Minutes - Planning Commission - 08/11/1994 - Special Meeting

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City Engineer Iankowski noted that the City Staff review letter dated August 9, 1994 requested wetland delineation. North Fork, Inc. has provided the City with this information, and it appears there are no significant concerns with wetlands on the fa'st 14 lots to be developed, however, there will be wetland concerns on the subsequent phases shown as future addition on the applicant's submittal. Mr. Dennis Peck of North Fork, Inc. responded to concerns expressed at the public hearing regarding the affect of septic systems on the nearby wetlands and Eddy Lake. Mr. Peck stated that his engineers will prepare designs for septic systems and subject them to the City Engineer for review. North Fork, Inc. intends to comply with whatever recommendations the City Engineer has regarding the septic systems. Mr. Peck agreed that Eddy Lake is an amenity to the area, and North Fork, Inc. has no intention of changing that. Mr. Peck then responded to comments made at the public hearing regarding fencing all that area owned by Mr. Delaney around Eddy Lake. Mr. Peck indicated that he would resist fencing all that area, but he is willing to work with Mr. Delaney as far as posting the property for no trespassing. Mr. Peck noted that the development of these particular homes will curtail the frequency of trespassing by all other general public because of the area now being developed with private homes. Mr. Peck noted that the marketing information for these homes can certainly be drafted in a way that it will put people on notice of those issues raised by Mr. Delaney in the public hearing. However, he realizes that raising these issues in the marketing materials will not guarantee that young people won't be trespassing onto Eddy Lake but at least it puts the parents on notice. Commissioner Deemer suggested putting a covenant on those lots immediately adjacent to the Eddy Lake area to establish greater setbacks from the rear property line to create a buffer area between the developed :lots and Mr. Delaney's property. Chairperson Bawden stated that Mr. Delaney's second concern is for activities that have been happening on his property for years and now there is a potential for new residents to the area to complain about those activities. Mr. Peck stated that in the marketing of the property North Fork, Inc. will apprise all potential buyers of the activities on Mr. Delaney's property. Mr. Peck stated that he intends to provide Mr. Delaney with a copy of the proposed marketing materials. Commissioner Hendriksen suggested that a formal document be drawn up which describes Mr. Delaney's activities and that there be a covenant placed on the deeds of these particular homes that recognizes that these activities are happening on a nearby property and the activities will not be restricted. Mr. Peck noted that the Staff review letter indicates that some of the lots are shy of the minimum 160-foot width requirement at the building setback line and that these items will be corrected for the final plat. Mr. Peck stated that North Fork, Inc. will also attempt to have the property owners that buy the lots closest to Mr. Delaney's property situate their home as close to the cul-de-sac as possible so as to maintain a sufficient buffer distance between their home and Mr. Delaney's property. Motion by Commissioner Deemer and seconded by Commissioner Hendriksen to recommend that City Council grant preliminary plat approval of Northfork Oaks based on discussions with the Planning Commission and the developer on August 11, 1994 and City Staff review letter dated August 9, 1994. Further Discussion: Commissioner Hendriksen inquired if the motion included the covenants on the lots adjacent to Mr. Delaney's property. Commissioner Deemer replied that the covenants were a part of the discussion and therefore is part of the recommendation for preliminary plat approval. Planning Commission/August 11, 1994 Page 2 of 5