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Planning Comnussion Minutes Page 3 April 13, 2010 --------------------------- REQUEST BY KEN BEAUDRY/M. GARG FOR A CONDITIONAL USE PERMIT, CASE NO. CU 10-04 FOR FAST CASH BUSINESS. MOTION CARRIED 7-0. 5.3. Request by City of Elk River for Rezoning of Elk River Plaza PUD, Public Hearing -Case No. ZC 10-02 Mr. Leeseberg presented the staff repon for this item. He provided background information which prompted consideration to rezone this PUD. He noted taro open houses were held for the property owners, tenants and residents of Elk River Plaza. He noted that rezoning will be a PUD overlay district. Mr. Leeseberg provided details of the proposed Elk River Plaza Overlay Zoning District. Staff recommends approval of the request. Chair Westberg opened the public hearing. Rich Schulz, owner of 510 Freeport office building -stated he attended both of the open houses and was still troubled with the rezoning. He stated he did not understand why other PUD's are not being looked at, as well. Mr. Leeseberg stated that the Elk River PUD is the oldest PUD and has had the most amendments. Mr. Schulz stated he will protest the change to C3 to the City Council. He noted that taxes vary by location. He cited an example that one Super America pays $2,000 more a year than the other, due to the different locations. He stated he is concerned that he will end up paying more in taxes. He stated the revising the zoning designation will have very little change on the type of tenants he can bring into his building, yet may impact his taxes. Mr. Leeseberg stated that the zoning will still remain PUD and not C3 Highway Commercial. He explained that other PUD's will be looked at, but that each of them is different. Commissioner Scott stated that it was his understanding that the Elk River Plaza PUD has had many amendments and this rezoning is more of a "clean up" issue. Mr. Leeseberg stated that no more amendment will be necessary, since the PUD Agreement will essentially "go away" and the new zoning will be codified in the cites ordinance. He explained that staff will now reference the Elk River Plaza overlay zoning district in the ordinance when any new requested come in. Commissioner Scott asked if the PUD overlay zoning is used in other cities. Mr. Leeseberg stated that it is new to Elk River, but is not new in other cities. Chair Westberg asked if Mr. Schulz's taxes could change. Mr. Leeseberg stated that according to what he was told by the county assessor's office, they would not change. Conurussioner Lemke asked for clarification on how the change will be implemented. Mr. Leeseberg explained how the ordinance will become part of the code. Mr. Schultz stated that he was more comfortable with the change now that he understood the properrywould not be rezoned to C3 Highway Commercial. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE ZONE CHANGE REQUEST BY THE CITY OF ELK RIVER FOR ELK RIVER PLAZA