HomeMy WebLinkAbout4.A.3 Amendment to Resolution No. 7342. Final Plat Dean Lakes Tenth Addition-Res No. 7386 Consent Business 4. A. 3.
SHAKOPEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Senior Planner
DATE: 11/19/2013
SUBJECT: Amendment to Resolution No. 7342, Final Plat of Dean Lakes Tenth Addition-Res.
No. 7386 (B)
Action Sought
Approve request from Ryan Companies to Amend Resolution No. 7342, a resolution approving
the Final Plat of Dean Lakes Tenth Addition
Discussion
Ryan Companies has submitted a request to amend their final plat of Dean Lakes Tenth
Addition. In their request, they are asking that the amended resolution eliminate the requirement
listed in item 1(g) "Payment of special assessments in full (totaling $305,482.27) shall be made
prior to the recording of the final plat", and have it revised to state:
"Developer shall pay existing levied special assessments or may request that special assessments
be reapportioned against the new lot. If this request is approved, developer shall pay the current
fee for reapportioning assessments and agree to the City Engineer's reapportionment."
City staff has discussed this request with the City Attorney, and it has been suggested that should
the Council support this request, that the amended resolution simply delete condition no. 1) g.
Staff has prepared an amended resolution for the Council's consideration.
Alternatives
1. Approve Resolution No. 7386, a resolution amending the Final Plat for Dean Lakes Tenth
Addition, subject to the conditions presented.
2. Approve Resolution No. 7386, a resolution amending the Final Plat for Dean Lakes Tenth
Addition, subject to revised conditions.
3. Do not approve the final plat and direct staff to prepare a resolution consistent with the
direction of the Council.
4. Table the matter and request additional information from staff and/or the applicant.
Action Requested
Offer a motion to approve Resolution No. 7386, a resolution amending the Final Plat of Dean
Lakes Tenth Addition, and move its adoption.
Attachments: Ryan Companies Letter
Amended Resolution
Date: November 11,2013
TO: City of Shakopee
From: Ryan Companies US, Inc.
Re: Resolution No. 7342 approving Dean Lakes Tenth Addition
This is the formal request of Ryan Companies US, Inc. ("Ryan")to have Resolution No.7342,A
Resolution of the City of Shakopee, Minnesota, approving the Final Plat of Dean Lakes Tenth Addition,
amended to eliminate the requirement listed in item 1(g) Payment of special assessments in full
(totaling$305,482.27)shall be made prior to the recording of the final plat,and have it revised to state:
"Developer shall pay existing levied special assessments or may request that special
assessments be reapportioned against the new lot. If this request is approved,developer shall pay the
current fee for reapportioning assessments and agree to the City Engineer's reapportionment."
Ryan already has in place two Letters of Credit with the City of Shakopee(Letter Credit Nos.
9338667 and 9340114)for the purpose of guaranteeing the payment of the special assessments that are
outstanding. Every year they are reduced based on the payments made in October and May with the
payments of Real Estate Taxes.
This property has been leased to Shutterfly, Inc.,who has agreed to assume and pay the special
assessment amounts in the same manner that Ryan has been previously paying them.
This is our 10t"Plat that has been recorded on this project and we have had the specials
allocated and re-apportioned on each one. Please consider this request for the Amendment of
Resolution No. 7342.
Sincerely,
RYAN COMPANIES US, INC.
By
Its
RESOLUTION NO. 7386
A RESOLUTION AMENDING RESOLUTION NO.7342 OF THE CITY OF
SHAKOPEE,IVHNNESOTA APPROVING THE FINAL PLAT OF DEAN LAKES
TENTH ADDITION
WHEREAS,Ryan Companies US,Inc.,applicant and property owner,have made
application for final plat approval of Dean Lakes Tenth Addition; and
WHEREAS,the subject property is legally described as:
Lots 1, 2, and 3, Block 2, Dean Lakes P Addition, Scott County,Minnesota;and Tract C,
Registered Land Survey No. 199, Scott County; and
WHEREAS,the City Council reviewed the final plat on August 20, 2013;
WHEREAS,the City Council reviewed an amendment to Resolution No. 7342,
which approved the Final Plat of Dean Lakes Tenth Addition, on November 19,2013.
NOW THEREFORE,BE IT RESOLVED by the City Council of the City of
Shakopee, Minnesota that Resolution No. 7342,which approved the final plat of Dean
Lakes Tenth Addition,is hereby amended to read as follows:
1) The following procedural actions must be completed prior to the recording of
the Final Plat:
a) Approval of title by the City Attorney.
b) Minimum drainage and utility easements for public sanitary sewer will 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.
c) Provide a minimum of ten (10) feet of drainage and utility easement around the
perimeter of Lot 1,Block 1,Dean Lakes 10`"Addition.
d) Provide a 10 foot easement across the Tract C of RLS 199 portion of Lot 1, block
1 from the west to east adjacent to the south side of the easement identified by
Document T133932 (see SPUC easement attachment).
e) The City of Shakopee/SPUC will retain all existing easements, including but not
limited to the Underground Utility Facility Easement (per Document T133932),
which is full of existing electric cables).
f) Provide electronic files (Auto CAD and Adobe Acrobat formats of the Final Plat
to be recorded with datum on the Scott County coordinate system.
2) The following items need to be addressed/completed prior to approval of a
grading permit and/or a street and utility plan:
a) The grade over the existing north to south watermain within the easement thru the
center of Lot 1, Block 1 shall not be reduced such that the cover becomes less
than 7.5 feet over the watermain.
b) The grade over the existing underground electric cables in easements in multiple
locations on Lot 1 Block 1 shall be maintained so that the cover over the
underground cables is maintained between a minimum of 30 and a maximum of
42 inches throughout.
c) The applicant must meet the City's Woodland and Tree Management Ordinance
requirements. The applicant shall contact City Staff prior to any land disturbing
activities for an inspection of the tree protection fencing installed at the drip line
of trees to be preserved.
d) Silt fence shall be installed around the perimeter of the site.
3) The following procedural actions must be completed prior to the issuance of a
building permit:
a) Record plans need to be provided per the City of Shakopee Design Criteria,
Section 2.5 and Section 11.2 (A-L). The record plans need to be submitted to the
engineering department.
4) Following approval and recording of the final plat, the following conditions shall
apply:
a) All conditions from Resolution No. 5986 (Dean Lakes PUD) shall be complied
with.
b) If removing any Significant Tree on a City regulated property,the applicant must
meet the requirements set in the City's Woodland Management Ordinance
(Section 11.60 Subdivision 9.).
c) Compliance with the Woodland and Tree Management Ordinance. Tree
Management Plan Tree Replacement escrow due in the amount of $350 per
replacement tree X 150%.
d) Irrigation systems require rain sensors.
e) Tree protection fence for mass grading is to remain in place the duration of the
land disturbing activities. Removal of the silt fence and tree protection fence for
mass grading will be the responsibility of the developer.
f) Final grading requires the placement of a minimum 6 inches of topsoil meeting
requirements set in MnDOT'S "SELECT TOPSOIL BORROW" (spec. 3877.2 B,
Table 3877-2).
g) No more than 1/3 of planted trees on the property may be of one genus. No more
than 1/3 of the trees shading the parking lot may be of one genus.
h) The tree planting detail found on the City of Shakopee webpage
http://www.ci.shakopee.mn.us/pages/Parks/NaturaiResources/TreePlantingDiagrra
mB B.ndf(or one showing the same planting specifications) shall be displayed on
the landscaping plan. If the installed trees do not meet the specifications on said
detail, trees are determined unhealthy by City of Shakopee staff, or are damaged
before time of final inspection they will be removed and replaced at the expense
of the applicant. Call the Natural Resources Dept.with questions (952)233-9511.
i) Bare root is an acceptable planting stock for meeting the Landscaping
Requirements. Trees still must meet size requirements. All bare root trees shall be
planted during the spring or fall planting season or suitable planting conditions.
j) Soil compaction for all non-structural landscaped areas (including landscaping
islands) shall be between 75%-80% of Standard Proctor (maximum dry density)
for a minimum of the top 18" of soil. Compaction samples by a City approved
tester are to be taken after final grading of the site is complete. They are to be
submitted and approved by the City of Shakopee before installation of
landscaping begins. Submit samples to Shakopee Natural Resources Dept. (place
on grading plan).
k) The warranty period will not begin until installed plants are inspected by City
staff and determined acceptable.
1) The applicant is required to manage the seeded prairie per recommendations of
the latest MN/DOT Seeding Manual or qualified prairie management personnel.
The applicant is encouraged to hire a qualified company to do this during
establishment period. The Natural Resources Dept. must be provided a
management plan for the first 3 years after seeding before landscaping warranty
begins. See City Ordinance (Section 10.73) for requirements of native planted
areas.
m) Unless noted in these conditions all details and notes listed on the Landscape
Plans dated 08/08/2013 are approved and required to be met.
n) Replacement/landscape trees shall be planted according to the following
conditions:
a) Trees shall be planted a minimum of 4 feet from impervious surfaces.
b) Trees shall be planted a minimum of 10 feet from property lines.
c) Trees shall not be planted in easements containing utilities.
d) Trees shall not be planted in City owned right-of-way.
e) Trees shall not be planted below overhead utilities.
f) Trees shall not be planted below high water levels (HWL) in existing or
created ponds or wetlands.
g) Large deciduous trees shall be planted at a minimum 25 feet apart and
large conifer trees a minimum of 20 feet apart (stem to stem). More space
may be required depending on species.
s) No maple or apple trees and not more than 10 spruce trees will count towards
City's landscaping/replacement requirements. Recommended alternatives follow:
Large Trees-
Coffeetree, 'Espresso' [Gymnocladus dioicus 'Espresso']
Corktree, 'His Majesty' [Phellodendron amurense 'His Majesty]
Elm, 'Valley Forge' [Ulmus americana'Valley Forge]
Ginkgo [Ginkgo biloba `Autumn Gold']
Magnolia, cucumbertree [Magnolia acuminata]
Honeylocust,thornless [Gleditsia triacanthos var. inermis]
Oak,bur [Quercus macrocarpa]
Hickory, shagbark [Carya ovata]
Catalpa,northern [Catalpa speciosa]
Hackberry [Celtis occidentalis]
Small Trees-
Hawthorn,thornless cockspur [Crataegus crusgalli var. inermis]
Maackia,Amur [Maackia amurensis]
Lilac, Japanese tree [Syringa reticulata]
Hornbeam, American [Carpinus caroliniana]
Serviceberry, Allegheny [Amelanchier laevis]
Conifer Trees-
Cedar, white [Thuja occidentalis 'Techny']
Fir,white [Abies concolor]
Pine,ponderosa [Pinus ponderosa]
Pine, Scots [Pinus sylvestris]
Pine, eastern white [Pinus strobus]
Adopted in regular session of the City Council of the City of Shakopee,Minnesota,
held the day of ,2013.
Mayor of the City of Shakopee
Attest:
Julie Linnihan, City Clerk