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6.7. - 6.9. SR 05-21-2001City MEMORANDUM Item # 6.7 - 6.9 TO: FROM: DATE: Mayor and City Council Scott Harlicker, Senior Planne~ May 21, 2001 SUBJECT: Case No.'s ZC 01-02, P 01-03, and CU 01-07 Request by S & Z Investments for West Oaks Preliminary Plat Request Consider a request by S & Z Investments for the following: · Rezoning from Rlc (Single Family Residential) to PUD (Planned Unit Development) · Preliminary Plat for West Oaks (170 townhouse units) · Conditional Use permit for the site plan for the PUD Location The property is located south of Highway 10, west of Waco Street and north of Pinewood Golf Course. Zoning/Land Use Rlc (Single Family Residential) / MR (Medium Density Residential) Attachments · Location map · Preliminary plat · Development plans · Minutes from March 19~h City Council meeting · Memo from the City Engineer regarding drainage · Memo from City Engineer regarding traffic · Memo from Steve Rohlf regarding the Wetland Conservation Act Memo to Mayor & City Council]P 01-03 May 21, 2001 Page 2 · Staff report to Park and Recreation Commission · Letter from Big Lake Township · Letter from Thomas and Yvonne Randall · Letter from Paul Krause · Letter from Kelly and Beverly Barry · Ordinance No. 01- Overview O March 19 the Council heard prehmlnary comments from the developer and several residents regarding this project. Minutes from that meeting are included. The applicant had requested that this application be postponed so that they could address drainage issues that were raised by the City Engineer. The plans include 163 townhouses, a revised grading and drainage plan and a revised landscape plan. The number of units has been reduced from 170 to 163 as a result of the revised grading and drainage plan. S & Z Investments is proposing to develop 38 acres into a 163 unit townhouse PUD. The property is bounded by Pinewoods Golf Course on the south, Big Lake Township of the west undeveloped property to the north and Waco Street on the east. The site is a mix up open fields adjacent to the golf course on the south 1/5 of the site. The remaining area is a mix of wetlands and woodlands. Approximately 5 acres is wetland, about 3.3 acres is open area and the remaining 33 acres is woodlands. There are no existing structures on the property. The site is within the urban service area and will be connected to municipal water and sewer. The properties to the west are in Big Lake Township and are rural single family lots with wells and septic systems. The 10 acres to the north is currently vacant; however; the owner of the property has presented concept plans for a townhouse development. There are 2 single family lots and a fairway for Pinewood Golf Course to the south. There are also a 2 single family lots abutting the project on the east, one is a ~ acre lot the other is a 4.5 acre lot. The applicant is requesting the zone change to PUD because the city does not have a specific zoning district that can accommodate today's townhouse developments. The R3 and R4 zoning districts, which are the only districts that allow townhouse developments, are setup to address infill townhouse development, not the larger townhouse communities that are being proposed today. Density There are 163 lots proposed on 33 buildable acres. The density of the project is 4.9 units per buildable acre. If the 33 buildable acres were to be developed with 11,000 square foot lots, they would be able to plat about 130 lots. For comparison, Trott Brook Farm townhouses (1st and 2na Additions) have a density of about 6.4 units/acre and Trott Brook Farm 5th Addition (southeast corner of project) has a S:\PLANNING\SCOTTXP0103CC.DOC Memo to Mayor & City Council/P 01-03 May 21, 2001 Page 3 density of 5.3 units/acre. These density calculations exclude wetlands. The density for Country Crossing Townhomes is 5.8 units/acre. Layout Streets The streets will be a mix of public and private streets. The main streets through the project, 183rd Avenue and Waco Circle, will be public, as will the streets connecting to the property to the north. The public streets will be constructed to City standards. The smaller cul de sacs and dead-end drives will be private streets. The private streets are proposed to be 20 feet wide; on street parking will not be allowed on the private streets. The streets will be owned and maintained by the homeowners association. The city will not be responsible for maintenance, replacement or plowing of these streets. The private streets in the southwest corner of the project will end about 25 feet from the west boundary of the project. The main access into the project is from Waco Street. 183rd Avenue will be extended through the site to connect Waco Street with 183~d Avenue in Big Lake Township. Attached is a letter from Big Lake Township in which they request that 183rd Avenue be connected with 18Yd Avenue in Big Lake Township. A loop road will go through the center of the site. Smaller streets will provide access to a majority of the units. All the streets will have concrete curb and gutter. There will be shared drives on most units to limit the number of curb cuts. A six foot wide bituminous trail is proposed along the north side of 183r~ Street and the outside of Waco Circle. Access will be provided to the undeveloped property to the north. Lots Most of the lots are located with access from private streets. The units will be a mix of single family and multi-family townhomes. The units on the southern quarter of the site will be the one story, single family units with basements. The remainder of the units will be two-story multi-family, two-story single family and one story single family. Two car garages are proposed and there will be space for 2 cars in the driveway. The townhouses along the west boundary of the project are setback between 25' and 30' from the west property line. Typical side yard setbacks for Rlc single family district are 10' for the house and 5' for the garage. Most of the open space consists of wetlands. Open space is also provided along the perimeter of the wetlands and behind the units. There is also open space in the middle of the loop that will be available for active recreation. S:\PLANNING\SCOTTXP0103CC.DOC Memo to Mayor & City Council/P 01-03 May 21, 2001 Page 4 Natural Features Wetlands There are about 5 acres of wetlands on the site. They are linear and run diagonally across the northeast corner and across the central portion of the site. Some filling of the wetlands will be required for road construction. The applicant has met with the Technical Panel on wetland mitigation. Their report is attached. The wetlands will provide a nice amenity for the site and will provide open space behind and between many of the units. Tree Preservation Most of the site is wooded. Since most of the site is proposed to be graded, most of the trees will be removed. Trees will be preserved in the wetlands and some areas around the perimeter of the project. Some tree masses will be preserved in the center of the loop and adjacent to some of the wetlands. Some grading is proposed very close to the property lines. The drip lines of the trees on the neighboring properties will have to be fenced with snow fence, along with the trees to be preserved on site, prior to clearing or grading commencing. Grading. Drainage, Utilities and Traffic These issues are addressed in the City Engineer's memos. Park and Recreation The Park and Recreation Commission recommendation included the following: · The open space inside the loop be enlarged by eliminating 8 single family units. · Construction of a playground of the developer's choice. · Cash dedication to the city for 163 units. The staff report to the Park and Recreation Commission is attached. Landscaping The landscape plan does not comply with the number of trees required per the landscape ordinance. Conifers are proposed along the south side of 183rd Avenue and along the golf course. Some are also planted as a buffer along the eastern edge of the project. Overstory trees are also proposed along the streets. Additional screening should be provided along the west boundary of the project and along Waco Street. Additional street tree should also be provided along the cul de sac in the northwest corner of the project and along the public street connecting the property to the north. A revised and more detailed landscape plan will be provided. Development Sign S:\PLANNINGXSCOTT\P0103CC.DOC Memo to Mayor & City Council/P 01-03 May 21, 2001 Page 5 A development sign is proposed at the southwest corner of the intersection of 183rd Avenue and Waco Street. The sign should be outside any drainage/utility easements and maintained by the homeowners association. Phasing The developer is looking at constructing this project in 3 phases. The first phase would be the single family units in the southern portion of the site. The second phase would include the units in the middle of the site and the third phase would be the units in the northern part of the site. He is initially anticipating a 4 to 5 year time period to complete the project. Planning Commission Meeting At the Planning Commission meeting held on February 27~h, Kelly Berry, Tom Warner and Tom Randall all from Big Lake Township spoke and noted the following concerns: Impact on wetlands- they were concerned that this project would either drain or flood the wetlands on their properties. Cutting down trees- they did not want the trees to be cut down. · Impact on wildlife habitat- they felt development would decrease wildlife habitat. · Trespassing- they felt that development of this property would increase the number of people trespassing on their properties. · They felt that the project was too dense- they did not explain what they felt was an appropriate density. · They did not want 183ra connected. Two residents from Elk River also spoke at the public hearing. Marly Glines, representing the property owners of the 10 acres north of this project, spoke in favor of the project and would like to see the proposed connection through this project constructed in a timely manner. Bruce Anderson, resident of Pinewood subdivision, expressed concerns about the impact the golf course might have on this project. Also in your packet are three letters, one from Thomas and Yvonne Randall, 14507 183ra Avenue, Big Lake Township, one from Kelly and Beverly Barry, 14415 183ra Ave. Big Lake Township and one from Paul Krause, owner of Pinewood Golf Course. The Randall's have concerns about the project's density, the impact on the wetlands, the impact on their property value and compatibility with existing development. The Barry's have concerns about impact on the wetlands, traffic, tree removal and would like the buffer increased along the west property line of the project. Paul Krause had concerns regarding people trespassing on to the golf course and golf balls hitting the new townhomes. The developer will be installing a white vinyl split rail fence along the joint property line and the issue of golf balls hitting the townhouses will be included in the covenants and the homeowner association documents. S:\PLANNINGXSCOTT\P0 ] 03CC.DOC Memo to Mayor & City CounciUP 01-03 May 21, 2001 Page 6 The Planning Commission felt that additional buffering along the west property line would be appropriate. They also thought additional information should be provided to address the concerns raised about drainage and the impact on the wetlands. The developer has been doing additional surveying and drainage calculations to address the issues of flooding and impact on the wetlands. This information will be available at Monday nights meeting. Recommendation The Planning Commission and staff recommend approval of Ordinance No. 01- approving the proposed zone change from Rlc (Single Family Residential) to PUD (Planned Unit Development) with the following findings: 1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN. 2. THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT USES. 3. THE REZONING TO PUD WILL ALLOW FLEXIBILITY OF DESIGN AND HOUSING TYPES TO BETTER MEET THE NEEDS OF THE RESIDENTS. The Planning Commission (5-2 vote) and staff recommend approval of the preliminary plat and the conditional use permit for West Oaks with the following conditions: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL. 2. THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. o SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. CONSTRUCTION OF A PLAYGROUND, DESIGN TO BE AGREED TO BY BOTH THE DEVELOPER AND THE CITY. PARK AND RECREATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 7. THE ANY STREET CONNECTING TO ADJACENT PROPERTIES SHALL BE A PUBLIC STREET. LANDSCAPE PLAN SHALL BE PROVIDED THAT COMPLIES WITH THE LANDSCAPE ORDINANCE. THE PLAN SHALL INCLUDE ADDITIONAL SCREENING ALONG THE WEST BOUNDARY OF THE PLAT AND ALONG WACO STREET, ADDITIONAL STREET TREES ALONG THE PUBLIC STREET CONNECTING THE PROPERTY TO THE NORTH AND THE PRIVATE CUL DE SAC IN THE NORTHWEST CORNER. S:\PLANNINGXSCOTT\P0103CC.DOC Memo to Mayor & City Council/P 01-03 May 21, 2001 Page 7 9. ON STREET PARKING SHALL BE REVIEWED AND APPROVED BY THE FIRE CHIEF. 10. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 11. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 12. 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. 13. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 17. ALL MAILBOXES BE CLUSTERED. 18. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 23. 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 GRADING COMMENCING. 24. A WHITE VINYL SPLIT RAIL FENCE SHALL BE INSTALLED ALONG THE COMMON PROPERTY LINE BETWEEN THIS PROJECT AND PINEWOOD GOLF COURSE. 25. THE ISSUE OF GOLF BALLS HITTING THE HOMES SHALL BE INCLUDED IN THE COVENANTS AND HOMEOWNER ASSOCIATION DOCUMENTS. THE FOLLOWING CONDITIONS RELATING TO WETLAND MITIGATION SHOULD ALSO BE INCLUDED: 1. A RESTRICTIVE COVENANT AND DRAINAGE AN UTILITY EASEMENT BE RECORDED ON THE MITIGATION AND BUFFER AREAS. e THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. 3. THE LETTER OF CREDIT ALSO INCLUDE THE COST OF THE MITIGATION WORK. S:\PLANNING\SCOTT\P0103CC.DOC Memo to Mayor & City Council/P 01-03 May 21, 2001 Page 8 4. 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 THE CITY STAFF PRIOR TO THE RELEASE OF THE LETTER OF CREDIT THE PLANS AND HYDROLIC CALCULATIONS BE SUBMITI'ED PRIOR TO FINAL PLAT THAT ADDRESS THE ISSUE OF FLOODING ADJACENT PROPERTIES TO THE SATISFACTION OF THE CITY ENGINEER. THE BUFFER STRIPS ADJACENT TO WETLANDS IN THE PLAT THAT ARE PROPOSED TO BE USED AS PUBLIC VALUE CREDIT ARE CLEARLY IDENTIFIED ON THE PLANS PRIOR TO FINAL PLAT. 7. THE FINAL GRADING PLANS INDICATES THAT DIGGING IN ANY WETLAND WILL STOP SHORT OF PENETRATING THE BARRIER LAYER OF THE WETLAND. S:\PLANNING\SCOTT\P0103CC.DOC ORONO City of 13065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 LOCATION MAP N CAsE:S (~ Z Enterprises City Council Minutes Page lO March 19, 2001 6.7. Request by S&Z Enterprises for Rezoninq from R1C to PUD, Public Hearinq - Case No. ZC 01-02 6.8. Request by S&Z Enterprises for Preliminary Plat (West Oaks) for 178 Townhouse Units, Public Hearinq, Case No. P01-03 6.9. Request by S&Z Enterprises for Conditional Use Permit for Site Plan of Townhouse Development IWest Oaks), Public Hearin.q[ Case No. CU 01-07 Mayor Klinzing noted that the applicant has requested that to postpone these items until April 9, 2001. Mayor Klinzing further stated that she would allow staff and the developer to make a short presentation and then take public comment, but would not close the public hearing. George Sanford, S&Z Construction gave a brief description of the proposed development of the area. Scott Harlicker also commented on. the proposal. Mayor Klinzing opened the public hearing. Kelly Barry, 1441-5 183'd Avenue NW, stated that he owns 1,700 feet of property along the western boundary of the proposed plat. He expressed his.concerns regarding disturbing the wetland, reduced wildlife, clear-cutting of trees, the density of the development, and traffic. Leslie Johnson, 18285 Yankton St. NW, indicated that the proposed plat borders her property. Ms. Johnson indicated her concern with the possibility of the townhomes not maintaining their value, the probability of sewer and water coming to her property, and the financial impact the property will have on her home daycare business as she will be required to put up a fence due to the development. Tim Sladek, 11448 190 1/2 Lane, Park and Recreation Representative, indicated that the Park and Recreation Commission requested that 8 units south of the loop road be removed for the purpose of park space. There were no further comments from the public. Mayor Klinzing noted that the public hearing would remain open until the April 9th meeting. COUNCILMEMBER KUESTER MOVED TO POSTPONE THIS ISSUE TO THE APRIL 9, 2001, COUNCIL MEETING. COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10. Request by Scott Powell for Rezoninq from C3 to PUD, Public Hearin~, ZC 01-04 6.1 I. Request by Scott Powell for Land Use Amendment from HB (Hiqhway Business) to HB and MR (Medium Density Residential), Public Hearinq - Case No. LU 01-03 6.12. Request by Scott Powell for Preliminary Plat Approval (Mississippi Rid.qe), Public Hearin.q - Case No. P 01-06 6.13. Request by Scott Powell for Conditional Use Permit for Site Plan of Mississippi Rid.qe, Public Hearinq, Case No. CU 01-09 Howard R, Green Company CONSULTING ENGINEERS May 16, 2001 File: 812970J-0240 CONISULTI~IG Consulting Engineers Mr. Scott Harlicker Senior Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330-0490 RE: WEST OAKS DEVELOPMENT DRAINAGE CALCULATIONS Dear Mr. Harlicker: As you are aware, we have been working with the developer's engineer for the West Oaks Subdivision regarding the drainage calculations. At the hearing before the Planning Commission, numerous concerns were raised by the residents in Big Lake Township to the west of this proposed development regarding potential flooding if too much water was discharged to the natural flow, or draining of pond areas that the residents have developed in their rear yards if too much excavation was allowed in the natural flowage. We believe the drainage calculations that have now been submitted eliminate these concerns while also substantially meeting the City drainage requirements. We do have a few comments which are as follows: 1. There are two large detention ponds proposed. Both are located in the center looped road area, one below the existing wetland and one above. These two ponds provide enough storage to hold the 100-year storm from the full development of this subdivision while only discharging to the wetland at the predevelopment rate. The one thing lacking in these two ponds is neither of them appear to have sufficient storage for quality control. The ponds need to be redesigned slightly-to meet NURP standards for quality control of the runoff. 2. The proposed drainage plan includes replacing the existing 15-inch culvert under the old Waco Street alignment. It appears that the culvert will be replaced at the same elevation and with the same size pipe so there will be no significant change in the natural flow. 3. The calculations indicate that the 100-year high water level in the two ponds will provide for at least two feet of freeboard to the adjacent structures. 4. There appears to be a minimal amount of grading in the existing wetlands. These are Type 2 wetlands and excavation in them is allowed. However, draining them is prohibited. The developer has previously submitted hand augers which indicate where the confining layer is located. In our review of the final grading plan for this development, we will ensure that the excavation in the existing wetlands does not break through the confining area, therefore not allowing the wetlands to be drained. This will ensure that there is no adverse effect upstream relative to the draining of ponds located in the existing home rear yards. C:\windows\TEMP\Ltr 05-16-01 Harlicker.doc 1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 800/888-2923 Mr. Scott Harlicker May 16, 2001 Page Two At this point in time, we would suggest that the preliminary plat can be approved based on the storm drainage calculations, understanding that minor modifications to the design and grading plan will be necessary before final approval of the drainage calculations is received. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. TJM:tw C:\windows\TEMP\Ltr 05-16-01 Harlicker.doc Howard R. Green Oompany QONSULTING ENGINEERS File: 812970J-0240 CO~S[]]~T]NG E~G[NEERS Formerly MSA Con~ultin~ ~Lnoin~r~ Mr. Scott Harlicker Senior Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330-0490 RE: WEST OAKS ADDITION Dear Mr. Harlicker: In my February 21, 2001, correspondence, I indicated that with the amount of traffic to be generated by the West Oaks Addition, it would be reasonable to consider having this development pay its fair share for the expansion of Waco Street. Since the date of that memo, I have done further research and analysis on this issue. In 1999, the traffic count on Waco Street was 650 vehicles per day. According to the Institute of Traffic Engineer's Trip Generation Manual 6th Addition, owner-occupied townhomes generate on average 5.8 trips per day. With approximately 163 townhome units proposed for the West Oaks Addition, the total traffic generated will be just under 950 trips per day when fully built out. It is reasonable to assume that the vast majority of these trips will use Waco Street to access and exit the development area. That means that the West Oaks Addition can be expected to increase traffic on Waco Street from the 1999 levels by approximately 150%. The most recent examples in the City of developments participating in the cost of upgrading the street primarily used to access the development are Rolling Hills in the northeast corner of the City and Ridges of Rice Lake in the north-central area of the City. Both of these are single-family cluster developments. In the case of Rolling Hills, the Developer contributed $1,000 per lot toward the paving of Jarvis Street. In the case of Ridges of Rice Lake, the amount contributed toward the paving of 221st Avenue is anticipated to be close to $1,200 per unit. Since a townhouse unit generates approximately 75% of the traffic generated from a single-family home, we would recommend that the West Oaks Addition contribute $750 per unit toward the cost of the recent reconstruction of Waco Street. If there are 163 units in the development, the total contribution would be $122,250. If you have any questions regarding this information, please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. TJM:tw C:\windows\TEMP\Ltr 04-05-01 Harlicker.doc 1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 800/888-2923 PAver 13065 Orono Parkway Elk River, MN 55330 TO: FROM: Memorandum MAYOR AND CITY COUNCIL STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR -5~/~ DATE: MAY 21, 2000 SUBJECT: WETLAND CONSERVATION ACT DECISION - WEST OAKS WCA 01 - 2 S & Z Investments, Inc. is proposing to fill wetland in three areas to accommodate roads for the plat of West Oaks of the following sizes: 5,219 square feet of a Type 6 wetland, 4,184 square feet ora Type 2 wetland and 4,693 square feet of a Type 6 wetland for a total of 14,096 square feet. A 2 to 1 ratio is required for the replacement of these wetlands. S & Z Investments is proposing to replace the filled wetlands with 15,000 square feet of buffer area adjacent to wetlands in the plat and creating three areas of Type 2 wetland, also within the plat, of the following sizes: 6,229 square feet, 4,233 square feet and 6,229 square feet. The three created wetlands total 19,648 square feet in size. The attached map shows the wetland areas that are proposed to be filled and the replacement wetland areas. Although their locations and sizes have been review and agree to, the attached map does not show the buffer areas proposed to be used as public value credit. FINDINGS Eco Systems Engineering prepared a Wetland Delineation Report for the property, dated 10/22/96 and the wetlands were re-staked by Eagle Soil Services, Inc. on April 27, 2000. The Technical Evaluation Panel reviewed this issue on February 22, 2001. Combined notification of the proposed filling and replacement plan was mailed out to the appropriate governmental agencies on March 16, 2001. The comment period ended April 15,2001. No negative comments were received by the city on the proposed wetland plan from the mailed notice. However, staff did receive comments from Yvonne and Tom Randall regarding the effects the proposed project will have on wetlands in the area. Their concerns are that blocking the flow through wetland in the plat will cause flooding to upstream property owner or that digging into the wetlands below the barrier layer will drain them. Phone: 763.441.7420 Fax: 763.441.7425 www. ci.elk-river, mn.us The Technical Evaluation Panel found the proposed wetland filling and wetland mitigation plan application dated, 3/15/01, was acceptable under the rules of the Wetland Conservation Act with the stipulations listed below. 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. 3. That the letter of credit, which covers the public improvements associated with the project, also includes the cost of the mitigation work. 4. 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. Se That plans and hydraulic calculations are submitted prior to final plat that address the issue of flooding adjacent properties to the satisfaction of the City Engineer. 6. That the buffer strips adjacent to wetlands in the plat that are proposed to used as Public Value Credit are clearly identified on plans prior to final plat. 7. That the final grading plan indicates that digging in any wetlands will stop short of penetrating the barrier layer of the wetland. TO: FROM: DATE: SUBJECT: Item #9.B.2. MEMORANDUM Park and Recreati~/,~/.mmission Michele McPhersoYt~l:)irector of Planning February 14, 2001 Park Dedication - West Oaks Preliminary Plat Request P 01-03 Request The Commission is requested to determine park dedication requirements for the preliminary Plat of West Oaks. Attachrnents · Location map · Map of draft Master Park Plan · Proposed Park Layout · Preliminary plat Analysis The preliminary plat of West Oaks is located on approximately 38.18 acres of land located west of Waco Street and north of Pinewood Golf Course. Since the Commission's early review of the concept plan, the preliminary plat has changed by reducing the total number of units from 198 to approximately 178. The proposal includes an increase in the number of single-family detached units and a reduction in the multiple family attached uni(s. The overall density of this proposal is 5.8 units per acre net (not including areas of wetlands). In its early concept review, the Park' and Recreation Commission indicated that cash dedication was preferable. Fi'swever, after further consideration staff proposes that. the Commission consider a split dedication or recommend that the developer provide a recreational opportunity for residents within the proposed subdivision. This would allow for the construction of a small playground area, an open playfield for "pick-up" games, and creation of a gathering space within the center of the development. Staff believes that this can be accomplished with a 2/3-acre. (approximately) park area located 'in the center of the development (see proposed park layout). Staff-recommends this due to the fact that the nearest 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone (763) 441-7420 · Fax (763~ Memo ta Park & Recreation Ccmmisaian February 14, 2001 P~ge 2 park is Country Crossing 3, which is in excess of 1.25 miles from this subdivfsion. This would require any child Iiving in the subdivision to cross Waco Street in order to access recreational opportunities. Requiring land dedication within the Elk Path Business Park is counter- ' productive to the City's goal of providing additional industrial tax base and job. creation opportunities. Recommendation Staff recommends that the Commission consider one of the following three options for cash dedication: 1. Cash: $216,660 (178 units X $1470). 2. Split: 213 acre plus cash 3. Land: 3.8 acres If option one is selected, staff recommends that the Commission recommend that the developer create a 2/3 acre park area and install a playground structure as noted on the proposed park layout. S:~PLANNING\MICHMC\PARKNREC~WESTOAKS.DOC TOWN of BIG LAKE "Sherburne County's First 5-Mem. ber Township Board" P.O. Box 75, Big Lake, Minnesota 553(i)9 Phone (6t2) 263-8111 · Fax (612) 263-3660 January 29, 2001 To: Elk River City Council Elk River Planning Commission City of Elk River City-Hall Administrative Offices 13065 Orono Parkway Elk River, MN 55330 Proposed Plat 'of West Oaks NWl/4 of SW1/4 Section 31 Township 33 Range 26 In 1993, during the plat approval of Royal Oak Estates in Big Lake Township (which is north and west of the Pinewood Plat), our Board required the developer to provide for emergency access to the plat from Waco Street to our 183rd Avenue. We also had recorded a "Declaration of Covenant to Build Road" which provided that when the property was platted there would be a permanent road connection between 183rd Avenue and Waco Street. Our Board re-addressed this issue at our January 24th meeting and affirmed that we still desire the connection. We believe this to be a public safety benefit and xve hope that you will concur and approve such a connection. Thank you for your consideration. If you have any questions, you may contact me through the town office. For the Board, Ken Warneke Town Road Committee cc: S & Z Investments Thomasand YvolmeRandall 14507 183~Ave ElkRiver, MN 55330 Mayor Klinzing and City Counsel Members: This letter is in regard to the requested zone change for the proposed West Oaks subdivision from its current status of "residential" to "high density" housing Tile 38 acres in question is heavily wooded with large wetland areas. In order to acconmlodate the 178 units proposed, the developer plans to clear-cut the trees except for afew "token" patches. The developer also plans to dredge out file wetland to create drainage ditches or holding ponds to contain natural water flow through the arm A small tot lot [less than one acre] near the center of the development serves as the only recreation area for file many families involved. As residents of the adjoining development, Royal Oaks Estates, we have concerns we hope the City of Elk River will consider and address before giving the go-ahead to this project: Wetlands-If drainage is blocked; those of us west of the development are likely to experience serious flooding If the property is drained aggressively, my husband and I may see the large wild life ponds we created [at great expense] dry up. Either way, this alters or destroys a great deal of wildlife habitat. Elk River's Building and Environmental Administrator, Steve Roll, has a conflict of interest in this matter as his relative is planning a "high density" community on property adjacent to West Oaks. We feel he should not be making recommendations regarding this proposal. Green space-While there is designated green space on the plans, I have to ask, is it usable? Anyone familiar with this piece of property knows these green areas are very low and very wet most of the time. Certainly they will not be usable by residents for any outside activities. Adjoining property-Lots surrounding the property in question range fxom 21/2 to 5 acres[some much larger] with homes selling in the $300,000 bracket The average home in the West Oaks development appears to be much less than $200,000 with no "lot" to speak of. While West Oaks may make a nice "residential" area, it is not suited for the high density development as propose, c[ No consideration was given to the adjoining landowners in that the make up of the new community will be so inconsistent with the existing lot sizes and home values. Even a buffer zone along the west border would have been appreciatect A more conservative approach to building would allow for the conservation of the wetlands and timber instead of turning the west entrance of Elk River hato an urban eyesore. Mar 10 O1 03:19p Paul Krause ($12) 435-5?52 March !0, 2001 Elk River City Council C/O Scott Har!icker Senior Planner 13065 Orono Parkway Elk River, M_N 55330 RE: West Oaks Housing Development To Whom it may Concern: I have owned Pinewood Golf Course for 18 years and throughout this time I have had a very good relationship with the neighbors of Pinewood and the City of Elk River. My concerns are with the "West Oaks Housing Development," which is inunediately to the north of my golf course. Proposed homes that back up to the golf course are going to get hit by an occasional golf ball. The lay out of these homes are very close to our northern boundry. People buying these homes should be aware that golf balls hitting their homes is a possibility. I can foresee that Pinewood Golf Course will have seurity problems on that side of the course because of these homes. My concern is that people will just "walk on" to the golf course without paying green fees and not starting their golf game at the first tee. I feel there should be fencing between the house project and the course. It is my feeling that the homes that overlook the golf course in the "West Oaks Development" are premiuun lots caused by the fact they are essentially on the golf course. Therefore, I think the developer should construct a fence between his project and Pinewood Golf Course. Hopefully these concerns will be registered with the planning of "Wes~ Oaks Development." S~ere~ Owner of Pinewood Golf Course Kelly and Beverly Barry 14415 183rd Avenue Elk River, Mn 55330 Mayor Klinzing and City Counsel Members: This letter is in regards to the requested zone change for the proposed West Oaks development from the current status of Residential high density housing. The West Oaks development is planned in a large wetland and heavily wooded area. developer plans to clear-cut the woods and plans to dredge out the wetlands to create drainage ditches and holding ponds to contain the natural water flow. The As residents of Royal Oaks Estates we have many concerns, we hope the Elk River City Counsel will consider and address before voting to approve this project. The proposed West Oaks development is on 38 acres adjoining our property. We have 1,225.5 feet of property line to the west of West Oaks. Which is the entire east property line of the West Oaks development. My wife and I chose this area to avoid building on a city lot. We paid a premium price for this particular lot. We had no idea that a development of this kind could have been a possibility because of the large wetland area. We are concerned the planned dredging will affect the natural water flow through our property. We do not believe the transition from our property to West Oaks is adequate to ensure the current water level and wildlife habitat are maintained. The developer plans to install straw bales anchored to ground by a couple of stakes. We know how ineffective this is when used to reduce soil erosion by road construction companies. We request the developer install a more permanent solution. Also consider that the construction is planned to be complete in 5 years with no guarantee. We request that a larger buffer zone between our property and West Oaks. The developer has three roads planned that come with in a few feet to our property line. We also oppose the road which is directed towards our home. We do not wish to have car headlights shining into my home. We also have concerns about the possibility of a cars going off the road and onto our property. This buffer zone should have a large number of trees installed of a substantial size. Please do not accept a few 4-foot twigs that will take 20 years to act as any real buffer zone. We would like to have a fence constructed on the West Oaks property and maintained by West Oaks. With the additional residents the added traffic will be increased considerably. Royal Oaks has 9 homes with about two cars to a home. Multiply by two the 178 units that are being proposed and that is an increase of 2000%. We request that 183rd Avenue not be connected to West Oaks. We also request a traffic study be done by unbiased party to determined an effective road system for safety reasons. With the clear-cutting of trees on the 38 acres will cause more road noise from Highway 10. The clear-cutting will result in soil erosion and impact the natural beauty of the area. We request that any cutting of trees be kept to minimum. Should any cutting of trees occur that no burning on site would be permitted. Also note the clear-cutting will leave trees on our property vulnerable to wind damage from the west. Which is the direction most severe weather tends to come from. We would like to review the covenants of West Oaks with a chance to comment about any concerns that may arise. In closing, please give the environment sincere consideration. There will be lost wildlife habitat for many various animals. The new residents will only be 1 or 2 feet above the holding ponds level and have a small green area. Our property value will decrease significantly. We know the only winner here is the developer. In conclusion we would be more inclined to accept housing that is similar construction and lot size of the current residence in the area. Thank you Kelly and Beverly Barry ORDINANCE 01 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES FROM R1C (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) CASE NO. ZC 01- 02 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the properties described as: See Attached Exhibit A Section 2. The rezoning is being approved based on the following findings: 1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN. 2. THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT USES. 3. THE REZONING TO PUD WILL ALLOW FLEXIBILITY OF DESIGN AND HOUSING TYPES TO BE'rrER MEET THE NEEDS OF RESIDENTS. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 21st day of May, 2001, by the City Council of the City of Elk River. ATTEST: Stephanie A. Klinzing, Mayor Sandra A. Peine, City Clerk S:\PLANNING\ORDINANC\ZC01-02.DOC F~HIBIT A The Northwest Quarter of the Southwest Quarter of Section 31, Township 33, Range 26, EXCEPT the following tracts: The East 500 feet of the North 400 feet of the Northwest Quarter of the Southwest Quarter of Section 31, Township 33, Range 26; AND Beginning at the Southeast corner of said West Half of the Southwest Quarter of said Section; thence North on the East line of said West Half of the Southwest Quarter, 1591.10 feet to the point of beginning of the tract to be described; thence West of a deflection angle to the left of 90 degrees 40 minutes, a distance of 183 feet; thence North and parallel to the East line of said West Half of the Southwest Quarter a distance of 150 feet; thence East 183 feet to the point on the East line of said West Half of the Southwest Quarter, 150 feet North of the place of beginning, thence South on the East line of said West Half of the Southwest Quarter, 150 feet to the point of beginning, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. S:\PLANNING\ORDINANC\ZC01-02.DOC WEST OAKS CITY OF ELK RIVER S&Z INVESTMENTS, INC. GRADING, EROSION CONTROL, STORM, SANITARY SEWER, MITIGATION, LANDSCAP AND STREET IMPROVEMENTS SHERBURNE COUNTY, MN TITLE AND INDEX SHEET PRELIMINARY PLAT GRADING, DRAINAGE AND WETLAND MITIGATION PLAN 3 UTILITY PLAN 4 LANDSCAPE PLAN 5 DETAILS 6 Pr°je~otn Section 31, Township 33, Ronge 26 VICINITY MAP Z Ctly of Elk River ~~ MN SCALE: 1' = 50' LEGEND ___JIL .... ~_ T II / 14.400 sf / / 1I PRELIMINARY PI~.,. T WES T 0/I N JI \ r'~ ,' / , / // / /" / . / / / i ..'-' / / / Z X SCALE: 1' LEGEND / / / / ./ II x 7/ xx Jl X I/>~:// ? / / .' / ' / / / ,// / / \!/ ,/ Z . Z 'b./Z ~oo ONZZ SCALE: 1' = 50' LEGEND II / $/ / / / 11 s II ~/~ o! ~lk River , $flerburne C,o~, // '% / / // II ;/ Z SCALE: 1' = 50' LEGEND // / City of Elk River Sherburne Counb4, 7/ I ,' i ,,,'~.1 I / / / / /¥/I MN / Z o o N~ PRO~y IqSTALLE~ STRAW T~PtC~ WA~ LAYO~JT L..-J / / ,OS = .L / / / ~' ,, ,:~ ~lt~r' ........ -~-- --- -~.~2 ....... ~ ..... ~~ ..... ~ Om -- · ~, ~' ~ ~'-- .... -~' ~- /:<' Vii/ ,'.~ / ?'/ ~x . ,,, . / : I / ~. ~ p= i, . ~', ~ ~'~ - ~ ~ ~:',, I ~ ' ' ~ ............ -"~ / ~ l/l/lit /~/// ~ ,, / ' / [ ' ~ ~ ~ - ,. '. /////// ~.~ ~, / 8~8.78' \0-~® ~ 89~.~ .¥ Proposed Park Lavout Customer: Diane McGarthwaite Property: 18829 Albany St NW Elk River, MN (Westwood Addn, Block 9, Lot 9) The homeowner hooked up to city sewer in April 1994. The first hint of trouble began Christmas Eve day 1996 when the sewer backed up into the basement. Minneagasco was called to f'LX the problem as part of their "Service Protection" program. They were unable to clear the line due to some obstruction or structural damage to the line confing from the street. They brought a TV camera the next day to show the homeowner that there actually was physical damage to the pipe near the property line. The property owner was advised that a repair was necessary and to call the installing contractor, Big Jon's Construction. Big Jon's Construction excavated and could find nothing wrong with the line coming from the house to the property line. It's unknown how much of the line to the main was examined, but he indicated to the homeowner that Minnegasco must be wrong about the obstruction because he couldn't find anything wrong and waste was flowing again. He did install a third cleanout 19 feet back from the curb. At that point, the line is 7 feet below the surface. The homeowner believes structural damage to the line may have occurred when the underground electrical was installed because there is a transformer just a few feet from where the break appeared to be located. The homeowner tried to seek restitution from Minnegasco for Big ,Ion's excavating bill because they appeared to be mistaken about the structural damage to the line. Instead, on Feb 12, 1997, Minnegasco brought TV camera and video taped the damage. It's very apparent there is physical damage consisting of cracks and a portion of the plastic pipe missing---you can see the rocks about ready to fall into the line and cause another blockage. This break appears to be on the city installed portion of the line about 6 to 7 feet in from the curb. As of April 29, 2001, the line is blocked again and Minnegasco refuses to intercede. Elk River Utilities indicates it's not their problem, and the Elk River Sewer Department indicates it's up to the homeowner to fix it even if it was originally installed by the City of Elk River. This seems unfair in light of the short time the line worked as intended. Elk River City Engineer was advised of the problem and the homeowner still waits for his decision more than two weeks later. Someone needs to "own up" to fixing this continuing problem. The homeowner paid over $12,000 for city sewer and has every right to assume it was built to last more than 2.75 years. The homeowner does not have another $3,000 to f'LX the sewer line. These costs may seem high to repair a sewer line, but according to Big ,Ion, the site needs to be dewatered, and there will probably need to be curb and street repairs if the break is located further out than where he excavated previously. Someone please take the responsibility to fix the problem for this homeowner.