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Planning Commission Minutes August 24. 1999 Page 11 . the plat. Mr. Bastyr felt that a retaining wall could be build along the back of these lots to create the separation for the city trail. Ron and Yvonne Halpaus, 19563 Lander Street, residents adjacent to the west side of the proposed Lot 1, Block 1, Seven Oaks, stated they were concerned that their trees will die because of grading in the development. Mr. and Mrs. Halpaus explained that they have 21 trees, approximately 30 feet tall, which will be affected by the grading. Mr. Halpaus explained that according to information from the county, no work should occur within the canopy area or drip line, in order to prevent root damage. Based on the size of the trees, a 30 foot setback will need to be maintained. Mr. Halpaus stated that the developer has indicated he will be grading up to the lot line and he was concerned that many of their trees will be disturbed. Terry Maurer, City Engineer, suggested that the developer contact his surveyor to inventory the trees and revise the grading plan to reflect protection of the Halpaus' trees. Mr. And Mrs. Halpaus requested that this be done prior to final plat and that the tree protection plan be specific and enforceable. There being no comments from the public, Chair Cote closed the public hearing. Chair Cote stated that he questioned the need for adding Lots 15 and 16 to the park land dedication. Michele McPherson, Director of Planning, explained the concept plan for Meadowvale Park which was approved by the Park and Recreation Commission and how this property ties into that plan. . Commissioner Kuester expressed her support for adding Lots 15 and 16 to the park land, and suggested that Mr. Bastyr regain two lots by eliminating the extended entrance to the development. Commissioner Chambers stated he felt the additional land was needed for good access to the park. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY WINDSOR DEVELOPMENT FOR PRELIMINARY PLAT (SEVEN OAKS), PUBLIC HEARING CASE NO. P 99-9, WITH THE FOLLOWING CONDITIONS: 1. THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. 2. THAT ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED AUGUST 19, 1999, BE INCORPORATED INTO THE PRELIMINARY PLAT AND MADE A CONDITION OF APPROVAL. 3. THAT THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO FILLING ANY WETLANDS. 4. THAT SNOW STORAGE EASEMENTS BE PROVIDED IN THE CUL-DE-SACS . 5. THAT A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED THAT MAINTAINS THE RETAINING WALLS AND LANDSCAPING ON PUBLIC PROPERTY