HomeMy WebLinkAbout9B - Dakotah Parkway CUP
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
APRIL 16, 2001
9B
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING
THE CONDITIONAL USE PERMIT TO ALLOW THE
GRADING AND EXCAVATION OF PROPERTY LOCATED IN
SECTION 28, TOWNSHIP 115, RANGE 22 TO CONSTRUCT
DAKOTAH PARKWAY (CASE FILE #01-010)
History: The Shakopee Mdewakanton Sioux Community (SMSC) is
proposing to grade and excavate approximately 10,000 cubic yards on
the property located on the west side of CSAH 83, approximately %
mile south of CSAH 42 and Y4 mile north of CSAH 82. The purpose
of this excavation is to create an access drive to the Mystic Lake
Casino. The proposed access drive is a 4-lane divided roadway with
curb and gutter and left turn lanes at the intersections. While the
access drive will be open for general public use, it will be maintained
by the SMSC. This CUP application is specifically for the grading and
excavation of this site as required by Section 1101.509 (Grading,
Filling, Land Reclamation, Excavation) of the Zoning Ordinance,
which requires a Conditional Use Permit for excavation of more than
400 cubic yards. The Dakotah Parkway project was specifically
excluded from the provisions of the moratorium on gravel mining and
excavation recently imposed by the City Council.
On March 26,2001 the Planning Commission considered the proposal
at a public hearing. At the hearing, the applicant stated they have no
objection to the recommended conditions with the exception of the
need for a letter of credit. The applicant felt the LOC is not required
from one governmental entity to the next. The Zoning Ordinance,
however, does not make a distinction between private property owners
and governmental units for purposes of development on private
property.
The Planning Commission determined this proposal met the ordinance
requirements. The Commission recommended approval of this request
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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subject to specific conditions. A draft copy of the minutes of the
Planning Commission meeting is attached to this report.
Current Circumstances: The total site consists of approximately 80
acres. This site has a varied topography, with elevations ranging from
974' MSL at its highest point to 944' MSL at the lowest point. The
majority of the site drains to the wetland on the west side of the
property. A portion of the site also drains to the wetland on the east
side of the property. The following is a more detailed analysis of the
existing site.
Vegetation: This site is a combination of woodland and pastureland.
There are several significant trees, some of which will be removed by
the excavation. The project is subject to the Tree Preservation
requirements of the Zoning Ordinance. The applicant has submitted an
inventory of the significant trees on the site, which identifies 1,880
caliper inches of significant trees. The Tree Preservation Ordinance
allows removal of 25% of the total caliper inches for grading and
utilities without tree replacement. Removal of additional caliper
inches requires replacement at a rate of 1/2 caliper inch for each
caliper inch removed. The plan submitted indicates a total of 1,114
caliper inches of significant trees, or 59.2%, will be removed. This
requires replacement of 322 caliper inches of trees. The applicant has
submitted a landscaping plan identifying the location and number of
replacement trees on the site.
Wetlands: There are also two wetlands located within this site, with a
total area of 37.8 acres. The plans indicate 1.33 acres of the wetland
located on the west side of the property will be filled as a result of this
project. The plans also indicate 0.06 acres of the wetland on the east
side of the site will be filled. The applicant has submitted a wetland
mitigation plan for this project. This plan is undergoing review by the
Technical Evaluation Panel (TEP). The plan must be approved prior
to approval of any permits.
Access: Access to the site is from CSAH 83 on the east side of the
site. The Scott County Highway Department has reviewed this
application and has no comments.
2020 Comprehensive Plan Designation: This property is designated
for Hospitality General Business uses on the 2020 Comprehensive
Plan Land Use Map.
Zoning: The site is zoned A (Agricultural). The east half of the site is
also located within the Shoreland District for Mystic Lake. There is no
development, other than road construction, within the Shoreland
District.
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The Issues: The proposed Conditional Use Permit should be reviewed
in accordance with the criteria found in Section 1108 of the City Code
and Section 1101.509. Section 1101.509 is the provision on Grading,
Filling, Land Reclamation, and Excavation. The criteria are set out
below:
City Code 1101.509 (2) Excavation.
Excavation of material exceeding 400 cubic yards of sand, gravel, or
other material from the land shall be permitted only by CUP. The
permit application shall include, but is not limited to, a site plan which
shows the finished grade of the land after the excavation has been
completed, the effect of the proposed excavation upon the community
and the adjacent land, the type of material to be extracted from the
land, the type of equipment to be used, the period of time the
excavation operation will be conducted, plans for implementation of
measures to guarantee safety of the site and the excavation operation,
plans for rodent and other animal control, fire control, general
maintenance of the site and adjacent area, providing for control of
material hauled to or from the site, and controls to be employed to
limit the effect of wind or other elements on the site and the material
extracted from the site.
The permit application shall include a plan which shows the routes of
trucks moving to and from the site to remove material from the site, an
inventory of significant trees on the site, and other pertinent
information necessary to the decision whether to approve the CUP.
No permit shall be granted for a period longer than 12 months.
The CUP shall impose conditions upon the owner of the land to be
excavated and the person performing the excavation operation which
will prevent damage to the community and adjacent landowners
during the course of the excavation operation. Those conditions may
impose restrictions in all areas affecting the excavation operation and
the City may require a Letter of Credit to insure the conditions
imposed and the completion of the work will be performed in the
manner described in the plan and CUP.
Section 1108.200 of the City Code sets forth the criteria for approval
ofa CUP.
(1) The use is consistent with and supportive of the goals and
policies of the Comprehensive Plan.
One of the goals of the 2020 Comprehensive Plan is to plan for
access to and movement of people, goods and services. Approval of
this CUP will allow the creation of an additional access to the Mystic
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Page 3
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Lake Casino. This access will help to relieve congestion on existing
roads.
Objective 5, under the goal of Security, is to provide for
conservation and protection of the natural environment. The policies
include providing adequate regulation to prevent the development of
endeavors which will create a hazard to the environment and to
require developers to retain the natural environment as much as
possible. The conditions set forth in this CUP address
environmental hazards and require tree replacement and wetland
mitigation.
(2) The use will not be detrimental to the health, safety, morals and
general welfare of the community as a whole.
Based on staff review, the proposed use will not be detrimental to
the health, safety, morals and general welfare of the community.
The conditions of the approving resolution are intended to ensure
ongoing protection of the community.
(3) The use is consistent with the intent and purpose of the Zoning
Ordinance and the Use District in which the Conditional Use is
located.
Section 1101.509 of the Zoning Ordinance allows Grading, Filling
and Land Reclamation as a Conditional Use within any zoning
district. The conditions set forth in the Zoning Ordinance will be
met with the issuance ofthe Conditional Use permit.
(4) The use will not have undue adverse impacts on governmental
facilities, services, or improvements which are either existing or
proposed.
The use will not have adverse impacts on governmental facilities,
services or improvements since approval will actually help to
alleviate traffic on the existing roads. During excavation, the
applicant will be responsible for maintaining the condition of the
adjacent roads.
(5) The use will not have undue adverse impacts on the use and
enjoyment of properties in close proximity to the conditional
use.
The use will not have undue adverse impacts on the use and
enjoyment of properties in close proximity. The excavation will take .
place on an 80 acre parcel of land, and includes only a small portion
of the site.
(6) The use is subject to the design and other requirements of site
and landscape plans prepared by or under the direction of a
professional landscape architect, or civil engineer registered in
the State of Minnesota, approved by the City Council and
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incorporated as part of the conditions imposed on the use by the
City Council.
A landscape plan identifying the required replacement trees has been
submitted. The applicant will be required to submit a Letter of
Credit in order to ensure compliance with this requirement.
(7) The use is subject to drainage and utility plans prepared by a
professional civil engineer registered in the State of Minnesota
which illustrate locations of city water, city sewer, fire hydrants,
manholes, power, telephone and cable lines, natural gas mains,
and other service facilities. The plans shall be included as part
of the conditions set forth in the CUP approved by the City
Council.
The plans have been prepared by a civil engineer.
(8) The use is subject to such other additional conditions which the
City Council may find necessary to protect the general welfare,
public safety and neighborhood character. Such additional
conditions may be imposed in those situations where the other
dimensional standards, performance standards, conditions or
requirements in this Ordinance are insufficient to achieve the
objectives contained in subsection 1108.202. In these
circumstances, the City Council may impose restrictions and
conditions on the CUP which are more stringent than those set
forth in the Ordinance and which are consistent with the
general conditions above. The additional conditions shall be set
forth in the CUP approved by the City Council.
Additional conditions to ensure the protection of the general health,
safety and welfare of the public are included as part of the CUP.
These conditions include hours of operation, responsibility for road
clean up and the need for permits from other governmental agencies.
Conclusion: The staff recommended approval of the CUP with the
following conditions:
1. Prior to beginning any work on the site, the applicant must obtain
approval of the wetland mitigation plan.
2. Prior to beginning any work on the site, the applicant must obtain a
permit from the Watershed District and from any other agency as
required. Copies of the approved permit must be submitted to the
City.
3. An Irrevocable Letter of Credit, on a form prepared by the City and
approved by the City Attorney, is to be submitted prior to the
recording of the resolution. The amount of the LOC is for 125% of
the cost of the landscaping. Bids or estimates for the required
landscaping must be submitted to the City for review and approval.
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Page 5
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FISCAL IMPACT:
ALTERNATIVES:
4. The excavation must be done according to the approved plans.
5. The clean up of gravel as a result of spills or general transportation
of gravel on any public road shall be the responsibility of the
applicant.
6. Hours of operation are 6:30 a.m. to 7:30 p.m. Monday through
Friday (weekdays) and 8:00 a.m. to 12:00 noon on Saturdays.
7. Watering for dust control shall be done on an as needed basis or
within 24 hours written notice from the City. Such notice shall be
transmitted by facsimile to the applicant. Dust control includes the
entire project area and is not limited to roadways. Water for dust
control shall be provided from an off-site source.
8. The CUP is valid for one year, but is revocable at any time for
noncompliance with any condition contained herein. At the
expiration of its one (1) year term, the property owner may make
application to the City to renew the CUP. The initial approval of
this CUP does not create any right, in law or equity, to the renewal
thereof. Any renewal of the CUP is subject to City Council
approval and is to include any information as requested by City
staff or the City Council that would aid the City Council in
determining whether the excavation activities conducted pursuant
to this CUP created any adverse impacts to the health, safety or
welfare of the City or its residents.
The Planning Commission also recommended approval of this request,
but did not include the condition requiring a letter of credit. The
Commission recommended that the staff explore the need for a letter
of credit from another government with the City Attorney.
The staff has reviewed the need for a letter of credit with the City
Attorney. According to the attorney, even though the applicant is
another government, this does not preclude the need for a letter of
credit. If the City Council feels a letter of credit is warranted, the
applicant must meet this condition.
BudJ!et Impact: There is no budget impact with this request.
Approval of this request will allow the construction of an additional
access to Mystic Lake Casino.
The City Council has three alternatives:
1. Adopt Resolution #Ol-XX approving the Conditional Use Permit
subject to the listed conditions.
2. Deny the Conditional Use Permit on the basis it is inconsistent with
the purpose and intent of the Zoning Ordinance and/or the
Comprehensive Plan. In this case, the Council should direct the
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RECOMMENDED
MOTION:
REVIEWED BY:
staff to prepare a resolution with findings of fact for the denial of
these requests.
3. Defer consideration of this item for specific reasons.
Staff recommends Alternative # 1.
A motion and second to approve Resolution 01-XX approving the
Conditional Use Permit, subject to the listed conditions set forth above
together with additional conditions the Council deems appropriate.
Frank B
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RESOLUTION 01~
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW
THE GRADING AND EXCAVATION OF PROPERTY LOCATED IN SECTION
28, TOWNSHIP 115, RANGE 22
MOTION BY:
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SECOND BY:
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WHEREAS, the Prior Lake Planning Commission conducted a public hearing on
March 26, 2001, to consider an application from the Shakopee
Mdewakanton Sioux Community for a Conditional Use Permit (CUP)
to allow the grading and excavation of approximately 10,000 cubic
yards of material for the construction of an access drive on the property
located on the west side of CSAH 83, approximately % mile south of
CSAH 42 and ~ mile north of CSAH 82 and legally described as
follows:
The South 12 of the Southwest 1/4 of Section 28, Township 115, Range
22.
and
WHEREAS, notice of the public hearing on said CUP has been duly published in
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, the Planning Commission proceeded to hear all persons interested in
this issue and persons interested were afforded the opportunity to
present their views and objections related to the proposed CUP; and
WHEREAS, the City Council considered the application for a CUP on April 16,
2001; and
WHEREAS, the Planning Commission and City Council find the CUP in harmony
with both existing and proposed development in the area surrounding
the proj ect; and
WHEREAS, the Planning Commission and City Council find the proposed CUP is
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
compatible with the stated purposes and intent of the Zoning Ordinance
as they relate to conditionally permitted uses, and further, that the
proposed CUP meets the criteria for approval of CUP as contained in
Section 1101.509 of the Zoning Ordinance and Section 1108 of the
Zoning Ordinance.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF PRIOR LAKE, MINNESOTA:
1. It hereby adopts the following findings:
a. The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
One of the goals of the 2020 Comprehensive Plan is to plan for access to and
movement of people, goods and services. Approval of this CUP will allow the
creation of an additional access to the Mystic Lake Casino. This access will help to
relieve congestion on existing roads.
Objective 5, under the goal of Security, is to provide for conservation and protection
of the natural environment. The policies include providing adequate regulation to
prevent the development of endeavors which will create a hazard to the environment
and to require developers to retain the natural environment as much as possible.
The conditions set forth in this CUP address environmental hazards and require tree
replacement and wetland mitigation.
b. The use will not be detrimental to the health, safety, morals and general
welfare of the community as a whole.
Based on staff review, the proposed use will not be detrimental to the health, safety,
morals and general welfare of the community. The conditions of the approving
resolution are intended to ensure ongoing protection of the community.
c. The use is consistent with the intent and purpose of the Zoning Ordinance
and the Use District in which the Conditional Use is located.
Section 1101.509 of the Zoning Ordinance allows Grading, Filling and Land
Reclamation as a Conditional Use within any zoning district. The conditions set
forth in the Zoning Ordinance will be met with the issuance of the Conditional Use
-permit.
d. The use will not have undue adverse impacts on governmental facilities,
services, or improvements which are either existing or proposed.
The use will not have adverse impacts on governmental facilities, services or
improvements since approval will actually help to alleviate traffic on the existing
roads. During excavation, the applicant will be responsible for maintaining the
condition of the adjacent roads.
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Page 2
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e. The use will not have undue adverse impacts on the use and enjoyment of
properties in close proximity to the conditional use.
The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity. The excavation will take place on an 80 acre parcel of land, and
includes only a small portion of the site.
f. The use is subject to the design and other requirements of site and landscape
plans prepared by or under the direction of a professional landscape
architect, or civil engineer registered in the State of Minnesota, approved by
the City Council and incorporated as part of the conditions imposed on the
use by the City Council.
A landscape plan identifying the required replacement trees has been submitted.
The applicant will be required to submit a Letter of Credit in order to ensure
compliance with this requirement.
g. The use is subject to drainage and utility plans prepared by a professional civil
engineer registered in the State of Minnesota which illustrate locations of city
water, city sewer, fire hydrants, manholes, power, telephone and cable lines,
natural gas mains, and other service facilities. The plans shall be included as
part of the conditions set forth in the CUP approved by the City Council.
The plans have been prepared by a civil engineer.
h. The use is subject to such other additional conditions which the City Council
may find necessary to protect the general welfare, public safety and
neighborhood character. Such additional conditions may be imposed in
those situations where the other dimensional standards, performance
standards, conditions or requirements in this Ordinance are insufficient to
achieve the objectives contained in subsection 1108.202. In these
circumstances, the City Council may impose restrictions and conditions on
the CUP which are more stringent than those set forth in the Ordinance and
which are consistent with the general conditions above. The additional
conditions shall be set forth in the CUP approved by the City Council.
Additional conditions to ensure the protection of the general health, safety and
welfare of the public are included as part of the CUP. These conditions include
hours of operation, responsibility for road clean up and the need for permits from
other governmental agencies.
2. The Conditional Use Permit is hereby approved on the property legally described as
follows:
The South Y:z of the Southwest ~ of Section 28, Township 115, Range 22.
3. The Conditional Use Permit is hereby approved subject to the following conditions:
a. Prior to beginning any work on the site, the applicant must obtain approval of the
wetland mitigation plan.
]:\01 files\O 1 cup\dakotah pkw\cc res. doc
Page 3
b. Prior to beginning any work on the site, the applicant must obtain a permit from
the Watershed District and from any other agency as required. Copies of the
approved permit must be submitted to the City.
c. An Irrevocable Letter of Credit, on a form prepared by the City and approved by
the City Attorney, is to be submitted prior to the recording of the resolution. The
amount of the LOC is for 125% of the cost of the landscaping. Bids or estimates
for the required landscaping must be submitted to the City for review and
approval.
d. The excavation must be done according to the approved plans.
e. The clean up of gravel as a result of spills or general transportation of gravel on
any public road shall be the responsibility of the applicant.
f. Hours of operation are 6:30 a.m. to 7:30 p.m. Monday through Friday (weekdays)
and 8:00 a.m. to 12:00 noon on Saturdays.
g. Watering for dust control shall be done on an as needed basis or within 24 hours
written notice from the City. Such notice shall be transmitted by facsimile to the
applicant. Dust control includes the entire project area and is not limited to
roadways. Water for dust control shall be provided from an off-site source.
h. The CUP is valid for one year, but is revocable at any time for noncompliance
with any condition contained herein. At the expiration of its one (1) year term,
the property owner may make application to the City to renew the CUP. The
initial approval of this CUP does not create any right, in law or equity, to the
renewal thereof. Any renewal of the CUP is subject to City Council approval and
is to include any information as requested by City staff or the City Council that
would aid the City Council in determining whether the excavation activities
conducted pursuant to this CUP created any adverse impacts to the health, safety
or welfare of the City or its residents.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional
Use Permit for the grading and excavation of approximately 10,000 cubic yards of
material for the construction of an access drive as shown on Exhibit A. The contents of
Planning Case File #01-010 is hereby entered into and made a part of the public record
and the record of the decision for this case.
Passed and adopted this 16111 day of April, 2001.
YES
NO
Mader Mader
Ericson Ericson
Gundlach Gundlach
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Planning Commission Meeting
March 26. 2001
Vote taken indicated ayes by all. MOTION CARRIED.
The earliest this item would go to City Council is April 16, 2001.
B. Case File #01-010 - Shakopee Mdewakanton Sioux Community is requesting
a Conditional Use Permit to allow grading and excavation for an access drive to
Mystic Lake Casino on the property located on the west side of CSAH 83,
approximately % mile south of CSAH 42 and If.. mile north of CSAH 82.
Planning Coordinator Jane Kansier presented the Planning Report dated March 26, 2001,
on file in the office of the City Planning Department.
The Shakopee Mdewakanton Sioux Community (SMSC) is proposing to grade and
excavate approximately 10,000 cubic yards on the property located on the west side 0
CSAH 83, approximately % mile south of CSAH 42 and ~ mile north of CSAH 82. The
purpose of this excavation is to create an access drive to the Mystic Lake Casino. Section
1101.509 Grading, Filling, Land Reclamation, Excavation requires a Conditional Use
Permit for excavation of more than 400 cubic yards.
Staff recommends approval of the conditional use permit request, subject to the following
conditions:
1. Prior to beginning any work on the site, the applicant must obtain approval of the
wetland mitigation plan.
2. Prior to beginning any work on the site, the applicant must obtain a permit from the
Watershed District and from any other agency as required. Copies of the approved
permit must be submitted to the City.
3. An Irrevocable Letter of Credit, on a form prepared by the City and approved by the
City Attorney, is to be submitted prior to the recording of the resolution. The amount
of the LOC is for 125% of the cost of the landscaping. Bids or estimates for the
required landscaping must be submitted to the City for review and approval.
4. The excavation must be done according to the approved plans.
5. The clean up of gravel as a result of spills or general transportation of gravel on any
public road shall be the responsibility of the applicant.
6. Hours of operation are 6:30 a.m. to 7:30 p.m. Monday through Friday (weekdays) and
8:00 a.m. to 12:00 noon on Saturdays.
7. Watering for dust control shall be done on an as needed basis or within 24 hours
written notice from the City. Such notice shall be transmitted by facsimile to the
applicant. Dust control includes the entire project area and is not limited to roadways.
Water for dust control shall be provided from an off-site source.
8. The CUP is valid for one year, but is revocable at any time for noncompliance with
any condition contained herein. At the expiration of its one (1) year term, the
L:\OI files\OI plancomm\O I pcminutes\mn03260 I.doc 7
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Planning Commission Meeting
March 26, 200}
property owner may make application to the City to renew the CUP. The initial
approval of this CUP does not create any right, in law or equity, to the renewal
thereof. Any renewal of the CUP is subject to City Council approval and is to include
any information as requested by City staff or the City Council that would aid the City
Council in determining whether the excavation activities conducted pursuant to this
CUP created any adverse impacts to the health, safety or welfare of the City or its
residents.
Atwood:
. Questioned the Letter of Credit. Kansier explained the landscaping escrow and
requirements. It is a tool for the City to ensure the requirements are met.
Stamson:
. Does this become a public road? Kansier said it would not.
Comments from the public:
Stan Ellison, representing the Shakopee Mdewakanton Sioux Community, presented the
layout of the road and extensions. Native grass will be planted in the medians. Maple
and Basswood trees will be planted along the roads. Other trees being removed will be
replaced with a broad spectrum of species on the trust land. It will all look natural. A
number of impacts have been addressed. The Community feels there will be many
benefits to this road. It will decrease traffic on County Road 83. The intention is an
alternative to County Road 83. If County Road 83 ever needs to be worked on, it will
provide alternative routes. This will also allow additional water mains to tribal
subdivisions. Ellison understands the Letter of Credit, however the applicant is not a
developer, it is another government. He felt the issue is not that the Community could
not afford it, they can. It is another government and should be treated as that, not another
developer.
Mike Witt, Environmental Specialist with the Shakopee Mdewakanton Community
Sioux, spoke with Water Resource Coordinator Lani Lechty from the City and other
government agencies that are satisfied with the wetland impacts.
The floor was closed.
Comments from the Commissioners:
Criego:
. Questioned the future plans relating to the northern property and east of the
proposed road. Ellison responded it will be a vegetated cover in the short term.
The long-term plan is for institutional use. There are no details at this time.
. How does Staffwant to address the government-to-government Letter of Credit?
Rye said there may be a valid point. Will explore with the city attorney.
. The plan is fine with no problem removing the Letter of Credit.
L\OI files\OI pJancomm\OI pcminutes\mn03260 I.doc 8
Planning Commission Meeting
March 26, 2001
Stamson:
. Concurred with Criego.
. Should explore Letter of Credit issue and remove it if possible.
. Move forward.
Atwood, Lemke and V onhof:
. Agreed with the comments.
. Request the Letter of Credit issue be reviewed by the City Attorney.
MOTION BY CRIEGO, SECOND BY STAMSON, TO RECOMMEND APPROVAL
OF THE CONDITIONAL USE PERMIT SUBJECT TO THE STAFF REPORT
CONDITIONS EXCLUDING ITEM #3 REGARDING THE LETTER OF CREDIT TO
BE ADDRESSED BY THE CITY ATTORNEY AND BASED ON THAT DECISION
GOES FORWARD.
Vote taken indicated ayes by all. MOTION CARRIED.
C. Case File #01-017 - Mark Crouse is requesting variances for impervious
surface and the ordinary high water mark for the construction of a deck on the
property located at 15507 Calmut Avenue.
There were no comments from the public.
V onhof read a letter submitted by Mark Crouse requesting a continuance of the hearing to
April 23, 2001.
MOTION BY STAMSON, SECOND BY ATWOOD, TO CONTINUE THE HEARING
TO APRIL 23, 2001.
Vote taken indicated ayes by all. MOTION CARRIED.
D. Case Files #01-008 and 00-009 Centex Home is requesting a preliminary plat
and Conditional Use Permit for 38.9 acres of vacant land located on the west side of
CSAH 83, ~ mile south of CSAH 42, in the East Y2 of the NW ~ of Section 28,
Township 115 North, Range 22 West. The proposal is to create 54 single family lots
and to approve a Conditional Use Permit to allow a cluster development of 68
townhouses. (Continuedfrom the March 12, 2001 meeting)
Planning Coordinator Jane Kansier presented a letter from Centex Homes requesting a
continuance to April 9, 2001 to give the developer time to address the issues.
MOTION BY LEMKE, SECOND BY ATWOOD, TO CONTINUE THE MEETING TO
APRIL 9, 2001.
Vote taken indicated ayes by all. MOTION CARRIED.
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