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City Council Nfinutes Page 12 May 20, 2002 COUNCILMEMBER KUESTER MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR THREE ADDITIONAL WALL SIGNS WITH THE FOLLOWING CONDITION: THAT THE SIGN ON THE WEST SIDE OF THE BUILDING FACING FREEPORT AVENUE NOT BE ILLUMINATED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.11. Request by GSS Properties, LLC for Rezoning from Rlc to R3 (I~diever Lake Fields East,), Public Hearing- Case No. ZC 02-04 6.12. Request by GSS Properties, LLC for Preliminary, Plat Approval (,Kliever Lake Fields East,), Public Hearing - Case No ZC 02-02 Michele McPherson submitted the staff report. She stated that the applicant is requesting to rezone property from R1C, Single Family Residential to R3, Townhome District and is requesting preliminary plat approval. She discussed the findings of the Planning Commission for denying this plat. She also discussed the building requirements. Mayor Ia-2inzing opened the public hearing. Horst Grazier, GSS Properties - Stated that he started working on this development prior to the townhome moratorium. He didn't feel that density was an issue with his development, as it matched other developments in the area. Mayor IClinzing closed the public hearing. Councilmember Motin stated that he is opposed to this development due to its density. He felt that these type of developments are good near commercial and industrial areas but that this development was too far away from the commercial/industrial areas. Councilmember Dietz stated that the findings in the Planning Commission's denial of the plat were discriminatory. He felt the townhomes were appropriate in their location as they are right next to Trott Brook Farms, a similar development. He stated that a townhome development couldn't be denied just because the Commission or the Council may feel there are too many of them in the community. Councilmember Motin agreed that the findings by the Planning Commission are not a good basis for denial. Councilmember Kuester concurred. Councilmember Kuester would like to see a mixed-use development, not all townhomes. COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 02-09 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) TO R3 (TOWNHOUSE/MULTIPLE FAMILY RESIDENTIAL) AS DESCRIBED, CASE NO. ZC 02-04 BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING IS CONSISTENT WITH THE LAND USE PLAN.