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09-14-2010 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, SEPTEMBER 14, 2010 Members Present: Chair Westberg, Commissioners Anderson, Bell, Ives, Johnson and Lemke Members Absent: Commissioner Scott Staff Present: JeremyBarnhart, Planning Manger; Chris Leeseberg, Planner/Park Planner; Debbie Huebner, Recording Secretary Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m by Chair Westberg. 2. Consider 9/14/10 Planning Commission Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER JOHNSON TO APPROVE THE SEPTEMBER 14, 2010 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. 3.1. Consider 7/13/10 Planning Commission Minutes MOVED BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE JULY 13, 2010 MINUTES. MOTION CARRIED 6-0. 3.2. Consider 7/27/10 Planning Commission Minutes MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE JULY 27, 2010 MINUTES. MOTION CARRIED 6-0. 3.3. Consider 8/3/ 10 Planning Commission Minutes MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER JOHNSON TO APPROVE THE AUGUST 3, 2010 MINUTES. MOTION CARRIED G-0. 4. Planning Commission Representative to Attend City Council Meeting Commissioner Johnson will attend the September 20, 2010 City Council meeting. 5.1. Request byAmeriGas for Conditional Use Permit for Outdoor Storage of Propane Tank at Tractor Supply Site 11150 179th Avenue NW Public Hearing -Case No. CU 10-17 The staff repon was presented by Chris Leeseberg. Planning Commission Minutes Page 2 September 14, 2010 --------------------------- Chair Westberg opened the public hearing. There being no public cornrnent, Chair Westberg closed the public hearing. Commissioner Lemke asked if the fire marshal will inspect the site prior to,operation. Mr. Leeseberg stated yes. MOTION BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER JOHNSON TO RECOMMEND APPROVAL OF ATHE REQUEST BY AMERIGAS FOR A CONDITIONAL USE PERMIT AS DESCRIBED IN THE STAFF REPORT TO THE PLANNING COMMISSION ON THIS ITEM DATED SEPTEMBER 14, 2010, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE FIRE MARSHALL MEMO DATED AUGUST 3, 2010 SHALL BE ADDRESSED. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 3. THE PROJECT SHALL MEET ALL FIRE CODES. MOTION CARRIED 6-0. 5.2. Request bvPhoenix Enterprises for Conditional Use Permit to Amend Northbound Crossing Planned Unit Development , UD) Agreement to Allow Institutional Uses Public Hearing -Case No. CU 10-18 5.3. Request by Elk River Lutheran Church for Conditional Use Permit for Church Facility at 19437 Evans Street, Public Hearing -Case No CU 10-19 JeremyBarnhart presented the staff report for these two items. He discussed parking, hours of operation, and the church's future plan. Mr. Barnhart stated that the applicant is working with the Building and Fire Department staff to address any code issues. Chair Westberg opened the public hearing. John Froehlich, 16820 Dayton River Road, representative for Elk River Lutheran Church - stated that city staff has been good to work with. He explained that the property owner, Rick Foster, has surveyed the other tenants regarding their parking requirements. As a result, spaces will be set aside for those other tenants. Mr. Froehlich stated that their church currently has 300 members, plus an additional 150 active attendees that have not yet signed up as members. He stated that their plan is to build a church in 2-3 years. Commissioner Anderson asked whythe interim use expires in five years, if the plan is to build in 2-3 years. Mr. Barnhart stated that staff is comfortable with the time line, and that five years gives them time to complete their plan within having to come back every couple of years for an extension. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER TO RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR A CONDITIONAL USE PERMIT TO AMEND THE PUD AGREEMENT TO ALLOW INSTITUTIONAL USES IN THE NORTHBOUND CROSSINGS PLAT GOVERNED BY THE HILLSIDE CROSSING II PUD AGREEMENT. MOTION CARRIED 6-0. . ------------------ • Planning Commission Minutes Page 3 September 14, 2010 --------------------------- MOTION BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APROVAL OF THE REQUEST BY ELK RIVER LUTHERAN CHURCH FOR AN INTERIM USE PERMIT FOR A CHURCH FACILITY AT 19437 EVANS STREET, WITH THE FOLLOWING CONDITIONS: 1. INTERIM USE PERMIT SHALL EXPIRE DECEMBER 31, 2015 OR WHEN ELK RIVER LUTHERAN VACATES THE SITE, WHICH EVER OCCURS FIRST 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR AND RECEIVE ALL REQUIRE PERMITS. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. MOTION BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER LEMKE TO AMEND THE MOTION BY ADDING A FOURTH CONDITION: 4. APPROVAL OF THE INTERIM USE PERMIT IS SUBJECT TO THE APPROVAL OF THE CONDITIONAL USE PERMIT TO AMEND THE PUD AGREEMENT FOR THE SUBJECT PROPERTY. MOTION CARRIED 6-0. • 6. Other Business -None 7. Adjournment There being no further business, MOVED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:50 p.m. Minutes repared by bbie Huebner. ~,, / /~ V y Tina Allard City Clerk Chad Westberg Chair