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4.5. PCSR 06-27-2023Request for Action To Item Number Planning Commission 4.5 Agenda Section Meeting Date Prepared by Public Hearings June 27, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by Avery’s Adventures LLC – 19138 Freeport St. NW Zack Carlton, Community Development Director  Conditional Use Permit to allow the proposed Reviewed by amusement and recreation use, Case No. CU 23- 14 Action Requested Recommend, by motion, approval of the Conditional Use Permit as the standards set forth in Section 30-654 have been satisfied. Background/Discussion The subject property is located within the Elk Park Center Planned Unit Development (PUD) which was approved in 1994. The PUD agreement identifies amusement and recreation uses as a conditional use, requiring a Conditional Use Permit (CUP) application and approval from both the Planning Commission and the City Council. Avery’s Adventures is proposing to operate an indoor playground facility focusing on younger age groups from 0-12 with an array of obstacles, soft play, a small trampoline, and foam pit for the older kids. Building Plans include various play areas within an open floor plan with restroom facilities at the back of the building. There are no proposed changes to the exterior of the building or site. Signage The applicant proposes to install a new 12’ x 4’ sign over the door. The PUD design guidelines limit sign height to 32 inches tall and the proposed sign will need to be amended to meet the standard. Parking The proposed use is 2,600 square feet in size and requires 13 parking spaces per city ordinance (1 space per 200 square feet of floor area). The parking lot in front of the facility is adequately sized to accommodate the required parking for the proposed use as well as all other uses in the development. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: January 2023 Hours of Operation The facility will be open seven days a week from 8:30 a.m. to 8:30 p.m. with an automated door and admission system, similar to an Anytime Fitness gym, the difference is customers will have to go onto their website and buy admission to receive access. Employees The applicant and his wife will be the only employees. Applicable Regulations In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the 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 PUD agreement was established for uses as that being proposed. The use 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. Staff do not see a need to impose specific conditions to satisfy this standard. 2. Will be consistent with the comprehensive plan. The property is guided as Highway Business. The highway business category primarily consists of a mix of auto-oriented retail and service businesses, restaurants, and community and regional-scale shopping centers. Highway business uses are located along Highway 169 and Highway 10 and have high visibility from these corridors. The use will be consistent with the comprehensive plan. Staff do not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The surrounding area is fully developed. The use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff does not see a need to impose specific conditions to satisfy this standard. 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 facility will be served by city services, additional SAC and WAC fees may be required to account for the change in use, but this will be determined at the time of building permit. There does not appear to be any other potential impact to public facilities or services. Staff do not see a need to impose specific conditions to satisfy this standard. 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. The proposed use 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. Staff does not see a need to impose specific conditions to satisfy this standard. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The facility will be located in an existing building and the proposal does not include exterior site modifications. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff do not see a need to impose specific conditions to satisfy this standard. 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. The use 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. Staff do not see a need to impose specific conditions to satisfy this standard. 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. Financial Impact None Mission/Policy/Goal  Meet changing needs - Agile  Reflect the culture of citizens and what is important to majority Attachments  Location Map  Applicant’s Narrative  Building Plans CU 23-14 Narrative Avery's Adventures is a indoor playground aimed toward a younger age group of 0-12 with an array of obstacles, soft play and a small trampoline and foam pit for the older kids. We have nothing like this around our area and our community of young children are very much calling for it, including us with our 3 little ones. Our hours of operation will be 7 days a week hours are not set yet but we are thinking 8:30am - 8:30pm. We will have an automated door and admission system similar to an Anytime Fitness gym, the difference with ours is customers will have to go onto our website and buy admission to receive access therefore the only employees we will have is my wife an I. There is no assigned parking stalls for the suites in this building so the total amount of stalls in the lot are 250. The only modifications we will need to do to the suite is paint, flooring, security system, and hanging a well lit roughly 12x4 sign above the door, other than that the location is perfect for what we need it for. We will not need any outdoor storage everything we will need to store would be in the back room where there is an office and also 2 bathrooms and a nursing room. FD VACANT C101A +/- 3,378 SF ELECTRICAL PANEL RAIN LEADER +/- 117'-6"+/- 28'-9"6'-0" 6'-3 3/4" 5'-10 3/4" 5'-1" 5'-5 3/4" 4'-2 1/4" 7'-4" 5'-6"51'-0 1/4"39'-4"10'-2" OVERHEAD BEAM D E S I G N G R O U P TERRA CONSTRUCTION - ELK PARK CENTER | C101A ELK RIVER, MN | 09/21/22 | M22-256 0' NORTH 8'-0"4'-0"16'-0" KEY PLAN SUITE C101A NOT TO SCALE FDFD