02-09-2010 PC MIN - Laserfiche WebLink

Home Browse Search

Planning Commission Minutes Page 4 February 9, 2010 Councilmember Motin suggested amending the PUD to allow the requested use, and rezoning the PUD could be considered later. Mr. Barnhart stated that could be done, but that the process to look at rezoning the PUD has been started, per the Council's direction. Chair Scott stated his concern that they could end up with one small parcel zoned C3. Mr. Barnhart stated that staff feels they can come up with a rezoning that fits, and he was not concerned about a small area of C3, and the businesses would all be rezoned to some type of commercial zoning. Commissioner Bell asked if the problem could be solved by simply getting rid of No. 14 in the list of restrictions; "The use of Parcel "L" shall be restricted to a hardware and related items retail sales store." Mr. Barnhart stated that there are other issues with the PUD and how it has evolved over the years. He noted that if the PUD were rezoned to C3, all other C3 uses would also be allowed. He stated there maybe other solutions than just rezoning to C3. Mr. Barnhart stated that there are certain PUD's in the citythat no longer serve their original purpose. He stated that the city does not want to arbitrarily rezone them to C3, and that the goal is to help the businesses. He stated that the "hardware" use is very restrictive, but just amending the PUD to allow a gym would not get the ciryto where it wants to go. Commissioner Lemke stated he no issue with the applicant's request and was in agreement with staff's recommendation. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONE ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY FLOWERS PLUS TO REZONING THE PROPERTY AT 518 - 520 FREEPORT FROM PUD TO C3 ZONING. MOTION CARRIED 5-1. Chair Scott opposed. 5.3. Request by Waste Management for Conditional Use Permit and License (Amendment) for Elk River Landfill, Public Hearing -Case No. CU 10-02 The staff report was presented by Rebecca Haug. She reviewed the proposed changes to the conditional use permit and the solid waste facilirylicense as noted in her report. Ms. Haug introduced Matt Ledvina, the city's environmental consuhant. Mr. Ledvina spoke regarding issues with Cell 17. He stated that the ciryis asking for the final contour plan for Cell 17 as it is constructed today. City AttorneyPeterBeck explained that the city has not seen a plan thax shows howthe landfill will be finished, incorporating the changes to Cell 17. The city is asking that a plan be submitted within the next two years. Ms. Haug stated that an end use plan was reviewed and a recommendation was made bythe Parks & Recreation Commission as part of Elk River Landfill's request for an expansion in 2009, but that request was denied bythe City Council Ms. Haug explained that the city is asking that Waste Management provide an end use plan for Elk River Landfill byDecember 31, 2011. Ms. Haug explained that she has worked with Sherburne Counryto incorporate some of the same language from the County's license for the landfill regarding dust, noise and odor into the city's license. She noted that the applicant has agreed to the changes.