By Nancy Huddleston, Editor

Although the majority of the people who came to a public hearing last week about Dan Patch Trail debated with each other about environmental impacts, transportation and the site layout concerns were the chief reasons the Savage Planning Commission voted against the preliminary development plan.

The 4-3 split vote was on the first phase of the residential project, which calls for building 111 homes on 45 acres in downtown. Plans for the project will now move forward for a vote from the Savage City Council on Sept. 8.

The entire Dan Patch Trail project spans 108 acres near the Savage-Burnsville border north of McColl Drive and east of Lynn Avenue. Two phases of the project are in Savage and one is in Burnsville.

The first phase of the project has been under consideration by the city for over a year. Past approvals on Dan Patch Trail were rescinded in February after a neighborhood group filed a lawsuit against the city, the developer and the landowner, contending that state law had not been followed and an Environmental Assessment Worksheet (EAW) needed to be done. That lawsuit was dismissed in early August.

The first time the Planning Commission reviewed the project was in July 2007 and it turned down the project by a 6-1 vote for a variety of reasons. At the Aug. 21 Planning Commission meeting, many of those same reasons were brought up again.

Commissioner Jason Wedel questioned what the city is getting in return for the project, saying the developers haven’t given enough. Developers of Dan Patch Trail have submitted a Preliminary Development Plan (PUD), which allows the city to give waivers from some standards, but only if something is given in return.

“We’re conceding on lot sizes, setbacks and a reduced right-of-way,” Wedel said. “And I’m still struggling with why we’re conceding and what we’re getting in return.

“The only thing I see is the right-of-way for Glenhurst/Chowen – but the city is still negotiating for that so I don’t know what we’re approving,” he continued.

What’s more, Wedel said he continues to struggle with how the project is meeting the Hamilton District Overlay standards in terms of home designs.

Commissioner Chris Picard had issues with the site layout, noting that city standards for downtown call for following the grid system for streets. The layout for Dan Patch Trail does not follow a grid system, he said, because developers contend it is too hard to do because of the wetlands and the city’s desire to set aside right-of-way for Glenhurst/Chowen. However, he debunked that noting, showing a site plan he’d done of the area using the grid system and adjusting the layout of the collector street.

The current layout, he added, severs it from the rest of downtown. And the location of the road exacerbates that problem, so much so that “all of the residents here are not going to feel part of downtown – in fact they’ll probably going to feel closer to Burnsville because of this collector road,” Picard said.

Commissioner Sharon Allen, Chairman Tom Gavinski and Commissioner Timothy Bragg voted for the project, but none of them listed specific reasons.

Environmental concerns

When public comment was solicited on Dan Patch Trail, no one questioned the proposed collector road layout, home designs, lot sizes or building setbacks. There were concerns about safety and traffic, but most of the comments centered on the archeological and biological surveys that were done on the site.

Although the EAW did not list any substantial environmental concerns as a result of the Dan Patch Trail project, when the Savage City Council issued a negative declaration on the environmental study, it required the two additional studies.

****** Callanan of the Woods & Wetlands Alliance passed out packets to commissioners and went through 12 points of concern. Among the most important, Callanan said, is the fact that the studies did not take into account possible Indian burial mounds in the area.

Beth Proctor of Woods & Wetlands said she walked the land with three Native American representatives, two of which were from the Shakopee Mdewakanton Sioux Community, and they identified possible Indian burial mounds. Representatives of Woods & Wetlands charted the possible mound locations and gave GPS coordinates to the city, yet those are not mentioned in the archeological study.

Planning Manager Bryan Tucker said he’s contacted members of the Mdewakanton Community on several occasions to solicit their concerns about possible burial mounds, but has not heard anything back.

Commissioner Allen asked about the disparity – that Proctor said Native American representatives are concerned; yet, when the city has inquired specifically with them, they get no response back.

Wayne Jacobsen, who was hired to do the survey for landowner Karl Bohn, said he was dismayed by some of the comments Woods & Wetlands had made about the surveys. He also said the EAW was done properly, as were the follow-up studies. And the wetland delineations were completed and approved by state organizations.

Callanan also listed concerns about the biological survey, saying the state Department of Natural Resources (DNR) listed 20 species of concern, yet only the valerian plant and Blanding’s turtle were mention in the report.

The botanist who did the report said the DNR lists standard species of concern, but that doesn’t mean they actually exist on the site. He said he did a survey of the site for several days and did not find any “valerian or floral diversity.”

During the Planning Commission discussion of the project, Commissioner Allen said she understood the environmental concerns, but asked Callanan what Woods & Wetlands would like the developer do with the land.

“Nothing – leave it just the way it is,” Callanan answered, noting the landowner could put a conservation easement on the land benefit monetarily and otherwise. “I see it as Bohn Memorial Park if a conservation easement were put on it,” he said.

If that’s not possible, Woods & Wetlands would like to make sure whatever is done there is “done the way it should be done,” Callanan stated. “In other words, meet all the requirements – don’t skirt them. Meet them head on and take care of it. We haven’t seen that.”

 Nancy Huddleston can be reached at editor@savagepacer.com [2].