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LAKE ELMO CITY COUNL MINUTES FEBRUARY 18, 1997 5 maintenance agreements, and development contract be submitted for review prior to application of final approval. (Motion passed 5-0). E. Case No. ZAW96-32 Rezone from RR to OP; 11825 50th St. N., Applicant:Bob Engstrom Ann Terwedo reported the legal description for 11825 50th Street N., was not part of the rezoning for the Engstrom/Klatt property. This Is a verification of that rezoning. The Planning Commission recommended approval at its February 10, 1997 meeting. M/S/P Hunt/Dunn - to adopt Ordinance No. 8155 rezoning a 25 acre parcel of land from (RR) Rural Residential to (OP) Open Space Development Area. (Motion passed 5-0). F. Case No. SUB/97-13 Preliminary Plat & Plan, The Field of St. Croix Applicant: Bob Engstrom City Planner Terwedo reported this is a Preliminary Plat and Plan called The Fields of St. Croix on a 126 acre parcel located west of Highway 5, North of Manning Avenue. The development consists of a 46 unit, mixed residential use subdivision and preservation of approximately 81.48 acres buildable land of which 49.81 acres will remain in agricultural use. A variance is requested to Section 700 of the Lake Elmo Municipal Code. The design flow for this treatment system will be over 1500 gallons per day. The system will be a wetland treatment system designed by HRD Engineering. The applicant has submitted a description plan for the CSA Farm, but has not included information regarding that business. The applicant has not submitted details on the townhouses and will need to be reviewed at a later date. Bob Engstrom provided a site plan for the The Fields of St. Croix, and the plan proposes the first phase (146 acres) of a two stage plan on a 246 acre site. Scott Wallace gave a presentation on the wetland treatment system. The Council questioned the definition of a hardship for the variance to the 1500 gallons per day design flow, and asked is there a backup system and will the homeowners assoc. be responsible for this backup system. Mr. Engstrom and Attorney Filla pointed out the City did adopt an amendment to the development standards which does permit the Council, by 4 affirmative votes, to allow a modification of those standards without following a variance process. Filla suggested the applicant come back with an explanation of what is required for the modification to the septic standards at a future date. There was discussion on the proposed improvement of 50th Street which is on the City's overall thoroughfare plan and special assessments for this improvements or possible impact fees under the impact ordinance. M/S/P Hunt/John - to direct the staff to review the City's assessment policy in relationship to Open Space Zoning development, specifically, as to how the City assesses land in common ownership or single ownership and individual lots which may abut against the improved roadway (Motion passed 5-0). M/S/P Hunt/Dunn - to approve Case No. SUB197-13 Preliminary Plat and Plan, The Fields of St. Croix, with the conditions of approval listed in the City Planner's report as amended, with recognition that the condition of the consistency of this proposal with our Open Space Preservation District was given by staff's report and that all documentation for easements, declarations, association by-laws, maintenance agreements, and development contracts be submitted for review prior to application for final approval. (Motion passed 5-0).