Loading...
HomeMy WebLinkAbout12.A. Proposed Text Amendment to City Code Section 11.44, Subdv. 3.-Res. No. 6725 iz.~; CITY OF SHAKOPEE Memorandum CASE NO.: 07-064 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kyle Sobota, Planner I SUBJECT: Proposed Text Amendment to City Code Section 11.44, Subdv. 3. MEETING DATE: January 15, 2008 INTRODUCTION Ryan Contracting has filed a zoning text amendment application to allow temporary housing for seasonal employees in camper trailers and recreational vehicles as a conditional use on their property at 8700 13th Avenue East. The proposed amendment is as follows. R. Temporary residences in campers and Recreational Vehicles for seasonal employees. DISCUSSION The text amendment process was initiated by Ryan Contracting after city staff received a complaint that employees were living in campers at the property. The attached letter was sent to Ryan Contracting notifying them that temporary residences for seasonal employees is not an allowed use in the Light Industrial Zone. An application for a zoning text amendment was received on October 4, 2007. City staff explored the zoning ordinances for other communities and spoke with planning staffs to see if this use was allowed in their city. The cities surveyed include Burnsville, Chanhassen, New Brighton, Rosemount, Apple Valley, Savage, and Chaska. It was found that this use is not allowed as a permitted or conditional use in any of the cities surveyed. City staff believes that it would be difficult to ensure safety of the workers using the trailers and RVs from fire and severe weather. Attached are requirements from the Minnesota Department of Health outlining standards for campgrounds and manufactured home parks, as well as specific concerns brought forth by the Fire Inspector. The concerns of staff involve distance to a storm shelter, and availability functioning smoke detectors and fire extinguishers. The City of Shakopee has several employers that utilize substantial numbers of seasonal employees, such as Valley Fair, Canterbury Park, Minnesota Roadways, Northwest Asphalt, and Valley Paving, and others. Allowing temporary housing in campers for seasonal employees as a permitted or conditional use would likely lead to several requests. A concern of city staff is visual appearance of trailers and campers that maybe in poor condition. It would be difficult for city staff to impose or enforce standards of maintenance and appearance of the trailers and RVs used. With the growth of the City in recent years, staff believes this is not a use that is compatible in any of the zoning districts. The zoning ordinance for the Light Industrial Zone states, "The purpose of the Light Industrial 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 uses." Staff views the use of campers and RVs as temporary housing as something that would be in conflict with the purpose of the zone and would not be compatible with surrounding land uses since there are areas zoned Light Industrial that directly border residential zones along 4th Avenue, 13th Avenue East, and Boiling Springs Lane. PLANNING COMMISSION RECOMMENDATION At the January 3, 2008 meeting, the Planning Commission unanimously recommended that the City Council deny the proposed text amendment by a 7-0 vote. ALTERNATIVES 1. Offer a motion to approve the attached resolution, denying the proposed text amendment. 2. Direct staff to prepare an ordinance and conditions for the Council's review. 3. Table a decision and request additional information from staff and/or the applicant. STAFF RECOMMENDATION Staff recommends Alternative 1. ACTION REQUESTED Offer a motion to approve the attached resolution, denying the roposed ext amendment. Kyle Sobota Planner I RESOLUTION NO. 6725 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA DENYING A ZONING TEXT AMENDMENT REQUEST TO ALLOW HOUSING IN CAMPERS AND RECREATIONAL VEHICLES FOR EMPLOYEES IN THE LIGHT INDUSTRIAL (I-1) ZONE WHEREAS, Ryan Contracting, Co., has made application for a zoning ordinance amendment to allow temporary housing in campers and Recreational Vehicles for employees ;and WHEREAS, the Shakopee Planning Commission conducted a public hearing on the zoning ordinance amendment on January 3, 2008; and WHEREAS, all required public notices regarding the public hearing were posted and sent;. and WHEREAS, the Shakopee Planning Commission has recommended denial of the requested zoning ordinance amendment based on the findings below; and WHEREAS, the City Council reviewed the text amendment request at its meeting of January 15, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that it adopts the following findings of fact relative to the requested zoning ordinance amendment: Finding A: The original zoning ordinance is not in error; Finding B: significant changes in community goals have not taken place; Finding C: significant changes in City-wide or neighborhood development patterns have not occurred; Finding D: the comprehensive plan does not require a different provision. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Ryan Contracting, Inc. text amendment request for temporary housing for employees in campers and Recreational Vehicles is hereby denied: Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2008. Mayor of the City of Shakopee ATTEST: City Clerk CERTIFICATION OF RESOLUTION NO. 6725 I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. 6725, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the day of , 2008, as shown by minutes of the meeting in my possession. Dated this day of , 20 , Judith S. Cox City Clerk SEAL 0 CONTRACTING CO. DEVELOPING YOUR WORLD October 1, 2007 C~~~~D Q ~ City of Shakopee Kyle Sobota/Planning Department 129 Holmes Street Shakopee, MN 55379-1351 Dear Kyle, Ryan Contracting Company (RCC), based on your letter dated August 8, 2007, became aware of a past practice that is not in compliance with City Code. We are respectively requesting a Zoning Text Amendment to resolve this issue. RCC relocated its corporate headquarters from Burnsville to our present location in Shakopee in 1994. ~~`e are a utility, grading, and road building company engaged in interstate commerce. We work primarily in the Mid-West and our woa•kers are seasonal. We have over 120 employees from throughout the region. Because our employees travel long distances to job sites throughout the region, many of them awn motor homes and travel trailers that they stay in at the job site. This is a commgn practice in our industry-~. On occasion, when they are working in the metro area, they do stay in our yard. The yard does have electrical hookups that were constructed when our facility was built in 1994. Shower and restroom facilities are available in our building. This practice is critical to the operation of our business. We appreciate your consideration in ~-4~~a~-ti to the matter. If you have any questions, concei7~s, or need additional informatio~a please let me know. Sincerely Bi11 Forbord Safety, Risk. and Humall Resource Director cc: 'T'om Ryan President, Ryan Contracting Corporate Headquarters 8700 13th Avenue East Shakopee. Minnesota 55379 952-894-3200 Fax: 952-894-5207 Wisconsin Office 9468 130th Ave. Bloomer. Wisconsin 54724 715-568-3522 Fax: 715-568-3433 CITY OF SHAKOPEE Memorandum CASE NO.: 07-064 TO: Shakopee Planning Commission FROM: Kyle Sobota, Planner I SUBJECT: Amendment to City Code Sec. 11.44, Subd. 3 MEETING DATE: January 3, 2008 REVIEW PERIOD: October 5, 2007 -February 2, 2008 INTRODUCTION: Ryan Contracting has filed a zoning text amendment application to allow temporary housing for seasonal employees in camper trailers and recreationalvehicles as a conditional use on their property at 8700 13th Avenue East. The proposed amendment is as follows. R. Temporary residences in campers and recreational vehicles for seasonal employees. The text amendment process was initiated by Ryan Contracting after city staff received a complaint that employees were living in campers at the property. The attached letter was sent to Ryan Contracting notifying them that temporary residences for seasonal employees is not an allowed use in the Light Industrial Zone. An application for a zoning text amendment was received on October 5, 2007. This text amendment request was reviewed by other City departments and Scott County Environmental Health; specific comments recommending denial of the request were received by the City Administrator and the Fire Inspector, comments with conditions specific to the on-site septic system were received from Scott County Environmental Health. City staff explored the zoning ordinances for other communities and spoke with planning staffs to see if this use was allowed in their city. The cities surveyed include Burnsville, Chanhassen, New Brighton, Rosemount, Apple Valley, Savage, and Chaska. It was found that this use is not allowed as a permitted or conditional use in any of the cities surveyed. City staff believes that it would be difficult to ensure safety of the workers using the trailers and RVs from fire and severe weather. Attached are requirements from the Minnesota Department of Health outlining standards for campgrounds and manufactured home parks, as well as specific concerns brought forth by the Fire Inspector. The concerns of staff involve distance to a storm shelter, and availability functioning smoke detectors and fire extinguishers. At this time the condition of the ISTS on the property is not known, a compliance inspection and location of an alternate site would be required. Another requirement by Scott County Environmental Health is that a septic designer must verify that the existing system is sized large enough to accommodate the additional waste water and verify-that the system meets current regulations. H:\BOAA-PC\2008\Ol -03\07064_TEXT_Ryan_Confracting.doc 1 The City of Shakopee has several employers that utilize substantial numbers of seasonal employees, such as Valley Fair, Canterbury Park, Minnesota Roadways, Northwest Asphalt, and Valley Paving, and others. Allowing temporary housing in campers for seasonal employees as a permitted or conditional use would likely lead to several requests. Another concern of city staff is visual appearance of trailers and campers that maybe in poor condition. It would be difficult for city staff to impose or enforce standards of maintenance and appearance of the trailers and RVs used. With the growth of the City in recent years, staff believes this is not a use that is compatible in any of the zoning districts. The zoning ordinance for the Light Industrial Zone states, "The purpose of the Light Industrial 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 uses." Staff views the use of campers and RVs as temporary housing as something that would be in conflict with the purpose of the zone and would not be compatible with surrounding land uses since there are areas zoned Light Industrial that directly border residential zones along 4th Avenue,. 13th Avenue East, and Boiling Springs Lane. ALTERNATIVES: 1. Recommend to the City Council denial of the proposed text amendment. 2. Recommend that staff develop conditions for the commission's review at a future meeting. 3. Table the matter for additional information from staff or the applicant. STAFF RECOMMENDATION: Staff recommends Alternative 1. ACTION REQUESTED: Recommend to the City Council denial of the proposed text amendment. r'' , ,n ~ G Kyle S bota Planner I H:\BOAA-PC\2008\01-03\07064_TEXT_Ryan_Contractin~.doc 2 City of Shakoiaee -Fire Prevention Bureau Staff Review Case Number: 07064 From: Tom Pitschneider Date: 10(16/2007 Request: Text Amendment to Chapter 11.44, Subd. 3 Recommendation Denial. See comments below. Comments and Conditions 1. Recreational Camping Areas (RCA) shall be licensed by the Minnesota Department of Health (MDH). The City of Shakopee must grant zoning approval prior to issuance of a license by MDH. (MDH requirements) 2. RCA s with 10 or more sites shall be provided with ~a storm shelter. Those with less than 10 sites shall have a storm shelter or evacuation plan acceptable to the City of Shakopee. (MDH requirements) 3. Each RCA shall provide minimum site sizes of 2,000 square feet for each recreational camping vehicle (RCV). There shall be a minimum of 10 feet of open space between adjacent RCVs and their attachments. All RCVs must be located at least 25 feet from property {fines abutting a public street or highway and at least 10 feet from all other property boundary fines. (MDH requirements) 4. Water, toilet and shower facilities must be available within 400 feet of each campside. (MDH requirements) 5. All RCVs shall be provided with properly functioning smoke detectors as required by the Minnesota State Fire Code. (MSFC 907.2.10) 6. Fire apparatus access roads shall be provided in accordance with Minnesota State Fire Code. (MSFC 503) ~ c du~i'zNT~ ^!$sd "eh` ' ,rz ~ 4R 9 ~ ~0 8 ~ 51 7Wf~ ~ i. l ,9. 1: P'ianufactured Home Parks-and Recreational Camping Areas Summar~r ~f ~enerat ~equiremef'~t~ ~a~r Reereal~iof~al Caf~lping Areas Definitions + Recreational Camping Vehicle facing • Water Suoply • Sewage Disposal. Toilets and Shower Facilities . Garbage and Refuse Insect and Rodent Control Other Things E3ei''ini~iQe>;s: . Recreational camping area (RCA}, means any area, whether privately or publicly owned, used on a daily, nightly, weekly, or longer basis for the accommodation of five or more tents or recreational camping vehicles free of charge or for compensation. "Recreational camping areas" do not include youth camas, industrial camps, U.S.~ Forest Service Camps, State forest service camps, state wildlife management areas or state owned public access areas which are restricted in use to picnicking and boat landing, and temporary holding areas for self contained recreational vehicles created adjacent to motor sports facilities. • Recreational camping vehicle (RCV), includes the following: Any vehicular, portable .structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses; Any structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, i-eereation, and vacation; Any portable, temporary dwelling to be used far travel, recreatian, and vacation, constructed as an integral part of a self propelled vehicle; and Any folding structure, mounted on wheels designed for travel, recreation, and vacation use. l~eerea~i€~na1 Camping 1te6~icie Spacing: . There must be 10 feet of open space between the sides of adjacent RCVs and their attachments. • Minimum site size of 2,000 square for each RCV. • Al! RCVs must be located at least 25 feet from property lines which abut a public street or highway and at least 10 feet from all other property boundary lines. ~~I'<LeC ~@Jpp~~': . The water supply system must meet all applicable MDH requirements for public water supplies (MN Rules Chapter 4720 Attention: Non-MDH link) and water wells (MN Rules Chapter 4725 Attention: Non-MDH link). • Water must be available VJltilln ~i-0~ feet Of every rain pit°_. . Minimum water riser pipe size is 3/4 inch; water riser and sewer riser must be constructed o; approved rr~ateri~~s and separated by at feast 10 feet. ~ NI! plumbing must be install°Ca Ir1 accordance with tY?° I'vlinrlesota ofumbino COd°__,=ric,',?L°r 4i=_ (,tL°nLiOr:: Non-MDH Link. ;~v~age _espcrsa., . ©~.e_s , ~ _~i©v~rer . a~t_~ties: . .All sewage and waste water .:ast be discharged into an approved rr',_..tcipal sewage system if one is available or an individual on site sewage treatment system that meets the requirements of the Minnesota Pollution Control Agency rules. Chapter 7080 attention: Non-MDH link and any applicable local codes. . Toilet and shower facilities must be provided in al! campgrounds which harbor any RCV which is not equipped with toilet and bathing facilities, in accordance with the schedule in MN Rules Chapter 4630.0900 Attention: Non-MDH link. Toilet and shower facilities shall be adequately heated, ventilated and lighted and have durable, washable, floors, walls, and ceilings and meet ADA requirements. Toilet facilities must be provided within 400 feet of any campsite. . Camping areas harboring RCVs with self contained waste water tanks must provide a sanitary dumping station in the ratio of 1 sanitary station for each 100 sites or fraction thereof. Sanitary stations must be adequately- screened and located at least 50 feet from any campsite. . Properly constructed privies may be provided far toilet facilities provided that they are installed in accordance with local zoning requirements. _ ~saE'~3c'3~G a61f~ R~'~flsG, ~t'tSeCt ~61d ~fYE~E'tl'~ ~€]t'i'~C®~, e?~i'fe~C ~f'IlitgS: . Adequate number of fly tight, watertight and rodent proof containers must be provided for all garbage and refuse. Garbage must be collected for disposal as often as necessary to prevent nuisance conditions and not fens than once each week. . RCAs must be maintained free of accumulations of debris or material which may provide rodent harborage or breeding places for insect pests. RCAs must be maintained free of growths of noxious weeds. . Domestic animals or pets must not be allowed to run at large or cause any nuisances within a RCA. Any kennels, pens or other facilities provided for animals must be maintained in a sanitary condition. . A maximum speed limit of 1D miles per hour must be clearly posted throughout the RCA. For questions about this page, please contact the Manufactured Home Park and Recreational Camping Areas Program at mhprcaCo~health.state.mn.us or 651-201-4500. Updated Friday, 13-Oct-2006 14:42:23 CDT ~'1 ~ ~I ""iii if A ~ ~ 4 t ~ 'F ~ ~ I ~ NEanufaetured Home Parks and Recreational Camping Areas P'ialn R~~ie~n? ii~quirer~erl~s far l~an~fae~~red itc~~e ~alrl~s aid i~ecr~:al~i~r~ali Carvte~ing ~?r~:~s The Minnesota Department of Health (MDH) licenses Manufactured Home Parks and ~ Recreations{ Camping Areas (MHP/RCA) in Minnesota. If a local jurisdiction (city, county) has entered into a delegation agreement with MQH, MHP/RCA {icenses are '^~y issued through the local jurisdiction. Your first step is to determine whether your license will be issued by MDH or by your local jurisdiction. Click on the delegation map. Manufactured Home Park/Recreational Camaing_Area Pfan Review Application (POF: 6at<s/z pages) Complete plans and specifications for any new manufactured home park (MHP), or recreational camping area (RCA), and expansions to existing MHPs/RCAs, must be submitted. to and approved by the Minnesota .Department of Health before construction is begun. The plans must be submitted in duplicate, drawn to scale, and be legible and campiete in all details. All plans shall include but not be limited to the following: . Aland use permit or statement from the local unit of government granting zoning approval for the use of the land as a MHP or RCA must be obtained for a ray new park or expansions to existing parks. A copy of the zoning permit must be submitted to the MDH along with the detailed plans for the proposed development. • A plot plan showing the boundaries of the entire tract of farad upon which the MHP/RCA is to be Socated, and showing farad area/acreage, locations of existing facilities including permanent buildings and their dimensions, location of landforms.on the property (fakes, streams, ponds, wetlands, bluffs, etc.), the location of all water and sewer lines and electrical hook-ups, the location of all wells, the {ocation of all on site sewage treatment facilities and distances from all wells and water fines, location and dimensions of all roads and drivewa}~s, location of vehicle parking areas, location and type of night (fights, and any other, pertinent information. • Separate plumbing plans must be submitted for any new plumbing installations including all water and sewer fines and on site sewage treatment systems, if provided. Aft plumbing must be installed in accordance with the Minnesota Plumbing Code. Include a detailed sketch of the water and sewer risers which will connect the homes to the sewer and water mains, and material specifications for, and location of water and sewer fines in the park. A separate buf{etin covering the details of submitting plumbing plans is available. Contact the Enaineering and Plumbing Unit Attention: Non-MDH rnk with the Minnesota Department of Labor and Industry at 651-284-5067 for more information concerning plumbing. • The water supply system for the proposed park must comply with Minnesota rules governing public water supplies and water wells. Provide details of the well/water supply system for the park if it has its own system. If the park obtains water from a municipal supply, indicate the name of the municipal water supply. • The sewage treatment system for the park must comply with applicable state rules, All individual sewage treatment systems must be designed by a licensed sewage system designer and installed by a licensed installer. Detailed plans must be submitted for any individua! sewage treatment system to the focal agency that regulates these systems. If the park is on municipal sewer services, indicate the name of the municipal sewer s}~stem. ~ SUbmit tl"i° proper primary file°r:. ~ ~ilM`: I'.~~~tU_f? j~:..-. o8f . ? pag~sl ?'~"ril IO I~'~-t. -'r« _ _it primary li~~°_P.Se fee iS ~7~ fOr every ten S1~°S U. fra~tiorl flier°pf`f~r all neV~l Sites or ad~iti;~~;s,,S~~bmit the plans and fees to: I i~rluie=tUr°L'1 Home F'arl./r °~.r~BtlOiial '..:ar':'iDtrl~ _ n evlew Minnesota Departmen, Health 625 North Robert StrE P.Q. Box 64975 St. Paul, Minnesota 55164-0975 • After your plans have been reviewed, you will receive a plan review letter indicating any changes that may need to be made or concerns that were noted during the plan review. Construction may begin after the plan approval letter is received. Contact the MDH sanitarian for your area to schedule anon site inspection after construction is complete. If the sanitarian finds the facility to be in satisfactory compliance with the rules, an inspection report will be issued indicating approval and authorizing occupancy of the sites. . In addition to the items mentioned above, al4 plans and specifications for MHPs and RCAs must include the following: . The name of the project, and the legal description of the property . The name, address and phone number of the .project owner . The location, size and description of the storm shelter(s) required for all new manufactured home parks with ten or more sites . Storm shelter or evacuation plan approval for manufactured home parks with less than ten sites from the municipality having jurisdiction The location of speed limit signs in all MHPs . Location and description of garbage and refuse containers For. questions about this page, please contact the Manufactured Home Park and Recreational Camping Areas Program at mhorcaCa~health.state.mn.us or 651-201-4500. Updated Tuesday, 12-Sep-2006 10:49:41 CDT SHAKOPEE August 8, 2007 Ryan Contracting 8700 13th Avenue East Shakopee, MN 55379 To Whom It May Concern: The City of Shakopee has received a complaint regarding the use of camper trailers on your property as housing. Please be advised that use of camper trailers for temporary or permanent housing is not permitted in the Light Industrial zone. The purpose of this letter is to require that the trailers be permanently removed from the site by September 24, 2007 to avoid a citation. Thank you for your anticipated cooperation in this matter. If you have any questions feel free to contact me at (952) 233-9349. Sincerely, ti~~ Kyle Sobota Planning Department Enclosure: (1) COMMUNITY I~RIDE SINCE 1857 129 Holmes Street South • Shakopee, Minnesota • 55379-1351 • 952-233-9300 • FAX 952-233-3801 • www.ci.shakopee.mn.us