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Home My WebLink About5.D.1. Extension Request for Final Plat of South Parkview 5th Add'n ."'~ CITY OF SHAKO PEE S. O. J., Memorandum CASELOG: 09-005 C~~'~dHA~~.T . ~"~ ,(, 'f, ",.' W ., , ~. l' ~)" 1;:.< ~ ~.i ". ,,~ Ufy~~t~\~ ; TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner IT y RE: Extension Request for Final Plat of South Parkview 5th Addition DATE: February 3, 2009 INTRODUCTION & DISCUSSION The City has received a request from Patrick Link:, Link: Construction Inc., to extend the approval of the Final Plat of South Parkview 5th Addition (please see attached exhibits for site location and correspondence). Section 12.10, Subd. 2 of the City Code states that "upon request by the developer, the City Council may extend the approval period for a preliminary or final plat, subject to all applicable performance conditions and requirements. A request for an extension must be filed on or before the expiration date of the preliminary or final plat." The final plat was originally approved on April 19, 2005, and was granted a two year extension on April 5, 2007. Due to unforeseen matters, the applicant is not prepared to proceed with the recording of the plat within the allotted two year extension (April 19, 2009); therefore, they have requested an additional two year extension be granted from that time. The applicant has not proposed any changes to the approved plat. City staff have reviewed one ofthe conditions ofthe approved final plat (Condition #L, Resolution No. 6219, attached), and have determined that park dedication was met in the Preliminary Plat and the Final Plat of South Parkview 1 sf Addition by dedicating 3.16 acres (which is the required 10% of the 31.6 acre plat) as a retention basin. ALTERNATIVES 1. Extend the approval period for the Final Plat of South Parkview 5th Addition to April 19 , 2011. 2. Extend the approval period for the Final Plat of South Parkview 5th Addition by another amount of time. 3. Do not extend the approval period for the Final Plat of South Parkview 5th Addition. 4. Table a decision and request additional information from staff and/or the developer. STAFF RECOMMENDATION Staff recommends the extension of the approval period of the Final Plat of South Parkview 5th Addition to April 19, 2011 (Alternative No.1). ACTION REOUESTED Offer a motion to extend the approval period of the Final Plat of South Parkview 5th Addition to April 19, 2011, and move its adoption. g: \cc\2009/02-03\exfpspv5th09005 .doc Link Construction Inc. 12756 N. Shannon Dr. Shakopee, MN 55379 Ph. (952)496-2038 Fax (952)445-9735 lanuary 8, 2009 City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Regarding: Extension on Plat Resolution No. 6219 . Dear Planning and Zoning Dept. In regards to an approved final plat of South Parkview 5th Addition we at Link Construction Inc. would like to ask for a two year extension of that plat. Please forward this request. to anyone in regards to taking action to this matter. We appreciate your response back to us. Please contact Pat Link at the above numbers or by calling his cel. Ph. at 612-280-3220. Sincerely, .-1 / ./ //7~ -~f--~./' c::; .. / Z v Patrick Link President Link Construction Inc. I ~ ! , ! ! . t'--11= ..,. ' j' - , --~ - -....-.. ..- r-- . ! ,- I ..'" ... - I !! -! ,I!:b- :----- . E ,.: ',,- =- I ~= =:-~ - ....-.. =:=J,= ..'........ _ r-- ," .....,.~.....~- - ~ - -. f--- -f-~, i rn- - III ~ ~- '-'I': .... -.---' r,- ..,.'.. --'.f--:- '- ""j.. ~ "', - j ~i..;'" f---- .., --+R'.te--..,,- _' I". ." -- --1--0. ~_.. '.f_~ tll- -. I--- ~. 1---' 'I ~ --------~----- I --= - '~I'l - -r---~I I~~ .' . I..w-CJ ~~-= C l RIB I - :a'-J-12'ffli\-V.:E '. ~ '---' ~~,. I , 1 '~~II1-0--J .~. ~~ I. 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COMMUNITYPRIDBSINCE 1857 S CJ Zoning Boundary D Parcel Boundary Final Plat - South Parkview 5th Addition , ':'... 05b3Co RESOLUTION NO. 6219 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE FINAL PLAT OF SOUTH P ARKVIEW 5TH ADDITION WHEREAS, Cletus Link, applicant and property owner, has made application for Final Plat approval ofSOUTHPARKVJEW 5TH ADDITION; and WHEREAS, the subject property is legally described as follows: Outlot D, SOUTH PARKVIEW 1st ADDITION, Scott County, Minnesota,. together with the vacated Parlcview Terrace, Park Circle, 13th Avenue, Outlot E, and drainage and utility easements lying northerly o/the North line o/Vierling Drive as now located,' WHEREAS, the Shakopee Planning Commission reviewed and recommended approval of the Preliminary Plat of South Parkview Addition on August 9, 1984; and WHEREAS, the City Council of the City of Shakopee reviewed and approved the Preliminary Plat of South Parkview Addition on August 21, 1984; and WHEREAS, the Shakopee Planning Commission reviewed and recommended approval of the Final Plat of South Parkview 1st Addition on March 14, 1985; and WHEREAS, the City Council of the City of Shako pee reviewed and approved the Final Plat of South Parkview 1st Addition on March 19, 1985; and WHEREAS, all required public notices regarding the public hearing were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard; and WHEREAS, the City Council of the City of Shakopee reviewed the Final Plat of South Parkview Sth Addition on AprilS, 2005 and April 19, 2005; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of SOUTH P ARKVIEW 5TH ADDITION is approved subject to the following conditions: J. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement which shall include provisions for security for public improvements within the Final Plat, payment of engineering review fees, and any other fees as required by the City's most current 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 stonn sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission (SPUC) approve the Final Construction Plans and Specifications. 6. Payment of Trunk Sanitary Sewer Charges shall be made as required by the most current City of Shakopee Fee Schedule. C. Easements shall be shown on the Final Plat as approved by the City Engineer. D. The right-of-way width for Parkview Terrace shall remain sixty (60) feet as dimensioned on the submitted plat drawing. E. The right-of-way width for Park Circle shall remain one-hundred twenty (120) feet as dimensioned on the submitted plat drawing. F. The twenty (20) feet of North em Natural Gas Company easement (per document number 12673) shall remain a drainage and utility easement as shown on the South Parkview 1 st Addition plat. G. As per the South Parkview 1st Addition plat, fifteen (15) feet of drainage and utility easement exists between the Parkview Terrace right-of-way and the Park Circle right-of-way. Issues concerning the vacation ofthe easement or the realignment of lot lines to incorporate the easement shall be resolved. H. The utilities easement must be increased on the side lot lines of Lots 6 & 7 and Lots 11 & 12 from 5 feet to 10 feet on each lot to accommodate installing a watermain between Parkview Terrace and Park Circle. r. Simultaneous to the recording of the plat, a deed restriction shall be recorded on all lots with public sanitary sewer, public storm sewer and/or public watermain adjacent to either a side lot line or a rear lot line. The Deed Restriction shall appear as the following: This conveyance is made conditioned upon and subject to the following restriction. The Grantee, heirs, successors and assigns, are restricted from erecting any fence or other structure within the utility and drainage easements dedicated by plat over the above-described property, except with the prior written consent of the City of Shako pee. This restriction shall run in favor of and be enforceable by the City of Shako pee. J. The applicant shall implement the use of Best Management Practices for erosion control and stormwater management during construction. K. The applicant shall obtain a NPDES permit prior to any land disturbing activity. L. Any applicable park dedication fees shall be paid prior to recording of plat. . , M. Existing special assessments must be paid prior to the recording of the plat or the applicant must agree with the apportionment of the special assessments prepared by the City Engineer. II. Following approval and recording of the final plat, the following conditions shall apply: A. This development shall comply with City Code Section 10.60, concerning noise elimination and noise prevention. Responsibility for other noise mitigation measures that may be required in the future shall rest with the developer and/or its assigns. B. Building construction, sewer, water service, .fire protection and access will be reviewed for code compliance at the time of building permit application(s). C. Watennains to be installed in this development shall provide the necessary looping connections, as required by Shakopee Public Utilities Commission. D. All existing easements are retained. E. Final grading, utility connections and access to city streets will need approval by the Engineering Department. F. All outstanding fees will apply. G. The applicant shall construct houses using construction materials and methods for indoor noise mitigation. H. The applicant shall include 6 inches oftopsoiI, meeting MNDOT specifications, on the entire site. . I. Property addresses will not be released until the approved fmal plat is recorded with Scott County LaiJ.d Records. J. Provide electronic AutoCAD files of the Final Plat to the Engineenng Department. K. Submit two (2) copies of the final plat (11" x 17"), and an electronic copy, to the Community Development Department, as follows: a. The final plat copies shall be labeled 'fmal' and include the Council hearing approval date. b. Submit paper copies to: Community Development Department, .129 Holmes Street South, Shakopee, MN 55379. c. Send electronic copy (.dwg or .shp) to RecordedPlat@cLshakopee.mn.us. THEREFORE, BE IT FURTHER RESOLVED, that approval of the Final Plat of . SOUTH P ARKVIEW 5TH ADDITION does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. Adopted in ~: J7~a.. sessio~ of the City Council of the City of Shakopee, Minnesota, held the.l9.!!!..':. daY'1 ~;/, 2005. ~ST: ~. < -). - \ ./Z~/g--: >f;tz/f1.~<'L J" / l1'fl"~ /'_'1 /)/ J 7'-:11 f.L,?1 Ui/J,,/v t , <. . ~'"' . .. ..:. ~, ",. : I '\ ~ .-.'...", . 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