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. . . Planning Commission Minutes October 26, 2004 Page 3 6.3. Request by Fischer Sand & Aggregate, LLC/ Associated Investors of Elk River, Inc. for Preliminary Plat Approval (Elk River Crossing 6th Addition), Public Hearing - Case No. P 04-22 6.4. Request by Fischer Sand & Aggregate, LLC/ Associated Investors of Elk River, Inc. for Conditional Use Permit to Amend PUD Agreement, Public Hearing - Case No. CD 04-33 Director of Planning Michele McPherson reviewed the requests by Fischer Sand & Aggregate and Associated Investors of Elk River for a land use amendment, rezoning, preliminary plat and conditional use permit. She explained that the land use amendment is the most important issue. Staff recommends denial of the request, as it is in conflict with the City's newly adopted Comprehensive Plan and the Economic Development Strategic Plan. Ms. McPherson stated that if the Commission does support the land use amendment, then approval of the rezoning would be consistent with the land use. Ms. McPherson reviewed staff's recommendations relating to the conditional use permit and preliminary plat request regarding transportation issues and drainage. She noted that a conditional use permit will be required for each site if the land use, zone change and conditional use permit for the PUD amendment are approved, whereby the Planning Commission and Council will be able to evaluate the building designs. Ms. McPherson stated that the preliminary plat is consistent with the PUD Development standards, and noted that issues regarding setbacks, parking, and landscaping would be evaluated as part of the specific site plan review. Ms. McPherson stated that the Economic Development Authority made a recommendation for denial of the land use amendment. Chair Ropp opened the public hearing. Rick Martens, partner in the development of Elk River Business Park - Stated that he will continue to market the remainder of the property as Business Park. He explained that the industrial market and manufacturing has changed considerably in the last several years. This site is the only site suitable for an upgraded use. The other Business Park sites have sold at a much lower rate of $1.25 per square foot plus assessments. Mr. Martens explained that there is a physical and visual connection of this site to the commercial area. He felt that the proposed Maxsun Furniture building demonstrates good planning; there would be no loading dock to the north, which there would have been with an industrial use This building will have a small loading dock tucked to one side of the building. He noted that the building will be finished on three sides, and would only have been finished on two sides to meet the Business Park standards. Mr. Martens stated that two of the Economic Development Commissioners were in agreement that this site was a "gray" area and could be used either way. Mr. Martens stated that he felt the use was logical and the situation is similar in other cities, having retail and business park uses mixed together. He sited examples in Brooklyn Park and Blaine. Mr. Martens noted that most of the Tractor Supply site is already zoned commercial. The Maxsun furniture store would consist of warehousing, interior design space, offices, showroom and retail. Mr. Martens explained that even if this site were to be rezoned to commercial, they would still be 50 percent over the amount of industrial square footage they are required to develop as part of the development agreement.