6.4. SR 02-17-1998~..,ty of
iver
MEMORANDUM
Item # 6.4.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Steve Ach, City Planner.~~
February 17, 1998
Request by Dynamics Design and
Land Company for Preliminary
Plat Approval (Windsor Woods),
Public Hearing Case No. P 97-20
I$$1te
Dynamics Design and Land Company is requesting preliminary plat approval
to subdivide approximately 71 acres into twenty 2-1/2 acre single family lots.
Location
Approximately ¼ mile east of County Road No. 1 and south of County Road
No. 33.
ZoninWLand Use
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
Proposed preliminary plat
· Letter from Sherburne County Tree Board dated February 12, 1998
· Report to the Planning Commission dated January 27, 1998
Overview
The 71 acre site lies south of County Road No. 33 and west of Concord Street.
The property has a variety of natural characteristics ranging from low
wetland areas to a very pronounced ridgeline which is forested with mature
hardwoods. The property also has County Ditch No. 31 which winds its way
through the eastern 1/3 of the property. Along the northern 1/3 of the
property parallel to County Road No. 33, Northern States Power has large
overhead wires which traverse the property. The plat also includes an
13065 Orono Parkway ° P.O. Box 490 ° Elk River, MN 55330 ° TDD & Phone: (612) 441-7420 ° Fax: (612) 441-7425
Memo/Mayor & City Council/P 97-20
February 17, 1998
Page 2
existing home which is located in the central part of the development. The 71
acres is an assemblage of several property owners to create enough land area
for the proposed preliminary plat.
Roads
The plat will be accessed off County Road No. 33 with a residential street
that will bisect the property and extend to the south limits of the plat. Access
to the property will also include improvements to County Road No. 33 by
constructing a right turn lane for eastbound traffic. The County has also
indicated that a westbound bypass lane will eventually be needed as
additional traffic turns into this development off of County Road No. 33. The
bypass lane is most likely to happen when the property south of this project
is developed and the street is continued further. The County may require the
developer to the south to improve the bypass lane since their project will
generate the additional traffic to meet the warrants for the bypass lane.
The location for the new road off of County Road No. 33 was selected at a
point where the site lines both east and west along 33 could be maximized.
Also, the road is near the top of the vertical curve which will further improve
visibility for cars leaving the plat onto County Road No. 33.
As previously mentioned, the property has a dramatic ridge which extends
north and south through the middle of the plat. The proposed road basically
climbs the ridge on the north side where the street grade will be somewhere
between 7%-8% before reaching the top of the ridge and leveling off. Once
the street reaches the top of the ridge, grading will have to occur to lower the
top of the ridge approximately 8 feet.
Road Extension
Staff has requested that the road be extended to the south limits of the plat
to allow it to be continued through the adjacent properties as it is developed.
The property owner to the south has been contacted and has been working
with staff and the developer to agree upon a proper alignment of the proposed
road. Given the topography of both properties, it is critical to pinpoint the
best location for the road to be extended to the south. After working with
both property owners the location of the proposed road has been agreed upon.
The one request that the property owner to the south has made is to have the
road lowered about 4 feet to provide a better match with the proposed
elevations of the road as it extends the road from the south. When the
property to the south is developed, the roads will be connected and a long
dead end of 2,200 feet will be eliminated.
f:\shrdoc\council\p97-20.doc
Memo/Mayor & City Council/P 97-20
February 17, 1998
Page 3
.Trees
The property has a large mass of existing hardwoods which basically
surround the entire ridge line. The tree line stops at the bottom of the ridge
at a point where the wetland conditions basically begin. There are also some
existing trees along County Road No. 33 which appear as though they will be
saved, with the exception of having to cut through a 60 to 80 foot opening for
the new street.
The topography of the site will create some real challenges to balance the
need for grading while still preserving as many trees as possible. Most all of
the homes will be placed below the street which will require the driveways to
be graded in at a maximum of 10% down to the house pad. In order to
accomplish this on several lots, the driveways will have to be curvilinear to
minimize the grade change. In a couple cases, particularly on Lots 5 and 6 of
Block 1, significant grading will have to be done to get access to the lots.
Staff is recommending that 5 and 6 have a shared driveway which will
eliminate a significant amount of grading and therefore, eliminating the need
to remove several trees.
Letter from Sherburne County Tree Board
Attached is a letter from Tim Edgeton outlining some of his concerns and
recommendations for developing within this wooded area. As Tim describes
in his letter, the area is forested with a majority of pin (red) oaks. Red oaks
are more susceptible to oak wilt than white and bur oak. Therefore, extra
care should be taken during development and home construction to protect
the trees. Staff has added condition #25 to address tree protection. (Please
refer to Tim's letter for additional information).
Wetlands
The proposed road will be crossing a wetland area which will require the
filling of approximately 6,900 square feet. In exchange for the filling of the
wetlands, there will need to be some mitigation work done on site, as well as
construction of storm water ponds to capture the water off the streets before
entering into the wetland and County Ditch No. 31.
Dimensional Requirements
All of the lots within the proposed subdivision meet the dimensional
requirements for the Rla district. Each lot has a minimum frontage of 160
feet and a lot area of 2-1/2 acres. A majority of the lots extend into the
wetland areas, therefore, the actual buildable area is less than 2-1/2 acres.
f:\shrdoc\council\p97-20.doc
Memo/Mayor & City Council/P 97-20
February 17, 1998
Page 4
However, each lot is still large enough to support a typical 50'x 50' house pad
and a primary and secondary septic system and well location.
17 of the 20 lots are proposed along the ridge line. The other three lots are
located adjacent to the NSP power line which traverses the property on the
northern limits of the plat. Although the lots meet the minimum
requirement of 2-1/2 acres, the actual buildable area on these three lots next
to the power line is substantially smaller. None of the house pad locations
nor the septic locations need to be located in the easement. The lots are able
to support the house pad, septic locations and well. However, there has
always been a concern raised regarding homes located next to the power line
and whether that is the most appropriate. The City has approved other
projects with lots that are adjacent to the power line easement and homes in
locations similar to those proposed on the plat.
Outlot A
Outlot A is a very small remnant in the extreme northwest corner of the plat.
This outlot will have to be combined with the adjacent property and not be
left as a remnant of the plat.
Outlot B
Outlot B is intended to be a landscaped island as an entrance into the
development. This outlot may also include a monument entrance sign to
identify the development. This landscaped island may be platted as an
outlot, however, a divided interest of Outlot B shall be assigned to each of the
lots of the plat to ensure maintenance of the island is completed.
Outlot C
Outlot C is a larger remnant of the southeast corner of the plat which may
have some development opportunity in the future if access from Concord
Street is achieved. At this time, there have been no plans submitted showing
how or if Outlot C could be developed.
Park & Recreation Commission Recommendation
The Commission's recommendation was to accept cash to satisfy the park
dedication requirements of the plat.
f:\shrdoc\council\p97-20.doc
Memo/Mayor & City Council/P 97-20
February 17, 1998
Page 5
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the
preliminary plat with the conditions outlined in the staff report.
Recommendation
It is recommended the City Council approve the preliminary plat request by
Dynamics Design and Land Company for Windsor Woods with the following
conditions:
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLING THE REQUIRED
IMPROVEMENTS.
ALL THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED JANUARY 21, 1998, BE
INCORPORATED INTO REVISED PRELIMINARY AND FINAL PLAT.
A GRADING AND EROSION CONTROL PLAN BE SUBMITTED TO THE CITY AND
APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE.
AN NPDS PERMIT FROM MINNESOTA POLLUTION CONTROL AGENCY BE OBTAINED
PRIOR TO COMMENCING GRADING ON SITE.
IF SEPTIC SYSTEMS ARE PROPOSED WITHIN THE NSP POWER LINE EASEMENT, A LETTER
FROM NSP WILL NEED TO BE SUBMITTED AUTHORIZING THE INSTALLATION OF A SEPTIC
SYSTEM AT THIS LOCATION. A LETTER SHOULD ALSO BE SUBMITTED FROM NSP
STATING THEIR APPROVAL FOR ALLOWING A RESIDENTIAL DRIVEWAY THROUGH THE
EASEMENT TO SERVICE LOTS 1 AND 2, BLOCK 2.
o
ALL THE DRIVEWAYS FROM THE PLAT SHALL BE PAVED 3F, FEET BACK FROM THE CURB
WITH AN IMPROVED SURFACE TO REDUCE THE AMOUNT OF AGGREGATE FROM
UNIMPROVED PRIVATE DRIVEWAYS ONTO THE PUBLIC STREET.
o
ALL OF THE WETLAND APPROVALS MUST BE OBTAINED PRIOR TO FINAL PLAT
APPROVAL. THIS INCLUDES LETTERS FROM THE CORPS OF ENGINEERS AND OTHER
APPROPRIATE WETLAND AGENCIES.
o
A RESTRICTIVE COVENANT SHALL BE PLACED ON THE REPLACEMENT WETLANDS AND
RECORDED ALONG WITH THE PLAT.
°
A PERMIT SHALL BE OBTAINED FROM SHERBURNE COUNTY TO OUTLET STORM
DRAINAGE INTO COUNTY DITCH NO. 31.
10.
A PERMIT FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE OBTAINED
FOR CONSTRUCTION OF AN EASTBOUND RIGHT TURN LANE ON COUNTY ROAD NO.
33. ALSO, THE PERMIT SHALL COVER ANY ADDITIONAL WORK THAT IS TO OCCUR
WITHIN THE COUNTY'S RIGHT OF WAY.
11.
THAT PORTION OF OUTLOT B WHICH EXTENDS INTO THE COUNTY RIGHT OF WAY
SHALL BE "CUT BACK" OUT OF THE RIGHT OF WAY.
f:\shrdoc\council\p97-20.doc
Memo/Mayor & City Council/P 97-20
February 17, 1998
Page 6
12. THE STORM WATER POND TOWARDS THE SOUTH END OF THE PLAT SHALL BE SHIFTED
TO THE EAST AWAY FROM THE EXISTING TREE LINE. THIS WILL REDUCE THE CHANCE
OF SEVERING THE TREES' ROOTS AND DESTROYING THEM ALONG WITH
CONSTRUCTION OF A POND.
13. OUTLOT A SHALL BE COMBINED WITH THE ADJACENT PROPERTY.
14. THE DEVELOPER SHALL BE RESPONSIBLE FOR INSTALLING REQUIRED STREET LIGHTS
AND STREET SIGNS AS PART OF STREET CONSTRUCTION.
15. SHARED DRIVEWAYS SHALL BE UTILIZED IN AREAS WHERE THE GRADES ARE TOO STEEP
AND/OR TREES NEED TO BE SAVED.
16. ANY GRADING ON THE ADJACENT PROPERTY TO THE SOUTH SHALL BE DONE WITH
CONSENT OF THE PROPERTY OWNER.
17. PARK DEDICATION SHALL BE SATISFIED BY THE PAYMENT OF CASH AT THE PER LOT
RATE AT THE TIME OF FINAL PLAT. THIS SHALL BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
18. A SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
19. LETTER OF CREDIT TO GUARANTEE THE IMPROVEMENT BE SUBMITTED PRIOR TO
COMMENCING WORK ON THE SITE.
20. A LANDSCAPE PLAN FOR OUTLOT B BE SUBMITTED FOR STAFF REVIEW. THE PLAN
SHOULD CONSIST OF LOW MAINTENANCE MATERIAL AND NOT OBSTRUCT VISBILITY.
21. A 50 FOOT DRAINAGE AND UTILITY EASEMENT SHALL BE ESTABLISHED ACROSS THAT
PORTION OF OUTLOT C WHICH IS ADACENT TO OUNTY DITCH NO. 31.
22. PRIOR TO ISSUANCE OF BUILDING PERMITS THE SITE GRADING SHALL BE COMPLETED
AND CERTIFIED.
23. A GRADING AND DEVELOPMENT PLAN SHOWING HOUSE PAD LOCATIONS AND
FINISHED FLOOR ELEVATONS SHALL BE SUBMITTED AND RVIEWED BY THE CITY
ENGINEER. THIS PLAN WILL NEED TO BE APPROVED PRIOR TO ISSUANCE OF BUILDING
PERMITS.
24. A SEALCOATING FEE IN AN AMOUNT TO BE DETERMINED BY THE CITY ENGINEER
SHALL BE PAID PRIOR TO RECORDING THE PLAT.
25. A SPECIFIC TREE PRESERVATION PLAN SHOULD BE SUBMITTED ALONG WITH THE
CONSTRUCTION PLANS. USE OF RETAINING WALLS MAY BE REQUIRED TO MAXIMIZE
TREE PROTECTION.
f:\shrdoc\council\p97-20.doc
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SHERBURNE COUNTY TREE BOARD
26401 - 180th Street
Big Lake, MN 55309
(612) 263-8522
February 12, 1998
Steve Ach
City of Elk River
PO Box 490
Elk River, MN 55330
Dear Steve,
This letter is in regards to the proposed development plan for Windsor Woods located south of
Co. Rd.33 and east of Elk Lake Rd. Because of its location along a ridge and the predominant oak
cover type, there are some concerns I would like to share with you.
Most of the lots in the development are forested with virtually all of the forest composition being pin
(red) oak. Considering the oak forest monoculture, the risk of starting more oak wilt while developing
the land is very high. Since 1992, there have been about 25 oak wilt sites treated within 1 mile of the
"levelopment. In addition, inventory maps indicate there may already be oak wilt present on the
proposed development. A recommendation would be to have the woods inspected to diagnose any
existing oak wilt. Any infection centers identified should be 'treated (if feasable) by someone familiar
with oak wilt control. In addition, potential home buyers should have to be notified if oak wilt is
present. Without knowing, homeowners are stuck with dead/dying trees after they own the lot.
Treating oak wilt sites not only benefits the lot owners but it also benefits a~l properties up to 1/4 mile
away with oaks by reducin.(j risk of overland spread.
The steep topography of the area creates a di'[ficu~i: si'~.uation with any fores'~ cover. ~aks tend to be
even more sensitive to grade chart§es than rnos'~ trees and as ~ result, hi§h mortali'/y may occur
where natural grades are altered. The more roads, driveways, utilities, septics, and garages that are
installed, the higher the mortality will be. The narrow lot size will make it even more difficult to save
any sizable quantity of bee~; in fr'on'~ of the lots. As a result, the more the forest is fragmented, the
more the ecosystem will ch~nge.
The last concern is the timing of the construction work. To minimize oak wilt spread, road clearing
and tree removal from April 1 to July 1 should be avoided. If this is not possible, all contractors
should be responsible for taking preventative measures when working around oak during these
times. In July or August, the area can be re-checked. Brochures are available on oak wilt, using tree
wound dressing to cover up open wounds, using tree fencing to save groups of trees, and on
minimizing grade changes i:o trees. Please call me if you have questions. Thank you.
,incerely,
lira Fdgeton
County Forest Resource Specialist
Sherburne County Tree Board