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5.2. - 5.4. SR 10-11-1999 rei ---\) ( )j ~l}{ ITEMS 5.~_-5.4. River ITEM # MEMORANDUM FROM: The Mayor and City Council . Stephen Wensman, Planner ~~ TO: DATE: October 11, 1999 SUBJECT: Bridgeland Development Zone Change, Preliminary Plat, and Conditional Use Permit for Preserve Estates, Public Hearing Case No. ZC 99-7, P 99-10 and CU 99-30 Reauest Bridgeland Development requests: . A. Zone Change from RIA (Single Family) to PUD (Planned Unit Development). B. Preliminary Plat and Conditional Use Permit for a 27 lot single-family development. Location General Description: North of Oak Meadows subdivision, south of Knollwood, east of Tyler Street, west of Trott Brook. Zonina/Land Use RIa (Single Family Residential) / LR (Low Density Residential) Attachments . . Location map . Preliminary Plat . Preliminary Grading/Drainage Erosion Control Plan . Tree Preservation Plan . Shoreland tier requirements sheet . DNR Shoreland PUD Tier Map . Letter from the DNR, dated August 5, 1999 . Letter from the DNR, dated September 17, 1999 . Memo from City Engineer, September 15, 1999 . Soil Boring Summary 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to City CounciI/ZC 99-7, P 99-10, CD 99-30 October 11, 1999 Page 2 . Overview Bridgeland Development is proposing to develop a 74.7 acre parcel located north of Oak Meadows subdivision, south of Knollwood, east of Tyler Street and west of Trott Brook. The developers propose rezoning the property to PUD, Planned Unit Development, as allowed by the Shoreland Ordinance. A Conditional Use Permit is also required by the PUD Ordinance. The development will consists of 27, roughly 1 acre, single-family residential lots. In addition, 50% of the site will be open space that will be protected from further development by a conservation easement held in common by a homeowners association. The open space will contain a walking trail, most likely a mown trail that winds through the open space partially along an existing farm road. The site was previously a small farm with some feed crops and cattle. Through the center of the site between the pond and wetlands is a ridge with woods and fields. The site has many constraints on development with its topography, wetlands, woods and surrounding existing development. Both the pond and the Trott Brook are in the Shoreland Overlay District, DNR protected, and subject to the restrictions of the Shoreland Ordinance. The existing farmhouse will remain and be incorporated into the development. . The developments surrounding the site consist of both 1 acre and 2.5 acre developments. Oak Meadows to the south is made up of 2.5 acre lots and across Tyler Street to the west, Knollwood is primarily 1 acre lots, similar to what the applicant is proposing. ProDosed DeveloDment Plans The site layout consists of 27, roughly 1 acre lots fronting on a new road connecting Polk St. and Tyler St. located on a ridge between the pond and wetlands. Some of the lots will front on a spur road that provides future access to the Larson property to the north. The DNR protected wetlands, under the Shoreland Ordinance, provide the greatest site constraint and amenity. On the west side of the site is a Type 3, 6.01 acre, pond and on the east side ofthe site is the Trott Brook. Shoreland Ordinance . The Department of Natural Resources has specific classifications for water bodies located through out the City of Elk River. The pond on site is considered a Natural Development Water, which has certain restrictions that extend 1000 feet beyond the ordinary high water mark of the pond. The Trott Brook is a considered Tributary Stream, which has certain restrictions that extend 300 feet beyond the ordinary high water mark of the Trott Brook. Almost all of the parcel falls within this restricted area and is subject to the Shoreland Ordinance and the criteria to preserve the integrity of the natural resources. \ \elkriver\sys \shrdoc \planning\stevewen \ccmmo \p99-10a. doc Memo to City Council/ZC 99-7, P 99-10, CD 99-30 October 11, 1999 Page 3 . Under the Shoreland Ordinance, the site can be divided into tiers of 400 foot increments radiating out from the pond. Preserve Estates has 3 tiers from the pond and most of the development occurs within the second tier. None of the development occurs within the Shoreland of the Trott Brook. Generally, the Shoreland Ordinance allows a certain density of development within each tier. Some of the "base density" from one tier may be transferred to the next as long as the receiving tier is further away from the pond. Besides "base density," an increase in density can be achieved by meeting various performance standards such as additional open space, storm water management, vegetation protection and landscaping. The developers have utilized increased density by increasing the setbacks for septic systems and by protecting existing vegetation around the pond. Attached is a density evaluation prepared by Terra Engineering, which outlines the setback and density issues within the tiers. Larry Krampka, from the DNR, has given preliminary approval subject to conditions relating to the septic systems (See attached letter dated August 5, 1999). Since August, the developers have submitted the Homeowners Association documents for DNR review. (See DNR review letter, dated September 27, 1999). Septic Systems . Typically, lots within Shoreland PUD's are required to utilize a clustered septic system. The DNR has preliminarily agreed to allow individual septic systems if under a homeowner's association maintenance agreement, subject to DNR review and approval. Individual property owners will still own and be responsible for the septic systems. Due to the low nature of much of the plat, Engineering recommended having soil borings of questionable septic areas on 10 of the proposed lots. From these borings it was determined that five of the lots would require mound systems. Since the City Engineers review and Memorandum, a revised Grading/Drainage Erosion Control Plan indicates both the mound and conventional septic system locations. At the request of the City Engineer additional soil borings have been made, however, no review of the data has taken place. A consideration of a clustered septic might be a preferred alternative to numerous mound systems in the plat, although it would require MPCA review. The DNR has reviewed the Homeowners Association Maintenance Agreement for septic systems and has outlined two concerns that can be easily incorporated into the Homeowners Association documents and shall be a condition of approval. Furthermore, at the request of the Building and Zoning Department and because of the smaller lots, individual septic field areas shall be fenced off during construction in order to protect them from compaction (See attached Howard R. Green memorandum). . \ \elkriver\sys \shrdoc \planning\stevewen \ccmmo \p99-lOa.doc Memo to City Council/ZC 99-7, P 99-10, CD 99-30 October 11, 1999 Page 4 . Homeowners Association As part of the development, a homeowners association shall be created with mandatory membership within the plat. The homeowners association shall hold and protect the conservation easement and be responsible for maintenance of all commonly held land and maintenance and inspection of individual septic systems. The Homeowners Association document shall include language that addresses the concerns of the DNR regarding septic maintenance. The City Attorney shall review the documents and can answer any specific questions regarding such agreements. Right-of- W av and Access The developer will be constructing a new section of Polk Street into the Oak Meadows subdivision to connect with the existing Polk Street cul-de-sac. Also, the developer will be dedicating additional right-of-way for Tyler Street NW. All the lots in the development will have internal street access. Grading and Drainage . A revised Grading and Drainage /Erosion Control Plan was submitted on September 16, 1999, in response to the City Engineer's comments, however, there was not adequate time to do a proper review of the revisions. The City Engineer will be at the Public Hearing to answer any questions (See the attached Howard R. Green memorandum). Wetland Issues Two wetlands in the proposed plat will be filled and will require mitigation. The joint notification of applicable agencies was mailed on September 1, 1999, therefore, the comment period ends on October 1, 1999. Final Plat will be delayed until the notification period has ended. Setbacks The structure setbacks will be consistent with the underlying zoning district, RIa. The Ordinary High Water line for the pond shown on the plans is in error. This will effect setbacks for septic systems and structures. Within the Shore land of the pond the septic and structure setbacks are 150 feet. In order to get a density bonus as allowed by the Shoreland Ordinance, the setbacks are increased to 188' from the Ordinary High Water line (See attached Howard R. Green memorandum). Landscaping One front yard tree and one street tree are required for each lot, two of each for . corner lots. A landscape plan will need to be submitted prior to Final Plat. \ \elkriver\sys \shrdoc \planning\stevewen \ccmmo \p99-10a.doc Memo to City Council/ZC 99-7, P 99-10, CD 99-30 October 11, 1999 Page 5 . Tree Preservation The tree preservation plan shows the likely grading limit (limit of tree removal) with the septic systems in their proposed locations (See attached tree preservation plan). To guarantee preservation of specific trees, trees intended to be saved, shall have fencing at the drip line to prevent grading and storage of equipment or debris within the dripline. According to the Building and Zoning Department, mound septic systems function best if they are unshaded and out of the root zone of trees. Many of the proposed septic areas are tucked into wooded areas. It is likely that a greater number of trees will be removed in order for individual mound septic systems to function properly. Park and Recreation The Park and Recreation Commission recommended cash dedication to meet the Park dedication requirements. The Comprehensive Park and Recreation Plan identifies no trail or parks in this area. The common open space will meet some of the recreation needs for this development. Plannin!! Commission . At the August 24, 1999, Public Hearing, five residents raised questions or concerns regarding the development. The residents were concerned about: . Tree preservation . Density . Traffic . Septic systems Planning Commissioners were concerned about: . Septic maintenance if the homeowners association is defunct. . Septic systems near wetlands . Whether the plat meets the intent of the PUD Ordinance. . Future setback variances with smaller lots . Whether a development in a PUD needed to be connected to sewer and water. . Density . Whether there is enough right-of-way for a detached trail along Tyler Street. The developer and staff addressed most of the questions and concerns noted above. The Planning Commission added the following two conditions: . 23. THAT AN ADDITIONAL 10 FEET BE ADDED TO THE DRAINAGE AND UTILITY EASEMENTS EAST OF TYLER, WHICH MAY BE USED FOR TRAIL PURPOSES. \ \elkriver \sys \shrdoc \planning\stevewen \ccmmo \p99-1 Oa.doc Memo to City CouncillZC 99-7, P 99-10, CD 99-30 October 11, 1999 Page 6 . 24. THAT THE NUMBER OF LOTS BE REDUCED FROM THE REQUESTED 27 DOWN TO 24 LOTS. Staff does not concur with the Commission's concerns about the density. To the west, Knollwood West Addition contains many one acre lots without any preserved open space. The proposed density appears to be in keeping with the land use near the site. The City Attorney will be in attendance at the City Council meeting to address any legal issues or concerns regarding the appropriateness of the PUD process. Recommendation Staff and the Planning Commission recommended that the City Council approve the rezoning from RIa (Single Family Residential) to PUD (Planned Unit Development) based on the following findings: 1. A PLANNED UNIT DEVELOPMENT ALLOWS A COMPREHENSIVE REVIEW OF DEVELOPING THE PROPERTY. 2. A PLANNED UNIT DEVELOPMENT ALLOWS FOR FLEXIBILITY IN SUBDIVISION DESIGN. . Staff also recommends that the City Council approve the rezoning from RIa (Single Family Residential) to PUD (Planned Unit Development) based on the following finding: 3. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE SHORELAND ORDINANCE. The Planning Commission recommends approval of the Preliminary Plat and Conditional Use Permit for a single family residential development with the following conditions: 1. A DEVELOPERS AGREEMENT AND PUD AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. 2. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. THAT WRITTEN APPROVAL IS OBTAINED FROM THE APPLICABLE PROPERTY OWNERS, PRIOR TO GRADING OFF SITE ON PRIVATE PROPERTY. 4. THAT SOIL BORINGS BE CONDUCTED ON LOTS AS REQUIRED BY THE CITY ENGINEER PRIOR TO FINAL PLAT TO ENSURE SUITABILITY FOR SEPTIC SYSTEMS. 5. THAT SEPTIC AREAS BE FENCED DURING CONSTRUCTION TO PREVENT COMPACTION. . \ \elkriver\sys \shrdoc\planning\stevewen \ccmmo \p99-10a.doc Memo to City CouncillZC 99-7, P 99-10, CD 99-30 October 11, 1999 Page 7 . 6. THAT A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED, SUBJECT TO THE CITY ATTORNEY REVIEW AND APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 7. THAT THE DNR REVIEW AND APPROVE THE HOMEOWNERS ASSOCIATION MAINTENANCE AGREEMENT FOR INDIVIDUAL SEPTICS PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 8. THAT THE OPEN SPACE CONTAINED IN OUTLOTS A & B BE PERMANENTLY PROTECTED WITH A CONSERVATION EASEMENT AND RECORDED AT THE SAME TIME AS THE FINAL PLAT. 9. THAT THE HOMEOWNERS ASSOCIATION DOCUMENTS INDICATE THAT THE OUTLOTS IN THE DEVELOPMENT ARE OWNED IN COMMON BY ALL RESIDENTS OF THE DEVELOPMENT. 10. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 11. THAT A LETTER OF CREDIT ISPROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. . 12. 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 A ONE-YEAR PERIOD. 13. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 14. PARK DEDICATION FEE AND TRAIL FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 15. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. THAT ANY TREES TO BE PROTECTED WITHIN THE LIMIT OF GRADING OR OFF-SITE, BE FENCED TO THE DRIPLINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT. 17. ALL LOTS SHALL HAVE A BUILDABLE AREA LARGE ENOUGH TO ACCOMMODATE A 70 'X 50' BUILDING PAD AND A DISTANCE OF 30 FEET BETWEEN THE HOUSE AND ANY WETLAND. . \ \elkriver \sys \shrdoc \planning\stevewen \ccmmo \p99-1 Oa. doc . . . Memo to City CounciVZC 99-7, P 99-10, CD 99-30 October 11, 1999 Page 8 18. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 19. A LANDSCAPE PLAN SHALL BE PROVIDED PRIOR TO FINAL PLAT. THE LANDSCAPE PLAN SHALL INCLUDE FRONT YARD AND BOULEVARD TREES AND LANDSCAPE SCREENING AS REQUIRED BY ELK RIVER CITY ORDINANCE. 20. THAT A TEMPORARY CUL-DE-SAC IS INSTALLED AT THE NORTH END OF POLK STREET NW IN THE PLAT AND AN EASEMENT BE DEDICATED FOR THE TEMPORARY CU- DE-SAC. 21. MINIMUM SETBACK REQUIREMENTS FOR THE PRINCIPLE STRUCTURE SHALL BE AS FOLLOWS: FRONT YARD SIDE YARD GARAGE SIDE REAR YARD 35 FEET 20 FEET 20 FEET 30 FEET 22. ACCESSORY STRUCTURE SETBACKS SHALL BE: FRONT YARD SIDE YARD REAR YARD 35 FEET 20 FEET 30 FEET 23. THAT WETLAND MITIGATION BE FINALIZED PRIOR TO CITY REVIEW OF THE PRELIMINARY PLAT. 24. THAT AN ADDITIONAL 10 FEET BE ADDED TO THE DRAINAGE AND UTILITY EASEMENTS EAST OF TYLER, WHICH MAY BE USED FOR TRAIL PURPOSES. 25. THAT THE NUMBER OF LOTS BE REDUCED FROM THE REQUESTED 27 DOWN TO 24 LOTS. Staff recommends that the City Council concur with the Planning Commission's recommendation, but strike condition 25. The proposed number of lots is consistent with the surrounding land use. \ \elkriver\sys \shrdoc \planning\stevewen \ccmmo \p99-10a.doc I · , I~ "L L1 r '1;1 J I _~ ')1&' tl<<ll I - I ...-:::'1' '.l " _~, <0. '- ~ - ! - ~. " t<'" --;--']l '~. · I \ l~ I I ~'"' 0 LL. ~ ...-- I _ _C'IU" I' \: ' L ," I I --- ,\ ,_ I 'IlJ' Z . "~r. ~ II-, r-- , "llI.... i ~;6; ~.. ........ ,~~.. ~~ ." D 'to"" ..... "( ~, h.1.~~ Z " --i........ I~ -........ - . II . . ~ ~ "I. f#;;&::" '" --. sale I!ioo' = () '.f- ,,~. ~_ 7'i '71 .. ' 9 !.- i .T.....i.o-"T'. ~ Eo.. ./" · jP ~~ ~_.. r-1 f,ZJ "" . -"..J ~ ~ ". 'f~'t ~\o ~ ~/'"'\""^" I ~.j .~ "'. \ ~ .. ~. I /. 1 .. ~J. _, . ~\. 'J/)- ~~, RIa , .' --:l I 1, 2 >' cqtlf. 'b'r~ ,\\' ---i ~ r_, S ~ \ \. . 7.. '.~ ~ ~ ~ ~ - -;-n.- · 0 I':~ __ _~C' 1" _/ U , " ~ . ->"- 'v / ~ -- .!. ~ . I" ~ \~ --;-' · / ~ ~~ [J 1 'i:i!lI~ .'"'. ~ r :. a,. 1\\\. I I r ~. . .... ,,: ~. I P'- ~ . \ ..... ....,. ~ .: u.' ~ I ,J, . ll' I r". '- ; ~" -. ... I. >':L., ... ! Ale ~ I "- ~'--' Q r ....... /0 -RI .,~ .. 0 I .~ Ale ~t~ I ' I P ;; ~ "':- h ,,' J ~.t. ' . -~-;:.~::: ~~ .1 ~ ". nnr ,I ..\........... .0..: IL 7( - - - L.- - r "', 1._ J' " .-.1' .: I r . . .. " 17.... I -C"l ..- I " '.) [ - -=- ?f-o I( I~ I ~A ..-m -:::: /" ~/1 /f;~~ I r /l;" />...~ · - I lS LOCATION MAP CASE:P 99-10 N i I : ,City of !i ",,~~. 1~ ,,,-l\. i . i ' '" ,', ." P.O Box 490 : - 13065 .Orono :arkwMNay .55.330 I . Elk River. , I '.) , ,J 7/20/99 Preserve Estates, Elk River, MN By: Pefer Knaeble, P.E. (Terra Engineering Inc.), ) .. ...",. . Requirements per Elk River . horeland pun Ordinance" ' .... ,".:.;.-: ,..;:;;-: ..... '., "', "Suitable Area" within Tier 3" .. '., . . (800+' from Wirtz Pond OHW) " . "11.2 ac."' ; .' ~': . .." r'-~} . · '. ,,", '. ..-. . .6 Single family residential lot size standard 2.5 ac:' , , . .... " .: (v.:i~~.~~~~~~f,~~'f~rrn~ P~~d.~HW). ," '?::.':~'~:.::;~: '. !' :~:~:g:~~~~~~:~~"" .. ";.:~ :~:::.:,..:'::;':,:, \FL~ ;..:,;'" "Base DensitY-Tier3 'lllots".'.'. .;.,~:;~,;';:':::~{-:""""".:;::~.. ,.._._l.!~tal"BaseDensity-. ". ...._17.610ts::..:~:;... _ ...... :.~:~;~.:~f>..:. ~ji.::::s~p~n 's~a~ (maYin~~te:i:!~~i~~j~ :'iVi;?~f.~.tS.j!.:~j:~~1:J}i'~~'i;~;',' ')' . - individual on-site sewage systems must have Association maintenance agreement (per Larry Krampka of DNR) - setback increased from 25% from 150' to 188' from OHW (with vegetative manag~ment) Cummulative # Max. Max. .. Max. Base Max. Density' Total · Total " Density Density Increase Density Density (units) Increase !w1i1sl (units) .(uni1sl Tier 1 6.2 50% 3.1 9.4- 9.4 .. . Tier 2 6.8 100% 6.8 13.7 23.0 Tier 3 II 200% 9.0 1M.. . 36.5 Total 17.6 36.5 . (Unit numbers may be transfen:ed to a higher tier, but not to a lower tier) Proposed Prelimary Plat: No. of lots Total site area (ae.) Total area of Open Space (ae.) 27 . (lncl. ex. house) 72.8 36.4 % of total site =50.0% No. homes in Tier 1 No. homes in Tier 2 No. homes in Tier 3 Total 4 18 ~ 27 . Ex. house at 170' setback, the rest are at 188'+ setback from Wirtz Pond OHW. , , ' .-'.,,}. ,. . :::~.:::)':; U ~'f' . ""I .;~:; .,. ... . -,. ; ~. ....~. . 'j .... .:;':'~'~'" " .......~;:e~!( ;: ~~ '. .-: ,~l, :. i-~'~ : . '~'. :,..: . ...... " ,- . ::. '. .... . '...: . . ' -. ; ':t.~. .~....._... . ': ..,: ). . .. ( ..... I i ~.,.~ I , I , e' I I . I -:---1 I" lIS"",.,,,, I~ :z: ~ i r li T,...~ _ll. l!i Jl~jIrllliln~i(; tll! Iii tUtti I l: "! ~ "! I i I i I E I C:I ICoo, r; IHlt II IlU .! r 1 III ! I 1 I I e- ~ -! f! ...1 DNR SIKlllElAIID PUD 11ER MAP =:Z=::"'-':" 1111 -- TERRA ENGINEERING, INC ~ ...._.~~ -. ~:...-.... ~~ - 1- PllE5EIlVE ESTATES ur .. . ... 1IIIIiIr""- --- - ...- ---&.---' .~ /"7) . ./:~~.. .:~:.. . ~ .:'..;, /..:.' SinC.J;IYU,... ~.......... AreaHydrologist '. .. . ,..._ ~"'.: ......~. .' ..... .. ";.;.., ..' -",David Hills, Re'gionat"Hydrologist ./. . 0.:.' .. . '. . .': ';,' . :.' '.- " e)Peter Knaeble, Terra Engineering, Inc. '. . '.. .' . . DNR Information: 612-296-6157. 1-800-766-6000 . TIY: 612-296-5484.1-800-657-3929 ..::. ~:: .r~..:--,' . ......./' e) 7.) . e) Ce' AU6 a 6 19S5 (c.' Minnesota Department of Natural Resources . DNR WATERS . 940 INDUSTRIAL DR., #103, SAUK RAPIDS, MN 56379-1235 . Phone No. (320) 255-2Q76 August 5, 1999 Michele McPherson Director of Planning City of Elk River PO Box 490 Elk River, MN 55330-0490 Dear Ms. McPherson: Preserve Estates Preliminary Plat, Unnamed Wetland 71-11W, Sherburne County Thank you for the information regarding the referenced preliminary plat I have reviewed the concept previously . over the phone with the project engineer. I would like to offer the f<;>llowing commen~ at this time. . 1) There are' a couple of ~orrectio~s to the plat she~ts. First the vicinity map indicates the site is in Section 26. . Secondly, the plat incorrectly refers to the basin as 71-238W. The basin that is located in Section 23 is actual~y 11-11 W.. The OHW elevation of 936.90 also should be clearly marked on the plat ;' .~...t:: ;.'. . . _ ...' "'<:-'-~....._" _': ~>.':', I,. ....'. . The project proposer has indicated that the individual sewage treatment systems will be managed by an Association. I have indicated to the project engineer in the past that I am amenable to the idea. However, the acceptability of the concept hinges on the level of responsibility and the nature of the Associations authority. I also have indicated that the siting of the treatment systems should be done in a manner that further removes the potential impacts of the systems on the surrounding resources. If flexibility is to be granted in this area of the proposal, it appears reasonable to expect additional care would be taken in siting the treatment systems. .: . . . "'. ",r',.... " .,'... I hope these comments are helpful. I certainly would like to see the portion of the Homeowners' Association documents that deal with the treatment systems, before I endorse the plan. The concept is sound in my opinion, however. If the Planning Commission is comfortable that the project is consistent with the intent of the ordinance I have no objections to the project." . . '. .'. '., _, . . . " ~ _f I '_l , I apolqgize for missing the earlier meetings on this project As you know, our office has been moving, which has been a major disruption to service. However, I would also add that I was noi given sufficient notice for the last meeting (one day). I will always do my best to participate on those projects you desire or need our input on in the future. However, it is not uncommon for my schedule to be filled 2-3 weeks in advance, so please give me as much lead time as possible. Thank you for your patience and please contact me if there any further questions or concerns. : ..0.... .'. ; t: . . .. '.' .. ~ .. t. ;:. , " . ..". . . . ." . ft Printed on Ret'yc:led Paper Containing. '-~ Minimum of 10'* Post-Consumer W..'te : An Equal Opponunity Employer. Who Values Diversity . "Helping you protect Minnesota's water resources" Sent By: RKH, PA; ~ I. lLUULJ LJNt( I . . . 6124328011; It-L..jLV-L::>;:l-.j~::I":l Sep-28-99 8:31AM; vcp ~I ~~ ~~.V~ Page 2/2 11V.VV-' I FAX Date: September 27, 1999 To: Richard Hocking Co; Richard K. Hocking. P.A.. Law Offices Dept: Fax ##: 612-432.8011 PhoDe N: 612-432-8129 Area Hydrologist SherbumcIWright Counties 3201255.3999 320/255-2984 Subject: Bridgebmd Development Compuy, PrClcrve EstateslElk River Thank you for the telephone call regarding the Articles for establishing the Homeowners Association (or thc referenced development. I have reviewed lhe original draft and as we discussed, I had lhe following concerns end comments: 1. 1 recommcnded that the Homc Owners Association responsihililies include the regular maintenance pump out of the septic tank. This is a regular scheduled function that could be VCJy easily included into the annual inspection. It is very likely that the inspection can be more complete if the tank is pumped out at the time of ins pee lion. 2. I also bad concern with the limited responsibility of the Home Owners Association in dealing with deficient systems identified at inspection. As we discussed, I think that language needs to be added that allows for a limited capital improvement fund to be established for system repair/replacement and the means to take corrective action if a property owner fails to take appropriate step. after receiving the inspection report. TIlis could include the right of the Home Owners Association to assess property owners, to gain access for the purposes of repairlrep1aeement of deficienL systems, and order/contract for the immediate repair of a deficient system. lfacceptable language that addresses these points is crafted I have no objeclion to the agreement. J\ r '-"""'-> \M/ l.Us, ~~.:Et tf r.e,; -- : = ~ " DNR Waters 940 Industrial Dr. S., #103 Sauk Rapids MN 56379-1235 ) Howard R. Green Company- "- CONSULTING ENGINEERS September 15, 1999 File: 807640-0240 Mr. Scott Harlicker City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: PRESERVE ESTATES ADDITION Dear Mr. Harlicker: We have reviewed the revised information provided by the developers of Preserve Estates. Based on our review we would offer the following comments: A. Grading Plan ). . The concept for storm drainage on the grading plan has changed at the west end of 201 st Avenue there are two catch basins located close to Tyler Street. A stub is extended out of each catch basin to collect water from a natural low area. We question why the low area on the north side of the road is not just eliminated with the grading of the site. This would eliminate the need for the storm sewer stub on this side. The stub on the south side goes to Lot 2, Block 2, which is the lot that contains the existing house. The drain field for this existing house falls under the proposed road, therefore must be reconstructed. This house is also impacted by the 188-foot setback from the ordinary high water level. We understand from the developer's engineer that the DNR has now established the ordinary high water level at 937.1 which will move the set back line approximately 1 O-feet further from the wetland. We have two concerns with this lot relative to the location shown for the primary and secondary drain fields. First of all the drain field site falls within this low area being drained by the storm sewer. Obviously a septic system can not be constructed in a low area which collects natural run-off. The second concern is that the moving of the 188-foot setback squeezes this lot even further. We question whether this lot has sufficient room on it to construct a new primary septic system and account for a secondary septic system location. . In Lot 8, Block 1 there is an easement connecting wetland number 6 and wetland number 7. It appears that the actual low point between these two wetlands is not included but is just to the west of the easement. If this is the case, the developer should show how he proposes to grade this area so that overflow from wetland 6 will flow to wetland 7 within the provided easement. The other option; of course, is to move and or expand the easement to encompass the natural drainage in this area. . \\SPNWFS\VOL 1 IDA TA\PROJ\807640j\0240\640-1501.sept99.doc 1326 Energy Park Drive. St. Paul, MN 55108 . 651/644-4389 fax 651/644-9446 toll free 888/368-4389 . . . Mr. Scott Harlicker September 15, 1999 Page Two + At the south end where Polk Street connects to the Oak Meadows Addition there is grading and slight filling of the wetland. The plan is at such a small scale that it is difficult to tell what the slope of this grading is. We would recommend that this grading not exceed a 3: 1 slope and that the grading provide a minimum 5-foot flat area immediately outside of the street for snow storage, pedestrians and other utility needs. + There is a private trail shown throughout Outlot A and Outlot B. Both of these outlots are proposed to have drainage and utility easements over the entire outlot. We first question whether or not a private trail can be built within a public drainage and utility easement. We wonder if there are any liability issues associated with this arrangement. The second concern with the trail shown on Outlot B is at two locations it crosses the existing wetland and at one of these locations there is a note on the plan that says "trail crossings of wetlands to be approved by the City". Obviously the City cannot approve a trail crossing of a wetland that would include any filling of the wetland. When this development was before the Technical Evaluation Panel regarding the wetland issues, there was no discussion of a wetland filling for trail purposes. These trail crossings of wetlands should be either further detailed to show that they are to be bridge structures or they should be eliminated from the plan. + It appears that in Lot 1, Block 2 the correction of the 188-foot setback from the ordinary high water level may impact the house pad shown on this lot. The developer needs to assure City staff that a reasonable house pad can be built on this lot with the required front yard setbacks and the ordinary high water setback. + On the grading plan with a revision date of August 22, 1999 the plan shows an optional retaining wall at the north end of Polk Street where it meets the adjacent property. On the plan with a revision date of August 27, 1999, this retaining wall has been removed. It is unclear whether or not the option of a retaining wall is being explored in this area.. If no retaining wall is built, the developer must provide written permission to grade on this abutting property before any mass grading begins. If a retaining wall is utilized in this area it appears that it would be substantially higher than 4-feet in some locations. It will need to be properly designed and a fence of some type located on the top for safety purposes. + The final grading plan submitted to the City for approval on this site should be submitted at 50 scale. The site should be broken into two pieces to keep the plan sheets a reasonable size. B. Wetland Issues + The joint notification regarding the wetland issues was mailed on September 1, 1999, therefore the 3D-day comment period will end on October 1, 1999. After that date, Steve Rohlf can bring the wetland issue to the City Council for action. \\SPNWFSWOL 1\DATA\PROJ\807taQ\!d(gJJJJi'p~r~en Company. CONSULTING ENGINEERS ~r. Scott Harlicker WSeptember 15, 1999 Page Three . The developers should verify whether or not a Corp of Engineers permit is necessary .for any of the wetland issues on the project. C. Septic System Analysis' ') . . City staff asked the developers to perform soil borings on selected lots to determine the suitability of the lots for septic systems. Ten lots were selected for this 'analysis. The developers hired Eco-Systems Engineers, Inc. of Elk River to perform this analysis. They performed soil borings on these 10 lots on September 1, .1999 and provided a written report summarizing the borings on September 2, 1999. The report indicates that 5 of the lots tested would require mound septic systems because of the seasonally high water table found on these lots. The report goes on to estimate that the area required for a mound drain field is approximately 3400 square feet. Therefore a primary and secondary location would require a total of 6800 square feet. There are several lots where it is questionable whether or not adequate space could be provided for the primary and secondary septic location assuming a mound system. We did a cursor review of the grading plan relative to this information and believe that it would be difficult to build two mound systems on Lot 8, Block 1 and also potentially on Lot 4, Block 3. Lot 7, Block 1 may also be difficult given the topography of the area available for septic systems proposed. On lots 10 and 11, Block 2 it will be virtually impossible to provide 6800 square feet for septic systems between the easement protecting the wetlands and the grading limits. Given this information, we would recommend that the developer go back and further analyze the lots to determine if there are any other ones requiring mound systems, then reevaluate the lot layout to ensure that the 6800 square feet can be provided on each lot requiring a mound system. This work should be done before any final plat is considered and these areas need to be identified and protected before any grading of the site has begun. . In lots where it is tight to provide two locations for a septic system the location of wells on the adjacent lots could also be an issue. The setback of a septic system from a deep well is required to be 50-feet. Well locations, where necessary I should be noted on the plans so that a well is not placed in a location which impacts the septic systems on an adjacent lot. D. Storm Drain Calculations . There are a number of storm sewer runs on the project which exceed the 10-feet per second maximum velocity. These would include: 1. CB 9 to CB 8 2. CB 8 to OL 1 3. CB 7 to OL 6 4. CB 25 to OL 26 These runs of storm sewer should be reevaluated to determine if the maximum velocity can be lowered to below 10-feet per second. " ). O:\PROJ\807640j\0240\640-1501'S~ward R. Green Company CONSULTING ENGINEERS e) e) e) Mr. Scott Harlicker September 15, 1999 Page Four . No details were submitted to show how the outlet structures for ponds 1 and 2 will be constructed and operated. These details need to be submitted with the final construction plans. These outlets need to be the type that will trap floating debris. . The identification of the ordinary high water mark will have an impact on NURP pond number 2. The pond will need to moved to the north to stay above and out of the ordinary high water elevation. . 1 DO-year high water elevations should be shown for the proposed ponds. The top of the berm should provide for a minimum of 1-foot of free board above the 1 DO-year high water level. If you have any questions or would like more detail on any of these comments please call. Sincerely, Howard R. Green Company ~-'~~. Terry- J.J~urer, P.E. ',I", O'\PROJ\807640'\0240\640-1501.sti9JCYard R. Green Company . J P CONSULTING ENGINEERS V~/~V/~~ v~.v~ r~ "t:::i v... ECO SYSTEMS ENGINeeRING. INC. 333 East Main Street P.O. Box 38S Elk River. MN 55330 (612) 441-7509 (BOO) 554-7509 Fax: (612) 441.9176 September 2, 1999 FILE #S991oo1 Neal KIZyzaniak Bridgeland Development 20141 Icenic Trail, Suite B Lakeville, MN 55044 ;. . Dear Neal: ." As requested, Eco Systems Engineering completed 10 soil borings on lots located within Preserve Estates. located in the SW ~ Sec.-23. T. 33 N., R 26 W. of Sherburne County. MN. The borings were completed on September 1. 1999, and their locations have been staked and flagged The borings were done to determine what type of individual sewage treatment system can be placed in the proposed treatment system sites on each lot. The soil boring logs. soil survey information. and approximate locations of the borings are enclosed. . Please keep in mind additional soil borings and pere tests must be conducted within the actual drain field sites once the homes have been staked. Pending these final site locations, the results of these additional borings may indicate a different type of septic system than outlined below. The Sherburne County soil survey was also reviewed prior to our visit, and our findings closely correspond with the existing mapping ofEckvoll, Stonelake-Nebish, and Beltrami soils on the site. Block 2, LOiS "io'aii.d Yi (Soil Borings #01, #02); Block I, Lots} and 8 (Borings #06, #07); and Block 3; LOt 4 (Soil Boring #10) would require mound septic systems. The depth to seasonal high water table on these lots ranges from 12" to 48" from the soil surface. A 3 bedroom home (2 bedrooms + finished basement) will require approximately 2,800 sq. it. of area each for the primaIy and alternate drain field sites; a 4 bedroom home (3 bedrooms + finished basement) win require approximately 3AOO sq. ft. fOT each drain field site. . Block. 2, Lots 7, 8~ arid 9 (Soil Borings #05, #04, #03), Block 1, Lot 9 (Boring #08), and Block 2, Lot 1 (Soil Boring #09) would support in-ground trench septic systems. The depth to seasonal high water table on these lots ranges from 54" to not observed within 62" from the soil surface. A 3 bedroom home on these lots will requite approximately 470 to 625 sq. ft. of area each for the primaIy and alternate sites; a 4 bedroom home will require approximately 630 to 830 sq. ft. of area. . . . Uii:)/ J.VI V,;;} v.;J.. VU .r..~ 't!:l UJ . Neal KrzyzaniakIBridgeland Development Page Two September 2t 1999 Based on my field observations, careful drain field placement will be essential on . BloclC3,Iiif4 'in order to avoid placing the drain field in areas subject to pending. Please contact Bco. Systems at 441-7509 if you have any questions or require fwther infonnation. ..:. Enclosures: 16.. . cc w/enclosures: Peter Knaeble, Terra Engineeri11& 6001 Glenwood, Mpls. 55422 cc w/out enclosures: Steve Rohlf, City of Elk River. 13065 Orono Road, Elk River 55330 , f SDSK\PROJ\7~~IR-PLAT.d~9 Thu Aug 19 12: 13:21 1999 THOMAS ) . . , r ."... 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