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05-08-2012 PC MINJUN 2 0 2012 • MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MAY 8,2012 Members Present: Chair Anderson, Commissioners Johnson, Keller, Konietzko and ~'estberg Members Absent: Commissioner Bell Staff Present: Jeremy Barnhart, Planning Manager; 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 Anderson. 2. Consider 5/8/12 Planning Commission Agenda MOVED BY COMMISSIONER JOHNSON AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE MAY 8, 2012 PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. 3. April 10, 2012 Planning Commission Minutes -Consider at June 12, 2012 meeting • 4.1 Request by River lace Counseling Center for Conditional Use Permit for Hotel Use (clients in programl and an Institutional Use (overnight client counseling, 9842 Highway 10, Case No. Cu 12-07 -Public Hearin Mr. Barnhart presented the staff report. He noted that Riverplace has been operating since 1993. He added that the applicant should be aware that uses in this area will likely intensify, bringing noise, traffic and other impacts as frontage on Highway 10 becomes more a premium. Staff recommends approval with the three conditions listed in the staff report. MOTION BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER KONIETZKO TO RECOMMEND APPROVAL OF THE REQUEST BY RIERPLACE COUNSELING CENTER FOR A CONDITIONAL USE PERMIT FOR HOTEL USE AND INSTITUTIONAL USE, WITH THE FOLLOWING CONDITIONS: 1. A CERTIFICATE OF COMPLIANCE SHALL BE PROVIDED TO ENSURE THE SEPTIC SYSTEM IS APPROPRIATELY WORKING FOR THE PROPOSED USE. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES AND BUILDING CODES. • MOTION CARRIED 5-0. Planning Commission Minutes May 8, 2012 Page 2 4.2 Request bQ Duffy Development Company for Conditional Use Permit to Amend Elk River • Station PUD - Outlot G Use, Case No. CU 12-08 -Public Hearing Mr. Barnhart presented the staff report. He explained that the amendment would change the allowable uses for Outlot G of Elk River Station to include multiple family residential (an apartment building). Mr. Barnhart stated that if approved, the parcel would need to be platted and a site plan approved, both items requiring a public hearing. He stated that there are still other lots available in the PUD for commercial and retail uses. Mr. Barnhart stated that the City Council reviewed a concept for the apartment building and supported the change by a 4-1 consensus. He explained why this parcel was a poor location for retail or office use. Staff recommends approval of the request. Chair Westberg asked if the proposed apartment building would be mixed use, i.e. retail/commercial in the lower level. Mr. Barnhart stated likely no, citing that funding is difficult to obtain for multiple uses within one building. Chair Westberg opened the public hearing. John Duffy, applicant -stated he was present to answer any questions the Commission might have. He noted that John Peterson, representing the property owner, was also in attendance. There being no public comment, Chair Westberg closed the public hearing. Commissioner Konietzko stated he was in favor of the request. He concurred that the traffic generated by a commuter rail station likely would not support acommercial/office • use on this particular parcel. Chair Westberg stated that he also supported the request and felt it was consistent with the FAST study results. MOTION BY COMMISSIONER KONIETZKO AND SECONDED BY COMISSIONER JOHNSON TO RECOMMEND APPROVAL OF THE REQUEST BY DUFFY DEVELOPMENT FOR A CONDITIONAL USE PERMIT TO AMEND THE ELK RIVER STATION PUD AGREEMENT TO ALLOW MULTI-FAMILY RESIDENTIAL USE FOR OUTLOT G. MOTION CARRIED 5-0. 4.3 Request by Spectrum School for Interim Use Permit to allow continued use of 17834 Industrial Circle NW as wrestling/fitness facility, Case No. Cu 12-04 -Public Hearing Jeremy Barnhart presented the staff report. He noted that the applicant was not able to attend due to an emergency. He reviewed the history of the interim use permit. He stated that staff initially did not support the request because there was no defined end date. Staff now feels they can support the request because an end date has been established. He stated that extending the interim use permit will allow the applicant time to build their new facility. Chair Anderson asked when the time period would start. Mr. Barnhart stated that their existing permit ends in August, so the renewed permit will commence in August 2012 and end August 15, 2014. • Planning Commission Minutes May 8, 2012 • Commissioner Johnson asked if the applicant expects to have the new facility completed in 2014. Mr. Barnhart stated that is their hope, but the Commission could add an additional six months or a year if they choose. Commissioner Johnson asked if there were any issues with the neighboring property owners. Mr. Barnhart stated he has received no complaints. Commissioner Keller asked if Spectrum has started plans for the new facility. Mr. Barnhart stated yes, and that the Commission should see plans coming in the future. He stated that the applicant does not want to keep coming back to renew the permit, as it involves time and expense. Commissioner Johnson stated that based on the comments, he was definitely in favor of the request, since the applicant is making progress on plans to build a new facility. Chair Anderson stated that he originally was not in favor of the request when it was first approved, but that the interim use permit will allow the applicant to continue to move forward in securing a permanent location. MOTION BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER JOHNSON TO RECOMMEND APPROVAL OF THE REQUEST BY SPECTRUM SCHOOL FOR AN INTERIM USE PERMIT TO ALLOW CONTINUED USE OF 17834 INDUSTRIAL CIRCLE AS A WRESTLING/FITNESS FACILITY, WITH THE FOLLOWING • CONDITIONS: 1. INTERIM USE PERMIT SHALL EXPIRE AUGUST 15, 2014 2. AS AN INTERIM USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS, INCLUDING APPROVALS FROM THE FIRE CHIEF, CITY ENGINEER AND BUILDING OFFICIAL. 3. THE STANDARDS FOR ISSUANCE OF THE CONDITIONAL USE PERMIT SHALL CONTINUE TO BE MAINTAINED. 4. 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. 5. General Business -None 6. Adjournment There being no further business, MOVED BY COMMISSIONER JOHNSON TO ADJOURN THE MEETING. Page 3 The meeting of the Elk River Planning Commission adjourned at 6:55 p.m. • Plaiuiing Commission Minutes May 8, 2012 Minutes/fpre ared by Debb~ Huebner. /s//j /' E Tina Allard 'ry Clerk I ~r, Dana Anderson Chair Page 4 • •