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I I I Council Meeting Minutes July 14, 1998 Page 3 Consent Agenda. continued 10. CONSIDERATION OF APPROVAL TO WAIVE THE READING AND ADOPT THE RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR A METROPOLITAN LIVING COMMUNITIES GRANT. 5 Ayes - 0 Nayes, Motion Carried Public Hearing - None Council Business City Planner Cary Teague presented the continuation of a Preliminary Plat for the property located on the north side of Stony Lake, east of Silver Lk. Rd. and west of 23rd Ave. The project would create nine single family lots which would access off 23rd Ave. On June 23, Council tabled the request to further address elimination of the lot width variance, tree identification plan, Lot 1 drainage issues, preliminary environmental review, and creation of a nature reserve site. He researched funding availability for a nature preserve, and found grant deadlines have passed including one which provides land acquisition for sites containing endangered species or plants. The applicant, Larry Beach, has withdrawn the lot width variance request by meeting all minimum lot width requirements. Beach is now requesting a 5 ft. front yard setback variance for Lots 7, 8, and 9 to.construct those homes 25 ft. from the ROW. Staff believes the garage portions of Lots 7 and 8 could be moved back to meet the 30 ft. setback. There may be justification for Lot 9 given the significant trees along the east which may warrant a lessor setback to pull away from the Stony Lake wetland. Beach submitted a tree identification plan showing which trees will be preserved. The City Forester found the plan acceptable, and was pleased to see the Oaks on Lot 6 preserved and recommended efforts to preserve the large Oak on Lot 7. A lO-inch pipe which would drain a portion of the wetland would remedy the Lot 1 drainage concern. Installation of a storm sewer overflow at the intersection of 23rd Ave. and 15th S1. would maintain Stony Lake's elevation and prevent flooding. Beach submitted an Environmental Assessm(!nt Worksheet (EA W) to assess environmental effects and determine if an Environmental Impact Statement (EIS) is necessary. An EIS evaluates projects which have potential for significant effect and considers alternatives and methods to reduce impacts. The Environmental Quality Board (EQB) received a petition requesting an EA W, and the EQB determined the City is the appropriate governmental unit to decide the need for an EA W. Teague confirmed the project falls within EA W exemption status because the development is less than 40 units and not lcicaled within a shoreland, delineated floodplain or scenic river district. Teague contacted the DNR whether a Blandings Turtle had been sighted on the property. The DNR report stated a Blandings Turtle was found in the area north of 1-694 to Rice Creek Rd. and Stinson Blvd. to Long Lk. Rd., but no specific location was noted. An expert determined the site was too small to maintain a Blandings Turtle population. The habitat does not provide enough open sunny sites with sandy soils for turtle nesting, and contained inadequate marsh area. Also, Silver Lk. Rd. resides too close to the site. Given that no endangered species were found, staff recommends no EA W is required. Consent Agenda Living Communities Grant Report 98-146 Resolution 98-069 Council Business Preliminary Plat for Stony Lake Addition - PL- 246 Report 98-148 Resolution 98-071 Resolution 98-072