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Longview Estates Council Report December 8, 2003 Page 2 Planning Commission Action: The Planning Commission held a public hearing on November 5th which was continued to the November 19th meeting. The residents who spoke at the public hearing were opposed to the development, many stressing the hydrological conditions of the site and the potential impact of the development. Others were concerned about the traffic impacts of the proposed 15-lot subdivision. Some Longview Drive residents questioned the suitability of the soils for construction and what the potential impacts would be from the extensive fill brought onto the site. Many echoed concerns regarding the loss of wildlife habitat and a complete deforestation of the wooded site. A final issue was raised concerning liability, insofar as who would be responsible if basements flooded or if other damages occurred. (While certain provisions can be addressed in the development agreement, it would be difficult to hold the developer responsible for pre-existing conditions such as wet basements, since some property owners have already reported wet basements. The City Attorney can further address issues regarding developer liability and financial guarantees.) The Planning Commission directed staff to draft a resolution recommending denial on the basis that the applicant had not submitted sufficient documentation to demonstrate that the proposed subdivision was feasible from a hydrological and engineering perspective. On December 3, 2003, the Planning Commission approved Resolution 745-03, a resolution recommending denial of the subdivision. Legal Response: The City Attorney has indicated that if a proposed preliminary plat satisfies the City’s zoning and subdivision regulations and requirements, the preliminary plat should be approved. The preliminary plat approval, however, can and should be conditioned upon the applicant obtaining the necessary permits and approvals to ensure that the proposed lots are buildable and that the development does not degrade the wetlands or area hydrology. In this case, the subdivision will require Rice Creek Watershed District permit approval, City of Mounds View wetland alteration permit approval, acceptable soil borings and analyses, dedication of easements, installation of pedestrian trails and payment of the code-required park dedication fee, etc. Other conditions may be necessary to ensure that the development contemplated by the preliminary plat satisfies all appropriate codes, regulations and requirements. Approving the preliminary plat does not obligate the City to approve the final plat unless all of the imposed conditions have been addressed to the Council’s reasonable satisfaction. Comprehensive Plan: The Comprehensive Plan Future Land Use Map designates the Longview Estates parcel as single family detached. While this designation is consistent with the proposed subdivision, one of the stated goals under the land use component of the Comprehensive Plan is to “Ensure that community development is compatible with features of the natural environment and is accommodated without destroying desirable environmental features and natural amenities.” A subdivision should be accomplished with as little impact and alteration as possible. Local W ater Management Plan: Also known as the City’s Surface Water Management Plan, this planning document guides the City in regards to drainage and stormwater management. The plan, which is in the midst of being updated, did not contemplate any development on this site. The City’s engineering consultant, SEH, indicates that careful consideration will need to be given to ensure the subdivision and future development does not cause unintended adverse hydrological impacts. SEH will review any and all engineering and hydrology analyses produced and submitted by the applicants and may perform its own analysis to ensure plan compliance.