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Home My WebLink About4.A.1. Preliminary Plat of Menden's addition and variance to grade within Wetland buffer 111111111111 Consent Business 4.A. 1. SHAKOPEE TO: Mayor and City Council FROM: Alex Sharpe, Planner DATE: 12/15/2015 SUBJECT: Preliminary Plat of Menden's Addition and Variance to Grade within a Wetland Buffer (B) Action Sought Approve Resolution 7655 approving the Preliminary Plat for Menden's Addition and a Variance to Grade within a Wetland Buffer at 2544 Fairhaven Drive. Background Applicant has applied for a Preliminary Plat of Menden's Addition proposing lots for 12 single family homes along an extension of Fairhaven Drive. On Oct 20th, the City Council rezoned the property from Rural Residential (RR) to Low Density Residential (R1-A). A new preliminary plat is required because of an increased number of lots compared to the original plat. A variance to the Engineering Design Criteria is also proposed to allow grading to occur within a wetland buffer. The property is located south of Fairhaven Drive, west of Marschall Road, north of Wood Duck Trail, and east of Stonebrooke Golf Course. It is approximately 9.6 acres in size and is presently used as a Rural Residential single family lot for the applicant's home which is proposed to be retained. Site constraints include several wetlands, which limit site development due to required setbacks, and a 200 foot wide Northern States Power Company easement running along the southern line of the property. A tree inventory has been completed and found that the site has large stands of mature trees. Analysis Staff has reviewed several iterations of this plat with the applicant and a final alignment is not yet determined. A final layout of lots may vary in the final plat as there are wetland buffer, setback conflicts with lots 3 and 4 Block 1. Conditions have been included in the resolution which address these conflicts. The development requires a stormwater retention pond to serve the roadways and runoff from the building pads. Two locations for the pond were evaluated by the developer. The preferred location is shown on the site plan to the rear of the homes on lots 7, and 8 Block 2. This location requires a variance to perform site grading within the wetland setback buffer. The alternate location is to the rear of the building pads on lot 6 Block 2. This location is not preferred due to the heavy wood cover including many tress meeting the standard of a high priority tree under city ordinance which would require replacement if removed. Natural Resources, Engineering, and Planning staff have reviewed both locations and recommend the variance be granted to retain the high priority trees. Memos from Natural Resources and Engineering are attached to this report for reference. Lots 1,2,3, 4 and 5, Block 2, abut the Northern States Power Company high-tension-wire easement requiring an approximate 35-40 feet restriction on accessory structures in the rear yard of the property. Staff has also placed a condition in the resolution that at the time of a final plat the developer shall include house footprint designs which allow space for a deck. The current building pads are oversized and likely include ample space for a home and future deck structure. Lot 4, Block 1, includes a front yard on Fairhaven Drive. City Code states that the front yard is the side with the shortest frontage on a public roadway. Accordingly, staff has included a condition that the final plat display the front yard of Lot 4 along Jennifer lane. Planning Commission Recommendation On December 3, the Planning Commission unanimously recommended that the Preliminary Plat for Menden's Addition be approved with conditions. An additional condition suggested by staff was that the Final Plat demonstrate that lots 1-5, block 2 can include a 12'x14' deck without infringing on the power line easement to the south. This condition has been included in Resolution 7655 for City Council review. Attachments: Site Map/Aerial Applicant Narrative Site Plan and Variance Exhibit Staff Reports Resolution 7655 Approval : ' rr�r 'n; . aR, .n y e•. ,s,,4- rrr >rr Y Pt Y, w M_ II S: .. * $ n ..se{:.µ..t U s F>we. X12 ¢j -� 4.,_,,,,,,,,,,,,,;iiii.O4'rn . ' ' . '...r .--,,, '.+ ,- .., 1, ' . .• .., .,......„,„1 „..., . , . , ..: . - .'. vi,,,,' ::'''. , „..... .. ..„# . 5 -.--.,,, , .- ...„...... ... ....,.„:„... *,,,i ,-7---------- , 4.4t 1 41,, _ ,_ ,. ,,.1. - f.IL,,...,._.,--t, .1-' ..'..-..;,-, ,,,': . ' - ;vv.!' -.. 1 ..i.,,%'''...'7:''71, - , 4/ li"'' 4 i - " '''-' ' :;:!. : ''''' .,'i,i'- .... '-. ,,-- ,--li„-.....,t, :114..-:''',.....t-;' -ti.' --_, it --....--t: - .. '::t:1,1#'4,...* .. T� i t4 . yy,, $� T"i%�� 5y{j g y a N. 1. 1 I �^AA 'R�t, � r I irtir . , £ a � „ } 1 , , , . , .. . : ,,,o, ' 7'11.2 :4 s sl ,....,...,,,,......... __. ,. ,.41,4., ..„, ,,,.7.„.„ , , .. ... . .. . . ,. , , , , k-2,-..t-th.,-. - . . 1 '''': '.::+7.:,"::-.,„.:',..:.t., , r f " x b 1 , 6 P r F A w N c 1--1 Ch p 4, g t m a , . , , cf, , g C Stonebrooke October 2015 Engineering Responsible Solutions" 8, a 12279 Nicollet Avenue Burnsville,MN 55337 o 952.402.9202 f 952.403.6803 w stonebrookeengineering.com City of Shakopee 129 Holmes St.S. Shakopee, MN 55379 Re: Menden's Addition Narrative To Whom it may concern: Menden's Addition is a proposed twelve lot subdivision located in Stonebrooke Subdivision and abutting the northeasterly corner of Stonebrooke Golf Course in Shakopee. The property is currently owned by Francis (Fritz)and Bonnie Menden and Fritz is also the developer. Fritz and Bonnie currently have their homestead on a portion of the property and are proposing to keep their homestead as one of the lots and subdividing the remainder of the property into 11 additional lots.Access to the properties would come from Fairhaven Drive on the North and Jennifer Lane on the East(which is currently being constructed). Fairhaven Drive from then north is proposed to be extended through the property and intersection with Jennifer Lane on the East. A pond will need to be constructed on the property to meet current drainage requirements.The best area for the pond on the site is near the wetland located at the northwest corner of the site.The other area suitable for the pond on site is behind the current homestead but would require the removal of up to 200 additional trees which we would like to avoid.To fit the pond near the wetland at the northwest corner of the site a variance will be required to allow grading within the 25 foot wetland buffer.We are proposing to grade up to 15 feet into a portion of the wetland buffer leaving the closest 10 feet untouched. Further information on the grading, lot sizes, soils, drainage, and engineering can be found in the engineering plans and documents accompanying this submittal. We look forward to working with the city of Shakopee on this project. Sincerely, a‘ 147/- Aaron J. Mages, L.S. S:\PROJECTS\SURVEY\0321_Menden\S-00313 (Stonebrooke AdditionPlat)\corres\City of Shakopee\sent\2015-10- 1 08 (Preliminary Plat Submittal)\Preliminary Plat&Variance Narrative.docx - Stonebrooke Engineering Responsible Solutions" MEMORANDUM To: Alex Sharpe From: Tyler Newhall/Arash Moin Date: October 15,2015 Re: Variance Request for Menden's Addition The City of Shakopee has requested a separate document to summarize a variance requested on the Menden's Addition preliminary plat submittal, dated October 15,2015. During the concept development of the lot layouts,our team evaluated various options for locating the stormwater retention pond on the Menden site. Due to the required size of the pond,the elevations of the grade surrounding the pond and pipe that would be discharging into it,and the location that the proposed road through the site needs to be at to connect to the existing roadways, two locations were considered as possible locations for the pond. The preferred pond location that has been included in the preliminary plat submittal documents is also shown on the variance exhibit that was attached to the preliminary plat submittal. The pond is located in the NW corner of the Menden site. The current design of the pond requires an impact to the adjacent wetland buffer of .0236 acres to complete the necessary grading work for the pond. The area of impact and applicable dimensions are shown on the variance exhibit. The alternate pond location is in the SW corner of the Menden site,near the back of Lot 6. While this location does have more area for a pond overall,it is heavily wooded. Our team went through the process of designing a pond to fit this location,and optimized the location of the pond to minimize tree impacts. Even with working to minimize tree impacts,the pond still would remove approximately 200 more trees from the site. In reviewing the overall impacts on the site,we are proposing the.0236 acre impact to the existing wetland buffer in lieu of removal of approximately 200 trees from the SW corner of the property. A secondary benefit of the pond location being in the proposed location is that we are able to route more storm water runoff through the pond. By moving the pond as far to the NW corner of the site as possible,we are able to maximize the amount of runoff from the roadway that is routed through the pond. If the pond were located in the SW corner of the site, at a much higher elevation, it would be very difficult to route storm water from the north end of Fairhaven Drive(at a lower elevation)to a pond in the SW corner of the site(at a higher elevation). As a result,by placing the pond in it's current location we are able to maximize the amount of storm water that is treated through the pond. As a result of the above information,we are formally requesting a variance from the City of Shakopee Ordinance,Section 16.12,Subd.3, Part B,that requires the first 25 feet of the wetland buffer to not be disturbed during project construction. S:\PROJECTS\SURVEY\0321_Menden\S-00313(Stonebrooke AdditionPlat)\Admin\Mendens Addition Variance Request- 2015-10-15.rioex a 12279 Nicollet Avenue Burnsville,MN 55337 0 952-402-9202 w stonebrookeengineering.corn f 952.403.6503 I - 7`: A." - --.." *." -...' I,5 a1 . •• -„.• J. r); -'...1.: .•.,:. :IN ;.: I ORM=Old ..----.- le ,4 : 41 MKTIV-7021111-6.11•91.35 Ap , It. —-- r---------rx. _90•09C 3.+1,9ZOOS ___- A• m —_-: .e. ____,___ 1 ,'' . .2 I ..., 4--- if:,..!:,, '-,=••=., ''?,:. 4,Altri eiadir.,,, '.., .,.11.. 1. 13 ---- - _ \— _ 1 i:- 1 ,I 1 . > ,'" tg.tF- - -- . 114 tr. -.nor' .c]... 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'Rf W IQ k7, Lim_j gU1L01NG N W o N PAD 93 / •,3: m U E 5,<-p a 1 U' z „9 fes--.- 1 a V Z w ti � �� 1 V t F 0 g a N 95 � \\:\, w J S 522 o ___--,....._______._ -------r':"----------.__/:------ ' �� co r ,___ ////� �� 111 �{ 133 Y „ , , os, i ry, , i I PRO / / i��f 5 �j 5`/' Q J ry1 I1\ 1 6 �' a 1 `\ T7- .16___./ 6- 2/5• /� B Zy_ ii i N 9 Lt Va 4 I E V Qao RE 2,. 8 City of Shakopee Memorandum TO: Alex Sharpe, Planner FROM: Jacob Busiahn, Natural Resources Technician SUBJECT: Preliminary Plat— Menden Addition Variance to grade within 25' of a wetland buffer CASE#: 15070 15071 SUBLEDGER#: 115070 DATE: November 18, 2015 The staff review indicates a request to review a Preliminary Plat application and Variance to grade within 25' of a wetland buffer for the Menden Addition, a single-family residential subdivision located west of Jennifer Lane on Fairhaven Drive. The request to impact the 25' wetland buffer on this site will allow for the preservation of a significant amount of natural woodland south of said wetland. Based on inspection of the site, the wetland proposed to be impacted is of low quality.The woodlands which would be preserved are of higher quality - composed of sugar maple, white oak, bitternut hickory, and basswood. Staff believes allowing an impact to this wetland overall protects a higher amount of natural resources than not allowing it. This review should be considered preliminary, as more comments will follow with additional submittals. However, the natural resources division offers the following comments at this time to the applicant and to the planning department: General Conditions The following items need to be addressed/completed prior to approval of a grading permit: 1. Provide a tree preservation plan which meets the requirements in the Tree Preservation Regulations (151.113) 2. Before grading may begin, tree protection fencing must be installed and inspected by City Staff. 1 oft 3. It is a requirement that a buffer of native plants be established around the storm water basin. A contractor specializing in restoration of native plant communities must be hired to seed and maintain this area for two full growing seasons after the initial seeding. Prior to issuing a grading permit, a financial security will be collected to ensure completion of the grading, erosion control and turf establishment as represented in the approved plans. A portion of this security will be held for a minimum of two full growing seasons to ensure establishment of the native plants surrounding the storm water basin. In order for this portion of the security to be released, 75% dominance of native vegetation must be achieved, as approved by the City Engineer or their assign. 4. The following seed mixes are to be used within the stormwater basin (or a similar mix providing the same benefits/diversity, accepted by the City): Aquatic bench: MN State Seed Mix 34-181 Emergent Wetland Between normal and high water line: MN State Seed Mix 33-262 Dry Swale/Pond Above high water line: MN State Seed Mix 35-641 Mesic Prairie Southeast 5. A seeding/maintenance plan is required to be provided and approved by the City Engineer before seeding of the stormwater basin begins. Recommendation Natural Resources staff recommends approval of the Preliminary Plat and Variance application subject to the conditions above being addressed/completed by the applicant. 2 oft City of Shakopee Memorandum TO: Alex Sharpe, Planner FROM: Joe Swentek, Project Engineer SUBJECT: Preliminary Plat— Menden's Addition Variance to Grade in Wetland Buffer— Menden's Addition CASE#: 15070 (Preliminary Plat) 15071 (Variance) SUBLEDGER#: 115070 (Preliminary Plat) 115071 (Variance) DATE: November 19, 2015 The staff reviews indicate requests to review a Preliminary Plat application and a variance request to grade within the minimum twenty-five (25) feet of required wetland buffer adjacent to Wetland #2 for the Menden's Addition, a single-family (R1-A) residential subdivision located at the terminus of Fairhaven Drive. The variance request helps accommodate placement of the site's storm water basin, which is proposed in the most practical area, while preserving several high quality trees. The allowance of grading in a portion of the required wetland buffer adjacent to Wetland #2, as represented in the variance exhibit, allows the storm water basin to be situated further to the north, away from a densely treed area. Engineering feels this approach is a good balance of preserving high quality trees while still protecting the wetland's functions and values. This review should be considered preliminary, as more comments will follow with additional submittals. However, the engineering department offers the following comments at this time to the applicant and to the planning department: General Conditions The following items need to be completed prior to release of the Final Plat for recording: 1. Execution of a Developer's Agreement, which needs to include provisions for security for public improvements associated with the subdivision and payment of the Street and Utility Fee and the Watermain Fee. H:\BOAA-PC\2015\12-03\15-070&15-071 Menden Plat and Variance\PP_Variance Review(Menden's 1st)111915.docx 1 of 4 2. Payment of all Storm Water Management Plan Review Fees need to be made, as required by the most current City of Shakopee Fee Schedule. 3. Payment of the Lateral Sanitary Sewer Connection Charge for the Jennifer Lane Sanitary Sewer Extension Project (per Ordinance No. 913) needs to be made, as required by the most current City of Shakopee Fee Schedule. 4. Payment of the Trunk Storm Water Charge needs to be made, as required by the most current City of Shakopee Fee Schedule. 5. Payment of the Sign Installation Fee needs to be made, as required by the most current City of Shakopee Fee Schedule. 6. Payment of the Bituminous Sealcoat Fee needs to be made, as required by the most current City of Shakopee Fee Schedule. 7. The applicant will submit an amended wetland delineation report providing wetland management classes of each wetland, as defined by the Minnesota Routine Assessment Method (MNRAM). The required buffer width will be determined using this information. 8. The applicant will revise Lots 1, 3 and 4 of Block 1 to accommodate structure setback requirements to wetland buffers as set forth in Section 54.33 of the City of Shakopee Code of Ordinances and structure setback requirements to wetland high water levels as set forth in Section 10, Subdivision 5 of the City of Shakopee Design Criteria. 9. The subdivision's storm water management plan involves the installation of public storm sewer on adjacent properties and the routing of runoff through these properties. The applicant will obtain and record adequate permanent drainage and utility easements in favor of the City of Shakopee. 10. The applicant will submit a detailed contractor's bid for all public improvements associated with this subdivision. The following items need to be completed prior to approval of a grading permit and/or street and utility plan: 1. The applicant agrees to grade the entire site, as proposed on the approved plans, in one phase within one (1) 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 H:\BOAR-PC\2015\12-03\15-070&15-071 Menden Plat and Variance\PP_Variance Review(Menden's 1st)111915.docx 2 of 4 providing an as-built record grading plan per Section 2, Subdivision 5 of the City of Shakopee Design Criteria. 2. The applicant will revise the low floor elevations of Lots 2-5 of Block 2 to meet the requirements set forth in Section 54.15, Subdivision (C)(15)(b) of the City of Shakopee Code of Ordinances. 3. The applicant will revise the driveway slopes of Lots 1-5, 7 and 8 of Block 2 to meet the requirements set forth in Section 2,Subdivision 2C of the City of Shakopee Design Criteria. 4. The applicant will provide adequate slopes in the area designated by the City Engineer as the storm water basin maintenance access point. 5. The applicant will provide reinforced turf (Geogrid or similar product) in the area designated as the maintenance access point. 6. Class IV fieldstone riprap and geotextile fabric will be placed at each flared end section. The riprap and fabric will be installed to the bottom of the storm water basin. 7. The applicant will provide a street and utility plan in accordance with Section 11 of the City of Shakopee Design Criteria. 8. The applicant will install sod the full width of all rear yard drainage and utility easements containing storm sewer. 9. The applicant will provide a landscaping plan in compliance with the most recent version of the City of Shakopee's Easement Fencing and Landscaping Policy. 10. The applicant will seed the storm water basin area with a native vegetation. The seed mixture, application and maintenance requirements will be determined by the City Engineer or their assign. The following items need to be completed prior to issuance of a building permit: 1. Record plans need to be provided per the City of Shakopee Design Criteria, Section 2, Subdivision 5 and Section 11, Subdivision 2 (A-L). The record plans need to be submitted to the engineering department. 2. The applicant will install wetland buffer markers/signs in compliance with Section 54.32, Subdivision (C) of the City of Shakopee Code of Ordinances. H:\BOAA-PC\2015\12-03\15-070&15-071 Menden Plat and Variance\PP_Variance Review(Menden's 1st)111915.docx 3 of 4 Final Plat Conditions The following items need to be completed prior to release of the Final Plat for recording: 1. Right-of-way in the form of sight triangles fifteen (15) feet in dimension will be provided at the intersection of Fairhaven Drive and Jennifer Lane. 2. Easements will be shown on the Final Plat as approved by the City Engineer. They include, but are not be limited to, the following: • Minimum drainage and utility easements for public sanitary sewer and storm sewer need to be dedicated per the City of Shakopee Design Criteria,Section 10,Subdivision 1 (A-D). The easements need to be centered on the public utility alignments. • Provide a minimum of forty-four (44) feet of drainage and utility easement centered on the proposed storm sewer between Lots 3 and 4 of Block 1. • Provide a minimum of thirty-eight (38)feet of drainage and utility easement centered on the proposed storm sewer between Lots 1 and 2 of Block 2. • Provide a minimum of thirty-four (34) feet of drainage and utility easement centered on the proposed storm sewer between Lots 7 and 8 of Block 2. • The applicant will provide adequate drainage and utility easements to encompass the approved high water level of the storm water basin. • Each wetland and its corresponding buffer will be placed in a conservation easement in compliance with Section 54.32, Subdivision (C) of the City of Shakopee Code of Ordinances. 3. Provide electronic files (AutoCAD and Portable Document Format— PDF) of the Final Plat to be recorded with datum on the Scott County coordinate system. Storm Water Management Plan Review The applicant submitted a storm water management plan that was reviewed by engineering staff and WSB & Associates, Inc. The applicant will obtain approval of the storm water management plan prior to approval of a grading permit and the street and utility plans. Recommendation Engineering staff recommends approval of the Preliminary Plat application and the variance request to grade within the twenty-five (25)feet of required wetland buffer adjacent to Wetland #2, as represented in the variance exhibit, subject to the conditions above being completed by the applicant. H:\BOAA-PC\2015\12-03\15-070&15-071 Menden Plat and Variance\PP_Variance Review(Menden's 1st)111915.docx 4 of 4 RESOLUTION NO. 7655 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE PRELIMINARY PLAT OF DAKOTA CROSSINGS WHEREAS,Fritz and Bonnie Menden,applicant and property owners,have made application for preliminary plat approval of Menden Addition;and WHEREAS,the subject property is legally described as: , Scott County,Minnesota;and WHEREAS, on December 3,2015,the Planning Commission held a public hearing on this matter and recommended approval of the preliminary plat of Menden Addition with conditions; and WHEREAS,the Shakopee City Council reviewed the Preliminary Plat for Menden Addition at its INSERT MEETING DATE meeting; and NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the preliminary plat of Menden Addition is hereby approved subject to the following conditions: General Conditions 1. The plat shall be developed generally consistent with the plat drawing dated 10-8- 2015, unless otherwise specified in this approval. 2. Lots 1,2,3,4 Block 1 may be reconfigured if lot 4 is unable to meet setback requirements. 3. Lot 4, Block 1, Jennifer Lane shall be considered the front yard as shown in the drawing dated 10-8-2015. 4. The final plat shall contain no more than 12 lots. 5. Approval of title by the City Attorney. 6. Execution of a Developers Agreement, which shall include provisions for security for public improvements within the Final Plat, as well as payment of engineering review fees, and any other fees as required by the City's adopted fee schedule. 7. Lots 1, 2, 3,4, and 5 Block 2 shall display space for a 12'x14' deck on the final plat that does not conflict with the electrical utility easement on the southern lot line. II. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Cash in lieu of installation for sidewalk is required for the road frontage along Jennifer lane. 2. Payment of all Storm Water Management Plan Review Fees need to be made, as required by the most current City of Shakopee Fee Schedule. 3. Payment of the Lateral Sanitary Sewer Connection Charge for the Jennifer Lane Sanitary Sewer Extension Project(per Ordinance No. 913)needs to be made, as required by the most current City of Shakopee Fee Schedule. 4. Payment of the Trunk Storm Water Charge needs to be made, as required by the most current City of Shakopee Fee Schedule. 5. Payment of the Sign Installation Fee needs to be made, as required by the most current City of Shakopee Fee Schedule. 6. Payment of the Bituminous Sealcoat Fee needs to be made, as required by the most current City of Shakopee Fee Schedule. 7. The applicant will submit an amended wetland delineation report providing wetland management classes of each wetland, as defined by the Minnesota Routine Assessment Method(MNRAM). The required buffer width will be determined using this information. 8. The applicant will revise Lots 1, 3 and 4 of Block 1 to accommodate structure setback requirements to wetland buffers as set forth in Section 54.33 of the City of Shakopee Code of Ordinances and structure setback requirements to wetland high water levels as set forth in Section 10, Subdivision 5 of the City of Shakopee Design Criteria 9. The subdivision's storm water management plan involves the installation of public storm sewer on adjacent properties and the routing of runoff through these properties. The applicant will obtain and record adequate permanent drainage and utility easements in favor of the City of Shakopee. 10. The applicant will submit a detailed contractor's bid for all public improvements associated with this subdivision. 11. Right-of-way in the form of sight triangles fifteen(15) feet in dimension will be provided at the intersection of Fairhaven Drive and Jennifer Lane. 12. Easements will be shown on the Final Plat as approved by the City Engineer. They include, but are not be limited to, the following: 13. Minimum drainage and utility easements for public sanitary sewer and storm sewer need to be dedicated per the City of Shakopee Design Criteria, Section 10, Subdivision 1 (A-D). The easements need to be centered on the public utility alignments. 14. Provide a minimum of forty-four(44) feet of drainage and utility easement centered on the proposed storm sewer between Lots 3 and 4 of Block 1. 15. Provide a minimum of thirty-eight(38) feet of drainage and utility easement centered on the proposed storm sewer between Lots 1 and 2 of Block 2. 16. Provide a minimum of thirty-four(34) feet of drainage and utility easement centered on the proposed storm sewer between Lots 7 and 8 of Block 2. 17. The applicant will provide adequate drainage and utility easements to encompass the approved high water level of the storm water basin. 18. Each wetland and its corresponding buffer will be placed in a conservation easement in compliance with Section 54.32, Subdivision(C) of the City of Shakopee Code of Ordinances. 19. Provide electronic files (AutoCAD and Portable Document Format—PDF) of the Final Plat to be recorded with datum on the Scott County coordinate system. III. The following items need to be completed prior to approval of a grading permit and/or street and utility plan: 1. The applicant agrees to grade the entire site, as proposed on the approved plans, in one phase within one (1)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, Subdivision 5 of the City of Shakopee Design Criteria. 2. The applicant will revise the low floor elevations of Lots 2-5 of Block 2 to meet the requirements set forth in Section 54.15, Subdivision(C)(15)(b) of the City of Shakopee Code of Ordinances. 3. The applicant will revise the driveway slopes of Lots 1-5, 7 and 8 of Block 2 to meet the requirements set forth in Section 2, Subdivision 2C of the City of Shakopee Design Criteria. 4. The applicant will provide adequate slopes in the area designated by the City Engineer as the storm water basin maintenance access point. 5. The applicant will provide reinforced turf(Geogrid or similar product) in the area designated as the maintenance access point. 6. Class IV fieldstone riprap and geotextile fabric will be placed at each flared end section. The riprap and fabric will be installed to the bottom of the storm water basin. 7. The applicant will provide a street and utility plan in accordance with Section 11 of the City of Shakopee Design Criteria. 8. The applicant will install sod the full width of all rear yard drainage and utility easements containing storm sewer. 9. The applicant will provide a landscaping plan in compliance with the most recent version of the City of Shakopee's Easement Fencing and Landscaping Policy. 10. The applicant will seed the storm water basin area with a native vegetation. The seed mixture, application and maintenance requirements will be determined by the City Engineer or their assign. 11. Provide a tree preservation plan which meets the requirements in the Tree Preservation Regulations (151.113) 12. Before grading may begin, tree protection fencing must be installed and inspected by City Staff. 13. It is a requirement that a buffer of native plants be established around the storm water basin. A contractor specializing in restoration of native plant communities must be hired to seed and maintain this area for two full growing seasons after the initial seeding. Prior to issuing a grading permit, a financial security will be collected to ensure completion of the grading, erosion control and turf establishment as represented in the approved plans. A portion of this security will be held for a minimum of two full growing seasons to ensure establishment of the native plants surrounding the storm water basin. In order for this portion of the security to be released, 75% dominance of native vegetation must be achieved, as approved by the City Engineer or their assign. 14. The following seed mixes are to be used within the stormwater basin(or a similar mix providing the same benefits/diversity, accepted by the City): Aquatic bench: MN State Seed Mix 34-181 Emergent Wetland Between normal and high water line: MN State Seed Mix 33-262 Dry Swale/Pond Above high water line: MN State Seed Mix 35-641 Mesic Prairie Southeast 15. A seeding/maintenance plan is required to be provided and approved by the City Engineer before seeding of the stormwater basin begins. IV. The following items need to be completed prior to issuance of a building permit 1. Record plans need to be provided per the City of Shakopee Design Criteria, Section 2, Subdivision 5 and Section 11, Subdivision 2(A-L). The record plans need to be submitted to the engineering department. 2. The applicant will install wetland buffer markers/signs in compliance with Section 54.32, Subdivision(C) of the City of Shakopee Code of Ordinances. BE IT FURTHER RESOLVED by the City Council of the City of Shakopee, Minnesota that the application for Variance from the requirements of to grade within a wetland buffer, which is prohibited by City Code Section 54.32, Subdivisions (B)(1) and(B)(2 is hereby GRANTED, based on the following findings pursuant to Minnesota Statute Section 462.357, Subd. 6 and to City 51.015 Subd. B, "Criteria for Granting Variances." subject to the following conditions: Criterion 1 When the application for the variance establishes that there are practical difficulties in complying with the official control. Practical difficulties means the following: 1.A. The property owner proposes to use the property in a reasonable manner not permitted by an official control: Finding 1.A. The property owner proposes to grade fill within a wetland buffer, but to limit the effect that this will cause on the wetland. The area will be replanted with native species per city code. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding 1.B. The plight of the landowner is impacted due the tree vegetation on site. The storm water pond location was selected by the applicant and staff due to the other potential location being heavily wooded. The desire to locate the pond in the proposed location is to retain this stand of high quality trees, which are unique to this property. 1.C. The circumstances were not created by the landowner; Finding 1.C. The circumstances were not created by the landowner.A stand of high quality trees is the only other viable location for a storm water pond. The landowner could remove these trees but it is deemed by the City that this would not be beneficial. 1.D. The variance,if granted,will not alter the essential character of the locality; and Finding 1.D. The variance will not negatively alter the essential character of the locality, and may in fact retain the essential character better than if the storm water pond were located in the alternative location. 1.E. The problems extend beyond economic considerations. Economic considerations alone do not constitute practical difficulties. Finding 1.E. The problems extend beyond economic considerations. Criterion 2 It has been demonstrated that a variance as requested will be in harmony with the general purposes and intent of the ordinance and when the variance as requested is consistent with the Comprehensive Plan. Finding 2 The proposed variance will be in harmony with the general purposes and intent of the ordinance. The proposed use of this property would be consistent with the Comprehensive Plan. Criterion 3 The request is not for a use variance. Finding 3 The request is not a use variance. Criterion 4 Conditions to be imposed by the Board of Adjustment and Appeals must be directly related to and must bear a rough proportionality to the impact created by the Variance. Finding 4 The conditions of the variance are placed in the plat requirements for the site.Most of the conditions would be applicable regardless of the variance being granted with the exception of the vegetation plantings required. This condition directly relates to the variance as these are the species being disturbed by granting the variance. Criterion 5 Variances in the flood plain overlay zone also shall meet the following criteria: Finding 5 (Not applicable since the property is not within the flood plain overlay zone.) BE IT FURTHER RESOLVED, That the application for variance, Caselog No. PC15-071 is hereby GRANTED. Adopted in regular session of the City Council of the City of Shakopee,Minnesota, held the day of ,2015. Mayor of the City of Shakopee Attest: Lori Hensen, City Clerk