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11-23-2010 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION • HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 23, 2010 Members Present: Chair Westberg, Commissioners Bell, Ives, Johnson, and Scott Members Absent: Commissioner Anderson, Lemke Staff Present: Jeremy Barnhart, Planning Manager; Chris Leeseberg, Planner/Park Planner; Rebecca Haug, Environmental Administrator 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 11/23/10 Planning Commission Agenda MOVED BY COMMISSIONER JOHNSON AND SECONDED BY COMMISSIONER BELL TO APPROVE THE NOVEMBER 23, 2010 PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. 3. Consider 11/9/10 Planning Commission Minutes • POSTPONED TO DECEMBER PLANNING COMMISSION MEETING. 4.1. Request b~ Dennis Cornelius on behalf of Amcon and Spectrum High School, for Conditional Use Permit for an Educational Institution in the Business Park Zoning District f 17796 Industrial Circle NW), Public Hearing -Case No. CU 10-22 The staff report was presented by Jeremy Barnhart. Mr. Barnhart reviewed what was presented at the November 9, 2010 Planning Commission meeting and why it was postponed. He further explained the Commission needs to review the application as a Conditional Use Permit. No new information was obtained by an adjacent business owner, who was opposed to the school, as it might impede their ability to expand or renew existing permits. Staff believes traffic and drainage issues are not a concern. Staff recommended approval of the request. Chair Westberg opened the public hearing. Dennis Cornelius, applicant -stated they would prefer action, approval or denial, by the Planning Commission to keep the project moving. There being no other public comment, Chair Westberg closed the public hearing. Chair Westberg read an email from Commissioner Anderson, who was not present. • Planning Commission Minutes November 23, 2010 Page 2 MOTION BY COMMISSIONER JOHNSON AND SECONDED BY COMMISSIONER IVES TO RECOMMEND APPROVAL OF THE REQUEST . BY AMCON AND SPECTRUM HIGH SCHOOL FOR A CONDITIONAL USE PERMIT FOR AN EDUCATIONAL INSTITUTION IN THE BUSINESS PARK ZONING DISTRICT AT 17796 INDUSTRIAL CIRCLE 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 BUILDING SHALL MEET ALL BUILDING AND FIRE CODES. 3. CAPACITY OF THE SCHOOL SHALL NOT EXCEED 525 STUDENTS. 4. INCLUSION OF GRADES YOUNGER THAN 6'~ GRADE WILL REQUIRE AMENDMENT TO THE CUP 5. NO PARKING ON THE ADJACENT PUBLIC STREETS. 6. WRITTEN VERIFICATION THAT THE SPORTS FIELD IS AN ACCEPTABLE USE UNDER THE UPA EASEMENT. 7. ALL SIGNAGE WILL BE CONSISTENT WITH THE BUSINESS PARK ZONING DISTRICT REGULATIONS. 8. DUE TO THE INDUSTRIAL NATURE OF THE NEIGHBORHOOD, THE SCHOOL RECOGNIZES THAT NOISE, ODORS, TRUCK TRAFFIC AND NOISE, AND OTHER UNDESIRABLE EFFECTS MAY BE PRESENT. 9. PROVIDE ABIKING/WALKING PLAN AS AN ALTERNATIVE MEANS OF GETTING TO AND FROM SCHOOL SAFELY. • THE PLANNING COMMISSION STATED THEY MIGHT HAVE A DIFFERENT VIEW/RECOMMENDATION WITH ADDITIONAL INFORMATION FROM THE ADJACENT PROPERTY OWNER. MOTION CARRIED 5-0. 4.2. Reduest b~Spectrum High School for Conditional Use Permit to allow the use of Business Park space for wrestling~17834 Industrial Circle NWT Public Hearing -Case No. CU 10- 23 The staff report was presented by Jeremy Barnhart. Mr. Barnhart reviewed the request and the history and uses of the building. Chair Westberg opened the public hearing. Chair Westberg read an email from Commissioner Anderson, who was not present. There being no other public comment, Chair Westberg closed the public hearing. MOTION BY COMMISSIONER JOHNSON AND SECONDED BY COMMISSIONER SCOTT TO RECOMMEND APPROVAL OF THE REQUEST BY SPECTRUM HIGH SCHOOL FOR CONDITIONAL USE PERMIT TO ALLOW THE USE OF BUSINESS PARK SPACE FOR S Planning Commission Minutes Page 3 November 23, 2010 WRESTLING AT 17834 INDUSTRIAL CIRCLE NW, WITH THE • FOLLOWING CONDITIONS: 1. INTERIM USE PERMIT SHALL EXPIRE APRIL 30, 2011. 2. AS THIS INTERIM USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR AND RECEIVE ALL REQUIRED PERMITS. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. 4. APPROVAL OF THE CONDITIONAL USE PERMIT FOR SPECTRUM HIGH SCHOOL (CU 10-22). 5. DUE TO THE INDUSTRIAL NATURE OF THE NEIGHBORHOOD, THE SCHOOL RECOGNIZES THAT NOISE, ODORS, TRUCK TRAFFIC, AND OTHER UNDESIRABLE EFFECTS MAY BE PRESENT. MOTION CARRIED 5-0. 4.3. Request by City of Elk River for Ordinance Amendment to Section 30-1385 and Chapter 42 Article II of the Elk River City Code of Ordinances relating to the Mineral Excavation Overlay Zonir~ District and the Regulation of the Mineral Excavation Activities, Public Hearing_ Case No. OA 10-12 The staff repon was presented by Rebecca Haug. Ms. Haug reviewed the request and stated it was mostly a "housekeeping" item • Chair Westberg opened the public hearing. There being no public comment, Chair Westberg closed the public hearing. MOTION BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER JOHNSON TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR ORDINANCE AMENDMENT TO SECTION 30-1385 AND CHAPTER 42, ARTICLE II OF THE ELK RIVER CITY CODE OF ORDINANCES RELATING TO THE MINERAL EXCAVATION OVERLAY ZONING DISTRICT AND THE REGULATION OF THE MINERAL EXCAVATION ACTIVITIES. MOTION CARRIED 5-0. 5. Other Business 6. Adjournment There being no further business, COMMISSIONER IVES MOVED TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:00 p.m Minutes prepared by Chris Leeseberg. • Planning Commission Minutes November 23, 2010 ---------- ------- ----- Tina Allard City Clerk ~~~~ Chad Westberg Chair Page 4 •