Minutes - Council - 04/11/2006 - Laserfiche WebLink

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the streets. The applicants have submitted information regarding the proposed water source for the proposed lots and individual wells are proposed. Staff has requested some revisions to the water infrastructure and maintenance plan. A tree preservation, grading, and drainage plans have been submitted, and are generally acceptable to the City, though some modifications are required. The public hearing was held on March 3, 2006, and a number of residents expressed their concem with the proposed project. The primary concerns were the size of the proposed lots, the eventual extension of urban services to the area, and the general concept of cluster housing. He advised the Planning Commission recommended approval of the preliminary plat with the following contingencies: 1. MPCA approval of the common septic system 2. Resolution of the lot size issues for the existing homes 3. Completion of the traffic study 4. City Council re-consideration of the cluster ordinance Community Development Director Trudgeon noted that on March 28, 2006, the City Council introduced a proposed interim ordinance that would place a one-year moratorium on platting and subdividing land in the R-1 Rural Developing Zoning District. The purpose of the moratorium is to review the ordinance in more depth with respect to density transitioning standards, open space provisions, the calculation of density, and specific septic system submittal requirements. If that ordinance is adopted tonight the effective date will be Monday, May 15, 2006. Any plats in the Rural Developing Area receiving preliminary plat approval prior to May 15th are exempt from the moratorium. Mr. Trudgeon advised staff found it difficult to make a recommendation on these cases. He indicated if the Council would like to approve the preliminary plats, approval should contain the following contingencies: 1. Compliance with City Staff review letter dated February 28, 2006, revised April 5, 2006 2. The developer obtaining a permit for community septic system construction from the Minnesota Pollution Control Agency 3. The City approving the Articles of Incorporation and Declaration of Covenants for the Home Owner's Association at Final Plat 4. The developer engaging the services of a professional management firm to manage the community septic system 5. The developer entering into a Development Agreement as part of Final Plat approval that will address the payment of Sewer and Water Trunk and Access Charges and the responsible party for the maintenance and abandonment of the community septic system. Community Development Director Trudgeon advised if the Council chooses to deny the preliminary plats, the denial should be preceded by adoption of findings of fact. In this event, staff will be prepared to present findings of fact for review and consideration at a future meeting. In this situation staff would recommend tabling the action until the findings of fact are prepared. Mayor Gamec inquired about the timetable with this application in relation to the proposed moratorium if the application were to be tabled for findings of fact. City Attorney Goodrich advised if the Council is inclined, the application could be tabled and considered after the moratorium goes into effect on May 15, 2006. The application could then either be denied based on the moratorium or tabled again based on the moratorium. With this City Council / April 11, 2006 Page 7 of 26