eak on any item
not on the agenda. There was no response.

4.
PUBLIC HEARING CASELOG #06025 (CONTINUED FROM 5-18-06): TO
CONSIDER AN APPLICATION FOR PRELIMINARY PLAT OF VIERLING
ESTATES. THE PROPERTY IS LOCATED NORTH OF HIGHWAY 169, EAST
OF CALVARY CHURCH AND SOUTH OF VIERLING DRIVE.

Mr. Noble presented. Mr. Noble offered that Shakopee Development, LLC, has
submitted an application for preliminary plat approval of property located north of
Highway 169, south of Vierling Drive, and east of Calvary Church. It was noted
that the plat, as currently proposed, contemplates the creation of 13 multi-family
residential structures, totaling 43 units, on approximately 8.4 acres of land. It was
offered that the property in question received conditional use permit (CUP)
approval on August 18, 2005, and included 35 conditions of approval. It was
noted that one of the conditions of approval was that the applicant submit a minor
subdivision application, but was informed by Scott County that a preliminary and
final plat would be required. It was added that the submitted plat application
identifies lots that will have two (2) accesses off Vierling Drive, one being
directly across from Jasper Road, with the interior drive designed to be 28 feet
wide. It was offered that the structures would consist of two, three and four unit
buildings, comprised of two story and rambler type structures, and front loading
garages. It was noted that the building materials proposed include brick, wood,
vinyl and hardi-plank siding. Mr. Noble offered that the Commission discussed at
their May 18
th
meeting whether additional parking spaces shall be provided, with
the applicant stating that they will attempt to provide additional spaces where they
can on the street and in the cul-de-sac. Mr. Noble noted that this item was
continued from the Commissions last meeting to allow the applicant to attempt to
provide additional parking as well as allow staff to further review the design and
2
performance standards. He added that staff has reviewed the design and
performance standards, there have also been a number of entities that have
provided comments that have been incorporated into the draft resolution
conditions. Mr. Noble presented a site plan to the Commission regarding the off-
street parking spaces. He noted that the applicant is proposing a total of 18
additional parking spaces. Mr. Noble stated that if this plat is approved, staff is
asking that some of the landscaping shown in the subject area be shifted slightly
due to there being a conflict with some of the trees. Mr. Noble offered that staff
is recommending approval of this preliminary plat request, subject to the
following conditions:

I.

The following procedural actions must be completed prior to the
recording of the Final Plat:
A.

Approval of title by the City Attorney.
B.

Execution of a Developers Agreement, which shall include
provisions for security for public improvements within the plat
and the engineering review fees, and any other fees as required
by the Citys adopted fee schedule.
1.

Shakopee Public Utilities Commission shall be
contacted if the applicant wishes to contract with them
for security lighting.
2.

Electrical system to be installed in accordance with the
requirements of the Shakopee Public Utilities
Commission.
3.

The developer shall be responsible for payment of
Trunk Storm Water Charges, Trunk Sanitary Sewer
Charges, Trunk Storm Water Storage and Treatment
Charges, security for the public improvements,
engineering review fees, and other fees as required by
the Citys most recent adopted Fee Schedule.
4.

No public improvements shall be constructed until the
City Engineer and the Shakopee Public Utility
Commission approve the Final Construction Plans and
Specifications.
5.

The applicant shall obtain an NPDES permit prior to
any land disturbing activity. A copy of this permit shall
be provided to the City. The applicant shall adhere to
all MPCA NPDES Phase II permit requirements for
erosion control before, during, and after earth moving
activities.
6.

Verify the exact location of the high-pressure natural
gas transmission pipeline prior to the installation of any
utility service line.
C.

Shakopee Public Utilities Commission requires the watermain
be looped with two connections to existing watermain in
Vierling Drive, one at either end of the site.
3
D.

Shakopee Public Utilities Commission plans to install two
main line underground electric feeders within the 10 foot
drainage and utility easement along the south property line of
this property and adjoining properties.
E.

Easements shall be shown on the Preliminary Plat and the Final
Plat as approved by the City Engineer. They shall include, but
not be limited to, the following:


Provide a minimum of twelve (12) feet of trail easement for
the bituminous trail being constructed as part of this
project.
Provide a minimum of ten (10) feet of drainage and utility
easement between Lots 11 and 12 of Block 1.
Provide a minimum of ten (10) feet of drainage and utility
easement between Lots 18 and 19 of Block 1.
Provide a minimum of ten (10) feet of drainage and utility
easement between Lots 21 and 22 of Block 1.
Provide a minimum of ten (10) feet of drainage and utility
easement between Lots 25 and 26 of Block 1.
Provide a minimum of ten (10) feet of drainage and utility
easement between Lots 31 and 32 of Block 1.
Provide a minimum of ten (10) feet of drainage and utility
easement between Lots 34 and 35 of Block 1.
Provide adequate drainage and utility easements at the top
and bottom of all proposed retaining walls.
F.

The storm water management plan shall be approved by City
Engineering.
G.

The applicant shall meet park dedication requirements by
providing cash in lieu of land dedication. Park dedication fees
in the amount required by the City Code and adopted City fee
schedule shall be paid prior to the recording of the final plat. If
any portion of the property is being platted as outlots to
accommodate a phased development, the park dedication fees
for each future phase shall be based on the fees in effect at the
time of final plat approval for those outlots and shall be paid
before the final plat for those outlots is recorded.
H.

The applicant shall construct an eight (8) foot wide bituminous
trail along the property line adjacent to Vierling Drive along
the edge of the public right-of-way, where possible, with
construction to be coordinated by the City Engineering
Department.
I.

All trails shall be ADA compliant.
J.

The applicant shall provide and install trail boundary signage
as determined to be needed by the city along the trail.
K.

The applicant shall obtain a grading permit prior to any
additional land disturbing activity.
4
L.

The applicant shall comply with MnDOTs recommendations
concerning storm sewer drainage/outlets and permit
requirements for any work within or affecting their right-of-
way. The applicant shall obtain the necessary MnDOT
approvals for the proposed emergency overflow directed to
their right-of-way. The applicant shall be financially
responsible for all MnDOT approvals.
M.

The applicant shall obtain the necessary permission, right-of-
way and/or easements to perform all proposed work offsite or
within existing easements.
N.

The applicant shall obtain a right-of-way permit prior to work
within the City of Shakopees right-of-way.
O.

The applicant shall obtain the appropriate Wetland
Conservation Act (WCA) permits and approvals prior to
issuance of a grading permit.
P.

The applicant shall work with City of Shakopee staff to
eliminate all proposed retaining walls from within drainage and
utility easements.
Q.

No final graded slopes in non-paved areas shall exceed three
(3) feet horizontal to one (1) foot vertical (3:1), nor shall they
be less than two (2) percent.
R.

All proposed driveways, sanitary sewer and storm sewer shall
be considered private.
S.

The applicant shall provide an outlet control structure for the
proposed storm water basin as per City of Shakopee
requirements.
T.

The applicant shall provide an ultimate Emergency Overflow
(EOF) for the sites storm sewer system. The location and
elevation shall be approved by the City of Shakopee. The City
of Shakopees engineering department shall inspect these
private improvements and the developer shall pay all
administrative, plan review and inspection costs as though the
improvements were public.
U.

The applicant shall adjust all elevations to comply with
freeboard requirements set forth by the City of Shakopee as
they relate to the approved High Water Level (HWL) of the
existing storm water basin/wetland.
V.

The applicant shall eliminate all proposed impacts to the
existing storm water basin/wetland.
W.

The applicant shall work with City of Shakopee staff to
mitigate impacts to the existing storm water basin adjacent to
Vierling Drive.
X.

The applicant shall work with City of Shakopee staff to provide
additional water quality treatment volume in the existing storm
water basin adjacent to Vierling Drive.
5
Y.

The applicant shall eliminate all retaining walls and their
associated foundation from below the approved High Water
Level (HWL). P