HomeMy WebLinkAbout12.A. I-State Companies Preliminary and Final Plat and CUP for multiple structures-Res. No. 6892, 6893
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 08-067
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Preliminary Plat of Interstate Addition, Final Plat of Interstate Addition, and
Conditional Use Permit for Truck/Trailer Service, Multiple Structures on One
Lot, and Exterior Storage in the Light Industry (I-1) Zone.
MEETING DATE: April 7, 2009
REVIEW PERIOD: November 27,2008 - April 25, 2009 (Applicant granted a 30-day extension)
INTRODUCTION
Pope Associates, Inc., on behalf of Interstate Companies, have submitted an application for
Preliminary Plat, Final Plat, and Conditional Use Permit approval of property located north of 4th
A venue East, west of Shenandoah Drive, and south of CSAH 101. The applicant is proposing to
preliminary plat five (5) industrial lots, ranging from 5.47 acres to 17.436 acres in size, with a Final
Plat of Lot I only at this time (overall site disturbed area to be approx. 23 acres ofthe 51 acres).
The applicant is proposing to construct a truck/trailer service facility on the property, with exterior
storage of trucks and trailers, and multiple structures on one parcel, all which require approval of a
Conditional Use Permit (CUP). An additional element oftheir business is the selling and servicing
of generators, with most service repair being conducted at the customer's site.
The proposed buildings consist of a 21,000 square foot office building (with 83 parking spaces and
constructed of brick, architectural block and glass) and an 86,000 square foot office/warehouse/
vehicle shop building (24 ft. height, precast panel construction materials, 19 service bays orientated
to the east and west). Specific design and performance standards shall be reviewed at time of
building permit, if this request is approved. That would include a review of the building materials,
landscaping, parking lot (and curbing) design, trash and rooftop screening requirements, and other
criteria (including lighting, noise, and odor regulations) as specified in the City Code.
The applicant has submitted a text amendment to allow stand alone office buildings in the Light
Industry Zone. This application will be reviewed by the Planning Commission on April 9th, with a
recommendation to be forwarded to the Council for action once the Commission has completed
their review and analysis of the request.
The Commission heard testimony on this item at their January 8th, February 5th, and March 5th
meetings and after closing the public hearing, they have forwarded recommendations on the
Conditional Use Permit and Preliminary Plat requests. The applicant did provide a 30 day
extension to the review period for this project, so the review period has been extended from March
26th to April 25th.
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Staff did receive a substantial amount of information from the residents in this neighborhood, as
well as the applicant. Information that is attached to this report includes:
1. Staff report from the January 8th Planning Commission meeting:
A. November 13th applicant's narrative.
B. September 8th and October ISth Acoustic Reports
C. December 31 st City Engineering memorandum
D. December 31 st City Consultant's (WSB & Associates) memorandum
E. December Sth Scott Co. Environmental Health memorandum
F. December 16th SPUC memorandum
G. December 31 st Scott Co. Public Works memorandum
2. Staff report from the February Sth Planning Commission meeting:
A. January 23rd letter from the applicant regarding additional information (including
addressing staff's letter from January 14th, diesel fuel standards documents and a
January 22nd document addressing potential blasting activities).
B. January 26th Technical memorandum regarding AUAR Review of trip generation
C. January 28th memorandum from the City Recreation Supervisor regarding the PRAB
and the EAC's recommendations
D. August IS, 2006 staff report and draft CUP resolution for the I-State Trucking
Project
E. February 3rd letter from Pope Associates regarding the draft CUP conditions
F. February Sth letter from Karen Marty, Marty Law Firm, LLC (on behalf of the
residential neighborhoods)
G. February Sth list of conditions for the project from the residents of Pine wood Estates
and Prairie Bend
3. Staff report from the March Sth Planning Commission meeting:
A. February 16th letter of response from the applicant regarding the neighborhoods'
suggested conditions
B. February 20th letter of response from applicant regarding the February Sth Public
Hearing comments
C. February 23rd letter of response from the applicant's attorney regarding Ms. Marty's
February Sth letter
D. March Sth letter from the City Attorney James Thomson regarding Ms. Marty's
February Sth letter
E. February 12th letter from the applicant granting a 30 day extension
4. A CD of the information that was introduced into the public record at the February Sth
meeting.
S. A February 24th Market Study from the applicant
6. Documents that were submitted at the March Sth PC meeting
7. March 20th responses from the residential neighborhood representatives regarding the
proposed CUP conditions
8. March 23rd revised plans from the applicant which address screening, storage and sound
level questions from the March 5th PC meeting
Additionally, the City did receive information on March 30th from the residential neighborhood
representatives (petition and a letter that addressed the Migratory Bird Act condition), although due
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to the City imposed March 23rd deadline for new information, staff was unable to share this
information with other staff for comments in a timely manner.
Staff has prepared resolutions for the Preliminary and Final Plat, as well as the Conditional Use
Permit for the Council's review. Underlined text is new text based on the Commission's
recommendation, with a strikethrough for eliminated text. The Commission did request of Planning
staff to specify the staffing levels for Interstate employees available for after hours/emergency
service, which is addressed as part of condition no. 26 of CUP Resolution No. 6893. The applicant
has since the March 5th meeting requested that the hours of operation be extended to midnight,
rather than 11 :00 p.m. Staff did not make this change, as that is not consistent with the
Commission's recommendation, nor did staff modify any conditions based on the March 20th letter
from the residential neighborhood representatives. If the Council desires any modifications to the
draft Resolutions, staff asks that the Council provide direction on any new, revised, or eliminated
text for consideration at the April 21 st Council meeting.
VISIONING RELATIONSHIP
This action supports:
Goal D: " Vibrant, resilient and stable"
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed the preliminary plat and Conditional Use Permit application at
its March 5, 2009 meeting, and by a 5-2, they recommended approval of the Conditional Use Permit
application, with revised conditions, and by a 6-0 vote, they recommended approval of the
preliminary plat, with revisions.
ALTERNATIVES
Preliminary Plat Request:
1. Approve Resolution No. 6892, a resolution approving the Preliminary and Final Plat of
Interstate Addition, subject to the conditions as presented.
2. Approve Resolution No. 6892, a resolution approving the Preliminary and Final Plat of
Interstate Addition, subject to revised conditions.
3. Do not approve the preliminary and final plat and direct staff to prepare a resolution consistent
with the direction of the Council for action at the April 21, 2009 City Council meeting.
4. Table the preliminary and final plat and request additional information from the applicant and/or
staff.
Conditional Use Permit Request:
5. Approve Resolution No. 6893, a resolution approving a Conditional Use Permit for truck and
trailer service, exterior storage and multiple structures on one lot, subject to the conditions as
presented.
6. Approve Resolution No. 6893, a resolution approving a Conditional Use Permit for truck and
trailer service, exterior storage and multiple structures on one lot, subject to revised conditions.
7. Deny the Conditional Use Permit for truck and trailer service, exterior storage and multiple
structures on one lot, and direct staff to prepare a resolution of denial for action at the April 21,
2009 City Council meeting, with findings as proposed by the City Council.
8. Table the Conditional Use Permit and request additional information from the applicant and/or
staff.
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ACTION REQUESTED
Approve Resolution No. 6892, a resolution approving the Preliminary and Final Plat oflnterstate
Addition, subject to the conditions as presented; and approve Resolution No. 6893, a resolution
approving a Conditional Use Permit for truck and trailer service, exterior storage and multiple
structures on one lot, subject to the conditions as presented.
g:\CC\2009\04-07\PP ]P _CUP _Interstate08067.doc
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RESOLUTION NO. 6892
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE
PRELIMINARY AND FINAL PLAT OF INTERSTATE ADDITION
WHEREAS, Pope Associates, Inc., applicant, and Interstate Companies, Inc., property owner,
have made application for preliminary and final plat approval of Interstate Addition; and
WHEREAS, the subject property is legally described as:
All that part of the North One-Half of Section 5, Township 115, Range 22, Scott County, Minnesota, lying
south of the southerly right-of-way line of the Chicago, St. Paul, Minneapolis and Omaha Railway Company
as the same is now located and established over and across said Section 5, and lying west of the centerline of
Shenandoah Drive; Excepting there from the following tract:
The West 1,234.91 feet as measured at right angles to the West line thereof, of that part of the Northwest
Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, lying south of the southerly right-
of-way line of the Chicago, St. Paul, Minneapolis and Omaha Railway Company as the same is now located
and established over and across said Section 5; Excepting there from the South 639.08 feet, as measured at
right angles to the South line thereof on said Northwest Quarter of Section 5.
WHEREAS, the Planning Commission reviewed the preliminary plat on January 8, 2009,
February 5, 2009, and March 5, 2009, and recommended approval of the proposed preliminary plat
with conditions; and
WHEREAS, on April 7, 2009, the City Council reviewed the proposed preliminary and
final plat.
WHEREAS, the City Council has evaluated the request and found the following findings:
Finding #1 The proposed preliminary and final plat, if developed under the conditions proposed
herein, complies with the requirements for approval of a plat under City Code
Chapter 12 generally.
Finding #2 The subject site contains bedrock materials very close to the surface. To the extent
possible while yielding buildable sites, the proposed plat preserves the site's natural
features. To the extent that natural features such as woodland areas on the site
cannot be preserved, the plat will be required to comply with City Woodland
Management and Landscaping requirements.
Finding #3 The proposed plat does not involve the construction of any additional public
roadways, but rather will utilize existing roadways that were developed and
constructed with industrial use in mind
Finding #4 Installation of sanitary sewer, storm water management, and water facilities as a
part of this plat from existing facilities will facilitate the future development of
adjacent and nearby vacant 1-1 zoned land
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA THAT THE PRELIMINARY AND FINAL PLAT OF
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INTERSTATE ADDITION IS HEREBY APPROVED, SUBJECT TO THE FOLLOWING
CONDITIONS:
I. The following procedural actions must be completed prior to the recording of the
Final Plat:
A. Approval of title by the City Attorney.
B. Execution of a Developer's Agreement, which shall include provisions for
security for public improvements within the Final Plat and the engineering
review fees.
C. Payments of Trunk Sanitary Sewer Charges shall be made, as required by the
most current City of Shakopee Fee Schedule.
D. Payments of Trunk Storm Water Charges and Trunk Storm Water Storage and
Treatment Charges shall be made, as required by the most current City of
Shakopee Fee Schedule.
E. Provide electronic files (Auto CAD and Adobe Acrobat formats) ofthe Final Plat
to be recorded with datum on the Scott County coordinate system.
F. The applicant shall submit a drawing clearly showing how the entire site, in a
fully developed condition, will be served by private utilities.
G. Street lighting shall be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
H. Electrical system shall be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
I. Water system shall be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
J. The applicant shall obtain an NPDES permit prior to any land disturbing activity.
A copy of this permit shall be forwarded to the City. The applicant shall adhere
to all NPDES Phase II permit requirements for erosion control before, during,
and after earth moving activities.
K. Park dedication fees in the amount required by the City Code and adopted City
fee schedule shall be paid prior to the recording of the final plat of Lot 1, Block
1, Interstate Addition. Park dedication payment for Outlot A, Interstate Addition
(Lots 2,3,4 & 5 as identified in the preliminary plat), shall be paid in an amount
consistent with the City of Shakopee adopted fee schedule in place at the time of
final plat recording for those parcels.
L. The applicant has yet to receive final approval ofthe site's storm water
management plan. Please see the attached memo from Todd Hubmer and Ted
Witkowski of WSB & Associates, Inc. dated December 31, 2008, which outlines
the items that need to be addressed in order to approve the plan.
M. Easements need to be shown on the Preliminary and the Final Plat as approved
by the City Engineer. They shall include, but not be limited to, the following:
. Minimum drainage and utility easements for public sanitary sewer and public
storm sewer need to 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.
. Provide adequate drainage and utility easements to encompass the approved
high water levels for all storm water basins (temporary and permanent).
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. For the proposed storm sewer from FES#3 to STMH#4 to FES#5, provide a
minimum of twenty (20) feet of drainage and utility easement, centered along
the utility alignment.
. For the proposed storm sewer from FES#6 to STMH#7 to FES#8, provide a
minimum of twenty (20) feet of drainage and utility easement, centered along
the utility alignment.
. For the proposed storm sewer from FES#9 to STMH#lO to FES#ll, provide
a minimum of twenty (20) feet of drainage and utility easement, centered
along the utility alignment.
. For the proposed storm sewer from FES#12 to Stand Pipe#13, provide a
minimum of thirty-seven (37) feet of drainage and utility easement, centered
along the utility alignment.
. Provide a minimum of ten (10) feet of drainage and utility easement at the
base/toe of the proposed berms within Outlot A.
. Provide adequate drainage and utility easements to encompass the entire
emergency overflow route from the temporary storm water basin located in
Outlot A to the site's ultimate emergency overflow.
. Provide a minimum of ten (10) feet of drainage and utility easement along the
interior of Outlot A.
. For the proposed sanitary sewer from SSMH#5 to the existing eight (8) inch
stub, provide a minimum of twenty-eight (28) feet of drainage and utility
easement, centered along the utility alignment.
. Drainage and utility easements from SSMH#5 to SSMH#6 to SSMH#7 to
SSMH#8 are not required as this is a private service.
II. Following approval and recording of the final plat, the following conditions shall
apply:
A. The applicant shall provide six (6) inches of topsoil below areas to be sodded.
The soil composition should be similar to the MnDOT topsoil borrow
requirements.
B. The applicant shall provide rain sensors for any irrigation system.
C. The applicant shall provide storm water computations for the proposed site to
insure the downstream system can accommodate the runoff.
D. The applicant shall provide inlet protection to the storm sewer catch basin
consistent with City standards.
E. The applicant shall implement the use of Best Management Practices for erosion
control and stormwater management during construction.
F. The applicant shall utilize the MPCA Protecting Water Quality in Urban Areas as
a technical reference for erosion control.
G. The applicant shall plant replacement trees hardy to Scott County climates.
Recommended tree species to utilize in this area are:
a. Hackberry (Celtis occidentalis)
b. Northern Catalpa (Catalpa speciosa)
c. Bur oak (Quercus macrocarpa)
d. White cedar (Thuja occidentalis)
e. Eastern white pine (Pinus strobes)
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H. The applicant shall submit a landscaping plan for all areas where clearing and
grubbing are approved, for review and approval by the City of Shakopee.
I. The applicant shall replace all trees that are to be cut down with the appropriate
number and species to be determined by City staff and the Woodland and Tree
Management Ordinance.
J. Silt fence and/or tree protection fence shall be installed prior to any site work
and/or tree removal, consistent with the City Code requirements. This fencing is
to be removed following establishment of vegetation as determined by an
inspection by City staff.
K. The applicant shall comply with the City's Woodland and Tree Management
Ordinance requirements.
L. The applicant shall mix tree species along Shenandoah Drive to prevent the
impacts from disease.
M. The applicant shall not plant trees and/or shrubs within five (5) feet of all
property lines, nor within any drainage and utility easements.
N. The applicant shall receive approval from the City prior to clearing and grubbing
for development of Lot 1, Block 1. Additionally, the applicant is approved to
clear and grub on Outlot A to accommodate utility installation, consistent with
submitted plans.
O. The applicant shall design and development a trail along the east side of
Shenandoah Drive, consistent with City Code requirements.
P. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
Q. The developer and/or their assigns shall be responsible for any required or
desired noise or dust mitigation measures.
R. The applicant shall meet the screening and landscaping ordinance requirements
of the City Code.
S. Any impact this development has, as far as adjusting or relocating existing
facilities, is subject to reimbursement to Time Warner Cable applicable costs of
relocation/adjustment and subject to scheduling of work requested.
T. The Planning Commission reviewed and studied the safest and most feasible
location for the construction of a trail along Shenandoah Drive to accommodate
future trail connections, and selected the east side of Shenandoah Drive;
therefore, the developer shall construct the trail consistent with this selection and
consistent with City Code requirements.
III. Following approval and recording of the final plat, the following conditions
need to be addressed/completed prior to approval of a grading permit and/or a
street and utility plan:
A. No public improvements (site grading and street and utility) will be constructed
until the City Engineer and the Shakopee Public Utilities Commission (SPUC)
approves the required Final Construction Plans and Specifications.
B. The applicant will grade the entire site, as proposed on the submitted plans, in
one phase within one year from the date of approval of the grading permit
application. Grading will be defined as bringing the site up to the proposed
finished grade with materials deemed acceptable by the City of Shakopee
Engineering Department, providing topsoil per City requirements and applying
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seed, mulch and/or sod per City requirements and providing an as-built grading
plan per Section 2.5 of the City of Shakopee Design Criteria.
C. The applicant needs to denote the installation of two (2) feet of an impermeable
clay liner below the approved normal water level to the bottom of all storm water
basins.
D. The applicant needs to denote a top of berm width of a minimum of eight (8) feet
over the public sanitary sewer within Outlot A.
E. The applicant needs to remove all proposed landscaping from within drainage
and utility easements per the most recent version of the City of Shakopee
Easement Fencing and Landscaping Policy. Areas that are not in compliance
include, but are not limited to, the following:
a. Drainage and utility easements encompassing the approved high water
levels of all storm water basins.
b. Drainage and utility easements encompassing the emergency overflow
route from the temporary storm water basin in located Outlot A.
c. The drainage and utility easement centered on the storm sewer alignment
from FES#2 to STMH#1 to the existing eighteen (18) inch corrugated metal
pIpe.
d. The drainage and utility easement centered on the storm sewer alignment
from FES#3 to STMH#4 to FES#5.
e. The drainage and utility easement centered on the storm sewer alignment
from FES#6 to STMH#7 to FES#8.
f. The drainage and utility easement centered on the storm sewer alignment
from FES#9 to STMH#lO to FES#I1.
g. The drainage and utility easement centered on the storm sewer alignment
from FES#12 to Stand Pipe#13.
F. The applicant shall work with the City of Shakopee to raise all portions of the
proposed retaining walls above the approved normal water levels in all storm
water basins.
G. The applicant shall work with the City of Shakopee to remove all proposed
retaining walls from within drainage and utility easements containing public
storm sewer pipe.
R. At all proposed parking lot curb cuts draining to storm water basins, the applicant
shall provide a catch basin in the parking lot leading to a flared end section at the
approved normal water level. The storm sewer pipe needs to be reinforced
concrete.
1. The applicant shall provide a defined outlet (piped or overland) from the
temporary storm water basin along 4th Avenue to Stand Pipe#13.
J. STMH#I, STMH#4, STMH#7 and STMH#10 need to be replaced with pond
skimmer structures per the City of Shakopee General Specifications and Standard
Detail Plates for Street and Utility Construction (Detail Number 4012).
K. The applicant shall work with the City of Shakopee to provide adequate cover
over the top of the proposed public sanitary sewer within Outlot A.
L. The applicant has yet to receive approval of the site's storm water management
plan. Please see the attached memo from Todd Hubmer and Ted Witkowski of
WSB & Associates, Inc. dated December 31, 2008, which outlines the items that
need to be addressed in order to approve the plan.
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IV. Following approval and recording of the final plat, the following conditions
need to be addressed/completed prior to issuance of a building permit:
A. Recorded plans need to be provided per the City of Shakopee Design Criteria,
Section 2.5 and Section 11.2 (A-L). The recorded plans need to be submitted to
the City of Shakopee Engineering Department.
B. The applicant shall provide staff information pertaining to any proposed blasting
activities. This information shall include:
1. Proof of insurance coverage for damage to neighboring properties.
2. How they intend to monitor vibrations caused by blasting activity in the
vicinity of the residences.
3. Video tapes of the exterior and interior of residences prior to commencing
with blasting activities in order to confirm existing conditions.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,
held the _ day of ,2009.
Mayor of the City of Shakopee
Attest:
Judy Cox, City Clerk
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RESOLUTION NO. 6893
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A CONDITIONAL
USE PERMIT TO ALLOW TRUCKlTRAILER SERVICE, EXTERIOR STORAGE, AND
MULTIPLE STRUCTURES ON ONE LOT AT PROPERTY LOCATED NORTH OF 4TH AVENUE,
EAST OF SARAZIN STREET AND WEST OF SHENANDOAH DRIVE
WHEREAS, the City of Shakopee received an application from Pope Associates, Inc., applicant,
and Interstate Companies, Inc., property owner, for a Conditional Use Permit to allow truck/trailer service,
exterior storage and multiple structures on one lot in the Light Industry (I-I) Zone.
WHEREAS, the property for which the application was made is legally described as follows:
Lot 1, Block 1, Interstate Addition
WHEREAS, notice was provided and on January 8, 2009, February 5, 2009, and March 5, 2009, the
Planning Commission conducted a public hearing regarding this application, at which it heard from the
Community Development Director and invited members of the public to comment.
WHEREAS, on April 7, 2009, the CUP request was reviewed by the Shakopee City
Council.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA that it hereby adopts the following findings relative to the request for
Conditional Use Permit:
Finding #1: The Council finds that the use will not be injurious to the use and e~oyment of other property
in the immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property values within the immediate vicinity, if conducted in accordance with
proposed conditions.
Finding #2: The Council finds that the establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding property for uses allowed in the area,
provided the conditions noted in the resolution are met.
Finding#3: The Council finds that adequate utilities, access, drainage and other necessary facilities have
been or will be provided for the site, provided the conditions noted in the resolution are met.
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Finding #4 The Council finds that the use is consistent with the purposes of the Light Industry Zone,
provided the conditions noted in the resolution are met.
Finding #5 The Council finds that the proposed use is consistent with the purposes of the Comprehensive
Plan, which guides the subject property for industrial use.
BE IT FURTHER RESOLVED, that the application for Conditional Use Permit to allow
truck/trailer service, exterior storage, and multiple structures on one lot is hereby GRANTED, subject to the
following conditions:
1. The site shall be developed consistent with the submitted site plan for the truck service and exterior
storage facility, unless otherwise noted in the following conditions.
2. The site shall be developed consistent with the conditions noted in the approved Preliminary Plat
resolution.
3. Construction ofthe office building shall not occur until such time that: 1) a Text Amendment that
allows office buildings as a permitted use ofthe 1-1 Zone is approved; 2) the use of the building is
consistent with the I-I permitted uses; or 3) the proposed building is redesigned and incorporated
into the repair facility building.
4. All applicable design and performance standards of the City Code shall be complied with, especially
those identified in Section 11.60 (Performance Standards) and Section 11.44 (Light Industry Zone).
5. The development shall comply with City Code Section 10.53 Public Nuisance and Section 10.60,
Noise Elimination and Noise Prevention.
6. Shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the
development as a whole and for the individual buildings and structures within the development.
7. Shall consist of structures that are owned, maintained, and operated under unified control in
accordance with a plan which contains provisions providing for the enforcement thereof.
8. Shall be screened from all public right-of-way and residentially zoned land, with an opaque fence,
wall or berm that shall be a minimum of six (6) feet in height. but not to exceed eight feet in height,
constructed of new materials, and maintained in good condition.
9. Shall have a maximum area of exterior storage equal to the combined footprint of the principal and
accessory buildings.
10. Shall be surfaced entirely with asphalt or concrete, or elass fi-;e (5) aggregat-e.
11. Shall screen all storage areas associated with the vehicle repair operation.
12. Shall not be located on a lot or parcel of land within 200 feet of any residential zone.
13. Perimeter eurb and gutter shall be installed, .....ith the desigB and mat-erials consistent with the City's
DesigB Criteria.
1 {. Wat-er run off from serviced aRdlor washed vehicles shall be treated aad disposed of properly.
15. The applicant shall comply with the screening and landscaping requirements as identified in Section
11.60 of the City Code.
16. Building construction, sewer, water service, fire protection and access will be reviewed for code
compliance at the time of building permit application(s).
17. The developer and/or their assigns shall be responsible for any required or desired noise or dust
mitigation measures.
18. Approval ofthis conditional use permit does not constitute approval of any signs. Sign permits shall
be required for all signs, and sign permit applications will be reviewed for compliance with City
Code requirements at the time of application.
19. Sales of commercial trucks, trailers and buses are not permitted. Any other products sold in
conjunction with commercial trucks must be contained within the principal structure.
20. Outside storage will be limited to semi-tractors and trailers, consistent with the submitted
parking/storage plan.
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21. Shall not store any vehicles that are Rot off-ered f-or sale which are unlicensed for more than seven (7)
days and/or vehicles that are inoperative for more than seven (7) days.
22. Concrete perimeter curb and gutter shall be installed, with the design and materials consistent with
City's Design Criteria for concrete curb and gutter.
23. Water run-off from serviced and/or washed vehicles shall be treated and disposed in accordance with
local, state and/or federal requirements.
24. The applicant shall obtain a hazardous waste license from the Scott County Environmental Health
Department.
25. Any development of the site shall comply with the regulations of the Migratory Bird Treaty Act.
26. Hours of operation shall be limited to 7 a.m. to 11 p.m., Monday through Friday. The applicant will
be allowed to operate a "skelet-oR" erew a staff of no more than 10 employees to handle emergency
calls for tov/iftg to the facility service after hours of operation.
27. Overhead service doors shall remain closed both during and after hours of operation, except to allow
vehicles to enter and exit the service area.
28. No unattended idling of trucks in excess of +.3- 30 minutes shall be allowed outside the building(s).
29. Blasting shall be conducted consistent with the State and City Code requirements or as specified by
the City Engineer (hours, charge size, etc.).
30. -<''--ir eql:lipmeatlgeRerators shall only be stored and used indoors.
31. Afty proposed feRciRg shall Rot exceed eight (8) feet in height.
32. There shall not be any painting and/or body work conducted on any vehicles on site.
33. There shall be allowed a 50 foot by 50 foot outside temporary storage on the west side of the
property for storage of generators and refrigeration units.
34. All repair work shall occur within the repair facility structure.
Adopted by the City Council on the _ day of ,2009.
Mayor
ATTEST:
R. Michael Leek, Community Development Director
PREPARED BY:
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 08-067
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner II
SUBJECT: Preliminary Plat of Interstate Addition and Conditional Use Permit for
Truck Service, Multiple Structures on One Lot, and Exterior Storage in
the Light Industry (I-I) Zone.
MEETINCDATE: January 8, 2009
REVIEW PERIOD: November 27,2008 - March 26,2009
SITE INFORMATION
Applicant: Pope Associates, Inc. (representing Interstate Companies)
Location: North of 4th Avenue East, West of Shenandoah Drive, South ofCSAH
101
Current Zoning: Light Industrial (I-I) Zone
Adjacent Zoning: North: Light Industry (I-I) Zone
South: Agricultural Preservation (AG), Urban Residential (R-IB) and
Highway Business (B-1) Zones
West: Light Industry (I-I) Zone
East: Light Industry (1-1) Zone
Compo Plan: Industrial
Area: SO.926 Acres
MUSA: This site is within the MUSA boundary
Attachments: Exhibit A: Zoning/Location Map
Exhibit B: Applicant Narrative
Exhibit C: Plat Plans
Exhibit D: SitelElevation Plans
Exhibit E: Engineering Department Memorandum
Exhibit F: Parks. and Recreation Advisory Board Memorandum
Exhibit G: Shakopee Public Utilities Commission Memorandum
Exhibit H: Scott County Environmental Health Memorandum
Exhibit I: Scott County Public Works Memorandum
INTRODUCTION
Pope Associates, Inc., on behalf of Interstate Companies, have submitted an application for
Preliminary Plat and Conditional Use Permit approval of property located north of 4th Avenue
l~
East, west of Shenandoah Drive, and south of CSAH 101. Since the Conditional Use Permit
application is closely related to a land use application (Preliminary Plat), the request is to be
considered by the Planning Commission and City Council, rather than the Board of
Adjustment and Appeals. The applicant is proposing to plat five (5) industrial lots, ranging
from 5.47 acres to 17.436 acres in size, although the disturbed area will be approx. 23 acres of
the 51 acres as the proposed development will occur primarily on the northeasterly parcel (Lot
1) at this time. The applicant is proposing to construct a truck service facility on the property,
which would also include exterior storage of trucks and trailers, and desire multiple structures
on one parcel, all which require approval of a Conditional Use Permit (CUP). Additionally,
an additional element of their business is the selling and servicing of generators, with most
service repair being conducted at the customer's site. The proposed buildings consist of a
21,000 square foot office building (with 83 parking spaces and constructed of brick,
architectural block and glass) and an 86,000 square foot office/ warehouse/vehicle shop
building (24 ft. height, precast panel construction materials, 19 service bays orientated to the
east and west - if approved, the precast panel structure materials shall comply with the
performance standards). The applicant in their narrative notes the desire for two separate
buildings rather than integrate the office building into the main facility in order to create an
upscale designed office building; however, the City Code states that offices are allowed only
within the principal structure and directly associated with another permitted use; therefore, the
developer will need to either resubmit revised plans that combine the two structures into one
facility prior to any approval, or submit a text amendment application to allow freestanding
office buildings as a permitted use in the Light Industry zone. This position regarding the
office building is consistent with the staff report proposed in 2006 when Interstate first
proposed their development of this site. Since this request may impact the overall plat
development, staff is recommending the continuation of both requests (the Preliminary Plat
and Conditional Use Permit) rather than just the Conditional Use Permit.
The developer also proposes the removal of approx. 310 trees from the site, predominately in
the northeasterly portion of the property, and intends to install 205 trees on the site in addition
to a 5' -8' berm along the south line of this facility, with the remaining undeveloped land to
the south to remain in its current state (no tree removal until future development occurs).
CONDITIONAL USE PERMIT:
City Code Sect. 11.88, Subd. 2. Y. (retail sales of products manufacture, fabricated,
assembled, or stored on site) and Subd. 2.BB. (vehicle repair) provide the following standards
for the requested uses:
1. shall sell products only within the principal structure.
2. shall limit the area devoted to display and sale of the projects to no more than 15% of
the principal structure or 2,000 square feet within the principal structure, whichever is
less.
3. shall not require or result in exterior building modifications.
4. shall have no outside storage or display or accessory structures.
5. shall submit a sign plan.
6. shall not store any vehicles which are unlicensed or inoperative for more than seven
(7) days.
7. shall screen all storage areas.
~ \'5"
8. shall not be located on a lot or parcel of land within 200 feet of any residential zone.
Their proposal includes a vehicle service and office building and exterior storage of
trucks/equipment, along with the sales/service of generators. This business activity would
appear to comply with the specific conditions that are identified above, except for the office
building. Specific design and performance standards shall be reviewed at time of building
permit, if this request is approved. That would include a review of the building materials,
landscaping, parking lot (and curbing) design, trash and rooftop screening requirements, and
other criteria (including lighting, noise, and odor regulations) as specified in the City Code.
Several city departments and outside agencies have provided memorandums which note
comments/conditions as a result of their review of the project. These memorandums have
been attached to this report.
The Engineering Department has reviewed the application and provided a memorandum that
includes a number of conditions that shall be incorporated into the resolution should this
request be approved. Included with their memorandum is a memorandum from WSB &
Associates, Inc., which addresses their review of the storm water, grading and utility plans.
Shakopee Public Utilities provided a memorandum, noting that street lighting shall be
considered along Shenandoah Drive, consistent with the design/policy requirements of the
City and SPuc. Staff is recommending that street lighting be installed on both sides of
Shenandoah at this time, fromHwy. 101 to 4th Avenue.
Scott County Public Works reviewed the preliminary plat, and provided comments which
includes a recommendation that the developer conduct a traffic study of the site and
surrounding intersections, and should include current and future traffic, trip distribution, and
potential traffic generated by the outlots on 4th Avenue. The applicant has included in their
narrative information that traffic ( volumes are expected to be less than the previously
submitted proposal due to the elimination of the sales operation and the generator sales
building.
Scott County Environmental health provided a memorandum, noting a condition of approval
should this request be approved.
The City Recreation Supervisor commented that although the Parks and Recreation Advisory
Board (PRAB) and the Environmental Advisory Committee (EAC) have not yet reviewed this
request (scheduled for review at their joint meeting of January 26, 2009), preliminarily the
applicant can anticipate a condition that park dedication fees in an amount consistent with the
current city fee schedule will be required (SO.9 acres @$6,930.00/acre).
STAFF RECOMMENDATION
Based on the comments received from the staff reviews, Planning staff recommend that the
Planning Commission continue the public hearing and request the submittal of additional
information by the applicant to address those staff comments.
~ 1(0
VISIONING RELATIONSHIP
This action supports:
Goal D.' " Vibrant, resilient and stable"
ALTERNATIVES
l. Offer a motion to direct staff to prepare a resolution of approval of a Conditional
Use Permit for truck service and exterior storage, with conditions as suggested by
staff and the Commission, for action at the February 5, 2009 meeting.
2. Offer a motion to continue the public hearing to request additional information
from the applicant regarding the Preliminary Plat and Conditional Use Permit
applications.
3. Offer a motion to table a decision and request additional information from the
applicant and/or staff.
ACTION REQUESTED
Offer a motion to continue the public hearing to request additional information from the
applicant regarding the Preliminary Plat and Conditional Use Permit applications.
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November 13, 2008
Mr. Mark Noble
City of Shakopee
Community Development Department
129 Holmes St. South
Shakopee, MN 55379
Re: PROJECT NARRATIVE
Proposed Interstate Development, Shakopee, Minnesota
Dear Mark,
A plat with a CUP application was previously made by I-State Truck Center on February
3, 2006. The requirement has changed, and we have prepared a revised plat and CUP
application for your review and approval. If our plat and CUP application are approved,
we would like to commence construction in the Spring of 2009, with a Fall completion.
As a result of the community's reaction to their proposed operation in 2006, Interstate
built a facility, known as I-State, in Inver Grove Heights. They have transferred some of
the functions, such as truck sales, that were previously proposed for Shakopee to the
Inver Grove Heights facility. Proposed for Shakopee are the following functions:
. Headquarter. Office/Management
. Administration
. Sales (.off-site)
. Engine Service
. Outside TrucklTrailer Storage
We request your approval of the plat and Condition Use Permit under current 1-1 .zoning
to allow for vehicle maintenance, outside vehicle storage and a free-standing single story
office building. The.planas proposed includes two separate building structures.
Alternatively, we could comply with zoning with respect to the office building and
integrate the office into the main facility. But we thought that it was good site planning to
create an upscale designed office building.
The revised site contains 17.4 acres. The 2006 plan has been changed to move the
development further north toward Highway 101. The southern edge of the SUbject
building is now 695' away from the closest private residential property line (mOTe than
the length of two football fields). Our intent was to locate and design this operation so
that it has no impact on the surrounding neighborhoods to the south. We feel that we
have accomplished this objective.
The improvements include two building structures. The headquarters office building is
one story, containing 20,730 square feet, and parking for ~_9_~~ (4/1000 sf). The
. exterior building materials include brick, pre-colored architectural block and glass.
The second building is 86,065 sf, 24' clf:lar ceiling height. It also has office functions, as
well as engine service bays and parts storage. The exterior will be painted precast
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Page 2
panels. There will be 19 service through bays. The service bays orient toward the east
and west. Surface parking is 213 cars, (2.47/1 000), 36truck, and 32 trailer spaces.
Exterior lighting will be shoe-box style down cast high pressure sodium lights, on 25'
poles and building mounted down cast fixtures.
Extensive landscaping will be totally irrigated. We will build a 5'- 8' high earth berm
along the south property line, which will be planted with evergreen trees for screening.
in addition, the remaining undeveloped land south of the sUbject site will remain as-is
with all existing natural trees until a sale is consummated for a future light industrial
development.
Storm retention ponds shown on the plans are per City Engineering requirements.
These collect and drain into the area storm water system, feeding to the Minnesota
River.
Water utilities are currently in Fourth Avenue and on adjacent SPUC property to the
west, and will be extended to the subject development.
Sanitary sewer will be extended from Sarazin Street and from the intersection at Fourth
and Shenandoah to serve the two buildings.
The quality ofthis industrial facility will be outstanding, reflecting many upgrades. A
great deal of pride has gone into the design of this operation. The c::ompany aims to be a
great corporate citizen in Shakopee.
Neighboring residents complained about the development project and use that was
proposed in 2006. United Properties is representing Interstate Companies with this
revised application. We scheduled a neighborhood meeting on July 15, 2008 to review
our plan revisions, review the intended revised use-of property, and to listen to their
concerns and questions.
We had a large turnout, approximately 60 neighbors. Some came to the meeting in an
angry mood. Even before we presented the changes it was clear that they had an
agenda for requiring conditions that will restrict the business operations at the proposed
new facility for Interstate. It was alarming how many false statements and
misunderstandings that were made by the neighbors.
Below is a list of the stated concerns. We have provided our response next to each:
1. "The taxes have not been paid onthe property for several years."
This is not true. There was an assessment mix-up by the County in 2006
when the property was sold tol-State, which the City corrected.
2. "Your use is heavy industrial, not light industrial, and does not belong here."
According to the Shakopee Ordinance, and confirmed by the City Staff,
Interstate's operation is an allowable 1-1 use, with a Conditional Use
Permit. It is our understanding that the City Attorney confirmed this when
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Page 3
the 2006 Application was processed. In addition, we know that this use
would be accepted in the light industria! districts of nearby cities such as
Eagan, Mendota Heights, Burnsvllleand Inver Grove Heights. Finally,
SPUC, a somewhat similar operation to Interstate's, was approved as a
light industrial use with a Conditional Use Permit for the outside storage
of their line trucks and other equipment necessary for operation. They are
a 24-7 operation.
3. "The former plan had a generator building. Will you service generators."
Interstate sells generat,ors and services generators, butm,2~t service
repair is done at the Customer site. Interstate tak~s delivery of new
generators from the manufacturer, sell and ship it to the Customer.
4. "We understand that Interstate has a lawsuit against the City of Bloomington." A
neighbor inferred that there was a conflict between Bloomington and Interstate
with respect to the use of the existing buildings.
There is no lawsuit with the City of Bloomington. There was one with the
Metropolitan Airport Commission. Interstate was trying to establish the
value of the Bloomington property as a potential hotel site. MAC is
purchasing the Bloomington property as part of the new runway aUhe
airport. This lawsuit is common business practice for such instances.
5. "Interstate, why do you want to locate your business here, when you are clearly
not welcome?"
Interstate is a successful company, founded in 1957. The company
employs over 7.00 employees and has numerous facilities throughout
western United States. The work that is done is highly technical, and as
such, the employees are highly paid. Technicians earn salaries between
$55,000 and $75,000. The company, and many of its employees, are
active in the communities that they work and live, and have a concern for
civic issues and involvement. There are no reasons to be concerned
about Interstate as a corporate neighbor.
6. "We've seen your other facilities in Roseville and Bloomington. They are
unsightly. parts are scattered, lots of vehicles, and are you going to have a fence
with barbed wire?"
We agree that in the past, Roseville was a cluttered location. That
location has been replaced with a new building inlnver Grove Heights
and is an excellent looking facility. The high quality found in their new
lnver Grove Heights facility sets the new standard of operation. The
revised site plan will include berming and extensive landscaping to shield
the site from adjacent street views, so there will be little impact on
adjacent sitest and especially the neighborhood to the south.
7. "Is the City going to extend Shenandoah Road to Hwy 169? If so, that streetwiU
pass our neighborhood, increasing truck traffic."
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Page 4
We told the neighbors that we were not aware of any plans by the City to
extend Shenandoah Road. We have no input in such decisions. Our
traffic uses Highway 101.'
8. "Can we flip the new site plan and use the office portion to screen the truck
area?"
We do not agree that additional refinements are needed to the site plan or
building. Sufficient landscape screening is included in the plan. We think
that it is a very thoughtful plan that sufficiently addresses the neighbors'
initial concerns, and works well for Interstate's operational requirements.
9. "Several questions by individuals wanting to know the hours of operation, amount
of traffic, noise and odors."
Interstate runs two shifts per day, 7am to 4 pm; 3 pm to 11 pm, five days
per week. The majority of employees work the first shift. Currently less
than 1 0 employees work the second shift.
The employees consist of office workers (Le., management, sales, and
administration) and mechanics. Their work and activities are consistent
with other industrial companies.
Their business is mostly truck engine repairs, with other general truck
repair done in small numbers. They do not repair tires. Trucks come and
go in modest increments throughout the day (25 average). Our revised
site plan orients the site to the north, significantly away from Fourth
Avenue. All site access is on Shenandoah Road. Interstate's customers
will use Highway 101 to Shenandoah for access. Any test drives wilt
typically use Highway 101.
Noise from trucks and equipment will be within City Sound Standards.
Attached is an acoustical report, prepared by KRA, which has tested
Interstate's other facilities in Bloomington and Inver Grove Heights. It is
our conclusion, given the site plan location to the north, that the neighbors
will not hear noise above standard norms from this operation.
Odors are not a problem with this operation. Current government clean
air guidelines require all trucks to have cleaner emissions. And the
prevailing winds out of the northwest will direct air away from the
neighborhood that is located south of this site.
10. Someone asked about the plans to develop the sites along FourthAvenue. "Is
there a way for the City to purchase it and keep it as park land?"
There are currently no plans to develop the remaining land along Fourth
Avenue owned by Interstate. Interstate is currently marketing the
property for sale. Presumably, it will be developed for light industrial
uses, as it is zoned. Any proposed project will be submitted
independently for City review and approval.
~~
Page 5
At the end of the meeting, several people stated that they liked the plan changes that
have been made.
The reality is that many of the neighbors wish that the property would remain
undeveloped. They have been accustomed to the current park-like condition. Even
though we have pushed the new development substantially to the north, approximately
695 feet from the closest residential property line, they are visualizing it like it is right
next door; and still feel compelled to ask Interstate to restrict their use of their land. I
don't think that this is justified given the plan changes that have been made. We don't
believe that noise or traffic generated at this property will impact that residential
neighborhood.
As noted above, this project includes an application for a Conditional Use Permit for the
following items:
. Two buildings on one lot
. Free-standing office building
. Vehicle maintenance
. Outside vehicle storage
A Conditional Use Permit requires that five findings be met for the Permit to be issued.
We address each finding as follows:
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. As noted
above, the building containing service operations is 695' away from the closest
private residential property, and a landscaped berm will be created along the
south property line. This building is also located atthe back of the property away
from Shenandoah Drive. We feel the responses to citizen's concerns in Items 1
through 9 above are ample assurance that Interstate's operations will not be a
detriment to the surrounding property.
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. Our project team has worked with City staff to ensure
that the utilities and systems designed for this project will be compatible with, and
support potential uses of the surrounding properties under the 1-1 zoning.
3. Adequate utilities, access roads, drainage, and other necessary facilities
have been or will be provided. Our project engineers have coordinated th~ir
design with City staff to ensure that the utilities and systems designed for this
project will integrate with existing City utilities and systems, both for this project
and potential future uses.
4. The use is consistent with the purposes of the zone in which the applicant
Intends to locate the proposed use. The conditional uses noted above are
compatible with the 1-1 zoning. The proposed separate office building provides
even more screening of the service facility and is less intrusive than typical
Industrial zoning uses. As noted in citizen's concern #2 above, outside storage is
consistent with the neighboring SPUC facility, which already has a Conditional
Use Permit for outside storage.
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Page 6
5. The use is not in conflict with the comprehensive plan. The Shakopee
comprehensive plan indicates that the Interstate property is to remain as
Industrial use. The proposed project is consistent with the zoning requirements
for Industrial use.
Interstate Companies is a good company with an excellent history and reputation. Our
economy needs successful businesses like this to employ our workers. We think that
our revised plan is considerate of the neighborhood objections, and we respectfully
request your approval.
Sincerely,
4J~
Dale J. Glowa
Senior Vice PresIdent
United Properties LLC
DJG/bls
at.(
...
KVERNSTOEN, RONNHOlM & ASSOCIATES/ INC.
CONSULTANTS 1N ARCH!TECIUR,t\l ACOUSTlCS
8 September 2008
Jeff Caswell
Interstate Companies, Inc.
2501 American Boulevard East
Bloomington, MN 55425
ACOUSTICS REPORT: INTERSTATE COMPANIES
BACKGROUND
Kvernstoen, Ronnholm & Associates, Inc. was retained by Interstate
companies to help to ensure that noise levels from the proposed new facility in
Shakopee, at Hwy 101 and Shenandoah, will not exceed the Shakopee Noise
Ordinance, or be bothersome to the neighbors to the south, along 4th Avenue.
Two noise sources were presented as having this noise potential, as follows:
1. Refrigerator trucks, or "reefers", which would be parked along the south
parking area, as shown in Fig. 1, There might be a maximum of 1 Oin a
row, with the refrigeration units running simultaneously. These would be
parked with the refrigeration unit facing toward the north, and with the
trailers parked approximately 2' apart. The parking situation ensures
that the trailers will be parked with the refrigeration unit facing north,
since the south curb would preclude parking the trucks to face the
south.
2. A Dynamometer (think of a treadmill for a truck) will be located as
shown on Fig 1 . This is run occasionally for periods of 5 - 10 minutes at
a time. The normal test set-up is to run the truck/Dynamometer with
the garage door closed, but on rare occasions, the garage door might
be opened, either just a couple feet, or more rarely, completely open.
2444 BRYANT AVENUE SOUTH, SUITE 300, MINNEAPOLIS, MN 55405
TEL 612.374.3800' FAX 612.374.3133' eMAIL info@kracoustics.com
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Interstate Companies, Inc Page 2
Acoustical Report
8 September 2008
PROCEDURE
In order to ascertain what the possible annoyance of the noise levels would be
at the property line along 4th Avenue, I performed two kinds of acoustical
testing, as follows:
1. I tested typical current ambient noise levels at the location of Spruce &
4th Avenue, near the entrance to the housing subdivision to the south.
Testing was done at two different times; 1) During the period of 4:20-
4:50 AM on the morning of 9/02/08, and 2) During the period of 5:20 -
5:50 PM on the afternoon of 9/04/08. Statistical testing was done at this
time, in order to discover the typical background noise levels during
those periods. The LlO and L50 were measured at the north property line
of the subdivision during those periods.
2. I also tested noise levels of the refrigeration unit on a trailer on the
Interstate property in Bloomington, MN. I tested the noise levels of the
unit behind the trailer, with the refrigeration unit running both on High
and low speeds. I also tested noise levels in a number of locations
while the Dynamometer was running at full speed. This testing was also
done at the Interstate facility in Bloomington.
With the above measured data, I constructed an acoustical model of noise that
could be expected at the residential property line along 4th Avenue, considering
the tested noise levels, the distance and orientation of the noise sources, and
the terrain between the noise sources and the residential property.
TESTING
Ambient noise levels at the residential property line
The Shakopee Noise Ordinance and Minnesota Rule 7030 both require the
following for residential property lines:
Daytime (7:00 AM - 10:00 PM) Niohtlime (10:00 PM - 7:00 AM)
L1O: 65 dBA L10: 55 dBA
Lso: 60 dBA LSD: 50 dBA
L10 is the designation for noise level that is exceeded 10% of the time
LSD is the designation for noise level that is exceeded 50% of the time
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Interstate Companies, Inc Page 3
Acoustical Report
8 September 2008
I used a Larson Davis Model 824 Type 1 Precision Sound Level Meter (SN#
0150, Calibration date 10/04/08) set up on the north side of the sidewalk south
of 4th Avenue (Position A) as shown in Fig 1. I field - calibrated the meter
directly before making the measurements, and used a wind screen for the
microphone. All testing was done at chest height (approximately 56" from the
ground.) Results were as shown below:
4:20 - 4:40 AM on 9/02/08 The temperature was 77 degrees F, and
there was no apparent wind. The main noise sources were crickets,
and highway noise from the south. There were only a few vehicle pass-
bys during the measurement period, along with one (faint) train horn
from the south. Measurement results were as follows:
L10 : 54.4 dBA
Lso : 51.5 dBA
Although the LSD is somewhat louder than allowable to meet noise
standards of the City of Shakopee and the State of Minnesota, it is likely
that the LSD would be significantly lower without the crickets.
5:20 - 5:50 PM on 9/04/08 The temperature was 65 degrees F, with
very slight breezes. The main noise sources were vehicle pass-bys on
4th Avenue. The frequency of these was slightly greater than one per
minute. I could also hear noise from Hwy 101, and there were 2 small
distant airplane flyovers. Measurement results were as follows:
L10 : 64.2 dBA
LSD: 49.6 dBA
The daytime L50 I measured was well below the 60 dBA stipulated by
the City of Shakopee and the State of Minnesota.
Dvnamometer and Reefer Noise Testina
Reefer Noise
Reefer noise testing was done on 9/02/08 at 3:30 AM. This testing was done at
the Bloomington site of Interstate, at 2501 East American Boulevard. Testing
was done at this hour to avoid traffic and airplane noise. The testing was done
directly behind the trailer at a distance of 23' behind the back of the trailer (76'
total behind the refrigeration unit). Again, I field-calibrated the meter directly
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Interstate Companies, Inc Page 4
Acoustical Report
8 September 2008
before making the measurements, and used a wind screen on the microphone.
Overall measurements were as follows:
Low speed: 72.5 dBA
High Speed: 71.5 dBA
Octave band measurements are shown in the appendix at the end of this
report.
Dvnamometer Noise
Dynamometer testing was done from 4:30 - 4:45 AM on 9/03/08. This testing
was also done at the Bloomington Facility. Testing was done with the garage
door open and also with it closed. The normal configuration is with the door
closed. Measurement sites were as shown in Fig. 2. Actual octave band
measurements are show in the appendix at the end of this report.
NOISE MODELING RESULTS
Reefer Truck Noise
For the reefer truck noise, I considered a maximum of ten trucks, oriented
away from the residential site, running at low speed (the loudest configuration).
I modeled noise levels to a point directly south of the units along 4th Avenue,
since other locations to the east or west along 4th Avenue would be quieter.
The most distance from the reefer units to the sidewalk along 4th Avenue is
approximately 675 feet. For the modeling, I considered the measured noise
levels of the units, the orientation of the units, the distance from the units to the
residential property line, and the terrain between the reefers and the property
line. I modeled the effect of 10 trucks, even though to my understanding it
would be very rare to have 10 trucks running at low speed at the same time.
For example, on the night I did the testing at the Bloomington facility, there
were no refrigeration units running, and we had to start one up to perform the
testing. The modeled noise level at the residential property line to the south at
position A was: 33.4 dBA
If, for some reason the trailers were oriented toward the south, the noise levels
may be as much as 10 dBs higher. This would be a very unusual situation, but
would still be well below the City and State noise codes, and also well below
the tested day and night ambient noise levels.
af
Interstate Companies, Inc Page 5
Acoustical Report
8 September 2008
Dvnamometer Noise
For the Dynamometer noise, I modeled it with the door open, because that will
be the worst-case scenario. However, in talking to one of the technicians who
regularly does the Dynamometer testing, he remarked that it would be rare for
the testing to be done with the door open. Also, in the Shakopee facility, the
Dynamometer will be located at the rear of the garage, making it less noisy
than the one I tested in Bloomington.
I modeled noise levels directly to the south of the Dynamometer door opening
(735' from the residential property line, at position A). Locations farther east
will have markedly lower noise levels, because these locations are behind the
door opening, and sound also will have to travel farther through the woods.
Farther west is a cemetery. Locations to the west also will have a number of
factors affection the noise levels , as follows:
1. These locations will be more in line with the Dynamometer door
opening, and will thus be somewhat louder.
2. However, these locations will be attenuated somewhat, because sound
will travel farther through the wooded area.
3. The affected property is a cemetery, for which the allowable L50 may
be higher than for residential property. Neither the Shakopee statute
nor Minnesota Rule 7030 is clear on what is the allowable L5D for a
cemetery. In any case, the noise levels at that location will still meet the
residential requirement.
The location and noise level I modeled was as follows:
1. Directly south of the door opening. (Position A) 13.4 dBA
Cumulative Noise Levels
I also modeled noise levels with both the Dynamometer and the reefer trailers.
Results were as follows:
1. Directly south of the door opening. (Position A) 33.4 dBA
all
Intersta1e Companies, mc Page 6
Acoustical Report
8 Septenber 2008
CONCLUSION
After rreasuring the noise levels of the reefer trailers and the Dynamometer,
and modeling the noise levels at the nearest residential area to the south, it is
clear Hat the noise levels will be well within the legal limits if the noise
ordinance of the City of Shakopee, and the State of Minnesota. Further, we
can ex~ect the noise levels from the reefers and Dynamometer to be well
below he ambient noise levels I measured at the residential area.
Steve (vernstoen
cc: St6le Irwin
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Interstate Companies, Inc Page 7
Acoustical Report
8 September 2008
APPENDIX 1
INTERSTATE TRUCKS
REEFERS
63 125 250 500 1k 2k 4k Bk dBA
Reefer - Hi @76' 86.9 81.6 70.8 70.9 6204 57.5 54.2 46.9 71.5
Reefer - La @ 76' 86.4 86.7 68.2 7304 5904 55.6 51.3 48 72.5
DOOR OPEN
DYNAMOMETER 63 125 250. 500 1k 2k 4k Bk dBA
1 75.6 65 63 70.4 68.2 67.9 59.9 50.9 73.3
2 67.1 65.2 6004 66.2 61.6 59.3 53 44 66.8
3 71.6 69.6 69.8 78.2 73.9 75.8 69.2 58.7 80.7
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Interstate Companies, Inc Page 9
Acoustical Report
8 September 2008
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KVERNSTOEN,. RONNHOLM & ASSOCIATES! INC.
CONSULTANTS 1'1'4 ^RCHnECTUR.i\~ ACOUST~CS
15 October 2008
Jeff Caswell
Interstate Companies, Inc.
2501 American Boulevard East
Bloomington, MN 55425
RE: INTERSTATE COMPANIES SHAKOPEE
GENERATOR NOISE
Jeff:
You mentioned that you wanted to ensure that sound from a generator located
approximately as shown in Fig. 1 will not be objectionable to the residents to
the south of 4th Avenue
I have reviewed the specifications for the generator/enclosure that you
provided. I have used the same model for this that I used for the reefers and
the dynamometer sound. However, I have adjusted the distance and the
sound levels according to the specification that you sent me. The specification
reads that the maximum noise level shall be no more than 60 dBA at 7 meters.
Based on a distance of 960' from the generator to the property line south of 4th
Avenue, the sound level from distance attenuation alone will be below 30 dBA.
Adding the additional attenuation due to the trees and ground effect will result
in sound levels at the residential property line due to the generator of less than
10 dBA. This will be far less than could be perceived. Thus, you need have
no concern that the occasional test-running of the generator will be
objectionable.
Please call me with any questions.
Steve Kvernstoen
2444 BRYANT AVENUE SOUTH, SUITE 300. MINNEAPOLIS, MN 55405 ~~
TEL 612.374.3800. FAX 612.374.3133. eMAIL into@kracoustics.com
Interstate Companies, Inc Page 2
Generator Sound at Shakopee Location
15 October 2008
FIGURE 1
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City of Shakopee
Memorandum
TO: Mark Noble, Planner II
FROM: Joe Swentek, Project Engineer ~~~~
SUBJECT: Conditional Use Permit (CUP) for Multiple Structures on One Lot, Vehicle
Repair & Outdoor Storage and Preliminary & Pinal Plat - Interstate Addition
PID NO.: 27-90S021-1
CASE NO.: 08067
DATE: December 31, 2008
The application indicates a request for a CUP for multiple structures on one lot, vehicle repair
and outdoor storage as well as a concurrent preliminary plat and fmal plat approval of an
industrial (I-I) development in the northern portion of the City. It is located northwest of the
intersection between Shenandoah Drive and 4th Avenue East.
This review is preliminary, as more comments are to follow with additional submittals.
However, I offer the following comments at this time for the applicant and for the planning
department:
General Comments
The following items need to be addressed/completed prior to release of the Final Plat for
recording:
1. Execution of a Developer's Agreement, which needs to include provisions for security
for public improvements within the Final Plat and the engineering review fees.
2. Payments of Trunk Sanitary Sewer Charges need to be made, as required by the most
current City of Shakopee Fee Schedule.
3. 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.
4. Provide electronic files (Auto CAD and Adobe Acrobat formats) of the Final Plat to be
recorded with datum on the Scott County coordinate system.
H:\EMPLOYEE FOLDERS\JSwentek\Plat.Reviews\I-State (2nd Submittal)\PP.FP .Review.C State.docx '3ft
Page 1 of4
5. The applicant needs to submit a drawing clearly showing how the entire site, in a fully
developed condition, will be served by private utilities.
The following items need to be addressed/completed prior to approval of a grading permit
and/or a street and utility plan:
1. No public improvements (site grading and street and utility) will be constructed until the
City Engineer and the Shakopee Public Utilities Commission (SPUC) approves the
required Final Construction Plans and Specifications.
2. The applicant will grade the entire site, as proposed on the submitted plans, in one phase
within one year from the date of approval of the grading permit application. Grading will
be defmed as bringing the site up to the proposed finished grade with materials deemed
acceptable by the City of Shakopee engineering department, providing topsoil per City
requirements and applying seed, mulch and/or sod per City requirements and providing
an as-built grading plan per Section 2.5 ofthe City of Shakopee Design Criteria.
3. The applicant needs to denote the installation of two (2) feet of an impermeable clay liner
below the approved normal water level to the bottom of all storm water basins.
4. The applicant needs to denote a top of berm width of a minimum of eight (8) feet over the
public sanitary sewer within Outlot A.
5. The applicant needs to remove all proposed landscaping from within drainage and utility
easements per the most recent version of the City of Shakopee Easement Fencing and
Landscaping Policy. Areas that are not in compliance include, but are not limited to, the
following:
. Drainage and utility easements encompassing the approved high water levels of all
storm water basins.
. Drainage and utility easements encompassing the emergency overflow route from the
temporary storm water basin in located Outlot A
. The drainage and utility easement centered on the storm sewer alignment from FES#2
to STMH#1 to the existing eighteen (18) inch corrugated metal pipe.
. The drainage and utility easement centered on the storm sewer alignment from FES#3
to STMH#4 to FES#5.
. The drainage and utility easement centered on the storm sewer alignment from FES#6
to STMH#7 to FES#8.
. The drainage and utility easement centered on the storm sewer alignment from FES#9
to STMH#lO to FES#I1.
. The drainage and utility easement centered on the storm sewer alignment from
FES#12 to Stand Pipe#13.
6. The applicant needs to work with the City of Shakopee to raise all portions of the
proposed retaining walls above the approved high water levels in all storm water basins.
H:\EMPLOYEE FOLDERS'JSwentek\Plat.Reviews\I-State (2nd Submittal)\PP.FP .Review.C State.docx 'jr
Page 2 of 4
7. The applicant needs to work with the City of Shakopee to remove all proposed retaining
walls from within drainage and utility easements containing public storm sewer pipe.
8. At all proposed parking lot curb cuts draining to storm water basins, the applicant needs
to provide a catch basin in the parking lot leading to a flared end section at the approved
normal water level. The storm sewer pipe needs to be reinforced concrete.
9. The applicant needs to provide a defined outlet (piped or overland) from the temporary
storm water basin along 4th Avenue to Stand Pipe#13.
10. STMH#l, STMH#4, STMH#7 and STMH#10 need to be replaced with pond skimmer
structures per the City of Shakopee General Specifications and Standard Detail Plates for
Street and Utility Construction (Detail Number 4012).
11. The applicant needs to work with the City of Shakopee to provide adequate cover over
the top of the proposed public sanitary sewer within Outlot A.
. The following items need to be addressed/completed prior to issuance of a building permit:
1. Record plans need to be provided per the City of Shakopee Design Criteria, Section 2.5
and Section 11.2 (A-L). The record plans need to be submitted to the engineering
department.
Preliminarv Plat and Final Plat
The following items need to be addressed/completed prior to release of the Final Plat for
recording:
1. Easements need to be shown on the Preliminary and the Final Plat as approved by the
City Engineer. They shall include, but not be limited to, the following:
. Minimum drainage and utility easements for public sanitary sewer and public storm
sewer need to 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.
. Provide adequate drainage and utility easements to encompass the approved high
water levels for all storm water basins (temporary and permanent).
. For the proposed storm sewer from FES#3 to STMH#4 to FES#5, provide a minimum
of twenty (20) feet of drainage and utility easement, centered along the utility
alignment.
. For the proposed storm sewer from FES#6 to STMH#7 to FES#8, provide a minimum
of twenty (20) feet of drainage and utility easement, centered along the utility
alignment.
H:\EMPLOYEE FOLDERS\JSwentek\Plat.Reviews\I-State (2nd Submittal)\PP.FP .Review.CState.docx }/6
Page 3 of 4
. For the proposed storm sewer from FES#9 to STMH#IO to FES#lI, provide a
minimum. of twenty (20) feet of drainage and utility easement, centered along the
utility alignment.
. For the proposed storm sewer from FES#12 to Stand Pipe#13, provide a minimum of
thirty-seven (37) feet of drainage and utility easement, centered along the utility
alignment.
. Provide a minimum of ten (10) feet of drainage and utility easement at the base/toe of
the proposed berms within Outlot A.
. . Provide adequate drainage and utility easements to encompass the entire emergency
overflow route from the temporary storm water basin located in Outlot A to the site's
ultimate emergency overflow.
. Provide a minimum of ten (10) feet of drainage and utility easement along the interior
of Outlot A.
. For the proposed sanitary sewer from SSMH#5 to the existing eight (8) inch stub,
provide a minimum of twenty-eight (28) feet of drainage and utility easement,
centered along the utility alignment.
. Drainage and utility easements from SSMH#5 to SSMH#6 to SSMH#7 to SSMH#8
are not required as this is a private service.
Storm Water Manaeement Plan Review
The applicant has yet to receive approval of the site's storm water management plan. Please see
the attached memo from Todd Hubmer and Ted Witkowski of WSB & Associates, Inc. dated
December 31, 2008 outlining the items that need to be addressed in order to approve the plan.
Recommendation
Engineering staff recommends approval of the CUP, the Preliminary Plat and the Final Plat
application subject to the conditions listed above and in the attached memorandum being
addressed by the applicant prior to recording of the Final Plat.
H:\EMPLOYEE FOLDERS\JSwentek\Plat.Reviews\I-State (2nd Submittal)\PP.FP.Review.I_ State.docx ,~
Page 4 of 4
~
WSB
& Associales. Inc. Infrastructure . Engineering . Planning . Construction 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763.541-1700
Memorandum
To: Joe Swentek, City of Shakopee
From: ~
ToddE. Hubmer, P.E. /:'-.JL
Ted Witkowski, Engineering Specialist I
Date: December 31,2008
Re: Interstate Companies Addition Storm Water
Management Plan Review
City of Shakopee, MN
WSB Project No. 1381-24
The Interstate Companies Storm Water Management Plan within the City of Shako pee has been
reviewed for compliance with the City policies for water quantity and water quality. The
documents provided for review by BKBM Engineers on December 10, 2008 included the
following:
. Interstate Hydrology Narrative - dated 11/13/08
. Interstate Master Plan Hydrology Narrative and Pond Net 2.1 Calculations - dated
11/13/08.
. Interstate Existing HydroCAD - dated 10/28/08.
. Interstate Composed HydroCAD - dated 11/07/08.
. Interstate Proposed Master Plan HydroCAD - dated 11/07/08.
. BKBM Civil Plan Sheets CO.0-C4.4 - dated 11/13/08.
. BKBM Master Plan Sheets CO.0-C3.4 - Dated 11/13/08.
Based on our review we offer the following comments and observations for your consideration:
SUMMARY
The Storm WaterManagement Plan for water quantity and rate control appears to be in
conformance with the 0.33cfs per acre discharge rate required by the City. There are
discrepancies between the construction documents and storm water modeling submitted. The
storm water modeling and construction documents should be updated to be consistent with each
other prior to approval. The discrepancies between the storm water model and construction
plans are outlined in further detail in this memorandum.
ACEC 2008 Firm of the Year
Minneapolis. 81. Cloud 40
Equal Opportunity Employer
K:\O l3S I ~24\Admin\Dol.'S\MEMo-j R'elllek..I23008.doc
Joe Swentek, City of Shakopee
December 31, 2008
Page 2
The water quality volumes provided by the project in Ponds 1-4 meet the NURP criteria for dead
pool volume, but do not have an average depth of 4. The phosphorus removal calculations do
not correspond to the storm water model input for average depth which will affect the
phosphorus removal efficiencies. The pond average depth input in the phosphorus removal
calculations should correspond with the storm water model input and be resubmitted. The ponds
should be designed for 60 percent phosphorus removal efficiencies. The water quality
requirements for the site can not be approved until the phosphorus removal calculations are
corrected and resubmitted.
The construction plans require additional details to be in conformance with the City of Shakopee
design criteria. This additional information is outlined later in this memorandum.
The detailed review comments and observations concerning the storm water modeling,
watershed delineations, grading-drainage-erosion control plans, utility plan, and master plan are
outlined below.
HvdroCAD Storm Water Model
1. Drainage area #3 located southwest of the development area appears to be tributary to the
southwest corner of the parking lot in the developing area. The runoff volume from a
portion of area #3 flowing to the northeast should be accounted for in the storm water
model calculations. It appears that this drainage area will over flow on to the parking lot
and north into pond # 1. The proposed conditions storm water model calculation should be
updated to include the eastern segment of drainage area #3.
2. The pond outlets in the storm water model input should correspond with the construction
documents. The 30-inch circular pipes in the storm water model input do not correspond
to the construction plans which show an 18-inch RC pipe tributary to the outlet control
structures with a 36-inch span arch pipe outlet. The outlet control structures in the plans
may result in an increase in the pond high water elevations on site. The resulting high
water elevations from the updated model should be shown on the construction
documents.
3. The pipe lengths, types, and sizes for the pond outlets in the storm water model should
correspond to the construction documents. The storm water model input should be
updated.
4. The area drainage (14S) to existing drainage pipe #5413 could not be verified based on
the watershed delineation map shown on sheet C4.0. It is requested that the drainage area
map on sheet C4.0 illustrate the watersheds 14S and 15S.
5. Please consider replacing the existing 18-inch culvert under Shenandoah Drive near Pond
#1 with a pipe having a capacity to convey 30 cfs during the tOO-year 24 hour event. The
BKBM Narrative indicates that removal of this pipe and demolition of Shenandoah Drive
does not appear to be necessary. However, the open cutting of Shenandoah Drive for
installation of a water main to the north of the existing 18-inch CM pipe is proposed as
part of the project. It is assumed that some additional removal of Shenandoah Drive
could be implemented as part of the project and construction of a larger storm sewer
crossing could be undertaken. It is recommended the City participate in the cost of this
pipe as it will serve a regional purpose. ~[
K:\OI3lJl~24\Adn1in\Docs\MEM()..j swmtck-12JOll8.doc
Joe Swentek, City of Shakopee
December 31, 2008
Page 3
6. The proposed 8-inch outlet pipe from Pond #5 to Pond #4 is not approved. This storm
sewer pipe should have the capacity to convey the 0.33cfs/acre discharge rate from the
tributary area.
Gradinl!. Drainal!e. and Erosion Control Plan - Sheets Cl.O-C1.5
1. The emergency overflow from the site is proposed to cross Shenandoah Drive at
elevation 734.5 immediately east of Pond #3. The emergency overflow shown on sheet
C1.1 is at elevation 734.8, and drains north to the railroad property from Pond #1. This
overflow will result in 0.3 feet of water running over Shenandoah Drive to the east.
Overflow routes from Pond #1, #2, and #3 should provide freeboard to the Shenandoah
Drive low point at elevation 734.5. It is requested that the overflow into the outlet
control structures from Ponds #1, #2, and #3 be established below the low point in the
Shenandoah Drive.
2. The emergency overflow elevation across Shenandoah Drive on the east side of Pond #3
should be shown on the grading plan on sheet C 1.1.
3. The berm overflow elevation on sheet C1.2 in the northwest quadrant of 4th Avenue and
Shenandoah Drive should be shown on the grading plans. It appears the emergency
overland overflow route is to the west as shown on sheet Cl.2. This emergency overflow
route should also be illustrated on sheet C 1.3 continuing west. The construction of a
swale along the west side of the parking area should be graded to accommodate the
emergency overflow route on the grading plan.
4. Overland flow paths on sheet CIA should be shown on the grading plan.
5. It is recommended that installation that silt fence above the pond normal water elevation
be added to the grading plan after the ponds have been constructed. It has been our
experience that installation of silt fence above the normal water elevation has reduced the
need to regrade ponds as a result of sediment accumulation from grading operations.
Utility Plans - C2.0-C2.4
1. Pond #2 and #3 outlet control structures are proposed to be located within retaining walls.
It is recommended that retaining wall encompass the outlet control structure and improve
ground cover over the pipes from the ponds. Based on the grading plan it appears that
only 0.5 feet of cover over the 18-inch RC pipes will be provided at the outlet control
structure. It appears that the side of the structures will be exposed if the retaining walls do
not wrap around the structures.
As an alternative to the individual structures and arch pipes, the City will allow pond #2,
#3, and #4 outlets to consist of being partially submerged equalizer pipes below the
normal water elevation. This will allow the ponds to truly act as equalized ponds and
provide improved flow capacity between the ponds. This will eliminate the outlet control
structures in the retaining walls, and improve pipe cover at the driveway crossings. The
pipes could be installed either fully or partially submerged based on the cover
requirements and potential obstruction by ice. The outlet control structure from Pond #1
would serve as the skimmer and rate control for the pond network.
K::\O\3&l.14\Admin\Oal:s\MEMO-j swm\\.>k-12WU%.\\oc ~z,
Joe Swentek, City of Shako pee
December 31, 2008
Page 4
2. The storm sewer plan and profile shown on sheet C2.1 0 should correspond to the storm
water model input. The updated HydroCAD Storm Water Model results should be
forwarded for comparison with the storm sewer plan and profiles.
3. The insulation over the storm sewer pipe shown on sheet C2.1 0 does not appear to be
required. Why is insulation over the storm sewer pipe proposed?
4. It appears that minimum cover over the 36" span arch pipes' crossing under the
driveways is being providing. It is requested that the class of the arch pipes be indicated
and load calculations be provided to be determined if the pipes are of adequate strength
for the anticipated truck traffic on the driveways.
5. The 18-inch pipes to the outlet control structures from the ponds should be reinforced
concrete pipe. The 18" pipe profile data for the pipe type should be changed to RCP
Class III. The ground cover over the 18-inch pipes to the outlet control structure should
be a minimum of 1.5 feet.
6. The arch pipe class from Pond #4 to Pond #3 should be shown in the pipe profile data on
sheet C2.11. The proposed profile elevation of the driveway over the arch pipe appears
to be at elevation 735.5 based onthe grading plan elevations on sheet C1.2. The proposed
profile over the pipe should be corrected. This would indicate minimal cover over the
arch pipe in the driveway. Please identify the pipe class in the profile data and include
the load calculations for the pipe for review.
7. The 18-inch CM pipe from FES #11 to STMH #10 should be reinforced concrete.
GENERAL COMMENTS
1. The preliminary plat should include drainage and utility easements encompassing the
storm sewer from the pond outlets. It appears that the preliminary plat does not in
compass the storm sewer from Pond #2, #3, and #4. In addition, dedication of a
drainage and utility easement over Outlot A does not appear to be identified on the
preliminary plat. It was recommended that a drainage and utility easement be
dedicated which would be vacated in the future.
This completes our review of the Interstate Companies Storm Water Management Plan. If you
have any questions or comments associated with this review do not hesitate to contact us at your
convemence.
K:\IJl381-24\Admin\Docs\MEM()..j ",-wenlt'k-12)1.N)S.dcc L{3
DEC-16-2008 14:57 SHRKOPEE PUBLIC UTILITIES 9524457767 P.03
~ ~~l (b ('t""' 9:
SHAKOPEE PUBLIC UTILITlES COMMISSION
" L i g h tin g . the Way - Yes t e r day) To day and Bey 0 n d "
MEMORANDUM
TO: Shakopee Community Development Department
FROM: Joseph D. Adams, Planning and Engineering Director
SUBJECT: STAFF REVIEW RECORD COMMENTS for:
CUP for multiple structures on one lot, vehicle repair & outside storage,
Plus Preliminary and Final Plat for Interstate
CASE NO: 08067
DATE: 12/16/08
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, paying the Trunk
Water Charge, and paying the Water Connection Charge.
Underground electric service is available subject to our standard terms and conditions.
These include, but are not limited to: entering into an Underground Distribution
Agreement, granting any necessary easements, and paying the associated fees.
Street Lighting installation is available subject to our standard terms and conditions.
These are contained in the current City of Shakopee Street Lighting Policy. Applicant
must pay the associated fees.
Applicant should contact Shakopee Public Utilities directly for specific requirements
relating to their project.
Note: Request City determine if street lighting along Shenandoah Drive between
CR 101 and 4th Avenue should be installed per standard City/SPUC policy at
this time with this development.
Post Office Box 470 + 255 Sarazin Street + Shakopee, Minnesota 55379-0470
(952) 445-1988 . Fa.,"'{ (952) 445-7767 L/~
www.shakopeeutilities.com
TOTRL P.03
e, \~~.{t e \ '\"" +-\.
.
~
!l /~\~"~~'~ . SCOTT COUNTY
F COMMUNITY DEVELOPMENT DIVISION
,Scott ENVIRONMENTAL HEALTH DEPARTMENT
GOVERNMENT CENTER
200 FOURTH AVENUE WEST
SHAKOP(:E,MN:.55379-1220
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ME.MORANDUM
TO: Mark Noble, Project Manager
FROM: Steve L. Steuber, Environmentalist II
DATE: December 5,2008
SUBJECT: cUP for multiple structures, vehicle repair, and outside
storage. o\()Co1
PID# 27-905021-1
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This business may need a hazardous waste license from our Department.
Therefore, since vehicles will be repaired at this business, we recommend that one
of the conditions of the Conditional Use Permit (CUP) be that this business obtains
a hazardous waste license from this Department.
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@Printed on recycled paper containing 100% post consumer content
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l .....,'I\~"... SCOTT COUNTY PUBLIC WORKS DIVISION
~tt HIGHW A Y DEPARTMENT ,600 COUNTRY TRAIL EAST . JORDAN, MN 55352-9339
~-=/ rolJ h _~ (952) 496-8346 . Fax: (952) 496-8365 'www.co.scott.mn.us
LEZLlE A. VERMILLION
PUBLIC WORKS DIRECTOR
December 31, 2008
Mark Noble
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
RE: Preliminary Plat
I - State
Dear Mark:
We have reviewed the preliminary plat. The following reflects general comments on
the submitted plat, and is not intended to be a compete review of all potential
requirements and issues:
. We recommend the City or developer conduct a traffic study of the site and
surrounding intersections. The study should include current and future traffic, trip
distribution, and include potential traffic generated by the outlots.
. Any work within the County right-of-way shall require a County permit.
Thank you for the opportunity to comment. If you have any questions, please feel free
to contact me.
Sincerely,
Craig Jenson
Transportation Planner
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CITY OF SHAKOPEE
Memorandum
/~ CASE NO.: 08-067
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TO: Shakopee Planning Commission
FROM: Mark Noble, Planner II
SUBJECT: Preliminary Plat of Interstate Addition and Conditional Use Permit for Truck
. Service, Multiple Structures on One Lot, and Exterior Storage in the Light
Industry (1-1) Zone.
MEETING DATE: February 5,2009
REVIEW PERIOD: November 27,2008 - March 26,2009
INTRODUCTION
Pope Associates, Inc., on behalf of Interstate Companies, have submitted an application for
Preliminary Plat, Final Plat, and Conditional Use Permit approval of property located north of 4th
Avenue East, west of Shenandoah Drive, and south ofCSAHI01. Since the Conditional Use
Permit application is closely related to a land use application (Preliminary Plat), the request is being
considered by the Planning Commission and City Council, rather than the Board of Adjustment and
Appeals. The applicant is proposing to preliminary plat five (5) industrial lots, ranging from 5.47
acres to 17.436 acres in size, with a disturbed area of approx. 23 acres of the 51 acres as the
proposed development will occur primarily on the northeasterly parcel (Lot 1) at this time. The
applicant is proposing to construct a truck service facility on the property,. with exterior storage of
trucks and trailers, and multiple structures on one parcel, all which require approval of a
Conditional Use Permit(CUP). An additional element of their business is the selling and servicing
of generators, with most service repair being conducted at the customer's site.
The proposed buildings consist of a 21,000 square foot office building (with 83 parking spaces and
constructed of brick, architectural block and glass) and an 86,000 square foot office/
warehouse/vehicle shop building (24 ft. height, precast panel construction materials, 19 service bays
orientated to the east and west - if approved, the precast panel structure materials must comply with
the City Code performance standards).
The developer also proposes the removal of approx. 310 trees from the site, predominately in the
northeasterly portion ofthe property, and intends to insta11205 trees on the site in addition to a 5' -8'
tall landscaped berm along the southerly line of the facilities proposed on Lot 1, with the
undeveloped land to the south to remain in its current state.
At the January 3rdPlanning Commission meeting, the Commissioner's continued the public hearing
to February 5th, and specifically asked for information to be frovided by staff and the applicant, and
asked that if the residential neighborhood located south of 4t A venue had suggestions for
conditions to be incorporated into the draft CUP resolution, that they provide that to staff for
inclusion in the report. Staff has received information from the applicant that addresses a number of
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questions raised by the Planning Commission at the January 3rd meeting, as well as questions raised
by staff. That information includes the following:
1. A letter that responds to questions raised in a January 14, 2009 letter prepared by staff.
2. The submittal of a Text Amendment application that requests that the City Ordinance be
amended to include in Section 11.44, Light Industry Zone, Subd. 2. Permitted Uses, "J.
Office Buildings" as a listed permitted use of this zone.
3. Revised site plan that specifically identifies the truck and trailer parking areas, and
calculations.
4. Diesel Emissions information.
5. Blasting procedures letter.
6. Traffic Study information.
Staffhas not yet received information from the residential neighborhood located south of 4th
A venue. If any information is presented to staff after the mailing of this report, staff will forward
that information to the Commissioners accordingly.
The Park and Recreation Advisory Board and Environmental Advisory Committee held a joint
meeting on Monday, January 26th, and provided recommendations to the Planning Commission and
City Council. The conditions of those recommendations have been incorporated into the draft
resolution attached to this report. Additionally, they specifically requested that the Planning
Commission review and study the safest and most feasible location for the construction of a trail
along Shenandoah Drive to accommodate future trail connections, and that if they selectthe west
. side of Shenandoah Drive as the safest and most feasible, that they add a condition to the resolution
that reflects that determination.
Lastly, the Commission requested a copy ofthe draft CUP resolution from the application submitted
and review in 2006. The latest draft resolution for the 2006 project was prepared for the August 15,
2006 meeting and included 20 conditions. This draft resolution had been reviewed by the City
Attorney's office to ensure that the suggested draft conditions were appropriate to the application
request.
The Planning Commission should note that the review period for this project ends March 26, 2009.
Should the Commission continue the public hearing or table the item to their March 5th meeting,
this would result in the City Council only getting one opportunity to review and take action on this
application (March 19th Council meeting). If they believe they will require a tabling or
continuation, they should discuss with the applicant at the February 5th meeting a need for an
extension of the review period; without that extension, staff recommends that the Commission take
some sort of action the evening of February 5th and forward that recommendation to the City
Council.
CONDITIONAL USE PERMIT:
City Code Sect. 11.88, Subd. 2. F. (developments containing more than one principal structure per
lot), Subd. 2. G. (exterior storage) and Subd. 2. BB. (vehicle repair) provide the following standards
for the requested uses:
1. Shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the
development as a whole and for the individual buildings and structures within the
development.
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2. Shall consist of structures that are owned, maintained, and operated under unified control in
accordance with a plan which contains provisions providing for the enforcement thereof.
3. Shall be screened from all public right-of-way and residentially zoned land, with an opaque
fence, wall or berm not to exceed eight feet in height, constructed of new materials, and
maintained in good condition.
4. Shall have a maximum area equal to the combined footprint of the principal and accessory
buildings.
5. Shall not be located closer than 300 feet to any residential zone.
6. Shall be surfaced entirely with asphalt, concrete, or class five (5) aggregate.
7. Shall not store any vehicles which are unlicensed or inoperative for more than seven (7)
days.
8. Shall screen all storage areas.
9. Shall not be located on a lot or parcel ofland within 200 feet of any residential zone.
Their proposal includes a vehicle servIce and office building and exterior storage of
trucks/equipment, along with the sales/service of generators. This business activity would appear to
comply with the specific conditions that are identified above, except for the office building.
Specific design and performance standards shall be reviewed at time of building permit, if this
request is approved. That would include a review of the building materials, landscaping, parking lot
(and curbing) design, trash and rooftop screening requirements, and other criteria (including
lighting, noise, and odor regulations) as specified in the City Code.
Several city departments and outside agencies have provided memorandums which note
comments/conditions as a result of their review of the. project. The conditions noted in the
memorandums have been incorporated into the conditions recommended for inclusion in the plat
resolution, as well as included in the draft CUP resolution.
FINDINGS
The criteria required for the granting of conditional use permits (per City Code Section 11.85, Subd.
1) are listed below.
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 Council finds that 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, if conducted in
accordance with proposed conditions..
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 Council finds that the establishment of the conditional use will not impede the
normal and orderly development and improvement of surrounding property for uses
allowed in the area, provided the conditions noted in the resolution are met.
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Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have been
or will be provided;
Finding #3 The Council finds that adequate utilities, access roads, drainage, and other necessary
facilities have been or will be provided for the site, provided the conditions noted in the
resolution are met.
Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends
to locate the proposed use;
Finding #4 The Council finds that the use is consistent with the purposes of the Light Industry
Zone, provided the conditions noted in the resolution are met.
Criteria #5 The use is not in conflict with the Comprehensive Plan.
Finding #5 The Council finds that the proposed use is consistent with the purposes of the
Comprehensive Plan, which guides the subject property for industrial use.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Resolution No. PC08-
067, a resolution approving a Conditional Use Permit for a truck service facility, exterior storage of
trucks and trailers, and multiple structures on one parcel, with conditions as presented; and
recommend to the City Council the approval of the Preliminary Plat of Interstate Addition, subject
to the following conditions:
I. The following procedural actions must be completed prior to the recording of the
Final Plat:
A. Approval of title by the City Attorney.
B. Execution of a Developer's Agreement, which shall include provisions for
security for public improvements within the Final Plat and the engineering
review fees.
C. Payments of Trunk Sanitary Sewer Charges shall be made, as required by the
most current City of Shakopee Fee Schedule.
D. Payments of Trunk Storm Water Charges and Trunk Storm Water Storage and
Treatment Charges shall be made, as required by the most current City of
Shakopee Fee Schedule.
E. Provide electronic files (AutoCAD and Adobe Acrobat formats) of the Final Plat
to be recorded with datum on the Scott County coordinate system.
F. The applicant shall submit a drawing clearly showing how the entire site, in a
fully developed condition, will be served by private utilities.
G. Street lighting shall be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
H. Electrical system shall be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
1. Water system shall be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
J. The applicant shall obtain an NPDES permit prior to any land disturbing activity.
A copy of this permit shall be forwarded to the City. The applicant shall adhere
to all NPDES Phase II permit requirements for erosion control before, during,
and after earth moving activities.
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K. Park dedication fees in the amount required by the City Code and adopted City
fee schedule shall be paid prior to the recording of the final plat of Lot l, Block
1, Interstate Addition. Park dedication payment for Outlot A, Interstate Addition
(Lots 2,3,4 & 5 as identified in the preliminary plat), shall be paid in an amount
consistent with the City of Shakopee adopted fee schedule in place at the time of
final plat recording for those parcels.
L. The applicant has yet to receive final approval ofthe site's storm water
management plan. Please see the attached memo from Todd Hubmer and Ted
Witkowski ofWSB & Associates, Inc. dated December 31, 2008, which outlines
the items that need to be addressed in order to approve the plan.
M. Easements need to be shown on the Preliminary and the Final Plat as approved
by the City Engineer. They shall include, but not be limited to, the following:
. Minimum drainage and utility easements for public sanitary sewer and public
storm sewer need to 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.
. Provide adequate drainage and utility easements to encompass the approved
high water levels for all storm water basins (temporary and permanent).
. For the proposed storm sewer :from FES#3 to STMH#4 to FES#5, provide a
minimum of twenty (20) feet of drainage and utility easement, centered along
the utility alignment.
. For the proposed storm sewer from FES#6 to STMH#7 to FES#8, provide a
minimum of twenty (20) feet of drainage and utility easement, centered along
the utility alignment.
. For the proposed storm sewer from FES#9 to STMH#10to FES#l1, provide
a minimum of twenty (20) feet of drainage and utility easement, centered
along the utility alignment.
. For the proposed storm sewer from FES#12 to Stand Pipe#13, provide a
minimum of thirty-seven (37) feet of drainage and utility easement, centered
along the utility alignment.
. Provide a minimum of ten (10) feet of drainage and utility easement at the
base/toe of the proposed berms within Outlot A.
. Provide adequate drainage and utility easements to encompass the entire
emergency overflow route from the temporary storm water basin located in
Outlot A to the site's ultimate emergency overflow.
. Provide a minimum often (10) feet of drainage and utility easement along the
interior of Outlot A.
. For the proposed sanitary sewer from SSMH#5 to the existing eight (8) inch
stub, provide a minimum of twenty-eight (28) feet of drainage and utility
easement, centered along the utility alignment.
. Drainage and utility easements from SSMH#5 to SSMH#6 to SSMH#7 to
SSMH#8 are not required as this is a private service.
II. Following approval and recording of the final plat, the following conditions shall
apply:
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A. The applicant shall provide six (6) inches of topsoil below areas to be sodded.
The soil composition should be similar to the MnDOT topsoil borrow
requirements.
B. The applicant shall provide rain sensors for any irrigation system.
C. The applicant shall provide storm water computations for the proposed site to
insure the downstream system can accommodate the rUnoff.
D. The applicant shall provide inlet protection to the storm sewer catch basin
consistent with City standards.
E. The applicant shall implement the use of Best Management Practices for erosion
control and storm water management during construction.
F. The applicant shall utilize the MPCA Protecting Water Quality in Urban Areas as
a technical reference for erosion control.
G. The applicant shall plant replacement trees hardy to Scott County climates.
Recommended tree species to utilize in this area are:
a. Hackberry (Celtis occidentalis)
b. Northern Catalpa ( Catalpa speciosa)
c. Bur oak (Quercus macrocarpa)
d. White cedar (Thuja occidentalis)
e. Eastern white pine (Pinus strobes)
H. The applicant shall submit a landscaping plan for all areas where clearing and
grubbing are approved, for review and approval by the City of Shakopee.
1. The applicant shall replace all trees that are to be cut down with the appropriate
number and species to be determined by City staff and the Woodland and Tree
Management Ordinance.
J. Silt fence and/or tree protection fence shall be installed prior to any site work
and/or tree removal, consistent with the City Code requirements. This fencing is
to be removed following establishment of vegetation as determined by an
inspection by City staff.
K. The applicant shall comply with the City's Woodland. and Tree Management
Ordinance requirements.
L. The applicant shall mix tree species along Shenandoah Drive to prevent the
impacts from disease.
M. The applicant shall not plant trees and/or shrubs within five (5) feet of all
property lines, nor within any drainage and utility easements.
N. The applicant shall receive approval from the City prior to clearing and grubbing
for development of Lot 1, Block 1. Additionally, the applicant is approved to
clear and grub on Outlot A to accommodate utility installation, consistent with
submitted plans.
O. The applicant shall design and development a trail along the west side of
Shenandoah Drive, consistent with City Code requirements.
P. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
Q. The developer and/or their assigns shall be responsible for any required or
desired noise or dust mitigation measures.
R. The applicant shall meet the screening and landscaping ordinance requirements
of the City Code.
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S. Any impact this development has, as far as adjusting or relocating existing
facilities, is subject to reimbursement to Time Wamer Cable applicable costs of
relocation/adjustment and subject to scheduling of work requested.
T. The Planning Commission shall review and study the safest and most feasible
location for the construction of a trail along Shenandoah Drive to accommodate
future trail connections, and should they select the west side of Shenandoah
Drive, the developer shall construct the trail consistent with City Code
requirements.
III. Following approval and recording of the final plat, the following conditions
need to be addressed/completed prior to approval of a grading permit and/or a
street and utility plan:
A. No public improvements (site grading and street and utility) will be constructed
until the City Engineer and the Shakopee Public Utilities Commission (SPUC)
approves the required Final Construction Plans and Specifications.
B. The applicant will grade the entire site, as proposed on the submitted plans, in
one phase within one year from the date of approval of the grading permit
application. Grading will be defined as bringing the site up to the proposed
finished grade with materials deemed acceptable by the City of Shakopee
Engineering Department, providing topsoil per City requirements and applying
seed, mulch and/or sod per City requirements and providing an as-built grading
plan per Section 2.5 of the City of Shakopee Design Criteria.
C. The applicant needs to denote the installation of two (2) feet of an impermeable
clay liner below the approved normal water level to the bottom of all. storm water
basins.
D. The applicant needs to denote a top of berm width of a minimum of eight (8) feet
over the public sanitary sewer within Outlot A.
E. The applicant needs to remove all proposed landscaping from within drainage
and utility easements per the most recent version of the City of Shakopee
EasementFencing and Landscaping Policy. Areas that are not in compliance
include, but are not limited to, the following:
a. Drainage and utility easements encompassing the approved high water
levels of all storm water basins.
b. Drainage and utility easements encompassing the emergency overflow
route from the temporary storm water basin in located Outlot A.
c. The drainage and utility easement centered on the storm sewer alignment
from FES#2 to STMH#1 to the existing eighteen (18) inch corrugated metal
pIpe.
d. The drainage and utility easement centered on the storm sewer alignment
from FES#3 to STMH#4 to FES#5.
e. The drainage and utility easement centered on the storm sewer alignment
from FES#6 to STMH#7 to FES#8.
f. The drainage and utility easement centered on the storm sewer alignment
from FES#9 to STMH#10 to FES#11.
g. The drainage and utility easement centered on the storm sewer alignment
from FES#12 to Stand Pipe#13.
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F. The applicant shall work with the City of Shakopee to raise all portions of the
proposed retaining walls above the approved high water levels in all storm water
basins.
G. The applicant shall work with the City of Shakopee to remove all proposed
retaining walls from within drainage and utility easements containing public
storm sewer pipe.
H. At all proposed parking lot curb cuts draining to storm water basins, the applicant
shall provide a catch basin in the parking lot leading to a flared end section at the
approved normal water level. The storm sewer pipe needs to be reinforced
concrete.
1. The applicant shall provide a defined outlet (piped or overland) from the
temporary storm water basin along 4th Avenue to Stand Pipe#13.
J. STMH#I, STMH#4, STMH#7 and STMH#10 need to be replaced with pond
skimmer structures per the City of Shakopee General Specifications and Standard
Detail Plates for Street and Utility Construction (Detail Number 4012).
K. The applicant shall work with the City of Shakopee to provide adequate cover
over the top of the proposed public sanitary sewer within Outlot A.
L. The applicant has yet to receive approval of the site's storm water management
plan. Please see the attached memo from Todd Hubmer and Ted Witkowski of
WSB & Associates, Inc. dated December 31, 2008, which outlines the items that
need to be addressed in order to approve the plan.
IV. Following approval and recording of the final plat, the following conditions
need to be addressed/completed prior to issuance of a building permit:
A. Recorded plans need to be provided per the City of Shakopee Design Criteria,
Section 2.5 and Section 11.2 (A-L). The recorded plans need to be submitted to
the City of Shakopee Engineering Department.
B. The applicant shall provide staff information pertaining to any proposed blasting
activities. This information shall include:
1. Proof of insurance coverage for damage to neighboring properties.
2. How they intend to monitor. vibrations caused by blasting activity in the
vicinity of the residences.
3. Video tapes of the exterior and interior of residences prior to commencing
with blasting activities in order to confirm existing conditions.
VISIONING RELATIONSHIP
This action supports:
GoarD: "Vibrant, resilient and stable"
ALTERNATIVES
1. Offer a motion to recommend to the City Council the approval of Resolution No. PC08-
067, a Resolution approving a Conditional Use Permit for truck service, exterior storage
and multiple structures on one lot, with conditions as presented.
2. Offer a motion to recommend to the City Council the approval of Resolution No. PC08-
067, a Resolution approving a Conditional Use Permit for truck service, exterior storage
and multiple structures on one lot, with revised conditions.
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3. Offer a motion to recommend to the City Council the denial of the Conditional Use
Permit for truck service, exterior storage and multiple structures on one lot, and direct
staff to prepare a resolution with findings as proposed by the Board.
4. Offer a motion to recommend to the City Council the approval of the Preliminary Plat,
subject to the conditions as presented by staff.
5. Offer a motion to recommend to the City Council the approval ofthe Preliminary Plat,
subject to revised conditions.
6. Offer a motion to recommend denial to the City Council of the Preliminary Plat.
7. Offer a motion to continue the public hearing to request additional information from the
applicant.
8. Offer a motion to table a decision and request additional information from the applicant
and/or staff.
ACTION REQUESTED
Offer a motion to recommend to the City Council the approval of Resolution No. PC08-067, a
Resolution approving a Conditional Use Permit for truck service, exterior storage and multiple
structures on one lot, with findings of fact and conditions as presented or with revised findings of
fact and conditions of approval as determined by the City Council; and offer a motion to
recommend to the City Council the approval ofthe Preliminary Plat, subject to the conditions as
presented or with revised conditions of approval as determined by the City Council.
Mark Noble, Planner II
g:\boaa-pc\2009\02-03\PP _CUP _Interstate08067.doc
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RESOLUTION NO. PC08-067
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW TRUCK SERVICE, EXTERIOR STORAGE,
AND MULTIPLE STRUCTURES ON ONE LOT AT PROPERTY LOCATED NORTH OF
4TH A VENUE, EAST OF SARAZIN STREET AND WEST OF SHENANDOAH DRIVE
WHEREAS, the City of Shakopee received an application from I-State, LLC, applicant, and
Interstate Companies, Inc., property owner, for a Conditional Use Permit to allow truck service,
exterior storage and multiple structures on one lot in the Light Industry (I-I) Zone.
WHEREAS, the property for which the application was made is legally described as
follows:
All that part of the North One-Halfof Section 5, Township 115, Range 22, Scott County, Minnesota,
lying south of the southerly right-of-way line of the Chicago, St. Paul, Minneapolis and Omaha
Railway Company as the same is now located and established over and across said Section 5, and
lying west of the centerline of Shenandoah Drive,. Excepting there from the following tract:
The West 1,234.91 feet as measured at right angles to the West line thereof, of that part of the
Northwest Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, lying south of
the southerly right-of-way line of the Chicago, St. Paul, Minneapolis and Omaha Railway Company
as the same is now located and established over and across said Section 5; Excepting there from the
South 639.08 feet, as measured at right angles to the South line thereof on said Northwest Quarter
of Section 5.
WHEREAS, notice was provided and on January 8, 2009 and February 5, 2009, the Board
of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard
from the Community Development Director and invited members of the public to comment.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the Council hereby adopts the following findings relative to the request for Conditional Use
Permit:
Finding #1: The Council finds that 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, if conducted in
accordance with proposed conditions.
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Finding #2: The Council finds that the establishment of the conditional use will not impede the
normal and orderly development and improvement of surrounding property for uses
allowed in the area, provided the conditions noted in the resolution are met.
Finding#3 : The Council finds that adequate utilities, access, drainage and other necessary
facilities have been or will be provided for the site, provided the conditions noted in
the resolution are met.
Finding #4 The Council finds that the use is consistent with the purposes of the Light Industry
Zone, provided the conditions noted in the resolution are met.
Finding #5 The Council finds that the proposed use is consistent with the purposes of the
Comprehensive Plan, which guides the subject property for industrial use.
BE IT FURTHER RESOLVED, that the application for Conditional Use Permit to allow
truck service, exterior storage, and multiple structures on one lot is hereby GRANTED, subject to
the following conditions:
1. The site shall be developed consistent with the submitted site plan for the truck service and
exterior storage facility, unless otherwise noted in the following conditions.
2. The site shall be developed consistent with the conditions noted in the approved Preliminary
Plat resolution.
3. Construction of the office building shall not occur until such time that: 1) a Text
Amendment that allows office buildings as a permitted use ofthe I-IZone is approved; 2)
the use ofthe building is consistent with the 1-1 permitted uses; or 3) the proposed building
is redesigned and incorporated into the repair facility building.
4. All applicable design and performance standards of the City Code shall be complied with,
especially those identified in Section 11.60 (Performance Standards) and Section 11.44
(Light Industry Zone).
5. The development shall comply with City Code Section 10.60, Noise Elimination and Noise
Prevention.
6. Shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the
development as a whole and for the individual buildings and structures within the
development.
7. Shall consist of structures that are owned, maintained, and operated under unified control in
accordance with a plan which contains provisions providing for the enforcement thereof.
8. Shall be screened from all public right-of-way and residentially zoned land, with an opaque
fence, wall or berm not to exceed eight feet in height, constructed of new materials, and
maintained in good condition.
9. Shall have a maximum area equal to the combined footprint of the principal and accessory
buildings.
10. Shall be surfaced entirely with asphalt, concrete, or class five (5) aggregate.
11. Shall screen all storage areas associated with the vehicle repair operation.
12. Shall not be located on a lot or parcel ofland within 200 feet of any residential zone.
13. Perimeter curb and gutter shall be installed, with the design and materials consistent with the
City's Design Criteria.
14. Water run-off from serviced and/or washed vehicles shall be treated and disposed of
properly.
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15. The applicant shall comply with the screening and landscaping requirements as identified in
Section 11.60 of the City Code.
16. Building construction, sewer, water service, fire protection and access will be reviewed for
code compliance at the time of building permit application(s).
17. The developer and/or their assigns shall be responsible for any required or desired noise or
dust mitigation measures.
18. Approval ofthis conditional use permit does not constitute approval of any signs. Sign
permits shall be required for all signs, and sign permit applications will be reviewed for
compliance with City Code requirements at the time of application.
19. Sales of commercial trucks, trailers and buses are not permitted. Any other products sold in
conjunction with commercial trucks must be contained within the principal structure.
20. Outside storage will be limited to semi-tractors and trailers, consistent with the submitted
parking/storage plan.
21. Shall not store any vehicles that are not offered for sale which are unlicensed for more than
seven (7) days and/or vehicles that are inoperative for more than seven (7) days.
22. Concrete perimeter curb and gutter shall be installed, with the design and materials
consistent with City's Design Criteria for concrete curb and gutter.
23. Water run-off from serviced and/or washed vehicles shall be treated and disposed in
accordance with local, state and/or federal requirements.
24. The applicant shall obtain a hazardous waste license from the Scott County Environmental
Health. Department.
25. Any development of the site shall comply with the regulations of the Migratory Bird Treaty
Act.
26. Hours of operation shall be limited to 7 a.m. to 11 p.m., Monday through Friday. The
applicant will be allowed to operate a "skeleton" crew to handle emergency calls for towing
to the facility after hours of operation.
27. Overhead service doors shall remain closed both during and after hours of operation, except
to allow vehicles to enter and exit the service area.
28. No unattended idling of trucks in excess of 15 minutes shall be allowed outside the
building(s).
29. Blasting shall be conducted consistent with the City Code requirements or as specified by
the City Engineer (hours, charge size, etc.).
30. Air equipment/generators shall only be stored and used indoors.
31. Any proposed fencing shall not exceed eight (8) feet in height.
Adopted by the City Council on the _ day of ,2009.
Mayor
ATTEST:
R. Michael Leek, Community Development Director
PREPARED BY:
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
1X
'G~
CERTIFICATION OF RESOLUTION NO. PC08-067
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. PC08-067, presented to and adopted by the City Council of the City of
Shakopee at a duly authorized meeting thereof held on the _day of _, 2009, as shown by
minutes of the meetin~ in my possession.
Dated this day of ,2009
Judith S. Cox, City Clerk
SEAL
Prepared by:
THE CITY OF SHAKOPEE
129. South Holmes
Shakopee,~ 55379
~
59
January 23,2009
Mr. Mark Noble
City of Shakopee
129 Holmes Street South
Shakopee, Minnesota 55379
Re: Additional Information Related to the Interstate Plat and CUP Applications
Dear Mr. Noble,
Pursuant to your letter of January 14, 2009, we offer the following additional information in support of our
application for a Conditional Use Permit, allowing Interstate to construct new facilities in Shenandoah
Business Park. We appreciate the opportunity to provide these clarifications and assurances. For the sake
of clarity, we have organized our response in accordance with the January 14 letter.
1. Provide a redesign of the site that incorporates the office building into the repair facility building, or
submit a text amendment application which proposes that office buildings be listed as permitted use in the
1-1 Light Industry Zone.
A text amendment application has been prepared and will be submitted. We believe that including
freestanding office uses in the Light Industrial Zone has several advantages. Among them, attracting
a wider array of businesses to locate in Shakopee, improving facility appearance, and providing
screening for permitted light industrial uses. Additional information is provided with the application.
2. Provide specific information regarding truck/tractor element of the business as follows:
a. New Trucks:
i. Will new trucks be housed or stored on site?
No, there will be no new trucks housed or stored on site. The facility will provide service, and the
installation of after-market equipment. New truck sales are conducted at other 'locations.
b. Trucks on site for repair:
i. What is the longest period and average period of time that trucks on site for repair will be
housed or stored on site?
Fast turn-around is critically important to Interstate's customers. Seventy percent of repairs are
completed within 24 Hours. More than ninety percent are completed within a week.
ii. What are the peak and average number of trucks on site for repair at anyone time?
The average number of trucks on site is roughly 30. At peak intervals there may be up to 50 total,
including those parked within the repair bays which hold up to 36 units.
iii. Where will they be stored/parked on site (show the area on the siteplan)?
A reduced site plan is attached indicating the area for tractor storage and staging. Note that to some
extent tractor and trailer parking spots are interchangeable and that flexibility in use is planned and
desired.
iv. Describe the types of anticipated repair work, and the average length of time such work
might reasonably take, thereby requiring storage on site.
Interstate will provide service to trucks including routine maintenance (oil change, tune-ups, etc.), as
well as performing major and minor repairs to engines and drive-trains. Examples include engine
rebuilds, transmission rebuilds, clutch repairs, pump replacements, brake adjustment and
replacement, etc. As noted above, seventy per cent of repairs are completed within 24 hours and
{gO
ninety percent are completed within one week. Storage periods are normally 1 day to a maximum of 5
days.
c. TraUers on site for refrigeration installation or repair:
i. What is the longest period and average period of time that trailers on site for installation
or repair will be housed or stored on site?
As with trucks, turnaround is critically important to customers. Ninety percent of repairs or
installation of after market refrigeration occurs within one week's time.
ii. What are the peak and average number of trailers on site for repair at anyone time?
The average number of trailers is 12 to 15. At peak, as when a recently purchased trailer fleet is
delivered for installation of refrigeration units, there may be up to 50. trailers on site, including those
inside and outside the repair facility.
iii. Where will they be stored/parked on site (show the area on the site plan)?
A reduced site plan is attached indicating the area for trailer storage and staging. Please note again
that tractor and trailer parking spots are interchangeable and that flexibility in use is planned and
desired.
d. Provide specific information regarding the generator sales/service element of the business:
i. Range in size of generators.
Generators range in size from 5 KW to 3,0.0.0. KW. The smallest is 2' x 3' in size, the largest roughly 20.'
X 10.' in size. These generators are used to provide back-up electrical power, and are commonly used
by hospit~ls, schools, businesses and cities, including Shakopee.
ii. Number of generators, and where they may be stored on site (show the area on the site
plan).
Interstate has a professional sales force, which is an office function, on site selling new generator
units that are manufactured by other companies from across the country. Up to 20. units, primarily
smaller in capacity, may be crated and stocked inside the building. No new generators will be stored
outside. The majority of generators are shipped by the factory direct to the customer's location.
Service will be provided by Field Service Technicians who travel to the customer's location to perform
service. In rare occasions,' generators or their component parts will be brought to the Interstate
facility in Shakopee to be worked on in the repair shop.
iii. Percentage of sales vs. service activity related to generators.
Generator sales far exceed service activity. Roughly 90.% of on-site activity is sales-related, which is
an office function, with 10.% or less being generator-service related.
3. Hours of operation. Times of shifts and anticipated employee counts for each shift. Anticipated number
of emergency related business/employees, and what that activity may involve.
Interstate will operate two shifts. The first, from 7:0.0. AM to 4:0.0. PM will employ approximately 80.
persons. The second, from 3:0.0. PM to 11 :0.0. PM will employ approximately 10. persons. The second
shift includes a service advisor, one or two parts department employees, and service technicians.
4. Air quality testing and pollution prevention/reduction processes available at this site.
The vast majority of engines serviced at this location are less than 5 years old and fully compliant
with current emissions statues. No additional treatment is required.
lo\
It is important to note that diesel truck emissions standards have been rigorously tightened over the
last 15 years. 2010 emissions levels will be just 10% of 2007 emission levels. 2007 emission levels
were 25% of 1994 emission levels. (A chart is attached). The engines will run intermittently as
trucks are pulled in to a repair bay, moved out of a repair bay, or are operated inside a bay during the
repair process. Other uses permitted in the Light Industrial Zoning (bulk warehousing for instance)
would generally involve many more trucks running for significantly longer periods. Furthermore,
prevailing winds are from the northwest and south, and will direct any emissions away from the
residential areas to the south.
5. Details regarding potential blasting activities, survey of surrounding properties, and type of security that
might be provided to insure against damage and blasting activities.
The General Contractor, RJM Construction, has submitted a letter detailing areas where blasting may
be required and what precautions will be taken by their subcontractor to control impact on nearby
residences. It will be the responsibility of the blasting subcontractor to (1)carry insurance coverage
for damage to neighboring properties (2) monitor vibrations caused by blasting activity in the vicinity
of the residences and (3) video-tape the exterior and interior of residences prior to blasting activities
commence in order to confirm existing conditions.
6. Update regarding the traffic study inquiries. Compare the analysis done for the 2001 AUAR and the
conclusions reached with the expected traffic levels to be generated by the proposed uses.
The 2001 Traffic Study has been updated by Howard Green and Associates to reflect present and
future traffic levels generated by Interstate's development. A copy is attached.
7. Incorporate the installation of street lights on Shenandoah Drive into the utility plans, consistent with the
design and specifications as recommended by city staff.
We will work with the city staff to define and quantify required street lighting. We understand that the
cost of operation and maintenance will be carried by the city.
We trust this additional information will help clarify our intent and the nature of our operations. We look
forward to doing business in Shakopee.
Sincerely,
Interstate Companies LLC
Jeff Caswell, CEO
9,
cpt
Diesel Emission Reductions
History
---
. 1998: Engine Manufacturers Must
Comply to 4.0 NOX 1 .1 9 PM
· 2002: EPA Pulls Ahead Consent
Decree Compliance to 10/1/02
2.5 NOX/.1g PM
· 2004: Mercedes-Benz Product Meets
- 2.5g NOX I .1 9 PM Requirements
a..
.c · 2007: Engine Manufacturers Must
I
C.
.c Comply to 1.2 NOX 1 .01 9 PM
CD
- . 2010: NOX to be Reduced by Over .2g
>< NOX I .01 PM
0 90% from 2007 Levels
Z
1.2
0.2 ,d/ 2010
0.0 0.01 PM (g/hp-hr) 0.10 Required for use in all model year
2007 and later highway diesel
vehicles and engines.
Recommended for use in all diesel
vehicles and engines.
.~.~, .- _~llo.-..,-"!:,
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Program Update: Introduction of Cleaner-burning Diesel Fuel Enables Advanced Pollution Control for ... Page 1 of 2
http://www .epa.gov /otaq/highway-diesel/regs/420f06064.htm
. h . Last IP~ted on Monday, December 3rd, 2007.
Heavy-Duty Hlg way Dlese rogram
-~
You are here: EPA Home Transportation and Air Quality Heavy-Duty HighwaVDiesel Proaram
Reaulations and Standards Program Update: Introduction of Cleaner-burning Diesel Fuel Enables
Advanced Pollution Control for Cars, Trucks and Buses
Program Update: Introduction of Cleaner-burning
Diesel Fuel Enables Advanced Pollution. Control for Cars,
Trucks and Buses
EPA420-F-06-064, October 2006
Download a PDF version of this document formatted for print. (3 pp, i72K PDF, About PDF Files)
The low sulfur diesel fuel portion of EPA's Heavy-Duty Highway Diesel rule (the "2007 Highway Rule"),
which was finalized in January 2001, is now taking effect. Refiners are producing the cleaner-burning
diesel fuel, called Ultra-Low Sulfur Diesel (ULSD), for use in highway vehicles beginning in June 2006. This
new diesel fuel costs an additional 4 to 5 cents per gallon to produce and distribute. ULSD enables
advanced pollution control technology for heavy-duty trucks and buses so that engine and vehicle
manufacturers can meet the 2007 emission standards. As a result, each new truck and bus will be more
than 90 percent cleaner than current models. ULSD also enables light-duty passenger vehicle
manufacturers to make use of similar technologies on diesel-powered cars, SUVs and light-trucks.
· Overview
· Public Health Benefits
· Lead Time
· Stakeholder Outreach
· For More Information
Overview
EPA's Clean Air Highway Diesel final rule requires a 97 percent reduction in the sulfur content of highway
diesel fuel, from its current level of 500 parts per million (ppm), to 15 ppm. As of October 15, 2006, ULSD
is available at retail stations. Cars, trucks and buses with advanced pollution control will be available
beginning in the autumn of 2006.
By addressing diesel fuel and engines together as a single system, this program will provide annual
emission reductions equivalent to remOVing the pollution from more than 90 percent of today's trucks and
buses, or about 13 million trucks and buses, when the current heavy-duty vehicle fleet has been
completely replaced in 2030. This is the greatest reduction in harmful emissions of soot, or particulate
matter (PM), ever achieved from cars and trucks.
Public Health Benefits
Once this action is fully implemented, environmental benefits include:
· 2.6 million tons of smog-causing nitrogen oxide (NOx) emissions will be reduced each year.
· PM will be reduced by 110,000 tons per year.
In the long term, this program will result in more than $70 billion annually in environmental and public
health benefits at a cost of $4 billion per year.
Health benefits will include the annual prevention of: lo~
http://www .epa. go v / otaq/hi gh way -di esellregsJ 4 20f06064. htm 1/27/2009
Program Update: Introduction of Cleaner-burning Diesel Fuel Enables Advanced Pollution Control for... Page 2 of 2
+ 8,300 premature deaths
· 5,500 cases of chronic bronchitis
· 17,600 cases of acute bronchitis in children
· 360,000 cases of respiratory symptoms in asthmatic children
. 1.5 million lost work days
· 7,100 hospital visits
· 2,400 emergency room visits for asthma
Smog causes a range of health problems related to breathing, including chest pain, coughing, and
shortness of breath. Soot is deposited deep in the lungs and causes premature death, increased
emergency room visits, and increased respiratory symptoms and disease. With both smog and soot,
children and the elderly are most at risk. Smog and soot also adversely affect the environment in various
ways, including crop damage, acid rain, and visibility impairment.
Lead Time
EPA provided significant lead time for refiners and other parties throughout the fuel production and
distribution industry to ensure a smooth transition to ULSD. Although the fuel provisions began going into
effect in June 2006, they will be phased in through 2009. EPA also provided special hardship provisions
for small refiners to minimize their economic costs.
Stakeholder Outreach
Since the standards were finalized in 2001, EPA has worked with the regulated community and other
stakeholders to ensure a smooth transition. We co-sponsored and participated in numerous workshops
and technology review panels, and issued progress reports, and guidance documents. Where necessary,
we have also issued several technical amendments to the regulations to ensure a smooth introduction of
the program.
In late 2005, EPA began participating with the Clean Diesel Fuel Alliance, a group of more than 20
industry, government, and consumer organizations that are working together to provide information on
the benefits of ULSD and cleaner-burning diesel cars, trucks and buses.
For More Information
For more information on this program, please visit the following Web sites:
· 2007 Heavy-Duty Hiqhway Rule
· EPA's National Clean Diesel Campaign
· Clean Diesel Fuel Alliance ls.:>;.lJ:l'l?RL'@Iill?L!
lu~
http://www .epa. go v /otaq/hi gh way -diesel/re gs/4 20f06064. h tm 1/27 /2009
Emission Standards: USA: Heavy-Duty Truck and Bus Engines Page I of 4
,Emission Standards l) United States
Heavy-Duty Truck and Bus Engines
Applicability 2ind Test Cycles
Modej Year 1987-2003
Model Year 2004 and Later
Model Year 2007 and Later
Applicability and Test Cycles
The following emission standards apply to new diesel engines used in heavy-duty highway vehicles. The current federal definition of a
compression-ignition (diesel) engine is based on the engine cycle, rather than the ignition mechanism, with the presence of a throttle as an
indicator to distinguish between diesel-cycle and otto-cycle operation. Regulating power by controlling the fuel supply in lieu of a throttle
corresponds with lean combustion and the diesel-cycle operation (this allows the possibility that a natural gas-fueled engine equipped
with a sparkplug is considered a compression-ignition engine).
Heavy-duty vehicles are defined as vehicles of GVWR (gross vehicle weight rating) of above 8,500 lbs in the federal jurisdiction and
above 14,000 lbs in California (model year 1995 and later). Diesel engines used in heavy-duty vehicles are further divided into service
classes by GVWR, as follows.
. Light heavy-duty diesel engines: 8,500 < LHDDE < 19,500 (14,000 < LHDDE < 19,500 in California, 1995+)
. Medium heavy-duty diesel engines: 19,500:::; MHDDE :::; 33,000
. Heavy heavy-duty diesel engines (including urban bus): HHDDE > 33,000
Under the federal light-duty 'fier 2 regulation (phased-in beginning 2004) vehicles of GVWR up to 10,000 lbs used for personal
transportation have been re-c1assified as "medium-duty passenger vehicles" (MDPV - primarily larger SUVs and passenger vans) and are
subject to the light-duty vehicle legislation. Therefore, the same diesel engine model used for the 8,500 - 10,000 lbs vehicle category may
be classified as either light- or heavy-duty and certified to different standards, depending on the application.
Current federal regulations do not require that complete heavy-duty diesel vehicles be chassis certified, instead requiring certification of
their engines (as an option, complete heavy-duty diesel vehicles under 14,000 lbs can be chassis certified). Consequently, the basic
standards are expressed in g/bhp'hr and require emission testing over the Transient FTP engine dynamometer cycle (however, chassis
cettificationmay by,requiredforcomp1eteheavy-duty gasoline vehicles with pertinent emission standards expressed in g/mile).
Additiq'nq1,ie:B'J:f~i;i()ntesting requirements; first 'introduced in 1998, include the following:
.. ,-.> ~'" .-.... '..,- .- , .. .-....... .. -', ,
. '
. - ..' ',- , .
. SupplelllentalEmission Test (SET): A steady-state test to ensure that heavy-duty engine emissions are controlled during steady-
state type driving, such as a line-haul truck operating on a freeway. SET emission limits are numerically equal to the FTP limits.
. Not-to-Exceed (NTE) testing: Driving of any type that could occur within the bounds of a pre-defined NTE control area,
including operation under steady-state or transient conditions and under varying ambient conditions. NTE emission limits are
typically higher than the FTP limits.
These tests were introduced for most signees of the 1998 Consent Decrees between the EP A and engine manufacturers for the period
1998 - 2004. Federal regulations require the supplemental testing from all engine manufacturers effective 2007. In California, the tests are
required for all engines effective model year 2005.
Model Year 1987-2003
Model year 1988-2003 US federal (EPA) and 1987-2003 California (ARB) emission standards for heavy-duty diesel truck and bus
engines are summarized in the following tables. Applicable to the 1994 and following year standards, sulfur content in the certification
fuel has been reduced to 500 ppm wt. 1Jl
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Emission Standards: USA: Heavy-Duty Truck and Bus Engines Page 2 of 4
Table 1
EPA Emission Standards for Heavy-Duty Diesel Engines, g/bhp'hr
Year HC CO NOx PM
Heavy-Duty Diesel Truck Engines
1988 1.3 15.5 10.7 0.60
1990 1.3 15.5 6.0 0.60
1991 1.3 15.5 5.0 0.25
1994 1.3 15.5 5.0 0.10
1998 1.3 15.5 4.0 0.10
Urban Bus Engines
1991 1.3 15.5 5.0 0.25
1993 1.3 15.5 5.0 0.10
1994 1.3 15.5 5.0 0.07
1996 1.3 15.5 5.0 0.05*
1998 1.3 15.5 4.0 0.05*
. - in-use PM standard 0.07
Table 2
California Emission Standards for Heavy-Duty Diesel Engines, ~/bhp'hr
Year NMHC THC CO NOx PM
Heavy-Duty Diesel Truck Engines
1987 - 1.3 15.5 6.0 0.60
1991 1.2 1.3 15.5 5.0 0.25
1994 1.2 1.3 15.5 5.0 0.10
Urban Bus Engines
1991 1.2 1.3 15.5 5.0 0.10
1994 1.2 1.3 15.5 5.0 0.07
1996 1.2 1.3 15.5 4.0 0.05
Useful Life and Warranty Periods
Compliance with emission standards has to be demonstrated over the useful life of the engine, which was adopted as follows (federal &
California):
. LHDDE----'8 years/llO,OOO miles (whichever occurs first)
. MHDDE-8 yearsll85,OOO miles
. HHDDE-8 yearsl290,OOO miles
Federal useful life requirements were later increased to 10 years, with no change to the above mileage numbers, for the urban bus PM
standard (1994+) and for the NOx standard (1998+).
The emission warranty period is 5 years/lOO,OOO miles (5 yearsllOO,OOO miles/3,OOO hours in California), but no less than the basic
mechanical warranty for the engine family.
Clean Fuel Fleet Program
Table 3 shows a voluntary Clean Fuel Fleet (CFF) emission standard. It is a federal standard that applies to 1998-2003 model year
engines, both CI and SI, over 8,500 Ibs GVWR. In addition to the CFP standard, vehicles must meet applicable conventional standards for
other pollutants.
Table 3 (Q'}
I Clean Fuel Fleet Program for Heavy-Duty SI and CI Engines, g/bhp'hr I
I I I I
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Emission Standards: USA: Heavy-Duty Truck and Bus Engines Page 3 of 4
Category* CO NMHC+NOx PM HCHO
LEV (Federal Fuel) 3.8
LEV (California Fuel) 3.5
ILEV 14.4 2.5 0.050
.
ULEV 7.2 2.5 0.05 0.025
ZLEV 0 0 0 0
. LEV. low emission vehicle; ILEV . inherently low emission vehicle; ULEV - ultra low emission vehicle; ZEV - zero
emission vehicle
Model Year 2004 and Later
In October 1997, EPA adopted new emission standards for model year 2004 and later heavy-duty diesel truck and bus engines. These
standards reflects the provisions of the Statement of Principles (SOP) signed in 1995 by the EP A, California ARB, and the manufacturers
of heavy-duty diesel engines. The goal was to reduce NOx emissions from highway heavy-duty engines to levels approximately 2.0
g/bhp'hr beginning in 2004. Manufacturers have the flexibility to certify their engines to one of the two options shown in Table 4.
Table 4
EPA EmiSSion Standards for MY 2004 and Later HD Diesel Engmes, g/bhp'hr
Option NMHC + NOx NMHC
1 2.4 n/a
2 2.5 0.5
All emission standards other than NMHC and NOx applying to 1998 and later model year heavy duty engines (Table 1) will continue at
their 1998 levels.
EPA established revised useful engine lives, with significantly extended requirements for the heavy heavy-duty diesel engine service
class, as follows:
. LHDDE-11O,000 miles/l0 years
. MHDDE-185,000 miles/lO years
. HHDDE-435,000 miles/lO years/22,000 hours
The emission warranty remains at 5 years/lOO,OOO miles.
With the exception of turbocharged and supercharged diesel fueled engines, discharge of crankcase emissions is not allowed for any new
2004 or later model year engines.
The federal 2004 standards for highway trucks are harmonized with California standards, with the intent that manufacturers can use a
single engine or machine design for both markets. However, California certifications for model years 2005-2007 additionally require SET
testing, and NTE limits of 1.25 x FIP standards. California also adopted more stringent standards for MY 2004-2006 engines for public
urban bus fleets.
Consent Decrees
In October 1998, a court settlement was reached between the EPA, Department of Justice, California ARB and engine manufacturers
(Caterpillar, Cummins, Detroit Diesel, Volvo, Mack Trucks/Renault and Navistar) over the issue of high NOx emissions from heavy-duty
diesel engines during certain driving modes. Since the early 1990's, the manufacturers used engine control software that caused engines
to switch to a more fuel efficient (but higher NOx) driving mode during steady highway cruising. The EPA considered this engine control
strategy an illegal "emission defeat device".
Provisions of the Consent Decree included the following:
. Civil penalties for engine manufacturers and requirements to allocate funds for pollution research
· Upgrading existing engines to lower NOx emissions (p~
. Supplemental Emission Test (steady-state) with a limit equal to the FTP standard and NTE limits of 1.25 x FTP (with the
http://www .dieselnet.coml standards/us/hd. php 1/27 /2009
Emission Standards: USA: Heavy-Duty Truck and Bus Engines Page 4 of 4
exception of Navistar)
. Meeting the 2004 emission standards by October 2002, 15 months ahead oftime
Model Year 2007 and Later
On December 21,2000 the EPA signed emission standards for model year 2007 and later heavy-duty highway engines (the California
ARB adopted virtually identical 2007 heavy-duty engine standards in October 2001). The rule includes two components: (1) emission
standards, and (2) diesel fuel regulations.
The first component of the regulation introduces new, very stringent emission standards, as follows:
. PM-O.Dl glbhp-hr
. NOx-O.20 g/bhp-hr
. NMHC-O.14 g/bhp-hr
The PM emission standard will take full effect in the 2007 heavy-duty engine model year. The NOx and NMHC standards will be phased
in for diesel engines between 2007 and 2010. The phase-in would be on a percent-of-sales basis: 50% from 2007 to 2009 and 100% in
2010 (gasoline engines are subject to these standards based on a phase-in requiring 50% compliance in 2008 and 100% compliance in
2009). Very few engines meeting the 0.20 g/bhp-hr NOx requirement will actually appear before 2010. In 2007, most manufacturers
opted instead to meet a Family Emission Limit (PEL) around 1.2-1.5 g/bhp-hr NOx for most of their engines with a few manufacturers
still certifying some of their engines as high as 2.5 g/bhp-hr NOx+NMHC.
In addition to transient FTP testing, emission certification requirements also include:
. SET test, with limits equal to the FTP standards, and
. NTE testing with limits of 1.5 x FTP standards for engines meeting a NOx FEL of 1.5 g/bhp-hr or less and 1.25 x FI'P standards.
for engines with a NOx FEL higher than 1.5 g/bhp-hr.
Effective for the 2007 model year, the regulation maintains the earlier crankcase emission control exception for turbocharged heavy-duty
diesel fueled engines but requires that if they are emitted to the atmosphere, they be added to the exhaust emissions during all testing. In.
this case, the deterioration of crankcase emissions must also be accounted for in exhaust deterioration factors.
The diesel fuel regulation limits the sulfur content in on-highway diesel fuel to 15 ppm (wt.), down from the previous 500 ppm. Refiners
will be required to start producing the 15 ppm S fuel beginning June 1,2006. At the terminal level, highway diesel fuel sold as low sulfur
fuel must meet the 15 ppmsulfur standard as of July 15,2006. For retail stations and wholesale purchasers, highway diesel fuel sold as
low sulfur fuel must meet the 15 ppm sulfur standard by September 1,2006.
Refiners can also take advant;lge of a temporary compliance option that will allow them to continue producing5oo ppmfuehn 20% of
the volume of diesel fuel they produce until December 31, 2009. In addition, refiners caq participate in an averaging, banking and trading
program with other refiners in their geographic area.
Ultra low sulfur diesel fuel has been introduced as a "technology enabler" to pave the way for advanced, sulfur~intolerant exhaust
emission control technologies, such as catalytic dieselparticulate filters and NOx catalysts, which will be necessary to meet the 2007
emission standards.
The EP A estimates the cost of reducing the sulfur content of diesel fuel will result in a fuel price increase of approximately 4.5 to 5 cents
per gallon. The EPA also estimates that the new emission standards will cause an increase in vehicle costs between $1,200 to $1,900 (for
comparison, new heavy-duty trucks typically cost up to $150,000 and buses up to $250,000).
(oq
http://www.dieselnet.com/standards/uslhd.php 1/27/2009
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~~~~)i1 January 22, 2009
CONSTRUCTION
Mr. Dale Glowa
3500 American Blvd W, Suite 200
Bloomington, MN 55431
Dear Dale,
I have looked at the Interstate Companies future site in Shakopee to determine the area
where we potentially will need to blast the bedrock to install the underground utilities.
I reviewed the plans supplied by Pope Architects with Ray Huber of Braun Intertec, and
we determined that it will most likely be necessary to blast the 12" DIP water main on the
east side of Shenandoah Drive. There are also areas to the north and far west that could
require blasting. I have indicated them in pink on the attached site plan.
The majority of the building site will be raised 3-4 feet. This, along with the possibility
of scraping the top 1-3 feet of bedrock, will allow us to install the main water pipe
without blasting. The building footings will more than likely be set on the bedrock and
will not require any blasting.
I have reviewed the blasting procedures with Quint Miller of Falcon Drilling and
Blasting. We do not expect any damage to the nearby housing but to ensure there isn't
any they will control the amount of vibration with various methods, including size of
explosives and the amount and depth of charges placed.
In addition, the contractor will be required to do the following items:
I. Carry insurance against any adjacent property damage
2. Do a pre-construction survey of houses inciudingvideo taping the inside and
outside to determine pre-existing conditions
3. Set up seismographic monitoring equipment to measure vibration in the area
of the housing
4. Adjust blasting procedures if unacceptable amounts of vibration occur
With the above-mentioned plan, I believe we can minimize any inconvenience to the
surrounding neighborhood.
Please call with any questions you may have. I look forward to working with you on this
CORPORATEOFFfC€ project.
HWY, -, CORPOHA If. CENTER
7003 VI, lAKE ST,
SUITE 400 Sincerely &L
ST, LOUIS PARK, MN 55426 ~',
PHONE 952-1337"8600
FAX 952-832-9600
SATELLITE OFFICES
PLAZA VII ohn Boben
MINNEAPOLIS, MN .. .
t{ Ice PresIdent, RJM Construction
NORTHLAND EXECUTIVE
OffiCE CEMTm
OLOOM1NGTON, MN
NORMAND ALE LAKE
OFFICE PARK
~~~ ~
Red numbered dots represent the estimated
bedrock depth (rcct) below surface
.
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Technical Memorandum
Interstate Companies Development Project
Review of AUAR, Shakopee, MN
January 26, 2009
HRG Project 812830J
Prepared For:
United Properties
.IUNIHD
.... .................. ,p IW PE RTiES
Prepared By:
~oward R. Green Company
1''?
Interstate Companies Development AUAR Review
HR Green Project 812830J
INTRODUCTION
HR Green completed a review of the 2001 AUAR traffic report that was prepared for the
Opus/United Properties development project. The Opus/United Properties development project
was proposed for completion in 2003, but was never constructed. The purpose of this review is
to compare the traffic generation expected from a newly proposed development project by
Interstate Companies, Inc. with that previously evaluated by the AUAR traffic report for
Opus/United Properties in 2001.
SITE LOCATION:
The proposed Interstate Companies development is located at the southwest quadrant of CH
101 and Shenandoah Drive in the City of Shakopee, MN. CH 101 is a high-speed 4-lane
divided rural highway with full access at Shenandoah Drive (through-STOP control). Access to
the site is principally provided by Shenandoah Drive, which runs north/south, and is a 4-lane
undivided roadway between CH 101 to Fourth Avenue. Fourth Avenue, which runs east/west
immediately south of the site has been widened to a three lane roadway, except at the
intersection with Shenandoah Drive.
2001 OPUS/UNITED PROPERTIES DEVELOPMENT PROPOSAL
The Opus/United Properties development proposal for this site was previously evaluated in May
2001 by HR Green for traffic impacts. That project proposed a mixed-use industrial
development that was planned to be constructed over several years, with Opus completing their
portion by 2002 and United Properties completing a portion of their site by 2003.
The AUAR traffic study evaluated the traffic impacts of the following land uses:
Opus Development (100% of Overall Plan)
. General Office- 140,280 SF (14% of Total Opus site)
. Warehouse - 861,720 SF (86% of Total Opus site)
United Properties Development (10% of Overall Plan)
. General Office - 58,050 SF (50% of Total U.P. site)
. Warehouse - 58,050 SF (50% of Total U.P. site)
Total Combined Development in 2003
. General Office - 198,330 SF
. Warehouse - 919,770 SF
. Total-1,118,100 SF
The Opus/United Properties development was located along Fourth Avenue on the east and
west sides of Shenandoah Drive.
The expected traffic generation associated with any development project is a function of the
type and density of land use. Based on the above development characteristics, the site was
1/26/2009 ~owaro R. Green Company
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Interstate Companies Development AUAR Review
HR Green Project 812830J
expected to generate approximately 6,750 vehicle trips per day, with nearly 860 of those trips
occurring during the PM peak hour.
The trip generation rates utilized for the 2001 analysis are shown below in Table 1.
TABLE 1
Estimated Trip Generation - Year 2003 Development Plan
United Properties / Opus AUAR Traffic Analysis - Shakopee, Minnesota
OPUS Development (100% of Total Plan)
%of Size Estimated Daily Estimated PM Peak Hour Trips
Trips
Land Use Site (SF) Rate Trips Rate Trips IN OUT
Category
General Office 14% 140,280 11.01 1,544 1.49 209 36 173
Warehouse 86% 861,720 4.96 4,274 0.61 526 42 484
SUBTOTAL 100% 1,002,000 5,819 735 78 657
United Properties Development (10% of Total Plan)
%of Size Estimated Daily Estimated PM Peak Hour Trips
Trips
Land Use Site (SF) Rate Trips Rate Trips IN OUT
Category
General Office 50% 58,050 11.01 639 1.49 86 15 72
Warehouse 50% 58,050 4.96 288 0.61 35 3 33
SUBTOTAL 100% 116,100 927 122 18 104
Total Site Development in 2003
Size Estimated Daily Estimated PM Peak Hour Trips
. Trips
Land Use Category (SF) Rate Trips Rate Trips IN OUT
General Office 198,330 11.01 2,184 1.49 296 50 245
Warehouse 919,770 4.96 4,562 0.61 561 45 516
TOTAL 1,118,100 6,746 857 95 761
Source: ITE Trip Generation. 6th Edition & Howard R. Green Company
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Interstate Companies Development AUAR Review
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SUMMARY OF 2001 OPUS/UNITED PROPERTIES CAPACITY ANALYSIS
Previously six key intersections were selected for operational analysis based on estimating the
probability of site development related traffic impacts. Those six intersections included:
1. CH 101 / CH 83
2. CH 83/ 4th Avenue East
3. CH 101 / Shenandoah Road
4. North TH 169 Ramps / CH 83
5. South TH169 Ramps / CH 83
6. 4th Avenue East / Shenandoah Road
These intersections were evaluated in terms of traffic impacts during the PM Peak hour for
2003. In addition, a no-build scenario was completed for comparison. For both altematives, a
2% growth rate in background traffic was used to project traffic to year 2003.
In order to document the quality of traffic operations, the Level-of-Service (LOS) at each
intersection was determined using the guidelines outlined in the 1997 Edition of the Hiqhwav
Capacity Manual. LOS is a qualitative measurement of the quality of traffic flow through
intersections or along roadway segments using a letter-grace scale. Much like an academic
report card, LOS A represents high-quality conditions with little or no congestion. Conversely,
LOS F represents poor conditions with extreme congestion and long delays. In most urban
areas, including the Twin Cities Metropolitan Area, the threshold between LOS D and LOS E
has been chosen as the index of congestion (Le. LOS D conditions are typically considered
acceptable, while LOS E conditions are typically considered deficient).
The 2001 Opus/United Properties capacity analysis is shown below in Table 2:
TABLE 2
PM Peak Hour (Year 2003) Intersection Capacity Analysis
Intersection Traffic Scenario Level-of- Notes
Control Service
CH 101 / CH 83 Traffic No-Build B
Signal Post Develo ment B
CH 83 14th Thru - Addition of eastbound right turn lane on
Avenue East STOP 4th results in LOS D operation for
intersection (post development
conditions)
4th Ave / All-Way No-Build A Based on estimated turning movements
Shenandoah STOP from ADT & Trip Generation with
Road Post Develo ment A documented directional orientation
CH 83 / North Traffic No-Build B See Note # 3 Below
TH 169 Ramps Signal Post Development B
CH 83 I South Traffic No-Build A See Note # 3 Below
TH 169 Ramps Signal Post Develo merit A
CH 101 / Thru - No-Build B
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Interstate Companies Development AUAR Review
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Shenandoah
Road Post Development
Notes:
1. LOS for Thru-STOP intersections is LOS on worst approach and not LOS for entire
intersection.
2. No signal timing or phasing changes were assumed for any signalized intersections.
3. Analysis does not account for Valley Green development near TH 169/ CH 83.
However, this impact analysis concludes that traffic associated with Opus / United
Properties development does not have significant impact on ramp terminal operations.
As can be seen in Table 2, all of the studied intersections were forecast to operate at LOS D or
better with the exception of 4th Avenue at CH 83, which resulted in a LOS F determination. To
mitigate the LOS F determination, it was recommended to construct an eastbound right-turn
lane. With this geometric modification, the intersection was forecast to operate at a LOS D.
2020 TRAFFIC OPERATION RECOMMENDATIONS
The 2001 AUAR report included a discussion of 2020 traffic operations. The following key
comments were made at the time with regard to future deficiencies:
. The intersection of 4th Avenue and CH 83 would likely require major reconstruction
including the installation of a traffic signal, left turn lanes on CH 83, and three lanes of
approach on 4th Avenue (perhaps combined with an eastbound free-right with an
appropriate acceleration lane onto CH 83).
. The demand on 4th Avenue East exceeds the capacity by approximately 65%, which
indicates that the existing two-lane rural section would not meet the transportation needs
of the area in 2020. The expected ADT (approximately 16,500) could adequately be
accommodated by a three-lane section with additional lanes at major intersections, such
as at CH 83.
INTERSTATE COMPANIES, INC. DEVELOPMENT PROPOSAL
The Interstate Companies, Inc. development encompasses a total of 17.44 acres of property
and includes a corporate office and a truck repair facility.
It is important to note that access to the 2001 Opus/United Properties development was from
Fourth Avenue, rather than from Shenandoah Drive as is currently proposed. Thus, the
distribution of site generated traffic will differ at the intersection of Shenandoah Drive and Fourth
Avenue. Also, the geographic footprint of the development is different than before. The
Interstate Companies development is located entirely west of Shenandoah Drive and north of
Fourth Avenue.
The following is a summary of the land use currently proposed for the site:
Interstate Companies. Inc. Development
Total site area: 50.9 Acres w/ road easements
46.1 Acres w/o road easements
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Interstate Companies Development AUAR Review
HR Green Project 812830J
Site area of proposed Interstate Companies development: 17.4 Acres
Area of office building: 20,730 sJ.
Area of truck repair facility:
Office: 15,350 sJ.
Warehouse: 27,585 sJ.
Shop: 40.260 s.f.
Total truck repair facility: 83,195 sJ.
The trip generation resulting from the proposed land use is shown below in Table 3.
TABLE 3
Estimated Trip Generation
Interstate Companies, Inc. Development
Size Estimated PM Peak Hour Trips
land Use Category (SF) Rate Trips IN OUT
General Office 20,730 1.49 31 5 26
Truck Repair (1) 83,195 1.44 a 120 29 91
TOTAL 103,950 151 34 117
Notes: (1) Trip generation rate calculated from available information
Source: ITE Trip Generation. 8th Edition & Howard R. Green Company
It is important to recognize that the proposed land use is different than that assumed for the
AUAR in 2001. The AUAR assumed that the overall site would be developed with a mix of
office and warehouse land uses. The Interstate Companies development assumes a mix of
office and a truck repair facility. In effect, the development would replace the warehouse land
use with the truck repair land use. For the purposes of this study, it was necessary to calculate
a trip generation rate for the truck repair facility from available data. This rate, compared to the
other trip generation rates, is shown below in Table 4.
TABLE 4
Trip Generation Rates
Estimated PM Peak Hour Trips
land Use Rate (Trips/1000 SF)
General Office 1.49
Warehouse 0.61
Truck Repair (1) 1.44
Notes: (1) Trip generation rate estimated from available data
COMPARISON OF TRIP GENERATION CHARACTERISTICS: INTERSTATE COMPANIES
DEVELOPMENT VS. THE 2001 OPUS/UNITED PROPERTIES PROPOSAL
To demonstrate the effects ofthe proposed land use change, a comparison was made between
the 2001 Opus/United Properties development proposal and the current Interstate Companies
Development. The comparison assumed that the remainder of the site is built-out out to same
density and land use as used in the AUAR.
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Interstate Companies Development AUAR Review
HR Green Project 812830J
The results of the comparison, which is shown below in Table 5 and Table 6, indicates that the
total trip generation for the proposed development is only slightly higher than the 2001
Opus/United Properties development.
TABLE 5
Estimated Trip Generation -Interstate Companies Development (With Build-Out)
Size Estimated PM Peak Hour Trips
land Use Category (SF) Rate Trips IN OUT
General Office 20,730 1.49 31 5 26
Truck Repair 83,295 1.44 120 29 91
TOTAL 103,930 151 34 117
Remainina Development . 1,014,170
General Office 182,547 1.49 272 46 226
Warehouse 831 ,603 0.61 507 86 421
TOTAL 1,118,100 930 167 763
TABLE 6
Development Comparison
Estimated PM Peak Hour
Size Trips
Development Proposal (SF) Trips IN OUT
Interstate Companies, Inc. (with Site Build-
Out) 1,118,100 930 167 763
Opus/United Properties (2001) 1,118,100 857 95 761
CONCLUSION
Because the' proposed land use for Interstate Companies development differs from original
Opus/United Properties proposal of 2001, the resultant trip generation characteristics differ as
well. However, assuming that the remainder of the site is developed in accordance with the
density and land use assumed for the 2001 AUAR, the overall traffic generation wil~ be
comparable with the previous AUAR report.
1/26/2009 ~oward R. Green CofTlP3ny
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CITY OF SHAKOPEE
MEMORANDUM
To: Mark Noble, Project Manager
From: Sherry Dvorak, Recreation Supervisor
Date: January 28,2009
Subj ect: Preliminary Plat/CUP Review - Interstate Companies, Inc
INTRODUCTION
The Parks and Recreation Advisory Board and Environmental Advisory Committee are
submitting comments for the Preliminary Plat/CUP Review for Interstate Companies, Inc.
BACKGROUND AND DISCUSSION
The PRAB and EAC reviewed the Preliminary Plat/CUP Review - Interstate Companies, Inc
at their joint meeting on January 26,2009.
DISCUSSION ON PARK DEDICATION REQUIREMENTS
Given the proposed use of this development, cash in lieu of land is advised.
The current park dedication fee for industrial property if $6930/acre. Lot I as shown is 17.4
acres, which based on the City's 2009 fee schedule, would result in a park dedication of
$120,582.99, with a balance of28.7 acres to be paid at time of recording the final play for the
remaining lots.
Applicant Proposal
Consistent with the concept plan, the applicant is proposing cash contribution.
Parks and Recreation Advisory Board Recommendation
The Parks and Recreation Advisory Board recommend approval of the Preliminary Plat/CUP for
Interstate Companies with the following conditions:
1. The applicant shall meet park dedication requirements by providing cash in lieu of land
dedication.
2. Park dedication fees in the amount required by the City Code and adopted City fee
schedule shall be paid prior to the recording of the final plat of Lot I, Block I, Interstate
Addition. Park dedication payment for Outlot A, Interstate Addition (Lots 2, 3 4 & 5 as
identified in the preliminary plat), shall be paid in an amount consistent with adopted fee
schedule in place at the time of final plat recording for those parcels.
3. Request the Planning Commission to review and study the safest and most feasible
location for trail construction along Shenandoah Drive to accommodate future trail
connections. If west side of Shenandoah is deemed the safest and most feasible, add the
condition of trail construction to the current application.
WOODLAND REVIEW, EROSION, AND WETLANDS
A portion of the construction site is within the Natural Resources Corridor and therefore the
Natural Resources Corridor Design Criteria apply. The EAC discussed the quality of the wooded
area and supported the proposed tree replacement plan. Committee members encouraged the
applicant to reduce the northern most pond to maintain as many of the existing trees as possible.
qp
Environmental Advisory Committee Recommendation
The Environmental Advisory Committee recommended approval subject to the following
conditions:
1. The applicant must meet the City's Woodland and Tree Management Ordinance
requirements.
2. Applicant shall be subject to conditions 2-16 as set forth from the Planriing Department in
the PRAB/EAC joint meeting memo dated January 29, 2009.
3. Applicant shall be subject to the conditions set forth from the Engineering Department.
4. Request the Planning Commission to review and study the safest and most feasible
location for trail construction along Shenandoah Drive to accommodate future trail
connections. If west side of Shenandoah is deemed the safest and most feasible; add the
condition of trail construction to the current application.
q;\
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Park & Recreation Advisory Board and Environmental Advisory
Committee
FROM: Mark Noble, Planner II y"
RE: Preliminary Plat/CUP Review - Interstate Companies, Inc.
DATE: January 26, 2009
INTRODUCTION
Pope Associates, on behalf of Interstate Companies, has submitted an application for Conditional
Use Permit (CUP) and preliminary and final plat approval of property at the northwest comer of 4th
Avenue and Shenandoah Drive (Exhibit A). The site is approximately 51 acres in size. The
property is zoned 1-1, Light Industrial Zone.
The property owner desires to construct a corporate office building and a repair facility for the
repair of tractors/trailers. The office building would house administrative, management and sales
employees, with sales to include generator products. The development requires approval of a CUP
for vehicle repair, multiple structures on one parcel, and exterior storage (tractors/trailers). The site
is generally flat, and includes a substantial number of trees. The first phase of the project focuses
on the northeasterly parcel; however, utility improvements would occur on segments of the property
to the west boundary and southerly boundary. Tree removal is proposed for Lot 1, Block 1,
Interstate Addition, and the utility corridors at this time. Additional tree removal would be
proposed at thetime of development of the other proposed parcels. The applicant has provided a
narrative of their proposed project, along with plans that identify the current site dynamics,
proposed site plan, proposed plats, tree preservation surveys, and the proposed landscape plan.
DISCUSSION
Woodland Review
The applicant has submitted a tree preservation survey, which identifies a total of2,390 trees on the
property. The applicant is proposing to remove approximately 310 trees from the site as part of
their first phase of development. The woodlands on this site are identified as low quality, which
requires one (1) replacement tree for every three (3) trees removed. The majority of the site will
remain wooded, until such time as there is future development on that area. The types of trees
slated for removal include predominantly a mix of Cedar, Elm, and Ash, with one tree of a size that
meets the definition of a heritage tree. It would be staff's recommendation that this one heritage
tree be preserved, as it is along the southerly border of the to-be developed area, and it appears to be
feasible to work around this tree. According to the Woodland and Tree Management Ordinance, the
applicant is required to replace the removed trees with 104 trees of a size and species consistent with
regulations.
The applicant submitted a concept tree preservation and landscape plan, which identifies 206 trees
;proposed to be planted on site, which complies with the City Code requirements. If this project is
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approved, the applicant will need to provide a detailed site landscape plan to ensure that all
requirements of the Tree Management Regulations are met (such as quantity of a specific species,
locations of specific species, etc.).
Additionally, the applicant has provided a noise study and a photometric plan which show that the
site will be in compliance with the City Code regarding noise and light levels. If this application is
approved, staff recommends that a condition of approval be that the site complies with the design
and performance standards of the City Code, especially those related to noise and light levels.
Lastly, staff recommends that there be compliance with the Migratory Bird Treaty Act of 1918 (this
is in reference to a Red Tailed Hawk nest that has been previously identified on site) and that any
trees and/or shrubs be a minimum of five (5) feet from any property line, and that they not be
planted in any drainage and utility easement.
Park Dedication Review
The proposed development does not include any designated public park; therefore, cash in lieu of
land will be required, consistent with the City Code requirements. There are several parks located
in this area, including Memorial Park (located northwest of this site, north of County State Aid
Highway 101), Prairie Bend Neighborhood Park (located southwest ofmis site, between 4th Avenue
and EagleCreek Blvd.). The applicant is proposing to final plat Lot 1 at this time, with the balance
of the property incorporated in an outlot (Outlot A). Outlot A is identified as four (4) lots in the
proposed preliminary plat, all of which are proposed for future industrial development. Based on
City requirements, these lots would be charged park dedication fees at the time of recording of the
final plat at a rate consistent with the park dedication fees in the adopted fee schedule at the time.
The current park dedication fee for industrial property is $6,930/acre. The applicant has stated that
the development consists of SO.9 acres; however, approximately 4.8 acres of that area is in
roadways (Shenandoah Drive and 4th A venue East). Lot 1 as shown is 17.4 acres, which, based on
the City's 2009 fee schedule, would result in a park dedication fee of$120,582.00, with a balance of
28.7 acres to be paid at time of recording. the final plat for the remaining lots.
The submitted site plans do not identify any trails or sidewalks, except for those walks located
between the buildings and parking lots. The City of Shako pee 2030 Comprehensive Plan identifies
a proposed trailway along Shenandoah Drive and County State Aid Highway 101. Scott County is
presently developing a plan for a trail corridor along County State Aid Highway 101 that would
incorporate connections of the existing trail along the Minnesota River. Although that plan is not
yet in the final design phase, it has been shared with the City that a trail will be constructed along
County State Aid Highway 101 in the future, and that a trail constructed along Shenandoah Drive
should be required, consistent with the 2030 Plan. If recommended by the Board, they shall provide
direction on design specifics (which side of Shenandoah, trail width, material) to staff to incorporate
into the draft resolution of this project.
STAFF RECOMMENDATION
Staff recommends that the EAC and PRAB recommend approval of the Conditional Use Permit,
and Preliminary and Final Plat, for Interstate Companies, Inc., subject to the following conditions:
1. Park dedication fees in the amount required by the City Code and adopted City fee schedule
shall be paid prior to the recording of the final plat of Lot 1, Block 1, Interstate Addition.
Park dedication payment for Outlot A, Interstate Addition (Lots 2, 3, 4 & 5 as identified in
~:;
the preliminary plat), shall be paid in an amount consistent with adopted fee schedule in
place at the time of final plat recording for those parcels.
2. The applicant shall submit a landscaping plan for all areas where clearing and grubbing are
approved, for review and approval by the City of Shakopee.
3. The applicant shall replace all trees that are to be cut down with the appropriate number and
species to be determined by City staff and the Woodland Management Ordinance.
4. The applicant shall provide six (6) inches of topsoil below areas to be sodded. The soil
composition should be similar to the MnDOT topsoil borrow requirements.
5. The applicant shall provide rain sensors for any irrigation system.
6. The applicant shall provide storm water computations for the proposed site to insure the
downstream system can accommodate the runoff.
7. The applicant shall provide inlet protection to the storm sewer catch basin consistent with
City standards.
8. The applicant shall implement the use of Best Management Practices for erosion control and
stormwater management during construction.
9. The applicant shall adhere to the NPDES Phase II permit requirements for erosion control
before, during, and after earth moving activities.
10. The applicant shall utilize the MPCA Protecting Water Quality in Urban Areas as a
technical reference for erosion control.
11. Silt fence and/or tree protection fence shall be installed prior to any site work and/or tree
removal, consistent with the City Code requirements. This fencing is to be removed
following establishment of vegetation as determined by an inspection by City staff.
12. The applicant shall comply with the City's Woodland and Tree Management Ordinance
requirements.
13. The applicant shall plant replacement trees hardy to Scott County climates. Recommended
tree species to utilize in this areaare:
a. Hackberry (Celtis occidentalis)
b. Northern Catalpa (Catalpa speciosa)
c. Bur oak . (Quercus macrocarpa)
d. White cedar (Thuja occidentalis)
e. Eastern white pine (pinus strobes)
14. The applicant shall mix tree species along Shenandoah Drive to prevent the impacts from
disease.
15. The applicant shall not plant trees and/or shrubs within five (S) feet of all property lines, nor
within any drainage and utility easements.
16. The applicant shall receive approval from the City prior to clearing and grubbing for
development of Lot 1, Block 1. Additionally, the applicant is approved to clear and grub on
Outlot A to accommodate utility installation, consistent with submitted plans.
17. The applicant shall design and development a trail along Shenandoah Drive, consistent with
City Code requirements.
ALTERNATIVES
1. Offer a motion to recommend to the City Council the approval of the Preliminary and Final
Plat of Interstate Addition, and a Conditional Use Permit for truck service and exterior
storage for Interstate Properties, with conditions as presented.
<b~
2. Offer a motion to recommend to the City Council the approval of the Preliminary and Final
Plat of Interstate Addition, and a Conditional Use Permit for truck service and exterior
storage for Interstate Properties, with revised conditions.
3. Offer a motion to recommend to the City Council the denial of the Preliminary and Final
Plat of Interstate Addition, and a Conditional Use Permit for truck service and exterior
storage for Interstate Properties.
4. Offer a motion to table a decision and request additional information from the applicant
and! or staff.
ACTIONREOUESTED
Offer a motion to recommend to the City Council the approval of the Preliminary and Final Plat of
Interstate Addition, and a Conditional Use Permit for truck service and exterior storage for
Interstate Properties, with conditions as presented. vv:~
Mark Noble
Planner II
h:\boaa-pc\2009\02-05\eac/prab Interstate 008067.docx
<6~
. DRAFT
t..COLP k.SoU..l not--l
RESOLUTION NO. 6462
A RESOLUTION OF THE CITY OF SHAKO PEE
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TRUCK
SALES/SERVICE FACILTY FOR I-STATE AT PROPERTY LOCATED NORTH OF
4TH A VENUE, EAST OF SARAZIN STREET AND WEST OF SHENANDOAH DRIVE
WHEREAS, the City of Shakopee received an application from I-State, LLC,
applicant, and Interstate Companies, Inc., property owner, for a Conditional Use Permit to a
allow truck sales/service facility in the Light Industry (I-I) Zone.
WHEREAS, the property for which the application was made is legally described as
follows:
All that part of the North One-Half of Section 5, Township 115, Range 22, Scott County,
Minnesota, lying south of the southerly right-ofway line of the Chicago, St. Paul,
Minneapolis and Omaha Railway Company as the same is now located and established over
and across said Section 5, and lying west of the centerline of Shenandoah Drive; Excepting
there from the following tract:
The West 1,234.91 feet as measured at right angles to the West line thereof, of that part of the
Northwest Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, lying
south of the southerly right-ofway line of the Chicago, St. Paul, Minneapolis and Omaha
Railway Company as the same is now located and established over and across said Section 5;
Excepting therefrom the South 639.08feet, as measured at right angles to the South line
thereof on said Northwest Quarter of Section 5.
WHEREAS, prorer public hearing notices were sent, published and posted, and on
March 23,2006, April6t , April 20th, May 4th, May 18th, and July 6,2006, a public hearing
was held on the requested Conditional Use Permit before the Shakopee Planning
Commission; and
H:\CC\2006\08-15\I-State CUP - Draft Report & Resolution PC06-029.doc 'l ~(p
DRAFT
WHEREAS, on July 17, 2006 and August 2, 2006, the CUP request was reviewed by
the Shakopee City Council.
NOW, THEREFORE BE IT RESOLVED BY CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that it adopts the following findings relative to the request
for Conditional Use Permit.
Finding #1 The proposed use of Lot 1 for truck sales and repair is permitted as a conditional
use under City Code Sec. 11.44. LIGHT INDUSTRY ZONE (I-l).Subd. 3.
Conditional Uses, specifically under the following;
A. vehicle"repair; and
B. retail sales of products manufactured, fabricated, assembled or
stored on site.
Finding #2 Even if the proposed use for truck sales and repair were not permitted under the
provisions identified in Finding # 1, the Council determines under City Code Sec.
11.44, Sub. 3. P., that the proposedtruck sales and repair facility is similar to
other uses permitted under said subdivision (most notably Item F commercial
vehicle rental facilities), and may be allowed with a conditional use permit.
Finding #3 The proposed truck sales and repair facility, developed and operated under the
proposed conditions, 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,
provided the conditions noted in the resolution are met.
Finding #4 The establishment of the truck sales and repair conditional use will not impede
the normal and orderly development and improvement of surrounding property
for uses allowed in the area, provided the conditions noted in the resolution are
met.
Finding #5 Adequate utilities, access roads, drainage, and other necessary facilities existto
serve the proposed use, provided the conditions noted in the resolution are met.
Finding #6 The use is consistent with the purposes of the Light Industry Zone, provided the
conditions noted in the resolution are met.
Finding #7 The proposed use is consistent with the purposes of the Comprehensive Plan,
which guides the subject property for industrial use.
Additional Findings Related to the Conditional Use Permit:
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;
a. The proposed site of the truck sales and repair facility is located on the
northern portion of the overall site, furthest from, and not adjacent to the
nearby residential areas,'
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b. The applicant's proposal will provide substantial screening, in that as a part
of the plat the applicant will provide berming and 6-8 foot conifers for
screening purposes along Fourth Avenue.
c. The applicant has submitted information that verifies that about 72% of
trucks that the proposed facility would service are likely tobe 2005 models or
newer, and thus, a significant number of them subject to new, even more
stringent pollution control regulations. The information submitted by the
applicantfurther indicates that almost all trucks that would be serviced
would be newer than 1998 models.
d. The applicant has submitted testimony that hours of operation would
generally be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through
'Friday. Test drives would be limited in number, take place during normal
hours of operation, and would generally take place on CR 101 rather than
Fourth Avenue. A skeleton staff would provide after hours emergency
service.
e. While concerns have been raised by a number of residents about possible
diminution of property value, no empirical data has been submitted that
would support that conclusion. Data outlined to the Council about current
values in the area varying based on proximity to the site is likely the result of
normal market forces taking account of different locational factors in the
area.
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;
a. The proposed truck sales and repair facility will not impede the development
of nearby residential areas, as those have already been developed and
constructed on.
b. Future use of the lots adjacent to Fourth Avenue will be subject to City
review to insure that they are compatible with adjacent uses.
Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have
been or will be provided;
a. The recent design and reconstruction of Fourth Avenue was undertaken with
the specific intent to provide a roadway that would meet the needs of already
existing industrial uses along Fourth Avenue and vacant industrially-zoned
sites, as well as the residential areas to the south, both in terms of total traffic
volumes and carrying capacity of the street itself.
b. The storm drainage system incorporated into the reconstruction of Fourth
Avenue was specifically sized for the eventual development of the
industrially-zoned sites on either side of Shenandoah Parkway.
c. Because the proposed truck sales and repair facility would have vehicle
access from Shenandoah Parkway, it should have little impact of traffic
volumes on Fourth Avenue.
1{
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Criteria #4 The use is consistent with the purposes of the zone in which the applicant
intends to locate the proposed use;
a. Because the proposed truck sales and repair facility is located a substantial
distance from the residential areas to the south; because it's access would be
primarily from CR 101 and Shenandoah Parkway; and because its general
hours of operation would be between 7:00 a.m. and 6:00 p.m., the use is
consistent with the purposes of the I-I Zone.
Criteria #5 The use is not in conflict with the Comprehensive Plan.
a. The use proposed for the site is consistent with the guided use.
BE IT FURTHER RESOLVED, that the Conditional Use Permit to allow a truck
sales/service facility in the Light Industry (I-I) Zone is approved subject to the following
conditions:
1. Any proposed fencing shall not exceed six (6) feet in height.
2. The site .shall be developed consistent with the submitted site plan, unless otherwise
noted in the following conditions.
3. The site shall be developed consistent with the conditions noted in the approved
Preliminary Plat resolution.
4. All applicable design and performance standards ofthe City Code shall be complied
with, especially those identified in Section 11.60 (Performance Standards) and Section
11.44 (Light Industry Zone).
5. Approval of this conditional use permit does not constitute approval of any signs.
Sign permits shall be required for all signs, and sign permit applications will be
reviewed for with City Code requirements at the time of application.
6. Shall sell only commercial trucks on-site; sale of trailers and buses are not permitted.
Any other products sold in conjunction with commercial trucks must be contained
within the principal structure.
7. Shall limit the area devoted to display and sale ofthe products related to the sale of
trucks to no more than 15% of the principal structure or 2,000 square feet within the
principal structure, whichever is less.
8. Outside storage or display will be limited to semi-tractors and other commercial trucks
that are offered for sale.
9. Shall not store any vehicles that are not offered for sale which are unlicensed for more
than seven (7) days and/or vehicles that are inoperative for more than seven (7) days.
10. Shall not be located on a lot or parcel of land within 200 feet of any residential zone.
11. Concrete perimeter curb and gutter shall be installed, with the design and materials
consistent with City's Design Criteria for concrete curb and gutter.
12. Screen 4th Avenue with a four (4) footberm, an eight (8) foot cedar fence, and
evergreen trees, both 8-10 foot tall (potted) and 15-20 foot tall (relocated), with the
landscape plan to be approved by the City of Shakopee Natural Resource Specialist.
13. Water run-off from serviced and/or washed vehicles shall be treated and disposed in
accordance with local, state and/or federal requirements.
14. Any development of the site shall comply with the regulations of the Migratory Bird
Treaty Act.
q;4
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15. Hours of operation truck sales and service shall be limited to 7 a.m. to 8 p.m., Monday
through Friday, and from 8 a.m. to 6 p.m., Saturdays. Truck sales and service
operations will be closed on Sunday. The applicant will be allowed to operate a
"skeleton" crew to handle emergency calls for towing to the facility after hours of
operation.
16. All used vehicles offered for resale must have current license and registration.
17. Overhead service doors shall remain closed both during and after hours of operation,
except to allow vehicles to enter and exit the service area.
18. No unattended idling of trucks in excess of 15 minutes shall be allowed outside the
maintenance building( s).
19. Blasting shall be conducted consistent with the City Code requirements or as specified
by the City Engineer (hours, charge size, etc.).
20. Air equipment shall only be used indoors.
Adopted by the Shakopee City Council on the day of ,2006.
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
PREP ARED BY:
City of Shakopee
129 South Holmes Street
Shakopee, MN 5537
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CERTIFICATION OF RESOLUTION NO. 6462
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. 6462, presented to and adopted by the City Council of the
City of Shakopee at a duly authorized meeting thereof held on the day of
, 2006, as shown by minutes of the meeting in my possession.
Dated this day of ,2006
Judith S. Cox, City Clerk
SEAL
Prepared by:
THE CITY OF SHAKOPEE
129 Holmes Street South
Shakopee,1fN 55379
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CITY OF SHAKO PEE
Memorandum
CASE NO.: 06-029
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Conditional Use Permit for Truck Sales/Service in the Light Industry
(I-I) Zone.
MEETING DATE: August 15,2006
REVIEW PERIOD: February 10, 2006 - June 9,2006 (Applicant granted a 90-day
extension, extending the review period to September 7,.2006)
INTRODUCTION:
I-State, LLC submitted an application for preliminary plat approval and for conditional use
permit (CUP) approval for a truck sales and service facility on one of the proposed lots.
Because the CUP application is closely related to a land use application requiring
consideration by both the Planning Commission and City Council (i.e. the preliminary plat
application), the City Council (not the Planning Commission) has the final decision on both
the plat and CUP requests. (See City Code Sec. 11.84, Subd. 1.A.)
DISCUSSION:
The applicant proposes to construct a 68,971 square foot truck sales/service facility in their
initial phase (Lot 1), with subsequent phases proposed to include a 20,000 square foot
corporate headquarters building and a 90,000 square foot power systems facility (sales facility
dedicated to large scale generator and motor applications). This CUP request pertains only
to the I-State Truck Center proposed for Lot 1.
On Monday, July 17, 2006 the Council convened a special meeting to take up both the
preliminary plat and CUP requests. At that time it took extensive testimony from residents of
the Pinewood Estates and Prairie Bend areas and their representative(s), as well as the
applicant's representatives. That evening, the Council acted to approve the preliminary plat,
but directed its members to submit possible conditions of approval of the CUP to City staff
for presentation at the Council's August 2,2006 meeting. Staff received a list of proposed
conditions from some of the Council members. The suggested conditions are set out in their
entirety below. The suggested conditions, along with other conditions that city staff had
drafted, were discussed with the city attorney, who suggested that some of the conditions
could not be included, and made recommendations regarding modifications to other
conditions. Those conditions that have been included in the draft resolution accompanying
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this report are bolded. For those conditions that were not included, staff has included a brief
explanation of why they were not included.
1. Limit hours of operation from 7 a.m. to 8 p.m., Monday through Friday; from 8
a.m. to 6 p.m., Saturdays; and closed on Sundays. (The condition included in the
draft resolution was modified to address the applicant's stated need to have
emergency overnight service on the site)
2. Screen 4th Avenue with a four (4) foot berm, an eight (8) foot cedar fence, and
evergreen trees, both 8-10 foot tall (potted) and 15-20 foot tall (relocated).
3. All used vehicles must have current license and registration.
4. Designated truck routes to NOT include 4th A venue, including signage directing truck
traffic to Shenandoah Avenue and Highway 101. (This condition was not included
because: a) 4th Avenue was specifically constructed to accommodate truck traffic, and
b) the Council can directly address this issue ifit wishes to by taking a separate action
to close 4th A venue to truck traffic.)
5. All noises from maintenance work shall be minimized to surrounding properties
by closed overhead service doors, except during the time that vehicles enter and
exit the service area. (This was modified in the draft resolution to try to make it more
enforceable.)
6. All storage must be screened to surrounding properties. (The intent of this condition
was not clear. If the intent of the condition was that all parking of trucks for sale on
the site must be screened, it would not appear to be practical. If the intent was to
screen refuse, building equipment and so on, that is a requirement of the zoning
regulations, and would not need to be re-stated as a condition.)
7. No jake brakes allowed in city limits, as per the current City Code. This condition was
not included because it is a restriction in the City Code, and its addition as a
condition of approval does not add anything further.)
8. No on-street parking. (On street parking adjacent to the site is prohibited, and the
proposed condition does not add additional force to that prohibition.)
9. Every exterior surface which has had a surface finish such as paint or stain applied
shall be maintained to avoid noticeable deterioration ofthe finish. No wall, fence or
other exterior surface shall have peeling, cracking, chipping or otherwise deteriorated
surface finish. (City Code Sec. 11.60, Subd. 4, A. addresses durability and
maintenance of materials. The proposed condition as written is vague as to when
enforcement would need to occur.)
10. The city of Shakopee reserves the right to amend and add conditions to the conditional
use permit should changes in uses or deviations beyond the application and CUP
process occur. (The condition was not included as the City has inherent authority in
this regard.)
11. No unattended idling of vehicles outside the maintenance building(s). (This condition
was modified to include a time limitation for idling so as to make it clear that the
intent was to address prolonged idling (which can be a significant nuisance) as
opposed to incidental idling.)
12. Boulevards shall be picked up and maintained to the curb of all trash. [City Code Sec.
7. 05 (relating to weeds, grass and trees) and Sec. 10.05 (relating to the deposit of
litter) already address this issue.)
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13. No truck air horn usage before 9 a.m. or after 5 p.m. (The concern relating to possible
noise appears to be adequately addressed in City Code Sec. 10.60. NOISE
ELIMINATION AND NOISE PREVENTION.)
14. Funeral processions and services shall not be interrupted with noise or truck traffic
from the site. (While there can be general agreement that all should be respectful of
funeral processions and services, there does not appear to be any evidence that the
proposed use has a greater proclivity for interference with them, and thus did not
appear to be an enforceable condition.)
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission reviewed the preliminary plat and Conditional Use Permit
application at its July 6,2006 meeting, and by a 6-0 vote, they recommended approval of the
this application, as presented. Specifically, the Commission discussed the proposed uses and
the written response from the City Attorney on this issue. The Planning Commission report
from the July 6, 2006 meeting has been previously provided to the Council for their
information.
ALTERNATIVES:
Conditional Use Permit Request:
1. Approve Resolution No. 6462, a resolution approving a conditional use permit for truck
sales/service, with findings of fact and conditions of approval as presented.
2. Approve Resolution No. 6462; a resolution approving a conditional use permit for truck
sales/service, with revised:fi.ndings. offact. and conditions . of'approval.
3. Offer and pass a motion directing staff to prepare a resolution of denial with appropriate
findings of fact for action at the next City Council meeting.
4. Table the matter, and request additional information from the applicant and/or staff.
VISIONING RELATIONSHIP:
Action on these requests relates to Goal D: " Vibrant, resilient and stable"
ACTION REQUESTED:
Based on the recommendation of the Planning Commission, and the previous direction by
Council, the Council is asked to consider approval of Resolution No. 6462, a resolution
approving a conditional use permit for a truck sales/service facility, with findings of fact and
conditions as presented or with revised findings of fact and conditions of approval as
determined by City Council.
Mark Noble, Planner II
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CITY OF SHAKO PEE
Memorandum
CASE NO.: 08-067
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner II
SUBJECT: Preliminary Plat of Interstate Addition and Conditional Use Permit for Truck
Service, Multiple Structures on One Lot, and Exterior Storage in the Light
Industry (1-1) Zone.
MEETING DATE: February 5, 2009
INTRODUCTION
At the January 8th Planning Commission meeting, the Commissioner's continued the public hearing
to February sth, and specifically asked for information to be frovided by staff and the applicant, and
asked that if the residential neighborhood located south of 4t A venue had suggestions for
conditions to be incorporated into the draft CUP resolution, that they provide that to staff for
inclusion in the report. Staff received information from the applicant that addressed a number of
questions raised by the Planning Commission at the January 3ra meeting, as well as questions raised
by staff. That information was included in the staff report/Commission packet that was distributed
to the Commission.
Staffhas received additional information from the applicant, specifically addressing concerns they
have with several of the draft CUP resolution. That information has been distributed to the
Commissioners this evening. It should be noted that several of the applicant's concerns pertain to
staff conditions that are specifically noted in the City Code (ex., conditions #8, 9, 11, & 21) as well
as conditions that staff felt were consistent with the applicant's submitted information (ex.,
conditions #20, 26 & 30). Regarding conditions no. 17,27 & 28, these are draft conditions that
staff felt were conditions from the 2006 project that were not objectionable.
Additionally, staff did receive today a letter and draft conditions from Ms. Karen Marty, legal
representative for some of the residents of Pinewood Estates and Prairie Bend. There is a
substantial amount of information that has been provided, and due to the information just being
received today, staffhas not had an opportunity to address the issues/concerns raised in this
information.
Based on the recent activity surrounding this application, staff presents the following
recommendations to the Commission for their action at the February S, 2009 meeting:
1. Forward a recommendation as presented by City staff without incorporating the recently
submitted information into the draft resolution.
2. Take testimony, review the submitted information from the applicant and the residential
neighborhood, modify, remove and/or add to the conditions of the draft resolution, and
forward a recommendation to the City Council. The Commission does not need to designate
~~
to which City Council meeting this item is forwarded. The next scheduled Council meetings
are February 1 ih and March 3rd.
3. Continue the Public Hearing, without taking testimony, or close the public hearing but table
their determination on this project to allow them and/or staff additional time to consider the
newly submitted material, and consider this item at their March S, 2009 meeting.
The Planning Commission should note that the review period for this project ends March 26, 2009.
Should the Commission continue the public hearing or table the item to. their March Sth meeting,
this would result in the City Council only getting one opportunity to review and take action on this
application (March 19th Council meeting). If they believe they will require a tabling or
continuation, they should request ofthe applicant at the February Sth meeting a need for an
extension of the review period; without that extension, staff recommends that the Commission take
some sort of action the evening of February Sth and forward that recommendation to the City
Council.
Mark Noble, Planner II
qlR
~.
/-t
,
~
R ri.T)' IF''''''' o 5 2009
February 3,2009 ~ i1 'd ltJJ
Mr. Mark Noble
City of Shakopee
129Holmes Street South
Shakopee, Minnesota 55379
Re: . Request for mod ification of Resolution No PC08-067
Dear Mr. Noble,
Yesterday afternoon we received the Staff Report and draft Resolution granting a Conditional Use Permit to
our client, Interstate Companies, Inc. Certain conditions contained within the Resolution seem to be carried
over from the application made in 2006 and are not relevant to the present development proposal.
The current proposal develops a parcel 565' from the nearest residential property line. The previous proposal
developed a site 140' from the residential line. These are very different condItions, and the new proposal
simply does not impact the residential area in a way that requires that conditions be imposed which may
severely limit the ability of Interstate to conduct its business and respond to changing conditions over time:
We note that if the subject parcel were not part of a larger outlot, the notification area would not have
included any residential properties, presumably because they would be beyond the area reasonably affected
by such a development. We respectfully request that certain conditions in the Resolution be modified or
eliminated in order to permit Interstate to move its business to the City of Shakopee. Specifically, we refer
to the following:
Condition #8 "Shall be screened from all public right of way and residentially zoned land with an opaque
fence, waf{ or berm not to exceed eight feet in height, constructed of new materials and maintained in good
condition. "
The development plan includes screening from the residential area to the south. It does not include complete
screening of truck and trailer parking areas from Shenandoah Drive to the east, orfrom 5TH 101 to the north.
We request that the condition be modified to eliminate the screening requirement from any non-residential
area.
Condition #9 "Shall have a maximum area equal to the combined footprint of the principal and accessory
buildings. "
It appears this condition refers to the area of outside storage allowed. The combined building area is 103,925
square feet. The outside storage areas dashed-in on our previous submittal totals 130,207 square feet. The
area of the designated trailer and truck parking stalls only, excluding maneuvering and traffic aisles, is
49,804 square feet. We request that the condition be modified to limit outside storage to the dashed areas
shown on the previously submitted plans, or eliminated.
Condition #1/ "Shall screen all storage areas associated with the vehiclerepair operation."
The condition would require screening of the entire truck and trailer parking area. Screening is provided
from the residential area to the south but is not planned from Hwy 101 or Shenandoah Drive. We request that
the condition be modified to include screening from residential areas only, or eliminated.
Pope Associates Inc. q~
1255 Energy Park Drive [ St. Paul, MN 55108-5118
Main (651) 642-9200 I Fax (651) 642-1101
www.popearch.com
/'
~
Mr. Mark Noble
February 3,2009
Page 2
Condition #17 'The developer and/or their assigns shall be responsible for any required or desired noise or
dust mitigation measures."
The language in the condition is too vague. It is not clear what quantity of noise or dust may require
mitigation, or what standard will be applied to determining "required or desired" levels. We request that the
condition be modified to tie it to specific ordinances, or eliminated. We note that Condition #5 already
requires compliance with City Code Section 10.60, Noise Elimination and Noise Prevention.
Condition #20 "Outside storage will be limited to semi tractors and trailers, consistent with the submitted
parking/storage plan."
Interstate will service busses and will require their storage before and after servicing. Secondly, on
occasions when generators are brought to the facility for servicing, they may be staged outdoors for brief
periods prior to and after repair. We ask that the condition be modified to include these uses.
Condition #21 "Shall not store any vehicles that are not offered for sale which are unlicensed for more than
seven (7) days, and/or vehicles that are inoperative for more than seven (7) days.
Information relative to repair and storage times has been previously submitted. While in the vast majority of
cases, 7 days of storage will be more than adequate, longer storage periods may be needed in some instances.
We ask that the condition be eliminated.
Condition #26 "Hours of operation shall be limited to 7 a.m. to /I p.m., Monday through Friday. The applicant
will be allowed to operate a "skeleton" crew to handle emergency calls for towing to the facility after hours
of operation."
Interstate's current and planned operation includes two shifts only. However, Interstate should have the
ability to modify its hours of operation or to add a third shift should business conditions require it.
Conformance with City Code Section 10.60, Noise Elimination and Noise Prevention, would apply to all shifts.
We request that the condition be eliminated.
Condition #27 "Overhead service doors shall remain closed both during and after hours of operation, except
to allow vehicles to enter and exit the service area.
During warm periods Interstate may wish to have overhead doors open for ventilation and natural light. It
should be allowed to do so provided it maintains conformance with City Code Section 10.60, Noise Elimination
and Noise Prevention. We request that the condition be eliminated.
Condition #28 "No unattended idling of trucks in excess of 15 minutes shall be aI/owed outside the buildings."
In cold conditions, Interstate will start and idle trucks prior to customer pick-up. Periods of operation may
exceed 15 minutes. We ask that the condition be eliminated.
Condition #30 "Air equipment/generators shall only be stored and used indoors. "
Generator repair will require occasional outside storage for brief periods prior to and following repair. Any
operation of generators outdoors (which is not planned) would still require compliance City Code Section
10.60, Noise Elimination and Noise Prevention. We ask that the condition be eliminated.
q~
.
. Mr. Mark Noble
February 3, 2009
Page 3
In conclusion, it is vita\ly important to Interstate's operation that the conditions noted above be modified or
eliminated. While the company seeks to move a significant portion of its operations to Shakopee, bringing
with it more than 100 highly skilled jobs, other alternatives do exist. Interstate accepts its responsibility to
operate under established ordinances and reasonable conditions. It cannot, however, constrict its ability to
operate effectively or to respond to changing business conditions going forward.
With that in mind we respectfully request that the changes noted above be considered prior to the Planning
Commission meeting of February 5, 2009. Interstate Companies representatives, United Properties
representatives, and Pope Associates representatives are available to answer questions or to provide any
additional information that may be required.
Sincerely,
POPE ASSOCIATES INC.
~~ - "
Paul Holmes LEED AP
Vice President
Principal
CC: Steve Irwin - Pope Associates
Dale Glowa - United Properties
Jeff Caswe\l- Interstate Companies LLC
~q
MARTY LAW FIRM, LLC
360 t Milmesota Drive Telephone: (952) 921.5859
Suile 800 e-mail: kmarty@ix.netcom.com
Bloomington, MN 55435 Fax: (651) 294-1026
February 5, 2009
Mark Noble
Planner n
City Hall
129 S. Holmes Street
Shakopee, MN 55379
Re: Case # 06029
Applicant: I-State, LLC
Dear Mr. Noble:
I-State has submitted an application for plat approval and a conditional use permit for
retail sales on land zoned 1-1. Specifically, they have stated that they intend to split one parcel
into five, and use three of the lots for:
"parts and service center for over-the-road long haul and short haul semi trucks","national
headquarters", and "offsite sales facility".
I-State's application should be denied for the following reasons:
1. Not a Permitted use. Land in the [-1 zone cannot be used for anything an applicant
suggests. Rather, the proposed use must fit within the list of permitted or conditional uses. City
Code ~ '11.44, Light Industry Zone (1-1), Subd. 2, Permitted Uses, specifies that "Within the light
industry zone, no structure or land shall be used except for one (1) or more of the following
[listed] uses". The ordinance lists 9 Permitted uses.
None of the proposed uses on lot 1 are among the listed Permitted or Conditional uses in
the 1-1 zone. No Permitted use in 1-1 includes sales of any kind, nor does any Permitted use
include servicing vehicles.
The proposed construction of a "national headquarters" presumably means an office
building. Office buildings are not a Permitted use in the 1-1 zone. Offices within a building
dedicated to a Permitted I-I use may be allowed, but not standing alone.
The proposed use of the lot for "off site sales" refers to the sales of products not being
produced at the site. This also is not a permitted use in the 1-1 zone.
,OD
2. Not a Conditional Use. City Code ~ 11.44, Subd. 3, Conditional Uses, specifies that
"Within the light industry zone, no structure or land shall be used for the following [listed] uses
except by conditional use permit". The ordinance lists 15 Conditional uses.
The only way to allow sales on Lot 1 is through a conditional use permit under 9 11.44,
Subd. 3.E for "retail sales of products manufactured, fabricated, assembled, or stored on site".
To obtain a conditional use permit for retail sales in the I-I zone, I-State must demonstrate that it
will comply with the standards set forth in City Code 9 11.88, Subd. 2.Y. These include the
requirements that I-State
- shall sell products only within the principal structure;
- shall limit the area devoted to display and sale of the products to no more than
15% of the principal structure or 2,000 square feet within the principal structure,
whichever is less; and
- shall have no outside storage or display.
City Code ~ 11.88, Subd. 2. Y .1, 2, and 4. I-State has not submitted an adequate floor plan or
description of its use on Lot 1 to prove that it can and will comply with these conditions.
Offices are not one of the uses allowed with a conditional use permit.
I-State has not submitted an application for a conditional use permit for retail sales, and
yet they refer to offsite sales. This use remains illegal until such time as all conditions are met
and a conditional use permit is granted.
3. Retail sales without an industrial use does not belong in I-I. The only retail sales
allowed in the I-I zone are of "products manufactured, fabricated, assembled, or stored on site".
I-State has asked the City to allow them to bring in goods and store them long enough to sell
them, claiming this fits within the conditional use. This interpretation goes too far.
Under the statutory interpretation principle of ejusdem generis. including a word in a list
means that the word is intended to have a meaning related to or fitting with the other words in the
list. In this case, the word "stored" should fit with the words ..manufactured", "fabricated", and
"assembled", Under this rule, "stored" must refer to an industrial use related to the creation of
goods.
Likewise, Minn. Stat. g 645.08(3) requires that a general word be interpreted in context,
and limited by any more restrictive words that precede it. U[G]eneral words are construed to be
restricted in their meaning by preceding particular words". This law requires that "stored" be
restricted to a meaning consistent with "manufacturing", "fabricated", and '.assembled".
When read in context, the conditional use permit language clearly contemplates the
classic "outlet" at a factoryt where overstock and imperfect goods are sold. I-State's proposed
-2-
to \
use is far more like a retail store such as Target than like a factory. I-State intends to bring in
goods and store them only until they are sold. They are not doing any industrial use on site; there
is no proposal to manufacture, fabricate, assemble, or warehouse semi trucks Of. semi truck parts
on Lot 1. Their proposed use does not fit the intent of the ordinance and should not be approved
in the 1-1 zone.
4. Semi truck sales and repair cannot meet the conditional use pennit standards. Under
City Code ~ 11.85, a conditional use permit cannot be granted unless the City determines that the
proposed use meets certain conditions. One of these requires consideration of the existing
neighborhood. Under ~ 11.85, Subd. 1.A, the City must find that
"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".
A residential neighborhood exists across 4th Avenue from the proposed I-State property. These
residents spoke at length in Spring 2006 about the injury they anticipate to their lives and
property. Their concerns include noise from the driving of semi trucks, shifting gears and
braking, diesel engines, refrigeration units in trucks, a 24/7 vehicle repair business, etc.; the air
pollution from imperfectly tuned diesel engines or old engines; the increase in truck traffic and
concomitant decrease in safety for other drivers and for pedestrians and children; the esthetic
concerns if this facility is as unsightly as others run by I-State in the Metro Area, including
possible outside storage of junk , and parts, and long term parking of vehicles needing repair.
These residents are a use "already permitted", and the continued use and enjoyment of their
property is threatened by the proposed I-State use. They request that all infonnation from the
case file from 2006 be pulled and placed on file of this current plat proposal.
Note that the proposed conditional use also must not substantially "diminish and impair
property values" in the existing neighborhood. The residents believe that the proposed I-State
facility, with the problems discussed above, will drastically reduce their property values. Several
of them have discussed moving out of the area. When they do place their homes up for sale, they
expect to lose potential buyers, because people will not want to live close to this kind of use.
Although changes in property value are difficult to quantify, it is commonly agreed that home
value is based on "location, location, location". Location near a semi truck sales and repair
facility, with its real or perceived problems, is a negative.
5. Semi truck sales belone in 1-2. The Zoning Ordinance does not list semi truck sales as
a Permitted or Conditional use in any zoning district. The most similar use is 4'retail sales of
heavy industrial, manufacturing, or construction machinery or equipment", which is a Permitted
use in the Heavy Industry (1-2) zone under City Code ~ 11.46, Subd. 2.G. As the Court noted in
NBZ Enterprises v. City of Shako pee, 489 N.W. 2d 531 (Minn. App. 1992), if the use is
identified for one zone, it belongs there, not in another zone where it is not mentioned. The 1-1
-3-
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zone does not mention sales of large vehicles. Sales of semi trucks and other large commercial
vehicles should be restricted to the 1-2 zone.
6. Repair of semi trucks. busses. and trailers belongs in 1-2. I-State expects to service or
repair some number in excess of25 trucks, busses, and trailers on Lot I each day. The 1-1 zone
does not allow vehicle repair, except as a conditional use.
Although the majority of work will occur during the regular business day, I-State has
indicated that it will have a night shift to tend to any business which arrives or is needed then.
This kind of around-the-clock business. with emphasis on semi trucks, is more like the activity of
a motor freight terminal than like any use permitted in the I-I zone. Motor freight tenninals are
pennitted in only the 1-2 zone, under City Code ~ 11.46. Subd. 2.A.
7. Outside parkine: ofsemi trucks. busses. and trailers belongs in 1-2. I-State will have 14
repair bays, but plans to work on twice that many trucks, busses, and trailers per day. It is
unrealistic to expect that each of these vehicles will arrive just in time for its repairs to be made.
and leave immediately thereafter. Consequently there will be significant outside parking of
trucks, busses, and trailers. Outside parking of these large vehicles is more similar to a
commercial vehicle rental facility or a motor freight terminal, than to any use permitted in the 1-1
zone. Commercial vehicle rental facilities are a Permitted use only in the 1-2 zone, under City
Code ~ 11.46, Subd. 2.D.
8. Since no lee:al use is orooosed. the plat mav be denied. The applicant has proposed
splitting 1-1 zoned land into 5 lots, with illegal and inappropriate uses proposed for those lots.
Since the land division is proposed solely in connection with this particular development. the
land division should not be approved.
The City also may want to consider its legal position. Courts give great deference to city
land use decisions. and will overturn such decisions only when there is no rational basis. for them.
Schwardt v. County ofWatonwan. 656 N.W. 2d 383 (Minn. 2003); SuperAmerica Group. Inc. v.
City of Little Canada. 539 N.W. 2d 264,266 (Minn. App. 1995). review denied (Minn. Jan. 5,
1996). When the City denies a conditional use permit application, it is not necessary that every
single reason be legally sufficient and supported by facts in the record. Hubbard Broadcasting,
Inc. v. City of Aflon,323 N.W. 2d 757 (Minn. 1982). Rather, a denial is fine so long as at least
one of the reasons given for the denial has a rational basis. St. Croix Dev., Inc. v. City of Apple
Valley, 446 N.W. 2d 392. 398 (Minn. App. 1989), review denied (Minn. Dec. 1, 1989). I-State,
as the applicant, must prove that none of the reasons for the denial are legitimate. Yang v.
County of Carver, 660 N.W. 2d 828 (Minn. App. 2003). I-State cannot do this, because. as
discussed above, the City has excellent legal and factual reasons to deny the conditional use
pennit application.
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(O?J
For these reasons, we respectfully urge the City to deny the application submitted by I~
State.
The neighbors recognize that the City may be tempted to approve the conditional use
permit application. If the City does that, I-State's proposed operations would have'a significant
impact on their lives, and if not adequately controlled, would seriously undermine the value of
their property and the quality of their lives. The neighborhood residents put careful thought into
these issues, and have generated . a minimum listing of conditions that they would expect I-State
to abide by during its use of the site. The residents respectfully request that the City require 1-
State to comply with the conditions set forth on the attached sheets.
Sincerely,
MZW FIRM. LLC
~ ,-
Karen E. M
Attorney at Law
cc: Jim Thomson, City Attorney
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Conditions for Interstate CompanieslI-State Truck Center's Conditional
Use Permit
February 5th~ 2009
Residents of Pinewood Estates and Prairie Bend, respectfully request the Shakopee Planning
Commission to review the following recommendations for conditions to be placed upon Interstate
CompanieslI-State Truck Center if they are granted a Conditional Use Permit to allow for multiple
structures on one lot, vehicle repair and outside storage of vehicles.
1. Proposed building layouts should be revised to require the two structures combined as one single
structure for lot one, as office buildings structures are not allowed in I-I zoning.
2. I-State Truck Center/Interstate Companies properties shall build a solid berm along south property
line of the development currently known as lot one (located east of Sarazin Street and West of
Shenandoah Drive). The berm will consist of an 8 foot opaque fence constructed of maintenance
free, white vinyl, placed nearest the building site; grassed earth, no less than10 feet in total height
with a gradual slope of no less than 15 feet along each side; and two rows of spaded spruce/white
pine tl'ees, no less than 15 feet in total height with a minimum trunk size of a 2 Vz feet, planted in a
staggered formation along the overall length of the south end of lot one. The natural earth berm
will be mowed; trees and sod will receive care for growth throughout the life of the Conditional
Use Permit, by a professional watering and care service as well as an installed irrigation system.
Any trees failing to survive shall be replaced by a tree of equal value / size.
3. I-State Tmck Center/Interstate Companies properties I-State Tmck Center/Interstate Companies
properties shall build a natural earth and tree berm along the north side of 4th avenue (located east
of Sarazin Street and West of Shenandoah Drive). The earth berm will be no less than 15 feet (in
total height) with a gradual slope of 15 feet along each side. The south side of the earth berm shall
have solid screening consisting of two rows spaded seedless Maple trees, staggered, no less than 10
feet in total height and a minimum tmnk size of 4 feet in diameter or spaded seedless Ash trees of
no less than 10-12 feet in total height and minimum tmnk size of a 3 feet, along with no less than
10 feet spaded spruce trees, will be planted along the overall length of the earth berm. All trees
will receive care for growth, by a professional watering and care service~ any trees failing to
survive shall be replaced by a tree of equal value. Sodded berm shall be mowed managed and
maintained throughout the life of the Conditional Use Permit.
4. I-State Truck Center/Interstate Companies shall provide a 70 foot deep outlot along 4th Avenue,
between Shenandoah and Sarazin. Existing vegetation will be scrubbed, leaving current "healthy"
trees, as detelmined by Woodland Management. SClUbbed vegetation will be replaced with trees
consistent with the berm located along the north side of 4th avenue; trees will consist of spaded
seedless Maple trees, no less than 10 feet in total height and a minimum trunk size of 4 feet in
diameter or spaded seedless Ash trees of no less than 10-12 feet in total height and minimum trunk
size of a 3 feet in diameter along with no less than 10 feet spaded spruce trees; trees will be
staggered 8 to 10 feet away from each other. This outlot is to remain undeveloped for the life of
the CUP, the life of proposed plat, and/or until which time the adjacent residential properties are
acquired and turned into undeveloped land.
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5. All areas not occupied by buildings, parking, or driveways shall be professionally landscaped and
covered with turf grass, native grasses or other perennial flowering plants, vines, mulch, shrubs or
trees. These areas are to be maintained in a manner consistent with current Shakopee ordinances.
6. I-State Truck Center/Interstate Companies shall provide professionally landscaped islands to all
areas not needed for vehicle maneuvering.
7. All landscaping must be properly installed and maintained. All plantings (trees, shrubs, plants, and
flowers) in appearance to fail to thrive must be replaced by a planting of equal or greater quality.
The Planning Department shall approve the final landscaping plan. The landscape plan shall
include a detailed planting schedule, specific planting details as well as indicate wood mulch sites
and a maintenance plan approved by the city.
8. Parking and loading facilities and all other areas upon which vehicles may be located shall be
screened to avoid headlights shining towards any residential properties.
9. Barbwire fence material is prohibited on designated property owned by I-State Truck
Center/Interstate Companies or any other entity.
10. I-State Truck Center/Interstate Companies shall not operate any service or repair between the hours
of 8:00 P.M. CST -7:00 A.M. CST, Monday through Friday. (Note that this 5 day work week
condition is consistent with the Project NalTative sent to Mark Noble, dated November 13, 2008,
from Dale Glowa of United Properties.) Citations will be issued if service or repair is observed or
reported to city staff; after issuance of two citations, the Conditional Use Permit will be pulled.
11. I-State Truck Center/Interstate Companies shall not operate any service or repair on weekends,
(Saturday and Sunday). Operations of all kinds will be closed on Thanksgiving, Christmas Eve,
Christmas Day, and Easter Holidays. Citations will be issued if service or repair is observed or
reported to city staff; after issuance of two citations, the Conditional Use Permit will be pulled.
12. I-State Truck Center/Interstate Companies shall have no sale of any form or type of equipment,
parts or material that take place on-site.
13. I-State Truck Center/Interstate Companies shall not conduct vehicle body work that includes
painting of any form or quantity on the site.
14. I-State Truck Center/Interstate Companies shall conduct all service and repair within an enclosed
structure (all service bay doors closed unless a vehicle is entering or exiting). Citations will be
issued if non-compliance is observed or reported; after issuance of two citations, the Conditional
Use Permit will be pulled. .
15. I-State Truck Center/Interstate Companies shall provide road signs at the corners of 4lh Avenue and
Shenandoah and Highway 101 and Shenandoah, indicating "Main Entrance". Road signs will be
situated so u'affic is directed away from 4lh Avenue to minimize impact upon residential properties.
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16. I-State Truck Center/Interstate Companies shall provide the city with no less than two road signs,
indicating "No Truck Traffic", along 4th A venue between Shenandoah Drive and Marschall Road.
17. I-State Truck Center/Interstate Companies shall have no outside signage display, of any form or
accessory structures of any form.
18. I-State Truck Center/Interstate Companies shall keep all outdoor garbage dumpsters screened from
visibility and concealed within an enclosed structure, that is built of permanent construction
material consistent with construction material of main building structure; enclosed structure will be
enclosed 2417 hours of the day. All excess storage of non-working truck components shall be
required to be stored within the facility.
19. All outside storage of refuse shall be enclosed on all four sides by screening compatible with the
principal structure not less than two feet higher than the refuse container. Refuse is considered any
object that is not an operable vehicle left in a location greater to calendar days.
20. Outside storage of vehicles is to be kept to a minimum of currently licensed vehicles that have an
approved work order and may not be left in the storage site greater than 10 calendar days. A
vehicle left in a storage location greater than 10 calendar days will be considered abandoned and
will be subject to removal by law enforcement.
21. Vehicles which are inoperative shall not be stored for more than seven days; beyond seven
calendar days, an inoperative vehicle will be subject for removal by law enforcement.
22. All outside areas for storage and movement of motorized vehicles shall be surfaced entirely with
asphalt or concrete or class five aggregate.
23. I-State Truck Center/Interstate Companies shall designate areas for snow storage and an acceptable
snow removal plan shall be presented and approved by the city.
24. I-State Truck Center/Interstate Companies shall provide a large interior exit/entrance driveway to
allow visibility between vehicles entering and exiting the propelty, passing vehicles, bicyclists, and
pedestrians.
25. Shall have no on street parking; trucks and vehicles are not allowed to be in a parked position along
the shoulder of Shenandoah Street or 4th Avenue.
26. Every exterior surface of any structure which has had a surface finish such as paint or stain applied
shall be maintained to avoid noticeable deterioration of the finish. No wall, fence or other exterior
surface shall have peeling, cracked, chipped or otherwise deteriorated surface finish. Any exterior
finish not maintained will be required to be updated within the quarterly reviews conducted.
27. The emission of smoke or particulate matter is prohibited where such emission is visible or can be
smelled beyond the property line. No, destruction of hazardous materials on the property can occur
through bum-off of the excess material through engine idling or through a bum off container.
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28. I~State Truck Center/Interstate Companies shall obtain a hazardous waste license from the
Environmental Health Department of Scott County.
29. The emission of odorous matter in such quantities as to be readily detectable beyond the
boundaries of the immediate site is prohibited. The company will be required to pelform testing to
ensure compliance to this requirement whereby they contract testing through a State authorized
representative.
30. I-State Truck Center/Interstate Companies will disclose environmental documentation stating their
need or reason without need to pull an Air Emission Permit with the Minnesota Environmental
Protection Agency.
31. Any use creating periodic earthshaking vibrations shall be prohibited, if such vibrations are
perceptible beyond the boundaries of the immediate site.
32. I-,State Truck Center/Interstate Companies shall provide a traffic analysis prepared by a
professional engineer, approved by the city, showing the following:
. Existing traffic volumes on affected streets;
. Anticipated traffic volumes on affected streets;
. Anticipated generation of test drive trips;
. Morning and afternoon peak hour traffic volumes at all driveways into the site;
. Recommended traffic management actions, including truck routing;
33. Vehicle "test" routes shall be specifically identified in writing, approved by the Shakopee Planning
Commissioner and Shakopee City Council. Once approved, the vehicle test drives will be
conducted only on the specifically identified route. All parties performing a test will be
accompanied by a representative of I-State or its affiliates. I-State Truck Center/Interstate
Companies will be cited for vehicle test drives not conducted on the specifically identified and
approved route that is observed or reported to city staff; after receiving no more than two citations,
I-State Truck Center/Interstate Companies will be fined.
34. Property values will be guaranteed (in writing) as such that the property values will stay even with
other comparable properties in Shakopee of similar lot size, with homes of similar finished square
footage and/or total square feet, as well as year built.
35. I-State Truck Centerl Interstate Companies, nor other entity shall not repair or service more than
3% of vehicles from model year 2000 or older given each calendar year.
36. The I-State Tmck Center/Interstate Companies nor other entity shall have no more than two
vehicles or equipment idling for more than 15 minutes. No vehicle / equipment is to be left
mnning unattended at any time on facility grounds. Unattended vehicles / equipment left idling
will be considered abandoned and will be subject to removal by law enforcement.
37. To ensure compliance with the Conditional Use Permit's (CUP) granted to I-State TlUck
Center/Interstate Companies, during the time which a CUP is required, a representative of I-State
TlUCk Center/Interstate Companies, the City of Shakopee, and a Board Member of the Pinewood
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Homeowners Association will meet once a qUal'ter, for each of the next 10 calendar years, at the 1-
State/Interstate Companies Facility and walk through all current CUP conditions to verify
compliance to the CUP's issued. Any non-compliance issued found during these quarterly reviews
will need to be rectified prior to the next quarterly review, and if found out of compliance the next
quarterly review will immediately be brought in front of the City Council to be addressed to have
the CUP pulled from the company. Following compliance of the CUP of no less than ten years,
there shall be an annual review of this permit of each year I-State Truck Center/Interstate
Companies or other entity that reside on the proposed property.
38. I-State Truck Center/Interstate Companies and United Properties will guarantee provision of
employment opportunities to taxpaying citizens of Shakopee for full time work positions in the
areas of management, administration, and mechanical; within three years of the date that I-State
Truck Center/Interstate Companies opens for business, 40% of total company employees will be
qualified and skilled Shakopee residents.
39. Through a cooperative training program, I-State Truck Center/Interstate Companies will guarantee
provision to no less than ten part-time or full time office or mechanical work positions to Shakopee
resident youths of age 15 to 18 years.
40. All parties involved in the development site of I-State Truck Center/Interstate Companies shall be
provided insurance that will totally protect all home owners located within a radius of 5000 feet of
the construction site. The insurance shall cover/protect against any and all damage to their
properties (including but not limited to sheet rock, foundation, masonry, windows, landscape,
existing forestation, etc.) caused by the construction, demolition, and/or excavation of any and all
dirt, gravel, bedrock, etc. from the construction zone and/or construction project.
41. I-State and it's facilities will observe funeral proceeding in a respectful manner as not to disturb the
ceremony by excess noise (less than 10 decibels), working conditions (bay doors opening and
closing) andlor truck traffic while any and all ceremonies are in progress.
42. I-State Tl1lck Center I Interstate Companies will not use any type of promotional advertisement that
extends beyond twenty feet high. Examples include but are not limited to spot lighting, air
balloons, etc.
43. I-State Tl1lck Center I Interstate Companies or future property owners will not have plat developed
with any structural portion of any building development at an elevation greater than the closest
residential properties, thereby dwarfing the surrounding properties.
44. The applicant shall submit a plan illustrating anticipated site development for remaining properties,
or such property can not be developed by applicant or affiliates of the applicant for 10 years.
45. I-State will repair and replace any damaged property occurring from tractor traffic occurring on the
residential property for any traffic that is directed to their facility.
46. The city of Shakopee reserves the right to amend and add conditions to the conditional uses as
amenities are added or modified in any way.
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 08-067
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner II
SUBJECT: Preliminary Plat of Interstate Addition and Conditional Use Permit for Truck
Service, Multiple Structures on One Lot, and Exterior Storage in the Light
Industry (1-1) Zone.
MEETING DATE: March 5, 2009
REVIEW PERIOD: November 27,2008 - April 25, 2009 (applicant provided 1 month extension)
INTRODUCTION
Pope Associates, Inc., on behalf of Interstate Companies, have submitted an application for
Preliminary Plat, Final Plat, and Conditional Use Permit approval of property located north of 4th
A venue East, west of Shenandoah Drive, and south of CSAH 101. The applicant is .proposing to
preliminary plat five (5) industrial lots, ranging from 5.47 acres to 17.436 acres in size, with a Final
Plat of Lot I only at this time (disturbed area to be approx. 23 acres of the 51 acres) The applicant is
proposing to construct a truck service facility on the property, with exterior storage of trucks and
trailers, and multiple structures on one parcel, all which require approval of a Conditional Use
Permit (CUP). An additional element of their business is the selling and servicing of generators,
with most service repair being conducted at the customer's site.
The proposed buildings consist of a 21,000 square foot office building (with 83 parking spaces and
constructed of brick, architectural block and glass) and an 86,000 square foot office/ warehouse/
vehicle shop building (24 ft. height, precast panel construction materials, 19 service bays orientated
to the east and west - if approved, the precast panel structure materials must comp~y with the City
Code performance standards).
The Commission heard testimony on this item at their January 8th and February 5th meetings, and
continued the public hearing to the March 5th meeting to allow them and staff additional time to
address the questions and information provided by the applicant and the residents. This
continuation was approved only after the applicant stated that they would provide a 30 day
extension to the review period for this project.
Prior to or at the February 5th meeting, the applicant and residents provided information that was
discussed at that meeting; staff is providing that information with this report for the Commissioner's
information; Additionally, since that meeting, staff has received a number of documents that are
being included with this p~cket. This information includes:
1. A CD of the information that was introduced into the public record at the February.5th
meeting.
2. Letters from the applicantwhich provide responses to:
/10
a. Questions raised at the public hearings;
b. Questions raised by Ms. Karen Marty's February 5, 2009 letter regarding the
proposed use of the Interstate Companies property; and
c. The list of suggested conditions submitted by the residents.
Staff has reviewed the information submitted by the applicant and residents, and have the following
comments:
A. Regarding the February 3, 2009 letter from Mr. Paul Holmes with Pope Associates, staff
have commented that pertaining to their concerns about conditions #8,9, and 11 of the draft
CUP resolution, staff belief that there does not appear to be a reason for modification to
these conditions, as they are generally consistent with City Code Section 11.60 requirements
and/or the record does not demonstrate a need for and the reasonableness of the requests.
Staff agreed to a slight modification to draft condition # 17 (see underline for new language
of draft resolution and strike thru for deleted language), felt that modifications to draft
conditions #20 & #26 would require specific information (time and location for the uses
referenced in condition #20 and specific employee staffing levels for the third shift), and that
there did not appear to be a basis for modifying conditions #21, #27, #28 and #30.
B. Regarding the February 5,2009 letter from Ms. Karen Marty, city staff have provided a copy
of the Memorandum prepared by the City Attorney in 2006 that addressed the proposed use
of the property by Interstate Properties.
C. Regarding the list of suggested conditions from the residents of Pine wood Estates and
Prairie Bend (dated February 5, 2009), staff noted that conditions #1, #2 and #3 have been
incorporated into the draft CUP resolution, although staff s recommendation regarding the
berm heights and proposed sizes and species of the trees were substantially scaled back to a
height and size, respectively, consistent with standard guidelines utilized by the city in
similar situations. Staff believe that suggested conditions #5, #6, #7 and #8 have all been
adequately addressed in the draft CUP resolution, as have suggested conditions #10, #11,
#14,#15,#18,#19,#20,#21,#22,#24,#25,#27,#28,#29,#30,#36,#40,#42,.. As
for the balance of suggested conditions (outside of # 13, which has been incorporated into the
draft CUP resolution), staff did not believe that they were either supported by evidence on
the record, that they were not responsive to the proposed uses, that they were unclear as to
what the intent of the required action is, or they could result in a claim against the city that
could be costly to the city and its residents (for example, #4).
D. Regarding a number of comments raised by the applicant in the February 16, 2009 letter by
Mr. Dale Glowa, concerning the operation of Shakopee Public Utilities (SPUC), a business
that is located directly west ofthe proposed Interstate facility, staff notes that after
substantial discussions and modifications with City staff, SPUC received approval of a CUP
in 2002, with several conditions of approval. SPUC is a public utility provider which serves
a broad public purpose, and although they do not have employees dedicated to the service
center facility in evenings/overnight, they do have crews that are available to respond to
emergency situations 24 hours a day/seven days a week. Additionally, the SPUC site is
slightly more distant from the Pinewood Estates development.
E. Lastly, regarding the February 20, 2009 letter from Mr. Dale Glowa, in particular the
response to comment #6, staffhas incorporated conditions into the draft CUP resolutionartd
preliminary plat that we feel adequately address the issue. If the applicant and/or their
contractor believe that conducting surveys of each home within 500 feet of the blasting area
is satisfactory, and the Commission agrees with this distance, staff can modify the draft \\\
~
conditions to include the requirement for conducting surveys of properties within a 500 foot
diameter of the blasting area.
The Planning Commission should note that the review period for this project has been extended to
April 25, 2009. However, should the Commission continue the public hearing or table the item to
their April 9th meeting, this would result in the City Council only getting one opportunity to review
and take action on this application (April 21 st Council meeting). Ifthey believe they will require an
additional tabling or continuation, they should discuss with the applicant the need for an additional
extension of the review period; without that extension, staff recommends that the Commission take
some sort of action the evening of March 5th and forward that recommendation to the City Council.
CONDITIONAL USE PERMIT:
City Code Sect. 11.88, Subd. 2. F. (developments containing more than one principal structure per
lot), Subd. 2. G. (exterior storage) and Subd. 2. BB. (vehicle repair) provide the following standards
for the requested uses:
1. Shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the
development as a whole and for the individual buildings and structures within the
development.
2. Shall consist of structures that are owned, maintained, and operated under unified control in
accordance with a plan which contains provisions providing for the enforcement thereof.
3. Shall be screened from all public right-of-way and residentially zoned land, with an opaque
fence, wall or berm not to exceed eight feet in height, constructed of new materials, and
maintained in good condition.
4. Shall have a maximum area equal to the combined footprint of the principal and accessory
buildings.
5. Shall not be located closer than 300 feet to any residential zone.
6. Shall be surfaced entirely with asphalt, concrete, or class five (5) aggregate.
7. Shall not store any vehicles which are unlicensed or inoperative for more than seven (7)
days.
8. Shall screen all storage areas.
9. Shall not be located on a lot or parcel of land within 200 feet of any residential zone.
The applicant's proposal includes vehicle service of tractors and trailers, two buildings (an
independent office building) on one (1) lot, and exterior storage of tractors/trailers/equipment, along
with the sales/service of generators. This business activity would appear to comply with the
specific conditions that are identified above, except for the office building. Specific design and
performance standards shall be reviewed at time of building permit, if this request is approved.
That would include a review of the building materials, landscaping, parking lot (and curbing)
design, trash and rooftop screening requirements, and other criteria (including lighting, noise, and
odor regulations) as specified in the City Code.
Several city departments and outside agencies have provided memorandums 'Yhich note
comments/conditions as a result of their review of the project. The conditions noted in the
memorandums have been incorporated into the conditions recommended for inclusion in the plat
resolution, as well as included in the draft CUP resolution.
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FINDINGS
The criteria required for the granting of conditional use permits (per City Code Section 11.85, Subd.
1) are listed below.
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 Council finds that 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, if conducted in
accordance with proposed conditions..
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 Council finds that the establishment of the conditional use will not impede the
normal and orderly development and improvement of surrounding property for uses
allowed in the area, provided the conditions noted in the resolution are met.
Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have been
or will be provided;
Finding #3 The Council finds that adequate utilities, access roads, drainage, and other necessary
facilities have been or will be provided for the site, provided the conditions noted in the
resolution are met.
Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends
to locate the proposed use;
Finding #4 The Council finds that the use is consistent with the purposes of the Light Industry
Zone, provided the conditions noted in the resolution are met.
Criteria #5 The use is not in conflict with the Comprehensive Plan.
Finding #5 The Council finds that the proposed use is consistent with the purposes of the
Comprehensive Plan, which guides the subject property for industrial use.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Resolution No. PC08-
067, a resolution approving a Conditional Use Permit for a truck service facility, exterior storage of
trucks and trailers, and multiple structures on one parcel, with conditions as presented; and
recommend to the City Council the approval of the Preliminary Plat of Interstate Addition, subject
to the following conditions:
I. The following procedural actions must be completed prior to the recording of the
Final Plat:
A. Approval of title by the City Attorney.
B. Execution of a Developer's Agreement, which shall include provisions for
security for public improvements within the Final Plat and the engineering
review fees.
C. Payments of Trunk Sanitary Sewer Charges shall be made, as required by the
most current City of Shakopee Fee Schedule. \\'?
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D. Payments of Trunk Storm Water Charges and Trunk Storm Water Storage and
Treatment Charges shall be made, as required by the most current City of
Shakopee Fee Schedule.
E. Provide electronic files (AutoCAD and Adobe Acrobat formats) of the Final Plat
to be recorded with datum on the Scott County coordinate system.
F. The applicant shall submit a drawing clearly showing how the entire site, in a
fully developed condition, will be served by private utilities.
G. Street lighting shall be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
H. Electrical system shall be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
1. Water system shall be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
J. The applicant shall obtain an NPDES permit prior to any land disturbing activity.
A copy of this permit shall be forwarded to the City. The applicant shall adhere
to all NPDES Phase II permit requirements for erosion control before, during,
and after earth moving activities.
K. Park dedication fees in the amount required by the City Code and adopted City
fee schedule shall be paid prior to the recording of the final plat of Lot 1, Block
1, Interstate Addition. Park dedication payment for Outlot A, Interstate Addition
(Lots 2, 3, 4 & 5 as identified in the preliminary plat), shall be paid in an amount
consistent with the City of Shakopee adopted fee schedule in place at the time of
final plat recording for those parcels.
L. The applicant has yet to receive final approval ofthe site's storm water
management plan. Please see the attached memo from Todd Hubmer and Ted
Witkowski of WSB & Associates, Inc. dated December 31, 2008, which outlines
the items that need to be addressed in order to approve the plan.
M. Easements need to be shown on the Preliminary and the Final Plat as approved
by the City Engineer. They shall include, but not be limited to, the following:
. Minimum drainage and utility easements for public sanitary sewer and public
storm sewer need to 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.
. Provide adequate drainage and utility easements to encompass the approved
high water levels for all storm water basins (temporary and permanent).
. For the proposed storm sewer from FES#3 to STMH#4 to FES#5, provide a
minimum of twenty (20) feet of drainage and utility easement, centered along
the utility alignment.
. For the proposed storm sewer from FES#6 to STMH#7 to FES#8, provide a
minimum of twenty (20) feet of drainage and utility easement, centered along
the utility alignment.
. For the proposed storm sewer fromFES#9 to STMH#10 to FES#l1, provide
a minimum of twenty (20) feet of drainage and utility easement, centered
along the utility alignment.
. For the proposed storm sewer from FES#12 to Stand Pipe#13, provide a
minimum of thirty-seven (37) feet of drainage and utility easement, centered . '1
along the utility alignment. \ \
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. Provide a minimum of ten (l0) feet of drainage and utility easement at the
base/toe of the proposed berms within Outlot A.
. Provide adequate drainage and utility easements to encompass the entire
emergency overflow route from the temporary storm water basin located in
Outlot A to the site's ultimate emergency overflow.
. Provide a minimum of ten (10) feet of drainage and utility easement along the
interior of Outlot A.
. For the proposed sanitary sewer from SSMH#5 to the existing eight (8) inch
stub, provide a minimum of twenty-eight (28) feet of drainage and utility
easement, centered along the utility alignment.
. Drainage and utility easements from SSMH#5 to SSMH#6 to SSMH#7 to
SSMH#8 are not required as this is a private service.
II. Following approval and recording of the final plat, the following conditions shall
apply:
A. The applicant shall provide six (6) inches of topsoil below areas to be sodded.
The soil composition should be similar to the MnDOT topsoil borrow
requirements.
B. The applicant shall provide rain sensors for any irrigation system.
C. The applicant shall provide storm water computations for the proposed site to
insure the downstream system can accommodate the runoff.
D. The applicant shall provide inlet protection to the storm sewer catch basin
consistent with City standards.
E. The applicant shall implement the use of Best Management Practices for erosion
control and stormwater management during construction.
F. The applicant shall utilize the MPCA Protecting Water Quality in Urban Areas as
a technical reference for erosion control.
G. The applicant shall plant replacement trees hardy to Scott County climates.
Recommended tree species to utilize in this area are:
a. Hackberry (Celtis occidentalis)
b. Northern Catalpa (Catalpa speciosa)
c. Bur oak (Quercus macrocarpa)
d. White cedar (Thuja occidentalis)
e. Eastern white pine (Pinus strobes)
H. The applicant shall submit a landscaping plan for all areas where clearing and
grubbing are approved, for review and approval by the City of Shakopee.
1. The applicant shall replace all trees that are to be cut down with the appropriate
number and species to be determined by City staff and the Woodland and Tree
Management Ordinance.
J. Silt fence and/or tree protection fence shall be installed prior to any site work
and/or tree removal, consistent with the City Code requirements. This fencing is
to be removed following establishment of vegetation as determined by an
inspection by City staff.
K. The applicant shall comply with the City's Woodland and Tree Management
Ordinance requirements.
L. The applicant shall mix tree species along Shenandoah Drive to prevent the
impacts from disease. \\5"
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M. The applicant shall not plant trees and/or shrubs within five (5) feet of all
property lines, nor within any drainage and utility easements.
N. The applicant shall receive approval from the City prior to clearing and grubbing
for development of Lot 1, Block 1. Additionally, the applicant is approved to
clear and grub on Outlot A to accommodate utility installation, consistent with
submitted plans.
O. The applicant shall design and development a trail along the west side of
Shenandoah Drive, consistent with City Code requirements.
P. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
Q. The developer and/or their assigns shall be responsible for any required or
desired noise or dust mitigation measures.
R. The applicant shall meet the screening and landscaping ordinance requirements
of the City Code.
S. Any impact this development has, as far as adjusting or relocating existing
facilities, is subject to reimbursement to Time Warner Cable applicable costs of
relocation/adjustment and subject to scheduling of work requested.
T. The Planning Commission shall review and study the safest and most feasible
location for the construction of a trail along Shenandoah Drive to accommodate
future trail connections, and should they select the west side of Shenandoah
Drive, the developer shall construct the trail consistent with City Code
requirements.
III. Following approval and recording of the final plat, the following conditions
need to be addressed/completed prior to approval of a grading permit and/or a
street and utility plan:
A. No public improvements (site grading and street and utility) will be constructed
until the City Engineer and the Shakopee Public Utilities Commission (SPUC)
approves the required Final Construction Plans and Specifications.
B. The applicant will grade the entire site, as proposed on the submitted plans, in
one phase within one year from the date of approval of the grading permit
application. Grading will be defined as bringing the site up to the proposed
finished grade with materials deemed acceptable by the City of Shakopee
Engineering Department, providing topsoil per City requirements and applying
seed, mulch and/or sod per City requirements and providing an as-built grading
plan per Section 2.5 of the City of Shakopee Design Criteria.
C. The applicant needs to denote the installation of two (2) feet of an impermeable
clay liner below the approved normal waterlevel to the bottom of all storm water
basins.
D. The applicant needs to denote a top of berm width of a minimum of eight (8) feet
over the public sanitary sewer within Outlot A.
E. The applicant needs to remove all proposed landscaping from within drainage
and utility easements per the most recent version of the City of Shakopee
Easement Fencing and Landscaping Policy. Areas that are not in compliance
include, but are not limited to, the following:
a. Drainage and utility easements encompassing the approved high water
levels of all storm water basins.
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b. Drainage and utility easements encompassing the emergency overflow
route from the temporary storm water basin in located Outlot A.
c. The drainage and utility easement centered on the storm sewer alignment
fromFES#2 to STMH#l to the existing eighteen (18) inch corrugated metal
pIpe.
d. The drainage and utility easement centered on the storm sewer alignment
from FES#3 to STMH#4 to FES#5.
e. The drainage and utility easement centered on the storm sewer alignment
from FES#6 to STMH#7 to FES#8.
f. The drainage and utility easement centered on the storm sewer alignment
from FES#9 to STMH#lO to FES#l1.
g. The drainage and utility easement centered on the storm sewer alignment
from FES#12 to Stand Pipe#13.
F. The applicant shall work with the City of Shakopee to raise all portions of the
proposed retaining walls above the approved high water levels in all storm water
basins.
G. The applicant shall work with the City of Shakopee to remove all proposed
retaining walls from within drainage and utility easements containing public
storm sewer pipe.
H. At all proposed parking lot curb cuts draining to storm water basins, the applicant
shall provide a catch basin in the parking lot leading to a flared end section at the
approved normal water level. The storm sewer pipe needs to be reinforced
concrete.
1. The applicant shall provide a defined outlet (piped or overland) from the
temporary storm water basin along 4th Avenue to Stand Pipe#13.
J. STMH#l, STMH#4, STMH#7 and STMH#10 need to be replaced with pond
skimmer structures per the City of Shakopee General Specifications and Standard
Detail Plates for Street and Utility Construction (Detail Number 4012).
K. The applicant shall work with the City. of Shakopee to provide adequate cover
over the top of the proposed public sanitary sewer within Outlot A.
L. The applicant has yet to receive approval of the site's storm water management
plan. Please see the attached memo from Todd Hubmer and Ted Witkowski of
WSB & Associates, Inc. dated December 31, 2008, which outlines the items that
need to be addressed in order to approve the plan.
IV. Following approval and recording of the final plat, the following conditions
need to be addressed/completed prior to issuance of a building permit:
A. Recorded plans need to be provided per the City of Shakopee Design Criteria,
Section 2.5 and Section 11.2 (A-L).The recorded plans need to be submitted to
the City of Shakopee Engineering Department.
B. The applicant shall provide staff information pertaining to any proposed blasting
activities. This information shall include:
1. Proof of insurance coverage for damage to neighboring properties.
2. How they intend to monitor vibrations caused by blasting activity in the
vicinity of the residences.
3. Video tapes of the exterior and interior of residences prior to commencing
with blasting activities in order to confirm existing conditions.
,\1'
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VISIONING RELATIONSHIP
This action supports:
Goal D: "Vibrant, resilient and stable"
ALTERNATIVES
1. Offer a motion to recommend to the City Council the approval of Resolution No. PC08-
067, a Resolution approving a Conditional Use Permit for truck service, exterior storage
and multiple structures on one lot, with conditions as presented.
2. Offer a motion to recommend to the City Councilthe approval of Resolution No. PC08-
067, a Resolution approving a Conditional Use Permit for truck service, exterior storage
and multiple structures on one lot, with revised conditions.
3. Offer a motion to recommend to the City Council the denial ofthe Conditional Use
Permit for truck service, exterior storage and multiple structures on one lot, and direct
staff to prepare a resolution with findings as proposed by the Board.
4. Offer a motion to recommend to the City Council the approval of the Preliminary Plat,
subject to the conditions as presented by staff.
5. Offer a motion to recommend to the City Council the approval of the Preliminary Plat,
subject to revised conditions.
6. Offer a motion to recommend denial to the City Council of the Preliminary Plat.
7. Offer a motion to continue the public hearing to request additional information from the
applicant.
8. Offer a motion to table a decision and request additional information from the applicant
and! or staff.
ACTION REQUESTED
Offer a motion to recommend to the City Council the approval of Resolution No. PC08-067, a
Resolution approving a Conditional Use Permit for truck service, exterior storage and multiple
structures on one lot, with findings of fact and conditions as presented or with revised findings of
fact and conditions of approval as determined by the City Council; and offer a motion to
recommend to the City Council the approval of the Preliminary Plat, subject to the conditions as
presented or with revised conditions.
Mark Noble, Planner II
g:\boaa-pc\2009\03-05\PP _CUP _Interstate08067.doc
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RESOLUTION NO. PC08-067
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW TRUCK SERVICE, EXTERIOR STORAGE,
AND MULTIPLE STRUCTURES ON ONE LOT AT PROPERTY LOCATED NORTH OF
4TH A VENUE, EAST OF SARAZIN STREET AND WEST OF SHENANDOAH DRIVE
WHEREAS, the City of Shakopee received an application from I-State, LLC, applicant, and
Interstate Companies, Inc., property owner, for a Conditional Use Permit to allow truck service,
. exterior storage and multiple structures on one lot in the Light Industry (I-I) Zone.
WHEREAS, the property for which the application was made is legally described as
follows:
All that part of the North One-Half of Section 5, Township 115, Range 22, Scott County, Minnesota,
lying south of the southerly right-ol-way line of the Chicago, St. Paul, Minneapolis and Omaha
Railway Company as the same is now located and established over and across said Section 5, and
lying west of the centerline of Shenandoah Drive; Excepting there from the following tract:
The West 1,234.91 feet as measured at right angles to the West line thereof of that part of the
Northwest Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, lying south of
the southerly right-ol-way line of the Chicago, St. Paul, Minneapolis and Omaha Railway Company
as the same is now located and established over and across said Section 5; Excepting there from the
South 639.08 feet, as measured at right angles to the South line thereof on said Northwest Quarter
of Section 5.
WHEREAS, notice was provided and on January 8, 2009, February 5, 2009, and March 5,
2009, the Planning Commission conducted a public hearing regarding this application, at which it
heard from the Community Development Director and invited members of the public to comment.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the Council hereby adopts the following findings relative to the request for Conditional Use
Permit:
Finding #1: The Council finds that 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, if conducted in
accordance with proposed conditions.
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Finding #2: The Council fmds that the establishment of the conditional use will not impede the
normal and orderly development and improvement of surrounding property for uses
allowed in the area, provided the conditions noted in the resolution are met.
Finding#3: The Council finds that adequate utilities, access, drainage and other necessary
facilities have been or will be provided for the site, provided the conditions noted in
the resolution are met.
Finding #4 The Council finds that the use is consistent with the purposes of the Light Industry
Zone, provided the conditions noted in the resolution are met.
Finding #5 The Council finds that the proposed use is consistent with the purposes of the
Comprehensive Plan, which guides the subject property for industrial use.
BE IT FURTHER RESOLVED, that the application for Conditional Use Permit to allow
truck service, exterior storage, and multiple structures on one lot is hereby GRANTED, subject to
the following conditions:
1. The site shall be developed consistent with the submitted site plan for the truck service and
exterior storage facility, unless otherwise noted in the following conditions.
2. The site shall be developed consistent with the conditions noted in the approved Preliminary
Plat resolution.
3. Construction of the office building shall not occur until such time that: 1) a Text
Amendment that allows office buildings as a permitted use of the I-I Zone is approved; 2)
the use of the building is consistent with the I-I permitted uses; or 3) the proposed building
is redesigned and incorporated into the repair facility building.
4. All applicable design and performance standards of the City Code shall be complied with,
especially those identified in Section 11.60 (Performance Standards) and Section 11.44
(Light Industry Zone).
5. The development shall comply with City Code Section 10.53 Public Nuisance and Section
10.60, Noise Elimination and Noise Prevention.
6. Shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the
development as a whole and for the individual buildings andstructures within the
development.
7. Shall consist of structures that are owned, maintained, and operated under unified control in
accordance with a plan which contains provisions providing for the enforcement thereof.
8. Shall be screened from all public right-of-way and residentially zoned land, with an opaque
fence, wall or berm not to exceed eight feet in height, constructed of new materials, and
maintained in good condition.
9. Shall have a maximum area equal to the combined footprint of the principal and accessory
buildings.
10. Shall be surfaced entirely with asphalt, concrete, or class five (5) aggregate.
11. Shall screen all storage areas associated with the vehicle repair operation.
12. Shall notbe located on a lot or parcel of land within 200 feet of any residential zone.
13. Perimeter curb and gutter shall be installed, with the design and materials consistent with the
City's Design Criteria.
14. Water run-off from serviced and/or washed vehicles shall be treated and disposed of
properly. ~~O
"N.
15. The applicant shall comply with the screening and landscaping requirements as identified in
Section 11.60 of the City Code.
16. Building construction, sewer, water service, fire protection and access will be reviewed for
code compliance at the time of building permit application(s).
17. The developer arID/or their assigns shall be responsible for any required or desired noise or
dust mitigation measures.
18. Approval of this conditional use permit does not constitute approval of any signs. Sign
permits shall be required for all signs, and sign permit applications will be reviewed for
compliance with City Code requirements at the time of application.
19. Sales of commercial trucks, trailers and buses are not permitted. Any other products sold in
conjunction with commercial trucks must be contained within the principal structure.
20. Outside storage will be limited to semi-tractors and trailers, consistent with the submitted
parking/storage plan.
21. Shall not store any vehicles that are not offered for sale which are unlicensed for more than
seven (7) days and/or vehicles that are inoperative for more than seven (7) days.
22. Concrete perimeter curb and gutter shall be installed, with the design and materials
consistent with City's Design Criteria for concrete curb and gutter.
23. Water run-off from serviced and/or washed vehicles shall be treated and disposed in
accordance with local, state and/or federal requirements.
24. The applicant shall obtain a hazardous' waste license from the Scott County Environmental
Health Department.
25. Any development of the site shall comply with the regulations of the Migratory Bird Treaty
Act.
26. Hours of operation shall be limited to 7 a.m. to 11 p.m., Monday through Friday. The
applicant will be allowed to operate a "skeleton" crew to handle emergency calls for towing
to the facility after hours of operation.
27. Overhead service doors shall remain closed both during and after hours of operation, except
to allow vehicles to enter and exit the service area.
28. No unattended idling of trucks in excess of 15 minutes shall be allowed outside the
building(s).
29. Blasting shall be conducted consistent with the City Code requirements or as specified by
the City Engineer (hours, charge size, etc.).
30. Air equipment/generators shall only be stored and used indoors.
31. Any proposed fencing shall not exceed eight (8) feet in height.
32. There shall not be any painting and/or body work conducted on any vehicles on site.
Adopted by the City COlJllcil on the _ day of ,2009.
Mayor
ATTEST:
R. Michael Leek, Community Development Director
PREPARED BY:
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
rz.(
CERTIFICATION OF RESOLUTION NO. PC08-067
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. PC08-067, presented to and adopted by the City Council of the City of
Shakopee at a duly authorized meeting thereof held on the _day of _, 2009, as shown by
minutes of the meeting in my possession.
Dated this day of ,2009
Judith S. Cox, City Clerk
SEAL
. Prepared by:
THE CITY OF SHAKOPEE
129 South Holmes
Shakopee,~ 55379
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. UNITED
PRO PERT IE S
February 12, 2009
City of Shakopee
129 HoLmes Street South
Shakopee. MN 55379
RE: Interstate Companies
Dear City Council,
We, Interstate Companies/United Properties, grant a 3D-day extension to the City of
Shakopee concerning the review period for the Interstate Companies Conditional Use
Permit/Preliminary Plat/Final Plat.
If you should have any questions, please do not hesitate to contact me directly at
720.898.5870.
Sincerely,
United Properties
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Dale J. Glowa,
Senior Vice President
Development
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5394 Marshall Street Suite 400 Arvada. CO 80002
T 720,898,5871 F 720.898.5881 uproperties.com
. UNITED
PRO PERT IE S
February 16, 2009
Mr. Mark Noble
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379
RE: Conditions Responses - Pinewood Estates and Prairie Bend
Mark,
The following is our attempt, as you requested, to respond to each of the conditions proposed
by the Pinewood Estates and Prairie Bend neighborhoods (the separate conditions as
expressed in the letter from Karen Marty dated 2/5/09, with attached "Conditions for Interstate
Companies/I-State Truck Center's Conditional Use Permit dated 2/5/09 will be separately
addressed). Our responses are found in "red" below each suggested condition. This
response has been prepared with input from Interstate Coso regarding their operating
procedures and intended use of their property, Pope Associates for architectural and
engineering design and code interpretations, Mr. LB Guthrie, Lindquist & Vennum for legal
counsel, Kvernstoen, Ronnholm & Assoc (KRA) as acoustical engineer, and Traffic Study by
Howard Green and Assoc.
The Applicant disagrees, categorically, that the neighbors are qualified to render opinions
regarding the operation by Interstate of its proposed facility, or have the right to make
conditions that impact the future use of land owned by Interstate, it does acknowledge,
however, that the Planning Commission asked the neighbors to submit a list of conditions that
they wanted the City to consider as part of the review process for this project. In our opinion,
we find that most of the conditions that have been suggested by the neighbors to be unusual,
unnecessary, arbitrary, too restrictive, and/or unfairly proposed for this Applicant. This
Applicant should be treated no differently than any other, and the City should avoid the
temptation of imposing conditions impacting the Applicant's operations of its business to
appease a small but vocal group of individual citizens having made numerous demands, which
conditions have not been imposed on other corporate citizens
We cannot help noting in passing that if the development site had been previously final platted,
as Applicant is now in the process of doing, it would have had to notify, by code, only the
neighboring property owners within 350 feet, which would have excluded all these residential
neighborhoods.
Nevertheless, the Applicant has seriously addressed the concerns expressed in 2006 by this
neighborhood. Applicant has made significant changes to the site plans. We answered their
questions and addressed rumors and incorrect information at neighborhood meetings and
public hearings. The Applicant has in many instances gone beyond what would legally be
required, for example it has agreed to insure homeowners from any damage caused by project
blasting of sub-surface bedrock. The site plan that is before you is much different than the one
submitted in 2006. The proposed platted lot for this development is almost 600 feet from the
closest residential property. We have submitted professionally prepared information and
reports about diesel emissions, site acoustics, and a traffic study, all of which confirm the facts
that the proposed development will have no more impact (indeed, if anything, much less) on \~q
Doc# 2868789\1 5394 Marshall Street Suite 400 Arvada, CO 80002
T 720.898.5871 F 720.898.5881 uproperties.com
Mr. Mark Noble
February 19, 2009
Paoe 2 of 10
the neighborhood than any permitted use within the 1-1 district and that this use is within
acceptable City ordinance standards. The Applicant is also different. Interstate Companies
has two operating divisions, "I-State Truck Center" which was part of the 2006 application,
moved to Inver Grove Heights (after the impositions of conditions on its 2006 application which
it could not live with) and is not part of the current application. The second division is
Interstate PowerSystems, which is the division which will operate the service building on the
site. Interstate Companies will be the occupant of the office building on the site.
Finally, we expect that Interstate will receive comparable treatment to that of the SPUC
Conditional Use Permit (CUP) application with respect to conditions imposed. Please refer to
the attached Resolution for the SPUC CUP. Applicant's and SPUC's sites are adjacent to one
another, and both are considerable (and comparable) distances from the residential
neighborhood. We hope that the City will use good and fair judgment in its determination of
which conditions it will impose on this CUP. With this said, our response to each suggested
condition in the order presented follows:
1. Proposed building layouts should be revised to require the two structures combined as one
single structure for lot one, as office buildings structures are not allowed in I-I zoning.
Our application includes a Text Amendment to permit an office use within the 1-1 district, and a
CUP to permit more than one structure on a single lot. We also believe that the separate
office building will result in a higher image development. It will also result in better screening
of the service building and outside storage. And it will generate more tax revenue, reflecting a
higher property value, which shall benefit the community.
2. I-State Truck Center/lnterstate Companies properties shall build a solid berm along south
property line of the development currently known as lot one (located east of Sarazin Street and
West of Shenandoah Drive). The berm will consist of an 8 foot opaque fence constructed of
maintenance free, white vinyl, placed nearest the building site; grassed earth, no less than 10
feet in total height with a gradual slope of no less than 15 feet along each side; and two rows
of spaded spruce/white pine trees, no less than 15 feet in total height with a minimum trunk
size of a 2 1/2 feet, planted in a staggered formation along the overall length of the south end
of lot one. The natural earth berm will be mowed; trees and sod will receive care for growth
throughout the life of the Conditional Use Permit, by a professional watering and care service
as well as an installed irrigation system. Any trees failing to survive shall be replaced by a tree
of equal value / size.
The condition speaks about building a berm on 4th Ave. east from Shenandoah Dr. to Sarazin
Street to the west. This suggestion of building a berm on property that is not part of the
Application should be dismissed by the City. The Applicant intends to comply with the City's
Ordinance requirements for landscaping. The proposed development plan for Interstate
includes a landscaped earth berm along its south property line. Except for any necessary
utility work needed to serve the new development, the undeveloped land south of the
Interstate site will be left in its current natural state, until such future date when a development
project is proposed to the City.
3. I-State Truck Center/Interstate Companies properties I-State Truck Center/lnterstate
Companies properties shall build a natural earth and tree berm along the north side of 4th
avenue (located east of Sarazin Street and West of Shenandoah Drive). The earth berm will
be no less than 15 feet (in total height) with a gradual slope of 15 feet along each side. The
south side of the earth berm shall have solid screening consisting of two rows spaded
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Doc# 2868789\1
Mr. Mark Noble
February 19, 2009
Paqe 3 of 10
seedless Maple trees, staggered, no less than 10 feet in total height and a minimum trunk size
of 4 feet in diameter or spaded seedless Ash trees of no less than 10- 12 feet in total height
and minimum trunk size of a 3 feet, along with no less than 10 feet spaded spruce trees, will
be planted along the overall length of the earth berm. All trees will receive care for growth, by
a professional watering and care service; any trees failing to survive shall be replaced by a
tree of equal value. Sodded berm shall be mowed managed and maintained throughout the
life of the Conditional Use Permit.
The suggestion of building a berm on property that is not part of the Application should be
dismissed by the City. The Applicant intends to comply with the City's Ordinance
requirements for landscaping. The proposed development plan for Interstate includes a
landscaped earth berm along its south property line. Except for any necessary utility work
needed to serve the new development, the undeveloped land south of the Interstate site will
be left in its current natural state, until such future date when a development project is
proposed to the City.
4. I-State Truck Center/Interstate Companies shall provide a 70-foot deep outlot along 4th
Avenue, between Shenandoah and Sarazin. Existing vegetation will be scrubbed, leaving
current "healthy" trees, as determined by Woodland Management. Scrubbed vegetation will
be replaced with trees consistent with the berm located along the north side of 4th avenue;
trees will consist of spaded seedless Maple trees, no less than 10 feet in total height and a
minimum trunk size of 4 feet in diameter or spaded seedless Ash trees of no less than 10-12
feet in total height and minimum trunk size of a 3 feet in diameter along with no less than 10
feet spaded spruce trees; trees will be staggered 8 to 10 feet away from each other. This
outlot is to remain undeveloped for the life of the CUP, the life of proposed plat, and/or until
which time the adjacent residential properties are acquired and turned into undeveloped land.
The suggestion of providing a 70-foot deep outlot along the north side of 4th Avenue between
Sarazin and Shenandoah is preposterous and should be dismissed by the City. Interstate
acquired this land and has paid the real estate taxes with every intention and right to develop it
for industrial uses. This is only an effort by the neighbors to keep this property undeveloped in
a park-like setting, and has nothing to do with the CUP application. The land that they suggest
be an outlot is zoned 1-1. This existing zoning should have been considered by the residents
and their real estate agent prior to buying into this neighborhood. A 70-foot deep setback
along the south side of 4th Avenue was required when the residential was developed.
Obviously the fact that the land on the north side of 4th Avenue was zoned 1-1 was a
consideration when this setback was imposed upon the residential neighborhood development
and was thought at the time to be adequate.
5. All areas not occupied by buildings, parking, or driveways shall be professionally
landscaped and covered with turf grass, native grasses or other perennial flowering plants,
vines, mulch, shrubs or trees. These areas are to be maintained in a manner consistent with
current Shakopee ordinances.
The Applicant will comply with the City's landscape ordinance.
6. I-State Truck Center/Interstate Companies shall provide professionally landscaped islands
to all areas not needed for vehicle maneuvering.
The Applicant will comply with the City's landscape ordinance.
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Mr. Mark Noble
February 19, 2009
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7. All landscaping must be properly installed and maintained. All plantings (trees, shrubs,
plants, and flowers) in appearance to fail to thrive must be replaced by a planting of equal or
greater quality. The Planning Department shall approve the final landscaping plan. The
landscape plan shall include a detailed planting schedule, specific planting details as well as
indicate wood mulch sites and a maintenance plan approved by the city.
Refer to submitted landscape plans. The Applicant will comply with the City's landscape
ordinance.
8. Parking and loading facilities and all other areas upon which vehicles may be located shall
be screened to avoid headlights shining towards any residential properties.
The submitted plan includes a landscaped berm, up to 8 feet in height, along the south
property line of this development site for this purpose.
9. Barbwire fence material is prohibited on designated property owned by I-State Truck
Center/Interstate Companies or any other entity.
No fencing is included in our development plan.
10. I-State Truck Center/Interstate Companies shall not operate any service or repair between
the hours of 8:00 P.M. CST - 7:00 A.M. CST, Monday through Friday. (Note that this 5-day
workweek condition is consistent with the Project Narrative sent to Mark Noble, dated
November 13, 2008, from Dale Glowa of United Properties.) Citations will be issued if service
or repair is observed or reported to city staff; after issuance of two citations, the Conditional
Use Permit will be pulled.
This proposed condition is too restrictive and unnecessary. The site is located a substantial
distance away and will not impact this neighborhood. This condition should be dismissed by
the City.SPUC, a similar CUP use on the adjacent site to Interstate, operates 24/7 with truck
and service operations.
11. I-State Truck Center/Interstate Companies shall not operate any service or repair on
weekends, (Saturday and Sunday). Operations of all kinds will be closed on Thanksgiving,
Christmas Eve, Christmas Day, and Easter Holidays. Citations will be issued if service or
repair is observed or reported to city staff; after issuance of two citations, the Conditional Use
Permit will be pulled.
This proposed condition is too restrictive and unnecessary. The site is located a substantial
distance away, and will not impact this neighborhood. This condition should be dismissed by
the City. SPUC, a similar CUP use on the adjacent site to Interstate, operates 24/7 with truck
and service operation.
12. I-State Truck Center/Interstate Companies shall have no sale of any form or type of
equipment, parts or material that take place on-site.
Sales of stored goods on-site are allowed as a Conditional Use in the 1-1 district. It is
Interstate's intention to sell parts and generator units at this location. This is a very clean and
professional function, performed within the building.
13. I-State Truck Centerllnterstate Companies shall not conduct vehicle bodywork that
includes painting of any form or quantity on the site.
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Mr. Mark Noble
February 19, 2009
PaQe 5 of 10
There are no plans to do body and paint work on-site. However, this proposed restriction is
too arbitrary and would not pose any threat to the area if it were performed. The site is located
a substantial distance away, and will no~ impact this neighborhood. This condition should be
dismissed by the City. SPUC, a similar CUP use on the adjacent site to Interstate, operates
24/7 with truck and service operation. SPUC's approval was not conditioned with similar use
restrictions.
14. I-State Truck Center/Interstate Companies shall conduct all service and repair within an
enclosed structure (all service bay doors closed unless a vehicle is entering or exiting).
Citations will be issued if non-compliance is observed or reported; after issuance of two
citations, the Conditional Use Permit will be pulled.
This proposed condition is too restrictive and unnecessary. The site is located a substantial
distance away, and will not impact this neighborhood. This condition should be dismissed by
the City. We have submitted, as record, an acoustical engineering report, by KRA, confirming
that the noise levels generated by the proposed use, specifically for the location of the subject
site, will be within the acceptable sound level of the City's ordinance even with the service
doors open.
15. I-State Truck Center/Interstate Companies shall provide road signs at the corners of 4th
Avenue and Shenandoah and Highway 101 and Shenandoah, indicating "Main Entrance".
Road signs will be situated so traffic is directed away from 4th Avenue to minimize impact upon
residential properties.
The main entrance to Applicant's site will be signed in accordance with the City Sign
Ordinance.
16. I-State Truck Center/Interstate Companies shall provide the city with no less than two road
signs, indicating "No Truck Traffic", along 4th Avenue between Shenandoah Drive and
Marshall Road.
4th Avenue is a Minnesota State Aid road, designed to 9-tons to support truck traffic. As a
State Aid Road, no restrictions will affect its use. This issue is outside Interstate's CUP
application.
17. I-State Truck Centerllnterstate Companies shall have no outside signage display, of any
form or accessory structures of any form.
Applicant will be allowed identification signage as permitted by the City' Sign Ordinance.
Applicant has no plans for accessory structures, but any future accessory structures would be
constructed according to City ordinances.
18. 1-State Truck Center/Interstate Companies shall keep all outdoor garbage dumpsters
screened from visibility and concealed within an enclosed structure, that is built of permanent
construction material consistent with construction material of main building structure; enclosed
structure will be enclosed 24/7 hours of the day. All excess storage of non-working truck
components shall be required to be stored within the facility.
Applicant will comply with City's ordinance for trash. Applicant will comply with the City's
screening requirements. The site is located a substantial distance away, and will not impact
this neighborhood. This suggested condition should be dismissed by the City. SPUC, a
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Mr. Mark Noble
February 19, 2009
Paoe 6 of 10
similar CUP use on the adjacent site to Interstate, operates 24/7 with truck and service
operations and permitted outside storage.
19. All outside storage of refuse shall be enclosed on all four sides by screening compatible
with the principal structure not less than two feet higher than the refuse container. Refuse is
considered any object that is not an operable vehicle left in a location greater 10 calendar
days.
Applicant will comply with City's screening requirements. SPUC, a similar CUP use on the
adjacent site to Interstate, operates 24/7 with truck and service operations and permitted
outside storage.
20. Outside storage of vehicles is to be kept to a minimum of currently licensed vehicles that
have an approved work order and may not be left in the storage site greater than 10 calendar
days. A vehicle left in a storage location greater than 10 calendar days will be considered
abandoned and will be subject to removal by law enforcement.
This proposed condition is too restrictive and unnecessary. The site is located a substantial
distance away, and will not impact this neighborhood. This condition should be dismissed by
the City. SPUC, a similar CUP use on the adjacent site to Interstate, operates 24fi with truck
and service operation and no use restrictions.
21. Vehicles which are inoperative shall not be stored for more than seven days; beyond
seven calendar days, an inoperative vehicle will be subject for removal by law enforcement.
This proposed condition is too restrictive and unnecessary. The site is located a substantial
distance away, and will not impact this neighborhood. This condition should be dismissed by
the City. SPUC, a similar CUP use on the adjacent site to Interstate, operates 24/7 with truck
and service operation and no use restrictions.
22. All outside areas for storage and movement of motorized vehicles shall be surfaced
entirely with asphalt or concrete or class five aggregate.
Applicant agrees that the site will be paved per submitted plan.
23. I-State Truck Center/Interstate Companies shall designate areas for snow storage and an
acceptable snow removal plan shall be presented and approved by the city.
Applicant will use green areas around site for snow storage, as other landlords do within the
industrial zone.
24. I-State Truck Center/Interstate Companies shall provide a large interior exit/entrance
driveway to allow visibility between vehicles entering and exiting the property, passing
vehicles, bicyclists, and pedestrians.
Applicant's plan includes an extra wide entrance to its site.
25. Shall have no on street parking; trucks and vehicles are not allowed to be in a parked
position along the shoulder of Shenandoah Street or 4th Avenue.
Applicant will not park vehicles on public streets.
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Mr. Mark Noble
February 19, 2009
Paae 7 of 10
26. Every exterior surface of any structure which has had a surface finish such as paint or
stain applied shall be maintained to avoid noticeable deterioration of the finish. No wall, fence
or other exterior surface shall have peeling, cracked, chipped or otherwise deteriorated
surface finish. Any exterior finish not maintained will be required to be updated within the
quarterly reviews conducted.
Applicant will comply with City ordinance for building maintenance.
27. The emission of smoke or particulate matter is prohibited where such emission is visible or
can be smelled beyond the property line. No, destruction of hazardous materials on the
property can occur through burn-off of the excess material through engine idling or through a
burn off container.
This proposed condition is too restrictive and unnecessary. The site is located a substantial
distance away, and will not impact this neighborhood. This condition should be dismissed by
the City. SPUC, a similar CUP use on the adjacent site to Interstate, operates 24/7 with truck
and service operation and no use restrictions.
28. I-State Truck Center/Interstate Companies shall obtain a hazardous waste license from the
Environmental Health Department of Scott County.
Applicant will obtain any applicable required government permits.
29. The emission of odorous matter in such quantities as to be readily detectable beyond the
boundaries of the immediate site is prohibited. The company will be required to perform
testing to ensure compliance to this requirement whereby they contract testing through a State
authorized representative.
This proposed condition is too restrictive and unnecessary. The site is located a substantial
distance away, and will not impact this neighborhood. This condition should be dismissed by
the City. SPUC, a similar CUP use on the adjacent site to Interstate, operates 24/7 with truck
and service operation and no use restrictions.
30. I-State Truck Center/Interstate Companies will disclose environmental documentation
stating their need or reason without need to pull an Air Emission Permit with the Minnesota
Environmental Protection Agency.
Applicant will obtain any applicable required government permits.
31. Any use creating periodic earthshaking vibrations shall be prohibited, if such vibrations are
perceptible beyond the boundaries of the immediate site.
This proposed condition is unusual and unnecessary. The Site is located a substantial
distance away, and will not impact this neighborhood. This condition should be dismissed by
the City. SPUC, a similar CUP use on the adjacent site to Interstate, operates 24/7 with truck
and service operation and no use restrictions.
32. I-State Truck Center/interstate Companies shall provide a traffic analysis prepared by a
professional engineer, approved by the city, showing the following:
. Existing traffic volumes on affected streets;
. Anticipated traffic volumes on affected streets;
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Mr. Mark Noble
February 19, 2009
PaQe 8 of 10
. Anticipated generation of test drive trips;
. Morning and afternoon peak hour traffic volumes at all driveways into the site;
. Recommended traffic management actions, including truck routing;
Applicant has submitted a traffic study, prepared by Howard Green and Associates, for its
intended use. The traffic study has been favorably accepted by Scott County.
33. Vehicle "test" routes shall be specifically identified in writing, approved by the Shakopee
Planning Commissioner and Shakopee City Council. Once approved, the vehicle test drives
will be conducted only on the specifically identified route. All parties performing a test will be
accompanied by a representative of I-State or its affiliates. I-State Truck Centerllnterstate
Companies will be cited for vehicle test drives not conducted on the specifically identified and
approved route that is observed or reported to city staff; after receiving no more than two
citations, I-State Truck Center/Interstate Companies will be fined.
Applicant will agree to limit test drives to Hwy. 101, using Shenandoah Dr. for access.
However, trucks have the right to use 4th Ave., a MSA roadway, to access the Interstate site.
34. Property values will be guaranteed (in writing) as such that the property values will stay
even with other. comparable properties in Shakopee of similar lot size, with homes of similar
finished square footage and/or total square feet, as well as year built.
No, Applicant will not guarantee property values in the area. The land north of 4th Ave has
been zoned industrial even before the residential neighborhood was developed. Property
owners and their real estate agents should be responsible for understanding neighboring land
uses before they purchase. We do not believe that this CUP application use has any more
impact on property values than any 1-1 permitted uses.
35. I-State Truck Center/ Interstate Companies, nor other entity shall not repair or service
more than 3% of vehicles from model year 2000 or older given each calendar year.
This proposed condition is too restrictive and unnecessary. The Site is located a substantial
distance away, and will not impact this neighborhood. This condition should be dismissed by
the City.
36. The I-State Truck Center/Interstate Companies nor other entity shall have no more than
two vehicles or equipment idling for more than 15 minutes. No vehicle I equipment is to be left
running unattended at any time on facility grounds. Unattended vehicles I equipment left idling
will be considered abandoned and will be subject to removal by law enforcement.
This proposed condition is too restrictive and unnecessary. The Site is located a substantial
distance away, and will not impact this neighborhood. This condition should be dismissed by
the City. SPUC, a similar CUP use on the adjacent site to Interstate, operates 24/7 with truck
and service operation and no use restrictions.
37. To ensure compliance with the Conditional Use Permit's (CUP) granted to I-State Truck
Centerllnterstate Companies, during the time which a CUP is required, a representative of 1-
State Truck Center/Interstate Companies, the City of Shakopee, and a Board Member of the
Pinewood Homeowners Association will meet once a quarter, for each of the next 10 calendar
years, at the 1- Statellnterstate Companies Facility and walk through all current CUP
conditions to verify compliance to the CUP's issued. Any non-compliance issued found during
Doc# 2868789\1 ,'3\
Mr. Mark Noble
February 19, 2009
Paqe 9 of 10
these quarterly reviews will need to be rectified prior to the next quarterly review, and if found
out of compliance the next quarterly review will immediately be brought in front of the City
Council to be addressed to have the CUP pulled from the company. Following compliance of
the CUP of no less than ten years, there shall be an annual review of this permit of each year
I-State Truck Center/lnterstate Companies or other entity that reside on the proposed property.
No, a formal meeting is not necessary. The City has the right to inspect as needed. The Site
is located a substantial distance away, and will not impact this neighborhood. This condition
should be dismissed by the City. SPUC, a similar CUP use on the adjacent site to Interstate,
operates 24/7 with truck and service operation and does not have this obligation.
38. I-State Truck Center/Interstate Companies and United Properties will guarantee provision
of employment opportunities to taxpaying citizens of Shakopee for full time work positions in
the areas of management, administration, and mechanical; within three years of the date that
I-State Truck Center/Interstate Companies opens for business, 40% of total company
employees will be qualified and skilled Shakopee residents.
No, this proposed condition is too restrictive, arbitrary and illegal. And, this issue is outside
Interstate's CUP application. This condition should be dismissed by the City. SPUC, a similar
CUP use on the adjacent site to Interstate, operates 24/7 with truck and service operation and
does not have this obligation.
39. Through a cooperative training program, I-State Truck Center/Interstate Companies will
guarantee provision to no less than ten part-time or full time office or mechanical work
positions to Shakopee resident youths of age 15 to 18 years.
No, this is not a legal request. This issue is outside Interstate's CUP application. This
condition should be dismissed by the City. SPUC, a similar CUP use on the adjacent site to
Interstate, operates 24/7 with truck and service operation and does not have this obligation.
40. All parties involved in the development site of I-State Truck Center/Interstate Companies
shall be provided insurance that will totally protect all homeowners located within a radius of
5000 feet of the construction site. The insurance shall cover/protect against any and all
damage to their properties (including but not limited to sheet rock, foundation, masonry,
windows, landscape, existing forestation, etc.) caused by the construction, demolition, and/or
excavation of any and all dirt, gravel, bedrock, etc. from the construction zone and/or
construction project.
Interstate's contractor's will carry commercial liability insurance and any homeowner suffering
damage directly relating to the blasting would be covered by such insurance. In addition,
homeowners residing within 500' of the blasting location and which permit the contractor to
survey the home inside and out prior to the blasting event will be surveyed prior to the blasting.
It should be noted that blasting in Shakopee has occurred frequently with successful results.
41. I-State and it's facilities will observe funeral proceeding in a respectful manner as not to
disturb the ceremony by excess noise (less than 10 decibels), working conditions (bay doors
opening and closing) and/or truck traffic while any and all ceremonies are in progress.
This proposed condition is too restrictive and unnecessary. The Site is located a substantial
distance away, and will not impact this neighborhood. This condition should be dismissed by
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Mr. Mark Noble
February 19, 2009
Paoe 10 of 10
the City. SPUC, a similar CUP use on the adjacent site to Interstate, operates 24/7 with truck
and service operation and does not have this obligation.
42. I-State Truck Center / Interstate Companies will not use any type of promotional
advertisement that extends beyond twenty feet high. Examples include but are not limited to
spot lighting, air balloons, etc.
Applicant agrees to comply with City Signage Ordinance.
43. I-State Truck Center / Interstate Companies or future property owners will not have plat
developed with any structural portion of any building development at an elevation greater than
the closest residential properties, thereby dwarfing the surrounding properties.
No; Applicant will comply with height restrictions for the 1-1 district.
44. The applicant shall submit a plan illustrating anticipated site development for remaining
properties, or such property cannot be developed by applicant or affiliates of the applicant for
10 years.
No; The Applicant has no development plans for the remaining land. The property is currently
being marketed for sale to 1-1 uses. The City will respond to future applications when
submitted for approval.
45. I-State will repair and replace any damaged property occurring from tractor traffic occurring
on the residential property for any traffic that is directed to their facility.
This issue is outside Interstate's CUP application and is not Interstate's responsibility.
Property damaged by vehicular accidents should be handled on a case-by-case basis with
insurance carriers representing the involved parties.
46. The city of Shakopee reserves the right to amend and add conditions to the conditional
uses as amenities are added or modified in any way.
Any changes to the CUP will require a new submission to the City for approval.
If you should have any questions, please do not hesitate to contact me directly at
720.898.5870.
Sincerely,
;croperties
'/
1~'"
"-..-'
Dale J. Glowa,
Senior Vice President
Development
Doc# 2868789\1 \~3
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(
RESOLUTION NO. PC02-080
A RESOLUTION OF THE CITY OF SHAKOPEE~ MINNESOTA, GRANTING A
CONDITIONAL USE PERMIT FOR THE SHAKO PEE PUBLIC UTILITIES
COMMISSION (SPUC) FOR THE CONSTRUCTION
OF A UTILITIES SERVICE CENTER
WHEREAS, Shakopee Public Utilities Commission (SPUC), applicant, has filed an
application dated July 3, 2002, for a Conditional Use Permit for exterior storage in COIDlection with
a proposed utilities service center Wlder the provisions of Chapter 11 (Zoning) 6fthe Shakopee City
. , Code, Section 11.44 LIGHT INDUSTRY ZONE (I-I), Subd. 3. CONDITIONAL USES; and
WHEREAS, this parcel is presently zoned Light Industry Zone (1-1); and
WHEREAS, the property upon Which the requ.est is being made is legally. described as:
The west 1234.91 feet, as measured at right angles to the West line thereof, of that part of
the Northwest Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota lying
South of the Southerly right afway line afthe Chicago, St. Paul, Minneapolis, and Omaha
Railway Company as the same is now located and established over and across said Section
5:
Excepting therefrom the South 639.08 feet, as measured at right angles to the South line
thereof, of said Northwest Quarter of Section 5:
According to the U.S Government survey thereof
Subject to easement and restrictions afrecord, if any.
WHEREAS, notice was provided and on August 22 2002, the Board of Adjustment and
Appeals conducted a public hearing regarding this application, at which it heard from the
Community Development Director or his representatives, and invited members bfthe public to
comment.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND
APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the Board hereby adopts the following findings of fact regarding the CUP request of SPUC:
RESNOPC02080.doc r~~
"
"
Finding #]: The Board of Adjustments and Appeals has not received any evidence that the use
will be injurious to the use and enjoyment of other property in the vicinity nor that it
will substantially diminish or impair property values
Finding #2: The Board has not received any evidence that the conditional use permit will impede
the normal and orderly development and improvement of surrounding vacant
property for uses allowed in the area. The proposed conditional use is consistent
with the purposes of the Light Industrial (I-I) Zone, and establishment afthe
proposed use will improve SPUC's ability to serve both existing and future land uses
within the City.
Finding #3: Adequate utilities, access roads, drainage and other necessary facilities exist or will
be provided as a part of the development of this site.
Finding #4: The use is consistent with the purposes of the zone in which the applicant intends to
locate the proposed use.
Finding #5: The use is not in conflict with the Comprehensive Plan.
BE IT FURffiER RESOLVED that the application for Conditional Use Permit No. pe02-080 is
hereby GRANTED, subject to the following conditions:
1. Shall be developed in general accordance with the following plan sheets submitted with the
app lication;
Sheet 1.lA Proposed Site Plan
Sheet EO.1 Photometric Layout
Sheet EO.2 Lighting Plan
Modifications may be made to the location of entrances to the site, parking and driveway
configuration, landscaping, and ponding so long as 1) they comply with applicable City
regulations, and 2) they receive prior approval of City staff.
2. All parking shall be paved, and storage areas shall be surfaced with Class 5 aggregate..
3. Landscape plan material numbers and sizes, as well as the location and types of screening
and height of fencing, shall, be verified at the time of submittal of the building permit
application, and a landscape bond (per City Code) be required at the time of permit issuance.
4. Signage for the site shall be addressed through the sign permit application process.
Approval of the ClJP does not grant any signage approval or variances.
5. The screening fence around the open storage may be up to eight feet high.
Adopted by the Board of Adjustment and Appeals of the Ci ty of Shakopee, Minnesota, this
22nd day of August 2002.
Chair of the Board of Adjustment and Appeals
ATTEST:
Community Development Director
RESNOPC02080 .doc \?,5
. UNITED
PRO PERT I E S
February 20, 2009
Mr. Mark Noble
City of Shako pee
129 Holmes Street South
Shakopee, MN 55379
RE: Interstate Companies
Mark,
You requested that I complete my responses to the neighborhood associations' comments
from the 2/5/09 Planning Commission meeting. I decided to List aLL of the comments and our
responses from that meeting, as foLLows:
1) Several slide photos were shown that night of various Interstate facilities. ALL photos
showed trash and junk at each location. The stated intention by the neighbor was that
this is an example of a heavy industrial operator and clearly this company is a shoddy
operator.
I stated at the meeting that there might be some confusion about whether some of
these were Interstate's facilities. Later I checked with Interstate and learned that they
did have leased facilities in RoseviLLe and Blaine. Interstate will comply with
Shakopee's ordinance requirements for refuse screening. However this comment
seems to go to the City's screening of refuse for industrial zones, and not to
Interstate's request for its particular CUPs.
21 There were comments made about the danger of poLLution to the neighborhood. It was
reported that California is imposing stiff restrictions. It was also said that "their
neighborhood was not intended originaLLy to be built there, so don't let bad things
happen to them. ..
We previously submitted information about current regulations on diesel engines. The
technology and regulations continue to get better every year. AdditionaLLy prevailing
winds are from the northwest and south, which directs any emissions produced at this
site away from the neighborhood. We don't wish harm on this neighborhood either.
Our client directed us to change the old site plan that was submitted in 2006. The
project was moved north on the site and is 600 feet from the closest neighbor. The
land has been zoned industrial, even before the residential neighborhood was
developed. The property owner has rights to develop it as industrial. Even 1-1
industrial development without outside storage will generate truck traffic, possibly
more than the subject project. So this issue reaLLy is not unique to Interstate's
intended use. The neighbor quoted a WaLL Street Journal article dated 12/15/08,
which stated CA is planning to clamp down on diesel emissions due to the severe
health risk they create. I also looked at CA's CARB website where they describe their
pending diesel legislation [both attached!. It appears the harmful effects of diesel )~lJ
5394 Marshall Street Suite 400 Arvada, CO 02
T 720.898.5871 F 720.898.5881 uproperties.com
Mark Noble
February 201 2009
Page 2 of 6
emissions noted in the WSJ article are in reference to older trucks with no emission
controls. The efforts by CA to reduce harmful diesel emissions appear to be directed
at getting older trucks off the roads or modified so that only modern equipment will be
used. This actually reinforces our position that Interstate typically services late-model
trucks with clean-burning engines.
31 It was again stated that they believe that the proposed Interstate project is heavy
industrial.
We do not agree. The City Attorney has previously confirmed that this is an 1-1 use,
with the CUP. In addition, this use would be approved in the light industrial districts of
Eagan, Mendota Heights, Inver Grove Heights, Burnsvilte and Lakevilte, as welt as most
other industrial zones throughout the metro area.
41 Someone said that jobs at Interstate should benefit Shakopee, and that a stated
amount should be reserved for Shakopee residents.
Most of the jobs are already filled by workers at the Bloomington facility. They are very
high-skilled technical positions, not easily replaced. We believe that the U.s.
Constitution protects the rights of travel by employees, so we don't think that such
condition is legal. The facility will be generating significant taxes which benefit the
community. In addition, the employees will be using local retail services and amenities
which also support the community. In any event any such condition would not be
related to Interstate's request for its particular CUPs
51 Someone said he specifically moved to this neighborhood because it was quiet.
We have submitted an acoustical report which confirms that Interstates' use on this
site wilt generate noise levels below current City standards. So this project will not
disturb this neighbor. Before buying in this neighborhood, he and his real estate agent
were responsible for knowing that this undeveloped land was zoned industrial and is
consistent with developed industrial properties both to the west and east of the subject
site, and that it would eventually be developed by industrial uses. Other noise
generators in the area include Union Pacific Railroad, which operates 24/7; Canterbury
Downs racetrack, and the ballroom at the corner of Shenandoah and 4th Street, which
operates at very late hours on the weekends. It may be worth noting that the acoustic
report indicates that the sound levels from the refrigeration units together with the
dyno [with the door openl would be less than current ambient sound levels measured
at the site.
61 Someone had a concern about potential damage to their homes if bedrock blasting is
performed. He suggested that the developer insure properties located at a distance of
5,000 feet [1-mileJ.
Interstate agrees that it should have some responsibility for damage that it might
cause. Interstate's contractor's wilt carry commercial liability insurance and any
homeowner suffering damage directly relating to the blasting would be covered by
such insurance.. In addition we have agreed to actually survey interior and exterior
views of each home within 500 feet of the blasting area. Please see No. 15 below.
\31'
Mark Noble
February 20, 2009
Page 3 of 6
7] We were asked if the project would have fuel tanks on-site.
No
8] We were asked why the owner, Gordy Galarneau, has not attended these meetings, and
made himself available to answer questions.
United Properties, and its team, has been hired to represent Interstate. Jeff Caswell,
president of Interstate, attended the neighborhood meeting and answered your
questions.
9] There were questions about the traffic patterns when Interstate test-drives serviced
vehicles. They assumed that the trucks included trailers on test drives. It was also
stated that they would not make u-turns on Hwy.101. It was speculated that drivers
would use various routes back to the Interstate facility, including through their
residential neighborhood.
They will test drive the trucks and buses only. These will occur along Hwy.1 01, where
trucks can reach highway speed. Drivers will make legal u-turns along Hwy.1 01, again
to reach highway speeds, and will return to Interstate using Shenandoah Drive access.
For the record, 4th Avenue is designed to 9-ton rating to support truck traffic, and as a
MSA roadway, no restrictions will affect its use. From a practical perspective, the
revised site plan has limited all site access to Shenandoah Drive. The drivers will have
no reason to drive through this residential neighborhood.
1 O]lt was stated that the proposed ponds are nothing more than a utility drainage
easement. Landscaping should be professional, like the Boyer Truck Sales facility in
Savage.
It is true that the ponds serve a utility function, required by the City. But they will be
professionally landscaped around the edges and maintained accordingly. We will
comply with the City's landscaping criteria. However this comment seems to go to
the City's ponding requirements for industrial zones, and not to Interstate's request for
its particular CUPs.
11] The staff was asked about an old Interstate site plan shown at the neighborhood
meeting. It showed an access point to the undeveloped sites to the south of the subject
site. The stated concern is that Interstate would be using the undeveloped land.
We acknowledge that the plan referred to was shown at the neighborhood meeting.
The neighbors objected to it. That access detail was removed from the plan. There is
no intention by Interstate to use the undeveloped land for their business. They will
operate solely within the platted property.
12] There was a stated concern that the dyno function may occur at times with the door
open.
The typical protocol is to operate this function with the door closed. The room has air
exchange and cooling. However, even if the door were open, it would not generate
noise above City standards. The acoustical engineer tested it with the doors open.
\3%
Mark Noble
February 20, 2009
Page 4 of 6
131 The neighbors want a 70-foot setback along the north side of 4th Avenue. And the
setback is to remain undeveloped as a dedicated outlot.
We think that this request is preposterous, and unnecessary given the distance from
the neighborhood. The elements of our plan as submitted should be evaluated relative
to the criteria of the City ordinance. This setback request involves property that is not
included in the subject application. Interstate purchased the land for industrial use,
has paid taxes on it, and is currently marketing the balance of what it owns for sale,
We believe that the Interstate project does not impact the neighborhood anymore than
an 1-1 use without CUP. Therefore, there is no justification for this request.
14) It was stated that aU truck drivers are required to complete a Driver Inspection Report
by law for the vehicle prior to operating such vehicle on a public road. This requires a
test of all vehicle equipment, including horns and air brakes, which generate excessive
noise. They also said that starting generators, when serviced, would create excessive
noise levels.
There is nothing but speculation to suggest that this state law would create a noise
problem in the neighborhood. The requirement is to test an electric horn, not an air
horn, which is like any automobile horn. The modification in the site plan to increase
the distance to over 600 feet from the neighborhood would in any event ameliorate any
such conditions. Interstate services generator engines. This is typically done at the
customer site, not at Interstate. Occasionally, small generator engines are brought in
for servicing. but the noise level is below City standards, as shown in the acoustical
engineering report.
1511t was reported that the blasting performed for the Cottage Homes project on Eagle
Creek Rd caused no problems and was hardly noticeable.
The fact is that bedrock blasting is common throughout Shakopee and is performed
with successful results.
161 It was reported that OSHA has standards against dangerous vehicle operation. A
statement was said that even a loose bolt constitutes a dangerous vehicle, and is
therefore a threat to the community. Then we were asked if vehicles are driven to the
site. If so they could be considered to be a hazard, and in violation of OSHA standards.
These standards do not apply solely to Interstate's customers. Law enforcement
officers must enforce all laws of the road for all vehicles. Interstate's customers are
no more of a threat to this neighborhood than the safe operation of any vehicle
operating within the community. As I stated at the public hearing, the bulk of
Interstate's business is for scheduled diesel engine maintenance services, not a
general truck repair shop.
171 Interstate' s attorney represented the company as a heavy industrial use during the
2006 application process.
United Properties was not part of that 2006 application process, and Interstate does
not remember the context of what was communicated by their attorney in 2006. His
reference could not have been a definition of zoning because they applied as an 1-1 use
"q
Mark Noble
February 20, 2009
Page 5 of6
with CUP approval, not 1-2. It is our understanding, which has been confirmed by the
City Attorney and the City Staff that this use complies with CUP in an 1-1 zone. We
know that this interpretation is consistent with many neighboring cities.
18) A stated concern was that chemical leaks from transport trucks, such as ammonia,
could be a threat to the area.
Interstate services truck engines for fleet accounts. Trucks routinely come to the site
for scheduled work, and are not bringing loaded containers with them.
19) A photo was shown of United Properties land in Shako pee at Shenandoah and Hwy 101.
The photo showed household debris and it was stated that this is an example of how
United Properties maintains its property.
Every property owner struggles with litter dumped on its property by local citizens who
avoid the cost of disposing their litter legally. However this comment does not relate to
Interstate's request for its particular CUPs.
20) It was stated that the Applicant was not responsive to the neighbor's suggestion of
flipping the building to shield noise levels.
The fact is that Pope Associates, as a result of the question. explored multiple
variations of the site pLan orientation before we settled on the current plan before you.
Again, the neighborhood will not be impacted by the noise generated by Interstate's
use.
211 Jeff Caswell, president of Interstate, was quoted that Interstate would not commit to
any conditions.
What Jeff actually said at the neighborhood meeting is that he wouldn't agree to a
blanket agreement for future conditions. They would respond to specific conditions
that are considered reasonable and consistent with the City's ordinance. On the other
hand, we do not believe that conditions on their operations are necessary given the
distance between property uses and the specific revisions that have been made to this
site plan. This opinion is based on the professional third party reports Itraffic study
and acoustical] previously submitted.
22) It was stated that the proposed Interstate use would cause a decline in local property
vaLues. The neighborhood' spokesman guaranteed that the values would decrease
over the next five years.
Property values have already significantly declined over the past two years due to
market forces, and obviously Interstate, which has not yet been built, was not the
cause. The question is not if an industrial use, like Interstate, will negatively impact
property values. Instead, the question is will an industrial use with outside
storage and the other conditional uses being requested by Interstate, due to those
specific conditional uses affect values more than industrial uses without outside
storage and the other conditional uses being requested by Interstate. We doubt it and
there is nothing to suggest that is the case, certainly not when considering other
permitted uses in the 1-1 Zone. \~O
Mark Noble
February 20, 2009
Page 6 of 6
231 A statement was made that Shako pee has not done a good job with code enforcement.
Certainteed was the example given.
Michael Leek responded to the statement. This comment does not relate to
Interstate's request for its particular CUPs
241 The Planning Commission was asked if the Comprehensive Plan includes the extension
of Shenandoah Dr. south to Hwy 169.
Michael Leek responded to the question. This comment does not relate to Interstate's
request for its particular CUPs
25J A statement was made that generator units are huge and deliver tons of power.
Generator units come in a variety of sizes. Most units are shipped directly from the
manufacturer direct to the customer. Most service work is done at the customer site.
Occasionally, smaller units are brought in to service the engines. Noise levels are
within City standards.
26J It was suggested that a quarterly walk-through review occur during the first two years
of operation to ensure compliance to any stipulated condition. This would include a
board member from the neighborhood association and a code enforcement officer
from the City.
We do not agree that this is necessary to do formally. The City always has the right to
monitor compliance. We agree that the City has the right to impose conditions relative
to the zoning ordinance. We do not agree that the neighborhood association has any
rights to suggest conditions affecting the operation by this company.
If you should have any questions, please do not hesitate to contact me directly at
720.898.5870.
Sincerely,
United Properties
~~..
Dale J. Glowa,
Senior Vice President
Development
\4\
California to Curb Truck Emissions - WSlcom Page 1 of 2
C'a;It~r
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U.S. NEWS I DECEMBER 15, 2008
California to Curb Truck Emissions
By REBECCA SMITH
New regulations in California for heavy-duty diesel trucks could force a sweeping overhaul of the state's trucking industry
and pave the way for similar changes elsewhere.
The California Air Resources Board voted Friday to require trucks after 2011 to gradually reduce emissions of soot and,
eventually, nitrous oxides implicated in smog formation. Remedies range from installing diesel exhaust filters at a cost of
$10,000 and higher, to buying new engines or replacing trucks altogether.
Nearly all vehicles must be upgraded by 2014, and engines older than 2010 models will have to be replaced between 2012
and 2022. The goal: Reduce soot pollution 85% by 2022.
The rule caps an eight-year campaign by the board to curb diesel emissions, starting with the smallest sources and working
up to the roughly one million heavy-duty diesel vehicles that operate in the state. An additional rule approved Friday
requires low-friction tires and aerodynamic modifications to improve fuel economy.
The air board's actions are followed closely by experts outside California. Other states often piggyback off California's
detailed regulatory process, and once manufacturers make changes for the state, it's easier to do the same elsewhere. Many
technologies required by California later became standard nationwide, such as catalytic converters, which the state
required in the 1970S.
Trucking groups argued that the cost of the rules approved Friday, about $5.4 billion, amounts to an excessive burden
when the economy is mired in recession and truck revenues have dropped. The California Trucking Association, which
represents 3,600 trucking firms operating 350,000 vehicles, urged the board to give truckers more time to comply.
But the board concluded that the state's air districts wouldn't meet federal air-quality standards without action now.
Heavy-duty trucks are responsible for 32% of smog-forming emissions and 40% of diesel emissions from mobile sources,
the air board found.
"This accelerates the cleanup of equipment on the road today," said Tom Cackette, the board's executive officer. The board
estimates that 350,000 trucks will be replaced faster than normal because of the rule and that thousands of lives will be
spared the health consequences of polluted air.
Even though newer trucks are cleaner, "waiting for the turnover to occur naturally just isn't fast enough," said Kathryn
Phillips, head of the transportation and clean-air program for the Environmental Defense Fund, a nonprofit advocacy
\L\~
http://online.wsj.comlartic1e/SB 1229301661021 05501.html 2/13/2009
California to Curb Truck Emissions - WSJ.com Page 2 of 2
group. Other states could follow California's lead in restricting diesel emissions, Ms. Phillips said, including those with big
pollution problems and large ports that are magnets for trucking activity. New York, Massachusetts and Texas have shown
a particular interest in the California rules, she said.
Some truckers will be able to simply add equipment in the early years of the rule but ultimately will have to scrap trucks for
cleaner and costlier ones that are newer. About $1 billion in state money is available to defray costs, and those who act
ahead of deadlines are entitled to larger payouts.
Some truckers broke ranks with the trucking industry and urged the air board to impose the new restrictions.
Wayne McCully, 64 years old, who has hauled heavy loads for four decades, signed a petition favoring action. He says he
believes research showing that microscopic particles in soot contribute to cancer, heart attacks and lung disease. "I'm no
tree hugger, but I am concerned about the environment," Mr. McCully said.
He intends to buy an aerodynamic Kenworth truck for $114,000 -- less than he would have expected to pay if the economy
wasn't in recession. Its fuel economy is rated at seven to nine miles per gallon, a 25% to 30% improvement over what he's
getting with his lo-year-old rig.
Write to Rebecca Smith at rebecca.smith@wsj.com
Copyright 2008 Dow Jones & Company, Inc. All Rights Reserved
This copy is for your personal, non-commercial use only, Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. F,
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\~';
http://online.wsj.comJarticle/SB 122930 166102105501.html 2/13/2009
,..r.'qi California Environmental Protection Agency I AIR RESOURCES BOARD
# ."r
>.I "" ~~~.
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OVERVIEW OF THE
Proposed Regulation to Reduce Emissions from
In-Use On-Road Diesel Vehicles
New rules to achieve significant emission reductions and protect public health
On December 11,2008, the California Air Resources Board (ARB) will consider a new regulation to
significantly reduce emissions from existing trucks and buses operating in California.
Why is ARB staff proposing this regulation?
Most diesel trucks and buses, which can last 20 years or longer, have little or no emission controls.
As a result, these vehicles emit large amounts of oxides of nitrogen or NOx, which contributes to
high levels of smog throughout the state, and soot also known as particulate matter or PM, which
is toxic. All told, trucks and buses account for about 30 percent of the statewide emissions of
NOx and about 40 percent of all PM emissions. Emissions from trucks contribute to many adverse
health effects, including about 4,500 premature deaths per year. Reducing emissions from in-use
trucks and buses is necessary to meet federally imposed clean air standards and to reduce the
adverse health effects from truck pollution.
What types of vehicles would be subject to the regulation?
Affected vehicles include on-road heavy-duty diesel fueled vehicles with a gross vehicle weight
rating (GVWR) greater than 14,000 pounds, yard trucks with off-road certified engines, and diesel
fueled shuttle vehicles of any GVWR. Out-of-state trucks and buses that operate in California are
also subject to the regulation. Drayage trucks and private utility-owned vehicles would be subject
to the regulation beginning January 1, 2021.
Who must comply with the regulation?
Any person, business, school district, Tribal reservation, or federal government agency that owns,
operates, leases or rents affected vehicles. The regulation also establishes requirements for any
in-state or out-of-state motor carrier, California-based broker, or any California resident who hires
or dispatches vehicles subject to the regulation. In addition, California sellers of a vehicle subject
to the regulation would have to disclose the regulation's potential applicability to buyers of the
vehicles.
What industries and types of fleets would be subject to the regulation?
Approximately 170,000 businesses in nearly all industry sectors in California, and almost a million
vehicles that operate on California roads each year would be affected. Some common industry
sectors that operate vehicles subject to the regulation include: for-hire transportation, construction,
manufacturing, retail and wholesale trade, vehicle leasing and rental, bus lines, and agriculture.
What would the regulation require?
The regulation would require fleets to install exhaust retrofits that capture pollutants before they
are emitted to the air, and to accelerate vehicle replacements to those with cleaner engines. The
regulation does not require any vehicles be replaced before 2012, and it never requires all the
vehicles within a fleet to be replaced in a single year.
In general, the regulation would require owners to reduce emissions in their fleet by upgrading
existing vehicles by using one of three compliance options. The first option would be to install PM
retrofits and replace vehicles (or engines) according to a prescribed schedule based on the existing
engine model year. The second option would be to retrofit a minimum number engines each year
with a high level PM exhaust retrofit and to replace a minimum number of engines meeting the
2010 new engine standards. Finally, the third option would be to meet a fleet average. With this
option, a fleet operator could use PM and NOx emission factors established by the regulation to
calculate the average emissions of the fleet. Then, by the applicable compliance date each year,
the owner would have to demonstrate that the fleet average emissions for PM or NOx did not
exceed the PM and NOx fleet average emission rate targets set by the regulation.
Are there special provisions for low-use vehicles?
Yes, low use vehicles (that operate less than 1,000 miles and less than 100 hours per year in \l\4
California) are exempt from the vehicle cleanup requirements of the regulation. Depending on
the weight class of the vehicle, those operating less than 7,500 (greater than 33,000 pounds gross
vehicle weight rating (GVWR)) or 5,000 (less than 33,000 pounds GVWR) miles per year would not
be subject to any engine or vehicle replacement requirements until January 1, 2021, but would still
be required to have a PM control device.
What other special provisions are provided?
The proposed regulation also has a number of provisions or delays for low-use vehicles,
agricultural vehicles, certain unique vehicles, and vehicles operated in cleaner areas of the state.
However, by January 1, 2023, all engines would meet the 2010 new engine emission standards.
What if a diesel retrofit is not available or can not be safely installed for a particular vehicle?
If a vehicle cannot be safely equipped with the highest level verified PM exhaust retrofit, the fleet
owner may request a one-year extension of the PM compliance deadline. The owner would have
to provide documentation to support its claims.
When does the regulation take effect?
For most fleets, the first performance requirements for PM would not begin until January 1, 2011,
followed by the NOx requirements in 2013. For fleets with 3 or fewer affected vehicles, none of
the performance requirements would begin January 1, 2013. The regulation would be phased in
through January 1, 2023.
What are the requirements for school buses?
School buses would only be required to meet the proposed PM requirements and would be
subject to several special provisions and timetables specifically designed for school buses. School
buses manufactured prior to April 1, 1977, will be required to be removed from service by January
1, 2012. All remaining buses may meet one of the three proposed compliance options. A different
PM compliance schedule has been proposed for school buses, with school buses having 2000 and
newer model year engines have to install PM retrofit devices by the beginning of 2011.
What are the estimated benefits of the regulation?
The regulation is projected to provide significant diesel PM and NOxemissions reductions that
would have a substantial positive air quality impact throughout California. PM emissions are
projected to be reduced by about 13 tons per day in 2014 and 3.5 tons per day in 2023. NOx
emissions are projected to be reduced by about 124 tons per day and 98 tons per day, for 2014 and
2023, respectively. These reductions are critical towards meeting federal clean air standards. The
regulation would also reduce diesel PM emissions by the maximum level achievable from in-use
on-road diesel vehicles.
Staff estimates that approximately 9,400 premature deaths statewide would be avoided by the
year 2025 from the implementation of the regulation, and would provide associated health benefits
would of $48 to $69 billion.
What are the estimated costs?
The total increased cost of the regulation is estimated to be $5.5 billion (2008 dollars). While it is
expected that most fleets will pass through these costs their customers, this is expected to result
in a negligible impact on consumers, equating to about a few cent increase for a pair of shoes, less
than one one-hundreth of a cent increase per pound of produce, or an increase of from $3 to $10
for a new car.
Is Incentive money available?
Ves, incentive money is available. Please see the related fact sheet on incentive money for
additional information.
Where can I find more information about the regulation?
The staff report and technical support document for the proposed regulation are posted at http://
www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm
For additional general information
Please contact ARB's diesel hotline at (866) 6DJESEL (634-3735). Vou may also obtain this
document in an alternative format by contacting ARB at: (916) 322-4505 (voice); (916) 324-9531
(TDD, Sacramento area only); or (800) 700-8326 (TDD, outside Sacramento). TTVrrDD/Speech-to-
Speech users may dial 711 for the California Relay Service.
www.arb.ca.gov PO BOX 2815 SACRAMENTO CA 95812 (800) 242-4450 ONRDTRKOVRVW-01 REVISED 12/9/08 \4S
LINDQUIST&VENNUMi: Minneapolis' Denver
LB Guthrie 4200 IDS Center
(612) 371-3942 80 South Eighth Street
Ibguthrie@lindquist.com Minneapolis, MN 55402-2274
www.lindquist.com Phone: (612) 371-3211
Fax: (612) 371-3207
February 23, 2009
Mark Noble, Planner II
Shakopee City Hall
129 South Holmes Street
Shakopee,~ 55379
Re: Case Number 08-067
Applicant Interstate Companies
Dear Mr. Noble:
This letter is submitted to respond to attorney Karen Marty's correspondence dated February 5,
2009 ("Marty Letter"). There are a number of inaccuracies, misconceptions and incorrect
assumptions that seem to form the basis of much of the Marty Letter. Because of this, I believe
much of Ms. Marty's arguments, although very well presented, simply are off point or
inapplicable. I will thus not respond to the Marty Letter on a point-by-point basis, but rather
conceptually.
Apparently, Ms. Marty was involved in I-State LLC's 2006 application, as the Marty Letter
references the 2006 matter and applicant (I-State), rather than the current (2008) matter and the
current applicant, Interstate Companies. I-State's requested use in 2006 did include some semi
truck sales to trucking companies and individual truck drivers. That use, however, was placed as
a part ofI-State's facility recently built in Inver Grove Heights and is a not part ofInterstate
Companies' current application. That is to say, truck sales are not now a part of the use for the
Shakopee site.
Although I-State (and its truck sales) is not part ofthe current application, Interstate Companies'
division, Interstate PowerSystems, is. Interstate PowerSystems primary business centers around
diesel engines. Although the bulk of its business by far relates to the repair and maintenance of
diesel truck engines (which I will address below), the bulk of the Marty Letter is devoted to
attacking a small part of Applicant's business dealing with "sales." So I, too, will start with the
"sales" issues: The "sales" portion ofInterstate PowerSystems' business is primarily in diesel
generators for industry and businesses (not consumers). These businesses consist of schools,
hospitals, local governlnents, commercial businesses, etc. The bulk of all sales are arranged by
Interstate PowerSystems from the manufacturer direct to the business. In addition, Interstate
PowerSystems services diesel engines (whether in trucks or as part of the generators).
Accordingly, parts for this maintenance/repair work are stored on site for that purpose. Because
the diesel generators are very large, most of the servicing for the generator diesel engines will
Doc# 2869687\2
\4(J
Mark Noble
February 23, 2009
Page 2
occur not at the Applicant's site, but at the business' site, where the diesel generators are located.
However, some servicing will occur at the Applicant's site, and of course most of the diesel
trucks are serviced on site. In addition, some of the business clients maintain their own diesel
generators and may come to the Applicant's site to acquire parts (all of the forgoing to be
collectively hereafter referred to as the "Interstate PowerSystem Use").
The Marty Letter does not adequately describe the Interstate PowerSystem Use. Ms. Marty's
misconception of the Interstate PowerSystem Use is evident, as she analogizes the use to a
"Target Store," a pure retail use. To the contrary, the Interstate PowerSystem Use seems to fall
clearly within a permitted use of S 11.44, subd. 2C of the City Code which is: "establishments
supplying goods or services primarily to industrial uses". That is certainly the case
notwithstanding the fact that a few small sales, of some ofthe smaller diesel generators to
businesses or parts to businesses maintaining their own generators, may occur. Such occasional
sales do not detract from the Interstate PowerSystem Use being primarily the supplying of goods
(diesel generators and parts) and services (maintenance and repair of diesel generators) for
industrial uses. The City Code defines "retail" as "the sale of goods or services directly to the
ultimate consumer" (City Code S 11.02, subd. ] 16). The Interstate PowerSystem Use is not to
consumers but to businesses. The Interstate PowerSystem Use does not fit within either the
City's definition of "retail" or the common conception of the word "retail" which connotes a
business dealing with John Q Public, as opposed to a business to business transaction.
But even if we were to assume that the "ultimate consumer," as used in the Code, was meant to
include businesses (in addition to individuals), and thus arguably resulting in a very small
portion of the Interstate PowerSystem Use constituting "retail sales" under the City Code, then
the conditional use, which Applicant has requested, would apply; viz., City Code S 11.44, subd.
3E: "retail sales of products manufactured, fabricated, assembled, or stored on site". In the
Marty Letter it is argued that goods brought in and stored on site for the sole purpose of then
selling them at retail, does not come within the scope of this conditional use. While that
argument may hold some validity, the underlying assumption to that argument does not hold true
with respect to the Interstate PowerSystem Use. The occasional parts being sold to business
customers from the site are parts being stored on site primarily for use by Interstate
PowerSystem in connection with its repair and maintenance operations. Thus, the conditional
use would clearly encompass the Interstate PowerSystem Use.
There remains, for discussion, the conditional use, which the Applicant has requested, to deal
with servicing diesel engines in semi trucks, which City Code S 11.44, subd. 3C would seem to
require, since it would appear to fall within the meaning of "vehicle repair" (which is a
conditional use). It should be noted that the repair of diesel engines is an allowable use. For
example, the Interstate PowerSystem Use consisting of the repair of the diesel engines for
generators (divorced from any sales) does not require a conditional use. It clearly falls within
the permitted use of "supplying goods or services primarily to industrial uses". The fact that in
addition to generator diesel engines, Applicant is also going to maintain and repair diesel engines
that are within semi trucks is what necessitates the conditional use permit. How does this fact,
i.e. that the diesel engines are within a vehicle impact the neighbors? Although it perhaps could
be argued that sound from the diesel engines, and emissions emitted therefrom could potentially
Doc# 2869687\2
\Ll1
Mark Noble
February 23. 2009
Page 3
have an impact (even though all the reports and other expert evaluation evidence submitted has
indicated that the change and design of applicant's site plan including the additional distance
from the neighborhood results in a zero/negligible impact to the neighborhood in this regard)
those issues really result from the operation of the diesel engine themselves (which is a permitted
use) and not due to the fact that they're within a motor vehicle. No, I believe the only real
additional impact of having the diesel engine within the motor vehicle would be that it's much
easier to get the diesel engine to the facility and, thus, it would seem that a higher frequency of
trucks coming to the site might be an appropriate objection. However, even this objection does
not hold water since the Applicant has proposed only approximately, 110,000 sf of building on
17.46 acres ofland. That is only a 14.5% site coverage. A typical warehouse/office use
(another permitted use within this zone) would have closer to a 30% coverage, which would
translate into more car and truck traffic. The traffic study submitted by the Applicant supports
this reasoning. Thus, it's clear that additional traffic due to this conditional use (repair of
vehicles) is less than what could be permitted by the zoning for other permitted non-conditional
uses.
I believe the foregoing addresses the most serious misconceptions raised by the Marty Letter. I
would simply note that the Marty Letter in its final paragraph, concludes that the requested
conditional uses "would seriously undermine the value of [the neighbors] property and quality of
their lives." To which I would simply say that the statement is totally divorced from the facts at
hand. Clearly the: "supplying of goods and services to industrial uses" is a permitted use in this
I-I zone; as is warehousing and wholesaling; as are office uses (City Code S 11.44, subd. 2A, C,
and G). So the only appropriate questions are these: (i) does the fact that a few business
owners of diesel generators will stop by the Applicant's premises to purchase parts for their off
site generators undermine the value of residential property 600 feet away? (ii) Does the fact that
the office use is separated rather than attached to the service use, both of which are located 600
feet away from a residential property undermine the value of the property? I think to simply ask
these questions make the answer self evident: NO. What the Marty Letter truly is arguing for is
no industrial use, but the fact is, the Applicant's land is in a zone for industrial use.
In sum, the conditional uses which are being requested by Applicant has no impact or any
deleterious effect upon the neighborhood above that of uses which are permitted under the
current zoning, and thus there is no reason for the denial of such conditional uses.
Respectfully submitted,
';/p~
c==:
LB Guthrie
cc: Jim Thompson, City Attorney
. Dale J. Glowa, UP Investment
Paul A. Holmes, Pope Associates
Steve Irwin, Pope Associates
-
Doc# 2869687\2
'4$
Mr. Gordy Galarneau February 24th, 2009
Interstate Companies, Inc.
2601 American Blvd East
Minneapolis, MN 55425
In re: Market Study of the Impact the Proposed Interstate
Development in Shakopee, Minnesota will have on Nearby
Single-Family Home Values
Dear Mr. Galarneau:
Pursuant to your request, I have made an inspection and analysis of the above
referenced development site and the surrounding neighborhood for the purpose
of determining if the proposed Interstate Development will have an impact on
the nearby single-family residential home values. This market study and its
related opinions have an effective date of February 17th, 2009. This date
corresponds to the date of inspection of the development site and surrounding
neighborhood.
Interstate Company intends to construct a free-standing corporate headquarters
office building and a separate repair facility to provide service to commercial
trucks including routine maintenance (oil change, tune-ups, etc.), as well as
performing major and minor repairs to engines and drive-trains. The proposed
improvements will have the following characteristics:
. Development site consists of 17.46 acres in the southwest corner of
County Road 101 and Shenandoah Drive in Shakopee, Minnesota
(excludes excess land located along 4th Avenue East)
. The proposed development will consist of a one-story office building
containing roughly 21,000 square feet of building area and a one-story
office/service building containing approximately 86,000 square feet of
building area. The service building will contain 19 service bays and
have a clear height of 24'. The site will have a surfaced parking lot to
accommodate nearly 300 cars, 36 trucks, and 32 trailers.
. The proposed use on the site in the I-I, Light Industrial Zoning District
would require a conditional use permit from the City of Shakopee to
allow for two buildings on one lot, outdoor storage, vehicle
maintenance/repair, and retail sales of goods stored on-site. The
outdoor storage would consist of trucks and trailers waiting to be
repaired. The vehicle repair/maintenance would take place inside one
of the service bays. All retail goods stored on-site will be stocked
inside one of the proposed buildings.
<<;) 2009 by Nicollet Partners \ t\'l
Mr. Gordy Galarneau February 24th, 2009
Interstate Companies, Inc. page two
It is understood that Interstate Companies may use this opinion as part of the application to
obtain a. conditional use permit from the City of Shakopee. Thus, the City of Shakopee planning
officials and members of the City Council are also intended users of this report. This report has
no other purpose or intended users.
This appraisal report has been prepared in conformity with the Code of Professional Ethics and
Standards of the Professional Appraisal Practice of the Appraisal Institute, which include the
Uniform Standards of Professional Appraisal Practice (USP AP). This report is conveyed in a
summary report format as outlined in USPAP.
This opinion has an effective date of February 1 th, 2009. The conclusion on the next page is
supported by the following items that will be discussed/illustrated in the body of the report:
. The pr'ifosed Interstate development site is setback 415 feet from the northerly curb
along 4 A venue East and the proposed service building will be roughly 695 feet away
from the closest single-family home. As part of the development, a berm will be
constructed along the southern boundary of the development site and planted with
evergreen trees. The 415 feet just north of 4th A venue East is also owned by Interstate,
and is currently being marketed for sale. This area is not part of the proposed
development and any future development or use on this site would have to go through the
permit process to get approval. It is assumed this excess land will be developed with an
industrial use in the future.
. The Interstate development site will be accessed from Shenandoah Drive and the majority
of the incoming/outgoing traffic generated on the site will use Highway 101 versus 4th
Avenue East.
. The Interstate development site and the surrounding undeveloped land have been guided
for light industrial use by the City of Shakojee for 15+ years. Thus, the impact of a
future industrial use on the north side of 4 Avenue East on the nearby single-family
home values would have been accounted for at the time the homes were developed. In
fact, a 70 foot buffer zone was required to be put in place along the south side of 4th
Avenue East when the single-family subdivision was platted/developed in the late 1990's
to screen for future industrial uses.
. In addition to the vacant land guided for light industrial use, the neighborhood consists of
existing light industrial uses (including one with outdoor storage adjacent to the proposed
development site) as well as several heavy industrial uses on the eastern limits of the
neighborhood (specifically Certain Teed Roofing Products and Anchor Glass Container).
Furthermore, Canterbury Downs is located in the immediate area. Canterbury Downs
can produce high traffic volumes and noises during its peak hours of operations (i.e.
horse races or other outdoor track events that occur year around).
@ 2009 by Nicollet Partners \~O
Mr. Gordy Galarneau February 24th, 2009
Interstate Companies, Inc. page three
. The conditional use permit for two buildings on one site, vehicle repair/maintenance (that
occurs inside a facility), and the retail sale of goods stored inside a building generally
have no impact on nearby single-family home values. When the aforementioned items
are occurring indoors, it is unlikely many residents in the area will even know they are
occurring and the traffic generated by these uses is no more than what is typically
generated at a manufacturing facility or a distribution facility of similar size.
. A conditional use permit for outdoor storage can have a negative impact on nearby
residential property values when associated with a heavy industrial use (i.e. storage of
raw materials and finished product). However, the specific outdoor storage permit for
Interstate will be for storage of trucks and trailers while they are waiting to be repaired.
Short-term storage of trucks and trailers at distribution warehouse facilities is very
common and is considered a light industrial use. Although the purpose of the outdoor
storage is different at distribution warehouses compared to the proposed Interstate
development, the items being stored outside are identical. The Case Studies presented
generally support the opinion that a conditional use permit for outdoor storage of trucks
and trailers on the Interstate site will not influence the value of the nearby single-family
homes anymore than the existing surrounding industrial uses and vacant industrial land
that will be developed with light industrial uses at some point in the future.
As such,it is my opinion that the proposed Interstate development will not have a separate
measurable impact on the nearby single~family home values. In other words, the nearby
single-family homes values will not be impacted anymore than they currently are given 1) the
surrounding vacant industrial land, which presumably will be developed with industrial uses at
some point in time, 2) the existing nearby industrial uses which includes one with outdoor
storage, 3) the presence of Canterbury Downs.
Please call if you have any questions or comments after reading this report. It has been a pleasure
being of service on this assignment.
Cordially,
NICOLLET PARTNERS, INC.
:E~ 8~
Darren L. Browen
Senior Associate Appraiser
Certified General Real Property Appraiser
MN License No. 20306483
@ 2009 by NicolIet Partners \S\
CONCLUSION
In arriving at an opinion on whether the proposed Interstate development will have an impact on
nearby single-family residential homes values, the following items that were previously
discussed/illustrated were considered:
. The pr~posed Interstate development site is. setba~k .415 ~eet from the northerly curb
along 4 A venue East and the proposed servIce bUIldmg will be roughly 695 feet away
from the closest single-family home. The 415 feet just north of 4th Avenue East is also
owned by Interstate, but it is currently being marketed for sale. This area is not part of
the proposed development and any future development or use on this site would have to
go through the permit process to get approval. It is assumed this excess land will be
developed with an industrial use in the future.
. The Interstate development site will be accessed from Shenandoah Drive and the majority
of the incoming/outgoing traffic generated on the site will use Highway 101 versus 4th
A venue East.
. The Interstate development site and the surrounding undeveloped land have been guided
for light industrial use by the City of Shakoree for 15+ years. Thus, the impact of a
future industrial use on the north side of 4t Avenue East on the nearby single-family
home values would have been accounted for at the time the homes were developed. In
fact, a 70 foot buffer zone was required to be put in place along the south side of 4th
Avenue East when the single-family subdivision was platted/developed in the late 1990's
to screen for future industrial uses.
. In addition to the vacant land guided for light industrial use, the neighborhood consists of
existing light industrial uses (including one with outdoor storage adjacent to the proposed
development site) as well as several heavy industrial uses on the eastern limits of the
neighborhood (specifically Certain Teed Roofing Products and Anchor Glass Container).
Furthermore, Canterbury Downs is located in the immediate area. Canterbury Downs
can produce high traffic volumes and noises during its peak hours of operations (i.e.
horse races or other outdoor track events that occur year around).
. The conditional use permit for two buildings on one site, vehicle repair/maintenance (that
occurs inside a facility), and the retail sale of goods stored inside a building generally
have no impact on nearby single-family home values. When the aforementioned items
are occurring indoors, it is unlikely many residents in the area will even know they are
occurring and the traffic generated by these uses is no more than what is typically
generated at a manufacturing facility or a distribution facility of similar size.
Market Study Impact of the Proposed Interstate Development on Nearby Single-Family Home Values
~ 2009 by Nicollet Partners ,C;~
page 37
CONCLUSION
. A conditional use permit for outdoor storage can have a negative impact on nearby
residential property values when associated with a heavy industrial use (i.e. storage of
raw materials and finished product). However, the specific outdoor storage permi~ for
Interstate will be for storage of trucks and trailers while they are waiting to be repaired.
Short-term storage of trucks and trailers at distribution warehouse facilities is very
common and is considered a light industrial use. Although the purpose of the outdoor
storage is different at distribution warehouses compared to the proposed Interstate
development, the items being stored outside are identical. The. Case Studies presented
generally support the opinion that a conditional use permit for outdoor storage of trucks
and trailers on the Interstate site will not influence the value of the nearby single-family
homes anymore than the existing surrounding industrial uses and vacant industrial land
that will be developed with light industrial uses at some point in the future. Conclusion
As such, it is my opinion that the proposed Interstate development will not have a separate
measurable impact on the nearby single-family home values. In other words, the nearby
single-family homes values will not be impacted anymore than they currently are given 1) the
surrounding vacant industrial land, which presumably will be developed with industrial uses at
some point in time, 2) the existing nearby industrial uses which includes one with outdoor
storage, 3) the presence of Canterbury Downs.
Market Study Impact of the Proposed Interstate Development on Nearby Single-Family Home Values
~ 2009 by Nicollet Partners \~';
page 38
Kenneay Offices in 47lJ U.S. Bank Plal"l
, ;WlJ SlIuth Sixdl Strcct
Minneapolis I\'linneapolis. MN 55402
Graven Saint Paul (612) 337-9300 telephonc
(612) 337-9310 lax
St. Cloud Imp://w\\'\\'. kcnncd)'-gnl\'cll.culll
C H ART E .R E 0 Affirmative Action. EqU:ll Oppurtunity Empluyer
'MEMORANDUM
TO: Mark Noble, Planner II
FROM: James Thomson, City Attom~)
DATE: March 5, 2009
RE: I-State, LLC Plat and Conditional Use Permit Applications
I am writing this memo to follow up our phone conversation with respect to the I-State
application. In particular, you have asked me to comment on the February 5, 2009 letter from
Karen Marty.
Ms. Marty's letter is virtually identical to the letter that she wrote on June 28, 2006 with
respect to the previous I-State application. Much of what is contained in the February Slh letter is
out of date because I-State's application has been revised. Iresponded to Ms. Marty's June 28,
2006 letter in my July 3, 2006 memo, a copy of which has been fumished to the Planlling
Commission. My conclusions in that memorandum have not changed. If anything, the fact that
I-State has revised its application so that it no longer illvolves the retail sales of vehicles
strengthens my conclusion that the proposed use is an allowable conditional use in the I-I
district.
It is my understanding that some issues are still unresolved with respect to the types of
conditions that the City can impose. The Planning Commission and City Council have wide
discretion with respect to such conditions. The conditions must, however, reasonably relate to
the proposed use on the property. I understand that the applicant has raised some cOncems
dealing with the hours of operation and conditions relating to the idling of vehicles, the closing
of overhead surface doors, and equipment and generators being used and stored indoors. All of
those types of conditions are ones that cities have authority to impose as part of a conditional use
pemlit process. The facts of the particular application must, however, be considered to ensure
that the conditions are reasonable. Again, the Planning Commission and the City Council have
wide discretion in thatregard.
If you have any further questions with respect to this matter or any specific conditions
being proposed, please do not hesitate to contact me.
. 348196vnn-SHlS;:;T78 \c?~.
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
&
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
CHARTERED
MEMORANDUM
TO: Mayor and City Council
. FROM: James Thomson, City Attorney
DATE: July 3, 2006
RE: I-State Subdivision and CUP Application
Back2round
The purpose of this memo is to respond to legal issues pertaining to the I-State matter. I-State
has submitted two applications to the City: (1) A subdivision application; and (2) a conditional
use permit application. The staff report adequately summarizes the details of I-State's
applications, so I will not repeat those details in this memo. Lee Henderson, I-State's attorney,
and Karen Mary, the attorney for some nearby residents, have submitted letters setting forth their
respective legal positions. I will separately address the legal issues associated with each
application.
Subdivision Application
The issue involved in a subdivIsion application is whether the proposed lots meet all of the
requirements in the city's subdivision regulations. A city does not have discretion to deny a
preliminary plat that meets all the requirements of the city's subdivision regulations. PTL, LLC
v. Chisago County, 656 N.W.2d 567 (Minn. Ct. App. 2003). The ultimate use of the property is
not a factor in deciding whether a preliminary plat should be approved. Hurrle v. County of
Sherburne, 594 N.W.2d 246 (Minn. App. 1999); Good Value Homes. Inc. v. City of Eagan, 410
N.W.2d 345 (Minn. App. 1987).
Ms. Marty contends that the preliminary plat may be denied because the proposed uses are not
allowed in the I-I District. Based on the court decisions cited above, I disagree with that
conclusion. The preliminary plat application must rise or fall based on the standards in the city's
subdivision regulations, not on whether the uses are allowed in the I-I District.
Conditional Use Permit Application
City staff has concluded that the proposed use for Lot 1 comes within the definition of "retail
sales of products manufactured, fabricated, assembled, or stored on site." In addition, staff has
1 \-:;5
concluded that a portion of the proposed use constitutes "vehicle repair," which is also a
conditional use in the I-I zone. Finally, city staff has concluded that the proposed use is similar
to other use permitted in the I-I district, particularly "commercial vehicle rental facilities."
Pursuant to Section 11.44, subdivision 3, paragraph P, the Board of Adjustments may make a
determination that the proposed use is similar to other conditional uses in the District.
Ms. Marty contends that semi-truck sales belong in the 1-2 district. To support that contention
she relies on the conditional use of "retail sales of heavy industrial, manufacturing, or
construction machinery or equipment." As I understand the nature of I.State's application, it
does not involve the sale of any ofthat type of equipment.
Mr. Henderson contends that the proposed use on Lot 1 is a permitted use in the I-I zoning
district and that there is no need to obtain a conditional use permit. Mr. Henderson bases his
contention on the permitted use of "establishments supplying goods or services primarily to
industrial uses." The City staff has not analyzed the use as being a permitted use under that
classification and the issue is moot because even if the use was covered by that provision, I -State
would still need a conditional use permit for the vehicle repair portion of its operation.
Ms. Marty contends that the word "stored" must be read in light of the phrase "manufactured,
fabricated, assembled." She contends that the word "stored" only applies to products that are
also "manufactured" "fabricated" or "assembled" on site. I do not agree with that conclusion.
Section 11.44, subdivision 3, paragraph E uses "or," not "and." The use of the disjunctive
terminology clearly means that the phrases are to be interpreted independently. In other words,
the products need only be manufactured, fabricated, assembled, Q! stored on site.
Ms. Marty also contends that even if the use is a conditional use, it does not meet the standards
in Section 11.88 and because the use would be injurious to the use and enjoyment of other
property in the immediate vicinity. Section 11.88, subdivision 2 states that the Board of
Adjustment will consider the standards contained in that subdivision when deciding whether a
conditional use permit should be granted. Prior to 2003, subdivision 2 stated: "No conditional
use permit shall be granted in the industry zones unless the Board of Adjustment and Appeals
determines that each of the following specific standards will be met."(emphasis added) The
purpose of the 2003 amendment was to make the standards in Section 11.88 discretionary, not
mandatory. Whether I-State's proposed use meets the standards is a factual determination that
needs to be made by the Board, and ultimately by the City Council if there is an appeal.
Conclusion
The Board of Adjustments can reasonably conclude that I-State's proposed use on Lot 1 is a
couditional use in the I-I zoning district because:
1. It involves the retail sales of products stored on site;
2. The use involves vehicle repair; and
3. The proposed use is similar to other uses in the I-I district.
2 \<;(0
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Sales Service Body Shop Parts Inventory Finance Contact Locations Employee Home
Minnesota Locations
I-State Truck Center has locations in both Minnesota and Montana. Both Minnesota locations are conveniently located in the
Twin Cities metropolitan area, and the two Montana locations are in the popular Billings and Great Falls areas.
,
Inver Grove Heights Blaine
11152 Courthouse Blvd. 8950 EIQorado Street NE.
lnver Grove Heights, MN 55077 Blaine, MN ,55449
Phone (651) 455 9775 Phone: (763) 785-6900
Fax (65Vc 457-3209 Fax: (763~ 784-2233
Service ax (651) 455-9497 Toll Free: 8(6)-507-4113
Parts Fax (651) 455-9671
Toll Free (888) 377-6590
Monday-Friday Monday-Friday
6:00 AM-Midnight 6:00 AM-Midnight
Saturday Saturday
6:00 AM-4:30 PM 6:00 AM-4:30 PM
Sunday Sunday
6:00 AM-4:30 PM
6:00 AM-4:30 PM
S~IvicE;LQ~QJj;ment SelJ{lJ;~J::!m:1artment
PartsJ)J:.R_~rj;meill f'.arts D_~iLrt.mel]t
.69.gy: Shop
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USED TRUCKS I SERVICE SHOP I BODY SHOP I SERVICE SPECIALS I SERVICE APPOINTMENT I PARTS I INVENTORY I FINANCE I CONTACT I LOCATIONS I LOGIN I HOME
FREIGHTLlNER! Isuzu I EAST TRAILERS I THOMAS BUILT BUSES I STERLING I WESTERN STAR
\51
http://www.istatetruck.com/locations_minnesota.aspx 1/27/2009
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Home> About Us > History HISTO "j{
--~-----------'"----~-------_.-_._~--_._._---
Founded in 1957. Intelstate was one of the world's first Detroit Diesel
Engine dislribulolS. Our early focus was product service and support. and
our service olferings remain one of \he COl11efStones of our business. With
\he addllion of Allison Transmissions, that business quiddy expanded \0
include .engine and sates of automatiC transmission sales and service.
Interstate then broadened its offerings \0 indude Power Generation and
Canier Transport Refrigeration, expanding our terrilOIY \0 include nine
Midwest and Western states. Industrial Bearing and Power Transmission
produds were added in 1992.
Interstate now consists of fllree operating units: Interstate PowerSystems. \.'- ';~ ,
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products of each unit differ. one constant theme remains - our
uncompromising dedication to superior service and outstanding technical -
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@ 1997-2008, InterstaJ~C'm)panies.,Jnc, All rights reserved. Site by PLC Enterprises, LLC.
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Hom::Se~~~~~:S~~': ASSEMBLY SYSTEMS
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interstate AssemblySystems is a wond-class assembler of products and a
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Thanks to our dedicated Engineering Change Response (ECR) Team,
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confident that virtually any assembled product we provide will be on-time
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From basic wheel and tire assemblies, to complete transit bus assembly,
our breadth of experience can handle your project, big or small.
C_Qo!<,-<;:Un!"I1'!"J".A~>-em.fIDi.~l!gj~m~
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Industrial Bearings
Interstate BearingSystem!' is more than a traditional bearing house - we are a total system solution provider. By
keeping ample stock of inventory in local warehouses you can count on our branches having what you need from
bearings to seals and bens to gearboxes. Regardless of the industry you serve, your size, or whether you are in
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Home>whatWeD~e~:r~~~~ POWER GENERATION
Interstate PowerSystems has over 50 years of experience in the design,
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Considered by many business owners as an indispensable insurance
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I'm not here to talk about the building, site location or on-site business activities. '
Though personally I believe I-State is a heavy industry business that does not belong ih
a light industrial area, but I'll leave that deflhition to you and the council to determine.
There were a few points regarding traffie and test-drive routes that were brought up at
the last meeting that were... seemingly dismissed as "nothing to worry about".
· While the emphasis of these past meetihgs has focussed on what's happening
at the site, I think one thing that has been overlooked is the primary activity of
I-State .... that of getting the product in and out of this locati,bn.
. 1 heard mentioned at the last n1~etihg that typically there would be somewhere
around 24 Semi-Tractors, sometimes more (With or without trailerS) coming in to
the location each day for fitting out to customer specs.
Two things:
First, in a 12 hr day that's one truek every half hour travelling through
Shakopee. (One every 15 mihutes if you count the departure)
The second is the test drive. They will leave the site for the test drive and
subsequently return to the site.
In total that's 4 one-way trips.
If you do the math - on average that's one truck entering or leaving the site
and driving through parts of oUr city every 8 minutes.
To me, that puts I-State closer to the same ihdustrial category as Anchor Glass,
CertainTeed or the new FedEx site, and by nature of their business, their impact can not
be limited to just this location but will include a significant part of the city.
Relating to this is the route for bringing the Tractor Trailers (and any cargo - hazardous
or otherwise) in and out of the city.
Anyone who lives in the city knows the issue with access to 169 South from Hwy 100.
I'm not a truck driver and I don't know What's involved in a truck road-test, but I
assume a reasonable expectation would begetting it up-to-speed and under-load for a
certain period of time, or distance.
\loS
Pulling out of the site and travelling east on Hwy 100, there are 3 sets of stop lights
before reaching 169 North.
The first is at Canterbury (83) which is only 1-1/4 miles from the Shenandoah
intersection. I don't think this woUld allow a truck to get up to speed before
having to slow down and stop at the lightS.
The secohd is at Valley Fair - this 15 eVen shorter and only 1 mile from the..
Canterbury Rd intersection and will be problematic when traffic fills Hwy IOO
backing Lip from the lights as it does every year whenever Valley Fair is open.
I just don't see Hwy 101 as a viable test roufe.
I think the most likely route to take is:
Hwy 100 to Canterbury Rd to 169 South; Rundown 169 to Marschall, past the school
and back to 4th Ave or Hwy 101, or they;1I run down 169 to the south side of tOWn (here
at least they carl get up to 65 mph and freeway speeds), then past the cinema and
through the downtown on Hwy 101, back to {--State.
I'd like you to require that the applicant define what requirements are
needed for a test drive and based on that, where their primary routes will be~ in
addition to how these vehicles will be eht~ring and leaving our city.. Drily then
can you properly assess the true impact I-State will have on the cityat"'large.
My point is; that this type of business Won't just impact those who live east of MarsChall
and south of 101. It wilt impact a large pbrtior.l of Shakopee. And I think you OWe it to all
of the residentsdf the city to consider the entire business activity of I-State when
making your final decision on the C.U.P
Thank you.
Paul Terrizzi
Shakopee Resident.
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RE,CEIVED MAR 2 0
Conditions for Interstate CompanieslI-State Truck Center's Conditional
Use Permit
Residents of Pinewood Estates and Prairie Bend are in the opinion that the proposed Interstate
development is a heavy industrial use and not conducive to the nearby residential neighborhood. As
Shakopee taxpaying citizens and residents of the residential neighborhood, we respectfully request the
Shakopee City Council to review the following recommendations for conditions to be placed upon
Interstate Companies/I-State Truck Center if they are granted a Conditional Use Permit to allow for
multiple structures on one lot, vehicle rep~ir and outside storage of vehicles.
1. Proposed building layouts should be revised to require the two structures combined as one single
structure for lot one, as office buildings structures are not allowed in I-I zoning.
Light Industry Zone (1-1) does not permit detached office buildings. Offices are only allowed within
the principal structure and directly associated with another permitted use.
If Shakopee allows Interstate the freedom to rewrite a zoning ordinance of the city, they will open the
door to other businesses and companies who will request the same privilege and treatment.
2. I-State Truck Center/Interstate Companies properties shall build a solid berm along south property
line-of-thedevelopment currently known as lot one (located east of Sarazin Street and West of
Shenandoah Drive). The berm will consist of three consecutive sections of screening: an 8 foot
opaque fence constructed of maintenance :free, white vinyl, placed nearest the building site; grassed
earth must be no less than10 feet in total height above finish grade of the lot, with a gradual slope
of no less than 15 feet in total length along each side; and two rows of spaded spruce/white pine
trees, no less than 15 feet in total height with a minimum trunk size of a 2 ~ inches in diameter (as
measured 3 feet above.ground), planted in a staggered formation along the overall length of the
south end of lot one. The natural earth berm will be mowed; trees and sod will receive professional
care for growth and stability until established or the equivalent of 3 seasons. Any trees failing to
survive shall be replaced by a tree of grade per city requirement.
A berm height of 15 feet is necessary avoid headlight wash by covering the height of trailers on site
and a gradual slope of 15 feet on each side gives the berm a natural appearance. Spaded trees, the
same height as the earth berm (but not planted on top of the earth berm), and a strong trunk, are
needed for immediate screening purposes, as opposed to waiting 10 years for small trees to grow. An
8 foot fence is important for safety purposes, maintenance free white - vinyl allows some assurance that
the fence will maintain a clean appearance; however, "maintenance free" does not mean that it is free
from necessary repair.
The neighbors understand that the city has requirements for landscaping; however, this condition
takes into consideration the unique circumstances of the location of what we deem as heavy industrial,
near a residential neighborhood and the needs for detail to mitigate the height of vehicles located at
this sight. Interstate has also requested storage for generators which can reach up -to 14 feet in height.
This condition benefits the entire city of Shako pee, as we would like to maintain a neat clean
appearance as you enter our community and Interstate will obviously want their landscape to flow and
look natural and professional to welcome customers.
- .. - -- -- . - - - - - . --- \1<)
3. In lieu of the park dedication fee in the amount required by the City Code, Interstate shall dedicate
lot 2 (as identified in the preliminary plat) as an outlot (referred to as Outlot A) left for "public
open space". Existing vegetation will be scrubbed, leaving current "healthy" trees, as determined
by Woodland Management. Scrubbed vegetation will be replaced with trees consistent with the
berm located along the north side of 4th avenue; trees will consist of spaded seedless Maple trees,
no less than 10 feet in total height and a minimum trunk size of 4 inces in diameter or spaded
seedless Ash trees of no less than 10-12 feet in total height and minimum trunk size of a 3 inches in
diameter along with no less than 10 feet spaded spruce trees; trees will be staggered 8 to 10 feet
away from each other. Outlot A is to remain undeveloped for the life of the CUP, the life of
proposed plat, andlor until which time the adjacent residential properties are acquired and turned
into undeveloped land.
Outlot A (lot 2, block 1 of Interstate addition), never to be developed, will both buffer the residential
neighborhood from appearance of an industrial business and help create a balance the two zones. The
amount offootage is actually less thanthat of what was required of the Pinewood Homeowners
association in their development. Interstate should not be unfamiliar with this concept as the city of
Inver Grove Heights granted them a CUP with a condition that required them to deed a portion of
their property ~o the DNRfor "open space".
Refer to Section 12.34 Parks and Dedications. Subd I. Purpose.
4. All areas not occupied by buildings, parking, or driveways shall be professionally landscaped and
covered with turf grass, native grasses or other perennial flowering plants, vines, mulch, shrubs or
trees. These areas are to be maintained in a manner consistent with current Shakopee ordinances.
The location of this development is at the entrance to the city; a neat, clean, attractive appearance of
this business will be welcoming to customers of Interstate as well as visitors entering Shako pee and
homeowners living in Shako pee. The neighbors understand that Shako pee has a landscape ordinance;
however, this condition should not be disputed by Interstate as they have stated verbally and in writing
that their property will be professionally landscaped. This condition is specific to detail to ensure
quality of appearance.
5. I-State Truck CenterlInterstate Companies shall provide professionally landscaped islands to all
areas as depicted on city approved landscape plans.
A professional appearance needs to be carried throughout the property and should not be disputed by
Interstate as they have stated verbally and in writing that their property will be professionally
landscaped. This condition helps define "professionally landscaped" and specifies it to islands, where
motorized vehicles will not be driving.
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6. All landscaping must be properly installed and maintained. All plantings (trees, shrubs, plants, and
flowers) in appearance to fail to thrive must be replaced by a planting of equal or greater quality.
The Planning Department shall approve the fmallandscaping plan. The landscape'plan shall
include a detailed planting schedule, specific planting details as well as indicate wood mulch sites
and a maintenance plan approved by the city.
This condition will ensure that the property will maintain its high standard of quality of appearance
and will never look "run down" or have an "un-kept" appearance as we have seen at other of I~
State/Interstate's sites.
7. All outside areas for storage and movement of motorized vehicles shall be surfaced entirely with
asphalt or concrete.
Surfacing of outside areas where vehicle movement may occur is needed for overall circulation of the
development. A professional appearance needs to be carried throughout the property and no area
should have an "un-kept" appearance.
8. Barbwire fence material is prohibited on designated property owned by I-State Truck
CenterlInterstate Companies or any other entity.
Barbwire is dangerous and not necessary. Fencing can be taken care of by the maintenance free vinyl
fence.
9. I-State Truck CenterlInterstate Companies shall not operate any service or repair between the.hours
of 4:00 P.M. CST -7:30 A.M. CST, Monday through Friday. (Note that this 5 day work week
condition is consistent with the Project Narrative sent to Mark Noble, dated November 13,2008,
from Dale Glowa of United Properties.) Refrigerator truck repairs shall occur only during regular
business hours and shall be adhered to by federal law. Citations will be issued if service or repair is
observed or reported to city staff; after issuance of two citations, the Conditional Use Permit will
be revoked.
Since the introduction of this development, Interstate has stated in writing and verbally that their
business would be Monday through Friday. We are requesting that keep normal business hours,
similar to Shakopee Public Utilities. It is necessary to enforce these hours so this heavy industrial
business does not greatly diminish the enjoyment of neighboring residential property. Fortunately, 1-
State/Interstate operates other businesses in the twin cities area that are located in industrial zoning
and they can take after hour and weekend work needed They have stated that they will run a
"skeleton crew"; this should be defined as an on-call employee basis and not assumed a nightly
practice or norm.
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10. I-State Truck Center/Interstate Companies shall not operate any service or repair on weekends,
(Saturday and Sunday). Operations of all kinds will be closed on Thanksgiving, Christmas Eve,
Christmas Day, and Easter Holidays. Citations will be issued if service or repair is observed or
reported to city staff; after issuance of two citations, the Conditional Use Permit will be revoked
I-State has already stated that they are open 5 days a week, not including Saturdays and Sundays, this
condition confirms their promise to the city. No operations on the aforementioned holidays are
common with most businesses, and will negatively impact the personal enjoyment of the neighboring
community if on holidays the area is in operation.
11. I-State Truck Center/Interstate Companies shall have no sale of any fonn or type of equipment,
parts or material that take place on-site.
Sales on the facility require additional submission of a CUP, and in addition have certain ordinances
that must be followed if in a light industrial zone. The storage condition requested at this time is
alarming to the residents as the facility layout is the same as before, but larger and the phase one
presented today does not list sales but outside storage. In the future one can expect sales to evolve and
the zoning definition will be revised or "stretched" to accommodate this existing business at that time.
As residents, we purchased homes with the understanding we would be protected by the minimum
basics defined within our zoning, and the acijacent "light industrial" property would not revised to
negatively impact the neighboring region.
12. I-State Truck Center/Interstate Companies shall not conduct vehicle body work that includes
painting of any form or quantity on the site, with the exception to service to vehicles.
Body work and painting consist of additional dangers and this form of business has not been requested
and would need a CUP to conduct this service. I-State does body work at other facilities and
preliminary talks with the EP A has informed the neighboring community of dangers involved with this
work
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13. I-State Truck Center/Interstate Companies shall conduct all service and repair within an enclosed
structure (all service bay doors closed unless a vehicle is entering or exiting). Citations will be
issued if non-compliance is observed or reported; after issuance of two citations, the Conditional
Use Permit will be revoked.
As defined within current ordinances, noise restrictions are required and all business activities are to
occur within the facility. To ensure noise levels and repetitive noise will negatively impact the
personal enjoyment of the neighboring community bay door should be closed during the execution of
all work As with similar light industrial businesses, Seagate for example, the business does not openly
leave the facility doors open to the environment while construct andfabricating their products and
services. The previous comments made during 2006 were that this practice of leaving a bay door open
is not uncommon and most recently they have stated that they DO intend to have bay doors open
during hot summer days. Thisfacility should be constructed in a manner so as to not impact the
residential community, and thereby should operate as other light industrial businesses with the
community.
14. I-State Truck Center/Interstate Companies shall provide the city with road signs atthe comers of
4th A venue and Shenandoah and Highway 101 and Shenandoah, indicating "Main Entrance". Road
signs will be situated so traffic is directed away from 4th A venue to minimize impact upon
residential properties.
So as to direct traffic through the community in an attempt to minimize the community, signs shall be
posted directing drivers to certain locations of entrance. The signs will serve as a tool to minimize the
impact to the community. Interstate should either provide the city with directional signs or pay the city
to have them provided.
15. I-State Truck CenterlInterstate Companies shall have no outside signage display, of any form or
accessory structures of any form.
This condition is in line with city ordinance yet needs to be clearly spelled out for Interstate
Companies to ensure compliance.
16. Every exterior surface of any structure which has had a surface finish such as paint or stain applied
shall be maintained to avoid noticeable deterioration of the finish. No wall, fence or other exterior
surface shall have peeling, cracked, chipped or otherwise deteriorated surface finish. Any exterior
finish not maintained will be required to be updated within the quarterly reviews conducted.
This condition is in line with city ordinance yet needs to be clearly spelled out for Interstate
Companies to ensure compliance.
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17. I-State Truck Center/Interstate Companies shall keep all outdoor garbage dumpsters screened from
visibility and concealed within an enclosed structure, that is built of permanent construction
material consistent With construction material of main building structure; enclosed structure will be
enclosed 24/7 hours of the day. All excess storage of non-working truck components shall be
required to be stored within a building.
This should be aligned with city ordinance yet needs to be more specific due to the nature of this
business and planned uses.
This condition also refers to Section 10. 74 Junk Cars, Furniture, Household Furnishings and
Appliances Stored on Public or Private Property - It is unlawful to park or store any unlicensed,
unregistered or inoperable vehicle, furniture, household furnishings or appliances, or parts or
components thereof, on any property, public or private, unless housed within a building, and any
violation is hereby declared to be a nuisance.
18. All outside storage of refuse shall be enclosed on all four sides by screening compatible with the
principal structure not less than two feet higher than the refuse container. Refuse is considered any
object that is not an operable vehicle.
Outside storage of vehicles is requested, refuse (i.e. generators, refrigerator units) are not requested
as apart of this CUP.
19. Outside storage of vehicles is to be kept to a minimum of currently licensed vehicles that have an
approved work order and may not be left in the storage site greater than 10 calendar days. A
vehicle left in a storage location greater than 10 calendar days will be considered abandoned and
will be subject to removal by law enforcement.
Jeff Caswell, CEO of Interstate Companies, submitted a report to Mark Noble (1/23/09) stating that
"74% of repairs are complete within 24 hours and more than 90% are completed within a week
Storage periods are normally 1 day to a maximum of 5 days". In certain situations a part may need to
be ordered by that part should not take more than 5 working days to arrive. In other situations such as
difficulty repairing an engine to working capacity, if it is still unable to run by the tenth day it should
be considered inoperable. Given Mr. Caswell's report to the city staff, this is a necessary and
reasonable condition.
In addition, in this same report by Jeff Caswell, he states "when a recently purchased trailer fleet is
delivered for installation of refrigeration units, there may be up to 50 trailers on site",. in our opinion
this statement refers to a heavy industrial type of business.
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20. Vehicles which are inoperative shall not be stored for more than seven days; beyond seven
calendar days, an inoperative vehicle will be subject for removal by law enforcement.
This is city ordinance section 9.45 - Inoperable vehicles are defined as incapable of movement under
its own power and in need of repair.
Section 10.74 Junk Cars, Furniture, Household Furnishings and Appliances Stored on Public or
Private Property - It is unlawful to park or store any unlicensed, unregistered or inoperable vehicle,
furniture, household furnishings or appliances, or parts or components thereof, on any property,
public or private, unless housed within a building, and any violation is hereby declared to be a
nuisance.
21. I-State Truck CenterlInterstate Companies shall provide a large interior exit/entrance driveway to
allow visibility between vehicles entering and exiting the property, passing vehicles, bicyclists, and
pedestrians.
This is a safety precaution and Interstate will have a sidewalk by its property or across from its
property.
22. Shall have no on street parking; trucks and vehicles are not allowed to be in a parked position along
the shoulder of Shenandoah Street or 4th Avenue.
Off street parking of semi trucks or other vehicle is not allowed and if need be, Bruce Looney stated, at
the Planning Commission meeting 3/5/09, "No Parking" signs can be provided such as those by
Certainteed
City ordinance section 9.30 addresses no side parkingfor trucks.
23. The emission of smoke or particulate matter is prohibited where such emission is visible or can be
smelled beyond the property line. No, destruction of hazardous materials on the property can occur
through bum-off of the excess material tbroughengine idling or through a bum off container
(similar to an incinerator).
The condition will provide a small amount of protection for the environment as vehicle emissions and
hazardous materials is detrimental for the growth of a city.
This is also a public nuisance andfalls under City Ordinance; Section 1053 Public Nuisance, Subd. 2.
part C. Allowing noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare dust
or other adverse influences that in any way have an objectionable effect upon adjacent or nearby
property.
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24. I-State Truck Center/Interstate Companies shall obtain a hazardous waste license from the
Environmental Health Department of Scott County.
This condition is in line with city ordinance yet needs to be clearly spelled out for Interstate
Companies to ensure compliance. For example: Freon is a hazardous chemical that may likely be on
the premises of this type of business.
25. The emission of odorous matter in such quantities as to be readily detectable beyond the
boundaries of the immediate site is prohibited. The company will be required to perform testing to
ensure compliance to this requirement whereby they contract testing through a State authorized
representative.
Due to the high quantity of emission odors entering and exiting this location daily (except Saturdays
and Sundays) the Environmental Protection Agency should be invited, by Interstate, to monitor their
level or odorous matter.
This is also a public nuisance andfalls under City Ordinance; Section 1053 Public Nuisance, Subd. 2.
part C. Allowing noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare dust
or other adverse influences that in any way have an objectionable effect upon acijacent or nearby
property.
26. I-State Truck CenterlInterstate Companies must notify the fire chief any time a vehicle, containing
hazardous materials, arrives on site.
If a fire were ever to occur on site, the department will be prepared with necessary information to
control the hazard.
Section 10.36 Hazardous Materials (Subd. 1) - defines "chemicals" as all toxic flammable and caustic
chemicals and all materials in liquid, gas, and inert or solid form. (Subd. 6) A. It is unlawful for any
person to cause or allow any hazardous, flammable or toxic materials, liquids or gases as defined
herein to be improperly stored, spilled or dumped upon any premises owned or occupied by that
person.
27. Any use creating periodic earthshaking vibrations shall be prohibited, if such vibrations are
perceptible beyond the boundaries of the immediate site.
We have no idea, other than Interstate's word, what noise and vibrations will occur from the
dynometer running with the doors down.
This is also a public nuisance and falls under City Ordinance; Section 1053 Public Nuisance, Subd. 2.
part C. Allowing noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare dust
or other adverse influences that in any way have an objectionable effect upon adjacent or nearby
property.
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28. I-State Truck CenterlInterstate Companies shall provide a traffic analysis prepared by a
professional engineer, approved by the city, showing the following:
. Existing traffic volumes on affected streets;
. Anticipated traffic volumes on affected streets;
. Anticipated generation of test drive trips;
. Morning and afternoon peak hour traffic volumes at all driveways into the site;
. Recommended traffic management actions, including truck routing;
Evidence of an old traffic study was submitted but not sufficient given the growth of this city. The city
can anticipated greater traffic difficulties once reconstruction begins on County Road 83 and Highway
101. Interstate plans to begin developing at the same time County Road 83 begins its reconstruction;
the city needs to plan for construction traffic from the Interstate location and semi trucks from multiple
companies on the eastern end of lh Avenue.
29. Vehicle "test" routes shall be specifically identified in writing, approved by the Shakopee Planning
Commissioner and Shakopee City Council. Once approved, the vehicle test drives will be
conducted only on the specifically identified route. All parties performing a test will be
accompanied by a representative ofI-State or its affiliates. I-State Truck CenterlInterstate
Companies will be cited for vehicle test drives not conducted on the specifically identified and
approved route that is observed or reported to city staff; after receiving no more than two citations,
I-State Truck CenterlInterstate Companies will be fined.
Shalropee can not forbid trucks from driving on lh Avenue, but we can discourage it and Interstate can
discourage and show good faith in providing their customers with directions leading away from
residential areas. If Interstate services 30-50 trucks a day, they will need at least half of those test run
and a sufficient test pattern should be provided to the city to avoid delays (i.e. train, rush hour), wear
and tear on city roads, and nuisance patterns such as a U-Turn at the stop light of a major state
attraction - Valley Fair.
30. Property values will be guaranteed (in writing) as such that the property values will stay even with
other comparable properties in Shakopee of similar lot size, with homes of similar finished square
footage and/or total square feet, as well as year built.
The intense industrial nature of this type of business with outside storage will impact the adjacent
properties owners' ability to sell their properties, thereby causing undue hardship to the owners. The
business shall not be allowed outside storage or guarantee that the alijacent properties will be assured
the values of their real property. The applicant's contracted appraiser states, "outdoor storage can
have a negative impact on nearby residential property values, " (Nicollet Partners" 2009) when they
are associated with raw materials and finished products. The storage conditions at other I-State
facilities has been consistent with excess body parts, engine components, sheet metal, generators, and
excess materials similar to those found at a junk yard. These types of storage conditions are unsightly
and any excess noise / odors from this intense industrial use will impact the alijacent homeowners.
Although the applicant is trying to use, "the presence of Canterbury Downs, " and it's uses as a
deterrent, the current storage and uses are not consistent with current zoning ordiances.
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31. I-State Truck Center! Interstate Companies, nor other entity shall not repair or service more than
5% of vehicles from model year 2001 or older of any regular business day.
Interstate verbally stated at the Neighborhood Meeting last July that approximately 85% of the trucks
serviced at this proposed site will be 4 years old or newer. Jeff Caswell, CEO of Interstate Companies
wrote in a letter to Mark Noble, 1/23/09, "The vast majority of engines serviced at this location are
less than 5 years old and fully compliant with current emissions statues. "
Federal rule regarding standards for diesel truck emissions was final in2005. Given this ruling and
statements made by Interstate, they will work on engines of 2004 models that have not met these
emission standards and they will work on some that are of 2005-2009 which have met these standards.
If they service between 30-50 trucks on a daily basis, the minimum of old trucks serviced, that have not
met emission standards, will be less than 5%.
In addition, during this tough economic time, businesses will not be purchasing as many "new" trucks,
but rather running their trucks as long as possible to save money.
32. The I-State Truck CenterlInterstate Companies nor other entity shall have no more than two
vehicles or equipment idling for more than 15 minutes. No vehicle / equipment are to be left
running unattended at any time on facility grounds. Unattended vehicles! equipment left idling
will be considered abandoned and will be subject to removal by law enforcement.
More than two heavy industrial vehicles running simultaneously violates Shako pee 's noise ordinance,
creates odor detectable beyond the premises and adds to pollution in the River Valley.
Unattended vehicles is unlawful as cited in section 9.42, subsection 1: Engine running- it is unlawful
for any person to leave a motor vehicle unattended while the engine is running with the key in the
ignition (except police, fire, or other emergency vehicle).
33. To ensure compliance with the Conditional Use Permit's (CUP) granted to I-State Truck
CenterlInterstate Companies; during the time which a CUP is required, a representative ofI-State
Truck CenterlInterstate Companies, the City of Shako pee, and a Board Member of the Pinewood
Homeowners Association will meet once a quarter, for each of the next 10 calendar years, at the I-
StatelInterstate Companies Facility and walk through all current CUP conditions to verify
compliance to the CUP's issued. Any non-compliance issued found during these quarterly reviews
will need to be rectified prior to the next quarterly review, and if found out of compliance the next
quarterly review will immediately be brought in front of the City Council to be addressed to have
the CUP pulled from the company. Following compliance of the CUP of no less than ten years,
there shall be an annual review of this permit of each year I-State Truck CenterlInterstate
Companies or other entity that reside on the proposed property.
The City Council is not urifamiliar with business's violating their CUP; there are good examples of
this within the vicinity of this area. Whether the taxes a business generates is large or small, they need
to be in compliance with city ordinance.
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This condition will mitigate future violations or even simple "slips" of a city ordinance before it
happens. This condition will also save the city police department many answers to complaints by
citizens, time used for review CUP violations by city staff, the Planning Commission and possibly
back to City Council. It's time for the city to be more proactive than reactive, 20 minutes of time each
quarter is much less costly than thousands of dollars in man power after review and revocation of a
CUP.
34. All parties involved in the development site(s) ofI-State Truck Center/Interstate Companies shall
be provided insurance that will totally protect all home owners located within a radius of no less
5000 feet of the construction site(s). The insurance shall cover/protect against any and all damage
to their properties (including but not limited to sheet rock, foundation, masonry, windows,
landscape, existing forestation, etc.) caused by the construction, demolition, and/or excavation of
any and all dirt, gravel, bedrock, etc. from and on the construction zone(s)/ site(s).
This condition would mitigate damage to homes which have previously been affected by bedrock
blasting and this condition was verbally promised to neighboring residents, at the rt Planning
Commission meeting 1/8/09, in response to concerns from citizens in Shakopee living in the
neighborhoods of Pine Wood Estates, Prairie Bend, and Canterbury Point. Addressesfrom residents
testifYing at this meeting and meetings which followed were recorded for public record. There were
some critical details left out of this promise made by Dale Glowa, of United Properties representing
Interstate, he pacified residents who testified and said that Interstate would ensure protection to all
homes in the area affected by the Interstate Company development. The final promise Dale Glowa
made was that Interstate would carry homeowners insurance to protect homes within 600 feet of this
development. According to this statement, the homes directly across 4th avenue, closest to the site of
demolition, would not be ensured.
Although details of this condition are not common practice for granting of a cUP in Shako pee, the
question is; do verbal statements given at a public hearingfor public record, by companies or
companies representing another company, hold merit or are they "fluff" to quiet citizens and get their
foot in the door.
35. I-State and it's facilities will observe funeral proceeding in a respectful manner as not to disturb the
ceremony by excess noise (less than 55 decibels), working conditions (bay doors opening and
closing) and/or truck traffic while any and all ceremonies are in progress.
Acijacent to property owned by Interstate Companies is a cemetery which is the resting place of many
citizens from Shako pee, many who have fought for this country and they deserve respect similar to
what is given to a funeral procession on the road. An upstanding citizen or company will grant this
respect and this condition.
C:\I-State\Oocuments Final @ 2009 Jeff Pumper
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36. The applicant shall submit a plan illustrating anticipated site development for remaining properties,
or such property can not be developed by applicant or affiliates of the applicant for 5 years.
In a letter to Mark Noble, dated February 16,2009, Dale Glowa responds to a condition similar to
this, yet less restrictive in years, by stating the applicant has no development plans for the remaining
land. Given this statement, it is not unreasonableforlnterstate to develop lot 1, assess the success of
its location for possible expansion, develop new plans for a plat and buildings, work with city
engineers, and go through the process of meetings before the Planning Commission. This condition is
only unreasonable if Interstate already has plans underway.
This condition will allow the city an opportunity to assess "the positive and negative impacts this
company has on the city; therefore, gaining previous knowledge for future needs of this company to
enhance the city of Shako pee.
37. The city of Shakopee reserves the right to amend and add conditions to the conditional uses as
amenities are added or modified in any way.
This condition is necessary for city to secure the understanding of Interstate Companies and United
Properties that any change, (such as a change in hours), must be submitted to the city and approved by
City Council.
38. Any development of the site shall comply with the regulations of the Migratory Bird Treaty Act.
This act must always by complied with and was in need of compliance in 2006 when I-State Truck
Center planned for its 5 phase development plan, beginning with phase 1. However, after 2006, the
tree that was home to a migratory hawk for many years, disappeared!
C:\I-State\Documents Final @ 2009 Jeff Pumper
\~\
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As a Shakopee taxpaying citizen I am in the opinion that the proposed Interstate
development is a heavy industrial use and not conducive to the nearby residential
neighborhood. Due to the intrusive and intense nature of this business, I respectfully
request the Shakopee City Council hold a public hearing and adopt recommendations for
conditions from the neighborhood that include extensive screening, strict hours of
operation, as well as bay doors closed.
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As a Shakopee taxpaying citizen I am in the opinion that the proposed Interstate
development is a heavy industrial use and not conducive to the nearby residential
neighborhood. Due to the intrusive and intense nature of this business, I respectfully
request the Shakopee City Council hold a public hearing and adopt recommendations for
conditions from the neighborhood that include extensive screening, strict hours of'
operation, as well as bay doors closed.
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As a Shakopee taxpaying citizen I am in the opinion that the proposed Interstate
development is a heavy industrial use and not conducive to the nearby residential
neighborhood. Due to the intrusive and intense nature of this business, I respectfully
request the Shakopee City Council hold a public hearing and adopt recommendations for
conditions from the neighborhood that include extensive screening, strict hours of
operation, as well as bay doors closed.
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As a Shakopee taxpaying citizen I am in the opinion that the proposed Interstate
development is a heavy industrial use and not conducive to the nearby residential
neighborhood. Due to the intrusive and intense nature of this business, I respectfully
request the Shakopee City Council hold a public hearing and adopt recommendations for
conditions from the neighborhood that include extensive screening, strict hours of
operation, as well as bay doors closed.
Name: U~ Cook
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As a Shakopee taxpaying citizen I am in the opinion that the proposed Interstate
development is a heavy industrial use and not conducive to the nearby residential
neighborhood. Due to the intrusive and intense nature of this business, I respectfully
request the Shakopee City Council hold a public hearing and adopt recommendations for
conditions from the neighborhood that include extensive screening, strict hours of
operation, as well as bay doors closed.
Name:
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neighborhct:.:-i. Due to the intrusive and intense nature of this business, I respectfully
request the Sbakopee City Council hold a public hearing and adopt recommendations for
conditions from the neighborhood that include extensive screening, strict hours of
operation, as well as bay doors closed.
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As a Shakopee taxpaying citizen I am in the opinion that the proposed Interstate
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request the Shakopee City Council hold a public hearing and adopt recommendations for
conditions from the neighborhood that include extensive screening, strict hours of
operation, as well as bay doors closed.
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request the Shakopee City Council hold a public hearing and adopt recommendations for
conditions from the neighborhood that include extensive screening, strict hours of
operation, as well as bay doors closed.
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435 Ash Street
Shakopee, MN 55379
March29,2009
Mark Noble
Planner"
City Hall
129 S. Holmes Street
Shakopee, MN 55379
Re: Migratory Bird Act
Dear Mr. Noble:
One of the conditions recommended by the Planning Commission for a
Conditional Use Permit requested by Interstate Companies on March 5, 2009, was:
"Any development of the site shall comply with the regulations of the Migratory Bird
Treaty Act". This condition has also been requested by the neighbors to remain as
a condition for Interstate's Conditional Use Permit. The origin ofthis condition was
from a protected species of bird, red-tailed hawk, whose nest was discovered during
the process of I-State Truck Center's request for a Conditional Use Permit. This
hawk's nest discovered in 2006 was protected by the Migratory Bird Act which fully
protects migratory bird nests (16 U.S.C. 703); nest destruction that results in the un-
permitted take of migratory birds or their eggs is illegal and fully prosecutable under
this act.
As we know, I-State Truck Center pulled their request for a Conditional Use
Permit during the 2006 process with the city of Shakopee and has now returned as
Interstate Companies with another request for a Conditional Use Permit to develop
lot 1, of 5 lots. During the most recent meeting with the Planning Commission
(March 5th, 2009) Dale Glowa, representing Interstate Companies, requested that
the Planning Condition eliminate the condition of the Migratory Bird Treaty Act, and
stated, "At one point there was a hawks nest; that nest no longer exists so I assume
that can be stricken." Mr. Glowa is correct, he is aware that the nest is now gone;
the tree that was home to the hawk is also gone.
We understand that Interstate owns this parcel of land and after the eggs
hatch and leave the nest they are legally able to remove the tree. However, we feel
that we should notify the city that two hawks and multiple owls have recently. been
seen and heard in the area. Given this information, we strongly encourage the
applicant to contact the Minnesota Department of Natural Resources before
clearing, grading, onsite preparations, alterations, or any development begins on
the parcel of land to determine if there is an active breeding site of a protected
'/PS'
species on the site. Taking into consideration the aforementioned protected
species has been seen and heard by the neighbors, we highly recommend that a
city official educated in the area of wildlife, and/or a staff member from the Fish and
Wildlife Service Department of Minnesota, conduct a review of the proposed area
with the applicant or as otherwise recommended by the Minnesota Department of
Natural Resources. In addition, for purposes of the current CUP request, it is
deemed appropriate for the applicant to submit a complete report of the area
reviewed for the identified migratory bird species protected under this act.
Sincerely,
~O(g
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C E I Shenandoah Orivo and 4th Street.
X ^ ~~-~~
E \ I BII f3.) Top of top nu' of fire ")'dronl In th. NE com... of
\ I Sara2:ht Sfntet. arwJ4th Street.
I I t" \\~~ ...,~ EI_lIon - 754.35 foot
^ DevaUanI lIhawn are bD8ed on Mlnneeob:l Htghway DepCIf"t:rnMt
\ I _ . EAST UNE Of THE SE 1/4 ~ C) bench mOM (NGVD29 Dclum) .nd _ by th. Engln_n.
PID 27905D24O ~ :g Of THE NW 1/4 Of SEe. 5 !lop_I .1 the City of Shokop_
I \~~!:!~
\ ~ Iii .... LOT I
,,~ ~'" LlliEIiII.
\ \ ... <.l I \ CB 0.._ oct.. booln
WEST UNE O~ THE NW 1/4 OF - ~ ~ ~~ g:::: =~n'=tlan box
SEC. 5. lWP. 115. RGE. 22 NORTH UNE Of THE SOUTH 639.08 FT Of ILl!; C' ~ CIlH Deno'" communication m...hol.
r THE WEST 123491 FT Of THE NW 1/4 Of 0 ~EAST UNE OF THE WEST 1/2 Of THE 759 504 SO FT , CIlP 0..01.. comlValod mot., pip.
SEe. S, 'TWP. 115. RGE. 22 ~~ NW 1/4 OF SEe. 5, TWP. 115. RGE. 22 17.4Je AcREs' ... ~ ~.';. g::: ~=:.~.::r
... 30 l.--- HHC Denot.. communicatlon hand hol.
!\! ~ WEST UNE OF THE EAST 1/2 Of THE ~~ g::= =.~:"~_
'" j!; NW 1/4 Of SEC. 5. lWP. 115. RGE. 22 LP 0..01_ Ughl pel.
I ~:: ~ g:: ~~=I=:'::plpe
502.43 n 550.00 ~o:=n =- g:::: == C:an~llllghbf
I I -v- 1l!!Jl.:!?__________________________ SAN S 0"0'" .....,lory -..
I -- ----------------- ^ I SMH Dtnot.. norm monhof.
ST S Denot.. ltorm IMIwer'
I \ I tRANS 0..0'" --
\ OOC Dll'lotel undtrground communication l1ne
UGE Denotell underground electric IIn.
I \~~ PID 279050211 ~ W Denot_ ..lerUne
' I ,.~ WV Denota water ..awe
I 0 C A \ I 1. 0 0"0'" found moo nol with dIok morlt'"
I \.. - -- P.Ls. No. 15<110
8lU.8/ ~
I~ e c.:(" _"36'52"[; /27/.77 t ~ . 0...... found Iron monum..1 PoC.s. No. 1548Cl
~ I ~ ~ ~ I, .J llWI!IEB:..
~ I ~ ~ ~ ~ I INTERSTATE COMPANIES, INC.
"'I <:) :< ~ . ~ 2601 AMERICAN BLVD. E.
<Ji BLOOMINGTON, loiN 55431
il~ .., LOT 5 ~ LOT 4 ~ I I LOT 3 ~ LOT 2 GORDON GALARNEAU 952-854-2044
I~ 305.660 SQ. FT. 329.494 SQ. FT. ! ~ i! n_ DEVELOPER'
7.56 ACRES 238,345 SQ, FT. f' 376.089 SQ. FT.:
I~ 7.02 ACRES I 5.47 ACRES ~ ~ 8.63 A~ES I~; UNITED PROPERTIES
... Ilj, 3500 AMERICAN BL VO.
I t.~ ~ 234.9/ BLOOMINGTON. loiN 55431
~ i;; GEORGE BlJlKAROS 952-831-1000
I ,~ ~ I LNE PARN.l.EL MTH THE EAST lIE tF ARCH
-, It: 1IE SE 1/" (F THE NW 1/4 OF.sEt: 5 rrrCT.
~ l
;. _Gl!; PA71IIYAYIt/J7/UTY S/"2J22"C POPE ASSOCIATES, INC
I' ~F" S89'J8'52"W /288.77 S8S':J8'52"W /282.62 EASDlENTPOlDOC. NO. TI!JfOI.1 1255 ENERGY PARK DRIVE
. l! JtH..20 ___ ST. PAUL. MN 55108-5118
J Vi _550.00 ..J - - -- ---. STEVE IRWIN 651-642-9200
4TH A VENUE l! 4TH A VENUE EIIliII!IEEB;..
4 .... .. ., t"" U " t:" ~ ~ .[. T H A V E N U E ~ BKBM ENGINEERS
II .,. , H n . .. " " .. ------;;;;;r-- --------r---------------- 5930 BROOKLYN BLVD.
------------PiOi~-- S89.J6'52"W I ------ . 263.1.26 I PfD 27/1 so: ca.". OF THE SE 1/< IoIINNEAPOUS, MN 55429-2518
I PI02711O!K11BO I UNEOF11iEN.I/2lFSEe.. I PfD272I4OBtP. '~n"11 ~~. r-ul T....'" PfD2721_ I ~""w'n"', n",?J!fIO,""mn" ~::~'cJ:...SEC.OF.1 TOM CESARE 763-843-0464
t I I Pi",E;,uLJIJ ~ ~ ESU,,"~:S rf\r1f7,at......VL..L ,1ft..,., nUUlIlvn PID 27!J0!J()/.JO
5 .IV NOlES< 10 lliE HE 1/< OF SEe.. . Added lot. olon 4th Avenue. MLS II 20/2008
: I.) locollon ...d ._ of und...""",d utnlll.. ohown ....... ... 6.) =~I !1n~~5's:..)Ft':' ;2I~~' FL or oo.v Ac,.. PRlII'<RTY """,,,IPTKlN. ,"
15 approxImate only CI'ld ere ...own bONd on field location of \181b1. tIxbne Lot I _ 759.50s Sq. Ft. or 17.4 Acre. (Per CertTflcate of Tlt18 Certffi'cote No. 42(42)
f\: CNI1EIeIIl1 ~ A DtJNI1tlMNIM In' camblnatlon .Ith GYOncble data prcMded by \IIClrlaua tIOlRU. Same Lat 2 _ 376 089 Sq. Ft. or as Acrn
t '*J:,~~- =:~.::y~~:.~owr., ':,;n=... "'Sei. b6.:"C:~ u~~ t~: ~ : ~~~ ~ ~t : n =: :,.~~. ~,::':~~~~ ~~ ~;.J;-~~r..~~!;..~":lr. ~2. " . Drowt>g nuo, ,
- WT' - I'tD I7ZJIfIf1I/IJ numb.. 50123818. utmtl_ shown are dependent on the ccmpleten.. Lot !S _ 3OS:660 ~ Ft. 0(" 7:0 Acrn the Chicago, 'SL Paul. Mlnn.apoU. and Omaha Ralwoy Company oa the Kme We hereby certIfy that thiS IS a true end correct PRS./MINARY PI.A T ~
~ fMIT 7 - /1m I7IIIItJt11rJ and accurocy of data prcMdod. Other undDnJf'OUnd utmtln of which wo () .. new locot~ CMd eetab"aIMld <MIl' elnd elctoIIII lIClkt Section 5. and I~. representation of a survey of the boundarIes of
I UrIIr6 - PWJ InDIItJt1IlIJ are unawoRl may exist. Verity all utlltles cr1tlcal' to conltructfon or Net exdudIng road, - 2.009.093 Sq. ft. or <46.1 Acres west of the centerllnlt of SllenandOClh Drive: Excepting theretroin the the land above desaibed and of the location of IA/7E~O'ST'A TE A nn/-rl"al
dllllgn. 7.) Zonlno ond ..nbGck InfwmaUon CI8 provIdlKl by tho Planning following trGet: all buildings, If any, from or on said land. IIY nt I" ",.,""IVI.
2.) Contact GOPHER STATE ONE CALL at 651-454-0002 for precllMl Department of the City of ShakopllCl and 01 n.teeI in Document No. Thlt Weet 1234.91 feet as mea:lUred at right an~les to the West line thereof.. SIIAKOPEE, MIMiESOTA
H onslte location of utnlttea prior to any exCCl'iCltlon. T173270: of thot peri of tho Northwat Ouartor of Section 5. TDWnIhIp 115,. Range 22, Dated thIS 6th day of November. 200B.
~ () Scott County. Minnesota, I~~ South of the Southerly right-ot-way line of JJ S r T7UDI r;r Moln Office:
t 3.) CertJflccI. of nu. No. ....2 (po"... Oclober 15. 2006) WO. ..... :n:: =r;:":'~ ",~i'"" I-I L1ghllndu.I<lol. Ihe CI1k:09o, SL Paul. Wlnnoopcllo .nd Om.... R...oy Comp...~ oo Ihe """'. SUNO%O SUlVEYING LLC U l. ~, 'L 1IlXl1.... _ F.-y '3!W)' suo. II.
~ upon .. to moll... of .....-d. Bund"", . err. ~;:.'.."""ti.:" s:t. ~~!:-:"I""'.;. .~..= :'~~~.: ~fr.~th & ~ ~~....~,":"'...~)
I 4.) Tho eubject property appclOl1l tc lie wIthin Zone C. GI'OCI\I of minimal Street/Front: 30 feet line thereof In lMlld Northwest Ouarter of Section 5. By. U LAND8DR.VIlYING North Offlce:
flooding. per the NaUonal Rood Inwronco Progrom, Rood Insurcmce Rote SSde: 15 feet (100 feet from rot:klentlal ZDtloa) Mark S. Hanson. R.L.S. Minn. Reg. No. 15480 WWW.eunde.oom 8nxlId)fl Park, Mlnn. 7S3-7a4-934e
100 0 100 200 Mop Community Panel No. 270.f34 0002 C, dated Sept. 29. 1978 Rear: 30 feet (100 ,Nt from residentIal zones) PnJ 200.J-2/3-1S7' Ok 506/.u Dat...
I I I 5.) No Indication of wetlond delineation by qualIfied wetlond IpedoIJd hem WOldmum Hefght ~ feet wIthout condltionol use !)e\'1Tllt TDWMhIp:1I5 Range 22 9ctiDn:5 II
SCALE IN FEET been located or obeer\l8d on slte. 8.) SUrvey coordInate boals: Scott County Coordinate Syatem F1I&.200.J2/31STpp.dwg ShtNIt: 1 of 1
.
.IV
ORIENTATION OF THIS BEARING SYSTEM IS BASED ON INTERSTA TE ADDITION
THE SCOTT COUNTY COORDINATE SYSTEM NAD 83
~ \ -- --- J
t/ Denotes 1/2 inch by 14 inch iron monument set and ~ ____---- ' __-------- ____-----
~ 0 marked by License No. 15480, unless otherwise shown. \ o. _____, _---.---- ___
iii 'il. \- _~ .---- _-
It)- · Denotes iron monument found, unless otherwise shown. -\-1-"l. ___ , ~ __---- ___
::: '" .-J---- _--
"-= ---- i _-----f ____---
1tf ____ 'It ...-- 'is ____
~ " \II .. .. ~---- "~:'~
Si , ,.. : 0 I ____ <:) _----- -r, ---,~'U
~ 100 0 100 200 II 11'10 Y 1:';--- coW'A/Il' . -J-.Oii'ii"~ --'0'4-'" .. -@. - ",tl
I I H I G____ t~~r _---. SO 15 _58I/S-E~' .."'.., I w ~
~ SCALE IN FEET . ~ r R V Ii K -~lS ~ ~'r---RLi:: N79"f!B2~l ::::::./0- N79 ""114! _ ;:/ ~~
ll; 5 in' E - --:: PAUl. 1IINf'l'i'T--::'-- - .. 13792 - .-.... ~~ 40.00-' l 0-
I;J - r;HY'.AGO. ;::__---- -1- - " / ..< n !i!!i!
~ -------: F.K.J.. --- ___ \ / : ~ \., V I"'~, I ~w
- . vA'-' --- - ,/ f' ,pr ~ \ ~ " . ... J:
-- ",.[;tF1[; R/:'!!!?----- _--\ ,~:::..-., ..,'" ,0' \, ~ "'\t,,~ ::1:
_- . :;NI?!!-_~--'- _- .P......j ~... -;(~;;o:o;''-- . '\: ---"\...'\.\- "',0
--- ---...-- LOCATED ---- OfTH€"'cA$~AHY ~-_~.." r ..~'\ ....&:I'48"Jf ",-(,,7 ~ ~ ~ 1;:.~ ___'
--r- _---------~~-- ~}J$'~(}IJ""""- -t!.'-I"~C,o "''''''''E:-\?.''\~~\~... "a~
f~'--- - ".'" I~~ ~Ii.,~-e,~~~-.\~ -1
.1---- ~'" g <> l;.~..'T, ~"
'f'
~ . ~ '
~~ ~~
~~ i ~~~
~~ so-{ l't!'
~' /2J4.9/ . i
tt "
~ ~ 1~~1-
\5~
T / 0 N to:' ~
-"' ,'" I .~
~ [ X C [ P ,,!=..<> ^ I
... . ,,~ \<I
~ ~ ~p... .ti91t\4 \
_N I vI( - to .. Q;:j-..,;
"'~ ^ I '" . t>!> .;!;~
i~ \ ~;, ~~ ~f~
. \~\ 0.... EAST LINE OF THE SE I/~ _..
is... \ ~~ w,"~...... Of'THE NW I/~ OF SEC. 5 "'.
W.o 't-4 ~ - H8IS"A \\
~f;j \ w~ 1'0 LOT 1 "'1
"'''' , I
' .
\j N UNE OF THE S 639.08 FT OF THE \,' I BLOCK 1
' ,,----' W 1234.91 FT OF THE NW I/~ ..........,.. E UNE OF THE W 1/2 OF THE
I OF SEC. 5. T. 115, R. 22 '. I .___
I ~~~. NW I/~ OF SEC. 5. T. 115. R. 22
, -
RlS (; \ I W UNE OF THE E 1/2 OF THE
/'-'/3792 N89":J6'52"E 0 \ I /2.J5..13 '''_ \ ,a ~_.._-.--- NW I/~ OF SEC. 5. T. 115, R. 22
/_.-.--- I """:'
I .... , ........... .oil
/' 1/95.32 ...-----.V1IUTY .....:.,---.,. ,.
{ - -------- -----------~---- --- I
I nv ~ I___';.o,..+~_\" I ~~
"\ I \ i Ii 'l' "- I 'l'
\ . 'i I L
\ ~ ~ '- r (, , N8U-J6'52"E /27/. 77 ",...I~-'
~ -)~
~ ~
~ ~
~ ~
OUT LOT A ..-EDGEUTER
a ~ ~
~ ~
- ~ I
~~
~
50"06 :r"E .
S8U-J6'52"W 1288.77 5.00"'<::"
---".--::S\ S89-36'52"W /262.62
4TH ... YENUE 4TH ... YENUE
~:>~.~ ~ 4- T H A V E l'./ U E .......~s lifE Of' THE N 1/2 Of' SEe. 5 ~ ~ 4- T H A V E /'./ l./ E '(/;':f!i--i //~~') \
--, \.,.~.:;;;-';~.r.I/-;;;;--I-------------S89",J6'521W 26,J.].2-;;-1'" 1----I-----~~SEli.;.Or~;~.../ ~~
I /'DALlAl. DISC NW '/4 OF SEe. 5 .ALSO THE SW. --" ~YJ
I YJ CORNER OF THE HE 1/4 OF SEe. 5:t: ~
\ \ 1 D'^'C-IAlrv;n I~~~I c-~'A'c-r I DCJAr'7"'/V;/1 C"CJr-r A nn/"/,,, , I~h.. ~
I "VL-I'rVVL/ g:~ L..~/IIIL......) I IV., IVI......,VL._L~ 111\....)/ nUL/IIIL//V :;::::~
1 lJil,j ~~~ JJSTT7\TD
I I I I I I ~ ~ lJl.'~ ~
LAND SllRVEYING
SHeET 2 OF 2 SHeeTS
I
~ ~
J --
----
------
----
-- POPE AsSOCIATES INe.
---- ---- ass ENERGY PARK DRIVE
~ --- ------ ST. PAUL, MN 5510&-5111
.-~ ---- PH. (650 64209200
_--- MII-ROP; FAX (650 642-1101
-- ----
---- INTERSTATE
~ ------ ----~
__---------=----- __------ .: P~ND COMPANIES, INC.
---- ---- ---- SHAKOPEE. MN
---- ------ ------
---- --
--- ----
----
---- :
.
.
I REPAIR
FACILITY
.
. ---
I
<=:=) <=:=)
- -
. -
. -
- -
- -
- -
- - POND
- -
- -
- -
<=:=) <=:=) n"TTrn""TTrn"'TTrn
<=:=) <=:=)
-- n -- n -- n -- -- - -
- -
- -
- -
- -
<=:=) <=:=) AREA SITE
.
. PLAN
-- n n -- ...letiai.:
-- n ..
CIty SubmlttsJ 11/13/01
.
.
UNDEVELOPED AREA
t1 .
~ .
I
. r
.
~.. u-
n -- n -- -- n FOURTlif,VENUE (O~l? COUNTY R9..AD NO. 82) n
-- -- n n n n -- -- ---
"\ ( ..... " , - '\ (' ( r-iaill'. 35725-08045
'\
~.k KLT
Ilt<l~k sel
SHEET
GJ ~~~:O~ITE PLAN 0 so' 100' $ Al
200'
L ~..... ,
NORTH
..J
----
--
~
~
-------- ~
POND SITE DATA:
. ZONING DISTRICT '.1
. SITEAREA +/-17.44ACRES
. BUILDING AREA CORP. HEADQUARTERS POPE ASSOCIATES INe.
.. TOTAL BUILDING AREA (1 LEVEL) +/-20 730SQ FT 1Z5S ENERGV PARK DRIVE
. .. ST. PAUL. MN 55108.5118
\ . BUILDING AREA REPAIR FACILl1Y PH. (651l""'9'OO
, .. MAIN FLOOR +1-83,195 SQ. FT. FAX!6")""'lfol
.. MEZZANINE +/-2.870 SQ. FT.
.. TOTAL BUILDING AREA +1- 86.065 SQ. FT.
. CORP. HEADQUARTERS PARKING INTeRSTATe
.. REQUIRED = 83 CARS
- OfFlCE:20.730S.F.@I/250S.F.=83 COMPANIES, INC.
.. PROVIDED (67 INSTALLED. 16 PROOF) = 83 CARS
. REPAIR FACILI1Y PARKING SHAKO PEE. MN
.. REQUIRED = 130 CARS
.. .. - OFFICE: 16,350 S.F.@ 11250 S.F. = 62
- REPAJRGARA.GE: 36 STAllS @1/STALl+4=.40
- WAREHOUSE:27.58SS.F.@1/1000=28
- TOTALREQUIREQ=130
.. PROVIDED = 213 CARS
.. TRUCK STORAGE = 36 UNITS
.. TRAILER STORAGE = 32 UNITS
. BUILDING HEIGHT
.. MAXIMUM = 45'
.. PROPOSED = 24'
I
I PAATS
I~ .,.21,585 aF. "'~~F. SITE AREA CALCULATIONS:
Ilf . TOTAL BUILDING AREA = 103.925 SQ. FT.
li1 . SIDEWALKS/PARKING = 325,107 SQ. FT.
I~ ~ ,. PONDING = 109.753 SQ. FT.
, ~ " .. TOTAL IMPERVIOUS AREA = 538,785 SQ. FT.
!!:, llii .. TOTAL SITE AREA = 759,515 SQ. FT.
~ :; - - - ... PERCENT IMPERVIOUS = 71 %
~ Ij REPAIR
"I~ FACILITY
I +/-83,195S.F.
rr----------
I " ,~c=J
I ~ I
: I +I-:'~S.F.' ..
I I '
I I I TRUCK & I POND
I TRAILER I TRUCK & TRAILER
I I PARKING PARKING
I J I I e=; ~ "
'8'.0' J W'-0' I 120'.". 110' ". I C=:=J
'I I . I . '''''.,,' I SITE PLAN
1 J ~I I I I I'....d~'ision"
I J &1 I ~ I CitySubmiIIBI 11/13100
- - - I I ERI I 1~ I ,PIan_Le1I8rRasoonse 1/1_
I I NGI I" I '
II I; Ib ~ . I \
I I I ~_____.____
'I .., !ll 9:.,,' '-BIT1JM1NOUSPAWlG---...... ~ POND " ~ ,
' ----- - = " "
lkl I - -;;---;;;~-------- "~ '-
I -------------------- \\
I '- BERM SCREEN - SEE GRADING AND LANDSCAPE PLANS -:::. - ~ \ 1...br~llilr Ihollbisplcn,specllicoiioo,DI
f :7 reporllQS pre~OHd bl re or undel ~ dirfl:!
L 15' BUILDI~ QCTD.l.1"V - 011"'11:: '* ~ supervision (Jno thol an a 6Jlylicense{!
-----~~-"""~------------------------ ---------- ..i 11'11.. Ihl IlbSIIIW' I
L _ = =_ _ = = = = =_---=- _ _ _=~.Pf!OFmIY_ _ __-=- _ _ _ _ __-=- _ _ _ _ __~ _ _ _ _ __-=- _ _ _ __-= _ _ _ _ __~ _ _ rCltC eI e GISO e ~eo lnnesoo.
,
, ~R,~!
&h II/131M lie.~. IJJ<I
'- UN DEVELOPED AREA -........ [a;"on~, 35725-OllO45
DIm&-, klT
\ ~:T 00
G) ~~~:ARKING LAYOUT p~J w 'f $ ; A2
L NOO~ ~
r
1~~ n'~ W >>'4' f M'4' ~ W~' ~
POPEAssoaA~INC
' , 1255 ENERGV PARK DRIVE
. -1' , , '. ST,PAUL,MN55'OMIII
~ PH. \6511 604M2OO
- . - '----------0 FAX (651) 60420t'Ol
I ' I
, i ',i CUSTOMER INTeRSTATe
- ~ .: =~gE COMPANIES, INC.
' I
SHAKOPEE, MN
"---------@
OFFICE
15,350 S.F.
_____---@ 0 ~ ~=~~-~NINE PLA~..: ;,870S.~ -$
NORTH
r f f r f r f r r ~
I I I I I I I I I
I
, i i -----L---l-.-i--- '----L---l---l----l---
- I " I I I I I I I ~
--- ----t-----t-----j----- i i i i i i I
! WAREHOUSE! I : ..J~~ : :: -.~~ :: REPAIR
I 27,5858." I I I I I I I I I FACILITY
--- ------r-----T' -----,' --- -- , " "" S~CE FLOOR
! , , -----t----+----t---- -----t----+----t----+-- -- PLANS
I I 1 '" ""
bales ..anili.:
-----+----+------t---- ---{B) I I i I I I I ~- ,-
I I 1 '" ""
, " I I I I I I I
I I I Iii i i i i I
I I I I"'" PROD~~i~~~J:L - 40,260 S,F, " " "
. , , MEZZANi~E - 2,870 S.F.
, - I --0 i i i TOTAl"j"30Sr i i i .,~
I I I I I I I I lie... (>>II
411.,. ..". .a'''''
r.issi. II. 35725-08045
~... Kl.T
IloQi .. Sel
SHEET
I A~ ~~~~,!R FACILITY FIRST FLOOR PLAN ~o' 8~~.o65 S.~, $- A3
NORTH
L ~
I'
I'ROl"ER1T Fl'IOFEI<TY f'i'iOFERT'(
LINE LINE LINE
DISTANCE TO 6UILDING 53' >1- DISTANCE TO SITE SbS' >1-
PllEVIC\lS DISTANCE TO 6UILDING 1el0' >1- PllEVIOUS DISTANCE TO SIT!: 140' >I-
I
eEl'l1 SCFlEEN I
FI'iEVIOJS FROPOSED BUILDING
NEUlINTERSTATE 6UILDING
4TH AVENLe
INTERSTATE
COMPANIES, INC.
SHAKOPEE. MN
G) ~~~~GED SITE SECTION 0 IS' 3ft 60'
Io.l"Io.ol I
FROFE1<IT ~ FROFE1<IT ~
LN: LN: LN: LINE I
NEW ~TATE 6UILDING
G) ~~I~O~ECTION 0 3Cf 60' 120'
....,..".,.. .
REPAIR
FACILITY
<f r ~ ~ EXTERIOR
ELEVATIONS
, i
I I I -.a>""'AI.
~-
~ SITE
""'AI. SECTIONS
~_CoIHOI'Y
.~ I.. . hili.:
City Submittal 11/13108
~ 2 REPAIR FACILITY WEST ELEVATION
8 A4 1/16"=1'-0" 0 8' 16' 32'
IlOUTED lET1Efl& <lIlT ~ ~~ I
AlII'1Nt1lllGN FACE
BAa<ED UV TR.6N6LUCl!NT
IIIl1TE PLEXIGl.A5
AUJ11lU11!lGl 0V8't cp cp cp Cf cp cp cp
-.e FR.II"E
IlOUTED PANEl. e.<ICKED
.. CUSTOMERS UV TFlAN5l.1ICelT UIlITE , i . i i , ,
~ FlEXIGLA& I I I I
b CORPORATE ~:.~
.. HEADQUARTERS
.. TRUCKS AUJ11lU11!lGl 0V8't _2.Jt~
-.e FR.II"E c.;ssi. .. 3572!Xl8045
..h I<\.T
CONCl'IETE eASE -~=~ -h
sel
SHEET
G) ~~~_~.MENT SIGN t-~' ~ 1 REPAIR FACILITY NORTH ELEVATION A4
2' 4' ~ A4 1/16"=1'-0" 0 6' 16' 32'
I ....~ ,
L ..J
r ~ ~ ~ ~ ~ ~
FREFNISl-IeD METAL PIl/El. --1QE...ao .E~
EL . U4'~
I I I
I I I I I
I I I I BRICK
--1QE...ao.EARAFET ~
EL.Il6'~
POPE AsSOCIATES 11Ie.
~~ 120. ENERGY PARK DRIVE
Sr. PAU!. MN..IOHU8
PH. (651) _..:zoo
FAX!6.1).....'O,
Ko\tI~
AA::H. CONe::. I3l.OCK EL -; ~'4'
~G) NORTH ELEVATION 4' 8' 16' INTERSTATe
0 COMPANIES, INC.
~ A5 1/8"=1'_0" 1.-..... I
~ SHAKOPEE. MN
219'.1>'
liT
I I I 1 I I
I I I I I I I
I I I I I I
I
I
I I OFFICE 1 1 I I
20,730 S.F.
--- -
- I I
I H.R H.R.
CONFERENCE OFFICE
, / ROOM #1
Q.[n~~ / I I I
I / I I CFO
I / 5
ID " / / 1 2 3 4
VICE
CEO PRESIOENT PRESIOENT ID C), LOBBY ///
I , / ~
I , /
,/
/'0. 7 8
/ ,
/ ,
/ ,
/ ,
/ ,
/ , CONFERENCE
/ , GUEST ROOM #3
/ , OFFICE
/ Cr h
/ CONFERENCE r------
/ 'bd' , ROOM #2 - - - --- - B
--- - --- :- - - -
-- RECEPT. I
I 8 9 10 11 12
1 I
I 1
I CORPORATE
I I
I
I 1----------
I :0 FINANCE HEADQUARTERS
I 17 16 15 14 13 OFFICE
I PlAN &
I I
L______ ELEVATION
1 OPEN ~
I EXEC,
CONF.ROOM OFFICE 5;
FINANCE I..,.. ...i.lea:
c( ====== ) OFFICE
City Submittal 11/13JOll
I
I 18 19 20 21 22
FINANCE
GARAGE I OFFICE
27 25 24 23
- - - -
---- -----
I
~ AR
OFFICE
I 2.8 28 30 I 31
VENO.
~' STOR. "
WARRANlY
OFFICE
BREAK I.T.
ROOM STORAGE I I jdil!<
I 35 34 33 32 li.la. lJIl
KITCHEN loT, c.issi. .. =8045
OFFICE ACCOUNTING
I I 39 38 1 37 38 I 1 OFFICE ~.lr KLT
-II SCI
- 0
---- VEST. SHEET
I I I I I I
I . I I I 1$ I I A5
I G) ~;.,~~O~ PLAN
0 4' 8' IS'
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NORTH ~
L
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--
ERNST ASSOCIATES
~on:hIIKlur..lorwl~
~ ~ 1IIvll..CIlMkO> fIIInn..~lllllt:i2/<$4{f-tOK
I HEREBY cernfY TWAT THIS PlAN. SPEClFlCATION
OR REPOR'T WAS PREPARED aY ME" DR UNDER tI'f
OIRECT SUPERVISION ANO lHoI<T I AM II OUL..Y
UCENSED PROFESSiONAl l.ANDSCAPE ARCHITECT
UNDfR '1WS OF TH< STATE OF ."NESOTA
1~' ", ' ,~, ?~
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~ ""-.... DAre M""" RE1;, NO.' 12297
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I
POPE ASSOCIATES INC-
125' ENERGY PARK DRIVE
ST. PAUL, MN 55108""8
PH. (651) 64....00
SOUND LEVEL FAX (651) 642-"01
FROM INTERSTATE 60 d6A INTERSTIITE
ca1PARASLE TO, COMPANIES, INC.
OPERATIONS CONvERSATIONAL 5FEE~
EfFECT, SHAKOPEE, MN
INTl<U$lvE
SO d6A : 60 dBA , ,
COMPARABLE TO, MAX, saND LEvEL -' ,
GlIJIET STl<EET DAYTIME *
effECT,
GlIJIET S0d6A
40 d6A MAX. saND LEvEL -:- ~~fS~ N1BIENT saND
, COMPARA6LE TO, , NI6IffiIME * ,
, GlIJIET OFfiCE . .
50fT STEREO Ml5IC
EFFl'CT, ~~,4 d6A
vE!<r GlIJIET COMPARABLE TO,
UHI5f'ER
: , :
. EfFECT,
FAINT
DISTANCE TO WILDING IS:?'+/- DISTANCE TO SITE &6&' +/~
,
FREV10J5 DISTANCE TO EllIILDm 100' ./.
6EI'M SCREEN
F!<Evl0J5 FROPOSED 6UILDm
,
NEW INTER5TATE EllIILDm ,
4TH AVENUE
GRADE
PROPERT'!' PROPERTY PROPERT'!' PROPERTY
LINE LINE LINE LINE
SOUND LEVEL
GRAPH OF SOUND LEVEL FROM INTERSTATE OPERATIONS SITE SECTION
SOUND LEVEL INCLUDES SIMULTANEOUS OPERATION OF 10 TRAILER-MOUNTED REFRIGERATION UNITS AND A DIESEL IssuesnRuisions:
TRUCK IN OPERATION ON THE DYNAMOMETER WITH GARAGE DOOR OPEN, City Submittal 11/13108
3/23/09
DATA TAKEN FROM 9/8/08 ACOUSTIC REPORT BY KVERNSTOEN, RONNHOLM & ASSOCIATES.
* PER MN RULE 7030 & SHAKOPEE CITY ORDINANCE 10.60.
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SOUND LEVEL SITE SECTION ~I, II/lltre Iic,Ib,1~i
1
A6 1" = 30'-0" 0 15' 30' 60' c.lssioolil. 35725-08045
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------~._- ---
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_ _ ____ - FLANTIN6 FLAN LEGEND:
~,r::XISTIN6 TREES TO REMAIN
... PorE ASSOCIA.lES INC.
.DECIDUOUS TREES - 2-ln' CALIF=R BB ""EN'ROyPAR.DRIVE
~ . St.PAtJl.MN....'OIl...II.
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1&\ MULTI-STEM DECIDUOJS TREES - I""" I-IT. 6.6. INTERST"TE
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. 0 ORNAMENTAL TREES - I_In' CALIPER 6.6, SHAKOPEE. MN
~VI>R.
~~
__ CONIFER TREES - b' I-IT, (UNLESS NOTED) 6.6.
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D SOD AND SEED
D BUILDIN6 FOOTPRINT
FLANTING REQUIREMENTS:
TOTAl MtNIHU"lliEaJ'liED Tl<EES (W3.'32~ TOTAl6lJ1lD1N6 SQ.FT)
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REPAIR' TOTAllA'05CA"E IiEQJIRED TIiEESo 11'J!> _, IlZl
I FACILITY ( TOTAl. lo!>!; \NITS
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G) SITE PLAN WITH LANDSCe:L '~ $
NORlH
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. a Ja_ ..
(J) ELEVATION LOOKING WEST FROM SHENANDOAH DRIVE . 211 4t/ I!t1
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SECTIONS I
ELEVATIONS
,. ~ 1(1
3/23/09
AAU_U..-+!6!~.~.l'A...AAM6~~~~A't.u~.w.$wm!Wl{liifl ~rn _ III rnillfflm~ A\ d\ -
---------------------------------------------------------------------------------..;.------------------------------------------------------------------------------------
G) ELEVATION LOOKING NORTH FROM 4TH AVENUE no .~ l 3!t~!J
. 211 4t/ I!t1 <n
Ll"'\....- I
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.... :, so
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A7
Chamber & oN Trt~.i-::i.
\yisitors Bur~au
.........:...~
Shakopee - Minnesota
PUBLIC STATEMENT
TO: Shakopee City Council
FROM: Shakopee Area Chamber of Commerce
RE: Interstate Trucking
While the Chamber of Commerce will not take a position of endorsing or
opposing an individual project, the Chamber Board of Directors, at the Request of the
Chamber Public Policy Committee asks only that in considering the applicant's request,
the City Council consider some of the general business benefits that can result from
projects of this type. Some of these benefits include:
Creation of approximately 150-200 new competitive wage jobs in Shakopee and
the benefits associated with new workers moving into the area. These workers and their
families will likely eat, shop and perhaps even live in Shakopee. Those that buy houses
will help support local home values in a depressed real estate market.
A new tax source that can aid in keeping re~idential property taxes in check thus
supporting local government. Adding to the commercial and industrial tax base benefits
all residents and businesses in Shakopee. A strong commercial and industrial tax base has
kept residential taxes relatively stable despite rapid growth requiring new schools and
infrastructure. Adding to the Commercial and industrial base should be a priority in
Shakopee.
The addition of new businesses to Shakopee will support existing Shakopee
businesses that would supply them products and services and may attract other businesses
into the area.
While the Chamber of Commerce does not specifically endorse or oppose this
particular application, we do support business in general; therefore, we need to point out
some benefits typically associated with bringing a new business of this general type to
Shakopee.
Thank you for your time and consideration;
Shakopee Chamber of Commerce
1801 East County Road 101 · P.O. Box, 717 · Shakopee, MN 55379
. . . . A A "' . . A A . .' . . . . A . ......
ON TA .K3~~
~,
Dear Mr. Mayor, Councilmen and Community Development Director,
I am reading this note on behalf of Jerome and Darlene Williams. Weare citizens of Shakopee. We
live on Timber Court.
Weare unable to attend tonight due to family commitments.
We know you have been told many times about the substantive reasons why you should vote against
this matter. It is not our aim to repeat all the problems with this project.
Tonight we are asking each of you to stand up against big money, special interests and expensive
lawyers. Weare asking you to look out for the common men and women that are citizens of your
city. Tonight we need your protection. We need you to say no to this project and no to big city
business and big city attorneys that are here to impose themselves on our neighborhood. In the end,
your representation is all that we have. The only voices we have are your voices and we need those
voices to say no. We know this will not be easy, but we are asking you to do the right thing for the
people in this city.
The bottom line is this, Interstate Companies will bring noise, pollution and traffic to a residential
neighborhood and destroy our neighborhood. How can we let this happen? Please ask yourself, if this
project were going into your back yard, wouldn't you be advocating the same thing we are?
We need your help to vote this project down and tell Interstate to build their project in a more
appropriate spot.
Thank you