6 PCSR 05-25-1993 ( Item 6
toft TO: PLANNING COMMISSION
lkRi•
ver FROM: STEPHEN ROHLF, BUILDING AND ZONING
ADMINISTRATOR Q
DATE: MAY 20, 1993 S2
SUBJECT: PRELIMINARY PLAT REVIEW AND
ASSOCIATED VARIANCES OF NORTH
MEADOWS ADDITION BY DAVID AND
JOYCE MICKELSON/PUBLIC HEARING,
CASE NO. P 93-07
APPLICANT
David and Joyce Mickelson, 21680 Meadowvale Road, Elk River, MN.
REQUESTED ACTION
Preliminary plat review of North Meadows Addition and
associated variances on the maximum length of a dead-end road
and lot size.
SITE ZONING
R-la, Single Family Residential
SURROUNDING ZONING
R-la, Single Family Residential, all directions .
LEGAL DESCRIPTION
That part of the W 1/2 of the SW 1/4, Section 7, Township 33,
Range 26 , Sherburne County, MN, and that part of the SW 1/4 of
the SW 1/4 , Section 7, Township 33, Range 26 , Sherburne County,
MN. A complete legal description is available at City Hall . A
map is attached showing the affected property.
OVERVIEW
The applicants are proposing 8 lots on 22 . 22 acres . The lots
are proposed to be served by private wells and septic systems .
The only public improvements in the plat are the street and
storm drainage system. The applicants are proposing to
accomplish these improvements without City funding.
ROAD
The road in the plat is proposed to replace an existing private
road, which currently serves as access to three existing
homes . This private road also has ditches . The new road will
be an urban section road without ditches .
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
PP, North Meadows Addition Page 2
May 20, 1993
• Staff has met with Michael Townsend, and Bill Mealio, two of
the property owners adjacent to this plat, and Joyce Mickelson,
the developer. The meeting took place on site to discuss
issues regarding the road. The neighbors pointed out the
location of a spring under the proposed road. Staff did pass
this information on to City Engineer, Terry Maurer.
Mrs . Gildemeister, the owner of the third single family home in
this area, did contact staff regarding her concerns with the
location of the cul-de-sac bubble and how far the public street
would extend toward her property. To address her concerns
regarding leaving trees between the public street and her
property, and also to avoid an existing wetland, the cul-de-sac
bubble was held back from the western property line of the
plat.
The Planning Commission may wish to consider having a road
easement dedicated from the bubble to this western boundary of
the plat, in case other properties wish to further subdivide in
the future. Otherwise, the private road will still be needed
to access two of the three existing parcels on this road.
As indicated, the road will be an urban section. This will
include a 7 ton design, bituminous berms with no ditches, and
32 feet wide face of curb to face of curb, which was noted
411 incorrectly on the street profile. Terry Maurer, City
Engineer, will be reviewing the road, grading, and drainage for
this plat. A memo from Mr. Maurer is attached.
COUNTY ENGINEERING
The road the plat accesses onto is County Road 32 (Meadowvale
Road) . The plat correctly notes 50 feet of right-of-way from
center line being dedicated for County Road 32 . The developer
will be responsible for getting a construction permit from the
County to access the County road.
Staff also recommends that Lot 1, Block 1, have its access onto
to 214th Avenue and not onto Meadowvale Road. The County road
is meant to act as the collector and access should be limited
as much as possible. Lot 1, Block 2, however, will need to
access County Road 32 to avoid putting a driveway through a
wetland. A driveway permit will be required from the County
Engineering department for this lot.
DRAINAGE
When staff met with the neighbors on site, they were concerned
that the drainage plan did not show a culvert under the
proposed road, connecting the wetlands on the north and south
• sides of this road. Staff does not believe a culvert is
needed in this location because the drainage from the wetland
south of the road ( in the location of Lots 1 and 2 , Block 2 ) ,
will drain east toward County Road 32 then northward to a
PP, North Meadows Addition Page 3
May 20, 1993
• county ditch. The drainage area north of the proposed road
flows to the west and ultimately ends up in the county ditch.
Mr. Townsend and Mr. Mealio were also concerned that an
existing culvert located in the vicinity of the bubble of the
cul-de-sac, is proposed to be removed. The grading and
drainage plans will have to accommodate drainage from their
property and also blend the slopes from the proposed road to
their properties together. Mr. Maurer is aware of the
neighbors concerns and will be able to adequately address them
when he reviews the drainage and grading plans .
The developer has also provided a 30 foot easement from the
center line of County Ditch 1 on the north boundary of the
plat. Staff believes the existing wetlands in the plat will
provide adequate storage for the increased run-off from the 8
rooftops and the proposed street, with the County ditch acting
as an overflow. This increase run-off should be calculated so
the effects can be reviewed by the County for their approval .
The developer will also have to work with the County Auditors
office regarding a re-distribution of the ditch assessment onto
the individual lots in the plat. This will need to be
accomplished prior to recording the plat. Otherwise, the
existing wetlands in the plat will remain undisturbed.
410 VARIANCES
A. ROAD
A variance on the maximum length of a dead-end road was
advertised. Since that time, the City Council has passed
an ordinance amendment which eliminates the need for
variances to exceed the maximum length of a dead-end.
Staff anticipates this ordinance being published prior to
the plat being finalized.
The City allows exceptions to the maximum length of a
dead-end under certain criterion. Staff feels this road
meets those criterion. Further, the road proposed in the
plat is eliminating most of an existing private road.
B. LOT SIZES
All the lots in question meet the minimum lot width,
however, Lots 1-4 , Block 2, are all below the City' s
minimum 2 . 5 acre requirement. Staff refers the Planning
Commission to Section 900 . 40 for the five standards for
reviewing a variance request. The developer offers the
following as her rationale why a variance should be
approved:
S1 . When she bought Block 2, it was listed as, and taxes
were paid as, a 10 . 3 acre parcel . When an actual
survey was done, it was discovered the parcel was
PP, North Meadows Addition Page 4
May 20, 1993
• only 9 . 3 acres . She considers this as the rationale
for hardship and also the reason her request meets
the standard that the variance is not a consequence
of her own actions or inactions .
2 . The 2 . 5 acre minimum lot size could be met on all but
one lot, but it would mean altering the road location
to a less desirable alignment.
The Mickelson' s are proposing to construct the road without
requesting payments (assessments) from other properties
currently using the road. Staff feels that the elimination of
this portion of this private road is a definite improvement and
recommends approval of the variance contingent upon the plat
being approved.
DEVELOPMENT PLAN
Soil borings have been provided as well as house locations with
proposed garage floor elevations . The soil boring locations,
as well as the findings, can be noted on the preliminary plat.
Staff is concerned with lowest floor elevations, since some of
the soil borings indicate water table near the surface of the
lots . Staff is especially concerned with lots 1 and 2, Block
1 . Staff is recommending the developer provide proposed lowest
• floor elevations for all the lots in the plat prior to final
platting.
PARK DEDICATION
The plat of North Meadows is a rearrangement of two existing
parcels, therefore, only 6 new parcels are being created. The
Park and Recreation Commission reviewed this plat and
recommended that the City receive park dedication in the form
of cash for the 6 new lots . At $400 . 00 per lot, the total is
$2 ,400 for park dedication.
TREE PROTECTION
No oaks are near the area where the road is proposed. However,
there are oaks on the south side of the plat that houses could
be built among. Staff is recommending tree protection
requirements .
RECOMMENDATION
Staff is recommending approval of the plat of North Meadows
with the following stipulations :
1 . THE PLANNING COMMISSION CONSIDERS WHETHER OR NOT
• RIGHT-OF-WAY SHOULD BE DEDICATED TO THE WEST BOUNDARY
OF THE PLAT.
PP, North Meadows Addition Page 5
May 20 , 1993
• 2 . THE CITY ENGINEER APPROVES THE ROAD PLANS PRIOR TO
FINAL PLAT APPROVAL AND INSPECTS THE ROAD.
3 . 50 FEET OF RIGHT-OF-WAY IS DEDICATED TO THE COUNTY
FROM THE CENTER LINE OF COUNTY ROAD 32 .
4 . THE DEVELOPER OBTAIN A CONSTRUCTION PERMIT FROM THE
COUNTY ENGINEERING DEPARTMENT.
5 . LOT 1, BLOCK 1, DOES NOT HAVE A DRIVEWAY ACCESS ON
COUNTY ROAD 32 .
6 . LOT 1, BLOCK 2 , OBTAIN A DRIVEWAY PERMIT FROM THE
COUNTY TO ACCESS COUNTY ROAD 32 .
7 . THE CITY ENGINEER APPROVES A GRADING AND DRAINAGE
PLAN PRIOR TO FINAL PLAT APPROVAL AND INSPECTS THESE
IMPROVEMENTS WHEN CONSTRUCTED.
8 . THE COUNTY APPROVE THE GRADING AND DRAINAGE PLAN FOR
THIS PLAT. FURTHER, IF THE COUNTY NEEDS ENGINEERING
ASSISTANCE IT IS PROVIDED BY THE CITY ENGINEER AT THE
EXPENSE OF THE DEVELOPER.
9 . THE DEVELOPER COOPERATE WITH THE COUNTY REGARDING A
III REDISTRIBUTION OF THE DITCH ASSESSMENT PRIOR TO
RECORDING THE PLAT.
10 . THE PLAT IS CONTINGENT UPON A VARIANCE BEING GRANTED
ON LOT SIZE FOR LOTS 1-4 , BLOCK 2 .
11 . THE DEVELOPER PROVIDE LOWEST FLOOR ELEVATIONS FOR
STAFF ' S REVIEW AND APPROVAL PRIOR TO FINAL PLAT.
12 . THE DEVELOPER PAY $2 ,400 IN PARK DEDICATION FEES .
13 . THE DEVELOPER PAY THE COST OF THE FIRST SEAL COATING
FOR THE ROAD IN THE PLAT, AS ESTIMATED BY THE CITY
ENGINEER, PRIOR TO RECORDING THE PLAT.
14 . BUILDING PERMITS ARE ALLOWED ONLY AFTER THE BASE FOR
THE ROAD IS APPROVED BY THE CITY ENGINEER UNLESS
MODEL HOMES ARE APPROVED THROUGH THE PLATTING PROCESS.
15 . A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST
OF PUBLIC IMPROVEMENTS IS PROVIDED BY THE DEVELOPER
PRIOR TO RECORDING THE PLAT.
16 . THE COMPLETION DATE FOR PUBLIC IMPROVEMENTS IN THE
PLAT IS ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL.
• 17 . THE DEVELOPER REIMBURSE THE CITY FOR THE ESTIMATED
COSTS OF REVIEWING THE PLAT PRIOR TO FINAL PLAT
REVIEW.
PP, North Meadows Addition Page 6
May 20 , 1993
• 18 . A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE
STIPULATIONS OF APPROVAL OF THIS PLAT.
19 . OAKS REMOVED FOR HOUSE CONSTRUCTION HAVE THEIR ROOTS
SEVERED (TO A DEPTH OF 5 FEET) FROM ADJACENT TREES
PRIOR TO BEING DROPPED OR HAVE THEIR STUMPS REMOVED
THE SAME DAY. FURTHER, ROOTS EXPOSED ARE REBURIED
THE SAME DAY AS THEY ARE EXPOSED. LASTLY, TREES THAT
ARE TO REMAIN AFTER CONSTRUCTION HAVE THEIR DRIP LINE
ROPED OFF TO DEFINE AN AREA OF NO ACTIVITY TO PROTECT
THEM FROM MECHANICAL DAMAGE .
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Agent for
Wright Title Guarantee Co.
429 East Main Street s r<r tnr contra t
. P.O. Box 390 STEWART TITLE
Elk River, Minnesota 55330 GUARANTY COMPANY
(612) 441-5465
March 31 , 1993
Edina Realty
Elk River Office
592 Dodge Avenue Northwest
Elk River, MN 55330
Dear Joyce Mickelson:
Here are the names, addresses, and P. I .D.numbers of the properties
350 feet from your land.
Helen Engstrom 14528 - 209th Avenue 10-112-4400
David J . and Joyce Mickelson 21680 Meadowvale Road 10-112-4100
Darrel and M. Gildemeister 14393 - 214th Avenue 75-107-3300
Michael and Vicky Townsend 14390 - 214th Avenue 75-107-3305
William and Shirley Mealio 14320 - 214th Avenue 75-107-3310
Mary R. Bistodeau 21322 Meadowvale Road 75-107-3315
• Michael and Mary Hoffer 21323 Meadowvale Road 75-107-3400
Roger J . and Karen James 21260 Meadowvale Road 75-118-2200
Michael and Mary Hoffer 21323 Meadowvale Road 75-118-2100
Michael and Vicky Townsend 14390 - 214th Avenue 75-118-2218
If you need anything else from us, feel free to call us .
Patty Scholl
•
/mi to//
/141: ;417 / MEMBER OF THE AMERICAN LAND TITLE ASSOCIATION �
MEMBERS OF THE MINNESOTA LAND TITLE ASSOCIATION �
GL;"'
/ , 1 CONSULTING ENGINEERS
• Maier Stewart & Associates Inc.
May 19, 1993
File: 230-173-11
Mr. Steve Rohlf
Building and Zoning Administrator
City of Elk River
P.O. Box 490
13065 Orono Parkway
Elk River, MN 55330
RE: NORTH MEADOWS PLANS AND SPECIFICATIONS
Dear Mr. Rohlf:
As requested, we have reviewed the plans and specifications submitted for the North Meadows
Addition. These plans and specifications were prepared by John Oliver & Associates, and were
dated May 1993. Based on our review, we would offer the following comments.
• A. PLANS
1. The street width is shown inaccurately as being 15 feet to the gutter feet. This
should be expanded to 16 feet to give a total width of 32 feet rather than 30 feet.
2. There is an existing drainageway that flows through this property. It is difficult
to eliminate, therefore the grading plan shows a drainage easement on the north
side of the road in Lots 2 and 3, Block 1, and then again on the south side of the
road in Lots 1 and 2, Block 2. We see no problem with this. Basically, most lot
drainage will not flow to the street.
It is not clear how the drainage works where the road crosses this ditch. Is a
culvert needed under the road? More information needs to be provided in this
area.
3. The area west of Lot 4, Block 2, has an existing low area that is drained through
a culvert. The plan calls for removal of this existing culvert. In order to not trap
water in this area, we would recommend that a pipe be extended out of structure
105 in the cul-de-sac with a flared end to pick up this low area. Again, it would
be useful if more spot elevations were provided in this area.
• 4. A permit will be needed from Sherburne County for work within the County Road
32 right-of-way.
1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-774-6021
9800 SHELARD PARKWAY,SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612-546-0432 • Equal Opportunity Employer
• Mr. Steve Rohlf
May 19, 1993
Page Two
5. The soil data provided on the grading plan shows standing water at a depth
between three and five feet on four of the borings. This will impact the location
and type of housing.
B. SPECIFICATIONS
1. Erosion control is called for on page SP-2 of 11 and is not shown in the bid nor
on the plans. Given the drainage area that flows through the project, some silt
fence will be necessary during the grading operation up to the time that turf is re-
established.
2. On page SP-7 of 11, item 6.a.1., Bituminous Base Course Type 31, it appears the
minimum asphalt content of 4.2 percent is low. This should be reviewed and
revised based on the Minnesota Department of Transportation Supplemental
Specifications.
3. On page SP-8 of 11, it indicates bituminous testing will be paid for by the City.
• This item needs to be corrected.
4. Seed mixture 700 is specified. This is a rural mixture, not necessarily the best for
mowing. You may want to consider changing that to seed mixture 500.
If you have any questions regarding any of these comments, please call.
Sincerely,
MAIER STEWART & ASSOCIATES, INC.
,),(aee4i,c)
Terry f Maurer, P.E.
TJM:tp
173-1906.may
•