HomeMy WebLinkAbout13.D.1. Extension Request for Conditional Use Permit of Interstate Companies, Inc.
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CITY OF SHAKO PEE
Memorandum
CASELOG: NA
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
RE: Extension Request for Conditional Use Permit ofInterstate Companies, Inc.
DATE: December 1,2009
INTRODUCTION & DISCUSSION
The City has received a request from Dale Glowa, United Properties and representative ofInterstate
Companies, Inc., to extend the approval of the Conditional Use Permit of Interstate Companies, Inc.
to allow for multiple structures on one lot, truck/trailer service, and exterior storage of vehicles in the
Light Industry (1-1) Zone. This Conditional Use Permit was approved on April 21, 2009 (Resolution
No. 6893), and pertains to property located north of 4th Avenue, East of Sarazin Street, and West of
Shenandoah Drive (Lot 1, Block 1, Interstate Addition).
Section 12.10, Subdivisions 1 & 2 of the City Code state that the City Council's approval of a final
plat shall remain in effect for a period of two years from the date ofthe approval, and that upon
request by the developer, the City Council may extend the approval period for a final plat, subject to
all applicable performance conditions and requirements. A request for an extension must be filed on
or before the expiration date of the final plat. The ability to extend the expiration date of the
Conditional Use Permit may also be requested, and in this case, the applicant has requested the
extension of the CUP until one (1) year following the recording of the Final Plat.
Due to unforeseen matters, the applicant is not prepared to proceed with the recording of the plat at
this time, but anticipate recording the plat sometime in 2010 or early 2011; therefore, this request
would extend the timeframe to no more than one (1) year after the date of recording (see applicant's
letter of request).
ALTERNATIVES
1. Extend the approval period for the Conditional Use Permit of Interstate Companies, Inc.
(Resolution No. 6893) until one year following recording of the Interstate Addition Final Plat.
2. Extend the approval period for the Conditional Use Permit ofInterstate Companies, Inc.
(Resolution No. 6893) by another amount of time.
3. Do not extend the approval period for the Conditional Use Permit of Interstate Companies,
Inc. (Resolution No. 6893).
4. Table a decision and request additional information from staff and/or the developer.
STAFF RECOMMENDATION
Staff recommends the extension of the approval period of the Conditional Use Permit ofInterstate
Companies, Inc. (Resolution No. 6893) until one year following recording of the Interstate Addition
Final Plat (Alternative No.1).
ACTION REQUESTED
Offer a motion to extend the approval period of the Conditional Use Permit of Interstate Companies,
Inc. (Resolution No. 6893) until one year following recording of the Interstate Addition Final Plat, and
move its adoption.
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Planner II
g:\cc\2009112-01\CUP extension - Interstate.doc
U NIT E D PR 0 PER TIE S
October 22, 2009
Mr. R. Michael Leek
Community Development Director
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379
Dear Mr. Leek:
This will follow up our inquiries on behalf of Interstate Companies, Inc. with respect to the
timing of the implementation of Resolutions No. 6892 and 6893 adopted by the City Council
on April 21, 2009.
We understand that under Section 12.10 of the Shakopee City Code, Interstate has two
years from the date of the resolution approving the Preliminary and Final Plat to complete
the Developer's Agreement and get the final plat recorded. The City Council, by Resolution
No. 6892 adopted on April 21, 2009, provided its approval of the Interstate Preliminary and
Final Plat. Therefore under the Shakopee City Code, Interstate has until April 20, 2011 to
complete the work on the Developer's Agreement and get the final plat approved. Given
the current state of the economy and the availability of financing for commercial real estate
projects, we expect that the completion of the Developer's Agreement and recording of the
final plat will take some time and will certainly extend into 2010 if not early 2011.
We also understand that the Conditional Use Permit which was also approved on April 21,
2009 as Resolution No. 6893 requires an extension be granted by the City if not
implemented within one year of adoption. Given that the development of the property is
going to take longer than one year, Interstate hereby requests an extension of the one year
period provided for in Section 11.85, subd. 9 of the Shakopee City Code.
The implementation of Resolution 6893 is obviously dependent on the development of the
property as described in Resolution 6892. Therefore, we request that the City Council
grant an extension on the required initial use of the CUP until one year following recording
of the Final Plat.
Given the nature of the development process and the current economy, this is in the best
interest of all involved parties.
Please advise as to the next steps for review and approval of this extension of time.
&;OU.
Dale J. Glowa
Senior Vice President
United Properties
5394 Marshall St., Arvada, CO 80002 . 720-898-5870. fax 303-420-7931. www.uproperties.com
Kennedy
Offices in
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Acrion, Equal Opportuniry Employer
ru If. @ \H \1J If. \\\l
\00 SEP 2S 2009 W
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Minneapolis
Saint Paul
Sr. Cloud
C H ART ERE D
B
Attorney at Law
Direct Dial (612) 337-9209
Ernail: jthornson@kennedy-graven.com
September 25, 2009
Lee A. Henderson
Hessian & McKasy, P.A.
4000 Campbell Mithun Center
222 South Ninth Street
Minneapolis, MN 55402
RE: City of Shakopee - Interstate Trucking CUP
Dear Lee:
I received your September 22, 2009 letter concerning the Interstate Trucking Conditional Use
Permit (CUP). I discussed the issue with Michael Leek, the City's Community Development
Director. Your interpretation of Resolution No. 6893 approving the CUP is not consistent with
Section 11.85, subd. 9 of the ShakopeeCity Code. That provision clearly states that a CUP will
become void if it is not used within one year of the date of final action by the City. In this case,
final action by the City on the CUP occurred on April 21, 2009, when the City Council adopted
Resolution No. 6893.
Your client may request an extension of the one-year period from the City. To do so, a written
request to that effect should be sent to Mr. Leek. There is no fee for making such a request. The
process does not involve an amendment to the current CUP because the one-year requirement is
not a condition of the CUP itself; rather, it is a provision in the City Code and the City Council
has the discretion to extend it.
If your client chooses to submit a request for an extension, you might want to consider
requesting that the CUP be extended until one year after the final plat is recorded. That way, if
your client needs to ask for an extension on the plat itself, the CUP will also be controlled by that
extension.
Please feel free to contact me if you have any questions on this.
Sincerely,
~.
Michael Leek
358085vl JJT SH155-l55
Hessiall\!torllt..vsat Lall
& McKasy P.A.
Lee A. Henderson
(612) 746-5750
Ihenderson@hessianmckasy.com
Septernber22, 2009
SEP 2 4 2009
James J.Thomson
Kennedy & Graven Chartered
470 U.s. Bank Plaza
200 South 6th Street
Minneapolis, MN 55402
Re: Shakopee - Interstate Development Agreement & CUP
Dear Jim:
Thiswill confirm our recent telephone conversation regarding Interstate's property in
Shakopeeand the pending. Development Agreement. .
Vou have advised that under Section 12.10 of the Shakopee City Code, Interstate has
two years from the date oft he resolution approving th:e Preliminary and Final Plat to
completefheDeveloper's A.greementand get the final plat recorded. The City Council;
by Resolution No. 6892 adopted on April 2J, 2009, provided its approval of the
Interstate Preliminary and Final Plat. Therefore under the Shakopee City Code,
Interstate has until April 20, 2011 tocoroplete the werk on the Developer's Agreement
and get the final plat approved.
On April 21 ,2009, the city Council.also adopted Resolution No. 6893, a Resolution
Approving a Conditional Use Permit("CUP") for Truck and TraiLer Services, Exterior
Storage and Multiple Structures on One Lotthat applies to the Interstate property.
Section 11.85, subd. 9 of the ShakopeeCity Code provides that a conditional use
permit shall remain in effectfor as long "as the conditions agreed upon are observed"
but also provides that a CUP will become \foidif not "used within one year of the date of
final action by the City."
Resolution 6893 is by its terms dependent on thedeveloprnentof the property as
described in Resolution 6892:
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 followin.g conditions:
1. The site shall be developed consistent with the submitted site plan for the
truck service and exterior storage facility unless otherVlfise noted in thef6Uowing
conditions
2. The site shall be de,velopedconsistent with the conditions noted in the
approved Preliminary Plat resolution...
08'0" 7
RESOLUTION NO. 6893
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A CONDITIONAL
USE PERMIT TO ALLOW TRUCKrfRAILER 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 and April 21, 2009, the CUP request was reviewed by the Shakopee City
Council.
NOW, TIIEREFORE 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 proposed use of Lot 1 for truck repair is permitted as a conditional use tmder City Code
Sec. 11.44. LIGHl INDUSTRY ZONE (I-I) Subd 3. Conditional Uses, specifically tmder the
following:
A. vehicle repair;
Finding #2: Even if the proposed use for truck repair was not permitted under the provisions identified in
Finding # 1, the Cotmcil determines tmder City Code Sec. 11.44, Sub. 3. P., that the proposed
truck repair and generator sales facility is similar to other uses permitted tmder said
subdivision (most notably Item F commercial vehicle rental facilities), and may be allowed
with a conditional use permit.
Finding #3: The proposed truck repair and generator sales facility, developed and operated tmder 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 repair and generator sales conditional use will not impede the
normal and orderly development and improvement of surrotmding 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 exist to 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 repair and generator sales facility is located on the northern
portion of the overall site, furthest from and not acijacent to the nearby residential areas.
b. The applicant's proposal will provide substantial screening, in that as a part of the plat, the
applicant will provide berming that is ten (10) feet in height as measured on the south side
of the berm, and fencing and/or 6-8 foot tall conifers for screening purposes along the
southerly property line of Lot 1.
c. The applicant has submitted information that verifies that the majority of the trucks that the
proposedfacility would service are likely to be 2005 models or newer, and thus, a
significant number of them subject to new, even more stringent pollution control
regulations. The iriformation submitted by the applicant further 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 of7:00 a.m. to 12:00 a.m., Monday through Friday. .Test drives would be limited
in number, take place during normal-hoW's of operation, and would generally take place on
CR 101 rather than Fourth Avenue. After 12:00 a.m., no more than ten (10) persons would
provide qfter hoW's emergency service, and this staff shall not be construed to be a
. permanent third shift.
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 regarding 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,
as well as the current economical situation.
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 repair and generator sales 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 ofF owth 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 Drive.
c. Because the proposed truck repair and generator sales facility would have. vehicle access
from Shenandoah Drive, it should have little impact on trqffic volumes on Fourth Avenue.
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 repair and generator sales 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 Drive; and because its general hours of operation would be
between 7:00 a.m. and 12:00 a.m., the use is consistent with the purposes of the 1-1 Zone.
Criteria #5 The use is not in conflict with the Comprehensive Plan.
a. The use proposedfor the site is consistent with the guided land 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, subjectto 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 withthe 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 1-1 Zone is approved; 2) the use of the building is
consistent with the 1-1 permitted uses; or 3) the proposed building is redesigned and incorporateq
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. The vehicle service facility shall be screened along or adjacent to the southern property line with a
berm that is at least eight (8) feet in height when measured from the north/parking lot side of the site.
Along the top of this southern berm the applicant will provide a fence six (6) to eight (8) feet in
height and/or conifers for additional screening; All other screening on the site shall generally be
consistent with the site and landscape plan dated March 23, 2009. Approval of specific details of all
berming shall take place as part of the building permit process, and will also be consistent with the
March 23, 2009 site and landscape plan.
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.
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. The applicant shall comply with the screening and landscaping requirements as identified in Section
11.60 of the City Code.
14. Building construction, sewer, water service, fire protection and access will be reviewed for code
compliance at the time of building permit application(s).
15. 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.
16. 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.
17. Outside storage will be limited to semi-tractors and trailers, consistent with the submitted
parking/storage plan.
18. Shall not store any vehicles which are unlicensed for more than seven (7) days and/or vehicles that
are inoperative for more than seven (7) days.
19. Concrete perimeter curb and gutter shall be installed, with the design and materials consistent with
City's Design Criteria for concrete curb and gutter.
20. Water run-off from serviced and/or washed vehicles shall be treated and disposed in accordance with
local, state and/or federal requirements.
21. The applicant ~hal1 obtain a hazardous waste license from Scott County Environmental Health
Department.
22. Any development of the site shall comply with the regulations of the Migratory Bird Treaty Act.
23. Hours of operation shan be limited to 7:00 a.m. to 12:00 a.m., Monday through Friday. After 12:00
a.m., no more than 10 persons would provide after hours emergency service, and this staff shall not be
construed to be a permanent third shift. The overhead service doors shall remain closed from 10:00
p.m. to 7:00 a.m., except to allow vehicles to enter and exit the service area.
24. No idling of trucks in excess of 30 minutes shall be allowed outside the building(s)., and at all times
shall be attended.
25. Blasting shall be conducted consistent with the State and City Code requirements or as specified by
the City Engineer (hours, charge size, etc.). The project developer shall provide the city with contact
information regarding any proposed blasting activities prior to any blasting.
26. There shall not be any painting and/or body work conducted on any vehicles on site.
27. There shall be allowed a 50 foot by 50 foot outside temporary storage on the west side ofthe
property for storage of generators and refrigeration units.
28. An repair work shall occur within the repair facility structure.
29. Any MNDOT required vehicle testing (including a horn check) shall occur on the north side of the
repair facility structure.
rr {l iO
Adopted by the City Council on the .elL day of flJA . , 2009. .
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.. r&Yor .
Attest: