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7.2 SR 06-16-2025The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 7.2 Meeting Date June 16, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Conditional Use Permit: Commercial Recreational Facility, Pickle Paradise, 550 Freeport Ave. NW Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Approve, by motion, the Conditional Use Permit as the standards set forth in Section 30-654 have been met. Background/Discussion The 5.69-acre parcel is zoned Mixed Use – Elk River Plaza (MU-ERP) where commercial recreational facilities require a Conditional Use Permit (CUP) to operate. The applicant has requested approval of a CUP to allow construction of an indoor pickleball club within 21,750 sq.ft. of the existing 40,000 sq.ft. structure at 570 Freeport Ave. Pickle Paradise will feature seven indoor pickleball courts, a small pro shop, a snack bar, lounge, elevated mezzanine viewing area, and a flexible-use event space. The applicant anticipates approximately 700–900 visitors per week, with hours of operation from 6 a.m. to 10 p.m., seven days a week, and limited closures on major holidays. The facility will typically be staffed by 2–3 employees during regular hours and up to six during peak periods and events. Planning Commission During the public hearing, no one spoke for or against the request and staff have not received any comments since the Commission meeting. The Planning Commission had no questions or concerns about the request and unanimously recommended approval. Financial Impact None Mission/Policy/Goal Meet changing needs - agile Support the growth and development of the community Page 463 of 637 Attachments 1. Planning Commission Memo dated 5-27-2025 2. CU 25-04 Recording Document 3. 7.2 Pickle Paradise Page 464 of 637 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 4.2 Meeting Date May 27, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Conditional Use Permit: Commercial Recreational Facility, Pickle Paradise, 550 Freeport Ave. NW Reviewed by Zack Carlton Action Requested Recommend, by motion, approval of the Conditional Use Permit as the standards set forth in Section 30-654 have been met. Background/Discussion The 5.69 acre parcel is zoned Mixed Use – Elk River Plaza (MU-ERP) where commercial recreational facilities require a Conditional Use Permit (CUP) to operate. The applicant has requested approval of a CUP to allow construction of an indoor pickleball club within 21,750 sq.ft. of the existing 40,000 sq.ft. structure at 570 Freeport Ave. Pickle Paradise will feature seven indoor pickleball courts, a small pro shop, a snack bar, lounge, elevated mezzanine viewing area, and a flexible-use event space. The applicant anticipates approximately 700-900 visitors per week, with hours of operation from 6 a.m. to 10 p.m., seven days a week, with limited closures on major holidays. The facility will typically be staffed by 2-3 employees during regular hours and up to 6 during peak periods and events. Applicable Regulations 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. Commercial Recreational Facilities are allowed with a CUP in the subject property zoning district and because the use is entirely contained within a building and there is ample parking, 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. Page 465 of 637 The property is guided for Highway Business uses. 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 is 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 area is fully developed and, as there are no vacant lots, the proposed use will not affect the development of the surrounding area. Staff do 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 use 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 subject parcel and the adjacent parcel previously operated as a movie theater complex, which generated significantly more traffic and patron activity than the proposed use is expected to. With seven courts and four players per court, approximately 28 vehicles will be on-site during play, with an additional 28 vehicles likely waiting for the next time slot. Therefore, an estimated 56 vehicles per hour may be present on the site. 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 activities and equipment associated with a commercial recreational facility should not detrimentally affect nearby properties. The 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 do 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. There are no natural, scenic or historic features of major importance on the subject parcel. 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 Page 466 of 637 standards for the issuance of a license or permit to establish and operate the proposed use in the city. All applicable commercial building, plumbing, mechanical, and electrical permits shall be obtained from the city and state. 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. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. Financial Impact None Mission/Policy/Goal Meet changing needs - agile. Attachments 1. Location Map 2. Applicant's Narrative 3. Site Survey 4. Floor Plan Page 467 of 637 Page 468 of 637 CU 25-04 Narrative This application is for a Conditional Use Permit (CUP) for “Pickle Paradise,” an indoor pickleball club in Elk River, MN. We are planning to lease 21,750 square feet of space at 570 Freeport Ave NW, Elk River, MN 55330, the former Marcus Cinema building, from Price Homes (owner: Adam Price). The property is zoned “mixed-use” and is well-suited for adaptive reuse as an indoor commercial recreational facility. Pickle Paradise will feature seven indoor pickleball courts, a small pro shop, a snack bar, lounge, elevated mezzanine viewing area (public or private event space), and a flexible-use event space. Our goal is to provide a welcoming, active space for all ages and skill levels, while contributing positively to the character and economic vitality of the surrounding community. With the growing popularity of pickleball and Minnesota’s long winters, this facility addresses a year- round need for indoor recreational opportunities. We anticipate approximately 700-900 visitors per week, with those visitors spread out across the hours of operation. Pickle Paradise will operate from 6 AM to 10 PM, seven days a week, with limited closures on major holidays. The facility will typically be staffed by 2–3 employees during regular hours and up to 6 during peak periods and events. The site offers ample parking and existing infrastructure that can comfortably support our projected traffic. We expect staggered traffic flow with minimal congestion due to the nature of the sport (typically only 4 players per court, per hour), court reservation and management systems, and event scheduling. All activities are indoors, minimizing any external noise or disruption to neighboring businesses or residential areas. The building will be ADA compliant and outfitted with appropriate life-safety measures including emergency exits, security cameras, and clear signage, in coordination with the building owner, Price Homes.. Any exterior lighting or signage will meet Elk River’s ordinances and maintain neighborhood compatibility. Pickle Paradise will bring health, wellness, and benefits to the community, offering programs for leagues, youth, seniors, and private groups.. We look forward to creating a positive and active destination that contributes to the commerce and vitality of Elk River. Page 469 of 637 Page 470 of 637 Page 471 of 637 CITY OF ELK RIVER SHERBURNE COUNTY CONDITIONAL USE PERMIT Case No. CU 25-04 Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a Conditional Use Permit (“Permit”) requested by Julie Russo representing Pickle Paradise LLC, for the following use: Conditional Use Permit to operate an Indoor Commercial Recreational Facility at 550 Freeport Avenue NW Property. The Permit is for the following described property (“Subject Property”) in the City of Elk River, Sherburne County, Minnesota: Lot 2, Block 1, Elk River Plaza Second Addition, Sherburne County, Minnesota Owner. Owner of the Subject Property at time of the approval of the Permit: Price Freeport Elk River LLC, owner Conditions. None. 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. Page 472 of 637 Recording. The Permit shall be recorded against the title to Subject Property. Dated: June 16, 2025 CITY OF ELK RIVER By: ___________________________________ Mayor By: ___________________________________ City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this ____ day of ______________, 2025, 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. ____________________________________ DRAFTED BY: Notary Public City of Elk River 13065 Orono Parkway Elk River, MN 55330 763-635-1032 Page 473 of 637 Pickle ParadiseConditional Use Permit Page 474 of 637 Page 475 of 637 Background §Indoor pickleball club §Small pro shop §Flexible-use event space §~22,000 sq.ft of the existing 40,000 sq.ft. structure §700-900 visitors per week §Ample parking Page 476 of 637 Page 477 of 637 Page 478 of 637 Planning Commission §PH - No one spoke for or against the request §Staff have not received any comments since PC §PC had no questions or concerns §Unanimously recommended approval Page 479 of 637 Action Requested §Approve, by motion, the CUP as the standards set forth in Section 30-654 have been met Page 480 of 637 Page 481 of 637 Page 482 of 637