5.4. PCSR 04-13-2010 - Laserfiche WebLink

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REQUEST 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.