HomeMy WebLinkAbout4.A.3. Preliminary & Final Plat of Canterbury Park Sixth Addition 1.161111111 Consent Business 4. A. 3.
SHAKOPEE
TO: Mayor and City Council
FROM: Mark Noble, Senior Planner
DATE: 12/15/2015
SUBJECT: Preliminary & Final Plat of of Canterbury Park Sixth Addition
Action Sought
Approve Canterbury Park Holding Corporation's Preliminary and Final Plat of
Canterbury Park Sixth Addition.
Introduction
Canterbury Park Holding Corporation has made application for Preliminary and
Final Plat approval of Canterbury Park Sixth Addition, a plat proposing two lots
(track/grandstand & horse barns parcels) and several outlots (future development
phases). The subject property is located South of 4th Avenue, West of CSAH 83,
North of Eagle Creek Blvd., East of Shenandoah Drive, is approximately 396 acres
in size, and is presently used for Canterbury Park horse racing, gaming and a
number of special events.
The primary purpose of this application is to separate out the properties used by
Canterbury Park Holding Corporation for live horse racing and gaming purposes,
with the remaining parcels available for potential development opportunities. An
additional aspect of this request is to dedicate the right-of-way for the extension of
Shenandoah Drive from Eastway Avenue to Eagle Creek Boulevard, which will
provide right-of-way for future developable lots and an alternative access to the
Canterbury Park property. As part of the redistribution and consolidation of the
Canterbury Park Property, they have proposed a land purchase and exchange with
the adjacent property owner to the west along Eagle Creek. This provides the
necessary right-of-way for Shenandoah Drive at Eagle Creek, potentially provides
that property owner an access to the new Shenandoah Drive, and provides an outlot
along the new segment of Shenandoah Drive for drainage and utility purposes.
There are several Outlots that presently do not include frontage on a public
right-of-way. The applicant is aware that when those Outlots come forward in a
Final Plat, they will include the provision of frontage on a public right-of-way
consistent with the City Code requirements (min. 300 feet width), as well as
complying with the minimum lot area (min. 10 acre size). Staff anticipates that a
number of these Outlots will be combined, or incorporated into right-of-way, at the
time of Final Platting.
An additional element of the application is a request for waiver of Park Dedication
fees. The applicant has provided a narrative addressing their request, along with a
recent letter (dated November 6, 2015), which further addressed this request. The
Parks and Recreation Advisory Board did review this item at their November 9th
meeting. Jamie Polley, Director of Parks and Recreation has provided a memo that
includes conditions of approval that address the Park Dedication fee requirements
for this project. Those conditions have been included in the draft language to be
incorporated into a Resolution for the Council's consideration.
Staff did receive comments from several review agencies, and have also
incorporated their conditions into the draft language, similar to the Parks and
Recreation Dept. conditions. This includes City Engineering, Scott County
Community Services, SPUC and the City Finance Department.
Staff also received correspondence from Scott County regarding CH 83
right-of-way & easements. At the time of the preparation of this report, the
applicant and the County are in discussion on this topic and staff anticipates
resolution on this matter shortly, with any necessary documents to be recorded
consistent with the City and Scott County requirements.
Planning Commission Recommendation
The Planning Commission considered this application at their December 3, 2015
meeting, and by a 4-3 vote, recommended approval, with conditions as listed in
Resolution No. 7658 (attached). The Commission did hear from a property owner
on Alysheba Court, who expressed concern with the proximity of the proposed
Shenandoah Drive from his residence backyard. The Commissioners that did not
recommend approval based their position on the thought that there was not an
immediate need to rush the dedication of Shenandoah Drive right-of-way, and
concerns with proposed outlots that are identified as land-locked, without frontage
on proposed or existing public rights-of-way.
Specifically, Outlot H as proposed does not have access to a public street. The
property being purchased from Gene Hauer (Outlot C) needs to be in a separate
outlot for now because of the purchase agreement arrangements between
Canterbury and Mr. Hauer. Canterbury understands that when Outlot C is
developed, Outlot H needs to be included in that project so it can be replatted into a
usable parcel or parcels of land. A condition to this effect has been added to the
Resolution.
Action Requested
Approve Resolution No. 7658 the Preliminary and Final Plat of Canterbury Park
Sixth Addition.
Attachments: Final Plat
Aerial Plan
Applicant Narrative
Applicant Narrative - Park Dedication Revision
Park Dedication Revision Plans
Director of Parks & Recreation Memo
City Engineering Memo
Scott County Letter
Resolution No. 7658
Exhibit #1 - Legal Description
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Scott County, MN
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Disci imer:Nap.2nd parcel'd re are behaved is uae accurate,but accuracy is n t g"Ja'am?tetd. This is r:ot a legal Map Scale
document and should not be substituted for a title search,appraisal,survey,or For zoning very,cation. 1 inch= 1010 feet
10/23/2015
http://gis.co.scott.mn.us/SeottGIS2.0/WebForms/Print.aspx?img=http://gis.co.scott.mn.us... 10/23/2015
Applicant Name: Canterbury Park Holding Corporation
Contact Person: Randy Sampson
Application: Preliminary Plat and Final Plat Approval—Canterbury Park 6th Addition
Request: Waiver of Park Dedication Fee and Trunk Storm Fees on already
Developed Land •
A. Introduction
Canterbury Park Holding Corporation has submitted this application for preliminary plat
approval of Canterbury Park 6th Addition (the "Plat"), including approval of the final Plat. The
Plat contemplates subdividing and platting approximately 395.585 acres of land located in the
City of Shakopee, State of Minnesota, County of Carver (collectively, the "Land"). As shown
on the Plat, that portion of the land identified as proposed Lot 1, Block 1 and Lot 2, Block 1,
consisting of 208.009 (the "Developed Land") has already been developed and is being used
and has been used for over thirty (30) years by Canterbury Park Holding Corporation and its
predecessors, as one of the area's premier entertainment destinations, featuring live horse racing,
table games, poker and simulcast racing as well as 24-hour food and beverage service.
Accordingly, only 187.576 acres of total 395.585 acres of Land are undeveloped and will be
subdivided as outlots for future development(the"Outlots").
The Developed Land is not being re-developed and the use will remain the same; however, it is
being contemplated that the stables and related facilities located on that portion of the Developed
Land containing 74.600 acres and shown as Lot 2, Block 1 on the Plat, may be downsized and
re-located to one or more of the Outlots shown on the Plat. If this occurs, said Outlot(s) will
likely be re-platted to allow for the relocation of the stables and related facilities and possibly
further subdivided to allow for future development. Since the Developed Land together with that
portion of said Outlot(s) that will contain the relocated stables and related facilities ("Stable
Relocation Outlot(s)"), if applicable will not be a change or increase in the overall use of the
Developed Land, and there are no additional burdens on the City with respect to the Developed
Land or Stable Relocation Outlot(s), if applicable, for additional municipal services and/or
facilities, such as sewer, water, streets and storm sewer. Further, those improvements will not
increase the number of permanent occupants on the Developed Land and the Stable Relocation
Outlot(s), if applicable and will not require additional parks, schools or public facilities. The
Developed Land, together with the Stable Relocation Outlot(s), if applicable already has
adequate city water and sewer and public access via Canterbury Road (County Road 83), 12th
Avenue East and Vierling Drive. In addition, the Developed Land has existing green space and
recreational activities for its temporary occupants as well as availability to the general public.
1254866.9
B. Park Dedication Fees
The Minnesota legislature has delegated to municipalities the power to regulate and provide for
controls in the development of land.1 Such regulations may require that when land is developed
a reasonable portion of the buildable land be dedicated to the public or preserved for public uses
such as streets,roads, sewer and water,parks,playgrounds,trails or other recreational facilities.2
In lieu of dedication of land, a municipality may choose to accept a cash fee based upon fair
market value of the land.3 The fees or dedication must be fair, reasonable, and proportionate to
the need created.4
The City of Shakopee also has developed standards and guidelines for the dedication of land for
parks, playgrounds and public open spaces and trails in subdivision and development of land
located within the City of Shakopee. In lieu of dedication, the City may require an equivalent
cash dedication based upon the average fair market value of undeveloped land that is, or under
the City's adopted comprehensive plan, may be served by municipal sanitary sewer and water
service.5
C. Equalization Fees
The primary reason municipalities have an "equalization fee" in lieu of dedication of land is for
purposes of defraying municipality expenses relating to providing additional services to a
growing community.6 Statutory requirements impose a reasonableness requirement as well as
further provides there has to be an essential nexus between the fees or dedication imposed and
the municipal purpose sought. A "reasonable portion" has been construed by Minnesota courts
to mean "that portion of land which the evidence reasonably establishes a municipality will need
to acquire for the purposes stated as a result of approval of the subdivision."7 Essentially,
Minnesota law provides the fee or dedication must bear a rough proportionality to the need
created. Otherwise, the fee or dedication would be unreasonable and considered a violation of
the takings clause of the Federal Constitution's Fifth Amendment.
Based upon the current facts and circumstances relating to the proposed Plat and subdivision,the
Developed Land together with the Stable Relocation Outlot(s), if applicable, are not changing
their use, have already been developed and are not being redeveloped in connection with the
proposed Plat. No additional burdens are being put on the City as a result of the proposed Plat
and potential limited relocation of the stables and related facilities.
1 Minn.Stat. §394.25,Subd.7
2 Minn.Stat. §462.358,Subd.2(b)
3 Id.
4 Minn.Stat. §394.25,Subd.7(h)and Minn. Stat.§462.358,Subd.2(c).
5 Shakopee City Code§12.34,Subd.2(K).
6 Johnston, Constitutionality of Subdivision Control Exactions: The Quest for a Rationale, 52 Cornell L.Q. 871,
875
7Collis v.Bloomington,310 Minn.5, 17-18(1976).
Further, Shakopee City Code provides the fee is based upon undeveloped land and not developed
land even though Minnesota statutes provide a fee may be based upon the land, generally. If the
City of Shakopee intended for the fee to be placed on all land, generally,the Shakopee City Code
would not specifically identify the fee being based upon"undeveloped"land.
D. Conclusion
For the reasons stated above, Canterbury Holding Corporation does not feel there are any
additional municipality needs being created as a result of the proposed Plat and potential
relocation of the stables and related facilities to the Stable Relocation Outlot(s), if applicable, and
respectfully requests that the City of Shakopee not impose, as a condition to final Plat approval,
either (i) a fee or dedication in connection with the Developed Land and the Stable Relocation
Outlot(s), provided the stables and related facilities are relocated to one or more of the Outlots
within the Plat; or (ii) trunk storm fees in connection with the Developed Land and the Stable
Relocation Outlot(s), provided the stables and related facilities are relocated to one or more of
the Outlots within the Plat, as there is already adequate on-site ponding located on the respective
property.
If the stables and related facilities are relocated to any Stable Relocation Outlot(s) and Lot 2,
Block 1 and any remaining portion of said Stable Relocation Outlot(s) are re-developed in the
future, then at that time, applicable fee or dedication and trunk storm fees would necessarily be
imposed before approval of the re-development of Lot 2, Block 1 and any remaining portion of
said Stable Relocation Outlot(s). If, however, the stables and related facilities are not re-located
to any Stable Relocation Outlot(s),then applicable fee or dedication and trunk storms fees can be
imposed at such time as said Stable Relocation Outlot(s) are otherwise developed. Agreement
for future imposition of a fee or dedication and trunk storm fees on Lot 2, Block 1 and the Stable
Relocation Outlot(s), if applicable can be documented by an Agreement filed of record. If the
foregoing fee or dedication and trunk storm fees are not waived with respect to the Developed
Land and the Stable Relocation Outlot(s), if applicable, it will cause an undue hardship to
Canterbury Holding Corporation and all proposed development of the remaining land in the Plat
(other than the Developed Land) will be substantially affected and Canterbury Holding
Corporation will have to stop all further development plans.
�C l lei t AlCbig
CANTERBURY PARK
November 6, 2015
Mr. Bill Reynolds
City Administrator
City of Shakopee
129 Homes Street South
Shakopee,MN 55379
Dear Mr. Reynolds:
I am writing in regard to the park dedication fee issue related to the preliminary plat
we recently su_.miffed-for our approximately 400 acres of property in Skopee.
Please consider this communication a replacement of the request for Waiver of Park
Dedication fees that was included in the initial plat application.
In 1984 when Canterbury Downs was first developed the underlying property was
not platted. The property was purchased by the present ownership approximately
10 years after the initial development, so we have no knowledge of why this
remained in the metes and bounds legal description at the outset. As a result no
park dedication fees were paid at the time of initial development or construction.
For a number of reasons the present ownership, Canterbury Park Holding
Corporation now wishes to plat the property, and would also like to correct the
situation regarding the park dedication fees.
When the project was built the park dedication fee payment schedule was 5% of fair
market value of the land. In 1985, Scott County placed the value of the 320 acres of
land at$808,100 (which is prior to the construction of any improvements). Had the
park dedication fees been paid then,the total would have been$40,405.
In order to equitably correct the payment of park dedication fees,we propose that
they be paid in conjunction with the filing of the current plat application and be
comprised of the following:
• Of the original approximately 320 acres purchased in 1994,there are two
parcels of land totaling 34.89 acres that have not been developed. We agree
to pay the present park dedication fee of$6,930 per net acre on these sites.
One site is designated as Lot 3 on the plat application. Lot 3 totals 23.79
acres,resulting in a park dedication fee of$164,865. The other is designated
as a 14.1 acre outlot located along what will be the extension of Shenandoah
Road,which will result in a park dedication fee of$97,713.
• After deducting the 37.89 acres mentioned above from the original 320,the
remaining approximately 282 acres (lots 1 and 2 on the plat plus some right
of way land) all have some level of improvements from the original
development.We are proposing to pay park dedication fees of$$161,650 on
the 282 acres already developed. Per the calculation on the attached
schedule we are proposing payment of the fee that would have been paid in
1985,plus interest at a rate of 5%for 31 years.
• In addition to the 320 acres of land purchased in 1994,the plat application
includes other parcels totaling approximately 66 acres that are being platted
into outlots A,B,C and H for future development. Park dedication fees will be
paid at the time those outlots are platted for development at the fee structure
applicable at that time.
In addition to the fee calculation schedule,we have included as attachments a map
showing our current tax parcels as well as the preliminary plat of Canterbury 6th
addition that has been submitted for approval. We have color coded the preliminary
plat to highlight the various parcels referred to above.
In summary,we are respectfully requesting that the City of Shakopee agree to a total
fee of$424,226 payable with the filing of the final plat. This would resolve the
original oversight that allowed the development of approximately 282 acres of the
320 acres of original Canterbury Downs property without collection of park
dedication fees at that time. No further park dedication fees would be due or
payable on these properties in the future should any redevelopment occur.
I apologize for the delay in getting this proposal submitted for review by the Park
and Recreation Board,the Planning Commission and the Shakopee City Council.
Please let me know if you need additional information.
Respectfully
I ,-
R‘ndall Sampson
President and CEO
Canterbury Park
Canterbury Park
Park Dedication Fees Proposal
11.06.15
Calculation for the Original Area
Original Land Area 320 acres
Excluded Land Area (paid below) 37.89 acres
Percentage of Original Area in Calculation 88.16%
Original Value (1985 Scott County) $808,100
Percentage of Original Area in Calculation 88.16%
Value for Area included in Calculation $712,416
Original Park Dediction Fee:
$808,100 5.00% $40,405
Pro Rata Share :
$712,416 5.00% $35,621
Interest Rate 5.00%
Years 31
Present Value ($161,649)
Calculation for the Undeveloped Areas
Lot 3 Area 23.79 acres
Fee per Acre ($6,930)
($164,865)
Outlot Area 14.1 acres
Fee per Acre ($6,930)
($97,713)
Summary
Original Land Area less undeveloped sites ($161,649) 282.11 acres
Lot 3 ($164,865) 23.79 acres
Outlot ($97,713) 14.1 acres
TOTAL ($424,226) 320 acres
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a
CITY OF SHAKOPEE
MEMORANDUM
To: Mark Noble, Project Manager
From: Jamie Polley, Director of Parks and Recreation
Date: November 16, 2015
Case Number: 15063
Subject: PP&FP of Canterbury Park 6th Addition
Based on a review of the application materials provided to staff, staff has the following
conditions of approval based on the plan set provided dated 11/05/15
At the time of recording of final plat:
1. Park Dedication
Given the location of the development, cash in lieu of land is recommended.
2. The platting of lots 1 & 2 are to establish lots from a meets and bounds
description with no intended redevelopment. Park dedication fees should have
been paid at the time of building permit in 1985 but were not collected. The
applicant has requested that the park dedication requirement be calculated as it
would have originally been calculated in 1985 (5% of the fair market value of
each lot) plus 5% annual interest. The FMV of the land in 1985 for lots 1 & 2
(282.11 acres) was $712,416.00 X 5% =$35,620.80 + 5% interest over 31 years
= $161,649.00 in park dedication to be paid for lots 1 & 2. The PRAB has
reviewed this request and is recommending its approval to the City Council.
3. 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 for Lot 3.
4. The amount of the park dedication due at the time of the recording of the final
plat will be determined based on the development. Preliminary park dedication
calculations for commercial/industrial development (to be confirmed at time of
final plat) are as follows (residential is a per unit rate):
(Gross Acreage— Public utility easement (PUE) acreage) x $6,930/acre = Park
Dedication required
Based on current information for Lot 3 (23.79 acres— PUE)X $6,930.00/acre =
Max$164,865.00.
5. The exact amount of acreage accepted by the City for public utility easements
must be submitted to the Parks and Recreation Director for the exact Park
Dedication calculation.
6. The trail along Shenandoah Dr must be constructed from Eastway Ave to Eagle
Creek Boulevard.
City of Shakopee
Memorandum
TO: Mark Noble, Senior Planner
FROM: Joe Swentek, Project Engineer
SUBJECT: Preliminary Plat and Final Plat—Canterbury Park 6th Addition
PID#: See Attached List
CASE#: 15063
SUBLEDGER#: 115063
DATE: October 22, 2015
The staff review indicates a request to review a concurrent Preliminary and Final Plat
application for the Canterbury Park 6th Addition. The staff review also indicates a request to
waive Park Dedication Fees and Trunk Storm Water Charges.
This review should be considered preliminary, as more comments will follow with additional
submittals. However, the engineering department offers the following comments at this time
to the applicant and to the planning department:
General Conditions
1. Since most of the development of this property took place prior to the enactment of the
trunk storm water charge in 1996, and the platting of Lots 1 and 2 of Block 1 of
Canterbury Park 6th Addition will have no storm water related impacts on the
downstream system, there is no need to collect trunk storm water charges.
2. Future platting of all outlots in the Canterbury Park 6th Addition will be subject to
payment of all trunk storm water charges and trunk storm water storage and treatment
charges as required by the most recent versions of the City Code and the City of
Shakopee Fee Schedule.
Final Plat Conditions
The following items need to be addressed/completed prior to release of the Final Plat for
recording:
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1 of 2
1. Additional right-of-way, in the form of sight triangles fifteen (15) feet in dimension, will
be provided at the following intersections:
• Shenandoah Drive and Eagle Creek Boulevard.
• Shenandoah Drive and Eastway Avenue.
• 12th Avenue and Canterbury Road (County Road 83).
2. A minimum of seventy (70) feet of right-of-way will be provided north of the centerline
of 12th Avenue.
3. A minimum of fifty (50) feet of right-of-way will be provided south of the centerline of
4th Avenue.
4. Scott County may require additional right-of-way for future Canterbury Road (County
Road 83) improvemnts.
5. Easements will be shown on the Final Plat as approved by the City Engineer. They
include, but are not be limited to, the following:
• Minimum drainage and utility easements for public utilities need to be dedicated per
the City of Shakopee Design Criteria, Section 10.1 (A-D).
• The applicant will provide a minimum of ten (10) feet of drainage and utility
easement adjacent to all rights-of-way.
• Outlot I will be deeded to the City of Shakopee.
Recommendation
Engineering staff recommends approval of the Preliminary and Final Plat application and
recommends approval of the request to waive the trunk storm water charges on Lots 1 and 2 of
Block 1 of the Canterbury Park 6th Addition, subject to the items listed above being attached as
conditions of the approvals.
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2 oft
�q��tav SCOTT COUNTY COMMUNITY SERVICES DIVISION
1t7tHIGHWAY DEPARTMENT •600 COUNTRY TRAIL EAST •JORDAN,MN 55352-9339
CL"
(952) 496-8346 •Fax: (952) 496-8365 •www.co.scott.mn.us
December 10, 2015
Mark Noble
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
RE: Revised County Review Letter
Canterbury Park 6th Addition
Dear Mark:
The County has conducted further engineering review concerning the right-of-way along CH 83 for the
Canterbury Park 6th Addition. The County's November 20th comments were based off of the information
available to us at the time. Upon further review, the County has been able to revise our recommendations
along CII 83 to the following:
• The County recommends a dedication of 75' right-of-way from the centerline of CH 83.
• The County recommends a 50' by 50' right-of-way sight triangle at the intersection of 12th Avenue
and CH 83.
• The County recommends a 15' Drainage and Utility Easement for property adjacent to CH 83.
This is consistent with what has been shown on the plat.
• The County recommends a 15' Trail Easement to be recorded with the plat from 12th Avenue north
to approximately the start of the 12th Avenue right turn lane taper. This distance is approximately
500' in length from 12th Avenue. The Trail Easement overlays the 15' Drainage and Utility
easement. The County offers to prepare the trail easement document for the applicant.
These recommendations replace the previous recommendation of 100' from centerline. These
recommendations are shown in the attached exhibit. Thank you for the opportunity to comment. If you
have any questions,please feel free to contact me.
Sincerely,
Craig Jenson
Transportation Planner
Cc: Lisa Freese, County Transportation and Program Director
Tony Winiecki, County Engineer
Randy Sampson, Canterbury Park
RESOLUTION NO. 7658
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,
APPROVING THE PRELIMINARY AND FINAL PLAT OF CANTERBURY PARK SIXTH
ADDITION
WHEREAS,Canterbury Park Holding Corporation, applicant and property owner,has filed an
application for a Preliminary and Final Plat of Canterbury Park Sixth Addition.
WHEREAS,the property upon which the request is being made is legally described as;
See attached Exhibit#1; and
WHEREAS,notice was provided and on December 3, 2015,the Planning Commission held a public
hearing regarding this application, at which it heard from City Planning staff and invited members of the
public to comment; and
WHEREAS,the City Council heard this matter at their meeting on December 15, 2015; and
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Shakopee,Minnesota
that the Preliminary and Final Plat of Canterbury Park Sixth Addition is 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 files (AutoCAD and Portable Document Format) of the Final Plat
to be recorded with datum on the Scott County coordinate system.
C. A special assessment of$22,840.46 for property included in this Plat shall be paid at
the time of or prior to the recording of the Final Plat.
D. Park dedication, given the location of the development, as cash in lieu of land is
recommended.
E. The platting of Lots 1 & 2 are to establish lots from a metes and bounds description
with no intended redevelopment. Park dedication fees should have been paid at the
time of building permit in 1985 but were not collected. The applicant has requested
that the park dedication requirement be calculated as it would have originally been
calculated in 1985 (5% of the fair market value of each lot)plus 5% annual interest.
The FMV of the land in 1985 for lots 1 & 2 (282.11 acres)was $712,416.00 X 5%
=$35,620.80+ 5% interest over 31 years=$161,649.00 in park dedication to be paid
for lots 1 &2.
F. If Lots 1 &2 are replatted for additional development in the future, the developer
will pay the park dedication fees that are in place at that time; however, the
1
developer will receive a credit for the proportionate amount of the park dedication
fees that are being paid now for Lots 1 &2.
G. 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 Final Platting of the Outlots.
H. The exact amount of acreage accepted by the City for public utility easements must
be submitted to the Parks and Recreation Director for the exact Park Dedication
calculation.
I. A trail along Shenandoah Drive must be constructed from Eastway Avenue to Eagle
Creek Boulevard, consistent with City Code design standards.
J. The applicant shall discuss with City Public Works the design/development of a trail
and/or sidewalk along 4th Avenue, adjacent to Outlot I and that section of Lot 1, as
well as adjacent to Lot 1 &Lot 2 along 12th Avenue, and agree to construct that
trail/sidewalk, consistent with any approved design standards.
K. Additional right-of-way, in the form of sight triangles fifteen(15) feet in dimension,
will be provided at the following intersections:
1. Shenandoah Drive and Eagle Creek Boulevard.
2. Shenandoah Drive and Eastway Avenue.
3. 12th Avenue and Canterbury Road(County Road 83).
L. A minimum of sixty(60) feet of right-of-way will be provided north of the centerline
of 12th Avenue.
M. A minimum of fifty(50) feet of right-of-way will be provided south of the centerline
of 4th Avenue.
N. Easements will be shown on the Final Plat as approved by the City Engineer. They
include, but are not be limited to, the following:
1. Minimum drainage and utility easements for public utilities need to be
dedicated per the City of Shakopee Design Criteria, Section 10.1 (A-D).
2. The applicant will provide a minimum of ten(10) feet of drainage and utility
easement adjacent to all rights-of-way.
3. Outlot I will be deeded to the City of Shakopee.
II. Following approval and recording of the final plat, the following conditions shall
apply:
A. Since most of the development of this property took place prior to the enactment of
the trunk storm water charge in 1996, and the platting of Lots 1 and 2 of Block 1 of
Canterbury Park 6th Addition will have no storm water related impacts on the
downstream system, there is no need to collect trunk storm water charges. Future
platting of all outlots in the Canterbury Park 6th Addition will be subject to payment
of all trunk storm water charges and trunk storm water storage and treatment charges
as required by the most recent versions of the City Code and the City of Shakopee
Fee Schedule.
B. The existing public water main and underground electric facilities should be
surveyed and easements shall be required for these facilities.
C. All outlots depicted in the preliminary plat are unbuildable and must be further
platted into lots and blocks before development can occur on them. Any outlot that
does not currently have frontage on an existing or proposed right-of-way must be
further platted, by combination with another outlot or otherwise, in a manner that
provides frontage and access to a public right-of-way, consistent with the City Code
regulations.
III. The following conditions need to be addressed/completed prior to approval of a
grading permit and/or a street and utility plan:
2
A. Landscaping in drainage and utility easements encompassing public storm sewer
structures and pipes will need to be in compliance with the most recent version of the
City of Shakopee's Easement Fencing and Landscaping Policy.
B. Additional plan review comments for grading and/or building permit applications
will be sent under separate correspondence.
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. If a grading permit is approved, record plans 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. The applicant will provide paper and electronic (AutoCAD and Portable Document
Format) as-built record drawings for all public storm sewer and watermain. As-built
record plan requirements are set forth in Section 11 of the City of Shakopee Design
Criteria.
C. Sewer,water service, fire protection and access shall be reviewed for code
compliance at the time of building permit application(s).
D. Specific performance/design standard details will be reviewed for compliance with
the City Code Section 151.044 & Section 151.105 at the time of any building permit
application(s).
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,
held the day of ,2015.
Mayor of the City of Shakopee
Attest:
Lori Hensen, City Clerk
3
r
LEGAL DESCRIPTION CEVII-111bkw.".1
n
The Northeast Quarter of the Southeast Quarter of Section 5,Township 115,
Range 22, Scott County, Minnesota EXCEPTING THEREFROM:The west 150.0 feet of
the north 333.0 feet of the Northeast Quarter of the Southeast Quarter of
Section 5, Township 115, Range 22.
The South Half of the Southeast Quarter of Section 5, Township 115, Range 22,
Scott County, Minnesota.
The Southwest Quarter of the Southwest Quarter of Section 4,Township 115,
Range 22, Scott County,Minnesota.
The Northwest Quarter of Section 9,Township 115, Range 22, Scott County,
Minnesota EXCEPT THEREFROM:
The South 400 feet of the West 100 feet of the South Half of the Northwest
Quarter AND EXCEPTING THEREFROM that part lying south,southwesterly and
southeasterly of Line A:
Line A: Commencing at the southeast corner of said Northwest Quarter of
Section 9;thence on an assumed bearing of North 1° 10'22"West along the
East line of said Northwest Quarter a distance of 730.00 feet to the point
of beginning of the line to be described;thence South 88°49'38"West a
distance of 2572.89 feet;thence along a tangential curve concave to the
north, having a radius of 1,321.00 feet a central angle of 64°32'00",an
arc length of 1487.87 feet;thence South 63°21'38"West(not tangent to
said curve)a distance of 200 feet more or less to the West line of said
East Half of the Northeast Quarter of said Section 8 and there terminating.
-AND-
The North 700.00 feet of the East 730.0 feet (measured at right angles) of the West half of the
Northeast Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota
-AND-
That part of the East half of the Northeast Quarter of Section 8, Township
115, Range 22,-acott County, Minnesota, except that part of said East half of the
Northeast Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, lying
south, southwesterly and southeasterly of the following described line ("Line A")!
Line A: Commencing at the southeast corner of said Northwest Quarter of Section 9;
thence on an assumed bearing of north 1 degree 10 minute■ 22 seconds west along the east
line of said Northwest Quarter a distance of 730.00 feet to the point of beginning of.
the line to be described; thence south 88 degrees 49 minutes 38 seconds west a distance
of 2572.89 feet; thence along a tangential curve concave to the north, having a radius
of 1,321.00 feet, a central angle of 64 degrees 32 minutes 00seconds, an arc length of
1,487.87 feet; thence south 63 degrees 21 minutes 38 seconds west (not tangent to said
curve) a distance of 200 feet more or less to the west line of said East Half of the
Northeast Quarter of said Section 8 and there terminating.
-AND-
The South Half of the Southeast Quarter of the Southwest Quarter(S1 SEV4 SW'4)
and the Northwest Quarter of the Southeast Quarter of the Southwest Quarter(NW%4
SES SWV4) all in Section 4, Township 115, Range 22, Scott County, Minnesota
EXCEPTING THERFROM THE FOLLOWING DESCRIBED PARCEL:
That part of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of the Southwest
Quarter (SW 1/4) and the South Half(S 1/2) of the Southeast Quarter (SE 1/4) of the Southwest
Quarter (SW 1/4) of Section 4, Township 115 North, Range 22 West, Scott County, Minnesota,
described as follows:
Commencing at the southeast corner of the South Half of the Southwest Quarter of said
Section 4, thence North 00 degrees 16 minutes 08 seconds West, along the east Iine of said
Southwest Quarter, a distance of 661.30 feet to the southeast corner of the plat of
BEHRINGER'S FIRST ADDITION, thence North 88 degrees 51 minutes 58 seconds West,
along the south line of BEHRINGER'S FIRST ADDITION a distance of 436.05 feet to a
point on said south line distant 224.00 feet easterly of the southwest corner of Lot 2,Block 1,
BEHR1NGER'S FIRST ADDITION, the point of beginning of the land to be described,
thence South 01 degrees 08 minutes 02 seconds West,a distance of 30.00 feet, thence North
88 degrees 51 minutes 58 seconds West,parallel to the south line of BEHRINGER'S FIRST
ADDITION, a distance of 528.56 feet,thence North 00 degrees 27 minutes 30 seconds West,
parallel to the west line of BEHRINGER'S FIRST ADDITION a distance of 691.51 feet to
its intersection with the north line of the Northwest Quarter of the Southeast Quarter of the
Southwest Quarter of said Section 4, thence South 88 degrees 51 minutes 28 seconds East,
along said north line a distance of 305.40 feet to the northwest corner of Lot 1, Block 1,
BEHRINGER'S FIRST ADDITION, thence South 00 degrees 27 minutes 30 seconds East,
along the west lino of BEHRINGER'S FIRST ADDITION, a distance of 661.45 feet to the
Southwest corner of Lot 2, Block 1, BEHRINGER'S FIRST ADDITION, thence South 88
degrees 51 minutes 58 seconds East, along the south line of BEHRINGER'S FIRST
ADDITION,a distance of 224.00 feet to the point of beginning.
-AND-
Outlot A, Canterbury Park Fifth Addition, Scott County, Minnesota.
-AND-
The West half of the Northeast Quarter (W1/2 of NE1/4) of Section 8,
Township 115, Range 22, Scott County, Minnesota, lying North of the
North right of way line of Eagle Creek Blvd. , EXCEPTING THEREFROM the
North 700 feet of the East 730.0 feet (as measured at right angles) of
said West half of the Northeast Quarter (W1/2 of NE1/4) .
-AND-
That part of Northwest Quarter of Section S,Township 115,Range 22,Scott County,Minnesota described as follows:
Beginning at the Intersection of the East line of said Northwest Quarter and the center line of County Road No.16;
thence North along said East line a distance of 1048.33 feet;thence West a distance of 221.00 feet;thence South and
parallel with said East line a distance of 922.72 feet to the center line of County Rpad No.16;thence Southeasterly
along said center line a distance of 254.20 feet to the paint of the beginning.