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Planning Commission Minutes Page 5 July lo, Zoo? --------------------------- MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST BY AGGREGATE INDUSTRIES FOR A CONDITIONAL USE PERMIT FOR AN EXPANSION TO AN EXISTING BUILDING, CASE NO. CU 07-19, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE BUILDING OFFICIALS MEMO DATED JUNE 5, 2007 SHALL BE ADDRESSED. 2. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. MOTION CARRIED 5-0. 5.4. Request by City of Elk River for an Amendment to the Citv of Elk River's Land Use Regulations. Section 30-1 Definitions Regarding Berms Case No OA 07 08 Public Hearing Mr. Barnhart stated that this ordinance has been drafted to address the Council's concerns regarding possible burying of large items, as well as impacts of berms on adjacent properties. He noted that berms will still be allowed but that there will be conditions on the height and slope, and berms over three fee in height will require a permit. Commissioner Austad asked what type of live vegetation will be accepted (Condition #3). Mr. Barnhart stated that a minimum would be grass to stabilize the soils. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT REGARDING BERMS, CASE NO. OA 07-08, WITH THE LANGUAGE PROPOSED IN THE STAFF REPORT TO THE COMMISSION DATED JULY 10, 2007. MOTION CARRIED 3-2. Commissioners Austad and Westgaard opposed. 5.5. Request by City of Elk River for an Amendment to the City of Elk River's Land Use Regulations Rewarding a Proposed New Section of the City's Land Use Regulations Entitled "Commercial Reserve" Case No. OA 07-01 -Public Hearin NLr. Barnhart explained that in January, 2007, the City Council authorized staff to generate an ordinance to address the preservation of land for future commercial development. He noted that no rezonings are being recommended at this time and the ordinance only establishes the district. Chair Stevens commended staff for their work on the proposed ordinance language. Commissioner Anderson asked why a setback was included in this ordinance for swimming pools. NIr. Barnhart explained that there are existing residential areas which may be included in the future district, and other districts that include single family residential include these setbacks. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing.