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Memo to the Planning Commission/P 96-10 Page 4 August 27, 1996 • Legal Description and Property Mr. Lockwood is an adjacent property owner who owns approximately 5 acres immediately northwest of the subject property. Mr. Lockwood has also stopped by the City offices to express his concern of the inaccuracy in the plat as it relates to the small notched-out area in Lot 3. Mr. Lockwood contends that area as its has been described and recorded with Sherburne County lies immediately south of his five acres, which would place it roughly in the middle of Lot 5. Attached is a recorded deed that Mr. Lockwood has provided to the staff which indicates a recorded document along with a legal description of both the five acre tract and the .3 acre parcel that is currently shown in Lot 3. Staff believes it is reasonable to ask that this property ownership question be resolved prior to any action being taken on the plat since it may have impact on the plat. Park and Recreation Commission Recommendation The Park and Recreation Comprehensive Plan (draft) identifies this area as needing a neighborhood park. Therefore, the Park and Recreation Commission has recommended that Lot 5, which is currently shown as 1.65 acres (additional right of way will need to be taken out of this lot) which would almost satisfy the 10 percent land area, given the 17 acre parcel. The • Park and Recreation Commission also recommends a 30 foot corridor be provided between the recommended park land and the cul-de-sac extending to Island View Drive. The Park Commission stated that the trail corridor would provide the residents living on Island View Drive, the proposed plat and Belgin Acres an opportunity to access the neighborhood park. Recommendation Its is recommended the Planning Commission table the preliminary plat until the September Planning Commission meeting in order to allow staff the opportunity to review the grading plan which will illustrate the proposed septic locations along with house pad locations. Also, the additional time would allow the property owners an opportunity to resolve any of the legal description issues that appear to apply to the property. Furthermore, if the Commission concurs with having Island View Drive extended to connect with 191st Avenue, the additional month would allow the developer an opportunity to reconsider the plat and provide the appropriate right of way for the Planning Commission's consideration. If, however, the Planning Commission would like to take action on the preliminary plat, staff would offer the following conditions: • s:\planning\pc\p96-10.doc