Agenda - Council - 09/12/2017 - Laserfiche WebLink

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Ordinance, the EPB's concern was that the higher quality, more desirable oaks were being lost while lesser desirable species, such as box elder and cedar, would be preserved. This is primarily the result of how this site would be accessed (off the existing Lithium Street) and where those higher quality trees are located (east side of the Subject Property). After much discussion, the EPB ultimately recommended approval of the Tree Preservation and Landscape Plans with direction for Staff to continue to work with the Developer to try and preserve additional trees where possible. As noted previously, the Developer has prepared an exhibit for Lots 1-3 Block 1 that shows modified house pads with no grading in the rear yards in an attempt to retain additional trees, as well as proposed additional plantings. Planning Commission A public hearing was held on July 6, 2017. There was no public input at the Planning Commission meeting or submitted in writing. The Planning Commission was supportive of the development and recommended approval of Preliminary Plat, Zoning Amendment, and Comprehensive Plan Amendment contingent on compliance with the Staff Review Letter. Staff has connected with MNDOT since the plat abuts State Highway 47; however, at this time, MNDOT has not submitted any formal comments regarding the project. City Council City Council voiced general support of the Development. The Council approved the Preliminary Plat Plans, and authorized staff to submit the Comprehensive Plan Amendment to the Met Council. City Council also reviewed Zoning Ordinance #17-09. This Ordnance was mistakenly labeled as an approval item rather than an introduction. Staff believes that the previous viewing served the purposed of the first reading. Staff believes that because the ordinance is being read twice that the it meets the intent of the process and is still eligible for adoption. Met Council The Comprehensive Plan Amendment is currently under review by the Metropolitan Council. Alternatives Alternative 1: Approve the Final Plat, Zoning Amendment and Development Agreement contingent upon compliance with the Staff Review Letters. While the project will result in the loss of some significant tree cover (primarily oaks), it does comply with the Tree Preservation Ordinance The Final Plat does show a relocated driveway access to Highway 47 for Lot 5 Block 2 further north on the property to address concerns previously noted by the Planning Commission. While this project would require a Zoning Amendment and a Comprehensive Plan Amendment, the area immediately south of the Subject Property is zoned R-1 Residential (MUSA) and was reguided to LDR with a previous Comprehensive Plan Amendment. Staff supports this alternative. Alternative 2: Deny the Final Plat, Zoning Amendment and Development Agreement. The City is not obligated to grant a Zoning Amendment or a Comprehensive Plan Amendment, both of which would be required for the Plat to be approved. The project will result in a significant impact to a moderate quality oak forest and disrupt a fairly contiguous natural corridor, but does comply with the tree preservation standards. However, a development that complied with the existing Rural Developing zoning would likely still result in a disruption to this natural corridor and would still result in a large loss of trees (albeit likely a lesser amount). Staff is not supportive of this alternative. Funding Source: All costs associated with processing the Application are the responsibility of the Applicant. There are no City funds proposed to be utilized for the construction of this project. Recommendation: