Minutes - Council - 03/14/2006 - Laserfiche WebLink

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open space and that performance standards for the conditional use permit be added to the language in this ordinance. Mayor Gamec directed staff to be certain that the property owners in this area are notified regarding this amendment. He directed staff to look into whether the Rivenwick area will be affected by the restrictions on cutting weeds and brush. Community Development Director Trudgeon noted there would be a vegetation management plan involved in this type of situation. Councilmember Cook commented on the need to make the present landowners aware of this code. He noted a homeowner in Rivenwick has cut trees down all the way to the river. Councilmember Elvig inquired how this will affect potential access to parks and the rivers, which is a goal of the Council. Community Development Director Trudgeon replied this would be addressed in the Park and Open Space Plan. Park dedication is outlined in this ordinance, which will set up the funding mechanism in relation to land in this corridor. Councilmember Elvig explained he is more concerned about details relating to paved areas in this corridor, such as boat or foot accesses to the river. Councilmember Strommen noted Section 9.21.09 includes an entire section relating to boat launchings. Councilmember Cook noted this ordinance piggy backs on state and federal guidelines; even if the City were not to pass this amendment there would be state and federal guidelines in place. He noted the concerns expressed by Plowshares Development, Inc. in relation to public open space versus private open space. Community Development Director Trudgeon explained the distinction is whether the land is permanently protected. He suggested public input be received tonight and that the introduction of the ordinance be tabled to further clarify the open space language. Councilmember Pearson stated he will be abstaining from the vote on this ordinance amendment, as he owns property in this area. His concern is that this ordinance severely restricts the property rights of the property owner. Also, the distance depicted from the river does not really make sense with the impact line going so far back, while there is already a buffer along the river. Councilmember Strommen noted the underlying zoning still applies to property in this area, and the same density can still be applied. She directed staff to provide the Council with examples from Lake Elmo and rural Washington County where there is an ordinance that requires these 50% open space requirements. She stated there are a lot of nice developments that have come through in this area. City Council / March 14, 2006 Page 13 of 25