Planning commission recommends council approve rezoning and comp-plan change for 8675 County Road 43; neighbor urges denial

The planning commission voted to recommend that the city council approve a rezoning to R1 and a comprehensive plan amendment for 8675 County Road 43, a roughly 23-acre property with significant wetlands and tree cover, after a staff presentation and public comment.

City Planner Brian McCann said the applicant submitted three requests: a minor subdivision (administrative), rezoning from agricultural to R1 (single-family low density) and a comprehensive plan amendment required to extend sewer service to the portion of the site that could be developed. "They are coming forward with three requests this evening," McCann said, explaining the plan would create two new buildable lots in addition to the existing home and dedicate a large wetland parcel to the city as a non-developable outlot.

Why it matters: the commission's recommendation moves the matter to the city council; the comprehensive plan amendment also requires Metropolitan Council approval before the city could authorize sewer extension and final subdivision sign-off.

Staff outlined conditions and technical issues the applicant must address before final administrative approval. McCann told commissioners that parcels three and four would connect to city sewer and water, while a northern lot near County Road 43 would rely on septic and a private well because of steep elevation. The fire department asked for an additional emergency access because Ridge Ponds Drive functions as a long cul-de-sac; staff described a gated emergency access (hammerhead or gated stub), a wider turnaround and a reoriented connection angle so apparatus can turn safely.

The application also triggers parkland dedication. "Weve determined that they would have to provide less than a fifth of an acre or about $19,600 in cash towards parkland dedication," McCann said. Wetlands, McCann added, cannot be counted as parkland under city code.

The project is subject to external reviews: staff said the Minnehaha Creek Watershed District (MCWD) must sign off on any wetland impacts and that Carver County transportation comments were pending. McCann reminded the commission that Metropolitan Council approval for the comp plan amendment would follow any council approval and added that the administrative minor-subdivision sign-off would come after those reviews and resolution of staff conditions.

Public comment and concerns: adjacent resident David Stark, who identified himself as living at 8820 Ridge Pond Drive, urged the commission to deny the rezoning and comp plan amendment. "The developer is adding a five home cluster onto a tiny footprint," Stark said, arguing that the developable area is about 3.75 acres and that the project amounts to a high-density cluster behind wetlands. He alleged preemptive clearing over the past several years and asked the commission to delay action until an independent audit using 2023 satellite imagery, verification of any open-burning permits and a National Heritage Information System review for rare species could be completed. The commission did not grant a delay; commissioners asked staff to ensure outstanding technical reviews were completed before final approvals.

Applicant Neil Clinkitz, who said he owns the property, told the commission he was pursuing a smaller subdivision so two of his children could build nearby and "we were trying to preserve trees" instead of pursuing a denser, higher-yield subdivision.

Commission discussion and outcome: commissioners asked questions about parcel locations, whether utilities could be routed from other nearby streets, and the limits on using wetlands for parkland credit. A staff respondent noted that denying the applicant now would not prevent a future buyer from seeking denser development; staff said prior renderings suggested a potential seven- or eight-lot scenario. After discussion, a commissioner moved to recommend that the city council approve the request "as outlined by staff, with the conditions as well." The motion was seconded and carried with no opposition. The recommendation will be considered by the city council on Monday, Feb. 9 at 6:30 p.m.; if council approves, the Metropolitan Council and MCWD reviews remain required before final administrative sign-off.

What remains to be resolved: staff listed several items the applicant must address, including verification that septic/well will function on the northern parcel, finalized fire-department access details (hammerhead width, connection angle, gated emergency access), Carver County and MCWD reviews, required easements (10-foot front/rear drainage and utility easements; six-foot side-yard easements), a development agreement and any required letters of credit and development fees.

The planning commission's recommendation does not itself change zoning or authorize subdivision; it forwards a recommendation to city council and flags technical conditions that must be satisfied in subsequent reviews.