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0 DRAFT CITY COUNCIL MINUTES <br /> OCTOBER 17, 1994 <br /> 7.9. Consider a Rezoning Request by the City of Elk River, Public Hearing, Case No. ZC <br /> 94-10 <br /> City Planner Steve Ach indicated that the City is requesting to rezone <br /> approximately 150 acres from PUD (Planned Unit Development) and C2 (Office <br /> District) to BP (Business Park). He explained that on September 19, the City <br /> Council continued discussion on this item to allow Country Ridge Partnership an <br /> opportunity to submit a plan to the City illustrating how they would like their <br /> property developed. He indicated that their property is included in the City's <br /> proposed rezoning to BP. Mr. Ach indicated that Country Ridge Partnership has <br /> submitted a plan showing their preference in zoning the property. The Council <br /> reviewed the plan which shows 13 acres along Highway 10 zoned as C-3 <br /> (Highway Commercial) and the remaining 15 acres zoned as Business Park. Steve <br /> Ach indicated that following review of the plan, staff is recommending that the <br /> entire area be rezoned to business park. <br /> Mayor Duitsman opened the public hearing. <br /> Jay Johnson of Country Ridge Partnership, indicated that Country Ridge <br /> Partnership prefers that a portion of their property be zoned C-3. He indicated <br /> • that there are differences between the BP and C-3 zoning. He stated that C-3 <br /> zoning would allow them more flexibility in uses. He explained that many uses <br /> such as retail shops and convenience stores are allowed only by conditional use <br /> permits in a BP zone. He also explained that the minimum lot size in a C-3 zone is <br /> one-half acre less than in a BP zone. He requested the Council to act on the BP <br /> zone change as proposed by Country Ridge Partnership or to table the issue until <br /> the proposal is reviewed by the Planning Commission. <br /> There being no further comments, Mayor Duitsman closed the public hearing. <br /> Councilmember Dietz indicated that the design proposed by Country Ridge <br /> Partnership leaves no access to the Business Park zone off of Highway 10. <br /> Councilmember Dietz indicated that allowing Country Ridge Partnership to zone <br /> part of the proposed BP land to another zoning could set a precedent. He <br /> indicated that other land owners may have the same request and the City could <br /> eventually lose most of its BP land. <br /> Councilmember Scheel indicated she saw no difference between the request by <br /> Country Ridge Partnership to rezone its property from a previous rezoning request <br /> made by Riverside Development. She indicated that because the property was <br /> owned by Country Ridge Partnership, they should be able to zone it as they felt <br /> appropriate. <br /> Discussion was held by the Council regarding the fact that if the Council rezones <br /> the entire parcel to BP, the option to rezone a portion of the property to <br /> • commercial at a later date would still be open to Country Ridge Partnership. <br />