations, including apports/ athletics complex on Highway 12. 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. The use has been in the location since, this will be the third extension of the interim use permit. 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 for competitions. Staff supports the interim use permit for the wrestling as a short term solution to meet the needs of the school. As a long term solution, staff does not support the use, as it appears to circumvent the intent of the zoning district and the interim use permit process. Case File: CU 12-04 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: 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 likely to 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. 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. N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-04 Spectmm wrestling\CU 12-04 Spectrum wrestling SR to PC S-S- 12.docs Case File: CU 12-b4 Page 3 Spectmm Wrestling 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 • Location Map • Applicants Narrative ACtlon ~lZotion b5~ Second by Vote Follow Up N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-04 Spectmm wrestling\CU 12-U4 Spectrum wrestling SR to PC 5-8- 12.doc •.aw.. ~,~ 4 ~- ~ ~ U ~M~. ~, cd ~~~~~ ~ ~ ~ ~ ~~ ~ ~ ~ b T h l ~ ~O ~ (~ ~~~ ~ ~ ~ ~ cd _\ ~- J ...., ~ z ~ ..n - U1 ~.. ~~ ~ ~ ~+ ~,,, ~T ~~, ~- ~ ~ o : W N ~, U ~c C 6g~ -~ bM ~ ~~ ~ N~ ~y ~ ~ S tf~ a~ -~ February 16, 2012 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 have been granted for the past two years 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 space has worked very well for our wrestling program and the cardio and strength equipment have been used occasionally for our physical education classes. The building at this address contains about 50,000 square feet of space subdivided into 5,000 - 20,000 foot sections. There are currently two other tenants in the building besides ourselves. We have a great relationship with both of the other tenants and they support our continued CUP. Prior to our lease of this space from AMCON; the 5,000 square foot space was occupied by a gymnastics academy. The space includes three restrooms. Spectrum uses a wrestling mat and other cardio/strength equipment in the space. No modifications have been made to the structure and no signs have been necessary. Wrestling practices are held from approximately 3:30 - 5:30 pm from Monday -Friday throughout the wrestling season. We have about 30 wrestlers and two coaches. Wrestlers walk one block to the facility from 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 has occasionally brought his high school fitness class, comprised of about 15 students, to the building to use the strength equipment during normal school hours (8:00 am - 3:30 pm). As mentioned before; students walk one block to the facility from Spectrum High School. A coach, teacher, or Spectrum appointed adult associate provides continuous supervision during any use of the space. The only users of the space will be Spectrum High school students, staff, or faculty. 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 17796 Industrial Circle NW Elk River, MN 55330 763-450-9805