7.3. SR 05-21-2012~~ REQUEST FOR ACTION
...
.i.~ver
TO ITEM NUMBER
Ma or and Ci Council 7,3
AGENDA SECTION MEETING DATE PREPARED BY
Public Hearin s Ma 21, 2012 erem Barnhart, Plannin Mana er
ITEM DESCRIPTION REVIEWED B)I
Request by Spectrum High School for an Interim Use Permit to Cal Portner, Ci Administrator
Extend Their Existing IUP for aWrestling/Fitness Facility at REVIEWED BY
17834 Industrial Circle, Case No. CU 12-04
ACTION REQUESTED
Staff and the Planning Commission recommend approval of the Interim Use Permit to allow Spectrum
High School to utilize the space at 17834 Industrial Circle for wrestling and fitness classes, 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 High School received their current Interim Use Permit in August 2010, allowing the full
development of the high school building, also approved at that time.
It has become clear to the school that a long term solution to these activities is necessary, a solution they
are currently exploring. The two-year extension is necessary to complete this analysis and develop their
final solution.
Planning Commission comment
Planning Commissioners noted concern with the apparent never ending cycle of Interim Use Permit
extensions, but they recommended approval in a 5-0 vote (Bell was absent).
Public Comment
No one spoke in opposition or support of the application.
ATTACHMENTS
^ Planning Commission packet date May 8, 2012
^ Interim Use Permit
Action Motion by Second by Vote
PA1~EftEA 8f
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QOp~I
.REQUEST FOR ACTION
To Item Number
Plannin Commission 4.3
Agenda Section Meeting Date Prepared by
Plannin Items ul 12, 2011 erem Barnhart, Plannin Mana er
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 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 asports/ 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 fox 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 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. 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 tra~c 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. 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.
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Case File: CU 12-04 Spectrum Wrestling
Page 3
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
ACtloll Morton by Second by Vote
Follow Up
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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
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
INTERIM USE
PROCEEDINGS
In the matter of: Spectrum High School
Request: Interim Use Permit to allow Wrestling and High School Fitness Classes Use at
17834 Industrial Circle (Business Park Zoning District)
Case No. CU 12-04
Elk River Business Park, LLC, Owner
ORDER GRANTING
INTERIM USE
The above entitled matter came to be heard before the City Council on the 21St day of May,
2012, on a petition for an Interim Use pursuant to the City of Elk River Zoning Ordinance, for the
following described property:
Lot 2, Block 1, ELK RIVER BUSINESS PARK,
Sherburne County, Minnesota
IT IS ORDERED that an Interim Use be granted as upon the following conditions or reasons:
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.
CITY OF ELK RIVER CITY
COUNCIL
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.
DATED this 21St day of May, 2012.
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STATE OF MINNESOTA )
COUNTY OF SHERBURNE) ss.
OFFICE OF CITY PLANNING
AND ZONING
ELK RIVER
CITY OF ELK RIVER
I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said City, do
hereby certify that I have compared the foregoing copy and Order granting an Interim Use with the
original record thereof preserved in my office, and have found the same to be a true transcript of the
whole thereof.
If the proposed work described in an Interim Use Permit has not been substantially
completed within two (2) years after its date of issuance, the permit shall expire and become void
except that the Council may, following recommendations of the Planning Commission, extend the
permit for an additional period determined by the council on the receipt of a request for a permit
extension prior to its expiration. An Interim Use Permit authorizes only the use specified in the
permit and shall expire if, for any reason, the authorized use ceases for more than six (6) months.
Jeremy Barnhart
Planning Manager
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River,
Minnesota, in the County of Sherburne, in the City of Elk River, on the day of
2012.
DRAFTED BY:
City of Elk River
Elk River, Minnesota 55330
Signed before me a NOTARY PUBLIC
this day of , 2012.
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