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10 PCSR 03-23-1993 - / _\( ITEM 10 Ilk ''.3 of TO: PLANNING COMMISSION 1kRiver FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: MARCH 18, 1993 f:/-, SUBJECT: PRELIMINARY PLAT REVIEW OF THE PLAT OF MISSISSIPPI OAKS AND ASSOCIATED CONDITIONAL USE PERMIT BY IRV MOLDENHAUER/PUBLIC HEARING, CASE NO. P 93-05 AND CU 93-08 APPLICANT Irvin Moldenhauer, 12860 Orono Road, Elk River, MN. REQUESTED ACTION Preliminary plat review of a play. consisting of 155 lots, proposed to be accomplished in 5 phases and approval of a conditional use permit to excavate a sedimentation pond in the floodway of the Mississippi River. SITE ZONING • Rlb and Rid, Single Family Residential SURROUNDING ZONING All directions, Single Family Residential LEGAL DESCRIPTION Government 3, Section 5, Township 32, Range 26, and part of the SW 1/4 of the SE 1/4, Section 32, Township 33, Range 26, lying south of County Road 30. A map showing the general location of the affected property is attached. OVERVIEW Mr. Moldenhauer is proposing a preliminary plat consisting of 155 single family lots served by City sewer and water, to be accomplished in 5 phases . The total site consists of 62 acres . The first phase is proposed to be 37 lots . FINAL PLAT APPROVAL OF FUTURE PHASES Section 1008 . 08 ( 1) (c) states that final plat must be submitted within 1 year after the date of apprc ,gal of preliminary plat. • If this is not done, the preliminary plat will be considered void (unless for good cause, a reason for granting an extension, can be shown) . This will affect the future phases 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 Preliminary Plat, Iry Moldenhauer Page 2 March 18, 1993 . of this plat. The developer must request this extension prior to the 1 year period ending. LOT SIZES 1 . Rlb: The northern portion of this site is zoned Rlb. The minimum lot size in this zone is 12,000 square feet with 80 feet of frontage, with the exception that corner lots need a minimum dimension of 100 feet. Setbacks for this zone are 35 ' front, 10 ' side, and 15 ' rear. 2 . Rid: The following lots falls within the Rid zone, which is the southern tip of the plat: Lots 10-19, Block 2, Phase II, Lots 1-8, Block 3, Phase II, Lots 5-7, Block 4, Phase II, Lots 11-13, Block 2, Phase III, Lots 1-5, Block 3, Phase III . These lots are required to be 14,000 square feet in size with a minimum width of 90 feet, with the exception that corner lots need a minimum width of 100 feet. 3 . Riparian Lots : Lots 1-6, Block 3, Phase II, abuts the Mississippi River, therefore, they are considered Riparian lots and are subject to Wild and Scenic River standards . These standards are a minimum of III 15,000 square feet with a width of 90 feet and a 100 foot setback from the ordinary high water mark. Front and side setbacks would be regulated by Rid standards. There are lots within this preliminary plat that do not meet these standards because of width or size. Staff recommends that phase by phase lot sizes and widths are adjusted to meet these standards prior to final plat. This will result in a reduction of the total number of lots . CITY PROJECT Mr. Moldenhauer has petitioned to have the public improvements in this plat be accomplished as a City project. If the City Council accepts this petition, the cost of the improvements would be assessed back to the lots . The first step in this process is a feasibility study. This is typically ordered by the Council after they review preliminary plat so the developer has some assurance that the design of the plat will not have major changes . It is typical that the developer escrow with the City an amount equal to the engineer' s estimate of what the feasibility study will cost. As a City project, the City Engineer will be doing the design of sewer and water, storm sewer, and streets . The attached • memo from Terry Maurer, City Engineer, dated March 16, 1993, comments on the developers proposed drainage plan. His comments must will be incorporated in the plans and specs for this plat. Preliminary Plat, Iry Moldenhauer Page 3 March 18, 1993 411 SEDIMENTATION POND A sedimentation pond for the storm drainage from this plat and the plat of Heritage Landing is proposed adjacent to the east of Lots 7 , Block 3, Phase IV, and Lot 14, Block 2 , Phase V. The purpose of the sedimentation pond is to remove impurities from the storm water prior to it being released to the Mississippi River. The location of this pond is within the floodway of the Mississippi River next to a backwater. The DNR does not consider this stretch of backwater being part of the river because there is a high point that physically separates the actual riverbed from it. A DNR permit is not required for this sedimentation pond. Staff is waiting for comments from the Army Corps of Engineers to make sure they have the same interpretation as the DNR regarding this backwater not being part of the Mississippi River. If the Corps ' interpretation is the same as the DNR' s and the sedimentation pond is built above the ordinary high water mark of the adjacent backwater, a Corps permit will not be needed. This sedimentation pond will be constructed as part of the City project, therefore, it will be the City acquiring the necessary permit from the Corps . CONDITIONAL USE PERMIT • In any event, according to Section 902 . 06 ( 3) (b) of the Elk River Code of Ordinance, a conditional use permit will be required for the creation of this sedimentation pond because it is located within the floodway of the Mississippi River. Staff is recommending approval of the conditional use permit for the excavation of this pond with the following stipulations : 1 . THE EXCAVATED MATERIAL IS REMOVED FROM THE FLOODWAY. 2 . THE EXCAVATION TAKES PLACE ABOVE THE ORDINARY HIGH WATER MARK OF THE ADJACENT BACKWATER. 3 . AN ARMY CORPS OF ENGINEERS PERMIT IS OBTAINED, IF REQUIRED. 4 . THE SIDE SLOPES OF THIS SEDIMENTATION POND MEET CITY STANDARDS FOR SAFETY REASONS. TREE REMOVAL The first phase of this plat does not require any significant tree removal . Future phases, especially those in the southern portion of the plat, will necessitate the removal of trees . Stumps should not be left in this plat after the removal of 411 trees and care should be taken not to damage remaining trees . Specific tree protection stipulations should be placed on these future phases during final plat review. Preliminary Plat, Iry Moldenhauer Page 4 March 18 , 1993 • PARK DEDICATION It is logical that a proposed trailway connecting Orono Park and a proposed regional park adjacent to the east of this property be constructed through this plat. It may also be logical that some kind of a neighborhood park within the plat is established. These issues will be addressed by the Park and Recreation Commission at their April 7 , 1993, meeting. ROAD NAMES Staff is proposing the following changes to the names of the streets within the plat. 1 . Fresno Street, south of 180th Avenue, be named Fresno Court. 2 . 180th Lane be named 180 1/2 Lane. 3 . 181st Drive be named 181st Circle. 4 . 182nd Circle be named 182nd Court. Staff feels that Riverview Drive (within the plat) is • appropriately named. Our ordinance states that once a pattern is established it shall be continued, as is the case with this road. CUL-DE-SACS Staff agrees with Mr. Maurer' s comment in his memo (#12) regarding cul-de-sacs . Five of the 6 cul-de-sacs could be eliminated, however, the layout of the streets has good traffic flow. If the cul-de-sacs remain, the lot layout in the plat may need to be adjusted so side lot lines line up to accommodate the looping of water lines from one cul-de-sac to the next. One additional cul-de-sac was originally proposed in this plat at the south end of Riverview Drive. There is an existing cul-de-sac on Riverview Drive to the west of this plat. Staff felt leaving these cul-de-sac separated did not allow for good traffic flow and the developer adjusted the plat accordingly. DEVELOPMENT PLAN Staff is concerned with lowest floor elevations for houses, garage elevations, and lot drainage patterns to ensure houses built in this plat do no have water problems . Staff is recommending a development plan is approved prior to final plat 411 review. Preliminary Plat, Iry Moldenhauer Page 5 March 18, 1993 • OTHER APPROVALS Other approvals required in this plat include: 1 . Department of Health permit for the extension of water (City responsibility) . 2 . MPCA permit for the extension of sewer (City responsibility) . 3 . NPDES permit for grading (City will need this permit for grading the roads, however, the developer may also need this permit for grading the lots) . 4 . County Engineering approval and construction permit for accesses entering onto County Road 30 (City responsibility) . The County will also be requiring an additional 17 feet of right-of-way along County Road 30 making the total right-of-way 50 feet wide from center line. An environmental assessment worksheet will not be required for this plat because the City of Elk River has certified with the . Environmental Quality Board that certain planning efforts have taken place in Elk River. The threshold for mandatory EAWs has increased from 100 lots to 250 lots . RECOMMENDATION Staff is recommending approval of the preliminary plat of Mississippi Oaks with the following stipulations : 1 . THIS PRELIMINARY PLAT REQUEST IS VALID FOR 1 YEAR FROM THE DATE OF APPROVAL UNLESS AN EXTENSION IS GRANTED BY THE CITY COUNCIL. 2 . LOT SIZES AND WIDTHS ARE APPROPRIATELY ADJUSTED PRIOR TO SUBMITTAL OF FINAL PLAT. 3 . THE CITY ENGINEER PREPARES THE PLANS AND SPECS FOR ROAD, SEWER AND WATER, AND STORM DRAINAGE. 4 . PARK DEDICATION BE $400 . 00 PER LOT AND/OR LAND DEDICATED FOR TRAILS AND/OR PARK ACCORDING TO THE FORTHCOMING RECOMMENDATION FROM THE PARK AND RECREATION COMMISSION. 5 . SPECIFIC TREE PROTECTION CONDITIONS ARE PLACED ON FINAL PLAT. 6 . ROAD NAMES ARE CHANGED AS IDENTIFIED IN THIS MEMO. Preliminary Plat, Iry Moldenhauer Page 6 March 18, 1993 • 7 . LOT LINES BETWEEN CUL-DE-SACS ARE ADJUSTED AS NECESSARY TO PROVIDE FOR THE LOOPING OF WATER LINES . 8 . A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO FINAL PLAT APPROVAL. 9 . THE FOLLOWING PERMITS ARE OBTAINED: DEPARTMENT OF HEALTH, MPCA, NPDES, AND COUNTY ENGINEERING. 10 . 17 FEET OF ADDITIONAL RIGHT-OF-WAY IS DEDICATED TO THE COUNTY FOR MISSISSIPPI ROAD. 11 . PROVISIONS ARE MADE TO ACCOMMODATE THE EXTENSION OF URBAN SERVICES TO THE EXCEPTION IN THE NORTHWEST CORNER OF THIS PLAT. 12 . A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL. 13 . A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS IS PROVIDED TO THE CITY BY THE DEVELOPER PRIOR TO RECORDING THE PLAT (OR WHATEVER PERCENTAGE IS REQUIRED BY CITY POLICY) . • 14 . THE COMPLETION DATE FOR THE IMPROVEMENTS IN THE PLAT IS ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL. 15 . THE DEVELOPER MUST REIMBURSE THE CITY FOR THE ESTIMATED COST OF REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW. CONDITIONAL USE PERMIT FOR SEDIMENTATION POND Staff feels that the creation of a sedimentation pond to aid in water purification and storm water retention, meets the seven standards set forth in Section 900 .42 of the Elk River City Code of Ordinancs with the following stipulations : 1 . THE EXCAVATED MATERIAL IS REMOVED FROM THE FLOODWAY. 2 . THE EXCAVATION TAKES PLACE ABOVE THE ORDINARY HIGH WATER MARK OF THE ADJACENT BACKWATER. 3 . AN ARMY CORPS OF ENGINEERS PERMIT IS OBTAINED, IF REQUIRED. 4 . THE SIDE SLOPES OF THIS SEDIMENTATION POND MEET CITY STANDARDS FOR SAFETY REASONS . • • • • / / — , _ _ // . . /' , VICINITY SKETCH ...... - , ,,‘,._,...,___.jt,_,,,,, ,, �/ , ,.,„._,/-- " -, , ....." .0 . l4 0: • •....!i..w.-J° fir_--.-....., :_,-.7--... _ .7----,,, ,.1« •I ,( +J J 86,n 4vE z '10111 � A /y IM ►-si;r: �z. Iy w i . / /yam iz Iw o. MB o z `\leIeM H * Sherburne County Court House z "'G a v w C.- 4� A.A. to I = �- ail s II ielra •vE K rzr '� n ti -7-1 y T ,�Jra Ay t,, .. �/ Ali �� �'D 1i Jar--�w'_ • jam^ M , °II •92ma rf^ Z - Uri,\ z <>1112 to Av 1 z f ✓ Z Z I* M1SS'SS'PP1 11 L1./ A n SR v(E0 C a O z 1 ; .. �y F rr, z C a D v �� y _ r•Z, D C r O \ � 14. T z 2 i `y Z try / N ,"10%., n ..4•••••,'-';''---". '.......4A -� ��� z i .--- 4.-z....!........ I �`\ f q L. z 4 / %"� �/ `` �� w Opt n 5� D4IVE .frA11111111:1° i . ERBURN 4._a..,-..,. i.— ^1 .. -tAW6�= \-- z -.,- . : __ _ o. 1/`- ^ _ter . eneN PROPOSED MISSISSIPPI OAKS SHERBURNE COUNTY ABSTRACT & TITLE CO. _ 1 • PAT RASMUSSON PRESIDENT CATHY BAILEY SEC./TREAS. BONI CULLEN MANAGER February 2,1993 Based on the examination of real estate records I find the following are property owners within 350 foot radius of the land described as: Government Lot 3 5-32-26 Richard Kincanon-13375 Joplin St NW Elk River, Mn 55330 Kendall Houlton-729 Main St Elk River, Mn 55330 Irvin Mouldenhauer-12860 Orono Rd Elk River, Mn 55330 Donald Strei-12816 Mississippi Rd NW Elk River, Mn 55330 Margaret Swanson-18132 Fresno St NW Elk River, Mn 55330 Tom Newstrom-18141 Fresno St Elk River, Mn 55330 Jeff Bulger-13131 Mississippi Road Elk River, Mn 55330 Harry Lakoduk-13407 Mississippi Rd Elk River, Mn 55330 Robert Turcotte-18184 Albany St NW Elk River, Mn 55330 Kirk Grupa-2811 7th Ave N Anoka, Mn 55303 Scott Knealing-18172 Fresno St Elk River, Mn 55330 • Jim Hecker-13196 Mississippi Rd Elk River, Mn 55330 Lee Ecklund/Marsha Henderson-18232 Albany St NW Elk River, Mn 55330 Arlys Schober-18216 Albany St NW Elk River, Mn 55330 Virgil Sonju-18204 Albany St NW Elk River, Mn 55330 Derrick Doddington-13730 85th Ave N Maple Grove, Mn 55369 Kenneth Wells-13109 Mississippi Rd Elk River, Mn 55330 E Jacobson-13100 183rd Ave NW Elk River, Mn 55330 Jerry Olson-13084 182nd Ave NW Elk River, Mn 55330 Jim Lundquist-11185 Mississippi Rd Elk River, Mn 55330 Matt Herrrnelgarn-13041 Mississippi Rd Elk River Mn 55330 Will Johnson-13073 Mississippi Rd Elk R ver, Mn 55330 Jay Poffenberger-12999 Mississippi Rd ElK River, Mn 55330 Dennis Ethen-12955 Mississippi Rd Elk River, Mn 55330 Bob Stuefen-12903 Mississippi Rd Elk River, Mn 55330 Jack Longie-12925 Mississippi Rd Elk River, Mn 55330 Jan Olson-12935 Mississippi Rd Elk River, Mn 55330 Gerald Sonterre-12969 Mississippi Rd ELk River, Mn 55330 DILL 1- DA!P- <O, UoX & . ?Iou1 M�! 01110, c ' CULL", waw En• . • C n, v�0 •,i a�' 317 KING AVENUE • ELK RIVER, MINNESOTA 55330 • (612) 441-3280 1 1/•iiw•�sotss ML7 4 Affiliated with American Land Title Association I OAR - 1 7 - 9 :3 WED 9 : 1 3 M A I E R S T E W A R T & ASSOC . P _ 0 9 lei? / a0 1 CONSULTING ENGINEERS miMaier Stewart & Associates Inc. March 16, 1993 File: 230-164-11 Mr. Steve Rohlf Building and Zoning Administrator City of Elk River 720 Dodge Avenue NW Elk River, MN 55330 RE: MISSISSIPPI OAKS PRELIMINARY PLAT Dear Mr. Rohlf: As requested, we have reviewed the preliminary plat for the Mississippi Oaks development. Based on IIour review, we would offer the following comments: 1. The preliminary plat and grading plan were prepared by John Oliver and Associates, and were dated February 23, 1993. 2. The plat contains approximately 62 acres divided into 155 lots. Zoning of the area is primarily Rlb (single family residential) with portions of the property zoned Rld (single family residential) and wild and scenic. The development is shown divided into five phases. The first phase is in the northwest portion of the plat adjacent to the Heritage Landing development. 3. The grading plan shows several low points in rear lots which are proposed to be picked up with storm sewer. These potentially could prove to be maintenance problems in the future. A better alternative would be to revise the grading plan to get these areas to drain to the street. 4. There is a low point shown on Riverview Drive (approximately station 7+50) which is not shown to be picked up by storm sewer. A revision to the proposed storm sewer system to service this area is required. 5. Sherburne County will require the dedication of an additional 17 feet of right-of-way on CSAH 30 (Mississippi Road). Also, two of the three proposed internal streets intersecting with CSAH 30 (Fresno and Concord) are relatively steep. The grading plan should be revised to include a • less steep "landing" arca at these intersections. 6. The flood plain should be clearly delineated on the preliminary plat. 7. All storm sewer should be discharged to a sedimentation pond prior to outletting to the Mississippi River. The developer has previously indicated a desire to cooperate with the Heritage Landing developers to create a joint sedimentation pond serving both developments. 41110 -- 1 7 - NE D 3 : 1 4 Y•1Fi I EF: = TELJART r. ASc C _ F _ 1 0 Mr. Steve Rohlf March 16, 1993 Page Two Council including the sedimentation pond. DNR and C of E permits probably are not required for the sedimentation pond; however, a conditional use permit may be required based on the City's Flood Plain ordinance. 8. The grading plan shows development elevations for only Phase 1. Soil borings indicating water table and/or mottled soil elevations are necessary to review the development plan. The plan shows some home sites with only 2.5 feet difference from front to back. It is unclear what type of home this indicates. 9. The developer has petitioned for utility and street improvements. This petition will not be considered by the City Council until they review the preliminary plat. City sanitary sewer and water will access the site from the trunk facilities located in Orono Road at the southwest corner • for the City Hall site. The route from the existing utilities to the proposed plat is along Fresno and through Orono Lake 3rd Addition. It is recommended the water system also be looped either to the intersection of Main Street and Orono Road, or back to the trunk line within Orono Road. Also, provisions need to be made to loop the water in the cul-de-sacs internal to the plat. Easements will need to be provided for this work. The entire first phase can be served by gravity sanitary sewer. However, future phases fall off toward the river; therefore, a lift station will be required with future phases. 10. The storm sewer internal to this development needs to be oversized to provide capacity of the area north of CSAH 30. 11. Riverview Drive is shown connecting to the existing Riverview Drive in Palmer's 1st Addition. This connection makes sense for continuity in the City street system. - 12. The preliminary plat shows six cul-de-sacs. Overall, however, the plat has a reasonable traffic pattern. By connecting roads, it would be possible to eliminate five of the six cul-dc-sacs. These cul-de-sacs are desirable to the developer, but cause problems for snow removal and other maintenance activities. It is recommended that all cul-de-sacs be provided with a properly located "bank" of mailboxes and paper boxes to eliminate one for the snow plowing problems. If you have any questions regarding any of these comments, please call. • Sincerely, MAIER S 1'EWART & ASSOCIATES, INC.