HomeMy WebLinkAbout4.A.1. Ryland Homes request for Building Permits in Dakota Crossing iConsent Business 4. A. 1
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TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
DATE: 10/15/2013
SUBJECT: Ryland Homes request for Building Permits in Dakota Crossing (B)
Action Sought
The City Council is asked to determine whether to allow the issuance of building permits in the
plat of Dakota Crossing before "substantial completion" as that is defined in Resolution No. 6059
(attached).
Introduction
Ryland Homes have requested that they be issued building permits for houses p for to completion
of improvements. They have provided a phasing plan for their project, noting which street
segments will be built first, and which lots are model sites (2) and which lots have been sold(13
total; 9 with sidewalks).
The Public Works Director has communicated to planning staff that the requested permits should
only be issued upon the completion of the following;
.The number of building permits to be allowed should be a fixed number(st ff determined
12 homes with sidewalks should be the maximum allowed);
*No more building permits can be obtained on lots adjacent to a sidewalk until the required
sidewalk has been installed and the concrete cured;
e During the 7 day curing period of concrete sidewalks, the developer shall coordinate with his
work crews and home owners to stay off the sidewalks; and
*Completion of the bituminous base course on streets.
Attached for the Council's information are: a) the September 27, 2013 letter from Mark
Sonstegard, Ryland Homes, making the request, b) a plan identifying the phasing of the streets,
sidewalks and lot sales, and c)Bruce Loney's memo and the related Resolution No. 6059, and d)
a copy of Resolution No. 7298 approving the final plat of Dakota Crossing.
Alternatives
1. Offer and pass a motion approving the issuance of up to twelve (12)building p rmits in Valley
Creek Crossings 2nd Addition prior to substantial completion as defined in Resol ition No. 6059.
2. Offer and pass a motion approving the issuance of building permits in Valley reek Crossings
2nd only upon substantial completion as defined in Resolution No. 6059.
3. Table the request to seek additional information.
Staff Recommendation
Staff recommends alternative no. 2 above.
Relationship to Visioning
This action relates to Goal B: Positively manage the challenges and opportunities presented by
growth, development and change.
Action Requested
Offer and pass a motion approving the issuance of building permits in Dakota Crossing only upon
substantial completion as defined in Resolution No. 6059.
Attachments: Dakota Crossing Plat Resolution
Ryland letter
Bruce Lona memo
Phasing map
Resolution No. 6059
RESOLUTION NO. 7298
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE FINAL
PLAT OF DAKOTA CROSSING
WHEREAS,Ryland Homes,applicant,and Sandra Zoschke and Amanda Zoschke,property owners,
have made application for Final Plat approval of Dakota Crossing;and
WHEREAS,the subject property is legally described as:
The North 40 acres of the West Half of the Southwest Quarter of Section 13,
Township 115, Range 22, Scott County,Minnesota; and
WHEREAS, on November 8, 2012,the Planning Commission held a public hearing on this matter
and recommended approval of the Preliminary Plat of Dakota Crossing with conditions;and
WHEREAS,the Shakopee City Council reviewed the Preliminary Plat for Dakota Crossing at its
February 19,2013 meeting;
WHEREAS,the proposed Final Plat of Dakota Crossing is in substantial compliance with the
approved Preliminary Plat;
WHEREAS,the Shakopee City Council reviewed the Final Plat for Dakota Crossing at its May 7,
2013 meeting; and
NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Shakopee,
Minnesota that the Final Plat of Dakota Crossing is hereby approved subject to the following conditions:
I. The following procedural actions must be completed prior to the recording of the Final
Plat:
A. Street names shall be revised as follows: Dakota Lane shall be renamed and a name
shall be provided for the north/south leg of the currently proposed Spring Lake Drive.
Proposed street names are subject to City review and approval.
B. The signature block shall be revised to reflect the necessary signatures and titles for City
representatives.
C. Approval of title by the City Attorney.
D. Execution of a Developers Agreement, which shall include provisions for security for
public improvements within the Final Plat, as well as payment of engineering review
fees, and any other fees as required by the City's adopted 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. The developer shall be responsible for payment of Trunk Storm Water
Charges, Trunk Storm Water Storage and Treatment Charges,and Trunk
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Sanitary Sewer Charges,as required by the most current City of Shakopee Fee
Schedule.
6. Payment of all storm water management review charges as required by the
most current City of Shakopee Fee Schedule.
7. Payment of all bituminous sealcoat charges need to be mad ,as required by the
most current City of Shakopee Fee Schedule.
8. The applicant shall meet park dedication requirements by p oviding cash in lieu
of land dedication.
9. Park dedication fees in the amount required by the City Code and adopted City
fee schedule shall be paid at the time of the recording of the final plat.
10. The Developer's Agreement shall include provisions for the construction of the
off-site improvement of the roadway connection to Hilldale Drive. All
customary requirements of construction shall be applicable to this off-site
improvement.
E. Provide electronic files (AutoCAD and Adobe Acrobat formats) of the Final Plat to be
recorded with datum on the Scott County coordinate system.
F. Right-of-way, in the form of sight triangles fifteen (15) feet in dimension, will be
provided at all local street intersections,as well as at the County Road 16 intersection.
G. Outlot A needs to encompass the existing wetland and needs to be deeded to the City of
Shakopee.
H. Outlot B will be deeded to the City of Shakopee.
I. Outlot C shall be eliminated and incorporated into the adjacent lots.
J. Easements need to be shown on the Final Plat as approved by the City Engineer. They
will include,but are not limited to,the following:
1. Minimum drainage and utility easements for public storm sewer need to be
dedicated per the City of Shakopee Design Criteria, Section 10.1 (A-D). The
easements need to be centered along the public utility alignments.
2. Provide a minimum of ten (10) feet of drainage and utility easement south of
CB 107(Lot 2,Block 1).
3. Additional drainage and utility easement may need to be provided between
Lots 3 and 4,Block 2.
4. Provide additional drainage and utility easement in the rear of Lots 16-18 of
Block 2 to accommodate drainage.
5. Provide a minimum of ten(1) feet of drainage and utility easement north of CB
102 (Lot 18,Block 2).
6. Additional drainage and utility easement may need to be provided between
Lots 12 and 13,Block 3.
7. Provide additional drainage and utility easement in the rear f Lots 5 and 6 of
Block 4 to accommodate the emergency overflow route.
8. Provide a minimum of ten(10)feet combined of right-of-way and drainage and
utility easement to the west of the proposed storm sewer alignments between
FES G and CBMH 201 and FES F and CBMH 200.
9. Lots 6 and 7, Block 3 will require additional side yard easement area to
accommodate the necessary overdepth on the 18" trunk wat rmain. Likely15
feet on each lot,possibly more to be determined in final desig 1.
10. Lots 17 and 18, Block lwill require additional side yard asement area to
accommodate buried utility lines. Minimum of 10 feet on each lot, possibly
more to be determined in final design.
H. The following items need to be addressed/completed prior to approval of a grading permit
and/or street and utility plan:
1. The applicant will need to obtain final approval of the storm water management plan.
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2. The applicant will obtain the necessary permission, right-of-way and/or easements to
perform all work offsite.
3. The applicant will obtain the necessary Scott County permits/approvals. Copies of these
approvals will be provided to the City.
4. The applicant will obtain a NPDES permit prior to any land disturbing activity. A copy of
this permit will be provided to the City.
5. The applicant does not propose impacts to adjacent wetlands, but they will need to obtain
approval of a wetland type and boundary application prior to any work in the vicinity of the
existing wetland complex.
6. The applicant will grade the entire site, as proposed on the approved plans, in one phase
within one (1)year from the date of approval of the grading permit application. Grading is
defined as bringing the site to the proposed finished grade with materials deemed
acceptable by the City of Shakopee engineering department, providing topsoil per City
requirements and applying seed, mulch and/or sod per City requirements and providing an
as-built record grading plan per Section 2.5 of the City of Shakopee De ign Criteria.
7. The applicant will provide a formal hydrology report summarizing the change in drainage
patterns in the Hilldale Drive area. Detailed drawings and 2, 10 and 100-year flow rates
need to be provided.
8. The applicant needs to be aware the dwelling setback requirement to the approved high
water level of the storm water basins set forth in Section 10, Subdivisign 5.A.1 of the City
of Shakopee Design Criteria includes decks.
9. The applicant will provide an adequate number soil samples/tests in close proximity of the
infiltration system to verify the infiltration rates of the existing soils. The system design
may need to be altered based on the results.
10. The applicant will line the proposed storm water basin with a minimu� of two (2) feet of
clay up to the normal water level. However,this depth can be reduced to one(1)foot if the
material meets certain specifications set forth by the City Engineer.
11. The applicant will provide a forebay (for sediment collection) at each flared end section
outletting to the storm water basins.
12. The applicant will provide wetland type vegetation below the approved high water level of
the storm water basins.
13. The applicant will revise the grading plan or provide additional easements to keep drainage
from each lot within dedicated drainage and utility easements adjacent to that lot. Several
areas appear to conflict with this requirement. They are as follows:
• Lots 1-3,Block 1.
• Lots 1-6, 8-10 and 14-16 of Block 2.
• Lots 2-3,6-7, 15-16, 18-19 and 22-23 of Block 3.
• Lots 1-4, 5-7 and 12-13 of Block 4.
14. The applicant will show all driveway grades greater than nine (9) percent on the grading
plans.
15. The applicant will obliterate the existing access to the property.
16. The applicant will show lowest floor elevations for all lots on the grading plan. These low
floor elevations will comply with requirements set forth in Section IV, S bdivision 7 of the
City of Shakopee's Comprehensive Water Resources Management Plan.
17. The applicant will reduce the normal water level footprint of storm water basin 1P.
18. The applicant will provide slopes no steeper than four (4) feet horizontal to one (1) foot
vertical below the approved high water levels of the storm water basins.
19. The applicant will provide a bituminous trail along County Road 16 (Eagle Creek
Boulevard). The design needs to be revised to eliminate surface water nnoff directly over
the trail.
20. In order for Spring Lake D
p g rive to have a full access at County Rojad 16 (Eagle Creek
Boulevard), the applicant will need to obtain the adequate right-of-way to extend Dakota
Drive to Hilldale Drive,physically extend Dakota Drive to Hilldale Drive and obliterate the
Hilldale Drive access to County Road 16(Eagle Creek Boulevard). Part of this work needs
to include providing an adequate cul-de-sac at the southern terminus of Hilldale Drive.
21. Without access to County Road 16(Eagle Creek Boulevard),no extension of Dakota Drive
to Hilldale Drive will be allowed and the property will need to develop from the Foothill
Trail access. As there is only one access, development must comply with the maximum
allowable cul-de-sac length set forth in Section 8, Subdivision 7 of the City of Shakopee
Design Criteria.
22. Spring Lake Drive from Foothill Trail to County Road 16 (Eagle Creek Boulevard) is the
through street. Therefore, the two (2) percent cross slope will be carried through the
intersections with Dakota Drive.
23. The applicant will remove all curb and gutter from within the County Road 16 (Eagle
Creek Boulevard)right-of-way.
24. The applicant will provide a detailed signage and striping plan.
25. The applicant will provide a street plan and profile sheet for the Dak to Lane extension to
Hilldale Drive and all associated work.
26. In order to reduce maintenance responsibilities, mid-lot catch basins placed solely to
reduce easement widths will not be allowed. These storm sewer alignments will be revised
or additional drainage and utility easements provided.
27. Class IV fieldstone riprap will be placed at each flared end section outletting to the storm
water basins and wetland. The riprap will be placed to the bottom of the basin/wetland
slopes.
28. CBMH 111 and CB 112 are low point catch basins and need to be located at the same
station. Revise the design as necessary.
29. The applicant will install sod the full width of all rear yard drainage and utility easements
that contain storm sewer.
30. The storm sewer alignment between CBMH 100A and FES E will be centered in Outlot B.
31. The applicant will provide reinforced turf(geogrid) in the drainage and utility easement in
the area between Lots 10-12 of Block 3 containing storm sewer from ST H 127 to FES B.
32. The applicant will provide reinforced turf(geogrid) in the portion of Outlot B containing
storm sewer from CBMH 100A to FES E.
33. All proposed catch basins in streets will need to be offset a minimum o ten(10)feet, edge
to edge,from all driveways(per standard detail 4011).
34. The applicant will verify the velocity in the sanitary sewer between SS H 1 and SSMH 2
is less than ten(10)feet per second. Revise the design as necessary.
35. The applicant will provide a casing pipe long enough to accommodate for future expansion
of County Road 16(Eagle Creek Boulevard).
36. The applicant will work with Shakopee Public Utilities(SPU)staff to remove/underground
all existing overhead electric lines on the property.
37. The applicant will revise the proposed landscaping plan to be in compliance with the most
recent version of the City of Shakopee's Easement Fencing and Landscar ing Policy.
38. No landscaping will be allowed in front yard drainage and utility easements, unless a
detailed plan is submitted clearly showing how all lots will be served by private utilities.
Prior to submittal, all applicable private utility companies will need to review and approve
this plan.
III. Following approval and recording of the final plat,the following conditions shall apply:
A. The applicant needs to be aware the dwelling setback requirement to the approved high
water level of the storm water basin(s) set forth in Section 10, subdivision 5.A.1 of the
City of Shakopee Design Criteria includes the construction of decks.
B. No public improvements will be constructed until the City Engineer and the Shakopee
Public Utilities Commission(SPUC)approves the required Final Construction Plans and
Specifications.
C. Building construction,sewer,water service,fire protection and access will be reviewed
for code compliance at the time of building permit application(s).
D. Noise issues along the County roadways may arise as traffic levels increase in the area.
The developer and/or their assigns shall be responsible for any required or desired noise
mitigation measures.
E. The developer should implement the use of Best Management Practices for erosion
control and stormwater management during construction.
F. All work within the County right-of-way shall require a County pe
it
G. The applicant shall provide and install park,open space,and trail bo dary signage as
determined to be needed by the city.
H. Final grading requires the placement of six inches of topsoil for the e tablishment of turf
and plantings.The soil composition should be similar to the MnDOT topsoil borrow
requirements.
I. One overstory shade deciduous tree is required in the front yard of ea-,h lot.
J. Buildings require sod placement in front yards and seed or sod placed in side and rear
yards.
K. Irrigation systems require rain sensors.
L. The applicant will seed proposed drainage and utility easements containing storm ponds
native wetland seed mixture and erosion control blanket be placed throughout the entire
easements and around outlets to prevent erosion and sediment deposits from discharging
to downstream water bodies.
M. The applicant is responsible for preserving all trees indicated as saved on the plans. If,
as a result of mass grading,any of these trees are determined to be wounded sufficiently
to be considered dead or dying by the Natural Resources Coordinator,the developer will
be required to replace the tree(s)according to the Woodland and Tree Management
Ordinance.
N. Tree protection fence for mass grading is to remain in place the duration of the land
disturbing activities,including the building of residential homes. Removal of the silt
fence and tree protection fence for mass grading will be the responsibility of the
developer.
O. Temporary street signs shall be provided until such time that permanent street signs are
installed.
P. The applicant shall obtain the appropriate permits for all structures to be removed from
the site and/or demolished.
Q. No berming,landscaping,ponding or signage shall be permitted in the County right-of-
way.
R. The outlot proposed south of County Road 16 shall be incorporated into the adjoining
property at the time that it develops so as to eliminate this remnant parcel.
S. Silt fence and/or tree protection fence shall not be installed within delineated wetland.
T. The silt fence installed as tree protection fence be orange in color and placed outside the
tree drip line. Trees with silt fence placed within the drip line will be considered
removed and require replacement according to the Woodland and Tree Management
ordinance.
U. The developer has indicated they may be interested in also developing the 40 acre parcel
on the south side of CSAH 16 in the future. If the parcel on the south side of CSAH 16
developers in the future,no new access connection shall be permitted to CSAH 16 for
that parcel until a left turn lane can be constructed on CSAH 16.
V. The applicant will provide a bituminous trail along County Road 16 The design needs
to be revised to eliminate surface water runoff direction over the trail
W. All trails and sidewalks shall be constructed to meet ADA requirements or guidelines.
X. An access permit shall be required for the proposed Spring Lake Drive connection to
CSAH 16. A right turn lane and bypass lane shall be required for the new access as well
as,the removal of the Hilldale Drive access from CSAH 16.
Y. Any necessary right of way for the turn lanes, casings under CSAH 16, and access
removal shall be the responsibility of the developer.
Z. A utility permits shall be required for the installation of the trail on the CSAH 16 right-
of-way. The trail shall meet ADA standards.
AA. The connection of Spring Lake Drive onto CSAH 16 appears to cross another property
to access the CSAH 16 right-of-way. Easements will need to be secured for the access
onto CSAH 16.
BB. The applicant needs to revise the proposed landscaping plan to be in compliance with
the most recent version of the City of Shakopee's Easement Fencing and Landscaping
policy.
CC. The applicant must meet the City's Woodland Management Ordinance requirements.
DD. Tree replacement requirement is 2:1 ratio.The applicant has proposed'to remove 154
trees on site and 36 trees off site. The replacement requirement is 77 trees on site and 12
trees off site. Per the submitted landscape plan the applicant proposes to plant 235 trees.
EE. Pursuant to City Code Section 12.24, Subd.2 the project will be required to be in
compliance with the Natural Resources Corridor Design Criteria.
FF. The developer should submit a revised landscaping plan illustrating the species of trees
to be planted in each location. The applicant shall establish a conservation easement
over the trees on Lots 1-16 on the northern boundary from the rear property line up the
slope to the approved grading limits.
GG. A conservation easement shall be granted to the City over Outlot A.
HH. The applicant shall provide and install conservation easement signage as determined to
be needed by the city. The applicant is responsible for providing and installing the
4x4x8 treated wood posts and purchase the signage from the city at they fee set forth in
the City's current fee schedule.
If. Replacement trees are required to be planted as follows:
1. A minimum of four feet from impervious surfaces.
2. A minimum of ten feet from property lines.
3. Not in easements containing utilities.
4. Not in City owned right-of-way.
5. Not below overhead utilities.
6. Not below high water levels(HWL)in existing or created pot ds or wetlands.
7. The applicant will plant a diversity of tree species on site con istent with the
existing woodlands to prevent impacts from future disease.
8. Consistent with the Shakopee Tree Planting Guidelines.
9. Ash(Fraxinus sp.)and Colorado Blue spruce(Picea pungens are not allowed
to be planted due to current insect and disease issues.
Adopted in regular session of the City Council of the City of Shakopee,Minnesota,
held the day of ,2013.
Attest: Mayor of the City of Shakopee
Julie Linnihan,City Clerk
RYLAND
HOMES?
TWIN CITIES DIVISION
7599 Anagram Drive
to!! Eden Prairie,MN 55344
/,� 952.229.6000 Tel
L4 952.229.6024 Fax 3 0 2013 www.ryland.com
September 27, 2013
Mark Noble
Planner II
City of Shakopee
129 S. Holmes Street
Shakopee, MN 55379
RE: Dakota Crossing—Request for Building Permits w/o City Sidewalks installed
Dear Mr.Noble:
Ryland understands the city requires the following items to be completed prior to issuing
building permits in a residential development; as-built grading plan, completed utilities,
streets paved, and city sidewalks installed. Our development schedule for Dakota
Crossing currently has streets being complete in mid-November. Gas, phone, cable, and
electric are scheduled for late November and early December. Due to weather
conditions, city sidewalks would be scheduled for spring 2014.
Ryland Homes requests that the requirement for city sidewalks be waived for Dakota
Crossing. With Ryland being both the developer and homebuilder in Dako a Crossing,
Ryland can certainly manage the surveying of the proposed homes without tf.e sidewalks
installed. In addition,with the sale of the homes, Ryland can set the expectat on with our
buyers regarding the spring 2014 installation of the city sidewalks.
Barring any extremely unusually spring weather, Ryland would plan to have the city
sidewalks completed no later than May 31,2014. 1
Ryland appreciates the city considering this request to waive the completion of city
sidewalk requirement for building permits. Please call me at (952) 229-6007 if you have
any questions with this request.
Sincerely,
Mark Sonstegard
VP Land Development
Ryland Homes, Twin Cities
CC: Bruce Loney,Public Works Director, City of Shakopee
CITY OF SHAKOPEE
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Memorandum
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TO: Mark Noble, Planner II
FROM: Bruce Loney, Public Works Director
SUBJECT: Dakota Crossing—Request for Building Permits without City Sidewalks
installed
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DATE: October 4, 2013
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This memo is to address the request from Ryland Homes to obtain building permits on
lots without a city sidewalk that is required. My comments are as follows:
1) The number of building permits to be allowed should be a fixed number.
2) No more building permits can be obtained on lots adjacent to a sidewalk until the
required sidewalk has-been installed and the concrete cured.
3) During the 7 day curing period of concrete sidewalks, the developer should
coordinate with his work crews and home owners to stay off the sidewalk.
4) Ideally it would be best if construction could start with no occupancy given until
the concrete sidewalks are installed and concrete cured for 7 days.
If you have any questions on this memo or wish to meet to discuss further, let me know.
Bruce Lerirectoi
Public
ENGR/2013-PROJECTS/COUNCIUligM0 DAKOTA CROSSING
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RESOLUTION NO. 6059
A RESOLUTION OUTLINING THE MEANING
OF SUBSTANTIALLY COMPLETE AS CONTAINED
IN THE DEVELOPER'S AGREEMENT FOR PUBLIC IMPROVEMENT
WHEREAS, the City of Shakopee requires the developer of a new subdivision to
enter into a Developer's Agreement to insure completion of required public
improvements; and
WHEREAS, the Developer's Agreement authorizes the issuance of building
permits when required improvements are substantially complete; and
WHEREAS,the City Council desires to clarify when required improveme is are
considered substantially complete.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF HE
CITY OF SHAKOPEE,MINNESOTA, that public improvements shall be deemed
substantially complete as outlined in"Exhibit A'attached hereto and made a part hereof
BE IT FURTHER RESOLVED,that any policies or resolutions inconsistent
herewith are hereby repealed.
Adopted in , session of the City Council of the City of Shakopee,
Minnesota held this 1 day of ��i/i�zc:J ,2004.
or
ATTEST:
/� CC fy Clerk
EXHIBIT "A"
"Substantially Complete"shall be defined as follows:
• All utilities including sanitary sewer,water ain,storm sewer and utility
services are installed,tested and approved by the City Engineer and Sh kopee
Public utilities.
• All site grading is complete and erosion control measures are in place and
approved by the City Engineer.
• All curb and gutter is installed and approved by the City Engineer.
• Trails and sidewalks,as required by the City Engineer, are installed and
approved by the City Engineer.
• The bituminous base course is installed on all roadways within the
development phase and approved by the City Engineer.
I