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HomeMy WebLinkAbout5.A.1. Extension Request for Final Plat of Interstate AdditionCASELOG: NA TO: Mayor and City Council Mark McNeill, City Administrator CITY OF SHAKOPEE Memorandum FROM: Mark Noble, Planner II RE: Extension Request for Final Plat of Interstate Addition DATE: February 1, 2011 g: \cc \2011\02-O 1 \exfp interstate. doc 51 A INTRODUCTION & DISCUSSION The City has received a request from Gordon Galarneau, Chairman with Interstate Companies, Inc. to extend the approval of the Final Plat of Interstate 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 21, 2009. Due to unforeseen economic matters, the applicant is not prepared to proceed with the recording of the plat within the allotted two year time frame (April 21, 2011); therefore, they have requested an extension to April 20, 2013 be granted. The applicant has not proposed any changes to the approved plat. ALTERNATIVES 1. Extend the approval period for the final plat of Interstate Addition to April 20, 2013. 2. Extend the approval period for the final plat of Interstate Addition by another amount of time. 3. Do not extend the approval period for the final plat of Interstate 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 for Interstate Addition to April 20, 2013 (Alternative No. 1). ACTION REQUESTED Offer a motion to extend the approval period of the final plat of Interstate Addition to April 20, 2013, and move its adoption. .0■114 EEED • R3 1 7 . . 4TH 131 AG -R1B 1 \ 1-1EASTWAVIAV DI ;03 1 11K b N 111011111111 I — AG j 1SfAVE E — 1 r i 1 RiBE do.cpce.„ MR ■ SHAKOPEE COMMUNTLY PRIDE SINCE 1857 CUP - PP - FP for Interstate Subject Property Shakopee Boundary 1 Zoning Boundary Parcel Boundary INTERSTATE COMPANIES, INC. November 18, 2010 R. Michael Leek Director of Community Development City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Preliminary Plat and Conditional Use Permit Interstate Power Systems, Inc.— Shenandoah Business Park ( "Interstate Addition ") Dear Mr. Leek: 2601 American Blvd. East • Minneapolis, MN 55425.952- 854 -2044 The Shakopee City Council approved the preliminary and final plat for Interstate Addition on April 21, 2009. Under Section 12.10, Subd. 1 of the Shakopee City Code, Interstate has two years from the date of the resolution to complete the Developer's Agreement and record the final plat. That two year period expires on April 20, 2011. Section 12..10, Subd. 2 of the Shakopee City Code authorizes the council to extend the date on which the final plat must be recorded. Interstate submits this letter to request an extension of the deadline date foi recording of the final plat and completion of the Developer's Agreement to April 20, 2013. On December 1, 2009 the Council adopted a resolution extending the related Conditional Use Permit until one year after the date on which the final Interstate Addition plat is recorded and thus no further action should be required with respect to the Conditional Use Permit. The plat approval in April of 2009 was granted in the midst of the worst recession our country has experienced since the Depression of the 1930s. It was our hope at that time that the economic recovery following the recession would be well under way by April of 2011. As we all know, the recovery has been slower than hoped for and many challenges remain. Among them, there continues to be significant uncertainty in the commercial real estate market and the ability to finance such projects. These macro economic conditions have affected Interstate just like every other business and slowed down our ability to expand our operations. INe remain committed to relocating our business to Shakopee and bringing new jobs and economic activity to the area. However, we will not be able to get that accomplished by the current deadline date in April of 2011. Michael Leek November 18, 2010 Page 2 of 2 We therefore request that the City Council approve an extension of our deadline for completing the Developer's Agreement and recording the final Plat through April 20, 2013. It is our belief at this time that the general state of the economy will improve sufficiently over the next year that we can begin to realize our plans to move the business to Shakopee. Because of the highly specialized nature of our business and the sophisticated nature of the equipment that is needed to run our operation, it will take over a year of extensive planning and incremental investment to plan and begin to implement the transition of our operations to Shakopee. Therefore, we request an extension to April 20, 2013. We appreciate the Council's support of our efforts to bring new business and jobs to Shakopee. Please advise if you need any further information, Very truly yours, Gordon Galarneau Chairman Interstate Companies, Inc. cc: Bill Katter, United Properties A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE PRELIMINARY AND FINAL PLAT OF INTERSTATE ADDITION WHEREAS, Pope Associates, Inc., applicant, and Interstate Companies, Inc., property owner, have made application for preliminary and final plat approval of Interstate Addition; and WHEREAS, the subject property is legally described as: All that part of the North One -Half of Section 5, Township 115, Range 22, Scott County, Minnesota, lying south of the southerly right -of -way line of the Chicago, St. Paul, Minneapolis and Omaha Railway Company as the same is now located and established over and across said Section 5, and lying west of the centerline of Shenandoah Drive; Excepting there from the following tract: The West 1,234.91 feet as measured at right angles to the West line thereof of that part of the Northwest Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, lying south of the southerly right - of -way line of the Chicago, St. Paul, Minneapolis and Omaha Railway Company as the same is now located and established over and across said Section 5; Excepting there from the South 639.08 feet, as measured at right angles to the South line thereof on said Northwest Quarter of Section 5. WHEREAS, the Planning Commission reviewed the preliminary plat on January 8, 2009, February 5, 2009, and March 5, 2009, and recommended approval of the proposed preliminary plat . with conditions; and WHEREAS, on April 7 and April 21, 2009, the City Council reviewed the proposed preliminary and final plat Finding #1 Finding #2 Finding #3 Finding #4 RESOLUTION NO 6892 WHEREAS, the City Council has evaluated the request and found the following findings: The proposed preliminary and final plat, if developed under the conditions proposed herein, complies with the requirements for approval of a plat under City Code Chapter 12 generally. The subject site contains bedrock materials very close to the surface. To the extent possible while yielding buildable sites, the proposed plat preserves the site 's natural features. To the extent that natural features such as woodland areas on the site cannot be preserved, the plat will be required to comply with City Woodland Management and Landscaping requirements. The proposed plat does not involve the construction of any additional public roadways,, but rather will utilize existing roadways that were developed and constructed with industrial use in mind. Installation of sanitary sewer, storm water management, and water facilities as a part of this plat from existing facilities will facilitate the future development of adjacent and nearby vacant I -1 zoned land. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA THAT THE PRELIMINARY AND FINAL PLAT OF INTERSTATE ADDITION IS HEREBY APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 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 Developer's Agreement, which shall include provisions for security for public improvements within the Final Plat and the engineering review fees. C. Payments of Trunk Sanitary Sewer Charges shall be made, as required by the most current City of Shakopee Fee Schedule. D. Payments of Trunk Storm Water Charges and Trunk Storm Water Storage and Treatment Charges shall be made, as required by the most current City of Shakopee Fee Schedule. E. Provide electronic files.(AutoCAD and Adobe Acrobat formats) of the Final Plat to be recorded with datum on the Scott County coordinate system. F. The applicant shall submit a thawing clearly showing how the entire site, in a fully developed condition, will be served by private utilities. G. Street lighting shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. H. Electrical system shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. I. Water system shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. J. The applicant shall obtain an NPDES permit prior to any land disturbing activity. A copy of this permit shall be forwarded to the City.. The applicant shall adhere to all NPDES Phase. II permit requirements for erosion control before, during, and after earth moving activities. K. Park dedication fees in the amount required by the City Code and adopted City fee schedule shall be paid prior to the recording of the final plat of Lot 1, Block 1, Interstate Addition. Park dedication payment for Outlot A, Interstate Addition (Lots 2, 3, 4 & 5 as identified in the preliminary plat), shall be paid in an amount consistent with the City of Shakopee adopted fee schedule in place at the time of final plat recording for those parcels. L. The applicant has yet to receive final approval of the site's storm water management plan. Please see the attached memo from Todd Hubmer and Ted Witkowski of WSB & Associates, Inc. dated December 31, 2008, which outlines the items that need to be addressed in order to approve the plan. M. Easements need to be shown on the Preliminary and the Final Plat as approved by the City Engineer. They shall include, but not be limited to, the following: • Minimum drainage and utility easements for public sanitary sewer and public storm sewer need to be dedicated per the City of Shakopee Design Criteria, Section 10.1 (A -D). The easements need to be centered along the public utility alignments. • Provide adequate drainage and utility easements to encompass the approved high water levels for all storm water basins (temporary and permanent). • For the proposed storm sewer from FES #3 to STMH #4 to FES #5, provide a minimum of twenty (20) feet of drainage and utility easement, centered along the utility alignment. • For the proposed storm sewer from FES #6 to STMH #7 to FES #8, provide a minimum of twenty (20) feet of drainage and utility easement, centered along the utility alignment. • For the proposed storm sewer from FES #9 to STMH #10 to FES #11, provide a minimum of twenty (20) feet of drainage and utility easement, centered along the utility alignment. • For the proposed storm sewer from FES #12 to Stand Pipe #13, provide a minimum of thirty -seven (37) feet of drainage and utility easement, centered along the utility alignment. • Provide a minimum of ten (10) feet of drainage and utility easement at the base /toe of the proposed berms within Outlot A. • Provide adequate drainage and utility easements to encompass the entire emergency overflow route from the temporary storm water basin located in Outlot A to the site's ultimate emergency overflow. • Provide a minimum of ten (10) feet of drainage and utility easement along the interior of Outlot A. • For the proposed sanitary sewer from SSMH #5 to the existing eight (8) inch stub, provide a minimum of twenty -eight (28) feet of drainage and utility easement, centered along the utility alignment: +" Drainage and utility easements from SSMH #5 to SSMH #6 to SSMH #7 to SSMH #8 are not required as this is a private service. Following approval and recording of the final plat, the following conditions shall apply: A. 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. B. The applicant shall provide rain sensors for any irrigation system. C. The applicant shall provide storm water computations for the proposed site to insure the downstream system can accommodate the runoff. D. The applicant shall provide inlet protection to the storm sewer catch basin consistent with City standards. E. The applicant shall implement the use of Best Management Practices for erosion control and stormwater management during construction. F. The applicant shall utilize the MPCA Protecting Water Quality in Urban Areas as a technical reference for erosion control. G. The applicant shall plant replacement trees hardy to Scott County climates. Recommended tree species to utilize in this area are: a. Hackberry . (Celtis occidentalis) b. Northern Catalpa (Catalpa speciosa) c. Bur oak (Ouercus macrocarpa) d. White cedar (Thuja occidentalis) e. Eastern white pine (Pinus strobes) H. The applicant shall submit a landscaping plan for all areas where clearing and grubbing are approved, for review and approval by the City of Shakopee. I. The applicant shall replace all trees that are to be cut down with the appropriate number and species to be determined by City staff and the Woodland and Tree Management Ordinance. J. Silt fence and /or tree protection fence shall be installed prior to any site work and /or tree removal, consistent with the City Code requirements. This fencing is to be removed following establishment of vegetation as determined by an inspection by City staff. K. The applicant shall comply with the City's Woodland and Tree Management Ordinance requirements. L. The applicant shall mix tree species along Shenandoah Drive to prevent the impacts from disease. M. The applicant shall not plant trees and /or shrubs within five (5) feet of all property lines, nor within any drainage and utility easements. N. The applicant shall receive approval from the City prior to clearing and grubbing for development of Lot 1, Block 1. Additionally, the applicant is approved to clear and grub on Outlot A to accommodate utility installation, consistent with • submitted plans O. The applicant shall design and development a trail along the east side of Shenandoah Drive, consistent with City Code requirements. P. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). Q. The developer and /or their assigns shall be responsible for any required or desired noise or dust mitigation measures. R. The applicant shall meet the screening and landscaping ordinance requirements of the City Code. S. Any impact this development has, as far as adjusting or relocating existing facilities, is subject to reimbursement to Time Warner Cable applicable costs of relocation /adjustment and subject to scheduling of work requested. T. The Planning Commission reviewed and studied the safest and most feasible location for the construction of a trail along Shenandoah Drive to accommodate future trail connections, and selected the east side of Shenandoah Drive; therefore, the developer shall construct the trail consistent with this selection and consistent with City Code requirements. III. Following approval and recording of the final plat, the following conditions need to be addressed /completed prior to approval of a grading permit and /or a street and utility plan: A. No public improvements (site grading and street and utility) will be constructed until the City Engineer and the Shakopee Public Utilities Commission (SPUC) approves the required Final Construction Plans and Specifications. The applicant will grade the entire site, as proposed on the submitted plans, in one phase within one year from the date of approval of the grading permit application. Grading will be defined as bringing the site up to the proposed finished grade with materials deemed acceptable by the City of Shakopee Engineering Department, providing topsoil per City requirements and applying seed, mulch and /or sod per City requirements and providing an as -built grading plan per Section 2.5 of the City of Shakopee Design Criteria. C. The applicant needs to denote the installation of two (2) feet of an impermeable clay liner below the approved normal water level to the bottom of all storm water basins. D. The applicant needs to denote a top of berm width of a minimum of eight (8) feet over the public sanitary sewer within Outlot A. E. The applicant needs to remove all proposed landscaping from within drainage and utility easements per the most recent version of the City of Shakopee Easement Fencing and. Landscaping Policy. Areas that are not in compliance include, but are not limited to, the following: a. Drainage and utility easements encompassing the approved high water levels of all storm water basins. b. Drainage and utility easements encompassing the emergency overflow route from the temporary storm water basin in located Outlot A. c. The drainage and utility easement centered on the storm sewer alignment from FES #2 to STMH #1 to the existing eighteen (18) inch corrugated metal pipe. d. The drainage and utility easement centered on the storm sewer alignment from FES #3 to STMH #4 to FES #5. e. The drainage and utility easement centered on the storm sewer alignment from FES #6 to STMH #7 to FES #8. f. The drainage and utility easement centered on the storm sewer alignment from FES #9 to STMH #10 to FES#1 1. g. The drainage and utility easement centered on the storm sewer alignment from FES #l2 to Stand Pipe #13. F. The applicant shall work with the City of Shakopee to raise all portions of the proposed retaining walls above the approved normal water levels in all storm water basins. G. The applicant shall work with the City of Shakopee to remove all proposed retaining walls from within drainage and utility easements containing public storm sewer pipe. H. At all proposed parking lot curb cuts draining to storm water basins, the applicant shall provide a catch basin in the parking lot leading to a flared end section at the approved normal water level. The storm sewer pipe needs to be reinforced concrete. The applicant shall provide a defined outlet (piped or overland) from the temporary storm water basin along 4 Avenue to Stand Pipe #13. J. STMH#1, STMH #4, STMH #7 and STMH #10 need to be replaced with pond skimmer structures per the City of Shakopee General Specifications and Standard Detail Plates for Street and Utility Construction (Detail Number 4012). K. The applicant shall work with the City of Shakopee to provide adequate cover over the top of the proposed public sanitary sewer within Outlot A. L. The applicant has yet to receive approval of the site's storm water management plan. Please see the attached memo from Todd Hubmer and Ted Witkowski of WSB & Associates, Inc. dated December 31, 2008, which outlines the items that need to be addressed in order to approve the plan. 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. Recorded plans need to be provided per the City of Shakopee Design Criteria, Section 2.5 and Section 11.2 (A -L). The recorded plans need to be submitted to the City of Shakopee Engineering Department. B. The applicant shall provide staff information pertaining to any proposed blasting activities. This information shall include: 1. Proof of insurance coverage for damage to neighboring properties. 2. How they intend to monitor vibrations caused by blasting activity in the vicinity of the residences. 3. Video tapes of the exterior and interior of residences prior to commencing with blasting activities in order to confirm existing conditions. Adopted i held the Attest: y Cox, City Cl: k lar session of the City Council of the City of Shakopee, Minnesota, day of l 11)A0? , 2009. ity of Shakopee