7.7. SR 12-19-2016 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.7
Agenda Section Meeting Date Prepared by
Public Hearin s December 19, 2016 Zack Carlton,Planning Manager
Item Description Reviewed by
Spectrum High School— 11044 Industrial Circle Cal Portner, City Administrator
■ Conditional Use Permit for Expansion of Reviewed by
an Institutional Use
Action Requested
Close the public hearing. No further action is required.
Background/Discussion
Case No. CU 16-28
The applicant seeks a Conditional Use Permit (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 6th grade. They seek to expand the satellite location to
improve educational opportunities and relocate grades 7 and 8, freeing up space at the first location, and
expand high school enrollment.
Planning Commission
During the public hearing at the Planning Commission meeting, two residents spoke in opposition of the
proposed expansion. They provided the attached narrative declaring their concerns with the project.
The Planning Commission agreed with many of the comments made during the public hearing and
recommended 5-0 to deny the request on the grounds that it did not meet the required conditions for
approval of a CUP.
After the meeting, staff spoke with the applicant about other options for expansion within the city. They
have withdrawn their application and will explore alternative locations for their proposed expansion. The
email withdrawing their CUP application is attached.
Statutory Review Period
Per State Statute 15.99 the required 60-day review was extended to January 24, 2016.
Attachments
■ Letter submitted during the Commission Meeting on November 22, 2016
■ Email withdrawing the CUP application dated December 6, 2016
POWERED 6T
AR
(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-up 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.
1
Carlton, Zachary
From:Rick Peterson <rpeterson@spectrumhighschool.org>
Sent:Tuesday, December 06, 2016 3:42 PM
To:Carlton, Zachary
Subject:CUP - Withdraw
Zack,
We are writing to request that the Spectrum High School CUP application (Case #CU 16-28) be withdrawn (and
removed from the city council agenda on Dec. 19, 2016). We are excited to continue working with the City to
explore options for Spectrum to secure a site that will meet current needs and allow for future growth, while
working collaboratively with the city and business park.
Please confirm that you have received this request.
Sincerely,
Rick Peterson
Director of Athletics & Facilities
Spectrum High School
Elk River, MN
763-450-9805