Agenda - Council - 06/25/2002 - Laserfiche WebLink

Home

-t 68- concerned that a small house would detract from the existing homes in the area. Staff' has reviewed the lot and has determined that a house with a footprint of at least 1100 square feet can be located within the setback area. The developer has prepared an architectural drawing and a floor plan for a house that could be located on the property. The City Council also heard a lot of testimony regarding the saving of trees along the existing path, the peninsula, and the perimeter of the development property. Royal Oaks Realty has agreed to leave the peninsula lots as custom lots. Initially, the only trees that will be removed will be for the road right-of-way. Each buyer of the lots will then decide how many and which trees will be removed when they build a house on the lot. The applicant has also shortened the depth of lots adjacent to the existing path. This decrease in lot depth will preserve more land and trees along the trail as park land. Mark Boos, Parks/Utilities Supervisor has met with the applicant regarding tree preservation and they have agreed upon tree preservation measures. Shortly after the City Council meeting regarding the original preliminary plat, the City received notice from the State Environmental Quality Board (EQB) that a citizen petition had been filed in relation to The Ponds subdivision requesting that the City require an Environmental Assessment Worksheet (EAW)be prepared for the development. Prior to the meeting, ' staff had already determined that a mandatory EAW was not required since the minimum thresholds that the State of Minnesota requires for environmental review were not exceeded. State regulations require the City Council to determine whether or not an EAW should be required once a valid petition has been submitted to the EQB. Due to the fact the original plan was withdrawn, the City Council has not made any determination on the EAW. Since the plat has been resubmitted, the Council needs to make a determination prior to the consideration of the preliminary plat on whether or not an EAW should be required. A resolution to adopt findings of facts and making a determination on the need for an EAW is attached as part of this case. ARer the June City Council meeting, the City had Pro Source Technologies, Inc. review the development proposal to determine if an EAW was needed and to respond to the citizen petition. Their review indicated that the development of the property will not have a significant environmental effect and does not warrant the preparation of an EAW. Pro Source's review looked at the same issues as an EAW would require. Pro Source did identify the development property as potential habitat for the Blandings Turtle, although none have ever been spotted on the property. Pro Source recommended that the City and the Developer institute mitigation measures such as require surmountable curbs and no disturbance (i.e. no cutting of grass) of nesting areaS. Pro Source also mentioned that they are able to conduct a biological survey of the site to determine the existence of Blandings Turtles. As a condition of the preliminary plat approval, the Planning Commission is recommending that the City conduct a biological survey of the development site to determine the existence of any Blandings Turtles. Staff has contacted Pro Source about beginning the biological survey. Pro Source indicated that the survey could not start until the spring/early summer due to the weather. The Planning Commission recommended approval of the preliminary plat subject to the City Staff Review Letter, the rezoning of the parcel to R-l, R-3U, and Multiple Residential, a satisfactory tree preservation plan, and completion of a biological survey to determine the existence of Blandings Turtles on the property. As noted earlier, an acceptable tree preservation plan has been agreed upon between the developer and City Staff Councilmember Zimmerman stated that he did not think that the "dog house" lot should be permitted. City Council/February 12, 2002 Page 16 of 33 I I I i I I I I I I I I I I I I I