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HomeMy WebLinkAbout10.A.1. Approve a CUP for a retail grocery store, PUD amendment to allow a Free Standing Sign and final plat of Southbridge Addition Case 14-034 Res. No. 7479 General Business 10. A. 1. SH AKOI EE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Alex Sharpe, Planner DATE: 09/16/2014 SUBJECT: Approve a CUP for a Retail Grocery Store, PUD Amendment to Allow a Free-standing Sign, and Final Plat of Southbridge Crossings 4th Addition-Caselog 414-034-Res. No. 7479 (B) Action Sought Approval of Resolution 7479, a Resolution approving a Conditional Use Permit for a retail grocery store, Planned Unit Development Amendment to allow a free-standing sign, and Final Plat of Southbridge Crossings 4th Addition. Background Site Information Applicant: Aldi, Inc. Property Owner: Shakopee Crossing LTD Partnership Location: 7801 Old Carriage Ct. Current Zoning: PRD—Planned Residential District Adjacent Zoning: North: B1 - Highway Business/R1B —Urban Residential South: PRD—Planned Residential District West: R1B —Urban Residential East: CC—Community Commercial/B1 - Highway Business Comp. Plan: Commercial Lot Size: 5.07 acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit 1: Site Map/Aerial Exhibit 2: Final Plat/Site Plan Exhibit 3: Building Elevation Exhibit 4: Sign Elevation Exhibit 5: Applicant Narrative Exhibit 6: Engineering Memorandum Exhibit 7: SPUC Letter/Review Exhibit 8: Resolution Introduction The Shakopee Planning Commission held a Public Hearing on September 4, 2014 concerning Aldi's application. Several citizens spoke at the Public Hearing expressing their concerns about additional traffic, the use, and potential light levels affecting neighboring residential. The Planning Commission recommended approval with one dissenting vote (4-1) and an amended condition. The recommended amendment concerned the condition requiring the traffic study, which will now include that the study be approved by the City Engineer. Andrew Mack of Aldi Inc., submitted an application for a Conditional Use Permit(CUP), Planned Unit Development(PUD), and Final Plat for the lot at 7801 Old Carriage Ct on July 24, 2014. The property is zoned PRD - Planned Residential District, which conditionally allows neighborhood commercial development. The Comprehensive Plan guides this land as commercial. The applicant, Aldi is proposing splitting the existing 5.07 acre lot into two parcels, Aldi is proposing constructing a 17,018 square foot grocery store on the larger parcel at 2.78 acres. The remaining 2.29 acre parcel will be retained by the current land owner for future development.The property is currently a platted lot and requires a final plat to divide the lot. The CUP, PUD amendment, and Final Plat are a single application that is reviewed by the Planning Commission, with final ruling by City Council. The proposed site access is off Old Carriage Court, with a shared driveway with the adjacent parcel (see Exhibit 5 for the site plan), and a right-in, right-out access on Southbridge Parkway. The proposed entrance on Southbridge Parkway crosses an adjacent multi-use trail and will include pedestrian crossings. Free standing signs are not permitted within the PRD—Planned Residential District, thus the PUD overlay will require amendment to allow a free-standing sign. The proposed sign is adjacent to Southbridge Parkway and will be shared by Aldi and the occupant of lot 2. Findings A CUP, PUD amendment, and Final Plat have specific criteria and findings by City Code. As this application includes each of processes, the proposal must meet the following criteria. Conditional Use Permit Findings Section 11.85 (Conditional Use Permits), Subd. 1 (Criteria for Granting Conditional Use Permits) states "In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole." The criteria required for the granting of conditional use permits are listed below with staff findings. 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 City has not received any evidence that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. Criteria#2: The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding#2: The conditional use permit will not impede future development and improvement in the area. The proposed use will bring a commercial development to a commercially guided lot. Criteria #3: Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided; Finding #3: Adequate utilities, access roads and drainage exist to the site, or will be provided. 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 use of the subject property is conditional within the PRD—Planned Residential District, the use is consistent with the Comprehensive Plan Guidance and with the zone. Criteria #5: The use is not in conflict with the Comprehensive Plan. Finding#5: The use is not in conflict with the Comprehensive Plan. Planned Unit Development Amendment Findings Section 11.50 (Planned Unit Development District) Subd. 6 Criteria for granting a Planned Unit Development, lists the following criteria: Criteria No. 1: Whether the proposed development is consistent in all respect with the comprehensive plan and with this section. Finding No.1: The proposed use is a commercial grocery store, which is consistent with the comprehensive plan's guidance as commercial. Criteria No. 2: Whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses. Finding No. 2: The proposed sign deviates from the development standards for free-standing signs within the PRD zone. A condition that the sign shall only be lit between 8:00 a.m. - 9:00 p.m. has been included to mitigate the impact. With conditions the proposed development is compatible with the surrounding land uses. Criteria No. 3: Whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Finding No. 3: The proposed amendment does not affect the open space, circulation within the site,parking, recreation, and landscaping. Criteria No. 4: Whether the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. Finding No. 4: This proposal does not affect the overall density of the development of the site. Criteria No. 5: Whether there exists an overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. However, the architectural style of buildings shall not solely be a basis for denial or approval of a plan. Finding No. 5: The amendment to the PUD will not alter the overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. Criteria No. 6: Whether the proposed PUD plan would afford a greater general public benefit than would be realized under the underlying zoning district and/or general zoning provisions. Finding No. 6: The amendment to the PUD will not alter the sites public benefit. Recommendation Staff recommends approval of the CUP, PUD amendment and Final Plat with the following conditions: The following items need to be addressed/completed prior to release of the Final Plat for recording: 1. Payments of Trunk Sanitary Sewer Charges need to be made, as required by the most current City of Shakopee Fee Schedule. 2. Payments of Trunk Storm Water Charges and Trunk Storm Water Storage and Treatment Charges need to be made, as required by the most current City of Shakopee Fee Schedule. 3. Provide electronic files (AutoCAD and Adobe Acrobat formats) of the Final Plat to be recorded with datum on the Scott County coordinate system. 4. Easements need to be shown/referenced on the Final Plat and as approved by the City Engineer. They will include, but are not be limited to, the following: •Minimum drainage and utility easements for public utilities will be dedicated per the City of Shakopee Design Criteria, Section 10.1 (A-D). The easements need to be centered along the public utility alignments. •The depth of the existing public storm sewer along the west side of Lot 2, Block 1 requires a minimum of forty-four(44) feet of drainage and utility easement, which is to be centered on the utility. The applicant will dedicate the portion of this drainage and utility easement on Lot 2, Block 1. •It appears portions of the bituminous trails along Southbridge Parkway and Old Carriage Court are outside of the rights-of-way. The applicant will provide an adequate trail easement if this is the case. The width is to be determined by the City Engineer once this is verified. •It appears as if the underground fiber optic line is outside of the drainage and utility easement. The applicant will provide an adequate drainage and utility easement to encompass this utility. The width is to be determined by the City Engineer once this is verified. 5. Park Dedication; given the location of the development, cash in lieu of land is recommended. •Park dedication fees in the amount required by the City Code and adopted City fee schedule shall be paid at the time of recording of the final plat. •(Gross Acreage—Public utility easement(PUE) acreage) x $6,930/acre =Park Dedication required. Based on current information(5.07035 acres—PUE) X $6,930.00/acre=Max $35,137.52 •The exact amount of acreage accepted by the City for public utility easements must be submitted to the Parks, Recreation &Natural Resources Director for the exact Park Dedication calculation. The following items need to be addressed/completed prior to approval of a grading permit and/or a building permit: 1. The applicant will submit a detailed traffic study that shall be approved by the City Engineer. 2. No improvements (site grading and street and utility)will be constructed until the City Engineer and the Shakopee Public Utilities (SPU) approves the required Final Construction Plans and Specifications. 3. Prior to any work in the City of Shakopee's rights-of-way, the applicant will obtain approval of a right-of-way permit. Please contact Jim Henderson at(952)233-9368 for details. 4. The applicant will comply with the maximum allowable impervious surface percentage set forth by the City Code. The applicant will submit an impervious surface drawing. 5. Infiltration will need to be incorporated into the site's design and storm water management plan. The amount to be infiltrated is set forth by the National Pollutant Discharge Elimination System (NPDES) requirements. 6. Surface water runoff for each of the lots will be required to be piped to the adjacent storm water basin. Overland flow will not be allowed as this creates a potential for future erosion issues. 7. The emergency overflow for the parking lot does not appear to meet the requirements set forth by the City of Shakopee Comprehensive Water Resources Management Plan. The emergency overflow needs to be a minimum of one and a half(1 1/2) feet below the structure's finished floor elevation. This emergency overflow should be clearly denoted on the plans. 8. The applicant needs to obtain a NPDES construction site permit prior to any land disturbing activity. A copy of this permit will be provided to the City. 9. No filling will be allowed below the approved high water level of the adjacent storm water basin unless the City Engineer approves an adequate mitigation elsewhere in the basin. 10.All flared end sections to storm water basin will have geotextile fabric and class IV fieldstone riprap to the basin bottom. The amounts of fabric and riprap are set forth in the City of Shakopee General Specifications and Standard Detail Plates for Street& Utility Construction(Detail Number 4010). 11. The sanitary sewer serving Lots 1 and 2, Block 1 will be private. The shared sanitary sewer service will require a shared sanitary sewer agreement. A copy of this agreement will be provided to the City of Shakopee. 12. The flared end section proposed at the adjacent storm water basin will be corrugated steel. 13. The applicant will work with the City of Shakopee to utilize the existing curb cut/access on Old Carriage Court. If utilizing the existing access is possible, the installation of a pedestrian curb ramp with truncated domes will be required. 14. A commercial driveway and cross pan(per detail number 5006)will be required at each access to Southbridge Parkway and Old Carriage Court. 15.No portion of the access to Southbridge parkway will be located in the right turn lane taper. 16. The shared access between Lots 1 and 2 of Block 1 will require a shared access agreement. A copy of this agreement will be provided to the City of Shakopee. 17. The applicant needs to submit a landscaping plan in compliance with the most recent version of the City of Shakopee's Easement Fencing and Landscaping Policy. 18. Designs shall comply with City of Shakopee engineering detail plates. 19. Shall comply with City of Shakopee code sections 11.61 Parking, and 11.60 Performance standards. 20.Approval of building permit does not approve signs, all signs must receive a sign permit. 21. The proposed illuminated free-standing sign shall meet city code section 11.70, the sign shall only be illuminated between the hours of 8:00 a.m. - 9:00 p.m. 22. The proposed free-standing sign shall include space for the future development of Lot 2, Block 1. 23. The applicant shall obtain final approval of the storm water management plan. 24. Shakopee Public Utilities conditions: •The street light located along Southbridge Parkway at the proposed driveway is to be relocated by Shakopee Public Utilities at the developer's expense. •Electric transformer location to be 10 feet maximum distance from repaved trail hardened and widened to 12 feet to support a 7 ton vehicle and trailer from the Southbridge parkway driveway to a minimum 20 feet past the transformer pad. •The future lot's (lot 2 block 1)water service must end at the 6 inch gate valve with a plug, and with a 20 foot easement centered on the pipe to 1 foot past the gate valve. •The new watermain easement may terminate at the point where it is adjacent to the existing utilities and drainage easements. •Applicant shall contact Shakopee Public Utilities directly for specific requirements relating to their project. 25.A tree preservation plan is not required for this site since the limited number/size of trees. 26.A minimum of 37 trees and 23 shrubs must be placed on the site. Plantings shall comply with City code section 11.60. Subd. 8. 27. A landscaping financial security of$11,100 (37x1.5x$200) is required to be provided to the City in form of letter of credit or cash escrow. Up to 75% of this financial security may be returned upon inspection and acceptance by the City of installed plants and upon the submittal of a City approved two year warranty from the landscape contractor who installed the trees. This warranty must cover plant health issues relating to excess or insufficient water. The remaining financial security will be held by the City for two years. 28. Landscape contractor must notify City of Shakopee Natural Resources Dept. when landscaping is complete. The warranty period shall not begin until inspection and City acceptance is complete. Contact 952-233-9511 or JBusiahn @ShakopeeMN.gov 29. The following trees are not accepted as required landscaping trees: •Maple (Acer) •Ash (Fraxinus) • Spruce (Picea) •Apple (Malus) 30. Trees shall be planted according to the following conditions: •Trees shall be planted a minimum of 4 feet from impervious surfaces. •Trees shall be planted a minimum of ten feet from property lines. •Trees shall not be planted in easements containing utilities. •Trees shall not be planted in City owned right-of-way. •Trees shall not be planted below overhead utilities. •Trees shall not be planted below high water levels (HWL) in existing or created ponds or wetlands. 31. Soil compaction for all non-structural landscaped areas (including landscaping islands) shall be between 75%-80% of Standard Proctor(maximum dry density) or not to exceed 300 PSI for a minimum of the top 18" of soil. Compaction samples are to be taken after final grading of the site is complete. samples are to be submitted and approved by the City of Shakopee before installation of landscaping begins. Samples shall be randomly taken with even coverage of all landscaped areas. Submit sample results to the Shakopee Natural Resources Dept. ibusiahn(a�shakopeemn.gov. Soils not meeting this requirement shall be subsoiled to relieve compaction. Budget Impact None Relationship to Vision Goal B: Positively manage the challenges and opportunities presented by growth development and change. Requested Action Approval of Resolution 7479, a Resolution approving a Conditional Use Permit for a retail grocery store, Planned Unit Development Amendment to allow a free-standing sign, and Final Plat of Southbridge Crossings 4th Addition. Attachments: Site location map/aerial Final Plat/Site Plan Building Elevation Proposed Sign Elevation Aldi Applicant Narrative Engineering Review Memorandum SPUC Memorandum Resolution / / 40 1 *1 / : % ♦ > ;,....!±,.;.. n - »a .,- ` ��J a 1,,..y'-:''' w , 4.', 4 lil '',:4:: r . .s. ,.. , ,„_,„0„.1,,,:,,,....,, ,.. „, 14 , , ,,..4.„ l",,,,,5 , ,, #::*4 ,,, _.------.,. 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Dear Mr. Sobota: Enclosed you will find the necessary submittals and applications for a Conditional Use Permit (CUP), Final Plat, and Planned Unit Development(PUD) Amendment for the proposed ALDI Retail Facility. The site is located at Southbridge Crossing Subdivision 1st Addition, Lot 1, Block 1, which is west of the intersection of Southbridge Parkway and Old Carriage Court in the City of Shakopee, Scott County, Minnesota (PID# 273250010). The site address is 7801 Old Carriage Court. The 5.07 Acre property will be split into two separate parcels: one 2.78-acre lot that will be used for the ALDI store and parking facilities, and one 2.29-acre lot that will remain undeveloped at this time. This property is currently undeveloped and is owned by Shakopee Crossings LTD Partnership. ALDI, Inc. will purchase the newly created 2.78-acre lot, and the remainder will be retained by the current landowner. The project will include the construction of a 17,018 square foot ALDI Grocery Store, grading, paving, curb and gutter, utilities, stormwater management facilities, lighting, landscaping, restoration, and other necessary sitework. Utility stubs for sanitary, storm, and watermain will be provided for the future development of the adjacent lot. The property is located within the PRD — Planned Residential Development Zoning District, and it is part of a PUD Overlay District. Retail facilities are not a permitted use for this zoning district, therefore a CUP Permit is required. The properties that are adjacent to this site are located within many different zoning districts: B1 (Highway Business), R1B (Urban Residential), CC (Community Commercial), and PRD (Planned Residential Development). The development of this parcel will ultimately help the adjacent businesses by eliminating a visible vacant property and adding another retail facility to the local tax base. There is currently one access to the site off of Old Carriage Court. The proposed development will use that entrance, plus add a second right-in/right-out access drive off of Southbridge Parkway. • The second entrance was allowed by the City so long as the access drive would be installed at a location before the right turn lane on Southbridge Parkway. This proposed entrance will also transverse the Dean Lake bike trail, so necessary pedestrian ramps and crossings will be installed to promote safe travel across the entrance. The entrance will have a raised median and proper signage to safely direct traffic entering and exiting the site. 1415 Town Square Lane + Faribaul4 MN 55021 info5is-grp.com + www.is-grp.com 507.33 1.1500 IS GROUP +5 GROUP Stormwater management for the ALDI site will be constructed as part of this project. The system will include an underground infiltration/detention system that will satisfy all local, state, and federal requirements. Stormwater will outlet to the existing wet pond that is adjacent to the site. For more information regarding the stormwater management system or drainage patterns, refer to the Stormwater Management Manual which is included with the submittal packet. The proposed ALDI building will have an entrance in the west corner and a loading dock on the southeast side of the building. The building exterior and building materials will be constructed in accordance with the Zoning District Standards. The proposed building features are illustrated by the accompanying building elevations. All trash and loading will be screened within the proposed loading dock. In addition, all rooftop mechanical equipment will be screened with appropriate materials and colors matching the building exterior. Appropriate building and parking lot lighting as well as landscaping will also be provided for the proposed site in accordance with the City Code. A PUD Amendment is required for this site for the proposed monument sign, which will be located on the ALDI property near the intersection of Old Carriage Ct and Southbridge Parkway. Correspondence from the City suggested that the sign regulations used for this Amendment shall follow the Commercial Sign Regulations for the Highway Business District, which allows one freestanding sign with maximum height of 20 feet. The proposed sign will be two-sided and will be shared between the proposed ALDI and the adjacent lot. A rendering of the proposed sign is included with this submittal packet. In addition, the building wall signage on both faces of the building will total 136 square feet. This is well under the applicable signage size requirements outlined in the Zoning Ordinance which stipulate the signage maximum. This building signage will include the ALDI logo along with the words"FOOD MARKET"on both faces of the building the parallel a street. For your reference the signage is illustrated on the attached building elevations. As part of this development,the City has required that a public 8"watermain be constructed through the site to loop the existing 16"watermain along Southbridge Parkway to the existing 8" stub off of Old Carriage Ct. This public improvement will be constructed per City requirements and will include a 20-foot watermain easement so the City may access the line for maintenance. Hydrants will be spaced as needed to satisfy City requirements. All public watermain pipe will be ductile iron pipe meeting AASHTO and City standards. Two 6"services will branch from the 8" watermain; one service will serve the ALDI building and the other will be stubbed to the adjacent lot for future development. All applicable guidelines as outlined for this property in the City of Shakopee's Ordinances were taken into account during the design of this project including the appropriate land use, setbacks, parking requirements, and all other applicable regulations. While a CUP is required for this development, the use does fall within the accepted uses of the area and will not substantially diminish or impair property values with the vicinity of the property. It is expected to increase interest in the development of the neighboring properties which will share cross access and cross parking with the new ALDI facility. Further, the CUP will not cause detriment to health,safety, morals, or welfare of any persons residing or working near the property. It will also not result in any nuisances such as odor, noise, or sight pollution.The new ALDI Grocery Store seeks to provide a clean, well-lit grocery store as convenience to the area, and proper screening of dumpsters and other necessary areas will be provided. ALDI,Inc.Retail Facility—Shakopee,MN July 24,2014 Page 2 of 3 1+5 GROUP The conditional use is expected to facilitate further interest in the development of nearby properties but will not impede the normal and orderly development of surrounding property. The conditional use will also not pose an undue burden on public utilities or roads as the use was planned for initially with the platting of this property within the existing business district. The conditional use will not unnecessarily impact any natural features such as woodlands, wetlands, or shorelines as the proposed development is already a planned permitted use within this existing business district. All erosion will be properly controlled during construction and the conditional use will adhere to any additional applicable criteria outlined within the City of Shakopee Zoning Ordinance both during construction and future operations. Based upon the information outlined within this narrative along with our conversations with the City of Shakopee, we feel that the Site Plan, CUP, Final Plat, and PUD Amendment Applications should be approved because the proposed ALDI site fits well with the surrounding properties and will also be an improvement to the current conditions. The proposed site plan as well as the proposed use of this property as outlined in this submittal is consistent with City of Sahkopee's Land Use Planning and Zoning. The proposed ALDI Grocery Store is a logical use for the property that fits well with the surrounding properties. The development of the ALDI may help to draw in others to continue the growth and development of this area. Thank you for considering this request. Please contact me at 507-331-1500 with any questions regarding this supplemental information or this project. Sincerely, 7--60evie Andrew T. Brandel, PE Associate Principal I Civil Engineer ATB/a p p ALAI,Inc.Retail Facility-Shakopee,MN July 24,2014 Page 3 of 3 City of Shakopee Memorandum TO: Kyle Sobota, Senior Planner Alex Sharpe, Planner FROM: Joe Swentek, Project Engineer SUBJECT: CUP, PUD Amendment & Final Plat—Southbridge Crossings 4th Addition PID#: 27-325001-0 CASE#: 14034 SUBLEDGER#: 114034 DATE: August 25, 2014 The application indicates a request for a Conditional Use Permit (CUP), Planned Unit Development (PUD) Amendment and Final Plat review of a property currently zoned as Planned Residential District (PRD). The property is Lot 1, Block 1 of the Southbridge Crossings 15t Addition and is located west of the intersection between Southbridge Parkway and Old Carriage Court. This review should be considered preliminary, as more comments will follow with additional submittals. However, the engineering department offers the following comments at this time to the applicant and to the planning department: General Conditions The following items need to be addressed/completed prior to release of the Final Plat for recording: 1. Payments of Trunk Sanitary Sewer Charges need to be made, as required by the most current City of Shakopee Fee Schedule. 2. Payments of Trunk Storm Water Charges and Trunk Storm Water Storage and Treatment Charges need to be made, as required by the most current City of Shakopee Fee Schedule. 3. Provide electronic files (AutoCAD and Adobe Acrobat formats) of the Final Plat to be recorded with datum on the Scott County coordinate system. H:\ROAA-PC\2014\09-04\14-034-Aldi CUP,PUD Amend,Final Plat\Engineering Review CUP_PUD Amend_FP Review(SB Xings 4th)082514 docx Page 1 of4 The following items need to be addressed/completed prior to approval of a grading permit and/or a building permit: 1. The applicant will submit a detailed traffic study. 2. No improvements (site grading and street and utility) will be constructed until the City Engineer and the Shakopee Public Utilities (SPU) approves the required Final Construction Plans and Specifications. 3. Prior to any work in the City of Shakopee's rights-of-way, the applicant will obtain approval of a right-of-way permit. Please contact Jim Henderson at (952) 233-9368 for details. 4. The applicant will comply with the maximum allowable impervious surface percentage set forth by the City Code. The applicant will submit an impervious surface drawing. 5. Infiltration will need to be incorporated into the site's design and storm water management plan. The amount to be infiltrated is set forth by the National Pollutant Discharge Elimination System (NPDES) requirements. 6. Surface water runoff for each of the lots will be required to be piped to the adjacent storm water basin. Overland flow will not be allowed as this creates a potential for future erosion issues. 7. The emergency overflow for the parking lot does not appear to meet the requirements set forth by the City of Shakopee Comprehensive Water Resources Management Plan. The emergency overflow needs to be a minimum of one and a half (1 1/2) feet below the structure's finished floor elevation. This emergency overflow should be clearly denoted on the plans. 8. The applicant needs to obtain a NPDES construction site permit prior to any land disturbing activity. A copy of this permit will be provided to the City. 9. No filling will be allowed below the approved high water level of the adjacent storm water basin unless the City Engineer approves an adequate mitigation elsewhere in the basin. 10. All flared end sections to storm water basin will have geotextile fabric and class IV fieldstone riprap to the basin bottom. The amounts of fabric and riprap are set forth in the City of Shakopee General Specifications and Standard Detail Plates for Street & Utility Construction (Detail Number 4010). 11. The sanitary sewer serving Lots 1 and 2, Block 1 will be private. The shared sanitary sewer service will require a shared sanitary sewer agreement. A copy of this agreement will be provided to the City of Shakopee. H:\BOAR-PC\2014\09-04\14-034-Aldi CUP,PUD Amend,Final Plat\Engineering Review CUP PUD Amend FP Review(SB Xings 4th)082514.down Page 2 of 4 12. The flared end section proposed at the adjacent storm water basin will be corrugated steel. 13. The applicant will work with the City of Shakopee to utilize the existing curb cut/access on Old Carriage Court. If utilizing the existing access is possible, the installation of a pedestrian curb ramp with truncated domes will be required. 14. A commercial driveway and cross pan (per detail number 5006) will be required at each access to Southbridge Parkway and Old Carriage Court. 15. No portion of the access to Southbridge parkway will be located in right turn lane taper. 16. The shared access between Lots 1 and 2 of Block 1 will require a shared access agreement. A copy of this agreement will be provided to the City of Shakopee. 17. The applicant needs to submit a landscaping plan in compliance with the most recent version of the City of Shakopee's Easement Fencing and Landscaping Policy. Final Plat Conditions The following items need to be addressed/completed prior to release of the Final Plat for recording: 1. Easements need to be shown/referenced on the Final Plat and as approved by the City Engineer. They will include, but are not be limited to, the following: • Minimum drainage and utility easements for public utilities will be dedicated per the City of Shakopee Design Criteria, Section 10.1 (A-D). The easements need to be centered along the public utility alignments. • The depth of the existing public storm sewer along the west side of Lot 2, Block 1 requires a minimum of forty-four (44) feet of drainage and utility easement, which is to be centered on the utility. The applicant will dedicate the portion of this drainage and utility easement on Lot 2, Block 1. • It appears portions of the bituminous trails along Southbridge Parkway and Old Carriage Court are outside of the rights-of-way. The applicant will provide an adequate trail easement if this is the case. The width is to be determined by the City Engineer once this is verified. • It appears as if the underground fiber optic line is outside of the drainage and utility easement. The applicant will provide an adequate drainage and utility easement to encompass this utility. The width is to be determined by the City Engineer once this is verified. Storm Water Management Plan H:\BOAA-PC\2014\09-04\14-034-Aldi CUP,PUD Amend,Final Plat\Engineering Review CUP_PUD Amend FP Review(SB)(ings 4th)082514.docx Page 3 of 4 The applicant submitted a storm water management plan that was reviewed by engineering staff and WSB & Associates, Inc. The applicant will obtain final approval of the storm water management plan prior to issuance of a grading permit and/or building permit. Recommendation Should the City of Shakopee recommend approval of the CUP, PUD Amendment and Final Plat application, engineering staff recommends this approval be subject to the conditions listed above being addressed/completed by the applicant. H:\BOAA-PC\2014\09-04\14-034-Aldi CUP,PUD Amend,Final Plat\Engineering Review CUP PUD Amend_FP Review(SB Xings 4th)082514.docx Page 4 of 4 Aug, 21. 2014 8:00AM No 0651 P. 2 - RECEIVED STAFF REVIEW City of Shakopee JUL 3 1 7014 CaselogNo. 14034 Project Manager Kyle Sck, Pub. Utilities Subledger No. 114034 Review Deadline 8/25/2014 PC/BOAR Date 9/4/2014 CC Date 9/16/2014 Applicant Aldi, Inc. Contact Person Andrew Mack Address 4201 Bagley Avenue No, Faribault, MN 55021 Phone No. 507-333•-9460 eXt 123 Application Type CUP -POD Amendment&Final Plat,Aldi, Inc. Retail Facility PM No(s) 27-325001-0 Project Location South of Southbridge Parkway and North of Old Carriage Court Proposal reviewed by: ✓ City Administrator. ^. (✓County Planner , 1 " Canto rpoint Energy ✓- _City Attorney County Engineer ✓ Xcel Energy ✓ Natural Resource Staff I Pnvironmental Health ✓Century Link City Engineer, ti County Taxation Mageline Pipeline•✓ Building Official j County Land Records `'' Cozncast Cable ✓ 'Fire Inspector i Board of Soil&Water Lower MN Watershed Police(lief 3 copies).._. ._ Water P - _e....P_ublic.W o�Pinky/ ) MIT rio TLak W O: _ _ Finance/City Clerk MN PCA. Sand Creek WMO f Park&Recreation I Army corps of Engineers Met Council • 1./.' SPUC . ,. .. .. _ _. i EPA _ ISD 720 V Economic b®v Coord Prior Lake Planner Savage Planner Mdewakanton Cmty Irecommend: (Please check one and sign below) Please attach a separate sheet for comments and return this cover sheet along with comments. Approval Approval with Cha es/Conditions Listed Denial No Impact Plans #1• attac, ents provided to you do NOT need to be returned. ,r1I4' AL.. "CWA4/1-""-' y . -,,e4,!44,- ist/v.. ./ -X- 2.g2/4/ �n• ■re Title ./ ate Please return to: Tami Vidmar; Shakopee Community Development; City of Shakopee; 129 South Holmes Street; Shakopee,MN 55379 h:\etai'f review form-docx i I • Aug. 21. 2014 8:00AM No. 0651 P. 3 SHAKOPEE PUBLIC UTILITIES 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: CUP-PUD Amendment&Final Plat—Aldi,Inc.Retail Facility CASE NO: 14034 DATE: 8/20/14 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. Applicant should contact Shakopee Public Utilities directly for specific requirements relating to their project. Note: 1. Street light located along Southbridge Parkway at proposed driveway to be relocated by SPU at developer's expense. 2. Electric transformer location to be 10 ft maximum distance from re- paved trail hardened and widened to 12 ft to support a 7 ton vehicle and trailer from the Southbridge Parkway driveway to a minimum 20 ft past the transformer pad. 3. The future lot's water service to end at the 6 inch gate valve with a plug, and with a 20 ft easement centered on the pipe to 1 ft past the gate valve. 4. The new watermain easement may terminate at the point where it is adjacent to the existing utilities and drainage easements. Post Office Box 470 . 255 Sarazin Street • Shakopee, Minnesota 55379-0470 (952) 445-1988 • Fax (952) 445-7767 • www_spucweb.com Reliable Public Power Prodder RESOLUTION NO. 7479 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING A CONDITIONAL USE PERMIT FOR A RETAIL GROCERY STORE, PLANNED UNIT DEVELOPMENT AMENDMENT,AND FINAL PLAT OF SOUTHBRIDGE CROSSINGS 4TH ADDITION WHEREAS, Aldi Inc., applicant, and Shakopee Crossing LTD Partnership, property owner, filed an application dated July 24,2014 for a Conditional Use Permit,Planned Unit Development Amendment, for a Neighborhood Commercial Development within the Planned Residential District under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.44, Subd. 3; and WHEREAS,this property is zoned Planned Residential District(PRD)and WHEREAS,the property upon which the request is being made is legally described as; Lot 1,Block 1,of Southbridge Crossings 4th Addition; and WHEREAS,notice was provided and prior to City Council approval,the Planning Commission conducted a public hearing on September 4,2014,at which time it heard from the Community Development Director and invited members of the public to comment; and WHEREAS, Shakopee City Code Section 11.85 (Conditional Use Permits), Subd. 1 (Criteria for Granting Conditional Use Permits) states "In granting a conditional use permit, the Planning Commission shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole." ; and WHEREAS,the Planning Commission of the City of Shakopee did review the Conditional Use Permit on September 4,2014 and recommend the City Council adopt the following findings: 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 City has not received any evidence that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. Criteria#2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding#2 The conditional use permit will not impede future development and improvement in the area. The proposed use will bring a commercial development to a commercially guided lot. Criteria#3 Adequate utilities,access roads,drainage and other necessary facilities have been or will be provided; Finding#3 Adequate utilities, access roads and drainage exist to the site, or will be provided. 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 use of the subject property is conditional within the PRD—Planned Residential District, the use is consistent with the Comprehensive Plan Guidance and with the zone. Criteria#5 The use is not in conflict with the Comprehensive Plan. Finding#5 The use is not in conflict with the Comprehensive Plan. ;and WHEREAS,Shakopee City Code Section 11.50 (Planned Unit Development District) Subd. 6 Criteria for granting a Planned Unit Development, shall be utilized in granting a Planned Unit Development Amendment; and WHEREAS,the Planning Commission of the City of Shakopee did review the amendment to the Planned Unit Development on September 4, 2014 and recommend the City Council adopt following findings: Criteria No. 1: Whether the proposed development is consistent in all respect with the comprehensive plan and with this section. Finding No..1: The proposed use is a commercial grocery store, which is consistent with the comprehensive plan's guidance as commercial. Criteria No.2: Whether the proposed development,including deviations from design standards of the underlying zones,is compatible with surrounding land uses. Finding No. 2: The proposed sign deviates from the development standards for free-standing signs within the PRD zone.A condition that the sign shall only be lit between the hours of 8:00 a.m. — 9:00 p.m. has been included to mitigate the impact. With conditions the proposed development is compatible with the surrounding land uses. Criteria No.3: Whether the proposed development,including deviations from development standards of the underlying zone,provides adequate open space,circulation,parking, recreation,screening,and landscaping. Finding No. 3: The proposed amendment does not affect the open space, circulation within the site, parking, recreation, and landscaping Criteria No.4: Whether the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile,natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal,the recognition of this objective will be a basic consideration in granting approval or denial. Finding No. 4: This proposal does not affect the overall density of the development of the site. Criteria No.5: Whether there exists an overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development.However,the architectural style of buildings shall not solely be a basis for denial or approval of a plan. Finding No. 5: The amendment to the PUD will not alter the overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. Criteria No.6: Whether the proposed PUD plan would afford a greater general public benefit than would be realized under the underlying zoning district and/or general zoning provisions. Finding No. 6: The amendment to the PUD will not alter the sites public benefit.; and WHEREAS, the applicant, and property owner have made application for Final Plat approval of Southbridge Crossings 4th Addition; and WHEREAS,the property upon which the request is being made is legally described as; Lot 1,Block 1,of Southbridge Crossings 1sT Addition WHEREAS,the Shakopee City Council approved the Final Plat for Southbridge Crossings 1st Addition at its April 21, 1998 meeting; WHEREAS,the proposed final plat of Southbridge Crossings 4th Addition is in substantial compliance with the approved preliminary plat; and WHEREAS,the Shakopee City Council reviewed the Final Plat of Southbridge Crossings 4th Addition at its September 16, 2014 meeting; and NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA THAT THE FINAL PLAT OF SOUTHBRIDGE CROSSINGS FOURTH ADDITION IS HEREBY APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: I. The following items need to be addressed/completed prior to release of the Final Plat for recording: 1. Payments of Trunk Sanitary Sewer Charges need to be made,as required by the most current City of Shakopee Fee Schedule. 2. Payments of Trunk Storm Water Charges and Trunk Storm Water Storage and Treatment Charges need to be made,as required by the most current City of Shakopee Fee Schedule. 3. Provide electronic files(AutoCAD and Adobe Acrobat formats)of the Final Plat to be recorded with datum on the Scott County coordinate system. 4. Easements need to be shown/referenced on the Final Plat and as approved by the City Engineer. They will include,but are not be limited to,the following: o Minimum drainage and utility easements for public utilities will be dedicated per the City of Shakopee Design Criteria, Section 10.1 (A-D). The easements need to be centered along the public utility alignments. o The depth of the existing public storm sewer along the west side of Lot 2,Block 1 requires a minimum of forty-four(44)feet of drainage and utility easement,which is to be centered on the utility. The applicant will dedicate the portion of this drainage and utility easement on Lot 2,Block 1. o It appears portions of the bituminous trails along Southbridge Parkway and Old Carriage Court are outside of the rights-of-way. The applicant will provide an adequate trail easement if this is the case. The width is to be determined by the City Engineer once this is verified. o It appears as if the underground fiber optic line is outside of the drainage and utility easement. The applicant will provide an adequate drainage and utility easement to encompass this utility. The width is to be determined by the City Engineer once this is verified. 5. Park Dedication;given the location of the development,cash in lieu of land is recommended. o Park dedication fees in the amount required by the City Code and adopted City fee schedule shall be paid at the time of recording of the final plat. o (Gross Acreage—Public utility easement(PUE)acreage)x$6,930/acre =Park Dedication required.Based on current information(5.07035 acres—PUE)X $6,930.00/acre=Max$35,137.52 o The exact amount of acreage accepted by the City for public utility easements must be submitted to the Parks,Recreation&Natural Resources Director for the exact Park Dedication calculation. II. The following items need to be addressed/completed prior to approval of a grading permit and/or a building permit: 1. The applicant will submit a detailed traffic study that shall be approved by the City Engineer. 2. No improvements(site grading and street and utility)will be constructed until the City Engineer and the Shakopee Public Utilities(SPU)approves the required Final Construction Plans and Specifications. 3. Prior to any work in the City of Shakopee's rights-of-way,the applicant will obtain approval of a right-of-way permit. Please contact Jim Henderson at(952)233-9368 for details. 4. The applicant will comply with the maximum allowable impervious surface percentage set forth by the City Code. The applicant will submit an impervious surface drawing. 5. Infiltration will need to be incorporated into the site's design and storm water management plan. The amount to be infiltrated is set forth by the National Pollutant Discharge Elimination System(NPDES)requirements. 6. Surface water runoff for each of the lots will be required to be piped to the adjacent storm water basin. Overland flow will not be allowed as this creates a potential for future erosion issues. 7. The emergency overflow for the parking lot does not appear to meet the requirements set forth by the City of Shakopee Comprehensive Water Resources Management Plan. The emergency overflow needs to be a minimum of one and a half(1 %2)feet below the structure's finished floor elevation. This emergency overflow should be clearly denoted on the plans. 8. The applicant needs to obtain a NPDES construction site permit prior to any land disturbing activity. A copy of this permit will be provided to the City. 9. No filling will be allowed below the approved high water level of the adjacent storm water basin unless the City Engineer approves an adequate mitigation elsewhere in the basin. 10. All flared end sections to storm water basin will have geotextile fabric and class IV fieldstone riprap to the basin bottom. The amounts of fabric and riprap are set forth in the City of Shakopee General Specifications and Standard Detail Plates for Street&Utility Construction(Detail Number 4010). 11. The sanitary sewer serving Lots 1 and 2,Block 1 will be private. The shared sanitary sewer service will require a shared sanitary sewer agreement. A copy of this agreement will be provided to the City of Shakopee. 12. The flared end section proposed at the adjacent storm water basin will be corrugated steel. 13. The applicant will work with the City of Shakopee to utilize the existing curb cut/access on Old Carriage Court. If utilizing the existing access is possible,the installation of a pedestrian curb ramp with truncated domes will be required. 14. A commercial driveway and cross pan(per detail number 5006)will be required at each access to Southbridge Parkway and Old Carriage Court. 15.No portion of the access to Southbridge parkway will be located in the right turn lane taper. 16. The shared access between Lots 1 and 2 of Block 1 will require a shared access agreement. A copy of this agreement will be provided to the City of Shakopee. 17. The applicant needs to submit a landscaping plan in compliance with the most recent version of the City of Shakopee's Easement Fencing and Landscaping Policy. 18. Designs shall comply with City of Shakopee engineering detail plates. 19. Shall comply with City of Shakopee code sections 11.61 Parking, and 11.60 Performance standards. 20. Approval of building permit does not approve signs,all signs must receive a sign permit. 21. The proposed illuminated free-standing sign shall meet city code section 11.70, and the sign shall only be light between the hours of 8:00 a.m. and 9:00 p.m. 22. The proposed free-standing sign shall include space for the future development of Lot 2, Block 1. 23. The applicant shall obtain final approval of the storm water management plan. 24. Shakopee Public Utilities conditions: o The street light located along Southbridge Parkway at the proposed driveway is to be relocated by Shakopee Public Utilities at the developer's expense. o Electric transformer location to be 10 feet maximum distance from repaved trail hardened and widened to 12 feet to support a 7 ton vehicle and trailer from the Southbridge parkway driveway to a minimum 20 feet past the transformer pad. o The future lot's (lot 2 block 1)water service must end at the 6 inch gate valve with a plug,and with a 20 foot easement centered on the pipe to 1 foot past the gate valve. o The new watermain easement may terminate at the point where it is adjacent to the existing utilities and drainage easements. o Applicant shall contact Shakopee Public Utilities directly for specific requirements relating to their project. 25. A tree preservation plan is not required for this site since the limited number/size of trees. 26. A minimum of 37 trees and 23 shrubs must be placed on the site.Plantings shall comply with City code section 11.60. Subd. 8. 27. A landscaping financial security of$11,100(37x1.5x$200) is required to be provided to the City in form of letter of credit or cash escrow.Up to 75%of this financial security may be returned upon inspection and acceptance by the City of installed plants and upon the submittal of a City approved two year warranty from the landscape contractor who installed the trees. This warranty must cover plant health issues relating to excess or insufficient water. The remaining financial security will be held by the City for two years. 28. Landscape contractor must notify City of Shakopee Natural Resources Dept.when landscaping is complete.The warranty period shall not begin until inspection and City acceptance is complete. Contact 952-233-9511 or JBusiahn @ShakopeeMN.gov 29. The following trees are not accepted as required landscaping trees: o Maple(Acer) o Ash(Fraxinus) o Spruce(Picea) o Apple(Malus) 30. Trees shall be planted according to the following conditions: o Trees shall be planted a minimum of 4 feet from impervious surfaces. o Trees shall be planted a minimum of ten feet from property lines. o Trees shall not be planted in easements containing utilities. o Trees shall not be planted in City owned right-of-way. o Trees shall not be planted below overhead utilities. o Trees shall not be planted below high water levels(HWL) in existing or created ponds or wetlands. 31. Soil compaction for all non-structural landscaped areas(including landscaping islands)shall be between 75%-80%of Standard Proctor(maximum dry density)or not to exceed 300 PSI for a minimum of the top 18"of soil. Compaction samples are to be taken after final grading of the site is complete. samples are to be submitted and approved by the City of Shakopee before installation of landscaping begins. Samples shall be randomly taken with even coverage of all landscaped areas. Submit sample results to the Shakopee Natural Resources Dept.jbusiahn @shakopeemn.gov. Soils not meeting this requirement shall be subsoiled to relieve compaction. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held the day of ,2014. Mayor of the City of Shakopee ATTEST: Julie Linnihan, City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379