7.5 SR 05-20-2024City of
Elk -
River
To
City Council
Meeting Date
May 20, 2024
Item Description
Ordinance 24-13 Amendment: PUD for Spectrum
Schools
Request for Action
Item Number
7.5
Prepared By
Zack Carlton, Community Development Director
Reviewed by:
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, an ordinance establishing the PUD district and standards for Spectrum Schools
Background/Discussion
On March 4, 2024, the Elk River City Council approved a zone change and CUP authorizing the establishment
of a Planned Unit Development (PUD) for Spectrum Schools. The city code now states that PUDs should be
established through an ordinance rather than through the CUP process. This change was made to improve
the availability of PUD information for property owners or developers working within the PUD, and to ease
future amendments to the PUD district.
While this PUD development was approved under the previous guidance, requiring a PUD agreement rather
than an ordinance, staff initiated the ordinance amendment process to codify the PUD standards in alignment
with the current process. As development of the site has not yet begun, the transition to an ordinance puts
the project in a better long-term position for developers and landowners as they seek to build out their
school uses.
The proposed PUD ordinance incorporates the plans and development standards discussed during the
Planning Commission and City Council meetings, including the conditions of approval from the City Council.
The City Council packet is also attached for reference.
Planning Commission
The Planning Commission held a public hearing for this ordinance amendment on April 23, 2024. No one
spoke during the hearing and comments for or against the proposal have not been received.
The Commission did not have any questions and unanimously recommended approval.
Financial Impact
None
The Elk River Vision
A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 A T
engagement that encourages and inspires prosperity JNM 430
Mission/Policy/Goal
Supports the growth and development of the business community.
Agile, adapting to the changing needs of the community.
Attachments
I. City Council Packet dated 3-4-2024
2. Ordinance Document - Spectrum Schools
3. 7.5 Spectrum PUD Presentation
Page 241 of 430
Request for Action
ver
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 Leeseber , Senior Planner
Reviewed by
17796 & 17823 Industrial Cir NW
■ 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 eR33-
to recording the Zone Change. 1
Approve, by motion, the Conditional Use Permit establishing a PUD,Y
�_RR
1
with the following conditions to satisfy the standards set forth in
Section 30-654:
1. Capacity of the school, combination of all three facilities
-
tR 12_,__
(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
�69
recognizes that noise, odors, truck traffic, and other
undesirable effects may be present.
4. The City Council shall approve a PUD agreement prior to
Figure I - -
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 avelcoming community n ith revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and insires prosperity.
rPI1EIEI AY
NAiUREE
Updated.• January 2023
Page 242 of 430
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
of additional facilities on the current middle and high school properties. The 61h 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 Planning 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
Page 243 of 430
Request for Action
ver
To
Item Number
Planning Commission
5.2
Agenda Section
Meeting Date
Prepared by
Public Hearings
February 27, 2024
Zack Carlton, Community Development Director
Item Description
Reviewed by
Spectrum High School, 17796 Industrial Blvd. NW
Chris Leeseber , Senior Planner
Reviewed by
■ Zone Change from I-1 and BP to PUD, Case No.
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. U
CR 33
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
RR
standards set forth in Section 30-654:
,•_. Fib Ip ,r; .�._`�.
1. Capacity of the school, combination of all three facilities
- ;
.. CR 12
(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.
y
3. Due to the industrial nature of the neighborhood, the school
%
recognizes that noise, odors, truck traffic, and other
469
undesirable effects may be present.;
4. The City Council shall approve a PUD agreement prior to
Figure I -
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 rNATUREJ
I 1 E I E I s r
A avelcoming community With revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and ins prosperity. Updated. January 2023
Page 244 of 430
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 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
of additional facilities on the current middle and high school properties. The 61h 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 school parcels are zoned BP (Business Park). The oudot 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 PUD project and include a series of standards that
the proposal should be evaluated against. Sec 30-1564 outlines these standards as follows:
Page 245 of 430
Land will be -oned into the PUD -oning district only upon approval of a concept plan for the PUD, pursuant to the
procedure set forth in this section. A PUD will be author',-ed on land in a PUD -oning district only upon issuance of a
conditional use permit, pursuant to the procedure set forth in this section.
The applicant has submitted PUD concept plans as part of their application package. The plans include a
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 Toning 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 unifeed 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 transortation, water, sanitary sewer and drainage ystems.
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
authori,-e a density which it determines to be appropriate under the circumstances. Any permitted density shall be consistent
with the do'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 place during a subsequent City Council meeting.
Page 246 of 430
9. More than one principal building may be constructed on a lot within a PUD if authorised 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
Page 247 of 430
r
L IDS
1 ' r•
-
4 ^ �
0. r
Spectrum High School
Zone Change & Conditional Use Permit
Case No: ZC 23-08
CU 23-24 Elk
PageRivu,30
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 of an approx. 36,000 s.f. fieldhouse first floor (plus approx. 24,000
s.f. second floor) and remodeling of the existing 9,585 s.f. high school gymnasium into an
auditorium/performing arts center.
• What are the reasons/purposes for the proposed Zone Change?
Spectrum High School received their last approval in 2017 authorizing the operation of the 7'/8' grade
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 school's education use
to a "legal non -conforming use". This restricted Spectrum High School from further expansion into the
Business Park district, while allowing the school to continue operating in the same capacity for which it had
been approved in its current locations. Changing only Spectrum High School's 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 properties for 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 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 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 existed at this location since 2011. They have expanded at two adjacent
sites; the 6t' grade center in 2014 and the 7t' and 8t' Grade in 2018. The school has done everything
within their 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 Spectrum properties from the current Industrial Park to a PUD takes away the precedent
allowing educational use in an industrial park. The city limits the growth of the school (currently
located in the business park) to these PUD properties and is able to anticipate future expectations.
Page 2 of 5
Page 249 of 430
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 permitting these will be addressed.
❑Landscape Plan completed by registered landscape architect
• At time of design and permitting these will be addressed.
❑Drainage Calculations o The grading/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 permitting these will be 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 will be addressed.
Page 3 of 5
Page 250 of 430
Description of Project Narrative
❑ Detailed description/scope of project.
❑ What is being proposed?
Project proposed includes an addition of an approx. 36,000 s.f. fieldhouse first floor (plus approx. 24,000
s.f. second floor) and remodeling of the existing 9,585 s.f. high school gymnasium into 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 the 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.
❑Hours of Operation 7:00 a.m.- 3:30 p.m.
❑Number of Employees Staff - 103 full-time and 90 part-time
Students — approximately 1,000 at full capacity
❑Number ofparking 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 4 of 5
Page 251 of 430
• 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.
CHow much?
Existing meets schools needs and current city requirements— no changes proposed.
❑Proposed screening?
Existing meets current city requirements— no changes proposed.
Page 5 of 5
Page 252 of 430
w�
U Z
w O
❑ r
Q a
� O
O
2 K
r O
m p
❑ LL
Z
Q y
2 �
N�H I A2.0
SECOND FLOOR
rvx .11az -ro
z
U
O
Q
K K
OO
20
❑❑
Z Z
QO
rw
r rn
N�H I A2.1
�T
o
t
CD
CD
7i-v7777
--
ir
— — — — — — — — — — — — — ii
SECOND FLOO
rux_II
L
e
#� r
_ �
L1 LI1 L1
l
I
L`
I
I�
O
O
L ,��
rVIA
a-1
mo
Y9
-
U
O
= o
Lm
zm
m3
m u�
�.U�
m
UJ
CO
� �
r' 9Trr
a�
Y v�
IT,RA� SToaA�
eooTH T,
K
22
Q1
O O
O LL
2 �
N Z
2 0
� w
OVERALL 31TE FLAN �
�� fux V's'•ra NORTH
2 rn
AZ
...... ....... .
--------- ----- ---------------- ------- -------
1101%?�!-DNO ELEVATION
ecue
(NORTH .!tILDING ELEVATION
I
LD
SPECTRUM
FIELD
HOUSE
El'lo
E
T
FTI
Lu
M 871JB�LDINQ ELEVATION\L
N"M QNRoTE
... ...... .
Prewr P.x« ��
-
—
-
rg
OVERALL SITE PLAN
f �874Em
.aEb=a
u g6 i — — — — — — —,�A
EXISnNG xBUILDING k
m
ED
1 � 1H I H $`0
sE ��
9 G �NU�o
BI.*CH
ENGINEERING
E��c e�E.�....,.o.
z
C2
BGCH
OVERALL SITE PLAN
eve"�
��
60EASEMENT
-
8774
�'wawe
1 SOCCER
FIELD
soccEa
z
O
�
O
O
I
J
aw
�
w
a
b
#
�ow
\
A E PARKING I
ai 13 SHOWN
EXISTIN BUILDING 'N"
d cp
Z
O
TOP
ICI
�
ra� J Y
.xSevee-" .
z
0 "R, ri
—
o0
\ 2
C2
o o
c'Oss csOss
34 35 34 35
3 3
P P
w w
z z
Q Q
N N
Exist n ,Tgth AVE °° ,Tgth AVE
0) 0)
° INDUSTRIAL CIA w o TRIAL
YA, PP
pAR
BUSIN DUS'
PUD
\ C 6
1 of 430
Sfi=i4e- s to be removed
-o
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 (1-1) 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 JanuamT 2023
P,WE8E'0 R8Ei
A
Page 262 of 430
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
P0WEREU 8Y
Last Updated January 2023 [IN'Af'UR
Page 263 of 430
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
P0WEREU 8Y
i 'm WR
Page 264 of 430
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.
Page 265 of 430
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: 12024.
CITY OF ELK RIVER
0
By:
Mayor John J. Dietz
City Clerk Tina Allard
Page 266 of 430
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
Page 267 of 430
City of
Elk
River
Ordinance 24 -
Sfr4kefkfaug4s to be removed
Underlines to be added
An Ordinance Amending Chapter, 30, Division 9, Other Nonoverlay Districts, of
the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That Chapter 30, Division 9, Other Nonoverlay Districts, of the City of Elk River
Code of Ordinances shall be amended to add the following Section:
Section 30-1601. — Spectrum Schools PUD
(a) Legal Description. The following described property located within the City of Elk River,
Sherburne County, Minnesota is hereby zoned PUD, Planned Unit Development:
Lot 2, Block 2, ELK RIVER BUSINESS PARK, Sherburne County, Minnesota
Lot 1, Block 1, ELK RIVER SBC ADDITION, Sherburne County, Minnesota
(b) PUD Development Standards. The property shall be subject to the following standards.
(1) Uses
a. Permitted Uses
1. Educational Institutions
b. Accessory Uses
1. Parking lots
2. Structures, accessory.
3. Towers , ess than 60 feet in height
4. Signs consistent with the Business Park zoning district.
5. Private recreational facilities subordinate to the principal use.
(2) Lot Size
a. Lot sizes shall be consistent with the Business Park zoning district.
(3) Setbacks
a. All building setbacks shall be consistent with the Business Park zoning district.
b. All other setbacks shall be consistent with the relevant section of the city code.
Last Updated January 2023
pawIRID ar
AWRE
Page 268 of 430
to be removed
Underlines to be added
(4) Additional Design Standards:
a. All development shall be consistent with the Business Park zoning district design
standards.
(5) Any reduirement not specifically described within this section shall remain consistent
with the City of Elk River Code of Ordinances.
(c) Development Plans. The PUD shall be developed in accordance with the following plans, as
amended from time to time, on file at city hall.
Plan A — Site plans included reviewed by the Elk River City Council and included in their
packet on March 4, 2023, and subject to all conditions of approval.
SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 20th day of May, 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Last Updated January 2023
PVUfEHEU 9Y
NA URE
Page 269 of 430
Spectrum Schools PUD
Ordinance
Page 270 of 430
Spectrum Case No; P 23-14
P 2 3 - 15 ��ry°f _
Prelim/Final Plat & Easement Vacation EV 24-01 PaER -
Background
■ Establish an ordinance to regulate the Spectrum
Schools PUD
■ Council approved establishment of the PUD district on
March 4, 2024
■ Under old process (CUP vs OA)
■ Proposal would codify under ordinance rather than PUD
agreement.
■ Same standards as Council approved PUD/CUP
■ Educational use and supporting accessory uses
■ Design standards consistent with BP standards
enay with pl-ab�presented to City Council
Page 272 of
Planning Commission
■ PC held the public hearing on April 23
■ No one spoke for or against
■ PC unanimously recommended approval
Page 273 of 430
Action Requested
■ Adopt, by motion, the ordinance amendment as
proposed.
Page 274 of 430