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'ity of <br /> <br />River <br /> <br />MEMORANDUM <br /> <br />TO: <br />FROM: <br />DATE: <br />SUBJECT: <br /> <br />Mayor and City Council <br /> <br />Steve Ach, City Planne~~ <br />May 18, 1998 <br /> <br />Review of Elk River Mall PUD <br /> <br />Attachments <br /> <br />· Excerpts from original PUD <br /> Excerpts from Amendment No. 2 and Amendment No. 3 to the Elk River <br /> Plaza Planned Unit Development Agreement <br />· Copies of the R3, R4, C1, C2 and C3 zoning ordinances <br />· Site plan of mall <br /> <br />Overview <br /> <br />Last month, Living Waters Church requested a conditional use permit to <br />operate a church revival in the Elk River Mall. The church was proposing to <br />utilize the vacant Video Update space on a temporary basis until they could <br />find an alternative site. The City Council raised some concerns regarding the <br />future of the mall and what uses would be most appropriate for the mall and <br />deferred action on the conditional use permit request. <br /> <br />Following the Council meeting, I contacted Jack Sheedy who has a direct <br />relationship with operation of the mall and invited both him and <br />representatives from Sherer Brothers to attend the Council meeting to <br />discuss the future of Elk River Mall. <br /> <br />PUD Agreement <br /> <br />The original planned unit development agreement was signed on the 21st of <br />December, 1984, between the City and Barthel Construction, Inc. The PUD <br />agreement had several sections, one of which related to the types of uses that <br />would be allowed at the mall. The PUD agreement is slightly different from <br />the PUD agreements used today in that it lists both the allowed uses (either <br />permitted or conditional), and also lists specific uses that are not allowed. <br />The agreements today just list those uses which are allowed and if it is not <br />listed, it therefore is not permitted. It is my understanding the PUD <br /> <br />13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 <br /> <br /> <br />