6.4. SR 06-19-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Communi Develo ment une 19, 2006
Item Description
Conditional Use Permit to Allow a School at the Boys & Girls
Club Requested by Spectrum High School, Public Hearing-Case
No. CU 06-15
Item Number
6.4.
Prepared by
Chris Leeseber , Park Planner
Reviewed by
Jeremy Barnhart, Planning Manager
Introduction
The applicant is requesting a Conditional Use Permit to operate a High School at the Boys and Girls Club
of Elk River for a period of 2-3 years.
The applicant agreed to an Interim Use until July 15, 2010.
Attachments
City Council Memo
Action Requested
Staff and the Planning Commission are recommending approval of the request as an Interim Use with
conditions.
Council Action
Motion by _
Second by _
Vote
Follow Up
S:\pLANNING\Case Files\2006\CUP\CU 06-15 Spectrum High School\Request Council Action.doc
Item #------!.
MEMORANDUM
TO: Mayor and City Council
Chris Leeseberg, Park Planner ~
DATE: June 19,2006
FROM:
SUBJECT: Case No. CU 06-15
Request by: Spectrum High School to Operate a High School at
the Boys and Girls Club
Location: 906 6th Street - Boys and Girls Club
Zoning:
Adjacent
Zoning:
Parking
Req'd :
Conforms:
PUD - Office District
Land Use:
Adjacent
Land Use:
N-OT
E-OT
S-OT
W-OT
OT - Old Town
N - PUD
E - C2 - Office District
S - 12 - Medium Industrial
W-PUD
Required: 40 stalls - see memo
Proposed: 40 stalls
Land Use Plan - Yes
Zoning Code - Yes
Subdivision Code - Yes
60 Day Rule: Action must be taken on this request by June 23, 2006
Recommendation
Staff and the Planning Commission are recommending the City Council approve the request
as an Interim Use Permit with conditions.
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
Case File: CU 06-15
Page 2
Attachments
. Cover Sheet
. Location Map
. Applicant's Narrative
. Aerial Image
. Site Images
. Site Plan
. Floor Plan
Overview
The applicant is requesting a Conditional Use Permit to operate a High School at the Boys
and Girls Club of Elk River. Spectrum High School is an approved charter high school and
is proposing to open in the fall of 2006. They would like to open with 60-80 students in the
9th & 10th grades.
The Spectrum School Board anticipates continuing this arrangement with the Boys and Girls
Club for two years certain and possibly a third year. During the second year of operation
they propose to serve up to 120 students in the 9th-11 th grades. The long-term goal of the
Spectrum School Board is to lease a permanent facility.
Spectrum High School will operate as a public school under Minnesota Charter school law
and will have an open enrollment policy and will not charge tuition.
The Boys and Girls Club of Elk River will continue to occupy and will share the facility with
the high school during non-school hours.
Analysis
They propose to set up administrative offices, four classrooms and also use the gym and
game-room space during the school day. Some or all of these spaces will be shared by the
Boys and Girls Club during non-school hours. The kitchen space will only be used to serve
catered lunches and will not be used to prepare food on site. The applicant shall contact the
City of Elk River Building Division to verify that the kitchen meets all applicable building
codes. .
The school will be staffed on school days between the hours of 7:45 am and 5:00 p.m. The
school day will most likely occur between the hours of 8:00 am and 3:00 pm.
The exact hours of the school day are dependent on bus schedules which will not be
assigned until this summer. They applicant has requested that the Elk River School District
#728 provide transportation as provided for under charter school law.
Staffing of the facility will include two administrative staff, six teaching staff and up to four
paraprofessionals and/or part time classroom aids.
S:\pLANNING\Case Files\2006\CUP\CU 06-15 Spectrum High School\CU 06-15_CC.doc
Case File: CU 06-15
Page 3
Parking and Circulation
The parking requirements for the High School would be 40 stalls. The current parking lot
includes 40 marked spaces, three of which are handicapped spaces. The parking meets the
ordinance requirements for the High School in itself, but does not take into account the
Boys and Girls Club. It is the understanding that the two functions will not operate at the
same time, or with limited overlap. With this arrangement, the shared parking would be
adequate for each facility independendy. The site plan does indicate a future parking area
(proof of parking) and if parking becomes a problem, this area could be constructed into
further parking. Parking shall not be allowed on the entrance drive (6th Street) or on Jackson
Avenue. If either of these areas becomes a policing issue, the parking lot would be required
to be enlarged, as indicated on the site plan.
There is adequate space for a clear bus lane for loading and unloading students which the
Boys and Girls Club already provides.
Signage
Spectrum High School is working with the Boys and Girls Club to design signage that
coordinates with the current signage. Two signs are being proposed, one wall sign on the
east facade that is approximately 3' x 7' in size and a second freestanding sign along the 6th
Street/Jackson intersection which is approximately 3' x 4'.
With the PUD zoning, there are no measurable requirements for the number of signs or
allowed square footages. Staff would recommend that the signage be looked at as an
institutional use in a residential district, which allows one wall sign and one freestanding sign
not to exceed 96 sqft in total combined area.
The current freestanding sign is located at the intersection of 6th Street and Jackson Avenue
on property which is not the property in which the Boys and Girls Club is located. Off-
premise signs are not allowed by City Ordinance.
S:\PLANNING\Case Files\2006\CUP\CU 06-15 Spectrum High School\CU 06-15_CC.doc
Case File: CU 06-15
Page 4
Criteria for Issuance of an Interim Use Permit
In determining whether to authorize an interim use, the planning commission and city
council shall consider the following criteria:
1) The period of time for which the interim use permit is to be granted will terminate
before any adverse impacts are felt upon adjacent properties.
2) There is adequate assurance that the property will be left in suitable condition after
the use is terminated.
3) The use is similar to uses deftned in the zoning district in which the property is
located.
4) The date or event that will terminate the use can be identifted with certainty.
5) Authorizing the use will not impose additional costs on the public if it is necessary
for the public to take the property in the future.
6) The applicant and user agree to all conditions that the city council deems appropriate
for authorization of the interim use.
7) The applicant provides assurances deemed adequate by the city council that the use
will terminate as provided in the interim use permit. The city council may require the
applicant to deposit a cash amount with the city, or provide some other form of
security, to ensure compliance with this criteria.
The city council must determine that the authorization of the interim use will not result in
adverse effects on the public health, safety, or welfare.
PlanninK Commission Actions
Other than the applicant, no one spoke at the public hearing. The majority of the discussion
focused around the duration the applicant was proposing to be at the facility. The applicant
stated they would occupy the Boys and Girls Club for two years and possibly a third year
depending on the construction of their new permanent facility. The Planning Commission
questioned if they would be in favor of an Interim Use Permit, which is a CUP with an
expiration. The applicant agreed with the request being approved as an interim use.
The other issue discussed was the freestanding sign located at the intersection of 6th and
Jackson. The ordinance prohibits off-premise signs. This sign is not located on the property
in which the Boys and Girls Club is located and staff made a recommendation that the sign
needs to be moved to comply with the ordinance. The Planning commission wanted staff to
investigate a way in which the sign could remain in the present location. The City council
has in the past approved signs in similar situations as an "Area or Neighborhood
Identiftcation" sign. If this sign location is approved, staff would make the recommendation
that the applicant provide the City with written permission from the property owner in
which the freestanding sign is located.
The Planning Commission unanimously recommended approval of the request as an Interim
Use Permit until July 15, 2010.
S:\PLANNING\Case Files\2006\CUP\CU 06-15 Spectrum High School\CU 06-15_CC.doc
Case File; CU 06-15
Page 5
Recommendation
Staff and the Planning Commission recommend the City Council approve the request with
the following conditions:
1. The Interim Use Permit to operate the Spectrum High School shall be
granted until July 15, 2010.
2. If an extension to the July 15, 2010 date is required, the applicant shall apply
for an amendment to the Interim Use Permit.
3. The building shall meet all applicable building codes.
4. The building shall meet all applicable fire codes.
5. The kitchen shall meet all applicable building codes.
6. One wall sign and one freestanding sign not to exceed 96 sqft in total
combined area shall be allowed.
7. No parking shall be allowed on the driveway (6th Street) into the facility.
8. The applicant shall install No Parking signs on the driveway per the
city/state requirements.
9. No parking shall be allowed on Jackson Avenue.
10. The applicant shall provide the City with written permission from the
property owner in which the freestanding sign is located.
11. If parking is deemed by the City of Elk River as a policing issue, the proof of
parking lot would be required to be constructed, as indicated on the site plan.
S;\PLANNING\Case Files\2006\CUP\CU 06-15 Spectrum High School\CU 06-15_CC.doc
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Case Number: CU 06-15
SPECTRUM HIGH SCHOOL
SPECTRUM IDGH SCHOOL
PROJECT NARRATIVE
Detailed description/scope of project.
Spectrum High School is an approved charter high school opening in the fall
of2006. We are applying for this conditional use permit in order to lease and co-
occupy the Boys and Girls Club of Elk River. Spectrum will open with sixty to
eighty 9th and 10th grade students at the site and The Boys and Girls Club of Elk
River will continue to occupy and share the facility with the high school during
non-school hours. After school, for example, there may be Boys and Girls Club
activities occurring in part of the building, while Spectrum High School activities
are occurring in other parts of the building.
The Spectrum School Board anticipates continuing this arrangement with the
Boys and Girls Club for two years and possibly a third year. During the second
year of operation we will serve up to 120 9th_11th graders. The long-term goal of
the Spectrum School Board is to lease a permanent facility that will be built by
the KCS Building Foundation in cooperation with Kaleidoscope Charter School, a
successful K -8 charter school currently operating in Rogers, MN.
Spectrum High School will operate as a public school under Minnesota
Charter school law. Spectrum High School is sponsored by Volunteers of
America and is organized and operated as a nonprofit corporation. As a public
school we have an open enrollment policy and do not charge tuition.
At the Boys and Girls Club we will set up administrative offices, four
classrooms and also use the gym and open / game-room space during the school
day. The Boys and Girls Club will share some or all of these spaces during non-
school hours. Spectrum High School will use the kitchen only to facilitate serving
catered lunches; we will not prepare food on site.
Hours of Operation
Staff: Spectrum High School will be open and staffed on school days between the
hours of7:30 am and 4:30 or 5:00 p.m.
Students: The school day will most likely occur between the hours of 8:00 am
and 3 :00 pm. The exact hours of the school day are dependent on bus scheduling
which will not be assigned until this summer. We have requested that the Elk
River School District #728 provide transportation as provided for under charter
school law.
Number of Employees
Administrative staff will include 2 employees.
Teaching staffwill include 6 employees and might include up to 4
paraprofessionals and/or part time classroom aids.
Parking
The current parking lot includes 38 marked spaces plus 3 handicapped spaces and
is adequate for the shared needs of Spectrum and the Boys and Girls Club: There
is also adequate space for a clear bus lane for loading and unloading students. If
there is a shortage of student parking at the Boys and Girls Club, Spectrum will
use a lottery system to allocate parking spaces. Parking by Spectrum students off-
campus will be at their own risk. Most 9th and lOth grade students do not drive, so
we don't anticipate that this will be an issue in the first year.
Signage
Spectrum High School will work with the Boys and Girls Club to design signage
that coordinates with their current signage. This includes: a. one sign that is a
painted board attached to the East face of the building that is approximately
3 ' x7' and b. one sign that is a painted board freestanding along the 6th
street/Jackson intersection that is the driveway into the facility - approximately
3 ' x4 ' .
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