07-20-1992 CC MIN - Laserfiche WebLink

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City Council Minutes July 20, 1992 Page 4 . steve Rohlf explained that Mr. Dennis Chuba of the Chuba Company is proposing to build an office with three tenant spaces. He indicated that the property is currently zoned C-2 and that Mr. Chuba is requesting a zone change to PUD in order to create three zero lot line units. He further stated that if the zone change is approved, a conditional use permit will be required. Dan Tveite, Planning Commission Representative, stated that although several issues were discussed, the Planning Commission voted to recommend approval of the zone change to a PUD and of the conditional use permit. Mayor Tralle opened the public hearing for the conditional use permit, the zone change, and the preliminary plat. There being no comments from the public on either of the issues, Mayor Tralle closed the public hearing. Councilmember Kropuenske stated that he is the lender for the Developer, and therefore, he will withdraw from any discussion or motions on the issue. . COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 92-21, AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO ZONE CERTAIN PROPERTY FROM C-2 OFFICE DISTRICT TO PUD PLANNED UNIT DEVELOPMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Kropuenske abstained. Steve Rohlf suggested that C-2 uses be allowed in the Planned Unit Development. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY DENNIS CHUBA FOR THE PROPOSED OFFICE BUILDING WITH THE FOLLOWING STIPULATIONS: 1. THAT DRAINAGE SETBACKS, BUILDING DESIGN, LANDSCAPING, PARKING AND DRIVES ARE BUILT AS PROPOSED ON THE SITE PLAN. 2. THAT AN ASSOCIATION AGREEMENT IS REVIEWED BY THE CITY ATTORNEY PRIOR TO RECORDING. THIS AGREEMENT MUST SPELL OUT WHAT RESPONSIBILITY LIES WITH WHOM REGARDING THE MAINTENANCE OF PARKING, DRIVE, COMMON AREA, LANDSCAPING AND UTILITIES. ALSO, THE AGREEMENT MUST SPECIFY THAT ALL THREE LOTS HAVE RIGHTS TO ACCESS THEIR LOTS WITH PARKING, DRIVE AND UTILITIES. FURTHER, THAT THE CITY HAS RIGHTS TO ACCESS WATER SHUT-OFFS FOR THE VARIOUS LOTS. LASTLY, THE AGREEMENT MUST ASSURE THAT DISPUTES THAT COULD ARISE BETWEEN PROPERTY OWNERS WILL NOT INVOLVE THE CITY. 3. THAT THE CUP APPROVAL IS SUFFICIENT FOR A PUD AGREEMENT. . 4. THAT THE LANDSCAPING ALONG EVANS BE THE TYPE OF TREES THAT ARE SLOW GROWING AS TO NOT INTERFERE WITH UTILITY LINES.