4.1. PCSR 05-22-2018
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Request for Action
To
Planning Commission
Item Number
4.1
Agenda Section
Public Hearings
Meeting Date
May 22, 2018
Prepared by
Chris Leeseberg, Senior Planner
Item Description
Spectrum High School - 10129 181st Ave NW
Interim Use Permit - athletic complex updates
& expansion, Case No. CU 18-09
Reviewed by
Zack Carlton, Planning Manager
Reviewed by
Action Requested
Recommend, by motion, approval of an Interim Use Permit with the following conditions:
1. Interim Use Permit shall expire on June 30, 2023.
Background/Discussion
The property is zoned R1-d where Institutional Uses (schools) require a Conditional Use Permit (CUP).
Spectrum received an Interim Use Permit (IUP) for temporary classrooms at 10129 181st Avenue (subject
property) in 2007 and the expiration date for that IUP was July 1, 2010. During their time at the subject
property, they operated a school in the temporary structures and installed athletic fields which were
allowed as they were accessory to the school.
In December of 2010, Spectrum received a CUP for their current facility located at 17796 Industrial
Circle. The classroom activities moved to the permanent facility at 17796 Industrial Circle but the athletic
fields remained at the subject property.
The applicant is requesting a CUP to expand their athletic facilities on the subject property. Commercial
Recreation Facilities (athletic facilities) are not a permitted use in the R1-d zoning district. The use is a
legal non-conforming use which means the fields can be maintained and replaced but cannot be
expanded.
In the near future, staff will bring forward to the Planning Commission and City Council an ordinance
amendment allowing Commercial Recreation Facilities in single-family zoning districts.
Staff recommends the changing the request to an IUP as the proposed use/expansion is similar to uses
allowed in the zoning district in which the property is located. Athletic fields are allowed when associated
with a school, which are allowed in single-family residential districts.
The site plan shows an outdoor bus shelter to include at least one indoor service garage and maintenance
area. The R1-d zoning district does not allow Motor Vehicle Repair Shops. Prior to being approved, this
will need to be removed from the final plan and/or from the text.
N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-09 Spectrum\4-Planning Commission\CU 18-09 sr PC 5-22-18.docx
Applicable Regulation
Before the city council may authorize an interim use, it must make the following findings:
1. The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are
felt upon adjacent properties.
The majority of the subject and surrounding properties are wetland and flood plain. The single
family neighborhoods to south are separated from the subject site by County Road 12. There will
be no adverse impacts.
2. There is adequate assurance that the property will be left in suitable condition after the use is terminated.
The condition of the property will be suitable for future development within or near wetlands
and flood plains once the use has terminated. Again, staff will be looking at an ordinance
amendment allowing Commercial Recreation Facilities as a Conditional Use in single-family
zoning districts.
3. The use is similar to uses allowed in the zoning district in which the property is located.
Athletic fields are allowed when associated with a school, which are allowed in single-family
residential districts.
4. The date or event that will terminate the use can be identified with certainty.
A certain date can be identified and adhered to. Spectrum continues to grow and expand. Their
impacts on this site may continue to grow and the IUP will be reviewed in 2023 if an ordinance
amendment allowing Commercial Recreation Facilities as a Conditional Use in single-family
zoning districts has not been approved by the City Council.
5. Authorizing the use will not impose additional costs on the public if it is necessary for the public to take the
property in the future.
If public took ownership of the property, the property could be utilized “as is” for the public.
6. The applicant and user agree to all conditions that the city council deems appropriate for authorization of the
interim use.
If the applicant does not agree with all conditions deemed appropriate by the City Council the
permit will not be approved.
7. The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the
interim use permit. The city council may require the applicant to deposit a cash amount with the city, or provide
some other form of security, to ensure compliance with this criteria.
The use will terminate at a designated date. If an ordinance amendment is approved, the use
would be allowed to continue indefinitely as a Conditional Use Permit. The site has limited
development potential as anything but a recreational facility.
N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-09 Spectrum\4-Planning Commission\CU 18-09 sr PC 5-22-18.docx
8. Authorization of the interim use will not result in adverse effects on the public health, safety, or welfare.
The use will not adversely affect the public health, safety, and welfare.
9. The proposed interim use is consistent with the City of Elk River Comprehensive Plan and conforms to the city's
zoning regulations.
The proposed use is consistent with the City of Elk River Comprehensive Plan and conforms to
the city's zoning regulations.
Financial Impact
None
Statutory Review Period
Per State Statute 15.99 the required 60 day review period ends on June 3, 2018. A letter extending the
review period to account for the City Council meeting on June 18, 2018, was sent on May 18, 2018.
Council Meeting
If acted on, this item will go to the June 18, 2018, City Council meeting.
Attachments
Location Map
Applicant’s Narrative
Site Plans
MN DNR Memo dated May 11, 2018
Minnesota Department of Natural Resources • Division of Ecological and Water Resources
1035 South Benton Dr. Sauk Rapids, MN 56379
Minnesota Department of Natural Resources
Ecological and Water Resources Division
1035 S Benton Dr.
Sauk Rapids, MN 56379
May 11, 2018, 2018
Amanda Bednar
City of Elk River
13065 Orono Parkway NW
Elk River, MN 55330
RE: SPECTRUM SCHOOL CONDITIONAL USE PERMIT CASE # 18-09
Dear Ms. Bednar,
The DNR has reviewed the Conditional Use Permit application to expand athletic fields and other structures on
Trott Brook M-063-001.5. From the submitted documents it appears that none of the structures will be in
violation of floodplain ordinances. It appears that parts of the different athletic fields would be in the floodway.
A detailed hydrologic model should be submitted to ensure that any fill and grading does not cause a stage
increase during the 100 year event (1% event) per your ordinance sec 30-1912 (d).
In many situations the Ordinary High Water Elevation (OHW) is found to be the same elevation as the floodway.
The applicant should contact the Area Hydrologist with a detailed survey of the site to ensure that no additional
permits are required to work below the OHW.
Sincerely,
James Bedell
Area Hydrologist
|1035 S Benton Dr.| Sauk Rapids, MN 53379 | (320) 223-7850 | james.bedell@state.mn.us |
EC: Dan Petrik; MN DNR Land Use Specialist
Tim Crocker; MN DNR North District Manager
Nancy Riddle; Sherburne County Zoning Administrator
Ceil Strauss; MN DNR Floodplain Hydrologist