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5.1. SR 06-16-2008REQUEST FOR ACTION To Item Number Ci Council 5.1. Agenda Section Meeting Date Prepared by Community Development June 16, 2008 Chris Leeseberg, Park Planner/Planner Item Description Reviewed by Request by C & P Properties, LLC for Interim Use Permit for erem Barnhart, Plannin Mana er Additional Temporary Classroom, Public Hearing -Case No. Reviewed by CU OS-11 Action Requested Staff and the Planning Commission recommend the City Council approve the interim use permit request, as illustrated on drawings dated 4-28-08, with the following conditions: 1. All comments of the public works director memo dated May 20, 2008 shall be addressed. 2. All comments and conditions of the Sherburne County memo dated May 13, 2008 shall be addressed. 3. As an interim use permit is not a building permit, the applicant shall apply for all require permits. 4. The temporary access shall be permitted as shown until enrollment reaches 285 students and/or when the permanent building is constructed. At that time, a permanent access shall be constructed at the Johnson Street alignment with required turn lanes as required by Sherburne County. 5. If any additional temporary classrooms are required, the applicant shall apply for an amendment to the interim use permit. 6. A wetland buffer of 25 feet apply to all wetlands and a structure setback of 20 feet from the buffer applies. 7. If an NPDES permit is required, it shall be obtained prior to construction. 8. 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. 9. The interim use permit shall expire on July 1, 2010. Summary In July 2007, the applicant received an interim use permit (IUP), CU 07-13, to install a temporary class room. Spectrum plans a permanent building on the site, but must first reach a student population of 285 to be eligible for additional funding. The 285 represents no change in population from the original proposal. They wish to install an additional 6,860 square foot temporary modular building for classrooms. This building will be comprised of seven units. S:\PI,ANNING MAIN\Case Files\CUP\CU 08-11 Spectrum (C and P Prop)\CU 08-11_CC.doc Planning Commission Discussion The major question the Commission had was if this additional temporary space would accommodate the final number of 285 students. It was stated by the applicant it will be very close to accommodating that number of students. They will be installing four of the seven units shown on the site plan this year and the remaining three units next year. The Planning Commission unanimously recommended approval of the request. Public Comment There was no public comment. Attachments • Staff Report to Planning Commission dated June 10, 2008 • Site Plan Exhibit dated 6-11-08 Action Motion by Second by Vote Follow Up S:\PLAIVNING MAIN\Case Files\CUP\CU 08-11 Spectrum (C and P Pxop)\CU 08-11_CC.doc Ji .~.,.~. Elk River REQUEST FOR ACTION To Item Number Plannin Commission 5.1 Agenda Section Meeting Date Prepared by Plannin Items une 10, 2008 Chris Leeseber ,Park Planner-Planner Item Description Reviewed by Request by C & P Properties, LLC for Interim Use Permit for erem Barnhart, Plannin Nlana er Additional Temporary Classroom, Reviewed by Public Hearing -Case No. CU 08-11 Action Requested Staff recommends that the Planning Commission recommend approval of the Interim Use Permit request, as illustrated on drawings dated 4-28-08, with the following conditions: 1. All comments of the Public Works Director memo dated May 20, 2008 shall be addressed. 2. All comments and conditions of the Sherburne County memo dated May 13, 2008 shall be addressed. 3. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all require permits. 4. The temporary access shall be permitted as shown until enrollment reaches 285. students and/or when the permanent building is constructed. At that time, a permanent access shall be constructed at the Johnson Street alignment with required turn lanes as required by Sherburne County. 5. If any additional temporary classrooms are required, the applicant shall apply for an amendment to the Interim Use Permit. 6. A wetland buffer of 25 feet apply to all wetlands and a structure setback of 20 feet from the buffer applies. 7, A NPDES permit is required prior to construction. 8. A letter of credit in the amount of 100% of the cost of the landscape, site stabilization improvements, t®a maximum of $50,000 shall be submitted prior to the releasing of the Building permit. 9. The Interim Use Permit shall expire on July 1, 2010, Background/Discussion In July 2007, the applicant received an Interim Use Permit (IUP), CU 07-13, to install a temporary class room. Spectrum plans a permanent building on the site, but must first reach a student population of 285 to be elgible for additional funding. The 285 represents no change from the original proposal. Case File: CU 08-11 Page 2 Attachments • Location Map • Memo from Public Works Director dated May 20, 2008 • Memo from Sherburne County Public Works dated May 13, 2008 • Memo from Fire Chief dated May 20, 2008 Applicant's Narrative • Site Plan(s) • Architectural Drawing(s) General Information Spectrum High School C&P Properties Applicant C&P Properties 60 Day Rule The application has been deemed complete as of May 8, .2008. The Ciry must take action b June 28, 2008 Requested Action Interim Use Permit for Temporary Class Rooms Location and Size Spectrum High School Location Existing Use Land Use Plan Designation Current Zoning Subject Property Residential Urban Residential R1d Single Family North Residential Urban Residential R1d South Residential Urban Residential R1c Single Family East Residential Urban Residential PUD West Residential Urban Residential R1d Overview Spectrum High School, as part of their Interim Use Permit (IUP), wishes to install a 6,860 square foot temporary modular building for classrooms. The building will be located west of the future proposed high school along the west property line, and southwest of the existing modular building. It is the understanding that the current enrollment is approximately 130 students. They need the second unit in order to reach an enrollment of 285 students; at this point the school can bond for construction for a permanent building. This is the number of students that was discussed with the original IUP from July 18, 2007. S:\PLANNING MAIN\Case Files\CUP\CU 08-11 Spectrum (C and P Prop)\CU 08-11_PC.doc Case File: CU 08-11 Page 3 Applicable Regulations Interim Use Permit Spectnim High School C&P Properties In determining whether to authorize an interim use, the Planning Commission and City Council shall consider the following criteria: 7. 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 propery rarill be left in suitable condition after the use is terminated. 3, The use is similar to uses defined in the honing district in 2vhich the proper y is located. 4. The date or event that mill terminate the use can be identified with certainty. 5. Authorising 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 authorisation 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 urith the city, or provide some other form of security, to ensure compliance with this criteria. 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 30-658. In the review of the standards for IUP as outlined, it appears that the request is consistent with all of these standards. 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. The challenge with shifting the access to the west (lilting. 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 be built 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. S:\PLANNING MAIN\Case Files\CUP\CU 08-11 Spectrum (C and P Prop)\CU 08-11_PC.doc Case File: CU 08-11 Page 4' Spectrum High School C&P Properties 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 The applicant planted a row of thirteen autumn blaze maple trees along CSAH 12. They are proposing to add 12-feet of bituminous, giving parking stall depths of 20-feet. The bituminous surface would be 5-feet from the trees. The stalls could be reduced to 18 '/a -feet to provide more area from the bituminous surface to the trees and be consistent with the ordinance. 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. Safe During severe weather, a 70 x 40 concrete block building east of the modular building has been constructed and will be retained. Action Motion by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\CUP\CU 08-11 Spectrum (C and P Prop)\CU 08-11_PC.doc E ~ ~ L ~' ~ / ~ > ~, = P ~ z L79'st 'M _ ) \~ ' ~ ll ~ I I I, ~ ~ _ - ~ O ! ' iJ ~ \ -~ I ROYAL VALLEY I -' ~ - ~_ _ r ~ PARK i ~ 190th LN I ~' d ~ ~ C ~ T Y ' i _ ~ % ~ ~ ~ J~ ~ 1~9 tC~h AVE ) +~ .. _ ~ / LA E \~ 'iTA~~S I !~ i ~ I 1 \ \ ~'i ~ I i ~ ~. I 1\ ~ g f ~ \ p ~ I ~ u 7--~ 7~ ~ ~~ _ ~ ~ _ 1 - _ _~ ~- \---~ J FUT~ J _-_ ~ ~ ~~~ - ~ ~ ~ ;~~ cirY / ~ ~ -- ~J! 1 f c ~ ~ ` i _. nth ~' I 1 18 \ ~ / T r;\ F_ o ~ - / BIRCH MEADOW l I H ~~rr ~ -T~ ~ PARK '~ L -= I ~~I ~ \ ' ~i ~ I ~ ~~ i '~ II~ I I ~ l ~ - .. ~- ~1 41 O S ~ t ~ L.~ J1. T E / m ~I. 0 S 1 - tyi i v / I I~ ~ ~,1~. -I'" rI ~ a ; I > ~ T j'I~f I' _fl i ~ lL ~ m ~ II ~ 1 ' ~ ~Y ~I f I % / ~ ~ o , r_ -~ ~ ~ ~ ~ ~ ~ __ f.-. _ I~ ~ ~ - TROTT BROO I ~ -'-~ _ FARMS PARK ~ 'fir t. I r; SITE ~ _ ' r ~ / ~ ~ BF ~ T o fl ~ ~ l ~"~/ ~ ~~ I t ~ / /I ~ / -. I ,~ ___ r_... a ~ ~ ~~ r ~ / ~ ~ j ~ L~ ILA $ ~ ~~WW ~` `" _.. _ \ ,g 'k, _ x - -'F'- - ~ ~ .... 181st AvE _ I ~ i _ p I~i~ ~ ~ -~ 41 I I ~R L -~ ~~' M~ _ _ _~ COUNT R7 l~ I _ _ __~ ~ _ ' 7_ TT~ i I /i. ~ - ~I ~ vi ~ ..J ^ I - __ - ~ f y .~ ~ ~ ° o ~ ~ /9 ih AVE-\,}I~II `uJI O` ~-t~ -- I `I I C ~ VVV ~ ~ ~ ~~ ~ ~y - ~ -- E ~ ~~LJ ! J~~ - o ~ J KLEIVER L4KE ~~( ~- 1 ~~ `' ~ FIELDS PARK ~ i 1r J ~ f ~ (~~ ~ UtiTRIAL CIR Y~I_ - _` - HILLSIDE an - -._ PARK ~ ~ I ~I v ~ / ~~r % ~ ~~ I I. F-I -- 1 _ i w ~ I I o ~ 7 - , C ~ ~I_ N ~ ~ ~ ~ 1 / ~ J _ 178{ ~ AVE I]]I ~ ~ ~ K~e.m i~ ~ ~ / i ~ _._~ ~ ~ ~ gS ~ ~ ~N V ~ ~ ~ ~~~ ~ ~ ~ II ~ `E -~ 1~w , /~~~ ' - \ ~ 1 ~ ~ ~ > - - ~ ~ --- i - ~ ~ ~o - ~~ -~ Private Drives ~~ Location Map ~~t of N y El -~-~ "~" Case Number: CU 08- I I SPECTRUM HIGH SCHOOL River ~~~ ~- Ver MEMORANDUM TO: Sheila Cartney, Senior Planner FROM: Terry Maurer, Public Works Director f`; a` ~ P~'~ Lt - DATE: May 20, 2008 SUBJECT: Spectrum School Request for Temporary Classrooms File #226-171P As requested, we have reviewed the Spectrum School request for additional modular classroom space. It is my understanding that the current classrooms now have an enrollment of approximately 130 students. The request is to add up to seven additional modular classroom spaces which will allow the student population to grow to 285. It is at that point that the school has indicated they will be allowed to bond for the construction of the permanent 62,000 square foot school that will house a population of approximately 600 students. My only concern with this issue is that it be coordinated with Sherburne County. As you axe aware, the current access onto CSAH 12 was granted as a temporary use when the first modular classrooms were placed on the site. The County anticipates and will require a permanent intersection that lines up with Johnson Street to the west and the closing of the temporary access point when the permanent building is constructed. It is unclear to me as I have not seen the temporary permit for the current access if there are any trigger points in between caused by placement of these modular buildings that would require the permanent access point to be constructed. I would suggest that a condition be placed on the approval of these modular buildings requiring Spectrum School to get a letter from Sherburne County clearly stating the conditions for the temporary access and the trigger points at which a permanent access must be constructed. If you have any questions regarding this issue, please contact me. S:\PLANNING MAIN\Case Files\CUP\CU 08-11 Spectrum (C and P Pzop)\OS 20 08 engrs comments.doc Sherburne County PUBLIC WORKS DEPARTMENT ~A~ 'i ~ ~L~®$ 13880 Highway 10 Elk River, MN 55330 (763) 241-7000 Fax ~ (763) 241-7001 May 13, 2008 City of Elk River Attn: Chris Leeseberg City Hall 13065 Orono Parkway Elk River, MN 55330 RE: Spectrum High School Expansion Concept Revised Dear Mr. Leeseberg: Public Works has reviewed the proposed concept expansion for Spectrum High School that was presented at the February 5t" & April 8t" , 2008 site plan review meetings at city hall. We offer the following comments for your consideration. The existing access is conditional and temporary; there is no indication of how or where this proposal will manage traffic at the future permanent access point. When the permanent access is constructed the temporary access shall be removed by excavation and a left turn lane constructed on CSAH 12 per the letter from the County Engineer dated June 27, 2007. The proposal needs to provide a connection to the adjacent western parcel to include the alignment of Johnson Street and illustrate where the permanent access is to be located accessing Johnson Street (north). This location may become a four legged intersection; therefore when choosing this location it is necessary that the City consider the needs of the Froland property. The stacking area on the future Johnson Street for CSAH 12 should be maximized by locating it north of the modular building shown on the plan. The plan indicates an abundance of outdoor activity/use; however very limited adjacent parking is provided with the present layout. Convenient parking with a direct route to the various parking areas utilizing some method for traffic calming or control is necessary. The drawings , emphasize land use on the site (fields, buildings, storm ponds etc.) and appears to minimize traffic flow, safety, convenient parking and the overall layout of the ultimate campus. At some point it may be necessary to consider fencing the CSAH 12 border to control pedestrian crossings. Please call if you have any questions or comments (763-241-7013). On 5/12/08 Ed Youngquist provided a new drawing by email to Terry Maurer, Jeremy Barnhart and I that does acknowledge a future Johnson Street. I have also had discussions with both Mr. Youngquist and Mr. Lucas and indications are that the void between us is relatively small; nonetheless we lack a line by line understanding. It's more, trust us! There remain a number of questions and concerns that can only be evaluated by Planning Commission and City Council. If you have any questions call myself at 241-7013 or John Menter at 241-7005. Sincerely, ~~ f~i'_ Richard D. Corbin Sherburne County Public Works Cc: Terry Maurer, City Public Works Director John Menter, County Public Works Director Jeremy Barnhart, City Planning Director Edward Youngquist, Riverside Companies David Lucas, Board Chair Spectrum School ver MEMORANDUM TO: Sheila Cartney, Senior Planner FROM: Bruce A. West, Fire Chief DATE: May 20, 2008 SUBJECT: Site Plan Review Meeting of Tuesday, May 6, 2008 The site plan review committee met on Tuesday, May 6, 2008 and I would like to make the following comments: 1. Variance -Reduced lot frontage case V08-07 The Fire Department has no concerns. 2. Interim Use -temp classroom case CU 08-11 The Fire Department has no concerns. 3. Subdivision -Renner 4`'' case P08-05 Any proposed new building applicants shall meet with Fite Marshal Cliff Anderson to discuss any questions to ensure compliance with the International Fire Code. 4. Site Plan Review -Commercial/retail case SP 08-08 Any commercial/retail shall meet with Fire Marshal Cliff Anderson to discuss any questions to ensure compliance with the International Fire Code. If you have any .other questions, please feel free to call me at the Elk River Fire Department at 763.635.1105. RIVERSIDE Riverside Development Company Pioneer Investments, LLC LC Development, LLC April 28, 2008 City of Elk River -Planning Department 13065 Orono Parkway Elk River, MN 55330 Phoenix Enterprises, LLC CM Points Holdings, LLC Franklin Development Inc. RE: 2009 Spectrum High School Expansion -Project Narrative In May of 2007, the City of Elk River granted Spectrum High School an Interim Use Permit to operate their educational facility at 10129 181St Avenue NW in Elk River. The school currently operates out of a modular building. In order to reach an enrollment of 285 students (the point at which the school can bond for construction of the permanent building), a second set of modular classrooms needs to be added to the site. The enrollment at the school is increasing and the City's sunset date to occupy the permanent building is very attainable. 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 2008-2009 school year is 180-200 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 50 staff members will be needed to accommodate the projected enrollment. The Preliminary Site Plan demonstrates meeting parking requirements for the interim use with the addition of 28 parking spaces along C.S.A.H. No. 12. 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 preserves the natural features of this parcel. The property is environmentally very sensitive. The existing modular facility and parking area is located closer to C.S.A.H No. 12 -away from Trott Brook. The proposed modular classrooms are located south and west of the existing modular building -even further away from Trott Brook. The site plan demonstrates meeting the setback requirements for building and parking in an Rld zoning district. All construction is proposed outside of the current Flood Plain with no wetland mitigation needed and minimal tree impact. A soils report prepared by ITT dated June 16, 2000 suggests typical construction practices with spread footings for building foundations and a R-30 pavement section (1.5/2/10-7 ton and 1.5/3/12-9 ton). The subsurface water table was observed between 5 and 8 feet. The school is currently served with city sewer and water. The expansion COMPANIES 19230 Evans Street NW ® Suite 115 ® Elk River, MN 55330 Phone: 763-241-1801 • Fax: 763-241-1399 RIVERSIDE Riverside Development Company Pioneer Investments, LLC LC Development, LLC COMPANIES ___ Phoenix Enterprises, LLC CM Points Holdings, LLC Franklin Development Inc. utility plan shows the extension of a water and sanitary sewer service, along with a 15"HDPE storm sewer overflow pipe. The site is also served by ERMU and Northstar Access. The exterior of these temporary buildings can be very attractive (See Architect Plan). Landscaping can be incorporated as screening (See Landscape Plan). The modular classrooms must comply with all local and state building codes. The required Accessory Building used as a severe storm shelter is in place and can accommodate well over 500 students and faculty. It is the hope of Riverside Companies and Spectrum High School that the City of Elk River will grant us this Interim Use Permit. Please contact me with any questions or if additional information is needed. Thank you. 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