Recommend that the City Council approve the proposed comprehensive plan amendment, rezoning, preliminary / final plat of Countryside 2nd Addition.

Recommend approval as presented.

Site Information:

Owner: Roger and Susan Sames

Zoning: Agricultural Preservation

Comp. Plan: No official guiding in City of Shakopee Comp. Plan at this time

Acreage: 10 acres

Proposed Zoning: Urban Residential, R1B

Proposed Land Use: Single-Family Residential

Proposed Number of Lots: 31

Randy Kubes, representing Roger and Susan Sames, property owners, has applied for multiple applications to allow for the development of a 10-acre site into 31 single-family residential lots to sell to multiple builders. Outside of the applicant's setback variance request, all of the applications are required to develop this property. The City Council approved the annexation of this property on December 19, 2017.

Rezoning Discussion:

Property that is annexed into the city enters the city in the Agricultural Preservation (AG) Zoning District. In order to be subdivided for development, this property must be re-zoned. The applicant is proposing to rezone the property to Urban Residential (R1B) to allow for the construction of single-family homes. The adjacent developments of Countryside and Windermere are both zoned R1B for the single-family lots. The minimum lot size of lots in the R1B zone is 60' x 100'. The applicant is proposing lots above the minimum size, with the typical lot size being roughly 67' x 133' for most lots; the shallowest depth lots are on the cul-de-sac and the lots in Block 1, which the applicant has applied for a front yard setback variance of 5'. The applicant has proposed side-yard setbacks of 7.5', which match the side yard setbacks of Windermere and Ridge Creek.

Comprehensive Plan Amendment Discussion:

When a property is annexed into the city, the Planning Commission and City Council must establish a guiding for the property in the comprehensive plan. This area is anticipated to be developed as single-family residential development by the 2030 comprehensive plan, however since it was not within the City limits, or part of a staging plan at the time of adopting plan, a specific guiding was not approved. The applicant's proposal matches the surrounding land uses on the south side of 17th Avenue and current drafts of the 2040 comprehensive plan.

Plat Discussion:

The proposed plat would create 31 lots for single-family homes. This plat's street connections are two existing north-south streets in Countryside (Pinia and Lusitano Streets) and the applicant proposes a new east-west street with a cul-de-sac adjacent to Marystown Road (Cubasue Avenue / Court). The applicant is proposing sidewalk on one side of the streets and a trail along Marystown Road, which complies with city design criteria. Since there is not trails along Marystown Road south of 17th Avenue currently, staff is recommending the applicant provide a contractor's bid for the Engineering Department's review for the trail work and provide a cash escrow for the installation of the trail at a later date.

The applicant proposes to extend Pinia Street and Lusitano Street to the south lot lines to serve the adjacent property to the south when it develops. The applicant is proposing to keep the existing house on Lot 10, Block 3. In order to keep the existing house and maintain reasonable setbacks for the surrounding lots adjacent to the cul-de-sac, a variance is required. The applicant submitted concepts to staff proposing Cubasue Avenue turning 90-degrees west of the existing house and extending to the southern property line. This concept created double frontage lots on Marystown Road, which is undesirable. After significant discussion, staff recommended that the applicant propose a cul-de-sac if the existing house remains in the current location.

Engineering Discussion:

The stormwater run-off for this site is handled partly by the existing storm sewer system of the Countryside development, and a proposed infiltration basin adjacent to Lusitano Street. The Engineering Department has commented that the infiltration basin needs to be enlarged to reduce the water depth from 3' to 18" or less to allow for the establishment of vegetation in the basin area. The applicant's engineer is currently working with the engineering department to re-design the basin and combine the basin with the residential lot to the west. Staff recommends that the applicant comply with the attached memorandums from the Engineering Department and Shakopee Public Utilities.

Considerations:  

The City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exists:

    1. The original zoning ordinance is in error.

• The zoning of all property annexed into the city is Agricultural Preservation. In order to be subdivided and developed, the property must be rezoned, as the minimum lot size in the Agricultural Preservation zone is 40 acres.

    2. Significant changes in goals in community goals and policies have taken place.

• Significant changes have not taken place. This property has recently been annexed into the city to allow for development. The property must be placed in a guiding classification. The adjacent areas are all zoned and guided for single-family residential development.

    3. Significant changes in city-wide or neighborhood development patterns have occurred.

• The western area of the city is developing in accordance with the West Shakopee Land Use Study and the Comprehensive Plan. The zoning of properties must be adjusted to comply with the plans.

    4.The comprehensive plan requires another provision.

• This property is not officially included in the existing comprehensive plan because it was outside the city limits when the plan was adopted. At the time of adoption of the plan there was not a staging plan for annexation of land. 

Draft conditions of approval:

Conditions to be met prior to issuance of a grading permit, approval of a street and utility plan, or building permit:

1. Both a landscape plan and woodland management plan must be provided that complies with City Code requirements. The applicant is responsible for providing tree replacement on the site in accordance with City Code and fee schedule for woodland management escrows.
2. The applicant must have final approval of the subdivision's stormwater management plan.
3. The applicant will grade the entire site, as proposed on the approved plans, in one phase, within one year from the date of approval of the grading permit application. Grading is defined as bringing the site to the proposed finished grade with materials deemed acceptable by the City of Shakopee Engineering Department, providing topsoil per city requirements and applying seed, mulch, and or sod per city requirements and providing an As-Built record grading plan per Section 2.5 of the City of Shakopee Design Criteria.
4. The applicant must submit detailed pavement design calculations.
5. The intersection and pedestrian ramp details must meet ADA standards.
6. The applicant must submit a private utility plan showing a joint trench for private utilities.
7. The applicant must provide the city a copy of the NPDES coverage card and letter.
8. The applicant must provide the city with a copy of the grading easement allowing grading on the adjacent property to the south.
9. The contractor must submit a Construction Management Plan to the City of Shakopee. A template may be obtained from the Public Works / Engineering Department.
10. Record plans must be provided per the City of Shakopee Design Criteria, Section 2.5 and Section 11.2 (A-L). The record plans must be provided to the Engineering / Public Works Department.
11. The applicant must comply with all conditions of the attached stormwater review memorandum dated March 26, 2018.
12. The applicant must comply with the attached memorandum from Shakopee Public Utilities dated February 21, 2018.
13. The maximum driveway width for the existing house on Lot 10, Block 3 must be reduced to no more than 25' in the right-of-way.

Conditions to be met prior to recording of the final plat:

1. Approval of the title by the city attorney.
2. Execution of a Developer's Agreement, including provisions for security and public improvements within the subdivision, payment of the street and utility fee, and watermain fee.
3. Payment of the following fees: trunk stormwater fee, trunk sanitary sewer fee, sign installation fee, bituminous sealcoat fee, stormwater management plan review fees.
4. The applicant must submit a detailed contractor's bid for all public improvements associated with the subdivision.
5. The applicant will submit a detailed lot area drawing showing the total plat area, total drainage and utility easement area encompassing high water levels of wetlands and stormwater basins, the total right-of-way, total area of conservation easements, and the total area of bituminous street, and area of each lot.
6. Outlot A must be eliminated and combined with the adjacent lot, or reconfigure the pond to be spread across multiple properties.
7. Easements must be shown on the final plat as approved by the City Engineer. They include but are not limited to:
   • Drainage and utility easement to encompass the 100-year high water level of the infiltration basin.
   • If ponding is proposed on the adjacent property to the south, a drainage and utility easement will be required over the 100-year high water level.
   • Provide all other easements required per City of Shakopee Design Criteria
8. Provide electronic files (AutoCAD and PDF) of the final plat to be recorded with datum on the Scott County Coordinate System.
9. Lot lines of corner lots must be adjusted to have 15' x 15' sight triangles at street intersections.
10. Scott County Administrator must be removed from the signature block on the final plat drawing and a signature line provided for the city attorney.
11. The spelling of Pinia Street must be revised on the final plat drawing.
12. On the final plat drawing Cubasue Court must be used for the western block of street with the cul-de-sac. The section of street adjacent to Blocks 2 and 4 must be named Cubasue Avenue.
13. The City Council must adopt a resolution authorizing the submission of comprehensive plan amendment and the Met Council must approve the proposed comprehensive plan amendment.
14. The applicant must provide a contractor's bid of an acceptable amount to the Engineering Department for trail construction along Marystown Road. The applicant must provide an escrow for trail construction along Marystown Road adjacent to this site based on the bid amount.
15. The applicant must pay park dedication fees in the amount required in the city fee schedule at the time of recording of the plat.