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HomeMy WebLinkAbout5A - #EP 05-228 Tollefson Dev. 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: CASE # 5A PUBLIC HEARING TO CONSIDER A REQUEST FOR APPROVAL OF A PRELIMINARY PLAT TO BE KNOWN AS MAPLE GLEN 3rd ADDITION DANETTE MOORE, PLANNING COORDINATOR JANE KANSIER, PLANNING DIRECTOR __X__ YES, CONTINUED MARCH 13, 2006 EP 05-228 INTRODUCTION: Tollefson Development has applied for approval of a development to be known as Maple Glen 3rd Addition on the property located south of Trunk Highway 13 (Maple Glen 2na Addition), north of 180th Street, and west of Wedgewood Lane. The proposal calls for a single-family development consisting of 52 dwelling units on 28.86 (net) acres. The Planning Commission conducted a public heating on this request on February 13, 2006 (minutes attached). The following outstanding issues related to the proposed development were discussed: Unanswered drainage issues related to adjacent residential properties. · Plat issue of Lot 6, Block 1, not meeting Shoreland requirements. · Safety and visibility issues related to 180th Street near the entrance of the development. Reconfiguration of Outlot B to accommodate a future roadway to provide future development options to the southeast. The Commissioners continued the public hearing and requested the developer submit new plans and information addressing the above items. The following staff report has been modified to reflect changes to the proposed development since the February 13th public hearing. 1:\05 files\05 subdivision\05 prelim plat\maple glen 3rd\pc staff report2.doc www.cit~ofpriorlake.com Page 1 Phone 952.447.4230 / Fax952.447.4245 PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total site area consists of 29.69 (gross) acres. There are 0.83 acres of wetland on the site, creating a net acreage of 28.86 acres. Toi~o~raohy: This site has varied topography, with elevations ranging fi.om 964' MSL at the southwest comer of the property to 996' MSL at the northcentral portion of the project site. Veeetation: There are several stands of significant trees on this site, particularly in the northern portion of the project. The project is subject to the Tree Preservation requirements of the Zoning Ordinance. Wetlands: The project site contains 36,361 sq fi of wetland. The plans indicate that 1,600 square feet of the wetland in the northwest comer of the project will be filled. A mitigation plan must be approved prior to any fill on the site. All wetland delineations will need to verified in the spring. Access: Access to the site is fi.om Sunray Boulevard, originating at Trunk Highway 13, north of the site, through the Maple Glen lSt/2nd Addition developments and from 180th Street to the south. 2020 Comprehensive Plan Designation: This property is designated for Low to Medium Density Residential uses on the 2020 Comprehensive Plan Land Use Map. Zonine: The site presently is in the R-1 Zoning District (Low Density Residential). The R-1 district is consistent with the proposed R-L/MD designation. This district permits a maximum density of 3.6 units per acre. The density (net) for the proposed plat is 1.80 units per acre. Shoreland: The site is located west of Rice Lake. The eastern portion of the project is within the Shoreland District. This portion of the project is subject to all Shoreland requirements. Lot 6, Block 2, has been reconfigured since the February 13th public heating and now maintains a lot size of 23,511 square feet, meeting the minimum lot size area of 22,400 square feet for a comer Shoreland lot. PROPOSED PLAN Lots: The preliminary plat consists of 52 lots for single family dwellings and one outlot. The lots range in size fi.om 12,607 square feet to 94,805 square feet (existing dwelling site). Outlot A should be removed fi.om the plat and have a drainage and utility easement provided over the ponding area. Streets: This plan proposes four new public streets. Sunray Boulevard is the primary access point off of Trunk Highway 13, through the Maple Glen 1st and 2nd Additions. Sunray Boulevard extends north to south to 180th Street and serves as the main collector 1:\05 files\05 subdivision\05 prelim plat\maple glen 3rd\pc staffreport2.doc Page 2 street within the development. Malcom Court is a cul-de-sac that extends approximately 475 fi to the west from Sunray Boulevard. Winfield Way extends west from Sunray Boulevard and is approximately 550 ft in length. James Court is a cul-de-sac that extends from to the west from Sunray Boulevard and is approximately 200 fi. In response to the February 13th public hearing, the developer has made the following roadway modifications: · Profiles have been submitted that demonstrate how the grade along 180th Street can be altered in the right-of-way to lower the elevation by four feet (4'). The proposed grade change will allow for improved site lines and safety near the entrance of the development. Cross-sections will need to be submitted to assure there are no negative impacts to adjacent roadways or driveways. This is typically done at the final plat stage. · A 130 ft. roadway stub adjacent to James Court (east of Sunray Boulevard) has been added to the plat to address concerns related to the need for a possible future roadway and utility extensions to the properties southeast of the development. The developer has been working with the Spring Lake Township Board and agreed to provide a pavement overlay for 180th Street for the portion of the road that borders the project and extends to Fairlawn Avenue (to the west). After evaluating any future grading needs for the area (to assure safe visibility), the City will complete the pavement overlay up to Wedgewood Lane. This work will be done as part of this project; details will be outlined in the Development Contract. Sidewalks/Trails: The plan includes an 8 ft bituminous trail extending north to south along the east side of Sunray Boulevard. In addition, a 5 fi sidewalk will extend along the west side of Sunray Boulevard, and on the south side of Winfield Way. The plan will need to be revised to show the trail extending from James Court to 180th Street. Parks: Section 1004.1000 of the Subdivision Ordinance requires 10% of the net area of the site for parkland dedication. The net area for the project is 28.86 acres, which would require 2.89 acre park. The site benefits from an adjacent 4.9 acre park located to the north in Maple Glen 1st and 2nd Additions. The developer will be required to make a cash dedication in lieu of land. Sanitary Sewer/Water Mains: Sanitary sewer and water mains will be extended from the north in Sunray Boulevard right-of-way. Storm Sewer: The majority of the site will have storm sewer directed to Sunray Boulevard, which will drain to a pond located in the southwest comer of the project. The City and the Prior Lake/Spring Lake Watershed District will need to review the proposed design prior to Final Plat approval. Density/Lots: The plat proposes 51 single family units. Density for this development is based on the R-1 district maximum allowed density of 3.6 units per acre and 2.0 units per acre within the Shoreland area. The minimum lot area and lot width in the R-1 district is 1:\05 files\05 subdivision\05 prelim plath"naple glen 3rd\pc staffreport2.doc Page 3 12,000 sq. fi. and 86 fi at the front building line. All lots within the Shoreland area will be required to have a minimum lot area of 20,000 sq. fi. and a 100 fi lot width. The proposed plat will need to be revised to meet these requirements. Drainage: The developer has submitted additional modeling showing that the proposed ponding will meet City requirements. The applicant will need to have an approved Prior Lake-Spring Lake Watershed District permit to any grading on the site. Tree Replacement: The applicant has submitted an inventory identifying 5,586 caliper inches of significant trees on the site. The Zoning Ordinance allows up to 25% of the significant caliper inches to be removed for road and utility purposes, and up to 25% for building pads and driveways. The number of significant inches removed over and above these percentages must be replaced at a rate of a 1/2 caliper inch for each inch removed. This plan proposes to remove 23.3% of the caliper inches of significant trees for roads and utilities, and 25.7% for building pads and driveways. The tree inventory will need to be revised to confirm which trees will be impacted by future grading. The revised plan will need to meet the required tree replacement. In addition, a Letter Of Credit will be required as part of the development contract for the replacement trees. The developer will need to submit a reforestation plan demonstrating how tree replacement requirements will be meet. Landscape Plan: The Subdivision Ordinance requires two front yard subdivision trees per lot. Comer lots require at least four trees. This plat requires a total of 118 subdivision trees. The plan must be revised to provide at least two front yard trees per lot and comer lots with at least two trees per frontage. Fees and Assessments: This development will be subject to the standard development fees. In addition, the development will be subject to a lateral assessment for the extension of sewer to the site. ANALYSIS: Many of the issues discussed at the February 13th public hearing have been addressed through the revised plans and material submitted by the developer. As noted in the attached memorandum from the Engineering Department, the developer must refine the plans to assure compliance with the Public Work Design Manual requirements. In addition, the wetland delineations will need to be verified in the spring. However, none of these revisions will likely impact the general design of the proposed plat. If any significant modifications to the plat are necessary, the developer will be required to resubmit for Preliminary Plat consideration and a new public hearing will be held before the Planning Commission. For that reason, if the Planning Commission finds it appropriate, the plat can proceed to the City Council, subject to conditions. 1:\05 files\05 subdivision\05 prelim platXtnaple glen 3rd\pc staffreport2.doc Page 4 PLANNING COMMISSION RECOMMENDATION: At this time, the Planning Commission should make a recommendation on the proposed Preliminary Plat. The Commission should discuss the issues outlined above, and any other issues which occur as a result of the public testimony, and provide the developer with some direction on these matters. If the Commission feels the proposal should proceed to the Council, the staff would recommend the following conditions be attached: A Wetland Replacement Plan application, along with a wetland delineation report, must be submitted to the City for review and permitting prior to any grading on this site. The plan must be consistent with the requirements of the Subdivision Ordinance. o The comments in the City Engineer's memorandum, dated March 7, 2006, must be addressed with the final plans. All utilities and roads must be constructed in conformance with the Public Works Design Manual. 3. Provide a copy of the approved Watershed District permit for this site prior to any grading. 4. Provide a revised plat layout that demonstrates that all lot area and lot widths at the front building line will meet the Shoreland District requirements. 5. Provide a revised landscaping plan that provides at least two front yard trees per lot and at least two trees per frontage on comer lots (4 front yard trees). 6. Provide a revised reforestation plan demonstrating how tree replacement requirements will be meet. 7. Revise the plat to remove Outlot A and denote a drainage and utility easement over the ponding area. ALTERNATIVES: 1. Recommend approval of the Preliminary Plat subject to the above conditions, or other conditions identified by the Planning Commission. 2. Table this item to a date specific, and provide the developer with direction on the issues that have been discussed. 3. Recommend denial of the request. 1:\05 files\05 subdivision\05 prelim plath-naple glen 3rdXpc staffreport2.doc Page 5 RECOMMENDATION: The Planning staff recommends Alternative #1. ACTION REQUIRED: A motion and second recommending approval of the Preliminary Plat subject to the listed conditions is required. EXHIBITS: 1. Location Map 2. Engineering Department Comments 3. Maple Glen 3rd Addition Preliminary Plat Plans 4. Correspondence from Barbara Johnson (neighboring property) 5. February 3, 2006 Planning Commission Minutes 1:\05 files\05 subdivision\05 prelim plat~maple glen 3rd\pc staffreport2.doc Page 6 DATE: March 7, 2006 TO: Danette Moore, Planning Coordinator FROM: Larry Poppler, Assistant City Engineer CC: Steve Albrecht, Public Works DirectodCity Engineer RE: Maple Glen 3rd (City Project #05-228) The Engineering Department has reviewed the preliminary plat dated March 1, 2006 for the subject project and we have the following comments: Gradinq Plan 1. Grading easements will be required for the work outside the property lines. Excessive lines make the plans hard to decipher where the current project and Maple Glen 2nd intersect, please revise. Property lines and project limits do not seem to match correctly in the area mentioned. o Lowest opening should be 2' above the high point elevation of the EOF. The EOF is evaluated as the lowest overland path elevation. It appears that the proposed overland EOF is at an elevation of 985, however once the property develops to the west the EOF could be at a higher elevation. A conceptual EOF for the property to the west should be evaluated and the lot elevations for Maple Glen 3rd should be adjusted to meet the lowest opening requirement. An alternative is the treat the NW wetland as a landlocked basin in determining the Iow floor elevations. 4. Provide drainage and utility easement to HWL and wetland buffers of the wetlands o Show emergency overflow routes from all Iow points and show elevation of high point along emergency overflow route. EOF at roadway high point is not required. All emergency overflow routes shall be graded and the easement area sodded prior to building permit issuance. Show emergency overflows for all ponds and wetlands. Walls exceeding 4 feet in height shall be designed by an engineer, include a fence, and must have a building permit. 7. Access paths must be less than 8% and be 10 feet wide. C:~Documents and Settings\dmoore. PRIORLAKECH~ocal Settings\Temporary Internet Files\OLK2F~review 030706.DOC Hydrolo.qy and Storm Sewer Wetland impacts have not yet been approved, nor has the delineation been reviewed, these questions remain open until a growing season review can be compete and a TEP has been held and given approval of the proposed impacts. These questions are fundamental to the layout of the preliminary plat. Moving forward without these questions answered is a risk. Due to the compacting effects of mass grading in residential sites, soil ripping and soil amendments should be complete immediately prior to spreading of topsoil. Before a grading permit can be issued, a SWPPP must be submitted and approved by the City Engineer. A SWPPP is a requirement of a construction site NPDES permit required by the MPCA. A SWPPP can be multipart or a single document and can be in either a stand alone form or included in the plan set. 4. Provide rational method calculations. The outlet design for the NW wetland contradicts the model The NW wetland should be modeled assuming that the drain tile system functions during the rate control event. Use the drain tile size as the rate control orifice to eliminate orifice and weir wall. Adequate daintile should be designed to account for partial clogging. Provide standpipe inlets and cleanouts for the drain tile system for maintenance and locating. This system should be placed in an area that does not hinder maintenance. To provide a conservative model, the 100-year flood elevation should be set assuming the drain tile has become inoperable. Assume NW wetland starting elevation is equal to the culvert elevation. 7. Adjust model to allow the NW wetland match existing conditions for the 100 year 24 hour storm. 8. The pond elevation is higher than 180th Street. Lower the pond elevation and provide a tiered wall system for the adjacent lots. Streets 1. Sunray Boulevard shall have a 9 ton design, meet State Aid Standards and MN/DOT 30 mph design. 2. Provide typical section and pavement analysis confirming the typical section. 3. More detail including cross sections, profiles, trees, mailboxes, and other features will be necessary at the final plat stage regarding the roadway improvements to 180th Street. 4. Provide concept plan for property to the west. Alignment for Winfield Way may need to be slightly adjusted to accommodate the property to the west. 5. Temporary cul-de-sacs must have concrete curb and gutter. C:XDocuments and Settings\dmoore. PRIORLAKECH1Local Settings\Temporary Internet Files\OLK2F~review 030706.DOC 2 Utilities 1. The watermain serving lot 11 blk 1 should be placed between lots 9 and 10 of blk 1 to eliminate multiple sideyard easements. 2. The storm sewer overflow pipe for the NW wetland should be moved to the west of lot 24 blk 2. 3. Provide access path from Winfield Way to the NW wetland outlet structure. C:~Documents and Settings\dmoore. PRIORLAKECI-IXLocal Settings~Temporary Internet Files\OLK2F~review 030706.DOC 3 · d~MdO?~A~ NOSd~T~0,4 o o ' ' ~Nn?~!  ]~lnlmtrnfl~lr]llrlXllli~ffllF~rrrr~m mmn ]]IIHHI]IIII]IIIIII~IIHiH~III~HIIII'~ ~ ~ ~ ] ] ~",, i ~/1 / I ]uuluuulutuuunruuuuuluululunulnuuuuuulunuunuuuuuuuuululuuul~uuu]unuuluuul~~ ~IIH]Hll ~ ~ ~ [~IIIlllHIIIHIH HIIF~HIIHIHIIIIIIlllIIIIItlIIIJIIffFHiHIFIF~F~FF~IIFF~IIII~IlIL~LLI ; ' , ','~', ' ~ ; ~ .' .' ~ '-'. ".. 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' ', " ' .~ ,,,, , · ...., _ ~.. ,..., _. , . .... ,j~,,.. ,~ .... ......== ,' "' '¢ ~' ~' ~ :':~L '~',?'~. '---C-'--.'~'x ", Cs,.'.' ' . ,- ,,~ ..... "- ..... . '.' ~ ,' .... , ',', ~ ~, ~ ~ ', Cr~,',' -,~ ~ ~ .... ~ ~:,' ,' ~-~ ...... ,*~ ......... ~ ,,,~,',~ ,~ , ,', ...,--::---='-,-<~? "~- J~ ,~'.',',"-.'," ',4. ..... ..." ?:=='-~? / .....=:~.--.:.. ,,,, , ~ .... ,, ,,,,~ , ,., , --, ..... - ~ .- ..b ~', ', ~ ~ .... C.'/.':-'--.'.,',. ~, · ,, ,,--',/,, ~ , J.,,, , .~., L.. - ..... t * , t~ -: ',~, ¢ x, ', '--', , .... ~,~,, ,, ~ , , , - ..... ,,v ,,I ~, March 1, 2006 City of Prior Lake 16200 Eagle Creek Avenue Southeast Prior Lake, Minnesota 55372 Attention: Danette M .Moore, Planning Coordinator Dear Ms Moore: On Friday, February 17th I was able to watch a tape of your February 13th Planning Commission meeting. I want to thank you and the Planning Commission for addressing my questions and concerns. Since I am the "most senior" resident of the four 2.5 acre parcels east and south of Maple Glen 3ra Addition it would seem that I might be the first to sell or develop my parcel. Very truly yours, B)arbara Kane J~on/ February 13, 2006 Planning Commission Minutes #EP 05-228 Tollefson Development has submitted a preliminary plat consisting of approximately 30 acres of land for the development of 51 single family dwellings and three outlots. This property is located south of TH 13 (just south of the Maple Glen 2nd development), west of Wedgewood Lane, and north of 180th Street. Planning Coordinator Danette Moore presented the Planning Report dated February 13, 2006, on file in the office of the City Planning Department. Tollefson Development has applied for approval of a development to be known as Maple Glen 3rd Addition on the property located south of Trunk Highway 13 (Maple Glen 2nd Addition), north of 180th Street, and west of Wedgewood Lane. The proposal calls for a single-family development consisting of 51 dwelling units on 28.86 (net) acres. Staff has received inquires about the possibility of City sewer and water extensions being provided to the properties located southeast of the proposed project. In the case any of the adjacent properties would choose to develop in the future, it would be beneficial to have one access point that would benefit any of these adjacent sites. For that reason, staff has created an alternative layout for the southern portion of the development (in the vicinity of Outlot B), adjacent to James Court. The revised alignment would allow for a possible future roadway and the stubbing of utilities at that southeastern property boundary. Provided the property owners desired this to happen, a roadway and utility extension could be utilized. Poppler pointed out a potential layout concept option for sewer and water extensions. Elevations will dictate. The roadway would be built up to Outlot B. Revisions to the preliminary plat are required in order to meet minimum ordinance requirements. In addition, the developer must refine the plans to meet Public Work Design Manual requirements. However, none of these revisions will impact the general design of the proposed plat. For that reason, staff recommended approval subject to conditions in the staff report. The staff would recommend the following conditions be attached: A Wetland Replacement Plan application, along with a wetland delineation report, must be submitted to the City for review and permitting prior to any grading on this site. The plan must be consistent with the requirements of the Subdivision Ordinance. The comments in the City Engineer's memorandum, dated January 30, 2006, must be addressed with the final plans. All utilities and roads must be constructed in conformance with the Public Works Design Manual. 3. Provide a copy of the approved Watershed District permit for this site prior to any grading. 4. Provide a revised plat layout that demonstrates that all lot area and lot widths at the front building line will meet the Shoreland District requirements. 5. Provide a revised landscaping plan that provides at least two front yard trees per lot and at least two trees per frontage on comer lots (4 front yard trees). 6. Provide a revised reforestation plan demonstrating how tree replacement requirements will be meet. 7. Revise the plans to address concerns related to providing a common access and utility extension point for the properties to the southeast. 8. Revise the plat to include Outlot A as a platted lot. 9. Revise the plat to remove Outlot C and denote a drainage and utility easement over the ponding area. 10. Revise the plat to amend the right-of-way width along 180th Street to 33 feet (adjacent to the project). Questions from Commissioners: Perez questioned if staff looked at the safety on Yorkshire and 180th Streets. Moore responded the staff has looked at the site and are continuing to review before they sign off on the visibility and safety. Perez also questioned the grandfathered use on Johnson property. Moore responded the Johnson property is in the township and can continue to operate as she has. If the property was annexed into the City limits, they would continue to operate but could not expand the business. Lemke questioned the submitted letter on Wedgewood access. Moore responded the City has no proposed access to Wedgewood. Comments from the Public: Applicant Todd Bodem, representing Tollefson Development, distributed a colored layout of the project. Bodem said staff did a good job in presenting the project. They will be paving all the way to Fairlawn Avenue as a benefit. More trees will be planted beyond what is shown on the handout. Ringstad questioned correcting Lot 6, Block 2, not meeting the required square footage in the Shoreland District - Bodem said they are looking at the lot and will adjust to meet City needs. If they can't make it work they will give up the lot. The adjoining lots will expand. Ringstad questioned how this would be attained. Moore explained the process. Perez questioned how close the park would be to Maple Glen 1st and 2nd Additions. Bodem said the City Staff recommended the parks be placed next to each other and if there are any adjoining developments to the east they will also be added to make a bigger park. With Maple Glen 3rd so close staff is suggesting the cash in lieu of land. Moore pointed out the proposed park area. Billington questioned the letter submitted from the Dodys regarding Wedgewood Lane. Bodem responded there is no connection between this development and their concerns. It would not have a substantial impact. Ringstad noted staff recommended a possible road realignment with respect to James Court - how is that going to affect the development? Bodem responded they would not have any problems with the change. It should fit. Billington asked Bodem if he thought there would be any problems with the wetland mitigation. Bodem said they did not feel it was a problem and would be a benefit creating a better wetland. It is evaluated by all the government agencies. Wade Waddell, 18301 Country Squires, said his understanding is the wetland replacement is 2 to 1. The wetland is substantial and drains into the lower wetland near the proposed site on 180th Street. Where does the water drain after 51 new lots? Rice Lake or across 180th Street? Two years ago Spring Lake Township put 3 culverts into the adjacent lot across the road. Currently they are having difficulty keeping the area drained. His understanding is that this development will drain into a small pond with a 8 inch outlet. This will turn into a lake. If this proposal is approved, he suggests at least 1 24 inch pipe is redirected. His second concern is the connection of Sunray to 180th Street turning into a drag strip. He is continually cleaning out garbage in the ditches. Waddell said he already had a problem with Spring Lake Township-when the widened the road. This is a concern for him as they already have a water problem and takes a month to a month and a half to drain the existing runoff. Waddell said the SE comer of the 40 acre parcel to the left of the site plan and the back of his lot and neighbor's property would be succumbed to any rain or water swellage. Poppler responded to Waddell that his concerns were also open concerns from the staff. Lemke pointed out the City Engineering Department and the PLSL Watershed District would be reviewing the plans so there is no additional runoff than what is current. Poppler agreed and noted the proposed rates must equal the existing rates or less. Billington explained nothing will proceed until all the agency requirements are met. Poppler went on to explain the bounce on the wetlands. Moore pointed out the wetland mitigation concerns have to be addressed. Anyone who has specific questions could contact staff. Poppler said the wetland edges have to be delineated in the field this Spring. Waddell said the DNR already has the delineations. He could not put in a pond in his back yard per the DNR. Poppler said staff verifies the exact locations. Moore stated the DNR also reviews the plans. Nancy Frinkman, owns the 40 acre plot at 17801 Fairlawn Avenue, said her greatest concern is the wetlands. Her land is in a government program and is very concerned for wildlife and the wetland impacts. Frinkman pointed out the wetlands and explained the (drainage) history of the area. Tim Kvidera, 17776 Wedgewood Lane, thanked staff for having the report on the website. Kvidera was concerned for the wetlands and tree preservation plan and removal of so many trees. Kvidera said he could not read all the lot dimensions but looked like some of the lots did not meet the requirements. It looks like 100% of the trees will be removed. The old growth trees are in streets or housing pads. He also asked where the money for the park dedication would go. Moore responded it went into the general park funding for infrastructure or other properties if necessary. Kvidera felt most of the development looks like it is going to drain into their area and there is a 6 inch tile under his property that feeds Rice Lake. This needs to be looked at. He agrees with all of staff conditions and concerns. Basically with staff and neighbors' concerns he felt the development is premature and not ready to be approved. Lynn Kvidera, 17776 Wedgewood Lane, wanted to expand on the drain tile - when the ground is wet, a large amount of water runs right down their property to Rice Lake. There is nothing in the plans to take care of this. When she looked at the topography map it looks like a lot of fill. They have already piled a 20 foot mound next to their property. All of this has to be considered. No one talked to the neighbors on Maple Glen 2n°. Mark Schramm, 18091 Yorkshire, said his property is at the crest of the knob area discussed by staff. Something will have to be done and was concerned for the impact. He is also curious to see what is going to happen to his property with the water drainage. The road had to be raised to accommodate the previous drainage. Todd Bodem, Tollefson Development, pointed out the Kvidera property said the area is going to be untouched. In addition, as far as the overall development, everything has to be agreed upon, there is still work to be done, more engineering for example. City staff is not going to allow this until all the conditions have been met. Tim Kvidera, said he was surprised when Maple Glen 2nd cut down two and a half acres of trees then brought in fill for 10 or 12 weeks, 12 hours a day to build the plateau. The plateau is completely out of sync with the rest of the area. This development is completely out of place with the rolling meadows. Why not have some stewardship to the land? The public hearing was closed at 7:30 p.m. Comments from the Commissioners: Ringstad: · Agreed with the statement that this project is too premature to pass on tonight. We heard concerns from the neighbors regarding the wetlands. I fully agree that staff will not let this go through until all the conditions are met. However, I would like to see it. It is nothing small. It is literally three sides of the development where neighbors have legitimate concerns. · It sounds like there have been issues in the past. If we are going to change the proposed plat to eliminate a lot and reconfigure it. I would like to see that. · If Shoreland district lots are not the minimum square feet and the tree replacement are not met - I would like to see the changes. · For those reasons, I will be voting not to approve. Billington: · Every concern expressed by the neighbors is legitimate. · Like to stress this is a preliminary plat, every phase of this project is looked over by the engineering department to see that it works, or it won't be done. · I have faith in the engineering staff and what the perspectives are on this. Every phase goes under scrutiny or it won't be approved. · It is a preliminary discussion and an agreement in principle. · Under those conditions I will support the preliminary plat. Perez: · Questioned if the final plat is a public hearing. Moore said it does not. It goes right to the City Council. There are enough issues that have to be looked at and would like to bring it back. The public hearing was closed. Moore said it was up to the Commissioners, they can close the public hearing or have it remain open and continue to a date specific. Ringstad questioned if the preliminary plat was denied and a lot of these issues were worked on, is a new public heating automatically scheduled with the new preliminary plat proposed? Moore responded that was correct and went on to explain they could open the public heating and re-notice the neighbors. The Commissioners can specify what they want. Perez: · Inclined to continue until we receive more information from the applicant. Lemke: · I think of this as a preliminary plat stage - we're looking at the density, the alignment of the roads meeting the requirements. The details of whether the water goes east or southeast is left to engineering department and the Prior Lake Spring Lake Watershed District. Staff's own analysis is that this is ready to move to the City Council with the conditions being met. · The elevation of 180th Street is also taken care of at that stage. · Not sure what can be worked out that we're going to look at that the staff and Watershed District isn't - my thought is to move on to the City Council as a preliminary plat. Ringstad pointed out the plat could be changed. The potential road realignment for James which was talked about but nothing was decided. Secondly, if in deed the lot does go away, the representative from Tollefson pointed out, the lots could change frontage, size, etc. based on the Shoreland district. Lemke said he understood Ringstad, but what specific direction would we be providing the developer other than staff's conditions - fix the water and the size of the lots. Ringstad responded he would like more detail analysis with the water and how 50+ lots is going to affect the neighbors especially with the prior issues. I don't doubt the engineering staff can't draw those conclusions and create that analysis, but I think there is enough loose ends to pull it together, especially with the drainage history. Perez agreed - let the public see the changes and comment. If continuing the public hearing is the only way, that's what I am in favor of. Ringstad - confirm that City Council will approve if all of staff's and Planning Commissioner's conditions are met on the Final Plat. Moore said that is not always the case, some times other things come into play. As far as the development layout, if they can meet all the requirements, especially if its not part of a PUD, predominately the Council will approve. Ringstad said there are 10 and potentially 11 conditions that have to be met. Approving a preliminary plat tonight is taking it further than I am willing to approve. Moore said the Commissioners could see this again to show that all the conditions have been met before the final plat goes to the City Council. Billington asked what additional engineering assurance could come about if we delay this for a month. Poppler said a lot of the issues can be cleaned up depending on their engineers. The wetland issue would still be there until this Spring when wetland edges can be delineated. Moore said staff can give more road direction a month from now. Any lots that need to be taken out because they don't meet the requirements can be firmed up in a month. Moore said staff recognized a number of outstanding issues and personally felt if it was continued it would give the residents can still give their feedback at that time. Todd Bodem responded the concept really isn't changing. It would take a month to get all the information back anyway. His engineers could attend the meeting to explain exactly how the bounce and flow of the drainage would work. He would recommend approval as the conditions have to be worked out anyway. No matter if it is continued or not they will address all the issues. Ringstad said he would like to see it continued to March 13, and have their engineers address the neighbors' concerns for runoff. He is not convinced this plat is ready for approval at this point. Billington explained all agencies review - it is just a preliminary plat. Wade Waddell, 18301 Country Squires, said he doesn't necessarily doubt the City Engineering department, however, look at the (Vierling property) over an amount of water drained off from other developments. Look at the court costs with the landowner and developer because the runoff turned his pasture into a lake. Waddell explained the drainage problems on his own property. He is concerned if the engineers handle this development like the Carriage Hills development it will be a problem. MOTION BY RINGSTAD, SECOND BY PEREZ, RECOMMENDING CONTINUING THE PUBLIC HEARING TO MARCH 13, 2006. Vote taken indicated ayes by Ringstad and Perez. Nay by Billington, Lemke abstained. MOTION CARRIED.