5.5 PCSR 11-22-2016Request for Action
To
Item Number
Planning Commission
5.5
Agenda Section
Meeting Date
Prepared by
Public Hearings
November 22, 2016
Zack Carlton, Planning Manager
Item Description
Reviewed by
Spectrum High School —11044 Industrial Circle
Chris Leeseber , Senior Planner
■ Conditional Use Permit for expansion of an
Reviewed by
Institutional Use, Case No. CU 16-32
Action Requested
Recommend, by motion, approval of the Conditional Use Permit (CUP) with the following conditions:
1. The applicant must apply for and receive approval for all required permits before any
construction may begin.
2. The applicant must apply for and receive approval of all required sign permits before signage may
be installed.
3. Ownership of all units within the expansion area must be proven prior to recording the CUP.
4. Capacity of the school, combination of both facilities within the industrial park, shall not exceed
1,000 students.
5. Future expansions into other areas of the building, or development outside of the existing
footprint will require an amendment to the CUP.
6. No school related parking on the adjacent public streets.
7. All concrete masonry units shall be the same color as the wall color they are infilling.
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. Full functionality of the remaining unit not owned by Spectrum High School must be maintained.
Any additional changes to the site will require city approval.
Background/Discussion
The applicant is seeking approval of a CUP to expand operation of the existing Institutional Use (school)
at 11044 Industrial Circle. The subject property is zoned Business Park (BP) where schools are listed as a
conditional use.
In 2011 the applicant received a CUP to operate a school at 17796 Industrial Circle, and in 2014 they
received approval for a satellite location to offer sixth grade education. They are now seeking to expand
the satellite location to expand educational opportunities and relocate grades seven and eight, freeing up
space at the first location, and expand high school enrollment.
Although Spectrum has already received land use approvals for this and other sites, this request must be
reviewed independently due to the fact that CUP's are issued to a property, not a tenant or occupant, and
are based on a specific plan. The existing CUP for 17796 Industrial Circle may need to be amended, or
site plan improvements made, to adjust for a new distribution of students when the seventh and eighth
grade class moves to the expanded location.
P 0 N E A E 9 i
NATURil
Current plans do not include the western most unit on the north side of the commercial condo building.
This owner wishes to continue to operate their business at this location. The functionality for this unit
must be maintained. This includes loading dock use, parking, circulation, and access. Plans include a small
expansion of the existing building into the courtyard space, allowing for additional classroom space, but
this does not appear to impact the functionality of the end unit.
Parking
The parking infrastructure already exists and was calculated for a general business park building. Parking
requirements for elementary/junior high schools is two (2) stalls for each classroom. There is no
separate requirement for gymnasium space. There are eight existing classrooms, requiring 16 parking
stalls, and 21 new classrooms, requiring a total of 58 parking stalls. The school has 88+ parking spaces
available for their use. The site plan shows an additional parking lot west of the existing building, but
that is not planned for construction at this time. The change would also require separate land use
approvals for a lot combination as parking lots are accessory uses.
Increased enrollment at the high school, located at 17796 Industrial School, due to the shifting of
students will impact parking. Staff will work with Spectrum to ensure all parking needs will continue to
be met on-site, and not utilize the street for day to day parking needs. A CUP amendment may be
needed to account for site plan improvements related to parking.
Drop Off/Pick Up
Bus loading and unloading will take place on the south side of the building directly adjacent to the
sidewalk. Parent drop off can occur in two locations: on the backside of the building (loading dock area)
and on the east side of the building. Parent pick up will continue to occur on the east side of the
building near the main entrance. This system has worked well since the sixth grade facility opened, and
they plan to continue the same system and incorporate changes if needed.
Circulation and Access
Access to the site will be via two existing locations, one on the north side of the property and the second
on the south side of the property. These two access points service all properties in the area contained by
Industrial Circle and Twin Lakes Road. No new access points are being proposed.
Bus traffic will be routed around the perimeter of the entire building, in a clockwise direction. Other
vehicular traffic will be routed around the building, as well as through the shared parking lot. Parents,
visitors and employees are encouraged to enter on the south side of the building using the drive off of
Industrial Circle.
In the past, staff has received complaints from the community regarding safety at both intersections of
Industrial Circle and Twin Lakes Road. No improvements are planned at this time.
Students
The applicant's narrative notes that they currently serve over 600 students in grades 6 to 12 between the
two facilities. Current projections anticipate continued growth in enrollment through 2022, reaching a
capacity of 1,000 students with the current buildings.
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11-22-2016.doct
Number of Employees
Spectrum currently employs about 140 people, and after the expansion is complete they anticipate hiring
an additional 20 to 50 employees. The staff is split between the two facilities, and the current site has
sufficient parking for additional employee parking.
Hours of Operation
While the hours of operation may change, currently the Student school hours are 7:30 a.m. - 3:15 p.m.
(Monday -Friday during the school year)
Faculty school hours start at 7:30 a.m. (Monday -Friday during the school year)
School year (End of August through May)
Extracurricular activities vary in timing, but generally they occur between 3:30 p.m. and 5:30 p.m.
Architecture
The building materials of the existing building consist mainly of raked insulated precast concrete panels.
Existing overhead doors currently serving what will be the school area are proposed to be filled in with
concrete masonry units. (CMU) The BP zoning district lists CMU's as an allowed building material.
Some of these in -fill areas will also have insulated aluminum windows installed.
Applicable Regulation
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. I-Ylill 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.
This application will not detrimentally affect the use of nearby properties. This is an industrial
zoned area, and the school acknowledges that industrial business that generate noise, odor, traffic,
and other undesirable impacts may occur.
2. Vill be consistent with the comprehensive plan.
The City Council amended the zoning ordinance to allow institutional uses in the Business Park
zoning district, which is guided for industrial uses. The change concludes that these uses are
acceptable in industrial guided areas.
3. 1-Vill not impede the normal and orderly development and improvement of surrounding vacant propery.
Surrounding properties are nearly fully developed, and future uses in existing buildings or sites will
be consistent with the BP standards. This project will not impact that development.
4. Wlill 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 ystems, parrs and schools; and Will not, in
particular, create frac congestion or interference with trac on adjacent and neighboring public thoroughfares.
The facility is served by public utilities, maintains access for emergency services, and will not
adversely impact surrounding facilities.
5. Dill 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.
The proposed institutional use will not involve uses or activities that would be detrimental to
nearby persons or property. Traffic will be in the form of buses dropping students off, and will
follow the same plans that have been in places for the previous school years at this location.
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G. Dill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
The project does not include exterior development that would result in the loss or damage of
natural or historic features. The area is fully developed, and exterior impacts are localized to areas
already covered by impervious surfaces.
7. Dill fully comply avith 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 project meets all other standards described in the city code.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30-654.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all of
these standards.
The applicant has also supplied a narrative describing the projects fit within the CUP standards.
Financial Impact
None
Statutory Review Period
Per State Statute 15.99 the required 60 day review period was extended to January 24, 2017.
City Council
If acted on, this item will be reviewed by the City Council on December 19, 2016.
Attachments
■ Location Map
■ Applicants Narrative dated September 26, 2016
■ Floor plans received November 16, 2016
■ CUP Conditions Narrative dated November 16, 2016
N:\Departments\Community Development\Planning\Case Files\CUP\CU 16-28 Spectrum High School\ 3- Planning Commission\CU 16-28 sr PC
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CUP Narrative — September 26, 2016
Submitted by: Spectrum High School
Background
Spectrum High School (Spectrum) is a 6"' through 12"' grade public charter school celebrating its 10' year serving the
students and families of Elk River.
Spectrum's vision is to be a leader in fostering academic and personal excellence through programs emphasizing high
academic standards in a small -school setting. The school accomplishes this by emphasizing college preparatory
curriculum, a technology integrated environment, and community-based outreach.
The school began operations in 2006, serving 66 students at the Boys and Girls Club located at 905 6th St NW. In 2007,
Spectrum moved to modular classroom units located at 10129 181 S` Avenue — the current location of our Athletic
Complex. Spectrum continued growing, leading to expanded operations serving 390 students in 2011 at our current high
school location, 17796 Industrial Circle NW. In 2014, Spectrum moved its 6" grade students to 11044 Industrial Circle
NW, across the street from the high school building. For the past two years Spectrum has been serving over 600 students
in grades 6-12 between our two facilities, while employing approximately 145 people.
Due to the continued success of Spectrum students and programs, the school is in need of additional facility space. The
following proposed project anticipates future growth through 2022, reaching a capacity of up to 1,000 students.
Detailed Description of Project
1. Spectrum Building Company (SBC) to purchase the remaining 12 condominium units (units 1 10-121). There are
two owners of these units, which cover approximately 28,552 Sq. Ft. and are located at 11044 Industrial Circle.
SBC would then own the entire building, which would be converted to a 6t" through 81" grade facility over three
years. The 6`" grade building currently occupies condominium units 100-109.
2. SBC to purchase the adjacent property, located on the southwest corner of 17823 Industrial Circle NW across
from the current high school facility, to be used for a parking lot. This lot is currently attached to the parcel at
17823 Industrial Circle NW. SBC would then request the lot be attached to the parcel located at 11044 Industrial
Circle, creating one new parcel.
3. Build a field house in the current interior parking lot of 11044 Industrial Circle NW for needed year-round
physical education and extra -curricular activities, and possible community use.
4. Convert a portion of the high school facility to a College and Career Center, continuing to expand concurrent
enrollment opportunities for students.
Timeline for Project
Spectrum anticipates acquisition of the building, located at 11044 Industrial Circle NW, and the open lot, located on the
southwest corner of 17823 Industrial Circle NW, early in 2017. The 7"' grade space (four condominium units directly
connected to the current 6"' grade building) would then be constructed in preparation for the 2017-2018 school year.
Construction on the 8t" grade space (including a performing arts center) at 11044 Industrial Circle NW, the parking lot, the
field house, and the College and Career Center would begin early in 2018 in preparation for the 2018-2019 school year.
Hours of Operation
Weekdays: (Staff) 7:30 a.m. — 4:30 p.m. (Students) 7:30 — 3:15 p.m.
After School and Evening Activities: Hours vary between all school events and extracurricular activities
Weekend Activities: Hours vary between all school events and extracurricular activities
Number of Employees:
Spectrum High School currently employees approximately 140 people
With the full expansion, it is anticipated that the school will employee an additional 20 to 50 people
Number of Parking Stalls (existing and additional):
Existing (currently available to Spectrum High School):
High School Building = 130 Stalls
6" Grade Building = 98 Stalls
Total Existing Stalls = 228 Stalls
Additional Stalls:
Stalls existing at 11044 Industrial Circle NW, that will be available to Spectrum High School once the remainder of the
condominiums are purchased = 48 Stalls
(Proposed) Stalls in the Newly Proposed Parking Lot = Approximately 120 Stalls
Total Additional Parking Stalls = Approximately 168 Stalls
Total stalls available to Spectrum High School upon completion of the proposed project: Approximately 396 Stalls
Is There Proposed Screening of the Site?
Screening already exists for the current building at 11044 Industrial Circle NW.
The field house will be located on the interior of the current building. No additional screening is currently being proposed.
Proposed Building Materials:
11044 Industrial Circle NW is currently constructed. Interior buildout will be steel stud, sheetrock, and cement
construction, similar to current 61" grade building construction.
The field house will be a steel building. Interior buildout will be steel stud, sheetrock, and cement construction.
How do they comply with applicable design standards?
Rivera Architects, Inc. will ensure compliance with all applicable design standards.
Signage
Spectrum is currently considering two additional signs.
The first will be located at the northeast corner of the current structure located at 11044 Industrial Circle NW. The size of
the sign will be approximately 12 feet wide by 6 feet high.
The second sign will be located on the west side of the proposed field house and will be approximately 36 feet (wide) by 3
feet (high).
Both signs will be illuminated. They will be of aluminum and vinyl construction.
Is There Outdoor Storage?
No outdoor storage is currently being planned for this site.
Spectrum is honored to serve students and families of the Elk River community. We value the relationships built with
local businesses and the connections our students have made through their ongoing service learning. We are enthusiastic
about growing the school and continuing to provide this educational choice to students and families of the Elk River
community.
We look forward to the working with the City on the proposed expansion project for Spectrum High School.
Sinc
Rick Peterson
Director of Athletics and Facilities
Spectrum High School
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SPECTRUM
HIGH SCHOOL
GRADES 6-12
November 16, 2016
17796 Industrial Circle NW, Elk River, MN 55330
Phone: (&763) 241-8703 Fax: (763) 663-1380
www. specturmhi ghschool.org
This information is being provided as supporting documentation for Spectrum High School's
Conditional Use Permit (CUP) application submitted on September 26, 2016.
Spectrum High School understands that a CUP is required to meet seven conditions in accordance with
Elk River Code of Ordinances Sec. 30-654 — Standards for issuance. We have attempted to address each
standard below.
Elk River Code of Ordinances Sec. 30-654 — Standards for issuance
(a) Required findings. The planning commission shall recommend a conditional use permit and the
council shall order the issuance of such a permit only if it finds that such 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.
The CUP is to enable the expanded use of the building for a public school. Approximately 44% of the
building is already in use for this purpose.
While the original submittedplans outline afield house in the central area of the facility, bond market
fluctuation has required the school to downsize the scope of the project, eliminating plans for afield
house and performing arts center at this time. In order to plan for the necessary classroom space, the
downsized design provides for a slight extension of the interior NE corner as well as a second floor
above the northeast corner. The building is already designed to accommodate a second floor, including
second story windows and support options throughout.
The resulting plans also allow for the end unit 4121, owned by Robideau Properties, LLC, to remain
intact with full access to the front and rear of the condominium unit.
(2) Will be consistent with the comprehensive plan.
It is the school's understanding that the proposed use is consistent with the original CUP granted for
the school as well as the comprehensive plan.
(3) Will not impede the normal and orderly development and improvement of surrounding vacant
property.
The presence of the school will not materially impact the development of surrounding vacant property.
Spectrum High School has existed in this area for years without material negative impact on the
surrounding areas.
1IPage
The only vacant portion of a parcel located immediately to the west is one that Spectrum High School is
currently seeking to acquire for further development.
(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 building has adequate services as it is currently occupied by multiple tenants.
The proposed plan allows for 7th and 8th grade students to move from being housed in the high school
facility, located across the street, to this building. Since 7th and 8th grade students do not drive, the
school does not anticipate a significant increase to traffic or congestion.
(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.
This will merely be an expansion of the existing public school use of the building.
(6) Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major
importance.
The proposed plans will have no impact on features of this nature.
(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.
Public school is a conditional use in this zoning district.
Thank you for the opportunity to submit additional documentation. Please let us know if the City is in
need of further information.
Sincerely,
Rick Peterson
Director of Athletics and Facilities
Page 12
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(Regulation 1.) CUP will be detrimental to the use and enjoyment, as well as the
convenience and general welfare of the neighborhood and city.
My commercial property at 11044 Industrial Circle will no longer be marketable as the
commercial space it was designed to be. Having shared By -Laws that are controlled by a
dissimilar use (school vs. other business entities) creates a risk and uncontrollable
variable to any prospective buyer or tenant. The dramatic increase in the pedestrian foot
traffic of students will make navigating the business park as a whole, especially my
property, very dangerous to both employees, commercial truck traffic that is inherent to
the zoning district, and most notably, the students themselves.
(Regulation 3.) CUP will impede the normal and orderly development and
improvement of surrounding property.
The approval of this CUP will cause me to lose my tenant, a lease that is worth
approximately $480,000. Beyond this personal impact, I can tell you that the school, even
in its current, much smaller state, has deterred at least two other businesses from
purchasing, improving, or expanding within the business park. One was the potential
purchaser of a 25,000 square foot manufacturing space, the other a prospective buyer of a
50,000 square foot building across the street from my building. Although the area is
developed, the willingness of businesses suitable to business park zoning to locate in the
proximity to a school is nearly non-existent, and will be less so should this expansion be
approved.
(Regulation 4.) CUP will create traffic congestion and interference with traffic on
adjacent and neighboring public thoroughfares.
This business park was not designed for daily busing, or the drop-off and pick-up of
hundreds of students by personal vehicles. This queuing of excessive traffic at least twice
daily creates incredibly difficult navigation of the business park. This mass of buses and
vehicles entering and exiting the business park via two uncontrolled intersections onto a
divided 40 mph thoroughfare, during peak business and commuting hours creates an
incredible, and entirely avoidable public safety risk. This issue is known by the
applicant, and has been highlighted by them approaching city staff and elected officials to
add additional crosswalks and signaled intersections to service this hindrance.
(Regulation 5.) CUP will be detrimental to persons and property because of
excessive traffic.
The additional traffic resulting from the continued expansion of the applicant will be
routed through the shared parking lot. This traffic congestion, staged buses and parent
pick -tip vehicles, creates twice daily impasses to normal business traffic through the
shared lot. This inhibits the ability for patrons to utilize businesses, severely impacts the
ability of employees, owners, and deliveries to service my building in a timely and
expected manner. The increased foot traffic of gym classes, and sports teams
as pedestrian traffic in and around the business park are not in harmony with the intended
design or layout of the business park. Additionally, the use of my parking lot, as well as
neighboring businesses parking lots as "cut-throughs" creates a very hazardous situation
for commercial vehicles accessing loading docks and other business entries.