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6.1. SR 08-18-2003TO: FROM: DATE: SUBJECT: Item # 6. I. MEMORANDUM Mayor and City Council Chris Leeseberg, Planner~_~ August 18, 2003 Case No. P 03-02 Request by James and Stephanie Zaczkowski for Final Plat (Kingdom Estates) Request James and Stephanie Zaczkowski are requesting Final Plat for Kingdom Estates, a 7 lot subdivision in the Al, Agricultural Conservation District. Location 10511 209th Ave North of County Road 33 at the Olson Street alignment Attachments · Location Map · Environmental Technician Memo · Final Plat 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 rttle 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 (7 lots on 70-acres). City Council / P 03-02 August 18, 2003 Page 2 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 located in approximately the middle of the site and then turning west to provide future access to the adjacent property. Analysis The final 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 right-of-way will be platted 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 ~ 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. Utilities Each lot will have its own private well and septic system. Recommendation Staff recommends approval of the final plat of Kingdom Estates with the following conditions: 1. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. 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. 3. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 4. PARK DEDICATION SHALL BE IN CASH FOR FIVE LOTS. 5. THE PLAT SHALL COMPLY WITH THE A1 SETBACK REQUIREMENTS. 6. ALL COMMENTS OF THE ENVIRONMENTAL TECHNICIAN SHALL BE ADDRESSED. S:\PLANNING\Case Files\2003\P 03-02 Kingdom Estates\P 03-02_Final Plat.doc ~ L~ v HILLS SITE River Case Numbe~. Location Map P03-02 KINGDOM ESTATES N TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Rebecca Elaug, 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 Del/neafion Report for the property dated, April 16, 2003. The Techrfical 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 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. o o 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. 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. 2 A,/E ,l / x~ ' ? AOVI'IC'ELLO, MII~I~SOT~. 5 i 6 4 ,..~'fEET' $ OF 3 31-tEET~