The URL can be used to link to this page

Home My WebLink About15.B.4. Text Amendment Regarding Certification of foundation level, final grades and topsoil-Ord. No. 730 / ~. G. 'I. CITY OF SHAKOPEE Memorandum CASE LOG NO.: OSDS'I TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding Certification of foundation level, final grades, and topsoil MEETING DATE: April 19, 2005 INTRODUCTION: In recent years and in some newer single-family residential developments, city staff has encountered situations where building foundation levels are found to be outside acceptable tolerances, and where the final lot grades do not match city-approved grading plans for a subdivision. In addition, there is an ongoing concern that the topsoil requirement for residential properties be met. For those reasons, staff is suggesting to the Council changes to City Code Chapter 4 that would require building permit holders to provide written verification of these items from a registered land surveyor. A draft ordinance embodying these changes is attached for Council's consideration. Staff has looked at other alternatives that involve city staff or a contractor of the city to inspect for these items. However, staff believes that the alternative suggested puts the onus where it belongs (i.e. on the builders), and may in fact be less costly for builders than if the city were to perform the inspections and charge for them. In order to make the building and development community aware of these contemplated changes, for about the past 5 weeks, the attached notice has been distributed to members of the building community. AL TERNATIVES: 1. Approve OrdinanceNo. 730, revising City Code Chapter 4. 2. Approve Ordinance No. 730, with revisions. 3. Do not approve Ordinance No. 730. 4. Table the matter for additional information. ACTION REQUESTED: Approve Ordinance No. 730, revising City Code Chapter 4. /J 4k~~ R. Michael Leek Community Development Director ORDINANCE NO. 730, FOURTH SERIES . AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 4, CONSTRUCTION LICENSING, PERMITS AND REGULATIONS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter CHAPTER 4, CONSTRUCTION LICENSING, PERMITS AND REGULATIONS, is hereby amended by deleting the following struck through language or adding the following underlined language. SEC. 4.06. INSPECTIONS Subd. 5. Prior to, or at the time of, footing inspection, the building permit holder shall submit to the Building Official or their assigns written verification by a registered land surveyor that the foundation elevation matches the approved foundation elevation within acceptable tolerances determined by the Building Official or the Building Officials assigns. SEC. 4.07. CERTIFICATE OF OCCUPANCY. SUBD. 3. CERIFICATION OF FINAL GRADES AND TOPSOIL. Prior to the issuance of a final certificate of occupancy for a structure, the permit holder shall submit to the Building Official or the Building Official's assigns written verification by a registered land surveyor that the final (or as-built) grades for the site are consistent with the approved grading plan, and that the subject site contains the amount oftopsoil required under Chapter 11, Zoning, or other provisions of the City Code. Re-number accordingly. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of ,2005. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the _ day of ,2005. NOTICE OF PROPOSED ., . . . ... -'" .- CiTY POLICY' CHANGE" .. REGARDING: 1) FOUNDATION ELEVATION; 2) FINAL GRADES; AND 3) TOPSOIL In the past the City has had a number of issues to resolve that relate to 1) foundations that have not been constructed to the planned elevation(s); 2) final grades on lots that have not matched the grading plans submitted and approved for plats, and 3) failure to provide the required topsoil on residential lots. To address these issues, city staff expects to propose policy changes to the Shakopee City Council on AprilS, 200S that would provide or require the following; 1. At or by the time that the footing inspection is conducted, the permit holder submit written verification bya registered land surveyor of the foundation elevation. The proposed policy will provide for some tolerance variation. 2. At the time of fmal inspection, and prior to issuance of a fmal certificate of occupancy for a structure, the permit holder or buj.lder submit written verification by a registered land surveyor of the fmaI, or as built, grades, as well as verification that the required topsoil is present on the site. There is no additional fee proposed in conjunction with this set of contemplated policy changes. Copies of the certifications will be kept in the City's property files. If you have questions regarding the proposed policies you can contact either the City's Building Official, Jim Grampre, or Community DevJlopment Director, Michael Leek by calling (952) 233-9300. J s. f5 ."1 · RYLAND o"'{ p, kL ~ 1'h0 ~~!~~~'td (~~'QU~'.. h1i~~ 7600 E.~:ecu;ivr:; Drive 2d~::'1 Pn.:::ris, Nd'l 553A4 Comrao::,'or's Lie fr' 2a035..:~4,'3 April 19, 2005 \^,\V'N.r~/jonJ.com Mr. Jim Grampre Building Official Shakopee City Hall 129 Holmes Street South Shakopee, MN 55379-1328 RE: Notice of proposed City policy change regarding; foundation elevation, final grades, and topsoil Dear Mr. Grampre: Thank you for taking the time yesterday to review with me the proposed City policy changes regarding foundation elevations, final grades and topsoil. Per our conversation, Ryland understands the proposed policy changes are the following: 1. Foundation Elevation. This is a verification that the building foundation matches (within approved tolerances) the approved survey's elevation prior to framing, and not prior to or at the time of footing inspection. 2. Final Grade Certification. This is a verification on the fmal grades of a lot. Grades need to be consistent with the grades noted on the survey approved at permitting. 3. Top Soil. The required topsoil is an existing policy with the City. ConfIrming the amount of topsoil will not necessarily be the responsibility of the surveyor. For Ryland, a Foundation Elevation As-Built will cost between $250.00 to $350.00 per job and a Final Grade Certification will cost $430.00. With a total added cost of $680.00 to $780.00 per home. This is a considerate amount of cost to the construction of a home. A number of Cities within the metro due require Final Grade Certification and a couple require a Foundation Elevation As-Built, but I am unaware of any city requiring both. Ryland requests that the City of Shakopee implement just one of the checks, either the Foundation Elevation As-Built or the Final Grade Certification to insure lots are graded per the approved lot survey. Furthennore, from our conversation, Ryland understands that these new policies are the result of grading problems caused by different builders working on neighboring lots. Since this is not the case in a typical multi-family development, Ryland requests that the new policy be implemented in single-family communities only. Furthennore, will the City's Building Department be managing these new policies? Finally, Final Grade Certifications cannot be obtained during the winter months. What provisions will be put in place to issue a certificate of occupancy without a Final Grade Certification during the winter? I would appreciate ~hese requests and questions be addressed by Staff and the City Council prior to approval of any new policy. Thank you for taking the time to review Ryland's concerns with this matter. If you have any questions' with regard to this letter please call me at (952) 229-6007. s~~ Mark Sonstegard Land Development Manager Ryland Homes, Twin Cities CC: Michael Leek, Community Development Director, City of Shakopee