HomeMy WebLinkAbout5.A.2. Final Plat of Shakopee Landing (Previously known as Vierling Estates II)-Res. No. 6518
S. A. L ·
CITY OF SHAKOPEE
Memorandum
CASE NO.: 06-014 CONSENT
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Final Plat of Shakopee Landing (Previously known as Vierling Estates II)
MEETING DATE: October 17,2006
DISCUSSION
Shakopee Development, LLC, has submitted a request to have the name of the approved final
plat of Vierling Estates II Addition changed to Shakopee Landing, due to complications with
recording Vierling Estates I Addition (see attached letter from developer). If approved, they will
submit the plat mylars for signatures, complete the developer agreement, and proceed with the
recording of this Shakopee Landing plat. After recording, they will then be able to continue with
the submittal of building permits for this development. At this time, one structure is under
construction. The City's policy is that only one permit for a single structure may be issued until
such time of recording of the final plat.
As part of this process, staff believe that it would be appropriate to offer two modifications/
deletions to the previously approved resolution for this property (see attached memorandum from
Mark Themig). The intended result of this action would be to eliminate the possibility for
private recreational amenity issues to arise, much like those situations referenced in Mr.
Themig's memorandum. The recommended deletions to the resolution are identified by being
struck-thru in the attached resolution.
AL TERNATIVES
1. Approve Resolution No. 6518, approving the Final Plat for Shakopee Landing,
subject to the conditions presented.
2. Approve Resolution No. 6518, approving the Final Plat for Shakopee Landing,
subject to revised conditions.
3. Do not approve the renaming ofthe final plat of Vierling Estates II Addition.
4. Table the matter and request additional information from staff and/or the applicant.
ACTION REQUESTED
Offer a motion to approve Resolution No. 6518, approving the Final Plat for Shakopee Landing,
subject to the conditions as presented by staff, and move tion.
g:\boaa-pc\2006\1 0-17\fpshakopeelanding (06014).doc
RESOLUTION NO. 6518
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE
RENAMING OF VIERLING ESTATES II ADDITION TO SHAKOPEE LANDING
WHEREAS, Shakopee Development, LLC, applicant and property owner, had made
application for preliminary and final plat approval of Shakopee Landing; and
WHEREAS, the subject property is legally described as:
That part ofthe Northwest Y4. of the Southeast Y4. of Section 8, Township 115, Range 22, Scott
County, Minnesota lying Southerly of Hauer's 4th Addition and Northerly of Minnesota Department
of Transportation Right of Way Plat No. 70-7, and Easterly ofthe following described line:
commencing at the Southwest comer of said Hauer's 4th Addition; thence North 81 degrees 54
minutes 58 seconds East, assumed basis for bearings, along the Southerly line of said Hauer's 4th
Addition, 871.50 feet to the point of beginning of said line; thence South 0 degrees, 25 minutes 22
seconds East 362.61 feet to the Northerly line of said Minnesota Department of Transportation
Right of Way Plat No. 70-7 and there terminating.
WHEREAS, the Planning Commission reviewed the preliminary plat on February 9,
2006, and recommended approval of the plat with conditions; and
WHEREAS, the City Council reviewed the proposed preliminary and final plat on
March 6, 2006; and
WHEREAS, the applicant has requested a change of the name of the final plat; and
WHEREAS, the Council considered the request on October 17, 2006.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Shakopee, Minnesota that the renaming ofthe final plat of Vierling Estates II to Shakopee
Landing is hereby approved subject to the following conditions:
1. The following procedural actions must be completed prior to the recording ofthe
Final Plat:
A. Approval oftitle by the City Attorney.
B. Execution of a Developer's Agreement, which shall include provisions for
security for public improvements within the plat and the engineering review
fees, and any other fees as required by the City's adopted fee schedule.
1. Shakopee Public Utilities Commission shall be contacted if the
applicant wishes to contract with them for security lighting.
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. The developer shall be responsible for payment of Trunk Storm Water
Charges, Trunk Sanitary Sewer Charges, Trunk Storm Water Storage
and Treatment Charges, security for the public improvements,
engineering review fees, and other fees as required by the City's most
recent adopted Fee Schedule.
5. No public improvements shall be constructed until the City Engineer
and the Shakopee Public Utility Commission approve the Final
Construction Plans and Specifications.
6. The applicant shall obtain an NPDES permit prior to any land
disturbing activity. A copy of this permit shall be provided to the City.
The applicant shall adhere to all MPCA NPDES requirements.
7. Verify the exact location of the high-pressure natural gas transmission
pipeline prior to the removal of the tree on the northeast comer of the
property.
8. Verify the exact location of the transmission pipeline prior to the
installation of the storm sewer crossing the transmission pipeline on
the northwest comer.
C. Easements shall be shown on the Final Plat as approved by the City Engineer.
D. Shakopee Public Utilities Commission requires the dedication of a ten (10)
foot wide drainage and utility easement around the perimeter of the property
and on either side of and including the private drive.
E. Easements shall be shown on the Final Plat as approved by the City Engineer.
They shall include, but not be limited to, providing a minimum of ten (10) feet
of trail easement for the bituminous trail adjacent to the Vierling Drive right-
of-way.
F. The storm water management plan shall be approved by City Engineering.
G. The survey data (length and bearings) shall be shown for each lot.
H. Park dedication requirements shall be met through a cash contribution in an
amount in accordance with the adopted fee schedule in place at the time of
final plat approval. The required park dedication fees shall be paid at the time
of the recording of the final plat. If any portion of the property is being
platted as outlots to accommodate a phased development, the park dedication
fees for each future phase shall be based on the fees in effect at the time of
final plat approval for those outlots and shall be paid before the final plat for
those outlots is recorded.
1. The applicant shall install an eight (8) foot bituminous trail along the property
line adjacent to Vierling Drive right-of-way, with construction to be
coordinated by the City Engineering Department. The trail shall be located
outside the public right-of-way.
J. All trails shall be ADA compliant.
K. The applicant shall only install benches and/or tables in common green space
where the proximity of ponding areas and slopes do not constitute a saf-ety
hazard.
L. The applicant provide enhanced screening for "private" patio areas to the rear
of all units via installation offencing and/or use of vegetation.
M. Screening elements shall not be allowed within drainage and utility
easements.
N. The applicant shall obtain a grading permit prior to any additional land
disturbing activity.
O. The applicant shall comply with MnDOT's recommendations concerning
storm sewer drainage/outlets and permit requirements for any work within or
affecting their right-of-way.
P. The applicant shall obtain the necessary permission, right-of-way and/or
easements to perform all proposed work offsite or within existing easements.
Q. The applicant shall obtain both a right-of-way permit prior to work within the
City of Shakopee' s right-of-way and a grading permit prior to any land
disturbing activity.
R. The applicant shall work with City of Shakopee staff to eliminate all proposed
retaining walls from within drainage and utility easements.
S. No final graded slopes in non-paved areas shall exceed three (3) feet
horizontal to one (1) foot vertical (3:1), nor shall they be less than two (2)
percent.
T. All proposed driveways, sanitary sewer and storm sewer shall be considered
private.
U. The applicant shall provide an outlet control structure for the proposed storm
water basin as per City of Shakopee requirements.
V. The applicant shall work with City of Shakopee staff to provide the most
desirable connection point to the existing storm sewer system.
W. The applicant shall work with City of Shakopee staff to eliminate all proposed
curb drain openings and replace with storm sewer structures.
X. The applicant shall provide an ultimate Emergency Overflow (EOF) for the
site's storm sewer system. The location and elevation shall be approved by
the City of Shakopee.
y. The applicant shall work with City of Shakopee staff to realign the proposed
sanitary sewer for a more desirable angle of connection to the existing sanitary
sewer system.
Z. The proposed entrance shall be aligned directly across from LimestoneDrive.
AA. The entrance to Vierling Drive shall be thirty-seven (37) feet wide (measured
from back of curb to back of curb). The proposed concrete curb and gutter
matching into the existing curb and gutter in Vierling Drive shall have radii
measuring twenty-five (25) feet. All curb and gutter within the right-of-way
shall be B618.
BB. The applicant shall install a cross-pan, if necessary, as per the most recent
edition of the City of Shakopee's General Specifications and Standard Detail
Plates for Street and Utility Construction.
II. 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. The developer and/or their assigns shall be responsible for any required or
desired noise or dust mitigation measures.
C. Shall provide electronic (Auto CAD) files of the Final Plat to the Engineering
Department.
D. The applicant shall meet the screening and landscaping ordinance
requirements of the City Code.
E. The applicant shall provide six (6) inches of topsoil below areas to be sodded.
The soil composition should be similar to the MnDOT topsoil borrow
requirements.
F. The applicant shall provide rain sensors for any irrigation system.
G. The applicant shall implement the use of Best Management Practices for
erosion control and stormwater management during construction.
H. The applicant shall utilize the MPCA Protecting Water Quality in Urban
Areas as a technical reference for erosion control.
I. Silt fence and/or tree protection fence is to be removed following
establishment of vegetation as determined by an inspection by City staff.
J-: Provide a play area/tot lot for residents of this development.
K. Relocate the northerly trash enclosure. Provide screening of any proposed
trash enclosure areas consistent with the City Requirements.
L. Install an eight foot high sound wall along the south property line, consistent
with the traffic noise assessment report.
M. The applicant must meet the City's Woodland and Tree Management
Ordinance requirements.
N. There shall be the placement of at least one overstory shade deciduous tree in
the front yard.
O. There shall be sod placement in front yards and seed or sod placed in side and
rear yards.
P. The applicant shall adhere to the NPDESPhase II permit requirements for
erosion control before, during, and after earth moving activities.
Q. The applicant shall plant a diversity of tree species along the boulevard to
reduce the impacts of potential tree diseases or epidemics that may occur in
the future. The applicant must plant different species adjacent to each other
along the boulevard and may not plant more than 15 trees of the same
species. Recommended tree species to utilize in this area are:
a. Hackberry (Celtis oCcidentalis)
b. Northern Catalpa (Catalpa speciosa)
c. Bur oak (Quercus macrocarpa)
d. White cedar (Thuja occidentalis)
e. Eastern white pine (Pinus strobes)
R. The private roadway shall be constructed to City standards.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,
held the _ day of , 2006.
Mayor of the City of Shakopee
Attest:
Judith S. Cox, City Clerk
H:\CC\2006\1 0-17\(060 14 )fpshakopeelanding
Dale Willenbring
Shakopee Development, LLC
9790 Inver Grove Trail
LG.H, MN 55076
September 25th, 2006
City of Shakopee
Mayor:
John Schmitt
Councilors:
Steven Clay,
Terry Joos
Steve Menden
Matt Lehman
Gentlemen,
Please accept this letter as our formal request to change the name
of a previously approved plat from Vierling Estates 2nd Addition to Shakopee
Landing.
This change, if granted, will relieve concerns that the county has and allow
them to record the plat. According to Scott County Recorder Pat Boechman, the
county will not record a plat containing "2nd Addition" without previously or
concurrently recording a plat containing" 1 st Addition". It was our
initial intention to record and develop Vierling Estates 1st Addition before
recording and developing Vierling Estates 2nd Addition. However, due
to unforeseen circumstances, we unfortunately are not in a position to submit
Vierling Estates 1st Addition at this time. However, grading, improvements and
construction has already begun on Vierling Estates 2nd Addition. As such, I
feel it is in the city's, the county's and the developer's best interest to change the
name of this plat in order to have it in a form that is acceptable to Scott County.
It is my understanding that this name change is the last obstacle we
face before the county will record the plat. Pat Boechman stated she has seen this
situation arise before and the only way to accept the plat was to have the name
changed via a city resolution. Also, I have verified with Pat directly that Shakopee
Landing would be an acceptable name. With this, we respectfully ask your
approval of our request to change the plat's name.
With regards,
Dale Willenbring
cc: Mark Noble, Don Willenbring
CITY OF SHAKOPEE
MEMORANDUM
To: Mark Noble, Project Manager
From: Mark Themig, Parks, Recreation, and Facilities Director
Date: September 28, 2006
Subject: Vierling Estates" Private Recreation Amenities
The Resolution approving Vierling Estates" contained conditions that relate to requiring
the developer to provide private recreational amenities. These conditions can be found
in I.K. and II.J.
By requiring these amenities in past development resolutions, it has created issues for
the City in ensuring developers comply with the requirements, although the amenities
are actually private improvements instead of public improvements. Brittany Village was
the most recent example.
Given the experiences we had with Brittany Village and the discussion that City Council
had at their meeting when presented with these issues, I believe that we should
eliminate any reference to requiring private recreational amenities in resolutions. We
should ensure that the general policies in the City's comprehensive park plan are met,
which requires neighborhood parks to be .25 to .5 miles from each residence.' However,
if a developer chooses to install private amenities, they are doing so at their own choice,
not at the direction of the City.
Vierling Estates " does meet the City's comprehensive park plan's policies for distance
to a park (Emerald Lane tot lot, .25 miles, and Scenic Heights Park, .4 miles). Since the
resolution for Vierling Estates 2 is being revised, I think we should recommend that the
revised resolution' also eliminate any reference to private recreational amenities for this
development. The resolution should retain the requirements for the trails, which are
pUblic improvements.
Please let me know if you have any questions.
_Y!9N[L~~ eHAKOf=EE J..ANO ING
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',oI04pro)\04763MS\2nd addIUon\04763Ip2nd.clwg. 9/26/2006 3:26:04 PM SH[E T 2 OF 2 SHEETS