6.10. SR 04-19-1993
ITEM 6.10
TO:
MAYOR AND CITY COUNCIL
FROM:
STEPHEN ROHLF, BUILDING AND ZONING
ADMINISTRATOR
APRIL 15, 1993 :>R
DATE:
SUBJECT: PRELIMINARY PLAT AND VARIANCE
REQUEST ASSOCIATED WITH THE PLAT
OF MEADOWVALE HEIGHTS BY DENNIS
BACKES/PUBLIC HEARING, CASE NO.
P 93-04
OVERVIEW
The plat of Meadowvale Heights consists of 113 lots on 80 acres
of property. The plat is proposed to be served by City sewer
and water, and will be accomplished in two phases. The
developer is also requesting a variance on the length of a
dead-end road associated with the plat.
.
Staff refers the Council to the attached Planning Commission
memo regarding this plat for further details. Also attached is
an updated memo dated April 13, 1993, from Terry Maurer
regarding his review of the plat.
PLAT
The Planning Commission recommended approval of the preliminary
plat with stipulations. The following are those stipulations
and any updates regarding them:
1. FINAL PLAT BE SUBMITTED WITHIN 1 YEAR FOLLOWING THE
DATE OF CITY COUNCIL PRELIMINARY PLAT APPROVAL,
UNLESS AN EXTENSION IS GRANTED BY THE CITY COUNCIL.
The developer is proposing to follow-up with final
plat on the first phase immediately. This
stipulation would affect the second phase.
2. THE DEVELOPERS AMEND THEIR PRELIMINARY PLAT DRAWING
TO PROVIDE THE REQUIRED INFORMATION PRIOR TO THE CITY
COUNCIL ACTING ON PRELIMINARY PLAT.
This stipulation has been satisfied.
3.
IN ORDER FOR THE DEVELOPERS TO FILL WETLANDS, THEY
MUST A) DELINEATE THE WETLANDS ACCURATELY (this has
been accomplished); B) PROVIDE JOINT NOTIFICATION TO
THE REQUIRED STATE AGENCIES AND GAIN THEIR APPROVAL
(staff believes the developers have notified the
appropriate agencies and are awaiting their
responses); C) GAIN THE APPROVAL OF THE TECHNICAL
EVALUATION PANEL (This panel will review the
proposed filling of wetlands in the plat after
.
720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420
PP & Variance, Meadowvale Heights
April 16, 1993
Page 2
.
responses are received from other appropriate
agencies, but prior to final plat review); AND D)
MITIGATE THE FILLED WETLANDS AT A RATIO OF AN ACRE
PER ACRE (The cost of replacing these wetlands
should be added to the amount of the letter of credit
for the improvements in the plat. The technical
evaluation panel will also have to approve the
wetland mitigation plan).
4.
OTHER APPROVALS NEEDED.
Improvements internal to the plat are not proposed to
be done as a City project, therefore, it should be
made clear who has the responsibility to obtain the
following permits:
a. DEPARTMENT OF HEALTH PERMIT FOR THE EXTENSION OF
WATER. THIS IS THE RESPONSIBILITY OF THE CITY
ENGINEER, WHO WILL BE DESIGNING THE WATER SYSTEM
FOR THE PLAT.
b. AN MPCA PERMIT IS OBTAINED FOR THE EXTENSION OF
SEWER. THIS IS THE RESPONSIBILITY OF THE CITY
ENGINEER.
.
c. AN NPDES PERMIT IS OBTAINED FOR GRADING. THIS
IS THE DEVELOPERS RESPONSIBILITY.
d. A DNR PERMIT FOR DE-WATERING.
DEVELOPERS RESPONSIBILITY.
THIS IS THE
e. A CONSTRUCTION PERMIT FROM THE SHERBURNE COUNTY
ENGINEERING DEPARTMENT. THIS IS THE DEVELOPERS
RESPONSIBILITY. Further, the Planning Commission
recommended 50 feet of right-of-way from the
center line of Meadowvale Road is dedicated
through the platting process. Since the Planning
Commission meeting, the Sherburne County
Engineering department has indicated that they
only need 33 feet of right-of-way from center
line. They felt that, if this road is upgraded,
it would be an urban section road versus a rural
section. Therefore, they only require 33 feet.
5. THE DEVELOPER GAIN COUNTY APPROVAL FOR CROSSING THE
DITCH WITHIN THE PLAT AND THE DRAINAGE PLAN FOR THE
PLAT INCORPORATES COUNTY COMMENTS REGARDING THE
AFFECTS OF PLAT DRAINAGE ON THE COUNTY DITCH
SYSTEM. Staff has conferred with the City Engineer
and County Attorney and feels the appropriate steps
would be as follows:
.
a. THE DEVELOPER DOES THE DRAINAGE CALCULATIONS,
WHICH WOULD SHOW THE INCREASED RUN-OFF FROM THE
PLAT. The easiest scenario is that the
PP & Variance, Meadowvale Heights
April 16, 1993
Page 3
.
Developer handles this increase in run-off
internally in his plat by increasing the size of
wetlands and limiting the size of the culvert
under Elgin Road, which is the outlet to the
ponds in the plat.
b.
THE CITY ENGINEER MUST REVIEW THE DRAINAGE
CALCULATIONS TO DETERMINE THE DOWNSTREAM IMPACTS.
c. THE COUNTY, WITH THE BENEFIT OF THE CITY
ENGINEER'S REVIEW, APPROVES THE DRAINAGE PLAN
PRIOR TO FINAL PLAT APPROVAL.
d. THE DEVELOPER WORKS WITH THE COUNTY REGARDING A
REDISTRIBUTION OF FUTURE DITCH ASSESSMENTS ONTO
THE INDIVIDUAL LOTS IN THE PLAT PRIOR TO
RECORDING IT.
e. THE DEVELOPER IS RESPONSIBLE FOR WHATEVER
IMPROVEMENTS ARE NEEDED FOR THE DITCH SYSTEM TO
HANDLE THE DRAINAGE FROM THE PLAT.
.
f. THE DEVELOPER GRANTS THE COUNTY RIGHTS (IN A
FORM DETERMINED BY THE COUNTY) TO THE DITCH IN
THE SOUTEAST CORNER OF THE PLAT (DITCH 31) PRIOR
TO RECORDING.
6. THE ISSUE OF OWNERSHIP OF WETLANDS WITHIN THE PLAT
RESOLVED ACCORDING TO ESTABLISHED CITY POLICIES PRIOR
TO ACTING ON FINAL PLAT. If the wetlands are in
City ownership, access to them from the streets in
the plat must be provided.
7. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO
FINAL PLAT. The Developer has submitted a
development plan, which is unacceptable. Revising
this development plan could possible result in the
loss of lots and the Developer should be aware that
preliminary plat approval is contingent on this issue
being resolved.
8.
THE SITE GRADING NEEDED TO ACCOMPLISH DRAINAGE IS
DONE AT THE SAME TIME AS THE ROAD GRADING, BY THE
DEVELOPER, AND NOT LEFT TO FUTURE HOME BUILDERS TO
ACCOMPLISH. Terry Maurer comments in his memo dated
April 13, 1993, that the drainage plan needs to be
adjusted because storm water will not stay in the
drainage easements that will be established through
the plat as currently designed. Further, the
Developer must supply drainage calculations for
review and approval by both the City Engineer and the
County.
.
PP & Variance, Meadowvale Heights
April 16, 1993
Page 4
.
9.
FRONTAGES ARE ADJUSTED TO MEET THE MINIMUM 80 FOOT
WIDTH ON LOTS 17 AND 18, BLOCK 3, AND LOT 29 OF BLOCK
4. The revised plat has revised lot numbers,
however, this stipulation has been satisfied. As
Terry Maurer indicates in his memo, the lots abutting
Meadowvale Road are double frontage lots and should
be 135 feet in depth.
10. THE WESTERN 40 ACRES INCLUDED IN THE PLAT BOUNDARY
IS LABELED AN OUTLOT. This has been accomplished on
the revised preliminary plat.
11.
THE STREET NAMES IN THE PLAT ARE ADJUSTED AS PER
MARCH 19, 1993, PLANNING COMMISSION MEMO.
revised preliminary plat has the street
accurately noted.
THE
The
names
12. THE DEVELOPER GAIN APPROVAL FROM UNITED POWER
ASSOCIATION FOR THE CONSTRUCTION OF A ROAD WITHIN
THEIR EASEMENT PRIOR TO FINAL PLAT APPROVAL.
UPA has given approval for roads to be built in their
easement provided they do not exceed an elevation of
908 feet.
.
13. THE PARK AND RECREATION COMMISSION RECOMMENDED THE
FOLLOWING FOR PARK DEDICATION:
a. TRAIL: A TRAIL SYSTEM SHOULD RUN THROUGH THIS
PLAT FROM THE SOUTHWEST CORNER TO THE FAR
NORTHEAST CORNER AS FOLLOWS:
A 20 FOOT WIDE TRAIL DEDICATED BETWEEN LOTS
10 AND 9, BLOCK 2B (REVISED LOT NUMBERS).
70 FEET OF RIGHT OF WAY ON ELGIN STREET
NORTHERLY TO CONNECT WITH MEADOWVALE ROAD IN
THE VICINITY OF 193RD AVENUE, VIA A 20 FOOT
WIDE TRAIL DEDICATION IN THE LOCATION OF THE
UPA EASEMENT, OR SOUTHERLY ON DENVER STREET
VIA A 70 FOOT ROAD.
A TRAIL NORTHERLY FROM 193RD AVENUE
NORTHEAST CORNER OF THE PLAT, BY
INTERNAL TO THE PLAT HAVING 70 FEET OF
OF WAY DEDICATED, OR A 10 FOOT WIDE
DEDICATED ADJACENT TO MEADOWVALE ROAD.
TO THE
ROADS
RIGHT
STRIP
.
b. PARK: THE PARK AND RECREATION COMMISSION
RECOMMENDED THAT A 1 1/2 ACRE NEIGHBORHOOD PARK
BE ESTABLISHED ALONG THE NORTHERN PROPERTY LINE
OF THE PLAT, WITH THE EXCEPTION THAT IT CAN NOT
BE ADJACENT TO MEADOWVALE ROAD. IT is the Park
and Recreation Commissions hope to add to this
.
.
.
PP & Variance, Meadowvale Heights
April 16, 1993
Page 5
acre and a half when property to the north of
this plat develops.
ANY REMAINING PARK DEDICATION WOULD BE IN
THE FORM OF CASH.
14. THE CITY ENGINEER DESIGNS THE SEWER AND WATER LINES
INTERNAL TO THE PLAT. FURTHER, THAT THE CITY
ENGINEER REVIEWS AND APPROVES ALL OTHER PLANS
ASSOCIATED WITH THIS PLAT, WHICH INCLUDE GRADING,
DRAINAGE, AND STREETS.
15. ELGIN STREET ON THE NORTH END OF THE PLAT IS
PROVIDED WITH A TEMPORARY TURN AROUND LARGE ENOUGH TO
ACCOMMODATE SCHOOL BUSES AND EMERGENCY VEHICLES (WITH
TEMPORARY EASEMENTS OUTSIDE OF THE 60 FOOT
RIGHT-OF-WAY, THAT WILL AUTOMATICALLY BE VACATED WHEN
THE ROAD IS EXTENDED). FURTHER, THAT THIS ROAD IS
TARRED TO THE PLAT BOUNDARY.
16. THIS PLAT IS CONTINGENT UPON A VARIANCE BEING
APPROVED FOR THE MAXIMUM LENGTH OF A DEAD-END ROAD.
17. IMPROVEMENTS IN THE PLAT ARE TO BE COMPLETED WITHIN
1 YEAR FOLLOWING THE DATE OF FINAL PLAT APPROVAL.
18. PRIOR TO RECORDING, THE DEVELOPER PROVIDE THE CITY
WITH A LETTER OF CREDIT FOR 100% OF ESTIMATED COSTS
OF THE IMPROVEMENTS WITHIN THE PLAT, INCLUDING THE
COST OF WETLAND MITIGATION (OR WHATEVER PERCENTAGE IS
CITY POLICY AT THE TIME OF RECORDING). IN ADDITION, A
25% WARRANTY BOND WILL BE REQUIRED FOR A 1 YEAR
PERIOD FOLLOWING CITY ACCEPTANCE OF IMPROVEMENTS IN
THE PLAT.
19. ALL THE STIPULATIONS OF THE APPROVAL OF THIS PLAT
ARE AGREED TO THROUGH A DEVELOPERS AGREEMENT PRIOR TO
RECORDING THE PLAT.
20. THE DEVELOPER REIMBURSE THE CITY FOR THE COST OF
REVIEWING THIS PLAT PRIOR TO FINAL PLAT REVIEW.
REVISED PLAT DRAWING
The original plat drawing showed 193rd extending westerly from
its present location to intersect with Elgin Drive. This
resulted in double frontage lots, which the Planning Commission
recommended eliminating. The revised plat drawing shows the
elimination of this 193rd extension and the double frontage
lots.
.
.
.
PP & Variance, Meadowvale Heights
April 16, 1993
Page 6
ADDITIONAL STAFF RECOMMENDED CONDITIONS
In addition to the Planning Commission recommendations, staff
offers the following:
The preliminary plat incorrectly notes the side setback
for a house as 5 feet. The setback is 10 feet.
Staff feels Lot 28, Block 4A, Lot 6, Block 2A, and Lot 23,
Block 1B, are questionable for placing a house on them
with the revised layout of the lots. The developers
should be questioned on these lots.
A DNR permit is not required for crossing the ditch in the
southeast corner of the plat, however, an Army Corps of
Engineers permit may be necessary. This would be the
responsibility of the developer to obtain.
Staff recommends this plat is contingent upon the
extension of trunk sewer and water to serve the plat, and
adequate water capacity without the need for a water tower.
VARIANCE
Staff refers the City Council to Section 900.40 of the Elk
River City Code of Ordinances which contains the Five Standards
to consider when reviewing a variance request. The Planning
Commission felt the developer met the Five Standards for
granting a variance on Elgin Street, and recommended approval
for this road to exceed the maximum length of a dead-end.
ITEM 11
TO: PLANNING COMMISSION
FROM: STEPHEN ROHLF, BUILDING AND ZONING
ADMINISTRATOR
DATE: MARCH 19, 1993
SUBJECT: PRELIMINARY PLAT AND VARIANCE
REQUEST ASSOCIATED WITH THE PLAT
OF MEADOWVALE HEIGHTS BY DENNIS
BACKES/PUBLIC HEARING, CASE NO.
P 93-04
APPLICANT
Dennis Backes, developer, and Mrs. Virginia Barnier, property
owner.
REQUESTED ACTION
Preliminary plat review of a 113 lot subdivision on 121 acres
proposed to be served by City sewer and water and a 720 foot
encroachment on the maximum length of a dead-end road.
SITE ZONING/LAND USE
. R1c, Single Family Residential
SURROUNDING ZONING
Single Family Residential in all directions.
LEGAL DESCRIPTION
The SE 1/4 of the NW 1/4 of the NW 1/4 of the SE 1/4 and the SW
1/4 of the NE 1/4, Section 29, Township 33, Range 26, Sherburne
County, Minnesota. A map showing the affected area is attached.
OVERVIEW
Mr. Backes is proposing to plat 80 acres of the 121 acres owned
by Mrs. Barnier. This plat will consist of 113 single family
lots served by City sewer and water and is proposed to be
developed in 2 phases.
PRELIMINARY PLAT DATA
.
Attached is a memo from Terry Maurer, City Engineer, dated
March 16, 1993. As Mr. Maurer indicates in his memo under A3,
there is number of items lacking on the preliminary plat
drawing. One of these items is the boundary between phases.
The preliminary plat drawing will need to have the appropriate
information prior to the City Council reviewing the preliminary
plat.
720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420
PP & Variance, Meadowvale Heights
March 19, 1993
Page 2
.
DURATION OF APPROVAL
Mr. Backes will immediately follow up the preliminary plat
approval with final plat review of the 1st phase. Final plat
approval for the 2nd phase will need to occur within 1 year of
the date of preliminary plat approval or it will be considered
void (unless for a good cause an extension is granted by the
City Council). This extension should be requested prior to the
1 year period ending.
PUBLIC IMPROVEMENTS
Mrs. Barnier and Mr. Backes have petitioned the City to have
trunk sewer and water lines extended from their present
location, westerly to the plat. The affected area map shows
the approximate location of the extension of these trunk
facilities. Mr. Backes is proposing to accomplish the public
improvements internal to the plat without City funding.
WETLANDS
.
Three wetlands are proposed to be filled to accomplish this
plat. For review of wetland issues, staff refers the Planning
Commission to sheet 4 provided by the developer, "Wetland
Mitigation Plan." It appears the northern most wetland is
being filled only to accommodate lots. This may also be the
situation with the southern most wetland. The filling of the
middle wetland is to accommodate the placement of a proposed
road in a logical location opposite the existing 193rd Avenue,
east of the plat.
The City is the local governmental unit administering the
interim rules of the wetland conservation act. The filling of
these wetlands will have to go through a permitting process
requiring the following:
1.
Delineation of
responsibility) .
wetland
boundaries
(Developers
2. Joint notification of all applicable governmental
agencies, most notably the DNR and Army Corps of
Engineers, (Developers responsibility).
3.
Review by the technical evaluation panel which
consists of a representative of BWSR, the City
Engineer, a representative of the Sherburne County
Soil and Water Conservation Service, and Gary Schmitz
of the City of Elk River. This board will make the
final decision whether or not these wetlands can be
filled. However, other State agencies can veto the
filling of these wetlands. There is some question
whether or not the wetlands that are being filled to
accommodate lots meet the intent of the wetland
conservation act. Whatever wetlands are filled,
.
.
.
.
PP & Variance, Meadowvale Heights
March 19, 1993
Page 3
---------------------------------
mitigation on an acre per acre basis is required.
The location of the proposed mitigation is shown on
the Wetland Mitigation Plan.
The southern most road in the plat is proposed to cross a
County ditch, which is also a DNR protected stream. However, a
DNR permit is not required. Staff is awaiting comments from
the Army Corps of Engineers regarding this crossing. Staff
will also be contacting the Sherburne County Ditch Inspector to
receive his comments regarding the crossing of this ditch and
other comments regarding the affects of the drainage from this
plat on the County ditch system. Staff anticipates the County
requiring easement over the ditch being reflected on the plat.
The ownership of the large wetland areas in this plat will need
to be thought through. The options are:
1. City ownership, which would require access for
maintenance purposes.
2. Have the wetlands included as parts of the individual
lots but protected with drainage easements.
3. Have the wetlands made outlots, which typically go
tax forfeit and end up in City ownership anyway.
The benefit of City ownership is control of the use of the
wetlands. However, City ownership would most likely mean we
would receive ditch assessments for maintenance of the County
ditch system. Staff will inquire whether or not the County
wants to own the property for their ditch. Ownership is an
overall policy issue that is being explored by the City
Engineer in the City Storm Water Management Plan. The
ownership issue will need to be resolved prior to this plat
receiving final plat approval.
Staff agrees with Mr. Maurer's
buildability of several lots in the
determination of the exact boundary
notably, lots 17, 18, and 19 on
southern most cul-de-sac.
comments regarding the
plat being dependant on the
of the wetlands. Most
the northern side of the
DEVELOPMENT PLAN
Staff is especially concerned that an adequate development plan
is provided for this plat because it is an area with numerous
wetlands. The development plan needs to be based on soil
borings. Staff is recommending the development plan be
approved by staff prior to the City Council acting on final
plat.
PP & Variance, Meadowvale Heights
March 19, 1993
Page 4
---------------------------------
. GRADING AND DRAINAGE
Staff concurs with Mr. Maurer's comments in his memo under item
C, Grading Plan. Staff is recommending all site grading needed
to accomplish drainage in the plat be done by the developer at
the same time as the road grading and not left to individual
builders to accomplish.
LOT SIZES
The property is zoned R1c, single family residential. Minimum
lot sizes are 10,000 square feet in size with a minimum of 80
feet of frontage, except corner lots which are required a
minimum dimension of 100' along adjoining streets.
There is an exception to the frontage requirement where lot
lines do not run parallel. This is the case with cul-de-sac
lots and lots on corners. The lots proposed in this plat
appear to be adequate for lot size, but some lack proper
frontage.
.
Lot 38, Block 4, contains Mrs. Barnier's existing house. The
proposed lot lines around this house conform to the setbacks
required in an R1c zone, which are 10 feet side and rear and 30,
feet front.
Appropriate side, rear, and front yard drainage and utility
easements will be required.
FUTURE ROAD EXTENSIONS
The developer has provided for a future road extension to
access unsubdivided property lying north of his plat. This is
an appropriate location for an extension of this street.
There is an easement that runs from 192 1/2 Avenue (in the plat
of M-Vale) easterly to the SW corner of this plat (adjacent to
the railroad tracks). Staff feels there is no need to make
this connection.
No provision has been made to access Mrs. Barnier's western
most 40 acres from this plat. Allowing for this would mean the
elimination of at least 1 lot, but would also allow the City
access to the adjacent wetland, if it is in City ownership.
Also, a corridor for looping water lines to the western 40
acres may be necessary.
.
Mrs. Barnier's western 40 acres does have access via an
easement off the end of the cul-de-sac on 192 1/2 Avenue (in
the plat of M-Vale). It may be more appropriate that this
western 40 acres is accessed from the north when adjacent
unsubdivided properties are platted.
PP & Variance, Meadowvale Heights
March 19, 1993
Page 5
---------------------------------
.
UNDEFINED PARCELS
Mrs. Barnier's western 40 acres should be labeled an outlot or
exception since it has been included in the plat boundary.
Also, the large wetlands included within the plat boundaries
may be most appropriately labeled outlots, depending on
ownership. Further lands adjacent to the wetland in the
southeast corner of the plat have been left unattached. The
use and ownership of these properties should be determined.
STREET NAMES
.
Staff is wrestling with errors made long ago regarding street
names. The street in the southern end of the plat labeled 192
Avenue lies south of where that number falls on the City's grid
system and north of where 192 Avenue is actually situated,
(south of the railroad tracks). There is no good answer to
naming this street, however, staff feels the least
objectionable name is Elgin Drive. Staff proposes Elgin Drive
run from Meadowvale Road on the south to Denver Street on the
north (eliminating the northern 193 1/2 Avenue as identified on
the plat). Staff further recommends that the southern 193 1/2
Avenue identified on the plat be renamed 192 1/2 Court, Denver
Street south of 193 Avenue be renamed Denver Circle, 194 Avenue
is renamed 195 Avenue, and Elgin Street in the north end of the
plat is renamed Elgin Court south of staff's proposed 195th
Avenue.
UPA EASEMENT
Running east and west through the approximate center of the
plat, is an United Power Association easement. The developers
must gain the approval of UPA to construct a road within their
easement. The lots affected by this easement all appear to
have adequate building site outside of the easement. However,
lot 23, block 4 is somewhat restricted.
OTHER APPROVALS
1. MN Health Department permit for the extension of
water (City Engineer).
2 .
MPCA permit for the extension
Engineer) .
of
sewer
(City
3. NPDES permit for grading (Developer).
4 .
Construction permit from the County Engineering
Department for work done in the right-of-way of
Meadowvale Road (Developer). The County Engineering
Department has reviewed this plat and is requesting
an additional 17 feet of right-of-way for Meadowvale
Road. This may cause the elimination of some lots.
.
.
.
.
PP & Variance, Meadowvale Heights
March 19, 1993
Page 6
5.
County approval of the ditch crossing and County
review of overall drainage as it relates to the
County ditch system (Developer). All portions of the
County ditch system must be protected by, at least,
easements. Also, the developer will have to work
with the County on a reapportionment of ditch
assessments.
6. Army Corps of Engineers permit for the ditch
crossing, if needed (developers responsibility).
PARK DEDICATION
There are no proposed
Comprehensive Plan within the
there is a proposed trail.
will be considering this plat
parks identified in the City
boundaries of this plat, however,
The Park and Recreation Commission
at their April 7, 1993, meeting.
EAW
Environmental Assessment Worksheet will not be needed for this
plat because it falls short of the 250 lot threshold for
mandatory EAW.
RECOMMENDATION
Staff is recommending preliminary plat approval for the plat of
Meadowvale Heights with the following stipulations:
1. FINAL PLAT BE SUBMITTED WITHIN 1 YEAR FOLLOWING THE
DATE OF CITY COUNCIL PRELIMINARY PLAT APPROVAL,
UNLESS AN EXTENSION IS GRANTED BY THE CITY COUNCIL.
2. THE DEVELOPERS AMEND THEIR PRELIMINARY PLAT DRAWING
TO PROVIDE THE REQUIRED INFORMATION PRIOR TO THE CITY
COUNCIL ACTING ON PRELIMINARY PLAT.
3. IN ORDER FOR THE DEVELOPERS TO FILL WETLANDS, THEY
MUST A) DELINEATE THE WETLANDS ACCURATELY; B) PROVIDE
JOINT NOTIFICATION TO THE REQUIRED STATE AGENCIES AND
GAIN THEIR APPROVAL; C) GAIN THE APPROVAL OF THE
TECHNICAL EVALUATION PANEL; AND D) MITIGATE THE
FILLED WETLANDS AT A RATIO OF AN ACRE PER ACRE.
4. A MINNESOTA DEPARTMENT OF HEALTH PERMIT IS OBTAINED
FOR THE EXTENSION OF WATER.
5. AN MPCA PERMIT IS OBTAINED FOR THE EXTENSION OF SEWER.
6. AN NPDES PERMIT IS OBTAINED FOR GRADING.
7 .
A CONSTRUCTION PERMIT IS OBTAINED FROM THE SHERBURNE
COUNTY ENGINEERING DEPARTMENT AND 50 FEET OF RIGHT-
.
.
.
. .
PP & Variance, Meadowvale Heights
March 19, 1993
Page 7
---------------------------------
OF-WAY FROM THE CENTER LINE OF MEADOWVALE ROAD IS
DEDICATED TO THE COUNTY.
8.
THE DEVELOPER GAIN COUNTY APPROVAL FOR CROSSING THE
DITCH WITHIN THE PLAT AND THE DRAINAGE PLAN FOR THE
PLAT INCORPORATES COUNTY COMMENTS REGARDING THE
AFFECTS OF PLAT DRAINAGE ON THE COUNTY DITCH SYSTEM.
FURTHER, THE DEVELOPER CONTACT SHERBURNE COUNTY
REGARDING A REAPPORTIONMENT OF THE DITCH ASSESSMENT
TO THE VARIOUS LOTS IN THE PLAT.
9.
THE ISSUE OF OWNERSHIP OF THE LARGE WETLANDS WITHIN
THE PLAT RESOLVED ACCORDING TO ESTABLISHED CITY
POLICIES PRIOR TO THE CITY COUNCIL ACTING ON FINAL
PLAT.
10. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO
FINAL PLAT.
11.
THE SITE GRADING NEEDED
DONE AT THE SAME TIME
DEVELOPER, AND NOT LEFT TO
ACCOMPLISH.
TO ACCOMPLISH DRAINAGE IS
AS THE ROAD GRADING, BY THE
FUTURE HOME BUILDERS TO
12. FRONTAGES ARE ADJUSTED TO MEET THE MINIMUM 80 FOOT
WIDTH ON LOTS 17 AND 18, BLOCK 3, AND LOT 29 OF BLOCK
4.
13. THE WESTERN 40 ACRES INCLUDED IN THE PLAT BOUNDARY IS
LABELED AN OUTLOT.
14. THE LARGE WETLANDS AND OTHER UNATTACHED PROPERTY IN
THIS PLAT ARE EITHER INCLUDED IN LOTS OR LABELED
OUTLOTS, DEPENDENT UPON FUTURE CITY OWNERSHIP.
15. THE STREET NAMES IN THE PLAT ARE ADJUSTED AS PER THIS
MEMO.
16. THE DEVELOPER GAIN APPROVAL FROM UNITED POWER
ASSOCIATION FOR THE CONSTRUCTION OF A ROAD WITHIN
THEIR EASEMENT.
17. PARK DEDICATION BE AS PER THE PARK AND RECREATION
COMMISSION'S RECOMMENDATION.
18. THE CITY ENGINEER DESIGNS THE SEWER AND WATER LINES
INTERNAL TO THE PLAT, WHICH IS CITY POLICY, AND THE
OTHER RECOMMENDATIONS LISTED IN MR. MAURER'S MEMO
DATED MARCH 16, 1993 ARE INCORPORATED IN THE DESIGN
OF THE OTHER IMPROVEMENTS WITHIN THE PLAT.
19. ELGIN STREET ON THE NORTH END OF THE PLAT IS PROVIDED
WITH A TEMPORARY TURN AROUND LARGE ENOUGH TO
ACCOMMODATE SCHOOL BUSES AND EMERGENCY VEHICLES (WITH
I \
"
PP & Variance, Meadowvale Heights
March 19, 1993
Page 8
.
TEMPORARY EASEMENTS OUTSIDE OF THE 60 FOOT
RIGHT-OF-WAY, IF NEEDED). FURTHER, THAT THIS ROAD IS
TARRED TO THE PLAT BOUNDARY.
20.
THIS PLAT IS CONTINGENT UPON A VARIANCE BEING
APPROVED FOR THE MAXIMUM LENGTH OF A DEAD-END ROAD.
21. IMPROVEMENTS IN THE PLAT ARE TO BE COMPLETED WITHIN 1
YEAR FOLLOWING THE DATE OF FINAL PLAT APPROVAL.
22. PRIOR TO RECORDING, THE DEVELOPER PROVIDE THE CITY
WITH A LETTER OF CREDIT FOR 100% OF ESTIMATED COSTS
OF THE IMPROVEMENTS WITHIN THE PLAT, OR AT WHATEVER
PERCENTAGE IS CITY POLICY AT THAT TIME. IN ADDITION,
A 25% WARRANTY BOND WILL BE REQUIRED FOR A 1 YEAR
PERIOD FOLLOWING CITY ACCEPTANCE OF IMPROVEMENTS IN
THE PLAT.
23. ALL THE STIPULATIONS OF THE APPROVAL OF THIS PLAT ARE
AGREED TO THROUGH A DEVELOPERS AGREEMENT.
24. THE DEVELOPER REIMBURSE THE CITY FOR THE COST OF
REVIEWING THIS PLAT PRIOR TO FINAL PLAT REVIEW.
25. THAT LOT 8, BLOCK 3 HAS NO FRONTAGE ON 193RD AVENUE.
. VARIANCE REQUEST
Elgin Street, in the north end of the plat is 1220 feet in
length from the center line of Meadowvale Road to the end of
the right-of-way in the cul-de-sac, therefore, a variance is
needed. When this street is extended northward, for the
subdivision of property adjacent to the plat, this cul-de-sac
in question will meet the City's current 500 foot length.
Staff refers the Planning Commission to Section 900.40 of the
Elk River Code of Ordinances, which contains the five standards
to consider when reviewing a variance request.
.
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SHERBURNE COUNTY ABSTRACT & TITLE CO.
PAT RASMUSSON
PRESIDENT
CATHY BAILEY
SEC./TREAS.
BONI CULLEN
MANAGER
March 2, 1993
Based on the examination of real estate records I find the following are property
owners within 350 foot radius of the land described as the Southeast Quarter
of the Northwest Quarter; Northwest Quarter of the Southeast Quarter and the
Southwest Quarter of the Northeast Quarter of Section 29, Township 33, Range 26,
Sherburne County, Minnesota.
Dennis Backes, 7026 Brooklyn Blvd., Brooklyn Park, MN 55429
Ronald Nord % James Nord, 19806 Elk Lake Road, Elk River, MN 55330
John Nord, 19822 Elk Lake Road NW, Elk River, MN 55330
David Yaeger, Box 41, Elk River, MN 55330
Forest Oaks Condos, 19075 Xavier St NW, Elk River, MN 55330
Daniel Tveite, 13275 192~ Ave NW, Elk River, MN 55330
Secretary of Housing & Urban Deve., 220 So. 2nd St., Mpls., MN 55401
Russell Gurney, 13350 192nd AVe NW, Elk River, MN 55330
Ronnie Halpaus, 19563 Lander St NW, Elk River, MN 55330
John DeMarco, 19519 Lander St NW, Elk River, MN 55330
John Hurt, 19467 Lander St NW, Elk River, MN 55330
Douglas Rogers, 19441 Lander St NW, Elk River, MN 55330
M. Vanness, 19401 Landers St, Elk River, MN 55330
Mark Widing, 19385 Lander St NW, Elk River, MN 55330
John Gracik, 19365 Lander St NW, Elk River, MN 55330
Don Hames, 19339 Lander St NW, Elk River, MN 55330
David Patenaude, 19275 Lander St NW, Elk River, MN 55330
Derek Glowacki, 19255 Lander St NW, Elk River, MN 55330
Rhonda Clark, 19233 Lander St NW, Elk River, MN 55330
V. Roper, 293 Evans Ave NW, Elk River, MN 55330
James Busch, 13031 Islandview Dr NW, Elk River, MN 55330
Daniel Hennessey, 19054 Meadowvale Rd NW, Elk River, MN 55330
Robert Chasteen, 19038 Meadowva1e Rd NW, Elk River, MN 55330
D. Gracik & J. Croteau, 19201 Meadowvale Rd NW, Elk River, MN 55330
Abiding Savior Ev. Lutheran, 15413 NE 95th St, Elk River, MN 55330
Robert GAmmon, 19161 Meadowvale Rd NW, Elk River, MN 55330
Virginia Barnier, 19430 Meadowva1e Rd NW, Elk River, MN 55330
Elk River Associated Investors, 729 Main St., Elk River, MN 55330
Dale Brown, 13192 192nd Ave NW, Elk River, MN 55330
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317 KING AVENUE. ELK RIVER, MINNESOTA 55330 . (612) 441-3280
$ii;T2f/
Affiliated with American Land Title Association
MAR-17-9~ WED
.
.
.
9:10 MAIER STEWART & ASSOC.
P.04
_ / }- ~ ~ ~ ~ CONSULTING ENGINEERS
"'_1 Maier Stewart & Associates Inc.
March 16, 1993
File: 230-166~ 11
Mr. Steve Rohlf
Building and Zoning Administrator
City of Elk River
720 Dodge Avenue NW
Elk River, MN 55330
RE: MEADOWVALE HEIGHTS PRELIMINARY PLAT
Dear Mr. Rohlf:
As requested, we have reviewed the submittal for the Meadowvale Heights development. Based
on our review, we would offer the following comments:
A.
General
I. The preliminary plat and grading plan were prepared by Loucks and Associates,
Inc., and were dated March 2, 1993.
2. The preliminary plat contains approximately 121 acres zoned Rlc (single family
residential). It is proposed to be divided into 113 logs. The low number of lots
is due to the amount of area which is wetland. Apparently there is a small
amount of developable high ground which currently is not proposed {or
development because it requires access through the property to the north.
Perhaps, in the future, this area will be developed in conjunction with the
property to the north.
3. There is a large amount of preliminary plat data required by the City ordinance
which is missing from this submittal. Included are items such as legal
description, record owner, street names, blocks, and miscellaneous other items.
Although these items should be supplied, the submittal can still be reviewed.
B. Wetlands
1.
. The development of this property impacts several wetland areas. There is a
question as to whether or not it is appropriate to fill wetlands for the development
of buildable lots as proposed by this preliminary plat. This is a wetland at the
extension of 193rd Avenue that is proposed to be filled for the extension of the
street in the development of at least two additional lots. There is a wetland
approximately 200 feet north of this location which is proposed to be fined for
MAR-17-93 WED
.
9:11 MAIER STEWART & ASSOC.
P.0S
Mr. Steve Rohlf
March 16, 1993
Page Two
the development of two lots. There is a third small wetland at the extreme south
end of the plat, again proposed to be filled for the development of two lots.
Since the City is the LGU, they will be involved in the decision as to whether or
not the filling of these wetlands is appropriate.
2. Wetland boundaries are labeled as approximate on the preliminary plat. Slight
deviations in these approximate boundaries could render severa110ts unbuildable.
Exact determinations of the wetland boundaries need to be made in order to
review the buildability of all lots.
3.
All wetland issues related to this preliminary plat should be submitted to the
Department of Natural Resources and Corps of Engineers for review and
permitting if required.
.
c. Gradinl: Plan
1. The Grading Plan has several areas where rear lot drainage is not contained
within rear lot drainage easements) but rather sheets randomly across the back of
various lots. Adjustments to the grading plan need to be made to contain all
drainage within easement areas.
2. There are areas where street grades in cuI.de-sacs and curves are too fIat. These
flat grades will lead to poor drainage along curb lines. In these areas, grades
need to be increased to eliminate flat areas.
3. There are areas adjacent to the wetlands where the proposed grading is extremely
steep. It is unclear how these areas can be graded to match the edge of the
existing wetland and still have a maintainable slope. It is recommended that areas
on the grading plan with these steep slopes be revised.
4. Soil borings indicating water table and/or mottled soil need to be provided in
order to review the development plan relative to lowest floor elevations.
D.
JJtilities and Drainaie
.
1. The City Council has authorized a feasibility study for the extension of trunk
sanitary sewer and water to serve this plat. This feasibility study will address
issues relative to available water pressure. the necessity to loop watermains, and
the extent to which this plat can be served by gravity sewer and which areas will
. ", .:.. ,. ... ..'
MAR-17-93 WED
9:11 MAIER STEWART & ASSOC.
P.06
.
Mr. Steve Rohlf
March 167 1993
Page Three
2. The proposed drainage system appears adequate; however, storm drainage
calculations will be required to determine pipe sizing.
3. The ditch flowing under the proposed road at the southeast comer of the plat
needs to be analyzed to determine the proper culvert sizing in order to provide
for potential drainage from east of MeadowvaJe Road.
E. Streets
1.
No typical street section was provided. The City standard requires a section 32
feet wide from face of curb to face of curb. Surmountable curb and gutter is
acceptable. The typical street section has consisted of five inches of aggregate
base and two lifts of bituminous surfacing totalling 3 to 3-1/2 inches. However,
soil borings will be necessary to determine the specific street section in this
project.
.
2. The cul-de-sac at the north end of the project greatly exceeds the City's maximum
length. In the future, when streets are extended to the north providing a second
access, the cul-de-sac length will be within the maximum allowed by ordinance.
3. Sherburne County will require the dedication of an additional!7 feet of right.of-
way along Meadowvale Road.
4. It is not clear whether or not the street right-of.way at the southeast corner of the
preliminary plat actually abuts the Meadowvale Road right-of-way. If not7
additional right-of-way acquisition will be necessary in this area.
If you have any questions regarding any of these comments, please call.
Sincerely,
MAIER STEWART & ASSOCIATES, INC.
. Terry J. Maurer7 P.E.
TJM:tp
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_ / P ~ ~ ~ ~. CONSULTING ENGINEERS
....._1 Maier Stewart & Associates Inc.
April 13, 1993
File: 230-168-11
Mr. Steve Rohlf
Building and Zoning Administrator
City of Elk River
P.O. Box 490
13065 Orono Parkway
Elk River, MN 55330
RE: MEADOWV ALE HEIGHTS DEVELOPMENT
Dear Mr. Rohlf:
As requested, we have reviewed the recently submitted, revised, and additional information
relative to the proposed Meadowvale Heights development. All of this information was submitted
after the Planning Commission meeting. Based on our review of the information, we would offer
the following comments:
A.
Preliminary Plat
1. The preliminary plat was prepared by Loucks and Associates, Inc., and had a
revision date of April 6, 1993.
2.
Lot 6 Block 2A, Lot 28 Block 4A, and Lot 23 Block 13 have relatively small
building sites due to setbacks, wetlands, and/or easements. It is questionable how
desirable these lots are for building purposes.
3.
Lots 6, 7, and 8 Block 1 and Lots 1-8 Block 2A are double frontage lots on
Meadowvale Road. According to Section 1008.14 Subdivision Design Standards,
5. Lots, r. Double Frontage Lots, of the City Ordinance, these lots require an
increased depth of 135 feet. These lots currently only have a depth of 130 feet.
4.
Temporary easements should be provided on Lot 1 Block lA and Lot 28 Block
4A to provide a cul-de-sac radius of a minimum of 45 feet. This cul-de-sac may
be temporary for some time and, therefore, should be built to a full diameter.
5.
Storm drainage easements need to be provided between the following lots to
accommodate the proposed storm sewer:
Lots 21 and 22 Block 4A
Lot 1 Block 4A and Lot 21 Block 2B
Lots 14 and 15 Block 2B
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
167-1S03.apr
.
.
.
Mr. Steve Rohlf
April 13, 1993
Page Two
6. The preliminary plat now shows a 33-foot easement along Meadowvale Road east
of the road's centerline. The plat actual dedicates this plus all other right-of-way
up to the plat's east line.
B. Grading Plan
1. The grading plan was prepared by Loucks and Associates, and had a revision date
of April 6, 1993.
2. There are numerous errors in the grading plan which render it inadequate.
Examples of these errors include the following:
Lot 1 Block lA
Lots 1, 2, 3 Block lA
Lots 3, 4, 5 Block lA
Wrong pad elevation.
Rear lot drainage not in easement areas.
Pad elevation at 928 but 926 contour
runs immediately adjacent to pad.
Drainage sheets across rear lots, not in
(>,asements.
Why is pad 1.0' higher than adjacent pads?
Pads at 906/909.5 but no 908 contour
shown.
Pad at 914 but 912 contour runs through
pad.
Lots 15, 17, 18, 19 Block 4A
Lot 6 Block 3A
Lot 6 and 7 Block 2A
Lot 11 Block 4A
The entire grading plan needs to be reviewed for these types of errors and
resubmitted.
3. Authorization will need to be obtained from UP A for the grading and utility and
street construction proposed in their easement.
C. Preliminary Wetland Analysis
1. The preliminary wetland analysis was prepared by Loucks and Associates and had
a revision date of April 6, 1993.
2. The plan proposes to leave the existing wetlands in Block 2A and 2B, which had
previously been proposed to be filled to create more lots. There still is a need to
fill part of a wetland for 193rd Avenue.
3.
The plan shows a total wetland encroachment of 0.98 acres and mitigation of 1.35
acres.
167-1503.apr
.
Mr. Steve Rohlf
April 13, 1993
Page Three
D. Preliminary Utility Plan
The preliminary utility plan appears to be adequate. However, the feasibility for trunk
sanitary sewer and water to this plat will require two changes. These are:
1. A lO-inch watermain loop to the south as part of the fIrst phase.
2. Slightly deeper sanitary sewer extended to the north plat line to provide for the
future development of the Nord property.
E. Drainage Calculations
1. The internal storm sewer design appears adequate to serve the development.
2.
The culvert under Elgin Drive at the southeast corner of the plat will convey the
County ditch flow which enters the plat from east of Meadowvale Road plus the
flow from the development. In order to ensure that there are no detrimental
downstream effects, the culvert leaving the site must be sized to restrict the flow
to that entering the site from east of Meadowvale Road plus the predevelopment
flow from the plat. All increases in flow caused by development must be ponded
on site and released at the restricted flow rate over time.
.
We are currently reviewing the developer's drainage calculations and working
with his engineer to ensure that this is properly sized.
A portion of the development drainage flows westerly into a wetland which is
tributary to County Ditch 28.
The same type of approach must be taken in designing the drainage in this area.
If you have any questions regarding any of these comments, please call.
Sincerely,
MAIER STEWART & ASSOCIATES, INC.
c~
T~urer.~
. TJM:tp
167-1503.apr