5.4. PCSR 04-13-2010REQUEST FOR ACTION
To Item Number
Plannin Commission 5.4.
Agenda Section Meeting Date Prepared by
Plannin Items Aril 13, 2010 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by City of Elk River for Ordinance Amendment erem Barnhart, Plannin Mana er
Relating to Commercial Recreation Facility in Residential Reviewed by
Zoning District, Public Hearing -Case No. OA 10-04
Action Requested
Staff recommends that the Planning Commission recommend approval of the Ordinance Amendment
request.
Background/Discussion
City staff has been approached by Spectrum High School for an ordinance amendment to allow
commercial recreation facilities in residential zones, as they have received a tennis dome as a gift from a
fitness center.
On March 15, 2010, the City Council gave staff authorization to pursue defining possible changes to the
zoning ordinance that may permit a commercial recreation type facility in a residential zone.
Attachments
• Draft Ordinance
Overview
State law does not permit a charter school with Spectrum's length of service to own property or land. A
third party must own the structure and the land it sits on.
High schools are institutional uses which are permitted in residential zones as a conditional use. A
conditional use review frequently includes such accessory features as lighted athletic fields, gyms, parking
lots, etc. Because the tennis dome would not be owned by Spectrum High School or on High School
property, this use cannot be reviewed as an accessory use to the school.
Spectrum is considering partnering with a third party who would own and operate the tennis dome on
property adjacent to Spectrum High School. For this to occur, carefully constructed amendments to the
zoning ordinance will be necessary.
Staff does not support commercial recreation in residential zones in general, but can see the benefit when
such a use (perhaps run by anon-profit) is primarily accessory to a high school.
Some of the concerns staff has are, is it a principal use or an accessory use, maximum height allowed,
setbacks, hours of operation, and lighting.
Case File: OA 10-04
Page 2
Commercial Recreation in Residential
City of Ell: River
In many of the residential districts, accessory structure setbacks are only five feet from side and rear
property lines. Locating an accessory commercial recreation facility that closely to a property line could
have a negative impact on an adjacent property. Setbacks can be addressed through conditions of the
Conditional Use Permit (CUP). Also with a dome type of structure, how much light would be emitted?
Although staff does not support commercial recreation in residential zones, a draft ordinance has been
created for review which allows commercial recreation, as a CUP, on a parcel that is 20 acres or larger
that either has a principal institutional use on the property or is adjacent to a property that has an
institutional use.
Action Morton by Second by Vote
Follow Up
S:\Community Development\Planning Ibiain\Case Files\OA\OA 10-04 Comm Rec\OA 10-U4_PC.doc
Draft Ordinance
Section 30-991
(d) Conditional uses. Conditional uses in the R-1 districts are as follows:
(1) Conditional home occupations.
(2) Fairground facilities.
(3) Golf courses and country clubs.
(4) Governmental offices.
(5) Temporary mobile homes used as a residence.
(6) Institutional uses.
(7) Licensed day care facilities in institutional buildings.
(8) Agricultural uses in the R-1a district (less than five-acre lot size).
(9) Agricultural uses in R-1b, R-1c, and R-1d districts (five-acre minimum lot size).
(10) Feedlots in the R-1a district.
(11) Commercial kennels in the R-1a district.
(12) Private kennels on parcels less than five buildable acres or lots located in cluster
subdivisions.
(13) Truck tractor and/or trailer parking (platted parcels or parcels less than five acres in
size within the R-1a district).
(14) Cooperative gardening in preserved open space.
(15) Horticulture and floriculture services in preserved open space.
(16) Private stables in preserved open space.
(1'~ Wayside stands in preserved open space.
(18) Therapeutic massage and sauna establishments operated as a home occupation.
(19) Cemeteries minimum lot size four acres.
(20) Non-homeowner-occupied bed and breakfast establishments, located on a collector
street or above, as identified in the city's comprehensive transportation plan, shall be a
conditional use in all residential districts, provided the use complies with the following
criteria:
a. Off-street parking shall be provided at a rate of one space per guest room plus those
required for the single-family use. Apiggy-backed or tandem parking arrangement is
permitted.
b. Off-street parking shall be provided on an existing driveway.
c. Signage shall be limited to one freestanding sign, not to exceed four feet in height and
eight square feet in size, and one wall sign not to exceed four square feet in size. Signs shall
not be illuminated.
d. The exterior appearance of the structure shall not be altered from its single-family
character.
e. The proposal shall comply with all building and fire code requirements.
(21) Commercial Recreation, on parcels twenty (20) acres or greater in size, which
either has a principal Institutional Use on the property or is adjacent to a property
that has an Institutional Use.