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6.6. SR 07-20-1998Item # 6.6. ,.ity of River MEMORANDUM TO: FROM: DATE: Council Mayor and City ti, Scott Harlicker, Planning Assista July 20, 1998 SUBJECT: Sale of City Property at Holt Street, 193ra Avenue and Highway 169 I$$ug At the June 23rd Planning Commission meeting the Commission approved a motion which found the sale of city property located at the intersection of Holt Street, 193ra Avenue and Highway 169 to be consistent with the city's Comprehensive Plan. The Commission also discussed the preservation of the existing pine trees on the property. They were concerned about the removal of the trees when the property is developed. In order to ensure the trees are left intact they approved a motion to recommend the Council place a conservation easement on that portion of the plat which includes the pine trees. Attached are copies of the plat and a concept plan which shows how the property could be developed. An alternative to a conservation easement would be to include a deed restriction on the lot limiting the number of pine trees that could be removed. The deed restriction, along with the city's review of any development proposal, would provide a level of security regarding the preservation of the pine trees. As can be seen on the concept plans, the site can be developed while preserving a majority of the pine trees. Should the Council decide to protect the pine trees with a deed restriction, staff is suggesting the following restriction be added to the deed: The existing pine trees north of the extension of the right-of-way for 193ra Avenue shall be preserved. \\elkriver\sys\shrdoc\planning\scott\gp98-4cc.doc 13065 Orono Parkway · P.O. Box 490 * Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Planning Commission Minutes May 26, 1998 Page 7 Sale of City Property, Case No: GP 98=4 Staff report by Scott Harlicker. The Planning Commission is asked to consider if the sale of city property at the northwest corner of Highway 169 and 193rd Avenue is in conformance with the City's Comprehensive Plan. Several of the Commissioners expressed their concern that the stand of trees is not platted as an outlot and there would be no way to preserve them, once the city loses ownership of the property. They did not feel they could support the sale of the property unless staff can provide findings that the sale of the property is consistent with the Comprehensive Plan. COMMISSIONER THOMPSON MOVED TO TABLE THE SALE OF CITY PROPERTY, CASE NO. GP 98-4, UNTIL THE JUNE 23, 1998, PLANNING COMMISSION MEETING. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. Update on 5/18/98 City Council Meetinq Commissioner Chambers reviewed highlights of the May 18, 1998, City Council meeting. Scott Harlicker provided an update on the North Star Corridor project. 7.2. Workshop Meetin.q Scott Harlicker noted a presentation will be made by the Minnesota land Trust at the June 9th Planning Commission workshop. A 75 acre cluster subdivision (planned unit development) project will be discussed. There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 9:35 p.m. Respectfully submitted, Debbie Huebner Recording Secretary Planning Commission Minutes June 23,1989 Page 3 THESE PERMITS RECEIVE AN AUTOMATIC REVIEW FOR RENEWAL WITH PUBLIC HEARING IN TWO YEARS FROM THE DATE THE CITY COUNCIL ACTS ON THIS REQUEST. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6,3, Request bY U,S, west Wireless fOr Zone Chan.qe; PUbliC Hearin.q Case No, ZC 98-5 6.4, ReqUest bY U.S:: West wireless for COnditional Use Permit; Public Hearin.cl Case No. .CU 98-16 COMMISSIONER KUESTER MOVED TO POSTPONE THE REQUEST BY U.S. WEST WIRELESS FOR A ZONE CHANGE AND CONDITIONAL USE PERMIT TO THE JULY 28, 1998, PLANNING COMMISSION MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Sale of Property at Hi.qhway 169 and Holt Scott Harlicker, Planning Assistant, reviewed findings to support the fact the sale of city property is consistent with the Comprehensive Plan. COMMISISONER MOVED THAT THE PLANNING COMMISSION FINDS THE PROPOSED USE FOR CITY PROPERTY TO BE OFFERED FOR SALE LOCATED AT HIGHWAY 169 AND HOLT IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER THOMPSON MOVED THAT THE PLANNING COMMISSION RECOMMEND THE CITY COUNCIL PLACE A CONSERVATION EASEMENT ON THE PLAT WHICH INCLUDES THE STAND OF TREES TO BUFFER THE RESIDENTIAL AREA FROM THE COMMERCIAL PROPERTY. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Cote opposed. 7.1. Action Taken On Plannin,q rems at 6/15/98 City COuncil Meetin.q Chair Mesich reviewed action taken by the City Council on planning items reviewed at the June 15, 1998 Council meeting. 7.2. Conditional Use Permit Inspection Update Steve Wensman, Planner, explained that Planning staff has been conducting inspections of conditional use permits approved in the past three years. Letters have been sent informing permit holders of compliance deficiencies and letters of thanks for compliance when appropriate. Steve noted staff has had little response from the letters. Permit holders have two years to fulfill the conditions of their permit. 7.3. park of the MOnth Update Steve Wensman, Planner, reviewed progress to date on the "Park of the Month" project. Steve explained that the Park and Recreation Commission has reviewed concepts for 12 of the city's parks to date, and neighborhood groups were invited to review the concept chosen by the Commission for 4 of those parks. I PROPERTY OF UN[ ,Z The North line of Nodheoit (~mdar o( Sec'U¢~ 27. Tmmehlp ~ N~th. Rem~ 26 WN~ Sh~bumd C~.. I, Inne~o~ hoe on [~AJNAC~ Alii) U~IUTY [A~]x~ ~HOWN 'I~:US : I 32.