11 PCSR 03-23-1993 ,( , _\( ITEM 11
\*
egof TO: PLANNING COMMISSION
lk River FROM: STEPHEN ROHLF, BUILDING AND ZONING
ADMINISTRATOR
DATE : MARCH 19 , 1993
SUBJECT: PRELIMINARY PLAT AND VARIANCE
REQUEST ASSOCIATED WITH THE PLAT
OF MEADOWVALE HEIGHTS BY DENNIS
BACKES/PUBLIC HEARING, CASE NO.
P 93-04
APPLICANT
Dennis Backes, developer, and Mrs . Virginia Barnier, property
owner.
REQUESTED ACTION
Preliminary plat review of a 113 lot subdivision on 121 acres
proposed to be served by City sewer and water and a 720 foot
encroachment on the maximum length of a dead-end road.
SITE ZONING/LAND USE
• Ric, Single Family Residential
SURROUNDING ZONING
Single Family Residential in all directions .
LEGAL DESCRIPTION
The SE 1/4 of the NW 1/4 of the NW 1/4 of the SE 1/4 and the SW
1/4 of the NE 1/4 , Section 29 , Township 33, Range 26 , Sherburne
County, Minnesota. A map showing the affected area is attached.
OVERVIEW
Mr. Backes is proposing to plat 80 acres of the 121 acres owned
by Mrs . Barnier. This plat will consist of 113 single family
lots served by City sewer and water and is proposed to be
developed in 2 phases .
PRELIMINARY PLAT DATA
Attached is a memo from Terry Maurer, City Engineer, dated
March 16, 1993 . As Mr. Maurer indicates in his memo under A3,
there is number of items lacking on the preliminary plat
ill drawing. One of these items is the boundary between phases .
The preliminary plat drawing will need to have the appropriate
information prior to the City Council reviewing the preliminary
plat.
720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420
PP & Variance, Meadowvale Heights Page 2
March 19, 1993
• DURATION OF APPROVAL
Mr. Backes will immediately follow up the preliminary plat
approval with final plat review of the 1st phase. Final plat
approval for the 2nd phase will need to occur within 1 year of
the date of preliminary plat approval or it will be considered
void (unless for a good cause an extension is granted by the
City Council) . This extension should be requested prior to the
1 year period ending.
PUBLIC IMPROVEMENTS
Mrs . Barnier and Mr. Backes have petitioned the City to have
trunk sewer and water lines extended from their present
location, westerly to the plat. The affected area map shows
the approximate location of the extension of these trunk
facilities . Mr. Backes is proposing to accomplish the public
improvements internal to the plat without City funding.
WETLANDS
Three wetlands are proposed to be filled to accomplish this
plat. For review of wetland issues, staff refers the Planning
Commission to sheet 4 provided by the developer, "Wetland
Mitigation Plan. " It appears the northern most wetland is
• being filled only to accommodate lots . This may also be the
situation with the southern most wetland. The filling of the
middle wetland is to accommodate the placement of a proposed
road in a logical location opposite the existing 193rd Avenue,
east of the plat.
The City is the local governmental unit administering the
interim rules of the wetland conservation act. The filling of
these wetlands will have to go through a permitting process
requiring the following:
1 . Delineation of wetland boundaries (Developers
responsibility) .
2 . Joint notification of all applicable governmental
agencies, most notably the DNR and Army Corps of
Engineers, (Developers responsibility) .
3 . Review by the technical evaluation panel which
consists of a representative of BWSR, the City
Engineer, a representative of the Sherburne County
Soil and Water Conservation Service, and Gary Schmitz
of the City of Elk River. This board will make the
final decision whether or not these wetlands can be
filled. However, other State agencies can veto the
filling of these wetlands . There is some question
whether or not the wetlands that are being filled to
accommodate lots meet the intent of the wetland
conservation act. Whatever wetlands are filled,
PP & Variance, Meadowvale Heights Page 3
March 19, 1993
411 mitigation on an acre per acre basis is required.
The location of the proposed mitigation is shown on
the Wetland Mitigation Plan.
The southern most road in the plat is proposed to cross a
County ditch, which is also a DNR protected stream. However, a
DNR permit is not required. Staff is awaiting comments from
the Army Corps of Engineers regarding this crossing. Staff
will also be contacting the Sherburne County Ditch Inspector to
receive his comments regarding the crossing of this ditch and
other comments regarding the affects of the drainage from this
plat on the County ditch system. Staff anticipates the County
requiring easement over the ditch being reflected on the plat.
The ownership of the large wetland areas in this plat will need
to be thought through. The options are:
1 . City ownership, which would require access for
maintenance purposes .
2 . Have the wetlands included as parts of the individual
lots but protected with drainage easements .
3 . Have the wetlands made outlots, which typically go
tax forfeit and end up in City ownership anyway.
The benefit of City ownership is control of the use of the
wetlands . However, City ownership would most likely mean we
would receive ditch assessments for maintenance of the County
ditch system. Staff will inquire whether or not the County
wants to own the property for their ditch. Ownership is an
overall policy issue that is being explored by the City
Engineer in the City Storm Water Management Plan. The
ownership issue will need to be resolved prior to this plat
receiving final plat approval .
Staff agrees with Mr. Maurer' s comments regarding the
buildability of several lots in the plat being dependant on the
determination of the exact boundary of the wetlands . Most
notably, lots 17, 18, and 19 on the northern side of the
southern most cul-de-sac.
DEVELOPMENT PLAN
Staff is especially concerned that an adequate development plan
is provided for this plat because it is an area with numerous
wetlands . The development plan needs to be based on soil
borings . Staff is recommending the development plan be
approved by staff prior to the City Council acting on final
plat.
PP & Variance, Meadowvale Heights Page 4
March 19, 1993
•
GRADING AND DRAINAGE
Staff concurs with Mr. Maurer' s comments in his memo under item
C, Grading Plan. Staff is recommending all site grading needed
to accomplish drainage in the plat be done by the developer at
the same time as the road grading and not left to individual
builders to accomplish.
LOT SIZES
The property is zoned Ric, single family residential . Minimum
lot sizes are 10, 000 square feet in size with a minimum of 80
feet of frontage, except corner lots which are required a
minimum dimension of 100 ' along adjoining streets .
There is an exception to the frontage requirement where lot
lines do not run parallel . This is the case with cul-de-sac
lots and lots on corners . The lots proposed in this plat
appear to be adequate for lot size, but some lack proper
frontage.
Lot 38, Block 4, contains Mrs . Barnier' s existing house. The
proposed lot lines around this house conform to the setbacks
required in an Rlc zone, which are 10 feet side and rear and 30
411 feet front.
Appropriate side, rear, and front yard drainage and utility
easements will be required.
FUTURE ROAD EXTENSIONS
The developer has provided for a future road extension to
access unsubdivided property lying north of his plat. This is
an appropriate location for an extension of this street.
There is an easement that runs from 192 1/2 Avenue (in the plat
of M-Vale) easterly to the SW corner of this plat (adjacent to
the railroad tracks) . Staff feels there is no need to make
this connection.
No provision has been made to access Mrs . Barnier' s western
most 40 acres from this plat. Allowing for this would mean the
elimination of at least 1 lot, but would also allow the City
access to the adjacent wetland, if it is in City ownership.
Also, a corridor for looping water lines to the western 40
acres may be necessary.
Mrs . Barnier' s western 40 acres does have access via an
easement off the end of the cul-de-sac on 192 1/2 Avenue ( in
• the plat of M-Vale) . It may be more appropriate that this
western 40 acres is accessed from the north when adjacent
unsubdivided properties are platted.
PP & Variance, Meadowvale Heights Page 5
March 19 , 1993
• UNDEFINED PARCELS
Mrs . Barnier' s western 40 acres should be labeled an outlot or
exception since it has been included in the plat boundary.
Also, the large wetlands included within the plat boundaries
may be most appropriately labeled outlots, depending on
ownership. Further lands adjacent to the wetland in the
southeast corner of the plat have been left unattached. The
use and ownership of these properties should be determined.
STREET NAMES
Staff is wrestling with errors made long ago regarding street
names . The street in the southern end of the plat labeled 192
Avenue lies south of where that number falls on the City' s grid
system and north of where 192 Avenue is actually situated,
(south of the railroad tracks) . There is no good answer to
naming this street, however, staff feels the least
objectionable name is Elgin Drive. Staff proposes Elgin Drive
run from Meadowvale Road on the south to Denver Street on the
north (eliminating the northern 193 1/2 Avenue as identified on
the plat) . Staff further recommends that the southern 193 1/2
Avenue identified on the plat be renamed 192 1/2 Court, Denver
Street south of 193 Avenue be renamed Denver Circle, 194 Avenue
is renamed 195 Avenue, and Elgin Street in the north end of the
• plat is renamed Elgin Court south of staff ' s proposed 195th
Avenue.
UPA EASEMENT
Running east and west through the approximate center of the
plat, is an United Power Association easement. The developers
must gain the approval of UPA to construct a road within their
easement. The lots affected by this easement all appear to
have adequate building site outside of the easement. However,
lot 23, block 4 is somewhat restricted.
OTHER APPROVALS
1 . MN Health Department permit for the extension of
water (City Engineer) .
2 . MPCA permit for the extension of sewer (City
Engineer) .
3 . NPDES permit for grading (Developer) .
4 . Construction permit from the County Engineering
Department for work done in the right-of-way of
Meadowvale Road (Developer) . The County Engineering
• Department has reviewed this plat and is requesting
an additional 17 feet of right-of-way for Meadowvale
Road. This may cause the elimination of some lots .
PP & Variance, Meadowvale Heights Page 6
March 19 , 1993
• 5 . County approval of the ditch crossing and County
review of overall drainage as it relates to the
County ditch system (Developer) . All portions of the
County ditch system must be protected by, at least,
easements . Also, the developer will have to work
with the County on a reapportionment of ditch
assessments .
6 . Army Corps of Engineers permit for the ditch
crossing, if needed (developers responsibility) .
PARK DEDICATION
There are no proposed parks identified in the City
Comprehensive Plan within the boundaries of this plat, however,
there is a proposed trail . The Park and Recreation Commission
will be considering this plat at their April 7 , 1993, meeting.
EAW
Environmental Assessment Worksheet will not be needed for this
plat because it falls short of the 250 lot threshold for
mandatory EAW.
RECOMMENDATION
• Staff is recommending preliminary plat approval for the plat of
Meadowvale Heights with the following stipulations :
1 . FINAL PLAT BE SUBMITTED WITHIN 1 YEAR FOLLOWING THE
DATE OF CITY COUNCIL PRELIMINARY PLAT APPROVAL,
UNLESS AN EXTENSION IS GRANTED BY THE CITY COUNCIL.
2 . THE DEVELOPERS AMEND THEIR PRELIMINARY PLAT DRAWING
TO PROVIDE THE REQUIRED INFORMATION PRIOR TO THE CITY
COUNCIL ACTING ON PRELIMINARY PLAT.
3 . IN ORDER FOR THE DEVELOPERS TO FILL WETLANDS, THEY
MUST A) DELINEATE THE WETLANDS ACCURATELY; B) PROVIDE
JOINT NOTIFICATION TO THE REQUIRED STATE AGENCIES AND
GAIN THEIR APPROVAL; C) GAIN THE APPROVAL OF THE
TECHNICAL EVALUATION PANEL; AND D) MITIGATE THE
FILLED WETLANDS AT A RATIO OF AN ACRE PER ACRE .
4 . A MINNESOTA DEPARTMENT OF HEALTH PERMIT IS OBTAINED
FOR THE EXTENSION OF WATER.
5 . AN MPCA PERMIT IS OBTAINED FOR THE EXTENSION OF SEWER.
6 . AN NPDES PERMIT IS OBTAINED FOR GRADING.
• 7 . A CONSTRUCTION PERMIT IS OBTAINED FROM THE SHERBURNE
COUNTY ENGINEERING DEPARTMENT AND 50 FEET OF RIGHT-
PP & Variance, Meadowvale Heights Page 7
March 19 , 1993
. OF-WAY FROM THE CENTER LINE OF MEADOWVALE ROAD IS
DEDICATED TO THE COUNTY.
8 . THE DEVELOPER GAIN COUNTY APPROVAL FOR CROSSING THE
DITCH WITHIN THE PLAT AND THE DRAINAGE PLAN FOR THE
PLAT INCORPORATES COUNTY COMMENTS REGARDING THE
AFFECTS OF PLAT DRAINAGE ON THE COUNTY DITCH SYSTEM.
FURTHER, THE DEVELOPER CONTACT SHERBURNE COUNTY
REGARDING A REAPPORTIONMENT OF THE DITCH ASSESSMENT
TO THE VARIOUS LOTS IN THE PLAT.
9 . THE ISSUE OF OWNERSHIP OF THE LARGE WETLANDS WITHIN
THE PLAT RESOLVED ACCORDING TO ESTABLISHED CITY
POLICIES PRIOR TO THE CITY COUNCIL ACTING ON FINAL
PLAT.
10 . A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO
FINAL PLAT.
11 . THE SITE GRADING NEEDED TO ACCOMPLISH DRAINAGE IS
DONE AT THE SAME TIME AS THE ROAD GRADING, BY THE
DEVELOPER, AND NOT LEFT TO FUTURE HOME BUILDERS TO
ACCOMPLISH.
12 . FRONTAGES ARE ADJUSTED TO MEET THE MINIMUM 80 FOOT
111 WIDTH ON LOTS 17 AND 18, BLOCK 3, AND LOT 29 OF BLOCK
4 .
13 . THE WESTERN 40 ACRES INCLUDED IN THE PLAT BOUNDARY IS
LABELED AN OUTLOT.
14 . THE LARGE WETLANDS AND OTHER UNATTACHED PROPERTY IN
THIS PLAT ARE EITHER INCLUDED IN LOTS OR LABELED
OUTLOTS, DEPENDENT UPON FUTURE CITY OWNERSHIP.
15 . THE STREET NAMES IN THE PLAT ARE ADJUSTED AS PER THIS
MEMO.
16 . THE DEVELOPER GAIN APPROVAL FROM UNITED POWER
ASSOCIATION FOR THE CONSTRUCTION OF A ROAD WITHIN
THEIR EASEMENT.
17 . PARK DEDICATION BE AS PER THE PARK AND RECREATION
COMMISSION' S RECOMMENDATION.
18 . THE CITY ENGINEER DESIGNS THE SEWER AND WATER LINES
INTERNAL TO THE PLAT, WHICH IS CITY POLICY, AND THE
OTHER RECOMMENDATIONS LISTED IN MR. MAURER' S MEMO
DATED MARCH 16 , 1993 ARE INCORPORATED IN THE DESIGN
OF THE OTHER IMPROVEMENTS WITHIN THE PLAT.
• 19 . ELGIN STREET ON THE NORTH END OF THE PLAT IS PROVIDED
WITH A TEMPORARY TURN AROUND LARGE ENOUGH TO
ACCOMMODATE SCHOOL BUSES AND EMERGENCY VEHICLES (WITH
PP & Variance, Meadowvale Heights Page 8
March 19 , 1993
• TEMPORARY EASEMENTS OUTSIDE OF THE 60 FOOT
RIGHT-OF-WAY, IF NEEDED) . FURTHER, THAT THIS ROAD IS
TARRED TO THE PLAT BOUNDARY.
20 . THIS PLAT IS CONTINGENT UPON A VARIANCE BEING
APPROVED FOR THE MAXIMUM LENGTH OF A DEAD-END ROAD.
21 . IMPROVEMENTS IN THE PLAT ARE TO BE COMPLETED WITHIN 1
YEAR FOLLOWING THE DATE OF FINAL PLAT APPROVAL.
22 . PRIOR TO RECORDING, THE DEVELOPER PROVIDE THE CITY
WITH A LETTER OF CREDIT FOR 100% OF ESTIMATED COSTS
OF THE IMPROVEMENTS WITHIN THE PLAT, OR AT WHATEVER
PERCENTAGE IS CITY POLICY AT THAT TIME. IN ADDITION,
A 25% WARRANTY BOND WILL BE REQUIRED FOR A 1 YEAR
PERIOD FOLLOWING CITY ACCEPTANCE OF IMPROVEMENTS IN
THE PLAT.
23 . ALL THE STIPULATIONS OF THE APPROVAL OF THIS PLAT ARE
AGREED TO THROUGH A DEVELOPERS AGREEMENT.
24 . THE DEVELOPER REIMBURSE THE CITY FOR THE COST OF
REVIEWING THIS PLAT PRIOR TO FINAL PLAT REVIEW.
25 . THAT LOT 8, BLOCK 3 HAS NO FRONTAGE ON 193RD AVENUE.
• VARIANCE REQUEST
Elgin Street, in the north end of the plat is 1220 feet in
length from the center line of Meadowvale Road to the end of
the right-of-way in the cul-de-sac, therefore, a variance is
needed. When this street is extended northward, for the
subdivision of property adjacent to the plat, this cul-de-sac
in question will meet the City' s current 500 foot length.
Staff refers the Planning Commission to Section 900 . 40 of the
Elk River Code of Ordinances, which contains the five standards
to consider when reviewing a variance request.
•
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SHERBURNE COUNTY ABSTRACT & TITLE CO.
• PAT RASMUSSON
PRESIDENT
CATHY BAILEY March 2, 1993
SEC./TREAS.
BONI CULLEN
MANAGER
Based on the examination of real estate records I find the following are property
owners within 350 foot radius of the land described as the Southeast Quarter
of the Northwest Quarter; Northwest Quarter of the Southeast Quarter and the
Southwest Quarter of the Northeast Quarter of Section 29, Township 33, Range 26,
Sherburne County, Minnesota.
Dennis Backes, 7026 Brooklyn Blvd. , Brooklyn Park, MN 55429
Ronald Nord % James Nord, 19806 Elk Lake Road, Elk River, MN 55330
John Nord, 19822 Elk Lake Road NW, Elk River, MN 55330
David Yaeger, Box 41, Elk River, MN 55330
Forest Oaks Condos, 19075 Xavier St NW, Elk River, MN 55330
Daniel Tveite, 13275 1922 Ave NW, Elk River, MN 55330
Secretary of Housing & Urban Deve. , 220 So. 2nd St. , Mpls. , MN 55401
Russell Gurney, 13350 192nd AVe NW, Elk River, MN 55330
Ronnie Halpaus, 19563 Lander St NW, Elk River, MN 55330
John DeMarco, 19519 Lander St NW, Elk River, MN 55330
John Hurt, 19467 Lander St NW, Elk River, MN 55330
Douglas Rogers, 19441 Lander St NW, Elk River, MN 55330
• M. Vanness, 19401 Landers St, Elk River, MN 55330
Mark Widing, 19385 Lander St NW, Elk River, MN 55330
John Gracik, 19365 Lander St NW, Elk River, MN 55330
Don Harnes, 19339 Lander St NW, Elk River, MN 55330
David Patenaude, 19275 Lander St NW, Elk River, MN 55330
Derek Glowacki, 19255 Lander St NW, Elk River, MN 55330
Rhonda Clark, 19233 Lander St NW, Elk River, MN 55330
V. Roper, 293 Evans Ave NW, Elk River, MN 55330
James Busch, 13031 Islandview Dr NW, Elk River, MN 55330
Daniel Hennessey, 19054 Meadowvale Rd NW, Elk River, MN 55330
Robert Chasteen, 19038 Meadowvale Rd NW, Elk River, MN 55330
D. Gracik & J. Croteau, 19201 Meadowvale Rd NW, Elk River, MN 55330
Abiding Savior Ev. Lutheran, 15413 NE 95th St, Elk River, MN 55330
Robert GAmmon, 19161 Meadowvale Rd NW, Elk River, MN 55330
Virginia Barnier, 19430 Meadowvale Rd NW, Elk River, MN 55330
Elk River Associated Investors, 729 Main St. , Elk River, MN 55330
Dale Brown, 13192 192nd Ave NW, Elk River, MN 55330
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CONSULTING ENGINEERS
Maier Stewart & Associates Inc.
March 16, 1993
File: 230-16641
Mr. Steve Rohlf
Building and Zoning Administrator
City of Elk River
720 Dodge Avenue NW
Elk River, MN 55330
RE: MEADOWVALE HEIGHTS PRELIMINARY PLAT
Dear Mr. Rohlf:
As requested, we have reviewed the submittal for the Meadowvale Heights development. Based
• on our review, we would offer the following comments:
A. General
1. The preliminary plat and grading plan were prepared by Loucks and Associates,
Inc., and were dated March 2, 1993.
2. The preliminary plat contains approximately 121 acres zoned Ric (single family
residential). It is proposed to be divided into 113 logs. The low number of lots
is due to the amount of area which is wetland. Apparently there is a small
amount of developable high ground which currently is not proposed for
development because it requires access through the property to the north.
Perhaps, in the future, this area will be developed in conjunction with the
property to the north.
3. There is a large amount of preliminary plat data required by the City ordinance
which is missing from this submittal. Included are items such as legal
description, record owner, street names, blocks, and miscellaneous other items.
Although these items should be supplied, the submittal can still be reviewed.
B. Wetlands
• 1. The development of this property impacts several wetland areas. There is a
question as to whether or not it is appropriate to fill wetlands for the development
of buildable lots as proposed by this preliminary plat. This is a wetland at the
extension of 193rd Avenue that is proposed to be filled for the extension of the
street in the development of at least two additional lots. There is a wetland
approximately 200 feet north of this location which is proposed to be filled for
1
• IF - 1 ? _ 93 14ED 9 : 1 1 NA I ER -STE W ART & ASSOC _ P _ 0S
Mr, Steve Rohlf
March 16, 1993
Page Two
the development of two lots. There is a third small wetland at the extreme south
end of the plat, again proposed to be filled for the development of two lots.
Since the City is the LOU, they will be involved in the decision as to whether or
not the filling of these wetlands is appropriate.
2. Wetland boundaries are labeled as approximate on the preliminary plat. Slight
deviations in these approximate boundaries could render several lots unbuildable.
Exact determinations of the wetland boundaries need to be made in order to
review the buildability of all lots.
3. All wetland issues related to this preliminary plat should be submitted to the
Department of Natural Resources and Corps of Engineers for review and
permitting if required.
C. Grading Plan
1. The Grading Plan has several areas where rear lot drainage is not contained
within rear lot drainage easements, but rather sheets randomly across the back of
various lots. Adjustments to the grading plan need to be made to contain all
drainage within easement areas.
2. There are areas where street grades in cul-de-sacs and curves are too flat. These
flat grades will lead to poor drainage along curb lines. In these areas, grades
need to be increased to eliminate flat areas.
3. There are areas adjacent to the wetlands where the proposed grading is extremely
steep. It is unclear how these areas can be graded to match the edge of the
existing wetland and still have a maintainable slope. It is recommended that areas
on the grading plan with these steep slopes be revised.
4. Soil borings indicating water table and/or mottled soil need to be provided in
order to review the development plan relative to lowest floor elevations.
• D. Jilities and Diinage
1. The City Council has authorized a feasibility study for the extension of trunk
sanitary sewer and water to serve this plat. This feasibility study will address
issues relative to available water pressure, the necessity to loop watermains, and
the extent to which this plat can be served by gravity sewer and which areas will
MAR - 1 7 - 9 3 WED : 1 1 M A I E R STEWART' 2 ASSOC . P _ OE
•
Mr. Steve Rohlf
March 16, 1993
Page Three
2. The proposed drainage system appears adequate; however, storm drainage
calculations will be required to determine pipe sizing.
3. The ditch flowing under the proposed road at the southeast corner of the plat
needs to be analyzed to determine the proper culvert sizing in order to provide
for potential drainage from east of Meadowvale Road.
E. Streets
1. No typical street section was provided. The City standard requires a section 32
feet wide from face of curb to face of curb. Surmountable curb and gutter is
acceptable. The typical street section has consisted of five inches of aggregate
1111 base and two lifts of bituminous surfacing totalling 3 to 3-1/2 inches. However,
soil borings will be necessary to determine the specific street section in this
project.
2. The cul-de-sac at the north end of the project greatly exceeds the City's maximum
length. In the future, when streets are extended to the north providing a second
access, the cul-de-sac length will be within the maximum allowed by ordinance.
3. Sherburne County will require the dedication of an additional 17 feet of right-of-
way along Meadowvale Road.
4. It is not clear whether or not the street right-of-way at the southeast corner of the
preliminary plat actually abuts the Meadowvale Road right-of-way. If not,
additional right-of-way acquisition will be necessary in this area.
If you have any questions regarding any of these comments, please call.
Sincerely,
MAIER STEWART & ASSOCIATES, INC.
Terry J. Maurer, P.E.
TJM:tp