HomeMy WebLinkAbout5.A.1. Extension Request for Final Plat of South Parkview 5th Addition Consent Business 5. A. 1.
SHAKOPEI
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner I1
DATE: 04/16/2013
SUBJECT: Extension Request for Final Plat of South Parkview 5th Addition (B)
Action Sought
Grant an extension for South Parkview 5th Addition
Introduction and Discussion
The City has received a request from Patrick Link, Link Construction Inc., to extend the approval of the Final Plat
of South Parkview 5th Addition (see attached exhibits for site location and correspondence).
Section 12.10, Subd. 2 of the City Code states that "upon request by the developer, the City Council may extend the
approval period for a preliminary or final plat, subject to all applicable performance conditions and requirements.
A request for an extension must be filed on or before the expiration date of the preliminary or final plat."
The final plat was originally approved on April 19, 2005, and was granted a two year extension on April 5, 2007.
Due to a number of unforeseen matters, the applicant requested several two -year extensions be granted from that
time, which were approved. Once again, due to unforeseen economic matters, the applicant is not prepared to
proceed with the recording of the plat within the allotted two year time frame (expiring on April 19, 2013);
therefore, they have requested an extension to April 19, 2015 be granted. The applicant has not proposed any
changes to the approved plat, and has been working diligently with the City on the completion of this plat; it's just
that the necessary work will not be completed prior to April 19th.
Alternatives
1. Extend the approval period for the final plat of South Parkview 5th Addition to April 19, 2015.
2. Extend the approval period for the final plat of South Parkview 5th Addition by another amount of time.
3. Do not extend the approval period for the final plat of South Parkview 5th Addition.
4. Table a decision and request additional information from staff and/or the developer.
Staff Recommendation
Staff recommends the extension of the approval period of the final plat for South Parkview 5th Addition to April
19, 2015 (Alternative No. 1).
Action Requested
Offer a motion to extend the approval period of the final plat of South Parkview 5th Addition to April 19, 2015.
Mark Noble
Attachments: applicant request
approved plat resolution
plat drawing
ink Construction Inc.
12756 N. Shannon Dr.
Shakopee, MN 55379
Ph. (952) 496 -2038
Cel. (612)280 -3220
April 1, 2013
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379
Regarding: Extension on Plat Resolution No. 6219
Dear Planning and Zoning Dept.
In regards to an approved final plat of South Parkview 5 Addition we at Link
Construction Inc. would like to ask for a two year extension of that plat. The plat
will be coming due. April 19, 2013.
Please forward this request to anyone in regards to taking action to this matter.
We appreciate your response back to us. Please contact Pat Link at the above eel.
number.
Sincerely,
Patrick Link
Link Construction Inc.
RESOLUTION NO. 6219
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE
FINAL PLAT OF SOUTH PARKVIEW 5 ADDITION
WHEREAS, Cletus Link, applicant and property owner, has made application. for Final Plat
approval of SOUTH PARKVIEW 5 ADDITION; and
al— lit°
WHEREAS, the subject property is legally described as follows:
Outlot D, SOUTHPARKVIEW 1st ADDITION, Scott County, Minnesota; together with the vacated
Parkview Terrace, Park Circle, 13 Avenue, Outlot E, and drainage and utility easements lying
northerly of the North line of Vierling Drive as now located;
WHEREAS, the Shakopee Planning Commission reviewed and recommended approval of
the Preliminary Plat of South Parkview Addition on August 9, 1984; and
WHEREAS, the City Council of the City of Shakopee reviewed and approved the
Preliminary Plat of South Parkview Addition on August 21, 1984; and
WHEREAS, the Shakopee Planning Commission reviewed and recommended approval of
the Final Plat of South Parkview 1St Addition on March 14, 1985; and
WHEREAS, the City Council of the City of Shakopee reviewed and approved the Final Plat
of South Parkview 1 Addition on March 19, 1985; and
WHEREAS, all required public notices regarding the public hearing were duly sent and
posted and all persons appearing at the hearing have been given an opportunity to be heard; and
WHEREAS, the City Council of the City of Shakopee reviewed the Final Plat of South
Parkview 5th Addition on April 5, 2005 and April 19, 2005; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, as follows:
That the Final Plat of SOUTH PARKVIEW 5 ADDITION is approved subject to the following
conditions:
I. The following procedural actions must be completed prior to the recording of the
final plat:
A. Approval of title by the City Attorney.
B. Execution of a Developers Agreement which shall include provisions for security
for public improvements within the Final Plat, payment of engineering review fees,
and any other fees as required by the City's most current fee schedule.
1. Street lighting to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
2. Electrical system to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
3. Water system to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
4. Installation of sanitary sewer and storm sewer systems, and construction of
streets in accordance with the requirements of the Design Criteria and
Standard Specifications of the City of Shakopee.
5. No public improvements shall be constructed until the City Engineer and
the Shakopee Public Utility Commission (SPUC) approve the Final
Construction Plans and Specifications.
6. Payment of Trunk Sanitary Sewer Charges shall be made as required by the
most current City of Shakopee Fee Schedule.
C. Easements shall be shown on the Final Plat as approved by the City Engineer.
D. The right -of -way width for Parkview Terrace shall remain sixty (60) feet as
dimensioned on the submitted plat drawing.
E. The right -of -way width for Park Circle shall remain one - hundred twenty (120) feet
as dimensioned on the submitted plat drawing.
F. The twenty (20) feet of Northern Natural Gas Company easement (per document
number 12673) shall remain a drainage and utility easement as shown on the South
Parkview 15t Addition plat.
G. As per the South Parkview 1 Addition plat, fifteen (15) feet of drainage and utility
easement exists between the Parkview Terrace right -of -way and the Park Circle
right -of -way. Issues concerning the vacation of the easement or the realignment of
lot lines to incorporate the easement shall be resolved.
H. The utilities easement must be increased on the side lot lines of Lots 6 & 7 and Lots
11 & 12 from 5 feet to 10 feet on each lot to accommodate installing a watermain
between Parkview Terrace and Park Circle.
Simultaneous to the recording of the plat, a deed restriction shall be recorded on all
lots with public sanitary sewer, public storm sewer and/or public watermain
adjacent to either a side lot line or a rear lot line.
The Deed Restriction shall appear as the following:
This conveyance is made conditioned upon and subject to the following
restriction. The Grantee, heirs, successors and assigns, are restricted
from erecting any fence or other structure within the utility and
drainage easements dedicated by plat over the above - described
property, except with the prior written consent of the City of Shakopee.
This restriction shall run in favor of and be enforceable by the City of
Shakopee.
J. The applicant shall implement the use of Best Management Practices for erosion
control and stormwater management during construction.
K. The applicant shall obtain a NPDES permit prior to any land disturbing activity.
L. Any applicable park dedication fees shall be paid prior to recording of plat.
M. Existing special assessments must be paid prior to the recording of the plat or the
applicant must agree with the apportionment of the special assessments prepared by
the City Engineer.
II. Following approval and recording of the final plat, the following conditions shall
apply:
A. This development shall comply with City Code Section 10.60, concerning noise
elimination and noise prevention. Responsibility for other noise mitigation
measures that may be required in the future shall rest with the developer and/or its
assigns.
B. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
C. Watermains to be installed in this development shall provide the necessary looping
connections, as required by Shakopee Public Utilities Commission.
D. All existing easements are retained.
E. Final grading, utility connections and access to city streets will need approval by
the Engineering Department.
F. All outstanding fees will apply.
G. The applicant shall construct houses using construction materials and methods for
indoor noise mitigation.
H. The applicant shall include 6 inches of topsoil, meeting MNDOT specifications, on
the entire site.
1. Property addresses will not be released until the approved final plat is recorded with
Scott County Land Records.
J. Provide electronic AutoCAD files of the Final. Plat to the Engineering Department.
K. Submit two (2) copies of the final plat (11" x 17 "), and an electronic copy, to the
Community Development Department, as follows:
a. The final plat copies shall be labeled `final' and include the Council hearing
approval date.
b. Submit paper copies to: Community Development Department, 129 Holmes
Street South, Shakopee, MN 55379.
c. Send electronic copy (.dwg or .shp) to RecordedPlat@ci.shakopee.mn.us.
THEREFORE, BE IT FURTHER RESOLVED, that approval of the Final Plat of
SOUTH PARKVIEW 5 ADDITION does not constitute a representation or guarantee by the City
of Shakopee as to the amount, sufficiency or level of water service that will be available to lots
within the plat as they are developed.
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held the )9 # day • f ran.,,.;: , 2005. �/
ni " I i -Lii /ice
Mtr of the, ' of Shakopee
ATTEST:
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