ITEM 5.1 North Ballet IUPIV
OtsTe� o
MMNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
8 August 2016
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Johnson
5.1— North Ballet IUP
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of an interim use permit allowing North Ballet Academy to locate at
5600 Queens Avenue.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
Held by Planning Commission 1 August 2016.
BAC KG ROUND/JUSTIFICATION:
North Ballet Academy has occupied a 4,054 square foot area on the second floor of the existing
industrial building located at 5600 Queens Avenue NE, which is owned by JKO Holdings LLC. The use is
considered to be physical recreational or instructional classes. The subject site is zoned 1-3, Special
Industrial District and physical recreational uses are allowed as interim uses subject to the provisions of
Section 20-85-3.G of the Zoning Ordinance.
The Planning Commission held a public hearing to consider the applications on 1 August 2016 at
7:OOPM. Ms. Kathryn Kocinski, owner of North Ballet Academy, was in attendance to present the
application to the Planning Commission. There were no public comments and concerns from the
Planning Commission. The public hearing was closed and the Planning Commission voted 7-0 to
recommend approval subject as outlined in the attached findings of fact.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Planning Report dated 28 July 2016
B. Findings of Fact
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to approve an interim use permit for North Ballet Academy allowing a physical recreation use as
5600 Queens Avenue, subject to the conditions outlined in the findings of fact and decision dated
August 2, 2016.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
❑ NO
NA
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
3601 Thurston Avenue N, Suite 100
Anoka, MN 56303
Phone: 763, 231 .5840
Facsimile: 763.42 7.0520
TPCTPC@DP1annin9Co.corn
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 28 July 2016
RE: Otsego — 5600 Queens Avenue; Physical Recreation IUP
ACTION DATE: 3 September 2016
TPC FILE: 101.02
BACKGROUND
North Ballet Academy has occupied a 4,054 square foot area on the second floor of the existing
industrial building located at 5600 Queens Avenue NE, which is owned by JKO Holdings LLC.
The use is considered to be physical recreational or instructional classes. The subject site is
zoned 1-3, Special Industrial District and physical recreational uses are allowed as interim uses
subject to the provisions of Section 20-85-3.G of the Zoning Ordinance. A public hearing has
been noticed for the Planning Commission to consider the request for an interim use permit at
their meeting on 1 August 2016.
Exhibits:
A. Site Location Map
B. Applicant Narrative
C. Site Plan
D. Floor Plan
ANALYSIS
Use. North Ballet provided information that their enrollment fluctuates between a total of 60
enrolled students (during the summer) and around 125 enrolled students (during the school
year). Within the space occupied on the subject site, North Ballet can hold at most, three
classes simultaneously with anywhere from 6 to 10 students per class at a time. That would
equate to approximately 18 to 30 students onsite at any one time as a maximum occupancy.
North Ballet indicates that their peak days for classes would be Monday, Tuesday, and
Thursday, as well as Saturday mornings (all during the school year). The peak time for classes is
during the school year between the hours of 4:30 and 8:30pm. During the summer, the peak
time for classes is usually on Tuesday and Thursday mornings between 9:00am and
12:00pm. These hours and peak times are off -set from the other business uses within the
building allowing for a compatible occupancy by all tenants. Section 20-85-3.G.1 of the Zoning
Ordinance allows the City to limit the hours of the proposed use to address any potential
compatibility issues but none are foreseen.
Off -Street Parking. North Ballet states that parents typically drop their children off and return
to pick them up at the end of class. The Zoning Ordinance does not include a parking standard
for physical recreation uses. The Institute of Transportation Engineers (ITE) recommends a
parking requirement of one stall per 200 net square feet for instructional recreation classes.
Based on the 4,054 square foot area of tenant space occupied by North Ballet and the ITE
recommendation, a total of 21 parking stalls are required for the proposed use. The existing
parking area in front of the building has 39 stalls, which considering North Ballet's hours and
peak operations being off -set from those of other uses within the building, the available parking
is adequate.
Signs. North Ballet has installed a wall sign on the east fagade of the building that complies
with Section 20-37-5.0 of the Zoning Ordinance, allowing wall signs up to 200 square feet in
area or 15 percent of the area of the fagade on which the sign is located (whichever is less). A
sign permit was approved by the Zoning Administrator for this sign contingent upon City
Council approval of an interim use permit allowing North Ballet to occupy the property.
Trash. Trash containers for the proposed use must be kept inside the principal builder or within
a trash enclosure. Use of an exterior trash enclosure must fully screen the containers from
view of Queens Avenue and adjacent properties, as required by Section 20-16-15.13 of the
Zoning Ordinance.
Exterior Lighting. No plans for additional exterior lighting have been submitted. If any
additional exterior lighting is to be added to the site, it must comply with the requirements of
Section 20-16-10.0 of the Zoning Ordinance and is subject to review and approval of the Zoning
Administrator.
Utilities. The subject site is served by existing on site well and holding tanks for sewer. City
sanitary sewer and water utilities are not available at the subject site. All utility issues are
subject to review and approval of the Building Official.
Termination. Interim use permits expire in accordance with Section 20-5-4 of the Zoning
Ordinance as outlined below, which City staff recommends be added as a condition of approval
PA
the interim use permit will terminate upon a change of occupancy to another tenant and/or
use.
A. The date or event stated in the interim use permit.
B. Upon violation of conditions under which the interim use permit was issued.
C. Upon change in the City's zoning regulations that renders the use non -conforming.
D. The redevelopment of the use and property upon which it is located to a permitted or
conditional use as allowed within the respective zoning district.
Criteria. Consideration of an interim use permit to allow North Ballet to occupy the existing
principal building is to be based upon, but not limited to, the criteria established in Section 20-
4-2.F of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Comment: The subject site is guided for industrial uses by the Comprehensive Plan.
Physical recreation uses are allowed in the 1-1 District based on the indoor spatial needs
for these activities with open spaces and high ceilings, as well as to provide property
owners an additional tenant opportunity to ensure utilization of their investments. The
interim use permit process ensures that the proposed physical recreational activity will
be located and operated in a manner compatible with existing and planned uses in the
area.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: The subject site is surrounded by the following existing and planned land
uses shown in the table below. With direct access to Queens Avenue and a location at
the southeast corner of the subject site, the location of the use will not conflict with
other existing industrial uses on the some site or adjacent properties. Furthermore, the
proposed use is less intensive than other possible industrial uses allowed to occupy the
subject site, off -setting potential compatibility issues with existing residential uses to the
east.
Direction
Land Use Plan
Zoning
Existing Use
North
Industrial
R-3 District
Well Drilling
East
LD Residential
R-3 District
Single Family
South
Industrial
1-3 District
Undeveloped
West
--
--
TH 101
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Comment: The proposed use will comply with the requirements of the Zoning Ordinance.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Comment: The subject site is accessed by Queens Avenue which is designated by the
Transportation Plan as a Commerciaondustrial Collector Street that will accommodate
the traffic generated by the proposed use of the existing building.
5. The proposed use can be accommodated by existing public services and facilities and will
not overburden the City's service capacity.
Comment: The subjectsite is located within the East Sewer District and consistent with
the Comprehensive Plan for anticipated urban development with adequate public service
capacity to support the proposed land uses.
RECOMMENDATION
North Ballet Academy is an appropriate use to have located within the industrial building at
5600 Queens Avenue that will compatibly exist with other tenants. Furthermore, the proposed
physical recreation use complies with the requirements of the Zoning Ordinance. Our office
recommends approval of the application as outlined below.
POSSIBLE MOTIONS
A. Motion to approve an interim use permit allowing physical recreation use subject to the
following conditions:
1. The interim use shall terminate on the happening of any of the following events,
whichever first occurs:
a. Upon a change of occupancy to another tenant and/or use.
b. Upon violation of conditions under which the interim use permit was
issued.
C. Upon change in the City's zoning regulations that renders the use non-
conforming.
4
The redevelopment of the use and property upon which it is located to a
permitted or conditional use as allowed within the respective zoning
district.
2. The use shall comply with applicable requirements of the Building Code subject
to review and approval of the Building Official.
3. All signs shall comply with Section 37 of the Zoning Ordinance and require
issuance of a sign permit prior to placement upon the property.
4. Exterior storage of trash containers for the use shall comply with Section 20-16-
15.B of the Zoning Ordinance, subject to review and approval of the Zoning
Administrator.
Any exterior lighting added to the subject site shall comply with Section 20-16-
10.0 of the Zoning Ordinance.
All utility issues are subject to review and approval of the Building Official.
B. Motion to deny the application based on a finding that the request is inconsistent with
the Comprehensive Plan and requirements of the Zoning Ordinance.
C. Motion to table.
Lori Johnson, City Administrator
Tami Loff, City Clerk
Barb Williams, Building Technician
Ron Wagner, City Engineer
Andy MacArthur, City Attorney
Kathryn Kocinski, North Ballet Academy
Jeff Ophoven, JKO Holdings LLC
Overview
Legend
Roads
—CSAHCL
— CTYCL
— MUNICL
— PRIVATECL
— TWPCL
Highways
Interstate
— State Hwy
— US Hwy
City/Township Limits
c
® t
C1 Parcels
A C A D E M Y
June 30, 2016
To whom it may txmeorn:
I was informed yesterday. Juno 20 2016, that in order for our business to move •Into Otsego. we would need to request
it conditional use permit frmn the City of Otsego, 151)urcd with the helpful women at the City Hall that 1 feel absolutely
useful, uN 1 laud no idea,thutsomethingljkc this wayj needed. for the part s,.ven yearn. North Ballet has eased a facilKy in the
City of Rogern, and 1 do not recall going through the steps of thin application when we moved into' Rogers. i am SO very
sorry that we did nnL contact ihe.city Nrxiner..
1 um Implog that you may be willing to help me through the procesa of application. and would also like to request special
connideratjon far bs to.btig!ri our cUmen in Otsegq next Wedhmdaya July 6th. We are vacating our current space in Rogers
tMay (Jun o-30th), and only just nipried our lease it tits 36(XI QuebM Ave NE locution on Tuesday night or this week (July
261h). We emeniially.huve a seven day turn over from one'locatfon to the rwxL Our WAtdcnia began their summer ftwwng
pr;rgram the week uUtiric ZDih, fuul it is very ennontiul thatiheir UaainMg is Obt interrupted. A long break in thelf training tt
cuiJHC loud to injury:und rcgrca4ion. The studios In which.our Ntudcnty dantx arc very specialized, rind require a special t
energy ubsorlijng floari.tci reduce tho risk of injuiy.
[ would Jt>ve to tiha'rc u littlb bit atxiut why hldrth Bullet Academy will by it groat essotto•►lac communitq of Otsego;
, The tutc majority or our-audanlN come Troia the frxaj etajnmimjty of Otsego, St. Michael and Albertville, (59
L nrollrnpilLN out {l' 255 from OtNcgg alone), Other uludentil c)mc from W; fur as IJgjlvic find Minneapolis it rder
air punjcipiiic in our ballet irlaining prog►am.
2. The Djrcctorof our:truinif`rg;program at North Bullet Academy, Ma, breannaUvorak, is the first American to
gradutim -frOM4 0 -prostigious Holshoi Bullet Academy in Runiia,-She brings to i}tis'cammunily a unique expertise
urid groat* 01010n ft)r ctiwdl Wl.bullet that can not be found unywhere'else in Ivfjitnosota;
3. Norlh Bidlet Acudomy firings tite ritte Arta into the City OF OtFcgfl:
4, North Bullet Ac�adoray IN the itnly hullct school in thigh aeu to.provilc tr)ini.ng iri Rtii .gjati 13a11ci; many. of our
Nttidenis Have been u4vpted late► top ballot truining.pmgnawy uround-the-cottntry.40 compete for top tiatipdaf
recu(tniilon ttit tWpiring Future ballcrinuv.
g. North )3ullut Academy has boap voted the To Dance School in our c:ommu.*y. for three.yc m; these votes come
frtim the uaminiinity tot large.
6, h!t►rilt l3uflet jot it Nislet orglutivudon to our 501a3 non•prof%t organizutic�n; North Rollet'Youth Cothpany. The
NitYJC wt.ON will) North i1OO H(udonKtts well aN studonts from otherltxxd 6t1ce.schoo1.N.).{utd rchearses in -:the
fyG)rdi 13upot.Acudumy lua illy. i;:uch yc , the NB.VC wote(,Mvs over 13b6 aurlictif wi' dmbe& to the ElkRiver
1diFtfrSch!)iil'N .7�itiit� iiWitnrlum fc) e)tporience the artful beauty. or the Ntitcru6ker Bullet; Thu NBYC brings ima.
fnittlinihti tit'.two prulh,4Nituinl btillet danucM f tom prot111gioaN 1:JS bullet eOmpnt)los to perform along side of Ioc W
NtuilohtN; uittl:aleo prc)vitic uxp<isuTo ttr prufc)isioriul, chasiaiciil bullet tt5 the communjlies d Ots6p.-Ok River.
Alk,rlvlllc, St.Mluhutrl,.Rogers. and more,
7, with North kildlej Actufamy and the NiJYC support (Ito tout r.Awl.diuidot throogh facility reNals;-wi;.spent
uv r It):(li3{1/your nt) uuiiiturium roriwh through the -Elk RivbrSch¢u1 Ditild
N. 'Flio Nift.-a1g) briiigs fife art of 0jan*al ballet into the aommutiity by peffaimilig complimentary vorsiotis of
the Ntjtuntt ker Iralldt u) tali'-0I N011aUIN, librttrlex and ft mPgferl.livirig fucifitio i'Mudlitg; Twin Lakes Sementary,
(ticElkiiivt r f�iliritry, St* MOMRlantuptu�y.-the-Wdulbud of Rt)gdv,1he 9t, Michacl 1 . rwy, and St.
lJcnCdiet4l ANNINtctf l�lvinj;: Thin year we plan it) J)crfi7rm lit the Children's Nospilnl oCMinneapalis, tus well as
two Itx.ul N(lhtgijN atal floe Olk haver l,.-lbnaty
Nrlrlh f3ullat /i 1101ny and lllti NDY6' Nuplxwrt meal 1)n.4inestt lvith Jtiyulty incittding the Bank of BI}; River as well
os tltu nhntud Ari$r)iip crvent hl)X(cc) by itic l-k River Aries Allimim.
Itl, I (im Ilw-ownorul' No!tli Rolla Academy, M tvcll uN Lila ExecutiVo Director ol'the IJH YC,and 1 have resided in
01HOAll with illy M111 ly Nina 2(05. nape )tl iho Park pnd floe progr0m.0 r five kids I pVS Oiacgo eventv!1)
Aulhentisign ID: F2CSCC2E-A8AA-4D96-B9F2-69E68B29EF64
All in all, i believe that North Ballet Academy and the N13YC would be a great addition to the anta9.ing culture or olsegO. 1'
thank you Ibr any help that you can provide -in this prcxvss. (n- Again, my deep apologies for not being aware, or this
application process sooner.
With regards,
Katie .
Katie Kocinski
North BalletAcadenzy, Founder
North Ballet Youth Company 5o1c3, Director '
76a:g42-2993 — Katie@NorthBallet.-coih
urwwWorthBallec.cotn •— wwwWorthBalletYDuthConipann .org _
Voted #i Dance School by our community!
Five 7 meAtaard Winner: "Best Of -the Best" Dance School - "Bust -of the Best" Sunmrer Camp °!
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Authenttsign ID: F2C5CC2E-ABAA-4D99439F2-S9E5BB29EFB4
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MINNESOTA CDP
APPLICANT: North Ballet Academy
August 2, 2016
FINDINGS & DECISION
INTERIM USE PERMIT
APPLICATION: Request for approval of an interim use permit to allow a physical recreation use.
CITY COUNCIL MEETING: 8 August 2016
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council
now makes the following findings of fact:
A. The property is identified as Lot 1, Block 1 Autumn Woods 2nd Addition, City of Otsego,
County of Wright, State of Minnesota.
B. The property lies within the East Sewer Service District and is guided for industrial land uses
by the 2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned 1-3, Special Industrial District, which allows physical recreation as an
interim use.
D. The Planning Commission and City Council must take into consideration the possible effects
of the interim use with their judgment based upon (but not limited to) the criteria outlined in
Section 20-4-2.F of the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Finding: The subject site is guided for industrial uses by the Comprehensive
Plan. Physical recreation uses are allowed in the I-1 District based on the indoor
spatial needs for these activities with open spaces and high ceilings, as well as to
provide property owners an additional tenant opportunity to ensure utilization of their
investments. The interim use permit process ensures that the proposed physical
recreational activity will be located and operated in a manner compatible with existing
and planned uses in the area.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The subject site is surrounded by the following existing and planned
land uses shown in the table below. With direct access to Queens Avenue and a
location at the southeast corner of the subject site, the location of the use will not
conflict with other existing industrial uses on the same site or adjacent properties.
Furthermore, the proposed use is less intensive than other possible industrial uses
allowed to occupy the subject site, off -setting potential compatibility issues with
existing residential uses to the east.
Direction
Land Use Plan
Zoning
Existing Use
North
Industrial
R-3 District
Well Drilling
East
LD Residential
R-3 District
Single Family
South Industrial 1-3 District Undeveloped
West I -- TH 101
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The proposed use will comply with the requirements of the Zoning
Ordinance.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The subject site is accessed by Queens Avenue which is designated by the
Transportation Plan as a Commercial/Industrial Collector Street that will
accommodate the traffic generated by the proposed use of the existing building.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
Finding: The subject site is located within the East Sewer District and
consistent with the Comprehensive Plan for anticipated urban development with
adequate public service capacity to support the proposed land uses.
E. The planning report dated 28 July 2016 prepared by the City Planner, The Planning
Company LLC., is incorporated herein.
F. The Otsego Planning Commission held a public hearing at their regular meeting on 1 August
2016 to consider the application, preceded by published and mailed notice. Based upon
review of the application and evidence received, the Otsego Planning Commission closed
the public hearing and recommended by a 7-0 vote that the City Council approve the request
based on the aforementioned findings.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby
APPROVED and is subject to the following conditions:
1. The interim use shall terminate on the happening of any of the following events, whichever
first occurs:
a. Upon a change of occupancy to another tenant and/or use.
b. Upon violation of conditions under which the interim use permit was issued.
C. Upon change in the City's zoning regulations that renders the use non -conforming.
d. The redevelopment of the use and property upon which it is located to a permitted or
conditional use as allowed within the respective zoning district.
2. The use shall comply with applicable requirements of the Building Code subject to review
and approval of the Building Official.
3. All signs shall comply with Section 37 of the Zoning Ordinance and require issuance of a sign
permit prior to placement upon the property.
4. Exterior storage of trash containers for the use shall comply with Section 20-16-15.B of the
'r�
Zoning Ordinance, subject to review and approval of the Zoning Administrator.
5. Any exterior lighting added to the subject site shall comply with Section 20-16-10.0 of the
Zoning Ordinance.
6. All utility issues are subject to review and approval of the Building Official.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 8th day of August, 2016.
Tami Loff, City Clerk
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
3