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

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Motion carried. Voting Yes: Chairperson Bawden, Commissioners Deemer, Hendriksen, LaDue, and Thorud. Voting No: None. Absent: Commissioners Holland and Terry. Mr. Peck indicated that he does not believe that legally he can tell the future homeowners of the lots adjacent to Delaney's property that they cannot complain about Mr. Delaney's operation, but North Fork, Inc. will certainly prepare some document that makes it very clear to these property owners that they know of Mr. Delaney's activities and what they are buying into. Commissioner Hendriksen stated that if Mr. Peck and Mr. Delaney cannot come to an agreement as to how these issues could best be handled, they should come back to the Planning Commission for further review. Case #2: Request for Sketch Plan Review of Fox Knoll; Case of Mark Kleckner, Fox Development Co. Ms. Frolik stated that Mark Kleckner is requesting sketch plan review of Fox Knoll, a plat consisting of two 10-acre lots. The subject property is in the urban reserve district for which the minimum lot size is 10 acres. However, it is anticipated that the subject property will be brought into the Municipal Urban Service Area (MUSA) by the end of 1994 and the property immediately south to this property will be sewered during 1995. Once the property is brought into the MUSA, the development of the property must be at urban standards with City sewer and water. The developer is apprehensive that the cost to extend those services to this peninsula of high ground will be too great and prohibit economical development of the property. To offset that, the developer desires to plat two 10-acre lots while he still can under urban reserve district standards to ensure some return on his investment of the property if developing at urban standards is not feasible. City Staff is of the opinion that the cost to extend sewer and water to this property for the creation of 20-30 lots will not be unreasonable, and therefore, the developer should apply for preliminary plat approval to subdivide the property at urban standards. Following that, final plat two urban-size lots and the remainder of the property could be platted as outlots for final plat approval and development when City sewer and water is available. City Engineer Jankowski stated that Staff feels the high land of this subject property will afford more opportunity for more development than two lots, and the City would like to see what that would be and do something similar to Pondvale Estates. (Pondvale Estates was platted at urban densities and allowed for development at rural densities until City sewer and water was available.) Mr. Kleckner presented a plan from 1981 which indicates water boundaries. That plan indicates that there is 9.6 acres of developable land east of the county ditch. Of that 9.6 acres, 3 acres would not meet FHA requirements for water table separation. Mr. Kleckner stated that he is sure that the water boundary has intensified since 1981 and at best he feels he could probably get 17 or 18 lots out of this 20'acres. Mr. Kleckner also pointed out that Staff has informed him that it is no longer possible under DNR regulations to cross the ditch/wetland to construct 151st Lane N.W. from Haubrich Addition into Fox Knoll as a through street to the west. Therefore, Mr. Kleckner stated that he feels that it is not good planning to have the six existing residents of Haubrich Addition and the possibly 20 new residents of Fox Knoll all accessing onto an overextended 1600-foot dead-end road with no other way in or out. In addition, the 20 urban lots in Fox Knoll would not be compatible with the six rural lots in the adjacent Haubrich Addition. Mr. Kleckner stated that he also doubted that sewer and water could be brought to this 20-acre piece on the east side of County Ditch 4/43 because of the wetland between it and the school property where sewer and water is proposed to be extended to in 1995. Planning Commission/August 11, 1994 Page 3 of 5