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Planning Commission Minutes August 24, 1999 Page 10 . P 99-10 (PRESERVE ESTATES), WITH THE STIPULATION THAT THERE BE NO SUBSTANTIAL DEVIATION FROM THE ROADWAY AND LOT CONFIGURATIONS WHICH WERE PRESENTED TO THE PLANNING COMMISSION, WITH THE ALL OF THE PRECEDING CONDITIONS, AND THE FOLLOWING ADDITIONAL CONDITION: 23. THAT AN ADDITIONAL 10 FEET BE ADDED TO THE DRAINAGE AND UTILITY EASEMENT EAST OF TYLER STREET WHICH MAY BE USED FOR TRAIL PURPOSES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Mesich opposed. 6.7. Request by Windsor Develooment for Preliminary Plat AoorovallSeven Oaks), Public Hearing Case No. P 99-9 Staff report by Michele McPherson. Windsor Development has requested approval of a preliminary plat for a 69.40 acre, 86 lot. single-family development. Ms. McPherson reviewed issues addressed in the staff report to the Planning Commission dated August 24, 1999, regarding wetlands, access, grading and drainage, landscaping, homeowners' association, Outlot A, and park dedication requirements. She explained that the Park and Recreation Commission has recommended Lots 15 and 16, Block 2, be added to the land being dedicated as park for a total park dedication of 4.06 acres, or 5.8% of the land. Staff recommends approval of the preliminary plat with the addition of a condition 20 for the developer to acquire access to Lander Street. . Chair Cote asked why the Park and Recreation Commission recommended a 20 foot buffer from the trail to the rear property line of the adjacent lots. Ms. McPherson indicated that this recommendation is based on experience with trails behind lots in previous new development projects. Commissioner Kuester explained that she felt the additional lots were necessary to protect the neighborhood park amenities and to make the park accessible to all residents of the community. Chair Cote asked if the city engineer felt the east-west road through the plat would be used as a cut-through route by M-Vale residents to County Road NO.1. Terry Maurer stated that residents close to the existing outlot may use the road, but most would use either the north or south end of Lander Street to get to a county road. Chair Cote opened the public hearing. . Ron Bastyr, of Windsor Development, developer for the project, reviewed the project. He stated that he felt the trees near the proposed trail need to be removed now, because he has found that despite efforts to preserve them, they will eventually die. Mr. Bastyr explained his plans to landscape the entrance to the development along County Road No.1. He indicated that possibly two lots could have been gained by eliminating the amenities at the entrance, but he felt the aesthetic value was more important. He requested that the easement be platted for ownership and maintenance by the homeowners' association. Mr. Bastyr stated that the loss of Lots 15 and 16, Block 2, for park land would create a financial hardship to the viability of the project. and asked that the lots remain in