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HomeMy WebLinkAbout10.B.1. Request for Issuance of Building Permits in Valley Creek Crossing 2nd Addition Io. 8.t CITY OF SHAKOPEE Memorandum CASE NO.: NA TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request for Issuance of Building Permits in Valley Creek Crossing 2 " Addition MEETING DATE: October 16, 2012 REVIEW PERIOD: NA ACTION SOUGHT: The City Council is asked to determine whether to allow the issuance of building permits in the plat of Valley Creek Crossing 2 " Addition before "substantial completion" as that is defined in Resolution No. 6059 (attached). INTRODUCTION: ACC has requested that they be issued building permits for ten houses prior to completion of improvements. The Public Works Director has communicated to planning staff that the requested permits should only be issued upon the completion of the following; • Submittal of an as -built grading plan; • Submittal of a water operating plan for Shakopee Public Utilities Commission; • Completion of the bituminous base course on streets; • No other permits be issued until "substantial completion." Attached for the Council's information are a) the October 5, 2012 letter from Kubes Realty and Associated Capital Corp. making the request and b) a copy of Resolution No. 7210 approving the final plat of Valley Creek Crossings Second Addition. ALTERNATIVES: 1. Offer and pass a motion approving the issuance of up to ten building permits in Valley Creek Crossings 2 "d Addition prior to substantial completion as defined in Resolution No. 6059. 2. Offer and pass a motion approving the issuance of building permits in Valley Creek Crossings 2 " only upon substantial completion as defined in Resolution No. 6059. 3. Table the request to seek additional information. STAFF RECOMMENDATION: Staff recommends alternative no. 2 above. RELATIONSHIP TO VISIONING: This action relates to Goal B: Positively manage the challenges and opportunities presented by growth, development and change. H: \CC\2012 \10- 16- 12\ACC bldg permits.doc 1 ACTION REQUESTED: Offer and pass a motion approving the issuance of building permits in Valley Creek Crossings 2n only upon substantial completion as defined in Resolution No. 6059. R. Michael Leek Community Development Director H: \CC \2012 \10- 16- 12\ACC bldg permits.doc 2 K•U•B•E•S R E A L T Y "Full Service Realtor" October 5, 2012 Shakopee City Council Mark McNeill City Administrator Re: Building Permits for Valley Creek Crossing 2 Addition Dear Shakopee City Council and Mark McNeill, The week of October 8 2012 pavement should be going onto a large portion of Valley Creek Crossing 2 Addition. There have been several lots that have been pre -sold with home packages to get started as soon as possible. So we are requesting that the 70 lot development can be phased in 2 parts for building permit purposes. Attached is a map showing that phasing. The circled lots are the ones that have pre -sold homes and /or one model that the builders would like to get started on early because the homeowners are interested in closing by the end of the year if at all possible. Small utilities is planning on getting started the week of October 15 , 2012. We understand that there are some other requirements that need to be met to satisfy SPUC and the City Engineer but we would like to go on the October 16 2012 council meeting to get approval on up to 10 building permits in Phase 1 before Phase 2 is completed and then building permits to be available on the entire Phase 1 once all the class 5 is down on Phase 2. Thanks for your help in this matter. It means a lot to the development, the homeowners and the builders. Sincerely, ( ?4t-)7J P Le nder Hennen, President / • . y Kubes, Agent Associated Capital Corp. Kubes Realty 6/2 - / 1221 4th Avenue East, Suite #100 • Shakopee, MN 55379 115 1st Avenue SE, Suite #100 • New Prague, MN 56071 (952) 445 -9110 Fax: (952) 445 -9118 Toll Free: (800) 383 -7444 (952) 758 -9110 Fax: (952)758 -9118 — L- -_ — E - Mail: KubesRealty @KubesRealty.com Website: www.KubesRealty.com ille .,.. . • .. .... n A tit,. 5 ,L reS Ga eV j sit. VALLEY CREEK CROSSING SECOND ADDIT ON °j CIO J. D. 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S T A v v I T I v ,» 11 s.....alw0.aaw.r — SHEET 1 OF 1 SHEETS Doc. No. A 909071 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 06 -28 -2012 at 11:00 Recpt: 000000 James L. Hentges, County Recorder oa Fee: $ 46.00 CERTIFICATION OF RESOLUTION NO. 7210 I, Jeanette Shaner, Deputy City Clerk for the City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. 7210 presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 19th day of June, 2012 as shown by minutes of the meeting in my possession. Dated this 25th of June, 2012. Jeaette Shaner, Deputy City Clerk SEAL cg- RESOLUTION NO. 7210 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE FINAL PLAT OF VALLEY CREEK CROSSING SECOND ADDITION WHEREAS, Associated Capital Corp (ACC), applicant and property owner, has made application for final plat approval of Valley Creek Crossing Second Addition; and a1 19 CEO l P 479119 Q0 WHEREAS, the subject property is legally described as: G r oo 3 C1 The Northwest Quarter of the Northeast Quarter of Section 19, Township 115, Range 22, Scott County, Minnesota; and WHEREAS, on August 23, 2007, the Planning Commission recommended approval of the proposed preliminary plat of Maple Ridge Estates with conditions; and WHEREAS, on September 4, 2007, the City Council approved the preliminary plat of Maple Ridge Estates; and WHEREAS, the proposed final plat has been renamed to Valley Creek Crossing Second Addition; and WHEREAS, the proposed final plat of Valley Creek Crossing Second Addition is in substantial compliance with the approved preliminary plat of Maple Ridge Estates; and WHEREAS, the Shakopee City Council reviewed the Final Plat for Valley Creek Crossing Second Addition at its June 19, 2012 meeting; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the final plat of Valley Creek Crossing Second Addition is hereby approved subject to the following conditions: I. The plat shall be developed generally consistent with the area plat drawing dated May 7, 2012, unless otherwise specified in this approval. II. Trails shall be constructed along County Roads 78 and 17, as required by the Preliminary Plat approval. The applicant may work with the County to coordinate trail construction with the County Road improvement project. If this alternative occurs, the applicant and the County may enter into an agreement to address financial securities (if applicable) for the construction of the trails. III. All material placed in the existing or future County right -of -way must be suitable for roadbed embankment in accordance with MnDOT specification 2105.3. IV. The final plat shall be revised to eliminate the 60 foot Maple Ridge Drive right -of -way width from the end of the cul -de -sac to CSAH 17. A 20 foot drainage and utility and trail easement should be provided in its place for emergency access purposes. The drainage and utility easement shall be provided on the plat. The trail easement shall be provided via separate document for recording. The emergency access shall be removed in the future when Jennifer Lane is extended to the South. V. The variance request for 30 foot front yard setbacks on the Low Density Residential (R -1 A) Zone lots is hereby denied consistent with the following criteria and findings: 1. When the application for the variance establishes that there are practical difficulties in complying with the official control. Practical difficulties means the following: i. The property owner proposes to use the property in a reasonable manner not permitted by an official control; Finding: The property owner proposes to use the property in a manner not permitted by an official control. It is reasonable to expect the property owner to meet the official control of a 35 foot front yard setback on newly created, vacant residential lots which are sized appropriately to accommodate the official control. ii. The plight of the landowner is due to circumstances unique to the property; Finding: The plight of the landowner is not due to circumstances unique to the property. The applicant is working with a greenfield (vacant) development and has the opportunity to propose a lot lay -out that allows all official controls to be met as required by the Zoning Ordinance. iii. The circumstances were not created by the landowner; Finding: The circumstances were created by the landowner in that they are making the request for the variance. iv. The variance, if granted, will not alter the essential character of the locality; and Finding: The variance, if granted, would create a situation where the design standards of the R -1A Zone, that were diligently and purposefully enacted by the City in order to create a variety of single family development opportunities, are not complied with. v. The problems extend beyond economic considerations. Economic considerations alone do not constitute practical difficulties. Finding: The problems do not extend beyond economic considerations. The applicant's stated purpose for the variance request is to reduce the amount of tree removal. Without specific home designs being proposed, the City is unable to verb the extent or impact of tree removal on site. 2. It has been demonstrated that a variance as requested will be in harmony with the general purposes and intent of the ordinance and when the variance as requested is consistent with the Comprehensive Plan. Finding: The variance, as requested, would allow a reduction in design standards that are an integral part of the differences in standards required between the Low Density Residential (R -1A) Zone and the Urban Residential (R -1 B) Zone. 3. The request is not for a use variance. Finding: The request is not for a use variance. 4. Conditions to be imposed by the Board of Adjustment and Appeals (City Council) must be directly related to and must bear rough proportionality to the impact created by the variance. Finding: No conditions are proposed to be imposed. 5. Variances in the fioodplain overlay zone also shall meet the following criteria Finding: Not applicable because the area is outside of the floodplain overlay zone. VI. 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, as well as payment of engineering review fees, and any other fees as required by the City's adopted fee schedule. 6 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 storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Storm Water Storage and Treatment Charges, and Trunk Sanitary Sewer Charges, as required by the most current City of Shakopee Fee Schedule. 6. Payment of all storm water management review charges as required by the most current City of Shakopee Fee Schedule. 7. The applicant shall meet park dedication requirements by providing cash in lieu of land dedication. 8. 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 based on the fees in effect at the time of final plat approval and shall be paid before the final plat is recorded. C. Provide electronic files (AutoCAD and Adobe Acrobat formats) of the Final Plat to be recorded with datum on the Scott County coordinate system. D. Right -of -way, in the form of sight triangles fifteen (15) feet in dimension, will be provided at all local street intersections. E. Sight triangles 25 feet in dimension at all local street intersections with a County Highway shall be provided. F. Easements need to be shown on the Final Plat as approved by the City Engineer. They will include, but are not be limited to, the following: 1. Minimum drainage and utility easements for 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. 2. Provide additional drainage and utility easement in the rear of Lot 6 of Block 3 to accommodate drainage from Lot 7 of Block 3. 3. Provide a minimum of twenty -five (25) feet of drainage and utility easement centered on the proposed storm sewer between Lots 5 and 6 of Block 1. 4. Provide a minimum of twenty -two (22) feet of drainage and utility easement centered on the proposed storm sewer between Lots 13 and 14 of Block 1. 5. Outlot A shall be deeded to the City of Shakopee. 6. Provide a drainage and utility easement over all of Outlot B. 7. Provide forty -seven (47) feet of drainage and utility easement south of the proposed sanitary sewer between SMH2 and SMH1. This width can be reduced as the depth of the sanitary sewer decreases, but will not be less than thirty-two (32) feet. 8. Provide a minimum of twenty -seven (27) feet of drainage and utility easement centered on the proposed storm sewer between Lots 3 and 4 of Block 4. 9. Provide a minimum of thirty -four (34) feet of drainage and utility easement centered on the proposed storm sewer between Lots 9 and 10 of Block 4. T. The applicant shall provide 15 foot drainage and utility and trail easements along CR 78 and 17. The drainage and utility easement and trail easement shall be granted over Outlots D and C. The trail easement shall be provided by separate document for recording. The drainage and utility easement shall be shown on the Final Plat. VII. Following approval and recording of the final plat, the following conditions shall apply: A. No public improvements will be constructed until the City Engineer and the Shakopee Public Utilities Commission (SPUC) approves the required Final Construction Plans and Specifications. 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. Noise issues along the County roadways may arise as traffic levels increase in the area. The developer and/or their assigns shall be responsible for any required or desired noise mitigation measures. D. The developer should implement the use of Best Management Practices for erosion control and stormwater management during construction. E. All work within the County right -of -way shall require a County permit. F. The applicant shall install open space and trail boundary signage as determined to be needed by the city. G. The applicant shall provide six inches of topsoil for the establishment of turf and plantings. The soil composition should be similar to the MnDOT topsoil borrow requirements. H. One overstory shade deciduous tree is required in the front yard of each lot. I. Buildings require sod placement in front yards and seed or sod placed in side and rear yards. J. Irrigation systems require rain sensors. K. Storm ponds should be seeded with a native wetland seed mixture and erosion control blanket should be placed four feet either side of the normal water level and around outlets to prevent erosion and sediment deposits downstream surface waters. L. The applicant is responsible for preserving all trees indicated as saved on the plans. If, as a result of mass grading, any of these trees are determined to be wounded sufficiently to be considered dead or dying by the Natural Resources Coordinator, the developer will be required to replace the tree(s) according to the Woodland and Tree Management Ordinance. M. Tree protection fence for mass grading is to remain in place the duration of the land disturbing activities, including the building of residential homes. Removal of the silt fence and tree protection fence for mass grading will be the responsibility of the developer. N. The homes shall provide year -round climate control. 0. The exterior to interior noise reduction of 30 dBA or greater (specific construction requirements shall be met as specified in the May 22, 2012 noise assessment conducted by David Braslau Associates, Inc. P. Berms and fencing shall be constructed on the site consistent with the assumptions made in the May 22, 2012 noise assessment. Adopted infiregular session of the City Council of the City of Shakopee, Minnesota, held the /97 day of �u � , 2012. / ft �/ of the "ity of Shakopee Attest Di i° -. t Juli Li nthan, City Clerk 9 RESOLUTION NO. 6059 A RESOLUTION OUTLINING THE MEANING OF SUBSTANTIALLY COMPLETE AS CONTAINED IN THE DEVELOPER'S AGREEMENT FOR PUBLIC IMPROVEMENTS WHEREAS, the City of Shakopee requires the developer of a new subdivision to enter into a Developer's Agreement to insure completion of required public improvements; and WHEREAS, the Developer's Agreement authorizes the issuance of building permits when required improvements are substantially complete; and WHEREAS, the City Council desires to clarify when required improvements are considered substantially complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that public improvements shall be deemed substantially complete as outlined in "Exhibit A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that any policies or resolutions inconsistent herewith are hereby repealed. Adopted in/2,�, session of the City Council of the City of Shakopee, Minnesota held this /a- day of 9,7262 , 2004. k -4( i 1L / . or ATTEST: 9 5 , Y7z, - ) - 5714:7xrze- , ^.-- ) 4: City Clerk EXHIBIT "A" "Substantially Complete" shall be defined as follows: • All utilities including sanitary sewer, watermain, storm sewer and utility services are installed, tested and approved by the City Engineer and Shakopee Public Utilities. • All site grading is complete and erosion control measures are in place and approved by the City Engineer. • All curb and gutter is installed and approved by the City Engineer. • Trails and sidewalks, as required by the City Engineer, are installed and approved by the City Engineer. • The bituminous base course is installed on all roadways within the development phase and approved by the City Engineer.