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12.A. Preliminary and Final Plat of Evergreen Heights 2nd Addition-Ord. No. 799-Res. No. 6780
CITY OF SHAKOPEE ~ ~ ~ ~ Memorandum CASE NO.: 08-022 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner II SUBJECT: Preliminary and Final Plat of EVERGREEN HEIGHTS SECOND ADDITION MEETING DATE: June 3, 2008 REVIEW PERIOD: March 28 -July 25, 2008 DISCUSSION Gregory McClenahan, on behalf of Evergreen Heights Townhomes Limited Partnership, has submitted an application for preliminary and final plat approval of EVERGREEN HEIGHTS SECOND ADDITION. The subject site is approximately 6 acres, and is a replat of Lot 2, Block 1, EVERGREEN HEIGHTS, and the adjacent lot purchased from MNDOT (remnant right-of--way parcel). The purpose of this replat is to combine these two parcels, thereby allowing the applicant to construct a storage structure on that portion of the property. Other departments and agencies have reviewed the application. Staff has noted that this plat is not in conflict with the conditions outlined in the original Final Plat resolution for EVERGREEN HEIGHTS. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the preliminary plat at its May 8, 2008 meeting, and by a7-0 vote, recommended approval of the preliminary plat application, subject to conditions. The Planning Commission report is attached to this report for the Council's reference. VISIONING RELATIONSHIP This action supports: Goal D: "Vibrant, resilient and stable" ALTERNATIVES 1. Approve Resolution No. 6782, approving the Preliminary and Final Plat for EVERGREEN HEIGHTS SECOND ADDITION, subject to the conditions presented. 2. Approve Resolution No. 6782, approving the Preliminary and Final Plat for EVERGREEN HEIGHTS SECOND ADDITION, subject to revised conditions. 3. Do not approve the preliminary and 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. 6782, a resolution approving the Preliminary and Final Plat of EVERGREEN HEIGHTS SECOND ADDITION, and move its adoption. Mark e Planner II h:\cc\2008\06-03\ppfp evergreen hts 2"d 08022.doc RESOLUTION N0.6782 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE PRELIMINARY AND FINAL PLAT OF EVERGREEN HEIGHTS SECOND ADDITION WHEREAS, Gregory McClenahan, on behalf of Evergreen Heights Townhomes Limited Partnership, applicant and property owner, has made application for preliminary and final plat approval of EVERGREEN HEIGHTS SECOND ADDITION; and WHEREAS, the subject property is legally described as: Lot 2, Block 1, Evergreen Heights, Scott County, Minnesota; and That part of the Northeast Quarter of the Southeast Quarter of Section 8, Township 11 S North, Range 22 West, Scott County, Minnesota, shown as Parcel 63A on Minnesota Department of Transportation Right of Way Plat Numbered 70-7 as the same is on file and of record in the office of the County Recorder in and for said county, described as follows: Beginning at Right of Way Boundary Corner B8 as shown on said Plat No. 70-7; thence northerly on an azimuth of 350 degrees 34 minutes 40 seconds along the boundary of said plat for 80.00 feet to Right of Way Boundary Corner B7; thence on an azimuth of 260 degrees 34 minutes 40 seconds along the boundary of said plat for 98.39 feet; thence on an azimuth of 119 degrees 41 minutes 31 seconds for 126.81 feet to the point of beginning; and WHEREAS, the Planning Commission reviewed the preliminary plat on May 8, 2008, and recommended approval of the plat with conditions; and WHEREAS, the City Council reviewed the proposed preliminary and final plat on June 3, 2008. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the preliminary and final plat of EVERGREEN HEIGHTS SECOND ADDITION is hereby approved subject to the following conditions: I. Prior to review of the Preliminary and Final Plat by City Council, in accordance with the subdivision ordinance: A. .The applicant shall vacate that portion of drainage and utility easement that lies along the southwest portion of the property, adjacent to the common property line between Lot 2, Block 1, EVERGREEN HEIGHTS, and former Parce163A of MNDOT Right-of--Way Plat No. 70-7 (That portion of the drainage and utility easement, as dedicated in the plat of Evergreen Heights, that begins at the southwest corner of Lot 2, Block 1, and runs easterly a distance of 143.38 feet at a bearing of S 80 degrees, 35 minutes 58 seconds West , and then runs southerly for a distance of 80 feet at a bearing of N 09 degrees, 24 minutes, 02 seconds West). II. The following procedural actions must be completed prior to the release of the Final Plat for recording: A. Approval of title by the City Attorney. B. The applicant shall make the necessary corrections to and/or elimination of signatures on the plat title page. C. Rename the plat EVERGREEN HEIGHTS SECOND ADDITION. D. Execution of a Developer's Agreement, which shall include provisions for security for public improvements within the plat and any fees as required by the City's adopted fee schedule. 1. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Provide electronic (AutoCAD) files of the Final Plat and all record drawings to the engineering department. 4. Easements shall be shown on the Final Plat as approved by the City Engineer and Shakopee Public Utilities Commission. III. Following approval and recording of the Final 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. No landscaping, ponding, berming, fencing or signage shall be permitted within the public right-of--way. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held the day of , 2008. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk CITY OF SFIAKOPEE Memorandum CASE NO.: 08-022 TO: Shakopee Planning Commission FROM: Mark Noble, Planner II SUBJECT: Preliminary Plat of EVERGREEN HEIGHTS SECOND ADDITION MEETING DATE: May 8, 2008 REVIEW PERIOD: March 28 -July 25, 2008 SITE INFORMATION: Applicant: Gregory McClenahan Property Owner: Evergreen Heights Townhomes Limited Partnership Location: Evergreen Heights Subdivision, adjacent to Vierling Drive Existing Zoning: Medium Density (R-2} Residential Zone Adjacent Zoning: All adjacent zoning is Medium Density (R-2) Residential Zone, except for adjacent Highway 169 to the South Comp. Plan: Residential MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Location and Zoning Map Exhibit B: Proposed Plat and Exhibit Plans DISCUSSION Gregory McClenahan, on behalf of Evergreen Heights Townhomes Limited Partnership, has submitted an application for preliminary and final plat approval of EVERGREEN HEIGHTS SECOND ADDITION. (Exhibits A and B). The subject site is approximately 6 acres, and is a replat of Lot 2, Block 1, EVERGREEN HEIGHTS, and the adjacent lot purchased from MNDOT (remnant right- of-way parcel). The purpose of this replat is to combine these two parcels, thereby allowing the applicant to construct a storage structure on that portion of the property. Other departments and agencies have reviewed the application. Staff has noted that this plat is not in conflict with the conditions outlined in the original Final Plat resolution for EVERGREEN HEIGHTS. The Planning Commission's responsibility in this application process is to provide the City Council with a recommendation on the preliminary plat. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council the approval of the Preliminary Plat of EVERGREEN HEIGHTS SECOND ADDITION, subject to the following conditions: Y. Prior to review of the Preliminary and Final Plat by City Council, in accordance with the subdivision ordinance: A. The applicant shall vacate that portion of drainage and utility easement that lies along the southwest portion of the property, adjacent to the common property line between Lot 2, Block 1, EVERGREEN HEIGHTS, and former Parcel 63A of MNDOT Right-of--Way Plat No. 70-7. II. The following procedural actions must be completed prior to the release of the Final Plat for recording: A. Approval of title by the City Attorney. B. The applicant shall make the necessary corrections to and/or elimination of signatures on the plat title page. C. Rename the plat EVERGREEN HEIGHTS SECOND ADDITION. D. Execution of a Developer's Agreement, which shall include provisions for security for public improvements within the plat and any fees as required by the City's adopted fee schedule. 1. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Provide electronic (AutoCAD) files of the Final Plat and all record drawings to the engineering department. 4. Easements shall be shown on the Final Plat as approved by the City Engineer and Shakopee Public Utilities Commission. III. Following approval and recording of the Final Plat, the following conditions shall aPP1Y 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. No landscaping, ponding, berming, fencing or signage shall be permitted within the public right-of--way. ALTERNATIVES 1. Offer a motion to recommend to the City Council the approval of the Preliminary Plat, subject to the conditions as presented by staff. 2. Offer a motion to recommend to the City Council the approval of the Preliminary Plat, subject to revised conditions. 3. Offer a motion to continue the public hearing to request additional information from the applicant and/or staff. 4: Offer a motion to table a decision and request additional information from the applicant and/or staff. 5. Offer a motion to recommend denial to the City Council of the Preliminary Plat. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the Preliminary Plat of EVERGREEN HEIGHTS 2"d ADDITION, subject to the c nditions presented by staff, and move its adoption. 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F~s~~r ~ _ .dRANdAGE "W IN~~ a,'~m ~ r I A .r r ~ ~ ~ / ~ 0 DENOTES 7/2 HlCH X 74 1NCH IRON PlPf 1 EJ~T~A~~"J ~ A~ ~r 7.~6, ~ o _ ~~y.r ~E~RC>i~^' F- I A V A ~ }L-n 1 I SET AND MARXED BY LICENSE N0. 42309 ~ r'rJ ~ 1 L' J r9 ~ 4738 - 5~ tlNE DF I T V V n -d-d- OENO7ESRlGHiDFACCESSTOSCOTfCOUNiY J,AIAIAIf-~~%; ~L„1 rtI\11V l ~r ~`>TAi+~~~ J`I\7rir LJI AS OEO1CH iE0 !N hh' PCAT OF EGERGREEN HEIGHTS V I y L- I JVI IC ~ TL1 A R~ J ~)v11 I /"s P~L~ srrxr~NC co., P~. ' t'r I SH~'~'T ,2 OF 2 SH~'~'TS