7.5 SR 06-16-2025 - Laserfiche WebLink

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The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 7.5 Meeting Date June 16, 2025 Prepared By Zack Carlton, Community Development Director Item Description Ordinance Amendment 25-11: PUD Amendment for Tall Pines Second Addition Reviewed by Cal Portner Tina Allard Action Requested Adopt Ordinance 25-11 codifying and amending the PUD agreement for Tall Pines, subject to the following conditions: 1. Staff approval of all civil plans identifying infrastructure improvements required to meet post-construction stormwater requirements. 2. All improvements must be completed by July 31, 2025. 3. The ordinance amending the PUD will not be recorded until the improvements have been completed, and the city has verified that the pond meets post-construction stormwater requirements. 4. The 25-foot wetland buffer, requiring establishment and maintenance of the vegetation within the setback. The area should not be mowed or otherwise altered. Background/Discussion The Tall Pines Planned Unit Development (PUD) was approved in phases between 2017 and 2020 and included a number of deviations from city ordinances, including reduced setbacks from stormwater ponds. During the construction process, city engineering staff noted that a proposed pond was not functioning as designed. The pond was holding water, although it was designed as a dry pond. This change in functionality impacts the required pond setbacks for multiple homes within the PUD. These encroachments were not approved as part of the original PUD reviews. In order for the property to come into compliance with city processes, the pond needs to be updated to function as intended, or the developer must receive approval for additional structures within the required setback. The developer has requested approval of additional encroachments into the required pond setbacks. This change also requires modifications to the existing pond to ensure compliance with state stormwater standards. Staff included a number of conditions of approval requiring the pond improvements prior to the PUD amendment being recorded. Planning Commission The Commission held a public hearing regarding the proposed PUD amendment on May 27, 2025. During the public hearing, the applicant spoke in support of their request, and noted that he understood the requirement to bring the pond into compliance with state standards. Additionally, multiple residents spoke in support of the proposed change to a pond as they enjoyed the scenery and wildlife habitat it provided. They also submitted photos and a petition outlining their support for the change. Page 533 of 637