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6.10. SR 08-20-2007 REQUEST FO~ ACTION To Ci Council Agenda Section Communi Develo ment Item Description Request by P.S. Dance for Interim Use Permit to Allow Physical Recreation/Training Facility (Dance Studio) in Busine$s Park, Case No. CU 07-23 - Public Hearing I Meeting Date Au ust 20, 2007 Item Number 6.10. Prepared by erem Barnhart, Plannin Reviewed by Reviewed by Action Requested Staff and the Planning Commission recommend approTal of the request, with the following conditions: 1. As an Interim/ Conditional Use Permitl is not a Building Permit, the applicant shall apply for all require permits. . 2. The building shall meet all applicable .milding codes. 3. The building shall meet all applicable fire codes. 4. Interim Use Permit shall expire on De<\;ember 31,2010. 5. If an Interim Use permit, the applican~ and business owner shall provide proofthat the lease is consistent with the timeli~ established by this Interim Use Permit. Background/Discussion This application is processed under the assumptio:p. that the City Council has approved Physical Recreation or Training as either a Conditional use or ~nterim Use in the Business Park Zoning District. This zoning ordinance amendment is presented as Cas~ No OA 07-11. Should the Planning Commission and City Council not approve the Ordinance Amendment, Staff would recommend denial because the application is not consistent with the Zoning Ordinande. PS Dance desires to relocate from their studio in dowhtown Elk River to a location more fitting of their needs. The City Council is considering a Zoning Or~ance Amendment that would allow this type of use (physical Recreation/ or Training) as an interim use. Attachments . Location Map . Applicant's Narrative Case File; CU 07-23 Page 2 PS Dance Pat Briggs and Pam Sitts General Information Requested Action location and Size , Pam Sitts on behalf of Pat Briggs, property owner The application has' been deemed complete as of August 7, 2007. The City must ~ake action by October 7, 2007 Interim Use Permit Elk River Industrial P~rk, 11110 Industrial Circle Applicant 60 Day Rule . location Existing Use land Use Pllan Designation Current Zoning Subject Property North Vacant Industrial Building Light Industrial (LI) BP Industrial LI LI LI LI , BP BP BP BP South Industrial East West Industrial Industrial , Overview The applicant desires to relocate their business from downtown Elk River to approximately 3,500 square feet in the Briggs Business Center, 11110 Industrial Cir4le. The business would employ 8 people, and provide dance instruction in a variety of styles to 400 students. The business is primarily an after hours business, serving its clients in the evenings 4:30-9:30 M-F, and Saturday mornings. Further information is included in the attached applicant's narrative. Applicable Regulations Interim Use Permit The issuance of an Interim Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, if!Jure or detrimental!J affect ,the use and ef!Jqyment if other properry in the immediate viciniry or the public health, safery, morals, comjott, convenience or general welfare if the neighborhood or the ciry. I 2. Will be consistent with the comprehensive plan. 3. Will not impede the normal and order!J development and improvement if surrounding vacant properry. S:\pLANNING\Case Files\CUP\CU 07-23 PS Dance\CU 07-23_CC.doq Case File: CU 07-23 Page 3 PS Dance Pat Briggs and Pam Sitts 4. Will be served adequatelY I:Y and will not adve~seIY affect essential public facilities and services including streets, police and fire protection, drainage, refuse ~isposal, water and sewer {)Istems, parks and schools; and will not, in particular, create trqffic congestion or Yntetjerence with traffic on aqjacent and neighboring public thoroughfares. 5. Will not involve uses, activities, processes, materials, equipment and conditions if operation that will be detrimental to atry persons or properry because if'excessive trqffic, 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 of this Code, including atry applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. If denial of such a permit should occur, it shall accomp~ny recommendations or determinations by findings or a report stating how the proposed use does J(J.ot comply with the standards set forth in Section 30-654. Based on the review of the standards, it appears the use will be consistent. Analysis The applicant is requesting an interim use permit for 5 years, to December 31, 2012. This is inconsistent with other IUP's, where the city has typically allowed bnly three years. The challenge at the end of the term, whichever term that is, will be to convince is viab~e business that they need to relocate. The Planning Commission, although not supportive M an interim tag, recognized that the temporary approval for an office trailer was different than a busine,ss within an established building. Planning Commission Discussion At its meeting on August 14, 2007, the Planning Com.mission questioned the parking needs associated with the proposed business. Because the hours of op~ration generally alternate with the adjacent office uses, and while traffic will increase due to drop offs; it is anticipated that there is sufficient parking available on site. The PC recommended approval based on the City Council establishing the use as an approvable (interim, conditional) use. Action Motion by _ Second by --.- Vote Follow Up S:\pLANNING\Case Files\CUP\CU 07-23 PS Dance\CU 07-23_CC.doc, -T- I Location Map 1r N Case Number: CU 07-23 (INTERIM USE) PS DANCE . . . IUP From: "Sitts" <rsitts@C:QffiC:Clst.net> [+] Date: Tue, 7 Aug 200701:36:11-0500 To: "Pamela Sitts" <psdCloce@danc:eClrt.net> [if-] Subject: IUP Date: August 6, 2007 To: Jeremy Barnhart, City Planner City of Elk River Dear Mr. Barnhart, Attached is an Interim Use Permit (IUP) Apl-lication to allow our business, PS Dance, Inc. to relocate and operate in space located i:n "The Briggs Business Center" at 11110 Industrial Boulevard, Elk River, MN, 55330.j This property is owned and managed by The Briggs Companies. We propose to continue the operation of our studio at this new location and continue to grow our dance instruction business. As we discVSSed at the City Council meeting on July 16' 2007, we are requesting a five year !UP fori this facility. A five year permit is vital to reduce business expenses related to the move and construction and to avoid losing students from frequent physical relocation of what ib considered a "destination" business. We have operated PS Dance Studio in Elk River fo. the past 12 years and have been searching for a new reasonably priced location for the past 5 years. The above Industrial Boulevard location is the only one we have found ,e meets our business goals. Our normal hours of operation are 4:30 pm 10 9:30 pm Monday through Thursday. In addition, we are open during the months of January through May on Friday nights from 6:00 pm to 8:00 pm and Saturday from 9:00 am to loon. We have six instructors and two administrative assistants who are employees. We offer ballet, jazz, lyrical and tap dance instruction tq approximately 400 students aged 3 to 50+. One of the desirable features of this new spBFe is the reduced and more managed traffic flow which offers safer access for students m)d parents entering the studio. Another feature is the extra high ceilings which are safer for llifts, jumps and other gymnastic types of activities and for students performing on elevated props and stages. l During business hours our normal parking requirements are from 15 to 20 cars. The available parking at the Briggs Business Cente~ is 48 stalls. The parking and access that is available during our hours of operation is pre~isely what we need to grow our business. Given our business hours, our operations Will have little or no negative impact on the nearby business owners and tenants in the business park. We Will need one standard size sign at or ne~ the front door consistent With the established and approved sign theme for the building. We will also need one strip sign for the larger entrance monument sign at the Briggs B~iness Center indicating PS Dance Inc. is one of the tenants. I All building materials and construction tecIJuques used in constructing and customizing the interior space within the Briggs Btifiness Center will comply with existing I Page 1 of2 http://mail.danceart.net:32000/mail/viewaction.htm1?id=a7afc7tb250e61 f41 b62dbb99cd4a2... 8/7/2007 I IUP r , . , City codes and regulations. We have worked hard in selecting the space (at a cost we can afford) and securing lease agreements with The Briggs Companies on ap~roximately 5,000 square feet of space that has otherwise remained vacant for over two years. We believe very strongly that we provide a quality educational experience for our stu~ents and a healthy atmosphere for the youth of the community . Your approval of this reqljlest will offer a win/win situation for PS Dance and The Briggs Companies as well as the cit of Elk River. Again, we ask for your approval of a five year IUP for the above location and thank you for your time and consideration of this request. I Sincerely, Pamel~ Sitts, President PS D~ce, Inc. 604 ~oad Drive Elk Rit. er, MN 55330 Phone:,612-805-6964 Email: Ipsdance@danceart.net ! Page 2 of2 http://mail.danceart.net:32000/mail/viewaction.htm11id=a7 afc7fb250e61 f41 b62dbb99cd4a2... 8/7/2007 I ~ ~ q .. <J -< .. ~ ;J >- z oco",o"......._.........,u,.. )> ~I \1 ~~,,~ --....LJ m "iiI r.J ~ ~~ eJ"~ e e. -~ So O!!) ~~ " , 'lIlIl,U,IlW. :l8j!j~ L._ ~5~~ u>, 11 11 :eJi -iil~ ~ :: ~~ 5i3:~ II ~ l II ~ ~____~ 1: IO<)--~I ,/ Q, : :~.., /.If==i \ : II I I -==b=================~~ ",' :~J '" rill t=", 11 r \ :~) :: "- l}-_-_-_-_-b ~~J -... LI il ~ ~ ~~~I \!' ~~ '\J -iil!:1 ~ ~~ ~ti ~ ~i fgl~ ~ ... LJ .. ~ "'" \/) ~-l 9" r.~ ~B~n ~'n~S I~{;~ ~ ~ d . Floor Plan-Tenant La':jout::. ELK RIVER BUSIN!ESS PARK ELK RIVER, MINNESOTA ~. '" Ollu::n e.....,............ o. ...... f I ,.. ~ ~ _0 ~:B ~~ n 1!lIiW~ lIiil i,i~ illl! ili ~ ~ I' ih~ 'Ill If.... ;:, 1'5"