Minutes - Planning Commission - 07/07/1997 - Public Hearing @ 7:06

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was originally submitted in April, delays have occurred in acting upon the application. In most, but not all similar cases, the mining and grading results in a rough final grade for the proposed subdivision. The applicant has stated that he intends to prepare a subdivision grading plan conforming to the proposed contours in his application but that this information cannot be submitted within his desired time frame for obtaining the mining and grading permit. The applicant is asking for a decision based on the application materials submitted at this time. City Engineer Jankowski presented details with regard to the existing grading conditions and contours resulting from the proposed grading activity. He noted a 6% slope will exist from the homestead and ultimately the property will be used for residential development. The proposal is to grade in stages, approximately 11 five acre parcel areas. One area will be completed before excavation starts on the next five acre parcel. City Engineer Jankowski advised the applicant proposes to start in the northeast comer, proceed to the northwest, follow along the shore of the wetland, and then towards the west. When not in use, the equipment will be parked in the middle of the site, in Phase 9. City Engineer Jankowski explained how grading will proceed from the wetland area across the property and noted a silt fence will be required. In addition to the silt fence, a three foot sump will be required to be excavated below the grade along Sunfish Lake. He noted the added condition that prior to starting the initial phase an area of 150 feet along the north end adjacent to Fox Knoll will be excavated first, stabilized, and reforestation will take place to mitigate the impact to the Fox Knoll Addition. CITIZEN INPUT Barry Childs, 6040 151st Lane NW, questioned whether this hearing can take place at this point due to lack of notices sent. He stated it appears a number of residents were not notified in March. He stated a second notice was sent out but due to misinformation that exists in the notices and meeting minutes, it indicates the conditional use permit is to export approximately 100,000 cubic yards of soil from the property. He stated he believes this is misleading since it has been known all along it was 800,000 cubic yards. Mr. Childs asked if the public has been notified properly and accurately about this request. Acting Chairperson Deemer stated proper notification has been provided according to state statute. Zoning Administrator Frolik clarified the State requires notification to property owners within 350 feet and staff attempted to notify property owners within 700 feet of the subject property. She advised if reasonable attempt for notification is made, then it does not null and void the process if someone does not receive their notice. She displayed a map identifying the area of notification. Acting Chairperson Deemer requested that comments be limited to five minutes per person. Mr. Childs asked if the request has been reduced in scope by acreage to eliminate the need for an environmental assessment. He stated the final development plan should be part of this project, if it goes through. He expressed concern if the grading takes place and then it is determined it is not favorable to develop. He stated this appears to be a three-year project with a fourth year for completion, which is an issue to the neighborhood. He asserted that most developments in the area Public Hearing/Planning Commission/July 7, 1997 Page 2 of 6