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HomeMy WebLinkAbout4.A.2. Request for Issuance of building permits in Dakota Highlands first addition Consent Business 4. A. 2. S►H AKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Senior Planner DATE: 11/18/2014 SUBJECT: Request for Issuance of Building Permits in Dakota Highlands First Addition (B) Action Sought The City Council is asked to determine whether to allow the issuance of building permits in the plat of Dakota Highlands First Addition before "substantial completion", as defined in Resolution No. 6059. Introduction Ryland Homes have requested that they be issued building permits for houses prior to completion of certain public improvements (sidewalks). They have provided a plan for their project, noting which lots are up for consideration. 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: a. The number of building permits to be allowed for lots with sidewalks shall be a fixed number {staff determined six (6)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 shall be given until the concrete sidewalks are installed and concrete cured for seven(7) days. Attached for the Council's information are: a)the October 22, 2014 letter from Tracey Rust, Entitlement Manager with Ryland Homes, making the request, b) a plan identifying the six (6) lots in question, c) Bruce Loney's memo and the related Resolution No. 6059, and d) a copy of Resolution No. 7457, approving the final plat of Dakota Highlands First Addition. Alternatives 1. Offer and pass a motion approving the issuance of up to six(6) building permits in Dakota Highlands First Addition, subject to the following conditions: a. The number of building permits to be allowed for lots with sidewalks shall be a fixed number {staff determined six (6) 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 shall be given until the concrete sidewalks are installed and concrete cured for seven (7) days. 2. Offer and pass a motion approving the issuance of a certain number of building permits in Dakota Highlands First Addition, as determined by Council, subject to revised conditions. 3. Deny the request to issue building permits for lots with sidewalks in Dakota Highlands First Addition. 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 Highlands First Addition, subject to the four(4) conditions recommended by staff in Alternative No. 1. Attachments: Ryland letter& sketch Bruce Loney memo 1st Addition Resolution Resolution No. 6059 RYLAND HOMES' TWIN CITIES DIVISION 7599 Anagram Drive Eden Prairie,MN 55344 952.229.6000 Tel 952.229.6024 Fax www.ryland.com October 22,2014 Mark Noble Planner II City of Shakopee 129 S. Holmes Street Shakopee,MN 55379 RE: Dakota Highlands—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 Highlands currently has streets being complete by the end of October. Gas, phone, cable, and electric are scheduled for November. Due to weather conditions, city sidewalks would be scheduled for spring 2015. Ryland Homes requests that the requirement for city sidewalks be waived for six(6) lots in Dakota Highlands First Addition. With Ryland being both the developer and homebuilder in Dakota Highlands, 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 2015 installation of the city sidewalks. Barring any extremely unusually spring weather, Ryland would plan to have the city sidewalks completed no later than May 31,2015. Ryland appreciates the city considering this request to waive the completion of city sidewalk requirement for building permits. Please call me at (952) 229-6063 if you have any questions with this request. Sincerely, Tracey Rust,PE Entitlement Manager Ryland Homes,Twin Cities CC: Bruce Loney,Public Works Director,City of Shakopee 1%4 t : ., il g N ilEi WI 11 i ' ' d i'�4:!i 85 F-------5. I° W —�; :ill p;:; z il. y z-I ,£ " b w1, , iuti I ! r I I 1 ..__...._ ' r nee ,- N ncn _ Lmt Z L ; R 1§°L N t`1 Y 5g L I— �� n y L �3AINa 3NV1 ONINdS 25• [J N N of f 1 € $ R CJ / I 1`7.- s / W / N., _ tie = / j r. C. i / �' I i t£ m / LL_ 0 I E , �'°� o // / o: / S 0 , /iiiii CJ / If L fin ' rZb 'C O W �'l Z 1 :J cWnSUMM -Hltlh .� I tj Q ! t .41 �� KT 7 vs I J I i 14 o yea 6� '� n i O / <° e° �° • R I g.g. RS it O 'C ht W _ , I W g L., W 5 b I `t 1 S Sp CD C•v co m <7. :I � `3 I 'L : 8> - - r O I w if ne ---/ 0 / g r, Y,>< 31DNI3 I1IH831VIf1S Q > o YA / V I N a I LV ti CJ M o': a»ii—_..—I __ a LE Mkt LLL,R'.00N axn :1.°� ::�7�' rsc : I�°, I I L,� I I :I S H,, . 3 H C I i �w °F a�' '13 I 1 / 1 I,c I :a1 I I MILL tit awsNw':Nf / I:/ i t7 I ighI I 5' ! Iii! IP1I - .1 1 f C4 ! ;fl ;g: CITY OF SHAKOPEE Memorandum TO: Mark Noble, Planner II FROM: Bruce Loney, Public Works Director SUBJECT: Dakota Highlands—Request for Building Permits without City Sidewalks installed DATE: October 29, 2014 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. (no more than 6) 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 Lone Public Wo s Director ENGR/2014-PROJECTS/COUNCIL/MEM0 DAKOTR HIGHLANDS RESOLUTION NO. 7457 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE PRELIMINARY AND FINAL PLAT OF DAKOTA HIGHLANDS FIRST ADDITION WHEREAS, The Estate of James Zoschke,property owner, and The Ryland Group, applicant, have made application for preliminary and final plat approval of Dakota Highlands First Addition; and WHEREAS,the subject property is legally described as: The Southwest Quarter of the Southwest Quarter, Section 13, Township 115, Range 22, Scott County,Minnesota; and WHEREAS, the Planning Commission reviewed the preliminary plat on June 5,2014,. and recommended approval of the proposed preliminary plat with conditions; and WHEREAS,on June 17,2014,the City Council reviewed the proposed preliminary and final plat. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA THAT THE PRELIMINARY AND FINAL PLAT OF DAKOTA HIGHLANDS FIRST 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. Rename the plat to Dakota Highlands First Addition. C. Execution of a Developer's Agreement, which needs to include provisions for security for public improvements within the subdivision and payment of the Street and Utility Fee and the Watermain Fee. D. Payment of all Storm Water Management Plan Review Fees need to be made, as required by the most current City of Shakopee Fee Schedule. E. Payment of the Trunk Sanitary Sewer Charge needs to be made, as required by the most current City of Shakopee Fee Schedule. F. Payments of the Trunk Storm Water Charge and Trunk Storm Water Storage and Treatment Charge need to be made, as required by the most current City of Shakopee Fee Schedule. G. Payment of the Sign Installation Fee needs to be made, as required by the most current City of Shakopee Fee Schedule. H. Payment of the Bituminous Sealcoat Fee needs to be made, as required by the most current City of Shakopee Fee Schedule. I. Provide electronic files (AutoCAD and Portable Document Format) of the Final Plat to be recorded with datum on the Scott County coordinate system. 1 J. 21st Avenue East is incorrectly denoted as "21st Avenue South". Please revise. K. 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(Eagle Creek Boulevard)intersection. L. Outlot A needs to encompass the storm water basins and their approved high water levels. It will be deeded to the City of Shakopee. M. Easements need to be shown on the Final Plat as approved by the City Engineer. They will include,but are not be limited to,the following: • Minimum drainage and utility easements for public sanitary sewer and storm sewer need to be dedicated per the City of Shakopee Design Criteria, Section 10.1 (A-D). The easements need to be centered on the public utility alignments. • Provide a minimum of twenty-eight(28)feet of drainage and utility easement centered on the storm sewer between CBMH-217 and CBMH-216. • Provide a minimum of thirty-four(34)feet of drainage and utility easement centered on the storm sewer between CBMH-213 and CBMH-212. • The drainage and utility easements from CBMH-218 to CBMH-211 may need to be increased to depending upon the hydraulic grade line of the storm sewer. • Provide a minimum of twenty-eight(28)feet of drainage and utility easement centered on the storm sewer between CBMH-112 and STMH-111. • Provide a minimum of twenty-two(22)feet of drainage and utility easement centered on the storm sewer between CB-123 and STMH-122. • Provide a minimum of twenty-six(26)feet of drainage and utility easement centered on the storm sewer between CBMH-312 and STMH-311. • The applicant will provide a minimum of ten(10)feet of drainage and utility easement to the north and to the south of the sewer from CS-209A/B to FES- 294A/B. • The applicant will provide a minimum of ten(10)feet of drainage and utility easement adjacent to the lot lines of Outlot B. N. Park dedication fees in the amount required by the City Code and adopted City fee schedule shall be paid at the time of recording of the final plat. Cash in lieu of land is recommended. O. The applicant shall provide the necessary right-of-way and easements for construction of the access and turning lanes at Spring Lake Drive and Eagle Creek Blvd., as well as design the roadway shoulders and ditches consistent with Scott County requirements. II. Following approval and recording of the final plat,the following conditions shall apply: A. The applicant will install a bituminous trail along County Road 16(Eagle Creek Boulevard) from the east property line to Foothill Trail. This trail shall be a minimum width of 8 feet. B. The applicant is required to install sidewalk on the west side of Summerhill Place across lots 101-104 as indicated on the preliminary plat dated March 25, 2014. The sidewalk must connect to the trail constructed between lots 104 and 105. C. The applicant is required to work with the City to install a 10 foot trail between lots 104 and 105 as indicated on the preliminary plat dated March 25,2014. The trail must be within the drainage and utility easement and connect Summerhill Place to the southernmost property line of the development. The applicant shall receive credit towards the park dedication requirement for the construction of this trail segment. The cost estimate of the trial must be submitted to the City prior to the trail construction in order to ensure the fair market cost of construction. 2 D. The applicant shall provide and install park, open space, and trail boundary signage as determined to be needed by the city. E. All trails and sidewalks be constructed to meet ADA requirements or guidelines. F. A summary of the tree removal/replacement is as follows: #Significant Trees #Heritage Trees Replacement Removing 167 2 117 Total Replacement 117 trees G. Before any woodland alteration takes place, a financial security in form of cash,letter of credit, or escrow,in favor of the City,is to be provided in the amount of$35,100 (117 replacement trees*$200*1.5=$10,500). This security will be held for two years from the time of tree installation and inspection. The warranty period will not begin until installed plants are inspected by City staff and determined acceptable. Call the Shakopee Natural Resources Dept.to schedule inspection,952-233-9511. H. Tree protection fencing/silt fencing must be install and inspected by City staff before any grading or woodland alteration takes place. 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. The following trees are not accepted as replacement or landscaping trees*: 1. Maple(Ater) 2. Ash(Fraxinus) 3. Spruce(Picea) 4. Apple (Mains) *Due to genus making up a high percentage of Shakopee's urban forest or the threat of insect/disease. J. No more than 1/3 of the required landscaping trees may be any one species. K. 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). L. Replacement trees shall be planted according to the following conditions: 1. Trees shall be planted a minimum of six feet from impervious surfaces. 2. Trees shall be planted a minimum of ten feet from property lines. 3. Trees shall not be planted in easements containing utilities. 4. Trees shall not be planted in City owned right-of-way. 5. Trees shall not be planted below overhead utilities. 6. Trees shall not be planted below high water levels(HWL)in existing or created ponds or wetlands. M. `The City of Shakopee,MN B&B Tree Planting Detail' or planting detail displaying the same specifications shall be placed on the landscaping plan. If the installed trees do not meet these specifications or trees are determined unhealthy by City of Shakopee staff they will be removed and replaced at the expense of the applicant. N. Soil compaction for all non-structural landscaped areas shall be between 75%-80%of Standard Proctor(maximum dry density) or not to exceed 200PSI for a minimum of the top 18" of soil. Compaction samples 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 3 installation of landscaping begins. Samples shall be randomly taken with even coverage of all landscaped areas. Submit sample results to Jacob Busiahn (jbusiahn@a,shakopeemn.gov)in the Shakopee Natural Resources Department. This specification must be placed on the grading and landscaping sheet. 0. Establish a conservation easement over the trees on the southern area of the site(Lots 102-108,and 118-124),from the back of the property line to the approved grading limits. P. 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. Q. Irrigation systems shall require rain sensors. R. Building construction, sewer,water service,fire protection and access shall be reviewed for code compliance at the time of building permit application(s). S. The developer and/or their assigns shall be responsible for any required or desired noise or dust mitigation measures. T. The applicant shall meet the design and performance standards,including screening and landscaping ordinance requirements,of the City Code. U. Any noise mitigation shall be the responsibility of the developer or successors—in- interest. III. Following approval and recording of the final plat,the following conditions need to be addressed/completed prior to approval of a grading permit and/or a street and utility plan: A. The applicant shall obtain final approval of the site's storm water management plan. B. The applicant will obtain the necessary permission,right-of-way and/or easements to perform all work offsite. C. The applicant will obtain the necessary Scott County permits/approvals. Copies of these permits/approvals will be provided to the City. D. The applicant will obtain a National Pollutant Discharge Elimination System construction site permit prior to any land disturbing activity. Copies of the permit coverage card and coverage letters will be provided to the City. E. 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. F. 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. G. 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. H. The applicant will line the proposed storm water treatment basin(s)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. 4 I. The applicant will provide wetland type vegetation below the approved high water level of the storm water basins. J. The applicant will provide survey data for the low floor and low opening elevations of I the two existing homes adjacent to the storm water basins west of the subdivision. If their elevations do not meet freeboard requirements as set forth in the City of Shakopee's Comprehensive Water Resources Management Plan,the applicant will need to provide an adequate storm basin design to prevent seepage of water into the structures. K. The applicant will lessen the slopes in the proposed utility corridor from Summerhill Place to Horizon Drive. L. The applicant will provide terraced retaining walls to lessen the proposed nine(9)to ten (10)feet heights. This will allow better access to the adjacent properties rear yards. M. The applicant will provide a pre-cast concrete block retaining wall system. N. The applicant will connect the drain tile associated with the retaining wall to another private drain tile system in the rear of the adjacent lots. This private drain tile can be connected to the public storm sewer system in order to reduce the likelihood of saturated rear yards. O. The applicant will revise excessive slopes between the following lots: • Lots 18, 19 and 20 of Block 1. • Lots 20 and 21 of Block 1. • Lot 102 of Block 3 (as shown on the grading plan,currently in Outlot B)and the existing lots to the west. • Lots 113 and 114 of Block 3 (as shown on the grading plan, currently in Outlot B). P. The applicant will revise the grading plan and/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 8 and 9 of Block 1. • Lots 105 and 106 of Block 3 (as shown on the grading plan,currently in Outlot B). • Lot 1 of Block 3 and Lots 110, 111 and 112 of Block 3 (as shown on the grading plan,currently in Outlot B). Q. The applicant will obliterate the existing field access to the property. R. The applicant will provide an adequate taper for the street connection of 21st Avenue East. The taper ratio/length will be determined by the City Engineer. S. The depth of the sanitary sewer in Spring Lake Drive and 21st Avenue East is to accommodate the low floors of homes on Summerhill Court and Summerhill Circle. Therefore,no trunk sanitary sewer reimbursement will be made for over-depth. It is suggested the applicant investigate raising the low floors of these homes in order to lessen the depth of this sanitary sewer to save construction costs. T. The applicant will provide adequate temporary sediment basins upstream of the storm sewer stubs from CBMH-418 and STMH-115. These temporary sediment basins will remain in place and be maintained by the applicant until the future phases are constructed. U. Class IV fieldstone riprap will be placed at each flared end section outletting to the storm water basins. The riprap will be placed to the bottom of the basins. V. The applicant will investigate future street grades of 21st Avenue East of Spring Lake Drive in order to determine if storm sewer should be extended east from CBMH-416. 5 W. The applicant will revise the alignment of the storm sewer from FES-503 to FES-500 in order to keep it out of Lot 22, Block 1 and allow the future construction of a fence on their northern and western property lines. X. The applicant will shift the storm sewer between Lots 4 and 5 of Block 1 to between Lots 3 and 4 of Block 1 in order to consolidate it with the proposed watermain. Y. The applicant will extend CB-123 to the south into Lot 102 (as referenced on the storm sewer plans)and delete the storm sewer between CB-120 and CBMH-119 (future phase). Z. The applicant will eliminate the storm sewer between CB-220 and CBMH-216 and revise the grades to eliminate additional drainage and utility easements should the hydraulic grade line require them. AA. The applicant will extend storm sewer south of CB-428 to serve the upstream rear yards. BB. The applicant will install sod the full width of all rear yard drainage and utility easements that contain storm sewer. CC. The applicant will provide reinforced turf(geogrid) in all areas designated as maintenance access points by the City Engineer. DD. 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). EE. Proposed low points of streets will be located outside of intersections. FF. 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. GG. 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. IV. Following approval and recording of the final plat,the following conditions need to be addressed/completed prior to issuance of a building permit: A. Record plans of all public improvements 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. B. Outlots shall be platted prior to issuance of any building permits for those lots. C. Any work proposed within the County right-of-way shall require a County permit. D. No berming,landscaping,ponding or signage shall be permitted in the County right-of- way. Adopted in regular session of the City Council of the City of Shakopee,Minnesota, held the day of , 2014. Mayor of the City of Shakopee Attest: Julie Linnihan, City Clerk 6 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 • • herewith are hereby repealed. Adopted in 441,,e/-,t2 session of the City Council of the City of Shakopee, fJ Minnesota held this /,ay=' day of 24;: J ,2004, ATTEST: f City Clerk EXHIBIT "A" "Substantially Complete"shall be defined as follows: • All utilities including sanitary sewer,watermain,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.