6.2. SR 07-16-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Communi Develo ment
Item Description
Request by City of Elk River for Ordinance Amendment
Regarding Recreational Facilities in Business Park Zoning
District, Case No. OA 07-06 - Public Hearing
Item Number
6.2.
Prepared by
erem Barnhart, Plannin
Reviewed by
Scott Clark, Community Development
Director
Reviewed by
Meeting Date
ul 16, 2007
Action Requested
Adoption of Ordinance as presented
Back~round/Discussion
A brief history related to this request:
April 10, 2006, the applicant approached the City Council with a desire to put a Dance Studio in the
Business Park zoning district. The Council directed staff to develop options for expansion of the
use into other areas of the community. The project was known as the "Briggs Proposal".
May 8, 2006, community development staff discussed the issues, including commercial and
industrial inventory, economic policy goals, and recommended the Planning Commission review
revisions to the ordinance. The applicant did not attend this discussion, and did not contact staff
until March, 2007.
March 21, 2007, staff received a building permit to finish space in the BP zoning district. Staff
informed the applicant, Pat Briggs, that staff was unable to issue the permit for a use that is not a
permitted or conditional use.
May 8, 2007, Staff initiated an ordinance amendment, reviewed by the Planning Commission. The
amendment suggested Commercial Recreation as a permitted use in the Business Park zoning
district. After discussion, the Commission requested additional information, and the tabling of the
item until their workshop.
May 22, 2007 PC workshop, the Commission directed staff to expand the definitions, to better
reflect the use and placed various "recreation" uses in the C-1 and C-3 zoning districts.
May 29, 2007, Staff received the CUP application for a dance studio. Although the applicant does
not state for which use, it is understood that they were applying under a Vocation, technical, or trade
school, based on their arguments that they are teaching a skill, and that this is the most similar
among those listed. After discussing it with the City Attorney, Staff returned the application because
the City could not act on it, interpreting a dance studio as not a use consistent with a technical,
vocational, or trade school.
June 1, 2007, the applicant has stated their intent to appeal. Both the City Attorney and Staff have
instructed him on the formal procedure to appeal; to date, no formal appeal has been received.
June 12, 2007 PC meeting, after holding a second public hearing, the Commission forwarded a
recommendation of approval
June 18, 2007 CC Meeting, the City Council reviewed the draft provisions, and directed staff to
develop an ordinance. The Council was clear in its direction that certain areas of the City should be
preserved for true industrial uses, including industrial and business park areas.
At the request of the City Council a second notice was published in the Star News and a special mailing
was sent to those that submitted their address to staff after the last meeting. A mailing was sent to Pat
Briggs, Pamela Sitts, and Julie Schoen on June 26th.
Attachments
· CC Apri11 0, 2006 minute excerpt
· CC May 8, 2006 minute excerpt
· PC May 8, 2007 minutes
· Letter to Briggs RE building permit March 27, 2007
· Letter to Sitts RE CUP application May 31, 2007
· Ordinance
Overviewl Analysis
Of the existing definitions, a dance studio/ gymnastics facility best fits as Commercial Recreation.
However, Commercial Recreation could be applied to a wide range of uses, many of which may not be
appropriate in all districts. Commercial Recreation (driving ranges, soccer complexes, volleyball leagues,
etc) is currently permitted in the C-1, C-3, and unplatted 1-1 and 1-2 zoning districts.
During their meetings in May, and on June 12th, the Planning Commission discussed the appropriateness
of these uses, and after breaking down Commercial Recreation into three categories, delegated them to
zones they felt most appropriate, based on access needs, intensity of use and adjacent uses, and building
needs.
After much discussion, the Planning Commission is recommending three new definitions, and amending a
fourth. The Commission also recommends allowing certain "entertainment" uses in the Commercial
zoning districts, but preserve the industrial for industrial uses. There was concern that larger
entertainment uses shift the character of the district and development from its intended use.
In considering a dance studio as a Vocation, technical, or trade school, staff recognizes that learning does
occur at the facility the site, however felt this is inherently different from a reasonable understanding of
such schools; a vocational school is generally known for hands on training in classrooms and laboratories
and work is completed toward a degree or certificate of marketable skills.
It is expected that a number of dancers from and the owner of PS Dance will be in attendance. PS Dance
desires to relocate their business to a building owned by Pat Briggs in the Business Park zoning district.
The underlying land use for his building is Industrial. The ordinance as drafted would not permit PS
Dance in this building. This is consistent with the direction Staff received at the City Council meeting on
June 18th.
Recommendation
Staff and the Planning Commission recommend approval of the ordinance as drafted.
Respectfully Submitted
~~
Jeremy Barnhart
Planning Manager
Action
Motion by _
Second by _
Vote _
Follow Up
City Council Minutes
llpri110,2006
Page 3
5.2. 1v.Givor's Discussion of Briggs Proposal
1v.Giyor Klinzing explained that this item has to do with the issue of commercial property in
the city and whether or not we have enough flexibility with the types of property and
locations that will work for people. She stated the council. in the past has struggled with
whether or not a request fits into the proper zoning and whether or not council wanted to
put those uses in that zone when council. wanted the type of uses that should be in the office
park zone.
She st2.ted the council. did not want to cause a conflict. She stated the issues are - where do
they go, how do we serve them, and possibly the rezoning of property behind the new
fumiture store to allow the use for a professional dance, studio.
Pam Sitts of PS Dance Studio and Pat Briggs of Briggs Properties discussed with council
some of the sites owned by Briggs Properties seeking advice for a location for a dance
studio.
Councilmember Motin stated that the council is trying to keep the business park area, the
N ortb.star Business Park, and the Gateway for light industrial use. He st2.ted there is the
Home Depot and the Maxswn Furniture Store but the funllrore store was allowed with the
idea that it would be the end of the commercial area. He st2.ted that there may be other
industtiallocations that aren't as prime of a location where a studio could be located.
.
Councilmember Farber agreed with not using prime industrial land for this use; that st2.ff
needs to work with Mr. Briggs; and that he is not ready to make a decision.
1v.Giyor KJinzing stated that this issue will not be resolved with the current ordinances and if
the council is not interested in changing these ordinances that they could say no OI can give
direction to staff to look at drafting potential changes.
Council wishes to accommodate this dance studio. The majority of the council indicated
that rezoning in light industrial may be difficult for council to approve.
It was the consensus of council to have staff work with Mr. Briggs citing options that he has
for development of property tpat he owns.Counc:ilmember Morin would like staff to. look
at the potential to designate certain areas that are light industrial to be Tier I and Tier II and
stated that he doesn't wish to open up all light industrial areas to be zoned for dance studios.
6.1. Pinewood Financing
City Administrator Lori J ohoson stated that this item has been discussed in the past and that
council has received a letter from Dawn Polston-Hork on behalf of the Parks and Recreation
Commission regarding their opinion on financing using the Park Dedication fund to finance
Pinewood. She st2.tedthere are funds available in the Park Dedication fund, the RDF
Reserve ($714,000), the Landfill Construction Debris fund ($193,000).
.
She stated that the Park Dedication fund currently does not have enough cash to cover the
full balance paid at closing because of improvements taking place this year. The amount that
was paid at closing on Thursday was $300,000 for the down payment and $90,000 for the
first year lease payment. She stated that she would like council to discuss where to charge
those two upfront payments and the ongoing payments.
.
.
City Council Minutes
lv.!:ay 8, 2006
Page 5
5.4. Wetland Buffer Ordinance
Environmental Administrator Rebecca Haug reviewed the draft wetland buffer ordinance.
The purpose of this ordinance is to protect the remaining wetlands in the City of Elk Rive!.
The ordinance would require a 25 foot buffer stcip from the delineated wetland boundary or
the ordinary high water level of a stOml water pond In this area, no mowing, clearing or
removal of veget2.tion would be allowed A minimum of 20 feet from the wetland buffer
setback would also be required No structures would be allowed in this setback area. Fences
and nature tr.ails, at the City's approval, would be allowed This ordinance is intended for
new construction of plats so any existing lots that abut a wetland would not be affected
The Council. members gave suggested changes. Ibis item. will be revised and placed on an
upcoming Council. agenda for approval.
Counci1member Farber returned..
5.5.
Discussion on Bri~gs Proposal
Community Development Director Scott Clark stated at the April. 10, 2006 City Council
work session, the City Council. directed st2.ff to review options regarding what was called the
"Briggs Proposal." Issues discussed at that meeting were a concern that cert2.in types of
businesses (dance, gymnastics, music, etc.) have a difficult time in finding affordable
commercial space to make their businesses profit2.ble and converting some :industrial
property to commercial may be a method to create the necessary economics for this type of
use to be profit2.ble. Discussion also centered on concems of converting scarce industrial
property into commercial space and creating a tier type of zoning,
Mr. Clark and Community Development Director Catherine Mehelich reviewed the staff
report regarding the economic policy considerations, commercial and industrial inventory in
'the City, and zoning issues. Staff is recommending that the Planning Commission review
and revise the Business Park District ordinance.
Council concurred
5.6. Land Use Financial Manag-ement Plan
Community Development Director Scott Clark reviewed his staff report regarding entering
into a Land Use Financial Plan (LUFF) with Ehlers and Associates. He stated in order to
detennine the appropriateness ofland uses some type of financial management planning
model needs to be developed to test future revenue generation to needed expenditure levels
for a city built-out to a population of 36,000. He further explained the purpose, process, and
costs associated with the proposed Plan.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER DIETZ TO APPROVE EHLERS' ''LAND USE
FINANCIAL PLA,N DRAFT SCOPE OF WORK," DATED APRIL 26, 2006,.AND
TO PROCEED WITH THE DEVELOPMENT OF THE PLAN .AS PRESENTED.
MOTION CARRIED 5-0.
5.7.
Street Department Temporarv Office
Discussion on this item. was t2.bled until the June work session.
MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TU ESDA Y, MAY 8, 2007
EXCERPT OF :MINUTES:
Members Present:
Chair Stevens, Commissioners Anderson, Austad, Lemke, Scott, Staul and
Westgaard.
Members Absent
None
Staff Present
Jeremy Barnhart, Planning Manger; Sheila Cartney, Senior Planner; Chris
Leeseberg, Planner; Debbie Huebner, Recording Secretary
5.3. Request by City of Elk River for Ordinance i\.mendment Regarding Recreational Facilities in
the Business Park Zoning District - Case No. OA 07-06 - Public Hearing
Planning Manager Jeremy Barnhart explained that this request is in response to a building
permit request to finish a tenant space for a commercial recreation business (dance
studio/ gymnastics facility) in the Business Park zoning district. He explained that this type
of use is permitted as a conditional use in the C-l and C-3 zoning district, and in the 1-1
zoning district as a conditional use, provided the property is not platted. The Commission is
asked to consider whether or not additional zoning districts should permit this type of use as
a permitted use or conditional use, specifically the Business Park district. 11r. Barnhart
reviewed four options for the City consider, ranging from making no amendment to
allowing the use as an accessory use with restrictions on the size of the facility. He asked
that the Commission make a determination whether the use is appropriate or not, and if not,
where it should be permitted.
Staff recommends Commercial Recreation not be permitted within the Business Park
Zoning District. Should the Planning Commission and City Council feel the use is
appropriate, Staff would recommend a Commercial Recreation use be classified as an
accessory retail use, for the purposes of space allocation, and preservation of business park
character, with no more than 15% (5,000 sq ft) of the occupied quarters being used for the
Commercial Recreation.
Vice-Chair Scott opened the public hearing.
Pat Briggs, of Briggs properties and owner of the subject property - Provided
background information regarding his business interests in the community, and history of
his request to locate the PS Dance Studio in his existing facility in the Elk River Business
Park. He stated that a former staff person agreed that the use could be allowed with no
conditional use permit, since it would be utilizing less than 15 percent of the total occupied
space of the building. He stated that he has a signed lease with his dance studio client and
was ready to move forward with a building permit to finish the space, when he was told the
use was not allowed under the current zoning. He stated that 75 percent of the building is
leased and has created 52 jobs. He stated that he spoke with the Mayor and she suggested
the item be discussed in a City Council workshop. He felt that staffs interpretation is
incorrect and had concerns with the definition being applied to the proposed use.
Planning Commission Minutes
May 8, 2007
Page 2
Mr. Barnhart explained that staff is looking for direction from the Commission whether or
not they feel the use is appropriate in the Business Park zoning district.
Mr. Briggs stated that he felt the use could be addressed as a conditional use permit under
the education venue, such as vocational, technical and trade schools, as discussed with the
Community Development Director. He stated that clients receive school credits for
attending and costs are deductible, according to the IRS. He stated that other cities such as
Chanhassen, Ramsey and Plymouth, allow the use in business park zoning districts. Mr.
Briggs stated he would like to rent out the space, and that has spent 1 Vz years in meetings
for this issue. He stated he would like to submit the application per the Planning
Commission's and Council.'s recommendation, whether it be as a vocational, private
recreational, or commercial recreational use. Mr. Briggs stated that since the building has a
site line to Highway 169, the use could also be considered a personal service establishment as
an underlying commercial use in the Business Park.
Commissioner Staul asked liMr. Briggs felt the use was not a commercial recreational use.
Mr. Briggs stated yes, and stated that the use is open to the general public, but that the
dancing is private with professional dancers as instructors. Commissioner Staul as if the
students are professional dancers. Mr. Briggs stated that they are students and their only
reason to be there is to be instructed, and felt that the use could be defined as a personal
service. Commissioner Staul asked if the use was deemed to be permitted as a commercial
recreational use, would Mr. Briggs still have an issue. Mr. Briggs stated no, but that he felt
the definition needs to be clarified.
Mr. Barnhart stated that the question is whether or not the use is appropriate and if so,
should it be included in all three uses within the Business Park zoning district, and whether
or not limitations on the size of the use should be imposed?
There being no further public comment, Vice-Chair Scott closed the public hearing.
Mr. Barnhart stated that staff request direction from the Planning Commission regarding a
possible text amendment, which may include new definitions, and whether or not the use
should require a conditional use permit.
Commissioner Westgaard stated !hat he felt more discussion is needed regarding a definition
for the proposed use and he was not comfortable making a recommendation tonight. He
stated that questions need to be answered regarding what is educational, what is recreational,
and where the use is appropriate. He felt the use could be a twist on words and up to
interpretation. He stated he would like more information before providing a
recommendation. Mr. Barnhart stated that issue can be broken into pieces consisting of: 1)
determining whether or not the use is appropriate for this zone; 2) whether or not the use is
commercial recreation; 3) where does this type of use fit; and 4) is the use a
vocational/ educational use or for enjoyment.
Commissioner Staul asked if the dance studio on Railroad Drive was a permitted or
conditional use. He stated he felt the commercial recreation definition as it currently exists is
too broad and some of the uses would not be acceptable in the Business Park zoning district.
He stated that commercial recreation needs to be defined and suggested that other cities be
surveyed regarding this issue.
Commissioner Lemke asked if the Commission was bound by any past Council action. Mr.
Barnhart stated that tl1ere is some history on this issue, and that there have been changes in
Planning Commission IYfinutes
May 8, 2007
Page 3
the Council since that time. Commissioner Lemke stated that there is some confusion on
this issue and he would like to study it further at a workshop.
Mr. Barnhart noted that uses other than commercial recreation would create more
employment in the Business Park zoning, and some of these types of uses would not be
appropriate, such as a bowling alley or a dirt bike racing facility.
Commissioner Anderson concurred that this issue should be studied further in a workshop
setting. He stated that this is the first time the Planning Commission has heard about Mr.
Brigg's issue and they are not prepared to address it until the use is better defined. He stated
he supports filling empty business park space and the upg1:ading of uses.
MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY
COMMISSIONER STAUL TO TABLE THE REQUEST BY THE CIYT OF ELK
RIVER FOR AN ORDINANCE AMENDMENT REGARDING
RECREATIONAL FACILITIES IN THE BUSINESS PARK ZONING
DISTRICT, CASE NO. OA 07-06. MOTION CARRIED 6-0.
13065 Orono P:u:kway
Elk River,MN 55330
March 27,2007
:Mr. Pat Briggs
Briggs Properties
11110 Industrial Orc1e N'W
Elk River, MN 55330
RE: Building permit- tenant space 121
:Mr. Briggs,
The Gty has received a building permit to finish space within the Elk River Business Park
On the building permit, the space to be improved is identified as space H
Based on our understanding of your use, and the permitted zoning for the subject property
(currently zoned BP), it does not appear that your proposed use is permitted within the BP
zoning district as a permitted or conditional use. The City allows "Private Recreational
Facilities" as an accessory use; however, your proposed use does not fit within that category.
Because of this, Staff is unable to process and issue the permit. .
However, in 2002, a similar use successfully argued for an interim use based on a vocational,
technical, or trade schooL Please npte that Staff does not support this use as a vocational
school and that the majority of the Council has changed, and similar approval is not
guaranteed. Please feel free to contact me should you have any questions, or would like the
necessary applications forms forwarded to you. I can be reached at 763/ 635-1034.
Sincerely,
~~
Jeremy Barnhart, AICP
Planning Manager
CC: Bob Ruprecht, Building Official
Scott Oark, Community Development Director
13065 Orono Parkway
Elk: River, MN 55330
May 31, 2007
Pamela Sitts
604 Railroad Drive
Elk River,:MJ\T 55330
VIA
US MAIL
RE: Conditional Use Pennit application
Ms. Sitts,
Thank you for your application for a Conditional Use Permit to operate a dance studio in Elk River.
I'm sorry there has been some misunderstanding regarding your use. Mr. Briggs approached the Oty
in March for a building permit to finish your tenant space. I informed him that a dance studio is not a
permitted or conditional use, and that an ordinance amendment would be necessary. See the attached
letter dated March 27, 2007. I am returning your application, along "'With your application fee of $1,500
because the Oty Council does not have the authority to approve a conditional use in this zone for your
use, at this time.
Yau may file a formal appeal of this decision per section 30-634 by completing the appropriate
application, obtainable at the Elk River Oty HaIl.
Alternatively, you may be aware that Oty Staff, in an effort to resolve this issue, has initiated an
ordinance amendment to consider a physical training or recreation use as permitted or conditional use
in several zoning districts, including 'f:t1.e BP zoning district The Oty Planning Commission is currently
reviewing possible language along those lines; the next meeting is scheduled to be held June 12, 2007 at
6:30, where the Planning Commission will continue their discussion. The Planning Commission will
ultimately forward a recommendation to the Oty Council, pOSSIbly on June 18th.
I hope to see you at one of the upcoming public meetings. If you have any questions or would like to
discuss this in the mean time; please contact me at 763/ 635-1034.
Sin=e!y, ~
g~ ~NCP
~%ger
Ene.
CC: Pat Briggs, Property Owner
Scott Oark, Community Development DirE!ctor
Peter Beck, Gty Attorney.
MEMORANDUM
TO: Pamela Sitts, 604 Railroad Drive, Elk River, MN 55330
Julie Schoen, 15108 85th Street NE, Elk River, MN 55330
Pat Briggs, 11110 Industrial Circle Suite C, Elk River, MN 55330
FROM: Jeremy Barnhart, AICP, Planning Manager
DATE: June 26, 2007
SUBJECT: City Council discussion of Zoning Ordinance amendment
Attached, please find a copy of the draft ordinance and public hearing notice for the Star
News. The ordinance will be considered by the City Council at their regular meeting on
Monday, July 16th. The meeting starts at 6:30. Please forward this information to other
interested parties.
You can contact me July 12th or 13th for a copy of the agenda.
Please do not hesitate to give me a call if you have any questions.
ORDINANCE _-_
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CERTAIN
SECTIONS OF CHAPTER 30 OF THE CITY CODE OF ORDINANCES
RELATING TO THE ALLOWABLE ZONING DISTRICTS FOR VARIOUS
RECREATION USES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30-1, titled Definitions, of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Pf?ysical Recreation or Training. Means a business that provides physical exercise,
training or recreation equipment and/ or space for use on site. Health and
fitness centers, dance studios, and gymnastics facilities shall be considered
examples of such use. Training or self improvement shall be an important
component of the activity, and differentiate it from Commercial Recreation
uses, where sport is the predominate activity.
Commercial Recreation Facility means a non-governmental building, structure or
open space, operated by a profit or non-profit entity and open to the general
public and used for sports activities of amusement. Such facilities may
include bowling alleys, tennis courts volleyball courts and other leisure uses.
Commercial Recreation, Indoor means a Commercial Recreation Facility
primarily for indoor uses, such as bowling alleys and swimming halls, but
excluding golf domes.
Commercial Recreation, Outdoor means a Commercial Recreation Facility
primarily for outdoor uses, such as golf driving ranges, volleyball courts,
tennis courts and golf domes.
(b) Permitted uses. Permitted uses in the C-l district are as follows:
(11) Physical Recreation or Training, less than 5,000 square feet
(d) Conditional uses. Conditional uses in the C-l district are as follows:
(8) Commercial Recreational Facilities, Indoor
(18) Physical Recreation or Training greater than 5,000 square feet in
SlZe
Section 2. That Section 30-1022, titled C-l Central Business district, subsection
(b) and (d), of the City of Elk River Code of Ordinances, shall be amended to read as
follows:
Section 3. That Section 30-1024, tided C-3 Highway Commercial District,
subsection (d), of the City of Elk River Code of Ordinances, shall be amended to read as
follows:
(d) Conditional uses. Conditional uses in the C-3 district are as follows:
(J) Commercial Recreational, Indoor.
(26) Commercial Recreation, Outdoor
(27) Physical Recreation or Training
Section 4. That Section 30-1025, tided C-4 District, subsection (d), of the City
of Elk River Code of Ordinances, shall be amended to read as follows:
(d) Conditional uses. Conditional uses in the C-4 district are as follows:
(9) Physical Recreation or Training
Section 5. That Section 30-1292 tided 1-1 District, subsection (d), of the City of
Elk River Code of Ordinances, shall be amended to read as follows:
(d) Conditional uses. Conditional uses in the 1-1 district are as follows:
(15) Commercial recreation, outdoor (unplatted land only).
Section 6. That Section 30-1294, tided BP business park district, subsection (d)
of the City of Elk River Code of Ordinances, shall be amended to read as follows:
(b) Permitted uses. Permitted uses in the BP district are as follows:
j. Physical Recreation or Training, if less than 5,000 square feet, provided
the underlying land use in the Comprehensive Plan is Mixed Use or Highway
Business.
(d) Conditional uses. Conditional uses in the BP district are as follows:
(1) Conditional uses are as follows:
h. Physical Recreation or Training, if 5,000 sq feet or greater,
provided the underlying land use as provided in the Comprehensive
Plan is Mixed Use or Highway Business.
Section 7. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 16th day of July, 2007.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
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~ Agricultural Research ~
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PERMITTED USE IF
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[ill Office District
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DATE:
7/16/2007
DRAWN BY:
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COMMERCIAL RECREATION
DATE:
7/16/2007
DRAWN BY:
CML
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