5.5. PCSR 08-14-2007.^~/
City of
Elk -..-1
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 5$
Agenda Section Meeting Date Prepared by
Plannin Items Au ust 14, 2007 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by P.S. Dance for Interim Use Permit to allow Physical
Recreation/ Training facility (dance studio) in Business Park, Reviewed by
Case No. CU 07-23 -Public Hearing
Action Requested
Staff supports a Planning Commission recommendation of approval of the Interim Use Permit request,
with the following conditions:
1. As an Interim Use Permit is not a Building Permit, the applicant shall apply for all
require permits.
2. The building shall meet all applicable building codes.
3. The building shall meet all applicable fire codes.
4. Interim Use Permit shall expire on December 31, 2010
5. The applicant and business owner shall provide proof that the lease is consistent
with the timeline established by this interim use permit.
Background/Discussion
PS Dance desires to relocate from their studio in downtown Elk River to a location more fitting of their
needs. The City Council is considering a Zoning Ordinance Amendment that would allow this type of
use (Physical Recreation/ or Training) as an interim use. This staff report is drafted based on the City
Council approving that zoning ordinance amendment (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 Ordinate.
Attachments
Location Map
Applicant's Narrative
Case File: CU 07-23
Page 2
General Information
PS Dance
Pat Briggs and Pam Sitts
Applicant Pam Sitts on behalf of Pat Briggs, property owner
60 Day Rule The application has been deemed complete as of August 7,
2007. The City must take action by October 7, 2007
Requested Action Interim Use Permit
Location and Size Elk River Industrial Park, 11110 Industrial Circle
Location Existing Use Land Use Plan Designation Current Zoning
Subject
Property Vacant Industrial
Building Light Industrial (LI) BP
North Industrial LI BP
South Industrial LI BP
East Industrial LI BP
West Industrial LI BP
Overview
The applicant desires to relocate their business from downtown Elk River to approximately 5,000 square
feet in the Briggs Business Center.
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 M-F, and Saturday
mornings.
Further information is included in the attached applicants narrative.
Applicable Regulations
Interim Use Permit
The issuance of a Interim Use Permit can be ordered only if the use at the proposed location:
7. I-Y/ill not endanger, injure or detrimentally affect the u,re and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood ar the
~y.
2. lYlill be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
S:APLANNING\Case Piles\C[JP\CU U7-23 1'S Dance\CU 07-23_PC.doc
Case File: CU 07-23
Page 3
PS llancc
Pat Briggs- and Pam Sitts
4. lYlill 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 ystems, parks and schools; and
mill not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public
thoroughfares.
5. lYlill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. lYlill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Dill 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 czty.
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.
Based on the review of the standards, it appears the use will be consistent with most, although the
consistency with the comprehensive plan could be open for discussion.
Analysis
The applicant is requesting an interim use permit fox 5 years, to December 31, 2012. This is inconsistent
with other IUP's, where the city has typically allowed only three years. The challenge at the end of the
term, whichever term that is, will be to convince is viable business that they need to relocate.
Respectfully Submitted
Jeremy Barnhart, AICP
Planning Manager
Action Motion by Second by Vote
Follow Up
S:APLANNING\Case Files\CUP\CU 07-23 YS Dance\CU 07-23_PC.doc
~G'l ~ ~ ~~ ~ ~ ~ ~r~r ~ 7, ~ ~ "T l I -
I f~rr t'~~ e~ 1 i J ~
~owyv~uo~u~' ~~~~[~'I~'b1~~ ~
T _
~ ''I ~ ~ I
~ _ -
i
II
t
'~
i
a >77'/CV ti ~ `~ ~
-
_
.
___
-__
.--..r.--rte 1 - ~ f
~
'- ~~~.~~
~~ I I
Y
I ~ ~
'....
}I
i
)~
11t,~1 ~ _ /
~ ~~ i
~~
_
L
t ~~
~p
6 I ~ ~ ~~ 4I
I ~~~ ~
I
~
1 ~
~ ~~__ I
T
L
~
l~ .~.
l
~~. ~
~ ,
.~
I
t I I-
~
_
II ~ I ~
~+
u
+ L 4' ~ I ~~~~ -
l i l
d~
~~
L
_
i_ _
i
~
~
yl
Y ~,
+~~F~ + + +
+ k-
R
~~~~, off,
l
`\
;
~~
f
~ ,
- ~
+~
'
1
~
` ~; ~~
I ~
,~ j~,~
~ t3i~ ~ ~ i ~
I
I ,a 4
1 ~
~~ ~
(1~
',
,,~ ~3° ,4,~~
~._ ~ } 9q-~ ~~~~~, -71i
~
1
t '_'
~
II
_ 11 ~~
~ i y
~' I
~
l~ , 1 I
~ ~I
I ~
~
t
• F
_
1 1 ~
I
~
~ i ~~
I
~ I i i
i
l
I~f T,
{
\
;
~~ 1 ~~ ~ I I
t
~
~
~
F
~ ,
I
1~ C II
~
J ~
~
»
_
t - r -...
1 B
I ,'
C~~ ~ ~
l
~
~.
- I _.. _ _ - _ _. .
~
-
i ~
I _ _
I
I
I
iL
~ ~ ~ L_... 1 _
I
I
` i
l
_
VI ) ti~ F ~
~ L I
--
t
i
~
J
I ~
~ ':.
_,_
n n
i
'' .~'
R ~
k
~
~ ~;
I
~~
.~_
{
~~
~
,, _ .
~~
~
.
-~ 1
V ~
, ,
~ ~~ o~ ~~
, _
, , ~ ~C 1,~~~~
~
I __
~
~ ,~ ~ ,
,~
~
rl
~ ,
~
~~~
{
~TTF,
1
~' Location Map
cty or N
El -~-~
''`" Case Number: CU 07-23 (INTERIM USE) PS DANCE
River
lUY
From : ~~~> [+] Date : Tue, 7 Aug 2007 01:36:11 -0500
To : +]
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) Application to allow our business, PS
Dance, Inc. to relocate and operate in space located in "The Briggs Business Center" at
11110 Industrial Boulevard, Elk River, MN, 55330. 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 discussed at the City Council meeting on
July 16' 2007, we aze requesting a five yeaz IUP for this facility. A five yeaz permit is vital
to reduce business expenses related to the move and construction and to avoid losing
students from frequent physical relocation of what is considered a "destination" business.
We have operated PS Dance Studio in Elk River for 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 the meets our business goals.
Our normal hours of operation are 4:30 pm to 9:30 pm Monday through Thursday.
In addition, we aze 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 noon.
We have six instructors and two administrative assistants who are employees. We
offer ballet, jazz, lyrical and tap dance instruction to approximately 400 students aged 3 to
50+.
One of the desirable features of this new space is the reduced and more managed
traffic flow which offers safer access for students and parents entering the studio. Another
feature is the extra high ceilings which aze safer for lifts, jumps and other gymnastic types
of activities and for students performing on elevated props and stages.
During business hours our normal parking requirements are from 15 to 20 cars.
The available parking at the Briggs Business Center is 48 stalls. The parking and access
that is available during our hours of operation is precisely 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 standazd size sign at or neaz the front door consistent with the
established and approved sign theme for the building. We will also need one strip sign for
the lazger entrance monument sign at the Briggs Business Center indicating PS Dance Inc.
is one of the tenants.
All building materials and construction techniques used in constructing and
customizing the interior space within the Briggs Business Center will comply with existing
Page 1 of 2
http://mail.danceart.net:32000/maiUviewaction.html?id=a7afc7fb250e61 f41 b62dbb99cd4a2... 8/7/2007
IUP
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 approximately 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 students and a healthy atmosphere for the
youth of the community. Your approval of this request will offer awin/win situation for PS
Dance and The Briggs Companies as well as the city 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.
Sincerely,
Pamela Sitts, President
PS Dance, Inc.
604 Railroad Drive
Elk River, MN 55330
Phone: 612-805-6964
Email: psdance@danceart.net
Page 2 of 2
http:l/mail.danceart.net:32000/maiUviewaction.html?id=a7afc7ft~250e61 f41 b62dbb99cd4a2... 8/7/2007