Agenda - Planning Commission - 06/02/2005

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to thc proposed trial along County Road 5. The proposed trail configuration complies with the desires and recommendation established by the Park and Recreation Commission. Associate Planner Wald indicated the Planning Commission held a public hearing and reviewed thc preliminary plat and site plan on April 7, 2005. During the public hearing several residents stated their opposition to the proposed development. The Planning Commission was relatively split on this development. A motion was made to approve the preliminary plat and site plan with ;_t couple et' contingencies related to compliance with the staff review letter and resolution of Potassium Street. The vote failed on a 3:3 vote. A second attempt at a motion was made to deny the preliminary plat and site plan based on inappropriate use of PUD, utilization of the townh()mes, Potassium Street issue unresolved, and crowding of townhouse units 1-14. The motion passed on a 3:2 vote with 1 member abstaining. Associate Planner Wald explained in regards to Potassium Street, the City Attorney has determined it is a public street by virtue of it having been used and kept in repair for at least six years and thus pursuant to Minn. Stat. 160.05 is deemed dedicated to the public. However, Minn. Stat. 160.05 does not provide the width of a dedicated street, but rather the width is dictated by the area actually maintained by the City and used by the public. Steven Graffunder of l fcnningson & Snoxell Attorneys at Law, has been retained by several of the neighbors that live ~,)t't: el' Potassium Street to address the width and location of the public street. She indicated subsequent to the Plmming Commission meeting, the applicant, staff and the City Attorney met to discuss the outstanding issue of Potassium Street. Staff has asked Shade Tree to look at ways to shil't t'otassium Street to the west. Shade Tree submitted a revised site plan that shows the road being shifted along their property line and then providing a 25 foot easement solely within their property to allow for an adequate snow storage area. Generally speaking, this would allow the ability to save a significant amount of trees that would have otherwise been removed to l"acilitate the construction of Potassium Street down the center of the 60-foot right-of-way. The realignment to the west also provides the neighbors with additional green space between their property line and the proposed development. Staff and the City Attorney met with Mr. Graft'under on May 9th and the City Attorney will provide an update on that meeting. She indicated the City received a petition today requesting that the City Council deny the application. 'Fhc Council has been provided with this petition, as well as a memo from staff to address the in:."ormation provided in the petition. The Council has also received a revised resolution for prell m i nary plat approval. City Altorney Goodrich ~tdvised that Potassium Street is a public street by virtue of it having been used and kept in repair for at least six years and used by the public. Pursuant to Minn. Stat. 160.05 the street is deemed dedicated to the public. However, Minn. Stat. 160.05 does not i~rovide for the width of a dedicated street, but rather its width is dictated by the area the City has maintained and the public has used. The three northern properties starting below the Rum River l~statcs are owned by the Johnsons, Hamptons and Williams, and they are represented by Altorney Steven Graffunder of Henningson & Snoxell Attorneys at Law. They believe a re~;olution has been worked out to move the street over onto the Shade Tree property, but the 9roblcm is there is considerable wetland in the area. It was discussed with Attorney Graffunder ir) allow thc City to have 46 feet on their side of the fence, a 32-foot actual road, and a 14-foot City Council/May 10, 2005 Page 15 of 31 P83