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7.7. & 7.8. SR 07-21-2003Kiver Item# 7.7. & 7..8. MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council Scott Harlicker, Senior Planner~'~' July 21, 2003 Case No.'s ZC 03-03, P 03-04, Request by S & Z Investments, Inc. for Rezoning and Preliminary Plat Approval - West Oaks Request Consider a request by S & Z Investments for the following: · Rezoning from Rlc (Single Family Residential) to R3 (Townhouse District) · Preliminary plat of West Oaks 120-Day Rule To comply with the 120-day rule, without an extension, this item needs action by August 26, 2003. Location The property is located south of Highway 10, west of Waco Street and north of Pinewood Golf Course. Zoning/Land Use Rlc (Single Family Residential) / MR (Medium Density Residential) Attachments · Location map · Preliminary plat Memo to Mayor and City Council/ZC 03-03, P 03-04 July 21, 2003 Page 2 · Development plans Building Elevations · Memo from the City Engineer · Memo from Rebecca Haug, Environmental Technician · Memo from Chief of Police · Memo from Fire Chief · Letters from Big Lake Township · Letter to Big Lake Township from Rebecca Haug, Environmental Technician · Letter from Kelly and Beverly Barry · Letter from William Broder, Soil and Water Conservation District · Information on the depth of adjacent wells · Ordinance No. 03- S & Z Investments is proposing to develop 38.18 acres into a 137 unit townhouse and single family residential development with one 3.68 acre outlot. There are 15 single family lots and 122 townhouse lots proposed. The property is bounded by Pinewood Golf Course on the south, Big Lake Township to the west, undeveloped property to the north and Waco Street on the east. The site is a mix of open fields adjacent to the golf course on the south 1/5 of the site. The remaining area is a mix of wetlands and woodlands. Approximately 5 acres is wetland, about 3 acres is open area and the remaining 30 acres is woodlands. There are no existing structures on the property. The properties to the west in Big Lake Township are rural single family lots with wells and septic systems. The 10 acres to the north is currently vacant; however; the owner of the property has presented concept plans to staff for a townhouse development. There are 2 single family lots and a fairway for Pinewood Golf Course to the south. There are also a 2 single family lots abutting the project on the east. One is a ~ acre lot, the other is a 4.5 acre lot. The site is within the Urban Service District and will be connected to municipal water and sewer. Analysis Rezoning Request The applicant is requesting a rezoning from Rlc (Single Family Residential) to R3 (Townhome District). The underlying land use designation of this property is Medium Density Residential, which allows for up to 7.92 units per acre. The net density (the total area less public street fight-of-ways, wetlands, water bodies and slopes steeper than 3:1) is 6 units per acre, which would be consistent with the underlying land use designation of Medium Density Residential. S:XPLANNING\Case Files\2003\P 03-04 West Oaks\CCmemo7-21.doc Memo to Mayor and City Council/ZC 03-03, P 03-04 July 21, 2003 Page 3 The proposed rezoning would allow for a mix of housing types, single family detached, rowhouse style townhomes and twinhome style townhomes. The housing needs have changed since this property-was zoned Rlc. This rezoning will allow a mix of housing styles that will help in meeting the changing housing needs of Elk River. The proposed rezoning to R3 would also function as a buffer between the existing single family residential developments to the west and south and the commercial and business park development along Waco Street and Highway 169. Preliminary Plat Density There are 137 lots proposed in this development. The density in the R3 zoning district is based on net developable acres (the total area less public street right-of-ways, wetlands, waterbodies and slopes steeper than 3:1). The density of this project is 6 units per acre. The maximum density allowed in the R3 Zoning District is 8 units per acre. Layout Streets The projeCtr?ll have a mix of private drives and public streets. The main streets through the project, 183 a Avenue, Yankton Street and Xerxes Street will be public. The dead end drives will be private. The private drives are proposed to be 20 feet wide; on street parking will not be allowed on the private drives. The drives will be owned and maintained by the homeowners association. The private drive located in the southeast corner of the project has more units on it than what the ordinance allows. The R3 District allows up to 12 units on a private dead end street; the plat has 18 units on this street. The original plat had this street as a public cul de sac, which would allow for the 18 units. The street was changed to a private street so that additional trees could be preserved and a wider buffer provided around the wetland. Staff is recommending that the Commission approve the additional 6 units on this private drive. The main access into the project is from Waco Street. The southerly east-west street, 183rd Avenue will be extended through the plat to connect Waco street with 183rd Avenue in Big Lake Township. Yankton Street will be constructed to the north boundary of the plat to allow for future extension to the property to the north. The private drives will provide access to most of the townhouse units. Lots Single Family The 15 single family lots are located along the south side of 183rd Avenue and abut the Pinewoods Golf Course. The lots comply with the minimum lot size requirements of the R3 S:\PLANNING\Case Files\2003\P 03-04 West Oaks\CCmerno7-21.doc Memo to Mayor and City Council/ZC 03-03, P 03-04 July 21, 2003 Page 4 Zoning District. Thirteen of the fifteen lots are 12,000 sf. in size; the remaining two are 18,000 sr. and 15,000 sf. Townhomes The majority of the lots in this project are townhouse. The applicant is proposing 122 townhouse lots. Most of these lots will be located with access from private drives. All of the lots will have shared driveways. The lots comply with the dimensional requirements of the R3 Zoning District. Townhouses are a permitted use in the R3 district subject to compliance with the R3 design standards. The final designs will be reviewed by staff for to ensure that they comply with the R3 design standards. Parking Adequate off street parking will be provided on each lot to meet the parking requirements. The parking requirements for townhouses are 1 space for each bedroom for residents and space per unit for guests. With 2 car garages and room for two vehicles in the driveway, the minimum parking requirements are met. Natural Features Wetlands There are about 5 acres of wetland on the site. They are linear and run diagonally across the northwest comer and across the central portion of the site. Some filling of the wetlands will be required for road construction. The applicant has met with the Technical Panel on wetland mitigation. A memo regarding their recommendation is attached. The wetlands will provide a nice amenity for the project and will provide open space behind and between many of the townhouse units. Tree Preservation Most of the site is wooded. Since most of the site will be graded, most of the trees will be removed. Trees will be preserved around the wetlands and in the wetland buffer areas as well as around the perimeter of the property. Some trees will also be preserved in the center of the loop. Park and Recreation The applicant is meeting the park dedication requirements with a mix of cash and land dedication. A 2.27-acre park is proposed in the southwesterly comer of the plat, providing a buffer between the large lot single family development in Big Lake Township and the proposed West Oaks Development. Of the 2.27 acres, .36 acres is S:\PLANNING\Case Filesk2003\P 03-04 West OakskCCmemo7-21.doc Memo to Mayor and City CounciL/ZC 03-03, P 03-04 July 21, 2003 Page § identified at wetland. As it is the City's policy to provide no credit for areas within wetlands or easements, the total area eligible for dedication is 1.91 acres. Typically, the City requires 10 percent land dedication, 100% cash dedication, or a combination thereof. Ten percent of the area proposed to be developed is 3.45 acres (34.47 acres x 10%). The remainder of the park dedication requirements will be cash. Grading, Drainage and Utilities Grading, drainage and utility issues are addressed in the City Engineer's memo. Landscaping The number of trees on the proposed landscape plan complies with the landscape ordinance. However, there are trees proposed on the single family lots that are close to the house pads or in the rear of the lots. These trees should be located in the front yards away from the proposed house pads. Planning Commission Meeting At the May 27th Planning Commission meeting public comments centered on traffic concerns and connecting 183rd Avenue to 183rd Avenue in Big Lake Township. Other issues mentioned were compatibility with existing single family homes and impact on the wetlands. The Commission tabled the request for the zone change and preliminary plat to June 24th in order to tghet comments from Big Lake Township regarding connecting 183rd Avenue. On June 11 , the Township Board met and discussed this issue. The Board requested that 183rd Avenue be connected through to Big Lake Township. At the June 24th Planning Commission meeting five property owners spoke at the public hearing. Comments included concerns about the following: the project draining the wetlands · the project making the wetlands larger · possible impacts on adjacent wells · increased traffic · the compatibility of single family residences and townhouses. The Planning Commission voted 6:1 to approve the rezoning and preliminary plat. The commissioner who voted against the motion to approve did so because he lek that there were environmental issues and that the project was too dense. All of the commissioners lek that 183rd Avenue should be extended through the project and connect to 183rd Avenue in Big Lake Township. Recommendation The Planning Commission and staff recommend that the City Council approve Ordinance No. 03-__ rezoning certain properties from Rlc to R3 based on the following findings: S:~PLANNING\Case Files\2003\P 03-04 West Oaks\CCmemo7-21.doc Memo to Mayor and City Council/ZC 03-03, P 03-04 j~y 2~, 2003 Page 6 The request is consistent with the land use plan · The request will not adversely affect adjacent properties or land uses. · The request provides an opportunity for several different housing types and will help meet the changing housing needs in the city. The Planning Commission and staff recommend that the City Council approve the preliminary plat with the following conditions: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 3. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. PARK AND RECREATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 6. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 7. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 8. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 9. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 10. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 11. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 12. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. S:\PLANNING\Case Files\2003\P 03-04 West OakskCCmemo7-21.doc Memo to Mayor and City Council/ZC 03-03, P 03-04 July 21, 2003 Page ? 15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. ALL MAILBOXES BE CLUSTERED. 17. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 18. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 19. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 20. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. 21. TOWNHOUSE ELEVATIONS SHALL COMPLY WITH THE DESIGN STANDARDS OF THE R3 ZONING DISTRICT. S:\PLANNING\Case Files\2003\P 03-04 West Oaks\CCmemo7-2 l.doc I0-125-1402 10-125-4201 192ND CITY LIMIT 10-136-1200 _ 3~-2400 84H 36-3200 10-136-3101 1B~D 182ND 179TH CENTER DRIVE CCCIRT ~CITY LIMIT SITE River Case Number: Location Map P 03-04 WEST OAKS N Howarc R, Green Company June 18, 2003 File: 812970J01-0240 Mr. Scott Harlicker Senior Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: WEST OAKS ADDITION REVISED SUBMITTAL Dear Mr. Harlicker: We have received a revised submittal from Bogart, Pederson & Associates, Inc., the engineers representing West Oaks Addition. Along with the submittal was a letter dated June 9, 2003, which went through item-by-item responses to my last comment letter. Having reviewed the responses from Bogart, Pederson & Associates, Inc., we believe that they have adequately addressed all of the technical concerns relative to the engineering portion of this project. We are also in receipt of a letter from the Town of Big Lake dated June 16, 2003, which states that at their regular monthly meeting of June 11, 2003, the Town Board of Big Lake discussed the issue of whether or not to connect 183rd Avenue in West Oaks to the same street in the Royal Oaks Estates development to the west. The letter states that at the end of the discussion, a motion was made and approved by the Town Board to indicate that it is in the best interest of the residents and the Township to connect 183rd Avenue between Royal Oaks Estates and West Oaks. This motion is in total agreement with our previous recommendation as City staff for the City of Elk River. If you have any questions regarding any of these comments, please call. Sincerely, Howard R. Green Company Ter~~J. M~~ TJM:sw Ltr-0618503-Harlicker 1326 Energy Park Drive · St. Paul, MN 55108 · 6511644-4389 fax 65t/644-9446 toll free 888/368-4389 TO: FROM: DATE: ~ SUBJECT: MEMORANDUM Mayor and City Council Rebecca Haug, Environmental Technician May 20, 2003 Wetland Conservation Act Decisions - West Oaks WCA 03-03 Proposal - The developer of West Oaks is proposing to fill 9,049 square feet of a Type 6 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 rev/ewed the proposal and found both the filling and replacement plan acceptable. The replacement plan consists of 9,062 squkre feet of New Wetland Credit and 9,600 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 Eagle Soil Services prepared a Wetland Delineation Report for the property dated, April 27, 2000. The Technical Evaluation Panel reviewed the delineation and the replacement plan on 9 ~ May 8, _00_~. Combined notification of the propos.ed filling and replacement plan was mailed out to the appropriate governmental agencies on April 29, 2003. The comment period ended May 19, _00_~ and no negative comments were received. The Technical Evaluation Panel found the proposed wetland filling and wetland mitigation plan application dated, April 28, 2003, acceptable under the rules of the Wetland Conservation Act with the stipulations listed below. RECOMMENDATIONS Staff recommends approval of the filling 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. The Developer's Agreement for the project includes language that places the responsibility for the success of the wetland mitigation on the developer. o 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. Police Department MEMORANDUM TO: FROM: DATE: SUBJECT: Scott Harticker, Senior Planner Jeffrey A. Beahen, Chief of Polic~/ May 28, 2003 West Oaks Development I have reviewed the proposed plat for the West Oaks Development and I do have one concern with the proposed plan. The police department would prefer to see t 83~d as a through street versus a proposed cul-de-sac. This is for public safety reasons, as we believe that a through street offers far greater accessibility for emergency response vehicles. _Although cul-de-sacs may offer a traffic calming effect, the t~affic patterns m this section of Elk River are very low and the positive potential calming effects do not outveeigh our desire for unimpeded emergency access. City ~ River MEMORANDUM TO: FROM: DATE: Scott Harlicker, Senior Planner May 28, 2003 SUBJECT: i 83rd Avenue & Waco Street Connection In the essence of public safety for the residents of western Elk River and eastern Big Lake Township, I would Eke to address r_he issue of 183r~ Avenue connecting with Waco Street. The connection at 183'a Avenue and Waco Street shall enhance the response of Elk River public safety (police, fire, ambulance) to the residents along the 145'h and 183'6 neighborhood. The issue of cul-de-sacs m this proposed development may cause a delay in response of public safety personnel responding to an emergency incident Hay/rig m~o entrances and/or exits into any residential neighborhood is desirable. The enhancement of public safety response shall be achieved with the connection of Waco Street and 183~d Avenue. Please feel free to call me at the ELk River Fire Department at 763-441-4919 if you have any further questions in reference to this issue. lllll III OI:Z7P TOWN OF BIG LAKE 763 263 3660 TOWN of BIG LAKE "Sherburne County's First 5-Member Township Board" P. o. Box 75, Big Lake, MN 55309 Phone (763) 263-8111 Fax (763) 263-3660 P.O1 June 16, 2003 City of Elk River PO Box 490 Elk River, MN 55330 RE: Proposed West Oaks Development Adjacent to Town of Big Lake. At the June 11, 2003 Regular Monthly Meeting several Town residents from the Royal Oaks development appeared before the Town Board of Big Lake with concerns regarding the connection of the Royal Oaks development to the proposed West Oaks development by 183rd Avenue. Residents of the Royal Oaks development advised that they are very concerned about the high density building that is proposed in the West Oaks plat; and, the effect of increased traffic that would coincide with the high density housing. The Town Board of Big Lake shares some concern about the opposing types of development, noting the Iow, rural density style in Royal Oaks compared to the high density in West Oaks, and their connection and effect on traffic patterns. Following the discussion, a motion was made and approved by the Board stating that it is in the Township's best interest to stand by its road connection policy, as it has in the past. And, that it is in the best interest of the residents and township to connect 183'~ Avenue through Royal Oak Estates and West Oaks. Town of Big Lake Post-If" Fax Note 7571 ICe/Dept. _ )un-].6-03 0~.:27P TOWN OF BIG LAKE 763 263 36~0 P.02 TOWN of BIG LAKE "Sherbume County's Firs! 5-Member Township P. O. BOx 7,5, Eiig Lake, MN 55309 Phone (763) 263-8111 · Fa:[ (765) 2~;~-36SD June 12, 2003 City of Elk River PO Box 490 Elk River, MN 55330 RE: Wetland Areas Near the Proposed Development of West Oaks. At the June 11, 2003 Regular Mondaly Meeting, a Town resident appeared before thc Town Board of Big Lake with concerns regarding the wetland areas near the proposed developmenl~ of West Oaks. Please advise the Town of Big I,ake regarding the City of Elk Rivers plans to excavate this wetland area bordering the Town of Big Lake; a_nd, the effect of this work on the neighboring homeowner's wells, many of which arc sand point wells. Laura Hayes, Clerk Town of Big Lake PAver 13065 Orono Parkway Elk River, MN 55330 July 8, 2003 Town of Big Lake PO Box 75 Big Lake MN 55309 Dear Big Lake Town Board: This letter is in response to your concerns about the Proposed Development of West Oaks. On May 8, 2003, a Technical Evaluation Panel (TEP) meeting was held. The following is a list of the individuals present: Keith Grow, Board of Water & Soil Resources (BWSR); Chris Otterness, Bogart, Pederson & Assoc; Paul Diedrich, Department of Natural Resources (DNR) - Fisheries; Bill Bronder, Soil & Water Conservation District (SWCD); Terry Mauer, City of Elk River Engineer; George Sanford, S & Z Investments, Inc; Rebecca Haug, City of Elk River Environmental Technician. The developer discussed his proposal to fill 9,049 square feet of a Type 6 wetland in a single location to accommodate the road for the plat. The TEP found both the filling and the replacement plan acceptable under the rules of the Wetland Conservation Act. The replacement plan consists of 9,062 square feet of New Wetland Credit and 9,600 square feet of Public Value Credits (upland buffer). The new wetland will be created adjacent to the existing wetlands on the site. The developer will be responsible for ensuring that the wetland mitigation is successful. The developer will also be responsible for submitting a written monitoring report on the replacement wetlands one year a~er the mitigation work is completed, city staff must approve this report. The proposed wetland work should not affect any neighboring wells since a new wetland will be created as well as buffer area. If you have any fu~her u " q esLlons, please call me at (763) 635-1068. Thank you in advance for your cooperation. Sincerely, Rebecca Haug Environmental Technician cc: Scott Harficker, Senior Planner Phone: 763.441.7420 Fax: 763.441.7425 www. ci.dk-river, mn.us June 16, 2003 To Elk River Planning Committee: This is a great country we live in. We have the freedom to vote for our elected officials, we have the freedom of speech. Freedom of speech can only come when all parties are notified of public hearings. We were not informed of the initial meeting regarding the proposed West Oaks development. This seems to be more than an oversight by public officials. This makes us wonder if the people in charge have other objectives. We believe Elk River Planning Committee should review the notification process to correct this oversight. We also believe an apology is in order. We strongly oppose the zoning change for the West Oaks Development for several reasons. The first and our greatest concern is the increase traffic in the area. When we purchased our land and had our home built in the year 1993 we were told that 183ra Avenue would be connected to Waco Street. At that time city sewer and water were not connected to the Government Center. At that time there was no conceivable reason to believe that city sewer and water would come across Waco. We had only envisioned a row of homes just north of the golf course and a row of homes to the east of current homes in Royal Oaks Estates. That would be twenty homes at the most twenty five homes. This type of development was expected and would not be objected by us. The proposed medium density housing would be six to seven times this. Should this development go thru we request that 183rd Avenue from Waco not be connected to Royal Oak Estates. Second: The planning commission has stated that medium density is desired next to the proposed industrial park. Our question is then why at the current Industrial Park which is located off Proctor Avenue is all single famil-y homes to the north? The land to the east of our property is currently zoned single family. We believe it should stay zoned as single f{gnily homes. Third: We have the entire property line to the west of the proposed West Oaks development. We believe this is unfair and very hard to comprehend that we will have this many homes next to our 1222.5 feet property line. we foresee many problems with the quantity of homes being.built. Problems such as the litter, trash, lawn clippings, pet problems and noise problems. Most of the land to the west is wetland once a development is established the tranquility of the wetland will be damaged. Fourth: Also this size development will it affect our water well? Is the city willing to fix any well problems that might occur due to changes in the water table? We are also concerned about the problems of 4 wheelers, snowmobiles and the 200 to 300 people just wanting to take a walk. We are able to put up no trespassing signs however this is almost impossible to enforce. We had envisioned when we purchased our home ten years ago that it would be consistent with what is built in the area. Should this development go thru we request the developer install and maintain a fence along the proposed property line. In closing another great concern is the effect this will have on our property value and resale. We do not believe that a potential buyer will want the problems that will be caused by a medium density development and the amount of traffic that the area will have. Please hold true to the sign when entering Elk River where, "Country and City flow together." Thank you for granting us the time to exercise our freedom of speech. We would have appeared and made these statements in person however, we are on our vacation. Sincerely, MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS SHERBURNE SOIL AND WATER CONSERVATION DISTRICT 14855 Hwy. 10 Elk River, MN 55330 Tel. (763) 241-1'170 Fax (763) 241-1161 Web Site: sherburneswcd.org May 9, 2003 Terry Maurer City of Elk River P.O. Box 490 13065 Orono Parkway Elk River, MN 55330 Terry: At the request of George Sanford, I made three soil borings on April 30, 2003 in the wetland within the proposed West Oaks sub-division at the locations shown on the attached map. Boring #1: 0-6" muck (saturated to the surface) 6-18" loamy coarse sand 18-60" coarse sand Boring #2 0-6" muck (saturated to the surface) 6-32" loamy coarse sand 32-48" coarse sandy loam Boring #3 0-6" muck (saturated to the surface) 6-60" coarse sandy loam None of the borings showed a confining layer within the proposed excavation elevations in the wetland. If you have any questions, please contact me. Sincerely, William Bronder Technical Manager cc. George Sanford, S & Z Investments AN EQUAL OPPORTUNITY EMPLOYER Well Depths In Royal Oak Estates All 4" Drilled Wells Lot 10, Block 1 114' Feet Deep Lot 9, Block 1 119' Feet Deep Lot 8, Block 1 I20' Feet Deep Lot 7, Block 1 175' Feet Deep Lot 6, Block 1 120' Feet Deep Lot 5, Block I 106' Feet Deep Lot 4, Block 1 95' Feet Deep Lot 3, Block 1 104' Feet Deep Lot 2, Block 1 104' Feet Deep Lot 1, Block 1 90' Feet Deep ORDINANCE 03 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES TO R3 (TOWNHOUSE DISTRICT) CASE NO. ZC 03-03 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the properties described as: Shown on Exhibit A Section 2. The rezoning is being approved based on the following findings: THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN LAND USE DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). e THE REQUEST PROVIDES AN OPPORTUNITY FOR SEVERAL DIFFERENT HOUSING TYPES AND WILL HELP MEET THE CHANGING HOUSING NEEDS IN THE CITY. 3. THE ZONE CHANGE IS COMPATIBLE WITH ADJACENT LAND USES. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 21st day of July, 2003 by the City Council of the City of Elk RiYero A]-TEST: Stephanie A. Klinzing, Mayor Patrick D. Klaers, City Administrator S:\PLANNING\Case Files\2003\P 03-04 West Oaks\ZC Ordinance.doc EXHIBIT A The Northwest ©uorter of the Southwest Quarter of Section 31, Township 33, Range 26, EXCEPT the following tracts: The East $00 feet of the North ¢00 feet of the Northwest Quarter of the Southwest Quarter of Section 31, Township 33, Range 26; ALSO EXCEPT Beginning at the Southeast corner of said West Half of the Southwest Quarter of said Section; thence North on the East line of said West Half of the Southwest Quarter, 1591.10 feet to the point of beginning of the tract to be described; thence West on a deflection angle to the left of 90 degrees 4-0 minutes, a distance of 183 feet; thence North and parallel to the East line of said West Half of the Southwest Quarter e distance of 150 feet; thence East 185 feet to the point on the East line of said West Half of the Southwest Quarter, 150 feet North of the place of beginnin9, thence South on the East line of said West Half of the Southwest Quarter, 150 feet to the point of beginning, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. PRELIMINARY PLAT OF WEST OAKS / / / / ½. City of Elk River S~ County, MN LEGEND q n n ~.. / 3 41 / ] (2 TYP.) 183rd A~ J City of Elk River Sherburne Coun~ MN N TYPICAL LOT -~?---7~1 ........ OUTLOT .~ City of Elk River N /', 3 / $ 41 -" - ~.~g'( g2 183r~ Ave N~W-- - ¢.5O~Y. z o s:~ City of Elk River $~ County, MN L=~QEND TYPICAk SHRUB LAYOUT: Z ~Zz~ N