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5.2. & 5.3. SR 01-25-1993 ITEM 5.2. & 5.3 TO: MAYOR AND CITY COUNCIL FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: JANUARY 11, 1993 51C SUBJECT: PRELIMINARY PLAT REVIEW AND VARIANCE FOR THE PLAT OF HERITAGE LANDING BY RICHARD KINCANON AND DENNIS CHUBA/PUBLIC HEARING CASE NO: P 93-001, V 92-009 Richard Kincanon, property owner, and Dennis Chuba, builder/developer, are proposing a 76 lot single family plat with City sewer and water. They are also requesting a variance of the maximum length of a dead-end road associated with the plat. ATTACHMENTS TO THIS MEMO 1. Staff's December 16, 1992, Memo to the Planning Commission. Included with this memo is a map showing the general location of the affected property, a memo from Terry Maurer, City engineer, dated December 17, 1992, and the developers responses to the five standards for granting a variance. We encourage the Council to read this memo for details regarding staff's review of the plat. . 2. Staff's Memo to the Park and Recreation Commission, Dated December 7, 1992. There is a proposed primary trail loop identified by the Master Park Plan in the general location of this plat. 3. An additional memo from Terry Maurer, dated January 18, 1993. 4. A petition from the developers requesting the public improvements associated with the plat be done as a City project. 5. A Resolution accepting the developers petition. 6. A letter of intent to cooperate in building a storm water retention area from Irv Moldenhaurer to the developers. 7. The preliminary plat. . 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 Plat/Variance, Richard Kincanon January 11, 1993 Page 2 . PUBLIC IMPROVEMENTS The developers have petitioned for the public improvements associated with this plat (sewer, water, storm drainage,) to be done as a City project and assessed back to the individual lots. Staff recommends the Council accepts the petition and orders a feasibility study. In his latest memo, Terry Maurer elaborates on the process for public improvements to be done as a City project. Staff recommends money is escrowed by the developers to ensure the tax payers do not end up paying for the feasibility study, if the project falls through. If the project does happen, the cost of the feasibility study would be added to the cost of the project and assessed back against the lots. Staff also recommends monies are escrowed to cover the cost of preparing plans and specs when they are ordered. . One special note, the developers are asking grading associated with the plat, including lot be part of the public project and assessed. attorney, Peter Beck, indicated this is acceptable as the developers agree to it, which they did their petition. for all grading, City as long through The feasibility study will look at the alternative routes for getting sewer and water to the project as well as the associated costs. The route taken should consider which property owners, besides the developers of this project, are looking to develop in the near future. Staff will be meeting with the owners of undeveloped property in the area regarding this subject. STORM DRAINAGE 1. During the 1990 Focus Area Study for this area, it was recommended that storm water holding ponds be used to retain the increase in run-off from development, which would also allow for sedimentation of impurities prior to release of water to the Mississippi River. As you will note on the preliminary plat, no holding ponds are proposed on this site. . Instead, the developers are proposing a holding pond in the flood plain of the Mississippi, on land owned by Irv Moldenhaurer. A letter, from Mr. Moldenhaurer, indicates his intent to cooperate with the construction of this pond. The same pond could be used for storm water from Mr. Moldenhaurer's property, when he develops it. Staff hopes to meet with Mr. Moldenhaurer and the developers prior to the Plat/Variance, Richard Kincanon January 11, 1993 Page 3 . City Council preliminary plat meeting and will update the Council on that meeting. Staff recommends that prior to final plat approval, the City is in receipt of easements from Mr. Mo1denhaurer so the holding pond can be constructed as part of the public improvements associated with Hertiage Landing. Staff will cooperate with the DNR regarding this pond. PARK DEDICATION The issue of park dedication for Heritage Landing was in front of the Park and Recreation Commission at their January 7, 1992, meeting. Those present included, Phil Ha1s and Stephen Rohlf representing staff, the developers, and 2 of the Park and Recreation Commissioners. Although there was not a quorum of Park and Recreation Commission members, it was the consensus of those present that park issues should be resolved during preliminary plat review by the Council and the developers should not be delayed due to the Park and Recreation Commission not having a quorum at their meeting. . Mr. & Mrs. Hecker were also at this meeting. The Hecker's live south of County Road 30 and east of the plat. Their house is situated within 25 feet of the proposed trail. They were concerned about their privacy. A rearrangement of several lots and the proposed trail will allow a greater distance from the Hecker's house to the trail, without the developers losing any lots. The developers agreed to this compromise. The consensus of those present at the Park and Recreation meeting regarding other park issues is reflected in the recommendations included in this memo. FUTURE EXTENSION OF JOPLIN STREET Joplin Street is planned to be extended north of County Road 30 and connect with Highway 10 in the location of the current Orono Road/Highway 10 intersection. Terry Maurer explains this under Item 12 of his December 17th memo. If Joplin Street were to be extended north in its current alignment, it would run into Sue Lakoduk's house, which is situated just north of County Road 30. Therefore, realignment of Joplin Street south of County Road 30 must be considered prior to establishing the lots in Heritage Landing. The Planning Commission is recommending against realignment Joplin Street, south of the County Road, to the east and consequently affecting the lots in this plat. . Mr. Maurer has this situation. land owned by elaborated on the other alternatives to All of these other alternatives involve Mrs. Lakoduk. Also, Joplin would be Plat/Variance, Richard Kincanon January 11, 1993 Page 4 . extended when Mrs. Lakoduk's property develops. Staff will be meeting with her prior to the Council meeting on Heritage Landing. We will update the Council on the results of that meeting. RECOMMENDATIONS FROM THE PLANNING COMMISSION A. Preliminary Plat 1. PRELIMINARY PLAT IS CONTINGENT UPON OTHER APPROVALS BEING GRANTED (VARIANCE FOR 180TH AVENUE, COUNTY ACCESS PERMIT FOR GARY STREET TO ACCESS COUNTY ROAD 30, AN MPCA PERMIT FOR AN EXTENSION OF SEWER, A DEPARTMENT OF HEALTH PERMIT FOR THE EXTENSION OF WATER, AND DNR APPROVAL OF A STORM HOLDING POND, IF NECESSARY). 2. IMPROVEMENTS PROPOSED TO BE ACCEPTED BY THE CITY ARE SECURED BY A LETTER OF CREDIT FROM THE DEVELOPERS FOR 100% OF THEIR ESTIMATED COSTS. 3. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL OF THIS PLAT. . 4. THE ESTIMATED COSTS INCURRED BY THE CITY FOR REVIEW OF THIS PLAT ARE REIMBURSED PRIOR TO CITY COUNCIL ACTING ON FINAL PLAT. 5. THE ESTIMATED COST OF THE FIRST SEAL COATING OF ROADS WITHIN THIS PLAT IS PAID TO THE CITY BY THE DEVELOPER PRIOR TO RECORDING THIS PLAT. 6 . GLEN SUNDEEN, ELK RIVER DETERMINES THE APPROPRIATE LIGHTS WITHIN THE PLAT. DEVELOPER'S RESPONSIBILITY AND THEIR INSTALLATION, RESPONSIBILITY TO PAY FOR THEM. MUNICIPAL UTILITIES, LOCATION OF STREET FURTHER, IT IS THE TO PAY FOR THE LIGHTS AND THE CITY'S THE ELECTRICITY TO RUN 7. THE LOCATION FOR THE FUTURE EXTENSION OF JOPLIN STREET IS RESOLVED PRIOR TO FINAL PLAT APPROVAL. IT WAS THE RECOMMENDATION OF THE PLANNING COMMISSION THAT THE EXTENSION OF JOPLIN STREET WOULD AFFECT THE LAYOUT OF HERITAGE LANDING. 8. THE DESIGN FOR ALL PUBLIC IMPROVEMENTS WITHIN THE PLAT IS THE RESPONSIBILITY OF THE CITY ENGINEER. . 9. LOTS SITUATED ON CUL-DE-SACS WITHIN THE PLAT HAVE COMMON MAIL BOXES. 10. PRIOR TO FINAL PLAT, THE CITY IS IN RECEIPT OF AN EASEMENT TO LOCATE A RETENTION POND WITH . . . Plat/Variance, Richard Kincanon January 11, 1993 Page 5 ASSOCIATED STORM PIPING ON MR. MOLDENHAURER'S PROPERTY. 11. PRIOR TO FINAL PLAT APPROVAL, THE DEVELOPERS PROVIDE A DEVELOPMENT PLAN ACCEPTABLE TO STAFF. 12. A TEMPORARY TURN AROUND BE ESTABLISHED ON 180th AVENUE, ON THE EAST SIDE OF THE PLAT. 13. OUTLOT A BE REMOVED FROM THE PLAT AND BE MADE PART OF A LOT THAT WOULD INCLUDE THE KINCANON HOMESTEAD. 14. THE FINAL PLAT DRAWING IS REVISED TO REFLECT ALL APPROPRIATE LOTS SIZES AND FRONTAGES INCLUDING 100' FRONTAGE IN BOTH DIRECTIONS FOR CORNER LOTS. 15. THE DRAINAGE AND UTILITY EASEMENT ON THE SOUTH SIDE OF THE PLAT IS INCREASED TO 10' WIDTH. B. Park Dedication The following recommendations are not per the Planning Commission, but reflect the consensus of those present at the Park and Recreation Commission meeting: 1. THE CITY ACCEPTS THE DEDICATION OF THE PROPOSED TRAIL, LABELED OUTLOT C ON THE PLAT, WITH THE EXCEPTION THAT THE NORTH END OF THE TRAIL BE ADJUSTED WESTERLY TO GAIN GREATER DISTANCE FROM AN EXISTING HOME. 2. OUTLOT B IS ELIMINATED AND 180TH AVENUE IS INCREASED FROM 60' OF RIGHT OF WAY TO 70' TO ACCOMMODATE A CONCRETE SIDEWALK TO ACT AS ACCESS FROM THE PLAT TO THE PROPOSED TRAIL. 3. THE PROPOSED TRAIL IS GRADED BUT THE BITUMINOUS SURFACE IS NOT ADDED UNTIL THE TRAIL LEADS TO SOMEWHERE. HOWEVER, THE CONCRETE SIDEWALK MUST BE COMPLETED AS PART OF THE PLAT IMPROVEMENTS. 4. THE PROPOSED TRAIL NORTH OF COUNTY ROAD 30 BE ACCOMMODATED WHEN THE LAKODUK PROPERTY DEVELOPS AND NOT RUN ALONG FRESNO STREET. 5. THIS PLAT PAY $400.00 PER LOT FOR PARK DEDICATION WITH CREDIT BEING GIVEN FOR THE COST OF THIS LAND FOR THE TRAIL AND THE CONCRETE SIDEWALK. 6. IT IS THE CITY'S RESPONSIBILITY TO MAINTAIN THE NORTH/SOUTH MAIN TRIAL ADJACENT TO THIS PLAT. . . . Plat/Variance, Richard Kincanon January 11, 1993 VARIANCE Page 6 The Planning Commission felt the developers successfully argued their case regarding the five standards for granting a variance. The Planning Commission recommended approval to allow them to construct a 683 foot dead-end road. Terry Maurer, City engineer, will meeting. With his help, staff will be on these recommendations. be at Monday night's glad to elaborate ITEM 5 ,.~ ....- f ('.''w'., ."J:~ ';~. ':1 TO: PLANNING COMMISSION FROM: STEPHEN ROHLF, BUILDING & ZONING ADMINISTRATOR DATE: DECEMBER 16, 1992 SX, SUBJECT: PRELIMINARY PLAT REVIEW AND VARIANCE FOR THE PLAT OF HERITAGE LANDING BY RICHARD KINCANON AND DENNIS CHUBA/PUBLIC HEARING APPLICANTS Richard Kincanon, builder/developer. property owner, and Dennis Chuba, REQUESTED ACTION The applicants are requesting preliminary plat review of a plat consisting of 76 single family lots and review of a variance on the maximum length of a dead-end road. SITE ZONING/LAND USE . The southern 330' of the plat is zoned RId and the remainder of the plat is zoned RIb. The entire plat has a land use of MR, medium density residential. SURROUNDING ZONING/LAND USE South - RIc, single family residential; MR, medium density residential. West - RId, single family residential; MR, medium density residential. North - RIc, single family residential; MR, medium density residential. East - RIb, single family residential; MR, medium density residential. LEGAL DESCRIPTION That part of Government Lot 4, Section 5, Township 32, Range 26, Sherburne County, MN, lying north of Palmer's First Addition with some exceptions. A complete legal description is available at City Hall. Attached is a map showing the general location of the affected property. I. LOT SIZE AND FRONTAGE REQUIREMENTS A. RId Zone 1. Lot size: required in lie within 14,000 square feet per lot is the RId zone. Lots 9-21, Block 2, this zone. All of these lots are a ( '. 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 minimum of 14,000 square feet; this will be verified prior to final plat once lot computations are completed. 2. Frontaqe: A minimum of 90' of width per lot is ~ required in the RId zone. Most of the lots in this zone are situated on cul-de-sacs. There is an exception to the width requirement where the lot lines are not parallel lots on cul-de-sacs. The lots within the RId zone meet the minimum 90' width at their setback lines. This is an acceptable layout. B. RIb Zone l. Lot Size: 12,000 square feet per lot is required in the Rib zone. All lots that lie within this zone appear to meet this requirement. This will be verified prior to final plat. 2. Frontaqe: 80' of width is required in the Rib zone. All the lots in this zone meet this requirement with the exception of those lying on cul-de-sacs. Again, they appear to meet the minimum width of 80' at the setback line. II. STREETS A. Desiqn: City requirements include 60' of right-of-way, which is reflected on the plat, 7 ton, 40 mile an hour design speed, 32' wide face of curb to face of curb, and concrete curb and gutter. The developers may do the design of the road if they fund the project themselves. If improvements are done as a City project, the city engineer would be responsible for the design. ~ B. County Review: Since the plat abuts County Road 30, the county engineering department has to review it. The developers are proposing 50' of right-of-way from the center line of County Road 30. They are also requesting one new access onto County Road 30 in the location of the proposed Gary Street. Russ Matchinsky, county engineer, has reviewed this plat for streets and also the proposed drainage. Russ feels it is acceptable as proposed. ( \ C. Future Considerations: 1. 180th Avenue: The developers are proposing that 180th Avenue be a future connection to undeveloped lands to the east of this plat. This appears to be an appropriate location. To the west and north, this plat is bordered by existing streets. Land to the south of the plat is developed. No street extensions are needed in ~ . . ( . these directions. 180th Avenue should be improved to the plat's eastern boundry. 2. Future Aliqnment of Joplin Street: Joplin Street is proposed to be extended north of County Road 30 all the way to Highway 10. A future extension of the current alignment of Joplin Street would run extremely close to a house north of County Road 30 owned by Sue Lakoduk. Joplin Street will need to be realigned to the east, realigned to the west, or the house north of County Road 30 will have to be moved. Terry Maurer, city engineer, will elaborate on this in his review of the plat (attached). D. Street Names: The street names in the plat appear to be appropriate. Staff will seek comments from the Police Department, Fire Department, Utilities, and the Post Office prior to final plat. E. Cul-de-sacs: There are four cul-de-sacs proposed in the plat. The fire chief indicated that as along as they are sized appropriately, they will not impede emergency vehicles. However, the street department raised a concern with the number of mail boxes associated with the cul-de-sacs and problems with snow plowing around them. To alleviate this concern, staff is recommending a common mailbox location for each cul-de-sac. III. STORM DRAINAGE Terry Maurer will be reviewing the proposed grading and drainage plan for this plat. His comments will be attached to this memo. The storm drainage associated with this plat is proposed to be picked up in catch basins and piped off-site. Run-off will then be directed to an off-site holding pond that will also act as a sedimentation pond. The location of this holding/sedimentation pond will have to be negotiated with an adjacent land owner, Erv Moldenhaurer. Mr. Moldenhaurer appears to be cooperative since development of his property would also require use of this pond. It is up to the developers to negotiate an agreement. If there is no direct outlet to the Mississippi River, this holding pond will not need DNR approval. IV. CITY SEWER AND WATER It is City policy to have the city engineer design sewer and water for projects inside the urban service district. There are several options for the extension of services to this plat. The city engineer will present the appropriate one to the City council. V. DEVELOPMENT PLAN Bill Harju, Soil and Water Conservation District, attended the staff Concept Review of this plat. Mr. Harju indicated that this property had been river bottom for the Mississippi in the ~ past. The soil maps indicate what the top soils are, however, because of sedimentation due to this property being river bottom, he felt care should be taken in determining house locations and lowest floor elevations. Staff is recommending a development plan similar to FHA's, with garage elevation, lowest floor elevation, and proposed drainage for each lot be approved by staff prior to final plat approval. Soil borings will be needed so this development plan can be based on data specific to the plat. VI. PARK The Master Park Plan does not show any parks in the property proposed to be developed, however, it does show a primary trail loop in the general vicinity of this plat. This trail loop is proposed to be a connection from Orono Park to a future area wide park in the floodplain of the Mississippi. The developers are proposing to accommodate this trail with a 20' wide easement for trail purposes on the east side of the plat, Outlot C. Outlot B is a proposed secondary trail to provide access from the plat to this primary trail. The Park and Recreation Commission will be giving specific recommendations regarding this proposed trail to the City council. VII. VARIANCE ~ The developers are requesting a variance for l80th Avenue on the maximum 500' length of a dead-end. The 500' is measured from the center line of the street of origin (Joplin Street) to the end of the right-of-way. l80th Avenue is 683' long based on how the Elk River Code determines a street to be measured. The developer's response to the five standards for granting a variance (Section 900.40, Elk River Code of Ordinances) are attached to this memo. VIII.RECOMMENDATION Staff recommends approval of the preliminary plat of Heritage Landing under the following conditions: 1. CONTINGENT UPON OTHER APPROVALS BEING GRANTED: a) VARIANCE FOR l80th AVENUE; b) COUNTY ACCESS PERMIT FOR GARY STREET ENTERING COUNTY ROAD 30; c) AN MPCA PERMIT FOR AN EXTENSION OF SEWER; d) DEPARTMENT OF HEALTH PERMIT FOR THE EXTENSION OF WATER. 2. THE IMPROVEMENTS PROPOSED TO BE ACCEPTED BY THE CITY ARE SECURED BY A LETTER OF CREDIT FROM THE DEVELOPER FOR 100% OF THEIR ESTIMATED COST. ~ .., 3. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL OF THIS PLAT. 4. THE ESTIMATED COST INCURRED BY THE CITY FOR REVIEW OF THIS PLAT IS REIMBURSED TO THE CITY PRIOR TO THE CITY COUNCIL ACTING ON THE FINAL PLAT. . 5. THE ESTIMATED COSTS OF THE FIRST SEAL COATING OF THE ROADS WITHIN THIS PLAT ARE PAID TO THE CITY BY THE DEVELOPER PRIOR TO RECORDING THIS PLAT. 6. $400.00 PER LOT PARK DEDICATION FEES BE PAID TO THE CITY WITH CREDIT BEING GIVEN TO LAND DEDICATED FOR PARK OR TRAIL PURPOSES, IF DETERMINED APPROPRIATE BY THE CITY (PAID PRIOR TO RECORDING THE PLAT). 7. GLEN SUNDEEN, ELK RIVER MUNICIPAL UTILITIES, DETERMINES THE APPROPRIATE LOCATION OF STREET LIGHTS WITHIN THE PLAT. FURTHER, IT IS THE DEVELOPERS RESPONSIBILITY TO PAY FOR THE LIGHTS AND THEIR INSTALLATION, HOWEVER, IT WOULD BE THE CITY'S RESPONSIBILITY TO PAY FOR THE ELECTRICITY TO RUN THEM. 8. LOT SIZES AND FRONTAGES ARE VERIFIED PRIOR TO FINAL PLAT APPROVAL. 9. THE LOCATION FOR THE FUTURE EXTENSION OF JOPLIN STREET IS RESOLVED PRIOR TO FINAL PLAT APPROVAL. . 10. THE FINAL DESIGN OF STREETS AND STORM DRAINAGE WITHIN THE PLAT ARE APPROVED BY THE CITY ENGINEER. 11. THE CITY ENGINEER DESIGNS THE SEWER AND WATER FOR THIS PLAT. 12. LOTS SITUATED ON CUL-DE-SACS WITHIN THE PLAT HAVE COMMON MAIL BOXES. 13. AN APPROPRIATELY SIZED HOLDING POND PROTECTED BY A DRAINAGE EASEMENT IN FAVOR OF THE CITY IS ESTABLISHED BY THE DEVELOPERS. 14. THAT PRIOR TO FINAL PLAT APPROVAL, THE DEVELOPERS PROVIDE A DEVELOPMENT PLAN ACCEPTABLE TO STAFF. . uS to I 52 ._~ ..... _M / / / "-./ AFFECTED PROPERTY _ ~~pS . V 1~D'l)m.' ~J~._ ~~~~~ ~ ~ ~-t.9U."(. _:~-_ -- z ... oJ ... C ::l U Z 0 ctI ... ctI C Q ... ... '" oJ 0 lL 0 C Z 0 '" 0 '" 0 .. 0 !:! 0 ... '" wtS$'SS,_.f A,,,,r_ 0 Z Z 0 a: a: :r. z 0 II: II: Z ... 0 ~ 0 0 Z II: 0 Z 0 ... 0 0 Z II: '" Z C Z ::l ~ 0 ... Z 0 Z Z > U C lD >c: Z ... a: 0 0 Z U 0 ::.; ~ ctI >- en ... ::Ii II: ... C oJ :z: u z ~ Z II: '" Z Z '" lD 0 ... lL ~ :l! Z 0 C Z lL Q ... ..J ::l )( ,., > lL III 0 oJ ... 0 0 ... ::l ... a: :IE c ... .., ::l c( a: .. c N j: ::l ::l !!: ... 0 U ... II. oJ >c: ., :z: III ... III II: 0 - 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 0 '" 00 0 0 0 '" 0 0 0 0 0 0 .. ... ~ N 0 0 0 0 0 '" ~ 0 N '" .. . 0 N . '" '" N ... N ~ '" N '" !:! '" !! <II = ( '. j ~ =-:.--;. ....... ... ~I z 0 a ~ a: a: 0 ~I 0' ... :IE )( 0 (, ( 0 ~ 0 .. N - ..... .-... .r~lIil.. I_IUD': - ,.... ~- ~::: _..... ....,.198~ . . . _ / f ~ ~ ~,,:,/ . CONSULTING ENGINEEAS IIfIfIIVWI Maier Stewart & Associates Inc. December 17, 1992 File: 230-159-11 Mr. Steve Rohlf Building and Zoning Administrator City of Elk River 720 Dodge Avenue NW Elk River, MN 55330 .1<.c: Hl:J<'lTAuc LANDINGS; Dear Mr. Rohlf: As requested, we have reviewed the submitted information for the Heritage Landings plat. Based on our review, we would offer the follovling comments: 1. ThlJ cubmittlld inform:ltlon inc1udlid :1 pr~1iminlry pht wd " gnding ~d dr1in:age phn prepared by John Oliver and Associates. The documents were dated December 4, 1992. 2. 'J'be plU}JCll}' L,uII1.1:m "'-l-'!JI 1..1,\.;. lIald y :Ir, b\'.ll!..~ ,~I; \,';\'k\i :,',M 7G ]\.,t\. I'fh~ rH'\"~I.ty kA~ two Z\j,~j)\~$. Th~ van nUl.j6rity ~f tho: pr"~rty is zoned !{lb 9in~lc family rC9idcminl. Thcre is a narrow strip along the southern boundary that Is 7.oned P: ld slng1e famlty n:sldt:nda1. It appears that several lots, including Lots 10, 12, 13, 19, and 20, Block 2 may be deficient in frontage width for the RId zoning. 3. The plat will need to be reviewed by the County for road and driveway access and right-of- way issues along CSAH 30. Also, the issue of will the exception adjacent to CSAH 30 want to develop and, if so, would access to the County Road be granted should be considered. Pt:rhaps a method to access this property from 180th A venue should be provided. 4. The cul-de-sacs on 180th and 179th Avenues both exceed the ordinance maximum length of 500 feet. S. The plat provides a 20-foot wide easement along the east boundary for a future park trail. This area should be graded to support the trail, then restored with seed so that it is ready for future trail constnlction. 6. The plat immediately south or Hcri~lge Uu\di,\g (P~]d1er 1st Addition) has no ~'\SCn1cnt.S prc;wirlr.tf t11nne jr~ rt'~r lor. Ijnt~:;. C:on:;idcration :;hould be liven to haviol the Hcrita~e Lanamg plat provIae a Wlaer easement in [nis area. ,g!ja !)LOAr.l ~L.&l'II. gUITIii 1M. \tt PJ.UL. UIPd'JC~OTJ. 'j!j'" O'2-17>1Jl1:W' 9800 SHELARO PARKWAY, SUITE 102, MINNEAPOLIS. MINNesorA 55441 e12-546-0432 . Equal Opportunity Employer IS9-17U7.dee ,,' , . Mr. Steve Rohlf December 17, 1992 . Page Two 7. Additional easements may also be required along lot lines with utilities along them, sllch as Lot 9 Block 1 where the storm sewer cuts the corner. 8. The grading proposed adjacent to the existing home site on the north appears to create low areas which will trap water. This area needs to be addressed to eliminate this. 9. An homes in this development should be placed a minimum of 1.0 feet above the top of curb to the garage slab at the high side of the driveway. There are areas shown on the grading plan which may be fJatt~r than this. 10. 180th A venue east of Gary Street flows on to the adjacent property. Provisions to pick up the drainage before leaving the plat should be provided. Also, the storm sewer just ends at this point. More detail, including design calculations, is needed before final approval. 11. Cut-de-sacs tcnd to be consumed with driveways, mailboxes, and fire hydrants, thus leaving minimal area for snow storage. In an e.ffort to help this sitmltion, centrally t~1tcd banks of mail and paper boxes should be required. 12. The alignment of Joplin Street needs to be considered. Joplin is proposed as a major north- south roadway between CSAH 30 and TH 10. However, its alignment south of CSAH 30 is in conflict with the existing farmstead north of CSAH 30. If built on its current alignment, the northerly extension may require an offset intersection. Other options would be to move the alignment south of CSAH 30 to the eat or west. However, such a decision would need to be made now. The final alternative would be the removal of the farmstead in the future. . 13. A review of the available sanitary sewer indicates it will be possible to serve this plat by gravity. However, the actual alignment to access the plat still needs to be determined. If you have any questions regarding these comments, please call. Sincerely, ( MAJER STEWART & ASSOCIATES, INC. ~~ Terry 1. Maurer, P.E. TJM:tp . 1S9-17C77.okc . . . . (,. . "' - , HERITAr.E LA~ING PLAT REASONS FOR GRANTI~G VARIANCE TO EXTEND Cut-Dt-SAC ADDITIONAL 150' 1) Literal enforcement: Unnecess<try and avoidable hardship to the oropertv o~mers ~.,hose driveylavs 'N'ould be enterin!;> Countv R\lad !! 3n. The more orivate drive~.,Clvs enterin~ and exitinp, the Countv Road increase the conp-estion" and chanCe~ of accident 2) Special Conditions: The 2~ acre exceotion from the nlat in the area of the Cul-de-sac make this Dortion of the plat different than most; is unioue to the proncrtv and limits access to the interior lots. 3) Literal anplication: Enforcement of the Ordinance ,,'ould necessitate creation of lots fronting the Countv Road and hence a dangerous situation for residents and users of the Countv Road. Longer Cul-de-Sac ~ives more parking room. 4) S~ccial conditions: Restricted County Road acess cannot be controlled by the petitioner. 5) Not injurious: Cul-de-sacs are desired bv the people who live on them. We want to avoid another thru street to cut out speeders and dan~erous traffic in a quiet residential neighborhood. !WTE: Other COr."mun1ties Haximum cuI-dc-sac lengths are 1100 ft. " -# . / SHERBURNE COUNTY ABSTRACT & TITLE CO. '" PAT RASMUSSON PRESIDENT CATHY BAILEY SEC.ITREAS. BONI CULLEN MANAGER . December 3,1992 Based on the examination of real estate records I find the following are property owners within 350 foot radius of the land described as: Part of Government Lot 4 lying North of Palmers 1st Addition 5-32-26 Richard Kincanon-13375 Joplin St NW Elk River, Mn 55330 Wayne Hemerick-13296 Mississippi Rd M~ Elk River, Mn 55330 Harry Lakoduk-13407 Mississippi Rd M~ Elk River, Mn 55330 Irvin Moldenhauer-12860 Orono Rd NW Elk River, Mn 55330 Calvin Sorenson-17825 Joplin St NW Elk River, ~~ 55330 Lloyd Barthel-17801 Joplin St NW Elk River, Mn 55330 Alberto Sanudo-13416 Riverview Dr ~1J Elk River, 11n 55330 Mark Lucas-13346 Riverview Dr NW Elk River, ~~ 55330 Thomas McNair-22175 Grant Ave M~ Elk River, Mn 55330 Richard Crapser-13308 Riverview Dr ~1~ Elk River, Mn 55330 Michael Hull-13294 Riverview Dr 11~ ELk River, Mn 55330 James Simpson-13278 Riverview Dr M~ Elk River, Mn 55330 Rolland Barthel-13240 Riverview Dr NW Elk River, Mn 55330 Richard Gongoll-13386 Riverview Dr Mv Elk River, Mn 55330 E Dale Palmer-13368 Riverview Dr NW Elk River, Mn 55330 Robert Danforth-13224 Riverview Dr NW ELk River, Mn 55330 Gregory Kreuser-13385 Riverview Dr Mv Elk River, Mn 55330 Lynne Grupa-13351 Riverview Dr NW Elk River, Mn 55330 Robert Kopitzke-13335 Riverview Dr NW Elk River, Mn 55330 John Dietz-13319 Riverview Dr NW Elk River; Mn 55330 Ellsworth Dahlin-13303 Riverview Dr NW Elk River, Mn 55330 Jeffrey Weyenberg-13289 Riverview Dr NW Elk River, Mn 55330 Donald Wille-13273 Riverview Dr NW Elk River, Mn 55330 Steven Barthel-13241 Riverview Dr NW Elk River, Mn 55330 . Boni Cullen <:,.~j.~:!:!:", ~",::."C ',.. r.; I.: ~., .."" 0 :.y, \ \J...' L..E A/II, __'':...\j6 ..." " ,i\. <I!.- " ~ ' .=-:--.-,.. ,. 1/.' ..."7. r .. (' 0 '\ -;. . .J<I "," '_ n w ,( I': ., ~lo -I'. - "-v "". '. I ''yo :. - ~- $. 'oA,. \~ -I ,..: :; ....'" : ~ - :;. t :: ~ '\ ,.~ (,,4::-, ~ ~ 'l~<:';lrr:: t.~o"\" ~ ~~., .,,~V. ~'b> ~ ~ <,;'" ,'" '. (qt. "" ...'" .-:.~..... e of M\\\"\,''''''' "!I:f'uH5n~"\ ~.~ <-- . \. 317 KING AVENUE - ELK RIVER. MINNESOTA 55330 . (612) 441-3280 /iE-72f/ AHiliated with American land Tit!. Association ~ \ " ~ ; t TO: PARK & RECREATION COMMISSIONERS FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: DECEMBER 7, 1992 SUBJECT: PLAT OF "HERITAGE LANDING," PARK DEDICATION "Heritage Landing" is a plat consisting of 76 single family lots proposed by Richard Kincanon (land owner) and Dennis Chuba (developer/builder). The Master Park Plan does not show any parks proposed on the land included within the plat. However, it does show a primary trail loop in this general location. The City's Comprehensive Park System Plan Map and a map showing the general location of the property included in the plat are attached. Also attached is the plat drawing (note that a 20' wide strip of land on the east side of the plat labeled Outlot "C" is proposed to accommodate this trail). The following are issues that need to be considered regarding this primary trail loop: e A. LOCATION This primary trail is designed to connect Orono Park with a future area wide park in the floodplain along the Mississippi River. Issue The corridor for this trail between the softball fields and the new City Hall site should be identified so it can be planned for. * * * * * * * * The Master Park Plan shows this trail continuing south along Fresno Street. This would allow direct access to the trail from a 1/2 acre park in Orono Lake, Third Addition. Issue. (e Should this trail go through this and is there enough right-of-way construct this trail in this location boulevard as part of their yard)? existing neighborhood existing (66 feet) to (people perceive the * * * * * * * * 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 f ~,' ( If this trail south of County Road 30 is located as . proposed by the developers, it would run between their plat and land owned by Erv Moldenhaurer. Mr. Moldenhaurer has expressed interest in platting his property, however, nothing official has been applied for. There would be a gap between the right-of-way of County Road 30 and the trail proposed by the developers of Heritage Landing until Mr. Moldenhaurer plats and subsequently dedicates land for this connection. Issue Should this trail system be located between these subdivisions and, consequently, in people's back yards, or along a road system where traffic is expected (along the proposed Gary Street in this plat or along a future road further east on Mr. Moldenhaurer's land)? Also, consider whether or not Outlot B as proposed by the developers or l80th Avenue should be the connection from Heritage Landing to this trail system. This issue should be specifically addressed in your recommendation to the City Council on this plat. * * * * * * * * The trail as proposed accesses the west end of the future area wide park along the Mississippi. There will be other . accesses as well as internal trails needed in this area wide park. Issue Should these internal trails connect to the downtown river walk and, if so, how would they cross the Elk River? This issue does not directly relate to your review of this plat. B. OWNERSHIP Issue (. Who should have fee ownership of the land underlying the trail? There are two alternatives to who owns the land: 1) the land the trail is situated on could be made part of the individual lots with the City having rights to use this land as a trail through easement. Consider whether or not it would be right to have individual lot owners paying taxes on land and having personal liability for land used as a public trail; 2) the trail could be dedicated to the City through the platting process so the City has fee ownership. Staff feels this is the most reasonable option. . ~! . ~ C. CREDIT ON PARK FEES FOR LAND DEDICATED Issue Should the land dedicated for this trail system reduce the amount of park dedication fees paid and if so, by what amount? Staff recommends the acreage of the land dedicated for the trail be multiplied by the raw land value per acre and credited against the total park dedication fees owed to the City. This assumes the trail is located within the boundaries of this plat. D. IMPROVEMENT OF TRAIL Issue Should this trail be upgraded now? If this trail is upgraded now it will lead to private property; currently there is no area wide park along the Mississippi River. If it is left unimproved, future homeowners may have the perception that the trail is infringing on them when it is constructed. Staff feels the Park and Recreation Commission should consider having the trail grading accomplished with the rest of the plat grading, leaving the bituminous surface until the park along the ~ Mississippi is established. E. TYPE OF TRAIL This trail is considered a primary loop. Issue Should this trail be for pedestrians and bicyclists, how wide should it be or should there be 2 separate trails? F. MAINTENANCE Issue Should the City maintain this trail? It is conceivable that an association agreement could be required through the platting process for the maintenance of this trail. Staff feels that this is a City wide trail for public use and that the City should maintain it. The issue of year round maintenance should also be considered. G. SUMMARY ".~ Some of the issues raised in this memo go beyond what recommendation on the plat should cover, however, need to be considered to make sound decisions. There also be other issues not mentioned in this memo. your they may ... ,,1 ,. , "' Staff anticipates the Council considering this preliminary . plat at their January 18, 1993, meeting. The Park and Recreation Commission should consider this plat at your January meeting so the Council can have the benefit of your recommendation. . ( . .., . " . .. ,.. .... - . t.: CS A H NO '30 .'. . '~ ..::~~~..'.....~:::; . ._._ ...c. ...:: - .:: ~.. '.. . ..\~; -1 . ".' 'I~ . ...... ,., WI" _. ..- ~. .:.. ,. _...~~ . ":;-331 i: : II._..:!.. J I -- ..- r;--l ! ~ :~ 32 ," :- ", I i; .-- '!#.._...!... ~ ", . 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E-' .JM/I.le;!: ,.....,--' - 0C1" .... .- -- ~ ........ ,..- - . _ / f ~ ~ ~ ~ CONS\JLTING ENGINEERS IIfIIIIr'WI Maier Stewart & Associates Inc. January 18, 1993 File: 230-159-10 Honorable Mayor and City Council City of Elk River 720 Dodge Avenue NW Elk River, MN 55330 RE: HERITAGE LANDING FEASIBILITY STUDY Dear Council Members: The City has received the attached Petition for Local Improvement from Richard Kincanon and Dennis Chuba for the proposed Heritage Landing preliminary plat. The petition requests the extension of City sanitary sewer, water, and storm drainage facilities along with site grading and construction of permanent urban streets. The petition has been reviewed by the . City staff and has been determined to be adequate. For the benefit of the new City Council members, the following is a listing of the typical steps in a developer-driven public improvement process: 1. Developer presents proposed project to City staff at concept review meeting. 2. Completed development submittal including preliminary plat is presented to Planning Commission. 3. Development proposal is submitted to City Council for preliminary plat approval. 4. After preliminary plat approval, the City Council can consider ordering a feasibility study based on a petition from the developers. If a feasibility study is authorized, it is contingent on an escrow being placed by the developers to cover the cost of the study. 5. The completed feasibility study is presented to the City Council. A public hearing is scheduled before the City Council (developers may waive this requirement). . 6. After the public hearing, if necessary, the City Council considers ordering the preparation of plans and specifications for the improvements. Again, the developer is required to place an escrow to cover the cost should the project die. 1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-n4-6021 9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612.546-0432 . Equal Opportunity Employer 159-1802.jan . Honorable Mayor and City Council January 18, 1993 Page Two 7. Construction bids are received and considered by the City Council. The City Council awards the construction contract after the developer enters into a Developer's Agreement and places necessary surety. 8. The improvements are constructed under City supervision. 9. An assessment roll is adopted by the City Council after an Assessment Hearing, if required. Based on the petition received, the attached draft resolution is presented for City Council consideration. This petition declares the adequacy of the petition and orders the feasibility study. Preparation of the feasibility study should be contingent on the developer placing an escrow with the City to cover its cost. If you have any questions regarding this information, please call. Sincerely, . MAIER STEWART & ASSOCIATES, INC. ~fJ11!~ Terry t'Maurer, P.E. TJM:tp Attachment . 159-1802.jan .. J'AN-11-'93 MON . . '. . . '941 CITY OF ELK R. lER P.02 PETITION FOR LOCAL IMPROVEMENT City of Elk River State of Minnesota (.. :r 4 ,..) , 19~ To the City Council of Elk River, Minnesota: WE, THE UNDERSIGNED OWNERS of (all) (not less th~n 35 percent in fro~ta~e) of the ~:al ,pro~erty desc~ibe~s_:~ '"T",,:,"~ - s~~: "'<j T"" -'l" ;,:;:: ..... ~ ~ "-..3.~ .---<'" u.~ ..:-..... L"r-r- " 0' ~-...:.::. .~."..\ -/)/1." -'1I''''''---1M:--'4(1" .-.. ,.... -~t.ll~.- .a4vr-'Tr.. '" -A~.A 'l:J.If".u . hereby petition. pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the COSts or said improvement. OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof: waives any ciaim that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Date Signature of Owner Description of Property Pri nt Name of Owner t{Cb~ 3. 4 . (. . JhJ 91 5. 6. 7. B. 9. 10. <V ri?t:, 5' J~~~~ 51:'<< -l. Ix: "'" ~, ~~4. ? ~14~/~N J. t/~";/;..:t"rSJJ Examined. checked, and found to be 1n proper form and to be signed by the owners of the above-stated Quantity of property affected by the making of the improvement petitioned for. C1tY Cleric A-S __ . i.. .,. . . . RESOLUTION 93 - A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MA TIER OF THE HERITAGE LANDING IMPROVEMENT OF 1993 WHEREAS the City has received a petition (the Petition) requesting that the City improve certain property by extending sanitary sewer, water, storm drainage, site grading, and permanent streets (the improvements); and WHEREAS the City has reviewed the Petition and identified the owner of the real property abutting the streets named in the Petition and determined the Petition has been duly executed by the owners of not less than 35 % in frontage of the real property abutting on the streets named in the Petition as the location of the improvements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: 1. The Petition is hereby declared to have been signed by the owners of at least 35 % of the frontage of the real property abutting on the streets named in the petition as the location of the improvement. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. This Petition is hereby referred to Maier Stewart & Associates, Inc., who is instructed to provided to the City Council a report advising, in a preliminary way, whether the proposed improvement is feasible and whether the improvement should thus be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. Passed and adopted this 25th day of January, 1993. Hank Deutsman, Mayor ATIEST: Sandra A. Thackeray, City Administrator lS9-1802.jan . . . 7 Jan 1993 LEITER OF CO-OPERATION TO: City of Elk River Planning Commission City Council RE: Land owner's intent to co-operate in building a storm water retention area for use by the Heritage Landing plat and any future platting of the Irv Moldenhauer land. This letter will serve to notify the City of Elk River that landowners Irvin Moldenhauer and Richard Kincanon intend to co-operate in building a storm water retention area to be located on the unbuildable portion of Irvin Moldenhauer's land for use by both the proposed Heritage Landing plat and any future platting of the Moldenhauer land. It is the intent of the developers of the Heritage Landing plat to design, build and pay for the direct construction costs of this retention area. ACCEPrANCE: ~!"\' /-r )J"-&-&t ~'~'=---Ir Irvin Moldenhauer (2J;c'->. D l!~ CC/"-"---- Richard Kincanon Subscriged and sworn to before Ire this ~/;tj'\.. day of January, 1993. /'\ r ':-+' 'vf /11/1 . LJ'L.-u...;,wV\.O / " ( Cl/cffi- Signature of Notary Public Notarial stamp or seal below ~-............._......_.....................-.:- 7 : 8 CHRISTINE M. MAROS ~ ! :v NOTARY PU6Uc.MINNESOTA ! ! SHERBURNE COUNTY J ; My Comm. Expires Nov. 19, 1998 j ..-...............................................r.~ . - .......1'"