5.1. PCSR 10-10-2006Elk 6�
River
City of Elk River Item Number
REQUEST FOR PLANNING COMMISSION 5.1
ACTION
Agenda Section Meeting Date Prepared by
Planning Items October 10, 2006 Sheila Cartne , Senior Planner
Item Description Reviewed by
Request by Jeff Werner for Preliminary Plat approval of Jeremy Barnhart, Planning Manager
Location
East of Quincy Street south of County Road 33 west of County road 13, south of Birchview
development; 20687 and 20575 Quincy street.
Introduction
The applicant is proposing to subdivide 54 acres into 16 lots and one Outlot.
Attachments
• Request for Action
• Location Map
• County Road 33 connections
• Woods and wetlands plan
• Staff comment letter
• Memo from City Engineer
• Memo from Sherburne County Public Works
• Memo from Environmental Administrator
Action Requested
Staff is recommending the Planning Commission recommend denial
Planning Commission Action Motion by Second by Vote
Follow Up
Case File: 06 -15
Page 2
Location: 20687 and 20575 Quincy Street
Zoning: R1a Land Use: Rural Residential
Adjacent N — R1a Adjacent N —Rural Residential
Zoning: E — R1a Land Use: E — Rural Residential
S — R1 a S — Rural Residential
W — R1 a W — Rural Residential
Site Area: 54 acres
Landscape Required: Two landscape trees per interior lot, 4 landscape trees per corner lot
Req'd: Proposed: No Landscape Plan submitted
Conforms: Land Use Plan — No
Zoning Code — Yes
Subdivision Code — No
120 Day Rule: Action must be taken on this request by November 28, 2006
Overview
The subject site is comprised of two existing non platted lots. Both lots contain a single family
home with some outbuildings. The subject site is in the R1a zoning district which allows 2 1/2 acre
lots; the applicant is proposing 16 lots. The site is heavily wooded and has wetlands present.
Sherburne County met with staff on August 31, 2006 and informed staff that the extension of
County Road 33 is proposed south of this development.
Analysis
The subject property is zoned R -1a, the R -1a zoning district is intended to allow for rural lifestyle by
permitting low density residential development in areas that are marginal or nonfeasible for
agriculture. This is the area of the city which is not primarily suited to farming due to soil
conditions, slopes, tree cover, and other physical features better suited for nonfarm housing and
related accessory uses. The subject site is heavily wooded and has seven wetlands onsite (exhibit A).
The southeast side of the lot has the majority of the trees and largest wetlands.
Based on a review of the proposed plat, and the comprehensive plan, it is Staffs opinion that the
plat is inconsistent with the vision outlined in the comprehensive plan, and that this property is a
prime candidate for an Open Space Preservation (OSP) plat. In working with the developer, the
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developer has stated he has no intention to pursue an Open Space Preservation plat. However, even
without the use of the OSP, which in theory gives the development community opportunity to
offset certain costs associated with preserving certain features, the Comprehensive Plan still requires
the promotion of the vision outlined in the Plan.
In the past Staff has recommended approval of plats with several conditions, which included minor
alterations. In staffs opinion, however, this would be inappropriate for this project, due to the
nature of these conditions would drastically alter the layout of the plat, making additional Planning
Commission review appropriate. Staff will be recommending denial of this plat; there are a series of
reasons outlined in this report.
Transportation
General land use policy number 15 of the Comprehensive Plan requires developmentproposals to consider
the impacts on transportation and natural systems beyond the boundaries of their individual projects. During the
August 31, 2006 meeting with City Staff and Sherburne County, the County has indicated there will
be no connections on County Road 33 between Twin Lakes Road and Quincy Road; therefore
alternative connections from this development are critical to review. As proposed, the subdivision
does not consider impacts on transportation and natural systems, which is not consistent with
general land use policy number 15. Based upon this information staff requested an area plan from
the developer to demonstrate how the properties to the north and south could develop, which staff
did not receive (Exhibit B).
Due to the Sherburne County access and road alignment plans (exhibit C). Staff believes that road
connections of 207th street, Johnson Street and 208th street are critical for the surrounding properties
and reflects the county access policy for this stretch of County Road 33 and provides connection to
Twin Lakes Road. The attached City Engineer's memo dated September 11, 2006 discusses other
transportation issues related to this proposal.
Subdivision
These findings are necessary for the city council approval of the preliminary plat and the final
plat:
(1) The proposed subdivision is consistent with the zoning regulations (article VI of this
chapter) and conforms in all respects with all requirements of this Code, including the zoning
regulations and this article.
(2) The proposed subdivision is consistent with all applicable general and specialized city,
county, and regional plans, including, but not limited to, the city's comprehensive development
plan. As discussed in this report it is staff's opinion this plat is not consistent with the
comprehensive plan.
(3) The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are
suitable for the type and density of development and uses contemplated.
(4) The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage transportation, erosion control and all other services, facilities and improvements
otherwise required in this article.
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(5) The proposed subdivision will not cause substantial environmental damage. A tree
preservation plan was not submitted with this application, but based on the Site Plan it appears a
significant amount of trees will be removed.
(6) The proposed subdivision will not conflict with easements of record or with easements
established by judgment of a court. There is an easement through the middle of the property; the
applicant has not indicated their intentions with this easement. A vacation is necessary to
accomplish what has been proposed.
(7) The proposed subdivision will not have an undue and adverse impact on the reasonable
development of neighboring land. Sherburne County has met with City staff and the applicant
and has indicated there will be a connection of County Road 33 south of this development. It is
staff's opinion that this subdivision plays a critical role in providing access to the surrounding
properties, due to the lack of access off of County Road 33. Staff requested a sketch plan from
the applicant to address this issue; a sketch plan was not submitted. Staff requested a sketch plan
from the applicant to address this issue; a sketch plan was not submitted. Due to non - submittal of
the plan the City can not ascertain whether or not there is an adverse impact on the development of
neighboring land.
(8) The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
Because of the lack of adequate roads staff considers this subdivision premature as proposed.
Natural Resource Inventory
The Natural Resource Inventory provides the City with extensive data related to the location and
quality of natural resources in the city. The City can use this information as a basis for updating its
current environmental ordinances, or for developing new approaches for protecting and enhancing
its natural resources. Future growth, changes in land use, and development of infrastructure can
impact the health and function of natural communities and natural systems. The City can use its
zoning and subdivision controls to avoid or minimize these impacts, and provide incentives for
developers and landowners to protect or restore natural resources.
The Natural Resource Inventory does indicate several natural resources in the area. They consist of
Forest Communities which include, but not limited to: upland oak forests and lowland tamaracks. It
is staffs belief that the purpose of the NRI was to identify and preserve areas that contribute to the
character of Elk River
Comprehensive Plan
The property is designated Rural Residential in the City of Elk River Comprehensive Plan. The
Comprehensive Plan has vision statements that are a tool for evaluating proposed projects. One
vision of the Elk River Comprehensive Plan is to preserve and maintain the environment; this site
can accommodate that vision with an open space preservation plat. Policies are also established in
the comprehensive plan that should be reviewed with development. Under General Land Use
Policies, policy number 12 states... encourage "cluster developments" in rural areas in order to preserve the semi-
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rural character of the community, he 45 implement the greenway concept, and maintain private proper fights interests.
The open space preserve plat is a cluster development that preserves 50 percent of the site in a
conservation easement that maintains open space.
The Environmental Resources section of the Comprehensive Plan advises that staff work with
developers to preserve existing natural open space areas and areas that help implement the
Greenway concept. As well as develop, preserve and protect environmental resources with the area,
such as forest, wetlands, water bodies and shorelines, with respect to open space, recreational uses,
water and air quality and natural ecosystems. This section encourages the preservation of natural
contours and soils, and preservation of natural vegetation. The city is to work with the developers
to preserve existing natural open space areas and allow the transfer of densities on a site in order to
preserve site features that otherwise might not be preserved. The open space preservation plat
would accomplish the goals of this section.
The OSP ordinance does not require its use; however, it appears that the incentives do not outweigh
the costs of sustainable design.
Lots
Sixteen lots are proposed with one access from 207t" Street. The lots range from 2.5 acres to 4 acres
in area. Lot 3, Block 2, may not meet the contiguous acre requirement; the applicant should address
this issue.
A wetland buffer of 25 feet and a building setback from the buffer of 20 feet is not shown on the
plans it is not clear if all the proposed buildings will be able to meet these setbacks.
If the Open Space Preserve Ordinance was used for this development, the site possibly could have
24 lots or more depending on density credits that could apply.
Landscaping
A Landscape Plan has not been submitted. Interior lots require two trees and corner lots require
four trees. Interior lots are to have one boulevard tree and corner lots are to have two. Staff
requested a tree preservation plan and mitigation plan be provided to get a better handle on the
removal proposed, but it has not been provided.
Grading, Drainage and Utilities
Grading, Drainage and Utilities are addressed in the City Engineer's memo dated September 11,
2006.
Comprehensive Park Plan
The Comprehensive Park Plan does not indicate any park target area nor trail corridor in the wider
area.
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Parks and Recreation Dedication Recommendation
Given the Comprehensive Park Plan, staff recommends that the Parks and Recreation Commission
recommend that park dedication be paid in the form of cash. Staff has not received the Park and
Recreation Commission recommendation as the meeting is October 11, 2006, staff will forward the
recommendation to the City Council.
Recommendation
Staff recommends that the Planning Commission recommend denial of the request for the following
reasons:
• Transportation connections — Sherburne County has indicated a future connection of
County Road 33 south of this development will have no access. To be consistent with the
Comprehensive Plan, this development should consider the impacts on transportation and
natural systems beyond the boundaries of their individual projects. Staff is of the opinion
that further exploration of street connections within this development is needed prior to any
approvals.
Subdivision Findings — In order for the City Council to approve a subdivision there are eight
findings that must be met. Five of the findings are not met. (5) The proposed subdivision will not
cause substantial environmental damage. A tree preservation plan was not submitted with this
application, but based on the Site Plan it appears a significant amount of trees will be
removed.
(6) The proposed subdivision will not conflict with easements of record or with easements established by
judgment of a court. There is an easement through the middle of the property; the applicant has
not indicated their intentions with this easement. A vacation is necessary to accomplish
what has been proposed.
(7) The proposed subdivision will not have an undue and adverse impact on the reasonable development of
neighboring land. Sherburne County has met with City staff and the applicant and has indicated
there will be a connection of County Road 33 south of this development. It is staffs
opinion that this subdivision plays a critical role in providing access to the surrounding
properties, due to the lack of access off of County Road 33. Staff requested a sketch plan
from the applicant to address this issue; a sketch plan was not submitted. Due to non -
submittal of the plan the City can not ascertain whether or not there is an adverse impact on
the development of neighboring land.
(8) The proposed subdivision is not premature. A subdivision is premature if any of the following exists.
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support ystems.
Because of the lack of adequate roads staff considers this subdivision premature as
proposed.
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• Natural resource inventory — The Natural Resource Inventory does indicate several natural
resources in the area. They consist of Forest Communities which include, but not limited to:
upland oak forests and lowland tamaracks. Future growth, changes in land use, and
development of infrastructure can impact the health and function of natural communities
and natural systems. The City can use its zoning and subdivision controls to avoid or
minimize these impacts, and provide incentives for developers and landowners to protect or
restore natural resources.
• Comprehensive plan - One vision of the Elk River Comprehensive Plan is to preserve and
maintain the environment; this site can accommodate that vision with an open space
preservation plat. Policies are also established in the comprehensive plan that should be
reviewed with development. Under General Land Use Policies, policy number 12 states
encourage cluster developments" in rural areas in order to preserve the semi -rural character of the community,
hep implement the greemvay concept, and maintain private properly rights interests. The open space
preserve plat is a cluster development that preserves 50 percent of the site in a conservation
easement that maintains open space.
• Lots — Lot 3, Block 2, may not meet the contiguous acre requirement; the applicant should
address this issue.
• Lack of information. Staff requested the applicant provide an area plan showing
connections through this development, as staff views these connections critical to this area.
Such plan was not provided. Staff also requested a tree preservation and mitigation plan to
determine how many trees are being removed and replaced, this plan was not submitted. The
wetland buffer and setbacks are not shown on the plans, it is not clear if the proposed
buildings will meet these setbacks. The required Landscape Plan is also missing from this
application.
With the inconsistencies with the Comprehensive Plan and the lack of road connections with this
development staff does not believe this site is suitable for the development proposed.
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City of
�
1� =
River
13065 Orono Parkway
Elk River, MN 55330
August 30, 2006
Mr. Jeff Werner
Werner Bros Realty
15385 Armstrong Blvd
Ramsey, MN 55303
Re: Cranberry Ridge Plat
Dear Mr. Werner:
EXHIBIT B
Based on a preliminary review of the proposal, we feel that further exploration is necessary
to better understand the proposed development and how it interacts with surrounding
properties. Specifically, comments were raised regarding the development of adjacent
parcels, some of which I understand are owned or otherwise controlled by you. This
information is important in working with Sherburne County, and locating potential accesses
with the future 33 corridor. Staff is scheduling a meeting with Sherburne County to more
fully understand their issues and future plans.
Additionally, based on this preliminary review, it appears that a cluster development is more
appropriate for the area. Staff would encourage the exploration of this type of development,
which preserves much of the existing trees/ wetlands, while providing more density.
Because of these issues, the Planning Commission will not review the proposed layout at
their meeting in September, but could review a revised application addressing these issues in
October. We will be in contact in the near future to discuss the comments above.
Please do not hesitate to contact me should you have any questions, I can be reached at
(763) 635 -1035.
Sincerely,
G1
heila Carmey
Senior Planner
City of Elk River
Phone: 763.635.1000
Fax: 763.635.1090
www- Belk- river.mn.us
City f tl�
Ri'ver
13065 Orono Parkway
Elk River, MN 55330
September 13, 2006
Mr. Jeff Werner
Wemer Bros Realty
15385 Armstrong Blvd
Ramsey, MN 55303
Re: Cranberry Ridge Plat
Dear Mr. Werner:
EXHIBIT B
As we discussed at our meeting on September 8, 2006, we feel that further exploration is
necessary to better understand the proposed development and how it interacts with
surrounding properties. Specifically, comments were raised regarding the development of
adjacent parcels, proposed and future street connections, tree removal, and cluster
development; therefore, additional plans and information are needed.
This letter is intended to provide staff comments and requests and provide additional
information regarding this application. Based on the Preliminary plan received on July 31,
2006, staff is not in support of the proposal. We are working toward an October 10, 2006
Planning Commission meeting date, which would require revised plans submitted no later
than September 25, 2006.
Additional comments and requirements are as follows:
Timeline
As mentioned above, an October 10, 2006 Planning Commission meeting is anticipated,
therefore the additional plans should be submitted prior to the September 25h deadline.
Lots
1. Please provide a table indicating the legal description and lot size.
2. Demonstrate that Lot 3, Block 2, has 1 acre of contiguous land, void of wetlands or
timber areas.
3. Lot 2, Block 3, should show primary and secondary septic locations.
4. Wetland buffer (25') and wetland setback (20') should be shown.
Phone: 763.635.1000
Fax 763.635.1090
www.ci.e1k-rjver.rnn.us
Streets
5. Show how the cul -de -sac will connect with future subdivision to the south
6. Provide informati on on 30 mph design
7. See attached Engineers comments dated September 11, 2006.
LandscQe/Veggtation
8. As discussed a tree preservation plan should be submitted indicating the type and size of
trees to be removed. (Section 30 -415, 30- 375(5), 30- 934(5) 30 -936)
9. The Landscape Ordinance requires at least 2 trees per lot for interior lots and at least 4
trees for corner lots, the Landscape Plan should show some replacement potential for lost
trees. (Section 30 -415)
Engineers Comments
10. Engineering comments dated September 11, 2006 are attached, please address
accordingly
Miscellaneous
11. Please provide a sketch plan for the property to the south indicating how Kennedy Street
will connect and how Nixon Street will connect to the future County Road at Twin Lakes
Road.
12. There is an easement through the property that will need to be vacated, please indicate
your intensions. The plan shows the easement to be vacated. Please identify the beneficiary
of that easement and who will approve the vacation.
It is helpful to generate a point by point response letter to these comments as part of your
next submittal. That way, focus can be directed to comments that were not addressed and to
those that required additional discussion, reducing time necessary for staff review.
The point by point letter and revised drawings should be provided by September 25, 2006.
The revised submittal should include five full size sets as well as four 1 1x1 7 reduced sets for
the Planning Commission review. A .pdf copy of all revised graphics are required to be
submitted.
Please do not hesitate to contact me should you have any questions, I can be reached at
(763) 635 -1035.
Sincerely,
eila Cartney
Senior Planner
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of DATE IVL
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MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
FROM: Rebecca Hau S, Environmental Administrator
DATE: August 21, 2006
SUBJECT: Oak Wilt at the proposed Cranberry Ridge Plat
Oak wilt is an aggressive disease that affects many species of oak trees, and is threatening the
urban and rural forests of Minnesota. Due to the significant acreage of oak trees in this
proposed developed, the developer should be required to do the following as a condition of
plat approval:
➢ NO pruning of oak trees between April 1 and July 1; if accidentally wounded, non -
toxic paint or dressing to wounds shall be applied.
➢ The developer must hire a qualified tree inspector to determine the presence of any
oak wilt and /or develop an oak wilt control /prevention plan.
• If oak wilt is identified, remedies to control it must be provided to the city
for approval as well as the oak wilt control plan.
• All remedies to control oak wilt must be conducted in a timely manner.
Developer must inform buyers of any active oak wilt known to exist on the property
and any oak wilt suppression work known to have occurred on the plat as a
condition of plat approval.
➢ The above conditions should be required for all plat approvals.
It costs money to control oak wilt, but doing nothing can be much more expensive. Costs
of ignoring oak wilt include increased heating and cooling costs for homes, cost of additional
dead tree removal and decline in property value and quality of life.
August 22, 2006
City of Elk River
Attn: Chris Leeseberg
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: Cranberry Ridge
Dear Mr. Leeseberg;
AU G 2 2006
Sherburne County
PUBLIC WORKS DEPARTMENT
13880 Highway 10
Elk River, MN 55330
(763) 241 -7013. 800 - 594 -5208
We have reviewed air photos and the drawing dated 7/28/06 for the proposed plat of Cranberry Ridge
located adjacent to CSAH 33 and north of the new alignment of CSAH 33, within the City of Elk River.
We have also had planning conversations with Jeff Werner and submit the following comments.
The design of this plat must satisfy the future access needs of all parcels located adjacent to the new
CSAH 33 alignment as this new alignment will not allow access except at half mile spacing. This new
alignment is a 150' right of way. With this configuration, can parcel no. 75- 114 -4400 be subdivided to
the satisfaction of the City with access only through this plat?
Sherburne County requires that 50' of right of way along CSAH 33 be donated and dedicated in fee
title and that the limited access symbol be applied to the drawing. We will require the construction of
a full right turn lane on CSAH 33 at 207th Avenue along with the removal of the existing driveway
access. This construction must meet county standards and will require a permit from our office. Be
advised there is only 33' of right of way outside the boundary of the plat. A slope easement
agreement from the affected land owner is necessary and may affect the wetland.
If you have any questions call me at 763 - 241 -7013.
Since y,
Richard D. Corbin
Sherburne County Public Works
cc: Terry Maurer, City Engineer
Rhonda Lewis, County Engineer
Russ Heiling, Traffic Engineering
Leon Opetz, RLK
JRW., INC. Developer
of
River
MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
FROM: Terry Maurer, City Engineer /II
DATE: September 11, 2006
SUBJECT: Cranberry Ridge Addition
File: 226 -144P
The following is a summary of the significant engineering issues as discussed at the staff
review meeting and the meeting with the developers and their representative.
1. The roadway should be designed for a minimum of a 30 mph design speed, according to
MnDOT criteria including both horizontal and vertical curves.
2. Enough information needs to be provided with the submittal package to indicate that
Kennedy Street will be able to maintain a 30 mph design speed in turning from southerly
to easterly direction to head toward Twin Lakes Road. The developers have significant
information on the property to the south, the submittal package should also ensure that
the road alignment will not impact wetlands that can be avoided.
3. A temporary cul -de -sac is shown at the end of Kennedy Street. City policy is that
temporary cul -de -sacs are built to the full diameter and meet all the criteria of a
permanent cul -de -sac, since many times these installations remain for a long period of
time. There will be a requirement for the standard City of Elk River sign at the
temporary cul -de -sac, indicating this is a future road extension.
4. As we discussed at the meeting with the developers and their representative, the grading
plan should reflect adequate grading to ensure a minimum house pad and primary septic
system location on every wooded lot. Then, based on this grading plan, a tree
preservation plan can be constructed in accordance with what the Planning Department
is requesting.
5. I believe the developers have received the letter from Sherburne County Public Works
regarding this plat. The resubmitted plans should show the appropriate improvements
requested on County Road 33.
6. The grading plan and drainage calculations previously submitted have not been reviewed
in great detail. There may be other minor comments regarding these issues as a full
review of the plans is completed.
If you have any questions regarding any of these comments, please contact me.
SAPLANNING \Case Files \2006\Plat\P 06 -15 Cranberry Ridge \09 1106 Engrs memo.doc
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