6.6. SR 06-18-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Communi Develo ment
Item Description
Request by Riverside Companies for Interim Use Permit for
Spectrum High School, Case No. CU 07-13 - Public Hearing
Meeting Date
une 18, 2007
Item Number
6.6.
Prepared by
erem Barnhart, Plannin
Reviewed by
Scott Clark, Community Development
Director
Reviewed by
Action Requested
Approval for an interim use permit, as illustrated on drawings dated 6/6/2007, with the following
conditions:
1. All comments of the City Engineer's memo dated June 7, 2007 shall be addressed.
2. All comments and conditions of the Sherburne County memo dated May 11, 2007 shall
be addressed.
3. The development of the site shall meet all applicable fire codes. The Fire Chief shall
verify the location of all fire hydrants, and may require additional hydrants necessary to
preserve the health and safety of the residents.
4. A wetland buffer of 25 feet apply to all wetlands and a structure setback of 20 feet from
the buffer applies.
5. A NPDES permit is required prior to construction.
6. A letter of credit in the amount of 100% of the cost of the landscape, site stabilization
improvements, to a maximum of $50,000 shall be submitted prior to the releasing of the
Building permit.
7. Interim Use Permit shall expire on July 1, 2010.
Background/Discussion
Spectrum High School received an interim use permit in 2006 allowing the school to operate at the Elk
River Boy and Girls Club until 2010. The Spectrum High School enrollment has increased faster than
anticipated, causing them to outgrow the Boys and Girls site.
The applicant seeks an interim use permit to operate their school in modular buildings on site of their
anticipated permanent home. The modular units will be used to continue to grow the enrollment,
allowing them to use other funding mechanisms to finance the permanent structure. The interim use
permit is requested for 3 years until July 1,2010.
The City Council reviewed the proposal as a concept at the May workshop meeting.
Case File: CD 07-13
Page 2
Spectrum High School
Riverside Companies
Financial Impact
N/A
Attachments
. Location Map
. Memo from City Engineer dated June 7, 2007
. Memo from Sherburne County Public Works dated May 11, 2007
. Applicant's Narrative
. Site Plan dated June 6, 2007
. Architecturall)ravving
General Information
Applicant
60 Day Rule
Requested Action
location and Size
Riverside Companies
The application has been deemed complete as of Apri130, 2007.
The City must take action by June 30, 2007.
Interim Use approval, to July 1,2010
Approximately 40 acres north of Co Rd 12, south of Trott Brook.
location Existing Use land Use Plan Designation Current Zoning
Subject Ag Urban Residential R-1d
Property
North Ag Urban Residential R-1d
South Tovvnhomes Urban Residential R-3
East Ag Urban Residential R-1d
West Ag Urban Residential R-1d
Overview
Spectrum High School, as part of their interim use permit, vvishes to construct a 10,500 square foot
temporary modular building for classrooms, offices, and common areas. The building vvill be located to
the north of a proposed parking lot, and northvvest of the future proposed high school. The parking lot
vvill be eventually converted as bus and staff parking.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
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Case File: CD 07-13
Page 3
Spectrum High School
Riverside Companies
1. Will not endanger, i,!jure or detrimentallY qffect the use and etyqyment if other properry in the immediate
viciniry or the public health, sqfery, morals, comfort, convenience or general we!fare if the neighborhood or the
ciry.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderlY development and improvement if surrounding vacant properry.
4. Will be served adequatelY fry and will not adverselY qffect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer !)1st ems, parks and schools; and
will not, in particular, create trqjjic congestion or interference with trqjjic on acljacent and neighboring public
thoroughfares.
5. Will not involve uses, activities, processes, materials, equipment and conditions if operation that will be
detrimental to a'!Y persons or properry because if excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Will not result in the destruction, loss or damage if a natural, scenic or historic feature if mqjor importance.
7. Will fullY complY with all other requirements if this Code, including a'!Y applicable requirements and
standards for the issuance if a license or permit to establish and operate the proposed use in the ciry.
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.
Analysis
Staff has been working with the applicant for the last several months, to identify and resolve any
issues discovered during the review:
Safety
During the concept review by the City Council and at the staff level site plan review, it was noted
that during a case of severe weather, there is no place for occupants to go. In other, previously
approved modular building applications, there has always been a permanent structure for this need.
To address this concern, the proposal includes the construction of a 70 x 40 concrete block building
east of the modular building.
Natural Resources
Wetlands - There are no wetlands or wetland buffers proposed to be impacted with this interim use
permit.
Floodplain - The floodplain for Trott Brook is adjacent to the development, but no grade changes
are proposed that would impact or otherwise alter this floodplain.
Transportation
Access to the site will be via a single access off of County Road 12. The County has expressed
concern with this access, and would prefer it line up with Johnson street, about 360 feet to the west.
The County has also suggested a turn lane for left turning traffic entering the school.
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Case File: CD 07-13
Page 4
Spectrum High School
Riverside Companies
Staff, the applicant, and the county have been working together on the resolution of this issue. The
challenge with shifting the access to the west (lining up with Johnson street) is that the applicant
does not yet have control over that land. It has been suggested that a temporary access be permitted
as shown, and the permanent access, when the enrollment and traffic turning into the site increase.
Additionally, the bypass/ turn lane would be built with the permanent access, again because the
traffic will increase at that point. The applicant would be required to attain a permit from the
County regarding the access.
Utilities
Water - City water and sewer will serve the site. Much of these service connections will be used for
the permanent building.
Storm Sewer/water - Storm water falling on the parking lot will sheet drain to a low ditch on the
west side of the property, and flow overland to a storm pond north of the modular building.
Landscaping
Lot Trees - Landscaping is proposed along the southern property line and throughout the site. As
this is a temporary use, it is suggested that more attention to the landscaping be part of the
Conditional Use Permit for the permanent building.
Planning Commission Discussion
The Planning Commission held a public hearing on this item at their meeting June 12,2007. There
were no comments received in support or against. The Planning Commission discussed the access
question, and whether a school was an appropriate use on the property. The Commission
questioned if the school would impede growth of adjacent property. Staff responded that the
school, city, and county continue to work together regarding the access, and supported the use of
the land for a school, noted the immediate County road access, and adjacent floodplain.
Recommendation
Staff and the Planning Commission recommend approval of the interim use permit to July 1,2010
for the installation of 10,500 square feet of modular school space for Spectrum High School as
illustrated on plans dated June 6, 2007, subject to the conditions outlined above.
Respectfully Submitted
Jeremy Barnhart, AICP
Planning Manager
Action
Motion by _
Second by _
Vote
Follow Up
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Case Number: CU 07-13
SPECTRUM HIGH SCHOOL
MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
FROM: Terry Maurer, City Engineer
DATE: June 7, 2007
SUBJECT: Spectrum Charter School Site Plan
File #226-171 P
As requested, we have reviewed the proposed site plan for the temporary and permanent
development of the Spectrum Charter School. The site, as you are aware, is located on the
north side of CSAH 12 just opposite Kliever Lake Fields Addition. The proposal is to
eventually construct a 60,000 permanent school building with amenities on the site. The
initial proposal is to construct temporary classroom facilities. I have met with the
developer's engineer regarding sewer and water service. Sewer service will be accomplished
by directional boring an 8-inch sewer line under CSAH 12 from the lift station located in
Kliever Lake Fields. From this line, a service will be extended to service the temporary
school building. This service will be available in the future to serve the permanent building.
From a water standpoint, the Elk River Municipal Utilities are just completing an extension
of trunk watermain along the north side of CSAH 12, looping Kliever Lake Fields Addition
to the watermain on Cleveland Avenue. This newly constructed trunk watermain will
provide an opportunity to extend a service directly into the temporary building, ultimately
serving the permanent building. Fire hydrants will be placed as required by the Fire Chief.
Initially, storm drainage will be accomplished by constructing a pond at the north of the site
just outside the floodplain. Drainage to the pond will be via overland flow. An initial
parking lot is proposed on the west side of the future permanent building. It is showing an
access directly out onto CSAH 12. A permit will be required from Sherburne County for
this access. This access would be considered temporary. When the permanent school
building is constructed, given the much larger scale and additional traffic that will be
generated, the access point will need to be moved westerly to line up with Johnson Street.
At that time, additional improvements along CSAH 12 may be necessary for that access,
based on Sherburne County conditions.
If you have any questions regarding any of these issues, please contact me.
S:\PLANNlNG\Case Files\CUP\CU 07-13 Spectnun\06 07 07 Engr's comments.doc
13880 Highway 10 West
Elk River, MN 55330
(763) 241-7013. 800-594-5208
Sherburne County
PUBLIC WORKS DEPARTMENT
May 11, 2007
MAY 1 "2007
City of Elk River
Attn: Jeremy Barnhart
City Hall 13065 Orono Parkway
Elk River, MN 55330
RE: Spectrum High School
Dear Mr. Barnhart:
Public Works has reviewed the proposal for locating Spectrum High School on parcel 75-
136-4300, which lies adjacent to CSAH 12. We have multiple safety and transportation
concerns with regard to locating a school in this location. We offer the following comments
for your consideration. The access location indicated on the drawing is unacceptable and
will not be approved. Our staff agrees with Terry Maurer, City Engineer, that if approved the
access should align with Johnson Street, in order to obtain approval. The access will
become a future street that will allow for the development of the Anthony Froland parcels
(40 Acres, half of which appears developable).
A standard right turn lane must be constructed on CSAH 12 to match the existing section, at
the developer's expense. The 2003 traffic volume for this segment of CSAH 12 was 6600.
The projected future volume is 12,000 MDT. According to our transportation plan and the
MnDOT District 3 turn lane policy (which we utilize) a full left turn lane is necessary, based
on projected traffic volumes on CSAH 12 and the proposed school access. A bypass lane is
inappropriate for this application and cannot be approved.
Based on the projected traffic volumes a four lane section will likely be necessary for this
segment of CSAH 12. If a four lane section were constructed, the left turn lane requirement
could be eliminated, however these improvements are not currently included in the County's
five year Capital Improvements Plan (CIP). In the meantime Public Works staff is available
to discuss options for design and construction and the developers' cost participation that is
deemed appropriate. If approved, this construction will require permits and fees. We do not
support any proposal that does not include left turn or four lane design. Consideration for
trail facilities and location will also be required.
As we all know the traffic volumes are rapidly escalating within the City of Elk River. The
County's first responsibility is to manage the safety and overall operations of the County
road system. Whenever schools are part of the equation the concern for safety is
paramount and these concerns are shared by the whole community. The County wants to
work with the City and the school to address these safety concerns as part of this process.
Please call if you have any questions or comments (763-241-7013).
Sincerely,
~tU-
Richard D. Corbin
Sherburne County Public Works
Cc: Edward Youngquist, Riverside Companies
John Menter, Public Works Director
Rhonda Lewis, County Engineer
RIVERSIDE
!t
FILE COpy
COMPANIES
.......................................................
.......................................................
Riverside Development Company
Pioneer Investments, LLC
LC Development, LLC
Phoenix Enterprises, LLC
CM Points Holdings, LLC
Franklin Development Inc.
April 30, 2007
City of Elk River - Planning Department
13065 Orono Parkway
Elk River, MN 55330
RE: SpectIum High School - Project Narrative
Elk River's Spectrum High School received its Charter in 2006 and opened the doors
last fall- operating out of the Boys and Girls Club of Elk River. In the first year, the
Charter High School has outgrown its present facility. It isthe intention ofthe
Spectrum School Board members to relocate the High School within the City of Elk
River. They are interested in building a permanent facility East of Higb.way 169 on
C.S.A.H. No. 12 (North side of Main St.) - between Johnson Street and Fillmore
Street. Detailed site maps have ,been supplied.
Spectrum Charter High School operates like any other educational facility. Hours of
operation are typically 8:00 am to 3 :OOpm - with some extra curricular activity traffic.
The anticipated enrollment for the 2007-2008 school year is 120-150 students. It is
estimated that 25% of the enrolled students would be drivers - along with 25 staff
members. The maximum enrollment is projected at 500 students for grades 8-12. An
estimate of 5 0 staff members will be needed to accommodate the projected enrollment.
,The Preliminary Site Plan demonstrates meeting parking requirement for the interim as
well as the permanent use. The educational use of this property staggers the traffic
patterns and may relieve some peak traffic-flow time periods.
The Preliminary Site Plan demonstrates how well the school pr~serves the natural
features of this parcel. The property is environmentally very sensitive. The proposed
school and parking area Is located closer to C.S.A.H No. 12 - away from Trott Brook.
All construction is proposed outside of the current Flood Plain with no wetland
mitigation needed. and minimal tree impact. The natur~'setting of the proposed school
lends itself to Spectrum High School'~ strong math, and science clll1iculum.
A soils report prepared by ITT dated June 16, 2000 suggests typical construction
practices with spread footirigs for building fOllndations and a R - 30 pavement section
(1.5/2110-7 ton and 1.5/3/12-9 ton). The subsurface water table was observed between
5 and 8 feet. Theschool can be serviced with city sewer and water. Also, small utilities
such as Qwest, ERMU, Centerpoint Energy and Northstar Access can provide service
to the High School. DA TERECEIVED
.~gd-tr7
19230 Evans Street NW. Suite 115. Elk River, MN. 55330
Phone: 763-241-1801. Fax: 763-241-1399
RIVERSIDE
!t
COMPANIES
..................................................................
..................................................................
Riverside Development Company
Pioneer Investments, LLC .
LC Development, LLC
Phoenix Enterprises, LLC
CM Points Holdings, LLC
Franklin Development Inc.
Spectrum High School needs to operate on the proposed site in a temporary Modular
facility. When the enrollment reaches 285 students, bonding can be applied for and
construction of the. permanent facility can commence. It is anticipated that this
enrollment numbercanbe achieved in a short period oftime. There is a great need in
the area - as demonstrated by the waiting list at PACT Charter School in Ramsey,
Minnesota. The modular building is placed on a concrete block foundation and is
recognized by the State of Minnesota as a permanent structure. The exterior of these
temporary buildings can be very attractive (See sample Architect Plan). Landscaping
can be incorporated as screening (See sample Landscape Plan).' The modular
classrooms must comply with all local and state building codes.
It is the hope of Riverside Companies and Spectrum High School that the City of Elk
River will work with us to make this dream a reality. Please contact me with any
questions or if additional information is needed. Thank you.
Sincerely,
Edward oungquist
Riverside Companies
19230 Evans Street NW. Suite lIS. Elk River, MN 55330
Phone: 763-241-1801. Fax: 763-241-1399
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BY
OWNER/!lEVROPER
fIYBlBI)E cot.t"ANEB
19230 EVANS STREET. SUllE 115
ElK RIVER, MINNESOTA
PHONE: 763 241 1801
ATTN: Edward YoungquIst
SPECTRUM HIGH SCHOOL
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REVISIONS
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_/DfVEl.OPEII
FIIrEfIBCE COMPAtES
19230 EVANS STREET. SUllE 115
ElK RIVER. lllNNESOTA
PHONE: 763-241-1801
ATTN: lAr. Oar)! Thompson
CONCEPT FLOOR PI...ANS - BUI..DtKi B.EVAllONS
SPECTRUM HIGH SCHOOL
ax FIVER - WfESOTA