7.4. SR 08-01-1994
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ITEM 7.4.
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
GARY SCHMITZ, PLANNING ASSIST. G~
FROM:
DATE:
AUGUST 1,1994
SUBJECT: PRELIMINARY PLAT, VARIANCE
REQUEST AND CONDITIONAL USE
PERMIT REQUEST BY GRAMSTAD
HOMES, PUBLIC HEARING, CASE NO.
P 94-09, V 94-09, AND CU 94-23
REQUEST
A.
Preliminary plat to subdivide a 2.73 acre parcel into seven (7) duplexes
(fourteen units);
A conditional use permit for a zero lot line development; and,
A variance to the minimum lot size for the R3 (TownhouselMulti
Family Residential) zoning district.
B.
C.
LOCATION
That part of Lot 14 and 16, Auditors Subdivision #3, Section 33, Township
33, Range 26, Sherburne County, MN. A complete legal description is
available at City Hall. The subject property is immediately east of the two,
four (4) unit apartment buildings located on the north side of Meadowvale
Road.
ZONING I LAND USE
R3 (TownhouselMulti Family Residential)1 MR (Medium Density Residential)
ATTACHMENTS
Report to Planning Commission dated July 26, 1994
BACKGROUND
Gramstad Homes is requesting preliminary plat review of a townhomel
residential subdivision consisting of seven (7) duplexes (fourteen units); a
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Gramstad Homes
CC, August 1, 1994
Page 2
.
conditional use permit for a zero lot line separating the duplexes and a
variance to the minimum lot size. The duplexes will be priced in the $90,000
to $110,000 range per unit. The subject site is 2.73 acres in size and is
currently vacant. The attached memo to the Planning Commission explains
this request in detail.
UTILITIES
Existing sanitary sewer and water mains are available in Meadowvale Road.
The proposed units will obtain utility services from this particular line. The
applicant has dedicated a drainage and utility easement under the twenty-
four (24) foot wide private drive for utility purposes. Therefore, the extension
will be considered public, which is a change from the Planning Commission
memo.
DRAINAGE
.
A drainage plan has been reviewed by City Engineer Terry Maurer.
Additional spot elevations will be required on the western area of the plat to
ensure proper drainage away from the neighboring property. A
sedimentation pond located in the center of the plat will also be flattened to
meet a maximum four to one slope at any location. Storm sewer calculations
have been provided to the City Engineer, however, will have to be
resubmitted by the applicant in the correct format before they can be
reviewed. Mr. Maurer has indicated that he is confidant the sedimentation
pond is sized in such a manner to handle the storm water for the proposed
plat.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission felt that the R3 (TownhouselMulti Family
Residential) zoning standard should be looked at in terms of townhome
development. The existing R3 (TownhouselMulti Family Residential) zoning
standards require a 6,000 square foot minimum lot size for duplex units.
This works fine when the development is not a townhome type of
development with common lot area. It is staffs opinion that a density per
acre standard should be incorporated into the R3 (TownhouselMulti Family
Residential) standards rather than a minimum lot size. This would allow
townhome subdivisions, which are a permitted use in this zoning district, to
develop without the need for a lot size variance.
.
With this in mind, the Planning Commission felt the applicant can show
hardship since the overall density of this site meets City code. The Planning
gramstad.council
Gramstad Homes
CC, August 1, 1994
Page 3
.
Commission also added a condition to the preliminary plat requiring the City
Attorney to review the "Association" documents.
One resident expressed concern regarding possible increased noise from the
railroad tracks since trees would be removed for this project. It was the
Planning Commission's opinion that the proposed duplexes would act as a
better sound barrier than the removed trees.
RECOMMENDATION
Staff recommends approval of the variance to the minimum lot size based on
the following findings:
1. Literal enforcement of the ordinance would cause hardship since
the provisions of the ordinance is maintained because the net
average lot size of 7,670 square feet exceeds the City's minimum
standards. In addition, the hardship is a competitive factor
against similarly situated properties and is a serious error in
the ordinance.
.
2.
Reducing the individual lot size does not increase the density of
the development.
3. The variance will not be injurious or adversely affect the health,
safety, or welfare of the residents of the City or the
neighborhood in which the property is situated and will be
keeping with the spirit and intent of the ordinance.
Staff also recommends approval of the conditional use permit for a zero lot
line development with the following conditions:
1. ALL COMMON WALLS BE CONSTRUCTED TO MEET THE
SEPARATION REQUIREMENTS AS SET FORTH IN THE
UNIFORM BUILDING CODE.
2. A LANDSCAPED BERM BE IMPLEMENTED ALONG
MEADOWV ALE ROAD.
Staff also recommends approval of the preliminary plat for Gramstad Homes
with the following conditions:
1.
PARK DEDICATION IN THE AMOUNT OF $450 PER LOT BE
PAID TO THE CITY PRIOR TO RECORDING.
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gramstad.council
Gramstad Homes
CC, August 1, 1994
Page 4
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2.
THE 8" CALIPER TREES LOCATED ALONG MEADOWVALE
ROAD BE SAVED AND INCORPORATED INTO THE SITE
PLAN.
3. SILT FENCING BE USED ALONG THE ENTIRE PERIMETER
OF THE WETLAND UNTIL THE SITE IS PERMANENTLY
SODDED OR SEEDED.
4. STORM SEWER CALCULATIONS RECENTLY SUBMITTED BY
THE APPLICANT BE APPROVED BY STAFF PRIOR TO THE
CITY COUNCIL MEETING.
5. THE SEDIMENTATION POND LOCATED IN THE CENTRAL
PORTION OF THE PLAT BE FLATTENED TO MEET THE
REQUIRED FOUR (4) TO ONE (1) SLOPE.
6. ADDITIONAL SPOT ELEVATIONS ON THE WEST END OF
THE SITE NEAR THE EXISTING BUILDING BE
ESTABLISHED TO DETERMINE HOW THE DRAINAGE WILL
BE DIRECTED AWAY FROM THAT PROPERTY.
7.
A STORM WATER IMPACT FEE DETERMINED BY THE CITY
COUNCIL BE REQUIRED PRIOR TO RECORDING THE
PLAT.
.
8. THREE STREET LIGHTS ARE REQUIRED AS PART OF THE
DEVELOPMENT. ONE AT EACH ENTRANCE AND A THIRD
NEAR THE NORTHERLY SIDE OF THE DEVELOPMENT.
9. THE CITY ATTORNEY REVIEW THE "ASSOCIATION"
DOCUMENTS.
.
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AGENDA ITEM 5.6
MEMORANDUM
TO: PLANNING COMMISSION
FROM:
GARY SCHMITZ, PLANNING ASSIST.
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DATE:
JULY 26,1994
SUBJECT: PRELIMINARY PLAT, VARIANCE,
REQUEST, AND A CONDITIONAL USE
PERMIT, . BY GRAMSTAD HOMES,
PUBLIC HEARING, CASE NO. P 94-09, V
94-09 AND CU 94-23
REQUEST
A.
.
B.
C.
Preliminary plat to subdivide a 2.73 acre parcel into seven (7) duplexes
(fourteen units);
A conditional use permit for a zero lot line development; and,
A variance to the minimum lot size for the R3 (TownhouselMulti
Family Residential) zoning district.
LOCATION
That part of Lot 14 and 16, Auditors Subdivision #3, Section 33, Township
33, Range 26, Sherburne County, MN. A complete legal description is
available at City Hall. The subject property is immediately east of the two,
four (4) unit apartment buildings located on the north side of Meadowvale
Road.
ZONING I LAND USE
R3 (TownhouselMulti Family Residential) I HR (High Density Residential)
ATTACHMENTS
Location Map, Zoning Map, Preliminary Plat, Townhome Design, Memo from
Terry Maurer dated July 19, 1994
.
P.O. Box 490 · 13065 Orono Parkway. Elk River, MN 55330 . (612) 441-7420 . Fax: (612) 441-7425
Gramstad Homes
July 26, 1994
Page 2
.
BACKGROUND
Gramstad Homes is requesting preliminary plat review of a townhomel
residential subdivision consisting of seven (7) duplexes (fourteen units); a
conditional use permit for a zero lot line separating the duplexes and a
variance to the minimum lot size. The duplexes will be priced in the $90,000
range per unit. The subject site is 2.73 acres in size and is currently vacant.
VARIANCE
.
The site is zoned R3 (TownhouselMulti Family Residential), which requires a
minimum lot size of 6,000 square feet. Each of the individual duplex lots is
2,422 square feet in size. The 6,000 feet required by code assumes that there
is no common lot area as proposed with this plat. . Considering common area,
(minus the private street area) the average lot size is 7,670 square feet per
unit, which exceeds City standards. However, due the actual lot size of 2,422
square feet as shown on the plat, a variance to the minimum lot size is
required. Staff feels the applicant can demonstrate hardship because the
plat is being developed into a townhome type development with common land
area. Reducing the individual lot size does not increase the density of the
development. The applicant could develop the property without the need for
a variance if it were not a townhome type development. The intent of the
provisions of this ordinance is maintained since the net average lot size of
7,670 square feet exceeds the City's standards.
CONDITIONAL USE PERMIT
A conditional use permit is required due to the zero lot line proposal. A zero
lot line separating the garages will allow each unit to be sold separately
while Lot 15 (common area) would be owned and maintained by the
Association. All common walls will be constructed to meet the separation
requirements as set forth in the Uniform Building Code (UBC).
Consideration should also be given to the narrow four (4) foot corridor
between the buildings. According to the UBC, no openings (such as doors or
windows) can be allowed between the buildings. Also, no storage between the
buildings can be allowed. Staff is concerned that this area may be used for
storage purposes, which would be very difficult to enforce and may pose a
maintenance problem such as a collecting point for blowing leaves and debris.
Staff suggests that the applicant consider extending the zero lot line down
the entire length of the dwelling.
.
As a side note to the conditional use permit, staff recommends a landscaped
berm be added along Meadowvale Road. This will provide the townhomes
gramstad.pc
Gramstad Homes
July 26, 1994
Page 3
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with some screening from County Road No. 44. The overall landscape plan
for the townhomes will be reviewed by the Concept Review Committee
because the townhomes are a permitted use in the R3 (TownhouselMulti
Family Residential) zoning district.
UTILITIES I STREETS
Existing sanitary sewer and water mains are available in Meadowvale Road
(County Road No. 44). The proposed units will obtain utility services from
this particular line. The applicant has indicated the utilities extending from
Meadowvale Road will be considered private, therefore, the developer or the
association will have ownership from the connection to the City facilities in
Meadowvale Road, and assume maintenance agreements.
.
The County Engineer's Office was notified of this request and indicated that
Meadowvale Road will be upgraded as an urban road with concrete curb and
gutter. Adequate right of way is in place for Meadowvale Road (County Road
No. 44). Additional right of way will not be necessary as part of this plat.
The road servicing the duplex is proposed as a twenty-four (24) foot wide
private drive owned and maintained by the association. Fourteen (14) off-
street parking spaces were added to the plat to limit anyon-street parking.
Each unit is proposed to provide a two (2) car garage with room to park two
(2) vehicles in the driveway. The off-street parking will be used for overflow
and visitor purposes.
PARK DEDICATION
The Park and Recreation Commission has reviewed this plat and is
recommending a cash payment in the amount of $450 per lot. The total park
dedication costs will be $6,300.
NATURAL FEATURES
As indicated on the preliminary plat, there is a large wetland located in the
north and east corners of the subject property. The wetland has been
delineated by McCombs & Associates and the exact location has been
surveyed on the preliminary plat. The applicant has indicated that no work
will take place within the wetland boundaries, therefore, this proposal is in
compliance with the Wetland Conservation Act. Staff recommends silt
fencing be used around the entire wetland perimeter to limit erosion until the
site is permanently sodded or seeded.
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gramstad.pc
Gramstad Homes
July 26, 1994
Page 4
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There are some trees located on this site, however, most are smaller in size
and will not be saved due the proposed grading. The applicant has indicated
that trees along Meadowvale Road larger than 8" caliper will be saved and
incorporated into the site plan.
STORM WATER IMPACT FEE
The City Council is in the process of developing a Storm Water Impact Fee to
help pay the cost of storm water improvements. The fee is yet to be
determined by the City Council but will be approximately $600 to $720 per
acre. Staff recommends a storm water impact fee be required based on the
Council's fee recommendation. Since the Elk Park Center project, all plats
have been required to pay the storm water impact fee.
.
DRAINAGE I GRADING
The details of the drainage and grading plan are outlined in Terry Maurer's
memo dated July 19, 1994. Please refer to this memo for detailed
information.
. RECOMMENDATION
Staff recommends approval of the variance to the minimum lot size based on
the following findings:
1. Literal enforcement of the ordinance would cause hardship since
the provisions of the ordinance is maintained because the net
average lot size of 7,670 square feet exceeds the City's minimum
standards.
2. Reducing the individual lot size does not increase the density of
the development.
3. The variance will not be injurious or adversely affect the health,
safety, or welfare of the residents of the City or the
neighborhood in which the property is situated and will be
keeping with the spirit and intent of the ordinance.
Staff also recommends approval of the conditional use permit for a zero lot
line development with the following conditions:
.
gramstad.pc
Gramstad Homes
July 26, 1994
Page 5
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1.
ALL COMMON WALLS BE CONSTRUCTED TO MEET THE
SEPARATION REQUIREMENTS AS SET FORTH IN THE
UNIFORM BUILDING CODE.
2. A LANDSCAPED BERM BE IMPLEMENTED ALONG
MEADOWV ALE ROAD.
Staff also recommends approval of the preliminary plat for Gramstad Homes
with the following conditions:
1. PARK DEDICATION IN THE AMOUNT OF $450 PER LOT BE
PAID TO THE CITY PRIOR TO RECORDING.
2. THE 8" CALIPER TREES LOCATED ALONG MEADOWVALE
ROAD BE SAVED AND INCORPORATED INTO THE SITE
PLAN.
3. SILT FENCING BE USED ALONG THE ENTIRE PERIMETER
OF THE WETLAND UNTIL THE SITE IS PERMANENTLY
SODDED OR SEEDED.
4.
STORM SEWER CALCULATIONS RECENTLY SUBMITTED BY
THE APPLICANT BE APPROVED BY STAFF PRIOR TO THE
CITY COUNCIL MEETING.
.
5. THE SEDIMENTATION POND LOCATED IN THE CENTRAL
PORTION OF THE PLAT BE FLATTENED TO MEET THE
REQUIRED FOUR (4) TO ONE (1) SLOPE.
6. ADDITIONAL SPOT ELEVATIONS ON THE WEST END OF
THE SITE NEAR THE EXISTING BUILDING BE
ESTABLISHED TO DETERMINE HOW THE DRAINAGE WILL
BE DIRECTED AWAY FROM THAT PROPERTY.
7. A STORM WATER IMPACT FEE DETERMINED BY THE CITY
COUNCIL BE REQUIRED PRIOR TO RECORDING THE
PLAT.
8. THREE STREET LIGHTS ARE REQUIRED AS PART OF THE
DEVELOPMENT. ONE AT EACH ENTRANCE AND A THIRD
NEAR THE NORTHERLY SIDE OF THE DEVELOPMENT.
.
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Meadowvale Road
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CIVIl ENGINEERING:
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PlANNING
STRUCTURAl
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J 326 Energy Pork Drive
51, Poul, MN 55108
612.640.4389
fox: 612.6M9446 4.
.800 Shelord Porkway
MinneopoJ;., MN 55441
612.546.0432
fox: 612.544.6398
July 19, 1994
File: 230-234-11
Mr. Steve Ach
City Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: GRAMSTAD HOMES SITE PLAN REVIEW
Dear Mr. Ach:
As requested, we have reviewed the concept plan for the Gramstad Home Development on
County Road No. 44. The plan was prepared by Jim Kyro and Associates and has a revision
date of June 30, 1994. Based on our review we would offer the following comments:
1.
The project consists of 14 townhomes; 8 of which are built adjacent to the wetlands
surrounding the property. The concept plan indicates that the wetlands boundary has
been determined by others. However, it does not note who determined this. It seems
a bit unusual that the boundary of the wetlands falls at exactly the same elevation of
903 around the entire site. Typically, a wetland and boundary will vary in elevation
as the vegetation varies.
2. The plan should be reviewed by the County Engineer to determine if any additional
right-of-way is needed along Meadowvale Road (County Road No. 44). Currently,
the right-of-way is 33 feet on each side. Typically, the county has asked for
additional right-of-way as platting occurs adjacent to the county roads.
3.
There are no storm sewer calculations provided. They will need to be reviewed at
a future date. The plan does, however, call for a pond centrally located for
sedimentation control with an outlet to the wetlands. The pond has side slopes that
vary from 3:1 and 2:1. According to city policy, the side slopes should be 4:1 or
flatter or the pond should be provided with a fence around its entire perimeter.
The development is proposed to be served by city sanitary sewer and water. These
utilities are available in Meadowvale Road. The sewer is proposed to be stubbed in
from two directions to serve the buildings. The water is proposed to be looped
through the site. There is one hydrant proposed at the north end of the site and there
is an existing hydrant along Meadowvale Road. These two should provide adequate
coverage.
234-1904,jul
.
Mr. Steve Ach
July 19, 1994
Page Two
The question needs to be answered as to whether the utilities will be considered
public or private. If they are public, easements need to be provided over the utility
runs. If they are to be considered private, then the developer would have ownership
from the connection to the city facilities in Meadowvale Road.
5. The streets within this development will be considered private. They are shown to
be 5 inches of gravel base with a 2 inch bituminous mat. This should be sufficient
to carry the expected traffic. There is no concrete curb and gutter proposed within
the development. This is similar to previous types of developments of this nature
(most recently in the Barrington Place plat).
.
6. . There is not enough information to determine how the drainage will work at the west
end of the site adjacent to the existing buildings in that area. Additional spot
elevations should be provided in this area to indicate how drainage will be handled
such that it does not impact the property to the west.
7.
This project should be assessed the Storm Sewer Impact Fee on a per acre basis.
That fee is yet to be determined by the City Council, but will be between $600 and
$720 dollars per acre.
.
8. Street lights should be provided as part of the development. It is recommended that
three street lights be placed within the development. One at each entrance on to
Meadowvale Road and one near the northerly side of the development.
9. There are a couple of areas in the development where it appears that the grades are
relatively flat from a drainage standpoint. This is really not of great concern to the
City since the roads will be private. There are areas that we believe slightly more
grade should be provided to eliminate any bird baths or to provide adequate drainage
across the road section. We would be happy to discuss these issues with the
developer's representatives at any convenient time.
If you have any questions regarding these comments, please call.
Sincerely,
MSA, CONSULTING ENGINEERS
.
~~
Terry J. Maurer, P.E.
TJM:jm
234-1904,jul