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City Council Minutes March 17, 1997 Page 11 III + 1. THE CONCEPT PLANS FOR THE ELK RIVER DEVELOPMENT PUD WERE APPROVED WITH BUILDING HEIGHTS, SIGNAGE AND OTHER STRUCTURES, I.E., FLAGPOLES, REDUCED IN HEIGHT TO MINIMIZE THE IMPACT TO THE RESIDENTIAL AREA TO THE EAST. 2. THERE WAS PUBLIC OPPOSITION TO A FLAGPOLE EXCEEDING 35 FT. IN HEIGHT AT BOTH THE PLANNING COMMISSION MEETING ON JULY 25, 1995, AND THE CITY COUNCIL MEETING ON AUGUST 21, 1995. 3. AS A GUIDELINE TO APPROVING THE 35 FOOT HIGH FLAGPOLE, THE MAXIMUM SIGN HEIGHT IN THE C3 (HIGHWAY COMMERCIAL) DISTRICT WAS REFERENCED. 4. GIVEN THE LOCATION OF THE ELK RIVER RETAIL CENTER PUD AND ITS ELEVATION ABOVE THE HIGHWAY AND PROXIMITY TO THE RESIDENTIAL, HEIGHT RESTRICTIONS AND OTHER MEASURES TO MINIMIZE THE IMPACT TO THE RESIDENTIAL AREA WERE TAKEN INTO CONSIDERATION AS PART OF THE PLANNED UNIT DEVELOPMENT. 5. THERE ARE NO SUBSTANTIAL CHANGES IN THE CONDITIONS OF THE SITE WHICH WARRANT AMENDING PREVIOUS ACTION BY THE PLANNING COMMISSION AND CITY COUNCIL COUNCILMEMBER DIETZ SECONDED THE MOTION. 111 Councilmember Farber stated that the petition with over 1,000 signatures is a loud declaration of what the people feel and indicated that he does not want to see a compromise. THE MOTION CARRIED 3-2. COUNCILMEMBER THOMPSON AND COUNCILMEMBER FARBER OPPOSED. 1.`......... 6.6. Derrick Investment Request to Amend PUD to Allow a Townhouse Proiect with no Residency Restrictions P 96-9 City Planner Steve Ach indicated Derrick Investment has made a request to amend the PUD agreement for the Cottages of Elk River eliminating the 55 year residency requirements. Steve Ach stated that the developer has requested to table this item until April 21 so as to have more time to review the options. Mayor Duitsman opened the public hearing. Mayor Duitsman stated that the Council will take no action on the request until the neighboring residents are notified. Judy Gesch - 191st Ave. -requested the Council to think about the increased density of traffic and people if the age restriction is lifted. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THIS ISSUE UNTIL APRIL 21, • 1997 AT 6 PM AT THE ELK RIVER CITY HALL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.