Planning Commission Meeting-November 13, 2017


Crow Wing Township Planning Commission Meeting
November 13, 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.

The public hearing for the final plat application 17-4537 for Oak Ridge South Second Addition was held. Justin read the conditions of approval and reviewed the required documents. Tom Feierabend and Jim Kramer from Kramer, Leas, Deleo were present to answer any questions.

The preliminary plat of Oak Ridge South, Second Addition has been approved by the Township with the following conditions:
1. The current property owner (Paul Allen according to county records) shall authorize the subdivision application by signing the application form. a. Completed
2. Metes and Bounds Subdivision 17-4511 shall be filed at Crow Wing County before the final plat application is accepted. a. Completed
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. a. Completed
4. A stormwater management plan meeting the minimum requirements of the subdivision ordinance shall be approved by the planning commission. a. Completed
5. An "as-built" drawing for Lone Oak Circle shall be submitted. a. Completed
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.
a. Completed
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. a. The document has been prepared and will be presented to the Town Board.
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. a. Completed
9. The preliminary plat drawing shall be revised to include new locations for SSTS and dwellings in accordance with the SSTS site evaluations. a. Completed
10. Anderson Brothers Construction shall submit a statement regarding the subgrade of the constructed roadway and warranty of their work. a. Completed
11. The final plat application shall not be approved until all conditions of the preliminary plat approval are fulfilled.

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.
2. The subject property is 18.41 acres and is located at the south end of Lone Oak Circle (no physical address).
3. The preliminary plat of Oak Ridge South was approved September 12, 2017 with eleven conditions of approval.
4. All conditions of the preliminary plat approval have been completed with the exception of condition number seven, "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." This item will be completed by the Town Board before final approval.
5. An independent plat review from Samuel J. DeLeo (LS 40341) dated October 12, 2017 has been submitted. According to the plat review, "This plat is found to be in compliance with Minnesota Statue 505, MSPS platting
guidelines and the Crow Wing Township subdivision ordinance."
6. A title commitment dated October 3, 2017 (Nate Johnson, Atlas Abstract & Title, Inc.) has been submitted. The Township Attorney has provided an opinion of title and stating if the items associated with Schedule A listed below are received and confirmed, & the Title Commitment is sufficient for the Township to rely on to establish that the plat applicants are the fee owners of the land described in the proposed final plat.
a) The Notice;
b) The Commitment to Issue Policy;
c) The Commitment Conditions;
d) Schedule B;
e) Part I Requirements;
f) Scheduled B;
g) Part II Exceptions; and
h) A counter-signature by the Company or its issuing agent that may be in electronic format.
7. Signed/notarized covenants has been submitted.
8. A $30,000 letter of credit listing Crow Wing Township as the beneficiary has been submitted. The letter of credit may be utilized as outlined in the developer's agreement. It expires 10-11-2018.
9. A development contract has been prepared for the development and will be authorized before the final plat is recorded.

There was discussion about the SSTS locations on lots 4 & 5. The development agreement was reviewed and Justin will fill in the blanks and forward to the Town Board before the meeting on Tuesday. Motion by Dan, seconded by Linda that the final application 17-4537 be recommended for approval by the Town Board based on the 9 findings of fact. Motion passed.

The public hearing for Ordinance Ammendment Application 17-4543 regarding Suitable Area for new parcels in the Rural Residential Zoning Districts was held. Resolution 2017-04: An Ordinance Amendment Regarding Contiguous Suitable Lot Size Parcels in the Rural Residential Land Use Classifications, Application 17-4543, was discussed. The change involves adding the amount of contiguous suitable area required for each lot size as follows:

Table 14.1 Lot Size, Width, Setback and Height Standards for Rural Residential Districts

Dist Min Contiguous Min Structure ROW Wetland Structure
Lot Suitable Lot Setbacks Setbacks Height
Area Area Width
RR-1 1 acre .5 acre 150' 10' 35' 15' 35'
RR-2.5 2.5 a 1.5 a 165' 10' 35' 15' 35'
RR-5 5 a 1.5 a 300' 10' 35' 15' 35'
RR-10 10 a 1.5 a 300' 10' 35' 15' 35'
RR-20 20 a 1.5 a 400' 10' 35' 15' 35'
Motion by Linda to recommended to the Town Board the approval of application 17-4543 Ordinance Amendment Regarding Contiguous Suitable Lot Size Parcels in the Rural Residential Land Use Classifications 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 September 11, 2017 meeting as written. Seconded by Dan. Motion passed.

Under new business, permit tracking was discussed. Justin has digital copies of permits and related information as well as meeting minutes, public hearings, and other related information. The permits are tracked based on the applicant's name and home address. It was discussed that the affected property address should be on the reports that are generated. Justin will send the clerk a copy of the data.

The Planning & Zoning Administrator's report was reviewed.

Linda made a motion to adjourn, Dan seconded, meeting adjourned at 7:45 PM.

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