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7.2 SR 03-04-2024Request for Action To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearings March 4, 2024 Zack Carlton, Community Development Director Item Description Reviewed by Spectrum Schools Planned Unit Development (PUD): Chris Leeseberg, Senior Planner 17796 & 17823 Industrial Cir NW Reviewed by  Zone Change from I-1 and BP to PUD Cal Portner, City Administrator  Conditional Use Permit to establish the PUD Action Requested Adopt, by motion, an ordinance changing the zoning of certain parcels from I-1 and BP to Planned Unit Development (PUD), with the following conditions: 1. City Council approval of the preliminary and final plat of Elk River SBC Addition. 2. The plat must be recorded prior to recording the ordinance amending the zoning to PUD. 3. A PUD agreement shall be approved by the City Council prior to recording the Zone Change. Approve, by motion, the Conditional Use Permit establishing a PUD, with the following conditions to satisfy the standards set forth in Section 30-654: 1. Capacity of the school, combination of all three facilities (17796 Industrial Circle, 11044 Industrial Circle, and 17823 Industrial Circle) within the industrial park, shall not exceed 1,000 students. 2. No school-related parking shall be permitted on the adjacent public street. 3. Due to the industrial nature of the neighborhood, the school recognizes that noise, odors, truck traffic, and other undesirable effects may be present. 4. The City Council shall approve a PUD agreement prior to releasing any building permits within the district. 5. The city may require parking and traffic analysis for any future improvements within the district to ensure compatibility with surrounding uses. 6. Building design, materials, and setbacks must match the requirements of the Business Park district. 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 Background/Discussion The applicant, Spectrum Schools, has requested approval of a zone change and CUP to create a Planned Unit Development (PUD) district to support additional development of their educational facilities. Spectrum Schools received their last city approval in 2017, which permitted construction of the middle school building at 17823 Industrial Circle. After that approval, the City Council directed staff to remove educational uses as an allowed use in the Business Park zoning district, and all three Spectrum facilities are now considered legal non-conforming uses. The school has continued to operate under the legal non-conforming status but has recently been reviewing possible changes to their middle and high school buildings to support their academic and sports programming. The request does not include an increase in the number of students (1,000 students in grades 6 to 12), which was permitted with their last approval in 2017. Their proposal to establish a PUD would only support the construction th of additional facilities on the current middle and high school properties. The 6 grade building, which is part of a larger industrial condo building, would not be included in the PUD district and would continue to operate as a legal non-conforming use. Approval of the PUD district will provide spectrum with an opportunity to grow within the current property boundaries of the middle school building (17823 Industrial Circle), and the new high school parcel created with the plat of Elk River SBC Addition. Once the PUD has been approved and recorded, future building or site additions, not supporting additional students, will require an administrative site plan review and a building permit. Planning Commission The Planning Commission held a public hearing on February 27, 2024, to review the requested zone change and PUD. No one spoke during the hearing, and the city has not received any comments for or against the proposal. The Commission discussed the addition of a sixth condition requiring future development within the PUD to follow the Business Park design standards, ensuring visual consistency with the surrounding uses. With the additional condition, the Commission unanimously recommended approval. Financial Impact None Mission/Policy/Goal  Meet changing needs - Agile  Support the educational goals of the community  Ethical, efficient, and responsible Attachments  Planning Commission Packet dated February 27, 2024  Zone Change Exhibit  Ordinance Amendment  Conditional Use Permit Request for Action To Item Number Planning Commission5.2 Agenda SectionMeeting Date Prepared by Public Hearings February 27, 2024 Zack Carlton, Community Development Director Item DescriptionReviewed by Spectrum High School, 17796 Industrial Blvd. NWChris Leeseberg, Senior Planner Zone Change from I-1 and BP to PUD, Case No. Reviewed by ZC 23-08 Conditional Use Permit for a Planned Unit Development (PUD), Case No. CU 23-24 Action Requested Recommend, by motion, approval of the proposed zone change from I-1 and BP to Planned Unit Development (PUD), with the following conditions: 1.City Council approval of the preliminary and final plat of Elk River SBC Addition. 2.The plat must be recorded prior to recording the zone change to PUD. 3.A PUD agreement shall be approved by the City Council prior to recording the Zone Change. Recommend, by motion, approval of the Conditional Use Permit, establishing a PUD, with the following conditions to satisfy the standards set forth in Section 30-654: 1.Capacity of the school, combination of all three facilities (17796 Industrial Circle, 11044 Industrial Circle, and 17823 Industrial Circle)within the industrial park, shall not exceed 1,000 students. 2.No school-related parking shall be permitted on the adjacent public street. 3.Due to the industrial nature of the neighborhood, the school recognizes that noise, odors, truck traffic, and other undesirable effects may be present. 4.The City Council shall approve a PUD agreement prior to releasing any building permits within the district. 5.The city may require parking and traffic analysis for any future improvements within the district to ensure compatibility with surrounding uses. Background/Discussion The applicant, Spectrum Schools, has requested approval of a zone change and CUP to create a Planned Unit Development (PUD) district to support additional development of their facilities. Spectrum schools received their 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 last city approval in 2017, which permitted construction of the middle school building at 17823 Industrial Circle. After that approval, the City Council directed staff to remove educational uses as an allowed use in the Business Park zoning district, and all three Spectrum Facilities along Industrial Circle have been considered legal non- conforming uses since that change. The school has continued to operate under the legal non-conforming status but has recently been reviewing possible changes to their middle and high school buildings to support their academic and sports programming. The requestdoes not include an increase inthe number of students (1,000 students in grades 6 to 12),whichwas permitted with their last approval in 2017. Their proposal to establish a PUD would only support the construction th of additional facilities on the current middle and high school properties. The 6 grade building, which is part of a larger industrial condo building, would not be included in the PUD district and would continue to operate as a legal non-conforming use. Approval of the PUD district will provide spectrum with an opportunity to grow within the current property boundaries of the middle school building (17823 Industrial Circle), and the new high school parcel created with the plat of Elk River SBC Addition. Once the PUD has been approved and recorded, future building or site additions, not supporting additional students, will require an administrative site plan review and a building permit. PUD Concept Plans The current PUD concept plans include an addition of an approximately 36,000 SF field house and a 13,000 SF classroom addition to the middle school building, remodeling of the existing high school gymnasium, a recreation field and parking expansion west of the high school, and a maintenance and storage garage. The submitted concept plans show a general layout and location of the uses, but the final plans may differ from these concepts and will require subsequent review and approval by city staff. Building materials, design choices, parking standards, and setbacks must match the requirements of the Business Park district to ensure continuity with the surrounding industrial properties. Staff reserve the right to require parking and traffic analysis for any future additions to verify traffic from the school will not detrimentally impact the operation of the surrounding industrial uses. Applicable Regulations Zone Change In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time, and relevant provisions, if any, in the land use plan. The current middle and high schoolparcels are zoned BP (Business Park). The outlot west of the high school parcel, a portion of which is included in the proposed plat of Elk River SBC Addition is zoned I-1 (Light Industrial). The requested rezoning includes the existing middle school parcel and the proposed high school parcel. The rezoning to PUD must occur after approval of the Elk River SBC Addition plat. The proposed uses on these parcels would not change, but the request supports expansion of existing uses on the same sites they currently have approval to operate. The student count will not change, and the overall impact to the surrounding parcels will be minimal. Conditional Use Permit/PUD City ordinances outline the process for reviewing a proposed PUDproject and include a series of standards that the proposal should be evaluated against. Sec 30-1564 outlines thesestandards as follows: 1. Land will be zoned into the PUD zoning district only upon approval of a concept plan for the PUD, pursuant to the procedure set forth in this section. A PUD will be authorized on land in a PUD zoning district only upon issuance of a conditional use permit, pursuant to the procedure set forth in this section. The applicant has submitted PUD concept plansas part of their application package. The plansincludea variety of building and site improvements to support the existing educational use, including an approximately 36,000 SF field house and a 13,000 SF classroom addition to the middle school building, remodeling of the existing high school gymnasium, a recreation field and parking expansion west of the high school, and a maintenance and storage garage. 2. The uses allowed in a PUD shall be limited to land uses consistent with the city's comprehensive plan and land use map, and to those uses identified in the concept plan for the PUD zoning district and the conditional use permit for the PUD. The Comprehensive Plan guides the existing middle school parcel (75-00659-0210) and high school parcel (75-00659-0115) for public/semi-public uses. This land use category supports educational uses, and all uses within the district support an existing educational use. 3. The area of land to be included in a PUD shall be in uniform control of the applicant. The applicant owns all of the parcels included within the requested PUD district. 4. A PUD shall be designed to form a desirable unified environment within its proposed boundaries, including uniform design elements, landscaping, lighting and signage. Proposed improvements within the district will support the existing educational uses on the parcels. Building additions within the district will be required to follow the Business Park design standards to ensure uniformity with the existing buildings that have been designed under those standards as well as consistency with the surrounding industrial uses. 5. A PUD shall not cause undesirable impacts on adjacent lands and land uses. In particular, uses on the PUD perimeter shall be compatible with adjacent uses outside the PUD. Spectrum has operated on both parcels since their last approval in 2017. The PUD would permit expansion of the buildings but would not substantially change the characteristics of the use. The operation of the school has generally been compatible with adjacent land uses. The proposed uses are compatible with adjacent uses outside of the PUD. 6. A PUD shall be served by adequate transportation, water, sanitary sewer and drainage systems. The project area will be served by public services and detailed plans will be reviewed with each phase of the project. The PUD agreement will require all future improvements to receive administrative site plan and building permit approval to ensure state and local standards are met. 7. A PUD shall not adversely affect existing or proposed parks, schools, streets or other public facilities. The PUD will support an existing school operation and allow the school to better support their students. The use has existed on these sites for several years, and the PUD will not adversely affect existing or proposed public facilities. 8. The council may establish varied and reasonable lot area, frontage, side yard, and setback requirements for a PUD and may authorize a density which it determines to be appropriate under the circumstances. Any permitted density shall be consistent with the city's comprehensive plan and not adversely affect the public health, safety and welfare. Approval of a PUD agreement, outlining the performance standards and approval process for the current project and future development within the concept plan, is included as a condition of approval. The review and approval of that agreement will take placeduring a s ubsequent C ity C ouncil meeting. 9. More than one principal building may be constructed on a lot within a PUD if authorized by the council. Unless otherwise permitted by the council, a PUD shall comply with the schedules of dimensional regulations set forth in this article, except that individual lots shall have no less than 80 percent of the minimum area for similar uses. The project does not conflict with standards described in city code. Financial Impact None Mission/Policy/Goal Meet changing needs - Agile Support the educational goals of the community Ethical, efficient, and responsible Attachments Location Map Applicant’s Narrative Site Plans ZONING CHANGE APPLICATION Description of Project Narrative Type written narrative explaining your request in detail should include, but not limited to, all the following applicable information: Detailed description/scope of project. What is being proposed? Project proposed includes an addition ofan approx. 36,000 s.f. fieldhousefirst floor (plusapprox.24,000 s.f. second floor)and remodeling oftheexisting 9,585 s.f. high school gymnasiuminto an auditorium/performing arts center. What are the reasons/purposes for the proposed Zone Change? thth Spectrum High School received their last approvalin 2017authorizing the operation of the 7/8grade center, an educational use in a Business Park district. Shortly after, the City Council adopted an ordinance amendment removing institutional uses education- from Business Park Districts. This change caused reclassification of Spectrum High schools education use - Business Park district,while allowing the school tocontinue operating in the same capacityfor which it had been approved in its current locations.Changing only Spectrum High Schools parcels to a PUD avoids having to restore education use in a Business park. The purpose is to more closely align the zoning of the multiple properties to the approved and current use of the propertiesfor educational use. This will allow current and future projects to be completed within the accepted zoning use instead of the current industrial park. What has changed to warrant the Zone Change? How is the request consistent with City of Elk River Comprehensive Plan? The zoning change allows currentand future projects to be completed within the accepted zoning use instead of the ordinance controlling use within the current industrial park. The zoning changeallows the City of Elk River Planning Department and City Council tocontinue its intent to disallow educational use within the business park (non-PUD sites) while also working with Spectrum High School to fulfill the intended goal numbers on property already owned by the school/building company. How compatible is it with surrounding properties? Spectrum High School has existedat this location since 2011. They have expanded at two adjacent ththth sites; the 6grade center in2014 and the 7and 8Grade in 2018. The school has done everything withintheir control to reduce any neighborhood concerns such as traffic, bus routes, drop off and pick up procedures,and parking lot expansion. These measures have greatly reduced impact on other business functions.Spectrum reports positive relationships with neighboring businesses. What are the benefits to the City? Rezoning Spectrumpropertiesfrom the current Industrial Park to a PUD takes away the precedent allowing educational usein an industrial park. The city limits the growth of the school(currently located in the business park) to these PUD properties and is able toanticipate future expectations. Page 2of 5 CONDITIONAL USE PERMIT APPLICATION Application Requirements Each of following applicable requirements (unless waived by staff) shall be submitted: Application Fee Full legal description of the subject property in an editable Word format See attached narrative A typewritten narrative (see Description of Project Narrative) See attached narrative Site, Utility, Grading/Drainage Plan At time of design and permittingthese willbe addressed. Landscape Plan completed by registered landscape architect At time of design and permittingthese willbe addressed. Drainage Calculations o Thegrading/drainage plan must be reflective of the final plan, including any revisions required by the Technical Evaluation Panel, if appropriate. At time of design and permittingthese willbe addressed. Building Elevations, including one (1) color rendering o For townhome projects, calculations of material by elevation must be included. Provided for only current proposed building addition. Floor Plans Provided for only current proposed building addition. Wetland Delineation (if wetlands are present) Does not apply Wetland Mitigation Plan (if wetlands are impacted) o The wetland delineation and mitigation must be reviewed by the Technical Evaluation Panel and revisions made prior to review by the Planning Commission. Does not apply EAW/EIS Requirements o The EAW/EIS process must be in concert with any application process. The Planning Commission must comment on an EAW/EIS along with an application. At time of design and permitting, these willbe addressed. Page 3of 5 Description of Project Narrative Detailed description/scope of project. What is being proposed? Project proposed includes an addition ofan approx. 36,000 s.f. fieldhousefirst floor (plusapprox.24,000 s.f. second floor)and remodeling oftheexisting 9,585 s.f. high school gymnasiuminto an auditorium/performing arts center. How is the request consistent with City of Elk River Comprehensive Plan? The zoning change allows current and future projects to be completed within the accepted zoning use instead of the ordinance controlling use within the current industrial park. The zoning change allows the City of Elk River Planning Department and City Council to continue theintent to disallow educational use within the business park (non-PUD sites) while also working with Spectrum High School to fulfill the intended goal numbers on property already owned by the school/building company. Hours of Operation 7:00a.m.-3:30p.m. Number of EmployeesStaff -103 full-time and 90part-time Students approximately 1,000 at full capacity Number of parking stalls High School -Existing: 264 Sixth Grade (condominium) Existing:65 7/8 Grade Center Existing: 57 Donated property -Physical education field (future) 100-113 parking potential Is there proposed screening of the site? No Proposed building materials How do they comply with applicable design standards? Materials to be matching Precast Panels to existing building(s) Materials comply with applicable design standards and are the most compatible with the existing building architecture being added onto. Design and construction is consistent with other building in the immediate area. Signage (at time of installation, a separate permit is required for each sign) How many? Unknown at this time. A separate design and permit process will be followed if signage added. Proposed sizes? Unknown at this time. A separate design and permit process will be followed if signage added. Locations? Unknown at this time. A separate design and permit process will be followed if signage added What type? Unknown at this time. A separate design and permit process will be followed if signage added. Is there outdoor storage? What is being stored? Outdoor trash and storage exists from prior projects.No change is proposed no change in use or population? Page 4of 5 The future High School addition includes maintenance storage and garage to be located in the current trash area. Space would be provided in the layout of the storage addition to accommodate trash. A separate design and permit process will be followed if this future addition occurs. How much? Existingmeets schools needs and current city requirementsno changes proposed. Proposed screening? Existingmeets current city requirementsno changes proposed. Page 5of 5 Strikethroughs to be removed Underlines to be added Ordinance 24 - ____ An Ordinance Amending the Zoning Map of the City of Elk River, Minnesota, Rezoning Certain Property from Light Industrial (I-1) and Business Park (BP) to Planned Unit Development (PUD) The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described in Exhibit A to Planned Unit Development (PUD). SECTION 2. That the rezoning approved by this Ordinance is based on the following findings: 1. The rezoning is consistent with the City of Elk River Land Use Plan adopted, and updated, as part of the City of Elk River Comprehensive Plan. SECTION 3. That this ordinance shall take effect upon satisfaction of the conditions noted in Exhibit B and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 4th day of March, 2024. ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Tina Allard, City Clerk Last Updated January 2023 Strikethroughs to be removed Underlines to be added Exhibit A Lot 2, Block 2, Elk River Business Park, Sherburne County, Minnesota AND Lot 1, Block 1, Elk River SBC Addition, Sherburne County, Minnesota Last Updated January 2023 Strikethroughs to be removed Underlines to be added Exhibit B 1. City Council approval of the preliminary and final plat of Elk River SBC Addition. 2. The plat must be recorded prior to recording the ordinance amending the zoning to PUD. 3. A PUD agreement shall be approved by the City Council prior to recording the Zone Change. Last Updated January 2023 CITY OF ELK RIVER SHERBURNE COUNTY CONDITIONAL USE PERMIT Case No. CU 23-24 Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a Conditional Use Permit (“Permit”) requested by Spectrum High School for the following use: Conditional Use Permit for a Planned Unit Development at 17796 Industrial Circle NW, Elk River Property. The Permit is for the following described property (“Subject Property”) in the City of Elk River, Sherburne County, Minnesota: Lot 2, Block 2, Elk River Business Park, Sherburne County, Minnesota AND Lot 1, Block 1, Elk River SBC Addition, Sherburne County, Minnesota Owner. Owner of the Subject Property at time of the approval of the Permit: Spectrum Building Company, owner Conditions. The Permit is issued with the following conditions to satisfy the standards set forth in Section 30-654: 1. Capacity of the school, combination of all three facilities (17796 Industrial Circle, 11044 Industrial Circle, and 17823 Industrial Circle) within the industrial park, shall not exceed 1,000 students. 2. No school-related parking shall be permitted on the adjacent public street. 3. Due to the industrial nature of the neighborhood, the school recognizes that noise, odors, truck traffic, and other undesirable effects may be present. 4. The City Council shall approve a PUD agreement prior to releasing any building permits within the district. 5. The city may require parking and traffic analysis for any future improvements within the district to ensure compatibility with surrounding uses. 6. Building design, materials, and setbacks must match the requirements of the Business Park district. Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for the herein are complied with. The City may revoke the Permit following a public hearing for violation of the terms and/or conditions set forth in the Permit. Lapse. If within two (2) years of the issuance of the Permit the proposed work described in a conditional use permit has not been substantially completed, the permit shall expire and become void, except that the council may, following recommendation of the planning commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A conditional use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than six (6) months. Criminal Penalty. Both the owner and any occupant of the Subject Property are responsible for compliance with the permit. Violation of the terms of the Permit is a criminal misdemeanor. Recording. The Permit shall be recorded against the title to Subject Property. Dated: __________, 2024. CITY OF ELK RIVER By: ___________________________________ Mayor John J. Dietz By: ___________________________________ City Clerk Tina Allard STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this ___ day of _________, 2024, by John J. Dietz and Tina Allard, respectively, the Mayor and City Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. ____________________________________ Notary Public DRAFTED BY: City of Elk River 13065 Orono Parkway NW Elk River, MN 55330 Phone: 763-635-1032