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5.1 PCSR 06-24-2014 ►1// • Elk` Request for Action River To Item Number Planning Commission 5.1 Agenda Section Meeting Date Prepared by Planning Items dune 24, 2()14 Zack Carlton, Planner I Item Description Reviewed by Request for Interim L'se Permit I';xtension by Jeremy Barnhart, Deput\ Director, C()1)1) Spectrum High School Reviewed by Public Hearing, Case No. Cl 14-14 Action Requested Recommend, by motion, approval of the Interim l-se Permit extension request by Spectrum High School to utilize the space at 17534 Industrial Circle for wrestling and fitness classes in the Business Park Zoning district, with the following conditions: 1. The Interim Use Permit (IUP) shall expire on June 1, 2015, or when the gym facility at 17834 Industrial Circle is no longer in use,whichever occurs first. 2. Additional extensions to the IUP will not be granted. 3. 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. 4. The standards for issuance of the Conditional Use Permit (CU 10-22) shall continue to be maintained. 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 Spectrum High School is requesting a one year extension of their Interim l-se Permit (II'P) to hold fitness and wrestling programs at 17534 Industrial Circle. Spectrum recently received approval to establish a sixth grade campus at 11044 Industrial Circle, which includes a new gym space. The fitness and wrestling programs \\ill move to the new gym, but it is not expected to be completed until the fall/winter of 2014. The extension will ensure the activities continue, uninterrupted, through the winter months. The Il-P \\ill expire when the fitness equipment is remo\ed from 1-'534 Industrial Circle or dune 1, 2015, whichever occurs first Spectrum received appro\al for the original I l-P in 2010, and has received three extensions. 1 he latest extension expires .1ugust 15, 2014. Analysis Negative impacts to the surrounding businesses from the use have not been recorded, nor are the\ expected. Practices are generally held after school, \Ionda\ through 11rida■. Students walk from the school to practices, and the space is not used for competition. P t W f R f o H 1 1,,,,r1 ii, 1'i,lu.,l 1 14 IWAIUR� Staff supports the Il'l' as the use has been continual since 20111 without significant impacts to surrounding businesses. .ldditionall\, the use is expected to end later this y ear with the completion of Spectrum's sixth grade education center at 11044 Industrial Circle NW. Applicable Regulations Interim l'se Permit In determining whether to authorize an interim use, the Planning Commission and Cite Council shall consider the following criteria: 1. (he pc(/or/o/lime/o/'11'lclt'l7 //lc'inte1'l//1 file permit 1■ to be gli/11/ec/IE'lll lc'nm/Icl/c bc'/oi: cmy cll/1'c'/:(4'impacts c/li' //roll (telbicoil tropt'/r/es. 2. "I'liere a lee/!/ale clJ.Vlnllh'c Mat the properly mill be k//111 suit dell' COI/ell/Mil clue('///e/1,W 1.1 le1711111cllecl J. lie ii.■e l.t ,l//JI/fcll'to /l.tc'.t c11101Pe/III the f‘'011111g C/Lltl/ct 111 11'/llt'lc 1/c'p ope/'h'Lt loc'cllecl. 4. I lie c/cl/c' or e1'ell/Mal 11'lll/e/7mncite the//se ran be nlc'11tilieC/11'1//c c c'1 tell/!O'. 111//c01'1:;111l Me use mill not I/llro.■e cull/r11o11c1/costs 011 the pu(lJhc'1/I/l.t IleCe.t.tclll'/ol'the rl(llllt'lo /elk('the p ope1/)'111 /he/iitlife. 6. //cc'c/pp/ic c/n/am/I/.tc'1'ai:'e to all c'ollc/1/lolls Mal l/)c' City(01111C11 C/c'c'111.1 cipprOp/7c1/0or e(/1//con/cl/1o/1 0//he 111/e17/ll I/.I e. lie clppIlc'c1111r1,/I'IC/el clJ.■/1/illlcc't c/c't'll/t'cl cl2/c'l111cl1e by /he ,'l/)'c'011I1cil/licit the use 111/1//c'l7//I/lc/lt' ill r1o1'1cic0lIll 1lh' 111/x'/711///se pe171111. The city c'OIUhi/may i:'ll1/IR' /he app//cc//l/to deposit ci cask amount 11'///c //cc city, 0rr/L/'lc/c' !1l/ic'1'/(11711 to c'11■11/i' c'ompllclm'c'x1/l/ 1/0.■ c'l7/c'/7c/. S. llll/lo1'hcllion 01 l/R'Illlc'17/11 I/,tc' 07.//110/l2'.■ 1/1 Ill c111'c'l:lc'e//e'e'ls 011 the public llc'clltl4 Jcl/c'/)', of 119'llclli'. 9. /lh'rioro1c'c/111/x'17/ll I(JC'I■ c'0iisittc'/i/1!'I//c /lh' ( 1/)' 01 Ilk Riper(.omrli'/ic'nsii'c' /'lc//1 duel con/o/711,■ to the c/l)' t /011111/ ii'tin/c1/10/1.1. I f denial of such a permit should occur, it shall accompan\ recommendations or determinations by findings or a report stating how the proposed use does not comph with the standards set forth in Section 3))-O58. In the revie\‘ of the standards for Ill) as outlined, it appears that the request is consistent with all of these standards. Financial Impact None Attachments • Ia)cation I\lap • applicants Narrative dared Nla\ 13, 2(114 • Conditional l-se Permit Cl. 111-22 \ I),I,nuu,id I nnnunw Uc,cl,lnrnnl I'I.uuun ( I !tic l I' ( I' ll 14;Ic44n11cIIloll '] I I I114Hi1,,I'I i)pccuumII'I' I ,Ic, .t n t, 24 lcl a« r A . J - r �OC 'Fie ,s, r n r 4 illro' a , N'N---- r - _ ' itgythlSta. YY . - tics r• tom '° - !-r / ,. 4 y i 4 _. �„.,. r •` ,, 1, ',l a T.. 1. 11 e.,/.. 1+ yys.%�; qy J ' 1 likt. -I .- .Et ..,- '. .. ti; r• •• i e s `4 4 Cv;. .,. , — . ,,, • 1.+.y _ ' • 1t . �b3 1 t4 .1, ” 0 Spectrum High Schoo� = '%tf,- l )":I�p11N i +.._ P \is,s,s N, { _ 4 a i V i Spectrum High School . "..1.**._ Interim Use Permit Elk Case No: CU 14- 14 River SPECTRUM HIGH SCHOOL 17796 Industrial Circle NW • Elk River, MN 55330 Phone: 763-241-8703 • Fax: 763-633-1380 GRADES 6 - 1 2 www.spectrumhighschool.org May 13, 2014 Mr. Zack Carlton, Planner City of Elk River Dear Mr. Carlton, We are writing to request a twelve month extension for the Interim Use Permit (IUP)for the property at 17834 Industrial Circle. We will discontinue use of the property at 17834 Industrial Circle if we are able to move into the gymnasium of the new 6th Grade Education Center before the end of the twelve month extension of the IUP. The property at 17834 Industrial Circle is used for the Spectrum wrestling program and other afterschool athletic activities. The current IUP expires on August 15, 2014. We anticipate opening the new 6th Grade Education Center this fall. Since the gymnasium in the 6th Grade Education Center may not be completed until October, the additional twelve months for the IUP will offer either a seamless transition for after school activities from the warehouse space to the new gymnasium or an extension if the 6th Grade Education Center project is delayed for up to one year. Thank you very much for your consideration! Sincerely, w� Rick Peterson Director of Athletics 763-450-9805 small school . . . BIG RESULTS Office of the County Recorder Sherburne County,MN Doc. No.729230 Certified,filed,and/or recorded on 3/25/2011 9:30 AM Michelle Ashe,County Recorder B Deputy Fees $46.00 11111 11111111 I 111 729230 STATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL COUNTY OF SHERBURNE CONDITIONAL USE CITY OF ELK RIVER PROCEEDINGS In the matter of: Spectrum I ugh School Request: Conditional Use Permit for Educational Institution in Business Park Zoning District Case No. CU 10-22 ORDER GRANTING CONDITIONAL USE Eik River Business Park,LLC,Owner The above entitled matter came to be heard before the City Council on the Gtr' day of December, 2010, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: Lot 3, Block 1, ELK RIVER BUSINESS PARK, Sherburne County, Minnesota I'1'IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED 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 6TH GRADE WILL REQUIRE AMENDMENT TO THE CUP. 5. NO PARKING ON THE ADJACENT PUBLIC STREETS FROM 8:00 A.M. TO 4:00 P.M., MONDAY THROUGH FRIDAY. 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. 9. PROVIDE A BIKING/WALKING PLAN AS AN ALTERNATIVE MEANS OF GETTING TO AND FROM SCHOOL SAFELY. DATED this 6"' day of December, 2010. n\departments\commuruty development\planning\case files\cup\cu 10-22 spectrum\recording doc docx