7.1. SR 07-24-1995~~-r ~~
( ~ ITEM 7.1.
tyof~~
l~ • MEMORANDUM
River
TO: Mayor and City Council
FROM: Gary Schmitz, Planning Assistant (~(~'
DATE: July 24, 1995
SUBJECT: Preliminary Plat for Jeff Mastley and
Randy Lindquist, Weatherwood
Subdivision/Public Hearing Case
No. P 95-1
Request
Jeff Mastley and Randy Lindquist are requesting preliminary plat approval
to subdivide approximately 80 acres into 21 single-family residential lots.
Location
• The property can be generally described as that area lying east of Zebulon
Street (County Road 72), and directly south of the Fairhaven Hills
subdivision.
Zoning/Land Use
R1A (Single Family Residential) LR (Low Density Residential).
Attachments
• Updated Preliminary Plat
• June 27, 1995 Memo to the Planning Commission
Background
The property consists of approximately 80 acres, and is accessed by Zebulon
Street to the west and the extension of Troy Street to the north. The
preliminary plat also illustrates possible connections to adjacent properties,
providing a complete transportation system. All the parcels will have
individual septic systems and wells. There are two existing single-family
homes located within the proposed plat on Lot 1, Block 1, and Lot 6, Block 4.
•
S: CounciUP95-1
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo To The City Council Page 2
July 24, 1995
• The attached June 27, 1995 Memo to the Planning Commission explains this
request in detail.
Updated Preliminary Plat
The updated plat shows the realignment of 199th Avenue with the Zebulon
Street intersection. The applicant has shifted 199th Avenue to the north in
order for the existing home, located in the exception area on the plat, to meet
a 35-foot front yard setback. The R1A Zoning District requires a 35-foot front
yard setback. Therefore, this change would be consistent with Elk River City
Code. Shifting the road to the north will require the filling of additional
wetland area, which will need to be mitigated at a 2:1 ratio.
The updated plat also shows the location of two septic locations per parcel,
which is required by City Code. Staff questions the location of septic systems
on a few of the parcels, and may request that soil borings be required for
these parcels prior to final plat approval, to determine that each parcel is
buildable and can support a septic system. A list of questionable lots will be
available for the City Council Meeting.
• County Ditch #28
The Sherburne County Board has recently reviewed the proposal by the
developer to cross County Ditch #28 in four locations for the construction of
the roads in the Weatherwood subdivision. The County has approved the
ditch-crossing, and are requesting that the replaced the lines are the same
size and located at the same elevation as the existing the line system. The
rationale for not increasing the size or changing the elevation in the the
system, is that although the City may in the future take over County Ditch
#28, no in-depth studies have taken place on this ditch system. Therefore,
only a guess could be made as to what size and what elevation the storm pipe
should be installed. Change in the size and elevation of the ditch system may
also lead to potential problems with the review by the Army Corps of
Engineers and DNR.
Another issue related to County Ditch #28 is that the applicants are
proposing to repair County Ditch #28 in several areas on the plat, where
existing the lines are broken. The applicant will need to coordinate further
with Sherburne County on the repair issue. It is my understanding that the
County has determined that the ditch-crossing issue will be at the expense of
the developers; however, the ditch maintenance/repair issue will be assessed
• back to the property owners, who will receive benefit from County Ditch #28.
S: CounciUP95-1
Memo To The City Council
July 24, 1995
• Wetlands
Page 3
As mentioned in the June 27, 1995 Memo to the Planning Commission, there
are several wetland basins located throughout the property. The applicant
has avoided most of these wetland areas; however, is proposing to fill
approximately 1/4-acre of wetlands. The wetland fill areas are primarily for
the construction of roads off of Zebulon Street, to provide access to the site.
The Wetland Conservation Act requires that any wetland which is filled be
replaced on a 2:1 ratio. The applicant is currently working on providing the
city with a replacement plan for the filled wetland areas. The City Council
will be required to review and make a recommendation on the Replacement
Plan prior to final plat approval. The Wetland Replacement Plan will most
likely be reviewed by the City Council in late August or early September,
depending upon when the applicant submits a complete Replacement Plan to
staff.
Planning Commission Meeting
At the June 27, 1995 Planning Commission Meeting, the Commission was
concerned with the number of conditions related to this plat, but
• recommended approval with the conditions listed in staffs memo.
Discussion from the audience at the Planning Commission Meeting involved
the extension of Troy Street in the Fairhaven Hills Subdivision to the
Weatherwood Plat. Troy Street currently dead-ends in the Fairhaven Hills
Subdivision. However, platted right-of--way does exist to extend Troy Street
to the Weatherwood Plat. A condition of approval by staff, requires that the
applicants extend Troy Street through the Fairhaven Hills Subdivision to the
northern boundary of the proposed Weatherwood Subdivision. In 1987, when
Fairhaven Hills was platted, Troy Street was rough-graded to the southern
boundary of the Fairhaven Hills plat, in an effort to put the surrounding
residents on notice that the street will function as a through street and not as
a cul-de-sac. The audience was concerned that the Troy Street extension
would lead to increased traffic, and a safety concern for neighboring children.
Staffs rationale for requiring the Troy Street extension, are for emergency
access purposes (two ways in and out of the property), maintenance, and to
provide a traffic flow between subdivisions.
•
S: Council/P95-1
•
•
•
Memo To The City Council
July 24, 1995
Recommendation
Page 4
Staff and the Planning Commission recommend approval of the preliminary
plat to subdivide approximately 80 acres, into 21 single-family lots, based on
the following conditions:
1. A development agreement be prepared outlining the terms and
conditions for plat approval and installation of improvements.
2. Comments outlined in the City Engineer's memo dated June 21,
1995, be addressed and incorporated into final plans for the
development.
3. A surface water management fee in the amount required by the City
at the time of final platting be paid prior to recording the plat.
4. Park dedication fees be paid based on the per lot rate at the time of
final plat approval. This fee shall be paid prior to release of final
plat.
5. All of the appropriate permits to fill and mitigate wetlands be
approved prior to final plat approval.
6. A tree preservation plan be submitted with each building permit
where homes are constructed in wooded areas.
7. An NPDES permit be obtained for the grading associated with the
development prior to commencing any grading activity.
8. Proper erosion control be provided during construction.
9. The developer reimburse the City for costs associated with reviewing
this plat prior to releasing the final plat for recording.
10. The developer provide the City with a letter of credit in the amount
required by the City to cover the costs of the improvements.
11. Upon completing all the improvements and having them accepted by
the City, a warranty bond in the amount of 25% of the improvement
cost shall be submitted with the City for a one year period.
12. 199th Avenue at the intersection with Zebulon Street be shifted 15
feet to the north to provide the existing home a 35 foot setback in this
location.
13. The developer work with the County regarding the ditch crossings,
maintenance and redistribution of the ditch assessment prior to
recording the plat.
14. Two septic locations must be shown on each parcel with proper
setbacks prior to preliminary plat approval by the City Council .
15. Soil borings be required on lots that are questionable for supporting a
septic system. This information must be submitted for review prior
to final plat approval.
16. Troy Street be extended through the Fairhaven Hills plat and
upgraded to City standards at the developers expense.
S: CounciUP95-i
Memo To The City Council
July 24, 1995
Page 5
17. Street lights be installed as required by Elk River Utilities.
18. All driveways within the plat be improved with either a bituminous
or concrete surface from the edge of the street to ten feet within the
property line.
19. Developer pay a sealcoating fee in the amount determined by the city
engineer prior to releasing the final plat for recording.
20. A development plan illustrating type of home and finished floor
elevations be approved by the city engineer prior to issuance of a
building permit.
21. A permit from Sherburne County Highway Department for work
within county right-of--way will need to be obtained.
22. Developer coordinate with the Post Office for mailbox locations.
•
•
S: CounciUP95-1
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River To:
FROM:
DATE:
ITEM 5.2.
MEMORANDUM
Planning Commission
Gary Schmitz, Planning Assistant ~'
June 27, 1995
SUBJECT: Preliminary Plat for Jeff Mastley and
Randy Lindquist, Weatherwood
Subdivision, Public Hearing Case No.
P 95-1
REQUEST
Jeff Mastley and Randy Lindquist are requesting preliminary plat approval
to subdivide approximately 80 acres into 21 single family residential lots.
LOCATION
The property can be generally described as that area lying east of Zebulon
Street (County Road 72) and directly south of the Fairhaven Hills
subdivision.
ZONING/LAND USE
R1A (Single Family Residential) LR (Low Density Residential).
ATTACHMENTS
• Location Map
• Zoning Map
• Preliminary Plat
• Attachment A
• Memo from Terry Maurer dated June 21, 1995
BACKGROUND
The property consists of approximately 80 acres and is accessed by Zebulon
Street to the west and the extension of Troy Street to the north. The
preliminary plat also illustrates possible connections to adjacent properties
providing a complete transportation system. All the parcels will have
C]
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
--~ individual septic systems and wells. There are two existing single family
r homes located on the proposed plat on Lot 1, Block 1, and Lot 6, Block 4.
NATURAL FEATURES/WETLANDS
The proposed plat has several wetland basins located throughout the
property. The applicants have done a good job of avoiding the wetland areas,
however, the developers are proposing to fill approximately a quarter acre of
wetlands. The wetland filling areas are primarily for the construction of
roads off of Zebulon Street to provide access to the site. The Wetland
Conservation Act requires that any wetlands that are filled be replaced at a
ratio of two to one. Therefore, if the applicant fills a quarter acre of wetlands
it must be replaced with a half acre of created wetlands within the same
County or watershed. Prior to the filling of any wetland area the applicants
must provide a replacement plan showing where and how the wetlands will
be mitigated. The replacement plan must be approved by the City Council
and other agencies such as the DNR,, Army Corps of Engineers, Minnesota
Pollution Control Agency, Fish and Wildlife Service, etc. before any filling
can commence. The wetland replacement plan must be approved by the City
Council prior to approval of final plat. If the wetland replacement plan is not
approved, the plat may need to be revised enough to necessitate further
review by the Planning Commission.
f
'~ WOODED AREAS
The property has a wide mixture of existing vegetation. There are several
pockets of wooded areas scattered throughout the plat as well as open areas
and wetlands. The dominant tree species is oaks with a mixture of tree
varieties near the wetland boundaries. With the placement of the roads, the
applicant has done a good job of avoiding most of the wooded areas. Some of
the homes are proposed to be constructed in wooded areas, therefore, a tree
protection plan should be submitted with each proposed building permit.
ROADS
The proposed preliminary plat has two primary access points: The first one
is located off of County Road 72 (Zebulon Street) from the west and the
second involves the extension of Troy Street in the Fairhaven Hills
subdivision. Troy Street currently dead-ends in the Fairhaven Hills
Subdivision approximately 350 feet from the northern boundary of this plat,
however, platted right-of--way does exist to extend Troy Street to service his
plat. In fact, in 1987 when Fairhaven Hills was platted, Troy Street was
rough graded to the southern boundary of the Fairhaven Hills plat in an
effort to put the surrounding residents on notice that this street will function
s:planning:pc:-95-1
- as a through street. As a condition of this plat, Troy Street will be required
• to be extended through the Fairhaven Hills plat at the expense of the
developers.
Near the proposed 199th .Avenue/Zebulon Street intersection the road
alignment follows the current location of Mr. Mastley's driveway. The
proposed alignment of 199th Avenue is only 20' from an existing house
located in the exception along the western boundary of the plat, causing the
house to become non-conforming in terms of front yard setback. Staff is
proposing that 199th Avenue be shifted to the north approximately 15 feet so
that the existing home in this location meets the required 35 foot front yard
setback. This will require additional filling of wetlands which. will need to be
mitigated.
Proposed streets are extended to the boundaries of the plat to provide future
access to adjacent vacant properties. Attachment A shows how these roads
can tie in with surrounding vacant property to provide a logical extension for
future development.
COUNTY DITCHES
The preliminary plat shows the location of several branches of County Ditch
28 which run through this property. The ditch is an underground tiled
drainage system and is protected with a 60 foot wide easement area. A
permit will be required from the County to cross the ditch for road or
driveways. The developers have indicated that the ditch system is in need of
repair to fix .several broken the lines. County approval is required prior to
any maintenance on the County ditch system. Another issue related to the
County Ditch System is an existing detached garage which is currently
located within the ditch easement area on Lot 6, Block 4. Discussion should
take place with the County related to the location of the existing detached
garage. Possible options to address this issue include:
1. Remove or relocate the shed outside of the existing easement area or;
2. Stipulate to the property owner that if maintenance work needs to be
accomplished in the county ditch in that particular location, the shed
will need to be removed by the owner at their expense. Again, this
issue should be taken up with the County.
The developers will also have to work with the County Auditors office
regarding a redistribution of the ditch assessment onto the individual lots of
the plat. All the County ditch issues will need to be resolved prior to
• recording the plat.
SEPTIC SYSTEMS
As mentioned earlier, each lot is proposed to have an individual private
septic and well system. Staff is concerned that some of the proposed parcels
may not be able to support the location of two septic systems as required by
ordinance due to the numerous wetlands and county ditches on site. Staff is
also concerned that some of the proposed lots may not be able to support anv
type of septic system. Therefore, staff is proposing that the developer indicate
on the preliminary plat the location of two septic systems prior to the City
Council review of the preliminary plat. Soil borings may also be required for
the questionable lots prior to final plat approval in order to determine that
each parcel is buildable and can support a septic system.
PARK AND RECREATION COMMISSION RECOMMENDATION
At the April 12, 1995, Park and Recreation Commission meeting, the
Commission recommended no trails or sidewalks be constructed with this
plat and recommended a cash payment of $500.00 per lot for park dedication
purposes.
LOT SIZES
The subject site is zoned R1A, which requires a minimum lot size of 2.5 acres
and 160 feet of frontage on a city street. The proposed plat consists of 21 lots
which meet or exceed the minimum criteria. The lots range in size from 2.5
acres up to 16.7 acres. The majority of the lots are 2.5 to 2.7 acres in size.
DRAINAGE
Attached is a memorandum from City Engineer Terry Maurer regarding the
proposed drainage and road issues.
RECOMMENDATION
Staff recommends approval of the preliminary plat to subdivide
approximately 80 acres into 21 single family lots based on the following
conditions:
1. A development agreement be prepared outlining the terms and
conditions for plat approval and installation of improvements.
2. Comments outlined in the City Engineer's memo dated June 21,
1995, be addressed and incorporated into final plans for the
•, development.
3. A surface water management fee in the amount required by the City
at the time of final platting be paid prior to recording the plat.
4. Park dedication fees based on the per lot rate at the time of final plat
approval.
5. All of the appropriate permits to fill and mitigate wetlands be
approved prior to final plat approval
6. A tree preservation plan be submitted with each building permit
where homes are constructed in wooded areas.
7. An NPDES permit be obtained for the grading associated with the
development.
8. Proper erosion control be provided during construction.
9. The developer reimburse the City for costs associated with reviewing
this plat prior to final plat review by the City Council.
10. The developer provide the City with a letter of credit in the amount
required by the City to cover the costs of the improvements.
11. Upon completing all the improvements and having them accepted by
the City. A warranty bond in the amount of 25% of the improvement
cost shall be submitted with the City for a one year period.
12. 199th Avenue at the intersection with Zebulon Street be shifted 15
feet to the north to provide the existing home a 35 foot setback in this
location.
13. The developer work with the County regarding the ditch crossings,
maintenance and redistribution of the ditch assessment prior to
recording the plat.
14. Two septic locations must be shown on each parcel with proper
setbacks prior to preliminary plat approval by the City Council .
15. Soil borings be required on lots that are questionable for supporting a
septic system. This information must be submitted for review prior
to final plat approval.
16. Troy Street be extended through the Fairhaven Hills plat and
•'` upgraded to City standards at the developers expense.
s:planning:pc:-95-1
17. Street lights be installed as required by Elk River Utilities.
18. A driveway be improved with either a bituminous or concrete surface
from the edge of the street to ten feet within the property line.
•
LOCATION MAP
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June 21, 1995
File: 230-270-11
CONSLLTING ENGINEERS
1326 Energy Park Drive
St. Paul, MN 55108
612.644.4389
1-800-888-2923
fax: b12-644.9446
Mr. Gary Schmitz
Planning Assistant
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: WEATHERWOOD SUBDIVISION REVIEW
Dear Mr. Schmitz:
As requested, we have reviewed the submittal for the Weatherwood proposed plat. The
submittal consisted of a one sheet Grading and Drainage Plan signed by Ken Gus and James
Kyro. The plan was dated May 1995. Based on input from the concept review meeting held
on June 13, 1995, and the follow-up meeting with the Developers on June 16, 1995, we
would offer the following comments.
CIVIL ENGINEERINCr
ENVIRONMENTAL 1. The entrance road at the west end off of Zebulon Street causes the existing structures
+4UNICIPAL on the exception to the plat to not meet building setbacks. It is recommended that the
~NNING road alignment be pushed further to the north in order to provide adequate setback
souDw,asrE .distances for these existing structures.
STRUCTURAL
SURVEYING 2. Since this project is a rural subdivision, each lot should be able to support two septic
TRAFFIC systems. The idea behind this is if the original system fails, a new system cannot be
TRANSPORTATION built in that location; therefore, in order to upgrade a failed system a new site must
be provided. It is questionable whether all lots in this plat can support two on-site
ELECTRICAL/MECHANICAL
ENGINEERING:
septic systems in addition to a house pad. Some of the questionable lots would be
Flvac Lot 3 Block 3, which has a treatment pond, ditch easement, and wetland all included
POWER DISTRIBUTION within its boundaries. Another questionable lot would be Lot 6 Block 3, which has
SCADA a relatively steep hill which makes it difficult to build conventional on-site sewage
SYSTEM CONTROLS systems. We would recommend that the Developers show on each lot the locations
for the proposed on-site septic systems in addition to the building site. In many
cases, there will be some flexibility where these can be relocated in the future, but
on some of these severely restricted lots it is important to demonstrate the ability to
make the lot buildable prior to the plat being filed.
In follow-up to this, we would also recommend that the City require soil borings on
some of the lots which may be questionable relative to water table for the
construction of an on-site sewage system. The Building and Zoning Department
~FFicES iN:
.MINNEAPOLIS should be able to identify some typical lots in which the Developers could provide
soil boring information. This information would be valuable to the home builders in
PRIOR LAKE the future as long as the septic system is proposed to be built in relatively the same
ST. PAUL location as the soil boring.
WASECA
Mr. Gary Schmitz
June 21, 1995
Page Two
3. The plat does show a general storm drainage concept with catchbasins and small
diameter pipe at low points which convey runoff, in some cases, to treatment ponds
ultimately flowing to wetlands on the project site. Prior to final plat approval, the
Developers should submit a detailed storm drainage plan including calculations on the
treatment pond sizing and the total flow of runoff anticipated relative to the wetlands
where it is expected to be stored.
4. The typical street section shown on the plan is incorrect. It indicates a total street
width of 30 feet. The City requirement is 32 feet. This should be corrected to show
an additional foot of width on each side of centerline.
5. The west end of 199th Avenue and the south end of Troy Street need to be provided
with temporary cul-de-sacs for the turning of maintenance vehicles, school buses, and
other types of large vehicles. Also, Troy Street to the north will need to be
constructed beyond the plat boundaries to connect to existing Troy Street.
6. The preliminary plat should be revised to show drainage easements where appropriate
around wetlands, treatment pond locations, or any other areas that storm drainage is
expected to flow.
7. Given the size of this development, an NPDES permit will be required.
8. On Lot 6 Block 4, there is an easement shown for the County Ditch 28 system which
has some type of structure contained within it. If it can be clearly documented that
the County draintile falls in this location, the building should be removed from the
easement area. If it is unclear exactly where the draintile runs, perhaps it would be
reasonable to allow the building there until work needs to be done in this area.
However, if the building is not relocated, the owner should be put on notice that
there is the potential that this will be required in the future.
If you have any questions regarding any of these comments, please call.
Sincerely,
MSA, CONSULTING ENGINEERS
Terry J. Maurer, P.E.
• TJM: tw
230/270-2118.jun