HomeMy WebLinkAbout15.B.5. Consider Request to Construct Public Improvements Before Final Plat Approval for Thomas A Phillip Addition and Southern Meadows
IS, I3t6,
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Consider Request to Construct Public Improvements of
Thomas A. Philip Addition and Southern Meadows before
Final Plat Approval
DATE: September 2, 2003
INTRODUCTION:
Attached to this memo is a letter from the developers of Thomas A. Philip Addition and
Southern Meadows requesting approval to install street and utility improvements for
these developments, prior to final plat approval.
BACKGROUND:
Previously, on August 19, 2003, City Council had approved a preliminary plat for
Southern Meadows and approved the PUD for the Thomas A. Philip Addition. On the
September 2, 2003 Council agenda, City Council will be considering the preliminary plat
approval for the Thomas A. Philip Addition. In the City's Subdivision Regulations,
Chapter 12, Section 12. 15, Timing of Improvements, Paragraph A, the code states that
no other improvements, other than grading after preliminary plat approval, prior to City
Council approval of a final plat.
A request from the developers of Southern Meadows and Thomas A. Philip Addition is to
request approval to proceed with improvements, prior to a final plat approval, due to the
construction limitations and in order to complete the street and utility work for these
developments in this construction season. From the letter submitted by the developer,
they intend to submit the final plat for approval, as soon as possible, but may not be able
to meet the Council agenda until the first or second meeting in October.
City Council did review a similar request on the Riverside Grove development in
October, 2002 and the City Attorney advised the Council, at that time, they have the
authority to grant this request if they so desire.
Prior to the new City Ordinance, the developers were allowed to proceed after
preliminary approval with improvements with the following conditions:
. Hold harmless agreement is entered into with the developer and the City of
Shakopee holding the City harmless of any action that may come about before the
final plat approval.
. Developer pays all engineering fees upfront.
. The developer obtains an approved set of plans by the Engineering Department
and Shakopee Public Utilities before constructing improvements.
. Insurance submitted to the City naming the City an additional insured prior to
construction.
At the last Council meeting, City Council also included an additional condition in which
the developer would pay for any additional review costs that the City may incur in
expediting these developments for this construction season. The City and the developer
would need to enter a reimbursement agreement for these costs.
With the conditions mentioned previously, the developers have been allowed to proceed
with improvements, prior to final plat approval with the understanding that the risk is the
developers. It should be noted that the review time for final plat approval has been
extended, due to requests by transportation agencies such as MnlDOT and Scott County,
thus the length of time between preliminary plat approval and final plat approval has been
extended and does impact the developer's proceeding with their improvements. The
developer is allowed to commence with grading, after preliminary plat approval,
according to City Code. Usually the final plat approval can be done in short order ifit is
consistent with the preliminary plat and has met the conditions in the preliminary plat
approval. However, the additional review time requested by other agencies has
lengthened this process time. Staff is submitting this request to Council for consideration
on whether or not to allow the developers of Southern Meadows and Thomas A. Philip
Addition to proceed with improvements, due to the seasonal construction limitations that
are approaching this construction season, prior to final plat approval of the City CounciL
ALTERNATIVES:
1. Approve a motion allowing the developers of Southern Meadows and Thomas A.
Philip Addition to proceed with the installation of street and utility improvements,
prior to final plat approval.
2. Do not allow the installation of street and utility improvements prior to final plat
approval.
3. Table for additional information.
RECOMMENDATION:
Staff does not have a recommendation in this matter, as this is a policy decision for the
City Council. It should be pointed out that, previously, the City Council did allow the
developer of Riverside Fields to proceed with the installation of improvements, prior to
final plat approval at the August 19, 2003 City Council meeting. In the previous
Subdivision Ordinance, developers were allowed to install improvements, prior to final
plat approval under certain conditions and at their risk.
ACTION REQUESTED:
Approve or deny a motion on the developer's request to install street and utility
improvements, prior to final plat approval for Southern Meadows and Thomas A. Philip
Addition.
leLtl
Public Works irector
BUpmp
PLATAPPROVAL
PLOWSHARES DEVELOPMENT, LLC
1851 Lake Drive W., Suite 550
Chanhassen, MN 55317
Phone: 952-361-0832 I Fax: 952-361-0833
August 22, 2003
Bruce Loney, Public Works Director
Shakopee City Hall
129 Holmes 81. 8.
Shakopee,MN 55379
RE: Southern Meadows
Thomas A. Phillip Addition
Dear Bruce,
On behalf of Plowshares Development, LLC and Tollefson Development, Inc., we
request approval of the installation of street and utility improvements prior to the formal
approval of the final plat. The street and utility plans will be in conformance with the
approved preliminary plats and will, of course, be subject to the review and approval of
City staff. As you know, we have been working on this portion of the development for
some time and have worked cooperatively with the new advisory committees and the
evolving process. Weare now faced with seasonal construction limitations, and wish to
proceed, at our risk, with the completion of the street and utility work. The [mal plat as a
completion of the jreliminary platting process begun in June is being submitted no later
then September 5 , but further delay of construction would prevent completion of the
road and utilities this year and delay building construction until June of 2004.
Again, we will make every effort to record the final plat as soon as possible and
appreciate the ability to move forward with street and utility installations.
Please contact me if you have any questions.
Sincerely,
:m~LC Tollefson Development, Inc.
f;JtJA(rJ~
Todd M. Simning Gary Wollschlager