6.6. SR 08-19-2002 - Laserfiche WebLink

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LARKIN, HOFFMAN, DALY & LINDGKEN, LTD. Mayor and City Council Members August 19, 2002 Page 2 Force, Inc.) If the City fails to secure an adequate extension, then the 60-Day Rule is clear and unambiguous: the application is deemed approved. No further action is required. Gun Lake Ass'n v. County of Aitkin, 612 N.W.2d 177, 181, fn.2 (Minn. App.2000). 2. The Proposed Plat is Consistent with the Zoning District The Staff Report analyzes the plat under the former Rle and Rlc zoning districts. As discussed above, the property that is the subject of this application has been rezoned to R3. Townhouses are an allowed use in the R3 zoning district. The City Planner's report to the Planning Commission May 28, 2002, noted that "The lots in the townhouse portion of the project comply with the dimensional requirements of the R3 district." For instance, the applicable lot width requirement is is 20 feet, not 80 feet as stated by staff. (Staff Report at p. 3). 3. The Plat Provides Adequate Storm Drainage The City requires "adequate storm water drainage" and provides that a subdivision may be "premature if it does not so provide." City Code, Section 1008.08.1 (D)(viii). The City requires information (City Code, Section 1008.10.4(C)) but the only objective standards appear at City Code, Section 1008.14(9). The May 28th, 2002 Staff Report did not indicate that the plat failed to conform in any respect. By letter dated August 13, 2002, the City's consulting Engineer stated "we are not prepared to make a recommendation to approve the preliminary plat." Obviously neither of these comments provides a factual basis for denial. Furthermore, Twin Lakes Crossing includes a storm sewer and five ponds. The project Engineer, Pioneer Engineering, has calculated stormwater drainage and containment, and concluded that it is adequate. 4. The Plat Topography, Vegetation, Soil Types, and Drainage are Suitable for the Development The revised grading plan corrects topography and drainage issues raised during City review. The site will be revegetated in compliance with City standards. The AET finn, acting as consultant to the Applicant, completed a geotechnical investigation and determined that the site is suitable for development. In the same August 13th letter referenced above, the City's Consulting Engineer expressed no opinion on the grading plan. Neither the May 28, 2002 nor the current August 19th, 2002 Staff Report supports denial on these bases. The August 19, 2002 Staff Report is silent as to topography, vegetation (other than trees), soil types, and drainage. The May 28th Staff Report noted the extent of grading and stated that removal of all trees does not satisfy the subdivision ordinance. Currently, the 109-acre Site is approximately 60 acres of woodland. Half the wooded area, approximately 30 acres, will be preserved. In addition, 516 new trees are planned to be planted. Further, the plat is laid out to minimize wetland impacts. Of 37 acres of wetland on the site, only 2.5 acres will be altered. Of these 2.5 acres, 1.5 acres are contained within a man-made ditch. The Subdivision ordinance does not contain topography, vegetation, or soil types standards, other than tree and erosion/sedimentation guidelines. The Plat will comply with these standards as