HomeMy WebLinkAbout9.A.1. Rezoning of Property at 1480 Third Ave W from B-1, Highway Business and R-3, Multiple Family Residential to Light Industrial, I-1 zone and Reguiding of the Property from Commercial to Industrial-Res. No. 7308 General Business 9, A. 1.
SHAKol1E
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Kyle Sobota, Planner I
DATE: 05/21/2013
SUBJECT: Rezoning of Property at 1480 Third Ave W from B -1, Highway Business and R -3, Multiple Family
Residential to Light Industrial, I -1 zone and Reguiding of the Property from Commercial to Industrial -
Res. No. 7308 (B)
Action Sought
The City Council is asked to adopt Resolution No. 7308, a resolution denying the request to reguide the property at
1480 Third Ave W from Commercial to Industrial and denying the request to rezone the property from Highway
Business, B -1 and Multiple Family Residential, R -3 to Light Industrial, I -1 zoning.
Introduction
Steve and Vicky Heller have applied to both rezone and reguide their property at 1480 Third Avenue West. The
property is currently occupied by a used car lot that uses the northern portion of the building and the parking area
immediately adjacent to the building.
The property is currently for sale, so there is not a specific use proposed for the site. As mentioned in the staff
report to the Planning Commission, the City Council must determine if it is comfortable with the site being
developed as any of the permitted or conditional uses listed in the Light Industry, (I -1) zone. The Light Industry,
(I -1) list of uses is attached as the final pages of the planning commission report.
It should be noted that in the staff report to the Planning Commission that Cottage Homesteads is noted as an
assisted living facility, this is incorrect. Cottage Homesteads are owner occupied one -level condominiums
southwest of the subject property. Emerald Crest, which is the adjacent development east of Cottage Homesteads
and west of Long View Estates is an assisted living / memory care facility.
Staff has received comments from three residents that are opposed to the request, one resident spoke at the Planning
Commission meeting in opposition to the request. The concerns were about exterior storage, the difficulty in
potentially screening the site, and the potential for truck traffic.
The criteria required for the granting of a Comprehensive Plan Amendment and rezoning are listed below with
proposed findings for the Council's consideration.
FINDINGS
The criteria required for the granting of a Zoning Ordinance Amendment are listed below for the City Council's
consideration.
Criteria #1 The original Zoning Ordinance is in error;
Finding #1 There has been no evidence that the original zoning classification is in error, or that the Highway
Business, B -1 and Multiple Family Residential (R -3) zones prevent this site from being utilized. City sewer and
water service is available near the property, which is sized for commercial development.
Criteria #2 That significant changes in community goals and policies have taken place;
Finding #2 There have not been significant changes in community goals and policies as they relate to the CSAH
69 corridor where there is desire to have properties south of CSAH 69 zoned and guided for Industrial use directly
adjacent to residential properties.
Criteria #3 That significant changes in City -wide or neighborhood development patterns have occurred;
or
Finding #3 There has been no evidence presented that either city-wide or neighborhood development patterns
have changed.
Finding #4 The watermain in the area is not currently sized for industrial uses. A potential future user would
have to be studied to determine if the current public services are capable of serving a user and providing adequate
fire protection.
Criteria #4 That the comprehensive plan requires a different provision.
Finding #5 The City's 2030 Comprehensive Plan guides the area for commercial use, and this property is
currently zoned Highway Business (B -1) and Multiple Family Residential (R -3), which is consistent with the
Comprehensive Plan.
Planning Commission Recommendation
The Planning Commission reviewed this request at its May 9, 2013 meeting, and recommended denial of the
Rezoning and Comprehensive Plan Amendment to the City Council by a 5 -0 vote. Commissioners expressed
concern about potential screening of the property from the adjacent residences. A copy of the staff report to the
Planning Commission is attached for the Council's information.
Alternatives
1. Approve Resolution No. 7308, denial of a request to reguide the property from Commercial to Industrial
and to rezone the property from Highway Business (B -1) and Multiple Family Residential (R -3) to Light Industrial
(I -1) zoning.
2. Do not approve Resolution No. 7308, denial of the request to amend the Comprehensive Plan to guide this
property for Industrial use and to rezone the property from Highway Business (B -1) and Multiple Family
Residential (R -3) to Light Industrial (I -1) zoning, and direct staff to prepare a resolution approving the rezoning and
reguiding request for the Council's review at the next meeting.
3. Offer a motion to table this item and request additional information from the applicant and/or staff.
Action Requested
Offer a motion to approve Resolution No. 7308, denial of a request to reguide the property from Commercial to
Industrial and to rezone the property from Highway Business (B -1) and Multiple Family Residential (R -3) to Light
Industrial (I -1) zoning and move its adoption.
Attachments: Resolution No. 7308
Planning Commission Report and Attachments
Legal Description, 1480 Third Ave W.
RESOLUTION NO. 7308 �
A RESOLUTION OF THE CITY OF SHAKOPEE DENYING A REQUEST TO REGUIDE
THE PROPERTY AT 1480 THIRD AVENUE WEST FROM COMMERCIAL TO
INDUSTRIAL AND TO REZONE THE PROPERTY FROM HIGHWAY BUSINESS (B-1),
AND MULTIPLE FAMILY RESIDENTIAL (R-3)
WHEREAS, Stephen and Vicky Heller, applicants and property owners, have requested the
reguiding of their,property from Commercial to Industrial and to rezone their property from
Highway Business (B-1) and Multiple Family Residential (R-3)to the Light Industrial Zone (I-1)to
allow industrial use of the property; and ;
WHEREAS,the subject property is legally described as: ,
See Attached Legal Description
WHEREAS,notices were duly sent and posted, and a public hearing was held before the
Planning Commission on May 9�', 2013, at which time all persons present were given an
opportunity to be heard; and ,
WHEREAS,the City Council heard the matter at its meeting on May 21, 2013; and .
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shakopee
hereby adopts the following findings of facts relative to the above-named request:
FINDINGS ,
The criteria required for the g�-anting of a Zoning Ordinance Amendment are listed below for the City
_ Council's consideration. '
Criteria#1 The original Zoning Ordinance is in error;
Finding#1 There has been no evidence that the original zoning classification is in error, or that the
Highway Business, B-1 and Multiple Family Residential (R-3) zones prevent this site
from being utilized. City sewer and water service is available near the property, which
is sized for commercial development, not industrial development.
Criteria#2 That significant changes in community goals and policies have taken place; `
1
Finding#2 There have not been significant changes in community goals and policies as they relate �
- to the CSAH 69 corridor where there is desire to have pr-operties directly adjacent to ,
residential properties zoned and guided for Industrial use. �
Criteria#3 That significant changes in City-wide or neighborhood development patterns have
occurred; or
Finding#3 There has been no evidence presented that either city-wide or neighborhood
development patterns have changed. The watermain in the area is not sized for
industrial uses as noted by the Fire Inspector and Shakopee Public Utilities.
Finding#4 The watermain in the area is not currently sized for industrial uses. A potential future
user would have to be studied to determine if the current public services are capable of
serving a user and providing adequate fire protection.
Criteria#4 That the comprehensive plan requires a different provision.
Finding#S The City's 2030 Comprehensive Plan guides the area for commercial use, and this
property is currently zoned Highway Business (B-1) and Multiple Family Residential
(R-3), which is consistent with the Comprehensive Plan.
GOAL#1 '
Growth and expansion of that portion of Shakopee served by public services shall be controlled and
focused to maintain the City's fiscal soundness consistent with other community-wide goals.
This area is not presently served by public services and extension of services to this particular
parcel shall be controlled consistent with City policies. The water main in the area is not sized for
typical Industrial development.
GOAL#2
Any future annexation shall be undertaken in an orderly, fiscally sound manner. Property in
annexed areas shall be treated fairly relative to taxes and the provision of service.
The property is already within the city limits, and development of this land shall be treated fairly
relative to taxes and the provision of services. '
BE IT FURTHER RESOLVED,that the request to rezone the property from Highway
Business (B-1) and Multiple Family Residential (R-3)to Light Industry(I-1) and to amend the �
Comprehensive Plan by reguiding from Commercial to Industrial to allow industrial use of the
property is hereby denied.
Passed in regular session of the Ciry Council of the City of Shakopee, Minnesota held this
day of May, 2013. .
Brad Tabke,
. Mayor of the City of Shakopee
Attest: � , � '
, Julie Linnihan, City Clerk
2
i ••
•
CITY OF SHAKSPEE
Memorandum
CASE NO.: 13 -017
TO: Shakopee Planning Commission
FROM: Kyle Sobota, Planner I
SUBJECT: Request to Reguide Property from Commercial to Industrial and Rezone
Property from Highway Business (B -1) and Multiple Family Residential
(R -3) to Light Industrial_ (I -1)
MEETING DATE: May 9, 2013
REVIEW PERIOD: March 28, 2013 to July 26, 2013
INTRODUCTION
Steve and Vicky Heller have made application to request the reguiding of property from
Commercial to Industrial and rezoning from Highway Business (B -1) and Multiple Family
Residential (R -3) Zone to Light Industrial (I -1).
The property is located at 1480 Third Avenue West, near the intersection of CSAH 69 and Third
Avenue West. Please see Exhibit A for specific site location. The subject site is approximately
12.65 acres in size.
DISCUSSION
The applicant submitted the attached narrative (Exhibit B) in connection with the application.
The subject property was previously occupied by the property owner as part of his drywall and
flooring business. The property owner has been marketing the property and states he has been
unsuccessful at finding a buyer for the property for a commercial use because of businesses being
turned away by City staff. City staff met with a business interested in purchasing the property in
March of 2012 and toured their facility in Jackson Township, and it was determined that with a
conditional use permit, the business could move their operation to this site. Staff is not aware
why the potential user did not move forward with the purchase of the property. There remain
possibilities for development of this site as a Highway Business property, even though other
potential businesses that did not comply with the current zoning have contacted city staff.
This property is immediately adjacent to land zoned Highway Business (B -1) and Multiple
Family Residential (R -3). There are 23 townhome units in Long View Estates directly adjacent
to the south of the property, and assisted living units at Cottage Homesteads on 10 Avenue
directly adjacent to this property (See Exhibit A).
Currently there is not a proposed user for the site, and the site is currently not served by City
Sewer and Water. The listed purpose of the Light Industrial Zone in the City Code is to provide
1
an area for industrial, light manufacturing, and office uses, which are generally not obtrusive and
which serve as a transition between more intensive industrial sites and residential and business
land uses.
If this request were to be approved it is possible that any of the permitted uses in the Light
Industrial Zone would become an occupant of the site, or that requests for conditional use
permits for any of the listed conditional uses could be heard by the Board of Adjustment and
Appeals. The Planning Conunission is charged with determining if the current zoning ordinance
and comprehensive plan are in error. For this project it would be whether the potential proximity
of industrial uses to residential uses is preferred over the current configuration.
This request has been reviewed by other city departments and outside agencies. The comments
received are as follows:
Scott County Environmental Health has commented that a compliance inspection would need to
take place if the rezoning were to be approved. Environmental Health also conuments that
without sewer service being extended to this site they recommending the rezoning request be
denied until a specified use with defined wastewater needs is determined (See Exhibit F).
Shakopee Public Utilities has commented that water service is available to this property, but
Shakopee Public Utilities specifies that Industrial zoned property be served by a 12" watermain,
the watermain in this area is 8 ". Any proposed Industrial use would need to be evaluated to
determine if sufficient fire flows (volume and pressure) will be available from the present water
system in the area if the request were to be approved. Shakopee Public Utilities recommends not
approve a zoning change unless the property owner were to agree to upgrade the water system in
the area if necessary.(See Exhibit E).
Shakopee Fire Department has commented that a change in the use to an industrial use may
require the installation of a fire sprinkler system since the existing building is nearly 10,000
square feet. The Fire Department has also commented that uses not permitted in the Highway
Business zone would likely trigger the need for a Fire Sprinkler system and that Industrial zoned
properties are served by 12" watermains. (See Exhibit D).
The City Administrator has reconunended denial of this request based on the proximity to the
residential uses on 6 Avenue.
Although there are currently many deciduous trees on the south side of the property that screen
views of the property from the adjacent residences the majority of the year, there is no assurance
that the trees would remain in place as a screening buffer if the property were to become
developed as either a commercial or a industrial property. The entire property would become
visible from all of the residential lots on both 6 and 10 Avenues if the trees were to be
removed. In this situation a commercial zoning district such as Highway Business would be
considered less intrusive to the residential property, where there are numerous areas in the city of
Highway Business zoned property adjacent to different residential districts, including single
family.
2
In the past City Staff has experienced resident complaints in areas where residential uses are
directly adjacent to Light Industrial zoned property, such as on the eastern border of Shakopee
and along Eagle Creek Boulevard. In these other areas the residential properties are at the same
elevation as the industrial uses, making then less visible than the residences in this case that are
elevated.
Recently both the Planning Commission and the City Council have heard a request for rezoning
of Highway Business properties further east on County Road 69 for Rahr Malting. The City
Council has expressed concern about the proximity of adjacent residences and the compatibility
of industrial uses near residential uses because of the potential for truck traffic for warehousing.
Without City services, warehousing is a potential use on this site that could generate significant
truck traffic with low water usage.
A conditional use permit was approved for vehicle sales on the property in November of 2012. If
the rezoning were to be approved, the car lot would become a non - conforming use on this site.
Vehicle sales operations are permitted in the Light Industrial zone provided it accounts for less
than 20% of a service operation's business. It is staff's position that if this rezoning and guiding
request were to be approved that the vehicle sales operation's Conditional Use Permit be
rescinded because of non- compliance with Light Industrial zoning regulations.
The Economic Development Advisory Committee (EDAC) will review this request for reguiding
and rezoning at its May 15 meeting.
FINDINGS
The criteria required for the granting of a Zoning Ordinance Amendment are listed below for the
Convnission consideration.
Criteria #1 That the original Zoning Ordinance is in error;
Finding #1 There has been no evidence that the original zoning classification is in error, or that
the B -1 zone prevents this site from being utilized.
Criteria H2 That significant changes in community goals and policies have taken place;
Finding #2 There have not been significant changes in community goals and policies as they
relate to the CSAH 69 corridor where there is desire to have properties in this area
zoned and guided for Industrial use.
Criteria #3 That significant changes in City -wide or neighborhood development patterns
have occurred; or
Finding #3 There has been no evidence presented that either city -wide or neighborhood
development patterns have changed. The watermain in the area is not sized for
industrial uses. A potential future user would have to be studied to determine if the
current public services are capable of serving a user.
Criteria #4 That the comprehensive plan requires a different provision.
Finding #4 The City's 2030 Comprehensive Plan guides the area for commercial use, and
this property is currently zoned Highway Business (B -1), which is consistent with
the Comprehensive Plan.
3
STAVE RECOMMENDA g ION
Staff recommends that the Planning Commission recommend to the City Council the denial of
the request to reguide property to Commercial from Industrial and to rezone property to Light
Industrial (I -1) Zone from Highway Business (B -1) and Multiple Family Residential (R -3) Zone.
ALTERNATIVES
1. Offer a motion to recommend to the City Council the denial of the request to reguide
property to Industrial from Commercial and to rezone property to Light Industrial (I -1) Zone
from Highway Business (B-1) and Multiple Family Residential (R -3) Zone.
2. Offer a motion to recommend to the City Council the approval of the request to reguide
property to Industrial from Commercial and to rezone property to Light Industrial (I -1) Zone
from Highway Business (B -1) and Multiple Family Residential (R -3) Zone.
3. Offer a motion to continue the public hearing and request additional information from the
applicant and /or staff.
4. Close the public hearing, and offer a motion to table and request additional information from
the applicant and /or staff.
ACTION REQUESTED
Offer a motion to recommend to the City Council the denial of the request to reguide property to
Industrial from Commercial and to rezone property to Light Industrial (I -1) Zone from Highway
Business (B -1) and Multiple Family Residential (R -3) Zone (Alternative No. 1).
Kyle - obota
Planner I
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March 27, 2013
To Whom It May Concern,
My name is Steve Heller, owner of 1480 3rd Ave S, Shakopee MN. I am requesting a
zone change for this parcel to Light Industrial. The reason for this change is that since I
closed my business for more than six months, now the property can't be used as in the
past and like my neighbors.
(Enclosed are pictures taken of how neighbors are using their property)
I have been trying to sell this property for over two years. Interested parties have been
turned away by the city because they will not conform to the B -1 zoning use. The
question that I'm asked is why can the other neighboring businesses be able to do what
they do and this property can't. 1 have asked this many times at city hall and the answer
from city staff is "They have been grandfathered in ".
The tax burden on this property is $34,218.00, plus a mortgage payment. Not being able
to find an interested party that fits into B -1 zoning has become a financial burden to me.
After looking at the pictures that have been included with this request, you may agree
with me that none of my neighbors really fit into the B -1 zoning that I'm suppose to
comply with.
All I'm requesting is to do what everyone else on West 3` Ave is using their properly for.
My employees spent money in town when they worked at this address. Now they spend
their money in different towels.
This would change when a new business was able to open its doors here. This would be a
win for the City and a win for me.
Thank you for taking the time to consider my request.
X'
Stephen Heller
956 Stonebrooke Drive
Shakopee, MN 55379
612- 221 -3061
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Surveyors Office. 5/3/2013 liStYltt
staff Re,view
Case Number: 13017
Frorn: Torn Pitschneider, Fire Marshal /Inspector
Date: 04/15/2013
Request: Comp Plan Amendment and Rezoning
Staff Recommendation: Denial -- Please see notes below
Project Comments
1. We do not believe rt to be in the best interest of the area to rezone this parcel to 1 -1.
There may be other existing parcels in the area which are non - conforming or in
violation of the existing B -1 zoning, however, it does not appear prudent to the City to
rezone this parcel due to those issues.
2. Any change of use /occupancy of the building may require the installation of a fire
sprinkler systern as the overall structure is approximately 10,000 square feet in size.
Rezoning the property from S -1 to 1 -1 to allow for additional uses not currently
permitted in the B -1 zone and will increase the likelihood that a fire sprinkler system
• will be required.
3. Properties in industrial zoned areas are typically served by 12" water mains. This
property is not currently served by a public water main.
4. Subject properly is within Insurance Service Office (ISO) requirements for fire
department engine company coverage based on current fire station placement.
Requirements for ISO are an engine cornpany within 1.5 miles. This property is
currently 1.5 miles from e fire station.
5. Subject property is net within Insurance Service Office (ISO) requirements for fire
department ladder company coverage based on current fire station placement.
Requirements for ISO are a ladder cornpany within 2.5 miles. This property is
currently 1.5 miles from a fire station.
(yll\VA
Apr. `1. 1011 lo:IUANI No. 7111 r.
l L... T i ._O : ; PUBLIC UT ILA T I ��,S COMMISSION
.,_.., . . -.. "Lighting the Way - Yesterday, Today and. Beyond"
MEMORANDUM
TO: Shakopee Community Development Department
FROM: Joseph D. Adams, Planning and Engineering Director !'
SUBJECT: STAFF REVIEW RECORD COMMENTS for:
Comp Nail Amendment and Rezoning B -1 to I-1
CASE NO: 1301.7
DATE: 4/9/13
COMMENTS:
Municipal water service is available subject to our standard terms and conditions. These include,
but are not limited to: installing a lateral water main distribution system in accordance with utility
policy, paying the associated inspections costs, granting any necessary easements, paying the
Trunk Water Charge, and paying the Water Connection Charge.
Underground electric service is available subject to our standard terms and conditions. These
include, but are not limited to: entering into an Underground Distribution Agreement, granting
any necessary easements, and paying the associated fees.
Street Lighting installation is available subject to our standard terms and conditions_ These are
contained in the current City of Shakopee Street Lighting Policy. Applicant must pay the
associated fees.
Applicant should contact Shakopee Public Utilities directly for specific requirements relating to
their project.
Note: Standard SPtJC liVatermain Design Criteria specifies that industrial zoned property
be connected to a 12 -inch minimum pipe diameter. Watermain in the area is 8-inch
diameter which is consistent with the sommercial/highvvay business zoning of this
and adjacent property. This property does not currently have water service. Any
specific industrial use that requires water service would have to be first evaluated to
determine if sufficient fire flows (volume and pressure) will be available from the
present water distribution system in the area if'this zoning change request is
approved.
Recommendation is to not approve zoning change without first attaching a
condition that the property owner would be responsible for all costs necessary to
upgrade the area watermain distribution system ib neeesaar - y for specific use.
r ._ -. - - -- Post. C ffice Bo; 470 c, 255 St'razin. Street Jh kopv ✓, !tarot s a_ 55379-0470
9 -0410
(952) 445 -1988 <. ia-; (9 ='2) 445 -7767
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E .,, icAkva;,, SCOTT COUNTY
r CO f ,ZUNI C �`" SERVICES DIVISION , :, j I \h, r , „, T„,
ENVIRONMENTAL HEI 0 H & INSPECTIONS
200 FOURTH AVENUE WEST
SH AK.OPEE, ft(K 0537g-1220
RN0)G A,GIDURN
TO: Kyle Sobota, Project Manager
FROM: Steve Steuber, Environmentalist II
_F T E z April 23, 2013
SUBJECT: Coral) Plan Amendment and Rezoning B -1 to I -1 •
City of Shakopee - PID 271120250
Thank you for the opportunity to comment on the proposed Comp Plan Amendment and Rezoning of
B -11 and R -3 to 1 -'1 for PID 271120250 in the City of Shakopee.
We reviewed our files related to the on -site sewage system for this site and note that we require a
compliance inspection be conducted on this system and that an assessment be provided on the
estimated water uses for the proposed businesses that could occupy this property prior to a change in
zoning. This requirement for a compliance inspection is addressed in our Scott County Subsurface
Sewage Treatment System Ordinance No. 4 which states in part:
7.03 COMPLIANCE INSPECTIONS REQUIRED. A compliance inspection is required:
F. Where a permit or an amendment to an existing permit is required for a change in use of
a property (i.e. residential to commercial, commercial to industrial, etc., or the addition of
a business, or a change of a business type or use) including additional parking or outside
storage area; or
G. When any parcel of land is developed, subdivided, rezoned or split and there is an
existing SSTS on any of the parcels.
We note that a specific proposed use has not been identified to enable a determination to he made as to
the capability of the existing subsurface sewage treatment system to accommodate such use. We also
note that this parcel appears to have limited options for additional sewage treatment system locations
due to disturbed soils and shallow bedrock. Recognizing this dilemma, we would suggest that this •
rezoning application be rejected until such time that there is a specified proposed use with definable
waste water needs. Alternatively, the City could stipulate that municipal water and sewer services be
connected to this parcel as a condition of rezoning if this proposed zoning appears to the City to be
otherwise compatible with the adjacent land uses.
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§11.44
SEC. 11.44. LIGHT INDUSTRY ZONE (t -1).
Subd. 1. Purpose. The purpose of the light industry zone is to provide an area for industrial, light
manufacturing, and office uses which are generally not obtrusive and which serve as a transition
between more intensive industrial sites and residential and business and uses.
Subd. 2. Permitted Uses. Within the light industry zone, no structure or land shall be used except
for one (1) or more of the following uses:
A. warehousing and wholesaling conducted entirely within an enclosed building,
except those involving a project that fits within one (1) of the Mandatory EIS
Categories under Minnesota Rules 4410.4400;
B. research laboratories conducted entirely within an enclosed building;
C. establishments supplying goods or services primarily to industrial uses;
D. agricultural uses, but limited to the growing of field crops;
E. utility services;
F. utility service structures;
G. offices within the principal structure and directly associated with another permitted
use;
H. public buildings;
I. single and mixed use developments which comply with Section 11.50, and have
received approval from the City Council; or (Ord. 563, November 25, 1999;
Amended, Ord. 816, April 30, 2009)
J. Office buildings. (Added, Ord, Ord. 816, April 30, 2009)
Subd. 3. Conditional Uses. Within the Tight industry zone, no structure or land shall be used for
the following uses except by conditional use permit:
A. manufacturing, fabrication, processing, and assembly operations conducted
entirely within an enclosed building, except those involving a project that fits within
one (1) of the Mandatory EIS Categories under Minnesota Rules 4410.4400;
B. airports and heliports;
C. vehicle repair;
D. landscaping services and contractors;
E. retail sales of products manufactured, fabricated, assembled, or stored on site;
F. commercial vehicle rental facilities;
G. self - storage facilities;
page revised in 2009
§11.44
h;. industrial or technical training schools;
restaurants, class I or class II, contained within a principal structure and oriented
toward serving employees or those working in the immediate area;
J. residences for security personnel;
K. exterior storage;
L. day care facilities;
M. adult day care center as conditional use subject to the following conditions: The
adult day care centers shall:
1. serve thirteen (13) or more persons; .
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure /recreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization, the center may share a common space with
the multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms and utility and
storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
c. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;
5. provide proof of state, federal and other governmental licensing agency
approval; and
6. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
N. structures over forty -five (45) feet in height;
0. developments containing more than one (1) principal structure per lot;
p=age revised in 2CO2
1236
§11.44
P. other uses similar to those permitted by the subdivision, upon a determination by
the Board of Adjustment and Appeals, may be allowed upon the issuance of a
Conditional Use Permit; (Ord. 528, October 29, 1998)
O. communication service towers as conditional uses, subject to the following
conditions:
1. shall be a monopole structure;
2. the location of the tower shall comply with the minimum setback
requirements of the zone in which it is to be located. Towers located
closer to a property line than a distance equal to the height of the tower
shall be designed and engineered to collapse within the distance between
the tower and the property line and supporting documentation shall be
provided to prove this by a professional engineer;
3. shall not exceed 175 feet in total height (including the extension of any
antenna);
4. lights and/or flashing equipment shall not be permitted unless required by
state or federal agencies;
5. shall be protected with corrosive resistant material;
6. signage shall not be allowed on the tower other than danger or warning
type signs;
7. must provide proof from a professional engineer that the equipment is not
able to be co- located on any existing or approved towers and prove that
the planned tower will not interfere with existing communications for public
safety purposes;
8. must be built to accommodate antennas being placed at varying heights
on the tower;
9. existing vegetation on the site shall be preserved to the maximum extent
possible;
10. shall be surrounded by a security fence six (6) feet in height with a
lockable gate;
11. shall be located and have an exterior finish that minimizes visibility off -site
to the greatest extent possible;
12. applicable provisions of the City Code, including the provisions of the State
Building Code therein adopted, shall be complied with;
13. equipment and buildings shall be screened from view by suitable
landscaping, except where a design of non - vegetative screening better
reflects and compliments the architectural character of the surrounding
neighborhood;
pane revised m 2001
§11.44
14. no tower shall be permitted unless the equipment planned for the
proposed tower cannot be accommodated on an existing or approved
tower or building within one -half (1/2) mile search radius of the proposed
tower for any of the following reasons:
a. the necessary equipment would exceed the structural capacity of
the existing or approved tower or building and the existing or
approved tower cannot be reinforced, modified, or replaced to
accommodate planned or equivalent equipment at a reasonable
cost, as certified by a qualified, licensed professional engineer;
b. the necessary equipment would cause interference as to
significantly impact the usability of other existing or planned
equipment at the tower, structure or building and the interference
cannot be prevented at a reasonable cost, as certified by a
qualified, licensed structural engineer;
c. existing or approved towers and buildings within the one -half (1/2)
mile search radius cannot or will not accommodate the planned
equipment at a height necessary to function reasonably, as
certified by a qualified licensed professional engineer;
d. the applicant, after a good faith effort, is unable to lease space on
an existing or approved tower or building;
15. all obsolete or unused towers and accompanying accessory facilities shall
be removed within twelve (12) months of the cessation of operations at the
site unless a time extension is approved by the City. After the facilities are
removed, the site shall be restored to its original or an improved state.
The user of the tower and/or accompanying accessory facilities shall be
responsible for the removal of facilities and the restoration of the site.
16. the applicant shall submit a plan illustrating anticipated sites for future
location for communication towers and /or communication
device(s) /apparatus;
17. when towers are to be located in City parks, no towers should be located
in designated conservation areas such as forest areas, marsh lands,
wildlife preserves, nature center parks, picnic areas, near historical
structures, scenic open space areas, and areas of intense recreational
play for children (playfields, swimming pools, playground equipment);
18. wireless telecommunication towers and antennas will only be considered
for City parks when the following conditions exist and if those areas are
recommended by the Parks and Recreation Advisory Board and approved
by the City Council:
a. City parks of sufficient size and character that are adjacent to an
existing commercial or industrial use;
b. commercial recreation areas and major playfields used primarily
by adults;
page revised in 200
§11.44
19. all revenue generated through the lease of a City park for wireless
telecommunication towers and antennas should be transferred to the Park
Reserve Fund. (Ord. 479, March 13, 1997)
R. retail auto sales, subject to the following conditions:
1. limit the percentage of retail safes to no more than 20% of the business;
2. must serve as an accessory use of the principle use;
3. vehicle retail sales limited to used automobiles only;
4. no person shall operate a retail auto sales business on property, any part
of which is within 200 feet from any property developed or zoned for
residential uses;
5. shall not store any vehicles which are unlicensed and inoperative for more
than seven (7) days, except in appropriately designed and screened
storage areas;
6. shall conduct all repair, assembly, disassembly, or maintenance of
vehicles within a building, except for minor maintenance such as tire
inflation, adding oil and wiper replacement;
7. shall not have any outside storage or display except of vehicles for sale;
8. shall not have a public address system which is audible from any
residential property;
9. shall screen all storage areas;
10. shall screen all display areas adjacent to a residential zone;
11. shall apply the parking setback to all areas where vehicles are located;
12. shall maintain a landscaped buffer 100 feet wide from any residential zone;
13. all motor vehicle dealers shall be licensed by the State;
14. vehicle sales area is to be paved. (Added, Ord. 601, June 28, 2001)
Subd. 4. Permitted Accessory Uses. Within the light industry zone the following uses shall be
permitted accessory uses:
A. parking and loading spaces;
B. temporary construction buildings;
C. decorative landscape features; and
D. communication service apparatus /device(s) as permitted accessory uses, subject
to the following conditions:
Inge revised in 2001
1239
§11.44
1. shall be co- located on an existing tower or an existing structure;
2. must not exceed 175 feet in total height (including the extension of any
communication service device(s) apparatus);
3. lights and /or flashing equipment shall not be permitted unless required by
state or federal agencies;
4. signage shall not be allowed on the communication service
device(s) /apparatus other than danger or warning type signs;
5. must provide proof from a professional engineer that the equipment will not
interfere with existing communications for public safety purposes;
G. shall be located and have an exterior finish that minimizes visibility off-site
to the maximum extent possible;
7. applicable provisions of the City Code, including the provisions of the State
Building Code therein adopted, shall be complied with;
8. all obsolete or unused towers and accompanying accessory facilities shall
be removed within twelve (12) months of the cessation of operations at the
site unless a time extension is approved by the City. After the facilities are
removed, the site shall be restored to its original or an approved state.
The user of the tower and /or accompanying accessory facilities shall be
responsible for the removal of facilities and restoration of the site;
9. the applicant shall submit a plan illustrating all anticipated future location
sites for communication towers and /or communication
devices(s) /apparatus;
10. wireless telecommunication towers and antennas will only be considered
for City parks when the following conditions exist and if those areas are
recommended by the Parks and Recreation Advisory Board and approved
by the City Council:
a. City parks of sufficient size and character that are adjacent to an
existing commercial or industrial use;
b. commercial recreation areas and major playfields used primarily
by adults;
11. all revenue generated through the lease of a City park for wireless
telecommunication towers and antennas should be transferred to the Park
Reserve Fund; (Ord. 479, March 13, 1997) and
E. other accessory uses customarily appurtenant to a permitted use, as determined
by the Zoning Administrator.
Subd. 5. Desian Standards. Within the light industry zone, no land shall be used, and no
structure shall be constructed or used, except in conformance with the following minimum
requirements:
Da' • re.,ise� v. 20
§11.45
A. Density:
minimum lot area: (with City services): 1 acre
(without City services): 20 acres
B. Maximum impervious surface percentage: 75%
C. Lot specifications:
minimum lot width: (with City services): 100 feet
(without City services): 600 feet
minimum front yard setback: 30 feet
minimum side yard setback: 15 feet
minimum rear yard setback: 30 feet
minimum.side or rear yard setback from residential zones: 100 feet
D. Maximum height: Forty -five (45) feet without a conditional use permit. (Ord. 31,
October 25, 1979; Ord. 96, November 11, 1982; Ord. 138, November 24, 1983;
Ord. 186, January 30, 1986; Ord. 203, July 10, 1986; Ord. 264, May 26, 1989; Ord.
279, December 1, 1989; Ord. 377, July 7, 1994; Ord. 429, November 2, 1995)
SEC. 11.45. Reserved.
psc= rehseo in 2CO2
4
Outlot A, Long View Estates 1 Addition, Scott County, Minnesota.
Together with that part of vacated Harrison Street described as follows:
That part of Legislative Route No. 300 and Harrison Street as shown on
Long View Estates 1 Addition according to the recorded plat thereof,
Scott County, Minnesota, which lies Northwesterly of the following
described line:
Commencing at the most Southerly comer of Lot 1, Block 7, in said plat,
thence North 51 degrees 21 minutes 06 seconds East, assumed bearing along
the Southeasterly line of said Lot 1, a distance of 491.03 feet to the point of
beginning of said line to be hereinafter described; thence continuing North 51
degrees 21 minutes 06 seconds East, a distance of 25.82 feet; thence Northeasterly
a distance of 582.37 feet along a tangential curve, concave to the Northwest
having a radius of 1100.00 feet and a central angle of 30 degrees 20 minutes
02 seconds to its intersection with a line drawn parallel to and distant 20.00 feet
Southeasterly of the Southeasterly line of Outlot A, in said plat of Long View
Estates 1st Addition; thence North 21 degrees 10 minutes 10 seconds East, not
tangent to the last described curve and along said parallel line a distance of
261.14 feet to the East line of the West Half of the Northeast Quarter of Section
11, Township 115, Range 23, Scott County, Minnesota, and said line there
terminating.
And which lies Northerly of the Southeasterly extension of the Northeasterly
line of Lot 1, Block 7 of said plat of Long View Estates 1 Addition.