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HomeMy WebLinkAbout01/11/1999 • TENTATIVE AGENDA ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 11, 1999 -Monday - LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 4:00 p.m. 2] Approval of Agenda 3] Recess for executive session to discuss pending litigation 4] Re-convene 5] Work Session a. Subdivision Regulations b. CR-83 and CR-16 Realignment 6] Other business 7] Adjourn to Tuesday, January 19, 1999, at 7:00 p.m. # S. a , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Subdivision Review Committee DATE: January 5, 1999 As a result of your review of the product of more than two years of work by them,the Subdivision Review Committee has been notified of, and invited to attend the workshop to be held next Monday at 4:00 PM. Members of the Committee are: Terry Joos, Jon Albinson,Horst Graser, Gayl Madigan, Jim Johnston, Clete Link, John Schmitt, and Jane DuBois. Wi:JUrUtc-A-td Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Chapter 12 of the City Code, Subdivision Regulations, and Design Criteria MEETING DATE: January 11, 1999 (Workshop Meeting) INTRODUCTION: In 1996 the City of Shakopee established a Subdivision Review Committee(SRC)to review and recommend revisions to the City's subdivision regulations. In addition to the ordinance itself,the SRC reviewed the City's design criteria. The subdivision regulations recommended for approval by the SRC are more specific than the current regulations in the following areas: • Definitions • Requirements for preliminary and final plat submissions • The process of preliminary and final plat review • The effect of approvals and the effect of approvals. The proposed regulations differ from the current ordinance in that several specifications for public improvements would be removed from the ordinance, and incorporated into the design criteria. The criteria could more readily be amended by the Council than if they are incorporated in the ordinance. PLANNING COMMISSION RECOMMENDATION: On November 5th the Planning Commission voted 6-0 to recommend to the Council the adoption of the ordinance, ordinance summary and design criteria. It's recommendation differs from the recommendation of the SRC in that the SRC had recommended a 32' local street width,while the Commission recommends a 30' local street width. 7 R. Michael Leek Community Development Director R.Michael Leek Page 1 01/08/99SUBORD.DOC CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Chapter 12 of the City Code, Subdivision Regulations, and Design Criteria MEETING DATE: November 5, 1998 INTRODUCTION: On April 9, 1998 the Planning Commission first received this item. It was subsequently tabled to allow revisions to be made, and for work to be completed on the related design criteria. Accompanying this memorandum for the Commission's use is the comparative table previously provided. Also attached is a copy of the proposed design criteria. ALTERNATIVES: 1. Recommend approval of the proposed subdivision ordinance as presented. 2. Recommend approval of the proposed subdivision ordinance with revisions. 3. Recommend denial of the proposed subdivision ordinance. 4. Continue the public hearing for additional input or information. 5. Close the public hearing, but table the matter for additional information ACTION REQUESTED: A motion either recommending approval as presented or with revisions. R. Michael Leek Community Development Director R Michael Leek Page 1 01/08/99SUBORD.DOC Comparison of Current Subdivision Ordinance and Proposed Ordinance Format: The basic ordinance format remains the same for consistency with the City Code. Substance: Section No. Current Ordinance Proposed Ordinance 12.01,TITLE,PURPOSE • Provides simplified,clearer AND INTERPRETATION statements of the purposes of the ordinance. • Provides simplified,clearer statements of applicability of the ordinance. • Consistent with state statute, specifies subdivisions that are not required to follow municipal process(Subd. 3.B.) 12.02,DEFINITIONS Adds definitions of the following, • Nonconformity, • Oversizing, • Street classifications 12.08/12.21,MINOR Follows normal subdivision • Relocated to the front of the SUBDIVISIONS process ordinance for ease of reference. • Further clarifies when prohibited,and process requirements 12.03/12.28, 12.32, • Clarifies requirements for Procedures/Preliminary/Fi compliance with submittal nal Plat Approval Process requirements,design criteria • Spells out basis for Planning Commission Recommendation(Subd.3.B.) • Final Plat process relocated to separate section(i.e. 12.32) • Sec. 12.32 spells out recording requirements,effect of approval and process for receiving extensions 12.40,DEVELOPER Clarifies developers obligations, SHALL CONSTRUCT standards to be met in constructing IMPROVEMENTS improvements and cost sharing. 12.41-12.51,CITY MAY Process spelled out in detail for CONSTRUCT constructing improvements, security,release of security, R.Michael Leek Page 2 01/08/99SUBORD.DOC r IMPROVEMENTS... timing,et.Al. 12.04-12.05/12.54-12.57, • Relocated,spelled out in Submittal Requirements greater detail 12.07,DESIGN Contains specific detail Specific detail to be contained in STANDARDS/12.60, design criteria document not a part DESIGN CRITERIA of the ordinance;facilitates modification of the criteria R.Michael Leek Page 3 O1/08/99SUBORD.DOC w CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Chapter 12 of the City Code, Subdivision Regulations, and Design Criteria MEETING DATE: January 11, 1999 (Workshop Meeting) INTRODUCTION: In 1996 the City of Shakopee established a Subdivision Review Committee(SRC)to review and recommend revisions to the City's subdivision regulations. In addition to the ordinance itself,the SRC reviewed the City's design criteria. The subdivision regulations recommended for approval by the SRC are more specific than the current regulations in the following areas: • Definitions • Requirements for preliminary and final plat submissions • The process of preliminary and final plat review • The effect of approvals and the effect of approvals. The proposed regulations differ from the current ordinance in that several specifications for public improvements would be removed from the ordinance, and incorporated into the design criteria. The criteria could more readily be amended by the Council than if they are incorporated in the ordinance. PLANNING COMMISSION RECOMMENDATION: On November 5th the Planning Commission voted 6-0 to recommend to the Council the adoption of the ordinance, ordinance summary and design criteria. It's recommendation differs from the recommendation of the SRC in that the SRC had recommended a 32' local street width,while the Commission recommends a 30' local street width. R. Michael Leek Community Development Director R.Michael Leek Page 1 01/08/99SUBORD.DOC 4 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Chapter 12 of the City Code, Subdivision Regulations, and Design Criteria MEETING DATE: November 5, 1998 INTRODUCTION: On April 9, 1998 the Planning Commission first received this item. It was subsequently tabled to allow revisions to be made, and for work to be completed on the related design criteria. Accompanying this memorandum for the Commission's use is the comparative table previously provided. Also attached is a copy of the proposed design criteria. ALTERNATIVES: 1. Recommend approval of the proposed subdivision ordinance as presented. 2. Recommend approval of the proposed subdivision ordinance with revisions. 3. Recommend denial of the proposed subdivision ordinance. 4. Continue the public hearing for additional input or information. 5. Close the public hearing, but table the matter for additional information ACTION REQUESTED: A motion either recommending approval as presented or with revisions. R. Michael Leek Community Development Director R.Michael Leek Page 1 01/08/99SUBORD.DOC rn Comparison of Current Subdivision Ordinance and Proposed Ordinance Format: The basic ordinance format remains the same for consistency with the City Code. Substance: Section No. Current Ordinance Proposed Ordinance 12.01, TITLE,PURPOSE • Provides simplified,clearer AND INTERPRETATION statements of the purposes of the ordinance. • Provides simplified,clearer statements of applicability of the ordinance. • Consistent with state statute, specifies subdivisions that are not required to follow municipal process(Subd. 3.B.) 12.02,DEFINITIONS Adds definitions of the following, • Nonconformity, • Oversizing, • Street classifications 12.08/12.21,MINOR Follows normal subdivision • Relocated to the front of the SUBDIVISIONS process ordinance for ease of reference. • Further clarifies when prohibited,and process requirements 12.03/12.28, 12.32, • Clarifies requirements for Procedures/Preliminary/Fi compliance with submittal requirements,design criteria nal Plat Approval Process • Spells out basis for Planning Commission Recommendation(Subd.3.B.) • Final Plat process relocated to separate section(i.e. 12.32) • Sec. 12.32 spells out recording requirements,effect of approval and process for receiving extensions 12.40,DEVELOPER Clarifies developers obligations, SHALL CONSTRUCT standards to be met in constructing IMPROVEMENTS improvements and cost sharing. 12.41-12.51,CITY MAY Process spelled out in detail for CONSTRUCT constructing improvements, security,release of security, R.Michael Leek Page 2 01/08/99 SUBORD.DOC or IMPROVEMENTS... timing,et.Al. 12.04-12.05/12.54-12.57, • Relocated,spelled out in Submittal Requirements greater detail 12.07,DESIGN Contains specific detail Specific detail to be contained in STANDARDS/12.60, design criteria document not a part DESIGN CRITERIA of the ordinance;facilitates modification of the criteria R.Michael Leek Page 3 01/08/99SUBORD.DOC /08 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Chapter 12 of the City Code, Subdivision Regulations, and Design Criteria MEETING DATE: November 5, 1998 INTRODUCTION: On April 9, 1998 the Planning Commission first received this item. It was subsequently tabled to allow revisions to be made, and for work to be completed on the related design criteria. Accompanying this memorandum for the Commission's use is the comparative table previously provided. Also attached is a copy of the proposed design criteria. ALTERNATIVES: 1. Recommend approval of the proposed subdivision ordinance as presented. 2. Recommend approval of the proposed subdivision ordinance with revisions. 3. Recommend denial of the proposed subdivision ordinance. 4. Continue the public hearing for additional input or information. 5. Close the public hearing, but table the matter for additional information ACTION REQUESTED: A motion either recommending approval as presented or with revisions. R. Michael Leek Community Development Director R.Michael Leek Page 1 10/29/98SUBORD.DOC Comparison of Current Subdivision Ordinance and Proposed Ordinance Format: The basic ordinance format remains the same for consistency with the City Code. Substance: Section No. Current Ordinance Proposed Ordinance 12.01,TITLE,PURPOSE • Provides simplified,clearer AND INTERPRETATION statements of the purposes of the ordinance. • Provides simplified,clearer statements of applicability of the ordinance. • Consistent with state statute, specifies subdivisions that are not required to follow municipal process(Subd. 3.B.) 12.02,DEFINITIONS Adds definitions of the following; • Nonconformity, • Oversizing, • Street classifications 12.08/12.21,MINOR Follows normal subdivision • Relocated to the front of the SUBDIVISIONS process ordinance for ease of reference. • Further clarifies when prohibited,and process requirements 12.03/12.28, 12.32, • Clarifies requirements for Procedures/Preliminary/Fi compliance with submittal requirements,design criteria nal Plat Approval Process • Spells out basis for Planning Commission Recommendation(Subd.3.B.) • Final Plat process relocated to separate section(i.e. 12.32) • Sec. 12.32 spells out recording requirements,effect of approval and process for receiving extensions 12.40,DEVELOPER Clarifies developers obligations, SHALL CONSTRUCT standards to be met in constructing IMPROVEMENTS improvements and cost sharing. 12.41-12.51, CITY MAY Process spelled out in detail for CONSTRUCT constructing improvements, security,release of security, R.Michael Leek Page 2 10/29/98SUBORD.DOC IMPROVEMENTS... timing,et Al. 12.04-12.05/12.54-12.57, Relocated,spelled out in greater detail Submittal Requirements 12.07,DESIGN STANDARDS/12.60, Contains specific detail Specific detail to be contained in design criteria document not a part of the ordinance;facilitates DESIGN CRITERIA modification of the criteria R.Michael Leek Page 3 10/29/98SUBORD.DOC CityShakopeeof Design Criteria Approved , 1998 City of Shakopee Design Criteria Page 1 Table of Contents Design Criteria - Grading, Street and Utility Improvements Sect. 1 Grading Sect. 2 Soil Erosion and Sedimentation Control Sect. 3 Storm Sewer Sect.4 Sanitary Sewer Sect. 5 Utilities Sect. 6 Street Lights Sect. 7 Streets and Alleys Sect. 8 Sidewalks and Trails Sect. 9 Lots and Blocks Sect. 1 - Grading 1. Slopes/Grades. A. No final graded slopes shall be steeper than 3 feet horizontal to 1 foot vertical(3:1). B. Driveway grades shall be less than 10%, and greater than 1.0%. Driveway grades shall not be greater than 6%within 10' of the street edge. Commercial and Industrial Driveways shall not be greater than 6%for any part of the driveway. C. Lots shall be graded so as to provide drainage away from building locations. 2. Topsoil - Sodding and Seeding. Topsoil moved during the course of construction shall be redistributed in turf establishment areas with a minimum of 4 inches of topsoil. Disturbed boulevard areas shall be seeded or sodded as required by the City Engineer. 3.Drainage. During the grading of the site,the natural drainage system shall be utilized as far as feasible for the storage and flow of runoff. 4. As-built Grading Plan. Upon completion of the grading of subdivisions, an as-built survey of the grading shall be submitted to the City. This plan shall show the existing grades of all lot corners,pads, and ponding areas. The plan shall certify that all ponding areas are within drainage and utility easements.Two benchmarks shall be shown on the as-built grading plan. No building permits shall be issued until this plan has been submitted and approved by the City Engineer. 5. Grading Permit. Grading Permits will be required, as described in Section 11.60, Subd. 6, of the City Code. 6. Tree Preservation Fence. Existing trees which are to be saved, shall be protected with a tree preservation fence. This fence shall be installed at the drip line to protect the trees which are to be saved. No grading,construction materials,or equipment will be allowed beyond this fence. City of Shakopee Design Criteria Page 2 Sect. 2 - Soil Erosion and Sedimentation Control 1. Purpose. The purpose of this Section is to promote the public health, safety, property and general welfare of the citizens of the City and to conserve the soil, water and related resources and to control erosion and sedimentation caused by land disturbing activities. 2. Administration. The Building Official or the City Engineer (depending on the land disturbing activity) as the Administrator of this Section. Erosion control plans shall be covered under the existing building permit process. A separate fee is not required for erosion control plans. 3. Activities Subject to Erosion Control Measures. A. Any land disturbing activity in residential, multi-family, commercial or industrial zones shall be subject to erosion control measures provided that: 1. An area of 10,000 square feet or greater will be disturbed by excavation, grading, filling or other earth moving activities resulting in the loss of protective vegetation;or, 2. Excavation or fill exceeding 500 cubic yards; or, 3. The installation of underground utilities, either public or private, resulting in more than300 linear feet of trenching or earth disturbance;or, B. Any subdivisions which require plat approval or a certified survey map. C. Agricultural lands used mainly for the production of food, general farming, livestock and poultry enterprises, nurseries, forestry, etc., are not subject to the provisions of this Section. D. Any other land disturbing activity for which the City Engineer determines to have the potential for substantial erosion. 4. Erosion Control Plans. A. All land disturbing activities covered by this Section shall be required to have an approved erosion control plan on file with the City prior to any construction starting. B. The erosion control plan shall contain any such information necessary for the Building Official and the City Engineer to determine that adequate erosion control and sedimentation measures are proposed. As a minimum, a topographic map showing existing and proposed contours,location of any natural water courses and drainageways, the extent of the land disturbing activity and any erosion control measures shall be shown on the plans submitted and approved. C. In addition to the plans, a narrative report summarizing the proposed erosion control measures shall be submitted. This report shall include language discussing the timing of the installation, phasing, stabilization of all structures, maintenance and eventual removal of all structures. City of Shakopee Design Criteria Page 3 5. Performance Standards. A. General Standards. In general, this Section does not require the use of any particular type of structure to control erosion and sedimentation. The City Engineer or Building Official shall evaluate the proposed measures to determine if they follow current accepted design criteria and engineering standards. 1. The smallest practical area of land shall be exposed at any given time during development. 2. When soil is exposed,the exposure shall be for the shortest period of time. Within 30 days of the rough grading,the site shall be seeded and mulched. 3. All development shall conform to the natural limitations presented by the topography and soil as to create the best potential for preventing soil erosion. 4. Erosion control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development to control erosion. 5. The natural vegetation and plant covering shall be retained whenever possible. Temporary vegetation, mulching or other cover shall be used to protect critical areas and permanent vegetation shall be installed as soon as practical. B. Standards-Stormwater Runoff Erosion. 1. The natural drainage system shall be used as far as is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to marsh lands, swamps, retention basins or other treatment facilities. Temporary storage area or retention ponds shall be considered to reduce peak flows, erosion damage and construction costs. If the drainage area is over five acres,a sediment basin shall be utilized. 2. Silt fence or hay bales shall be utilized to control erosion and prevent sedimentation from leaving the construction site. These structures shall be properly installed according to current standards. 3. If needed, sod shall be laid in strips at intervals necessary to prevent erosion and at right angles to the direction of drainage. 4. At existing storm sewer inlets, temporary sedimentation traps may be necessary to prevent erosion from entering the storm sewer system, and downstream waterbodies. 5. Adequate provision shall be made to prevent the tracking or dropping of dirt or other materials from the site onto any public or private street by the use of,gravel pads at all entrances. City of Shakopee Design Criteria Page 4 C. Exposed Slopes. The following control measures shall be taken to control erosion during construction: 1. No exposed slope shall be steeper in grade than three (3) feet horizontal to one(1)foot vertical. 2. Exposed slopes steeper in grade than ten(10)feet horizontal to one(1)foot vertical shall be contour plowed to minimize direct runoff of water. 3. At the foot of each exposed slope, a channel and berm shall be constructed to control runoff. The channeled water shall be diverted to a sedimentation basin(debris basin, silt basin or silt trap)before being allowed to enter the natural drainage system. 4. Along the top of each exposed slope, a berm shall be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collecting behind said berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. Such measures shall consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flood apron, a gravel energy dissipater shall be installed to prevent erosion at the discharge end. 5. Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soils materials, and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic,burlap or jut netting, sod blankets, fast growing grasses or temporary seeding of annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material. Mulch shall be anchored to slopes with liquid asphalt, stakes, and netting or shall be worked into the soil to provide additional slope stability. 6. Control measures, other than those specifically stated above may be used in place of the above measures if it can be demonstrated that they will effectively protect exposed slopes. D. Dust Control Measures. 1. Temporary mulching or seeding shall be applied to open soil to minimize dust. 2. Barriers such as snow fences, commercial wind fences and similar materials shall be used to control air currents and blowing soil if the City Engineer determines it is necessary. 3. The exposed soil shall be watered to control dust, with frequency of watering repeated as necessary. 4. Permanent vegetation shall be established as quickly as possible. Within 30 days after the rough grading has been completed the entire area shall be seeded and mulched. City of Shakopee Design Criteria Page 5 6. Maintenance of Erosion Control Measures. A. The owner or developer shall be responsible for maintaining all erosion control structures in a condition that will ensure continuous functioning of those devices. If, after the installation of the erosion control structure, the City Engineer determines that additional measures are needed, they shall be installed at the expense of the owner. B. Any erosion or sediment that runs off or blows off the site onto adjoining properties, City streets, storm sewers, etc., shall be the responsibility of the owner or developer for clean up and restoration. If the owner fails to properly clean up or restore all areas affected by erosion the City will hire a contractor to complete the work and bill the owner for the expenses associated with the clean-up. 7. Technical Reference. The City officially designates the "Minnesota Construction Site Erosion and Sedimentation Control Planning Handbook" prepared by the Minnesota Pollution Control Agency as the technical reference for this Section. This reference will be used to ensure the proper placement and installation of any proposed erosion control structures. 8. Performance Bond. The owner or developer shall submit to the City either a cash bond, an irrevocable letter of credit or other financial security to guarantee the faithful execution of the erosion control plan. This security shall be in the amount of 125% of the costs for construction of all erosion control devices,including the costs of City inspection and administration(as approved by the City Engineer). The City is authorized to draw against this security in the event the erosion control plan is not followed. 9. Unlawful Acts. It is unlawful for any person,either by the owner or the occupant of premises,to violate,neglect or refuse to comply with the requirements of this Section.In addition,if the Building Official or the City Engineer determines that adequate erosion control measures are not being followed and there is little cooperation on the part of the owner to do so,a"stop work"order may be issued to the land disturbing activity until such times as adequate measures are implemented. In all cases,the owner may appeal the"stop work"decision to the Council for review. Sect. 3 - Storm Sewer 1. Design Criteria. The design criteria, policies, and objectives shall be those described in the City's "Comprehensive Stormwater Management Plan". No existing ditch, stream, wetland, pond,drain or drainage canal shall be deepened,widened,filled,re-routed or filled without approval from the City Council. 2.Pond Slopes. Pond slopes shall not exceed 4 feet horizontal to 1 foot vertical. City of Shakopee Design Criteria Page 6 Sect. 4 - Sanitary Sewer 1. General. The minimum diameter for public sanitary sewer mains shall be 8" diameter. sanitary sewer design must account for the study area and all areas outside the study area which would naturally drain through the study area. Natural drainage areas will be established by using the Comprehensive Sewer Plan and Comprehensive Stormwater Management Plan adopted by the City. In no case shall the design velocity be less than 2.2 feet per second nor more than 10.0 feet per second as computed by Mannings formula for flow in open channels (Mannings shall be 0.013 for purposes of design). 2. Design Criteria. Sanitary sewers shall be designed and constructed in accordance with the most current edition of Recommended Standards for Sewage Works; a report of Committee of the Great Lakes-Upper Mississippi River Board of State Sanitary Engineers. Sect. 5 - Utilities 1. Public Water. Where a connection to the City water system is presently available at or reasonably near the boundary of the subdivision, water distribution facilities, including fire hydrants, shall be installed to serve all properties within the subdivision and shall be in accordance with policies of the Shakopee Public Utilities Commission.Public Water systems shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission. 2. Other Utilities. Electric service, phone service, and cable television installations to residential structures shall be underground from the main line to the residential structure except where extreme conditions prohibit and a variance from this requirement is authorized by the Planning Commission upon advice of the Utilities Commission. Provisions shall also be made for underground connections of street lights as required from main lines to the street line installation. Where telephone, electric and/or gas service lines are to be placed underground, conduits or cables shall be placed within easements or dedicated public ways, in such a manner so as not to conflict with other underground services, and in locations as approved by the City Engineer. All drainage and other underground utility installations which traverse privately-owned property shall be protected by easements. Sect. 6 - Street Lights Design Criteria. The subdivider shall provide for installation of street lighting and operation for a period of three (3) years as prescribed by the Utilities Manager. Street lighting shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission and the City of Shakopee. City of Shakopee Design Criteria Page 7 Sect. 7 - Streets and Alleys 1.General. A. The arrangement of thoroughfares and collector streets shall conform as nearly as possible to the Comprehensive Plan. Except for cul-de-sacs, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of stormwater, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. B. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider at the same scale as set forth herein. C. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged so as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. 2.Public Street Width and Right-of-Way Width. A. Two-way right-of-way widths and pavement widths(face to face of curb)shall conform to the City's adopted Transportation Plan B. All one-way right-of-way widths and pavement widths(face to face of curb)shall conform to the following minimum dimensions: Classification Right-of-Way Roadway Local 45 Feet 24 Feet Collector Streets 60 Feet 28 Feet Arterial Streets 60 Feet 28 Feet Alleys Industrial or Commercial 20 feet 16 feet(Pavement width) Residential(where permitted) 16 feet 12 feet(Pavement width) 3.Public Streets and Alleys. A. Public Streets and alleys shall be designed and constructed in accordance with the Construction Standard Specifications for Public Works. All public street and alley construction shall be inspected by the City Engineering Department. City of Shakopee Design Criteria Page 8 B. The full width of the right-of-way of each street and alley dedicated in the plat shall be graded. The width shall comply with the surface provisions of this Chapter and Class V MN/DOT aggregate or other suitable base shall be required as prescribed by the Engineering Department. C. All streets shall be surfaced with a bituminous surface or portland cement concrete. D. Except where justified by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Dead end alleys shall be avoided, whenever possible, but if unavoidable, such dead end alleys must provide adequate turnaround facilities at the closed end. E. Concrete curb and gutter may be required as a part of the required street surface improvement and shall thus be designed for installation along both sides of all roadways in accordance with the standards of the City. The City shall inspect all construction. F. Rural roadway sections, that do not include concrete curb and gutter, shall consist of roadside ditches and 5 foot gravel shoulders. 4.Private Streets. Common interest community(CIC)lots that do not abut a public street musts abut a private street. All other lots must abut a public street. Private Streets shall be designed and constructed in accordance with the City construction specifications. A. Two-way pavement widths (face to face of curb) for private streets shall conform to the following minimum dimensions: Classification Roadway Local Streets 28 Feet(parking on one side of street) Local Streets 32 Feet(parking on both sides of street) 5.Grades. All center line gradients shall be at least 0.5 percent and shall not exceed the following: Classifications Gradient Percent Arterial Streets 5 Collector Streets 5 Local Streets 7 Private Streets 7 Marginal Access Streets 7 Alleys 8 The grades at intersecting state-aid streets shall not be greater than 0.5% for 50' on either side of the state-aid street, and not greater than 2.0% for an additional 50'. The grades at intersecting arterial streets shall not be greater than 2.0% for 200' on either side of the intersection. On local streets, the grade shall not be greater than 3.0% for 100' on either side of the intersection. The more important street at an intersection, as determined by the City Engineer,shall govern the through grade. City of Shakopee Design Criteria Page 9 6. Street Jogs. Street jogs shall not be permitted. 7. Local Streets. Local streets shall be so aligned that their use by through traffic will be discouraged. Dead end streets are prohibited,but cul-de-sacs will be permitted where topography or other conditions justify their use. 8. Cul-de-sacs. A. Public Streets Maximum length of cul-de-sac streets shall be 1,000 feet for rural service areas and 750 feet for urban service areas measured along the center line from the intersection of origin to end of right-of-way. Lot lines abutting cul-de-sacs shall be radial except in extreme cases where special permission may be granted otherwise. B. Private Streets and Driveways For private streets that serve more than 2 units that are 150' in length or greater,a cul-de-sac may be required,as determined by the Fire Chief for the City of Shakopee, to provide a turnaround for emergency vehicles. The maximum length of private cul-de-sac streets shall be 400 feet. In lieu of a cul-de-sac, other features may be incorporated into the design of the street layout, if they provide an adequate method for emergency vehicles to turn around. Other options available are those shown on the City's detail plate for private street turnarounds. 9. Temporary Cul-de-sacs. In new subdivisions where a future public street will connect to a temporary street stub, a temporary cul-de-sac will be required. The maximum length of temporary cul-de-sac streets shall be 750 feet for both rural service and urban service areas, measured along the center line from the intersection of origin to end of pavement. The minimum paved surface diameter shall be 60 feet, without curb and gutter. A temporary cul-de-sac will not be required for street stubs that serve less than 3 lots. 10. Service Roads. Where a subdivision abuts or contains an existing or planned service road or a railroad right-of-way,the Council may require a street approximately parallel to and on each side of such right-of-way for adequate protection of residential properties and to afford separation of through and local traffic. Such marginal access streets shall be located at a distance from the major thoroughfares of railroad right-of-way suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 11. Half Streets. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and except where the Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever there is a half street adjacent to a tract to be subdivided,the other half of the street shall be platted within such tract. 12. Surface. All street surfaces shall be designed and constructed in accordance with the standard specifications and shall have a one-year warranty period after being completed and accepted by the City Engineer,before being accepted by the City for maintenance. Curb and gutter or shoulder and bituminous surfacing shall be constructed at the same time. 13. Reserve Strips. Reserve strips controlling access to streets shall be prohibited. City of Shakopee Design Criteria Page 10 14. Hardship to Owners of Adjoining Property Avoided. The street arrangement shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. 15. Access to Arterial and Collector Roadways. In the case where a proposed plat is adjacent to an arterial or collector road, the applicant shall not direct vehicle or pedestrian access from individual lots to such roadways. The subdivider will be required to provide access to all lots via public and/or private streets. Spacing of these public/private streets shall meet the requirements of the City's adopted Transportation Plan. 16. Platting of Small Tracts. In the platting of small tracts of land fronting arterial roadways where there is no convenient access to existing entrances and where access from such plat would be closer than 1/4 mile from an existing access point, a service road 40 feet wide shall be dedicated across the tract. As the neighboring land is platted and developed, and access becomes possible to the service road,direct access to the thoroughfares shall be prohibited. 17. Deflections/Horizontal Curves . When connecting street lines deflect from each other at any one point by more than 10 degrees,they shall be connected by a curve with a radius of not less than 200 feet. This minimum curve radius does not apply to intersecting street lines (full street intersections)or to street lines connected at "T"intersections. Collector street horizontal centerline curves shall not have a radius of less than 455 feet. 18. Street Vertical Curves The following desired design speeds and minimum vertical curve lengths shall be used for street profiles: Design Minimum Speeds Vertical Curve Length Arterial Street 50 mph 150 feet Collector Street 45 mph 130 feet Local Street 35 mph 100 feet If the algebraic difference between grades within a vertical curve is less than 1.2 percent, the allowable minimum vertical curve length is 50 feet. 19. Angle of Intersections. The angle formed by the intersection of streets shall be 90 degrees. Any variance will require approval by the City Engineer. 20. Size of Intersection. Intersections of more than four corners shall be prohibited. 21. Curb Return Radius. Curb return radius at intersections shall conform to the following table: Curb Return Radius at Intersections Local Collector Arterial Local 15 20 25 Collector 20 20 25 Arterial 25 25 25 Industrial 25 25 25 City of Shakopee Design Criteria Page 11 22. Crosspans. Double crosspans may be used at the intersection of residential streets only when necessary to prevent flooding of one side of the street. Crosspans are not allowed across collector or arterial streets. Crosspans are not allowed on streets with storm sewer systems or on other streets designated by the City Engineer. 23. Street Section Design The street section shall be designed as set forth in the "Road Design Manual" 5-291.523 and 5.291.524, as prepared by the Minnesota Department of Transportation. It shall be accompanied by a complete soils report certified by a Registered Professional Engineer. The following minimum pavement thickness and aggregate thickness shall apply to all streets: Minimum Minimum Bituminous Pavement Aggregate Base Arterial Street 4" 6" Collector Street (Residential) 4" 6" Collector Street (Commercial) 4" 6" Collector Street (Industrial) 4" 6" Local Street(Public or Private) 3 1/2" 6" Sect. 8 - Sidewalks and Trails 1. Sidewalks. A. The sidewalks shall not be located less than one foot from the property line,nor be adjacent to the curb except as determined in commercial areas. Sidewalks in industrial areas shall be located to conform to the anticipated pedestrian flow of the development. B. Sidewalks shall slope 1/4 inch per foot away from the property line and the profile grades shall conform to street grades. C. Planned unit development shall be subject to the location, widths, and grades set forth herein. D. The subdivider shall install sidewalks on both sides of an officially designated arterial street and on one side of collector streets, and walkways to schools; such collector streets and walkways to be determined by the Planning Commission and approved by the Council. If the street is along a designated trail route,a bituminous trail may be required in place of the sidewalk,as determined by the Planning Commission and approved by the Council. E. In blocks over 900 feet long,pedestrian crosswalks through the blocks, and at least 10 feet wide, may be required by the Council in locations deemed necessary to public health, convenience and necessity. F. Curb returns and intersections where sidewalk is required shall have handicap ramps. G. All sidewalks widths shall be 5 feet, except in commercial areas where the width may be wider,as determined by the City Council. City of Shakopee Design Criteria Page 12 Sect. 9 - Lots and Blocks 1. Easements. A. Easements across lots or centered on rear or side lot lines shall be provided for utilities and drainage where necessary and shall be at least 10 feet wide for telephone or power line easements and 20 feet wide for drainage, sewer or water easements. Underground utility installation shall be required. B. Where a subdivision is traversed by a water course, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. C. Drainage and utility easements shall be shown on the fmal plat, out to the 100-year high water level contour. D. Access easements, for future maintenance, shall be provided for ponding areas within subdivisions. 2. Blocks. A. Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lot required in the area by the Zoning Chapter and to provide for convenient access,circulation control and safety of street traffic. B. Residential block lengths shall not exceed 1,300 feet. Blocks intended for commercial and industrial use must be designed as such, and the block must be of sufficient size to provide for adequate off-street parking, loading and such other facilities as are required to satisfy the requirements of the Zoning Chapter of the City Code. C. A block shall be so designed as to provide two tiers of lots, unless it adjoins a railroad or major thoroughfare where it may have a single tier of lots. 3. Lot Standards. A. The lot dimensions shall be such as to comply with the minimum lot areas specified in the Zoning Chapter. B. Side lines of lots shall be substantially at right angles to straight street lines or radial to curved street lines. C. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, wetlands, steep slopes, watercourse, historic spots, or similar conditions, and plans adjusted to preserve those which will add attractiveness, safety and stability to the proposed development. City of Shakopee Design Criteria Page 13 D. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. E. Double frontage (lots with frontage on two parallel streets) or reverse frontage shall not be permitted except: 1. Where lots back on an arterial or collector street,in which case vehicular and pedestrian access between the lots and arterial streets shall be prohibited. Such double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. 2. Where topographic or other conditions render subdividing otherwise unreasonable, such double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. F. All lots, except Common Interest Community lots, must abut their full frontage on a publicly dedicated street. G. Rural service lots shall be designed in such a manner whereby septic tanks, drainfields and homes are located as to allow future subdivision of the land upon the requirement of the City Engineer where future urban service expansion is probable. The City may also require at the time of fmal subdivision approval that a covenant be recorded which requires the placement of future structures in accordance with approved preliminary plat design. Whenever a parcel of land is subdivided into lots containing one or more acres and there are indications that such lots may eventually be subdivided into smaller plats, the Council may require that such parcel of land be divided so as to allow for the future construction of streets and the extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat. H. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway, or an existing private roadway approved by the Council. 4. Buffering Residential Subdivision Adjacent to Intermediate and Principal Arterial Roads. A. In all residentially zoned areas determined by the Administrator to have significant noise impact within 125 feet of the roadway right-of-way or areas of noise impact estimated to maintain ambient decibel ratings of 70 DbA or greater, one or a combination of the following design requirements shall apply: 1. Lots adjacent to the roadway right-of-way shall be sized wherein a 125 foot buffer strip be provided as additional setback to lot depth or width standards supplementary to the minimum lot size and setback of the zoning provisions of the applicable district. City of Shakopee Design Criteria Page 14 2. An earth berm or other acceptable barrier technique shall be constructed to abate noise impact adjacent to roadway right-of-way equal to or below the 70 DbA standard accompanied by the following: a) A plan showing the existing and anticipated noise levels in DbA that are or will be expected on the site and in the immediate vicinity of the site. b) A description of the site plan construction techniques, architectural designs, and other measures expected to be taken to reduce ambient noise levels. Such description shall include sufficient plans and other drawings to enable the City to accurately identify the noise reduction measures expected to be taken. B. Prior to approving a preliminary plan as required by this Chapter, the City shall determine that the noise levels will be successfully reduced to meet the ambient 70 DbA standard. (Ord. 58, May 7, 1981; Ord. 233, December 10, 1987; Ord. 246, June 17, 1988; Ord.287,January 16, 1990;Ord. 302, January 25, 1991; Ord. 338;August 6, 1992) 5. Buffering Residential Dwellings Adjacent to Wetlands and Stormwater Ponds. In all zoned areas where residential dwellings are adjacent to, or are within 100 feet of a wetland or stormwater pond,the following design requirements shall apply: 1. All residential dwellings shall be at least 15 feet horizontal from the 100-year high water level of the wetland or pond. 2. In commercial or industrial zoned areas where a stormwater pond is proposed to be within 100 feet of a residential dwelling, a fence shall be installed along the property line separating the commercial zoned (or industrial zoned) area and the residential property. City of Shakopee Design Criteria Page 15 ORDINANCE NO. 536,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, REPLACING CHAPTER 12, SUBDVISION REGULATIONS. THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 -That City Code Chapter 12, Subdivision Regulations is hereby amended by replacing it with the following; SEC. 12.01. TITLE,PURPOSE,AND INTERPRETATION Subd. 1. Title. Chapter 12 of the Shakopee City Code shall be known as, and may be referred to as the "Subdivision Regulations"or"Subdivision Ordinance." When referred to herein it shall be known as "this Chapter". Subd.2. Purposes. This Chapter is enacted for the following purposes: A. to protect and promote the public health, safety, and general welfare of the City of Shakopee; B. to provide for the orderly, economic, and safe development of land in accordance with the City of Shakopee's Comprehensive Plan; C. to ensure adequate provision of transportation, sanitary sewers,water, storm drainage, schools, parks, playgrounds, and other public services and facilities; and D. to promote the availability of housing affordable to persons and families of all income levels; E. to provide kw uniform application and review processes. Subd.3. Scope. A. General Application. From the effective date of this Chapter,the subdivision of all land within the City of Shakopee shall take place in conformance with the provisions of this Chapter, except as provided below. The establishment of new land boundaries by a Registered Land Survey is considered the subdivision of land and must be in conformance with the provisions of this Chapter. B. Optional Subdivisions. Certain divisions of land may be made without following the provisions of this Chapter. However,the property owner may elect to follow this Chapter in order to obtain the benefits provided herein. This option is available to 1 the following divisions of land: 1. division of one parcel of residentially-zoned land into two to four parcels, where all resulting parcels will be a minimum of 20 acres in area and 500 feet in width. 2. division of one parcel of commercially or industrially zoned land into two to four parcels,where all resulting parcels will be a minimum of five acres in area and 300 feet in width; 3. divisions creating cemetery lots; 4. divisions resulting from court orders; and 5. divisions resulting from the adjustment of a lot line by the relocation of common boundary. If a property owner files an application for an optional subdivision,then within ten days after receipt of the application, the City Clerk Planner shall certify that the subdivision regulations are optional to that particular division. C. Non-Conforming Subdivisions. Any existing subdivision of land which was legally established but is not in conformance with the provisions of this Chapter shall be regarded as non-conforming and may continue in existence only for such period of time and under such conditions as is provided for in Sec. 12.91 of this Chapter. Subd.4. Application of Rules. A. In their interpretation and application,the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety,general welfare, and sound land subdivision. B. Where any provision of this Chapter is either more restrictive or less restrictive than a comparable provision imposed by any other code, ordinance, statute, or regulation of any kind, the more restrictive provision, or the provision which imposes a higher standard or requirement, shall prevail. C. No land shall be divided, combined, subdivided in any manner whieh that is not in conformity with the provisions of this Chapter unless otherwise provided by this Chapter. D. No person shall install a new street, alley, or other public improvement, except in conformity with this Chapter. 2 t , E. Words or terms defined in this Chapter shall have the meanings assigned to them unless such meaning is clearly contrary to the intent of this Chapter. The present tense shall include the past and future tenses. Subd.5. Severability. Every section or subdivision of this Chapter is declared separable from every other section or subdivision. If any section or subdivision is held to be invalid by competent authority, such action or decision shall invalidate no other section or subdivision. 3 SEC. 12.02. DEFINITIONS. Definitions in Chapter 11 are adopted by reference. Where inconsistent, definitions in this Chapter shall prevail. The following terms, as used in this Chapter, shall have the following meanings: 1. "Developer" -The property owner or the property owner's designee. 2. "Improvement" -The preparation of land for and the installation of streets, street pavement,utilities, or other public facilities. 3. "Lot" -An area,parcel, or tract of land which was created or is recognized as a lot under this Chapter. 4. "Nonconformity" -Any lot or final plat lawfully existing on the effective date of this Chapter which does not comply with all requirements of this Chapter or any amendments hereto. 5. "Oversizing"—Constructing an improvement in a size larger than needed for a particular development, in order to accommodate needs outside the boundary of the development. 5. "Parcel" - Any piece of land. 6. "Planner" -The Director of Community Development or the Director's designee. 7. "Plat" -The drawing of a subdivision prepared for filing of record pursuant to Minn. Stat. Chapter 505. 8. "Security" -A financial guarantee to assure that improvements are satisfactorily dedicated, constructed, installed, completed, and maintained, at no cost to the City. 9. "Street" -A public right-of-way affording primary access by pedestrians and vehicles to abutting properties. A street may be of any of the following types: A. "Local Street" -A street principally designed to carry motor vehicles from individual lots or parcels to a collector street. B. "Collector Street" - A street principally designed to carry motor vehicles from local streets to another collector street or to an arterial street. C. "Arterial Street" -A street principally designed to carry motor vehicles across, into, or out of the City. 4 10. "Subdivision" -The separation of a parcel under single ownership into two or more parcels,the combination of parcels,or the separation of a parcel under single ownership into two or more long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets or alleys for residential, commercial, industrial, or other use. 5 SEC. 12.15. SUBDIVISION REQUIREMENTS. Each subdivision shall establish the number, layout, and location of lots,blocks, and parcels to be created, location of streets,utilities,park and drainage facilities, and lands to be dedicated for public use. SEC. 12.20. CLASSIFICATION OF SUBDIVISIONS. Subdivisions are classified as minor or major. A minor subdivision may be used for making small changes in lot lines, and can be approved administratively. A major subdivision is for more complex changes, and requires several steps. Certain subdivisions may be made without following the provisions of this Chapter, as described in Sec. 12.01, Subd. 3.B, but the property owner may elect to follow this Chapter in order to obtain the benefits provided herein. SEC. 12.21. MINOR SUBDIVISIONS. Subd. 1. Definition. The following are minor subdivisions that may be approved administratively: (1) a lot is being divided into a maximum of five lots, (2) a maximum of five lots are being combined into four or fewer lots, or (3) where common boundaries between lots are being relocated. Subd. 2. When Prohibited. The Planner may not approve a minor subdivision in the following situations: A. Where the subdivision includes a change in existing streets, alleys,water, sanitary or storm sewer, or other public improvements. B. Where additional right-of-way needs to be dedicated, and the right-of-way has not previously been deeded to the City. C. Where easements need to be changed for the subdivision, and the appropriate changes have not been made through vacation and/or deeding of easements to the City. D. Where new streets,utilities, or other public improvements will be needed other than to directly serve the lots created and to provide a direct connection to an existing and approved system. E. Where the proposed minor subdivision involves any unplatted property. F. Where the proposed minor subdivision involves unusual elements, policy decisions, that the Planner determines require detailed review. 6 Subd.3. Procedure. A minor subdivision shall be approved in compliance with the following procedures: A. The developer shall submit an application along with all required fees. B. The developer shall provide a survey or surveys showing the lot or lots as they exist before the minor subdivision, and the proposed lot or lots. The developer shall provide an accurate legal description of the proposed lot or lots. All lots created or changed must meet the design standards and other requirements specified in Chapter 11,upon approval of the minor subdivision. C. The developer shall submit proof that any additional easements required by the City have been granted, and that any conflicting easements have been vacated. D. The minor subdivision shall meet all requirements specified in Sections 12.60 through 12.71, as applicable. E. When the minor subdivision is approved,the Planner will cause it to be recorded. 7 SEC. 12.26. MAJOR SUBDIVISION APPROVAL PROCESS. Approval of a major subdivision requires approval of a preliminary plat,then approval of a final plat. SEC. 12.27. PRE-APPLICATION MEETING. Prior to submitting an application for preliminary plat approval,the developer will meet with the Planner or his/her designee in a pre- application meeting. In this meeting general concerns and the general concept of the proposed subdivision can be discussed. SEC. 12.28. PRELIMINARY PLAT APPROVAL PROCESS. Subd. 1. Initial Submittal. Prior to submitting the formal application for preliminary plat review tThe developer shall file five(5)copies of a preliminary plat drawing and related documentation with the Planner. Subd. 2. Review. A. Review for Compliance with Submittal Requirements. The Planner ower designee shall review the drawing and documents to ascertain that they meet all submittal requirements specified in Sec. 12.54. If the drawing and documents do not meet all submittal requirements identified in Sec. 12.54,then the developer shall be notified of the items that are missing or inadequate within ten(10)working days. B. Review for Compliance with Design Criteria. Once a drawing and documents are determined to meet all submittal requirements,the Planner er-his/her-designeeshall review the drawing and documents for compliance with the design criteria in Sections 12.60 through 12.71. If the drawing and documents do not comply with the design criteria in Sections 12.60 through 12.71,then the developer shall be notified of the items that do not comply. C. Outside Review. Once a drawing and documents are determined by the Planner er his/her-designee to substantially comply with the design criteria the developer shall submit twenty(20) copies of the submittal materials for outside review. The Planner er-his/her-designee may seek comments on the drawing and documents from appropriate governmental entities and agencies, utilities, and others. D. Determination of Complete Application. Upon receipt of these 20 copies,the drawing and documents shall be considered a complete application for a preliminary plat. The Planner shall forward the application for a preliminary plat to the Planning Commission for consideration. 8 I Subd.3. Planning Commission Review. A. Public Hearing. 1. A public hearing shall be scheduled before the Planning Commission on the application for a preliminary plat. Notice of the time and place of the hearing shall be published in the official newspaper at least ten days before the day of the hearing. 2. At the public hearing, all persons interested shall be given an opportunity to make-presentations be heard. B. Planning Commission Recommendation. 1. Decision. At the close of the public hearing,upon discussion and review, the Planning Commission shall recommend approval, approval with conditions, disapproval of the preliminary plat, shall otherwise forward the plat for consideration to the City Council. or may table the matter or continue the public hearing. If disapproval is recommended tThe reasons for disapproval shall be stated. 2. Grounds for Decision. The Planning Commission shall base its recommendation on the purposes and requirements of this Chapter, on comments received from staff, other governmental entities and agencies, utilities,the public, and the developer. In making its recommendation,the Planning Commission shall consider the following factors: a. whether the layout of streets, lots,utilities, and public improvements, and their relation to the topography of the land, reflect good planning and development for the City; b. whether the subdivision preserves the site's important existing natural features; c. whether the proposed plat will facilitate the use and future development of the adjoining lands; d. whether the subdivision can be economically served with streets, public services, and utilities; e. whether all applicable provisions of the City Code are met; and f. whether the subdivision is in conformance with any official map of 9 the City and the Comprehensive Plan. Subd.4. City Council Review. When the City Council receives a preliminary plat for consideration with the Planning Commission recommendation,the City Council shall approve, approve with conditions, or disapprove the preliminary plat based upon the grounds for decision set forth above and the purposes of this Chapter. The City Council may elect to approve only a portion of a preliminary plat, and disapprove the remainder. The City Council has final authority to approve, approve with conditions, or disapprove a preliminary plat. Subd.5. Time Limitation. A. Time Limit. The City Council shall approve or disapprove a preliminary plat within 60 120 days following delivery of a complete application,unless the City has approved a 60-day extension for good cause shown. An extension beyond 120 days may only be approved if requested or f th• t e period agreed to by the developer. B. Failure to Approve within Time Limit. If the City Council fails to approve or disapprove a preliminary plat in accordance with Subd. 5.A. above day-peried;the preliminary plat shall be deemed approved, and upon demand the City shall execute a certificate to that effect. 10 SEC. 12.32. FINAL PLAT APPROVAL PROCESS. Subd. 1. Based on Preliminary Plat. After the approval of or during review of the preliminary plat,prior to the expiration of the approval period described in Sec. 12.34,the developer may submit a final plat drawing and related documentation for all or a part of the land covered in the preliminary plat. If the final plat is limited to a portion of the preliminary plat,that portion must conform to all requirements of this Chapter. Subd.2. Initial Submittal.Prior to submitting the formal application for final plat review the developer shall submit five(5) copies of a final plat drawing and supporting documentation. Subd.3. Review. A. Review for Compliance with Submittal Requirements. The Planner Of designee shall review the drawing and documents to ascertain that they meet all submittal requirements specified in Sec. 12.56, and begin review to determine whether the final plat is in substantial conformity with the preliminary plat and satisfies any conditions specified in the preliminary plat. If the drawing and documents do not contain all submittal requirements identified in Sec. 12.56,then the developer shall be notified in writing of the items that are missing or inadequate within ten(10)working days. B. Review for Compliance with Conditions. Once the drawing and documents are determined to be contain meet all submittal requirements,the Planner shall continue to review the drawing and documents for substantial conformity with the preliminary plat, conformity with this Chapter,and satisfaction of any conditions specified in the preliminary plat. If the Planner determines that the drawing and documents are not in substantial conformity with the preliminary plat or do not satisfy the conditions specified in the preliminary plat,then the developer shall be notified of the items that are not in conformity or conditions that have not been met. The developer may request the Planning Commission to rule on the issue of substantial conformity. Their ruling shall be final. C. Outside Review. Once the drawing and documents are determined to substantially conform with the preliminary plat,this chapter,and to satisfy any conditions specified in the preliminary plat, as determined by the Planner,the developer shall submit number-ef twenty(20)copies as required by the Planner for outside review. The Planner may seek comments on the drawing and documents from appropriate governmental entities and agencies,utilities, and others. If the drawing and documents are not in substantial conformity with the preliminary plat, do not satisfy the conditions specified in the preliminary plat, or do not comply with state law or regulation, then the developer shall be notified of the items that do not comply. 11 D. Determination of Complete Application. Once the drawing and documents meet all submittal requirements, are in substantial conformity with the preliminary plat, and satisfy all preliminary plat conditions,based on internal and outside review,the developer shall submit 20 copies of the revised drawing and documents. Upon receipt of these 20 copies,the drawing and documents shall be considered a complete application for a final plat. The Planner shall forward the application for a final plat to the City Council for consideration. Subd.4. City Council Review. The City Council shall review the application for a final plat for compliance with City Code requirements. The City Council may approve, approve with conditions, or disapprove the final plat. If the City Council determines that the final plat is not in substantial conformity with the preliminary plat,the City Council shall disapprove the plat, or, if the developer agrees to extend the time,the City Council shall return the plat to the Planning Commission for review and recommendation. The City Council may elect to approve only a portion of a final plat, and disapprove the remainder. The City Council has final authority to approve, approve with conditions, or disapprove a final plat. Subd.5. Time Limitation. A. Time Limit. The City Council shall approve or disapprove a final plat within 60 days following receipt of a complete application. The City Council may extend the period an additional sixty(60)days for cause shown. Written notice of the extension must be provided to the applicant. An extension of this time period beyond one hundred and twenty(120)days may be approved if requested by or agreed to by the developer. B. Failure to Approve within Time Limit. If the City Council fails to approve or disapprove a final plat within the 60-day period, and if the developer has complied with all conditions and requirements,the final plat shall be deemed approved, and upon demand the City shall execute a certificate to that effect. Subd. 6. Recording. A. No changes, erasures, modifications, or revisions shall be made in any final plat of a subdivision or any other approved division after approval has been given under the provisions of this Chapter, except as required in the conditions set by the City Council or if authorized by the Planner to correct nonsubstantive errors. B. After approval of a final plat by the City Council,the developer shall submit the following to the Planner: 1. three paper copies of the construction plans; 12 2. a copy of the subdivision plat drawing on disk in an electronic format approved by the City Engineer, or shall pay a drafting fee as specified under the current fee schedule so that the City may secure its own electronic copy; 3. copies of any required permits; 4. evidence of title, as described in Sec. 12.57; 5. the park dedication fee as set forth in Sec. 12.70; 6. security for improvements as required under Sections 12.40 through 12.51; 7. a signed developer's agreement, if required under Sec. 12.57, Subd. 3;and 8. trunk sanitary sewer fee and other applicable fees for public improvements. 9. A reduced mylar of the plat at a scale of 400':1'. C. Five mylar,err-(or other prints consistent with county recording standards)—copies of the final plat shall be signed by all parties holding an ownership interest in the property being platted,the Mayor,the City Attorney, and the City Clerk. D. The City Clerk shall not sign the final plat until all conditions of approval have been met,the developer's agreement(if required)has been executed, and the City Attorney has approved title. E. If the plat is not recorded within 30 days after approval by the City Council,the City Clerk shall so notify the City Attorney,who may require additional proof of good title. F. Each final plat shall be recorded with the Scott County Recorder/Registrar of Title. G. After the plat has been recorded, an additional reproducible mylar print of the final plat shall be filed with the Planner, along with two paper copies of the final plat. 13 1 SEC. 12.34. EFFECT OF PRELIMINARY AND FINAL APPROVAL. Subd. 1. Approval Period. City Council's approval of a preliminary plat shall remain in effect for a period of two(2)years from the date of approval. City Council's approval of a final plat shall remain in effect for a period of two(2)years from the date of approval. Prior to recording of a plat, the developer may withdraw the plat, in which case City Council's approval of the plat is void. Subd.2. Extension of Approval. 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 of approval must be filed on or before the expiration date of the preliminary or final plat. If the approval period has expired,the City Council may require a new submittal unless substantial physical activity or investment has occurred in reasonable reliance on the approved plat and the developer will suffer substantial financial damage as a consequence of a requirement to submit a new submittal. Subd.3. Automatic Extension for Preliminary Plats. The approval period for a preliminary plat shall be automatically extended for an additional 12 months each time the City Council approves a final plat for any portion of the land included in the preliminary plat. Subd.4. Rights During Approval Period. During the approval period set forth in Subd. 1 above, unless the developer and the City Council agree otherwise, no amendment to a comprehensive plan or other ordinance shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved plat. 14 SEC. 12.40. DEVELOPER SHALL CONSTRUCT IMPROVEMENTS. Subd. 1. Responsibility. The developer shall construct all improvements required in a plat, except for specified improvements that the City has agreed to construct and assess as provided in Sec. 12.41. Before the final plat is recorded,the developer shall provide for extension of the improvements described in this Chapter to all lots in the areas to be included in the final plat at no cost to the City. Subd.2. Cost. A. All required improvements shall be constructed by the developer at no cost to the City, except for oversizing expenses. B. The City will pay for oversizing when the oversizing is done at the specific written request of the City. C. When an improvement is oversized the City's share of the cost of construction shall be that portion attributable to the oversizing, and shall be as approved by the City Engineer. Subd.3. Standards. The improvements shall be installed in accordance with the construction plans approved by the City Engineer and the provisions of this Chapter. Subd. 4. Final Plat of a Part of the Preliminary Plat Area. If the final plat does not include all land included in the preliminary plat,temporary improvements may be allowed or required by the City Council on land included in the preliminary plat but excluded from the final plat. Temporary improvements may be required in that area if necessary to protect neighboring property,to comply with provisions of the City Code, or to assure the orderly development of the property in the plat. Subd. 5. Temporary Improvements. The developer shall build and pay all costs for temporary improvements required by the City Council and shall maintain all temporary improvements for the period specified by the City Council. Prior to construction of any temporary improvement, the developer shall file with the City satisfactory security which shall insure that the temporary improvements will be properly constructed, maintained, and removed and replaced with permanent improvements if necessary. Subd. 6. Insurance. When performing work in the public right-of-way,the developer shall have insurance sufficient to protect the City from any liability or harm. No construction shall commence until the City Clerk has received and approved a certificate showing such insurance. 15 SEC. 12.41. CITY MAY CONSTRUCT IMPROVEMENTS. Subd. 1. Upon Request. A developer may request the City to construct improvements in a plat and assess the costs of their construction under Minn. Stat. Chapter 429. Subd.2. Procedures. If the developer wants the City to construct the improvements,the developer shall comply with the following procedures: A. Petition. The developer shall submit a petition to the City Council requesting that the City to construct specified improvements, and waiving all rights to appeal the amount of special assessments which are assessed as a result of the installation of the improvements. B. City Council Action. The City Council shall consider the petition, and may, in its sole discretion, choose to accept or reject the petition. C. Construction of Improvements. If approved by the City Council,the specified improvements shall be constructed in accordance with Minn. Stat. Chapter 429. The City shall have sole responsibility for administration of the project, and will not be responsible for meeting any completion dates scheduled by the developer. The City shall not be responsible for any damages as a result of delays in the project. If the contract for the project is awarded on a unit price basis,the City may authorize changes in the contract so as to include additional units of work at the same unit price, so long as if the cost of the additional work does not exceed 25 percent(25%) of the original contract price. By requesting that the City construct the improvement,the developer acknowledges that any changes or additional work required shall be approved by the City. D. Developer to Pay. The developer agrees to pay the assessments on the following terms and conditions: 1. The developer shall waive and release any and all objections of every kind to assessments levied by the City for the specified improvements, including without limitation; objections to procedures and hearings before the City Council in connection with the Improvements and assessment therefor, objections resulting from failure to fully comply with any applicable statute, and objections to the amount of any assessment levied against any property of the developer that is benefitted - -- - - -• • •- - by the Improvements. 2. The developer shall waive and release the right to appeal the assessment. 16 3. The-City shall attempt to notif3,the develeper of the-bids prier to award, and • .. . . .. . • . . . . . . ..s . - the-assessments; 3. The Developer shall pay the annual installments of special assessments and taxes when due. The Developer may not claim green acres status on any benefitted land. E. Early Assessment. The developer may request that the special assessments be levied prior to the final wear course being placed on streets. The final decision as to when special assessments are levied is at the sole discretion of the City Council. The cost of the final wear course may be estimated and included in the early assessment, or it may be levied after the final wear course is placed on the streets. F. All Costs Assessed. The entire cost of the installation of the specified Improvements, including any reasonable engineering, legal, and administrative costs incurred by the City, shall be paid by the developer to the City as special assessments levied against the benefitted land. The developer also shall pay any applicable interest. G. Occupancy Permits. No occupancy permit shall be issued for any lot unless any levied special assessments for that lot have been paid. If special assessments are pending but not levied,then an occupancy permit may be issued for a lot only if the developer has agreed in writing to pay the special assessments when levied. Once the pending assessments are levied, no further occupancy permits will be issued for any lot in the subdivision until all special assessments have been paid on the lots which already have occupancy permits. H. Security for Special Assessments. A developer shall provide security for special assessments under one or more of the methods in this paragraph. 1. Seventy-five Percent Cash Deposit. Prior to the recording of the final plat, the Developer shall pay to the City in cash a deposit in the sum and amount of seventy-five percent(75%)of the City Engineer's estimated total assessment for all such Plan B Improvements, said amount to be paid upon execution of the Developers Agreement. The cash so paid by the Developer to the City will bear interest for each year at a rate equal to one percent(1%) below the average interest rate(rounded to the nearest quarter percent)on the investments held by the City on December 31st of the respective year until said deposit plus all accrued interest shall be used to pay the remainder of the assessments due. Any excess in deposits will be returned to the developer. If the Developer fails to pay any assessments, interest or penalty as the same come due,the City may draw on said deposit for any such amounts not paid. 17 assessments due. Any excess in deposits will be returned to the developer.If the Developer fails to pay any assessments,interest or penalty as the same come due,the City may draw on said deposit for any such amounts not paid. Those assessments as levied shall be paid by the Developer to the City as special assessments levied against the benefited land. 3. Letter of Credit. Prior to the recording of the final plat,the Developer shall submit to the City a certified letter of credit approved by the City Attorney made payable to the City of Shakopee upon which the City may draw, in the amount of 75%of the City Engineer's estimated total assessment for all such Plan B Improvements;said letter of credit to be submitted upon execution of the developer's agreement. If the Developer fails to pay any assessments, interest or penalty as the same come due,the City may draw on said letter of credit for any such amounts not paid. Those assessments as levied shall be paid by the Developer of a future lot,piece or parcel owner to the City as special assessments levied against the benefited land. The letter of credit shall be renewed annually. If not renewed,the City shall draw on all of the money in the existing letter of credit before it expires. The letter of credit shall be terminated upon payment of all assessments due on developer owned lots and may be reduced to equal the actual amount of assessments due when 75% or more of the assessments have been paid. Reductions shall be limited to one per year. L Payment within Ten Years. All special assessments must be paid in full within ten years from the date the special assessments are levied. If the special assessments are not paid,the developer will be personally liable for any unpaid special assessments plus interest, collection costs, and attorneys'fees. J. Easements and Right-of-Way. The developer shall provide the City, at no cost to the City,with all permanent or temporary easements and rights-of-way necessary for the installation of the specified or future improvements. 18 SEC. 12.42. CHANGE IN WHO CONSTRUCTS IMPROVEMENTS. Subd. 1. City to Construct Improvements. The developer may request that the City construct some or all of the improvements originally planned to be constructed by the developer. If the City Council approves,then the specified improvements shall be constructed by the City as set forth in Sec. 12.41. Subd.2. Developer to Construct Improvements. The developer may request that the developer be allowed to construct some or all of the improvements originally planned to be constructed by the City. If the City Council approves,then the specified improvements shall be constructed by the developer as set forth in Sec. 12.40. Security shall be provided as described in this Chapter. SEC. 12.43. DEDICATION OF PUBLIC IMPROVEMENTS. Subd. 1. Improvements. All public improvements shall be dedicated to the City free and clear from any encumbrances. Dedication shall become effective upon written acceptance of the improvement by the City Engineer. Subd.2. Easements. A public easement or right-of-way shall be dedicated around all public improvements, including streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds, and similar utilities and improvements. 19 SEC. 12.46. TIMING OF IMPROVEMENTS. Subd. 1. Construction Timing. A. After Preliminary Plat Approval Grading may be done after the City Council has approved a preliminary plat. No other public improvements shall be made or constructed prior to the City Council approval of ing a final plat. B. Acceptance. Grading done prior to the approval of a final plat are at the developer's risk. The City may refuse to accept any grading or other public improvements if the improvements were not inspected by the City at the time of installation, all engineering and inspection fees were not paid,the improvements were not constructed according to City design criteria, or security for maintenance, as described in Sec. 12.50, Subd. 3, is not provided. Subd.2. Construction Required Before Recording Final Plat. The City Council may require that certain public improvements be installed and dedicated prior to recording the final plat,when necessary for the protection of other property. Subd.3. Construction After Recording Final Plat. If a public improvement is not constructed, installed, and dedicated prior to recording the final plat,then security shall be provided to the City to assure the satisfactory completion of the improvement at no cost to the City. SEC. 12.47. SECURITY OPTIONS FOR IMPROVEMENTS CONSTRUCTED BY THE DEVELOPER. Subd. 1. Options for Different Types of Security. The security for improvements shall be in a form acceptable to the City. The City has approved several options, and the developer may choose which option or combination of options to utilize. The options are as follows: A. cash, B. letter of credit, C. bond, D. escrow agreement, and E. other security agreement. A letter of credit,bond, escrow agreement, or other security agreement shall be in a form approved by 20 Subd.2. Amount of the Security. A. Improvements. Security shall be provided in an amount sufficient to satisfactorily complete the construction, installation, and dedication of all public improvements and erosion control measures, including all improvements required outside the final plat. B. Inspection and Administration. The security shall include an amount sufficient to cover 100%of the estimated costs of City inspection and administration as set forth in the City's fee schedule. C. Total. The amount of the security shall equal 125%of the estimated total cost of the improvements plus 100%of the estimated costs of City inspection and administration. D. Estimate Made. The estimate of total cost shall be submitted by the developer and approved by the City Engineer. Subd.3. Timing. The security shall be provided to the City and approved prior to recording the final plat. Subd. 4. Deferral. The City Council may defer or waive, subject to appropriate conditions,the construction of any improvement which, in the City Council's judgment, is not in the best interests of the public health, safety, and general welfare, or which is inappropriate due to inadequacy or lack of connecting improvements. Security will not be deferred. The developer shall provide security to insure that,upon demand by the City, any deferred improvement shall be constructed. Subd. 5. Improvements Excluded from the Security. If the developer has entered into an agreement with the Shakopee Public Utilities Commission for construction of an improvement, and has made satisfactory security arrangements with Shakopee Public Utilities for the improvement, then no security for the improvement shall be required by the City. Subd. 6. Exchange of Security. At any time during the period of the security,the City Attorney may accept a substitution of principal or sureties on the bond, or a substitution of a letter of credit, escrow, or other approved security agreement. SEC. 12.48. DETAILS REGARDING SECURITY OPTIONS. Subd. 1. Letter of Credit. A letter of credit shall be payable to the City of Shakopee. Subd. 2. Bond. A bond shall be a performance bond with one or more corporate sureties engaged in the business of signing surety bonds in the State of Minnesota. The bond shall include a provision that the principal of the bond shall comply with all the terms of the resolution of final plat approval relating to construction of required improvements. 21 Subd.3. Escrow Agreement. The escrow holder shall be a responsible independent third party, acceptable to all parties. SEC. 12.49. SECURITY PERIOD. Subd. 1. Period. Security shall be for an initial period estimated by the developer and approved by the City Engineer, and shall be at least 30 days longer than the time necessary for completion of all improvements. The developer shall extend or renew the security as necessary to provide security until all improvements have been completed and accepted by the City Engineer. are-complete. Subd.2. Extension or Renewal of Security. Security shall be automatically renewable. An Subd.3. Completion Within Ten Years. Unless otherwise limited in the developers agreement all improvements must be completed within ten years from the date of the final plat approval, or receive City Council permission for extension or renewal of the security. At-its-meeting In determining whether to allow extension or renewal the City Council shall consider whether there is a need for the improvement. If the Council determines that there is no need,then the security shall be released. If the Council determines that there is a need,then the Council shall determine whether the improvement should be ordered constructed either at the developer's or the City's expense, and whether the security should be extended or renewed for an additional period of time. SEC. 12.50. REDUCTION IN SECURITY. Subd. 1. When May Be Reduced. A. In General. Security may be reduced upon request by the developer after acceptance of an improvement by the City Engineer. The improvement shall be a complete system, such as all of a particular utility or a block of street paving, and shall have separable costs of at least 20 percent of the total amount of the security. In no event shall the security be reduced below 25%of the original amount of security(plus 100%of the estimated cost of any unpaid inspection and administration costs), nor below 125%of the amount which the City Engineer deems necessary to complete all remaining improvements. B. Streets. When all improvements have been accepted by the City Engineer except for the final wear course on a street, then upon request by the developer the City Engineer may reduce security to 200%of the cost to install the final wear course. Prior to reducing the security the developer must provide the City with security for maintenance of all improvements other than the street, as set forth in Subd. 3 below. 22 Subd.2. When May Be Released. Security may be released in the following circumstances and when the developer complies with Subd. 3 below: A. security may be released for any improvement which the City Council has agreed to construct under Chapter 429; B. security may be released for any improvement for which the developer has provided cash as payment in full for the developer's share of the cost of the improvement, at 125%plus engineering and administrative costs,which improvement cannot be timely constructed by the developer, or which improvement the City Council determines is not appropriate for immediate development due to incompatible grades, future planning, inadequate or lack of connecting facilities, or other reasons. If the amount of security estimated for completion of the improvement exceeds the actual costs, the City shall return any excess to the developer,without interest,upon completion of the improvement; C. security may be released when the City Engineer determines that all required improvements have been satisfactorily completed in accordance with the approved construction plans, and that the developer has given the City Engineer a detailed!as- buil "record drawing survey of the plat showing details as required by the design requirements and in compliance with Subd. 3 of this Section. Subd.3. Security for Maintenance. Security shall not be released for any improvement until the developer has submitted security assuring the satisfactory condition of the improvement for a period of one year after acceptance by the City. If the improvements were constructed without security, security for maintenance still is required. This security may be any security listed as an option in Sec. 12.47, except that a maintenance bond shall be provided in place of a performance bond. The amount of the security shall be 60 percent of the total cost of the improvements. SEC. 12.51. WREN SECURITY MAY BE DRAWN UPON. The City may draw upon the security whenever it appears that the developer will not comply with the conditions of the final plat, pay the administrative and inspection fee, or comply with the requirements of this Chapter, including completion of all improvements prior to expiration of the security. The City shall make reasonable efforts to notify the developer prior to making any draw. 23 SEC. 12.54. SUBMITTAL REQUIREMENTS FOR PRELIMINARY PLATS. Subd. 1. Documents Required. The preliminary plat shall include the entire land area owned or controlled by the developer, unless the excluded land is of a size described as an optional subdivision under Sec. 12.01, Subd. 3.B. A developer shall submit the following documents to the Planner: A. A completed application form; B. A general narrative description of the project - - - - -- - •• - -_ - ; C. Fees as specified in the adopted City fee schedule; D. A description of any requested variances; E. A wetland delineation report when applicable; F. When applicable to the land being subdivided,the developer shall submit the following documentation: 1. Evidence that a county highway permit will be granted, if the site will have access to a county road; 2. A landscape plan meeting the landscaping and tree preservation requirements of City Code Sec. 11.61, ' -- • •- •- • •• ' - - 3. In rural service areas soil percolation tests, soil borings and sewage treatment design for two sites per proposed lot, conforming to the testing procedures of the Shakopee sewage disposal and treatment code; and develeper—and G. All required drawings as specified in Subd. 2. Subd.2. Drawings Required. In submitting a preliminary plat for consideration,the developer shall submit the following drawings which are described in detail below: A. 20 copies of a drawing of the preliminary plat; B. 20 copies of an existing conditions map; 24 C. 20 copies of a grading and erosion control plan; D. 20 copies of a street and utilities plan; E. 20 copies of a stormwater management plan; F. Copies of other documentation as deemed appropriate or necessary by the Planner; and Subd.3 All Drawings. Each drawing submitted by the developer must be on paper which is 22- inches by 34-inches,unless otherwise approved in advance by the City Engineer. In addition,the developer shall provide one paper copy of each drawing on paper which is 11-inches by 17-inches. Each drawing shall contain the following items: A. B. C. a north arrow; a graphic scale with a minimum scale of one inch equals one hundred feet for parcels under 20 acres. For parcels larger than 20 acres,the Planner may authorize a smaller scale, provided that the plat must be easily interpreted at that scale. A scale of one inch equals 50 feet is preferred; the date of the original drawing and all revisions; E. existing and proposed street rights-of-way; and F. the boundary of the subdivision. Subd. 4. Preliminary Plat Drawing. In addition to the items listed in Subd. 3 above, a preliminary plat drawing shall contain the following items: A. a title block containing the name of the subdivision, "Shakopee,Minnesota", and "Preliminary Plat"; B. the boundary of the subdivision to scale, showing existing permanent monuments, angles, bearings, and distances; C. the property lines and property identification(PID)numbers of all parcels of land 25 within 100 feet of the parcel proposed for subdivision; D. The property lines and the property identification numbers(PIDs)of all parcels of land within 100 feet of the parcel proposed for subdvision; E. the name and address of the developer; F. the name and address of any design professional involved in the preparation of the plat, including the engineer, land surveyor, architect, planner, etc.; G. a block of zoning information including the following: 1. the current zoning of the land; 2. the total number of buildable lots; 3. the total number of outlots; 4. the total acreage included in the preliminary plat, in tenths of an acre; 5. the total acreage of street right-of-way, in tenths of an acre; 6. the total acreage of areas intended to be dedicated for public use, other than streets, alleys, pedestrian ways, and utility easements; 7. the total acreage of outlots; 8. the minimum lot depth in the subdivision; 9. the minimum lot depth under the zoning ordinance;and 10. the minimum lot width in the subdivision at the building setback; H. proposed lot and block numbers; L the exterior dimensions of each lot; J. the area of each lot in square feet; K. the location and dimensions of any existing or proposed streets; L. the proposed street names; M. the location and dimensions of any existing or proposed easements, and the type of 26 easement; N. the location and dimensions of any existing or proposed sidewalks or trails; 0. the location of any existing structures which are intended to remain after final plat recording; and P. building setback lines. Subd.5. Existing Conditions Map Drawing. In addition to the items listed in Subd. 3 above, an existing conditions map drawing shall contain the following items: A. the location and dimensions of any previously platted streets; B. the location and dimensions of driveways or other curb cuts; C. a location map of the subject property at a minimum scale of one-inch equals 2000 feet; D. the property lines and PID numbers of all parcels of land within 100 feet of the parcel proposed for subdivision; E. any existing infrastructure, such as sanitary sewer, storm sewer,watermains, culverts, or other underground facilities; F. the location and dimensions of any wetlands; G. the location and dimensions of any existing easements and right-of-way; H. contours of the land at two-foot intervals; I. the location and size of all trees which are over six inches in diameter, measured at six feet off the ground, with all such trees proposed for removal clearly identified. Trees in a delineated woodland area,which will not be disturbed, need not be individually identified; J. the location and perimeter of all floodplains; K. the location and perimeter of all shoreland areas; L. the location of any existing wells; M. the location and dimensions of any known contaminated soils areas; 27 N. the location of any existing septic systems; 0. the location and dimensions of any existing foundations or retaining walls; P. the location and dimensions of any known fill areas; Q. the location and ordinary high water mark of any lake, stream, or other watercourse; and R. the location of any power transmission poles and towers. Subd. 6. Grading and Erosion Control Plan. In addition to the items listed in Subd. 3 above, a grading and erosion control plan drawing shall contain the following items: A. existing contours at two-foot intervals up to 100 feet off-site, shown by light dashed lines; B. proposed contours at two-foot intervals up to 100 feet off-site, shown by solid lines; C. spot and finished elevations at all property corners; D. proposed floor elevations; E. existing floor elevations for all structures; F. the lowest final grade elevation for all lots adjacent to stormwater facilities; G. street grade changes and percentage of grade; H. Ordinary high normal water(OHW) level of all ponding facilities, wetlands, lakes, streams, and rivers, all of which also shall be identified and labeled; L bench mark listing location and elevation; J. grading and erosion control information, including the following: 1. maximum driveway grade; 2. maximum ditch grade; 3. minimum ditch grade; 4. maximum slope grade; 28 5. maximum street grade; 6. minimum street grade; and 7. maximum street grade within 50 feet of a street intersection; K. delineation of wetlands on the site; L. erosion control features including detail drawings as required in the erosion control plan, and lot benching details; M. an erosion control statement as required by the design criteria; N. name,registration number, and signature of the professional engineer or surveyor; and 0. storm sewer schematic to 100 feet off-site, showing both proposed and existing. Subd. 7. Street and Utilities Plan Drawing. In addition to the items listed in Subd. 3 above, a street and utilities plan drawing shall contain the following items: A. a sanitary sewer schematic to 100 feet off-site, showing both proposed and existing, including the following: 1. rim and invert elevations;and 2. pipe size,grade,and material. 3. manhole size and type. B. sanitary sewer information, including the following: 1. maximum length between manholes; and 2. minimum depth of manhole as measured from the top of the rim elevation to the sewer invert elevation; C. storm sewer schematic to 100 feet off-site, showing both proposed and existing, including the following: 1. rim and invert elevations of structures and catch basins; and 2. pipe size and material; 29 D. storm sewer information, including the following: 1. maximum length between manholes; 2. minimum depth of manhole as measured from the top of the rim elevation to the sewer invert elevation; 3. normal and high water elevations for any pond, shown on the plan view; E. typical roadway sections; F. drainage and utility easements; G. name, registration number, and signature of the professional engineer; H. sanitary sewer profiles; L storm sewer profiles; and J. street layout including curb lines. Subd.8. Stormwater Management Plan Drawing. In addition to the items listed in Subd. 3 above, a stormwater management plan drawing shall contain the following items: A. drainage area map, showing the following: 1. a delineation of existing and proposed drainage sub-areas, including any larger tract or basin of which the subject is a part; 2. all proposed ponding areas,with the normal and high water elevations; and 3. off-site drainage volumes and rates for each subarea; B. drainage calculations, including the following: 1. total stormwater runoff from the site and entering the site; 2. gross area of the subdivision; 3. National Urban Runoff Program or Water Quality pond volume and sediment storage volume; and 4. pond sizing computations; 30 C. existing contours at two-foot intervals up to 100 feet off-site, shown by light dashed lines; D. proposed contours at two-foot intervals up to 100 feet off-site, shown by solid lines; E. normal and high water levels of all ponding facilities,wetlands, lakes, streams, and rivers, all of which also shall be identified and labeled; F. bench mark listing location and elevation; G. delineation of wetlands on the site; H. name, registration number, and signature of the professional engineer; L directional arrows showing lot and site drainage patterns; J. a narrative and summary of the stormwater calculations; K emergency overflow routes and elevations from all ponding areas and wetlands for a 100-year storm; L. total pond volume required and available for each pond; M. National Urban Runoff Program or Water Quality pond volume required and available for each pond; N. storm sewer schematic to 100 feet off-site, showing both proposed and existing storm sewers; and 0. a delineation of the floodway, flood fringe, and floodplain. 31 SEC. 12.56. SUBMITTAL REQUIREMENTS FOR FINAL PLATS. Subd. 1. Documents Required. A developer shall submit the following documents to the Planner: A. a completed application form; B. a fee as specified in the fee schedule; and C. all required drawings and additional documentation specified below. Subd.2. Drawings Required. In submitting a final plat for consideration,the developer shall submit the following drawings which are described in detail below: A. 20 copies of a drawing of the final plat; B. 20 copies of a drawing of the area plat; C. 20 paper copies and one autocad copy of construction plans for all public improvements; D. when applicable to the land being subdivided,the developer shall submit the following documentation: 1. construction plans for all public improvements, including but not limited to the following: a. streets, sewer mains, storm drainage facilities, sidewalks,trails, street lights, and other public improvements governed by City design criteria; and b, watermains and other public improvements governed by Shakopee Public Utilities design criteria; 2, any required permits or approvals, including but not limited to the following: a. Minnesota Department of Transportation permit to work in the right- of-way; b. Scott County permit to work in the right-of-way; c. Minnesota Pollution Control Agency national pollutant discharge elimination system permit; 32 d. Minnesota Pollution Control Agency sanitary sewer extension permit;and e. City street cut permit for utility installation; and 3. a petition for improvements intended to be constructed by the City and specially assessed under Minn. Stat. Chapter 429, if desired by the developer. E. Copies of other documentation as deemed appropriate or necessary by the Planner. Subd.3. All Drawings. Each drawing submitted by the developer must be on paper which is 11- inches by 17-inches or 22-inches by 34-inches,unless otherwise approved in advance by the City Engineer. Each drawing shall contain the following items: A. a north arrow; B. a graphic scale with a minimum scale of one inch equals one hundred feet for parcels under 20 acres. For parcels larger than 20 acres,the Planner may authorize a smaller scale, provided that the plat must be easily interpreted at that scale. A scale of one inch equals 50 feet is preferred; C. proposed lot lines; and D. existing and proposed street rights-of-way. Subd.4. Final Plat Drawing. In addition to the items listed in Subd. 3 above, a final plat drawing shall be submitted on autocad and shall contain the following items: A. a title block containing the name of the subdivision, "Shakopee,Minnesota", and "Final Plat"; B. the legal description of the entire parcel proposed for final platting; C. the boundary of the subdivision to scale, showing angles, bearings, distances, and either showing permanent monuments or a statement that all monuments will be set within one year after recording; D. a sworn certification by a registered land surveyor,that the plat is a correct representation of a survey made by that surveyor,that all distances are correctly 33 shown,that all monuments have been or will be correctly placed in the ground as shown or stated, and that the outside boundary lines are correctly designated on the plat; E. the name and adjacent boundary lines of any adjoining platted lands; F. lot and block numbers; G. the exterior dimensions of each lot; H. the location and dimensions of any existing or proposed streets, alleys,trails, and other public areas; L the proposed street names; J. the location and dimensions of any existing or proposed permanent easements, and the type of easement; K a notarized statement by the property owner and any mortgage holder dedicating all streets, alleys,trails, easements, and other public areas as follows: "Streets, alleys, trails, easements, and other public areas shown on this plat are hereby dedicated to the public."; L. space for certificates of approval to be filled in by the signatures of the Mayor, City Attorney, and City Clerk, in the following form: Approved by the City of Shakopee,Minnesota,this day of 19 Mayor ATTEST: City Clerk I certify that I have examined evidence of title for this plat and recommend this plat for approval. City Attorney Subd. 5. Area Plat Drawing. In addition to the items listed in Subd. 3 above, an area plat drawing shall contain the following items: A. the name and address of the developer; 34 B. the name and address of any design profession involved in the preparation of the plat, including the engineer, land surveyor,architect,planner, etc.; C. the date of the original drawing and all revisions; D. a block of zoning information including the following: 1. the current zoning of the land; 2. the total number of buildable lots; 3. the total number of outlots; 4. the total acreage included in the final plat, in tenths of an acre; 5. the total acreage of street right-of-way, in tenths of an acre; 6. the total acreage of areas intended to be dedicated for public use, other than streets, alleys, pedestrian ways, and utility easements; 7. the total acreage of outlots; 8. the minimum lot depth in the subdivision; 9. the minimum lot depth under the zoning ordinance; and 10. the minimum lot width in the subdivision at the front building setback; E. the area of each lot in square feet; F. the property lines and PID numbers of all parcels of land within 100 feet of the parcel proposed for subdivision; G. the location and dimensions of any existing or proposed temporary easements, and the type of easement; H. the location and dimensions of any existing or proposed sidewalks or trails not otherwise shown in an easement; L the location of any existing structures which are intended to remain after final plat recording; and 35 J. building setback lines. Subd. 6. Common Interest Community Subdivisions. In addition to the items listed above, in Common Interest Community subdivisions the developer shall provide the following: 1. evidence that perpetual access is provided to each unit; 2. evidence that a perpetual easement or other access is provided for utilities to each unit; 3. evidence that a perpetual easement or other egress is provided for storm water drainage from each unit; and 4. evidence that perpetual maintenance of common areas is provided for. SEC. 12.57. SUBMITTAL REQUIREMENTS BEFORE FILING FINAL PLAT. Subd. 1. Evidence of Title. The developer shall submit to the City Attorney evidence of title to the property. This is required in order to allow the City Attorney to determine whether the Ctiy is acquiring clear title to any property being dedicated, such as streets, parks, and easements. Evidence of title can be either an Abstract of Title continued to date, or a Certificate of Title. In lieu of providing either of these,the developer may provide the City with an acceptable title opinion or title insurance addressed to the City which insures the title and the City's proposed interest in the property. Subd.2. Reformation of Mortgages. If there is an existing mortgage on the property being subdivided,the developer must submit evidence that the legal description on any mortgages have been reformed to match lots and blocks of the plat. Subd.3. Developer's Agreement. If security needs to be provided for any improvements under Sections 12.40 through 12.51,the developer shall enter into a developer's agreement with the City prior to filing the final plat. The developer's agreement shall identify who is constructing each improvement, and identify the security being provided for construction and maintenance. Conditions imposed by the City Council in their approval of the final plat may be included in the developer's agreement, along with any other appropriate provisions. 36 SEC. 12.60. DESIGN CRITERIA. Subd. 1. Purpose. Each subdivision of land needs to blend with and complement surrounding divisions of land. In order to accomplish this,the City has established certain design criteria to which all divisions of land must conform. Subd.2. City Design criteria. The City Engineer has prepared and adopted design criteria and specifications for construction and installation of public improvements. All public improvements be designed, constructed, and installed according to and conform to the City design criteria. SEC. 12.61. GRADING. All grading for a subdivision shall be done in accordance with the City design criteria. SEC. 12.62. EROSION CONTROL. Subd. 1. Required. Erosion control shall be provided for all land in a subdivision during construction. Subd.2. Design criteria. All erosion control measures shall be designed,constructed, installed, and removed in accordance with the City design criteria. SEC. 12.63. STORM SEWER. Subd. 1. Required. Storm sewer or surface water drainage facilities shall be provided for all land in a subdivision. Subd.2. Design criteria. All storm sewers shall be designed, constructed, and installed in accordance with the City design criteria. Subd.3. Trunk Fees. The developer shall pay to the City trunk storm sewer fees as established by the City Council. SEC. 12.64. SANITARY SEWER. Subd. 1. Required. Sanitary sewer facilities setic systems shall shall be adllowed only ofor all outsbde the Metropolitan le lots in a subdivision. Private sewer systemsp Urban Service Area. Subd.2. Design criteria. All sanitary sewers shall be designed, constructed, and installed in accordance with the City design criteria. Subd. 3. Trunk Fees. The developer shall pay to the City trunk sanitary sewer fees as established by the City Council. 37 SEC. 12.65. UTILITIES. Subd. 1. Required. Public water, electric, and gas shall be provided for all developable lots in a subdivision. Provision for other utilities, such as telephone and cable television, shall be included in the design of the subdivision,but are not required to be installed. Subd.2. Design criteria. All utilities shall be designed, constructed, and installed in accordance with any applicable City design criteria. SEC. 12.66. STREET LIGHTS. Subd. 1. Required. Street lights shall be provided in a subdivision as required in the City design criteria. Subd.2. Design criteria. All street lights shall be designed, constructed, and installed in accordance with any applicable City design criteria. Installation of Street Lighting.The subdivider shall provide for installation of street lighting and operation for a period of three(3)years as prescribed by the Utilities Manager. SEC. 12.67. STREETS AND ALLEYS. Subd. 1. Required. All lots shall abut either a public street or common property specified for street or driveway use in a common interest community subdivision. Subd. 2. Design criteria. All streets and alleys shall be designed, constructed, and installed in accordance with the City design criteria. Right-of-way shall be dedicated to the City at no cost to the City at the width specified in the design criteria. SEC. 12.68. SIDEWALKS AND TRAILS. Subd. 1. Required. Sidewalks and trails shall be provided where specified in the City's sidewalk and trail plans. Subd. 2. Design criteria. All sidewalks shall be designed, constructed, and installed in accordance with the City design criteria. SEC. 12.69. LOTS AND BLOCKS. Subd. 1. Lots. All lots shall be of at least the minimum size specified in the City's zoning ordinance. Subd.2. Monuments.Permanent monuments shall be placed at the corner of each lot as required by Minnesota Statutes Chapter 505. 38 Subd.3. Blocks.Blocks shall be of a size to facilitate neighborhood development and to provide smooth traffic circulation. Block shapes and dimensions shall be set in accordance with the City design criteria. SEC. 12.70. PARKS AND DEDICATIONS. Subd.3. Purpose. The City Council recognizes it is essential to the health, safety and welfare of the residents of the City of Shakopee that the character and quality of the environment be considered to be of major importance in the planning and development of the City. In this regard,the manner in which land is developed and used is of high priority. The presentation of land for park, playground, public open space purposes and trails as it relates to the use and development of land for residential, commercial and industrial purposes is essential to the maintaining of a healthful and desirable environment for all residents of the City. We must not only provide these amenities for our citizens today, we must be mindful of our future citizens. The City Council should recognize that demand for park, playground, public open space and trails within a municipality is directly related to density and intensity of development permitted and allowed within any given area. Urban type developments mean greater numbers of people and higher demands for park, playground, public open space and trails. To disregard this principle is to inevitably over-tax existing facilities and thus diminish the quality of the environment for all residents. Subd. 2. Standards for Accepting Dedication of Land for Public Purposes: It should be the policy of the City of Shakopee that the following standards and guidelines for the dedication of land for park, playground, and open space purposes(or cash contribution in lieu of such dedications) in he subdividing and developing of land within the City shall be directly related to density and intensity of each subdivision and development. 1. As a prerequisite to subdivision approval, subdividers shall dedicate land for parks, playgrounds, public open spaces and trails and/or shall make a cash contribution to the City's park fund and trail fund as provided by this section. 2. Land to be dedicated shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of the proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. 3. The Parks and Recreation Advisory Board shall recommend to the Planning 39 Commission and City Council the land dedication and cash contribution requirements for proposed subdivisions. 4. Changes to the density of plats shall be reviewed by the Parks and Recreation Advisory Board for reconsideration of park dedication and cash contribution requirements. 5. When a proposed park, playground, recreational area, school site or other public ground has been indicated in the City's official map or Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be designated as such on the plat and shall be dedicated to the appropriate governmental unit. If the subdivider elects not to dedicate an area in excess of the land required hereunder for such proposed site,the City may consider acquiring the site through purchase or condemnation. 6. Land are conveyed or dedicated to the City shall not be used in calculating density requirements of the City zoning ordinance, and shall be in addition to and not in lieu of open space requirements for planned unit developments. 7. When private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the City Council, against the requirements of dedication for park purposes, provided the City Council finds it is in the public interest to do so. 8. The City, upon consideration of the particular type of development, may require larger or lesser parcels of land to be dedicated if the City determines that present or future residents would require greater or lesser land for park and playground purposes. 9. In residential plats, the City of Shakopee shall have a standard of one(1) acre of park land for every seventy-five(75)people. Thus, one acre of land shall be conveyed to the City as an outlot warranty for every seventy-five (75) people the platted land could house based on the following population calculations: Single-family detached dwelling lots...3.0 persons per lot Duplex/Twin homes 3.0 persons per dwelling unit Apartments, Townhouses, condominiums, other multiple family dwelling units....1 person per bedroom 10. In plats other than residential, the City hereby finds that, as a general rule, it requires that an amount of land equal to 10%of the undeveloped land proposed to be subdivided be dedicated or reserved to the public for public use for parks, playgrounds, trails, wetlands or open space. Should the land to be dedicated have greater fair market value than the average fair market value in the plat,the City shall only be authorized to require dedication of an amount of land equal to 10%of the fair market value of all the property being platted. 11. In lieu of park land donation, the City may require an equivalent cash donation based upon average undeveloped land value in the City. The cash dedication requirement shall be established annually by the City Council. 12. In lieu of trail donation, trail construction, or trail easement dedication, the city may 40 require a cash donation for the trail system. The cash dedication requirement shall be established annually by the City Council. Dedication for trails in the form of cash shall apply only to residential plats. 13. The City may elect to receive a combination of cash, land and development land for park use. The fair market value of land the City wants and the value of the development of land shall be calculated. That amount shall be subtracted from the cash contribution required by subsection(k) above. The remainder shall be the cash contribution requirement. 14. Fair market value shall be determined as of the time of filing the final plat in accordance with the following order of preference: (1) the price the subject land sold for within the past year, (2) based on the average fair market value of undeveloped city residential property by zoning classification, served by major City utilities. (3) an appraisal performed for or on behalf of the City within the past year, (4) an appraisal performed for or on behalf of the subdivider within the past year. The fair market value determination shall exclude any value added to such land within the past year for improvements serving such land. 15. Planned unit developments with mixed land uses shall make cash and/or land contributions in accordance with this section based upon the percentage of land devoted to the various uses. 16. Park and trail cash contributions are to be calculated at the time of the final plat approval. 17. The cash contributions for parks and trails shall be deposited in either the City's park development fund or multi-purpose pedestrian fund and shall be used only for park acquisition or development and trial acquisition and development. 18. If a subdivider is unwilling or unable to make a commitment to the City as to the type of building that will be constructed on lots in the proposed plat, the land and cash contribution will be a reasonable amount determined by the City Council. 19. Wetland, ponding areas , drainageways accepted by the City shall not be considered in the park land and/or cash contribution to the City. 20. When a proposed trail has been indicated in the City's official Comprehensive Plan Map, and it is located in whole or in part within the proposed plat, it should be designated on the plat and should be dedicated to the City. If the subdivider elects not to dedicate and area in excess of the land required for a trail, the City may consider acquiring it through condemnation. 21. Required land dedication and/or payment of fees in lieu of land dedication shall be required at the time of final subdivision approval. However, at the request of any party submitting a plat, the Council may, at it's exclusive discretion, determine`he . . . . . , : -: . enter into a contractual agreement with said developer to 41 allow said payment to be deferred until a building permit or permits are issued for the lots in said plat. Any such deferment shall be in accordance with the park dedication fees in effect at the time of of issuance of the building permit(s). SEC. 12.71. LANDSCAPING. Subd. 1. Required. Landscaping shall be provided for all land in a subdivision. Subd.2. Design criteria. Landscaping shall be designed and installed in accordance with the zoning ordinance and City design criteria. SECTIONS 12.72- 12.74. Reserved. SEC. 12.75. FEES. The developer shall pay the City an administrative and inspection fee consistent with the fee established annually by the City.based on %of the estimated cost of the improvements. All engineering and inspection fees are due prior to inspection, if the final plat for the property has not been recorded. If the final plat is to be has-been recorded,then one-half of the fees are due prior to recording the final plat, and the other one-half may be included in the security and must be paid prior to the time of acceptance of the final improvements. Fees shall be based upon the most recent fees as established yearly by Council for the City of Shakopee. 42 SEC. 12.80. ADMINISTRATION. Subd. 1. Enforcing Officer. This Chapter shall be administered and enforced by the Planner or his/her designee in accordance with its terms. Subd.2. Duties of the Planner.The Planner's duties shall include the following: A. administer all applications under this Chapter; B. serve as staff advisor to the Planning Commission and the City Council; C. prepare reports and information for the Planning Commission and the City Council, and attend their meetings and participate in their hearings and discussions; D. maintain records of all preliminary plats, final plats, minor subdivisions, variances, appeals, and other matters regulated by this Chapter; E. determine that all building permits comply with the terms of this Chapter; F. institute appropriate enforcement proceedings and actions against violators; and G. perform such other functions as may be necessary to enforce and administer this Chapter. Subd.3. Notice.Failure to give notice or to give adequate notice of proceedings under this Chapter,when such is required by this Chapter shall not invalidate any proceeding, provided that a good faith attempt has been made to comply with the notice requirement. Subd. 4. Fees.The fees required by this Chapter shall be those specified in the most recent Fee Schedule adopted by the City Council. Fees are payable at the time a drawing and documents are submitted to initiate a preliminary or final plat, or upon submission of an application for any other procedure governed by this Chapter. No application shall be deemed to be complete until the fee has been paid. The fee may be waived by the City Council in the case of applications filed in the public interest by the Planning Commission or City Council. 43 SEC. 12.83. SUBDIVISION REGULATIONS AMENDMENTS. Subd. 1. Initiation.An amendment to the subdivision regulations may be initiated only by the City Council or by the Planning Commission. All amendments shall be consistent with the purposes of this Chapter. Subd.2. Criteria for Granting a Subdivision Regulations Amendment.The City Council may approve an amendment to the subdivision regulations amendment when it finds that one or more of the follow criteria have been met: A. that the original subdivision regulations ordinance is in error; B. that significant changes in community goals and policies have taken place; C. that significant changes in City-wide or neighborhood development patterns have occurred; or D. that the comprehensive plan requires a different provision. Subd. 4. Planning Commission Recommendation.The Planning Commission shall review each proposed amendment to the subdivision regulations, and submit its recommendation to the City Council. Subd.5. City Council Action. After receipt of the recommendation of the Planning Commission, the City Council shall consider and act on the amendment. Subd. 6. Reapplication.No amendment which is denied wholly or in part by the City Council shall be resubmitted for a period of six(6)months from the date of denial, except on grounds of new evidence or change of conditions. Each reapplication shall be considered a new application. 44 SEC. 12.89. VARIANCES. Subd. 1.Unusual Hardship. The City Council may vary the subdivision regulations as they apply to specific properties where an unusual hardship exists on the land or where the City Council has previously granted variations from this Chapter as a part of a separate Planned Unit Development (PUD) application and review.Prior to Council action,the Planning Commission shall have reviewed the application and approved, approved with conditions, or denied the application. Failure of the Planning Commission to make a decision, after a written request to do so at a specifically designated meeting, shall constitute a denial. Subd.2. Specific Grounds for Granting Variances. Variances may be granted only when the City Council finds that extraordinary hardships or practical difficulties may result from strict compliance with the subdivision regulations, or that the purposes of the subdivision regulations may be served to a greater extent by an alternative proposal. The City Council must find that the variances meets all of the specific grounds set forth below. A. the variance will not have the effect of nullifying the intent and purpose of the subdivision regulations; B. the purposes and intent of this Chapter may be equally served by the alternative proposal; C. the granting of the variance will not be detrimental to the public safety, health, or welfare, or injurious to other property or improvements in the neighborhood in which the property is located; D. the conditions upon which the request for a variance are based are unique to the property for which the variance is sought, and are not generally applicable to other property in the City; E. the conditions upon which the request for a variance are based do not result from the actions of the developer; F. due to the particular physical surroundings, shape, or topographical conditions of the specific property involved, such as inadequate access to direct sunlight for solar energy systems, an unusual hardship to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of the provisions of this Chapter is carried out; and G. the variance will not in any manner vary the provisions of the zoning ordinance, comprehensive plan, or any official map. Subd.4. Application. An application for a variance shall be filed with the Planner or his/her 45 designee on the appropriate forms stating the unusual hardship claimed and the specific relief requested. Subd. 5. Submission with Preliminary Plat.Request(s)for a variance under this Chapter shall be submitted with the application for Preliminary Plat approval. A. An application submitted independent of a preliminary plat must meet all submittal requirements for a preliminary plat, except those waived by the Planner as unnecessary due to the specific nature of the variance requested. Subd. 7. Decision.Upon recommendation by the Planning Commission,the City Council may grant or deny a variance. Variances may be approved by the affirmative vote of a simple majority of those present. If the City Council denies a variance, it shall make a finding and determination that the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period of six(6)months from the date of denial, except on grounds of new evidence or proof of change of conditions. Subd. 8. Additional Conditions.In granting a variance,the City Council may impose conditions in order to preserve the health, safety or welfare of the community or in order to meet the purposes of this Chapter or the comprehensive plan. Subd. 9. Recording. Each variance shall be enumerated in, and thereby recorded with the final plat resolution in the Scott County Recorder's office. Subd. 10. Term of Variance. A variance granted by the City Council shall expire if the preliminary or final plat to which it relates expires. Subd. 11. Violations. No developer shall violate, fail to comply with, or assist, direct, or permit the violation of the terms or conditions of a variance. Such violation shall be a violation of the variance and shall render the variance null and void. 46 SEC. 12.90. APPEALS. Subd. 1. Appeals from City Staff Decisions. Any person aggrieved by a decision of the Planner, the Planner's designee, or other City staff person regarding the enforcement of this Chapter, may appeal to the Board of Adjustment and Appeals. The appeal shall specify what error allegedly was made in an order,requirement, decision, or determination made by the Planner or other person. The appeal shall befiled in writing with the Planner within seven dayss of the date of decision. Uponn receipt of an appeal,the Planner shall schedule the matter for consideration by the Board. The Board shall have authority to affirm, modify, or reverse the decision of the Planner or other person. This provision shall not apply in the case of a criminal prosecution for violation of this Chapter. Subd.2. Construction During Appeal Period. Any developer who obtains a building permit and starts construction during an appeal period assumes the risk that the decision may be reversed upon appeal. When an appeal is received by the City,the developer will be notified of the appeal, unless the developer filed the appeal. 47 SEC. 12.91. NONCONFORMITIES. Subd. 1. Purpose. When a lot or final plat existed on the effective date of this ordinance and no longer fully meets the regulations of this Chapter, such lot or plat will be allowed to develop under carefully regulated conditions. Subd.2. Development of Nonconforming Lot or Plat. Development of a nonconforming lot or plat may be permitted upon a finding by the Board of Adjustment and Appeals of the following: A. the number and extent of nonconformities will not be affected or will be reduced in conjunction with the proposed development; B. the impact of nonconformities upon adjacent property will not be affected or will be reduced in conjunction with the proposed development; and C. the conditions to be imposed by the Board of Adjustment and Appeals will effect the intent of this section. Subd.3. Nonconformity; Eminent Domain.When the taking under eminent domain of a portion of the land upon which there existed a lawful lot or division of land prior to such taking results in such lot or division of land becoming unlawful under this Chapter, such use is a nonconformity and may be continued only under the provisions of this Chapter. 48 SEC. 12.96. REGISTERED LAND SURVEYS. No parcel of land may be divided through a registered land survey. If a registered land survey is designed to create more than one parcel of land, modify property lines, or combine parcels of land,the property must be platted under this Chapter. If a registered land survey only clarifies a metes and bounds description on a single parcel of land, platting is not required. SEC. 12.97. RECORDING WITHOUT COMPLIANCE WITH THIS CHAPTER Subd. 1. Filing of Conveyance of Land. No conveyance of land to which these regulations apply shall be filed or recorded with the office of the Scott County Recorder/Registrar of Title, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after these regulations become effective, except if the land described: A. was a separate parcel of record as of July 25, 1972,when the City first adopted subdivision regulations; B. was the subject of a written agreement to convey entered into prior to July 25, 1972; C. was a separate parcel of not less than two and one-half acres in area and one hundred fifty feet in width on January 1, 1966; D. was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980; E. is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width; or F. is a single parcel of residential or agricultural land not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. Subd.2. Exception. In any case in which compliance with Subd. 1 of this Section will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations,the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Subd.3. Sales of Lots From Unrecorded Plats.It is unlawful to sell,trade, or otherwise convey nsubdivision unless the plat has been lot as a part of, or in conformitywith, any plat of any any recorded with the Scott County Recorder/Registrar of Title. 49 SEC. 12.99. VIOLATION A MISDEMEANOR A violation of this Chapter occurs when 1)a person performs an act prohibited by or declared unlawful by this Chapter,2)a person fails to act in accordance with this Chapter when such action is required, and 3)a person knowingly makes or submits any false statement or document in connection with any application or procedure required by this Chapter. Upon conviction of a violation, such person shall be punished as for a misdemeanor. 50 Section 2—That the City Council hereby adopts the following summary for purposes of publication: ORDINANCE XXX SUMMARY Sec. 12.01. TITLE, PURPOSE,AND INTERPRETATION This section sets forth the purpose, scope, and rules for application of the Subdivision Regulations. Sec. 12.02. DEFINITIONS This section defines significant terms used in the Subdivision Regulations, and addresses how inconsistencies with other portions of the City Code are to be dealt with. Sec. 12.21. MINOR SUBDIVISIONS. This section establishes a class of subdivisions consisting of five(5) or fewer lots that may be approved administratively, and establishes a procedure for minor subdivisions. Sec. 12.28. PRELIMINARY PLAT APPROVAL PROCESS. This section establishes the process for determining applications to be complete, for Planning Commission and City Council review of preliminary plats. Sec. 12.32. FINAL PLAT APPROVAL PROCESS. This section establishes the process for determining applications to be complete, for Planning Commission and City Council review of final plats. Sec. 12.34. EFFECT OF APPROVAL. This section establishes that the effective period for preliminary plat approval is one (1)year, and for final plat approval is two (2)years. It further provides a process for approval of extensions, and sets forth rights during the approval period. Sec. 12.40. DEVELOPER SHALL CONSTRUCT IMPROVEMENTS. This section requires developers to construct improvements required in a plat. Sec. 12.41. CITY MAY CONSTRUCT IMPROVEMENTS. This section sets forth a process by which developers may request that the City construct certain public improvements. It further establishes the method by which developers are to pay for 51 improvements installed by the City. Sec. 12.47 and 12.48.SECURITY OPTIONS and DETAILS REGARDING SECURITY OPTIONS. Section 12.47 sets for the options for providing security for improvements in connection with a plat, as well as the required amounts and timing. Section 12.48 addresses related issues. Sec. 12.54. SUBMITTAL REQUIREMENTS FOR PRELIMINARY PLATS. This section spells out the following: • The documents that are required for a complete preliminary plat application, • The drawings that are required for a complete preliminary plat application, including grading and erosion control, and street and utilities plans • Information that is required on drawings, Sec. 12.56. SUBMITTAL REQUIREMENTS FOR FINAL PLATS. This section spells out the following: • The documents that are required for a complete final plat application, • The drawings that are required for a complete final plat application, including grading and erosion control, and street and utilities plans • Information that is required on drawings, Sec. 12.60— 12.69.DESIGN CRITERIA—LOTS AND BLOCKS These sections address criteria to be applied to the configuration of plats as well as the design of certain improvements in plats. Sec. 12.70. PARKS AND DEDICATIONS. This section establishes the standards for accepting park dedication in land, cash or some combination of land and cash. Sec. 12.80. ADMINISTRATION. This section establishes the responsibilities of the Planner in administering the subdivision regulations. Sec. 12.99 VIOLATION A MISDEMEANOR. 52 This section makes violation of the subdivision regulations a misdemeanor. Sec. 12.83. SUBDIVISION REGULATIONS AMENDMENTS. This section sets forth the process of initiating Planning Commission and City Council review of amendments to the subdivision regulation. Sec. 12.89. VARIANCES. This section establishes the process for seeking variances from the subdivision regulations, as well as the grounds for granting variances. Section 3 -Effective Date. This ordinance becomes effective from and after its passage and publication of the summary above. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk Ordinance No. 531 Published in the Shakopee Valley News on the day of , 1998. PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 [subdregn\all] 53 A/s b CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: County Road 83/County Road 16 Improvements DATE: January 11, 1999 INTRODUCTION: Staff has been working with the developer of Valley Green Business Park on the Valley Green Corporate Center proposal, which is a development of the West Dean Lake property located near County Road(C.R.) 83 and C.R. 16. At the Work Session staff will present a concept plan for C.R. 83 and C.R. 16 improvements, and update the Council on the progress of this concept plan with Scott County Highway Department. BACKGROUND: In the City of Shakopee's Transportation Plan, it was identified as a transportation improvement to realign C.R. 16 with 17th Avenue, in order to provide transportation circulation in this area and provide adequate access to the West Dean Lake property. Staff did work with WSB & Assoc. in formulating the Transportation Plan, which has been approved by City Council and is out for formal review. It will be incorporated into the City's Comprehensive Plan. Jon Albinson, of Valley Green Business Park, has been working with WSB & Assoc. to develop a Transportation Plan that could serve the proposed Valley Green Corporate Center. City staff has also been involved in working with WSB & Assoc. on a proposed C.R. 83 and C.R. 16 improvement project, which would allow the Valley Green Business Corporate Center, otherwise known as West Dean Lake area, to fully develop a major industrial business park. Attached to this memorandum are the following documents for Council review: • A summary of the County State Aid Highway 83/County State Aid Highway 16 improvements, as prepared by WSB & Assoc., outlining the transportation issues and improvements impacts. • Agenda for the Wednesday, December 16, 1998 meeting held with Scott County Highway Department on the proposed concept layout. • Response letter from Brian K. Sorenson, graduate engineer with Scott County Public Works and Land Division, on the proposed concept layout of C.R. 83 and C.R. 16 improvements. • Response letter from WSB & Assoc. on Scott County Highway Department's comment letter. In review of this information Scott County Highway Department has not indicated whether or not this proposal is acceptable, but has indicated a requirement to make 17th Avenue a County highway. Also, any development related improvements to the County highway system (C.R. 83, C.R. 16 and 17th Avenue) would be a developer/City responsibility, per Scott County Highway Department. The intent of this item on this City Council Work Session is to review the concept layout with the City Council and to receive comments on whether or not this proposal is acceptable and should move forward or not. Also, staff would like to review Scott County's requirement of 17th Avenue being a County road. Staff will make a brief presentation on the County road improvement layout and on the proposed Scott County Highway requirements. The developer of Valley Green Corporate Center would also like to address the Council on the need for good access in order to develop their site. 14)2/truce Lon y Public Works Director BL/pmp WSESSION /. CSAH 83/CSAH 16 IMPROVEMENTS CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA CITY OF SHAKOPEE WEDNESDAY, DECEMBER 16, 1998 8:00 A.M. - 9:30 A.M. AGENDA I. Review Concept Layout A. Three Projects II. Operational Analysis III. Transportation Plan Summary A. Scott County B. City of Shakopee IV. Design Considerations A. Mndot Spacing Guidelines B. Skew Angle 1. General -Mndot has found that Skews over 10 deg have increased Accidents Problem-20 deg angle Max. V. 17th Avenue Extension A. Schedule B. Turnback? C. Access VI. City's Concerns/Issues F:1W P W IN\1063.21\121696-age SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612)496-8346 BRADLEY J. LARSON Fax: (612)496-8365 ASSOCIATE ADMINISTRATOR December 30, 1998 Bruce Loney Shakopee City Engineer Shakopee City Hall �/ `14j 129 Holmes Street South O� 1 Shakopee, MN 55379 s Subject: Valley Green Corporate Center Proposal .O� Dear Bruce: We appreciate the efforts made by the City of Shakopee, WSB & Associates, and Jon Albinson in preparing the December 18, 1998 presentation regarding the proposed Valley Green Corporate Center (VGCC). The Scott County Highway Department has the following comments in regards to the VGCC and the corresponding proposed improvements to County State Aid Highways 83 and 16: Alternative Comparison • A capacity and level of service analysis was completed for both the October, 1997, VGCC Feasibility Report and the December 18, 1998 presentation. This analysis was performed for both Alternative 1 (right-in/right-out access to CSAH 83) and Alternative 2 (full access to CSAH 83). The Alternative 1 analysis for the CSAH 83 / CSAH 16 and CSAH 16 / Site Entrance intersections does not reflect any intersection improvements at either location. To properly analyze this alternative, the analysis should be run with the appropriate intersection improvements, including turn lanes (dual lefts where needed) and signal operation adjustments, as was done with Alternate 2. A signal may be necessary at the CSAH 16 / Site Entrance intersection for this analysis also. CSAH 16 Realignment/ 17th Avenue • Figure 11 of the Draft Shakopee Transportation Plan shows future 17th Avenue from CSAH 69 to CSAH 83 as being under Scott County jurisdiction within the Plan's time frame. If it is built as shown, we concur that 17th Avenue would function as part of the regional transportation system and should be under Scott County jurisdiction. With this being the case, any segments of 17th Avenue should be built to Scott County standards so the design of the roadway matches its function. The cost of constructing 17th Avenue, along with the jurisdictional and construction time schedules, need to be addressed in conjunction with the VGCC proposal. • The proposal includes realigning CSAH 16 east and west of CSAH 83 so it intersects CSAH 83 at 90 degrees. This realignment makes sense if 17th Avenue becomes part of the county highway system as designated in the Shakopee Draft Transportation Plan, and if it is constructed within an agreed upon time frame. If 17th Avenue does not become part of the County highway system, this creates a 1200 foot "jog" for CSAH 16 through traffic. Discontinuities in the arterial system such as this create traffic operation problems and reduce An Equal Opportunity/Safety Aware Employer • Valley Green Corporate Center-CSAH 83& CSAH 16 Page 2 system efficiency. The Scott County Highway Department has been proactive in attempting to eliminate such existing "jogs", and would not support creating new ones. CSAH 83 • Mn/DOT's review recommendations from August, 1998, regarding such issues as signal operations, auxiliary lanes, and drainage need to be addressed. • A detailed traffic analysis, including the predicted impacts of stacking and weaving, needs to be prepared before Scott County can fully comment on whether the proposed geometric design and intersection spacings are adequate. Such an analysis will also aid in addressing Mn/DOT's traffic related issues. • Control of access along CSAH 83 in the area of TH 169 is crucial in reducing congestion and accidents in this quickly developing area of Shakopee. It continues to be Scott County's position that unless there is engineering data supporting a safe right-in / right-out access, Secretariat Drive should be closed at CSAH 83. General Comments • The Developer/City will be responsible for the construction and cost of any roadway improvements to the county highway system, as deemed necessary by Scott County or Mn/DOT, that result from this development. • Noise levels will increase as traffic volumes increase on County highways in the area. At any new development along CSAH 16 or CSAH 83, such as VGCC, the responsibility for noise attenuation lies with the City and the developer. We appreciate the opportunity to comment. Please call us if you need additional information. Sincerely, Brian K. Sorenson Graduate Engineer c: Brad Larson, County Engineer Michael Leek,City Planner Bret Weiss,WSB &Associates Chuck Rickart, WSB &Associates Jon Albinson,Valley Green Business Park w:\word\review\study\vlygreen.doc e 'r. CSAH 83/CSAH 16 IMPROVEMENTS CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA KEY ISSUES January 7, 1999 1. VALLEY GREEN CORPORATE CENTER A. Large Generation Of Traffic: The Valley Green Corporate Center is proposing approximately 2 Million square feet of commercial uses on this property. It is anticipated that this development could generate more than 20,000 trips per day on an average day. B. Access Required: In order to accommodate the large traffic generation by this development, access needs to be located in such as a manner as to provide save and efficient movement of traffic into and out of the site. This would include multiple access points from collector and arterial roadways. Two alternatives were analyzed as part of this proposal . Alternate 1 maintained the existing CSAH 83/CSAH 16 intersection with a right in/right out access for the site from CSAH 83 north of CSAH 16. Alternate 2 realigned CSAH 16 to intersect at CSAH 83 at a 90 degree angle with the east leg at future 17th Avenue and the west leg at the site entrance. C. Increase Tax Base: The City's tax base is anticipated to increase significantly as a result of this development D. Development Will Occur: Should the Valley Green proposal not occur, this property adjacent to a major freeway would develop with some type of land use,most likely commercial,with access required. 2. INTERSECTION REALIGNMENT A. Skewed To Angle: Currently the intersection of CSAH 83 and CSAH 16 is at approximately a 30 degree skew. It is the recommendation of Mn/DOT that all roadways be as close to 90 degrees as possible. Serious consideration should be given to realigning an intersection if it's angle deviates more than 20 degrees from a right angle. Lack of relocation to this intersection will be expensive and cost-prohibitive after development. CSAH 83/CSAH 18 IMPROVEMENTS CITY OF SHAKOPEE KEY ISSUES WSB PROJECT NO.1063.21 F'\WPWIN\1063 21\KEYISSUES • B. Crash Experience: Over the past three and one-half years(1995 through June of 1998)there have been 58 accidents at the intersection of CSAH 83 and CSAR 16, including one fatality in 1997. The intersection average crash rate ranges from 4.5 accidents per million vehicle miles traveled (MVM)to 8.46 MVM,this compares to a statewide average on similar type roadways to 3.6 accidents per MVM. The severity rate of the accidents ranges from 13.51 accidents per MVM to 17.75 accidents per MVM compared to a statewide average of 6.9 accidents per MVM. Based on this data, it can be concluded that this intersection is far above the statewide average for accidents and that the odds of having a personal injury type accident is much greater. 3. OPERATIONAL IMPROVEMENTS A. Existing and Future ADT: The existing Average Daily Traffic (ADT)ranges from 13,900 vehicles per day on CSAH 83 to 2,550 vehicles per day on CSAH 16. The exisiting volumes on CSAH 83 meet the requirements as outlined in the Scott County Transportation Plan for a four lane roadway. The projected ADT volumes range from 21,000 vehicles per day on CSAH 83 to 15,000 vehicles per day on CSAH 16. B. Additional Lane Capacity: A capacity and level service analysis was performed using the proposed Valley Green Corporate Center site traffic,the Seagate Development site generated traffic and a 1.5 percent per year annual growth factor on all roadways. With these assumptions,the proposed lane configurations as presented, will operate at satisfactory levels of service during the peak hours, in the short-term(2002) and the long-term(2017). C. Signal Coordination: Currently,the three traffic signal systems on CSAH 83 between CSAH 16 and TH 169 are coordinated with hardware interconnection. It is anticipated that with the proposed CSAH 83 improvements,these same three intersections together with the future signals at 12`h Avenue and 17`h Avenue would all be coordinated. The coordination of these signals will improve the operation of the CSAH 83 corridor. D. Meets Mn/DOT's Spacing Requirements: Mn/DOT guidelines recommend that frontage/street connections adjacent to Freeway ramps be a minimum of 300 feet. The intersection of CSAH 83 at the site entrance is proposed to be approximately 800 feet from the TH 169 ramps. CSAH 83/CSAH 18 IMPROVEMENTS CITY OF SHAKOPEE KEY ISSUES 4. COUNTY ROAD DESIGNATION A. Jog In County Road: As indicated by Scott County, should this proposal move forward, a 1200 foot job would occur in the county road designation. However, with only 25-30% of the traffic on CSAH 16 traveling through this intersection and a greater amount turning left or right, it is our contention that a jog of this sort would not cause operational problems on CSAH 16 or CSAH 83. 5. 17th AVENUE EXTENSION A. Country Road In Future: The draft Shakopee Transportation Plan indicates that 17th Avenue extension from CSAH 83 to CSAH 69 might, in the future, be a county road. Even though, the transportation plan does indicate this, it states that it should be considered in the future. B. Function of Roadway: The extension of 17`h Avenue will function the same with or without the County Road 16 designation. The purpose of the roadway system is to move traffic from point A to point B. If the roadway has a County Road designation or not will not impact that function. CSAH 83/CSAH 18 IMPROVEMENTS CITY OF SHAKOPEE KEY ISSUES \WPWIN\106171\KFYISSUES CSAH 83/CSAH 16 IMPROVEMENTS CITY OF SHAKOPEE SCOTT COUNTY,MINNESOTA SCOTT COUNTY PRESENTATION FRIDAY,DECEMBER 18, 1998 9:00 A.M. AGENDA I. Project Overview II. Development Issue A. Comprehensive Plan/Land Use B. Transportation Plan 1. Scott County 2. City of Shakopee III. Design Issues A. Existing 1. Physical Constraints 2. Skew 3. Future Traffic Volumes 4. Operational Analysis B. Proposal 1. Access Distribution 2. Future Traffic 3. Operational Analysis a. Uncoordinated b. Coordinated IV. Jurisdiction Issues A. CSAH 16 B. 17Th Avenue V. Cost Participation A. Project Lead B. Funding Scenarios VI. Questions VII. Establish Action Steps and Schedule TRANSPORTATION PLAN SUMMARY CSAH 83/CSAH 16 IMPROVEMENTS SHAKOPEE, SCOTT COUNTY TRANSPORTATION PLAN ROADWAY SCOTT COUNTY CITY OF SHAKOPEE CSAH 83 Existing Traffic Volume(ADT) 13,900- 14,500 (1997) 13,900- 14,500 (1997) Projected Traffic Volume(ADT) 21,000(2015) 24,000(2020) Functional Classification Minor Arterial B Minor Arterial Jurisdictional Classification County (No Change) County(No Change) Recommended Improvements None Widen to 4 lanes with turn lanes CSAH 16 Existing Traffic Volume(ADT) 1900-2550 (1997) 1900-2550(1997) Projected Traffic Volume(ADT) 13,000- 15,000 (2015) 14,500(2020) Functional Classification Collector B Minor Arterial Jurisdictional Classification County (No Change) City (CSAH 83 to CSAH 17) Recommended Improvements None Turn lanes at CSAH 83 17TH AVENUE Existing Traffic Volume(ADT) NA NA Projected Traffic Volume(ADT) Not Considered 15,500- 17,000(2020) Functional Classification Not Considered A Minor Arterial Jurisdictional Classification Not Considered County (CSAH 83 to CSAH 69) Recommended Improvements Not Considered Extend to CSAH 83 WSB Associates, Inc. 12/17/98 CRASH INVESTIGATION CSAH 83/CSAH 16 IMPROVEMENTS SHAKOPEE, SCOTT COUNTY LOCATION 1995 1996 1997 1998 (Jan-June) PI F PD PI F PD PI F PD PI F PD CSAH 16 8 4 5 6 1 4 2 1 between 1 1 1 1 TH 169 Eastbound Bridge 1 1 2 1 1 between , TH 169 Westbound Bridge 1 between 13th Avenue between 2 1 1 2 1 — _-- Secretariat Drive 1 2 between 12th Avenue 2 2 2 1 5 1 0 1 15 8 1 0 9 7 1 1 1 8 4 1 0 2 TOTAL CRASHES 20 17 16 6 CRASH RATE 8.46 6.87 6.17 4.50 SEVERITY RATE 14.81 16.57 17.75 13.51 Project corridor= 0.5 miles PI = Personnel Injury Crash 1996 ADT= 10,950 PD= Property Damage Crash F=Fatality Crash Rate State Wide Average=3.6 per million vehicle miles Severity State Wide Average=6.9 per million vehicle miles -__.. 12/17/98 ao rn CD -CV- 5 5 v m a o m m ti o- 0 co z 0 m m 0 N N „ W 5 Um Q w Um �� Q 0 m Z 0 m m Q z ' W S U m Q U m C-0.'J d V m Z U m m Q 0 0 N 5 U CO Q 0 m Ea- .cc Q 0 c3 Z 0 m m 2 v m Q Q E- a U co < Z u_ u. ti 0 N > 5 U m Q g v v H Q 0 m Q Z LL u_ Q CO WCO LLI 2 U m Q ¢ ii v J N d U m Q Z u_ co J Q 0 Q 0 Z 5 U m Q g Q Q 0 co < Z u_ u. 0M CO W aa) Ce m HU) 0 o j Z � 5 0 m z z °° z TD 2 (e W z c a '~ w Cl) 3 Cl) v o CO W M o co LL > Z W m m Q Q COQ c N U Q z z z Ce O �N _ow OO 8 O LL 0' V s. y W V c -c 0 > CC .-. ' to C 1— p9 ^ c 3 0 W to O C c m 1� o_ C') J r a c a' c o c a0 ) r 0 Z Q Ca 9- U) 0) wc U ''/A� CO00 a) V! W Z W i to L J U II II C w Q> O> c C d N C N N CO CO W W = it p) -p w w tea) O 00 0 W = _ = co a) oas .- < c, ca cn a a0 Q = < a a a s a - m Li- Z < V) I ✓ 0 CO ? ct 'U v v � a a CO: > B.A.Mittelsteadt,P.E. - 350 Westwood Lake Office Bret A.Weiss,P.E. WSS 8441 Wayzata Boulevard Peter R.Willenbring,P.E. Minneapolis, MN554 MN 55426 Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 January 8, 1999 Mr. Bruce Loney City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: County Comments On Valley Green Corporate Center Proposal WSB Project No. 1063.21 Dear Bruce: We have reviewed the comments from Mr. Brian Sorenson of Scott County concerning the Valley Green Corporate Center Proposal and the CSAH 83/CSAH 16 improvements. Based on his comments, we offer the following clarifications: 1. Alternative Comparison Mr. Sorenson was correct in that we had not analyzed the intersection of CSAH 16 at CSAH 83 with proposed improvements as part of Alternative 1. This analysis has been completed with the following assumptions: • Dual left-turn lanes for north bound and south bound CSAH 83. • Right-turn lanes for north bound and south bound CSAH 83. • Two through-lanes in each direction for CSAH 83. • One left turn lane, two through-lanes and a right-turn lane for east-bound CSAH 16. • One left-turn lane,one through-lane,one combination through/right-turn lane, and one right-turn lane for west bound CSAH 16. The results of this analysis indicate that the intersection would be operating at Level of Service F in the A.M. peak hour and Level of Service E in the P.M.. peak hour in year 2002 and Level of Service F in the A.M. peak hour and P.M. peak in the year 2017. This would support the selection of Alternative 2 as the more favorable alternative with respect to traffic operations. Infrastructure Engineers Planners F:A W P W IN\1063.21\010899-bl.wnd Mr. Bruce Loney City of Shakopee County Comments On Valley Green Corporate Center Proposal January 8, 1999 Page 3 2. CSAH Realignment/17th Avenue Mr. Sorenson is correct that the Draft Shakopee Transportation Plan does show the future 17th Avenue from CSAH 69 to CSAH 83 as being considered for Scott County jurisdiction. Initial comments from the City on the draft indicated a reluctancy to have 17th Avenue as a county road. Their primary concern was that with the new school currently being built with access to 17th Avenue would not be in the best interest of the City for this roadway to be a County road. Even though, the City's position on this issue is to have 17th Avenue as a city street,it will still have a function of providing access from CSAH 18 to CSAH 69 (in the future). In the near term if the CSAH 16 realignment would be constructed, a 1,200 foot jog would occur for persons traveling on CSAH 16 to and from downtown Shakopee. Currently, based on the existing traffic volumes at the intersection of CSAH 83 and CSAH 16, only 25% to 30% of the traffic on CSAH 16 is continuing through on CSAH 16. This minor amount of traffic indirection would not cause operational problems on CSAR 83 or CSAH 16. A solution to this issue may be that CSAH 16 end at CSAH 83 rather than at CSAH 17. The City would then take over the position of CSAH 16. This is an item that needs further discussion with the City Council. 3. CSAH 83 Mn/DOT's comments from their August, 1998, memo have been addressed with respect to the addition of two auxiliary lanes and geometric improvements to the layout. This was a part of the presentation to the County on December 18. The drainage portion of their comments will be addressed in further detail once a alternative has been selected. And a detailed feasibility report is produced. The detail traffic analysis documenting the weaving characteristics and vehicle- stacking characteristics (queue length) of the roadway has been completed. This analysis indicates that the queue lengths with Alternative 2 are manageable with the proposed geometrics. The Alternative 1 queue lengths,however,at the CSAH 83 and CSAH 16 intersection would far exceed the lengths of the turn lanes. The weaving analysis indicates that for either Alternative 1 or Alternative 2, the levels of service and speeds would be acceptable(i.e.,LOS D or better)in the 2002 or 2017. Attached F:\W P W IN\1063.21\010899-bl.wpd Mr. Bruce Loney City of Shakopee County Comments On Valley Green Corporate Center Proposal January 8, 1999 Page 3 to this letter are copies of tables indicating the anticipated queue lengths and weaving analysis for this project. The intersection of Secretariat Drive and CSAH 83 was not part of this proposal. That intersection has been a separate issue with respect to it's closing. This issue needs to be discussed further with the City and Scott County. A study was provided to Scott County which addressed the safety and Operational Characteristics of leaving Secretariat Drive as a right-in/right-out access. The operational analysis concluded that the right-in/right-out access would operate satisfactorily. 4. General Comments It is our feeling that 100 percent of the cost should not be born by the developer or the City for this project. The current Scott County Transportation Plan indicates that a roadway should be four lanes, when the traffic volume reach 7,500 vehicles per day. This roadway is already to that point, without any additional development The noise level increases along the County road would be documented and addressed as a part of the Feasibility Study prepared for these projects. I hope that this information will help clarify the comments that Scott County has on this proposed roadway layout. If you have any questions,or require any additional information, please do not hesitate to contact me at 612-541-4800. Sincerely, WSB & Associates, Inc. L6/1-16 Charles Rickart, P.E. c: Michael Leek, City of Shakopee Bret Weiss, WSB & Associates, Inc. John Albinson, Valley Green Corporate Center. Ron Bray, WSB & Associates, Inc. cp/lv F:\WPWIN\1063.21\010899-bl.wpd N L Co N M N a CO CO N_ a -CCON Z- M CO N Z Y U) Y N- Uo ca — ca — O. M IZ o) co co aW Z Z 00.. w Z e Z Z 0 I� CO L (` o ° — = n- — • N0 C N N. 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U W a� U U u) r WEAVING ANALYSIS CSAH 83 TO EB TH 169 RAMP SHAKOPEE, MINNESOTA ALTERNATIVE 1 2002 2017 AM PEAK HOUR PM PEAK HOUR AM PEAK HOUR PM PEAK HOUR LOS I speed (mph) LOS I speed (mph) LOS I speed (mph)_ LOS speed (mph) WEAVING VEHICLES C 48 D 42 C 48 D 42 NONWEAVING VEHICLES C 53 D 44 C 53 D 43 ALTERNATIVE 2 2002 2017 AM PEAK HOUR PM PEAK HOUR AM PEAK HOUR PM PEAK HOUR LOS I speed (mph) LOS speed (mph) LOS I speed (mph) LOS speed (mph) WEAVING VEHICLES B 50 D 43 B 50 D 43 NONWEAVING VEHICLES B 55 D 44 B 55 D 44 f, 4 . , 4 to > • . 4 4 4 5 CD it )---k ,-- (") 0 P f, -- '-b-j t\.) z ci) " g Ei ...., > o . H > CD1 Z < C) CD '73 ' CD pz) oWo n 0 .,-i, ci) P e _p_ p.+ CD E n c.) '-t:1 ii o ''',;:,,i cf> cr,P'i r) z )-51 ,q P � 01 CD PADO 00 �'' wy � ....-i P E :::1Vn t.i o � CD o ,..ri m .ri.t t t N ,_,t �,..0 (i) 1-t ,..., p ot—l• 0 CD C4 -• • k 0 tik- 0›.1 • tre% Pm" • O1. EA ~ �� �'s UG ffq �. �--r � . <--r ›Imimi � O `C Uq i—t �—t UQ i•limi (--) P• 5 Zo—t � � W 00 ,� 1--t 1 � � � � Cf.9t 1 ?It_ r+ H CD C4 > CD CI) CD cil C) CI) > O . o 0 ci) ,-1.- EA 0 --i z CD 0 4 a" d �clk 0 n-i c� O UG P � � � CSD li CA CD CI) E P" CD � o � p • a ~ ' ' ' nn L v) v)K 4 v) > ›- > - •g (Dm P-i zz e.,- ca., ,_, -t e,., -_,• — 00 ( J o -- c-n-, . 0, u..) 0 0 0 ti o p) CD `Cc 00--" ---k -..„ t) ).-it H , (.4.) Pm) K., 0 C:1-',...i . ?:) ‘.*C e- r•- '.3 . O O '0-8 "' 5ke-P• go N ' v1 • d CD C4 1 Crq P P o y --i o P p' oft t: Itia P CLL CD ~ N0"-t"4 C4 W 49°C::) O O r:Li O � (' O O No CD I I N O O CD O O O O p 4 4 4 4 4 4 Nn......, 0 rt —k ei- O cA • et (14J ac'," CD P.1 0-A • > O 0—t GC? c"-c) n 0-71 d 0 nCD H 0 commi w c4 1.1 0 C 0 r� 0 t -t p ZF g pdnl--in -i0 Ci) alk 0 ci) 0 - Cli � • -th-h > (-+- 0 pp P7i Z . (- . c-+ p00 0-i • 5 C 4 k CD P kc n — (i-ca ....i I CA CPP e. N Cr C/1 -ND0 C V Z N I a o CA CD C) Cl) n o 0 eg (I) o CD C) 0 • 0 ,. .. H CA > 0-t • 0-0 0 SID 0 0 0 )-(-); CD 4 4 P., CD ci) • • . 6 . n ch) ' • • 0 .1 5 2 CD 5 rt Ci) li Crq d � CA h• •••+ W ► - Pv' No0 00 00 0 C) g o o ali o , �d - d pip I 1-t -k - t..) W v, I -P 0 cli 0 0 .-. Erz.• 5, o v1 oO c c 0 o v, O O -tc) 1 1 ci) o — -p n O O 1 CA CA W 0 CD �N o 4 k -' CD C) - o Z OOik . CD ,_, CD P 00Oli 5 –.I c� z ♦' r DAHLGREN SHARDLOW AND. UBAN INCORPORATED CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612.3393300 PHONE 612337.5601 FAX MEMORANDUM DATE: January 7, 1999 TO: Jon Albinson, Valley Green Business Park FROM: Phil Carlson, AICP, Dahlgren, Shardlow, and Uban, Inc. RE: Valley Green Corporate Center—Access Requirements Introduction In recent months we have discussed the access arrangements for Valley Green Corporate Center (VGCC) in the southeast quadrant of Highway 169 and County Road 83. As we have noted for many years in anticipating the development of this area, good access is essential. Access and visibility are the twin pillars of successful commercial and business park development. One without the other leaves a property in a weakened condition in the marketplace. The attached sketches illustrate the development potential of VGCC under two scenarios: • A realigned County Road 16 providing a new full movement intersection off of County Road 83 into VGCC along the west edge of the property, and • The existing access conditions,providing access off existing County Road 16 at the southeast corner of the property. Realigned County Road 16 With the potential realignment of CR 16 to connect with planned 17th Avenue at the southern edge of the property, a new full movement intersection off CR 83 can be developed just north of the old CR 16 intersection. This provides excellent immediate access from the Highway 169 interchange within about 1,000' of the freeway. Old CR 16 would be vacated within the VGCC property. Another full movement access to CR 16 at the southeast corner of the property could be developed, providing through movement and a choice of routes for employees, customers, and visitors of the businesses in the area(and, of course for emergency vehicles). With this access, VGCC can develop with a full range of commercial, office, business, corporate and office/warehouse uses. Jon Albinson VGCC Access January 7, 1999 2 Because the property would enjoy both immediate access to the freeway and a second access to CR 16,the area would be attractive to companies looking for good business and corporate locations, providing numerous jobs and a significant tax base. Existing Access If VGCC is faced with using the existing access conditions to the property, my opinion is that the outlook for successful full development of the area is severely diminished. Because full access would likely not be allowed by the County onto CR 83, and because the steep slopes on the existing CR 16 alignment force access to the far southeast corner of the property, the first opportunity for full access into VGCC would be at that southeast corner, about 3,000' from the freeway, after two left turns. This kind of circuitous access simply does not compare favorably with the kind of commercial and business environment that companies are looking for in locating in the Metropolitan Area. Even more distressing is the fact that this southeast location would be the only access point serving 300 acres of property that averages about 2,500' in depth. One road cannot adequately serve this amount of land, and the limitation on the length of a dead-end cul-de-sac means that only about one third of the useable land could be accessed, even with large deep lots. The attached illustration shows that with a 1,000-foot-long cul-de-sac, only a portion of the property could be served. Given the poor access conditions,the uses that would likely develop here would be warehouse or bulk distribution facilities, uses that do not need the ready access and visibility of higher employment and higher tax base uses. But I believe the market for this kind of uses is severely limited in this Metropolitan Area, and it is questionable if several such businesses could be found to make use of the property as illustrated. If warehouse uses could not be developed,the next use that might be considered would be residential at a medium density range. But again,with one dead-end access, it would not be reasonable to develop 1,000 to 2,000 units of housing in this area. The traffic and emergency access conditions would be difficult to overcome. (Of course, on the other side of Dean's Lake the Southbridge residential project is developing with one access road. But that road is designed as an extra wide collector, and is a temporary situation until future CR 21 is extended. No future outlet is possible for VGCC. Also, only 850 units are being developed there.) Conclusion Good access and visibility are essential to the success of the Valley Green Corporate Center business park. Valley Green and the City of Shakopee have waited for years to see this area be in a position to provide significant employment and tax base. The only way to assure that, in my opinion, is to provide a full movement intersection to VGCC off of CR 83. And it appears that the only reasonable way to do that is to realign CR 16 with future 17th Avenue. Anything less will leave much of this land difficult to use and develop, which would be a disappointment considering the significant investment in the Highway 169 Bypass. By taking this opportunity and making the crucial decisions now,the City and Valley Green can help insure the continued successful development of the Shakopee business community along Highway 169. C:\WINNT\Profiles\jon\Desktop\JACR 16A.MEM 01/07/9913:19 FAX 6121 337 5601 I r DSU, INC. { U1003 el j 11:1 i 1 Ih ''' / I ‘. 's 1 i.,,, t dcsiti J0 : / a. 4 • L - 6 1: r, : r— t , ,.t 1 I Lir. i . - ' 5.,.., ltA ? ,, f s ,1 ' 0 r . \''.-----" -. 4 ' ID \-- l'.61 PO . - - *1 -74; A;?... k UL.J.. iluil p -11.1 ' t r . ..)....,-- -- . \... .... 71 V- i �d -.. -. 11. \ Nil PI 113 , .,c ,(..i L: \ HI brit) i s .. /- ::\ l'1 :1).Q. ', 4;) . i CI $4- 1 '1/41 : . a : Mr" \,\ : 5 1L3 \ 4---- _rj. ...: ,., ......0 4 i 1 \Ir " Milli t �� [1 mi f . 11 \ 1. . . , :i 4-;-. -1 -1' . - -,.. ., ., 7 1 a ' u I , fltrik.'fb: ° • .. _, „ i i -11 CS 11 cr.,„, I , 1 , „/,,,, f � \ 1 :/t, 3 i tit =_.I —7-2— 12L 1 •z r Ill. 01/07/99 13:20 FAX 612 337 5601 DSU, INC. Q004 U t )) I 1 I 1% .\ 1 ,., 4 1 ,f..../-->1' ,1/47--' R H n 1 1 41-7"-- ; 'I jell' I, lai i ---: 'r cV ItIls:a 1 # ( °' : n ' . t ?!ir 4, 4 1 i LA ,,..) .(ZI-#. ! . 0 0 : \ _v_ . • I -a i le ---L-- 1 41 --tilIZ:1 . I, . i C:2 -:. !. I ' \ t° f ! Ir \ jj� El Q// ; J 1 \ t/ _l , f i 4 ii ill' i %,,s4__-?<1,- %.‘,... 1 \ il rit „ .. s t 0/.4 �, Z__ --_______ yr ;q a. It V •j tA.,_.. - • - -- :1j ) i //d g N' Ms , CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Proposed Re-alignment of C.R. 16 MEETING DATE: January 11, 1999 (Workshop Session) INTRODUCTION: Public Works Director Bruce Loney has prepared a detailed memorandum regarding the engineering aspects of the proposed realignment. The intent of this document is to provide an overview of the land use planning issues surrounding the proposal. DISCUSSION: The current Comprehensive Plan guides the portion of the proposed Valley Green Corporate Center(Corporate Center)immediately adjacent to C.R. 83 for"commercial"uses, and the majority of the Corporate Center site for"light industrial"uses. The Corporate Center site is a high-visibility, high-amenity site. By that is meant that it can be viewed directly from STH 169, and that it is adjacent to Dean Lake on land that has significant views and natural vegetation. The City Council previously has directed staff to seek approval by the Metropolitan Council of a plan amendment which would guide the property for business park use and include it in MUSA. The present configuration of C.R. 16 and 83 limits the opportunity for access to the site, and as a result diminishes the likelihood that the property would reach its full development potential as a business park site. The proposed realignment, by improving the access to the site,would increase the potential of the site. 0 R. Michael Leek Community Development Director R Michael Leek Page 1 01/08/99CR16.doc CITY OF SHAKOPEE t) , tJ• Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Release of Letter of Credit - Pheasant Run 1st Addition DATE: January 7, 1999 INTRODUCTION: City Council is asked to authorize the release of the letter of credit for the public utilities for Pheasant Run 1st Addition. BACKGROUND: The City has received a request to release the letter of credit, on file with the City, to insure completion of public utilities contained in the developer's agreement for Pheasant Run 1st Addition. The developer's agreement allows for the reduction or release of the letter of credit by the City upon completion or partial completion of the work, acceptance by the City Engineer and receipt of a one year maintenance bond. The utilities for this subdivision have been installed and have been approved by the City Engineer. The developer has submitted the required one year maintenance bond for the utilities and the Assistant City Engineer has advised that the letter of credit may be released. The City will continue to hold a performance and payment bond to insure completion of the street construction. RECOMMENDED ACTION: Authorize the release of the letter of credit for public utilities in Pheasant Run 1st Addition in the amount of $651,298.75. Ci 4k 423( is\clerk\judy\loc-rel.prl