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<br />Planning Commission Minutes <br />September 28, 1999 <br />Page 7 <br /> <br />. <br /> <br />COMMISSIONER THOMPSON MOVED TO CONTINUE THE REQUEST BY WAL-MART <br />STORES, INC., PUBLIC HEARING CASE NO. CU 99-32, TO THE OCTOBER 12, 1999, <br />PLANNING COMMISSION SPECIAL MEETING. IF A QUORUM OF THE <br />COMMISSIONERS IS NOT PRESENT AT THE OCTOBER 12TH MEETING, THE REQUEST WILL <br />BE FORWARDED TO THE OCTOBER 18,1999, CITY COUNCIL MEETING WITH A <br />RECOMMENDATION FOR DENIAL. THE PLANNING COMMISSION REQUESTS THAT IF <br />THE DESIGN OF THE BUILDING IS CHANGED SIGNIFICANTLY, THAT THE COUNCIL <br />REFER THE REQUEST BACK TO THE PLANNING COMMISSION FOR FURTHER REVIEW AT <br />THEIR OCTOBER 26, 1999, PLANNING COMMISSION METING. COMMISSIONER <br />KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> <br />5.5. <br /> <br />Reauest bv City of Elk River for Ordinance Amendment to Allow Clustered <br />Subdivisions in the R1 a and A 1 Zonina Districts, Public Hearina Case No. OA 98-3 <br /> <br />Staff report by Scott Harlicker. The City of Elk River Requests that the Planning <br />Commission review the proposed ordinance amendment to create an Open <br />Space Preservation Development Ordinance. Mr. Harlicker reviewed changes <br />which have been made in the ordinance since Planning Commission review in <br />March, 1999. Staff recommended approval of the ordinance with the changes <br />as presented in the staff report dated September 28, 1999. Mr. Harlicker noted <br />that the Commission may wish to further discuss the following issues: <br /> <br />. <br /> <br />1. Open Space development as a permitted use <br />2. Park dedication <br />3. Density calculation based on the underlying zoning <br /> <br />The Commissioners and staff discussed individual versus clustered septic systems. <br />They also discussed ownership of open space by homeowners' associations. <br /> <br />Commissioner Kuester asked who would have the liability if the parks and trails <br />were open to the public, but are owned by the homeowner's association. Ms. <br />McPherson stated that the homeowner's association would carry liability <br />insurance. <br /> <br />Commissioner Kuester expressed her concern that a homeowners' association <br />may be too restrictive in allowing the public to use trails. Peter Beck, City <br />Attorney, stated that in that case, the city would not approve an agreement for <br />use of the trails and the developer would not receive the density bonus. <br />Commissioner Kuester stated that she felt all trails to be used by the public should <br />be either dedicated or covered by an easement. <br /> <br />Chair Cote opened the public hearing. <br /> <br />Norman Lemon, 11216 Brook Road, expressed his concern that a plat was <br />approved at the previous Planning Commission meeting which allowed the <br />developer to subdivide the property into 1 acre lots with septic systems. He <br />stated that he felt 2-1/2 acres is necessary for locating a septic system so that if it <br />fails, an alternate site is available. <br /> <br />. <br /> <br />Dave Anderson, Park and Recreation Commissioner, commended the Planning <br />Commission for their work on the open space ordinance. He supported having <br />