Minutes - Council - 02/12/2002 - Laserfiche WebLink

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unit~ fi'om the road and found them acceptable. The ~idewalk ordinance callg for ~idewalk to be installed on all roads except cul-de-sacs. The developer has indicated in written correspondence that they will comply with City Ordinances. Sidewalk on one side of the street will be required on Iodine Street, Fluorine Court, 143rd Lane, 144'h Lane, and 144t~' Circle. The grading and drainage plan is generally acceptable. However, there are several issues covered in the staff review letter that will need to be addressed. The Lower Rum River Water Management Agency (LRRWMO) will require a permit for the stormwater drainage into the wetlands. This permit will also address the adequacy of the erosion control measures during construction. The Park Commission met on Thursday, January 10, 2002 ,to review the preliminary plat. The Commission decided to accept park dedication as a combination of cash and land dedication. The land dedication will be as shown on the preliminary plat except for the trail corridor going east to Dysprosium will be enlarged to 35 feet in width. Preliminary comments from Mark Boos, Parks/Utilities Supervisor, regarding park dedication and trail issues are contained in the staff review letter. During the Planning Commission and City Council meetings in June 2001, concerns were raised by residents of 145t~ Court regarding the buildability of Lot 2, Block 1. The residents were concerned that the lot was configured in such a way that only a very small house could fit on the lot. Residents were concerned that a small house would detract from the existing homes in the area. Staff has reviewed the lot and has determined that a house with a footprint of at least 1100 square feet can be located within the setback area. The developer has prepared an architectural drawing and a floor plan for a house that could be located on the property. The City Council also heard a lot of testimony regarding the saving of trees along the existing path, the peninsula, and the perimeter of the development property. Royal Oaks Realty has agreed to leave the peninsula lots as custom lots. Initially, the only trees that will be removed will be for the road right-of-way. Each buyer of the lots will then decide how many and which trees will be removed when they build a house on the lot. The applicant has also shortened the depth of lots adjacent to the existing path. This decrease in lot depth will preserve more land and trees along the trail as park land. Mark Boos, Parks/Utilities Supervisor has met with the applicant regarding tree preservation and they have agreed upon tree preservation measures. Shortly after the City Council meeting regarding the original preliminary plat, the City received notice from the State Environmental Quality Board (EQB) that a citizen petition had been filed in relation to The Ponds subdivision requesting that the City require an Environmental Assessment Worksheet (EAW) be prepared for the development. Prior to the meeting, staff had already determined that a mandatory EAW was not required since the minimum thresholds that the State of Minnesota requires for environmental review were not exceeded. State regulations require the City Council to determine whether or not an EAW should be required once a valid petition has been submitted to the EQB. Due to the fact the original plan was withdrawn, the City Council has not made any determination on the EAW. Since the plat has been resubmitted, the Council needs to make a determination prior to the consideration of the preliminary plat on whether or not an EAW should be required. A resolution to adopt findings of facts and making a determination on the need for an EAW is attached as part of this case. After the June City Council meeting, the City had Pro Source Technologies, Inc. review the development proposal to determine if an EAW was needed and to respond to the citizen petition. Their review indicated that the development of the property will not have a significant environmental effect and does not warrant the preparation of an EAW. Pro City Council/February 12, 2002 Page 16 of 33