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08-22-05 PC Minutes . . . Regular Meeting of the Golden Valley Planning Commission August 22,2005 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, August 22,2005. Chair Keysser called the meeting to order at 7 pm. Those present were Commissioners Cera, Eck, Keysser, Schmidgall and Waldhauser. Also present were Director of Planning and Development Mark Grimes, Planning Intern Kristin Gonzales and Administrative Assistant Lisa Wittman. Commissioners Hackett and Rasmussen were absent I. Approval of Minutes August 8, 2005 Planning Commission and Environmental Commission Joint Meeting MOVED by Eck, seconded by Waldhauser and motion carried unanimously to approve the August 8, 2005 minutes as submitted. II. Informal Public Hearing - Final Plan of Development - PUD No. 100 - North Wirth Business Center Applicant: KRJ North Wirth LLC Address: Lot 1, Block 2, North Wirth Parkway - located on Dahlberg Drive Purpose: The PUD would allow for the construction of an office condominium project totaling 31,500 square feet comprised of six buildings, phased over time Grimes referred to the property on a site map and stated that it is located at TH 55 and Dahlberg Drive near Breck Ice Arena and Room and Board. He stated that the City Council approved the preliminary plans for this development at their June 21,2005 meeting with six conditions of approval and now the developer is moving forward with the Final Plan of Development. Grimes explained that the property is owned by the HRA and is being sold to the developer in order to build six office condominium buildings in phases. He added that the developer will be doing all of the utilities and parking lots at the time the first building is constructed. Grimes stated that the property to the north will be going into a conservation easement which will say that it is to remain undeveloped. He stated that staff feels that it is a good development for the area and that it will complete the North Wirth Redevelopment Area which started in the late 1970's. Keysser asked who would hold the title to the property in the conservation easement. Grimes said the developer would own the property. Dale Joel, Capital Growth, stated that they are very excited to be adding to the quality of the North Wirth Business Park. He said they have been working extensively with the City Minutes of the Golden Valley Planning Commission August 22,2005 Page 2 . to try to accommodate all of the issues. He stated that the architect for the project, Darrell Andersen, and himself are there to answer any questions. He mentioned that if there is any concern about the quality of the construction the Commissioners could check out a project they recently did in Mahtomedi which took first place in the Minnesota Business Journal for design. Keysser asked Mr. Joel about the time period for selling all six of the units. Joel stated that it depends on the weather, but that they are trying to get the first building done this fall and expect full build out in less than two years. Keysser opened the public hearing. Hearing and seeing no one wishing to speak Keysser closed the public hearing. Cera stated that the proposal seems straightforward and he liked the additional conditions that were added by the Council. Schmidgall stated that they've seen this proposal a few times and that he is inclined to keep supporting it. . MOVED by Waldhauser, seconded by Eck and motion carried unanimously to approve the Final Plan of Development for PU 0-100 North Wirth Business Center with the following conditions: 1. The following plans shall become a part of this Final Plan approval: Site Plan dated 7/11/05 prepared by the Design Partnership; Landscape Plan dated 7/11/05 and prepared by the Design Partnership; Building Elevation Sheet dated 7/11/05 and prepared by The Design Partnership; Grading Plan dated 7/29/05 and prepared by Paramount Engineering; and Utility Plan dated 8/02/05 and prepared by Paramount Engineering. 2. The recommendations found in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes dated August 16, 2005 shall become a part of these recommendations 3. The recommendations found in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes dated August 15, 2005 shall become a part of these recommendations. 4. The plantings and sod indicated on the Landscape Plan shall be completed around each building after construction of the building. Prior to construction of the buildings, all areas shall be seeded with at seed mix acceptable to the City Engineer. The area that is seeded shall be maintained in a manner as to not allow the growth to exceed 8 inches in height. 5. The areas along Dahlberg Drive (between the parking lots and the street and east of the southernmost building pad) shall have sod laid at the same time as the landscaping is done around the first building. 6. The area north of the railroad tracks shall be placed in a conservation easement with the City of Golden Valley. Development of the area north of the tracks may only occur with an amendment to the PUD and amendment to the conservation easement. . III. Informal Public Hearing - Minor Subdivision - SU09-08 - Lawn Terrace Estates Minutes of the Golden Valley Planning Commission August 22, 2005 Page 3 . Applicant: Peter Knaeble Address: 25 Lawn Terrace Purpose: The Subdivision would create five separate lots in order to keep the existing home and to construct four new homes. Gonzales referred to the property on a site map and stated that it is located at the corner of Lawn Terrace and Glenwood Avenue. She explained that the applicant is proposing to divide the one existing lot into five lots with one of them containing the existing home. She said all lots will have access from Lawn Terrace and Lot 1 will share a driveway with Lot 3 and there will be an easement with Lot 2 and Lot 3 for access to Lawn Terrace. She stated that each lot is over the minimum requirements for area and width. She stated that each new lot will have a rain garden and, as stated in Jeff Oliver's memo, there will be agreements with the future homeowners to maintain them over a period of time. Keysser asked if the rain garden agreements would be made part of the homeowner's deeds. Grimes said that the City will require some sort of maintenance agreement for all future property owners before the final plat is signed. . Keysser asked about the traffic impacts. Grimes stated that one of the neighborhood's concerns is traffic during construction. He said that the City Engineer has said that during construction parking can be limited to one side of the street on Lawn Terrace. He stated that storage of dumpsters and equipment, etc. is not allowed on the public right of way and would have to be stored on the property itself. Grimes referred to the neighbor's concerns about how narrow Lawn Terrace is and stated that it is scheduled to be on the street reconstruction calendar in 2011. So at this point in time, the Engineering Department is concerned about modifying the street now and then again in 2011 unless there is a serious public safety concern. He added that any changes to that intersection would also have to be reviewed by Hennepin County. Grimes explained that the developer is dedicating 14 feet of right of way which could be used to widen Lawn Terrace in the future. Eck asked about the definition of "full frontage on a street" and asked where the frontage is on Lot 3. Grimes explained that the narrowest side of the lot is considered the front and the frontage on Lot 3 is on Lawn Terrace. . Waldhauser asked why tree mitigation is not being required for this proposal. Kristin referred to the site plan and discussed some of the trees that will be removed. Keysser stated that based on information given at the neighborhood meeting there are currently 107 trees on the site, the developer will be cutting down approximately 33 and some new trees will be planted. Grimes explained that the City's Tree Preservation Ordinance allows the removal of up to 30% of the trees without requiring mitigation. Waldhauser referred to the rain gardens and asked if there are standards as to how much run-off they are required to capture. Gonzales stated that Lot 3 won't require a rain garden because it is an existing home. Grimes stated that the rain garden plans have been reviewed by a consultant and will still have to be reviewed by the Bassett Creek Minutes of the Golden Valley Planning Commission Aug ust 22, 2005 Page 4 . Watershed Commission to make sure they will meet all of their requirements and best management practices. He said that the City will be working with the developer on a lot by lot basis to ensure that the rain gardens work. Keysser asked if an environmental manhole would be an option for this project. Grimes said he thinks the rain gardens are a better choice because this is a critical portion of the watershed district. Cera added that from an environmental standpoint rain gardens would be the best option. Peter Knaeble, Applicant, stated that he has been a resident of Golden Valley for 15 years. He stated that they have been working with staff to design a project that would fit in with the neighborhood, exceed the standards for the Residential zoning district, preserve a majority of the trees on the site and preserve the existing home. He said he thinks the custom designed rain gardens will more than adequately treat the additional storm water generated by this project. Knaeble stated that the site is 2.27 acres which includes the 14 feet of right of way that will be given up to accommodate any future expansion of Lawn Terrace. He explained that the lots will range in size from 12,600 square feet to over 25,800 square feet. The average lot size in this project is 18,870 square feet and the minimum lot size required for this zoning district is 10,000 square feet. . Knaeble referred to the site plan and showed that all driveways will have access on Lawn Terrace. The driveway of the existing home on Lot 3 and the proposed home on Lot 1 will share a driveway rather than trying to request driveway access on Glenwood. Knaeble discussed the Tree Preservation Ordinance and stated that the City requires that significant and specimen trees are surveyed and that not every tree needs to be surveyed. He explained that they surveyed 107 trees and of those, 74 of those trees will be saved and approximately 33 trees will be removed. However, he thinks there will be less than 33 trees removed once the project is finished. Knaeble referred to storm water management and discussed the perk tests done on the individual lots. He said that the rain gardens were designed for each lot specifically according to the perk test results and that they've reviewed their project, the perk test results and drainage with the City Engineer and the City's consulting engineers and they have preliminarily approved their rain garden designs. He added that they looked at putting a pond on the site, but it would have eliminated a substantial portion of the wooded area on Lots 4 and 5. Knaeble referred to the existing power lines that serve the area and stated that they have had discussions with Excel about redesigning a portion of their line and putting some of the wires underground. . Knaeble stated that he held a neighborhood meeting and discussed a list of issues that came up as a result such as: traffic, drainage, home values and styles, electrical problems in the neighborhood, tree removal and restrictive covenants. Knaeble stated that they are proposing to have one or two different builders build the homes and that the homes on Lots 4 & 5 would be $700,000 or more and the homes on . . . Minutes of the Golden Valley Planning Commission August 22,2005 Page 5 Lots 1 & 2 would be approximately $500,000 - $600,000 or more. He stated that those values exceed the average value of the existing homes in the neighborhood so they are not anticipating an adverse effect in property values in the area. He stated that he has talked to Excel about the existing electrical problems in the neighborhood and they've stated that this proposal won't make those existing conditions any worse. Knaeble referred to the tree preservation plan and said that it was his understanding that 40% of the trees on the property could be removed without mitigation and that they are under that limit. Knaeble referred to the request regarding adding restrictive covenants and stated that he thinks it is a good idea and he is looking into it more. He added that that may be a good way to address the maintenance of the rain gardens as well. Cera asked if the purchase agreement is contingent on the plat being approved. Knaeble said yes. Cera asked Knaeble to talk more about the electrical problems that the neighborhood mentioned. Knaeble stated that the neighbors have said they experience frequent power outages. Keysser asked how many new trees are going to be planted. Knaeble said that the tree planting will be done by the builders as the new homes are built, but that they will probably be planting some new trees on Lot 3 when they remodel the existing home. He said that the builders would probably plant approximately 5 to 10 trees per lot in order to provide screening from Glenwood Avenue, between the new homes and the homes to the south. Keysser asked if a minimum level of tree planting could be added to the restrictive covenants. Knaeble said yes. Eck asked about the length of the sanitary sewer line on Lot 1. Knaeble referred to the site plan and explained that they were all designed to City standards and addressed Jeff Oliver's concerns. Keysser reiterated that no construction equipment or dumpsters would be able to park on the street. Knaeble agreed. Keysser said another concern of his is limiting construction worker parking as well and asked that the parking be prohibited on the first 30 to 40 feet on Lawn Terrace south of Glenwood Avenue because it makes the entrance to Lawn Terrace difficult to drive through when there are cars parked there. Knaeble asked if that is a Public Works signage proposal. Grimes explained that the City Council makes all decisions regarding parking on the streets and that they could take a recommendation from the Public Works Director that would allow parking on only one side of Lawn Terrace. Keysser said there are two separate issues, one is restricting parking to one side of the street and the other is restricting parking completely for the first . . . Minutes of the Golden Valley Planning Commission August 22, 2005 Page 6 30 feet on Lawn Terrace. Knaeble said current State law prohibits parking within 30 feet of an intersection. Keysser asked if there was going to be a homeowners association. Knaeble said their proposal is to have restrictive covenants which would be filed with all five deeds along with maintenance agreements for the rain gardens. Cera asked who enforces the covenants. Grimes said it would be the person doing the subdivision and that sometimes the City is made a partner in the maintenance agreements. Knaeble said that ultimately it's the responsibility of each homeowner. Keysser opened the public hearing. Brian Andersen, 5160 Colonial Drive, stated that his problem with this proposal is the rain gardens. He said the rain gardens on Lots 4 and 5 would be located 10 feet above his driveway and asked who is responsible if his driveway gets washed out if the rain gardens fail. He said that Grimes said that rain gardens are experimental and he wants to see what happens with them. Grimes clarified that rain gardens are a fairly new concept in Golden Valley but they have been proven to work in other areas. He said that in order to make sure they work, the applicant has had to provide soil tests and the Bassett Creek Water Management Commission will have to approve them. Andersen said environmentally they seem fine, but asked what happens if they don't work. Grimes said if they are approved by the Watershed District and the City Engineers, they will work. He added that the City will not approve a drainage system that is going to have a negative impact on an adjoining property owner. Andersen said that every argument he has heard is environmental, but all of the property in this proposal is going to be draining into these rain gardens 10 feet above his property Keysser asked what happens with drainage currently. Andersen said it is a problem currently and now there is going to be more drainage coming toward that area. He said he is worried about increased drainage and who is responsible if his driveway washes out. Grimes stated that there are engineered drawings showing that will not happen. He added that systems can not be designed for 500 year storms. Grimes suggested Andersen speak to the developer's civil engineer or City's engineer to get a better understanding of how the rain gardens work. Keysser added that rain gardens are somewhat new to Golden Valley, but they are not new to the industry. Andersen said it seems to him that if Golden Valley approves this then they will have some responsibility. Andersen asked what happens to the rain gardens in the winter. Grimes asked where the water goes now. Andersen said it goes down his driveway and into the pond along Highway 100. Grimes asked if water gets into his house. Andersen said no. Waldhauser said that part ofthe design of the rain gardens is to direct where the overflow goes and that some of the water would go out to Glenwood. Grimes said eventually it all flows to the pond and it is not going to endanger any houses. Andersen said it does endanger his driveway though. . . . Minutes of the Golden Valley Planning Commission August 22,2005 Page 7 Dr. Arnold Leonard, 5212 Colonial Drive, stated he is also concerned about drainage in the area and that there was a near drowning in a pond that used to be in the neighborhood, but has since been abandoned. He said he has big doubts about rain gardens because the whole area is clay which retains the water. He said if too many trees are taken out the run-off is going to be stagnant. He said the soil borings in the area were taken in a dry period and the only thing he thinks would solve the drainage problem is if a culvert were installed along the property line with Mr. Andersen. He said Mr. Andersen has cause to be concerned about this because it is a real problem area. He said his second concern is the traffic and that he has called the State and would like the City's help to open up Highway 100 going east on 1-394. He said it is not only these proposed homes adding to the traffic it is also from the Terrace Estate Apartments going in down the street and another large building going up at Allianz. He said the traffic patterns are going to change and more and more people are going to come through the area. He said he is concerned about the children in the area and the ability of emergency vehicles to get through if the traffic pattern is poor. He said his third concern is the electrical factor and that they have power outages all the time. He said the transformers are so old and they have had dangerous situations and trees catch on fire. He said the City has to coordinate with Excel to improve the number of outages in the area. Alan Nadosy, 5121 Colonial Drive, stated that invariably in any real estate development project of this kind, the developer generally absorbs the benefits and the neighborhood absorbs the headaches. He said he would like to ask the City to minimize the headaches that are going to be imposed upon them. He said he would like the City to insist that off road parking for all persons and activities related to the construction be restricted to the construction site itself. He said that the modifications to Lawn Terrace currently scheduled for 2011 should be accelerated and done before any construction begins. He said there has been a great deal of development in that area of Golden Valley and that traffic has increased on Glenwood and Lawn Terrace and nothing has been done to make that intersection safer. He said currently Glenwood has two lanes on it and it should have three to allow for a left turn lane and four way stop signs should be installed to allow for safer entering and exiting on Lawn Terrace. He asked the City to work with Excel Energy to upgrade the problematic electrical service to the area which will be exacerbated by this proposal. Nancy B, 5301 Glenwood Avenue, asked how the developer is going to handle the slopes and level the land to get a flat surface to build houses on. She asked if the restrictive covenants are completely up to Mr. Knaeble. Keysser said yes, the covenants would be written by Mr. Knaeble. B said that when the Laurel Terrace apartments were approved they were only supposed to take out 40% of the trees but they took out 95% of the trees and there are only 3 trees left. She said she is concerned about compromises having to be made down the line that weren't initially proposed. She referred to people using the street as a park-and-ride location and asked if there is going to be any development with the bus stop across from Golden Valley Lutheran Church. Grimes stated that the Church owns that property and he thinks their plan is to use it for parking. B asked why there isn't any encouragement for people to use the bus stop down the street. She said she shares the concerns about the clay soil and said it is really Minutes of the Golden Valley Planning Commission August 22,2005 Page 8 . important that the soil conditions are the same in wet weather as it appears to be in dry weather. Vicky Klaers, representing her parents who live at 40 Lawn Terrace, stated that she wished to speak to the aesthetic perspective of this project. She said that the houses being proposed will have beautiful back yards and views, but currently her parents' house has a beautiful front view of trees and nature and she, and her parents, are upset about losing their view. She said this is a unique piece of land and nobody knew about Lawn Terrace until now. It was a well kept secret and she would like it to stay that way. She said she, and her parents, worry about the about of amount of land that will be taken from their property when Lawn Terrace is reconstructed. Grimes stated that right now, there is 32 feet of right of way for Lawn Terrace and normally the City has 60 feet of right of way. He said he doesn't know how much property will be needed when the street is reconstructed. Cera asked how wide a normal street is. Grimes said it varies from street to street. . Klaers said she was glad to hear about the City's ordinance regarding the trees, but if the 30% of trees the developer decides to take out are the 65-foot or higher trees currently on the property that is definitely going to change the character of the land. She said she has lots of concerns about the aesthetic beauty of the existing houses and that the people who buy homes in this area seem to be losing their right to have this beautiful area across the street from them. She asked what the City's policy is regarding shared driveways. Keysser said there are no policies against shared driveways. Klaers asked if there is a requirement about the distance between driveways. Grimes said driveways have to be located 3 feet from the property line unless it's a shared driveway. Klaers said she understands that this proposal exceeds the minimum requirements but the idea is to not change the character of the neighborhood at all. LeAnne Andersen, 5160 Colonial Drive, referred to Lot 5 and discussed the landscaping. She stated that it is currently covered by shrubs and smaller trees and they will be losing that additional landscaping which will also affect the water run-off. She said she is concerned about the incremental run-off and experimenting with this property. She said she worries about the perk tests that were done were because they were done with the landscaping that is currently in place and it is drier. She said she is also worries about the timing of the proposal and suggested that the Planning Commission table this request until it receives full Watershed approval and recommendation because there are still additional drainage concerns that haven't been thought through. She said that a lot of the information they have learned from Mr. Knaeble has shifted. She said Mr. Knaeble said that the trees on Lot 5 would be staying and now at this meeting she is hearing that the landscaping will be up to the individual builders so it feels like more discretion is up to the builders than they initially thought. She referred to the section of the wires that Excel is proposing to bury and said that the cost of doing that should go to Mr. Knaeble and this development and not against her property. . Keysser asked about the timetable regarding Watershed approval. Grimes said the plan would have to be approved by the Bassett Creek Watershed Commission prior to the issuance of any building permits. Minutes of the Golden Valley Planning Commission August 22,2005 Page 9 . Cera asked if the Watershed Commission has a Board that hears proposals. Grimes said yes, and explained that the City is in effect the applicant so staff needs to feel comfortable with what is being proposed before it goes to the Watershed Commission. Keysser asked if it would be possible to notify the neighborhood of the Watershed meeting. Grimes said he wasn't sure when this item will be on their agenda, but that it would be a public meeting. Brian Andersen, 5160 Colonial Drive, asked if he could talk to the Watershed District about his property concerns or if they only deal with environmental concerns. Grimes explained that the City has representatives that go to the Watershed District meetings. He suggested that Mr. Andersen talk to the City Engineer about his concerns. He reiterated that the City has always said that drainage run-off from a new development can't have a negative effect on another property. If water has been going over property, it can continue to go over the property, but it can not worsen an existing situation. . Cera added that the Watershed Commission deals with erosion control issues so it would be the venue for Mr. Anderson to discuss his concerns. Grimes stated that the rate of run- off shouldn't be any greater after the development than before it. Mr. Andersen said that his concern is that the rain gardens are above his land. He said he is worried that when the trees are gone from Lots 4 & 5 and there are two new houses and driveways that it will increase the run-off to his property. Keysser explained that some of the water will drain to Lawn Terrace. Allen Ward, 225 Burntside Drive, expressed concerns about erosion and the amount of impervious surface being added. Grimes explained that the City will make the best efforts it can to control the erosion and the run-off. Keysser stated that with sufficient grading and planting, erosion shouldn't be a problem. Bill Murtaugh, 5100 Colonial Drive, asked the Planning Commissioners if they are all property owners in Golden Valley. He said he was there to support his neighbors and their concerns. He said he doesn't think anybody in their neighborhood is in favor of this project and asked what say they have. He said Mr. Knaeble is out to make a lot of money and that there is nothing in it for the residents. He said he is speaking on behalf of the people of the community and he hopes that the City will listen to the neighborhood as much as they are listening to Mr. Knaeble. Dorothy Nadosy, 5121 Colonial Drive, stated that she is in favor of this project if it can be done with protecting the water and protecting the electricity and if all of the concerns can be met it would be a fine addition to the neighborhood. She said the property has been on the market for months and has not sold so she thinks they need to be practical. . Alan Nadosy, 5121 Colonial Drive, suggested re-opening Turners Crossroad on to Glenwood. He added that the Golden Valley Lutheran Church did have a park and ride lot. Grimes stated that the decision to close Turners Crossroad Was made with the support of a lot of people in the neighborhood to the south. Keysser stated that the traffic on Turners Crossroad has dropped over 90%. Minutes of the Golden Valley Planning Commission August 22,2005 Page 10 . Grimes stated that Turners Crossroad used to have 5,000 to 8,000 trips per day and now it has about 200 to 300 trips per day until the new apartments open which will add another 400 to 500 trips. Terry Tillman, 208 Lawn Terrace, stated that one way to help reduce the impact of this development would be to have lots 1, 2 and 3 share a driveway as well as Lots 4 and 5. Keysser asked Knaeble what he thinks of that concept. Knaeble said he did look at that option, but he wanted to allow flexibility for the builders. He said he likes the idea, but wants to leave the option of sharing driveways open to the builders. Brian Andersen, 5160 Colonial Drive, said the developer said there were 99 houses in this neighborhood, there will 184 when the apartment units are added, and Grimes just said that would be an added 400-500 trips per day. If a fifth of those cars come down Lawn Terrace there is going to be trouble. He stated when he first talked to Mr. Knaeble he said the homes would be $800,000 to $900,000, then at the neighborhood meeting he heard $700,000 and now at this meeting he is hearing that some of the houses will sell for $400,000 to $500,000. Knaeble said the minimum home will price will probably be $500,000 to $600,00 up to $700,000 plus. Andersen said $500,000 doesn't buy much in the Twin Cities and that he would like to see the values go up. Keysser said home prices are market driven. . Tom Bauer, 115 Lawn Terrace, said he thinks this plan is a marvelous idea. He said he also heard that the homes would begin at $700,000. He said he is very concerned that the houses may be sold for $500,000. He said he would like a detailed explanation of a rain garden. Cera stated he is not an expert on rain gardens, but he does know that they mimic natural prairie vegetation with very long and deep root systems that carry water down to the water table, into the soil system. Waldhauser added that the plants help hold water so it can evaporate up as well. Grimes stated that Sherry Busse, who is a metro area expert regarding rain gardens and a landscape architect at Bonestroo has reviewed these plans to make sure that they will work in this situation. Bauer stated that the easiest thing to do would be to put a culvert under Mr. Andersen's driveway. Andersen said the rain gardens sound great, but he still has concerns about what happens to them in the winter. Nancy B, 5301 Glenwood Avenue, stated that she researched rain gardens and that they are meant to be dry. She said she has a hard time believing that people who have $500,000 to $700,000 are going to want to live at the corner of Glenwood and Highway 100 so she thinks it is realistic that Mr. Knaeble is lowering the prices. Grimes said it depends on the market and that many people don't mind living on busy streets because it is a very convenient location. . Terry Tillman, 208 Lawn Terrace, asked if the rain gardens are going to be breeding grounds for mosquitoes. Waldhauser said that water has to sit for 7 days in order for mosquitoes to breed. Cera stated that it will likely be drier than it is now. Grimes referred to the consultant's review and stated that it says infiltration will take place within 48 hours of a rain event. Minutes of the Golden Valley Planning Commission August 22, 2005 Page 11 . Seeing and hearing no one else wishing to comment, Keysser closed the public hearing. Eck said he thinks the neighbors concerns about drainages are very real and should be listened to. He said he believes the City will be very convinced that they are not going to exacerbate the drainage situation by this development. He said he believes that the fact is that if all of the requirements of the ordinances are met, and the drainage issues are addressed they have no legal basis for denying this subdivision. Waldhauser said she thinks the proposal is pretty straight forward and that some of the concerns will be addressed by the restrictive covenants attached to the homeowner's deeds. She said she can sympathize with the neighbors who have loved looking at this property for many years, but the current owner has rights as well. She said she is pleased that it is not a dense development and that it is a nice alternative over what some other alternatives could be. Cera said he thinks the general concept is good. He said he thinks something could be worked out with Mr. Andersen and Mr. Knaeble regarding the drainage issues. He said he is somewhat concerned about the covenants on the property and the City not being able to enforce them. Grimes said that the City can become a signatory on the covenants if that is what the City Council decides to do. Waldhauser said she thinks it would help if the City could have some role in the maintenance of the rain gardens. . Keysser proposed that some conditions of approval be added. He said he would like there to be parking restricted to one side of Lawn Terrace during construction and no parking of any equipment or materials should be allowed in the street. Construction workers should park on the site, off the street. Even after the end of construction there should be a no parking sign from the corner up to the first driveway on Lawn Terrace. Grimes said he would talk to the City Engineer about the signage. Cera asked if the no parking on Lawn Terrace should be just in front of the site or the whole length of Lawn Terrace. Keysser thought parking should be prohibited just in front of the site. Waldhauser said they've heard a lot about parking and traffic issues in that area, none of which, except restricting parking during construction, have anything to do with the proposal that is in front of them. This development is not going to aggravate the existing traffic conditions. She said she understands the neighborhood wants to do something about the traffic issues but it is not appropriate to hold up this development in order to deal with those issues. Keysser agrees that he doesn't want to hold up the process with these traffic issues, but as long as they are looking at the area it makes sense to talk about it. Grimes said that the City Engineer's report says that there will only be parking allowed on one side of the street and that nothing will be allowed to be stored on the streets or in the right of way. . Keysser said he would talk to the Public Works Department separately about the other traffic issues on Lawn Terrace. . . . Minutes of the Golden Valley Planning Commission August 22, 2005 Page 12 MOVED by Eck, seconded by Schmidgall and motion carried unanimously to approve the request for a subdivision at 25 Lawn Terrace with the following conditions: 1. The recommendations of City Engineer Jeff Oliver as found in his memo dated August 11, 2005 become a part of this approval. 2. Park dedication fees shall be paid at the time of final plat approval. The fee shall be determined by the City Council. 3. The site plans submitted by the applicant, dated July 7, 2005 shall become a part of this approval. 4. The site plans submitted by the applicant are subject to review and comment by MnDOT and Hennepin County. 5. Parking will be restricted to one side of Lawn Terrace during the construction process. 6. There will be no storage of equipment or materials allowed on any right-of-way or on any street. -Short Recess- IV. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No other meetings were discussed. V. Other Business Advance notice of future agenda items. Grimes stated that staff suggests including the Planning Commissioners in the hearing notice mailings that are sent to residents 10 days in advance of the public hearings in order to inform them of future public hearings further in advance. Cera asked that they be emailed to the Commissioners. VI. Adjournment The meeting was adjourned at 9:30 pm.