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11-09-2010 PC MIN• MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 9, 2010 Members Present: Chair Westberg, Commissioners Anderson, Ives, Lemke and Scott Members Absent: Commissioners Bell and Johnson Staff Present: Jeremy Barnhart, Planning Manager; 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 11 /09/10 Planning Commission Agenda MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE NOVEMBER 11, 2010 PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. • Consider 10/13/10 Planning Commission Minutes MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE OCTOBER 13, 2010 MINUTES. MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend Cit~Council Meeting Commissioner Anderson will attend the November 15, 2010 City Council meeting. 5.1. Request by GRE for Conditional Use Permit and Solid Waste Facility License for Energy Recovery Station (17845 Highway 10~. Public Hearing -Case No. CU 10-24 The staff report was presented by Rebecca Haug. Chair Westberg opened the public hearing. There being no public comment, Chair Westberg closed the public hearing. MOTION BY COMMISSIONER SCOTT, SECONDED BY COMMISSIONER IVES TO RECOMMEND APPROVAL OF THE REQUEST BY GRE FOR A CONDITIONAL USE PERMIT AND SOLID DWASTE FACILITY LICENSE FOR THE ENERGY RECOVERY STATION AT 17845 HIGHWAY 10, AS DRAFTED AND ATTACHED TO THE STAFF REPORT DATED NOVEMBER 9, 2010. MOTION CARRIED 5-0. Planning Commission Minutes November 9, 2010 Page 2 5.2. Request by Dennis Cornelius on behalf of Amcon and Spectrum High School, for Conditional Use Permit for an Educational Institution in the Business Park Zoning District, Public Hearing -Case No. CU 10-23 The staff report was presented by Jeremy Barnhart. Commissioner Ives asked if there is adequate space for buses. Mr. Barnhart stated yes, there is adequate space for loading and unloading of buses. Chair Westberg opened the public hearing. Dewayne Goetsch, of Gradient Technology- Had concerns with putting a school in the business park. He stated there is already a dance studio there and does not feel it is compatible with the uses in a business park. He also had concerns with runoff. Mr. Goetsch explained that his business involves chemical engineering and requires them to modify their permits with the BATF if the school is located there. He question how the traffic will be impacted. Mr. Barnhart stated that the building addition will not impact the wetland. Mr. Barnhart stated that the drainage for the site is as was anticipated. Mr. Goetsch stated he was generally opposed to the request and does not think the school is appropriate. Dennis Cornelius, representing Amcon -noted that they have verbal approval from the power company regarding their easement. There being no further comments, Chair Westberg closed the public hearing. Commissioner Anderson stated that he is aware the City Council passed the ordinance amendment • to allow the use, but he did not see the school as a good fit. He stated that given the comments of the neighboring business, the school may have a detrimental impact on his business, if they will be forced to modify their permits. He also did not feel locating soccer fields under the power lines was a good idea. Commissioner Anderson stated he could not support the request. Commissioner Ives stated that he also would not want to see the property owners in the business park have additional costs due to the school. He felt the issue should be looked at further. Commissioner Lemke suggested adding a condition to develop a walking/biking plan, given the fact that students would be crossing Twin Lakes Road. He stated that the Planning Commission has less of an opportunity to deny the CUP, since the ordinance amendment has already been adopted. Commissioner Ives asked if the speeds on Twin Lakes Road would be an issue, since this area would become a school zone. Mr. Barnhart stated that the speed for this area has already been established and deviation from this is not proposed. Chair Westberg asked if there are any federal requirements for schools in industrial parks. Mr. Barnhart stated that he could look into the issue. Commissioner Scott stated he could not see how the school would not impact adjacent properties, but the use was already approved by the City Council. He questioned if it would be possible to enforce Condition #3 regarding the maximum of 525 students. He did not feel a school was in keeping with the intent of the business park zoning of the property. He stated he also could understand the school dilemma, and could vote either way. • Planning Commission Minutes November 9, 2010 Page 3 Chair Westberg asked if the school was permanent. Mr. Barnhart stated yes, that the construction of • the gymnasium was planned for next. spring. Chair Westberg asked if the parking was adequate. Mr. Barnhart stated that the use does meet the ordinance. He noted that hopefully, the infrequent events will not impact the adjacent properties. Chair Westberg stated he would like to know more about the federal requirements/regulations. He stated that he also could go either way, regarding approval or denial. Mr. Barnhart stated that the Planning Commission could table the request, or approve or deny it. Commissioner Westberg stated he liked the suggestion of providing a walking plan. Commissioner Lemke asked if there is no parking on Industrial Circle. Mr. Barnhart stated no, but no parking could be recommended. Commissioner Ives asked how future businesses may be impacted. Mr. Barnhart stated that the purpose of Condition #8 is to address the impacts of surrounding businesses on school, so that it is clear they are aware of potential issues. He did not feel the school would impact the business to any great extent. Commissioner Ives stated that he had concerns that locating the school in the business park may limit other business park uses wanting to locate in this area. MOTION BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER LEMKE TO TABLE THE REQUEST BY AMCON AND SPECTRUM SCHOOL FOR A CONDITIONAL USE PERMIT TO A SPECIAL MEETING OF THE PLANNING COMMISSION ON NOVEMBER 23, 2010 IN ORDER TO GATHER MORE INFORMATION ON THE FOLLOWING • 1.BUREAU OF ALCOHOL, TOBACCO AND FIREARMS REGULATIONS IMPACTS ON ADJACENT BUSINESS 2.APPLICANT TO PROVIDE AWALK/PEDESTRIAN PLAN MOTION FAILED 2-3. Chair Westberg and Commissioners Anderson and Scott opposed. Discussion followed regarding adding conditions to address the two concerns for a possible motion to recommend approval. It was the consensus of the Commission it would be best to table the item. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER SCOTT TO TABLE THE REQUEST BY DENNIS CORNELIUS OF BEHAL FOF AMCON AND SPECTRUM HIGH SCHOOL FOR A CONDITIONAL USE PERMIT FOR AN EDUCATIONAL INSTUTITION IN THE BUSINESS PARK ZONING DISTRICT, IN ORDER TO GATHER THE FOLLOWING INFORMATION: • WALKING PLAN • IMPACTS ON ADJACENT PROPERTIES MOTION CARRIED 4-1. Commissioner Ives opposed. 5.3. Request by Suectrum School for Conditional Use Permit for Wrestling/Fitness Facility in the BP Business Park Zoning District ,17834 Industrial Circle NWT, Public Hearing -Case No. CU 10-23 • Chair Westberg re-opened the public hearing on this matter. Planning Commission Minutes November 9, 2010 Page 4 MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO TABLE THIS ITEM AND CONTINUE THE PUBLIC HEARING • TO THE NOVEMBER 23, 2010 PLANNING COMMISSION MEETING, BASED ON THE DISCUSSION OF ITEM 5.2. -REQUEST BY DENNIS CORNELIUS ON BEHALF OF AMCON AND SPECTRUM HIGH SCHOOL FOR CONDITIONAL USE PERMIT FOR AN EDUCATIONAL INSTITUTION IN THE BUSINESS PARK ZONING DISTRICT. MOTION CARRIED 5-0. 5.4. Reduest by Alliance Machine for Conditional Use Permit to allow an accessory building~17520 Tiller Street NW), Public Hearing, Case No. CU 10-25 The staff report was presented by Chris Leeseberg. Chair Westberg opened the public hearing. Brian Provo, applicant -stated that they are in need of storage building. He noted that the structure may not be built until spring. Commissioner Scott asked if any explosives or combustible materials will be stored in the building. Mr. Provo stated no. There being no other comments, Chair Westberg closed the public hearing. MOTION BY COMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY ALLIANCE MACHINE FOR A CONDITIONAL USE PERMIT TO ALLOW AN • ACCESSOSRY BUILDING AT 17520 TYLER STREET NW WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. THE ACCESSORY STRUCTURE SHALL MEET ALL BUILDING AND FIRE CODES. 3. THE CONSTRUCTION MATERIALS SHALL BE THE SAME (COLOR, TEXTURE & MATERIAL) AS THOSE OF THE EXISTING PRINCIPAL STRUCTURE. 4. NO SIGNAGE SHALL BE PLACED ON THE ACCESSORY STRUCTURE. MOTION CARRIED 5- 0. 5.5. Elk River Visions and Goals Mr. Barnhart stated that the Planning Commission is asked to consider actions they can take to further the goals adopted by the City Council. This topic will be discussed at a future workshop. Other Business -None Adjournment 0 Planning Commission Minutes November 9, 2010 There being no further business, MOVED BY COMMISSIONER ANDERSON TO • ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:25 p.m. Minutes repared b bbie Huebner. Tina Allard City Clerk .~ Cf Chad Westberg Chair • Page 5 e