Discussion:
The developer, D.R. Horton, Inc., for the Windermere Development has requested consideration by the city for authorization to submit building permit applications as part of the development in advance of fully completing certain requirements per the Developer's Agreement.
In accordance with the Developer's Agreement dated August 15, 2017, between the City of Shakopee and D.R. Horton, Inc., a model building permit may be issued in advance of full project completion, but other building permits must have certain additional project components completed as follows:
- Final plat recorded
- Site grading completed and accepted by the city
- Record as-built grading and erosion and sediment control plans and drawings approved by the city
- Street and utility improvements are substantially complete
- Operations record plan approved by city and SPUC
- Trails and sidewalks installed
Additionally per the Developer's Agreement, no permanent certificate of occupancy would be issued until all of the required street and utility improvements are completed and approved by the City Engineer, or until the Developer's Agreement is replaced with a letter of understanding and a letter of credit.
Currently, the project is substantially complete, and we are working with the contractor to verify that all of the aforementioned items are fully complete. It should be noted that installation of the sidewalk/trails were not completed this year. However, D.R. Horton's schedule is to install the sidewalks and trails as early as practical in the spring of 2018, weather permitting.
A model home permit has been issued and the foundation has been dug. D.R. Horton also desires to proceed with additional building permit submittals as indicated in the attached letter dated December 8, 2017, with the understanding that the sidewalk and trail construction must be completed as indicated above. Upon complete evaluation and acceptance of the aforementioned requirements, city staff members are prepared to proceed with building permit review and issuance.