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<br />Planning Commission Minutes <br />June 25, 2002 <br />Page 7 <br /> <br />e <br /> <br />COMMISSIONER ANDERSON MOVED TO TABLE THE REQUEST BY <br />DANIEL O'BRESKY FOR A CONDITIONAL USE PERMIT TO ALLOW A <br />SUBWAY RESTAURANT, CASE NO. CU 02-24, TO THE JULY 9,2002 <br />PLANNING COMMISSION SPECIAL MEETING. COMMISSIONER BAKER <br />SECONDED THE MOTION. THE MOTION CARRIED 7-0. <br /> <br />6.4. <br /> <br />Request by City of Elk River for Ordinance Amendment to Allow Fitness/Athletic Training <br />Centers as a Conditional Use in the Business Park Zoning District. Public Hearing - Case <br />No. OA 02-03 <br /> <br />Staff report presented by Scott Harlicker. Mr. Harlicker explained that the Planning <br />Commission recently reviewed and recommended denial of a request for a gymnastics <br />training facility in the Elk River Industrial Park. The City Council approved the request as <br />an interim use, and also then directed staff to prepare an ordinance amendment to allow <br />fitness/ athletic training centers as a conditional use in the Business Park Zoning District. <br />Mr. Harlicker reviewed the proposed language for the ordinance amendment. <br /> <br />Commissioner Franz asked how floor area was determined. Mr. Harlicker provided this <br />information from the ordinance. <br /> <br />Commissioner Anderson stated that the Commission has already recommended denial of the <br />request for a gymnastics facility in the Business Park and he was unclear what the City <br />Council expected of the Commission. <br /> <br />e <br /> <br />Commissioner Baker stated that the Council supported the Commission's determination that <br />the proposed use did not constitute a vocation, trade or technical school, but they did <br />approve the request as an interim use. Commissioner Baker stated he was not sure what the <br />City Council's intent is in recommending an ordinance amendment. He stated that the <br />Statement of Purpose for the Business Park clearly states the intent is to provide high-paying <br />jobs. Commissioner Baker stated that two previous requests have been granted for the <br />owner of this property to modify the Business Park standards, and now the Commission is <br />being asked to accommodate a business that does not fit. <br /> <br />Commissioner Baker asked if Mr. Harlicker knew what the City Council's intent was in <br />directing staff to prepare an ordinance amendment. Mr. Harlicker stated that he felt the City <br />Council is looking for input from the Planning Commission with a recommendation for <br />either approval or denial. <br /> <br />Chair Pederson opened the public hearing. There being no public comment, Chair Pederson <br />closed the public hearing. <br /> <br />Commissioner Franz stated that he feels the business proposed by the applicant has special <br />needs and the City Council's intent was to provide space for this unique type of use. He felt <br />that the Commission was in agreement that there is a need for this type of facility in Elk <br />River but that there is no space to accommodate it, and meet the ordinance. <br /> <br />Commissioner Jenson felt that since there are builders who are willing to build "to suit", <br />there may be space available, but perhaps not at the price the applicant is willing to pay. <br /> <br />e <br /> <br />Commissioner Mesich asked City Attorney Charlie Wilson if he felt it was good practice for <br />a city to amend their ordinance to suit a specific business. Mr. Wilson stated that the "worst <br />case scenario" would be make small changes to the ordinance here and there which could <br />