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6.10. SR 03-18-2002City Item # 6.10 MEMORANDUM TO: FROM: Mayor and City Council , Scott Harlicker, Senior Plannef~' DATE: March 18, 2002 SUBJECT: Case No. P 02-03 - Request by Cascade Land Company for Preliminary Plat, Windsor Park 3rd Addition Request Consider a request by Dynamics Design and Land Company for preliminary plat approval of Windsor Park 3rd Addition, a 93 lot single family cluster development. Location North and south sides of County Road 33 at the Macon Street alignment Zoning/Land Use Rla (Single Family Residential) and A1 (Agricultural Conservation) / LR (Low Density Residential) and A (Agricultural) Attachments Location map Memo from the City Engineer Letter from Sherburne County Highway Department Development plans Narrative from the developer Diagram of the proposed private park Letter from Bogart, Pederson responding to issues raised by staff Overview Existing Conditions The plat includes 196 acres located on the north and south sides of County Road 33, about ¼ mile west of the intersection with County Road 1; 162 acres are located on the south side and 34 acres are located on the north side. Overall the land is a mix of woodland, wetland and open fields. There is a 240 foot wide NSP powerline easement that transects the property diagonally from the southeast to the northwest. Of the 196 acres, 90 acres are wetland and 106 acres are upland. The property north of County Road 33 is mostly upland with two isolated wetlands. It is hilly with a mix of open fields and woods. There is one existing single family home on this side of the road that will remain. This property is zoned A1 (Agricultural Conservation). The minimum lot size in this district is 10 acres. The property south of County Road 33 is ~h wetland and ~h upland. Two upland ridges separate the wetland. The wetlands and ridges are a mix of woods, open fields and open wetland and the east 12 acres are open fields. There are 2 single family residences on this property, both will remain and be incorporated into new lots. This property is zoned Rla (Single Family Residential). The minimum lot size in this district is 2.5 acres. Project Summary This subdivision is unique in that the project includes land on the north and south sides of County Road 33. There are 92 residences proposed on 162 acres located on the south side and 26 acres of open space and an existing residence proposed on 34 acres on the north side. There are 136 acres proposed as preserved open space, 110 acres south of County Road 33 and 26 acres north of County Road 33. The project will include trails, both public and private, that will connect to an adjacent development. Analysis Density Cluster subdivisions are allowed in both the A1 and Rla zoning districts on parcels 20 acres or larger and if at least 50% of the eligible land is kept as protected open space and a community septic system is utilized. The base density of a duster plat is based on the underlying zoning district density times an automatic density bonus for the septic system. The density equations are different for the two zoning districts. The A1 equation is as follows: (34.54/10 -- 3.45 lots) times an automatic density bonus, which in the A1 district is 2.15, (3.45 x 2.15 -- 7.43 lots). The Rla equation is as follows: (157.50/2.5 = 63 lots) times an automatic density bonus, which in the Rla district is 1.15, (63 x 1.15 -- 72.46 lots). With the bonus allowed for the clustered subdivision the applicant is allowed 80 lots (73.43 lots A1 + 72.465 lots Rla). Additional Density Bonuses Additional density bonuses can be achieved by meeting several standards equaling a 5% bonus each. In this case the developer is requesting the following additional bonuses as shown below. The rational for these bonuses are outlined in the applicant's attached letter. Rla A1 Create an endowment for open space 3.1 Provide public use of open space 3.1 Architectural and landscape theme 3.1 Lots less than ~ acre 3.1 .17 .17 .17 .17 12.4 .68 13.08 Total bonus lots Based on staff's calculations the developer, if the Council accepts the additional density bonuses, is allowed 93 lots for this project (80 + 13.08 -- 93.08 or 93 lots). The developer is also requesting one additional lot be allowed. The proceeds from the sale of this "community benefit lot" would go to the Elk River Athletic Department. The Subdivision Regulations do not allow for this type of bonus lot. The addition of this lot would be at the discretion of the City Council. If this additional lot is allowed, the total number of lots for this project would be 94. Layout Streets There are two main access points from County Road 33 into this development. Joplin Street is at the east end of the plat and Queen Street at the west end. There are 3 main streets through the project, Queen Street, Pascal Street, Naples Street/215~h Avenue/Joplin Street and 2 cul de sacs, Queen Circle and Naples Court. Naples Street/215~h Avenue/Joplin Street runs east to west through the plat and Queen Street and Pascal Street run north to south. Pascal Street will be platted to the south boundary of the plat in order to provide a future connection to the property on the south. The streets will be a typical rural section with bituminous curb and gutter. Sherburne County Highway Department has reviewed the plat and their comments are included in the attached letter. Lots The developer is proposing 93 lots. They will range in size from 11,690 sf. to18,032 sf. Most are between 12,000 to 14,000 sf. All of the new lots are located south of County Road 33, abut open space and are at least 80 feet wide. There is one lot on the north side of County Road 33 that contains an existing home. Included as part of that lot is land that is intended to be used for future right-of-way to provide access to the adjacent 120 acres north of the 34 acres on the north side of this plat. Outlots Four outlots are proposed on the south side of County Road 33. Outlot A is 43.65 acres, it consists of wetland and an area that will be used for wetland mitigation; Outlot B is 4.22 acres and will be utilized for a drainage pond and neighborhood park; Outlot C is 37.47 acres and is about 3A wetland, and Outlot D is 29.67 acres and is about 3A wetland. Outlot C contains the community septic system. One outlot is proposed on the north side of County Road 33. Outlot E is 25.96 acres. This outlot will be dedicated as a city park. The NSP power line easement cuts diagonally across this outlot. Open Space On the south side of County Road 33, Outlot A, C and D comprise 110.75 acres of open space. Of those 110.75 acres, 81.9 acres (73%) is wetland. On the south side of County Road 33 most of the upland open space is located on the east end of Outlot C. There is also some upland open space along County Road 33, along the south boundary of the plat and behind the lots on the west side of Joplin Street. On the north side of County Road 33, Outlot E comprises 25.96 acres of open space. Of those 25.96 acres, 4.1 acres (15%) is wetland. The Park and Recreation Commission has recommended that Outlot E be dedicated to the City to meet the park dedication requirement, however, the total credit will be 18.1 acres; slightly less than the 10% allowed by ordinance. In order to provide recreational opportunities for south of County Road 33 the developer is proposing a 1 ~ acre neighborhood park Outlot B. The park will include a play area, a basketball court, playground equipment and benches. This area would be for the use of residents of this development; it would not be a public park. A detailed diagram of this park is included in the packet. There is 136.71 acres of open space total included in this plat. Of those 136.71 acres, 86 acres (62%) is wetland. Overall, including the properties on both sides of County Road 33, 36.67% of the open space is buildable. The buildable open space on the property south of County Road 33 (zoned Rla) is 25.23% and the buildable area of the open space north of County Road 33 (zoned Al) is 84.11%. The ordinance requires that in the Rla district 35% of the open space be buildable and in the A1 district 10% of the open space be buildable. Trails The developer is proposing a trail along a portion of the south side of County Road 33. This trail will extend from Queen Street to a proposed crossing of County Road 33 at the west boundary of Outlot E. Staff is recommending that the trail be constructed along the south side of County Road 33 from the west boundary of the plat to the east boundary of the plat. This will be the initial segment of a trail that will run between County Road 32 and County Road 1. The trail should be a 6 foot wide bituminous trail. The developer is also proposing a trail connection that will connect with the existing trail in Windsor Park. The trail should be bituminous and connect the trail in Windsor Park with the new trail along County Road 33. This trail along with the trail along County Road 33 would be for public use. The developer is investigating constructing a private woodchip trail along the south boundary of the plat connecting Polk Street with the new trail connection to Windsor Park. This woodchip trail would be a private trail. A sidewalk is proposed to be installed along Pascal Street from the south boundary of the plat to Queen Street and along Queen Street to County Road 33. Grading, Drainage and Utilities Grading, drainage and utility issues are addressed in the City Engineer's memo. The developer is proposing to fill several wetlands and will be required to provide wetland mitigation. Landscaping The landscape plan includes 186 trees. The ordinance requires 2 trees per lot. The applicant is proposing 93 lots; the landscaping requirement for 93 lots is 186 trees. The required trees are proposed to be planted along the streets and as screening around the perimeter of Outlot C. The applicant is also requesting a density bonus for landscaping. This bonus should require additional landscaping above what is required by the ordinance. The applicant is proposing additional landscaping on Outlot B in order to qualify for the density bonus. Park Dedication The Park and Recreation Commission recommended that Outlot E and a small cash contribution be accepted to fulfill the park dedication requirements. Well and Septic The project will have a community septic system and individual wells. The septic system will be located on Outlot C. Planning Commission Meeting At the Planning Commission meeting held on February 26th two adjacent property owners spoke at the public hearing. A resident of Windsor Park, whose lot abuts the proposed development, had a concern about the proposed private trail along the south boundary of the project. He wanted to be sure that the trail would not be too close to his rear property line. The property owner to the east of the project expressed concern about a possible public trail that would go through Outlot C. He also wanted to make sure that the trail would not be too close to his side property line. The Planning Commission discussion centered on Outlot E and whether is should be included in the open space calculations. The opinion of four of the Commissioners was that since Outlot E was on the north side of County Road 33, it should not be counted as open space and included in the density calculations for the property south of County Road 33. If the property north of County Road 33 is not included in the open space calculations, the property south of County Road 33 does not meet the buildable open space requirement. They also discussed the need for additional information regarding architectural covenants and the landscaping theme. They were uncomfortable giving a density bonus without more specific information. They did not express a concern regarding the overall layout of the streets and lots or the configuration of the open space south of County Road 33. Recommendation The Planning Commission recommended by a 4:2 vote that the City Council deny the preliminary plat request for Windsor Park 3rd Addition based on the following findings: 1. THE REQUEST FOR ADDITIONAL DENSITY BONUSES DOES NOT MEET THE INTENT OF THE ORDINANCE. 2. THE PUBLIC USE CRITERIA WAS NOT MET FOR THE DENISTY BONUS. 3. THE ARCHITERCTURAL COVENANTS AND LANDSCAPING THEME ARE NOT SUFFICIENT FOR THE DENSITY BONUS. 4. THE LAND SOUTH OF COUNTY ROAD 33 DOES NOT HAVE ENOUGH BUILDABLE OPEN SPACE TO MEET THE ORDINANCE. 5. THE LAND NORTH OF COUNTY ROAD 33 IS NOT ACCESSIBLE ENOUGH TO BE INCLUDED FOR A DENSITY BONUS. Staff recommends that the City Council approve the preliminary plat request for Windsor Park 3rd Addition with the following conditions: A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. OUTLOT A, OUTLOT C AND OUTLOT D BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A QUALIFIED LAND TRUST. 12. ALL MAILBOXES BE CLUSTERED. 13. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. 15. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 16. THE DEVELOPER SHALL INSTALL THE BITUMINOUS TRAIL ALONG THE SOUTH SIDE OF COUNTY ROAD 33 FROM THE EAST TO WEST BOUNDARIES OF THE PLAT AND A BITUMINOUS TRAIL CONNECTING THE TRAIL IN WINDSOR PARK WITH COUNTY ROAD 33. 17. A SIDEWALK SHALL BE INSTALLED ALONG THE WEST SIDE OF PASCAL STREET FROM THE SOUTH BOUNDARY OF THE PLAT TO COUNTY ROAD 33. 18. MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, THE LANDSCAPED MEDIANS AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS SHALL BE THE RESPOSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 19. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 20. OUTLOT E SHALL BE DEEDED TO THE CITY TO MEET THE PARK DEDICATION REQUIREMENTS. A SMALL CASH DEDICATION SHALL ALSO BE REQUIRED. 21. ALL COMMENTS IN THE SHERBURNE COUNTY HIGHWAY DEPARTMENT LETTER SHALL BE ADDRESSED. 22. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT AND THAT: · A TECHNICAL EVALUATION PANEL REVIEW ANY FILLING OR MITIGATION OF WETLANDS. · THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. · THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO FILLING ANY WETLANDS. A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE WETLAND MITIGATION AREAS WITH THE RECORDING OF THE FINAL PLAT. · THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS INCLUDING THE COST OF THE MITIGATION WORK. · THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO RELEASING THE LETTER OF CREDIT. 23. THE DEVELOPER RECEIVE ALL THE NECESSARY COUNTY DITCH AND REAPORTIONMENT PERMITS. River Location Map Case Number: P 02-03 Cascade Land Co. N (Windsor Park 3rd Addition) rd R, Green Company February 20, 2002 File: 816950J-0240 Mr. Scott Harlicker Senior Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330-0490 RE: WINDSOR PARK THIRD ADDITION Dear Mr. Harlicker: As requested, we have reviewed the submittal package for the Windsor Park Third Addition. It was prepared by Bogart Peterson and Associates, and contained eight sheets. Those sheets consisted of preliminary plat; preliminary grading, erosion control, and mitigation plan; preliminary utility plan; and a preliminary landscape and lighting plan. The set that we reviewed had a revision date of February 11,2002. We have subsequently received a second revised set dated February 19, 2002. It appears that the February 19th plan is very similar, with the exception that three lots have been removed. Therefore, our comments will be based on the February 11, 2002, plan set. Based on our review, comments received at the staff review meeting, and a meeting with the Developer, we would offer the following comments: A. PRELIMINARY GRADING PLAN · We question many of the overflow elevations shown for the drainage ponds. For instance, the pond behind Lot 2, Block 8, shows an overflow of 945; however, the existing topography around that area shows most elevations in the 944+ range. How will this pond drain? It appears that there will not be a positive overflow. The same question holds true for the two drainage ponds located adjacent to Pascal Street on either side of Block 3. · No emergency overflow elevation is shown for the proposed pond in Outlot B. · Catch basin elevation should be provided for the proposed storm sewer in the Naples Court and Queen Circle cul-de-sacs. · The side slopes adjacent to 215th Avenue are relatively steep between Blocks 6 and 8. These should be flattened to provide a more gradual slope off of the side of the road. · There are several driveways that appear to be relatively flat. These would include Lots 3, 4, and 5, Block 9, and Lots 1 and 4, Block 11. · There are retaining walls noted for several of the lots in Block 11. More detail should be provided in these areas to indicate how the retaining walls will be built and how they will affect the grading of the lot. These types of walls will be required to be built by the Developer prior to releasing the plat for building permits. Ltr 2-20~02 Harlicker. rev 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 Mr. Scott Hadicker February 20, 2002 Page Two The proposed improvements require some filling of the wetland area. These are noted on the plan with identified mitigation areas. Obviously, this project will need to go through a Technical Evaluation Panel for the wetland issues. B. STORM DRAINAGE Detailed storm drainage calculations were provided. These have been reviewed. In general, the storm drainage concept is fine. However, there are a number of questions and modifications that need to be answered or made. These include the following: · The report does not clearly show a comparison of the total of pre and post total site discharge rates. It appears as though the post-development rate is less than the pre-development rate for the 100-year event. · The 100-year peak pond elevations are summarized in the drainage report. The 100-year high water elevations (100-year HWL) are shown on the preliminary grading plan for ponds 40, 42, 43, and 44. The grading plan should show the 100- year HWL for all ponds in the development. · The 100-year HWL for pond 66 is shown in the report as 945.4; the calculations submitted show this elevation to be 945.0. This should be corrected in the report. · The calculations should be revised to show the normal water level to be at the outlet elevation at the beginning of the 100-year event. This will affect the calculated 100- year HWL for most of the ponds. · Pond 8 along Ranch Road is shown to have no outlet other than overflowing the curb onto 215th Avenue. Storm sewer is shown in the area. An inlet should be added behind the curb to drain this area. · The trail crossing the ditch between Ranch Road and 215th Avenue will require a culvert within the ROW of Ranch Road. · The EOF between Lots 10 and 11, Block 1, is shown at an elevation of 947.0. The Iow point at the intersection of 214th Avenue and Queen Street is 945.0, leaving a potential pond depth of 2.0 feet in the road should the storm sewer become obstructed. The Iow point should be raised or the EOF should be lowered to allow a maximum ponding depth of 1.0 foot. · The EOF between Lots 19 and 20, Block 1, should be moved to the lot line between Lots 18 and 19. · Details of the pond outlets should be provided in the drainage report. Many of the ponds in this development have a weir outlet. Are these constructed with dp-rap, treated timbers, or some other materials? · No water quality calculations have been provided to determine if adequate dead storage has been provided. · No analysis of the 1-year or 10-year events has been provided. · The calculations show a curve number of 39 for lawn (good) soil type A in the developed condition in the yard area of the lots. Typically, residential developments import topsoil for lawn and the soil type in the yards is more characteristic of type B soils. The curve number for this case would be 61. The calculations should be revised to show a curve number of 61 for yard areas. Ltr 2-20-02 Harlicker. rev Howard R, Green Company CONSULTING ENGINEERS Mr. Scott Hadicker February 20, 2002 Page Three The calculations show a curve number of 36 for woods (fair) soil type A in the wetland areas. Typically, there is not soil type A throughout a wetland. The soils map shows areas of Seelyeville soil in the wetlands. A curve number of 85 should be used in these areas C. ON-SITE SANITARY SEWER No design calculations were provided relative to the on-site sewer system that would be required for this cluster development. Given the size of the development, the on-site sewer system will require an MPCA permit. We anticipate that the design and calculations will be submitted shortly, at which time we will provide a wdtten review of the information. If you have any questions regarding these comments, please call. Sincerely, Howard R. Green Company Terry ~ Maurer, P.E. TJM:tw Ltr 2-20-02 Hadicker.rev Howard R, Green Company CONSULTING ENGINEERS February 6, 2002 City of Elk River Attn: Michele McPherson 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 Sherb PUBLIC WORKS DEPARTMENT Rhonda F. Lewis, P.E. 425 Jackson Avenue Elk River, MN 55330 (763) 241-7030 ° 800-594-5208 RE: Windsor Park Third Addition (Revised) Dear Ms. McPherson; County Highway 33 has been identified in the Sherburne County Transportation Plan as a possible major east-west collector; therefore it requires special consideration as it relates to plat development. The number of access points along CH 33 must be minimized and the access point' s chosen must serve the development of parcels on both sides of the roadway. These access points will become four way intersections when the properties to the north develop. After reviewing the drawing for Windsor Park Third Addition we offer the following comments. 1. We request 70' of right of way be dedicated in fee title to Sherburne County. 2. We will require an access permit for each approved access location. 3. We accept the proposed access locations of Joplin Street and Queen Street as drawn. 4. We will require right turn lanes built to our standards at each location. 5. We will require bypass lanes built to our standards at each location. Be advised these bypass lanes are in areas where there is only 33' of right of way. Before access permits will be granted we require a signed slope easement agreement with the affected landowners. 6. We support the city's position for the internal connection for Naples Street. With this connection Naples Street would become a thru street, thus it will not meet the spacing guidelines. Therefore is not acceptable. 7. The developer is responsible for the applicable signage fees to bring this segment of roadway into compliance. 8. The developer is responsible for pavement marking correction as required. 9. We do not support the proposed trail crossing CH 33. We agree with the City of Elk River that any trail crossing a roadway with 55 MPH traffic is unsafe. 10. There is a cattle pass under CH 33 that must be removed or plugged by the developer. 11. The fences located within the County fight of way must be removed. si , Richard D. Corbin Sherburne County Public Works WINDSOR PARK I]2I A MASTER PLANNED RESIDENTIAL COMMUNITY WINDSOR PARK 111 A MASTER PIM.NNED OPEN SPA CE DEVELOPMENT INTRODUCTION Cascade I Land Company is proud to announce Windsor Park Ill, a master planned open space community that will follow the conventional planning and design of Windsor Park I & II and the Ridges of Rice Lake in Elk River. By setting homes away from busy roads and designing walk out lots that are adjacent to open space with scenic views, parks, and trail systems, Windsor Park III will be another quality residential development in Elk River. In Windsor Park III over 70 lots are full basement walkouts and over 90 lots are adjacent to natural open space areas. Contingent upon plat approval, construction will begin in the spring of 2002 and completed by the fall of 2002. Home construction would begin in the late summer of 2002 and is expected to continue for 2-3 years. Windsor Park III will maintain the excellence of design of Windsor Park I & II, which has received statewide recognition and was recently featured in the Minnesota Land Trust's brochure for innovative sustainable development. In addition, Windsor Park recently won a "Bennie Award" by the Builder's Association of the Twin Cities for best new neighborhood. DENS1TY FORMULA PER SUBDMSION ORDINANCE A. 2.5-acre zoning density with incentives yields 85 lots on 158 acres. B. 10-acre zoning density with incentives yields 7 lots on 34.5 acres. * The calculations are attached as ExhibR A. RATIONALE FOR DENSITY A. Base Density with Community Sewer This is based on 159 acres x the 1.15 formula per ordinance and 34.54 acres in the 1 O-acre zoning district. All homes would be located in the 2 ½ acre district, with the exception of one larger lot created in the 10 acre district on the north side of County Road 33 to allow for an existing home to remain on a conforming lot. B. Endowment An endowment fund will be created for the Homeowner's Association for the open space per ordinance requirements. Co Providing Public Access The land to the north of the County Road 33 is within the 10 acre zoning district. It also contains the most scenic and valuable open space. Because of this, Windsor Park III is proposing to concentrate the residential density to the south of 33 and abut all lots adjacent to natural wooded and wetland areas. This will provide very private backyard settings for homeowners and allow the additional open space to be used for parkland to the north of County Road 33. The public benefits of the park dedication are as follows: The land is very scenic, wooded pasture, with minimal under brush. Approximately 22 acres is high ground and contiguous, creating more opportunities for open space and park uses compared to fragmented chunks of open space broken up by homes. The park area could serve the residents of the proposed development, as well as the entire city due to its size and land qualities. The proposed park is in an area that the City of Elk River Park's Commission has previously considered for acquisition of an area wide park for the city. This creates an affordable and rare opportunity to acquire a large amount of good land in a central location of Elk River. The additional 25 or more acres could be acquired in the future (hrough dedication or a possible purchase to the north of this property. 3. The property would be deeded to the city at an agreed upon date in the future with the current owner, Carroll Bloomdahl. Looking north from County Road 33 Closer look from County Road 33 Landscaping, Lighting and Architectural Theme Landscaping will include the city ordinance requirements for two trees per lot. This would equal approximately 180 trees. Each lot would contain one spruce or pine to be planted and the remainder would be planted in the open space to screen the sanitary sewer areas and also to provide an attractive border for Outlot B in the western portion of the plat. This central area would also be excavated and restored with natural vegetation and tree and shrub plantings. The type of vegetation planting would be based on the recommendations of the Sherburne County Soil & Water Conservation District. In addition, each of the two entrance islands will have matching rock and shrub plantings that. are drought resistant. o The architectural theme will include two matching island Monuments that will include brick, slate and stone materials. All homes will be under an architectural control that will create a "distinct neighborhood". EXAMPLE Placed Horizontal with the County Road 33 & Lighted on both sides ARC~C~~ CONTROLS (EXAMPLE} There will be type A lots and type B lots. Type A will have less flexibility from these controls than type B. All plans maintain a distinct curb appeal for the entire plat. · When possible garages faces shouM be designed to enhance the streetscape as much as possible. Designs options could be as follows: Turned a minimum of 22.5 degrees from the front street. Inside loads Outside loads Rear loads Setback from the house fronts Decorative garage doors (wood or windows) Flexibility and exceptions may be made by the Architectural Control Committee (ACC) for lots that have physical limitations due to width, tree preservation, slopes, widths, etc. Home fronts shall have at least 25% brick, rieldstone, or cultured stone, unless otherwise approved by the Architectural Control Committee (ACC). front entrances shall be enhanced with a combination of the following features: · Decorative Pillars · windows above, or the side of entrance door. · Functional Front Porch · Engraved address ii's All retaining walls shall be either stone or decorative block and each wall shall not exceed 6' in height. Additional terraces will then be used.. Roof pitch of at least 8/12 unless otherwise approved by the ACC. All fencing shall be approved by the ACC before installation. Eo Fo Decorative matching streetlights will be used in conjunction with Connexus Energy and Elk River Utilities within the public right of way. The style of lighting will be similar to those in Windsor Park I & Il(See Exhibits). In addition, the front entrance monuments will be lighted on both sides in order to provide an attractive and safer entrance in the evening when traveling County Road 33. ½ Acre Lots All lots will be less than ½ acre per ordinance requirements for density bonus. Community Benefit Lot This is a request for an additional lot that will be donated to the Elk River Athletic Department in order to help finance a new press box. This lot is at the discretion of the City Council of Elk River City. 4 CONNEXUS ENERGY Yo, ,' Corr~r~ur~d"y F_.r~or(:jy PL~r-tr~or Outdoor Lighting Tra d/t/on:t/Conch Lnn tern Thc trad/r/ona! Coach hm tern dca has endured the test of t~¢~c w/th s~ph¢u'c charm, white pro [q'd~V superior h~h6 which can be used wide, vanbty o[setn~gs. This luminain'e is available in 100 and 150 ~vatt HPS. The optical system consists of £our acrylic refractorpanels to ffive an eftTcient light distribution. The refractors provide an IES type III light distribun'on. The housinff is made o£cast aluminum and tTnishes with a polyesterpo wrier paint to insure maximum durability. The standard color is black-. Other colors are a vaUable. DIMENSIONS [ 102rmml / ('OIII1C. VII.¥ h'ner, g:F Outdoor l.~ghtin,g pro rides state of th e art I(gh tin,g p rodu ets and ,s'ervices to commtutitie.% developers, filial DII.~I'IIC.SA'C.M JJ'ort~y./~ec {'lt~'([(l' l/ltd /it ain fl'ti/ltl CC pro,drams pro vide un.S'ltqm.~'sed perfbrmance and reh'abilio,. I"or tnt, rt' it(/brmation co/tract Four (~/Itl~'.Xlt~ ]:'nt'r.u)' ,Wlll-/,j )- / h - ~ t~r w'~l'l /J/l/' ~'~'/~xllt': Il It'll. ( ti Il 1I (' ~ Il S { 'Il C1'[~ 1'. ~ CONNEXUS ENERGY Your Cor'r}r'r/Lir'~lty Fr~or.qy P;artr~er' Outdoor Lighting Lantern Luminaire 77w dine/ess styling, of dw c'/~du sided L'um'rn revives n*cmor/c$ of the ronrit~ 1920s ,'hh it.s' acsthctlCnl~V p/casin~, destk, n. ,'h/lc its supcriorperformancc adapts ,'cH to n[U, street-scape lighting project. This luminaire is available in 100 and 150 watt HPS (High Pressure So&'um) The optical assembly consists ora glass refractor operating in con/unction with a formed aluminum refractor located in top cover. This refractor system is desiff, ned to ~ntrol the distribution of h'~ht to maximize .iJJ'zation and uniformity. The glass will not discolor (turn yello w) over time like the acryh'cs orpolycarbonate Iens. This refractor provides IES type III h'echt distribution. The housing is made of cast aluminum and is finished with a polyesterpowderpaint to /nsure maximum durabih'ty The standard color is bhtck. ('onncxu.~' I:'ner.[:V Outdoor Lk&.hting provides s'tate oJ'the art lk[.hting products' and .~crv&'e.s 1o ('omm uniflex, developerx. (Ittd hu.sine.s'.scx, tVoro, jhee eneq[9' and ttltlillletltlllt'd pro,[,ram.x' provide tttl.$ llrp(l.X S cd pccfbrntatwe and re[lab/Ilo'. /"or lilt)fl' in/;~rmalion C'OIIItlCf Four WPARK III LAND CALCS. % OF BUILDABLE IN OPEN SPACE 25.81 107 4.11 80 84.11% 25.23% · 174.54 GROSS ACRES LESS EXISTING ROW NET ACRES 4,2 OPEN SPACE 1 32,8 WETLANDS 84,1 36.67% i DENSITY FORMULA 2.5 zone 10acre zone :!~ :'-:.total GROSS ACRES - ROW ACRE 157.50 34.54 192 gross density 63 3,454 Base Density with sewer 1.15 2.50 72.45 7.43 endowment 5.00% 3,15 0.17 providing pub~lc access 5.00% 3,15 0.17 covenants to create landscape lightin~l 2.50% 1.58 0.09 covenants to create landscape li~lhtin~l 2.50% 1.58 0.09 less than 1/2 acre lots 5.00% 3.15 0.17 Total 85 8 93 WINDSOR PARK THIRD ADDITION OUTLOT B 5 PD CBS 3 CB.~ 5 SM 14 BHS 4 SM CBS SUGGESTED LANDSCAPE LEGEND KEY BHS CBS BM PD SD HBC OUANITY TYPE 26 BLACK HILLS SPRUCE 16 COLORADO BLUE SPRUCE IO SUGAR MAPLE 9 PAGOOA DOGWOOD § SILKY DOGWOOD 5 HIGH BUSH CRANBERRY VIRGINIA MOUNTAIN MIST BLACK-EYED SUSAN PRAIRIE WILD ONION BLUE-EYED GRASS GRACEFUL SEDGE ,'..'.'..'.':..':': JUNE GRASS CBS GROUND PARK ~TE 5 PO CHNNUNK FENCE E~TRANC~ GATE z<~_. ~: o ,..-, ,¢_.< SHEETi N/ MAR--l~-02 05 .'4T PM DYNAMICS DESIGN ~nd LAND 6124418684 P.OS Bogart, Pederson 'tes c. ~ / / LAND SURVEYINO ~ i',/,,~// C~VIL ENGINEB~NG MAPPING 2002 1306~ Om~ P,O, Box 490 Elk ~vc~, ~ 55330-0490 Dca: Mr Narlick~r: 'I~b letter is in re.sponsc to your ~¢morah~ium to the plara~g commiaaicn dated Fcb~y 26, 2002 tegiudtng the pro .poa~ pl,,t Wh~dsor P~rk Third Addition. We would like to respond ta t~e recommendatio:U made by th6 Ci~r of Iilk River ?la,",nln8 Department ~d to the c, ornment~ provided in the attached le:tem from the Howard la,. Green Company md the Sherbume County Public Works DepartmenL City of Elk River reeommead~tion~ The following ar~ our respomcs to thc t~co:r~endatio~ proposed by thc City oI~ EII~ RNcr Plazu~L~ D~panmcnt: 17. 18. ~e d~loper .~all l~$tall #re bltumlnou, s trc~il alon~ the south side of Counr~ Zoad J$ from th~ east to wt~t J~undar~e~ o£the plat and a bttuminotar trail connectln8 th~ rrotl in R/In~or Park wtth vounty road $$. A woodchtp pall ~hall b~ tnztalltd along t~e south boundary of the plar connecting Pa.~cal Str~t with thc bituminous trail in Outlot C. A bitumino, ua trait ha~ b¢¢z~ added to the preliminary piazza aloha thc sou~ side of County Road 33. However. the trail a.s shown in the current set ot'r~vised pla~ does not ~xtend all of the way from thc cast to west boundaries ott~ plat, but instead connects Queen and Joplin Strata, 'Wear of Queen Street, the construction of a trail would require illin& a, co~iderabl, e amount of wetland. East of J'.oplin Street, thc trail Would ~ontlict with the proposed on-site ~pti~ system. Tho rcviacd prel~ plans include a bituminous lrsll com"ieeting the pro~sed plat to Winds'or Park, BeMuse or' a negative response l~nl. ~ ¢ommunityi lhe Developer ~ the City have a&reed to r~rnov~d thc proposed wocckkip trail slo~q~ rtl~ so,Ill boundary of ~e plat frora our project pla~s. ztdewalk shall be In,tailed along tht'ea~t side of Pascal Street.from the south boundary plat to count), Road MAR--15--02 85:4? PM ~r.ll. 20~2 t'28P~ DYNAMICS DESIGN clnc~ LAND 6124418604 P.04 21. d ?~vised lan~cape plan shall be Provided that complies with the land.~cap~ ordinance .... We h-vc created 0. s~pamlc p~k md po~d conc~p~ t:Im'l that shows the lo.hen md qua~tlt,/ thc ~ditioo.~l Ctt~ EngL~eer ~oward R, Or~en) Comment~ The roilow ~ o~ res~am to ~c co--=ts provid by Tc~ ~cr off thc How~ ~. Orcm ~mpmy. 8~a ~. M~ ~vte~d ~ pt~ ~d gebm~ 11, 2002. all lot ~ blo~ z~c~flccs ~ ~e fo~o~ respects ~I refer ~ ~s rcviatoo of~ pl~. Preliminary Gradln~ Plan I. Pla question many o/the owrflaw el~otlont shown far ~e dratnage ponds. Th~ ponch in quc~on ha'~c each bccn raised 0.$' to ~uantutee proper d.-atn~e ~om the ovcrflow. · No emergency overflow el~atton¥~'lhown for the. prOpased pond In Outlet ~. A revised emcrgcucJ,, overflow cl~.wation is now shown on th~ grading .plan. Catcil ha'tin oI~vatton should be provided for the proposed storm sewer in the Naples Co~t and ~,uetn Circle ~u[-da,$ac.~. Thcs~ cl~vafloua az~ ~ow a~wn on our ut~atcd plato. 7'h, ~tde slo£e~' a~acent to ~15" .,twnue are r~lattvely ~taep I~tw~en ,~lo~k~ ~ t~t ~. l'hese zhould be flat~ned to pro~l& a mort gradual flope o.~'~f'the .r~ o/tile roa~ Thc ~rading plan has bccn r~viac~ to show a flatter, 4:1 ato~ at this locatiou, There are s~ral drtvewaF~ that appear to be relatively flat. Those lots at issue have ell bccn m0ved/revtscd in later revisions to the plan. Evm'~ driveway in thc plat has a d.dv~way alcl~ ofa~ lc~t ~%, Th~r~ ar~ retaining Wail# noted fo, !everal ~f th¢ lot.~ in ~lack 11. Mort detail should b~ provlded tn these .ar~a~ to lnd~aatt haw the reta~n~g wall.~ well b~ butlt and how they wtll aff~ct th~ gradlng of rh~ lot.. Most cftc rc~ining walls shown on the 7./11/02 revision were removed from the plan ~et. A delallecl Profile and cross sectio~ of the remaining rcudntng well will bc provided wJ',.h the ~ MAR-15-82 85 :48 PM DYNAMIC'S DESIGN o. nd LAND 6124418684 ~er,13, 2002 4'?.7P~ No,0782 P.85 B. Storm Drainage i. The re~or~ doc# not ¢l, ar~ ~ow a comt~arlaon o/the total o/pre and Ro~t total site ditcharge rate~. · [n'~e rex~aed drainage repO~ wc have now marc c[cexly compared the tozd pro ~d ~at ~e fo~ ~c ~te groj'cct aitc. ~adi~ ~lan ~uld ~w the 100-y~ar ~L f~ all ~on~ In t~ dawtopment. newest m~sion of ac ~ pl~ now ~c$ ~c lO0 yc~ H~ ~r ~1 of~e poa~, IO0-ye~ ~ far ~cn~ 66 t~ ~h~n tn the re~r~ ~ 94~.4; the c~l~ulatlo~ tubmitted shaw t~ia elt~lon to ba 94~. O. ~hlg ~uM ~ ~rracUd In th~ re~ra H~ lis~ed tn ~e te~a ~. a ~. ~c =po~ ~ been ~vtsed to ~e~ ~c co~ect olcvation. The calculations should be revised to show the normal water loyal to be at tha au#at elevation at the begtnntn8 of the 700 j~ear event. Tht~ well afl'eat the calculated lOO year HtgL for moat of th~ ,uond~· In the rCvise~i drainage rcl~ort,' each Of thc reservoirs have now been anal. yz~ ass~mln$ the beginning water level in t~ pond is a~ ~ outlet elevation,' POnd ~ along Ranilh '~°ad ts:xhown to have no outlet o~her than over/lowing the curb onto 21~ a..4venge. ~torm .~awar It xhown tn the area dn tnlet.~l~ould ba added b~htnd tho curb to drain thtt or~a. An inlet to drain ~i, er~a is n~;w Jh~v,'u on th~ rcvise~i grading plea, The trail croa;tn~ tl, e dltch b~twmen l~ancl~ ,qaa# and 2 ~ $ within th, RO~ of R~ch' Road at 215~ Aven~ h~ b~a ~a~d. The EOF between ~ot.~ 10 and 11, Block l, la al,own at an elevation of 947.0. The low potnt ct the intersection of 214tn ~lvenue. and ~/ueen Street ts 945. 0 leaving u potential pond degth 0/'2. O feet tn the road should the ~torm sewer become obstructed The Iow potnt ~hoglld be ~at~ed or ih~ ~0~r #hauld be la*uer~d to allow a mtcrlmum pondlng depth afl. O foot. The EOF has been lowered'on'the revised grading plan. The maximum portdinl{ depth ts 'n, ow 1.0 feet, MAR--l~--02 05 -'48 PM DYNAMICS DESIGN end LAND 6124418604 P.06 10. The EOF between £ot~ I$ and ~0, 2~1ock 1, zbould be m~d to the lo~ lI~e b~tween £ots 18 and Ig. The gr~tn~ plan has been revised rn sl~ow thc £O1~ between Lots 18 and 19. Detail,~ of the pond outlets thould t~ provided bi the ~ainage report. Many o/the ponds in this development have a weir oudet. Ar, th**e conatructadwlth rip-rap, treated ttmber$, or .~ome other materlalt? A detail of a typical ~nd outl~ has I:n:an provt~;t with thc rcvta¢ct drz/nai;e report. We will be tacorporat~nl r/prep into a gra~ed earthen weir. No water quality calculations ha~ been provide. A chart and design calculations for ~ teed ~toras, r~ui~manl has beea a~l~Z~led to th= r~viscd ~age repca. 1 i. No ana~vsl.~ of the l.year or.lO.year eventx has betn~rovtdtd I -ye~ ~d i~y,~ ~yses have be~a ~cl~d ~ ~c rc~acd ~e mpo~ 12. ~e calcul~lo~.~how a cu~' number' of SP for i~n (good) ~otl ~pe A tn the de~loped condl~on in tfi~ y~d area of the Ion. ~lcMl~, raMde~tal de~lopmt~a im~rt topxolI for t~n ~'the soil ~ In.the yaMa ls more ch~act~ristic ~e B soils. ~ c~e n~ber for th~ c~e wouM bi' 61. The cal~la8ons shouM be revised ta tho~ a cume nflmb~r o/SI for y~d ar~. 13. The drainage report haa beea revised ~o ~eurrte a curve number of 61 for the yard a~eas. ~ calculattora show a curve number of J6for woods (fair) sari r~e A tn #t~ w~tland arta~. Typically, there Is not soil ~p~ A throughout a wetland. The ~o115 map show~ araa~ of Seelyevllle sotl tn th~ wetlanda. ~t curve number of 85 should be u~ed tn the.~e A curve numar of $$ ha$ ~en uacd in the revised drainage r,:pon f,~r the w~o&d areas in thc $c¢lyevill, ~oil, C. On-fl~e Sanitary Sewer The design sad calculations of tki~ ~ystem ate nearing completion taxi will be submitlr..d to thc City as soon as they are available. We ~ prOCeed with a~quiring an MPCA pcrmi! for the on- ,itu sewer system at tha~ time. ' MAR-1--02~ 05:48 PM DYNAMICS DESIGN amd LAND 6124418604 P.07 Sherburne CounV/PublW Work~ Department Comments ofth~ Sherburne Couaty Public Works Department. I. F/~ request 70' of rtght of ~o,a,y bt d, dicated In f~e tttl~ to gherburne County. Thc aurr~mt nv[sion of thc prdimlnary plans show s 50 l'~t ~f right of way dedicated to Shcrburne Calmly. tacrr, asing thc right of way to ?0' would :aus~ significant cncraa~hrn~t upon tt~ existing wctland~ due to th: bituminous trail sion8 County Road 31 sad would also hinder the feasibility of the on-site septic s~stem. The developer may be willing tn go with 60' of righe of w~y ii'th,, trail system can 'oc bulk within it. 2. ~e will r~qutre an acces.r perm#for each approved access location. Thb will be goae prior to const'ru¢tion of'this project. 4. ~ w#l r~quir¢ right turn lane~ Built to our .~tandardz at each location. Rlgh~ yam lanes are now ~,iown on th~ revised grading plan ax the intersections ofQu~n S~t and ,Joplin Strut with Coun,.ty Road 3:1. I4% will r~qutr~ bypar$ lane'~ built to our ~tandards ar each location. Be advtted these bytxt.~s loner art In areas ~htre'there Is only Si' of right of way. 'Before acces.r permtt~ will be granted, we reft~lre:a ~tgned ,slope ~asemen! ag'ferment with the a~ected landowners. Bypaza lav.~s at Qu~a St and .roplia St. ~ now ~o~ on ~c mvb~ ~ing pl~a. ~c developer is ~ ~: p~Ccss of aa~p~.~ to ~q~ slope e~emea~ for ~e ~wo ~ted l~do~cra. I~ #u~porf the ctty',s position for the Internal connection/ar Naple~ Street. Naples Street was connect~i tn Pascal St~:t ~n thc FcN~mry 11 revision to the pr~ltrninary plans, We do not au;l~rt th, locarton of th~ proposed trail. It must b~ located at an tntar,~ctlon to j~rovtdt a safer I0, Thc trail cr~salng has ~en eltmlnau:d ~om the revised pI:-~, Ther~ is a cctttl~ pass under .CH 33 that meat be removed ar plug&~d by the dsveloper. A nolo h~ been added m the preliminary trad~g plan to plug th~ ~xiating caul¢ pass. MA[~--15--02 05:49 PM DYNAMICS DESIGN end [-AND 6124418684 ~.I3, 2002 4'28~M Ii~,~782 ~,, 7 P.08 Thank you for your ~rompt or cornmenut regarding r.M~ project, ple, a.,,e feel ~ee 'co call us oF .rim Brow~ at Dynamics Desigm ~,L------------' ....... Chris Otteme~s Bogan, Pefler~nl and Associates Terry Maurer, Howazd R. Green Brown, Dyammic-, Design & Land CamT~ny Richer4 Corbin, Shcr~me Count, Public Works / / Ri." 0 .! WINDSOR PARK THIRD ADDITION LEGEND ~' L~. 0 Z .°oi3 x x N LEGEND -,,,C4 our~o? o . / / / / ~OZ go~ I I I ? ./ J OUTLOT* F I I- I . N L£GCND I /_/. ~:~, -. ~ ...... -'% ~x- 'T- '~ ~ /'t ~..~ · ~ ' ~ --- ' .... / '"-"2" \"~0 ~ .~ ~ / ./.~* // '-I ./ / / / / / / N LEOE~ID I WINDSOR PARK THIRD ADDITION CITY OF ELK RIVER, SHEI?BURNE COUNTY, ~NESOTA DYNAMICS DESIGN & LAND COMPANY &BOGART, PEDERSON ASSOCIATES, INC. ~'-FHF~-'~-~,~ ............... (]VIL ENGINEERING MAPPING P, dver 13065 Orono Parkway Elk River, MN 55330 TO: FROM: DATE: Memorandum Mayor and City Council Stephen Rohlf, Building and Zoning Administrator .~"/2_ March 25, 2002 SUBJECT: Wetland Conservation Act Decision- Windsor Park Third Addition WCA 02-4 The developer of Windsor Park Third Addition was proposing to fill 99,843 sq. ft. of type 6 and 7 wetland in 13 locations to accommodate roads, trails and lots in this plat. The Technical Evaluation Panel (TEP) reviewed the proposal and made recommendations to reduce the amount of wetland fill. Due to safety concerns, the TEP agreed with the wetland fill proposed to accommodate roads. The developer will be using 3 to 1 instead of 4 to 1 side slopes on the roads where they go through wetlands to reduce the amount of filling. The TEP recommends against filling wetlands to accommodate trails or lots. It appears that the trail system can be accommodated without filling wetland. Lot 2, Block 8 will need to be eliminated or relocated and Lot 1, Block 8 will need to be shifted to avoid filling wetlands for lots. Two lots have already been eliminated from an early version of the plat to avoid filling wetland. House pads in the plat appear to be sufficiently setback from the wetlands to avoid filling them during construction. Using 3 to 1 side slopes for roads through the wetlands avoids approximately 3,700 sq. ft. of wetland fill, moving and/or narrowing the trail along CSAH #33 avoids 4,559 sq. ft., the elimination of the two lots the developer removed from an earlier version of the plat avoids 1,700 sq. ft. and relocating or eliminating Lots 1 and 2, Block 8 avoids an additional 1,408 sq. ft.; for a tota!~reduction of 11,367 square feet. The TEP is recommending approval of the plat with the revisions to avoid filling wetlands as stated. The TEP also reviewed the locations and construction of the wetland replacement (mitigation) areas proposed. All wetland mitigation is proposed to be done on site. Some wetland buffer areas will be used for public value credits, but credit will not be given to storm water ponds. The TEP is recommending approval of the wetland mitigation plan as proposed. A related issue that came up at the TEP review is the fact that the plat ultimately drains to Branch 13 of Sherburne County Ditch #1. Sherburne County will need to review and Phone: 763.441.7420 Fax: 763.441,7425 www. ci.etk- river, mn.us approve the drainage calculations for the plat and the property will need to go through a reapportionment for ditch assessments. A map is attached to this memo showing the wetland areas proposed to be filled and the mitigation areas, including the buffer areas. FINDINGS Kjolhaug Environmental Services prepared a Wetland Delineation Report for the property in November of 2001. The Technical Evaluation Panel reviexved this plat on March 14, 2002. Combined notification of the proposed filling and replacement plan was mailed out to the appropriate governmental agencies on March 15, 2002. The comment period ended April 15, 2002. No negative comments were received by the city on the proposed wetland plan from the mailed notice. The Technical Evaluation Panel found the proposed wetland filling and wetland mitigation plan application dated, March 7, 2002, (as revised) acceptable under the rules of the Wetland Conservation Act and stipulations listed beloxv. RECOMMENDATION Staff recommends approval of the revised filling and mitigation plan for this project with the following stipulations: 1. That a restrictive covenant and drainage and utility easement be recorded on the mitigation and buffer areas. 2. That the Developer's Agreement for the project includes language that places the responsibility for the success of the wetland mitigation on the developer. That the letter of credit, which covers the public improvements associated with the project, also includes the cost of the mitigation work. o That the developers submit a written monitoring report on the replacement wetlands one year after this mitigation work is completed and that this report be approved by city staff prior to the release of the letter of credit.