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6.6 ear *� ( 1 ITEM 6.6. ty of � MEMORANDUM 1kRiver TO: Planning Commission FROM: Steven B. Ach, City Plannel>del_ DATE: August 27, 1996 SUBJECT: Request for Preliminary Plat by John Hitchcock, Public Hearing Case No. P 96-10 Issue John Hitchcock is requesting preliminary plat approval to subdivide approximately 18 acres into 9 single family lots. Location The property is located at the westerly terminus of Island View Drive and • east of 189th Avenue, lying immediately north of Lake Orono. Zoning/Land Use Rlb (Single Family Residential) /MR (Medium Density Residential) Attachments • Memo from City Engineer dated August , 1996 • Location map • Zoning map • Proposed plat • Shoreland map • Map showing concept of street layout Overview The proposed preliminary plat includes an area of approximately 18 acres in size and can currently be accessed from 189th Avenue in the Camp Cozy 5th Addition, as well as Island View Drive from the east. There is also an Outlot A extending west from 191st Avenue that has been deeded to the City as part of Belgin Acres development, however, it is not an improved street at this • time. The property does have access to Lake Orono in the southeast corner of the plat. The property is also naturally vegetated throughout the south half 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to the Planning Commission/P 96-10 Page 2 August 27, 1996 • with a variety of overstory trees. As the property extends down towards Lake Orono, the hundred year flood elevation does extend quite a ways into Lots 7, 8 and 9. The zoning of this property is Rib (Single Family Residential) and allows for 1 acre lots prior to city water and sewer becoming available. The property is currently within the City's urban service district; however, there are no plans to have municipal services extended any time in the foreseeable future. If services were ever extended and the opportunity presented itself, the lots could possibly be replatted to 12,000 square foot lots. Lot Sizes As mentioned above, the plat abuts Lake Orono in the southeast corner of the plat. Lake Orono is considered a general development lake; therefore, the plat is subject to certain standards as they apply to this overlay zone. The shoreland overlay zone extends 1,000 feet into the plat from the ordinary high water mark of Lake Orono which has been set at 871.5 according to the Department of Natural Resources. Within this overlay zone, the minimum lot size is one acre of land lying above the ordinary high water mark with 160 feet of frontage. All of the lots as proposed currently meet the minimum lot size requirements as well as the frontage requirements, with the exception of Lot 3. • Based on the information that has been provided, staff is concerned with the develop ability of Lots 7, 8 and 9; particularly Lot 7 which, for the most part, has the hunched year flood elevation consuming roughly 80% of the lot. Lots 8 and 9, on the other hand, have a hunched year flood elevation that extends into these lots and has a bank that has about an 8 foot drop (10% grade). Lot 3 is the 5 acre parcel at the north end of the property. Technically this parcel does not meet the minimum frontage requirements of 160 feet onto a public right of way. Staff would recommend that this parcel be platted as an outlot and be considered undevelop able until the appropriate right of way and public access is made available. However, if Island View Drive connects with 191st Avenue, access will be provided along with the appropriate frontage. Septic and Wells As mentioned, this area does not have municipal services; therefore, each of the lots will be required to provided a primary and secondary septic location. Also, private wells will have to be provided on each of the lots. Staff has not received a grading plan that would accurately demonstrate how each of the lots could support a primary and secondary septic system. This is important information, particularly for Lots 7, 8 and 9 that may have some difficulty or have to utilize some creative techniques to accomplish providing a sewage IIdisposal system. s:\planning\pc\p96-10.doc Memo to the Planning Commission/P 96-10 Page 3 August 27, 1996 • Streets Island View Drive is currently a long cul-de-sac with a distance of approximately eight-tenths of a mile. Island View Drive has been platted and developed to the subject property's eastern limits. Directly to the north of Island View Drive is 191st Avenue, which was platted as part of Belgin Acres. At the time of that plat, Outlot A was deeded to the City and represents a 60 foot right of way to allow 191st to continue. In fact, at the time Belgin Acres was platted, there was discussion on possible street extensions in this area as further development was to occur (see attached map). Given the current situation of Island View Drive being platted to the subject property's limits and a 60 foot deed (right of way) being given to the City for what looks to be the extension of 191st Avenue, consideration should be given to eliminating the long cul-de-sacs and providing some continuation of the street systems in this area. As illustrated on the concept drawing that was prepared at the time Belgin Acres was platted, the plan suggested Island View Drive be extended to connect with 189th Avenue. Staff would suggest that this alternative be reconsidered since that connection may encourage additional traffic onto Island View Drive that is not warranted. A preferred option would be to extend Island View Drive north and making some type of connection with III191st Avenue in Belgin Acres. This type of connection would not encourage or conveniently provide for any cut-through traffic from either subdivision that does not currently exist. By making these connections, emergency access to the area will be improved as there will be two ways in to each of these subdivisions. 189th Avenue on the west side of the plat has a 40 foot wide right of way and an unimproved street. Recently, the Astrid McBeath property immediately to the west of the proposed plat came before the City Council for a replat at which time staff recommended an additional 10 feet of right of way be granted on the west side of 189th Avenue. Therefore, in order to accomplish the full 60 feet of right of way in anticipation that this road eventually will be upgraded to a city standard, it is recommended that the proposed plat also dedicate 10 feet on the east side of 189th Avenue to gain the 60 feet necessary to make the future road improvements. It is not anticipated that the developer would be responsible to improve 189th to serve the three lots proposed at this time; however, staff would recommend that some document be prepared waiving the future resident's rights to appeal any future assessments for the road improvement. • s:\planning\pc\p96-10.doc Memo to the Planning Commission/P 96-10 Page 4 August 27, 1996 • Legal Description and Property Mr. Lockwood is an adjacent property owner who owns approximately 5 acres immediately northwest of the subject property. Mr. Lockwood has also stopped by the City offices to express his concern of the inaccuracy in the plat as it relates to the small notched-out area in Lot 3. Mr. Lockwood contends that area as its has been described and recorded with Sherburne County lies immediately south of his five acres, which would place it roughly in the middle of Lot 5. Attached is a recorded deed that Mr. Lockwood has provided to the staff which indicates a recorded document along with a legal description of both the five acre tract and the .3 acre parcel that is currently shown in Lot 3. Staff believes it is reasonable to ask that this property ownership question be resolved prior to any action being taken on the plat since it may have impact on the plat. Park and Recreation Commission Recommendation The Park and Recreation Comprehensive Plan (draft) identifies this area as needing a neighborhood park. Therefore, the Park and Recreation Commission has recommended that Lot 5, which is currently shown as 1.65 acres (additional right of way will need to be taken out of this lot) which would almost satisfy the 10 percent land area, given the 17 acre parcel. The • Park and Recreation Commission also recommends a 30 foot corridor be provided between the recommended park land and the cul-de-sac extending to Island View Drive. The Park Commission stated that the trail corridor would provide the residents living on Island View Drive, the proposed plat and Belgin Acres an opportunity to access the neighborhood park. Recommendation Its is recommended the Planning Commission table the preliminary plat until the September Planning Commission meeting in order to allow staff the opportunity to review the grading plan which will illustrate the proposed septic locations along with house pad locations. Also, the additional time would allow the property owners an opportunity to resolve any of the legal description issues that appear to apply to the property. Furthermore, if the Commission concurs with having Island View Drive extended to connect with 191st Avenue, the additional month would allow the developer an opportunity to reconsider the plat and provide the appropriate right of way for the Planning Commission's consideration. If, however, the Planning Commission would like to take action on the preliminary plat, staff would offer the following conditions: • s:\planning\pc\p96-10.doc Memo to the Planning Commission/P 96-10 Page 5 August 27, 1996 • 1. A complete grading and drainage plan be prepared and provided prior to the City Council meeting, so a full review and recommendation can be made. 2. Surface water management impact fee be provided for each of the lots within the development. 3. Park dedication requirements be satisfied per the Park and Recreation Commission recommendation which includes dedicating the land area of Lot 5, Block 1, along with a 30' corridor to Island View Drive. 4. Additional information be provided to determine the develop ability of Lot 7. 5. The legal descriptions as prepared and presented as part of the plat be confirmed and verified prior to the City Council meeting. 6. The right of way for Island View Drive be extended through the plat to connect with 191st Avenue. The developer shall be responsible for constructing this road in its entirety as part of the plat's improvements. • 7. The developer be responsible for constructing the extension of Island View Drive from its present termination through the plat to connect up with that portion of 191st that is presently constructed. 8. Appropriate easements be provided on each of the lots including expanded easements over those areas subject to flooding and/or wetlands. 9. Street lights be provided throughout the plat as recommended by Elk River Utilities. 10. The Department of Natural Resources recommendations be included in the plat approval. 11. The property be assessed by the developer's engineer or other representation to determine whether any wetlands are present on the site. 12. Appropriate storm water management practices will need to be incorporated into the development. The specifics cannot be determined until a grading and drainage plan has been submitted. • s:\planning\pc\p96-10.doc A , 1996 ill _ File:ugust 230-330-1211 CONSULTING ENGINEERS Mr. Steve Ach 1326 Energy Park Drive City Planner Sr.Paul,MN 55108 City of Elk River 612-644-4389 13065 Orono Parkway 1-800-888-2923 P.O. Box 490 Fax:612-644-9446 Elk River, MN 55330 RE: ISLAND VIEW 4TH ADDITION Dear Mr. Ach: As requested, we have reviewed the submittal package for the Island View 4th Addition. At the time of this memo, the only piece of information we had was a Preliminary Plat prepared by Lot Surveys Company and dated July 24, 1996. We have not received a Grading and Drainage Plan. Based on our review, we would offer the following CIVIL ENGINEERING: comments: ENVIRONMENTAL UNICIPAL 1. We would suggest that Island View Drive be connected with 191st Avenue in the NNING Belgian Acres subdivision. This will eliminate two cul-de-sacs. SOLID WASTE STRUCTURAL 2. The right-of-way on Island View Drive is shown at 66 feet. This can be reduced to SURVEYING 60 feet. TRAFFIC TRANSPORTATION 3. It is difficult without a Grading Plan to determine if all the lots are buildable. Some of the lots, especially 7, 8, and 9, appear to be questionable relative to their ELECTRICAL/MECHANICAL elevations and the flood elevation of Lake Orono. In addition, each of these lots will ENGINEERING: need to prove that they have room for a primary and a secondary septic system HVAC location. Soil borings may be required of some of the lots to determine that septic POWER DISTRIBUTION systems can be built on them. I would suggest that no Preliminary Plat approval be SCADA given prior to the Grading Plan being submitted, so that these questions can be SYSTEM CONTROLS answered. If you have any questions regarding these comments, please call. Sincerely, MSA, CONSULTING ENGINEERS WFFICES IN: / .�GC INNEAPOLIS TerrY J. aurer, P.E. PRIOR LAKE ST.PAUL TJM:tw WASECA 330-2103.aug An Equal Opportunity Employer i PRELIM • T SURVEYS COMPANY, INC. I•S L I LOT LAND SURVEYORS ,ocrni•L.1ne Of% arl4af:tile se/44.0,O••M"A.in' _--- ------ 442 n -_+ i I • I () I 1, t L F f 1 `' "-- 4 2 , �" 17 , f • S :.q d , , ,.,, e ,6600 ' ,83 4. -I 111111L Sr I o '4 --- ....A.---- 1 `Fb 49f I II // 4 jU /o CPQ` ---____--------„_-_:_-_-111:1_-:: ,e - _--- wj4- `1 - / \ 'f'- r •�__-_�ro 'a. • `E Ali . ss `�;\\. -jam ._' \ V ,eoa.moan K. ;_115' ^ , - , ,ekiri MOGI or J __:f i---- i f f •6f►ro 'tweeA I` O f cn , , ,ebvs auar ar (T7 i , j 4, /' ' -_ ___ ( 1/ ' JONN rww,eeoK -i It \\ ' d` ' wn min ae Nw l 332 \ 220\ '/ ' . 220 0 �L \ / LPK� /l / ; y NARY PLAT Invoice No.43617 ND VIEW .;FOURTH ADDITION Owner and Developer.John Hitchcock n 505 N.HLghway 169,Suite 100 y�, Plymouth,MN 55441 Phone:491-6050 1I atwe YO(W 1 *so I•' 4T Prepared by:Lot Surveys Co.,Inc. .``1 iI760173rd Ave.No. . , Brooklyn Park,MN 55428 107: Phone:(612)560.3093 i / 1 • 4 � TOTAL AREA - 17.79 ACRES A ( 191ST\ AVE.N.w — TOTAL NUMBER OF LOTS - 9 �—� TYPICAL LOT q �R . LOT AREA LOT 1 - 1.00 ACRES • ° LOT 2 - 1.10 ACRES t uS1t.1tY mo f________7_,4____ — ~# LOT 3 -, 5.00 ACRES _�__�I LOT 4 .• 1.00 ACRES e A4t:r\t1rT 1-''•A4e c,e I�- LOT 5 - 1.65 ACRES wMo aro '1 -- LOT 8 -. 1.30 ACRES _ No coca,inw LOT 7 - 1.40 ACRES i Q rrc5O 1,141' .t y, I-5. 0— _- LOT 8 -, 2.65 ACRES II •I LOT 9 -. 2.05 ACRES G —— I ALL LOTS TO BE SERVED BY 1 � .� � I PRNATE WELL ANO SEPTIC 1 G n1w�n «, 1 II 4E1 DHG�L 11G 1 � Note. Outer boundaries compiled from Sherburne Co. L1� J Survey Section mops doted 1993 av1, K`e"A1e" ' \�I 1s591 140n1t0 nev ROAD 01./C" Area zoned as: RI-B Residential ' \ Distances shown are approximate subject ` tofinal wrvey Legal description provided by client(to be amended) ---:r111,/4 �R�F k/Fw .,• Desoiption: .k•• That part of the South Half of the Southeast • Quarter except that part planed and that part sae ` ` in 30, 33,Range 26.Sherune , 15 s e74 SCALL IN FEET I hereby certify that this plat was prepared 'ayt,a w.uww EEEEE I E I by me or under my direct supervision and that ON 0 50 100 200 300 I am a duly registered Lad Surveyor under Z `` the laws of the state of hinnesota. Dated this /244thh day offluly,1996. 04412 - Signed: `_.J l.to Charles F.Anderson,Minn.Reg.No.21753 i 7 _ � kyr { �, .� 1�. •• . , -- - .0. 1 r 111 Wig I la 0 M �� .v ; Iii +, spec -4II� I -Il I I I I I I I (181 - I - - -C-) ' rN SHORELAND CLASSIFICATION MAP \. , --------------- N, I ‘,--',lik rM I °"�" \111‘ ° r" °. sY ID IS . . • yo rig _�f! 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'"1t u.�r t * Fri �M , L+• 4 mow •�� • a • • ig Witamb At.i\ `t AVnl '` t lis i' `1 :1 '�! 1 \'-:Vif'br; tl'. i �t. t`; ` 7� I: %. . i:! \ N - '1' �r 1,: 1. - .i Warranty Dud ^' Yf1LnDi. ;r _.._.,�, Individual to Joint Tenants 11:1525 Form No. 5-M Yeae..eta Malone coo..vseeioNiatts tt 'i r? �L Ji ..... ture, .;Enda this.._..._.. _ .day of..._. December....____..__...._,I9..6.... • • between...._ _ Albert Olson, a single mann „ __...._._.____..__.. ._.----- 1 jof the County of LQs....ingea.e0 _.».._._....._..and State of .Calit9rAis _...._.._._...., part.Y....... . of the first part, and ISenneth...R...I ckadnod_and...,Juanita.!t...?•a.^.kW.C.0l.._..b.usband-.and_ .f.e., _.._.._..._..._......_....__........___......_ _..............._..._....._..__...—.._.__._....___ _ ...... -._.._._._._...._. .._.__. .,of the County of Sherburne. and State of._. MinnesoS:a._......_.............._........,parties of the second part, " �''-•(MtS%Getb, That the said part. .......of the first part , in consideration of the sum of. .... il- • __ o and other valuable consider.tion Z't tohits in hand paid by the said parties of the second part,the receipt whereof is hereby aeknowi- eded,do es hereby Grant,Bargain,Sell,and Convey unto the said parties of the second part as joint ! , tenants and not as tenants in common, their assigns, the survivor of said parties,and the hairs and assigns of the survivor,Forever,all the tracts&or parcels... of land lying and being in the County of -^ S.har.hurne and Ftate of Minnesota,described as follows, to-wit: \,,J Th'tt rArt of the Southea: t ',carter )f the Southeast Quarter (SE; of S} .), Section Thirty (30), Township Thirty-three (33), Range Twenty-nix (26), described as , TAX follows: P.eginning at a point on the North line of the foutheast quarter of the .4e •• southeast Quarter (.51;)4 of .a.;), of Section 30, Township 33, Range 26, Four Hundred �% ._� Forty (440) feet. West of the Northeast '...n-nor thereof, ani running thenc 'asst on s. said North line Three ;:.mired Twenty (320) feet; thence South parallel with the West line of said :Ill:. .c: Ei. Seven Hundred Eighty-five (785) feet; thence Easterly ` �' Three Hundred Twenty (320) feet; thence Ni.:rth to the point of beginning Eight Hundred Thirty-eight and rive-tenths (838,5) feet containing six acres, p,, and, Also a parcel of land described as follows: That prart of the Southeast Quarter 0 Id LAX of the Southeast Quarter (SE'. of SE4) of Section Thirty (30), Township 33, Range g' 26, beginning at :a point Fifty (50) feet South on the Ea:;t line of above mentioned >iT tract extended; thencangle left Sixteen (16) degrees, a distance of One Hundred 4* :s spar. Thirty (130) feet; thence angle right Ninety-two (92) degrees and Fifteen (15) • $2.20 minutes, a distance of Eighty ($0) feet; thence angle right One Hundred Six (106) degrees, a distance of One Hundred Thirty (130) feet; thence angle right, Seventy- T., six (76) degrees, a distance of One Hundred Twenty feet (120) feet to the point of �y i beginning, containing three-tenths (.3) of an acre. 7 tt• /,� • r bTATE DEED.STAL` :'.'''''0N an u" I t_ ni: i fro A)abe anb to*nib tfje*amt, Together with, all the hereditaments and appurtenances there- unto belonging ar in anywise appertaining, to the said parties of the second part,their assigns, the sur- viuor of said parties,and the heirs and assigns of the survivor, Forever.the said parties of the second part :; taking as joint tenants and not as tenants in.common. •:• rind the said __._..._.._..__. __.. ._._. , Part Y ..of the firstpart,for.. .hZatsetlY.,__ his. ears, executors and administrators do..ea... t�'. covenant with the said parties of the second part, their assigns,the survivor of said parties,and the heirs and assigns of the survivor,that he...is. well seized in fee of the lands and premises aforesaid and t ha s good right to sell and convey the same in manner and form aforesaid, and that the same ars r free from all ineumbranees, :w, 5.5: .dnd the above bargained and granted land, and premiica, In the quiet and peaceable possession of the. ;s, said parties of the second part, their assis, the survivor of aid parties,and5the heirs'and a. nd assignof the survivor, against all persona lawfully etaiming or to claim the whole or any part thereof,.subject to incumbrances, if any, hereinbefore mentioned, the said part.Y._.._. of the first`part will' WarintKtand '.F J,' Defend. . , ',I.''.:: ri trott swap Zafjeeeof. The said part.Y._....of the first part ha..s..._ hereunto set.:_( ....._.._.. . :.,,,,V..."? i,. hand._the day and year first above written. • i In,Presence of ( ___.._.. _...1 r L...... :' �1 ��' 'Pa Hyl �` K „, Ate'.i �(,y. o-s. y P '� i. s'�,,{�. txi*S.,a,# tsc'P'w��^4r ..1:,,,,,:,4?:-.K97.,,,,,,,-4(.,T.,;:l..v°• .'" ,:«' t ",a=ter .1 `L$"'e • y.eY'' 2!';],i...-.,ii.;',.::,-.,;,.4..i.. ,- p�a �, #x'Q'':!� �1^!a xr�a- 7xy/!� 2:.�a�,,.� a ' r '' 0eO r . 9.4,. 'cites- u u`�as k4.. u°A.. nsrFe � '_k'a4,. -iu,3. "_`i � uxxilK.;tt�ts-;r..rr.`'�i+..E.`�-,r?s'",y,e��;,�ibebt.r,�-, ....w w e: .. ����A� • 13489 Island View Drive Elk River, MN 55330-1137 August 26, 1996 The Planning Commission: Elk River City Hall Elk River, MN 55330 Dear Members of the Planning Commission: We have lived here on Island View Drive since 1972. When we built our house, it was the first house that you encountered on the North side of the road as you drove onto Island View Drive from Meadowvale Road. This was true even though we lived seven tenths of a mile from Meadowvale Rd. It is a nice place to live. We would have no objection if you, as a commission, approved the slight extension to Island View Drive proposed for the few new lots in the new (fourth) addition to Island View Drive. What we would object to is any change that turned Island View Drive into a through street. Such a change would cause a tremendous increase in traffic and an • even greater decrease in safety for those residing on Island View Drive! We are unable to attend the hearing being held August 27, 1996. It is scheduled at exactly the same time as the wedding of the lady who was supposed to be the maid of honor at our wedding in 1950. As it turned out she could not be there because of a sudden serious illness. We feel strongly that we should be with this long-time friend at her wedding. We regret that we will not be there to see and hear the proceedings. We take this means to inform you of our concerns in regard to the new addition to Island View Drive. Sincerely, Blanche and Gene Scribner 11 i City of �1k River 13065 Orono Parkway • P.O. Box 490 Elk River, MN 55330 e�t t rd` .tip{ ZONING IV MAP CASE: P 9640 ^