HomeMy WebLinkAbout9A - Gymnastic Schools
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
CITY COUNCIL AGENDA REPORT
JULY 15, 2002
9A
DONALD RYE, COMMUNITY DEVELOPMENT DIRECTOR
CONSIDER APPROVAL OF ORDINANCE AMENDING
SECTION 1102.1403(6) OF THE ZONING ORDINANCE
RELATING TO GYMNASTICS SCHOOLS IN THE C-5
ZONING DISTRICT
History In June of 1998, the City Council adopted an amendment to
the zoning ordinance that permitted gymnastics schools in the C-5
(Business Park ) District as conditional uses. Subsequent to the
adoption of the amendment, a conditional use permit was approved for
Gleason's Gymnastics School in a building on Fish Point Road.
Recently, Mr. Gleason contacted the City because his lease is up and
he is looking for new space in the City's Business Park. He also
indicated a need for more room and expanded hours of operation. The
City Council asked the Planning Commission to consider an ordinance
amendment that would increase the maximum size of a gymnastics
school and expand thehours of operation.
On June 24th, 2002, the Planning Commission held a public hearing on
a proposed amendment that would have increased the maximum floor
area to 10,000 square feet and eliminated restrictions on hours of
operation. Following the hearing, the Planning Commission had a
lengthy discussion of the request (see attached minutes) and suggested
some modifications to be attached to the conditions. The additional
conditions related to a refinement of the parking requirements and a
condition that the pick-up/drop-off area be physically separated from
the truck loading area. The attached ordinance language reflects the
Planning Commissions recommendation.
As was the case the last time this issue was considered, the primary
issue is whether the Council believes a gymnastics school is a proper
use in the C-5, Business Office Park District. One of the related issues
with this case was the potential impact of this use on the TIF District
in which the proposed site is located. All private buildings in the C-5
District are in a TIF District with the exception of the new Norex
building under construction. One of the restrictions placed on these
162e(jJ~J9ft{'~W~fr1J&~Ogi~:~?tl~prt~~d,5~.tWfiesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
buildings by State statute is a limitation on the amount of floor space
that can be devoted to non-manufacturing or warehousing uses. A
maximum of 15% of a buildings floor area can be used for non-
qualified uses. If the non-qualified occupancy of a building exceeds
that figure, the City is essentially required to decertify the TIF District,
thereby eliminating whatever remaining assistance was called for
under the Developer's Agreement.
Some communities, such as Bumsville and Eagan, do allow uses such
as gymnastics schools in their Industrial districts as permitted uses.
Approving the ordinance amendment will not, in and of itself, have
any impact on the existing TIF District nor will granting the
conditional use permit. However, ifthe gymnastics school were to then
occupy more than 15% of the building, the City would have to
decertify the TIF District.
Conclusion If the Council feels the ordinance amendment is
appropriate, the attached ordinance addresses the issues considered by
the Planning Commission. The Council may add to these conditions if
deemed necessary.
1. Adopt the attached ordinance
2. Adopt the attached ordinance with modifications
3. Deny the attached ordinance
4. Continue the case for specific reasons
As the Council deems appropriate
V-cH-
Frank Boyles, City Manager
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CITY OF PRIOR LAKE I )
ORDINANCE NO. 02-~
AN ORDINANCE AMENDING SECTION 1102.1403(6) OF THE PRIOR LAKE
CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 1102.1403(6) of the Prior Lake City Code is hereby amended to read as follows:
(6) Gymnastics Schools. Conditions:
a. The use shall occupy no more than 10,000 square feet of floor area in the principal structure.
b. One parking stall per 300 square feet of floor area or 1 stall per 2 students shall be provided,
whichever is greater.
c. The use shall provide a designated drop-off/pick-up area for students that is physically
separated from truck loading and unloading areas.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this .15th day of July, 2002.
ATTEST! sI
City Manager
/J)
Mayor /
) ES; NO
HAUGEN T HAUGEN
GUNDLACH I GUNDLACH
LEMAIR I LEMAIR
PETERSEN PETERSEN
ZIESKA ZIESKA
/
Published in the Prior Lake American on the 20th day of July, 2002.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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PAGE 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING REPORT
PUBLIC HEARING:
DATE:
4A
CONSIDER AN AMENDMENT TO THE ZONING
ORDINANCE TO INCREASE THE PERMITTED SIZE
OF GYMNASTICS SCHOOLS IN THE C-5 (BUSINESS
PARK DISTRICT) AND EXPANDING HOURS OF
OPERATIONS
N/A
DONALD RYE, COMMUNITY DEVELOPMENT
DIRECTOR
_X_ YES _NO-N/A
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
INTRODUCTION: In June of 1998, the City Council adopted an amendment to the
zoning ordinance that permitted gymnastics schools in the C-5( Business Park District) as
conditional uses. Three conditions were included as conditions of approval. These
conditions are:
1. The use occupies no more than 4,000 square feet in the principal structure.
2. Hours of operation are limited to 5:00PM to 11 :00 PM, Mondays through Fridays,
and 7:00 AM to 11 :00 PM on Saturday and Sunday.
3. A minimum of one parking space per 300 square feet of floor area is provided.
Subsequent to the adoption of this ordinance amendment, a conditional use permit was
approved for Gleason's Gymnastics School in a building on Fish Point Road in the
Business Office Park. Recently, Mr. Gleason contacted the City because his lease is up
and he is looking for new space. He also indicated he needed more room and expanded
hours of operation. The City Council has asked the Planning Commission to consider an
amendment that would increase the maximum size of a gymnastics school in the C-5
District and expand the hours of operation.
DISCUSSION: When the original ordinance was adopted, there was considerable
discussion about the appropriateness of the use in the C-5 district. The staff concluded at
that time the use was not appropriate for the zoning district but the Planning Commission
felt it was. The conditions that were attached were felt to be appropriate for the use.
When the school was originally opened, there were complaints from other tenants about
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16200 E~gle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
par~ng and noise. These issues were addressed by signing parking for the school and
adding sound barriers to the space occupied by the school. The school has lost its lease at
the present location and has been looking at occupying 10,000 square feet in another
building in the Business Park. However, due to the size limitations and hours of operation
as well as problems with the TIF district on the proposed property, they have been unable
to move in.
The issues to be decided are whether the Commission feels it is justified to increase the
allowable area of a gymnastics school to 10,000 square feet and to remove or greatly
reduce the restrictions on hours of operation. As noted above, one of the problems
associated with the present operation was parking, particularly when classes changed and
parents were picking up and delivering children to their classes. One of the conditions is
to provide one parking stall for each 300 square feet of floor area devoted to the school.
The restriction on hours of operation was designed to minimize the conflicts between the
school and other land uses in the Business Park. Expanding the size of the school could
lead to greater conflicts, depending on the size, location and site circumstances of the
building the school is located in. These issues could be addressed as part of the
conditional use, however, and additional conditions could be added that address the
problems peculiar to each property.
If the Commission recommends favorably on the ordinance amendment, the amended
language would reads as follows:
Conditional uses in the C-5, Business Office Park district
(6) Gymnastics schools. Conditions:
a. The use occupies no more than 10,000 square feet in the principal structure.
b. A minimum of one parking space per 300 square feet of floor area is provided.
ALTERNATIVES:
1. Recommend approval of the proposed amendment.
2. Recommend approval of the amendment with specifies modifications
3. Recommend denial of the proposed amendment
RECOMMENDATION: As the Planning Commission deems appropriate
ACTION REQUIRED: Motion and second
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PLANNING COMMISSION MINUTES
MONDAY, JUNE 24, 2002
1. Call to Order:
Chairman Stamson called the June 24, 2002, Planning Commission meeting to order at
6:30 p.m. Those present were Commissioners Atwood, Ringstad and Stamson, Planning
Coordinator Jane Kansier and Recording Secretary Connie Carlson.
2. Roll Call:
Atwood
Criego
Lemke
Ringstad
Stamson
Present
Absent
Absent
Present
Present
3. Approval of Minutes:
The Minutes from the June 10, 2002, Planning Commission meeting were approved as
presented.
4. Consent:
5. Public Hearings:
Commissioner Stamson read the Public Hearing Statement and opened the meeting.
.,.....-;. Case File #02-070 - Consider an Amendment to Section 1102.1403(6)
I ~Gymnastic Schools in the C-S Zoning District) of the Zoning Ordinance.
Planning Coordinator Jane Kansier presented the Planning Report on file in the office of
the City Planning Department.
In June of 1998, the City Council adopted an amendment to the zoning ordinance
permitting gymnastics schools in the C-5 (Business Park District) as conditional uses.
Three conditions were included as conditions of approval.
1. The use occupies no more than 4,000 square feet in the principal structure.
2. Hours of operation are limited to 5:00PM to 11 :00 PM, Mondays through Fridays,
and 7:00 AM to 11 :00 PM on Saturday and Sunday.
3. A minimum of one parking space per 300 square feet of floor area is provided.
Subsequent to the adoption of this ordinance amendment, a conditional use pel111it was
approved for Gleason's Gymnastics School in a building on Fish Point Road in the
Business Office Park. Recently, Mr. Gleason contacted the City because his lease is up
and he is looking for new space. He also indicated he needed more room and expanded
hours of operation.
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Planning Commission Meeting
June 24. 2002
\\Then the original ordinance was adopted, there was considerable discussion about the
appropriateness of the use in the C-5 district. The staff concluded at that time the use was
not appropriate for the zoning district but the Planning Commission felt it was. The
conditions that were attached were felt to be appropriate for the use. \\Then the school was
originally opened, there were complaints from other tenants about parking and noise.
These issues were addressed by signing parking for the school and adding sound barriers
to the space occupied by the school. The school has lost its lease at the present location
and has been looking at occupying 10,000 square feet in another building in the Business
Park. However, due to the size limitations and hours of operation as well as problems
with the TIP district on the proposed property, they have been unable to move in.
Ringstad asked Kansier to expand on the initial problems with the school being located in
a Tax Increment Financing (TIF) District. Kansier explained the situation and limitations
on the types of permitted uses. TIP is intended for manufacturing, office and industrial
uses. Uses that do not fit that criteria spelled out in the State Statutes are limited to 15%
of the building. Gleason's Gymnastic School was at 15% at the previous building and
not allowed any more than that. 10,000 square feet would put them over in any other
building.
Stamson asked if the City had an opinion on this issue. Kansier said they didn't.
\\Thoever occupies the building and is not meeting the statutory requirements would result
in the City having no choice but to de-certify.
Atwood questioned the length of a TIF District. Kansier responded anywhere from 9 to
11 years. Most tenants are halfway through their district. Each lot has its own district.
Atwood questioned if the owner was aware of the TIF situation. Kansier said he was'
very aware of the potential for losing TIP.
There were no comments from the public.
Comments from the Commissioners:
Ringstad:
. The gymnastic school is currently in the C5 district and currently occupying less than
the 10,000 square feet they propose. Did not have a problem with this moving
forward.
. Decertification of the TIF District is a natural event to take place.
. Support the relocation.
Atwood:
. Agreed, if that helps Gleason to stay in Prior Lake.
. Remove restrictions on the hours of operation is a great idea.
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Planning Commission Meeting
June 24. 2002
Stamson:
. Disagreed. When this issue was first brought forward there was a lot of discussion if
this was an appropriate use for the district. The concern was compatibility with
surrounding uses and safety for the kids in an industrial setting.
. Initially there were a number of problems, some have been fixed.
. Generally the industrial area is not compatible with a lot of children moving around in
their parking lots. It makes me nervous sending so many kids around in an industrial
use area.
. Another big issue was the parking with the large number of cars going in and out.
. Not sure it wasn't a mistake to allow it in the first place. Some of the issues have
been addressed.
. Not comfortable with the expansion.
. Savage has that use in their industrial park but the building is freestanding and
separate from other buildings.
. Atwood questioned who the other tenants were. Kansier responded.
. Stamson explained the initial CUP was for a starting place and then the school would
find another place to build a freestanding building. That is why the condition was for
4,000 square feet. Long term the school was not to be in the C5 District.
. That is also why the hours of operation were limited - to avoid being in the same
joint location.
. Now they are talking 10,000 sq feet. Maybe it would work in this building but in
many buildings in town it would not work. It is not generally appropriate for a C5
District. .
Larry Gleason, of Gleason Gymnastic School, said the building he was in had some
problems and were very specific. Limited parking and only one route for trucks to come
in. He has two other gymnastic schools and both are in industrial districts. Gleason felt
there would be more parking in the new building. He also felt the hours of operation
limited him to evening hours. Most of the classes are after school. There would not be a
lot of traffic during the day.
Stamson:
. Gleason is right that the conditions are specific to that building, but the ordinance is
for the entire C5 District. Just because Gleason is moving to a bigger building does
not mean the next guy would do the same.
. Disagreed Gleason's problems were unique to that building. Most of the buildings in
town have that problem.
. It is a district-wide issue. Prior Lake does not have a lot of big industrial space.
. Parking and traffic was a big problem.
Atwood:
. Can see where parking was a huge problem. Having children enrolled was a problem.
. This site is well suited for it.
. Stamson pointed out the discussion is the district and city as a whole, not Gleason's
proposal.
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Planning Commission Meeting
June 24. 2002
· Does not see a problem with other applicants and supported.
Ringstad:
· Gathered in reading the report, that parking was a big concern. Parking in the new
location will be much better.
· His daughter was in the program a few years ago and it was a nightmare with people
coming and going with no place to park.
· The new building is laid out better where the parking is in front with the docks in the
back.
· It will be a great addition to the school itself.
· Supported.
Stamson:
· If the size and hours are going to be relaxed, maybe tighten the parking and the
amount of space where the kids are dropped off.
· Kansier said it could be done but to keep in mind, this does not remove the
requirement for a Conditional Use Permit. Any kind of proposal that comes in would
be reviewed on a site-specific basis. Another option would be to tighten the parking.
Maybe add a provision for drop-off. Or limit number of students to some function of
the park.
Kansier went on to explain the Conditional Use Permit could allow for some kind of
annual review.
Stamson:
· Would like to see some of the past problems addressed up front.
· Designate a drop-off to keep separate from the school and business.
· Kansier said you want requirements to be general enough but could add the minimum
parking with a drop-off area/pickup area designated.
Atwood:
· Did not feel there had to be such specific language when there is not going to be large
competition.
Stamson questioned Gleason on how many children are in a class. Gleason said they
generally have around 8 to 9 students and sometimes with a full program going on - 3
classes. Maybe 24 to 25 kids. With this additional space, the amount of classes could
double, but they would all come at different times.
Kansier said there could a condition for minimum of 1 parking space per 2 students in the
larger class or whatever is greater.
Atwood felt it was not necessary. Ringstad said he would approve with conditions.
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Planning Commission Meeting
JUlie 24, 2002
Kansier suggested requiring a designated drop-off and pickup area with a physical
separation between pedestrian and truck loading. Then review it as part of the
Conditional Use Permit. It is made aware there is a separation of traffic.
MOTION BY ST AMSON, SECO~TI BY RINGSTAD, RECOMMEND APPROVAL
OF THE AMENDMENT WITH THE 3 CONDITIONS AS STATED.
Vote taken indicated ayes by all. MOTION CARRIED.
Kansier recapped the conditions:
. The use would be limited to 10,000 square feet;
. A minimum of 1 parking space per 300 feet of floor area; or 1 space per 2 students
whichever is greater; and a
. Designated drop-off/pickup area that physically separates pedestrian and truck
loading.
'tem will go before the City Council on July 15, 2002.
B. C Files #02-024 and #02-025 - Consider a Planned
Preliminary t to be known as Timber Crest Park. The posal includes 28.19
acres to be sub .ded into 162 townhouse units located. the southeast quadrant of
the intersection of unty Road 21 and Highway 13" the north side of Franklin
Trail and Bluff Heigli Trail.
Planning Coordinator Jane K
the City Planning Department.
lanning Report on file in the office of
Lake Apartments, has also si
. Approve a Pla a Unit Development Preliminary PIa
. Iminary Plat.
This prope is zoned R-4 (High Density Residential). The proposa alls for a
townhou aevelopment consisting of a total of 148 dwelling units on - 9 acres. The
ent also includes parkland and private open space.
T . original proposal involved filling a large portion of the wetland on the site. e
etland Technical Evaluation Panel (TEP) subsequently advised the developer that
roposal was inconsistent with the Wetland Conservation Act, and could not be
approved.
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