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Planning Comnvssion Minutes Page 3 February 9, 2010 ---- ALETTER OF CREDIT IN AN AMOUNT APPROVED BY STAFF NECESSARY TO GUARANTEE COMPLETION OF THE WORK. 7. THIS APPROVAL OF THIS CONDITIONAL USE PERMIT SHALL EXPIRE AFTER 2 YEARS, UNLESS AT LEAST TWO BUILDINGS HAVE BEEN COMPLETED AND OCCUPANCY ISSUED. MOTION CARRIED 6-0. 5.4. Request by City of Elk River for Zone Change to Rezone Remaining Northern Al (A~ricultural Conservation) Zoned Pro~ert~o R1a (Single Family Residential) Public Hearing -Case No. ZC 10--02 The staff report was presented byJeremyBarnhart. Commissioner Bell asked howthe proposed zone change will affect the propertyownexs. Mr. Barnhart stated that the zone change will allow them to subdivide their property into 2 1/z acre lots, versus the existing 10-acre m;n;mum lot size. Chair Scott opened the public hearing. There being no public comment, Chair Scott closed the public hearing. City Attorney Peter Beck noted that the Land Use Map, as well as text, in the Comprehensive Plan identifies this change to be made at this time. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER JOHNSON TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER TO REZONE THE REMAINING NORTHERN Al(AGRICULTURAL CONSERVATION) ZONED PROPERTY TO R1A (SINGLE FAMILY RESIDENTIAL). MOTION CARRIED 6-0. 5.2. Request for Zone Change by Flowers Plus (518 - 520 Freeport from PUD to C3, Public Hearing -Case No. ZC 10-01 The staff report was presented by Chris Leeseberg. Chair Scott opened the public hearing. Rich Schulz, 19137 Zane Street (property owner of 510 Freeport) - Stated that he researched the allowed uses when he constructed his building in the Elk River Plaza PUD. He had concerns that his taxes would go up if the zoning were changed to C3. He explained that a Sherburne County Assessor's office representative told him his taxes would be higher with a commercial zoning than the current PUD zoning. Mr. Schulz questioned whether or not the applicant had checked out the tax implications. Mr. Barnhart stated that the applicant could check with the County, and could withdraw their application if they chose to. He noted that the assessor's office had explained to him that propertywas taxed byuse, not by zoning. Commissioner Westberg asked if the citywas looking at rezoning the whole PUD area. Mr. Barnhart stated yes, that they will be looking at rezoning Elk River Plaza to something other than PUD.