6.1. SR 05-01-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Plannin Ma 1, 2006
Item Description
Request by Jason Huber for Preliminary Plat Approval of
Carverwood Hills, Public Hearin - Case No. P 06-01
Item Number
6.1.
Prepared by
Scott Clark, Communi Dev. Director
Reviewed by
Introduction
On April 17, 2006 the City Council reviewed and continued this item until the May 1, 2006 City Council
meeting. The concern by some Council members was the extension of the "4 lots for 40 acre" zoning
provision and allowing the applicant to have a "5 for 50" (the past Council Action Request and
supporting information is attached). The City Attorney has submitted a written opinion on this subject
stating that the extension of additional lots based on ten acre units is a correct interpretation of the
Ordinance. (Attached)
Discussion
From a planning standpoint the concept of allowing "smaller" lots, in this case allowing the 53 acre
Carverwood subdivision to have four 2.5 acre minimum lots with a large 41 acre parent parcel, is logical.
The parent parcel will be further subdivided at the time (2008) when the zoning minimum changes from
10 acres to 2.5 acre lots. It is important to note that the density over the entire 53 acre remains at one lot
per ten acres; it is only the lot configuration that changes with the "4 for 40" concept. Following a strict
ten acre zoning interpretation would lead to severe planning inefficiencies such as 1) an inordinately long
cul-de-sac and 2) not properly placing new homes on the ten acre sites could severely affect future
subdivision of the property. A large parent parcel allows for maximum design flexibility for future
platting. Staff has attached an illustration comparing the proposed "5 for 50" Carverwood design with
having to create it as a ten acre subdivision.
In the past the City has favorably interpreted the extension of the "4 for 40" rule and allowed the type of
development being proposed (e.g. Ridgewood Hills and Kingdom Estates).
Financial Impact
None
Attachments
. City Attorney opinion
. Past Council Action Request and supporting information
. Carverwood illustration showing ten acre layout
Action Requested
The Planning Commission and staff recommend that the City Council approve the preliminary plat based
on the fmdings of Section 30-375 and with the following conditions:
S:\Community Development\Scott Clark\Carverwood.doc
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE
TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF
THE COSTS OF PUBLIC IMPROVEMENTS.
3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM
ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE
IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR
PERIOD.
4. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY
AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER
BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE
PLAT AS REQUIRED BY THE CITY.
7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE
SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE
OF BUILDING PERMITS.
10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER
MUNICIPLAL UTIL TIlES.
12. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE
EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND
MITIGATION AREAS.
13. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE
WETLAND MITIGATION AREAS.
14. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS
REQUIRED.
15. ALL COMMENTS FROM THE SHERBURNE COUNTY PUBLIC WORKS DEPARTMENT
LETTER DATED 2/22/06 SHALL BE ADDRESSED
16. PARK DEDICATION FEE IN THE AMOUNT APPLICABLE AT THE TIME OF FINAL
PLAT APPROVAL SHALL BE PAID FOR 4 LOTS PRIOR TO RELEASING THE PLAT
S:\Community Development\Scott Clark\Carverwood.doc
FOR RECORDING. A 10 FOOT WIDE TRAIL EASEMENT BE GRANTED ALONG
COUNTY ROAD 121.
17. A LANDSCAPE PLAN THAT INCLUDES 2 OVERSTORY TREES PER LOT AND 4 TREES
PER CORNER LOT BE PROVIDED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
18. THE RIGHT-OF-WAY FOR THE FUTURE CUL DE SAC AT COUNTY ROAD 121
SHOULD BE PLATTED. THE LOT LINES FOR LOTS 1 AND 5 SHOULD BE ADJUSTED
SO THAT A 2.5 ACRE MINIMUM LOT SIZE IS MAINTAINED.
Council Action
Motion by _
Second by _
Vote
Follow Up
S:\Community Deve1opment\Scott Clark\Carverwood.doc
MEMORANDUM
TO: Mayor Stephanie Klinzing and
Members of the City Council
FROM: Peter K. Beck, City Attorney
RE: Carverwood Hills
DATE: April 28, 2006
This memorandum is in response to a question raised at the April 17, 2006 City
Council meeting regarding the appropriate interpretation of the footnote to Section 30-
1581 of the City Code.
Footnote 1 to Section 30-1581 of the City Code reads as follows:
Four lots per 40 acres maximum, with 2'li acre minimum
and one curb cut. (Code 1982, S 900.18(1))
The question is whether this language allows the subdivision of a 53.43 acre
parcel into five lots, including four 2.5 acre lots and one 41 acre lot.
Footnote 1 has been in the City Code, I believe, since the first zoning ordinance
for the new City of Elk River (following the merger with the town of Elk River) was
adopted in 1980. I have always understood its intent to be to maintain the one unit per 10
acre density in the A-I Zoning District, while allowing some flexibility in the
configuration of lots within that zoning district. To the best of my knowledge, we have
always interpreted this footnote to allow larger parcels to be developed under this
language, at the rate of one lot per 10 acres with a 2.5 acre minimum lot size.
Although the footnote is not entirely clear, I believe this is the correct
interpretation of the language. As I have advised the Council in the past, zoning
ordinances are interpreted by the courts in favor of property owners, and against cities.
See Frank's Nursery Sales v. City ofRoseville, 295 N.W.2d 604 (1980). If push came to
shove, I believe the courts would interpret footnote 1 to allow five lots per 50, seven lots
per 70, etc., consistent with the City's past practice.
If the City Council does not want to allow this type of subdivision in the future,
my recommendation is to have staff and the Planning Commission prepare a proposed
amendment to Section 30-1581 which would more clearly set forth the Council's intent.
GP:1943I82 vI
FILE COpy
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Plannin A ril 17, 2006
Item Description
Request by Jason Huber, for Preliminary Plat -Carverwood
Hills, Public Hearing-Case No. P 06-0 I
Item Number
6.3.
Prepared by
Scott Harlicker, Sernor Planner
Reviewed by
Scott Clark, Community Development
Director
Introduction
The applicant is requesting preliminary plat approval of Carverwood Hills. The applicant is proposing to
subdivide 53 acres into 5 residential lots. The property is located south on the east side of Brook Road at
213th Ave. alignment. The plat includes four 2.5 acre lots and one 41 acre lot.
Discussion
The proposed plat is being considered under the 4 for 40 rule which allows 4 lots in 40 acres and allows
up to 3 of the lots to be less than the required 10 acre lot size. Past policy has been to expand the 4 for 40
rule to apply to larger parcels. This proposal would be a 5 for 50.
The property is located in the area that will be able to develop at a density of 2.5 lots per acre in 2008.
The larger 41 acre lot could be further developed at that time.
The plat includes a temporary cul de sac. When the larger lot is replatted, road connections to the north
and south will be included. Once the road connections to the north or south are completed and the
access to County Road 121 is no longer needed, that intersection will be eliminated and replaced with a
cul de sac.
The Park and Recreation Commission recommended cash to meet the park dedication requirements and
a 10 foot wide trail easement along County Road 121.
The Planning Commission considered this request at their March 14th meeting. One neighbor spoke at
the public hearing. He was concerned about the feasibility of the road connection to the north. The
Commission had the following comments:
. They felt that the 4 per 40 design was a way of avoiding the 10 acre minimum lot size and thought
the plat might be premature and should wait until 2008 when the minimum lot size is changed to
2.5 acres.
. They wanted additional information on how the properties to the north and south might develop
and the future intersections along County Road 121 so that they could better assess the north and
south road connections.
· They thought the applicant should look at developing the property as a cluster development.
The Commission voted 6:1 to recommend denial of the preliminary plat. They did not feel that they had
enough information to properly assess the feasibility of the future road connections to the north and
south.
The Commission reconsidered this item at their March 28th meeting. The applicant provided additional
information regarding how the roads might layout on the adjacent properties. After reviewing and
discussing the new information, the Commission voted 5:2 to recommend approval of the plat. Five of
the commissioners felt that the additional information addressed their concerns about future road
connections. Two of the commissioners still believed that the proposed plat was premature and the plat
should wait until 2008 when the density is changed to 2 % acre minimum lot size. They believed that the
4 per 40 process was a means to get around the current 10 acre minimum lot size requirement.
Financial Impact
N/A
Attachments
Location Map
Planning Commission Report
Action Requested
The Planning Commission and staff recommend that the Council approve the preliminary plat based on
the findings of Section 30-375 and with the following conditions:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS
PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF PUBLIC IMPROVEMENTS.
3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY
THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS
SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD.
4. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE
TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID
TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS
REQUIRED BY THE CITY.
7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING
WORK ON THE SITE.
9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND
APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL
UTILTIIES.
12. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS
SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS.
13. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND
MITIGATION AREAS.
14. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED.
15. ALL COMMENTS FROM THE SHERBURNE COUNTY PUBLIC WORKS DEPARTMENT LETTER
DATED 2/22/06 SHALL BE ADDRESSED
16. PARK DEDICATION FEE IN THE AMOUNT APPLICABLE AT THE TIME OF FINAL PLAT
APPROVAL SHALL BE PAID FOR 4 LOTS PRIOR TO RELEASING THE PLAT FOR
RECORDING. A 10 FOOT WIDE TRAIL EASEMENT BE GRANTED ALONG COUNTY ROAD 121.
17. A LANDSCAPE PLAN THAT INCLUDES 2 OVERSTORY TREES PER LOT AND 4 TREES PER
CORNER LOT BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING
18. THE RIGHT -OF-WAY FOR THE FUTURE CUL DE SAC AT COUNTY ROAD 121 SHOULD BE
PLATTED. THE LOT LINES FOR LOTS 1 AND 5 SHOULD BE ADJUSTED SO THAT A 2.5
MINIMUM LOT SIZE IS MAINTAINED.
Council Action
Motion by _
Second by _
Vote
Follow Up
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TRAILS LEGEND
Location Map
EXISTING PAVED TRAIL
........................ FUTURE TRAIL
EXISTING SIDEWALK
...Ull................, FUTURE SIDEWALK
FUTURE WIDENED SHOULDER
~
N
Case Number: P 06-0 I
CARVERWOOD HILLS
Item # ,
MEMORANDUM
TO: Planning Commission
FROM: Scott Harlicker, Senior Planner~.'
DATE: March 28; 2006
SUBJECT: Case No. P 06-0 I
Preliminary Plat for Carverwood Hills
Request
The applicant is requesting preliminary plat for Carverwood Hills.
Location
21375 Brook Road
Zoning! Land Use
A 1 (Agricultural Conservation) / RR (Rural Residential)
Attachments
Additional wetland information and road connections on the adjacent properties
Staff report from the March 14th Commission meeting
Overview
At the March 14th Planning Commission meeting, the Commission voted 6:1 to recommend
denial of the proposed preliminary plat for Carverwood Hills. The recommendation to deny
the request for preliminary plat was based on the finding that additional information is
needed in order to accurately assess the feasibility of the future road connections to the
north and south and the plat's impact on the reasonable development of the neighboring
land
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
City Council / P 06-01
March 14, 2006
Page 2
The applicant has requested that this item be postponed to the April 17th City Council
meeting. They wanted an opportunity to provide the additional information that the
Commission felt it needed to make an informed recommendation to the Council.
Included in the packet is additional wedand information and potential road connections on
the adjacent properties to the north and south.
Requested Action
The applicant and staff would like the Commission to reconsider the recommendation of
denial. Should the Planning Commission decide to recommend approval the request for
preliminary plat, the recommendation should include the following conditions:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO
RELEASING THE PLAT FOR RECORDING.
2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS
OF PUBLIC IMPROVEMENTS.
3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE
CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL
BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD.
4. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME
OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO
THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS
REQUIRED BY THE CITY.
7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING
WORK ON THE SITE.
9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND
APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL
UTI LTIIES.
12. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS
SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS.
S: \PLANNING\ Case Files \2006\Plat\P 06-01 Caverwood Hills \P06-01PCWS3-28.doc
City Council / P 06-01
March 14, 2006
Page 3
13. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND
MITIGATION AREAS.
14. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED.
15. ALL COMMENTS FROM THE SHERBURNE COUNTY PUBLIC WORKS DEPARTMENT LETTER
DATED 2/22/06 SHALL BE ADDRESSED
16. PARK DEDICATION FEE IN THE AMOUNT APPLICABLE AT THE TIME OF FINAL PLAT
APPROVAL SHALL BE PAID FOR 4 LOTS PRIOR TO RELEASING THE PLAT FOR RECORDING.
A 10 FOOT WIDE TRAIL EASEMENT BE GRANTED ALONG COUNTY ROAD 121.
17. A LANDSCAPE PLAN THAT INCLUDES 2 OVERSTORY TREES PER LOT AND 4 TREES PER
CORNER LOT BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING
S:\PLANNING\Case Files\2006\Plat\P 06-01 Caverwood Hills\P06-01PCWS3-28.doc
TO:
FROM:
DATE:
MEMORANDUM
Planning Commission
Scott Harlicker, Senior Planne~
March 14, 2006
Item # 5.2.
SUBJECT: Case No. P06-0 I, Preliminary plat request for Carverwood Hills
Request by: Joseph Huber
Zoning:
Adjacent
Zoning:
Site Area:
landscape
Req'd:
Conforms:
A 1 (Agricultrn:al Conservation)
N-Al
E-Al
S - Rla
W-Al
land Use:
Adjacent
land Use:
53.48 acres
Required: 2 trees per lot, comer lots 4 trees
Land Use Plan - Yes
Zoning Code - Yes
Subdivision Code - Yes
Recommendation
RR(Rural Residential)
N-A
E-A
S-RR
W-A
Staff recommends that the Planning Commission recommend approval of the preliminary
plat for Carverwood Hills with conditions.
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
Item # 5.2.
MEMORANDUM
TO:
FROM:
Planning Commission
Scott Harlicker, Senior Plannert... ".-
7.t
- ,
March 14, 2006
DATE:
SUBJECT:
Case No. P 06-0 I
Preliminary Plat for Carverwood Hills
Request
The applicant is requesting preliminary plat for Carverwood Hills.
location
21375 Brook Road
Zoningl land Use
A 1 (Agricultural Conservation) / RR (Rural Residential)
Attachments
Location map
Preliminary Plat
Grading Plan
Memo from the City Engineer
Letter from Sherburne County Highway Department
Overview
The applicant is proposing to subdivide a 53.43 acre parcel into five residential lots. The plat
will be considered under the 4 for 40 rule which allows four lots in 40-acres. Under this
process, three of the lots can be less than the required 10-acre lot size. Past policy has been
to expand the 4 for 40 rule to apply to larger parcels. This proposal would be a 5 for 50.
Four of the lots will be 2.5 acres and the fifth lot will be 41 acres.
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
Gty Council / P 06-01
March 14, 2006
Page 2
The property has numerous wetlands throughout. The remainder of the site consists of
moderately hilly terrain with limited wooded areas. The properties to the north, south, east
and west are agricultural. The Natural Resource Inventory identified the primary land cover
on the site as a mix of sparse forest and grassland. No significant resources were identified.
The property is located in an area that, :i;Ccording to the Comprehensive Plan, will be able to
develop at a density of 2.5 acres after January 2008. The applicant plans to further subdivide
Lot 3 (41.48 ac.) into smaller lots when the zoning is changed in 2008.
Analysis
Lot Layout
The proposed street will be changed to 213th Court. All lot the lots comply with the
dim~nsional requirements and have the necessary 1 acre of buildable area. Lot 3 will be able
to be further subdivided into possibly three lots when the density is changed to 2.5 acres in
2008. Landscaping on each of the lots will have to be provided at a rate of two street trees
per lot with comer lots getting four street trees.
Street Layout
The plat will be accessed from County Road 121 (Brook Road). 213th Court, which is the
only street proposed, will access approximately the middle of the site and then turning south
to provide future access to property to the south. The connections to the north and south
will be provided when Lot 3 is further subdivided. The County has approved a temporary
intersection with County Road 121 as shown on the plat. When the street connections are
made to the north and/or south and the 213th /CR 121 intersection is no longer needed,
213th will be turned into a cul de sac on the west end and County Road 121 intersection
removed. Additional information is included in the City Engineer's memo.
Grading. Drainage and Utilities
Grading, drainage and utility issues are addressed in the City Engineer's memo. The
applicant met with the Technical Evaluation Panel (TEP) for approval of filling a portion of
a wetland for the future street connection to the south and the associated mitigation plan.
Park and Recreation
The Park and Recreation Commission recommended cash to meet the park dedication
requirements. They also recommended a 10 foot wide trail easement be granted along
County Road 121.
Recommendation
S:\PLANNING\Case Files\2006\Plat\P 06-01 Caverwood Hills\P06-01PC3-14.doc
City Council / P 06-01
March 14, 2006
Page 3
Staff recommends that the Planning Commission recommend approval the request for
preliminary plat with the following conditions:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO
RELEASING THE PLAT FOR RECORDING.
2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS
OF PUBLIC IMPROVEMENTS.
3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE
CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL
BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD.
4. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME
OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO
THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS
REQUIRED BY THE CITY.
7. ALL COMMENTS OF THE CITY ENGINE~R BE ADDRESSED.
8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING
WORK ON THE SITE.
9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND
APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL
UTI L TII ES.
12. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS
SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS.
13. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND
MITIGATION AREAS.
14. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED.
15. ALL COMMENTS FROM THE SHERBURNE COUNTY PUBLIC WORKS DEPARTMENT LETTER
DATED 2/22/06 SHALL BE ADDRESSED
16. PARK DEDICATION FEE IN THE AMOUNT APPLICABLE AT THE TIME OF FINAL PLAT
APPROVAL SHALL BE PAID FOR 4 LOTS PRIOR TO RELEASING THE PLAT FOR RECORDING.
A 10 FOOT WIDE TRAIL EASEMENT BE GRANTED ALONG COUNTY ROAD 121.
S:\PLANNING\Case Files\2006\Plat\P 06-01 Caverwood Hills\P06-01PC3-14.doc
City Council / P 06-01
March 14, 2006
Page 4
17. A LANDSCAPE PLAN THAT INCLUDES 2 OVERSTORY TREES PER LOT AND 4 TREES PER
CORNER LOT BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING
S:\PLANNING\Case Files\2006\Plat\P 06-01 Caverwood Hills\P06-01PC3-14.doc
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Case Number: P 06-0 I
CARVERWOOD HILLS
,
MEMORANDUM
TO: Scott Harlicker, Senior Planner
FROM: Terry Maurer, City Engineer
DATE: March 10, 2006
SUBJECT: Carverwood Hills Addition
226-112P
As requested, we have reviewed the submittal information for the Carverwood Hills
Development. Based on our review, we would offer the following comments:
1. The proposal is to divide approximately 53.5 acres of land in to five lots, four of
these are in the 2.5 acre range with the remaining acreage provided in one large lot of
over 40 acres. Initially the development will be of a cul-de-sac of County Road 121
of approximately 950'. Ultimately as areas to the north and south develop, the cul-
de-sac will be eliminated and the road extended to the north and south property line.
At this point in time the development will be able to achieve one or more additional
lots.
2. Sherburne County has re viewed this plat and indicated that they need 50' of right-
of-way along County Road 121 which is shown by the preliminary plat.
3. Sherburne County has also indicated that an access permit will only be given as a
temporary access and they will require the City of Elk River to be a party to that
agreement in that the Citywill be responsible for ensuring that the access is
eliminating when development occurs north and south which provides for a
permanent access on to County Road 121. As such, if the City is willing to do this
they will need to have the developer provide monies to the City which can be used in
the future for the closure of the access of 208m Court at County Road 121. In
addition, the plat will need to provide permanent right-of-way for this future closing
of the access and building cul-de-sac with the platting of the property. Finally,
signing should be provided which will make it known to the public living in the area
and traveling on the road that this will be a future cul-de-sac and access will be
eliminated at some time from County Road 121.
Because it is seen as a temporary access, the County will not be requiring a right turn
lane or bypass lane to be built on County Road 121.
4. This project has gone through the Technical Evaluation Panel (YEP) and has
received approval for the required wet land impact.
5. The project should be required to provide a development plan showing potential
house locations and style and, more importantly, primary and secondary septic sites.
These sites should be determined by soil boring to be adequate for on-site septic
systems. These sites should also be fenced and protected during lot grading and/or
house building.
6. The project will be required to obtain an NPDS permit and submit a Storm Water
Pollution Prevention Plan (SWPPP) needs to be in an 8 lh X 11 format signed by the
engineer, contractor, and developer.
7. When construction plans are submitted they should include a signing plan. Initially
the street name sign at the intersection of 208th Court and County Road 121 should
include a "No Outlet:" plate; in addition, a sign provided by the City shall be
installed at the cul-de-sac indicating that the cul-de-sac will be a future City of Elk
River road extension.
8. Storm water calculations have been submitted and reviewed. They are generally
acceptable. Details will be need to be reviewed when the construction plans and
specifications are submitted.
If you have any questions regarding any of these comments, please call.
S: \PLANNING\Case Files \2006 \Plat\P 06-01 Caverwood Hills \03 10 06 Carverwood Hills.doc
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Sherburne County
PUBLIC WORKS DEPARTMENT
13880 Highway 10
Elk River, MN 55330
(763) 241-7013 .800-594-5208
February 22,2006
City of Elk River
Attn: Scott Harlicker
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: Carverwood Hills
Dear Mr. Harlicker;
We have reviewed the drawing for Carverwood Hills located within the City of Elk River along County
Highway 121 and submit the following comments. Along our County Highways there are a limited
number of access points available. By projecting County spacing standards, this general area of CH
121 has been identified fora public street access. The County's preference is for a four legged
intersection. This location is substandard in that respect, because of insufficient sight distance to the
north and the wetland adjacent to CH 121, which will prevent the future construction of the fourth leg
west of CH 121. Therefore, this access point has been proposed as a "temporary access" until such
time that an alternate access is developed through an adjacent property. This will locate the
permanent intersection in a location where traffic operations and safety will be improved.
Sherburne County is willing to accept the proposed 20ath Court access to CH 121, onlv as a
"temporary access" under the condition the City of Elk River develop and administer a binding
agreement with the developer that will ensure the future closure of 20ath Court by physically removing
this access (E.G., excavation and landscaping). Sherburne County will not require a sunset date for
this removal condition, only that it be guaranteed and administered by the City of Elk River. Failure to
develop said agreement will result in denial of the proposed access.
During our sight evaluation we determined there is approximately 550 feet of sight distance at the
proposed access point, this will be increased by the clearing the right of way to the north and
completing some back slope excavation as discussed with and agreed to by the developer. This will
improve the safety margin at the access point. Auxiliary turn lanes are not required, because of the
limited number of lot's and the "temporary access" status of 20ath Court. We support the future road
connections to the north and the south.
Under this proposal we will require an access permit with the following additional conditions:
1. Pay the required access permit and signage fees ($850); Public Works will be responsible for
the installation of the highway signs.
2. We require 50 feet of right of way be dedicated in fee title along CH 121.
3. The limited access symbol must be applied to the drawing along CH 121.
3. All existing accesses to CH 121 must be removed by excavation.
4. For the proposed street accesses we require 40' radii with 1:6 slopes within our right of way.
The proposed culvert must be RCP or CMP; be 18" minimum diameter and must have 1:6 safety
aprons and grates. .
5. Curbing for 208th Court can not extend into County right of way.
6. Consult with the County SUNeyor regarding the future cul-de-sac/temporary easement
depicted on the drawing. The cul-de-sac should be permanent dedication and may affect lot size
calcu lation.
If you have any questions call me at 763-241-7013.
. SinceFely, .
! ?:J~ 4Z?-
Richard D. Corbin
Sherburne County Public Works
cc: Kathleen Heaney, County Attorney
Rhonda Lewis, County Engineer
Michael Trunk, County SUNeyor
John Menter, Public Works Director
Russ Heiling, Traffic Engineering
David Schwarting, Bogart, Pederson
Joseph Huber, Developer
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CARVERWOOD HILLS
ELK RIVER; MN
JOSEPH HUBER
Prelim inary Plat
BOGART, PEDERSON
It ASSOCIATES, INC.
lAND SURVEYING
CIVIL ENGINEERING
MAPPING
13016 FIRST smm. IlEa<ER. UN 55308-9122
m.: 7M-262-8822 FAX: 783-282-8844
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