Loading...
10-12-2010 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION • HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER 12, 2010 Members Present: Chair Westberg, Commissioners Anderson, Bell, Johnson, Lemke and Scott Members Absent: Commissioner Ives Staff Present: Jeremy Barnhart, Planning Manager; Chris Leeseberg, Planner/Park Planner; Debbie Huebner, Recording Secretary 1. 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 10/12/10 Planning Commission Agenda MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE OCTOBER 12, 2010 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. 3. Consider 9/14/10 Planning Commission Minutes MOVED BY COMMISSIONER JOHNSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE SEPTEMBER 14, 2010 MINUTES. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend October City Council Meeting Commissioner Scott will attend the October 18, 2010 City Council meeting. 5.1. Request by Plaisted Companies for a Conditional Use Permit for Composting Site. 11555 205 Avenue NW, Public Hearing -Case No. CU 10-20 The staff report was presented by Jeremy Barnhart. Mr. Barnhart reviewed issues associated with the request including odor and traffic. Staff recommends approval of the request. Chair Westberg opened the public hearing. No public comment was received. Chair Westberg closed the public hearing. Commissioner Bell asked if the city receives any revenue from Plaisted for the materials. Mr. Barnhart stated no, and explained that Plaisted Companies is providing an outlet for the leaves, grass and wood waste dropped off by residents at the city's collection site. Commissioner Westberg asked how long the composting has been in operation. Mr. Barnhart stated that he was not sure, but it was at least four years. • Planning Commission I~linutes October 12, 2010 Page 2 MOTION BY COMMISSIONER LEMKE AND SECONDED BY • COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY PLAISTED COMPANIES FOR A CONDITIONAL USE PERMIT TO AMEND AN EXISTING PERMIT TO ALLOW LEAF COMPOSTING, CASE NO. CU 10-20. MOTION CARRIED 6-0. 5.2. Reduest by City of Elk River for Ordinance Amendment Regarding Educational Uses in BP Zoning District, Public Hearing -Case No OA 10-11 The staff report was presented by Jeremy Barnhart. Mr. Barnhart reviewed information regarding Spectrum School which led to the City Council's direction to have staff prepare an ordinance amendment to permit a school in the Business Park Zoning District. Most important was the fact that charter schools are not allowed to own property and therefore, must rely on a private owner to lease space. Mr. Barnhart explained that staff is in a unique situation of not supporting the amendment, due to concerns outlined in the staff report to the Commission dated September 13, 2010. Chair Westberg opened the public hearing. There being no public comment, Chair Westberg closed the public hearing. Commissioner Scott stated that although he understands Spectrum's situation, he has concerns with the amendment and felt that it would result in a negative precedent. Commissioner Bell asked if the school could request an interim use permit. Mr. Barnhart stated no, an interim use permit is not permissible without an ordinance change. He • explained that the use must be permitted as a conditional use, due to recent changes to the ordinance regarding interim uses. Chair Westberg asked if a zone change would be better to address the request. Mr. Barnhart stated he felt a zone change would be more damaging to the integrity of the Business Park. Commissioner Anderson stated that although he understands Spectrum's dilemma, he also had concerns for locating a school in the business park. He explained that the goal is to bring businesses to the business park that will create jobs. He stated there may be an unknown potential for conflicts. He did not feel it was a good policy for the city to make these kinds of changes John Cairns, attorney representing Spectrum School -stated that he represents charter schools exclusively. He stated that most charter schools are located in commercial or industrial space. He explained that charter schools must pay taxes and that leasing the property makes it viable by generating property taxes. Mr. Cairns stated that the subject property is now an office warehouse, and is not likely to be utilized for a machining or factory type of business. Commissioner Lemke asked for confirmation that a charter school cannot own property. Mr. Cairns stated yes, based on current state law. Lemke asked if a sponsor could own the property. Mr. Cairns stated no, that the property must be owned privately and leased to the school and that they would pay taxes. Commissioner Lemke stated that he concurred with Commissioner Anderson's comments. • He stated he did not see how conflicts could be addressed such as noise, truck traffic and Planning Commission Minutes October 12, 2010 --------------------------- otheractivities that are part of a business park Commissioner Lemke stated that certain e zoning districts are set up for certain land use designations. He stated he was generally supponive of Spectrum School MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND DENIAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT REGARDING EDUCATIONAL INSTITUTION USES IN THE BUSINESS PARK ZONING DISTRICT, CASE NO. OA 10-11. MOTION CARRIED 6-0. 5.3. Request b~pectrum School for Conditional Use Permit for Wrestlin4 Rn 7~nina T~ictrir7- 17Q'~d Tn~netrie~ (`irr~a 1\i~Yh T~n}~~ir Naorino - (~< Mr. Barnhart recommended that the Planning Commission table this item until the November Planning Commission meeting, at which time Spectrum's request to relocate the school will also be reviewed Chair Westberg opened the public hearing for comments. No comments were received MOTION BY LEMKE AND SECONDED BY COMMISSIONER SCOTT TO TABLE THE REQUEST BY SPECTRUM SCHOOL FOR A CONDITIONAL USE PERMIT TO LOCATE AWRESTLING/FITNESS FACILITY IN THE BUSINESS PARK ZONING DISTRICT TO THE NOVEMBER 9, 2010 PLANNING COMMISSION MEETING. MOTION CARRIED 6-0. 6.1. October Plaruling Corrunission Workshop Mr. Barnhart noted that a Planning Conunission workshop will be held on October 26, 2010 at 6:30 p.m He noted possible discussion topics are the 171St Avenue Focused Area Study, or the staff visioning process. 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 7:06 p.m Minutes prepared byDebbie Huebner. Tina Allard City Clerk • Westberg Chair Page 3