The URL can be used to link to this page

Home My WebLink About5.B.1. Final Plat of Slumberland Addition-Res. No. 6687 S. 6. / , CITY OF SHAKOPEE Memorandum CASE NO.: 07-059 CONSEr~T TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kyle Sobota, Planner I SUBJECT: Final Plat of Slumberland Addition MEETING DATE: November 7, 2007 REVIEW PERIOD: September 23,2007 - January 21,2007 DISCUSSION CM Architecture has submitted an application for final plat approval of two properties located at 4100 Dean Lakes Blvd. Both properties are currently owned by Larson Family LLLP. Currently, the Slumberland building is under construction on both parcels, construction was allowed prior to Final Plat approval by an appeal of a staff decision to the Board of Adjustment and Appeals. As proposed, this plat would combine the two parcels, the building under construction would no longer cross property lines if the plat is approved and recorded. The total acreage of the site is 3.445 acres. The parcels involved in this plat have been part of several different subdivisions; including RLS # 198, Dean Lakes 1 st, and Dean Lakes 3rd Additions. The platting process is required to combine these properties due to the smaller parcel being Abstract Title property and the larger parcel being Torrens Title property. If both properties were Abstract Title, a minor subdivision could have likely been used to combine the two parcels. Currently the plat is named Slumberland Addition; if it is to be approved, City Staff are requesting that the plat name be changed to Dean Lakes Sixth Addition. PLANNING COMMISSION RECOMMENDATION This specific plat has not been reviewed by the Planning Commission since it is a Final Plat; all other plats the parcels have been part of were recommended and approved by both the Planning Commission and City Council and were recorded. VISIONING RELATIONSHIP This action supports: Goal D: "Vibrant, Resilient, and Stable", and Strategy 4: "Improve Individual Financial Health". ALTERNATIVES 1. Approve Resolution No. 6687, approving the Final Plat for Slumberland Addition, subject to the conditions presented. 2. Approve Resolution No. 6687, approving the Final Plat for Slumberland 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 REOUESTED Offer a motion to approve Resolution No. 6687, a resolution approving the Final Plat of Dean Lakes 6th Addition subject to the conditions as presented by staff, and move its adoption. ~~ Kyle obota Planner I RESOLUTION NO. 6687 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE FINAL PLAT OF DEAN LAKES SIXTH ADDITION WHEREAS, CM Architecture, applicant and Larson Family LLLP, property owner, has made application for preliminary and fmal plat approval of Dean Lakes Sixth , I Addition; and WHEREAS, the subject property is legally described as: That part of Lot 6, Block 1, Dean Lakes Third Addition, according to the recorded plat thereof, and situate in Scott County, Minnesota, described as follows: Commencing at the southwest quarter of said Lot 6; thence North 00 degrees 25 minutes 42 seconds West, assumed bearing, along the west line of said Lot 6, a distance of 362.01 feet to the point of beginning of the tract of land to be described; thence continuing North 00 degrees 25 minutes 42 seconds West, along said west line, a distance of 197.15 feet; thence South 73 degrees 19 minutes 37 seconds East, a distance of 109.3 3 feet; thence South 00 degrees 25 minutes 47 seconds East, a distance of 165.00 feet; thence South 89 degrees 34 minutes 13 seconds West, a distance of 104.50 feet to the point of beginning. And Tract B, Registered Land Survey No. 198, according to the recorded plat thereof, Scott County, Minnesota. WHEREAS, the City Council reviewed the final plat on November 7,2007. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the final plat of Dean Lakes Sixth Addition 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. Approval of title by the City Attorney. b. Provide electronic (Auto CAD) files of the Final Plat and all record drawings to the engineering department. II. The following items shall be completed prior to release of the Final Plat for recording: a. The name of the plat must be changed to Dean Lakes Sixth Addition. b. The parcel shall be noted on the record drawing as Lot 1, Block 1. c. The survey data (length and bearings) shall be shown for each lot. d. A minimum of a twelve foot drainage and utility easement shall be provided adjacent to the West property line along Canterbury Road. e. An easement of sufficient size for the public watermain on the site installed by Ryan Companies must be provided on the record plat or by separate document. The applicant must work with Shakopee Public Utilities to determine size and location of this easement. III. Following approval and recording of the final plat, the following conditions shall apply: a. All conditions from attached resolutions 6213 and 6214 (Dean Lakes Retail Center PUD, Third Addition Preliminary and Final Plat) shall be complied with. b. Conditions of Dean Lakes First Addition Conservation Easement filed June 3, 2004 as Scott County Document No. Tl57654 shall be complied with. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held the _ day of , 2007. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk H:\CC\2007\11-07\070S9 _FP _ Slumberland _Dean_Lakes _ 6th. doc , Shakopee - Location Maps Page 1 of 1 " I MR - 'i L..1 l' ----- }; ~4G /~~-:; [f /~ " ( . ./ l r' . ~~~~ ~l =~ll~-= ~ l i ~=, ~::r: "'~~ ~ ~<t}:i':::~lIl! IlIIIIIII. '@ -.J(' l.Ji.t/jjj:';:::- //;. '~ammt!:1 u::un~>" I ~ W~~E ~.SUbJectProperty SHAKOPEE ~ ..... Shakopee Boundary COMMUNITVPRlDESlNCE1.57 s [::J Zoning Boundary [=:J Parcel Boundary Final Plat of Dean Lakes 6th Addition (Slumberland) ExHIBrf A ..~ -', http:// gis.logis.org/ shakopee/locationmap/map . asp ?title=Final+Plat+of+ Dean+ Lakes+6th... 09/26/2007 ~ SLUMBERLAND ADDITION Iu KNOW ALL PCRSONS BY THCSE PRESENTS: That Larson Family LLLP, a Minnesola limited liabilily limited partnership, fee SHAKOPCE. MINNesoTA ~ ~ owner of the following described property situated In the County of Scott. State of Minnesota, to wit: This plat of SLUMBcRLAND ADD/nON was approved and accepted by the City Council of Shakopee, Minnesoto. ot 0 regular ~ ~ meeting thereof held this _ day of 20_< If applicable, the written comments and recommendations ~ 5 ~ (\.-'1 That port Lot 6} Block 1, DEAN LAKES THIRD ADO/nON, according to the recorded plat thereof, and situate in Scott of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed !) C \ 1 I ()oI) County. Minnesota. described as follows: 30 day period has elapsed without receipt of such comments and recommendations. as provided by Minnesota Statutes, ~ '" ~ It-) Section 505. OJ, Subdivision 2. ,tis I TR~ /"T ~... Commencing ot the southwest corner of sold Lot 6; thence North 00 degrees 25 mInutes 42 seconds West, assumed ~ ~() I ....... / bearing, olong tha west line of said Lot 6, a distance of 362.01 feet to the point of beginning of the tract of land to ~ ~~ I I / be described; thence continuing North 00 degrees 25 minutes 42 seconds West, along said west line, a distance of CITY COUNCIL OF SHAKOPEE MINNESOTA ~ CI);E .,..- 231.85 S89034'1S-W --- 197.15 feet; thence South 73 degrees 19 minutes 37 seconds East, a distance of 109.33 feet: thence South 00 I +' \ degrees 2S minutes 47 seconds East. a distance of 165.00 feet; thence South 89 degrees 34 minutes 13 seconds 1. I '2 West, a distance of 104.50 feet to the point of beginning. By By 1-_ 50 - ------- 170 ------- 1- l:: Mayor City Clerk : ~~ And I \ I "'Iii Tract B REGISTERED LAND SURVEY NO 198 according to Ihe recorded plat thereof. Scott County, Minnesota CITY ATTORNeY. CITY OF' SHAKOPCE, MINNCSOTA I ,,~~ '" ' ' , '" I hereby certify that I have examined Ihis pial of SLUMBERLAND ADDITION and do hereby recommend this plat I I ....~O) ~ Have caused the some to be surveyed and platted os SLUM8ERLAND ADDlnON. for an pro val os to form this day of 20 I I <>"", C.... ~. - -' I I ~~~ -2 ~ In witness whereof said Lorson Family LLLP, a Minnesota limited liability limited partnership, has caused these presents I ~fiIJ2:. <.... ~ to be signed by Kenne~h R. Larso'!. a Partner of Larson Enterprises. a Minnesota general partnership, the General I I-.l-_:;.~~ ii) Portner of Larson Family ULP. thiS _ day of . 20_. City Attorney. Shakopee, Minnesota I ; i-, SCO" COIJNTY AUDlTOR/TRCASlJRCR I I ~ C.:) SIGNED. LARSON FAMILY UlP I hereby certify that the current and delinquent taxes on the lands described within are paid and the transfer is entered I IY~I --- "'- Q- " this - doy of 20_ ~~~~ · B I \ g~.>t ~ ~ YK h P t Scott County Audilor Scott County Treasurer I ~ I ;...... (I t\i ennet R. Larson. or ner .. I I I I ,(-, S I ~ {j \ STATE: OF'MlNNesoTA Signed by: Deputy I ~::J "I b \ 'oJ tj -, COIJNTY OF' RAMSEY I I (3 g '": I...." ~ ~/J 'The foregoing Instrument was acknowledged before me this _ day of 20--, by SURVEY DIVISION. Scott County. Minnesota r- :ce ~ I ";:\;:!>. ~I ~:::..,' Kenneth R. Larson, Partner of Larson Enterprises. a Minnesota general partnership, the General Partner of Larson Family LLLP. Pursuant to Minnesota Statutes, Chapter 389.09, Subd. I, as amended, this plat has been reviewed and approved this I .c. I ....'-J ().... It) ~, ~ \ a Minnesota limited liab1'lity limited partnership. on behalf of the partnership. _ day of 20_. , I ........ I ...) \...... ' I ~' I .....::. t::: 4 (') I ......:::~-26.85 Jim Hentges, Scott County Surveyor By I ~.r::: I "f ($ , ' SB9oJ4'1B.W By I I (y~ \({/.J (\ ~I Notary publi~, , Counly, Minnesota ~''NTY O~~= S It C nt M' t ..... ~ -.J ... M CommiSSion Ex Ires '"''''''I nc,",,,,",,,,,. co ou y, mneso a I P:: I..) ( I Y P I hereby certify that this plat of SLUMBERLANO ADDlnON was filed for record in this office this _ day of 1...lJ ! 1 20~ at _ o'clock _.M. I t - 1 L S8~~~lrw _ \1 I hereby certify that I have surveyed and platted the property described on this plat as SLUMBERLAND ADDlnON; that I <.:: ~ - - - ~ this plat is a correct representation of the survey; that a/l distances are correctly shown on the plat in feet and I ;:C \ I hundredths of a foot: that 011 monuments have been correctly placed in the ground os shown,' that the outside . Scott County Recorder By I I,,) _ \ I ,- /" 1"' boundary lines are correctly designated on the plat; and that there are no wetlands as defined in MS 505.02 Subd. 1, Deputy --" 1- 12 II'-\'~ v I v or public highways to be designated other thon as shown. I I \ (.J SCO" COIJNTY REGISTRAR OF' 711LES r('") I ;> 8 I hereby certify that this instrument was filed in the office of the Registrar of Titles for record this _ day of I ~) I "'=r Y S tt A G"" L d ~ 20-----, ot _ o'clock _.M., and duly recorded as Document No. I ') kI co . '.)'"en, an ~urveyor I I. I ....'-J \.:; Minnesota License No. 23002 I S 2 1 S STA TE: OF' MINNCSOTA By I .. I <- I ,-) II n-r ,..... 9..: COUNTY or Scott County Registrar of Titles Deputy ~~ \ I I tv,...., I tf cs The foregoing Surveyor's Certificate was acknowledged before me this _ day of 20_ by Scott A. I \'s ~ (::J I CI) Gyflen, Land Surveyor, ~ \'s (5 6 I ~ By 1 ~ ~ I i):: ~ I 3 t- ~ Notary Public, County. Minnesota 'i ill I ' ~ ~...: My Commission Expires I '..... '- I ~ III ~ l k - I ~ ;\ I ;~ ~ I ~ 5~ t.J ...) I I' r:=fI<t ",.J () e-(' ~~ /-C I I ,-) 1 ~~ t'.J I I I ~~ f/J I "'" _, I~ I :!ill: ,'-') ~J 1...1 , ---50- I ......., ","" I t--,/ '.;::: I r- I ,------- 110 -------:.. :- " I ' .-SW COR or LOT 6 ~ \L-!'/ : r--T-- ) ,~="OOi)Si9':U'iii"W-:; ~,- 205.00 S89vJ4.,B-w --,' - - - - I I / " nCII Al I A/"'C-c- C-/~)C'-' II nnrr/l1AI / I UL-rll V LJ"/~L...) I Ill....) I nUL/ltlvr v I $-\k ,\k I " "" 'T' '" T '" 1 ~ 1 ~~ I - ~ il ~ - - -"~":'C'_V_ - - - - I. L_ - - -h~~ I~ I ---, 1 r .~ ~;:~ ~ I '\...y)t/ II I I"'nJ'I\11\/ -)n...n A/Il "C; " ~"...JIlf'EAN...V~ k 'Ll S7/4COR. OFSEC. ~ ......VUIVI I hVr1L1 IVLI. ,'-' 60 0 60 120 180 I ,$1 '<: r.:=.....'-\,$J ';"?:t ~~~~'6~.)-... t ~ . . ~t6 \l...-~~I~ , Scale In feel \ COUNTY ROAD 1J3-/ I . \\r ~IC"~~~ . (CANnBURY ROAD) j ":.-::..!;,~ ~-=--d.~ BEARINGS ARE BASED ON THE WEST LINE OF LOr - - 1 reo: Ro.-;;'-- '- 6, BLOCK I, DEAN LAKES THIRD ADDITION WHiCH IS SECTION 9, rollN$H'P 1fS. RANGE: 22 - ~ ~ - - - - - - - - - - ASSUMED TO BEAR N00025'42"W. VICINITY MAP ~ / ~~ . DENOTES IRON MONUMENT FOUND f)<H(6rr B ~~~!:~~~nc. L ~ ~ - -- ----- f~-<--. ~-:- - ~., -- ."- -- -- \{!. ."."" ---=----- Q ,.::::::-- ~ -- ===-. ~ \ -- . -- ::::: :::::: -- -- --=-- -;;~-::;:.-~ .:;s FT. HIGHWA Y EASEMENT ~ ; PER DOC. NO. 81590 I . "" ;Y OUTLOT A a d ~'-: :>600.75 I.,.... I ~/ N0202S'4J-E .., -,~ f'/-}/<:--EL Y LINE OF PARCEL 74, J / L. j/ MINNESOTA DEPARTMENT OF ~ TRANSPORTA nON RIGHT OF A I WAY PLAT NO. 70-11 ~ - - - I I \ \ I '- -SEE DETAIL A I 0 c:. I ri I c:: - . ~ , , ,<, '<''\'1/ ,<. - \ DUn.OT N I :t ~ (, -' I SE1 /4 V)C)- 8c .R ~ Q:~ M.) .........., ~C\j "')~ " I I OUTLOT 0 " } " \ I " \ \ I I " I I co. RD. NO. 16 / - r'" f,> r\ ^ / ,.. ~ ( - - vV. '~v~ _ _ _26:!:.'~ I DEAN LAKES -. I 1$+ ADD/17oN I I I J -'-. ___..__n____ ~K/-IlglT ,C ,.,~ ~ ' \ ,_ " 1\ , I f\ ,,," ;" .' I . '" - ..". -. '. 'Ie:: o - UL_/l/V L.rl.~\.L__...) cJL.VL/.:!: VIr "~1 '\ , v o~.. .. "M I ,,~e.S. ~ " lln \ ~ ".p." '05007'10'"w : l A,4\, VU.) ~JiI ~ '2 5. 00 I / I L' "< Dh_ 390.07 N8903.f.'0:J''E. _:-~::t~:::~ /- '-':: I \ - _ .... - --r D~AN \ ~--r----T ------- ~~- b \ -_ 228.37 I -- 161.70 -"' v' . t ........~ - I I I I I .. "'.1: Q V-...... "'0 I , ~. .; ~ <<:1", 1!'.:l' _ ...._ I I ~ -'~. V'o <.I' LAKES I l ....-...-DRAINAGE AND I ~"'" 'r";> '& ..t..t. r \ I UTILITY EASEMENT /, J Q~ ~.s.. .s".. PER DEAN LAKES ~I/ 1!l: ;- I FIRST ADDIT1ON-"-- ~ - "V ~o 3'rJ. Adcll\. I-- 12 5 ~It\ 4 L!=J4006'06" I o <'I \ 10l 0<'1 ~ L,.,66.07~"' "' I . ,i I~ R=I71.00 ---__- ........... \R. "'" I $000 l I <>s. N89"J~'18.E NB9034'18.E "<'. 255.67 I, <'.9 S C ...- 87,51 -- ...- -"' . ?...- - t' ... 212.15 -- 197.17 S89034'1S.W ... N89OJ4'18.r I N89"J4'18"[ \ I [- 1B7.85 1\ ........ - 50 I- olQ \ ---- 110 --- I I::!~ 'c~\ 511) I 'Ci~ \ I '<:;- I '0{ (3 I.J..... I ~:<:~ I IJ::: ....'O{J::: I .....~- II) c:\ I .~<:~ ,!.oJ ~ , I / ~ 0 \ I ,- It --- SLUM8fR. LAN 1} ~ ~ lJ::: Oc I :) ~ __ 8 if- ['0 II) : I S rr~ V) 0- ~ I ,- n' lorl 1'1'T" ", 1..1 , g ~::: I I VVIL.Vl '" - :i!: I > I I <- 1 ~C : ,." ,.,., ,.,.,. ,., \ J \ \.) VVI4.VI \.I( \........... so. , 1 -...._ '9()3~"8- I -' I I 26.85 it' r - I ,!.oJ /(-:; I fr\ II) ~~ \L \/ I " \.... J .,.: -~ ~ It\ \..(' (v, ....J ~ 'b~ I I I~ .0 S) II) I I~ I > " <- I I C::) \ Ol 6 7 0 --=c I If) 0\ <'I ,!.oJ ~Ol C) I )..>: iJ:: ... ~ If) I ~ I ~g :'t- t:> 'Cibl I If) . I :::'0 ~iO I~~ I , t:> "I- ,- ~f5 ~ ..., ~- I 'O{ll. > I ~~ ~~~ <- \ 1\ :) I ~~ "l:-o,l, C) " \ .... I ~II) ,(" (' I ' ) t:>~ J'" hi I ...- _\ 50 L I ---- 110 --- I ) S89"J4'18"W \ \ I ---------- 205.00 -- ,_- 195.00 -- I - ,'- 110.00 -- 1024.72 1 -~ " c- 1\ ^ I I 1\ I<"r-....... r-I ..,........, ,!.oJ ""- ULnl v L rlT \ L ~, - ,l-h, _..... J 1 \..... I <'110 - - - - - - - ---=:---- - - - - :f" t:> ~ lei - -.....-.. o 110 8 - f~H IS{T r;1/4 COR. OF SEC. ~l. ,0 ~. T. /1:;, R. 22 1""" '^ IT\/ v<VVIVII ..,~ I I I , ^ 11'"\ I -~ 1 IVV. 1 vi I ~ Q I , '.....1 "r\ \ I I~ NB9OJ4'03"'E , I I J_ \ efLvu.1 I , \ I \ RLS ~ ~ , ~ ",'" #Jq~ (' I 0 "J ~8 If J..' ,... ~t J ' , I .... 1-:(1) (' ~ ~ (.J ~~ . TRACT A - ~.J "'tb1~ 0 l..Jl5u If) C "-... ~:...oo, ~ "-... ~!:::!::l~ ~~ei~ ,S89O;j4'1S"W 1 0::>Q.t: 1,- 124.64 -, I I - .II -\ ' \ -;;.- '::"12.69 I \ I - - - ~ / i~sooo.?s' .. b" ~'}; ~.? c: , 0":1 - 50 589 J4'18"W ,c,"'" I ;H I l<J /..J 5LVMB'E a.. Lmll> '" 02 .'t I It) , .J;: '" " c ..... UNO SirE ~ J..''- I , , ,- f " 109 "'- I Q:: 't q) :) 1$)'.10..1.1 -, 't 19'.J';;-_ ( '" I I [tJ ~ kJC B[.C~'g .., I Q:: 1 Ll' . 1 <'.: · ~ I-~ ~It) 0 '" I 1 . - l::: ~ I . -,. ~ ~I ~ ~~ ~ < '- S89OJ4',8"W '"'( C ~ oat) \ "'-~-26.85 ~ I () <'.: 8~ -1 '_. 0 IS89034'1;W ( ') ~ I I I I' 1..11 \ ,-104.50 < \ " -, tr\ ~ ,\.- / I ~ ",' c...., v ,t; I '\J I TRACT 8 " TRACT C ~ I C) I ItS -,. I- 12 ~ < - I ~ I I c:,) ~ Ill) ~ '"'( It) ~o, . I .... :... ~ I C) ~ 0.... ~ I u l' I -.I ~(j ~~ J... It') ~ 1:::0 l~k , ~ I ::>0 ~ ,- I ~ !::lei _0 1-- ~ -.I ::j ~Q.~ ;;; ....'t., VI- ~~ I ~ t5~~ 't I ~~ :) I /~ ~~t "- () ",'" '---I ",(Vlc:i ~'- I I () lS~<'.: l.~ ~ ) .. /1 (S~ .II _I -/ v . 50 I I --- 110 --- l- r~ .,' I I /-SW COR. OF LOT 6 I , 200 ) S890J4'18"W \ 20S.00 -..... 1,.- 195.00 -, 1 -- I ---------- 400.00 589O.J4'18"W -' \ ' 110.00 -- feet I r\ C- 1\ " } I It J<'c.-;-; C-ICJ;:-" A r. r\ "1 n " I UL_111 v Ll1r\L_~ r7 I \...d I OL/UUn/VI v -~ ~ ~ 1'"\1"1 nT n VUIL.VI v "'IC cy-HIBiT-g - - - - - - - - - .:ot' 0 It) . ~I:g S? - .,'. ., 056-;;''1 T ,. Doc. No. T 167755 , Doc. No. A 701266 Vol. 123 Page 123 Cert. 40300 OFFICE OF THE COUNTY RECORDER OFFICE OF THE REGISTRAR OF TITLES scon COUNTY, MINNESOTA scon COUNTY, MINNESOTA Certified Rled and/or Recorded on Certified Filed on06-13-2005 at 08: 1 0 06-13-2005at08: 1 0 Receipt: 000000 . Pat Boeckl11an,~egistrar of Titles 04 Pat Boeckman, County Recorder 04 Fee: $19.50 Fee: $ 19.50 CERTIFICATION OF RESOLUTION NO. 6213 I, Jeanette Shaner, Deputy City Clerk for ~City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. 6213 presented to and adopted by the City Council of the City of Shakope,e at a duly authorized meeting thereof held on the l?th day of March, 2005 as shown by minutes of the meeting in my possession. Dated this 8th of June, 2005. S?;c1&af/ ~cJ Je ette Shaner, Deputy City Clerk '. 1'" ;>", " ',+-- J 0<H 1611 p- < CORRECTED RESOLUTION NO. 6213 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING DEAN LAKES RETAIL CENTER PLANNED UNIT DEVELOPMENT #26 WHEREAS, Ryan Companies is the Applicant and Owrier of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: Outlots Nand Q, Dean Lakes First Addition, Scott County, Minnesota; and WHEREAS, the Planning Commission of the City of Shako pee reviewed the request for the Planned Unit Development on March 3,2005, and recommended its approval; and WHEREAS, all notices of the public hearing for the Planned Unit Development were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council reviewed the request at its meeting of March 15, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Dean Lakes Retail Center Plarmed Unit Development (PUD) No. 26 is approved subject to the following conditions: 1. Development of the proposed Lots 1 through 5, Block 1 shall generally comply with the site plan prepared January 20,2005, attached as Exhibit F. The remainder of the parcels are not required to comply with the schematic site plan illustrated on Exhibit F, however, development of those areas are required to comply with the requirements of the approved retail center PUD and City Code. Additional review process shall be necessary for Conditional Use Permits or request of approval for variations from the retail center PUD or City Code requirements. 2. Development of the Lowe's building shall be consistent with the elevation plans dated January 19, 2005. 3. A CUP allowing a use with a drive through facility is approved for proposed Lots 3 and 4, Block 1, subject to the following conditions: i. Shall be screened to a height of 6 feet from any adj acent residential zone. ii. Shall not have a public address system which is audible from any residential property; and iii. Shall provide stacking for at least 6 vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback. 4. A CUP allowing a Class IT restaurant is approved for proposed Lots 2 and 5, Block 1, subject to the following conditions: 4 , r i. If serving liquor, shall not be located on a lot or parcel ofland adjacent to any RIA, RIB, or Rl C zone; and ii. If located within 100 feet of a residential use, shall limit its hours of operation to between 5 am and 11 pm. 5. A CUP allowing an open sales lot in the form of a garden center on Lot 1, Block 1 shall be allowed, subject to the following conditions: i. Shall be screened from any adj acent residential zone; ii. Shall not have a public address system which is audible from any residential property; iii. Shall be kept neat and orderly; iv. Shall not have any uses in any required front, side, or rear yard setback or in any required parking area; and v. Shall not block any sidewalk. 6. All items available for sale shall be limited to the interior of the principal Lowe's structure and the garden center. Sidewalk sales shall be limited to the areas and materials shown on Sheet 10 dated March 10, 2005. No sidewalk display shall be 7.5 feet either side ofthe FDC for fire protection purposes. 7. Rental vehicles (including any motorized vehicle or trailers) shall be parked only within the striped parking stalls of the Lowe's parking 10t. 8. No display of items shall be allowed on the exterior walls of the building. 9. Shall not have a public address system from any part of the retail center PUD which is audible from any residential property. 10. The maximum impervious surface percentage requirement shall be applied to the Highway Business (B 1) zoned property within the entire Dean Lakes development rather than individual phases, subject to the submission of revised stormwater calculations that meet the satisfaction of the City Engineer. 11. Multiple structures per lot shall be allowed within the PUD subject to the conditions outlined in Section 11.87, Subd. 2.K. 12. The retail center PUD shall allow a zero side yard building setback for Lots 6 and 7, Block 1. 13. The retail center PUD shall allow for zero foot parking lot setbacks from property lines along interior lot lines. 14. The retail center PUD shall allow the exclusion of interior utility easements. 15. Lots without public street frontage shall be allowed ifproper cross easements are provided to ensure accessibility. 16. Landscaping requirements shall be verified at the time of building permit review. The applicant shall be required to submit to the City a landscaping bond in an amount equal to 115% of the value of the landscaping to ensure compliance with this section during the first year after planting. 17. Landscaping plans shall be revised to reflect the requested changes listed in the February 2, 2005 memo from the Parks and Recreation Landscape Designer and building pennits submissions shall reflect those changes. 18. At the time of building permit review(s), shall submit a lighting plan for the project area to verify that on site lighting is not spilling over to adjacent properties and is in compliance with the lighting requirements of the City Code. 19. All mechanical components, including but not limited to, rooftop components, on site shall be screened. Said screening can be accomplished through painting, paneling or other material as deemed acceptable by the Zoning Administrator. S 20. Trash compactors shall be fully screened from view. Other trash receptacles, including but not limited to dumpsters, shall be stored in fully enclosed areas, including the top. 21. Building materials used on the sides and rear of the building(s) shall be of the same or similar materials and colors as the front of the building(s). 22. Project signage within Dean Lakes Third Addition is limited to the number, size, and height requirements of the City Code. 23. The area identification signage for the overall Dean Lakes development shall be limited to number, size and height requirements of the City Code. 24. Wall signage within Dean Lakes Third Addition shall be limited to the number, size and height requirements ofthe City Code. 25. Shall provide an intemal pedestrian access system to be reviewed at the time of building permit review. 26. Shall provide access points in locations approved by the City Engineer to ensure proper ingress/egress to the site. 27. Staff shall verify that the retail center is in compliance with its requirement prior to the issuance of any Certificate of Occupancy within the retail center. 28. Loading facilities shall comply with the requirements of Section 11.63. 29. The ownership, operation and maintenance of the private driveways within the PUD shall be the responsibility of the developer and/or its assigns and shall not be accepted by the City. 30. Irrigation system shall be provided for the landscape islands and perimeter landscaping. 31. Any required or desired noise mitigation, at time of development or some future date, shall be the responsibility of the developer and/or their assigns. Adopted in ~ session of the City Council of the City of Shakopee, Minnesota, held the 15th day of . arch 005. ATTEST: . 24t1~) ~0'/.J y_a:~ Ity Clerk PREPARED BY: City of Shako pee 129 South Holmes Street Shakopee, MN 55379 --:-:~ "~.~ ---. ---------._-- 6 I ;', oSlJd-7 RESOLmON NO. 6214 A RESOLUTION OF TIlE CITY OF SHAKOPEE, MINNESOTA APPROVING THE PRELIMINARY AND FINAL PLAT OF DEAN LAKES TIDRD ADDITION WHEREAS,; Ryan Companies, applicant and property owner, has made application for preliminary and final plat approval of Dean Lakes Third Addition; and "WHEREAS, the subject property is lega11y described as; Outlots Nand Q, Dean Lakes First Addition, . according to the recorded plat thereot Scott County, Minnesota; and WHEREAS, the Planning Commission recommended approval of the proposed preliminary plat with conditions; and WHEREAS, on March 15, 2005 the City Council reviewed the proposed preliminary and fInal plats. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the preliminary and final plat of Dean Lakes Third Addition is hereby approved subject to the following conditions; 1. The following procedural actions must be completed prior to the recording of the Final Plat: A. The plat applications shall be revised to eliminate the proposed Outlot A from Dean Lakes Third Addition. B. Approval of title by the City Attorney. C. Execution of a Developers Agreement with provisions for Plan A and Plan B improvements, 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 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, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's most current Fee Schedule. - ............ 8 [)(H(8 rr b 6. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission approve the Final Construction Plans and Specifications. 7. Developer shall pay existing levied special assessments or may request with the application for the final plat, that special assessments be reapportioned against new lots. If request is approved, developer shall pay the current fee for reapportioning assessments and agree to the City Engineers reapportionment. 8. The applicant shall obtain the necessary approvals/permits for proposed improvements within the Scott County right-of-way. 9. The applicant shall obtain the necessary approvals/permits for proposed improvements within the City of Shako pee's right-of-way and drainage and utility easements. D. Easements shall be shown on the Final Plat as approved by the City Engineer. E. All proposed sanitary sewer and storm sewer shall be private. The survey data (length and bearings) shall be shown for each lot. F. Temporary street signs shall be provided until such time that permanent street signs are installed. G. Shall provide electronic {Auto CAD) files of the Final Plat to the Engineering Department. H. The applicant shall address all comments made by City staff on the submitted plan sets. The requested revisions will be forwarded to the applicant for their use. II. Following approval and recording of the fmal plat, the following conditions shall apply; A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. Construction debris shall be contained. Any windblown construction debris shall be collected weekly. C. The developer and/or their assigns shall be responsible for any required or desired noise mitigation measures. D. The developer and/or their assigns shall be responsible for the maintenance of all areas held in common ownership. Adopted in regular session of the City Councll of the City of Shakopee, Minnesota, held the l!2!i day of .l7la'ld/ . . 2005. v#--- City of Shakopee ATTEST: 1 ~~~)~dZ<~~ -...,.... --'.-..---- - '.~._- ~ 9