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7.5. SR 06-21-1993 'ty of El ITEM 7.5. TO: MAYOR AND CITY COUNCIL r FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR JUNE 10, 1993 Sle DATE: SUBJECT: PRELIMINARY PLAT REVIEW AND ASSOCIATED VARIANCE FOR THE PLAT OF NORTH MEADOWS ADDITION BY DAVID & JOYCE MICKELSON/PUBLIC HEARING, CASE NO. P 93-07 OVERVIEW The applicants, David and Joyce Mickelson, 21680 Meadowvale Road, Elk River, are proposing 8 lots on 22.2 acres. The lots are proposed to be served by private wells and septic systems. The only public improvements in this plat are the street and storm drainage systems. The applicants are proposing to accomplish these improvements without City funding. The plat requires approval of a variance on the maximum length of a dead-end road and variances on lots sizes for 4 of the 8 lots. The details of this request can be found in the attached Planning Commission memo dated May 20, 1993. RECOMMENDATION The Planning Commission recommended approval of the preliminary plat with the following stipulations: 1. ROAD RIGHT-OF-WAY BE DEDICATED TO THE WEST BOUNDARY OF THE PLAT. 2. THE CITY ENGINEER APPROVES THE ROAD PLANS PRIOR TO FINAL PLAT APPROVAL AND INSPECTS THE ROAD. 3. 50 FEET OF RIGHT-OF-WAY IS DEDICATED TO THE COUNTY FROM THE CENTER LINE OF COUNTY ROAD 32. 4. THE DEVELOPER OBTAIN A CONSTRUCTION PERMIT FROM THE COUNTY ENGINEERING DEPARTMENT. 5. LOT 1, BLOCK 1, DOES NOT HAVE A DRIVEWAY ACCESS ON COUNTY ROAD 32. 6. LOT 1, BLOCK 2, OBTAIN A DRIVEWAY PERMIT FROM THE COUNTY TO ACCESS COUNTY ROAD 32. 7. THE CITY ENGINEER APPROVES A GRADING AND DRAINAGE PLAN PRIOR TO FINAL PLAT APPROVAL AND INSPECTS THESE IMPROVEMENTS WHEN CONSTRUCTED. P.o. Box 490 @ 13065 Orono Parkway @ Elk River, MN 55330 €) (612) 441-7420 (7) Fax: (612) 441-7425 P Plat, North Meadows Addition June 10, 1993 Page 2 8. THE COUNTY APPROVE THE GRADING AND DRAINAGE PLAN FOR THIS PLAT. FURTHER, IF THE COUNTY NEEDS ENGINEERING ASSISTANCE IT IS PROVIDED BY THE CITY ENGINEER AT THE EXPENSE OF THE DEVELOPER. LASTLY, THAT 30 FEET OF EASEMENT FROM THE CENTERLINE OF DITCH #28 IS DEDICATED TO THE COUNTY. 9. THE DEVELOPER COOPERATE WITH THE COUNTY REGARDING A REDISTRIBUTION/REASSESSMENT OF THE DITCH ASSESSMENT PRIOR TO RECORDING THE PLAT. 10. THE PLAT IS CONTINGENT UPON A VARIANCE BEING GRANTED ON LOT SIZE FOR LOTS 1-4, BLOCK 2. 11. THE DEVELOPER PROVIDE LOWEST FLOOR ELEVATIONS FOR STAFF'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 12. THE DEVELOPER PAY $2,400 IN PARK DEDICATION FEES. 13. THE DEVELOPER PAY THE COST OF THE FIRST SEAL COATING FOR THE ROAD IN THE PLAT, AS ESTIMATED BY THE CITY ENGINEER, PRIOR TO RECORDING THE PLAT. 14. BUILDING PERMITS ARE ALLOWED ONLY AFTER THE BASE FOR THE ROAD IS APPROVED BY THE CITY ENGINEER. 15. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC IMPROVEMENTS IS PROVIDED BY THE DEVELOPER PRIOR TO RECORDING THE PLAT. 16. THE COMPLETION DATE FOR PUBLIC IMPROVEMENTS IN THE PLAT IS ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL. 17. THE DEVELOPER REIMBURSE THE CITY FOR THE ESTIMATED COSTS OF REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW. 18. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL OF THIS PLAT. 19. OAKS REMOVED FOR HOUSE CONSTRUCTION HAVE THEIR ROOTS SEVERED (TO A DEPTH OF 5 FEET) FROM ADJACENT TREES PRIOR TO BEING DROPPED OR HAVE THEIR STUMPS REMOVED THE SAME DAY. FURTHER, ROOTS EXPOSED ARE REBURIED THE SAME DAY AS THEY ARE EXPOSED. LASTLY, TREES THAT ARE TO REMAIN AFTER CONSTRUCTION HAVE THEIR DRIP LINE ROPED OFF TO DEFINE AN AREA OF NO ACTIVITY TO PROTECT THEM FROM MECHANICAL DAMAGE. 20. A CERTIFIED SEPTIC INSPECTOR REVIEW BORINGS MADE RECOMMENDATIONS FOR ON-SITE SEPTIC PRIOR TO BUILDING PERMIT ISSUANCE. P Plat, North Meadows Addition June 10, 1993 Page 3 21. A PERMIT FOR A MODEL HOME ON LOT 2, BLOCK 1, BE CONTINGENT UPON A DRIVEWAY PERMIT BEING APPROVED BY THE SHERBURNE COUNTY ENGINEERING DEPARTMENT TO ACCESS COUNTY RD 32. Variances Since the variance for the road was applied for, the City has amended its ordinance. A dead-end road can now exceed the maximum length (700 ft) without a variance under certain circumstances. The Planning Commission felt that since the plat dealt with an existing private road, it is appropriate to allow that road to be upgraded to City standards even though it is beyond the maximum length and recommended approval. The Planning Commission also recommended approval of the variances on lot sizes for Lots 1-4, Block 2. The Planning Commission felt the lot size could be achieved by relocating the road. However, they also felt relocating the road was a worse situation than granting a variance. Further, the small percentage the lots in question were below the City's minimum requirement, would not concentrate drainfields to a point where they would have an impact on ground water. Commissioner Eberley voted against this variance. ~;ty of J ~ II{~ TO: PLANNING COMMISSION _,-'1 // J..t- (/ _ V~-/L2 },/\ V) @@~p River FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: MAY 20, 1993 5~ SUBJECT: PRELIMINARY PLAT REVIEW AND ASSOCIATED VARIANCES OF NORTH MEADOWS ADDITION BY DAVID AND JOYCE MICKELSON/PUBLIC HEARING, CASE NO. P 93-07 APPLICANT David and Joyce Mickelson, 21680 Meadowvale Road, Elk River, MN. REQUESTED ACTION Preliminary plat review associated variances on and lot size. of North Meadows Addition and the maximum length of a dead-end road SITE ZONING R-la, Single Family Residential SURROUNDING ZONING R-la, Single Family Residential, all directions. I1EGAL DESCRIPTION That part of the W 1/2 of the SW 1/4, Section 7, Township 33, Range 26, Sherburne County, MN, and that part of the SW 1/4 of the SW 1/4, Section 7, Township 33, Range 26, Sherburne County, MN. A complete legal description is available at City Hall. A map is attached showing the affected property. OVERVIEW The applicants are proposing 8 lots on 22.22 acres. The lots are proposed to be served by private wells and septic systems. The only public improvements in the plat are the street and storm drainage system. The applicants are proposing to accomplish these improvements without City funding. ROAD The road in the plat is proposed to replace an existing private road, which currently serves as access to three existing homes. This private road also has ditches. The new road will be an urban section road without ditches. P.o. Box 490 · 13065 Orono Park\vay · Elk River, IvlN 55330 · (612) 441-7420 · Fax: (612) 441-7425 PP, North Meadows Addition May 20, 1993 Page 2 ~~~-------~-----~-~--~~--- Staff has met with Michael Townsend, and Bill Mealio, two of the property owners adjacent to this plat, and Joyce Mickelson, the developer. The meeting took place on site to discuss issues regarding the road. The neighbors pointed out the location of a spring under the proposed road. Staff did pass this information on to city Engineer, Terry Maurer. Mrs. Gildemeister, the owner of the third single family home in this area, did contact staff regarding her concerns with the location of the cul-de-sac bubble and how far the public street would extend toward her property. To address her concerns regarding leaving trees between the public street and her property, and also to avoid an existing wetland, the cul-de-sac bubble was held back from the western property line of the plat. The Planning Commission may wish to consider having a road easement dedicated from the bubble to this western boundary of the plat, in case other properties wish to further subdivide in the future. Otherwise, the private road will still be needed to access two of the three existing parcels on this road. As indicated, the road will be an urban section. This will include a 7 ton design, bituminous berms with no ditches, and 32 feet wide face of curb to face of curb, which was noted incorrectly on the street profile. Terry Maurer, City Engineerr will be reviewing the road, grading, and drainage for this plat. A memo from Mr. Maurer is attached. COUNTY ENGINEERING The road the plat accesses onto is County Road 32 (Meadowvale Road). The plat correctly notes 50 feet of right-af-way from center line being dedicated for County Road 32. The developer will be responsible for getting a construction permit from the County to access the County road. Staff also recommends that Lot 1, Block 1, have its access onto to 214th Avenue and not onto Meadowvale Road. The County road is meant to act as the collector and access should be limited as much as possible. Lot I, Block 2, however, will need to access County Road 32 to avoid putting a driveway through a wetland. A driveway permit will be required from the County Engineering department for this lot. DRAINAGE When staff met with the neighbors on site, they were concerned that the drainage plan did not show a culvert under the proposed road, connecting the wetlands on the north and south sides of this road. Staff does not believe a culvert is needed in this location because the drainage from the wetland south of the road (in the location of Lots 1 and 2, Block 2), will drain east toward County Road 32 then northward to a PP, North Meadows Addition May 20, 1993 Page 3 county ditch. The drainage area north of the proposed road flows to the west and ultimately ends up in the county ditch. Mr. Townsend and Mr. Mealio were also concerned that an existing culvert located in the vicinity of the bubble of the cul-de-sac, is proposed to be removed. The grading and drainage plans will have to accommodate drainage from their property and also blend the slopes from the proposed road to their properties together. Mr. Maurer is aware of the neighbors concerns and will be able to adequately address them when he reviews the drainage and grading plans. The developer has also provided a 30 foot easement from the center line of County Ditch 1 on the north boundary of the plat. Staff believes the existing wetlands in the plat will provide adequate storage for the increased run-off from the 8 rooftops and the proposed street, with the County ditch acting as an overflow. This increase run-off should be calculated so the effects can be reviewed by the County for their approval. The developer will also have to work with the County Auditors office regarding a re-distribution of the ditch assessment onto the individual lots in the plat. This will need to be accomplished prior to recording the plat. Otherwise, the existing wetlands in the plat will remain undisturbed. VARIANCES A. ROAD A variance on the maximum length of a dead-end road was advertised. Since that time, the City Council has passed an ordinance amendment which eliminates the need for variances to exceed the maximum length of a dead-end. Staff anticipates this ordinance being published prior to the plat being finalized. The City allows exceptions to the maximum length of a dead-end under certain criterion. Staff feels this road meets those criterion. Further, the road proposed in the plat is eliminating most of an existing private road. B. LOT SIZES All the lots in question meet the minimum lot width, however, Lots 1-4, Block 2, are all below the City's minimum 2.5 acre requirement. Staff refers the Planning Commission to Section 900.40 for the five standards for reviewing a variance request. The developer offers the following as her rationale why a variance should be approved: 1. When she bought Block 2, it was listed as, and taxes were paid as, a 10.3 acre parcel. When an actual survey was done, it was discovered the parcel was PP, North Meadows Addition May 20, 1993 Page 4 only 9.3 acres. She considers this as the rationale for hardship and also the reason her request meets the standard that the variance is not a consequence of her own actions or inactions. 2. The 2.5 acre minimum lot size could be met on all but one lot, but it would mean altering the road location to a less desirable alignment. The Mickelson's are proposing to construct the road without requesting payments (assessments) from other properties currently using the road. Staff feels that the elimination of this portion of this private road is a definite improvement and recommends approval of the variance contingent upon the plat being approved. DEVELOPMENT PLAN Soil borings have been provided as well as house locations with proposed garage floor elevations. The soil boring locations, as well as the findingsl can be noted on the preliminary plat. Staff is concerned with lowest floor elevations, since some of the soil borings indicate water table near the surface of the lots. Staff is especially concerned with lots 1 and 2, Block 1. Staff is recommending the developer provide proposed lowest floor elevations for all the lots in the plat prior to final platting. PARK DEDICATION The plat of North Meadows is a rearrangement of two existing parcels, therefore, only 6 new parcels are being created. The Park and Recreation Commission reviewed this plat and recommended that the City receive park dedication in the form of cash for the 6 new lots. At $400.00 per lot, the total is $2,400 for park dedication. TREE PROTECTION No oaks are near the area where the road is proposed. However, there are oaks on the south side of the plat that houses could be built among. Staff is recommending tree protection requirements. RECOMMENDATION Staff is recommending approval of the plat of North Meadows with the following stipulations: 1 . THE PLANNING RIGHT-OF-WAY OF THE PLAT. COMMISSION CONSIDERS WHETHER OR NOT SHOULD BE DEDICATED TO THE WEST BOUNDARY PP, North Meadows Addition May 20, 1993 Page 5 2. THE CITY ENGINEER APPROVES THE ROAD PLANS PRIOR TO FINAL PLAT APPROVAL AND INSPECTS THE ROAD. 3. 50 FEET OF RIGHT-Of-WAY IS DEDICATED TO THE COUNTY FROM THE CENTER LINE OF COUNTY ROAD 32. 4. THE DEVELOPER OBTAIN A CONSTRUCTION PERMIT FROM THE COUNTY ENGINEERING DEPARTMENT. 5. LOT I, BLOCK 1, DOES NOT HAVE A DRIVEWAY ACCESS ON COUNTY ROAD 32. 6. LOT 1, BLOCK 2, OBTAIN A DRIVEWAY PERMIT FROM THE COUNTY TO ACCESS COUNTY ROAD 32. 7. THE CITY ENGINEER APPROVES A GRADING AND DRAINAGE PLAN PRIOR TO FINAL PLAT APPROVAL AND INSPECTS THESE IMPROVEMENTS WHEN CONSTRUCTED. 8. THE COUNTY APPROVE THE GRADING AND DRAINAGE PLAN FOR THIS PLAT. FURTHER, IF THE COUNTY NEEDS ENGINEERING ASSISTANCE IT IS PROVIDED BY THE CITY ENGINEER AT THE EXPENSE OF THE DEVELOPER. 9. THE DEVELOPER COOPERATE WITH THE COUNTY REGARDING A REDISTRIBUTION OF THE DITCH ASSESSMENT PRIOR TO RECORDING THE PLAT. 10. THE PLAT IS CONTINGENT UPON A VARIANCE BEING GRANTED ON LOT SIZE FOR LOTS 1-4, BLOCK 2. 11. THE DEVELOPER PROVIDE LOWEST FLOOR ELEVATIONS FOR STAFF'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 12. THE DEVELOPER PAY $2,400 IN PARK DEDICATION FEES. 13. THE DEVELOPER PAY THE COST OF THE FIRST SEAL COATING FOR THE ROAD IN THE PLAT, AS ESTIMATED BY THE CITY ENGINEER, PRIOR TO RECORDING THE PLAT. 14. BUILDING PERMITS ARE ALLOWED ONLY AFTER THE BASE FOR THE ROAD IS APPROVED BY THE CITY ENGINEER UNLESS MODEL HOMES ARE APPROVED THROUGH THE PLATTING PROCESS. 15. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC IMPROVEMENTS IS PROVIDED BY THE DEVELOPER PRIOR TO RECORDING THE PLAT. 16. THE COMPLETION DATE FOR PUBLIC IMPROVEMENTS IN THE PLAT IS ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL. 17. THE DEVELOPER REIMBURSE THE CITY FOR THE ESTIMATED COSTS OF REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW. PP, North Meadows Addition May 20, 1993 Page 6 18. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL OF THIS PLAT. 19. OAKS REMOVED FOR HOUSE CONSTRUCTION HAVE THEIR ROOTS SEVERED (TO A DEPTH OF 5 FEET) FROM ADJACENT TREES PRIOR TO BEING DROPPED OR HAVE THEIR STUMPS REMOVED THE SAME DAY. FURTHER, ROOTS EXPOSED ARE REBURIED THE SAME DAY AS THEY ARE EXPOSED. 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I I I 1 222ND 2.215T ,0 '0 Z20iH 219TH 218TH i I I I ~ I <. 217TH 21~ ,:,,,,, .:....t 2lGTH .,....t"".. .#.() 215TH ~ ei:.......:. lf~.~~~ I ., ....;:: z~9 :1 --- AFF~CTED O~rjDt::RTY ~ M ~_;.'! 1-- I . ., 214TH '0 .." .... I @-~-- ~ I I--~ - - h ! 1~". 2.13TH ~ ".J .(~'.:':':.'..~ - .,,~ , " '.......,... ~ .....---.- "". ~ ......... / '...... ........... 1" .-.... , . ."\ '0' ;~~.~ 212TH : 211TH ~ !L II~ I ~ jV ,..t'"M .y(-----"'; 210TH #' .#" ..:::- $ 17/--""-"" ..... ....... ; S / t-~ 209TH I ZOST H 1 Z07T H ~ --n\ ~!s ~=~ ~~~ A~I'l! lOt Wright Title Guarantee Co. 429 East Main Street P.O. Box 390 Elk River, Minnesota 55330 (612) 441.5465 $ SUI'l( hf\" O! C ~"Ot"l STE\VART TITL GUARANTY COMPAN' March 31, 1993 Edina Realty Elk Rivec Office 592 Dodge Avenue Nocthwest Elk River, MN 55330 Deac Joyce Mickelson: Here ace the names, addresses, and P.I.D.numbers of the pcoperties 350 feet feam your land. Helen Engstrom 14528 - 209th Avenue 10-112-4400 David J. and Joyce Mickelson 21680 Meadowvale Road 10-112-4100 Darrel and M. Gildemeistec 14393 - 214th Avenue 75-107-3300 Michael and Vicky Townsend 14390 - 214th Avenue 75-107-3305 William and Shicley Mealio 14320 - 214th Avenue 75-107-3310 Macy R. Bistodeau 21322 Meadowvale Road 75-107-3315 Michael and Macy Hoffec 21323 Meadowvale Road 75-107-3400 Roger J. and Kacen James 21260 Meadowvale Road 75-118-2200 Michael and Macy Hoffec 21323 Meadowvale Road 75-118-2100 Michael and Vicky Townsend 14390 - 214th Avenue 75-118-2218 If you need anything else fcom us, feel fcee to call us. Patty Scholl J"T"Y; ~,...,., _ 0 t JO 1\4' L T...4 'v\lM8[R Of THI .A.MERICA'\: l ""D TITlf A~SOClA TION ME.....1BlR5 Of THE MINNESOl A l A,r-.:D TlTlf A$50('A. i10~ e 1".fI'"IIIrl ._.".,..... ___~ File: 230-173-11 Mr. Steve Rohlf Building and Zoning Administrator City of Elk River P.O. Box 490 13065 Orono Parkway Elk River, MN 55330 RE: NORTH MEADOWS PLANS AND SPECIFICATIONS Dear Mr. Rohlf: As requested, we have reviewed the plans and specifications submitted for the North Meadows Addition. These plans and specifications were prepared by John Oliver & Associates, and were dated May 1993. Based on our review, we would offer the following comments. A. PLANS 10 The street width is shown inaccurately as being 15 feet to the gutter feet. This should be expanded to 16 feet to give a total width of 32 feet rather than 30 feet. 2. There is an existing drainageway that flows through-this propert:)r. It is difficult to eliminate, therefore the grading plan shows a drainage easement on the north side of the road in Lots 2 and 3, Block 1, and then again on the south side of the road in Lots 1 and 2, Block 2. We see no problem with this. Basically, most lot drainage will not flow to the street. It is not clear how the drainage works where the road crosses this ditch. Is a culvert needed under the road? More information needs to be provided in this area. 3. The area west of Lot 4, Block 2, has an existing low area that is drained through a culvert The plan calls for removal of this existing culvert. In order to not trap water in this area, we would recommend that a pipe be extended out of structure 105 in the cul-de-sac with a flared end to pick up this low area. Again, it \1(rould be useful if more spot elevations were provided in this area. 4. A permit \\'i11 be needed from Sherburne County for work within the County Road 32 right-of-\vay. 1959 SLOAN PLACE. SUITE 200, ST. PAUL, MINNESOTA 55117 612~774~6021 9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612~546-0432 · Equal Opportunity Employer Mr. Steve Rohlf May 19, 1993 Page Two 5. The soil data provided on the grading plan shows standing water at a depth between three and five feet on four of the borings. This \vill impact the location and type of housing. B. SPECIFICATIONS 1. Erosion control is called for on page SP- 2 of 11 and is not shown in the bid nor on the plans. Given the drainage area that flows through the project, some silt fence will be necessary during the grading operation up to the time that turf is re- established. 2. On page SP-7 of 11, item 6.a.l., Bituminous Base Course Type 31, it appears the minimum asphalt content of 4.2 percent is low. This should be reviewed and revised based on the Minnesota Department of Transportation Supplemental Specifications. 3. On page SP-8 of 11, it indicates bituminous testing will be paid for by the City. This item needs to be corrected. 4~ Seed mixture 700 is specified. This is a rural mixture, not necessarily the best for mowing. You may want to consider changing that to seed mixture 500. If you have any questions regarding any of these comments, please call. Sincerely, MAIER STEWART & ASSOCIATES, INCo T:::r!:!.~ TJM:tp 173-1906 .may