Planning Commission Meeting-August 14, 2017

Crow Wing Township

Planning Commission Meeting August 14, 2017 6:00 PM

Commission Members Present: Brad Arnold (Chair), Dan Lee, Linda Schuety, Paul Stephany, Justin Burslie (Planning & Zoning Administrator), Greg Smith (Township Supervisor), Duane Ruona (Town Clerk)

Brad called the meeting to order at 6:00 PM and the pledge to the flag was recited.

There was a public hearing on Application 17-4516, the Preliminary Plat of Oak Ridge South Second Edition. The applicants and property owners are Paul Allen and Tom & Penny Feierabend. Tom Feierabend and Jim Kramer from Kramer, Leas, Deleo presented information on the plat. Public comments were received from the DNR concerning a buffer around the water resources. Kevin Cassady of 7141 Stone Ridge Drive and Shannon Hausmann of 7225 Stone Ridge Drive had concerns about tree removal and damage to property when the road was constructed. Dave Schultz asked about the beaver problem and if there was a way to not have a cul-de-sac. All issues were addressed. The following findings of fact were presented to the planning commission:

1. Oak Ridge South is a proposed subdivision consisting of seven 2.5 acre lots and a proposed public road/cul-de-sac.

2. The subject property is 18.41 acres and is located at the south end of Lone Oak Circle (no physical address).

3. The subject property will be created via an approved metes and bounds subdivision application (17-4511). The approved subdivision has not been filed at the county.

4. The subject property is in the Rural Residential 2.5 land use classification.

5. The property is adjacent to other property zoned Rural Residential 2.5 (north and east), Agricultural/Forestry (west and south) and Public (southwest).

6. The proposed lots are intended for single family residential purposes.

7. Each lot will be served by private water wells and private subsurface sewage treatment systems (SSTS). SSTS site evaluations have not been submitted for the development.

8. The property is mostly wooded and contains approximately three acres of delineated wetland in the southwest corner of the property.

9. The property does not contain any area designated as floodplain.

10. The proposed development contains a recently constructed road (extension of Lone Oak Circle) with a cul-de-sac. The proposed right-of-way is 66' wide (24' wide driving surface with 2' shoulders) and an 80' radius cul-de-sac. The applicant proposes to dedicate the road to the public.

11. Each of the proposed lots meet the minimum size and dimensional requirements of the Rural Residential 2.5 land use classification.

12. The proposed buildable area of the lots are: Lot 1: 92,200 sf Lot 2: 92,500 sf Lot 3: 86,900 sf Lot 4: 33,600 sf Lot 5: 34,900 sf Lot 6: 81,500 sf Lot 7: 88,000 sf

13. Covenants for the development have been submitted.

14. A grading plan for the proposed road in the subdivision has been submitted.

15. An engineered stormwater management plan for the development has not been submitted.

16. A wetland delineation report for the subject property dated 7/10/17 has been submitted.

17. The subject property is relatively level and no significant grading is necessary to create buildable lots. The Township has determined an overall grading plan is not necessary for the development.

18. A grading/stormwater management plan created by Anderson Bros. (not a licensed engineer) has been submitted for the proposed platted right-of-way (roadway).

19. A statement from Fletcher Trucking has been submitted regarding site preparation for the roadway.

20. A copy of the NPDES permit for the project has been submitted.

21. An SSTS site evaluation for each of the proposed lots has been submitted.

Motion by Dan, seconded by Paul that the application be recommended for approval by the Town Board based on the findings of fact and with the following conditions of approval:

1. The current property owner (Paul Allen according to county records) shall authorize the subdivision application by signing the application form.

2. Metes and Bounds Subdivision 17-4511 shall be filed at Crow Wing County before the final plat application is accepted.

3. A report with the description of the soils on the site and soil test results demonstrating the adequacy of the property for proposed development in terms of ground water level, and percolation rate shall be submitted. The report shall include information for each of the seven lots.

4. A stormwater management plan meeting the minimum requirements of the subdivision ordinance shall be approved by the planning commission.

5. An "as-built" drawing for Lone Oak Circle shall be submitted.

6. A 16' wide vegetative buffer shall remain in place surrounding the wetland. A conservation easement shall be created and filed for said area. Vegetation may not be removed from the 16' wide vegetative buffer.

7. Before the final plat is approved, the property owner shall enter into a developer's agreement with the Township regarding construction and maintenance of the roadway.

8. The ditches in and around the development that have been impacted by construction of the road shall be cleaned and repaired before the final plat signed by the Township.

9. The preliminary plat drawing shall be revised to include new locations for SSTS and dwellings in accordance with the SSTS site evaluations.

10. Anderson Brothers Construction shall submit a statement regarding the subgrade of the constructed roadway and warranty of their work.

11. The final plat application shall not be approved until all conditions of the preliminary plat approval are fulfilled. Motion passed.

There was a public hearing on the Ordinance Amendment Regarding Floodplain Regulations Application 17-4512. The Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses.

1.2 Purpose:

1.21 This ordinance regulates development in the flood hazard areas of Crow Wing Township. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

1.22 National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.

1.23 This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

Crow Wing County has adopted this ordinance and there is no cost to join. Motion by Linda to recommend adoption of the Floodplain Ordinance as written to the Town Board, seconded by Dan, motion passed.

Brad asked if there were any additions or deletions to the agenda. There were none.

Linda made a motion to accept the minutes of the July 10, 2017 meeting as written. Seconded by Dan. Motion passed.

New business. Justin received a request to install a "No Jake Brake" sign on the exit ramp to Business 371. MnDOT does not allow this sign but would allow a "Local Noise Ordinance Enforced" sign if the Town Board would request one. Justin will check on the existence of a township noise ordinance.

Under old business the Wade Tomberlin property violation was discussed. Wade is working on the cleanup list but wants to keep some items. An inspection will be done next month.

The Planning & Zoning Administrator's report was reviewed. Permits were received for three accessory structures.

Linda made a motion to adjourn, Dan seconded, meeting adjourned at 8:50 pm.

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