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HomeMy WebLinkAbout01/22/20031. Call to Order MAPLEWOOD PLANNING COMMISSION Wednesday, January 22, 2003, 7:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. January 6, 2003 5. Public Hearing a. Highwood Farm (Town houses) - Highwood Avenue Land Use Plan Change (R-1 to R-3(M)) Conditional Use Permit (CUP) for a Planned Unit Development (PUD) Preliminary Plat 6. New Business None 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations a. January 13 Council Meeting: Ms. Dierich b. January 27 Council Meeting: Mr. Rossbach c. February 10 Council Meeting: Ms. Fischer 10. Staff Presentations 11. Adjoumment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA WEDNESDAY, JANUARY 22, 2003 I. CALLTO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. I1. ROLL CALL Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Tushar Desai Mary Dierich Lorraine Fischer Matt Ledvina Jackie Monahan-Junek Paul Mueller Gary Pearson Commissioner William Rossbach Commissioner Dale Trippler Present Present Present Absent Absent Present Present Present Present Staff Present: Chris Cavett, Assistant City Engineer Ken Roberts, Associate Planner Lisa Kroll, Recording Secretary II1. APPROVAL OF AGENDA Commissioner Pearson moved to approve the agenda. Commissioner Desai seconded. Ayes- Desai, Dierich, Fischer, Mueller, Pearson, Rossbach, Trippler The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for January 6, 2003. Chairperson Fischer had a correction at the top of page 2 Nays should be changed to Abstentions. Commissioner Trippler moved to approve the planning commission minutes for January 6, 2003 with the changes. Commissioner Dierich seconded. Ayes- Desai, Dierich, Fischer, Mueller, Pearson, Rossbach, Trippler The motion passed. Planning Commission Minutes of 01-22-03 -2- V. PUBLIC HEARING a. Highwood Farm (Town houses)- Highwood Avenue Mr. Roberts said Mr. Charles Cox is proposing to build 18 town houses (in three six-unit buildings) in a development called Highwood Farm. It would be on a 3.71-acre site on the south side of Highwood Avenue, east of Dennis Street. A homeowners association would own and maintain the common areas. To build this project, Mr. Cox is requesting that the city approve: 1. A change to the comprehensive plan. This would be from R-1 (single dwellings) to R-3(M) (medium density residential) for the site. A conditional use permit (CUP) for a planned unit development (PUD). This PUD will give the city and developer a chance to be more flexible with site design and development details (such as setbacks and street right-of-way and pavement widths) than the standard city requirements would normally allow. Specifically, this PUD will allow the town houses and a driveway to have a smaller setback to the side property lines than code usually allows and to have the town houses on a private driveway. 3. A preliminary plat to create the 19 lots in the development (18 lots for the town houses and one lot for the common area). Mr. Roberts said the applicant has not yet applied for design approval for this project. If the city approves the requests, then the applicant will apply to the city for final plat approval and design approval (including architectural and landscape plans). The 18 units on the 3.71-acre site means there would be 4.86 units per gross acre which is consistent with the density standards set in the Maplewood Comprehensive Plan for medium- density residential development (of up to six units per gross acre). In addition, the proposed development density would be consistent with the density standards recommended by the Metropolitan Council for housing in first-ring suburbs. For a comparison, the comprehensive plan allows developments with single dwellings to have up to 4.1 units per gross acre. As such, on a 3.71-acre site, there could be up to 15 single-family homes. The applicant has applied for a conditional use permit (CUP) for a planned unit development (PUD) for the 18-unit housing development. In addition, having a PUD gives the city and developer a chance to be more flexible with site design and development details than the standard city requirements would normally allow. In this case, the developer is requesting the CUP for the PUD because the proposed side yard setbacks for the buildings and for the driveway do not meet the usual city setback standards. Mr. Roberts said specifically, the driveway on the east side of the site would be 12 feet from the side property line (instead of the usual 20 feet) and the town houses would be 47 feet from the west property line (instead of the usual 50 feet). Planning Commission Minutes of 01-22-03 -3- Mr. Roberts said the proposed setback deviations would not constitute a threat to the property values, safety, health or general welfare of the owners or occupants of nearby land and are required for reasonable and practicable physical development and are not required solely for financial reasons. However, in consideration for the PUD, the city should require the developer to record a conservation easement over the undisturbed area and to construct the development with a high level of architectural design and landscaping elements, including the size and quantities of materials. Mr. Roberts said Mr. Cox has designed this development as a common interest community (CIC) with three proposed buildings platted as one lot each. The buildings will then be divided into separate units, with the prospective buyers owning from wall to wall, as opposed to owning the land that a town house sits on and a small portion of the land surrounding it. If approved, the developer will be forming a homeowners association with documents (declarations) specifying the legal responsibility of the association and homeowners for maintenance of the units and common grounds. Mr. Roberts said data from the Institute of Traffic Engineers (ITE) says that, on average, a town house will generate seven vehicle trips per day and that a single dwelling will generate about ten vehicle trips per day. As such, 18 town houses would create about 126 vehicle trips from the site while 10 single dwellings would create about 100 vehicle trips from the site. Mr. Roberts said Lieutenant Banick of the Maplewood Police Department provided staff with comments about this proposal and the first proposal that had 10 lots for the site. The main concern expressed by Lt. Banick with the development of this site is the increase in calls for Service in the south end of the city. As south Maplewood has grown and developed, there has been an increase in the calls to the police department from the part of the city. He also noted "every development throughout the city has a tendency to increase police calls for service." Lt. Banick also stated that last summer the police department received several traffic and speeding complaints from residents on Highwood Avenue. As such, he asked what the impact would be on current residents with the increasing traffic? Because of these concerns, he recommends that the city limit the growth in this area by restricting this development to ten residential units. Commissioner Pearson asked staff if there was a maximum traffic count for that area? Mr. Cavett, Assistant City Engineer, said as an example, the 2001 traffic counts were 2,450 vehicles per day on Highwood Avenue and 2,600 vehicles per day on .Century Avenue. A traffic comparison in that area for McKnight Road totaled 4,900 vehicles per day between Highwood Avenue and Linwood Avenue. Commissioner Dierich asked staff why this road would not be a public road? Mr. Cavett said this is a private road because it doesn't meet the right of way requirements that are necessary on a public road. The homeowners association will be maintaining the driveways and sidewalks. It would also require a cul-de-sac rather than the hammerhead turnaround, requiring more grading and tree removal. Planning Commission Minutes of 01-22-03 -4- Commissioner Pearson asked staff if the project went forward with 20 foot roadways and there was no parking on the road and it is a private driveway, does the police department have the authority to ticket or tow for parking violations or is that up to the homeowners association to police? Mr. Roberts said the police department cannot tow vehicles from private property. As far as ticketing authority for the police department he is not sure. He believes the Fire Marshal has the authority to ticket vehicles because of the 20 foot width standard for life safety. Commissioner Desai asked if staff could clarify where there would be additional parking on the site? Mr. Roberts displayed the map to show where additional parking would be allowed on the site. Commissioner Mueller asked how many stories these townhomes would have? Mr. Roberts said he believes they would be two story townhomes that are 25 feet by 50 feet with underground parking. Commissioner Dierich asked if the city made this a public drive would it meet the city's criteria and if not what would it need to meet the requirements besides a turn around? Mr. Cavett said it would need a minimum 24-foot width, a right of way'of 50 feet, a minimum 90- foot wide cul-de-sac and the setbacks would change for the buildings. Commissioner Mueller asked how much the townhomes would sell for? Mr. Roberts said they would sell for between $300,000 to $350,000. Commissioner Mueller said he thought the city was concerned about affordable housing and in his opinion this is an expensive home. The applicant, Mr. Charles Cox, 1111 McKnight Road South, Maplewood, addressed the commission. He said at this time he has no concerns about the staff conditions and has no questions for the commission. Commissioner Mueller asked Mr. Cox how many stories the townhomes would have? Mr. Cox said the townhomes would be two stories and the middle unit would have the ability to have a loft. He said they will have three bedrooms and the price will be around $300,000. Commissioner Dierich commented the applicant had done a good job of listening to what the neighbors and the city had to say regarding this proposal. She feels Mr. Cox tried to do something that was more sensitive to the land compared to the last proposal. Commissioner Trippler asked Mr. Cox to elaborate on the property to the south of the development? Are there any plans to have a walkway or recreational area on the property? Planning Commission Minutes of 01-22-03 -5- Mr. Cox said there are no plans for the property to the south at this time. He said they have looked at several different options for the land and have also looked at gifting the land to the community. They will take the walkway or recreational area ideas into consideration, They are still in the design stage and have quite a ways to go until they get to that point. Commissioner Trippler said because of the noise potential from Highway 494 has he thought about noise barriers on the south property to help mitigate the noise? Mr. Cox said staff recommended a noise study. If it's determined that the noise exceeds the noise standards they will take staff's recommendation into consideration. Commissioner Desai said he has a concern about additional parking. For a townhome costing $300,000 he expects more than two spaces for parking. Visitors will be coming to these people's homes and he perceives a problem with the neighbors regarding the parking. Mr. David Myers of CEC Development, addressed the commission. Mr. Myers said there are two parking spots plus a guest parking spot for each townhome with the proposed underground parking. Commissioner Rossbach said he is pleased that the commission is looking at cluster housing. He does have a concern that when ever the city is looking at a PUD, the density goes up. He does not think that is part of a PUD that was put into the ordinance. His thought is this proposal ended up with 18 units. This was a piece of property that supported 15 units with the current R-1 land use designation. When the city started out with a proposed plan that had 10 houses and the suggestion was to save more of this land he did not think this proposal would come close to almost doubling the amount of homes on this property. He wonders why this proposal is going from 10 single-family homes to 18 townhomes. The density does not need to be changed because the Met Council has already approved the city's comprehensive plan. He thinks the PUD should be required, leave it zoned as R-1 and have 15 townhome units. Mr. Myers said in the city's current R-1 plan it allows them to put in 16.1 homes on this property based on the number of square feet. But because of the way it was set-up before they couldn't put 16 homes on the property comfortably. The reason they put the underground parking in was because it gave them additional credit towards the amount of units they could put on the land. Commissioner Rossbach said the credits don't mean anything in a PUD because they don't apply this is what a PUD does. Mr. Myers said the original R-1 would have allowed them to put 16.1 homes on the property. Commissioner Rossbach asked staff if that number was correct because that wasn't the number in the staff report. Mr. Roberts said he was not clear where Mr. Myers came up with those numbers. Mr. Myers said when he read the Maplewood Zoning Ordinance it said there are 43,520 square feet in an acre. Multiply that number by 3.71 and divide it by 10,000 square feet that equals 16.1 houses. He said it was all explained in the letter he wrote on page 18 of the staff report. Planning Commission Minutes of 01-22-03 -6- Mr. Roberts said he thinks the confusion is from looking at the density standards in the comprehensive plan verses minimal lot standards that are in the zoning code. Those numbers don't necessary line up with each other. The density standards are set by the comprehensive plan and that is where it says up to 6 units per gross acre is medium density. The 10,000 square foot minimum that Mr. Myers is referring to is the minimum lot size in the R-1 zoning standard. That density standard works in theory but doesn't account for any public right of way or streets that would be necessary to serve as access. Commissioner Dierich said she agrees with Mr. Rossbach and in fact if the Met Council said the maximum is 3 homes per acre she would feel more comfortable with their decision. She let staff know that she could live with 12 homes but would be more comfortable with 10 homes even though she thinks this is a much stronger plan. Chairperson Fischer said she believes the Met Council's decision was a minimum of 3 homes per acre rather than a maximum of 3 homes per acre. Commissioner Dierich said she thinks this is a far stronger development if the applicant pulled the middle unit out so the trees would be conserved, slide the two units sideways 90 degrees, then you Would meet the setbacks and you would have a nice buffer between the two units. She is concerned about the narrowness between the private driveway and the neighbors yard as well the 12-foot strip of land. The normal setback is 20 feet a.nd this seems unfair to have a setback of 12 feet. If the city was able to reconfigure the plan on page 14 item 8 b. of the staff report and it was approved by the city council, she would vote for the Iow density. She would recommend deleting the last part of that line that says "unless approved by the city council". Commissioner Rossbach said every time the city is reviewing a PUD the density is exceeded. He said it is not just this development it is every time a PUD is being reviewed. He said the applicant could have put 15 units in but instead he chose to put in 18 units. He said he does not want to change the rules just work within the rules. Commissioner Trippler said' he is not quite sure how someone would pay $300,000 for a 25 foot by 50-foot townhome. Mr. Cox said he wants to remind planning commission members not to make a decision based on the price of these townhomes or to base their decision on the profit that the developer will make on this project. Commissioner Rossbach moved to deny the resolution on page 30 of the staff report. This resolUtion changes the land use plan for the Highwood Farm plat on the south side of Highwood Avenue, east of Dennis Street. This change is from R-1 (single dwellings) to R-3 (M) (medium- density residential.) The city is making this change because: It would be consistent with the goals and objectives of the comprehensive plan. These include having similar uses fronting on the same street, having a grading plan that preserves many significant natural features and uses a planned unit development to allow for creative design solutions. This site is proper for and consistent with the city's policies for medium-density residential use. This includes: Planning Commission Minutes of 01-22-03 -7- a. Creating a transitional land use between the existing Iow-density residential and the existing telecommunications site. b. Being on a collector street and it is near an arterial street. Commissioner Dierich seconded. Ayes- Desai, Dierich, Pearson, Rossbach, Trippler Nays- Fischer, Mueller Commissioner Rossbach moved to approve the resolution on page 31 of the staff report. This resolution approves a conditional use permit for a planned unit development for the Highwood Farm development on the south side of Highwood Avenue, east of Dennis Street. The city bases this approval on the findings required by code. Approval is subject to the following conditions: (Changes are in bold and deletions are bolded and have a strike through them,) All construction shall follow the plans approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) Limit the number of units on the property to 15. {-1-)- (2) The developer minimizing the loss or removal of natural vegetation. (3) All driveways at least 20 feet wide. If the developer wants to have parking on one side of the main drive (Ferndale Street), then it must be at least 28 feet wide. (4) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet. Revise the plans to reduce the number of spaces between the buildings from three to two to allow more space between the parking area and the edge of the building. Also, revise the parking spaces and the turn- around area at the south end of the site to maximize the number of trees to be saved and to maximize the number of spaces while minimizing the amount of hard surface area. (5) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (6) The developer minimizing the loss or removal of natural vegetation including keeping and protecting as many of the large trees in the undisturbed area south of the town houses and parking areas. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. Planning Commission Minutes of 01-22-03 -8- Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the engineer's memo dated January 14, 2003. These shail include: a. Include grading, utility, drainage, erosion control, streets, trails, tree, driveway and parking lot plans. Show no grading or ground disturbance in the conservation easement. This land is to be preserved for open space purposes. The developer and contractors shall protect this area, including the large trees that are in and near the south side of the site, from encroachment from equipment, grading or filling. c. Include a storm water management plan for the proposal. The design of all ponds shall meet Maplewood's design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b. *Place temporary orange safety fencing and signs at the grading limits. Provide the city with verification that the town houses on the proposed site plan will meet the state's noise standards. This shall be with a study, testing or other documentation. If the noise on this site is a factor, then the contractor will have to build the town houses so that they can meet the noise standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound- deadening construction methods. 6. The approved setbacks for the principal structures in the Highwood Farm PUD shall be: a. Front-yard setback (from a public street or a private driveway): minimum - 20 feet, maximum - 35 feet. b. Rear- yard setback: 30 feet from any adjacent residential property line. c. Side-yard setback (town houses): minimum - 20 feet from a property line and 20 feet minimum between buildings. 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. Submit the homeowner's association documents to city staff for review and approval. Planning Commission Minutes of 01-22-03 -9- The developer shall provide a permanent means to preserve and maintain the common open space. This may be done by conservation easement, deed restrictions, covenants or public dedication. The developer shall record this document with the final plat and before the city issues a permit for grading or utility construction. 10. The city council shall review this permit in one year. 11. This approval does not include the design approval for the townhomes. The project design plans, including architectural, site, lighting, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: a. Meeting all conditions and changes as required by the city council. b. For the driveways: (1) Minimum width - 20 feet. (2) Maximum width - 28 feet. (3) All driveways less than 28 feet in width shall be posted for "No Parking" on both sides. Driveways at least 28 feet wide may have parking on one side and shall be posted for No Parking on one side. c. Showing all changes required by the city as part of the conditional use permit for the planned unit development (PUD). 12. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots in the preliminary plat before the city will issue a building permit. Commissioner Rossbach moved to approve the Highwood Farms preliminary plat (received by the city on December 26, 2002). The dev~eloper shall complete the following before the city council approves the final plat: (Changes are in bold and deletions are bolded and have a strike through them.) 1. Sign an agreement with the city that guarantees that the developer or contractor will: Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. *Place temporary orange safety fencing and signs at the grading limits. Co Have Xcel Energy install Group V rate streetlights in two locations - primarily at the street intersection and near the south end of the driveway. The exact style and location shall be subject to the city engineer's approval. Pay the city for the cost of traffic-control, street identification and no parking signs. Planning Commission -10- Minutes of 01-22-03 e. Provide all required and necessary easements, including any off-site easements. f. Demolish or remove the existing house and garage from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. g. Cap and seal all wells on site that the owners are not using; remove septic systems or drainfields, subject to Minnesota rules and guidelines. ho Complete the curb and gutter on Highwood Avenue on the north side of the site. This is to replace the existing driveways on Highwood Avenue and shall include the restoration and sodding of the boulevards. i. Install a sign where the new driveway intersects Highwood Avenue indicating that it is a private driveway. Install survey monuments and signs along the edges of the conservation easement area. These signs shall explain that the area beyond the signs is a conservation easement area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs before the city issues building permits in this plat. Have the city engineer approve final construction and engineering plans. The applicant shall have these plans revised to follow the comments of the city engineer and shall include the grading, utility, drainage, erosion control, tree and street plans. The plans shall meet the following conditions: The erosion control plans shall be consistent with the city code. bo The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat.- (2) Contour information for all the land that the construction will disturb. (3) Building pads that reduce the grading on sites where the developer can save large trees. (4) The proposed street and driveway grades aS allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. One slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood-fiber blanket, be seeded with a no- maintenance vegetation and be stabilized before the city approves the final plat. Planning Commission Minutes of 01-22-03 -11- (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements form the affected property owner(s). (9) As little grading as possible west and south of the town houses. This is to keep as many of the existing trees on the site as is reasonably possible. c. The street, driveway and utility plans shall show: (1) The driveway shall be a nine-ton design with a maximum grade of eight percent and the maximum grade within 75 feet of the intersection at two percent. (2) The street (driveway) with continuous concrete curb and gutter, except where the city engineer determines that curbing is not necessary for drainage purposes. (3) The removal of the unused driveways and the completion of the curb and gutter on the south side of Highwood Avenue and the restoration and sodding of the boulevards. (4) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire floTM requirements and hydrant locations shall be verified with the Maplewood Fire Department. (5) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (6) The plan and profiles of the proposed utilities. (7) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. The drainage plan shall ensure that there is no increase in the rate of storm water runoff leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2)Submit drainage design calculations. Planning Commission Minutes of 01-22-03 -12- e. *The tree plan shall: (1) Be approved, along with the landscaping, by the Community Design Review Board (CDRB) before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at lest two and one half (21~) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Black Hills Spruce, Austrian pine and other species. (4) Show no tree removal in the buffer zones, conservation easement, or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new news together. These planting areas shall be: (a) near the ponding areas (b) on the slopes (c) along the west side of the site to screen the proposed buildings from the homes to the west (7)Show the planting of at least 37 trees after the site grading is done. 3. Change the plat as follows: a. Redesign the plat to 15 units. ~ b. Add drainage and utility easements as required by the city engineer. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. e;. d. Label the common areas as an outlot or as outlots. ~. e. If allowed, show the conservation easement on the final plat. f. Showing the building pads and the common area as a Common Interest Community (CIC). 4. Pay for costs related to the engineering department's review of the construction plans. Secure and provide all required easements for the development including any off-site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond at the northwest corner of the plat. Planning Commission Minutes of 01-22-03 -13- The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. *Place temporary orange safety fencing and signs at the grading limits. Co Provide for the repair of Highwood Avenue (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the private driveway. 8. Record the following with the final plat: a. All homeowner's association documents. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites. ~ c. A covenant or deed restriction that prohibits any additional driveways (besides the one new driveway shown on the project plans) from going onto Highwood Avenue. d. The conservation easement for the undisturbed area of the site. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. The city will not issue a building permit until after the developer has recorded the final plat and these documents and covenants. *Submit the homeowners association bylaws and rules to the director of community development. These are to assure that there will be one responsible party for the maintenance of the common areas, outlots, private utilities, driveways, retaining walls and structures. 10. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 11. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. 12. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. *The develOper must complete these conditions before the city issues a grading permit or approves the final plat. Planning Commission Minutes of 01-22-03 Commissioner Pearson seconded. The motion passed. -14- Ayes-Desai, Dierich, Fischer, Pearson, Rossbach, Trippler Nay- Mueller This item goes to the city council Monday, February 10, 2003. Commissioner Trippler said he appreciates getting written comments from the public when surveys are sent out. He would appreciate having the comments in type written form because the survey that was given to the commission tonight was impossible to read. Mr. Roberts said he will try to keep the comments in type written format, however, this survey was received late. VI. NEW BUSINESS None. VII. UNFINISHED BUSINESS None. VIII. VISITOR PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a. Ms. Dierich was scheduled to be the planning commission representative at the January 13, 2003, city council meeting but there were no planning commission items to discuss. b. Mr. Rossbach will be the planning commission representative at the January 27, 2003, city council meeting. c. Ms. Fischer will be the planning commission representative at the February 10, 2003, city council meeting. The Highwood Farm town houses on Highwood Avenue will be discussed. STAFF PRESENTATIONS None. ADJOURNMENT The meeting was adjourned at 8:28 p.m. Xl.