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16. The developer shall construct a scenic trail through the subdivision. <br />Background/Discussion <br />The applicant, Twin Cities Land Development (TCLD), has submitted land use applications seeking approval <br />for a 104-lot residential subdivision. The subject site is located northwest of the intersection of County Roads <br />33 and I, with frontage and access to County Road 33. The proposed land and zoning amendments allow the <br />development to include parcels as small as 0.92 acres, with most parcels larger than one acre. <br />The proposed subdivision is unique in that it will connect to the existing city sewer service beneath County <br />Road 33, which was installed to provide service for Windsor Park, while providing private water service (well) <br />connections. The utility connection configuration has been reviewed in concept by both the City Council and <br />the Elk River Municipal Utilities Commission, having received support from both bodies. <br />Park Dedication <br />The Park and Recreation Commission has reviewed this subdivision for park dedication. The developer had <br />proposed dedicating two parcels, both abutting Burr Oak Park, to satisfy a portion of the land dedication <br />requirements. The ordinance requires total land dedication at 8.8 acres, and the proposed dedication totals <br />3.14 acres, or 35.69% of the requirement. The remaining dedication requirement will be satisfied through a <br />reduced per lot cash dedication (estimated at $1,971.57/lot). The final amount will be determined by the final <br />plat and development agreement as part of a future application. <br />The Commission also recommends an alternative trail be constructed at the developer's expense. The trail <br />would provide a scenic substitute to the current recommendation along the roadside. A specific location was <br />not provided, but the commission would like the developer to include this in future plans. <br />The applicant has proposed that the remaining cash dedication should be satisfied with the construction of the <br />trails recommended as a condition of approval. This request would meet all the cash dedication requirements. <br />City codes address this subject in two different sections. <br />Sec. 30-536 states: <br />Sidewalks may be required along one or both sides of all arterial and collector streets in residential, commercial, and <br />industrial areas or within a subdivision when it is determined by the city council that a sidewalk will benefit pedestrian <br />circulation. <br />Sec. 30-327 (h) and (i) state: <br />(h) Improvements to dedicated land. As part of the subdivision approval, the tract owner shall be responsible <br />for making certain improvements to land dedicated for park, trail and public open space purposes, including, <br />but not limited to, finished grading, ground cover, construction of trails and clearly identifying park <br />and trail boundaries with city -approved markers. <br />(i) Credit for construction of recreational facilities. Park dedication credit shall not be granted for the <br />construction of recreational facilities unless specifically approved by the city council. The submission for <br />review by staff and the park and recreation commission shall include an estimate of installation costs, <br />equipment specifications and a site plan. The Parks and Recreation Commission shall review such <br />improvements to be appropriateness to the Park and Trail Master Plan. <br />Planning Commission <br />The Commission held a public hearing on these items on August 27, 2024. Three residents spoke during the <br />public hearing. One noted that he was happy to see that the project was not a clustered septic system as <br />there have been numerous issues with them throughout the community. A second resident asked for more <br />details regarding the proposed sewer connections, the location of a trail, and proposed setbacks. The third <br />resident had numerous concerns regarding the number of wells, the transition away from rural residential <br />Page 135 of 381 <br />