HomeMy WebLinkAbout12.B. Amendment to City Code Sec. 11.44, Subd. 2-Ord. No. 816
CITY OF SHAKOPEE J).. B.
Memorandum
CASE NO.: 09-010
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Amendment to City Code Sec. 11.44, Subd. 2
MEETING DATE: April 21, 2009
REVIEW PERIOD: January 28, 2009 - May 28. 2009
INTRODUCTION
Pope Associates, Inc., on behalf of Interstate Properties, Inc., have filed a zoning text amendment
application to allow office buildings as a permitted use of the 1-1 Light Industry Zone. The
proposed amendment is as follows:
SEC. 11.44, Subd. 2. J. Office buildings.
The text amendment process was initiated by the applicant after city staff determined that their
Conditional Use Permit application, which included a separate building for office use, could not be
approved unless: 1) the building was combined with another building that would house an already
listed permitted use, 2) a use permitted in the I-I zone be included in the proposed office building,
or 3) that they submit a request for a text amendment and be approved to allow a stand alone office
building. The applicant's preference is to construct a stand alone office building, and has provided
a narrative that addresses how they believe the proposal complies with the criteria for consideration
of a text amendment, as defined in the City Code.
Planning staff researched the zoning ordinances of other communities to see if this type of use was
allowed in their city. It was found that this use is allowed predominately as a permitted use in the
majority of the cities surveyed, with a few communities listing office buildings as a conditional use
or accessory use in their Light Industry Zones (see attached table). Presently, the Shakopee City
Code allows office uses located in the principal structure in conjunction with another permitted use
in the Light Industry Zone, and offices occupying more than 35% of the principal structure and
directly associated with a permitted use are a listed conditional use in the Heavy Industry Zone.
With the growth of the City in recent years, staff believes this is a use that is compatible with the
other listed permitted uses of the I-I Zone. The zoning ordinance for the Light Industrial Zone
states, "The purpose of the Light Industrial Zone is to provide an area for industrial, light
manufacturing, and office uses which are generally not obtrusive and which serve as a transition
between more intensive industrial sites and residential and business uses." Staff views the use of a
building exclusively for office use as consistent with the purpose of the zone and that it would be
compatible with other permitted uses of the Light Industry Zone.
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The Planning Commission reviewed the proposed text amendment at its April 9, 2009 meeting and
recommended approval of the amendment to the City Council. A copy of the Planning Commission
report is attached for the Council's reference. Additionally, attached to this staff report is a
document provided by Mr. Jeff Pumper to the Planning Commission at their April 9th Public
hearing.
AL TERNATIVES
1. Approve the proposed text amendment to allow office buildings as a permitted use of the I-I
Light Industry Zone, as presented.
2. Approve the proposed text amendment to allow office buildings as a permitted use of the 1-1
Light Industry Zone, with revisions.
3. Deny the proposed text amendment.
4. Table action on this item for additional information from staff or the applicant.
STAFF RECOMMENDATION
Staff recommends Alternative No.1, approval of the proposed text amendment to allow office
buildings as a permitted use of the I-I Light Industry Zone, as presented.
ACTION REOUESTED
Approve Ordinance No. 816, an ordinance amending SEC. 11.44, Subd. 2. to allow office buildings
as a permitted use of the I-I Light Industry Zone, as presented, and move its adoption.
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ORDINANCE NO. 816, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CHAPTER 11 (ZONING) OF THE CITY CODE
REGARDING LISTING OFFICE BUILDINGS AS A PERMITTED USE OF THE 1-1
LIGHT INDUSTRY ZONE
WHEREAS, Pope Associates, Inc.,. applicant, has filed a zoning text amendment
application to allow office buildings as a permitted use of the I-I Light Industry Zone; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on April 9, 2009, at which time all persons present were given an opportunity
to be heard; and
WHEREAS, the City Council heard the matter at its meeting on April 21, 2009; and
NOW, THEREFORE BE IT RESOLVED that the City Council ofthe City of Shakopee
hereby adopts the following findings of facts relative to the above-named request:
Finding #1 The original zoning ordinance is not in error. The original zoning ordinance
established a zoning classification which is consistent with the industrial guiding of the
property.
Finding #2 Significant changes in community goals and policies that concern this property have
taken place. The City of Shakopee has recently adopted higher design and
performance standards for industrial developments, and encourages a wide variety of
uses of their industrial zoned developments in an attempt to: 1) respond to the changing
economy, and 2) to improve the aesthetics of the developments, as well as provide a
diverse business environment. Allowing office buildings in the Light Industry Zone
supports these goals/policies.
Finding #3 Significant changes in development patterns have occurred in that the subject property
is guided for, and proposed to be used by, an industrial use. Generally, the nature of
present day industrial developments in the metro area include office buildings as a
permitted use in those districts, as they typically provide high standards of design and
construction to those developments as well as provide a use that might serve as a
transitional/buffer use from one zone to another in certain situations with more limited
round the clock impacts.
Finding #4 The Comprehensive Plan, as adopted by the Shako pee City Council, guides this
property for industrial use, which is consistent with the request.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 - That the City Code Chapter 11 (Zoning) is amended, as follows:
Underlined language is to be added and struekthrough language is to be deleted.
Section 11.44, Subd. 2. J. Office Buildin2:s.
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Adopted in session of the City Council of the City of Shakopee, Minnesota held
the day of ,2009.
Section 2. Effective Date. This ordinance becomes effective from and after its passage and
publication.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of ,2009.
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CITY OF SHAKO PEE ./~
Memorandum
CASE NO.: 09-0 I 0
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner II
SUBJECT: Amendment to City Code Sec. 11.44, Subd. 2
MEETING DATE: April 9, 2009
REVIEW PERIOD: January 28,2009 - May 28, 2009
INTRODUCTION:
Pope Associates, Inc., on behalf of Interstate Properties, Inc., have filed a zoning text amendment
application to allow office buildings as a permitted use of the I-I Light Industry Zone. The
proposed amendment is as follows:
SEe. 11.44, Subd. 2. J. Office buildings.
The text amendment process was initiated by the applicant after city staff determined that their
Conditional Use Permit application, which included a separate building for office use, could not be
approved unless: 1) the building was combined with another building that would house an already
listed permitted use, 2) a use permitted in the I-I zone be included in the proposed office building,
or 3) that they submit a request for a text amendment and be approved to allow a stand alone office
building. The applicant's preference is to construct a stand alone office building, and has provided
a narrative that addresses how they believe the proposal complies with the criteria for consideration
of a text amendment, as defined in the City Code.
Planning staff sent the application out for review by other City staff and other governmental
agencies, and did receive a comment from the City Clerk which was considered in staffs analysis
of the project. Planning staff also researched the zoning ordinances of other communities to see if
this type of use was allowed in their city. It was found that this use is allowed predominately as a
permitted use in the majority of the cities surveyed, with a few communities listing office buildings
as a conditional use or accessory use in their Light Industry Zones (see attached table). Presently,
the Shakopee C::ity Code allows office uses located in the principal structure in conjunction with
another permitted use in the Light Industry Zone, and offices occupying more than 35% of the
principal structure and directly associated with a permitted use are a listed conditional use in the
Heavy Industry Zone.
With the growth of the City in recent years, staff believes this is a use that is compatible with the
other listed permitted uses of the I-I Zone. The zoning ordinance for the Light Industrial Zone
states, "The purpose of the Light Industrial Zone is to provide an area for industrial, light
manufacturing, and office uses which are generally not obtrusive and which serve as a transition
between more intensive industrial sites and residential and business uses." Staff views the use of a
building exclusively for office use as consistent with the purpose of the zone and that it would be
compatible with other permitted uses of the Light Industry Zone.
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FINDINGS:
The criteria required for the granting of a Zoning Text Amendment are listed below with proposed
findings for the Commission's consideration.
Criteria #1 That the original Zoning Ordinance is in error;
Finding #1 The original zoning ordinance is not in error. The original zoning ordinance
established a zoning classification which is consistent with the industrial guiding of the
property.
Criteria #2 That significant changes in community goals and policies have taken place;
Finding #2 Significant changes in community goals and policies that concern this property have
taken place. The City of Shako pee has recently adopted higher design and
pel:formance standards for industrial developments, and encourages a wide variety of
uses of their industrial zoned developments in an attempt to: 1) respond to the changing
economy, and 2) to improve the aesthetics of the developments, as well as provide a
diverse business environment. Allowing office buildings in the Light Industry Zone
supports these goals/policies.
Criteria #3 That significant changes in City-wide or neighborhood development patterns have
occurred; or
Finding #3 Significant changes in development patterns have occurred in that the subject property
is guided for, and proposed to be used by, an industrial use. Generally, the nature of
present day industrial developments in the metro area include office buildings as a
permitted use in those districts, as they typically provide high standards of design and
construction to those developments as well as provide a use that might serve as a
transitional/buffer use from one zone to another in certain situations with more limited
round the clock impacts.
Criteria #4 That the comprehensive plan requires a different provision.
Finding #4 The Comprehensive Plan, as adopted by the Shakopee City Council, guides this
property for industrial use, which is consistent with the request.
ALTERNATIVES:
1. Recommend to the City Council approval of the proposed text amendment to allow office
buildings as a permitted use of the I-I Light Industry Zone.
2. Recommend to the City Council denial of the proposed text amendment.
3. Table the matter for additional information from staff or the applicant.
STAFF RECOMMENDATION:
Staff recommends Alternative no. 1, recommend to the City Council approval of the proposed text
amendment to allow office buildings as a permitted use of the 1-1 Light Industry Zone.
ACTION REQUESTED:
Recommend to the City Council approval of the proposed text amendment to allow office buildings
as a permitted use ofthe 1-1 Light Industry Zone. <2::V-
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Planner II
H:\BOAA-PC\2009\04-09\090 I 0_ TEXT _Interstate.docx 2
City of Shakopee
Interstate Project
1/23/09
Text Amendment Application
Item #22, Text Amendment Criteria
The Applicant proposes a Text Amendment to the City of Shakopee's Zoning Ordinance. Under SEe. 11.44.
LIGHT INDUSTRY ZONE (I-I), Subd. 2 Permitted Uses, the Applicant requests adding "J. Office Buildings"to
the list of Permitted Uses.
In granting a zoning Text Amendment, the Planning Commission and/or City Council must find that one or
more of the following criteria exist:
I. that the original Zoning Ordinance is in error;
2. that significant changes in community goals and policies have takenptace;
3. that significant changes in City-wide neighborhood development patterns have occurred; or
4. that the comprehensive plan requires a different provision.
The proposed T extAmendment is supported by Criteria #2 and '#3 as follows:
Criteria #2: Significant changes in community goals and policies have taken place.
a. The presence of Light Industrial uses adjacent toresidential areas has caused expression of
concern regarding the impact of industrial uses on residents. In the case of the Interstate
project, these concerns have arisen even though the City's Zoning Ordinance and
Comprehensive Plan have long established this site for industrial use. Allowing office
buildings within 1.( zoning districts will help offset these concerns for these reasons:
i. Office buildings are generally designed to,higher standards than industrial buildings
and hence enhance the appearance of the development.
H. Office buildings, properly sited, can provide a buffer between residential and Iight-
industrial uses, and shield from view certain permitted industrial activities.
iii. Allowing separate office buildings on an I-I site provides more flexibility for locating
buildings within the site. In the case of the Interstate ,project, it allows the repair
facility to be located further away from the residential area to the south, compared
to a much larger single building incorporating all the office functions.
iv. The mix of freestanding office and light.industrial buildings in a single park will
yield a higher quality overall development than a "mono-development" of only light
industrial facilities.
Criteria #3: Significant changes in City-wide neighborhood development patterns have occurred.
a. Several other neighboring communities permit separate office buildings within I-I zoning
districts. These communities have a competitive advantage in attracting development by
offering more flexibility, while maintaining or even decreasing the typicatimpact of
industrial uses on adjoining neighborhoods. In particular, these communities have an
advantage to attract more high tech - type uses, which are typically more upscale than
traditional industrial uses, and bring higher-paying jobs and higher tax revenues. These
advantages are magnified by the increasingly competitive business climate in the current
economy.
b. Stand-alone office buildings typically have a higher level of exterior design and finishes than
industrial buildings. The presence of such buildings tends to upgrade the quality of other
development occurring within the industrial districts.
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c. Allowing office buildings in industrial districts attracts corporations who may not have
industrial operations but who associate with industrial corporations. It also attracts major
corporations that wish to estab !ish real estate campuses, bringing substance and
permanence to the job market. It is common for these corporations to perform separate
functions, such as production, warehousing and administration/sales, which are best served
by separate buildings. An example would be the West Publishing facility in Eagan.
d. Combining office uses with industrial uses tends to mitigate the effects of vehicle traffic.
Peak traffic in office buildings can be expected just before and just after business hours,
whereas peak industrial traffic and site activity can be expected during business hours.
e. Office buildings typically have lower usage of utilities than industrial buildings, and could be
expected to reduce demand on community water supply, sanitary sewer, gas and electrical
service.
City District Name(s) Office a Permitted Use? Office a Conditional Use? Restrictions
Chanhassen Industrial Office Park Yes No No
Chaska I Industria" 12 Restricted Industrial Yes in I No Permitted as Accessory Use in 1-2
Cottage Grove 1-1 Limited, 1-2 General, 1-3 Heavy, 1-5 RR Access Yes, in all 4 districts No No
Farmington 1-1 Industrial, IP Industrial Park Yes, both No Office Showroom permitted in IP
Hastings 1-1 Industrial Park, 1-2 Industrial Park Storage not clear
Inver Grove Heights 1-1 Limited, 1-2 General not clear 1-1, Office / Warehouse Office / Warehouse= 15-30% office
Oakdale 10 Industrial Office, GI General Industrial Yes, in both districts No No
Prior Lake 1-1 General Industrial Yes No No
Rosemount LI Light, GI General, HI Heavy, IP Industrial Park Yes, in LI and IP No Permitted as Accessory Use in GI & HI
Savage 1-1 Limited, 1-2 Ports, BP Business Park Yes, in all 3 districts No No
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