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MEMORANDUM
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Iiver TO: Planning Commission
FROM: Steve Ach, City Planner`,6
DATE: February 25, 1997
SUBJECT: Preliminary Plat Request by Good
Value Homes (Cherrywood Hills)
Public Case No. P 96-13
Issue
Consider request by Good Value Homes to subdivide approximately 38 acres
into 79 single family lots.
Location
• The subject property is located on the northwest corner of Proctor Road and
193rd Avenue.
Zoning/Land Use
Rlc (Single Family Residential)/MR (Medium Density Residential)
Attachments
• Memo from City Engineer dated February 20, 1997
• Report to the Planning Commission dated November 26, 1996
• Location Map
• Zoning Map
• Proposed Development Plans
Background
This plat was originally presented to the Planning Commission on November
26, 1996. The Commission postponed action on Good Value's request for
preliminary plat approval in order to address the following issues:
• Status of 193rd Avenue
• • Tree preservation
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to the Planning Commission/P 96-13
February 25, 1997
Page 2
• • Traffic circulation
• Sidewalk along Proctor
• Rush Street - utilities, transportation/pedestrian connection with
LaFayette Woods
• Lot depths/grading issues
At that public hearing, there were also comments from adjacent property
owners regarding storm water concerns. Attached is a letter from the city
engineer briefly discussing the storm water management requirements that
would have to be implemented as part of this proposed development.
193rd Avenue
Another issue that received a lot of attention during the public hearing was
the future of 193rd Avenue. With the LaFayette Woods plat it was briefly
discussed the possibility of vacating 193rd and transforming the roadway into
a pedestrian corridor. That same concept has been considered in designing
the proposed Cherrywood Hills plat by cul-de-sacing 193rd Avenue a couple
hundred feet west of Proctor. However, during the public hearing, the
property owner immediately to the south of 193rd (Ms. Carton) expressed a
concern of vacating 193rd Avenue as it would prevent access to her property
for development possibilities. For the Commission's benefit, the attached
• map highlights the parcels that are owned by Ms. Carton.
The parcel immediately to the south of the Cherrywood Hills plat is a parcel
of record that contains a large wetland complex over a vast majority of the
property. Since the last Planning Commission meeting staff has done some
research on the status of this lot owned by Ms. Carton. Attached are minutes
from Council meetings held in December of 1988 and February of 1989,
discussing the assessments on this subject property for a 1981 sewer
interceptor project. After hearing testimony from Ms. Carton, the Council
adopted a resolution basically reducing the assessments that were placed on
this property to zero because the property was deemed "unbuildable".
The relevance of this new information may help in discussing 193rd Avenue,
at least along the borders of the proposed Cherrywood Hills plat. Any future
access into developable property that Ms. Carton currently owns south of
193rd, could be accessed by 193rd from the west. Although it is not a preferred
option, there is a possibility of access off of County Road No. 1. However, this
would be the last option if all others proved unacceptable. There is also a
possibility, even though the preliminary plat has been approved for
LaFayette Woods, that this plat could be modified to incorporate the
developable portion of Ms. Carton's property if in fact it is to be developed.
• Therefore, staff is suggesting that the Planning Commission could make a
Memo to the Planning Commission/P 96-13
February 25, 1997
Page 3
• decision regarding 193rd at least along the south portion of the proposed
Cherrywood Hills plat.
Wetland Delineation
Staff would like to review the wetland delineation on the southeast corner of
the plat. Based on our field work there is a question how the delineation was
established. This may not be an issue if the deminimis amount of fill of
wetland (5,000 square feet) is achieved on site. The storm water issue
associated with filling a wetland will still have to be addressed.
Revisions to the Plat
Since the original meeting with the Planning Commission, staff has met with
the developers a couple of times to discuss the issues raised both in the staff
report to the Planning Commission as well as the Planning Commission's
concerns expressed at the public hearing. The developer has gone back to the
property owner to talk about renegotiating the price of the land as he
indicated at the last Planning Commission meeting. Based on the inability
to renegotiate the price, Mr. Peterson has elected to proceed back to the
• Planning Commission with the identical plat as previously submitted.
In the attached report to the Planning Commission dated November 26,
1996, staff provides a full review of the proposed plat Cherrywood Hills. The
following is a quick overview of concerns staff has regarding the proposed
plat:
• The lots sizes along the north side of the plat will require extensive
grading within a heavily wooded area and be inconsistent with those lots
that have been platted in the LaFayette Woods project.
• There are several lots within the plat that do not have a minimum lot
depth of 125 feet. This is a typical lot depth for 10,000 square foot lots.
• The topography and natural vegetation along the north suggests platting
slightly larger lots than the ordinance requires to preserve the natural
characteristics of the site.
• The geometrics of Highland Road as it matches into Proctor will need to be
adjusted to provide a sufficient tangent section.
• The proposed park in the center of the plat is inconsistent with the Park
and Rec Commission's recommendation and should be removed from the
plat.
• Lots 13, 14, 18, 19, and 20, of Block 4, back up to an existing wetland and
have house pads that are anywhere from 20 to 30 feet from the edge of the
• wetland.
Memo to the Planning Commission/P 96-13
February 25, 1997
Page 4
• • Lots 15 and 16 of Block 4, also have a large storm water pond in the rear
yard that basically slopes away from the back of the house right down to
the pond. These lots that have a newly created pond should maintain 125
feet of lot depth before beginning the slope down into the pond.
• Lot 24, Block 4, does not appear to be very desirable and probably should
be eliminated from the plat.
• The cul-de-sac for 193rd should be redesigned allowing the street to cul-de-
sac basically within the existing right-of-way. This will allow the property
to the south the opportunity to subdivide at a later date also.
Park and Recreation Recommendation
The Park and Recreation Commission discussed the proposed plat on
December 11, 1996, (see attached minutes). The Commission suggested the
following:
• providing a sidewalk along Proctor Avenue
• consider cul-de-sacing the road leaving LaFayette Woods from the
north into the proposed plat.
Recommendation
• Staff is prepared to offer two recommendations for the Commission to
consider. First of all, the Planning Commission could approve the
preliminary plat with the following conditions:
1. Comments from the City Engineer's memo dated November 20, 1996,
be incorporated into the plat for approval.
2. A developer's agreement be prepared and executed prior to recording
the plat with Sherburne County. This agreement shall outline the
terms and conditions for plat approval as well as improvements.
3. Recommendations from the Park & Recreation Commission be
incorporated into the plat. These recommendations include a park
dedication payment in the amount required by the city at the time of
final plat, as well as dedicating land for a 30' trail corridor in the
southwest corner of the development.
4. A water availability charge in the amount of$300 per lot be paid to
Elk River Utilities prior to releasing the final plat for recording. The
developer should check with Elk River Municipal Utilities for any
additional charges relative to water connection fees.
•
Memo to the Planning Commission/P 96-13
February 25, 1997
Page 5
5. A surface water management fee as required by the City of Elk River
• be paid prior to recording the final plat with Sherburne County.
6. Appropriate approvals be obtained for filling any wetlands on site.
These approvals must be obtained prior to final plat approval.
7. A tree preservation plan be submitted along with a grading plan
identifying those areas which will be saved during the grading of the
site. The plan shall specify the actions that will be taken to
adequately protect these wooded areas during the grading.
8. An NPDES permit be obtained from the MPCA prior to beginning
grading on site.
9. A grading plan be submitted, reviewed and approved by the City
Engineer prior to beginning any grading on site. This grading plan
shall identify the erosion control measures that will be used during the
grading process.
10. Appropriate permits be obtained from Sherburne County Highway
Department for any work done within the County right of way.
11. Prior to issuance of any building permits, a development plan will need
to be submitted outlining the style of homes and finished floor
elevations. This plan will need to be approved by the City Engineer
prior to issuance of any building permits.
12. The developer reimburse the city for costs associated with reviewing
this plat prior to releasing the plat for recording with Sherburne
County.
13. The developer will need to provide a letter of credit to the City of Elk
River in the amount of 100% of the costs associated with improvements
within the development.
14. Street lights will need to be provided throughout the development in
locations as recommended by Elk River Municipal Utilities. This
improvement shall be included along with other infrastructure (i.e.,
street, utilities)
15. Clustered mailboxes be utilized throughout the development.
16. A complete landscape plan be submitted for approval prior to recording
• the plat with Sherburne County. This plan shall include yard trees as
required per ordinance, a landscaped area along Proctor, the required
Memo to the Planning Commission/P 96-13
February 25, 1997
Page 6
410 trees along the city trail in the southwest corner and possibly
additional boulevard trees along Rush and Highland Road.
17. The plat be revised as follows:
0 The lots along the north edge of the development which are
adjacent to Lafayette Woods have an increased depth to a minimum
of 160'.
0 Eliminate Lot 24, Block 4 and have the area included as part of
Lots 21, 22 and 23 of Block 4.
0 All of the lots in the development have a minimum depth of 125' as
measured through the center of the house pad.
0 Lots 15 and 16, Block 4 include a flat usable area to a lot depth of
125' prior to beginning the side slopes of the sedimentation pond.
Or, consider denying the preliminary plat based on the following findings:
1. The proposed plat does not take into consideration the physical
characteristics of the site such as topography and vegetation and
•
incorporate these into the design.
2. The proposed plat has a storm drainage system consisting of some
sedimentation ponds that will infringe upon rear yards of some lots
making them unacceptable.
3. The proposed plat will cause a significant amount of tree removal
leading to possible erosion and increased run-off concerns.
4. The plat will be inconsistent with developments immediately to the
north and extending to the west and may have an adverse impact on
the ultimate development of those projects.
5. The subdivision includes lots which have an inadequate lot depth
according to typical design standards for 10,000 square foot lots.
4111 s:\planning\pc\p9613.doc
• February20 1997
CONSII6TINC ENGINEERS 11St '
File: 230-348-11
1326 Energy Pork Drive
St.Poul,MN 55108 Mr. Steve Ach
612-6444389 City Planner
1.800.888-2923 City of Elk River
Fox:612.644-9446 13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: CHERRYWOOD HILLS
Dear Mr. Ach:
Previously you have received correspondence from me dated November 20, 1996,
commenting on the submittal package for the proposed Cherrywood Hills Addition. Since
CIVIL ENGINEERING: that date, we have received no further information from the Developer or his engineer.
ENVIRONMENTAL Therefore, we have not prepared any follow-up memo for this month's Planning
MUNICIPALCommission meeting. We have, however, received a letter form Bill Dickerson regarding
ipANNING storm drainage and also had a phone conversation with Lois Carton, the Iand owner
SOLID WASTE immediately to the south concerning the same thing.
STRUCTURAL
SURVEYING I did explain to Ms. Carton that, at this time, we have received no detailed storm drainage
TRAFFIC calculations for this development. If the project proceeds, detailed storm drainage
TRANSPORTATION calculations will be required. I explained that we would review these calculations
carefully for water quality issues, rate and volume of storm water runoff leaving the site,
ELECTRICAL/MECHANICAL and affect on downstream properties. Also, I offered to meet with Ms. Carton when and
ENGINEERING; if this information was provided by the Developer to review it with her.
HVAC
POWER DISTRIBUTION Obviously, if detailed questions are asked about this subject at next week's Planning
SCADA
Commission meeting, only very general answers can be provided.
SYSTEM CONTROLS
Sincerely,
MSA, CONSULTING ENGINEERS
Terry J. Maurer, P.E.
OFFICES IN:
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348-2(07.feb
11t LAKE
ST.PAUL
WASECA
An Equal Opportunity EmnInver
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• February 10, 1997
To: City of Elk River
Steve Ach
City Planner
From: Bill Dickenson
12508 Elk Lake Road
P.O. Box 266
Elk River, MN. 55330
I am writing to express a concern that I have regarding the development plan for
the land to the north of mine on the other side of C.R. 1.
It is my understanding that the storm water run off water from this development
will drain south through Mrs. L. Carton's land on the north side of C.R. 1 through culvert
onto my land with apparently nowhere else to go. The old railroad bed ditches to the
south of my property were draining this area until about 2 years ago when the southern
end of the ditch was filled in.
• It is my thinking that if the rail bed ditch were restored to proper working order
this would restore proper drainage to this entire area.
Thank you for considering this matter and please contact me at your earliest
convenience to further discuss what options can be considered.
Sincerely,
Bill Dickenson
441-4420
•
D. Findings Required. The findings necessary for City
Council approval of the preliminary plat and the final plat
shall be as follows :
• i . The proposed subdivision is consistent with the
Zoning Ordinance and conforms in all respects with all
requirements of the Elk River Code of Ordinances,
including the City Zoning and Subdivision Ordinances .
ii. The proposed subdivision is consistent with all
applicable general and specialized City, County, and
regional plans including, but not limited to, the
City' s Comprehensive Development Plan.
iii. The physical characteristics of the site,
including but not limited to topography, soils, ID
vegetation, susceptibility to erosion and siltation,
• susceptibility to flooding, and drainage are suitable
for the type and density of development and uses
contemplated.
• iv. The proposed subdivision makes adequate provision
for water supply, storm drainage, sewage
transportation, erosion control and all other services,
facilities and improvements otherwise required herein.
v. The proposed subdivision will not cause
substantial environmental damage.
vi . The proposed subdivision will not conflict with
easements of record or with easements established by
judgment of a court.
vii. The proposed subdivision will not have an undue
and adverse impact on the reasonable development of
neighboring land.
viii . The proposed subdivision is not premature. A
subdivision is premature if any of the following
exists:
0 a. Lack of adequate storm water drainage.
• b. Lack of adequate roads.
c_ Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public
improvements or support systems.
44e
•
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