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Planning Commission Minutes Page 5 June 8, 2010 --------------------------- • 3. PROVIDE THE CITY WITH COPIES OF ALL STORM WATER AND RELATED PERMIT COMPLIANCE DOCUMENTS, FOR EXAMPLE ANY SWPPP DOCUMENT, OR SPCC PLAN. 4. PROVIDE ANNUAL SAMPLING OF INTAKE WATER FOR TOTAL DISSOLVED SOLIDS. 5. PROVIDE A SPILL RESPONSE PLAN IF AN SPCC IS NOT IN PLACE TO ADDRESS THE RELEASE OF ANY PETROLEUM PRODUCTS INTO EITHER POND. MOTION CARRIED 6-0. 5.3. Request b~ Clty of Elk River for Ordinance Amendment to add new Elk River Plaza Zoning District, Public Hearing -Case No. OA 10-06 5.4. Request by City of Elk River for Rezoning of Elk River Plaza PUD, Public Hearing -Case No. ZC 10--03 The staff report was presented by Chris Leeseberg. He noted that the only change to the amendment since the Planning Commission's last review of this item is that instead of a PUD overlay, the plat area will become a new zoning district called Mixed Use -Elk River Plaza. He stated that along with the proposed zoning change for E1kRiver Plaza, a new section of the ordinance needs to be created forthe new zoning district. Mr. Leeseberg noted that the City attorney advised that the PUD district be removed and rezoned to a new zone. Commissioner Anderson asked if, when reviewing other PUD's, would they be renamed this • way. Mr. Leeseberg stated that staff would possiblyutilize the "mixed use" and include a name or number, such as MLA 1, since space on the zoning map is limited. Chair Westberg stated that it seemed the previous idea to use an overlaywould be more flexible. He asked if the new zoning would be classified as Highway Commercial. Mr. Leeseberg stated no. He stated that they could have called it C5, but the list of uses will not change from the way it has evolved over the past 28 years, other than some minor changes. Chair Westberg opened the public hearing. Rich Schulz, owner of 510 Freeport -stated that he was not comfortable with the new change. He stated he has been told that the revised zoning will have no impact on his taxes, but the tax assessor will not commit to that statement in writing. He asked if the city attorney or City Council could give him a document that would prevent the assessor from increasing his taxes. Mr. Schulz stated he would like to see the impact the new zoning would have on other PUD's fast. He asked if there were issues for others; would the City Council revert to the old zoning. Commissioner Anderson stated that the taxes are not an issue for the Planning Commission and City Council. He felt it is the Conunission's taskto determine what fits the development. He stated that it seems logical to move forward with the rezoning; as it places the PUD is a better position for redevelopment or new development. Mr. Schulz stated that it is unknown if the new zoning will help or hurt the PUD. He stated • that except for one building, he does not see the need to change it. Mr. Schulz explained that his building and the Star News building are very different from others in the PUD, and suggested they be "cut out" of the new zoning.