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He clarified that there are several issues covered in the staff review letter that will nccd to bc <br />addressed. The Lower Rum River Water Management Agency (LRRWMO) will require a permit <br />for the stormwater drainage into the wetlands. This permit will also address the adequacy of the <br />erosion control measures during construction. <br /> <br />He mentioned that the Park Commission will meet on Thursday, January 10, 2002 to review the <br />preliminary plat and to make a determination on park and trail dedication matters. The Park <br />Commission's actions will be reported to the City Council. Preliminary comments from Mark <br />Boos, Park Director, regarding park dedication and trail issues are contained in the staff review <br />letter. <br /> <br />Principal Planner Trudgeon reiterated the issues raised by residents of 145th Court during the <br />previous meetings on this development regarding the buildability of Lot 2, Block 1. The <br />residents were concerned that the lot was configured in such a way that only a very small house <br />could fit on the lot. Residents were concerned that a small house would detract from the existing <br />homes in the area. Staff has reviewed the lot and has determined that a house with a footprint of <br />at least 1100 square feet can be located within the setback area. The developer has prepared an <br />architectural drawing and a floor plan for a house that could be located on the property. The <br />Planning Commission also heard a lot of testimony regarding the saving of trees along the <br />existing path, the peninsula, and the perimeter of the development property. Royal Oaks Realty <br />has agreed to leave these lots as custom lots and leave the trees on the residential lots. Each <br />buyer of the lots will then decide how many and which trees will be removed when they build a <br />house on the lot. Staff has asked for additional information regarding tree preservation to be <br />submitted to the City. <br /> <br />Principal Planner Trudgeon further explained that shortly after the City Council meeting <br />regarding the original preliminary plat, the City received notice from the State Environmental <br />Quality Board (EQB) that a citizen petition had been filed in relation to The Ponds subdivision <br />requesting that the City require an Environmental Assessment Worksheet (EAW) be prepared for <br />the development. Prior to the meeting, staff had already determined that a mandatory EAW was <br />not required since the minimum thresholds that the State of Minnesota requires for <br />environmental review were not exceeded. State regulations require the City Council to <br />determine whether or not an EAW should be required once a valid petition has been submitted to <br />the EQB. Due to the fact the original plan was withdrawn, the City Council has not made any <br />determination on the EAW. The revised preliminary plat will require the City Council to make a <br />determination on whether or not an EAW should be required. <br /> <br />After the June City Council meeting, the City had Pro Source Technologies, Inc. review the <br />development proposal to determine if an EAW was needed and to respond to the citizen petition. <br />Their review indicated that the development of the property will not have a significant <br />environmental effect and does not warrant the preparation of an EAW. Pro Source's review <br />looked at the same issues as an EAW would require. Pro Source did identify the development <br />property as potential habitat for the Blanding's Turtle, although none have ever been spotted on <br />the property. Pro Source recommended that the City and the Developer institute mitigation <br /> <br />Planning Commission/January 3, 2002 <br /> Page 7 of 18 <br /> <br /> <br />