5.1. BASR 09-27-2022Request for Action
To Item Number
Board of Adjustments 5.1
Agenda Section Meeting Date Prepared by
Public Hearings September 27, 2022 Zack Carlton, Community Development Director
Item Description Reviewed by
Spectrum High School – 17796 Industrial Circle Chris Leeseberg, Senior Planner
Variance to Allow Expansion of a Non-
Reviewed by
Conforming Use (parking lot),
Case No. V 22-13
Action Requested
Approve, by motion, the expansion of a legal non-conforming use with
a variance for the following reasons:
1. The general purpose and intent of the ordinance are met.
2. The property has a land use of residential and the use is
consistent with the Comprehensive Plan.
3. The proposed use is reasonable and is permitted in the zoning
ordinance.
4. The plight of the petitioner is due to circumstances unique to
the property not a consequence of the petitioner’s own action
or inaction.
5. The variance will not alter the essential character of the locality.
and;
with the following conditions:
1. Spectrum is responsible for locating and protecting water
service valves located on the property, including private fire
hydrant isolation valves.
2. The city will allow two designated exit lanes and one entrance
lane at Industrial Circle. If a second ingress lane is desired,
Spectrum will need to provide a traffic study demonstrating an
analysis of how the two ingress lanes will function.
Background/Discussion
Spectrum High School was approved, via Conditional Use Permit, to operate an educational facility at 17796
Industrial Circle in 2012. At that time, educational uses were a conditional use in the Business Park zoning district,
which the property was, and still is, zoned. Spectrum also received Council approval to operate in two other
buildings within the same industrial park. All the permitted locations have been updated and in continuous use as
an educational use since their approval.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
Council removed educational uses as an allowed use in the Business Park zoning district in 2018, reclassifying the
three Spectrum facilities in the district as legal-nonconforming uses. These operations may continue provided they
continue to follow the standards outlined in their approvals.
Spectrum’s approvals included a cap on the number of students and as their class distributions have shifted, the
number of high school students has placed a burden on the parking facilities. Older students prefer to drive to
school, and Spectrum is proposing an expansion of their existing parking lot to accommodate the additional
demand. The requested expansion adds 124 parking spaces.
Legal non-conforming uses may only expand in accordance with Sec. 30-698 of the city code, which states:
Permission to expand a nonconforming use may be requested and granted pursuant to the procedures and standards set forth in
subdivision II of division 2 of this article, provided:
(1) The cost of the expansion is not in excess of 25 percent of the assessed value of the improvements on the property.
(2) The expansion will not make the property any less compatible with adjacent properties.
The request does not exceed 25 percent of the assessed value of the improvements on the property nor does the
expansion make the property less compatible with adjacent properties. With these standards met, ordinance
prescribes a formal review using the variance process.
Applicable Regulation
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described
below. The variance is:
1. Is in harmony with the general purpose and intent of the ordinance, and
Educational uses were removed as an allowed use in the business park zoning district to preserve available land and uses for
industrial and jobs related uses. The proposed expansion of the parking lot at the high school does not impact additional
parcels nor does it impact the scope (overall number of students) permitted to attend the school.
The request is in harmony with the intent of the ordinance.
2. Is consistent with the City of Elk River Comprehensive Plan.
The Comprehensive Plan guides the property for semi-public/institutional uses, supporting the school’s use of the property.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the
zoning ordinance. Practical difficulties means that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
Expansion of the parking area provides additional off-street parking options for the students, which has been a concern of
nearby businesses in the past. The parking area has the potential to improve the compatibility with nearby uses and uses the
property in a reasonable manner.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the
petitioner's own action or inaction; and
The City Council initiated the removal of institutional uses as an allowed use in the district. Removal of the use requires the
current variance request and is not a consequence of the petitioner’s own action or inaction.
5. The variance, if granted, will not alter the essential character of the locality.
As noted earlier, the parking lot expansion has the potential to improve the character of the area by allowing more off-street
parking for students. Large parking/paved areas are also commonplace in industrial settings.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by October 7, 2022, this item will go to the October 17,
2022, City Council meeting.
Mission/Policy/Goal
Support the growth and development of the community
Attachments
Location Map
Applicant’s Narrative
Site Plans
Sherburne County, MN
Developed by
Par cel ID 75-659-0115
Sec/T wp/Rng 2-32-26
Pr oper ty Address 17796 INDUSTRIAL C IR NW
ELK RIVER
Alter nate ID n/a
Class 710-K-12 Schools - Public
Acr eage 6.44
Owner Addr ess SP EC TRUM BUILDING C OMPANY
17796 INDUSTRIAL C IR NW
ELK RIVER MN 55330
Distr ict ELK RIVER C ITY
Br ief T ax Descr iption n/a
(Note: Not to be used on leg a l documents)
Disclaimer: Every a ttempt has been made to ensure tha t the information conta ined o n this web site is va lid a t the time of publication. Sherburne Co unty reserves the right to make additio ns ,
changes, or corrections at any time a nd without notice. Additionally, Sherburne County dis claims a ny a nd all lia bility for dama ges incurred directly o r indirectly as a result o f errors, omis sions or
dis crepancies a nd is not respo ns ible fo r misuse or mis interpretatio n. Data is updated periodically. Fo r the mo st current information contact the appro pria te county depa rtment.
Disclaimer fo r St Cloud Parcels : Sherburne Co unty informa tion abo ut St Clo ud properties are limited to classification a nd value. Any ques tions regarding additional informa tion please contact
the City of St Cloud's as sess or o ffice.
Date created: 9/1/2022
Last Data Uploa ded: 9/1/2022 12:24:37 AM
590 ft
Overvi ew
Legend
Public W ater Inventor y
Not C la ssified
Genera l
Dev elopment
Na tural Environment
Recreationa l
Dev elopment
Roa ds
Parcels
Ditches
Str ea ms
W etlands
Description of Proiect Narrative
The narrative is your opportunity to describe, promote, and sell your proposal to the Planning
Commission and/or City Council before the meeting(s). A typewritten narrative explaining your request
in detail should include, but not limited to, all the following applicable information:
■ Detailed description/scope of project. See attached.
■ What is being proposed? Expansion of parking lot and any required entrance/exit
■ How is the request consistent with City of Elk River Comprehensive Plan? Provide
adequate narking for use of building — snecificalh event parking and student narkini=
■ Hours of Operation 7:00 a.m. — 4:00 p.m.
■ Number of Employees (Approximateh) 103 full-time and 50 part-time
■ Number of parking stalls, existing and additional 141 existing and 129 additional ( new
■ Is there proposed screening of the site? No
■ Proposed building materials N/A
■ How do they comply with applicable design standards?
■ Signage —(at time of installation, a separate permit is required for each sign) N/A
■ How many?
■ Proposed sizes?
■ Locations?
■ What type?
■ Is there outdoor storage? No
■ What is being stored?
• How much?
■ Proposed screening?
Erosion Control
I have read, understand, and agree to the erosion control measures as outlined in Sections 30-972, 30-416,
and all other locations of Elk River City Code and agree to install or implement the measures upon
approval by the City of Elk River. I understand that failure to implement these measures may result in
immediate suspension and, os ible restoration and mitigation measures.
Applicant Signature:
Print Name:
Date: 08/29/22
Page 4 of 5
SPECTRUM HIGH SCHOOLELK RIVER, MNBLOCH ENGINEERING, PLLCblochengineering.com32210 XEON ST NWCAMBRIDGE, MN 55008krystle@blochengineering.comNCHBLENGINEERING
UPA Easement per Document No. 418029BLOCH ENGINEERING, PLLCblochengineering.com32210 XEON ST NWCAMBRIDGE, MN 55008krystle@blochengineering.comNCHBLENGINEERINGOVERALL SITE PLAN
UPA Easement per Document No. 418029BLOCH ENGINEERING, PLLCblochengineering.com32210 XEON ST NWCAMBRIDGE, MN 55008krystle@blochengineering.comNCHBLENGINEERINGSITE, GRADING AND EROSION CONTROL PLAN - PARKING LOT
BLOCH ENGINEERING, PLLCblochengineering.com32210 XEON ST NWCAMBRIDGE, MN 55008krystle@blochengineering.comNCHBLENGINEERINGSITE, GRADING AND EROSION CONTROL PLAN - ENTRANCE
BLOCH ENGINEERING, PLLCblochengineering.com32210 XEON ST NWCAMBRIDGE, MN 55008krystle@blochengineering.comNCHBLENGINEERING
CALCAREOUS FENS:KARST AREA PROTECTION:IMPAIRED AND SPECIAL WATERSSpecial or impaired waters within 1 mile of this site include the Mississippi River for Scenic and Recreational Segments.BMPs found in NPDES CWS Permit 23.9, 23.10, and 23.11 must be incorporated.There is no active Karst in this site.No calcareous Fen sites exist on this project.There are no stormwater mitigation measures proposed as part of environmental, endangered species, archaeological orother required local, state or federal reviews conducted for the project.MITIGATION DUE TO REVIEWS:EROSION CONTROL QUANTITIES:STORM WATER POLLUTION PREVENTION PLAN (SWPPP)PROJECT DESCRIPTION:SWPPP IMPLEMENTATIONMajority A SoilsConstruction to begin fall 2022. Silt fence around where specified and Rock entrances to be installedbefore any of the following scheduled events take place. Existing structures shall also be protected fromsediment from the start of construction. 1. Grading 2. Road prep and construction 3. Infiltration pond final gradingConstruction completion expected Fall 2022. All temporary erosion control measures will be removedand disposed of according to MPCA requirements. Final stabilization will be established.If construction is not completed before winter, stockpiles and any slopes must be stabilized with appropriate BMPs (mulch,seed, erosion control blanket) as applicable to avoid erosion in the following spring season.See NPDES CWS Permit Part 11 for inspection frequency adjustments throughout the course ofscheduled construction.CONSTRUCTION SEQUENCE:CALCULATIONS:SOIL TYPES:TIMING OF BMP INSTALLATIONPROJECT CONTACT IMPLEMENTATION/MAINTENANCE:This proposed site plan consists of the new construction of a new parking lot and access. This will include regrading and paving. The total area ofconstruction and grading will be approximately 1.6 acres.The new parking lot will flow to the proposed infiltration areas on the property.The Contractor is responsible for implementation of the SWPPP and the installation, inspection, and maintenanceof the erosion prevention and sediment control BMPs before and during construction. The Contractor will have an Erosion Control Supervisorwho is responsible for coordinating the erosion prevention and sediment control BMPs.Spectrum High School is responsible for long term operation and maintenance of the permanent storm water management system.Erosion and Sediment Control, BMP Inspection Performed By:xxxxLong Term Pond Maintenance Provided By:Spectrum High SchoolThe erosion prevention and sediment control BMPs shall be installed as necessary to minimize erosion from disturbed surfaces andcapture sediment on site.1. Erosion and sediment control BMPs must be installed prior to the start of construction.2.Where applicable, disturbed areas will immediately be temporarily stabilized prior to permanent turf establishment whenever constructionceases for 7 days, with special consideration of areas within 200 feet continuous positive slope of a surface water.3.Temporary or permanent energy dissipation shall be placed at pipe outlets within 24 hours after connection to a surface water.4.Temporary stabilization of stockpiles must be initiated immediately to limit soil erosion whenever any construction activity haspermanently ceased on any portion of the site and will not resume for a period exceeding 7 calendar days.5.Planned slopes of 1:3 (V:H) or steeper and greater than 75 ft. in length will be temporarily or permanently stabilized in incrementsnot to exceed 75 ft., prior to constructing or disturbing a new increment.6.BMPs must remain in place until final stabilization is achieved and permit NOT has been submitted to the MPCA.7.The normal wetted perimeter of any temporary or permanent drainage ditch or swale that drains water from any portion of theconstruction site, or diverts around the site, must be stabilized within 200 lineal feet from the property edge, or from the point ofdischarge into any surface water. Stabilization of the last 200 lineal feet must be completed within 24 hours after connecting to a surfacewater.8.Developer/Contractor is responsible for removal of silt fence upon turf establishment.9.Seeding of site shall be completed within two weeks of grading completion.Total Area of Grading = Roadway and Ponds = 1.6 AcresTotal Existing Impervious = 106,236 Square FeetTotal New Impervious = 152,166 Square FeetWATER QUALITY VOLUME (TOTAL)= (1.1")(1'/12")(152,166 SF) = 13,949 CFBLOCH ENGINEERING, PLLCblochengineering.com32210 XEON ST NWCAMBRIDGE, MN 55008krystle@blochengineering.comNCHBLENGINEERING
SEDIMENT CONTROL MEASURES:CONSTRUCTION NOTES:EROSION PREVENTION MEASURES:DEWATERING AND BASIN DRAINING:INSPECTION AND MAINTENANCE REQUIREMENTS MUST INCLUDE:MAINTENANCE PERFORMANCE:POLLUTION PREVENTION MANAGEMENT:DISCHARGE TO WETLANDS:FINAL STABILIZATION:STORM WATER POLLUTION PREVENTION PLAN (SWPPP)1.The Permittee(s) (either the owner or operator, whoever is identified in the SWPPP) must routinely inspect the entireconstruction site at least once every seven (7) days during active construction and within 24 hours after a rainfallevent greater than 0.5 inches in 24 hours. - Date and time of inspections. All inspections and maintenance conducted during construction shall be recorded within 24 hours in writing and these records must be retained in the SWPPP - Name of person(s) conducting inspections. - Findings of inspections, including specific locations where there are recommendations for corrective actions. - Corrective actions taken (including dates, times, and party completing maintenance activities). - Date and amount of all rainfall events greater than 1/2 inch (0.5 inches) in 24 hours. Rainfall amounts must be obtained by a properly maintained rain gauge onsite, a weather station within 1 mile of the project location, or a weather reporting system that provides site specific rainfall data from radar summaries. - See permit Part 6.1-6.4 for amendments to SWPPP. - Construction site vehicle exit locations must be inspected for evidence of off-site sediment tracking onto paved surfaces. Tracked sediment must be removed from all paved surfaces within 24 hours of discovery (NPDES CSW Permit Part 9.12). - Infiltration and Bioretention facility must be inspected for sedimentation. - Discharges discovered during inspections shall be documented per NPDES CSW Permit part 11.11.f 1. All nonfunctional BMPs must be repaired, replaced, or supplemented with functional BMPs by the end of the next business dayafterdiscovery, or as soon as field conditions allow access unless another time frame is specified that is not less restrictivethan permit requirements. See permit Part 11.4 for specific requirements.2.Perimeter control devices must be repaired, replaced, or supplemented when nonfunctional or sediment reaches on-half the height ofthe device.3.Temporary and permanent sediment basins must be drained and sediment removed when the depth of sediment collected reacheson-half storage volume4.All sediment deposits and deltas must be removed from surface waters (including drainage ways, catch basins, and other drainagesystems) and the removal areas restabilized within 7 days.5.Permanent stormwater treatment BMPs must be inspected and maintained per NPDES CSW Permit 11.31. Solid Waste: Sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction anddemolition debris and other wastes must be properly collected, stored, and disposed of in accordance with Minn. R.ch.7035.This includes any materials used for erosion control. 2. Hazardous and Toxic Materials: Includes, but is not limited to: Oil, gasoline, paint and any hazardous substances must beproperly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storageareas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in accordance with Minn.R.Ch.7045 3. External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must becontained and waste properly disposed of. 4. No engine degreasing is allowed on site. 5. Concrete washout onsite: All liquid and solid wastes generated by concrete washout operations must be contained in aleak-proof containment facility or impermeable liner. A compacted clay liner that does not allow washout liquids to enterground water is considered an impermeable liner. The liquid and solid wastes must not contact the ground, and there mustnot be runoff from the concrete washout operations or areas. Liquid and solid wastes must be disposed of properly and incompliance with MPCA regulations. A sign must be installed adjacent to each washout facility to inform concrete equipmentoperators to utilize the proper facilities.6.Building products that have the potential to leach pollutants must be under cover. (NPDES CSW Permit Part 12.2)7.Pesticides, herbicides, insecticides, fertilizers, treatment chemicals, and landscaped materials must be under cover.(NPDES Permit Part 12.3).8.Portable toilets must be positioned so that they are secure and will no be tipped or knocked over. Sanitary waste must be disposedof properly in accordance with Minn.R.ch.7041. (NPDES CSW Permit Part 12.6)9.Spill Prevention and Response Requirements: Adequate supplies must be available at all times to clean up discharged materials andan appropriate method must be available for recovered spilled materials. Spills must be reported and cleaned up immediately asrequired by Minn. Stat. 115.061 using dry cleanup measures where possible.TRAINING REQUIREMENTS:Construction shall be in accordance with the MPCA NPDES General Stormwater Permit for construction activity, plans,Mn/DOT Spec. Book, Standard Specifications for Construction and the special provisions.The Contractor shall maintain a stockpile of erosion control devices at all times for immediate usage.The Contractor shall keep the inspection and maintenance log.See permit Part 20 for SWPPP record retention requirements. SWPPP must be kept on site during construction by permittee who hasoperational control of that portion of the site.In the event of accidental sediment or pollutant discharge, the City, MPCA local contact and/or State Duty Officer shall benotified. The MPCA State Duty Officer can be reached at (800) 422-0798. 1. The Permittee(s) shall ensure the individuals identified in this part have been trained in accordance with the NPDES CSW Permit's training requirements. The Permittee(s) shall ensure the training is recorded in or with the SWPPP before the start of construction or as soon as the personnel for the project have been determined. a. Who must be trained: i. Individual(s) preparing the SWPPP for the project. ii. Individual(s) overseeing implementation of, revising, and amending the SWPPP and individual(s) performing inspections. One of these individual(s) must be available for an on site inspection within 72 hours upon request by the MPCA. iii. Individual(s) performing or supervising the installation, maintenance, and repair of BMPs. At least one individual on a project must be trained in these job duties. b. Training content. The content and extent of training must be commensurate with the individual's job duties and responsibilities with regard to activities covered under this permit for the project. At least one individual present on the permitted project site (or available to the project site in 72 hours) must be trained in the job duties described in Permit Part 20. c. Training documentation: i. Documentation must be recorded with the SWPPP prior to the start of construction. ii. Names of the personnel associated with this project that are required to be trained per Part III.F of this permit. iii. Dates of training and name of instructor(s) and entity providing training. iv. Content of training course or workshop (including number of hours of training). d. The Permittee(s) shall ensure that the individuals are trained by local, state, federal agencies, professional organizations, or other entities with expertise in erosion prevention, sediment control or permanent stormwater management such as the University of Minnesota, Minnesota Erosion Control Association, Soil and Water Conservation Districts or the MPCA. 1. Temporary or permanent stabilization of exposed soils, including stockpiles, shall be initiated immediately to limit soil erosion whenever any construction activity has temporarily or permanently ceased on that portion of the site and will notresume for a period exceeding 7 calendar days. (Permit Part 8.4 and 23.9).2.The normal wetted perimeter of any temporary or permanent drainage ditch or swale that drains water for any portion ofthe construction site, within 200 lineal feet, must be completed within 24 hours after connecting to a surface water orproperty edge. Mulch, hydromulch, tackifier, polyacrylamide, or similar practice is not acceptable stabilization in anypart of a drainage ditch or swale with continuous slop greater than 2%. (Permit Part 8.6-8.8).3.Use check dams along length of conveyance channels. (Permit Part 8.7).4.Temporary or permanent energy dissipation devices must be installed at pipe outlets within 24 hours after connection to asurface water.5. Temporary or permanent ditches or swales that are being used as a sediment containment system during construction must bestabilized within 24 hours after no longer being used as a sediment containment system. 1. In order to maintain sheet flow and minimize rills and/or gullies, there shall be no unbroken slope length of greaterthan 75 feet for slopes with a grade of 1:3 or steeper. 2. Sediment control practices must be established on all down gradient perimeters and upgradient of any buffer zones. Thesepractices shall remiain in place until final stabilization has been achieved and the Permit NOT form has been submitted to the MPCA. 3. Temporary soil stockpiles must have silt fence or other effective sediment controls, and cannot be placed in surfacewaters, including stormwater conveyances such as curb and gutter systems, or conduits and ditches unless there isa bypass in place for the stormwater.4.Vehicle tracking of sediment from the construction site (or onto streets within the site) must be minimized byBest Management Practices (BMPs) such as stone pads, concrete or steel wash racks, or equivalent systems. Trackedsediment onto paved surfaces must be removed daily, at minimum.5.Per Part 9.3, if down gradient sediment controls are overloaded, additional upgradient sediment control practicesor redundant BMPs to eliminate overloading must be installed, and the SWPPP must be amended.6.See permit 9.6 and Part 11 for instructions on re-installation of sediment control practices after they've been adjusted.7.See permit Part 9.7 and 9.8 for instructions on the removal of storm drain inlet protection BMPs.8.Direct discharges from BMPs to vegetated areas, unless infeasible.1. If dewatering is required on the site, there must be a plan in place to prevent nuisance conditions, erosion and inundation of wetlands.2. If using filters with backwash water, backwash water must be hauled away for disposal, returned to the beginning of the treatment process, or incorporated into the site in a manner that does not erode into runoff.1.Permanent stabilization of exposed soils, including stockpiles, shall be initiated immediately to limit soil erosion whenever any construction activity has permanently ceased on any portion of the site and will not resume for a period exceeding 7 calendar days.2.The permanent stormwater treatment system must be constructed, meet all requirements, and operating as designed.3.All sediment must be removed from permanent stormwater management system and conveyance systems.4.All temporary synthetic erosion prevention and and sediment control BMPs must be removed.5. See Landscape sheets for turf establishment.6. Final stabilization is achieved by a uniform perennial vegetative cover with a density of 70% of expected growth over the entirepervious area.2.If there is a wetland impact caused by filling, draining, excavation or inundation, how has that impact been addressed bypermits or other approvals from an official statewide program (U.S. Army Corps of Engineers 404 program, MinnesotaDepartment of Natural Resources, or the State of Minnesota Wetland Conservation Act)? If the impact is consideredexempted or non jurisdictional by theses programs, how is the impact in conformance with the sequence mitigationrequirements of MPCA water quality standards in MN Rule 7050.0186<https://www.revisor.leg.state.mn.us/rules/?id=7050.0186>1.Conventional erosion and sediment control to be used. If neccessary to use chemical treatment, permittee must follow guidelines asstated in NPDES Permit Part 9.182.No Site assessment for groundwater or soil contamination required.THE DESCRIPTION OF INSPECTIONS AND MAINTENANCE:MISCELLANEOUS:BLOCH ENGINEERING, PLLCblochengineering.com32210 XEON ST NWCAMBRIDGE, MN 55008krystle@blochengineering.comNCHBLENGINEERING