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HomeMy WebLinkAbout4.A.1. Ryland Homes Request for Issuance of Building Permits in Dakota Crossing Consent Business 4. A. 1. SfIkK PEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner II DATE: 11/06/2013 SUBJECT: Ryland Homes Request for Issuance of Building Permits in Dakota Crossing (B) Action Sought The City Council is asked to approve 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 prior to completion of certain public 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 and Planning staff have discussed this proposal, and are recommending that the requested permits should only be issued upon the compliance with the following conditions; •The number of building permits to be allowed shall be a fixed number(staff determined 12 homes with sidewalks shall 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/approved by city staff; •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; •No occupancy shall be given until the concrete sidewalks are installed and concrete cured for 7 days; and •The Developer shall have completed the install of an approved bituminous base course on streets. Temporary certificates of occupancy only shall be issued until such time that the sidewalks have been installed and approved by the City. 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 building permits in Dakota Crossing, subject to the following conditions: a. The number of building permits to be allowed shall be a fixed number(staff determined 12 homes with sidewalks should be the maximum allowed); b. No more building permits can be obtained on lots adjacent to a sidewalk until the required sidewalk has been installed and the concrete cured/approved by city staff; c. 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; d.No occupancy given until the concrete sidewalks are installed and concrete cured for 7 days; e. The Developer shall have completed the install of an approved bituminous base course on streets. f. Temporary certificates of occupancy only shall be issued until such time that the sidewalks have been installed and approved by the City. g. Issuance of building permits in Dakota Crossing shall be allowed after the public improvements have been met, consistent with the definition of substantially complete as defined in Resolution No. 6059. 2. Offer and pass a motion approving the issuance of a certain number of building permits in Dakota Crossing as determined by Council, subject to revised conditions. 3. Deny the request to issue building permits in Dakota Crossing. 4. Table the request to seek additional information. Staff Recommendation Staff recommends Alternative No. 1 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, subject to the seven(7) conditions recommended by staff in Alternative No. 1. Attachments: Dakota Crossing Plat Resolution No 7298 Ryland Letter Bruce Loney memo Phasiniz 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 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 made, as required by the most current City of Shakopee Fee Schedule. 8. The applicant shall meet park dedication requirements by providing 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 of 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 watermain. Likely15 feet on each lot,possibly more to be determined in final design. 10. Lots 17 and 18, Block lwill require additional side yard easement area to accommodate buried utility lines. Minimum of 10 feet on each lot, possibly more to be determined in final design. II. 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. 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 Design 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, Subdivision 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 minimum 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, Subdivision 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 runoff directly over the trail. 20. In order for Spring Lake Drive to have a full access at County Road 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 Dakota 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 STMH 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 of 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 SSMH 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 Landscaping 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 permit. G. The applicant shall provide and install park,open space,and trail boundary signage as determined to be needed by the city. H. Final grading requires the placement of six inches of topsoil for the establishment 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 each 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 the fee set forth in the City's current fee schedule. Il. 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 ponds or wetlands. 7. The applicant will plant a diversity of tree species on site consistent 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 92013. Mayor of the City of Shakopee Attest: Julie Linnihan,City Clerk RYLAND HOMES? TWIN CITIES DIVISION 7599 Anagram Drive tu !3 Eden Prairie,MN 55344 952.229.6000 Tel 952.229.6024 Fax vAm.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 Dakota Crossing, Ryland can certainly manage the surveying of the proposed homes without the sidewalks installed. In addition,with the sale of the homes, Ryland can set the expectation 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. 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 Memorandum TO: Mark Noble, Planner II FROM: Bruce Loney,Public Works Director I SUBJECT: Dakota Crossing—Request for Building Permits without City Sidewalks installed DATE: October 4,2013 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 erirectoir Public ENGR/2013-PROJECTS/COUNCILfME O DAKOTA CROSSING I I I I I I I I I I I I I I I 1 I I I i I I I I I I ' ui F Z 1 I I I _----- I I O I O I , , I I , I I , I / / I I / I - jr O. o co Ln O \ M C\L\ j N O 00 O L = a c o 0 0 col F 711 ; m� NN CL o.. 0 cn 2 00 Mo i co °° CO v.o `! I N O P -O 00 I C1 N O / J 00 t --___.._ C� �Q� T m O co -O d o00 00 i CMS d Irn _ u7 I �° o �3 ����4J111 o gi co 3 �M I °of C.� �t N� Ha a^^•1`l I a � ry0-)' ^� (—D �I 001 ov a d n l NCI �h/ C�I I Z I w° I [ NO t v�O u�iN vii C~7 R-4 W L� 00 b �Ip a _m 000 _ _ �� a �M I / / I I I I I I I I I I I I I _ -___-_--_ i - --- _ peJlll!4lood 1 4----_- RESOLUTION NO.6059 A RESOLUTION OUTLINING THE MEANING OF SUBSTANTIALLY COMPLETE AS CONTAINED IN THE DEVELOPER'S AGREEMENT FOR PUBLIC IMPROVEMENTS 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 improvements are considered substantially complete. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE 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 i herewith are hereby repealed. Adopted in 42rr�t r' session of the City Council of the City of Shakopee, Minnesota held this_ Z z day of 72004. 1 iI,X7 14 or ATTEST: ?1 City Clerk EXHIBIT "A" "Substantially Complete"shall be defined as follows: • All utilities including sanitary seiner,watenmin,storm sewer and utility services are installed,tested and approved by the City Engineer and.Shakopee 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.