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6.1. SR 06-16-2003River Item # 6. I. MEMORANDUM TO: FROM: DATE: Mayor and City Council Chris Leeseberg, Planner June 16, 2003 SUBJECT: Case No. P 03-02 Request by James and Stephanie Zaczkowski for Preliminary Plat Approval (Kingdom Estates) Request James and Stephanie Zaczkowski are requesting Preliminary Plat Approval for Kingdom Estates, a 7 lot subdivision in the Al, Agricultural Conservation District. 60-Day Rule The 60 day time limit was to expire on April 24, 2003. The applicant was notified in writing that it has been extended to June 23, 2003. Location 10511 209th Ave North of County Road 33 at the Olson Street alignment Attachments Location Map · Memo from City Engineer · Memo from Sherburne County · Memo and Plan from Environmental Technician · Preliminary Plat · Preliminary Grading Plan · Preliminary Mitigation Plan · Preliminary Landscape Plan City Council / P 03-02 June 16, 2003 Page 2 Zoning/Land Use A1 (Agricultural Conservation)/A (Agricultural) Overview The subject property is approximately 77-acres with two existing homes. The property has numerous wetlands throughout. The plat will be considered under the 4 for 40 rule which allows four lots in 40-acres. Three of these lots can be less than the required 10-acre lot size. This proposal would be a 7 for 70. Trott Brook enters the property along the east portion of the site then travels up the eastern property line and then turns west along the northern property line. The remainder of the site consists of moderately hilly terrain with limited wooded areas. The plat will be accessed from County Road 33 with a street accessing approximately the middle of the site and then turning west to provide future access to property to the west. Analysis The preliminary plat is comprised of 7 lots. Two of these lots will contain existing dwellings. Olson Street, which will have access off of County Road 33, is approximately 1800-feet in length. A temporary cul-de-sac will be provided at the end of Olson Street. An east/west street will be constructed from this cul-de-sac to the west property line to provide future access to the neighboring property. The lots will range in size from 2 ~A acres to 47.9-acres. The proposed lots meet the required minimum 300-foot widths. The lots show a 50-foot front yard setback, which meets the A1 district requirements. Landscaping The landscape plan submitted by the developer complies with the ordinance. Park Dedication The Park and Recreation Commission reviewed this plat at its March 12, 2003 meeting and recommended that the dedication be in cash for five lots. Grading and Drainage The City Engineer has addressed grading in his memo. Utilities Each lot will have its own private well and septic system. S:kPLANNING\Case Files\2003\P 03-02 Kingdom Estates\P 03-02_CC.doc City Council / P 03-02 June 16, 2003 Page 3 Wetlands The Environmental Technician has addressed wetland impacts in her memo. Planning Commission Actions At the March 27, 2003 Planning Commission meeting one neighboring resident spoke of his concern of how a turn lane would affect his property and house. Chairman Pederson indicated that a resident contacted him in regards to the potential traffic issues that might be created. Dennis Toth also contacted staff in regards to drainage issues. He questioned the holding ponds along his property line and also discussed the amount of ditches that cross the subject property and indicated that he hoped they would remain and not be cut off, possibly flooding his property. The Planning Commission voted unanimously to recommend approval of the preliminary plat of Kingdom Estates. Recommendation Staff and the Planning Commission recommend that the City Council approve the preliminary plat of Kingdom Estates with the following conditions: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 6. PARK DEDICATION SHALL BE IN CASH FOR FIVE LOTS. 7. THE PLAT SHALL COMPLY WITH THE A1 SETBACK REQUIREMENTS. 8. ALL COMMENTS OF THE ENVIRONMENTAL TECHNICIAN SHALL BE ADDRESSED. S:~PLANNING\Case Filesk2003\P 03-02 Kingdom Estates\P 03-02_CC.doc Location Map Case Numben P03-02 KINGDOM ESTATES Howard R, Green Qompany May 21, 2003 File: 820450J-0240 Mr. Chris Leeseberg City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: KINGDOM ESTATES ADDITION Dear Mr. Leeseberg: As requested, we have reviewed the preliminary plat and other submittals regarding the Kingdom Estates Addition in northern Elk River. As you are aware, this is in the rural section of Elk River, adjacent to and north of County Road 33. Based on our review and comments received at the staff review meeting, we would offer the following comments: In our letter dated March 19, 2003, we recommended that the plat not move forward for two reasons: it had neither gone to the Technical Evaluation Panel (TEP) nor had drainage calculations been submitted or reviewed. The project has now been presented to the TEP and approved. The comments of the TEP are summarized in a May 14, 2003 memo from Rebecca Haug, Environmental Technician. The drainage calculations have been submitted, reviewed and revised. There are still a couple of minor issues that need more definition. These include the following items: · There is a detail of the 4' weir detail shown on the plan sheet, but there is no detail showing the pond outlets that are using 15" CSP as an outlet culvert. Will these outlets have an emergency overflow, and will it be propedy protected against erosion? · The weir detail should be revised to show the riprap placed across the top of the entire weir. · A drainage swale should be shown in the proposed contours from Apron 106 down to the detention pond for Post 41. · Storm sewer manholes should have a 0.10' drop from inlet pipe invert to outlet pipe invert. · It appears the drainage areas shown on the catch basin calculations do not correspond to the amount of area draining to each of the intakes. (Example: Post 53 is 0.89 acres, all of which drains to the street. CB 101 and CB 102 collect this runoff. Their drainage areas are shown as 0.3 acres each, or a total of 0.6 acres.) The other intakes have similar situations as well. The preliminary plat consists of seven lots, six of which are relatively similar in size and one of which that consists of the northern approximately 48 acres of the site. Lot 6 and 7 each contain, existing homes, with Lot 7 having auxiliary buildings also. There is a small 0.2-acre parcel cut out near the intersection with County Road 33. This piece of property is unlabeled. We anticipate that this is an outlot to be connected to the Ltr--052103-Leeseberg 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 Mr. Leeseberg May 21, 2003 Page Two property to the east for purposes of rerouting their driveway to Olson Street. If this is the case, this parcel should be labeled as an outlot and it should be made a condition of the plat that the parcel be connected with the property to the east. OIson Street just terminates at 214th Street. 214th Street is labeled as proposed to the westerly property line. This should all be shown as proposed right-of-way. It is the City's policy that the developer of property constructs the road to the plat boundaries so that it can be picked up from that location in the future when the adjacent land develops. Therefore, Olson Street and 214th Street will need to be constructed to the west plat boundary. A temporary turnaround needs to be provided for City street maintenance equipment and emergency vehicles. Currently, the thought is that the temporary turnaround should be placed at the north end of Olson Street. This assumes that the driveway for Lot 4, Block 1, will come out to OIson Street and not 214th Street on the north side. Sherburne County has reviewed this plat and commented in a letter dated March 4, 2003. Their letter requires the typical right turn lane and bypass lane. They are also requiring that the existing driveways be relocated to OIson Street. Olson Street comes out to the intersection of County Road 33 at a relatively sharp curve. We are recommending that a raised concrete median be used at the entrance to Olson Street to ensure that vehicles stay on the appropriate side of the road. The concrete median should be a minimum of six feet in width, but could be larger to facilitate plantings and/or a development monument. If you have any questions regarding any of these comments, please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. TJM:sw Ltr-052103-Leeseberg Howard R, Green Company June 9,2003 City of Elk River Attn: Michele McPherson 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 JUN I 1 2003 Sherburne County PUBLIC WORKS DEPARTMENT Rhonda F. Lewis, P.E. 425 Jackson Avenue Elk River, MN 55330 (763) 241-7030 · 800-594-5208 RE: Kingdom Estates Revised Dear Ms. McPherson; We have reviewed the new proposal for Kingdom Estates and offer the following comments regarding the relocation of Olson Street to the east. By moving the access from the P.I of the curve (in the original drawing) it removes the site lines from the tangent, this reduces the site line distance in each direction. We find that this location reduces the sight distance to the top of the hill by 224 feet. While this location increased the distance to the Snetsinger driveway it reduces the safety of the access and still does not meet our required spacing of 660 feet. County Highway 33 has been identified in the Sherburne County Transportation Plan as a major urban collector. With the construction of the interchange (6.1 million) at CH 33 and T.H. 169 the protection of this corridor is essential to meet the transportation needs of the community. It is imperative that we balance the safety and mobility of the community with the rights of the landowner to develop his or her property. While staff is not in complete agreement; Sherburne County will allow access for Olson Street to County Highway 33 as proposed with the following conditions: 1. Pay the required permit and signage fees $750. Sherburne County will install all road signs. 2. We require 50' of right of way along CH 33 be dedicated in fee title to Sherburne County. 3. We will require an easement for the access to the property to the south (Snetsinger) of the proposed plat be preserved for that residence to access Olson Street within the plat. 4. The driveway east (Crawford) must be relocated to the proposed Olson Street to meet spacing requirements. The existing access must be removed by excavation not merely abandoned. 5. If a culvert is proposed within our right of way for Olson Street It must have 1:6 safety aprons and grates with slopes constructed to match. 6. When any additional lots are created a bypass and right turn lane will be required. If you have questions or concerns call me at 763-241-7030. s,P~ Assistant County Engineer Cc: Dave Schwarting, Public Works Director Jim Brown, Dynamics Design Pdver 13065 Orono Parkway Elk River, MN 55330 TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Rebecca Haug, Environmental Technician May 14, 2003 Wetland Conservation Act Decisions - Kingdom Estates WCA 03-02 Proposal - The developer of Kingdom Estates is proposing to fill 24, 872 square feet of Type 2 wetland in a single location to accommodate the road for the plat. It is the only way to access the plat. The Technical Evaluation Panel (TEP) for the City of Elk River reviewed the proposal and found both the filling and replacement plan acceptable with conditions. The replacement plan consists of 24,879 square feet of New Wetland Credit and 24,933 square feet of Public Value Credits (Upland buffer). The new wetland will be created adjacent to the existing wetlands on the site. A map showing the filling and replacement is attached to this memo. FINDINGS Miller Environmental Incorporated prepared a Wetland Delineation Report for the property dated, April 16, 2003. The Technical Evaluation Panel reviewed the delineation and the replacement plan on May 8, 2003. Combined notification of the proposed filling and replacement plan was mailed out to the appropriate governmental agencies on April 22, 2003. The comment period ended May 13, 2003 and no negative comments were received. The Technical Evaluation Panel found the proposed wetland filling and wetland mitigation plan application dated, April 21, 2003, acceptable under the rules of the Wetland Conservation Act with the stipulations listed below. RECOMMENDATIONS Staff recommends approval of the f'filing and mitigation plan for this project with the following stipulations: A restrictive covenant and drainage and utility easement be recorded over the mitigation and buffer areas. Phone: 763.441.7420 Fax: 763.441.7425 www. ci.elk-river, mn.us o The Developer's Agreement for the project includes language that places the responsibility for the success of the wetland mitigation on the developer. The letter of credit, which covers the public improvements associated with the project, also includes the cost of the mitigation work. The developer submit a written monitoring report on the replacement wetlands one year after this mitigation work is completed and that this report be approved by city staff prior to the release of the letter of credit. e Upland buffer area - 16,633 sq. ft be enlarged to the west since the buffer area along Olson St will be impacted by snow plowing and road salt. The area is highlighted. aw Upland area between the two upland buffer areas - 2600 sq ft and 5700 sq ft is used as to create new wetland. The area is highlighted. ).8 UPLAND BUFFER AREA 16,633 SQ. FT. WETLAND CREATION ARE, 21,127 SQ. FT. NEW WETLAND EDGE ORIGINAL GROUNDPROFILE-~ / I .... I.~ FINISHED PROFILE DATUM ELEV 925. O0 'q o .o c;o o . / 0+0 1+00 2mOO FILL AREA 12,151 SO. FT. IF 938.9 UPLAND BUFFER AREA 2600 S'J. FT. WETLAND CREATION AREA 5752 SO. FT, NEW WETLAND EDGE FINISHED PROFILE- WETLANDS ~J 3--00 SECTION A-A SCAI. E HORZ: I"= 50' VERT: UPLAND BUFFER AREA 5700 SO. FT. WETLAND FILL AREA 12,741 SQ. FT, I SCALE IN FEET 941.3 X 942.7 DATE RECEIVED 0 \ \ \ / / .~.1I I / / / / / I i II / ~.. ,/ I I I DATE RECEIVED 771 - d I Notes SILT FENCE ROADWAY SECTION I. C, imits ........................................................... sno.n ........ C ....... 9 ..... S ......... i .!. dolyi. WEIR O~TAIL Conservation District (SWCO) once so,e ~oc~tities ore ~ns[olle~ on~ ~.~ore ony ~ ' ' ' ~ ~[VARES)~/' [ 'F ?, ,' ~ / ~ ~ ~ ~ ~ ' ~ ~ / ..... ':', ~ ~ ~ ":~J~, ~ ;~ ....... ~ ~ I ~, · ~ ~ " ~' .(x~' ~ ~ '", ~'~,~ . '~ ..... " - ~ ~?. ~ I , t ~ ', ~ x .', .' ~'. ', ~ ~ ~ ; ~ ~.~ }~t x ~ OQ-YEAR ELEV=g4LI . ~ ~:t ; ~ '~" ~' ~- x',''~~ ~ .~"~. ~/// ?J [~)~ ~ ~ ~ N~O4nn ~ ) ~ ~ i ~ ~ ', ' ~.~S~,'.'.'~",'.,'~'~'~ ~ ~ ~ ~ ~/ / ~]~ ' ~ ~ ~ ~ , ' ' /- ', :- .... x', '.",'q"~'.' ~'~, / ' ' ~ ~ ~,-'- · ) , .... ,. , . .,.,. .... ,,,. ,, , , ,; , .... .... ~-- .--_. ........ ~..:..~. . ...... ._-- __ x , ~ ~9~ il' : , , ~ ~ ~ ... ~ .~.-.-.. - ~-~ .- , ~., . xx -. ... ~.~.~ ...~.=D~-SAC ,iii ~ : .' ~-- /' · - '-."-. "~__ ~-~<~~, , /', / ".' ~ ~/:l' ~.' -. .' ~ ~ · '-_ T.-- "' - ~~ ........ .~,~x~,.~,~,:.-~ ', ;; ','( .'~:/;:~ //: ~ ;' ~ N ~ ~ : . ~' : ~-', ]'1 / ~ ..... - ' , , ~ ... , ~ . __ .--_ _ .~ ~ : ,',~.~ ~ I00 YEAR ELEV=g42.~ FiLL AREA 12,[31 SQ. FT. ORIGINAL GROUNO 1~941.0 UPLAND DUFFER AREA 16,6~..3 BQ FT. WETLAND CREATION AREA 2U27 SO. FT 94-2.8 UPLAND BUFFER AREA 2600 50. FT. WETLAND CREATION AREA 3752 SQ. FT. NEW NEW WETLAND WETLAND EDGE EDGE PROFiLEi I I FINISHED PROFILE- ~ [ r EXISJTNG I I WETLANOS o 0+00 I~00 2700 .3+00 SECTION A-A SCALE HORZ: I"= 50' VERT: 1"=5' UPLAND BUFFER AREA 4489 SO FT, WETLAND FILL AREA 10,60l SQ. FT. 941.3 X 942.7 NOTE: WETLAND DELINEATION ~Y PETER MILLER OF MILLER ENVIRONMENTAL INC. DATE RECEIVED I ~-~ ~ · ~ ~'i ~ "~ ,', % - ;ill ': '~ ~, ~.., ", LEGEN0 TELEPHONE PEDESTAL EXISTING SWAMP (MARKHURD) EXISTING WATER/DITCH (MARXHURD) PROPOSE0 SILT FENCE PROPOSED BALE CHECK PROPOSED CONTOURS PROPOSED STORM SEWER PROPOSED CATCH ~ASIN NOTE: WETLAND DELgNEATION BY PETER MILLER OF MILLER ENVIRONMENTAL INC. zd =