HomeMy WebLinkAbout7. Public Hearing: Conditional Use Permit for Landscaape and Contractor and Exterior Storage of Goods for Sale at 1480 Third Avenue West, Curb to Curb, Inc. srt�xOPEE 7.
TO: Shakopee Board of Adjustments and Appeals
FROM: Kyle Sobota, Senior Planner
DATE: 01/09/2014
SUBJECT: Public Hearing: Conditional Use Permit for Landscape Service and Contractor and Exterior
Storage of Goods For Sale at 1480 Third Avenue West, Curb to Curb, Inc.
Caselog No
14-002
Discussion
Roger Dvorak, representing Curb to Curb, Inc. has made an application for a Conditional Use Permit for
a landscape service/contractor operation at 1480 Third Avenue West. Landscape service/contractor
operations require a Conditional Use Permit in the Highway Business(B-1)Zone. Curb to Curb is a
contractor that provides property maintenance services such as sweeping of parking lots and parking
ramps, sweeping of city streets, snow plowing,turf maintenance and lawn care, and emergency cleanup
services. Curb to Curb has most recently been located in Burnsville, but originated in Shakopee. Mr.
Dvorak is also proposing to sell landscape supplies such as mulch or rock on the site in concrete bunkers
as a small portion of his business,which requires a conditional use permit for exterior storage of goods
for sale.
Backaround
On September 27, 2013 Mr. Dvorak made application for a zoning text amendment to allow landscape
services and contractors as a conditional use in the Highway Business zone,which was reviewed by the
Planning Commission on November 7, and the City Council on November 19, 2013. The City Council
approved the request unanimously on November 19th. Mr. Dvorak has now purchased the property at
1480 Third Avenue West and has applied for a conditional use permit to operate his business at this
location.
Discussion
The property is 12.65 acres and the applicant is proposing to use approximately 3.50 acres of the site for
the operation of the business and has agreed to dedicate the forested bluff area as a conservation
easement. A portion of the property is zoned R-3, Multiple Family Residential.The front portion of the
existing building would be used as offices and the rear portion would be used as a shop area for repair
and storage of equipment. Mr. Dvorak proposes to maintain the equipment for the business on site. The
area proposed for landscape supply sales is on the northeast portion of the property, adjacent to Link
Lumber and is roughly 420'from the nearest residential unit.As part of the development of the site, Mr.
Dvorak is proposing to construct 4' landscaped berms to screen certain areas of the site that would be
visible from adjacent properties; the proposed site plan noting the proposed berm areas is attached as
an exhibit.
The applicant is proposing the storage of 3 shipping containers as storage of equipment and materials.
Concerns have been raised about the storage of sweepings on the site and the applicant has proposed
storing the sweepings in a roll-off dumpster, which complies with Scott County Environmental Health
regulations and state statutes. The applicant is proposing to dispose of the sweepings on a weekly basis.
Scott County Environmental Health is requiring that the area where sweepings are dumped be paved.
The applicant has agreed to place an 8'tall privacy fence around the containers, above ground fuel
tanks, and dumpster area.
A concern of both City staff and adjacent residents is the possibility for noise coming from the site during
evening hours as well as proper handling of sweepings. The applicant does not intend to perform any
repairs during the evening, but portions of the business operate in evening hours such as snow removal
equipment and sweepers. The applicant has agreed to store equipment in a manner that would not
require the use of reverse for equipment that leaves in evening hours. Concerns raised by a resident
have been included as an attachment. The resident also provided materials from the Curb to Curb
website,which is www.curbtocurb.com . Scott County Environmental Health Staff and the applicant have
been provided copies of the concerns and have met with the resident. The draft resolution has conditions
that relate to several of the concerns.
The proposed project plans and contact information for the applicant have been sent out for review by
other City departments and outside agencies for review. The comments received are below:
Scott County Environmental Health:
1.A compliance inspection of the ISTS is required as well as an assessment on the estimated water
uses for the proposed business for this property. The assessment must include identification of all
waste water sources entering the SSTS including floor drains.
2.Any floor drains located within the building that are connected to the on-site sewage system comply
with federal Class V requirements.
3. Based on the information provided, a business that will be bringing street sweepings back to the site
for storage, processing (screening of material), and transfer of waste would require a solid waste
facility license from this department.
Natural Resources Department:
1. If a significant tree is removed from the site, the applicant must meet the City's Tree Management
Regulations requirements.
2. If construction equipment is going to be operated within 75' of trees that are to be preserved,tree
protection fence is required to be installed and maintained through the duration of the construction
activity.
3. It is encouraged that the wooded bluff along the southeast side of the property be placed into a
conservation easement.Although invasive species are not a problem on the majority of the wooded
bluff, a few very large invasive plants were discovered and are beginning to spread. The applicant
is encouraged to work with the City's Natural Resources Dept. in destroying those plants before
they spread through the woodland.
Engineering Department:
1.A fence permit is required prior to work on the proposed fence.
2.A grading permit is required prior to work commencing on the proposed landscaped berm.
At the December 17, 2013 City Council meeting,a nearby property owner,Michael Saxton,cited a variety of state laws
(Minnesota Statutes, Chapters 115A and 116)that he believed governed the applicant's use of the property. The city attorney
has reviewed those statutory provisions. Chapter 115A deals with waste management and Chapter 116 deals with pollution
control. The city attorney has advised staff that the Pollution Control Agency("PCA')has jurisdiction over both of those areas.
As indicated previously,staff sent a copy of the application to the PCA and has received no indication from the PCA that it has
any concerns over the proposed use. Nevertheless,the draft resolution includes a condition requiring the applicant to comply
with all governmental environmental regulations,including all applicable county and PCA regulations. Failure to comply with
those regulations can result in significant civil and criminal penalties.
inF dings
The criteria required for the granting of Conditional Use Permits(per City Code Section 11.85, Subd. 1)
are listed below. Draft findings are also provided for the Boards review.
Criteria#1 The use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and impair
property values within the immediate vicinity;
Finding#1: The Board has not received any evidence that the use will be injurious to the use and
enjoyment of other property in the vicinity, nor substantially diminish and impair property values within the
immediate vicinity, if conducted in accordance with proposed conditions. Specifically, by providing a
conservation easement over the bluff area, by limiting the operation to about 3.50 acres of the total site,
and by the orientation of the uses on the site, the applicant will have taken significant steps to reduce or
eliminate impacts to surrounding properties and persons.
Criteria#2 The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding vacant property for uses allowed in the area;
Finding#2: The Board finds that the establishment of the conditional use will not impede the normal
and orderly development and improvement of surrounding property.
Criteria#3 Adequate utilities, access roads, drainage, and other necessary facilities have been
or will be provided;
Finding#3: The Board finds that adequate utilities, access, drainage and other necessary facilities
have been or will be provided for the site.
Criteria#4 The use is consistent with the purposes of the zone in which the applicant intends
to locate the proposed use; and
Finding#4 The Board finds that the use is consistent with the purposes of the Highway Business
(B-1) Zone.
Criteria#5 The use is not in conflict with the Comprehensive Plan.
Finding#5 The Board finds that the use is not in conflict with the comprehensive Plan.
Alternatives
1. Offer a motion to approve Resolution No. 14-002, as presented.
2. Offer a motion to approve Resolution No. 14-002, as revised.
3. Offer a motion and direct staff to prepare a resolution to deny the Conditional Use Permit.
4.Table the item and request additional information from staff and/or the applicant.
Staff recommends approval of Resolution 14-002, subject to the following conditions:
1. Development of the site and equipment must not extend into any portion of the property that is
zoned for residential development.
2. Bunkers for storage and sales of landscaping supplies must only be adjacent to the berm on the
northeast portion of the property and is limited to an area of 20' x 150', consistent with the site plan.
Sales of material and the operation of equipment related to the sale of material must only take place
between the hours of 8:00 a.m. to 6:00 p.m and only on weekdays.
3. Screening of material from sweepers must not take place outside of the hours of 9:00 a.m.to 5:00
p.m. on weekdays and must comply with City Code and all other environmental regulations for
control of dust and containment of material.
4. Repair and servicing of vehicles or equipment must only take place within a building. If emergency
service of equipment takes place after 7:00 p.m., the service bay doors must remain closed.
5. The applicant shall comply with all Shakopee Fire Prevention Bureau regulations and MN State
Fire Codes regarding repair facilities and above ground fuel tanks.
6.The fuel tanks, dumpster for sweepings, and 3 storage containers must be enclosed on three sides
by an 8'tall maintenance free fence that screens the area from adjacent properties and streets.
The shipping containers are not to exceed 8'x8'x40' in size. The fuel tanks are not to exceed 1000
gallons in size. The roll off dumpster for sweepings is not to exceed 15 cubic yards in size.
7. All vehicles and equipment to be used after 7:00 p.m. equipped with back-up warning devices must
be stored in a location that allows for exiting the site without engaging the warning device.
8.A compliance inspection of the ISTS is required as well as an assessment on the estimated water
uses for the proposed business for this property. The assessment must include identification of all
waste water sources entering the SSTS including floor drains.
9.Any floor drains located within the building that are connected to the on-site sewage system comply
with Federal Class V requirements.
10.The applicant must receive a Solid Waste Facility License from Scott County Environmental Health
and provide a copy to the City of Shakopee. The applicant must comply with all requirements of the
license.
11. If required, the applicant must receive a Hazardous Waste Generator License from Scott County
Environmental Health for the vehicle and equipment repair portion of the business, and provide a
copy to the City of Shakopee prior to operation.
12.All trash handling must be contained inside the existing building, unless a trash enclosure that
meets City Code requirements is provided.
13. Repair and servicing of vehicles or equipment on the site must only be performed on vehicles and
equipment that are owned by the applicant.
14.The site must not have a public address system which is audible from any residential property.
15.Approved sign permits for any new signage is required.
16.A fence permit is required prior to construction of any fencing on the site.
17.A grading permit is required prior to construction of the proposed berm.The berms must not
encroach into any drainage and utility or conservation easements on the site.
18.Any berms on the site must have at least 6" of top soil that meets MNDOT Topsoil Borrow
requirements and be outside of drainage and utility easements or conservation easements.
19.6' tall Evergreen trees of varying species must be planted on the berm in a staggered pattern to
screen the site. The applicant shall work with the Natural Resources Specialist to determine
acceptable species and spacing for planting. Plantings placed within the Xcel Energy easement
must comply with Xcel requirements.
20. If a significant tree is removed from the site, the applicant must meet the City's Tree Management
Regulations requirements.
21. If construction equipment is going to be operated within 75' of trees that are to be preserved, tree
protection fence is required to be installed and maintained through the duration of the construction
activity. Invasive species in the wooded bluff area must be removed from the site at an appropriate
time determined by the Natural Resource Specialist.
22.The applicant must dedicate a Conservation Easement over the wooded bluff area at no cost to the
City by May 1, 2014.
23.Any additional exterior lighting provided on the site must meet City Code requirements.
24.The applicant shall obtain the necessary Grading Permits, Building Permits and Right-of-Way
permits prior to any future site improvements.
25. Failure to comply with these conditions will result in review and or revocation of the Conditional
Use Permit by the Board of Adjustment and Appeals.
Staff Recommendation
Approve Resolution PC14-002, a resolution approving the Conditional Use Permit request by Roger
Dvorak for Curb to Curb, Inc. for a landscape service/contractor operation, and exterior storage of
goods for sale at 1480 Third Avenue West.
Action Requested
Offer a motion to approve Resolution No. PC14-002, a resolution approving the Conditional Use Permit
request by Roger Dvorak for Curb to Curb, Inc. for a landscape service/contractor operation and
exterior storage of goods for sale in the Highway Business (B-1) zone at 1480 Third Avenue West, and
move its adoption.
Attachments: Location Map,
Applicant Narrative
Site Plan / Floor Plan
Concerns Provided By Resident
Environmental Health Comments
Legal Description for Resolution
Resolution No. PC14-002
,
Scott County, MN
to /
1495 06 � IYA / i
/
J /
1
/ ( 15TJ
/ J lot
/ ISM
i IeB] J �1
71Bm
V J e12
g7g / 1900
e27
RQ 01
e17 egg
a 74
OQ)� 1'725 171 / t� ' ao su
749tY 1m 1891 951 a51
m I972
814 (1115 841
19
1709 917 wa
17X1 gp
639 BAS M
1119 1m4 � �
N1 1ti
sos�t
1905Y leis 10 AV W
Property Information
Parcel ID:271120250 Bathrooms:I
Taxpayer Name:HELLER VICKY J Year Built:1997
Taxpayer Address1:965 STONEBROOKE OR Deeded Acreage:12.65
Taxpayer Address2:SHAKOPEE,MN 55379 GIB Acreage:12.86674
Property Address1:14803 AVE W Zoning Classi0callon:
Property Address2:SHAKOPEE MN 55379 Legal Description:SubdivislonName LONG
VIEW ESTATES 1STADDN Lot O-L Block
OOA SubdivlslonCd 27112&PIO VAC ADJ
HARRISON ST LYING 20P SE OF LOT I
School District:0 Plat Name:PLAT-27112 LONGVIEW I
Estimated Land Value:$650,000 Block:OOA I
Estimated Buildings Value:$50,000 Lot:O-L
Total Estimated Market Value:$700,000 Unique Well&Boring No.:00608296
Home Style:NIA Well Depth Drilled:160
Bedrooms:0 Well Dale Drilled:4/8/1999
II
I
This dreerhg is neither a legato seconded map sore survey and is real Map Seale N
Irdestlad lobed datasme. 10 deleting c is.ourty.anod odsonfloe
InimileiWbeusedas orre. In various car,cunly,oM Solleoords. and f inch=292 feet
,rer anurces erreaku the area shorm,and is to insured mrrererence W E
purposes only.san s melresponsible n ces re Ma Date
ardauetl.xdiscrepanmeamm i.plares.oaul-i'heSooll county werom oft.,
I/$I
1,}
1112512013 S
Roger Dvorak
R&N Dvorak,Inc/Curb to Curb, Inc
1480 3`d Avenue W
Shakopee,MN 55379
(612)418-3697 '
(952)405-2442 fax
November 20,2013
City of Shakopee
Board of Adjustment and Appeals
Community Development Department
Ref:the property located at 14803rd Avenue W„Shakopee,MN
Re:Conditional Use Permit Application Item#21-additional information for the CUPrequest
To Whom it May Concern, j
This letter is intended to provide additional information that might be helpful to the City of Shakopee
Board of Adjustment and Appeals or Planning Commission when reviewing the accompanying
conditional use permit request.
This is an informal letter,written In good faith,and expressing our intentions for improvement and use
of the property atthe above address.
About Curb to Curb,Inc
Curb to Curb, Inc was founded in Shakopee in 2002,and has built a management team with years of
experience in outdoor property maintenance.We are locally-owned and operated,and do not employ
sub-contractors.Curb to Curb,Inc has earned a reputation as the premier parking lot sweeping company
serving the Minneapolis-St.Paul metropolitan&suburban communities and south central Minnesota.
Curb to Curb, Inc works as a strategic partner to top property and facilities managers;our client portfolio
includes all classes of properties,such as office buildings, multi-unit franchises,apartment and
condominium complexes,business and industrial sites,as well as schools,entertainment venues,and
municipal roads.Target Corp has consistently rated Curb to Curb,Inc among the Top Ten vendors in its
nationwide ranking of quality service providers.
Hours of Operation and Services Performed
Curb to Curb, Inc offers a menu of property maintenance services including parking lot sweeping,lawn
care,snow removal,and ice mitigation.
Curb to Curb,Inc.Conditional Use Permit application
• Sweeping services are performed primarily on a fixed schedule,withtrucks departing between
9:00 p.m.and 9:15 p.m.,working overnight at client properties,and returning between 7:00
a.m. and 8:00 a.m.,seven nights a week.
• All vehicles,Including employee personal vehicles will enter and exit the facility through the P
Ave.W.entrance. Parking for employee and customer vehicles will be located directly in front of
the offices.(We do not typically schedule customer visits at our offices.)
• As our sweeper trucks are required to be fitted with back-up beepers,theywill be pre-
positioned to pull out of the facility in a forward direction to facilitate a quieter departure.
• Snow removal services are winter only. Minnesota weather often dictates our schedule and
client needs;we are prepared to dispatch equipment and crews 24/7/365.Lawn care services
are daytime only. j
I
• All of our fleet vehicles are subjectto MNDOT safety and emissions inspections.
Many of our operators carry a Class D commercial license,and all are subject to routine and
mandatory drug and alcohol screenings.
i
Outside Yard and Grounds
• There already exists some perimeter fencing along the property line shared with Link Lumber.It
is our Intention to erect interior fencing for security and aesthetic purposes.
(Proposed fencing Is Indicated on a map attached to this application.)
• Landscaped earthen berms are under consideration to Improve sightline aesthetics,and would
be constructed beyond the fenced-in areas facing Link Lumber, Hwy.69,and Harrison Street S.
I
• 3-(40')steel shipping containers will be placed in the yard to accommodate storage of lawn care
equipment and bagged ice melt.These are painted and kept locked.
• Some parked vehicles and occasionally-used equipment will be stored in the yard.
i
I
Buildings and Inside Usage
• Approximately one-third of the inside shop area will be used for general fleet maintenance and
repairs;the remainder will be used for equipment and supplies storage.
i
• Daily-use sweeper trucks will washed daily and stored inside the shop
• Office areas will be used by day time staff and management.
I
i
Curb to Curb, Inc.Conditional Use Permit application
Regulation and Site Inspection
o As a commercial services contractor working in the environmental sector,Curb to Curb, Inc is
subject to periodic inspections by city and state agencies including Scott County Health and
Human Services,and the Minnesota Pollution Control Agency.
We hope that this additional information that will be helpful in reviewing our conditional use permit
request,and will provide any other required information upon request.
Res ectfully,
Roger 2ralc
Shakopee, MN
i
I
I
� J I
a � �
o \
Od
to
9P �fxRtL` / um
d 0 t }
utst O r �
f
7+d7 t ten
I t t a2m
f t
f f
t�
1 QQ r t
r! ..! 1J78 1879 1ltl] N .BO bTJ
1�
I
113114 Cityof Sbalmpee Mail-Re:Curbta Crab Calcrtfmal Use Pera%t Application
it
:e7a:{Li::Cf.:`nn.t3vN:
i
Re: Curb to Curb Conditional Use Permit Application i
Mike Saxton <mikesaxton @hotmail.com> Thu, Dec 12, 2013 at 3:37 PM
To: Kyle Sobota<ksobota @ci.shakopee.mn.us> l
December 12,2013
Mr. Sobota
I provide the following comments as regards Curb to Curb's application for a conditional use permit
at 1480 3rd Ave;
Where on the application does it state that this is to be a waste processing,storage, disposal and
transfer station "facility "?( State Statute definition ) The proposed use of the property is listed as
landscape service and contractor. The description does not adequately describe the applicant's true
operation and does not list the use as a waste facility. By state statute definition they are not
a "contractor" but a collector, processor, storer and transporter of solid waste which is mixed
municipal, industrial and or hazardous. The type of conditional use permit requested is listed as"
landscape and contractor services exterior storage of goods for sale". However,there is no mention
of being a Minnesota Statute described waste facility which collects, processes stores, disposes and
transports solid waste.Where on the site plan are the street sweepings to be unloaded, stored,
processed, loaded, disposed of, and transferred? This area must have an impervious surface to
protect the land and water table from toxins and carcinogen penetration into the pervious rock
and water table just below the surface which is not designated on the site plan. The surface must be
cleaned with water daily to protect the atmosphere from air pollution(dust). The area should be
segregated from that area dedicated to the "landscape" portion of the business ( which is
designated on the site plan) to prevent contamination of the landscape materials. ( State statute
does not allow the reuse of street sweepings in areas of human contact particularly yards and I
children's play areas). The equipment if used to support both businesses must be cleaned after
being used in the street sweeping loading and or unloading aspect of the business priorto being
used for loading and or unloading landscape materials to prevent contamination.The street
sweeping storage piles must be watered down during the sifting process ( processing )to protect
the atmosphere from air pollution. All vehicles must be cleaned with water daily to prevent
atmospheric contamination. The vehicles according to the application will be stored in the "shop"
but where will they be cleaned and is the "shop" large enough to accommodate all of the transport, I
plowing and sweeping vehicles? Where are the provisions for storm water and site drainage .t
retention and treatment of the contaminated water and sediments. No location for the construction
of a water retention and treatment area ( retention and treatment pond ) are designated on the site
plan ( All runoff from natural water(rain) and from water used to prevent and or reduce dust and
particulates from being released into the atmosphere must be captured and treated before the
water is allowed to be discharged into the storm water management system. The storage piles
both sweepings and landscape materials ) must be covered to prevent cross contamination and
storm water runoff from reaching each other and the storm water management system prior to !
capture and treatment on the site.)
h*sJ/mell.google.corrym IlMi=2&ilFlf4aD325bd&tiev pi&q=salon&pslze=20&prrr=100&.pdr=50&search=apps&rrsg=142e9462ea2B7d7 113
113!14 Ciyof Shalopee Mail-Re.Curbto Curb Conditional Use Pe MtApolcatim
I
The added information that Mr. Dvorak provided states that Curb to Curb is a commercial services !
contactor working in the environment sector and is subject to inspection. They also provide
Industrial and EPA, MPCA site cleanup services, however, no mention of that is made. Where are i
the provisions for protecting the land, soil, water table, storm water management system and
atmosphere from hazards resulting from the" facilities" operation which includes collection, storage,
processing, and the transfer of industrial and hazardous material from EPA and MPCA hazardous
cleanup sites? Mr. Dvorack does however state, in this addition,that he is operating a" facility".
By definition Contractors do not operate facilities and landscapers don't collect, process, store and
transport solid waste.Therefore, by Mr. Dvorak's own definition his business is outside that
allowed under the current zoning as amended. No mention is made of storage provisions for
pesticides,fertilizers, herbicides and salt( either to be spread or collected only bagged) No used
equipment should be stored. All equipment should be required to be in use not storage.
This business will generate a great deal of noise pollution. Mir. Dvorack's statement that the trucks
�I
will be pre-positioned to pull out of the "facility" in a forward direction is insufficient in addressing
the noise pollution concerns. White noise indicators should be required to replace the backup
indicators on all transport, loading,snow plowing and street sweeping vehicles. The hours of
operation outlined within the application should be restricted, on the site,to those hours as listed
but modified to change the hour of return to the site to between 9 a.m.to 10 a.m. instead of 7
a.m. to 8 a.m. The hours of operation must be strictly enforced. The hours of operation at the site
should not be modified to accommodate dispatch of snow plowing equipment listed in the
application as 24/7/365.
Finally, a review of Curb to Curb Ines web site,which I will e-mail under separate cover, will
provide insight as to the true nature of their operation ( solid waste facility) and the potential for
pollution of the environment due to their business activities which include loading, storing and i
processing mixed municipal solid, Industrial and hazardous waste in extremely high concentrations,
provision for which have not been adequately outlined in the application or its site plan and do not
conform to the existing zoning as amended.
If you have any question regarding the Minnesota Statute sites, definitions and or required
provisions please feel free to contact me at 612-644-0095. All of the information listed above was
obtained from State statute and or various governmental departments charged with licensing and or
inspection responsibilities.
Sent from Windows Mail
From: Kyle Sobota
Sent:Thursday, December12, 20131:25PM
To:mlkesaxton @hotmail.Com
Cc:Michael Leek,Mark McNeill
Good Afternoon---
Attached are the materials submitted with the application for Curb to Curb's Conditional Use Permit. j
If you have questions, please feel free to contact me. j
htipsl/meil.goog le.corrdmaliNi=2&ik=ff4a0325bd&�iev,=pt&q=sa#on&psize=2D&pmr=100&pdr=50&search=app9&msg=142e9462ea2187d7 213
113714 Cltyof Shalmpee Mall-Re:Curb to Ct bCmditlord Use PernitApplicallm
Kyle Sobota
Senior Planner, City of Shakopee
i
129 Holmes Street South l
Shakopee, MN 55379
(952) 233-9349, Fax: (952) 233-3801
I
I
i
I
i
i
I
htipsJ/mail.goog lemma ilnui=2&ilFf4a0325bd&\i apt&q=ssAm&psize=204M=100&pdr-5D&search-apps&ms9=142e9462MABW
I
fso SCOTT COUNTY
COMMUNITY SERVICES DIVISION tt ENVIRONMENTAL HEALTH & INSPECTIONS
200 FOURTH AVENUE WEST
SHAKOPEE, MN 55379-1220
(952)496-8473 Fax: (952)496-8496
Website: www.co.scou.naus
MEMORANDUM
TO: Kyle Sobota, Project Manager
FROM: Steve.Steuber, Environmentalist II
DATE: December 20, 2013
I
SUBJECT: CUP for Landscape/Contractor Service with Exterior Storage
City of Shakopee - PID 27-110025-0
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: This assessment must include identification of all waste water sources entering the
SSTS including floor drains. This requirement for a compliance inspection is addressed in i
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 are also recommending that any floor drains located within the building that are connected
to the on-site sewage system comply with federal Class V requirements.
i
Based on the information provided, a business that will be bringing street sweepings back to
the site for storage, processing (screening of material), and transfer of waste would require a
solid waste facility license from this Department.
An Equal Opportunity/Safety Employer
I
RESOLUTION NO.PC14-002
A RESOLUTION OF THE CITY OF SHAKOPEE
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A LANDSCAPE SERVICE
I CONTRACTOR AND EXTERIOR STORAGE OF GOODS FOR SALE IN THE
HIGHWAY BUSINESS(B-1)ZONE AT 1480 THIRD AVENUE WEST
WHEREAS,the City of Shakopee received an application from Roger Dvorak,applicant
and R&N Dvorak,Inc.property owner,for a Conditional Use Permit to allow vehicle sales and
service and exterior storage; and
WHEREAS,the property for which the application was made is legally described as
follows:
See Attached Legal Description
WHEREAS,proper public hearing notices were sent,published and posted,and on
January 9,2014 a public hearing was held on the requested Conditional Use Permit before the
Board of Adjustment and Appeals (BOAA).
NOW,THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT
AND APPEALS OF THE CITY OF SHAKOPEE,MINNESOTA, that it adopts the
following findings relative to the request for Conditional Use Permit.
CUP Criteria and Proposed Findings:
Criteria#I The use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted,nor substantially
diminish and impair property values within the immediate vicinity;
Finding#1: The Board has not received any evidence that the use will be injurious to the use and
enjoyment of other property in the vicinity,nor substantially diminish and impair
property values within the immediate vicinity if conducted in accordance with
proposed conditions. Specifically,by providing a conservation easement over the
bluff area,by limiting the operation to about 3.50 acres of the total site,and by the
orientation of the uses on the site,the applicant will have taken significant steps to
reduce or eliminate impacts to surrounding properties and persons.
Criteria#2 The establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding vacant property for
uses allowed in the area;
Finding#2: The Board finds that the establishment of the conditional use will not impede the
normal and orderly development and improvement of surrounding property.
Criteria 03 Adequate utilities,access roads,drainage,and other necessary facilities have
been or will be provided;
Finding#3: The Board finds that adequate utilities,access,drainage and other necessary
facilities have been or will be provided for the site.
Criteria#4 The use is consistent with the purposes of the zone in which the applicant
intends to locate the proposed use; and
Finding 44 The Board finds that this use is consistent with the purposes of the Highway
Business(B-1)Zone.
Criteria#5 The use is not in conflict with the Comprehensive Plan.
Finding 45 The Board finds that the use is not in conflict with the Comprehensive Plan.
BE IT FURTHER RESOLVED,that the Conditional Use Permit to allow a Landscape Service
/Contractor and Exterior Storage of Goods For Sale is approved subject to the following
conditions:
1. Development of the site and equipment must not extend into any portion of the property that
is zoned for residential development.
2. Bunkers for storage and sales of landscaping supplies must only be adjacent to the berth
on the northeast portion of the property and is limited to an area of 20' x 150', consistent
with the site plan, Sales of material and the operation of equipment related to the sale of
material must only take place between the hours of 8:00 a.m. to 6:00 p.m and only on
weekdays.
3. Screening of material from sweepers must not take place outside of the hours of 9:00 a.m.
to 5:00 p.m. on weekdays and must comply with City Code and all other environmental
regulations for control of dust and containment of material.
4. Repair and servicing of vehicles or equipment must only take place within a building. If
emergency service of equipment takes place after 7:00 p.m., the service bay doors must
remain closed.
5. The applicant shall comply with all Shakopee Fie Prevention Bureau regulations and MN
State Fire Codes regarding repair facilities and above ground fuel tanks.
6. The fuel tanks, dumpster for sweepings,and 3 storage containers must be enclosed on three
sides by an 8' tall maintenance free fence that screens the area from adjacent properties and
streets. The shipping containers are not to exceed 8'x8'x40' in size. The fuel tanks are not to
exceed 1000 gallons in size. The roll off dumpster for sweepings is not to exceed 15 cubic
yards in size.
7. All vehicles and equipment to be used after 7:00 p.m. equipped with back-up warning
devices must be stored in a location that allows for exiting the site without engaging the
warning device.
8. A compliance inspection of the ISTS is required as well as an assessment on the
estimated water uses for the proposed business for this property. The assessment must
include identification of all waste water sources entering the SSTS including floor drains.
9. Any floor drains located within the building that are connected to the on-site sewage
system comply with Federal Class V requirements.
10. The applicant must receive a Solid Waste Facility License from Scott County
Environmental Health and provide a copy to the City of Shakopee. The applicant must
comply with all requirements of the license.
11. If required, the applicant must receive a Hazardous Waste Generator License from Scott
County Environmental Health for the vehicle and equipment repair portion of the
business, and provide a copy to the City of Shakopee prior to operation.
12.All trash handling must be contained inside the existing building,unless a trash enclosure
that meets City Code requirements is provided.
13. Repair and servicing of vehicles or equipment on the site must only be performed on
vehicles and equipment that are owned by the applicant.
14.The site must not have a public address system which is audible from any residential
property.
15. Approved sign permits for any new signage is required.
16. A fence permit is required prior to construction of any fencing on the site.
17. A grading permit is required prior to construction of the proposed berm. The berms must
not encroach into any drainage and utility or conservation easements on the site.
18. Any berms on the site must have at least 6" of top soil that meets MNDOT Topsoil
Borrow requirements and be outside of drainage and utility easements or conservation
easements.
19. 6' tall Evergreen trees of varying species must be planted on the berm in a staggered
pattern to screen the site. The applicant shall work with the Natural Resources Specialist
to determine acceptable species and spacing for planting. Plantings placed within the
Xcel Energy easement must comply with Xcel requirements.
20.If a significant tree is removed from the site, the applicant must meet the City's Tree
Management Regulations requirements.
21. If construction equipment is going to be operated within 75' of trees that are to be
preserved, tree protection fence is required to be installed and maintained through the
duration of the construction activity. Invasive species must be removed from the site at a
time deemed appropriate by the Natural Resource Specialist.
22. The applicant must dedicate a Conservation Easement over the wooded bluff area at no
cost to the City by May 1,2014.
23.Any additional exterior lighting provided on the site must meet City Code requirements.
24. The applicant must comply with all state,federal,and county environmental regulations.
25. The applicant shall obtain the necessary Grading Permits, Building Permits and Right-of-
Way permits prior to any future site improvements.
26. Failure to comply with these conditions will result in review and or revocation of the
Conditional Use Permit by the Board of Adjustment and Appeals.
Adopted by the Shakopee Board of Adjustment and Appeals on the 9th day of January,2014.
Chair of the Board of Adjustment&Appeals
ATTEST:
R.Michael Leek, Community Development Director
PREPARED BY:
City of Shakopee
129 South Holmes Street
Shakopee,MN 553379
i
Outlot A,Long View Estates I"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 corner 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 Outlet A,in said plat of Long View
Estates I't 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.
If Commissioners have any comments, concerns or questions,they should contact the staff
Project Manager rip or to the scheduled meeting date. Also, if you are for any reason unable to
attend the meeting, please call the Community Development Department(952) 233-9300as soon
as possible. Thank youl
TENTATIVE AGENDA
Shakopee Planning Commission
Regular Session 7:00 p.m. January 9, 2014
LOCATION Council Chambers City Hall 129 Holmes Street South
Chair Kent Robbins Presiding
1) Roll Call
2) Approval of Agenda
3) Recognition by Planning Commission of Interested Citizens.
4) Minutes of Decembver 5, 2013.
5) Other Business
6) Adjourn
14.If proposing an amendment to the text of the Zoning Ordinance,which provision?
15. Appeal to City Councilor Board of Adjustment&Appeals C 6Un C i
16.Request for Appeal of Which Portion of the Zoning Ordinance:
Section 11 .3(0,Page Q (Zd 10.0 -0 $7(p H 111£�ts�
aUb 3 l�cu,�y., (_vend•5 c.�e S�,u,.Q. ,
I7.Type of Conditional Use Permit requested:
18. Variance requested to: rtivv3
19. Variance dimension requested:
20. Please describe the undue hardship that exists that is unique to the site which necessitates the
request for a variance:
21.Please provide any additional information that would be helpful for the Board of Adjustment
and Appeals or Planning Commission when reviewing this request:
22. Does the request meet the criteria necessary to grant approval(please refer to the
informational
lumdout)7
23. Torrens Property(Yes or No)
24. Have Park Dedication Requirements been met? No Yes_(If yes,when?)
Submitted this l()"-' day of;p ' 20r4.
nts
Ir
Property Owners Signature
ozautL 15 t Ccr�tz>A � YL, �d wzLIL
\PcQ-t-tcw o} -CA jPyt0jUYCTT —f-rR CDnAJU�trt S �yt�9-
tn, s
iv t SL'aLrnq whnt(_In Cpb J`
Scx)d U)10%a -ro kL s-trod �Pvtocp E3 u� an s-tm�� FYM -0 5! �, 1
i
'--nnX: 5 fto-- PN V rL-�vU,t t-L'a Ck 66VA URD L' uaQ. , !
Tf,&`CvL, Q,� (0 ( ec 5eL-�� 12 . 36 F ' g�fj bL�,RV� �g
�jtlocl� �, � rav � v c6-9- a�C,�,-awl, ( ND 7 t
, g
Gcn vpl-
�� y
Ir�GGyiP67.,AVA
�^��ittiCa '�1aJU
Lk)Z7
-A-J � 111a lrt"tR• D�
,Lt-CPS ,r+ac„a core
wln�Llnh l oopL.
o tL
i c C� C,>C s, -cutYL �L2f
U�- L) CCP-
d a 173 - cnYv gLLpu�
DiC
�t ► 5 vav t l 5 "C1 Q tiY?� �
oa f
r 5 � �
� Z.b6t-titL� C�d2-c� l�tk� � '7
Z�btU�irU U6Y-L C- optrllac)
Ccq _ \XLl t cYl l 5 81J t
IP �� -Cat! U� 0 R
COO I (AP L)
15 ur) k (i
?D%-an.tl CDC U'tCtuUeJ:ldJ UX>wL A bL eNV4C Ce'l'- �
RESOLUTION NO. 7409
A RESOLUTION OF THE CITY OF SHAKOPEE DENYING THE APPEAL BY MR
MIKE SAXTON OF THE BOARD OF ADJUSTMENT AND APPEALS APPROVAL OF
RESOLUTION PC14-002.
WHEREAS,Roger Dvorak made application on November 20, 2013 for a Conditional Use
Permit for a Landscape/Contractor Service and Exterior Storage of Goods For Sale on property
located in the Highway Business (B-1)Zone; and
WHEREAS,Landscaping services and contractors, and exterior storage of goods for sale
are conditional uses in the portion of the B-1 Zone where Mr. Dvorak's business would be located;
and
WHEREAS, the Board of Adjustment and Appeals held a public hearing and reviewed Mr.
Dvorak's Conditional Use Permit applications at the Board's January 9, 2014 meeting; and
WHEREAS, the Board adopted Resolution No.PC14-002, a resolution approving both of
Mr. Dvorak's Conditional Use Permit applications subject to 26 conditions; and
WHEREAS, City Code Section 11.90, Subdv. 2 allows for an appeal to the City Council of
the Board of Adjustment and Appeals decision within 10 days of the Board's decision; and
WHEREAS, Mr.Mike Saxton filed an appeal of the Board's decision on January 10, 2014
on the basis that Mr. Dvorak's business is not an allowable conditional use in the B-1 Zone; and
WHEREAS,the City Council heard the appeal at its meeting on January 21,2014; and
WHEREAS,the City Council has reviewed the materials related to the Conditional Use
Permits.
NOW,THEREFORE BE IT RESOLVED that the City Council of the City of Shakopee
adopts the following findings of facts and conclusions relative to this matter:
FINDINGS
1. City Code Section 11.36, Subdivision 3 (Conditional Uses) allows landscape services
and contractors as a conditional use in a specified area of the B-1 Zone.
2. The property subject to Mr.Dvorak's Conditional Use Permit requests is within the
specified area of the B-1 Zone.
3. Mr.Dvorak's business, Curb to Curb, Inc.,performs the maintenance of properties
including the activities of sweeping of streets and parking lots, lawn mowing and
maintenance, and snow plowing.
4. The dictionary definition of"contractor" is"a person who is hired to perform work or to
provide goods at a certain price or within a certain time."
5. Mr.Dvorak's business meets the above definition of a"contractor."
438274v2 JJT SH 155-332 1
6. Mr. Dvorak's business also provides landscaping services.
7. The goods to be stored outside, such as screened fill, mulch,and other landscape
supplies, related to Mr. Dvorak's business will be offered for sale on the site.
CONCLUSIONS
1. Mr. Dvorak's proposed use comes within the meaning of"landscaping services and
contractors" as that term is used in City Code Section 11.36, Subdivision 3 (Conditional
Uses).
2. The goods to be stored outside on the property will be available for sale.
3. Mr. Dvorak's business is a conditional use in the portion of the B-1 zone where the
property is located.
BE IT FURTHER RESOLVED,that the appeal of the Board of Adjustment and Appeals
Approval of Resolution No.PC 14-002 is denied and that the Board's decision is affirmed in all
respects.
BE IT FURTHER RESOLVED,that the findings adopted by the Board of Adjustment and
Appeals are incorporated by reference into this Resolution.
Passed in regular session of the City Council of the City of Shakopee, Minnesota held this
day of January, 2014.
Brad Tabke,
Mayor of the City of Shakopee
Attest:
Julie Linnihan, City Clerk
438274v2 HT SH155-332 2
PRESS RELEASE
November 18th,2013
The City of Shakopee will at their November 19,2013 meeting consider a staff recommendation for a text amendment to their
business zoning for an area along Hwy 69 between 101h Avenue and the railroad bridge located to the north to allow
nonconforming user activities within the designated business zoning(bl)areas. The text amendment will in particular allow
Curb to Curb,a privately held business,to operate a street sweeping,auto maintenance and auto painting operation on the
subject property located at 1480 3d avenue.The auto painting business was and may currently be conducting business at this
location in violation of the city ordinance. The city has over the years demonstrated that it is woefully inept at addressing
these and other user activity violations in this area of the City.The past history and current activity associated with the subject
property is but another example of the city's inability or unwillingness to address these nonconforming user activities. The
vast majority of the community immediately surrounding the subject property have signed a petition to signify its opposition
to the City s efforts to approve the applicant's use of the property through the use of a zoning modification or text
amendment. Further research into the city staff and officials insistence on accommodating this user is pending and might be
of particular interest.
The immediately surrounding community members have concerns relative to the noise generated by this 24 hour per day
business, however,of special concern is research that has revealed that street sweepings contain heavy metals,petroleum,
hydrocarbons,PAH's, Phthalates, bacteria,chromium,zinc,chlorides,pesticides, herbicides and metal acetates.
(www.deldot.gov/starmwatrer/pdfs/walc)These sweepings which contain the listed toxins,particularly the PAH's,have been
classified as industrial waste and have been deemed to be unusable for soil where humans will come in contact with them. Of
particular concern is the PAH's(polycyclic aromatic hydrocarbons)which Include a component which is a cancer causing
carcinogen. The PAH's are created by the incomplete burning of gas and oil and are swept into the sweeper hoppers along
with the other particulates outlined above.The carcinogen component evaporates into the air and attaches to air particles
which are distributed by wind to surrounding areas contaminating the air. These carcinogens could also seep through soils
and porous rock(limestone in this case)to contaminate surrounding waters. The site proposed is located next to an existing
water retention pond and within 1/8 mile of the Minnesota River.
The aforementioned research was conducted by Marian Walch P.H.D.for the Delaware Department of Transportation and
concluded that many state,county and city restrictions and regulations are limited and that legislation does not currently exist
in most cases to regulate or address the problems which could jeopardize human health. The Minnesota Pollution Control
Agency has determined that these sweepings must be screened and once screened can NOT be used in human contact areas
i
with an emphasis on child contact areas. The association of street sweepers has countered various state, county and city
restriction and regulation efforts by establishing a web site to assist its members in addressing community concerns. The sites
address is www.worldsweeper.com and provides a new perspective as to problems that have been realized in the conduct of
these businesses and their member's efforts to avoid and resist the establishment of rules,regulations and restrictions to
protect the public-
For Further information, please contact Mike Saxton:
612-644-0095 mike @chofamerica.com
I
November 13,2013
The Honorable Mayor and City Council members
City Hall
City of Shakopee,Minnesota
Gentlemen;
My name is Michael Saxton and I am the owner of Cottage Homesteads of America and numerous
Limited Liability Companies. To date,my companies have developed,constructed and sold three
communities located within the City of Shakopee. The subject of this letter is associated with the
negative impact that the proposed use of the business zoned property adjacent to the Riverplace project
would have on the project,the surrounding residential area and the residents therein. Roger Derrick,
my partner,was intimately involved with the planning,development,construction and sale of the
Riverplace project. One of the units was sold to one of my partners and I am currently a tenant at 1901
10'h Ave. So,while I have a professional interest in this issue, (my company has repurchase options with
some of the unit owners) I also have a personal interest. Mr.Derrick expressed to me on numerous
occasions his difficulty in getting the City of Shakopee and the Township of Jackson to address non
conforming activities on the business zoned properties along Hwy 69 between 10 th Avenue and the
railroad bridge. The users would have been nonconforming had it not been for the grandfather clause
enjoyed by the companies. However,some of the activities of most of the businesses along this corridor
were non-conforming as was recently demonstrated when the City initiated a legal action against one of
the users. The Riverplace Association which is comprised of 20 unit owners within the Riverplace
project has gone on record in the past and is once again opposing these"non-conforming activity"users.
The association was actively involved in working with City and County officials as recently as last year
when a joint project to upgrade the Hwy 69 corridor was constructed. Having been deemed as a pain in
the a employees and officials of the public agencies have made numerous promises to the
residents without ever implementing them. (The promise to plant trees to screen the area exposed by
the removal of numerous 50-100 year old trees to accommodate the unnecessary increased setback of j
the construction of a walkway along the eastern side of 69 and the promise to support the construction I
of noise screening along the corridor to mention two) Some months ago,the subject applicant made an
i
application to the City to rezone the property to light industrial which the City staff and community
opposed. Thankfully,the Council upheld their recommendations.The issue of non-conforming activities
was once again revisited and community development officials stated that the City was to become more
active in addressing these concerns. Recently the applicant has returned and once again requested a
zoning change. We understand that the staff has recommended denial,however,we are also made to
understand that they are recommending support of the non-conforming proposed user through the use
of what is termed a"text modification". Furthermore,they propose that the"text modification" be
expanded to all business zoned areas along both sides of the Hwy 69 corridor from le Ave to the
railroad bridge.We believe that this action is being taken to allow the non conforming activities to
continue due to the less than stellar outcome of the city's recent legal action against one of the users.
Returning to the impact of the proposed user on the surrounding residential owners and tenants,the
staff believes that the trees located on the subject property are sufficient to block the visual and sound
pollution which the proposed user will generate. We are made to understand that the user will be
operating large trucks and equipment 24 hours/day-year round. The dust and noise generated by large
trucks backing up to load and unload equipment and materials will not be sufficiently screened in the
summer months let alone the winter when the foliage that is to screen the site is riot on the trees. We
believe that this use is unacceptable in this business zone which is adjacent to so many residential users
as it will have a deleterious effect on the residential property values in the area while insulting in no
increase in the subject properties tax value In that the improvement proposed do not contribute
substantially to the tax evaluation of the property. Additionally,we understand that no new taxes will
be generated in that the property owner already pays taxes associated with the properties current I
business use. While we acknowledge that the propert y is zoned business,we believe the best use of
the property would be moderate density residential. My company has explored the feasibility of
constructing additional cottages for rental on the subject property,however,the owner would like to i
maximize the dollars that he can obtain from the sale of the property and therefore the non-conforming
use and or rezoning request are the result.
Please be advised that we the signatures representing the surrounding properties on the attached
petition oppose any zoning change,variance or text modification to allow a non conforming use to
relocate and perform the non conforming activities on this and all of the other business zoned sites in
the subject corridor. I have personally circulated the attached petition to advise the council of the
surrounding community s opposition to such action.
Finally, I want to bring to your attention what I have learned relative to the issue of the City staffs
conformance to policies which have been established to insure that the public has an opportunity to
appear and comment on proposed land use issues at public hearings duly held for such purpose. I
testified at the public hearing that I knew of numerous individuals,myself Included,who did not receive
the required notifications relative to the public hearing because the addresses being used by the title
and abstract companies responsible for generating the contact list were three-five years old. The staff
testified that they were more concerned with adherence to the policies than that the public located
within 350 feet of the property might have not been notified. I am concemed that when city staff and
officials,given the responsibility and privilege to serve the public,are more concerned with their
adherence to policies than to the service that they have the privilege to provide,the public is not served.
I believe that the public would have been best served if upon notification of a notice issue the public
hearing would have been continued. However,the staff and your commission acted to hold and close
the public hearing which in my opinion was contrary to public purpose and possibly contrary to state
statute and city ordinance. i advised the community director of my concerns and was told that he would
consult with the city attorney in this regard. However,regardless of the city attorney's opinion I
believe the public was not best served by the staff and commissions action.
Respectfully submitted;
Michael W.Saxto
� I
I
We the below referenced owners of the properties listed on this petition located within 350 feet of the
subject property being proposed for a rezoning and or text amendment to allow anon conforming user
to conduct business, have signed this petition to signify our opposition to the City Council approving
any zoning change,variance ortext modification which would allow a nonconforming use or user
activity to locate and perform any and all non conforming activities on this and all of the other business
zoned properties in the subject corridor located along Hwy 69 from 10`h Ave W to the railroad bridge.
Date Printed Owners name Owners address J { e si natur
/(, ia/1a
I I ZI dAW L'Q-A r4jZO /�07 /0 -p4 g-A� k1 °
IS' 90 ' a o e4l h _0.rsori hve f�r��o Q,r re ams acre
1
13
1
lcith AU. CU
C�.3•t4.) C<.�
yt �
S et &- 1512 W
��re-Trycr7h ,sre�rs�M
,s Ca re)/ Gay to r7ya +ti G1 ,� ;�
ii 115 0u11& 7'LLYL_ rl I -74� -4�
11 ' ��E}�y •j a 6 LSPAJ 1737 �n�QtJ2 l t)
Ilk 7L;, 95 2k
l,ll� �eec. uT�mow, (l 13 G��9Lt, (,✓
I
We the below referenced owners of the properties listed on this petition located within 350 feet of the
subject property being proposed for a rezoning and or text amendment to allow a non conforming user
to conduct business, have signed this petition to signify our opposition to the City Council approving
any zoning change,variance or text modification which would allow a non-conforming use or user
activity to locate and perform any and all non conforming activities on this and all of the other business
zoned properties in the subject corridor located along Hwy 69 from 10'Ave W to the railroad bridge.
Date Printed Owners name Owners address
/ �'E' 5/ r L,� �� ers si
1 gn re
Qb J 2dD ✓ �D f"C yt , {
�(F& tearsC/c c, o7�Of t0'141e it-) I
1D & - 0103 td Id Avw—
er
e-, zla tz� ✓�— cJ
C m .�
��
es Vi y 2167 l��ue w
;! l� -Llly AAcllpfA-ARN- 9aap 1614
r
&061Jeek 1 tp�lD ( th u o
ViL 6b 6;44
t�lrrp
_-17d o .p LJ
1t S�c�vi icc� tl ( 1f7 A,e 11 ,
L1 1� '�1 (t � J 500t �IngLi(nu�yr U,�
G of SHpia.�cQ_.
I
We the below referenced owners of the properties listed on this petition located within 350 feet of the
subject property being proposed for a rezoning and or text amendment to allow a non conforming user
to conduct business, have signed this petition to signify our opposition to the City Council approving
any zoning change,variance or text modification which would allow a non-conforming use or user
activity to locate and perform any and all non conforming activities on this and all of the other business
zoned properties in the subject corridor located along Hwy 64 from 10x'Ave W to the railroad bridge.
Date Printed Owners name Owners address Owners signature
(C- 11 rF lJ e ui�>S l
t 6 7 (.4ft
ILL W, (i G Y r
/lr� i
1 Lck IAr(A g - Le A i,- uw
ZybY_U ,
i
!�
j% •/� Q�.ai� L�-xEi1�f� — i Sl�� � � �-C Cam' �, �(