Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03/01/1994
TENTATIVE AGENDA SHAKOPEE, MINNESOTA COMMITTEE OF THE WHOLE MARCH 1, 1994 Location• City Hall, 129 Holmes Street South Mayor Gary Laurent Presiding 1] Roll Call at 4 : 00 P.M. 2 ] Proposed Zoning Ordinance 3 ] Adjourn at 6 : 00 P.M. Dennis R. Kraft City Administrator MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: February 24, 1994 RE: Zoning Ordinance Amendments At your last meeting, you requested staff to prepare a draft Old Shakopee business area with small densities . You also requested a revision of the Race Track zone, splitting the uses into permitted and those requiring a PUD. These drafts are attached. Signed CIte / .f K-ren Mart , City orney KEM:bjm [2 4 ZONORD] Attachments cc : Dennis Kraft Lindberg Ekola Judy Cox SEC. 11.**. OLD SHAKOPEE BUSINESS OVERLAY ZONE (B-1C) . Subd. 1. Purpose. The purpose of the Old Shakopee business overlay zone is to provide an area for the continuation of existing commercial development and development of existing lots in the older business areas for uses fronting on or with immediate access to arterial and collector streets. The combination of small lots is encouraged. Subd. 2 . Areas Covered. The Old Shakopee business overlay zone may be applied to property zoned B-1 and developed, surrounded by development, or platted for development as of the effective date of this ordinance. Subd. 3 . Permitted Uses. Within the Old Shakopee business overlay zone, no structure or land shall be used except for one or more of the uses permitted in the underlying B-1 zone. Subd. 4. Conditional Uses. Within the Old Shakopee business overlay zone, no structure or land shall be used except for one or more of the uses permitted in the underlying B-1 zone. Subd. 5. Permitted Accessory Uses. Within the Old Shakopee business zone, permitted accessory uses are limited to the accessory uses allowed in the underlying B-1 zone. Subd. 6. Design Standards. Within the Old Shakopee business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: minimum lot area: 8, 000 square feet maximum floor area ratio: . 50 B. Maximum impervious surface percentage: 75% C. Lot specifications : minimum lot width: 60 feet minimum front yard setback: 30 feet minimum side yard setback: 10 feet minimum rear yard setback: 30 feet D. Height : 25 feet Subd. 7 . Performance Standards. Performance standards shall be as specified in the underlying B-1 zone . [24 ZONORD] SEC. 11.31. MAJOR RECREATION ZONE (MR) . Subd. 1. Purpose. The purpose of the major recreation zone is to create a high quality environment for large amusement and recreation attractions with a regional draw, with a high degree of land use compatibility and street efficiency. It is further the intent of the zone to protect existing landscape features, to preserve open space, to sensitively integrate development with the natural landscape, and to require the planning of entire land ownerships as a unit rather than permit piecemeal or scattered small developments . Subd. 2 . Permitted Uses. Within the major recreation zone, no structure or land shall be used except for one or more of the following uses : A. public recreation; B. restaurants, class I; C. public buildings; or D. essential utility services . Subd. 3 . Conditional Uses. Within the major recreation zone, no structure or land shall be used for the following uses except by conditional use permit : * (note that no uses are limited to PUDs, because under the PUD section as drafted, a PUD for any use in any zone is allowed) * A. commercial recreation, major or minor, other than a Class A licensed horse racetrack; * (add provision in the PUD section, and elsewhere as appropriate, that major commercial recreation is allowed only through PUD) * B. a Class A licensed race track under Minn. Stat . Chapter 240, which may include the following uses : * (this has long been in the ordinance . I recommend deleting it, since a Class A licensed race track is commercial recreation, major, and covered in A above. If this is listed separately, it should also say that a PUD is required. ) * 1. horse racing; 2 . horse barns, training, grooming, and exercise facilities; 3 . employee housing and dormitories; 4 . horse auctions; 5 . maintenance facilities and equipment; 6 . parimutuel wagering; 7 . printing and publishing facilities for race track related purposes; 8. commercial storage of recreational vehicles - both interior and exterior; 9 . antique, craft, flea, and bargain markets; or 10 . product shows for vehicles and home. C. restaurants, class II; D. hotels, motels and conference centers; E. horse care uses including boarding, training, showing, grooming and veterinary clinic facilities; F. retail uses and entertainment facilities, provided such uses : 1. are an integral part of a permitted principal use; 2 . have no entrance except from within the principal building; 3 . display no external signage except on the first floor of the building; and 4 . occupy not more than 25 of the ground floor area. G. administrative, executive, and professional offices; H. health and athletic facilities; 2 . private lodges and clubs; J. warehousing and wholesaling conducted entirely within an enclosed building, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410 .4400; K. research laboratories conducted entirely within an enclosed building; L. uses having a drive-up or drive-through window; M. essential utility service structures; N. day care facilities; 0. relocated structures; P. structures over 35 feet in height; Q. developments containing more than one principal structure per lot; or R. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the major recreation zone, the following uses shall be permitted accessory uses : A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; or D. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5 . Design Standards. Within the major recreation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: Ten acres . B. Maximum impervious surface percentage: 80% . C. Lot specifications : minimum lot width: 300 feet minimum front yard setback: one-half of building height or 50 feet, whichever is greater minimum side yard setback: one-half of building height or 25 feet, whichever is greater minimum rear yard setback: one-half of building height or 30 feet, whichever is greater minimum rear yard setback from residential zones : one- half of building height or 50 feet, whichever is greater D. Minimum access spacing: County Roads 83 and 16 : No access is allowed other than to public and private streets with a minimum spacing of 600 feet . Shenandoah Drive and any continuation thereof to and including Secretariat Drive; and Fourth Avenue : Street and driveway access points must be separated by a minimum of 300 feet . Subd. 6. Performance Standards. A. Construction Materials. All structures must be constructed of materials in compliance with the requirements of Sec. 11 . of this Chapter. B. Parking. All developments must comply with the parking requirements of Sec . 11 . of this Chapter. C. Landscaping. All developments must comply with the landscaping requirements of Sec. 11 . of this Chapter. D. Screening. All developments must comply with the screening requirements of Sec. 11 . of this Chapter. E. Signs. All developments must comply with the sign regulations of Sec. 11. of this Chapter. [2 4 ZONORD SEC. 11 .31 .» M . .ma < : , RACE TRACK ZONE (RT) . ....:.. :<. }: .:.. Subd. 1. Purpose. The purpose of the : r§ ::..•4.....0>» race c t r acc zone is to create a high alit ...envir{onment for { aue , > :000404WWWo ^ v ; m ` I . Canterbury Downo raccrack• wita iigi"' legree -of l>a}nd use compa ibility and street efficiency. It is further the intent of the zone to protect existing landscape features, to preserve open space, to sensitively integrate development with the natural landscape, to appropriately apace driveways and to require the planning of entire land ownerships as a unit rather than permit piecemeal or scattered M ..:::::::::„:„:„:„.•:::„::::::..„::::::::::•„...,:::::: development on a lot by lot baaio. : dw..: ::{^..'.}y::{ +' •}}:?}?;•:.,i i:':.'Ff.•�'fr.:..}•.n'"}:i'ii'•i•}?: ...:....,v.{4::::::':. -. .�tr.��yt,Y� .{,.�.:y,y� :}:. ...:'}.:: .:. +:.... .: - - - •ili : :+,,,:•:::::. }?{.:.:. ;.:.;g :.':}�• `'� •'t''''+'.:r1 ;F::,�G-1,CZi,',:3 ;it:?F :`:`v„•,i,8E4,a",h, :.},°'N-,i'�--",- ytg� ':::n vf}!}^}•::.; f.•:irip.;.}:{4}:i'': ....v.,.....:iiy,''?�ji•. i..... v..nn.....v .......,.. 1. v •. v ?:{}}i}:{•i}:�:•:vvYrh\':•i.}:invi,v..`i�} 'iCi{•}%i\v`.4:{•}}?:• ��.�}�; /�y�� }.4:::':i::?,Y.•',x.,R?:iii:?�•^:..f:;:ij}`.:::?;:::i.`5'.is::>::-S$:?i:::`G7:•ii'�1lia'`�: ...:::::......::: :.��}a-y�.•:�.yh'�C.`.:R:;:'i^.:Y ;:i:::,'4z :•:iso:i :>•;::r<-:i;?::; ....i::;;;::�>::::?y:*.:i:l�: i7::iQ'$::iilii::{,.,-';.,r.,�i.J,',. ,i a,•, r : c .L,.`< :c•_• w-n,Y-,4? L}A''Jr`r• }-::;::.,v,. ..::J;iy}':?.'•,i}i'}i.,ifnM, •.';'{F,.i`{:�y.`:{•. Yv':;:;:;;}i}i?::riisi �;�••:y;, r:,.xxi:�>:z.>.:�>:::::};?."�;::i>:}�?a:s:?�:<;:�:•E<y:;i:=ir•:c'•i;'{•:.:{:{:s::ii: >}.;;i�:�:;�::::::f:::c:� :'s .eF�,Y..nyx:.+}'}:�� :v}:Trv•:'?:;:{{L:{+r}i:-?:;4::f•:•.,':.-:.;•}x•}:4i: `v$PM+<{':n•.v:f <i4.4"vi$iiiiiijiii:`vi:^}}}}:•rf.4'J.•}:i-}}}}}}i:•}i}}i:,+ 8ti::>:;,Y{:::v :�{:.;}: >:EI Uses - - --" ' - = _ - _ -- - _ _ - ' : - . - _ ::- - - Subd. 3 . UD . Within the : : 4: racc track zone, no structure shall be used"e ox cxcc• t for one or more of the +following or land ..:.:.:--... .Y. � V:. � 4,, ,{ 4 vk:•;':{..v,.v.,.-;:•}^:.}:-. -:�;F, ��•{{ a W(}.,t . •...A.;rjs-'flc4•�:fiG•:} .:Wii:<}T}rT+{�-:- e:v'r•::j}v is:i: .iX' �!•� '^�j!!i� •i{:gg ii i:y}:��:.',e,G.,:,,�,:,1{+,.,.i`.::. i}iu' .#n:•:::v:n:v.}:- ::::t•.:hhiF'^'•.{w.-^, u�•• �• ��yy y!'��y .ty�y-.:.\'v''• ii+i$i:.'�.�Y.��:.:.:: +11:,f!�•. {.::n v•r w:Fi;v.:::::::::::.v:::: \:'ii{i•:v}}:iv.{$`'�'•r S'e S :�!!^ : .:•i�.:jii•`.�iF::?U•:•.};-}:v'i'\'�---- w.4•n r{.v�j,SY\':i:'v::i+:::::::. ,+may ........... ...{:::+ v:},v�..}:......v...::}'}.•v.w:.. ^�::. :::::}:. :?�`-'. •• :i : .8: v.}?}:� }'}' •::, '"iii,Fwi-}}"F,•�:�/��'.",�,,.''':, :-}x,?s:.>:•}:::dam•:':.}:•:}p•:., ry :,3 :% f '''t';R:.e�:+a:b::;:•:::::::::•::•::.;...:. :..:::. :..:...:. ...:..... nF.:>..:� i::=i::b.�.o-�x �z�'!"'.,.,r v,:::......:..:.::::.:::::................::...,:.:.... ....,�-::)+�`.Y-'c:=;ir �`'{ :}:::'t:::::::i:::�::}•}..;.:;:o•'•::::::..: ...> .:::.. ::..,::. .: alI b ..i,�v•:.::•:::' :;.: ,` ?»: .:::'„ i> x'l::»><::: : . � : �• ... , chic udco oh c A. commercial recreation, major or minor, : F <>: =<=>_ Y'-}':{{:.i}vi:::hi'nv} +C^:V.{;, vi•...?i{py, :::{{: :fy ,y� y�e 7: h :•8F4.;...,.-:-.-..,.•'�'�••'''' fC•.`:". :'4 .h, .:^;.k'^-iy;:Cfika�',.iel".+k�{c't fiec;. ..: :::3:::,.,y. I. �ij :-:9Y . �iF 3a.. ::::,,.. :AMi}r :: . ..: -- IM:i i:::}} ,:.,.vwi L:,,,,,,iY.%.*; 'fr.{:.-...n.n.......n........:...... :......h.} 4:•:{•.-.......:..:}.-#�C8}.w};}}:•}i}: ii}}i:•}}}::::}.:......- a s s A MOW; t' -. t' B. a l i c cno cd...class ............:......... r>=„.::-•- •..•�i:,v � � race track �� '- �-�=- ..:;.,..��.,.�'...}.::{�. ::i?wi:':i_:i::v}:•}:i„+•4+ :.:i :�;:::;:>:i::::.:,a includc3}:.}.£he fo lowing ># which::}::z <:_< _ _ - - - - - • uses: WOUTWOO ....v..r �}/� Yyl� ::i{}:::{:{y.}v_: v,t:::i '`-•''•.�-':.}i vile',A..' :."}.r {::•;i, -y\ •}. y.. - {•'Y;Y 1_�:i' a -:r.N i-"t,. : 'ii?;} •''u�?v: :}�'--,.:v nTn':�:'.•}.'•}•'`.}v::.^C''4��r i - .'`.y { �ti Yv4-:::. re.�'.�{`:,�.,;u�.`.:-'... : ..:�- {:&"�••':<i;�>.•..:-: ..{x•:}.i”' ••:`F; :.i;nH;:a;}-.C:3:;:;: 3�:i?.; .•:',dFfias••-+ .�C•,i:,:;.:..: Nil...... tall 1. horse racing; 2 . horse barns, training, grooming, and exercise facilities ; 3 . employee housing and dormitories ; 4 . horse auctions; 5. maintenance facilities and equipment; 6. off 3trcct parking facilitic3; 7. parimutuel wagering; 8. printing and publishing facilities for race track related purposes; 9. racc track adminiotrativc officco; 10. oignagc; 11. commercial storage of recreational vehicles - both interior and exterior; 12 . antique, craft, flea, and bargain markets; or 13 . product shows for vehicles and home . C. restaurants, clao3 I and class II; D. hotels, motels and conference centers; E. horse care uses including boarding, training, showing, grooming and veterinary clinic facilities; D. public recreation; E. c3ocntial utility scrvicc3; F. retail uses and entertainment facilities, provided such uses : 1. are an integral part of a permitted principal use; 2 . have no entrance except from within the principal building; 3 . display no external signage except on the first floor of the building; and 4. occupy not more than 25% of the ground floor area. G. administrative, executive, and professional offices; H. health and athletic facilities; I. private lodges and clubs; J. warehousing and who .esaiing conducted et t:irely within an enclosed building except those involving a project that fits :within rine of the Mandatory EIS: Categories; ixncer Minn Rules 4410} 44E3:0 light ind:istria7 u3c3 but specifically limited to office showroom, corporate officc,J, research and development laboratories, warehousing and light assembly type maintenance; L. public buildings; N. day care facilities serving 13 through 1G persons; }.i;•}}}}:v..'.-Y:'-:.�,T4711?...�.�.•: C ":::}�i'�� ��k'•YM:. �.��:?.•'.•''��'...'.••.r.••-•;W0 ...S� ri.;in 4}::-m\•k :•}:N^'x.}. ,}yY.4,v,;.}j'M. ::?ti v:?:k'?fx::4-.;.:w.}r:.\.;x.Y•}'}Y. ..........................::r:::::::.: •::::....... •v;;4:4::.:, .v::CK•i:4}}::-v4'v?:,..... ... ::•:r:::-.}:.}}:4};{••. ::;•:L{ti;;l�t;y:}:: w::x,,:v v v:-0:••;4:•Y.ui}iY••r??v:::.}::•}r:?}{}.?r viy::.}y\44..::..: ..i.}r;:A...i•Y:iii,::r+?]:::ry.'}?:'r':ii••. ..}::...: ': 4''':.:.:..�.�.:.�$.'.�...; }. :.. . . :::i:.:: .:.;. .;>:.:..}: :;:?: +' : .;;.:: �{.: }•':.11?:.>: . :it` %• red` r•}r. :"r.'•.•:••:e'�.•, .. :�r •�::<.� k..-:i-.........::4:.::.}:•::,•}:.?.}::::.'.':.':::h�.,........... ',......... •.�fi:::•}::::•:•}:ir}}isr:.>:.}:•}:•>ti•.^•.;:•::::::•}w.:,\\:•}}:�;:-:}:::SkV:::r.:::::•:r.•:.....: `` o 0. accessory uses customarily appurtenant to a permitted use, as determined by the City Council . :.,.ti::{::::•::u4}ri•:,-:-:. �. .}::{?W.i :•}:.::}?h{k}:..::::::::::•.i..T':::•[y;.:...:..::v:::::':?..:•:.v?::::..:: ,a,.::.,..y;k.}:yf�S:: 1� S:� ....;fi,........::�.,...v. ,. ... .... ..::v 4':•�4:::;:. •,%:-`},:::. ,:r4:::"::}'niF%�::..nv-. •• \.4.v :::x. •..........:..:".....;}: .,.: +\;i;,? :•::•:.....:..vs�4!6,4:,•.;.:?}.ate.•'rc{. ..�+c•:.>:-'-}: ;•}: ..fo. •,»✓•.•y••+�••y': :r.:•si::4:.}:::>:?r?ty:::`:;:: ••irx:;::::.. apEgmlig smataamne:}:v •4:4••}}:4:?}�:};}:4+;ii::::}v4:•}}:C4}}}4:•}}2}::4}i:.> i>}:.}?:}:T;?:•}}:.:::::.:::r:.:. �y� ':f`1iFF . :v?}..::.iii.).:.. ��.�ed::::i:A.c��e���x:.:i:.:.:.€€���::.<:<�:>>+. �i: : :::: �.:<:::::::: :.:}......... . <::;::;Kra r• ........ .,:.,.... ::�i'•::is�i::i•:i`=:;to;,'+.;;::::::i:w}k.:i. ;.+.4.. �:,';i;?.<..},:.w:�::.::.::k ...:.. .:.�4:•'. �:::�.::.;.}:.}:....:�.»:.::...:...:.... ....i ..'�t..c�.� ... .:.. . ........:.... .::.}} €s�;.�:.:ow,�€.�... €:s�*s:.,... .a .�..:: ........�:.;}::4:4:?:,:4}::::::::.},4}}}}}}r'-':;;;r4,.4..:::.,,.:}.�..,,.....;4..K...........�4.�. ..��.e'.?:::Nte4' -' �� �<�:; .,.. . ..................:}.... .... .... envo'�::..'..':.,;'<? goo:21:x:.}.}:::.:;.}:.}}:.>}}}• -::.f��,• f�.::> p;.}' y: }::uN,;'r:-F: }�7Y.}:i:{ff95C\?:}':Y97PFq/:}:.. .NX{r'1..::i}:v-:':f:;'i::i�_::: j;:��y�.,;.�,�ti.fi: : ':"'F'�>''::<� % . li' ' ?:: 3 Lir:°:sl`. .'.WW.:'1:6 `~::Bitire•:k....::: •..:;:+ ;:?,4�2,�•}w:'•,.•+:�a:4:•::::::}rr...vx�::a�:•i-:•::}:.•:..r..... ......,�:. }:'.'r.:. :ii4}}Yi}::::;::::; ` }}}::iii+:�ii:}54Gi::':::�?�}?•L:::::y;:;:S::;::�ie:1� y::.iii itti::•1tti:,::i... %::::.::.4C:`::�'.;<ri::i i:::i'i:::i+;i::•::i`.• i.'i +: ;:elc�.iy:.{.":;i0r :.}: ;i>:O$6616 :'.�'}Ke:i::<: :; n . 0 :testax ..:: • i :v:••........:: ' :;•`.;i"iiiiir•;:}}}YYri?•}}}:?4}:•}}}}}}}:kA4a:isv:::-:n:,;\:4rx.......:,{,{r.:t.;..4�•i}}::.. ..... .......::ri?{:��:::.. ..v:. r.:.::.i:::?. ,-:.yy^:i;4}:4}i: '�.:::-.\:::}itiiiiij:•. i{. .'::'..'�};.}-:}54''•• v4JK:;4}"v:.' iii<-'.:\1 �•t}:-\\?Cd}`i}4kr':}}•':n.r {„v�4•}+rr ��:{:.£`•Y:}�:::,.,. :j:2?iv::::}.. :rr� ??':/ ifs :4Y• ,�;.. /•.,`:?::•\ .4 { ,:U •;•:..• {r?.•'. ........,...................................... ��� •'�” �-{}v• `` race track Subd. 5 . Design Standards . Within the �.` :•.,•.•i;<;+..•� 00 zone, no land shall be used, and no strucirure sha1I••beconstructe or used, except in conformance with the following minimum requirements : A. Density: minimum lot area : n'4§00s One (1) acre . B. Maximum impervious surface percentage : 80% . C. Lot specifications : minimum lot width: 300 feet • • ?'.?'.is?'??v}:: • v::•;nv.:::..�.:::::...i}?..:•:..-:-:.:. .:>i.:.:..;.... ::..Yt.• .::{:.}?i i:i;>..::..:.:}:+i ...?:•i:' ':ii:i::;: ::i::?'?`.: :::::i` :::i::i;::..i_:: •i:•\ .{:::-.'::�': s:..:::i:.:.:: ::.>:..::.s:.»i:.>.:-: _.::.a.:.>.....:.::::::::;..:..:::4?:..:.. :.......:..:...:.y..:... Ogig50::::::; :ee :°> =ini #: chewer::>:�s><:g eat •x•?;••:c.:::.::::::::::::.::f+.-'.,4...:.:.:. .::.:::.:.;'.:::.,.?:..�. �'.:YyJry/::4C+.. '::::::.:::. .:::::::::: :.:...:.s•;.>:.:::.:.:i':.:::i'..::.>:.>'::.. 4....•,..: .:::;::.:>:i.::}:.::;:;:.':::::.:i:i;:�'�:���.'%1y�:� ; 4?:4:•:i.isi????i:•.vv}}}}}}iiii::...?...?:::`:: Ji:vi?$i'-?ii}}}i?i:.L?:'iIXt?+i:i'3?}:•v:4:•???:4}iX::i::Y:l:`c::{vii:.? i•:^?.:?::ir:v;:w::::.-:::.:-:.�: ::::.::::::. €Jr:>: 5 :>few:t ><' hic eve r:>:: :s:<:>:. reater ::>i::»iii::ii::>:;:::is:;;:.:.:i::>::i::i::>: ::ii::>»:;;::< . :..::.::._. .:.::::..:.::: :.<.:::.::.:::::. .::..::::::. . . ... .:::. . .. . .:::. . ..:. . . . � �� . �t ?:i-?::i::::v?i?::h:;•}i:_?ilii i:;ii"ri'�`:i::...:i::^:•:?:'ryi??iiiii?}i:'.}iN:i?4'::::.?:.:?i??:•::.:�i:.y::?):::i'?X.i::i:iiii???<:..:::::.:.:::.:::.......v..v......................................................... ..::.......:....................... ..................::..^iii:.:.:?i???i?i????:i3?;^????i??::.::::�vn::::::::.v::-._::::::::�:•::.i?Y".?i??i???i:4::::::.v??i?i;}::'�iY'??:•i??:•??•n4.•4?:{?"•i!C4:4:4:^ii:G:4:•i:•?:vii:•?:4:4:^?:^:4?}i?i?i?i}i?: w.:;.�.:::.?'�::::?::..:....:::.:'::::.:::'::':-!ii.`.:..:..::.:.r. ::?:<+;-w'.i...::::.{:..... v::i.:.'.... :}y}: .:.?.t::. ..: .:h:: •.?????r _:.:.. i:�i'i?ii.....v..--??J ..v..:.n n:..:..:......... -rvv. ........• .w\vvvv.............................:n4::.v...n....v...v..................,............................ minimum front yard 3ctback: 50 fcct minimum 3idc yard 3ctback: 25 fcct minimum rcar yard 3ctback: 30 fcct minimum roar yard 3ctback from rcsidcntial zonc3: 54 fcct D. Ilcight : 35 fcct E. Minimum access spacing: County Roads 83 and 16 : No access is allowed other than to public and private streets with a minimum spacing of 600 feet . Shenandoah Drive and any continuation thereof to and including Secretariat Drive; and Fourth Avenue : Street and driveway access points must be separated by a minimum of 300 feet. Subd. 6. Performance Standards. A. Construction Materials. All structures must be constructed of materials in compliance with the requirements of Sec . 11. of this Chapter. B. Parking. All developments must comply with the parking requirements of Sec . 11 . of this Chapter. C. Landscaping. All developments must comply with the landscaping requirements of Sec. 11 . of this Chapter. D. Screening. All developments must comply with the screening requirements of Sec. 11 . of this Chapter. E. Signs. All developments must comply with the sign regulations of Sec . 11 . of this Chapter. [24 ZONORD] DORSEY & WHITNEY A PANT Ia IYCLCDn.o poemssioWAL CORPORATIONS ROCHESTER, N NEW YORK PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET BILLINGS wASHINGTOv, D. C. MINNEAPOLIS, MINNESOTA 55402-1498 GREAT FALLS DENVER (612) 340-2600 FAX(612)340-2868 MISSOULA ORANGE COUNTY, CA DES MOINESLONDON G.LARRY GRIMM P.A. (612)3402747 FARGO BRUSSELS February 24, 1994 By Messenger Karen Marty Lindberg Ekola City Attorney City Planner City of Shakopee City of Shakopee 129 South Holmes Street 129 South Holmes Street Shakopee, Minnesota 55379 Shakopee, Minnesota 55379 Dear Ms: Marty and Mr. Ekola: I am enclosing ten copies each of: 1. Proposed Ordinances for Major Amusement Park (MAP) Zone and 2. Proposed revisions to the Floodplain Zone. I would appreciate it if you could both distribute these to the City Council for its consideration at the upcoming meeting on March t 1 and recomments. ityourselves, so that we and the City Council can have Y We have tried to follow the format of your proposed Ordinance and have tried to focus not only on those matters which are important to Valleyfair but also those which are significant to the City. After you have had an opportunity to review the enclosures, if you would like to talk about this prior to the March 1 number. meeting, please call either my associate, Jeff Benson at 340-2757 or me at the above Very truly yours, GLG:kh G. Griffith Enclosure cc Walt Wittmer By Messenger PROPOSED NEW MAJOR AMUSEMENT PARK ZONE: SEC. 11. . MAJOR AMUSEMENT PARK ZONE (MAP) Subd. 1. Purpose. The purpose of the amusement park zone is to provide a zone which accommodates the unique character of a major amusement and entertainment park and related uses. Subd. 2. Permitted Uses. Within the amusement park zone, no structure or land shall be used except for one or more of the following uses: A. an amusement and entertainment park which may include the following activities, facilities and accessory uses: 1. amusement rides and attractions; 2. food, beverage (including alcoholic beverages) and merchadise sales; 3. theme parks; 4. picnic grounds and camp grounds, including recreational vehicle parks; 5. employee housing and dormitories; 6. administrative offices and other appropriate support buildings; 7. off-street parking facilities; 8. theaters; bandshells; stages and similar facilities; 9. day care facilities; maintenance facilities and equipment; and essential utility services; 10. hotels, motels and/or conference centers; 11. retail establishments; 12. restaurants, class I and II; 13. such other activities, facilities and uses as are customarily found in, or appropriate to, a major amusement and entertainment park. B. commercial recreation, major; Subd. 3. Permitted Accessory Uses. Within the amusement park zone, the following uses shall be permitted accessory uses: A. parking and loading spaces; B. temporary construction buildings: C. decorative landscape features; D. exterior storage so long as it is not readily visible from off the property; E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd, 4. Design Standards. Within the amusement park zone, no land shall be used, and no structure shall be constructed, except in conformance with the following minimum requirements: A. Density: minimum area: 150 acres on either one lot or on contiguous parcels; B. Maximum impervious surface percentage: 80%; C. Lot specifications: minimum front yard setback: 25 feet minimum side yard setback: 25 feet minimum rear yard setback: 25 feet minimum setback (front, side and rear) from residential zones: 50 feet D. Height: not more than 200 feet within 200 feet of any boundaries of the amusement park zone; not more than 300 feet otherwise; Subd. 5. Performance Standards. A. Construction Materials. All structures must be constructed of materials in compliance with the requirements of Sec. 11. of this Chapter. B. Parking. All developments must comply with the parking requirements of Sec. 11. of this Chapter. 2 C. Landscaping. All developments must comply with the landscaping requirements of Sec. 11. of this Chapter. D. Screening. All developments must comply with the screening requirements of Sec. 11. of this Chapter. E. Signs. All developments must comply with the sign regulations of Sec. 11. _ of this Chapter. 3 VALLEYFAIR MAJOR AMUSEMENT PARK (MAP ZONE) OTHER PROPOSED REVISIONS TO THE PROPOSED ZONING ORDINANCES: I. SEC. 11.60. SUBD. 4. CONSTRUCTION MATERIALS. Add a new paragraph D as follows: D. In the MAP zone acceptable materials include brick, stone, stucco, glass, glass urethane, wood, concrete, decorative block, painted block, cast in place or precast concrete panels, fiberglass, plastics, vinyl, aluminum, steel and other metals and any other materials which are appropriate to the particular attraction, amusement, building, theme park component or other structure at issue. II. SEC. 11.60. SUBD. 10. EXTERIOR LIGHTING. Add a new paragraph G as follows: G. The foregoing provisions of this Subdivision shall not apply to the MAP zone, which shall instead be governed by the following provisions: 1. Exterior lighting shall be designed and constructed to limit direct illumination and glare upon or into any other lot or street. Reflected glare or spill light shall not exceed five-tenths footcandle as measured on the property line when abutting any residential lot and one footcandle on any property line abutting a business or industrial lot. Street lights installed in public right-of-way shall be excepted from these standards. 2. Mitigative measures shall be employed to limit glare and spill light to maintain traffic safety on streets. 1 III. SEC. 11.60. SUBD. 11. NOISE AND VIBRATION. Add a new paragraph E as follows: E. The foregoing provisions of this Subdivision shall not apply to the MAP zone, which shall instead be governed by the provisions of this subsection. In the MAP zone noises emanating from any use shall be in compliance with City Code Sec. 10.60 and shall not exceed any standard set by the Minnesota Pollution Control Agency. Any use established or remodeled after the effective date of this Chapter shall be so operated as to prevent vibration discernable at any point beyond the boundaries of the property line. Ground vibration and noise caused by temporary construction or demolition shall be exempt from the these regulations. IV. SEC. 11.61. PARKING. Add at Subd. 2.B.1. : "Except in the AG zone and MAP zone, . . . ." Add at Subd. 2.B.2.: "Except in the MAP zone,. . . ." Add a new Subd. 5. as follows: Subd. 5. MAP zone. The general provisions of Subdivisions 3 and 4 above shall not apply to the MAP zone, which shall instead be governed by the following provisions: A. Access and Location. Parking facilities shall provide a direct access to a public street or alley. B. Traffic Flow. Parking facilities shall be designed so that vehicles may enter, circulate, park and exit in a convenient and orderly fashion. Backing onto streets is prohibited. C. Angled Parking. Parking spaces oriented at less than 90 degrees to the aisle shall be limited to one-way circulation. D. Setback. A minimum 15 foot setback shall be required between any parking facility and a street. A minimum 5 foot setback shall be required between any parking facility and any other property 2 line. These parking setbacks shall be landscaped in accordance with the requirements listed in Sec. 11.60, Subd. E. Handicapped Facilities. Required handicapped spaces shall be provided as specified in the State Building Code. F. On-Site. All parking facilities shall be provided on-site unless the existing on-site parking is rendered unusable as a result of flooding, climatic conditions or other force majeure events or conditions. V. SEC. 11.70. SIGNS. Add a new Subd. 13. as follows: Subd. 13, MAP Zone. A. Any provision of this Chapter to the contrary notwithstanding, there shall be no restrictions or prohibitions with respect to signs that are located 100 feet or more from the nearest boundary line of the MAP zone, are not a nuisance and are not a health or safety hazard. B. Except for directional, traffic and service signs, and except for signs otherwise permitted under this Chapter, any signs that are located within 100 feet of any boundary line of the MAP zone and have a surface area in excess of 50 square feet shall be permitted only by conditional use permit. C. One free-standing sign per facility or street frontage up to 350 square feet and 30 feet in height from the existing grade shall be allowed when the following requirements have been met: 1. Signs less than 20 feet in height shall include a landscaped area at the base of the sign at least 10 feet in width at the narrowest point and extending at least 5 feet beyond the end of the sign. Signs greater than 20 feet in height shall increase the area to be landscaped by an additional one foot in both length and width for each 2 feet of height in excess of 20 feet; 3 2. The bottom of the message portion of the sign shall be not more than 10 feet above the top of the landscaping; 3. The pylons or support structure of the sign shall be screened with evergreen trees or shrubs; 4. Other durable plantings at least 2 feet in height shall be designed to occupy a minimum of 50 percent of the required landscape area; 5. The required landscape area shall not encroach on the public right-of-way; 6. The sign and landscape area shall be maintained in a neat, clean and orderly manner; 7. The facility shall have at least 2 feet of street frontage for each square foot of signage. 8. The sign shall not create a health or safety hazard. [NOTE: THE FOREGOING SECTION C. CONTAINS THE ENTRY SIGN STANDARDS CURRENTLY IN THE PROPOSED ORDINANCES REGARDING COMMERCIAL RECREATION, MAJOR.] D. Any existing signage which does not now comply with the applicable provisions of this Chapter as of the date hereof may be continued and maintained notwithstanding the non- compliance, and if such signage is damaged or destroyed, may be repaired or reconstructed to its original condition or may be replaced with a sign substantially similar to the sign that was destroyed or damaged. This paragraph shall control over any conflicting provisions in Sec. 11.91 of this Chapter (entitled "Nonconformities"). 4 VALLEYFAIR PROPOSED REVISIONS TO FLOODPLAIN AND OTHER ORDINANCES I. SEC. 11.83. ZONING ORDINANCE AMENDMENTS. Revise Subd. 9. A. as follows: Subd. 9. Special Provisions for Floodplain Overlay Zones. In addition to the criteria required for any change to the zoning map, all of the following criteria must be found to exist before the floodplain overlay zone can be removed from any land: A. Any one of the following conditions is satisfied: 1. the original map was in error; 2. the area has been filled to or above the elevation of the regional flood and are contiguous to other lands lying outside the floodplain district or flood control measures which meet the requirements of the rules promulgated by the Minnesota Department of Natural Resources are constructed and operative; or [note: this revision mirrors the language of Minn. Rules. §6120.5800. Subp. 2.] 3. the Commissioner of the Department of Natural Resources has determined that the lands are adequately protected for the intended use; B. [no change] C. [no change] 1 II. SEC. 11.43. FLOODPLAIN OVERLAY ZONE (FP). 1. Revise Subd. 3 to limit its application to the floodway, as follows: "Subd. 3. Permitted Uses in the Floodway Area. Within the floodway area, no structure or land shall be used except for one or more of the following uses [, which also must be a permitted use in the underlying zone]:" [note--we suggest that the phrase in bold--and similar qualifications throughout this section be deleted. This is an overlay zone and the qualification goes without saying, and is confusing. For example, does this qualification exclude accessory uses and conditional uses pursuant to valid CUP's? If necessary the City can and perhaps should add language at Subdivision 1 stating that this is an overlay zone and that all of the requirements of the underlying zone must be complied with in addition to the requirements of the overlay zone. We think this approach may help to eliminate sometimes confusing, and unnecessary, discussions of permitted, accessory and conditional uses with respect to the underlying zoning and how they relate to permitted, accessory and conditional uses in the overlay zoning. This approach also would eliminate the need to repeat this qualification in every section] [no changes to listed items at A. through F.] 2. Revise Subd. 5 as follows: • "Subd. 5. Structures in the Flood Fringe Area. Any use of land in the flood fringe area involving the construction of new structures, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure or obstructions such as fill or storage of materials or equipment shall be subject to the development standards set out in Sec. of this Chapter [reference here the construction standards to be relocated from the conditional use standards section of the code--see below bullet point]." [note: this language follows the DNR Model Flood Plain Ordinance. The important concern here is that the owner will not have to go through a conditional use process for every structure erected in the flood fringe. The approach suggested by 2 the DNR, and in our view the preferable approach, is that, provided the use and structure comply with the underlying zoning, the structure should be allowed in the flood fringe provided it is constructed in accordance with the required flood proofing measures]. • A new subdivision should be created under this FP zone that sets forth the development standards applicable to the flood fringe. All that needs to be done in this regard is to remove these standards from the various sections setting out conditional use permits standards (Sec. 11.86 and following), where they now are, and place them in the FP zone section of the ordinances. • The net result of these changes is that an owner would be able to make any use of his property in the flood fringe areas that (i) complies with the underlying zoning, (ii) complies with the building code, and (iii) complies with DNR flood protection/proofing requirements. III. SEC. 11.85. CONDITIONAL USE PERMITS. Subd. 9. Term. (p. 206): The revisions have shortened the period in which a CUP will lapse if the use is discontinued. The existing period is 12 months. The new language is "A conditional use permit will expire if the normal operation of the use has been discontinued for 6 or more months." I am not sure what the phrase "normal operation" means in the context of a seasonal business. Also, it is not always feasible to restore operations within 6 months of a casualty. The original 12 months should be restored. 3 Memo To: Mayor and City Council From: Barry A. Stock, Asst. City Admin. RE: Sale of Shakopee Cable System - Non-Agenda Informational Date: March 1, 1994 Today we received notice from Amzak Cable, Midwest officials that they have signed a purchase agreement to sell the Shakopee Cable System to Paragon Cable. (Attachment #1) There are several approval steps that need to be completed by the Franchise Authority (The City) prior to the actual transfer of ownership. More information regarding that process will be forthcoming over the next month. I wanted to get this information to Council immediately since a news release was issued today by Paragon Cable. (Attachment #2) NQRTEL CABLE TV TEL No . r,1 25717879 Mar 1 .94 13 :22 No .01 1 •P .02 AMZAK CABLE, MIDWEST INC. (612) 571.9333 350 63rd Avenue N E •Fridley.MN 55432 March 2, 1994 The Honorable Gary Laurent Members of the City Council City of Shakopee 129 Holmes Street South Shakopee, Mn. 55379 Mr. Mayor and Members of the City Council: I am writing to y ou today to announce that we have signed a purchase agreement to sell the cable television systems we operate inMinnesota to currently provides Incorporated cthe ablcsenice companyent of Paragon Cable. As you may know, and Minnetonka, to the cities of Minneapolis, Eden Prairie, Edina, Richfield, Hopkins Minnesota. I make this announcement with a mixture of regret and excitement. Regret, in that we have enjoyed the time we have operated the cable system in your community. We sincerely thank you all for helping us to build our business here and bring to our customers a quality product, fairly priced, backed by excellent customer service. We genuinely appreciate the excellent relationship we have enjoyed with the City's staff, a relationship which has helped our management and employees serve your residents to the best of our ability. However, any regret we may feel is tempered by excitement for your City and its residents since KBLCOM/ Paragon is one of the few cable companies in the country poised to provide the latest and most competitive services. This change will insure that your residents arc will served now and in the future as the landscape of telecommunications continues to evolve. In my dealings with representatives from KBLCOM/Paragon it is clear they arc excited about serving your community and wish to move forward to complete this transition as soon as possible. Since I expect that it has been a while since you or the City Staff has reviewed the federalthe statutes regarding transfers of ownership, I have dctnhthe of enclosing a copy of portions of the F.C.C.relevant portion of the new Cable Act of 1992, an relevantcant changes in the law which regulations. You will note that there have been some signifiMAR-01-1994 Q94 12•LOU 2 1 6121'7079379 P.02 l57 "+0F TEL CABLE TV TEL No .6125717879 Mar 1 .94 13 : 22 No .011 P .03 streamline transfer procedures, and which are intended to make the process move quickly and smoothly. We along with the officials from KBLCOM/Paragon look fomard to working with you in the transfer process. Please call on us at any time you have questions. ,!7 tiir}cetely, 2;22l: raid President and Chief Executive Officer cc: Dennis Kraft City Manager Barry Stock Assistant City Manager 11R-01-1994 12:29 6125717879 P.03 NOPTE_ CABLE Tv TEL No .612571789 Mar 1 ,94 13 .21 No .011 F .04 PAGE 1 t Rank (R) Database Mode Page Citation R 1 OF 1 47 USCA s 537 47 U.S.C.A. s 537 UNITED STATES CODE ANNOTATED OTTELEGRAPHS TITLE 47. TELEGRAPHS, TELEPHONES, lADIOIOTN CHAPTER 5- -WIRE OR RADIO COMMUN SUBCHAPTER V-A- -CABLE COMMUNICATIONS PART II--USE OF CABLE CHANNELS AND CABLEGovt.SRESTRICTIONSETs COPR.Cr (c) WESthrough h9P.L.4 No Claim 1 3-210,to approved 12-20-93 Current throug s 537. Sales of cable systems. (a) 3-Year holding period required Except as provided in this section, no cable operator may sell or otherwise P -month transfer ownership in a cable system wtofnsuch6system byrsuiod chfope�ator,either the acquisition or initial construction (b) Treatment of multiple transfers In the case of a sale of multiple systems, if the terns of the sale require ne the buyer to subsequently transfer onshallpbefconsideredone or ra part ofsuch sthesinitial or more third parties, such transfers transaction. (c) ExcepLions Subsection (a) of this section shall not apply to- - (1) any transfer of ownership erest in any cable system which is not subject to Federal income tax liability; any law or any act of any Federal (2) any sale required by operationfranchising Y agency, any State or political subdivision thereof, or any authority; or assignment, or transfer, to one or more purchasers, assignees, (3) any sale, controlling, or under common control with, the or transferees controlled r. seller, assignor, (d) Waiver authority The Commission may, consistent with the public interest, waive the requirement of subsection (a) of this section, except that, if the franchise require approval of a transfer, the Commission shall not waive such franchise authority the transfer. The requirements unless the franchise authority has approvedro riate Commission shall use its authority foreclosureunder this suorection other financial distress. transfers in the cases of default, (e) Limitation on duration of franchising authority power to disapprove transfers MMOMMEMMOW IMAM MAR-01-1994 12=30 6125717879 94% P.04 NORTEL CABLE TV TEL No .5125717879 Mar 1 ,94 13 :22 No .011 P .05 47 USCA s 537 PAGE 2 TEXT (d) In the case of any sale or transfer of ownership of any cable system after the 36-month period following acquisition of such system, a franchising authority shall, if the franchise requires franchising authority approval of a sale or transfer, have 120 days to act upon any request for approval of such sale or transfer that contains or is accompanied by such information as is required in accordance with Commission regulations and by the franchising authority. If the franchising authority fails to render a final decision on the request within 120 days, such request shall be deemed granted unless the requesting party and the franchising authority agree to an extension of time. 1994 Pocket Part Credit (s) 1VES'L.AW . MAR-01-1994 1230 6125717879 94% P.05 /14-4-c-AZ rt's9 __'S ?:T9 TT:ET P66I-TO-dHt4 PARAGON CABLE ., '. E A March 1, 1994 Dennis Kraft - City Manager City of Shakopee 129 Holmes Shakopee, MN 55379-1376 Dear City Official: KBLCOM, parent company of Paragon Cable Minnesota, is pleased to announce the acquisition of Nortel Cable Associates, L.P. ("Nortel Cable TV") and its related properties, including Amzak Cable Midwest, Inc. and Minnesota Cable Properties, Inc. ("Amzak Cable TV"). This acquisition reflects KBLCOM's and Paragon Cable's commitment to the Twin Cities marketplace and to providing quality service and premier entertainment value for our customers. We look forward to working with your city. A copy of the news release on the acquisition announcement and background on Paragon Cable are attached for your review. We expect to finalize the acquisition agreement in May 1994. Once the acquisition is finalized, we will begin merging operations. The changer in ownership o o ll cau offer ause no disruption in service to Nortel and Amzak customers, in fact the largerg op ern benefits to customers in the future. As you may know, Paragon Cable is headquartered in Minneapolis and serves the communities of Eden Prairie, Edina, Hopkins, Minneapolis, Minnetonka and Richfield. The acquisition will increase Paragon Cable's service area to include Bloomington, Carver, Chaska, Fridley, Jordan, Madelia, Montrose, New Prague, New Ulm, Shakopee and St. Louis Park. For the past two years, Paragon Cable has received an award from the National Cable Television Association recognizing our quality customer service. We are excited to extend this award-winning service to our new communities. Finally, in light n tl the changes m Nortel andanAmzak to itated by the Parag no Cable as smooth as possible. Again, we look ations over the past year, our goal is to make this transition from forward to meeting you soon and working with you in the months to come. Sincerely, C Wayne Knighton Kim Roden Executive Vice President Director of Public Affairs and General Manager 801 Plymouth Avenue North,Minneapolis,Minnesota 55411 612'522-5200 TDD 612/522.4538 FAX 612/521-7626 A KBLCOM ncorporcted compony T0'd 9b2.9 EES cT9 'elosauutW U° ° °d 1dd90:ET t66I-10-20 _ Prt 9 EES ET9 TT:ET 1766T-TO-'dOW PARAGON c ♦ e L E News Release For Immediate Release Contact: Kim Roden Director of Public Affairs Paragon Cable 612-287-3652 PARAGON CABLE ACQUIRES NORTEL CABLE Acquisition Makes Paragon Cable the Leading Minnesota Cable System MINNEAPOLIS, March 1 — KBLCOM, the parent company of Paragon Cable Minnesota, today announced that it will acquire Nortel Cable TV and its related properties, making Paragon Cable the largest cable provider in Minnesota. The stock- for-stock transaction, valued at S87 million or approximately $1,833 per subscriber, is expected to be finalized in May I994. The acquired cable systems currently provide cable service to more than 47,460 customers in the Twin Cities metro area and south central Minnesota. "This acquisition is an excellent growth opportunity for Paragon Cable," said Wayne Knighton, vice president and general manager of Paragon Cable Minnesota. "We look forward to welcoming these new customers to Paragon Cable and providing them with premier programming, value and quality service." Paragon Cable will acquire Nortel Cable Associates, Amzak Cable Midwest and Minnesota Cable Properties. The change in ownership will cause no disruption of service to Nortel and Amzak customers. Nortel and its related companies currently provide cable service to the communities of Fridley, St. Louis Park and Bloomington, Minn. Amzak Cable and Minnesota Cable Properties serve Carver, Chaska, Jordan, Madelia, New Prague,New Ulm, Montrose, Shakopee and Waverly, in addition to the townships of Jackson, Lanesburg and Helena, Minn. The acquisition brings Paragon Cable's subscriber base to 164,360 from 116,900 and number of homes to 357,452 from 268,577. -more- 801 Plymouth Avenue North,Minneopoiis,M nnesoto 55411 612/522.5200 TOO 612/522-4538 FAX 612!521-7626 A KBICOM,ncc•ooro'ed compory EO'd 8tL-9 EES EI9 elosauutW uo6e.Jed WdLO:ET t'66I-I0- .0 ZO'd 81729 EES ZT9 ET:ET 1766T-TO- UN ACQUISITION.../2 "Our goal is to be the premier provider of electronic entertainment, information and communications services in Minnesota. This acquisition positions us well in the marketplace," said Knighton. "Paragon Cable is always looking for strategic business opportunities that further our ability to deliver quality information and entertainment to our customers. "This larger presence for Paragon Cable will benefit all of our customers, " said Knighton. "By increasing our customer base and presence in the market, in the long- run we will be able to offer our customers enhanced programming and award-winning service." Paragon Cable currently provides cable information and entertainment services to more than 116,900 customers in the Twin Cities area and employs more than 240 workers. Paragon Cable is headquartered in Minneapolis and serves the cities of Minneapolis, Eden Prairie, Edina, Hopkins, Minnetonka and Richfield. #### 1994 £0'd 817£9 ??S ET9 e;osauuTW uoGeued WdLO•ZT 17661-T0-£0 _ J ��� �. �J TJ FY :Et L'EIS1.-LO-dC_ P�t LTJ V PARAGON ♦ e i E News Release EDITORIAL BACKGROUNDER Contact: Kim Roden Director of Public Affairs Paragon Cable 612-287-3652 THE "NEW" PARAGON CABLE MINNESOTA With the acquisition of the Nortel Cable TV and Amzak Cable TV systems, KBLCOM, parent company of Paragon Cable Minnesota, will become the largest cable provider in Minnesota, serving 18 Minnesota communities and 164,360 subscribers. Headquartered in Minneapolis, Paragon Cable had an original service area of six cities, including Minneapolis, Eden Prairie, Edina, Hopkins, Minnetonka and Richfield. The Nortel Cable system adds Bloomington, Fridley and St. Louis Park to the Paragon Cable service area, and the Amzak/Minnesota Cable Properties system adds the suburban communities of Carver, Chaska, Jordan, Madelia, Montrose,New Prague, New Ulm, Shakopeetand Waverly, in addition to the townships of Jackson, Lanesburg and Helena in south central Minnesota. • The acquisition of Nortel and Amzak: • Increases Paragon Cable's customer base 39 percent, to 164,360 customers from 116,900. • Increases the number of miles of cable in the Paragon Cable system to 2,507 miles from 1,545 miles. • Increases the number of homes passed in the Paragon Cable service area to 357,452 from 268,577. • Increases the Paragon fleet of trucks to 104 from 65. -more- 801 Plymouth Avenue North,Minneapolis,Minnesota 55411 612/522-5200 TlOD 612/522-4538 FAX 612/521-7626 A KBLCOM ircorporo'cd comport' t-c•d EES ET9 eosauutI uoEeJed Wd80:ET p66T-T0-a0 81729 ECS EI9 ET :ET t66 L-L©-WW 1;0'd "NEW" PARAGON.../2 Paragon Cable Value Paragon Cable has qualified for the National Cable Television Association seal of Good Customer Service each year since March 1991. In order to receive this award, Paragon Cable successfully achieved a number of standards for a consecutive 12 month period. These quality service standards include how quickly telephone calls are answered; response in completing installations, service calls and outages; hours of operation; understandability of bills refunds and customer communications, and more. Paragon Cable has consistently scored at or above each of these requirements. Paragon Cable is extending its commitment to continually enhancing the value of its cable service to the company's new service areas, providing all customers with the most innovative products and programming available. Paragon Cable is a subsidiary of KBLCOM Incorporated, based in Houston, Texas. Formerly Rogers Cable TV, Paragon Cable was acquired by KBLCOM on March 14, 1989. KBLCOM owns and operates cable systems in and around San Antonio; Minneapolis; Portland, Ore.; • Orange County, Calif.; and Laredo, Texas. Paragon Cable Minnesota is KBLCOM's second largest cable system. • • -0- 1994 O"d St<_'9 EES (19 el.osauuIW uoGeJed Wd90:cT t661-i0-20 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : February 23 , 1994 RE: Zoning Ordinance Draft At the last City Council Committee of the Whole meeting discussing the draft zoning ordinance, Councillor Bob Sweeney requested additional provisions of the state rules relating to environmental review. In particular, he asked for a copy of Part 4410 .4300 to answer questions about the meaning of Part 4410 .4400 . In case you all may be interested, I am sending a copy to each of you. This is just for your information. Signed AL-A47b Karen Marty, C./Mr Attorney G: KEM:bjm [23MEMO] Attachment cc: Dennis Kraft Lindberg Ekola l',4,;!.19sgr�`� --- art -} -' 'ms . s•r ! 3 144 ? 3445 ENVIRONMENTAL REVIEW; CRITICAL AREAS 4410.4300 )acts of responsible for its preparation. Where federal laws have environmental docu- ment requirements in addition to but not in conflict coo those ate inMinn sot tat- • utes, section 116D.04, governmental units s p these with . d to be requirements as well as those of state laws so that one document can comply ric EIS - all applicable laws. .a: • Subp. 3. Federal EIS`U draftslEISutiliGe If da ft or final federal EIS as the draft of the pared for a project, pr thejec R .:, state EIS for the project it'the federal EIS addresses the scoped issues and satisfies i the standards set forth in part 4410.2300. degree Authority: MS s 116D.04 subd 5a • Statutory Dr loca- MANDATORY CATEGORIES a. 4410.4300 MANDATORY EAW CATEGORIES. :oordi- = Subpart 1.Threshold test.An EAW must be prepared for projectsoethat meet s tore be or exceed the threshold of any of subparts 2 to 34, unless the p j x ores in exceeds any thresholds of part 4410.4400,in which case an EIS must be prepared. :tion is 4 Multiple projects and multiple stages of a single project that are connected Y i circu- l i actions or phased actionsoldssofthis parteand�part 44110.4400.comparingen the project or projects to the thresh e scop- 2. Nuclear fuels and nuclear waste. Items A to F designate the RGU .f _ Subp. `-.� for the type of project listed: search A.For construction or expansion of a facility for the storage of high level 13 :ce,the •.-,:- . nuclear waste, the EQB shall be the RGU. c :ype of B.For construction or expansion of a facility for the storage of low level - nuclear waste for one year or longer, the MDH shall be the RGU. sent of y C. For expansion of a high level nuclear waste disposal site, the EQB sstruc- -- shall be the RGU. e same _ al site D. For expansion of a low level nuclear waste dispos , the MD 1 harm- shall be the RGU. . E.For expansion of an away-from-reactor facility for temporary storage that is �. . of spent nuclear fuel, the EQB shall be the RGU. ricEI- F. For construction or expansion of an on-site pool for temporary stor- 4 ric EIS age of spent nuclear fuel, the EQB shall be the RGU. Subp. 3. Electric generating facilities. For construction of an electric power ` e EIS _ generating plant and associated facilities designed for or capable of operating at 1- the EQB shall be the RGU. �_ eview. _ capacity of 25 megawatts or more, refin- _ EIS by =it Subp. 4.Petroleum refineries.For expansion of an existing petroleumthe PCA ..- shall i if the ; '.er- ery facility that increases its capacity by 10,000 or more barrels per day, pecific shall be the RGU. `` Subp. 5.Fuel conversion facilities.Items A and B designate the RGU for the g pre- type of project listed: eat,or bio- T >ro�ect -";. A. For construction of a facility for the conversion of coal,p _a�; ,r' =ti'j mass sources to gaseous, liquid, or solid fuels if that facility has the capacity to • -- ,, utilize 25,000 dry tons or more per year of input, the PCA shall be the RGU. of a facility for the production or more `-'�-_ B.For construction or expansion �' A^- hol fuels which would have or would increase its capacity by t., OCU- s: ; x • gallons per year of alcohol produced, the PCA shall be the RGU. i. Subp.6.Transmission lines.For construction of a transmission line at a new P. with -A1','- location with a nominal cache E of 70 kilovolts or shall be the RGU. with 20 or more miles i Min, ' ..-` of its length in Minnesota, Q of project Act, ..` - Subp. 7. Pipelines. Items A to D designate the RGU fort e type , cental >i'` listed: than six inches in diameter and hav- -N::, A.For routing of a pipeline,greater ointly .. '-i• r>: lS i^� i • 4410.4300 ENVIRONMENTAL REVIEW; CRITICAL AREAS 3446 i ,'Y ing more than 0.75 miles of its length in Minnesota, used for the transportation '. of coal, crude petroleum fuels, or oil or their derivates, the EQB shall be the -0 c; RGU. • 3,.4` B. For the construction of a pipeline for distribution of natural or syn- i t thctic has under a license,permit,right,or franchise that has been granted by the - municipality under authority of Minnesota Statutes, section 216B.36, designed "- ',, to operate at pressures in excess of 275 pounds per square inch (gauge) with a length greater than: (1)five miles if the pipeline will occupy streets, highways,and other it ; public property; or (2) 0.75 miles if the pipeline will occupy private property, _4t the EQB or the municipality is the RGU. `*'= 't? C. For construction of a pipeline to transport natural or synthetic gas �F ;i subject to regulation under the federal Natural Gas Act,United States Code,title z•; 15, section 717,et.seq.,designed to operate at pressures in excess of 275 pounds -_�.1: :- ' - a - per square inch (gauge) with a length greater than: t" (1)five miles if the pipeline will be constructed and operated within ~� "4-..-4.�.4. an existing right-of-way; or 1"'`''" " '`"':` •"° (2)0.75 miles if construction or operation will require new tempo- 5 rary or permanent right-of-way; _ Y: the EQB is the RGU. This item shall not apply to the extent that the application " $. z_ is expressly preempted by federal law, or under specific circumstances when an ,A_Z actual conflict exists with applicable federal law. ..i4f D. For construction of a pipeline to convey natural or synthetic gas that ..-t'!-? 3 is not subject to regulation under the federal Natural Gas Act, United States _- Code,title 15,section 717,et;seq.;or to a license,permit,right,or franchise that .-_i4., ..=', =j ;;:1- ' has been granted by a municipality under authority of Minnesota Statutes, sec- �-:� tion 216B.36;designed to operate at pressures in excess of 275 pounds per square ;�,' inch (gauge) with a length greater than 0.75 miles, the EQB is the RGU. Items A to D do not apply to repair or replacement of an existing pipeline r'c ='.1<.' : within an existing right-of-way or to a pipeline located entirely within a refining, storage, or manufacturing facility. t 1' Subp. 8. Transfer facilities. Items A and B designate the RGU for the type .. .. 1i=?; of project listed: . .1'3 •,i-z; A. For construction of a facility designed for or capable of transferring • %y .E�; 300 tons or more of coal per hour or with an annual throughput of 500,000 tons ?• ; of coal from one mode of transportation to a similar or different mode of trans- ,4 ,, portation, or the expansion of an existing facility by these respective amounts, •2_ • •:.3�.: the PCA shall be the RGU. _� .i"z;' B. For construction of a new facility or the expansion by 50 percent or :i: -- more of an existing facility for the bulk transfer of hazardous materials with the s-; capacity of 10,000 or more gallons per transfer,if the facility is located in a shore- -,-•• land area, delineated flood plain, a state or federally designated wild and scenic a-s f: rivers district Minnesota River Project Riverbend area,or the Mississippi head- t' ° the PCA shall be the RGU. _ ,;,_i. .:,1' waters area, • ""'`f_:'_��` Subp.9.Underground storage.Items A and B designate the RGU for the type N_ .-__z:;. `- of project listed: • • 't1 .°" A. For expansion of an underground storage facility for gases or liquids - i4_11 that requires a permit, pursuant to Minnesota Statutes, section 84.57, the DNR 11 shall be the RGU. .-1- ‘ --�).' B. For expansion of an underground storage facility for gases or liquids, ;:1,:1 using naturally occurring rock materials,that requires a permit pursuant to Min- t.' < 1 .1 ,111 nesota Statutes, section 84.621, th •e DNR shall be the RGU. mi,;: Subp. 10. Storage facilities.Items A to C designate the RGU for the type of 11: project listed: :f>t; : '''*4 '+;i1i. rY iy<� •. - :,'' . .r.' mss:' .+'µrd -:--;:','.-_-_,.-;:-..,-: ::-.-!,.4,3.� .:',1-7-1-7.15•;,.:4..::-,'.l .;' -D4 r` v .... ....... �.., zv w•!'L .r+ FIT R 3447 ENVIRONNIENI'AL REVIEW; CRITICAL AREAS 4410.4300 3446 gn more A. For construction of a facilitydesigned for t of more le of s oring tonse anon than 7,500 tons of coal or with an annual throug p c the i f coal; or the expansion of an existing facility by these respective amounts, the of capable PCA shall be the RGU. syn- B. For construction of a facility on a single site designed for or y the 1,000,000 gallons or more of hazardous materials, the PCA shall be the igncd of storing • ith a RGU. for or ' C. For construction o oat of liquefiednatural gas, ynthletiee f gas storing anhy- • other :L single site 100,000 gallons or m drous ammonia, the PCA shall be the RGU. Subp. 11.Metallic mineral mining and processing.Items A to C designate the RGU for the type p of project listed: is gas A. For mineral deposit evaluation of metallic mineral deposits other shall title than natural iron ore and taconite, the of a stockpileDtaRngs basin, me Gne by 320 or more Bunds B. For expansion acres, the DNR shall be the RGU. processing facility that is vithin C. For expansion of a metallic mineral plant tr or more, providedh that capable of increasing production by 25 percent per y �m o- ;`' increase is in excess of 1,000,000 tons per DNR shall be theear in the se of RGU facilities for process- --:- ing natural iron ore or taconite, t cation - Subp. 12.Nonmetallic mineral mining.Items A and B designate the RGU for ten an =. the type of project listed: A. For development excavation on of 160 orr the extraction or mining moremo a acres of land during dof ts exist as that -` �-i. . •- which will result inthe exc States `= f< tence, the DNR shall be the RGU. se that ='�.:BB. For development of a facility for the extraction or mining of sand, ;s, sec- _. gravel,stone,or other nonmetallic minerals,other than peat,which will excavate square �'•"`� 40 or more acres of land to a mean depth of ten feet or more during its existence, •.; the local government unit shall be the RGU. :finingg,finn . Subp. 13. Paper or pulp processing mills.For expansion of an existing paper : , , or pulp processing facility that will increase its production capacity by 50 percent ,'-:_tor more, the PCA shall be the RGU. Ce type : Subp. 14.Industrial,commercial,and institutional facilities.Items A,B,and ..,. project listed, except as provided in items . .1--,..;-,., C designate the RGU for the type of p j ..- s •fot ns D andE: f trans-tons ?= A. For construction of a new or expansion of an existing warehousing, t,�;4. f _ �;, or light industrial facility equal to or in excess of the following ; expressed as grossthe local governmental unit shall be the RGU: Counts, floor space, :�: (1) unincorporated area, 150,000; rr;r cent ore .r_,Y .,.. (2) third or fourth class city, 300,000; lith the _:;:,r; (3) second class city, 450,000; t shore- '��"' i scenic (4) first class city, 600,000. A head- ...--...c. B.For construction of a new or expansion of an existing industrial,corn- - ,--.. mercial,or institutional facility,other than a warehousing orlight industri as r al ffloor acil- he type Xity, equal to or in excess of the following thresholds, expressed . space, the local government unit shall be the square feet; liquids ..,. .. (1) unincorporated area, 100,000 :e DNR } - . -(2) third or fourth class city, 200,000 square feet; (3) second class city, 300,000 square feet; to Min- _, - . (4) first class city, 400,000 square feet. to M n C;For construction of a new or expansion of an existing industrial,com- round area, if mercial, or institutional facility of 20,000 or more of land use • 1 type of ;' :; the local governmental unit has not adopted app 17 • 1,. 4I11.�� .z+� 'A, "`L= 4410.4300 ENVIRONMENTAL REVIEW; CRITICAL AREAS 3448 ..t.:-..-: ..#_6-_, = : z_ �::: licable, and either the project � `'- -�'� management district ordinances or plans, as app .: ;- ,-,--!-;,--.-‘,-4,„= involves riparian frontage or 20,000 or more square feet of ground area to be ?r,: ��;: . �='t� ;-�; developed is within awater-related land use management district, the local gov- ,,,�'� i;. only PP 'a. . •'-'' ti; crnmcnt unit shall be the RGU. However, this item applies to shoreland r � ; areas, floodplains, and state wild and scenic rivers land use districts if the local '.." �_ unit of government has received official notice from the Department of Natural `" Resources that it must adopt applicable land use management district ordinances , . oi '`•fi within a specific period of time. t D. This subpart applies to any industrial, commercial, or institutional "` :' • project which includes multiple components, if there are mandatory categories '' ,;.s; specified in subparts 2 to 13, 16, 17,20,21, 23, 25, or 29,or part 4410.4400,sub- • t: ......•T •! parts 2 to 10, 12, 13, 15, or 17 for two or more of the components, regardless of _Y<� r' whether the project in question meets or exceeds any threshold specified in those �. ,•:_: 44. t'` sub arts. In those cases, the entire project must be compared to the thresholds '._..,; rpt• subparts. specified in items A and B to determine the need for an EAW. If the project meets .�F,-- .�s�� �;; or exceeds the thresholds specified in any other subpart as well as that o item :; , ,� A or B, the RGU must be determined as provided in part 4410.0500, subpart 1. '....--3:-.- 'i• E. This subpart does not apply to projects for which there is a single .. '', � 5:,•: mandatory category specified in subparts 2 to 13, 16, 17, 20, 23, 25, 29, or 34, ?• `- - ; �=- or part 4410.4400, subparts 2 to 10, 12, 13, 17, or 22, regardless of whether the ��' - i'." 1 : project in question meets or exceeds any threshold specified in those subparts. ;;; :<� ="<.��' � 7;:,;�- ,- In those cases, the need for an EAW must be determined by comparison ofthe `t'' project to the threshold specified in the applicable subpart, and the RGU must :r . .r ..=-....:?" ,.: be the governmental unit assigned by that subpart. • - • Subp. 15. Air pollution. Items A and B designate the RGU for the type of 4 project listed: --;q.-..,--4-::;- A. For construction of a stationary source facility that generates 100 <'• °^' tons or more per year of any single air pollutant after installation of air pollution ,-.1. ••,-74%--q, control equipment, the PCA shall be the RGU. • B.For construction of a new parking facility for 2,000 or more vehicles, ?4 ,: the PCA shall be the RGU,except that this category does not apply to any parking `_ <' .I facility which is part of a project reviewed pursuant to part 4410.4300, subpart •• 4.- 14, 19, 32, or 34, or part 4410.4400, subpart 11, 14, 21, or 22. ,: . t 1z' Subp. 16. Hazardous waste.Items A to D designate the RGU for the type of _ ?'-',t4r project listed: ' t A. For construction or expansion of a hazardous waste disposal facility, 1- - the PCA shall be the RGU. B. For construction of a hazardous waste processing facility with a '-�. ...Y- the PCA shall be the RGU. ' ;_ ' capacity of 1,000 or more kilograms per month, -•-•-•0,:-..i C.For expansion of a hazardous waste processing facility that increases .1 1 its capacity by ten percent or more, the PCA shall be the RGU. _ -> 3- ;' D. For construction or expansion of a facility that sells hazardous waste . =,=----3s storage services to generators other than the owner and operator of the facility • s tti or construction of a facility at which a generator's own hazardous wastes will be :,`r`E °a . stored for a time period in excess of 90 days, if the facility is located in a water- ` .,. .;:= -t ;z:>:;: }A ' related land use management • district,or in an area characterized by soluble bed- `�• _':• rock, the PCA shall be the RGU. "*)1 Subp. 17.Solid waste.For the type of project listed in items A to F,the PCA •'•= a-• ;: is the RGU unless the project will be constructed within the seven-county Twin • -nt. t-,7, Cities metropolitan area, in which case the Metropolitan Council is the RGU. `: _ t3;' A. Construction of a mixed municipal solid waste disposal facility for ' • :- pi's••- up to 100,000 cubic yards of waste fill per year. =:i 1; ' =4.41 fi B. Expansion by 25 percent or more of previous capacity of a mixed ':: . 1_ ; municipal solid waste disposal facility for up to 100,000 cubic yards of waste fill • ";t:= ,' per Year. r 1.4 ... A - _- - __ -- -.- .._- .._ � �saxYuiiu�"r' 1 tx �' •,.s ~ .tom' _� S_"•£..c"L D .,,,�+r3 !'T�. ''SS-.Zi` �t. i ,..,.'F ;. .S ' ' i . :i fs ht veTab� ...c;+ .vtr : .er .-..;:e, ., — - • v..:�c—: 3448 3 449 ENVIRONMENTAL REVIEW; CRITICAL AREAS 4410.4300 he project C. Construction or expansion of a mixed municipal solid waste transfer area to be station for 300,000 or more cubic yards per year. local gov- D. Construction or expansion of a mixed municipal solid waste energy shoreland recovery facility or incinn�cioutilization e or efu�e derivedf an if g l,awith cilitofapace If the local combustion of mixed mu pal solid wast of Natural ity of 30 or more tons per day of input. )rdinances E. Construction or expansion of a mixed municipal solid waste compost facility or a refuse-derived fuel production facility with a capacity of 50 or more stitutional tons per day of input.crevious 44tegorib- F. Expansion by at least ten percent but less than 25 percent of p 4400,sub- capacity of a mixed municipal solid waste disposal facility for 100,000 cubic gardless of yards or more of waste fill per year. ed in thresholdsthose G. For construction or expansion of a mixed municipal solid waste energy recovery facility ash landfill receiving ash from an incinerator that burns eject teem refuse-derived fuel or mixed municipal solid waste, the PCA is the RGU. gst of item 18. Sewage systems. Items A and B designate the RGU for the type subpart 1. :: Subp. is a single of project listed: 29, or 34, A. For expansion, ifiesutl modification, or inran increarse nn design average daily et of a municipal or Nether the domestic sewage collectionsystem e subparts. .c. flow of any part of that system by: ison of the (1)500,000 gallons aser aWas e Control Commission Systemy or more in a first or second class to=the .RGU must in any city served by the Metropolitan Western Lake Superior Sanitary Sewer District System; :het a of (2) 100,000 gallons per day or more in System orclass the cWe tern Lake ity not served YP ,:; _ by the Metropolitan Waste Control Commission erases 100 Superior Sanitary Sewer District System; not served r pollution J3 (3) 50,000 gallons per day or more System ori thecWestern Lakeit by the Metropolitan Waste Control Commission :e vehicles, Superior Sanitary Sewer District System; or ny)0, parksubpart -.:-•- )0, (4) 50,000 gallons per day or more in an unincorporated sewered )0, subpart area, the PCA shall be the RGU. ::4- an- B.For expansion facility which results inf an increase of 50 percent municipal oror lmore estic the type of �` wastewater treatment ""-'3 of its average wet weather design flow capacity,or construction of a new munici- sal facility, - , pal or domestic wastewater treatment facility with an average wet weather design — flow capacity of 50,000 gallons per day or more, the PCA shall be the RGU. 'ity with a :":j. ..',2 Subp. 19.Residential development.An E ujt�matel required be developed on residential d vel- e RGU. y opment if the total number of units that may the .t increases -- = tiguous land owned or under enn optionis identifiedafo r es residential developmentby : and that is :" zoned for residential development :lows waste an applicable comprehensive plan,equals or exceeds a threshold of this subpart. the RGU shall include the number :he facility i - In counting the potal lans of heer of ultimate prroposer;for land for whichsthhee product of the nuoser has not yet ices will be -i,- f units in any p in a water- : r w prepared plans,the RGU theshall maximumthe number of units per acre allowable under >luble bed- `°yr ber of acres le z multiplied by requires review but future ""'�-,- the applicable zoning ordinance. If the total project ect sequentially in the PCA -:.-„!--;-i:. - phases are uncertain, the RGU may review the ultimate prof unty Twin ;;•;.;--' • accordance with part 4410.1000, subpart 4. :he RGU. "--.1-,:„..--, If a project consists of mixed unattached and dividing units, an EAW number of mustt plus the facility for "r. ' be prepared if the sum of the quotient obtained Yapplicable the applicable unattached unit threshold of item A or BP •_f s=• taches units by dividing the number of attached units by If a mixed {_ y qu ached unitniathrd by equals or exceeds one.Items A and B es- fwaste fill '.;:r...-‘:- attached threshold of item f P°oject sted. • • =e. •�` ignate the RGU for the type `t' f 7;'~ '' -'.' 4410.4300 EMVIRO\\IE\"CAL REVIEW; CRITICAL AREAS 3450 --,-1,0:.{ A.The local governmental unit is the RGU for construction of a perma- _ -_- •,_4'.`V. nent or potentially permanent residential development of: U'•-4.! (1) 50 or more unattached or 75 or more attached units in an 1' unsevered unincorporated arca or 100 unattached units or 150 attached units in a severed unincorporated area; (2) 100 unattached units or 150 attached units in a city that does " - " `'= i ;• not meet the conditions of subitem (4); " ' (3) 100 unattached units or 150 attached units in a city meeting the conditions of subitem(4)if the project is not consistent with the adopted compre- • * hensi�•e plan; or _ ,, -, : } (4) 250 unattached units or 375 attached units in a city within the '.��• i seven-county Twin Cities metropolitan arca that has adopted a comprehensive . : ,,;.°t' plan under Minnesota Statutes, section 473.859, or in a city not located within ,,,.... 1'--, - the seven-county Twin Cities metropolitan area that has filed with the EQB chair i• , a certification that it has adopted a comprehensive plan containing the following T elements: • `- :: (i) a land use plan designating the existing and proposed loca- ='=` tion, intensity,and extent of use of land and water for residential,industrial,agri- '` '- "' . ' '..5.4.--' -' cultural, and other public and private purposes; r Et - .1:17, (ii)a transportation plan describing, designating, and schedul- • 4., -`'"==` ing the location, extent, function, and capacity of existing and proposed local 4-� -,:r public and private transportation facilities and services; ..-•-•Yii kr f , _' . `,z.. 1T. (iii)a sewage collection system policy plan describing,designat- '` �' '_. ing, and scheduling the areas to be served by the public system, the existing and t,'; planned capacities of the public system,and the standards and conditions under •• which the installation of private sewage treatment systems will be permitted; --t`�: i. (iv) a capital improvements plan for public facilities; and (v) an implementation plan describing public programs, fiscal " E z-2r,, devices, and other actions to be undertaken to implement the comprehensive - '>-'€ • plan,and a description of official controls addressing the matters of zoning, sub- • • • '' . .� division,private sewage systems,and a schedule for the implementation of those ., 14 :-i: controls.The EQB chair may specify the form to be used for making a certifica- s'-=, tion under this subitem. 3�t-«j; B.For construction of a permanent or potentially permanent residential r =s'>> -: development of 20 or more unattached units or of 30 or more attached units, if . �' `'*--•`, the local governmental unit has not adopted approved water-related land use `:`=; t management district ordinances or plans, as applicable, and either, the project = i. involves riparian frontage or five or more acres of the development is within a ::i -• - ' . water-related land use management district, the local government unit shall be _i. the RGU. However, this item only applies to shoreland areas, floodplains, and << state wild and scenic rivers land use districts if the local governmental unit has `J-14. received official notice from the Department of Natural Resources that it must -,,,pli adopt applicable land use management district ordinances within a specified R period of time. ,_ : aj :.4':,, #t Subp.20.Recreational development.For construction ofa seasonal or perma- - _. t;, nent recreational development, accessible by vehicle, consisting of 50 or more Au;. sites, the local government unit shall be the RGU.• f .t Subp. 21. Airport runway projects. For construction of a runway extension :• ;;. - that would upgrade an existing airport runway to permit usage by aircraft over ii ..:.1•2 12,500 pounds that are at least three decibels louder than aircraft currently using -• -- . . � 4-; � the runway, the DOT or local government unit shall be the RGU. :14i.:.,4= .43Subp. 22. Highway projects. Items A to C designate the RGU for the type Y 4 -,- : of project listed: <s:,:~Fra A. For construction of a road on a new location over one mile in length t: • 3 ; • ot.L - - - _ _ r- :,:,;;;%14,--• t ... X'' ' , A'eV fyiXb y" -r�, . r �.,,i;tf '- •':-ot.,,•,-1,.t/.. • . � • : . Ys. •� t • ..'i-_. t '-• -•f y454, -e!.: - _ T -� • •- _ i, : �}' rw .'C;�1'�.. • - _� ,-, t+ �?• J cGi- _•AJ•. . ►`S/K1 -.:.ia0,12•••••yr•>•-,,aya v Yet �a.. 'r:, 'lt, ,c e+ \ •.a•.•r ~ 1✓s. ....�.. '- -3 f 3450 3451 ENVIRONMENTAL REVIEW; CRITICAL AREAS 4410.4300 prrma- that will function as a collector roadway,the DOT or local government unit shall be the RGU. road for a sin an B. For constructionremiles, he DOT or local government unit shall bof additional travel lanes on an e the RGU units in length of one or more C.For the addition of one locaor hgovernment un tore new ns all be the RGU leted lim cat does ited access highway, the DO Subp. 23. Barge fleetinhe DOT or port author ty shall bruction of a new or e he RGU.an exist- ting • the ing barge fleeting facility, 24.Water appropriation and impoundments.Items A to C designate the :ompre_ Subp. y listed: RGU for the type of projectpurposes of :hin the A. For a new appropriation for commercial or industrial hensive „ either surface water or ground water averaging 30,000,000 gallons llor riper mot 540or i «ithiithin anew appropriation of either ground water or . the DNR shall B chair acres or more in one continuous parcel from one source of water, flowing be the RGU. B. For a new oradditional more acres, the DNR shall be the RGU.ermanent impoundment of ater creating .d loca- � a water surface of 160 orthe DNR shall be the RGU. al,agri- C. For construction of a Class II dam, i Subp. 25. Marinas. For construction al of 20,000 ortive more expansion of a marina feet of tempo- ed or harbor project which resultsor maneuvering _d local • rary or perm, the localer overnace area used for docks,ment unit shall be the RGU.docking, of watercraft, theg esig net- = Subp. 26.Stream diversion.For tthe tn orrmore square miles or a designated ing and watercourse with a total watershedofart 4410.4600, subpart 14, item E, or 17,the .sunder = - trout stream,unless exempted by p itted• local government unit shall be ot pre otected waters.Items A and B designate the RGU GU. --_ and :F Subp.27.Wetlands and p s, fiscal . =• for the type of project listed: hensive A. A.For projects that will change or diminish the ue,current,or cross- ng,sub- section of one acre or more of any protected water or protected xcept ' for those to be drained without a permit pursuant to Minnesota Statutes,section ertifica-those = the local government unit shall be the RGU. 105.391, subdivision 3, B.For projects that will change or diminish the course,es 3hrought8 wetland units,al section of 40 percent or more or five protected wetlands,�ff tany paor more acres rt ofo the wetland d is units, if of 2.5 acres or more, excluding p a state or federally designated and pr use withina a shorelandnicarea,i delineated flood plain, unit shall rbbe the RGU. iver project wild and scenic rivers district, the MinnesotaoernmentProject Riverbend area, or vithin a the Mississippi headwaters area, the local ms A to D designate the RGU for the *., Subp. 28.Agriculture and forestry. shall be <> ns, and type of project listed: on public lands mit has A. For harvesting of timber for commercial purposes it mustwithin a state park, historical area, wilderness area, scientific and natural area, pecified •-....,,_ .,: the Minnesota River Project Riverbend d area, the wild and scenic rivers district, e Mississippi headwaters area,or critical area that does not have an app roveperma- under Minnesota Statutes, section 86A.09 or 116G.07, the DNR shall be the ,-c..' ir more RGU. of or more ? B. For a d wthiniasho eland area ndtw thin 100 feet of the ordinary tension =. `" of which is located w ift over - high water mark of the lake or river,re c DverRsi shn all f be the or more acres of forest C.For projects resulting ly using open space land use, the local govern- -!•-4.:. or naturally vegetated land to a differing p �'` ment unit shall be the RGU. he type in the permanent conversion of 80 or more D. For projects resulting i length xj; acres of agricultural,forest,or naturally vegetated land to a more intensive,devel- �: T �.: : it1; 4410.4300 ENVIRONMENTAL REVIEW; CRITICAL AREAS 3452 , ,'; oped land use, the local government unit shall be the RGU,except that this item . :• .:4 € does not apply to agricultural land inside the boundary of the Metropolitan - _ Urban Service Area established by the Metropolitan Council. '"'•• Subp. 29. Animal feedlots. For the construction of an animal feedlot facility '_ , } with a capacity of 1,000 animal units or more or the expansion of an existing • ._i;.. -4 facility by 1,000 animal units or more or construction of a total confinement ani- " • _ , mal feedlot facility of 2,000 animal units or more or the expansion of an animal "-4 feedlot facility by 2,000 animal units or more if the expansion is a total confine- ; _ ;_. t., " ment facility, the PCA shall be the RGU. -;i'i� ' Subp. 30. Natural areas. For projects resulting in the permanent physical •,__ .t, • encroachment on lands within a national park, state park, wilderness area, state " lands and waters within the boundaries of the Boundary Waters Canoe Area,sci- - it.t entific and natural area,or state trail corridor when the encroachment is inconsis- ..::11/'I: tent with laws applicable to or the management plan prepared for the recreational 4%1 "•-. unit, the DNR or local government unit shall be the RGU. s <: Subp. 31. Historical places.For destruction of a property that is listed on the -,ala National Register of Historic Places, the permitting state agency or local unit of `- `'' -3-'';:=�t • government shall be the RGU. - r--~ - . ,-.1,-,•:,t' Subp. 32. Mixed residential and industrial-commercial projects. If a project includes both residential and industrial-commercial components, the project _ iii;:>-,,.. : :.. � � = ..:1-. must have an EAW prepared if the sum of thequotient obtained bydividingthe . �; ""` ,,; t number of residential units by the applicable residential threshold of subpart 19, ,0•Z-4 }; plus the quotient obtained by dividing the amount of industrial-commercial gross '" floor space by the applicable industrial-commercial threshold of subpart 14, ':`' �f equals or exceeds one. The local governmental unit is the RGU. . 's i Subp. 33. Communications towers. For construction of a communications _ ,-•1 ,. tower equal to or in excess of 500 feet in height, the local governmental unit is the RGU. -• s: Subp. 34.Sports or entertainment facilities.For construction of a new sports 3 ..-- AA or entertainment facility designed for or expected to accommodate a peak atten- = dance of 5,000 or more persons, or the expansion of an existing sports or enter- a -mt.'',; tainment facility by this amount, the local governmental unit is the RGU. ; • Statutory Authority:MS s 116D.04; 116D.045 .i- History: 11 SR 714; 13 SR 1437; 13 SR 2046 ' -`� `` 7s 4410.4400 MANDATORY EIS CATEGORIES. 't 'w Subpart 1. Threshold test. An EIS must be prepared for projects that meetv = Y;:r_" , or exceed the threshold of any of subparts 2 to 24.Multiple projects and multiple r , x-. stages of a single project that are connected actions orphased actions must be F. _ = „,4, g gl P j '_ . considered in total when comparing the project or projects to the thresholds of this part. ="Ti Subp. 2. Nuclear fuels and nuclear waste. Items A to D designate the RGU A. .= =t i for the type of project listed: :.`w A. For the construction or expansion of a nuclear fuel or nuclear waste :5... ;jam,; processing facility, including fuel fabrication facilities, reprocessing plants, and ,E ,t: uranium mills,the DNR shall be the RGU for uranium mills;otherwise,the PCA cj , AF: V shall be the RGU. >':;, I ';F !t• B. For construction of a high level nuclear waste disposal site, the EQB ='�Y _ _} shall be the RGU. ' I -;'2i°z: C.For construction of an away-from-reactor facility for temporary stor- i >: .. age of spent nuclear fuel, the EQB shall be the RGU. `-> . D. For construction of a low level nuclear waste disposal site,the MDH c4-. I •If z- ' shall be the RGU. ._ - - `:•'t4i Subp. 3. Electric generating facilities. For construction of a large electric 11: power generating plant pursuant to part 4410.7000, the EQB shall be the RGU. , ,.._: •0 1 7 7 _ .7 j i rA+9-ssvlfx�i•.."�:e_-LliiL^ ;i�'• .. The Shakopee City Council 129 Holmes Street Shakopee, MN 55379 Shirley Rutt HC1, Box 59 Boy River, Minnesota 56632-9714 February, 26, 1994 Dear Council Members, This letter concerns the Fischer Gravel Pit Expansion Plan located off Co. Rd 83 . Please let me give you a little history of the situation. We bought the Earl property in197 's therin e were test boringwith a s easement for the driveway. Y possibility of the surrounding and rumors that there was the p Y property becoming a gravel pit. Zones had been changed and were rechanged to make this possible. In the late 1970 's we wanted to build a new house on then property. iblertyWe were to stipulation uy land from Scotland ut on by the city made it next to imp make a wider road to the Lumber Company (surrounding land) to mathat time we had a $10he property, and donate it to the city. By 00 in loan and other proceedings, but dropped it realizing Scott Co. Lumber would in no way heen becauseto ° theytwere planningthat uto ld increase the value of our property get the gravel pit in. See attached Letter from City of Shakopee dated 11-5-79 . For many years we attended meetings, court sessions, and got petitions to opposingthe opening of the gravel pit. It is now obvious the gravel pit is and will be here! Last fall we met with Matt Fischer and he made us an offertffer ty o purchase our property. We agreed and were very happy• after that we learn that the city has an ordinance that would does not want to include our prevent this, we hear that the council five acres in the mining operation. WE ARE DEVASTATED ! ! The neighbors were happy that we would be able to sell the properta new area, ty y. The gravel pit is not asking to establish hraounded on three sidest want to include this five acre property, and part of the fourth by gravel pit property. I think this situation is worthy of an exemption. What are we to do with it 7/,'7''',??7?? Would YOU want to live THERE ????,77? have ed ur The gravel pit and its proso edlto relocate thelgasomainland for 20 years . Mr. Fisher hasp p mine the pit in a much better Pw 11 addss ntax base forwhat was rthencity approved for the pit. The newplan the land will somehow in 15 to 20 years . Using the existing plan be filled with whatever material is found and then use n anythinghis could take indefinitely or longer, take to and at receivet point, additional tax be built on it? Howlong base? If you want to see how nice a reclaimed pit looks, take a drive to see The Meadows Addition in Shakopee. How HowWemany tomes need have been built there in the last five (5) y e an abandoned pit and Reservation Land the proposed plantforbMre' Fisherse think this through and approve Our retirement money is bound up in this property. We continue to pay good taxes, but now when we have a chance to sell it, the city is considering making the sale impossible. THIS IS UNFAIR ! ! As I see it, a much better use of the property would be put on the city's tax rolls when the proposed project is complete. It would certainly be great toge living.settled haveoI could use glucogonoma, samrae �e the proceeds while I'm still form of cancer, may be looking at a few months or few years . Who knows? We have expensive insurance and medical bills . My medicine costs over $1100 per monthplus e. We are asking you to allow for consideration of the above facts when making your decision. Thank you. Sincerely yours, ›Pl-e-t.b---ei '// e Shirley M. Rutt If you have questions, please call 218-566-1592, or sometimes I'm at 445-5060 in Shakopee. „�; CITY OF SHAKOPEE Zrii_ ;,moi It 129 East First Avenue, Shakopee, Minnesota 55379 .N ' 1. ' 1,44140V,:.7/ � ggiA-- MEMO Julius A. Coller, II , City Attorney TO: Douglas S . Reeder, City Administrator FROM: SUBJECT: Rutt Building Permit DATE: November 5 , 1979 • After considering the October 23 , 1979 , memo from Dave Dacquisto and after a review of the zoning ordinance eoand nsultant , discussion with the City Attorney and our Planning I have reached the following determinations in the request for this building permit. ed to 1 . ) The lot upon lotlof recordthe usasse ls definedsby the - constructed is City Code Section 11 :03 , Subd . 3 . 2 . ) The use proposed is a continuation of an existing permitted land use which does not totally conform with the current Ctructedty Code doesbecause not havelot frontagewhich a public house is constructed road. 3 . ) Subdivision 2 of Section 11 :03 of the City Code _allows alterations to be made of existing non-conforming structures when the alterations improve the liability of the dwelling unitandfdohnot increase the number of dwelling units or bulk 4. ) Subdivision Section principalof the City Costructures ondthe specifically prohibits two same lot . • Conclusion: My interpretation of the intent ifof thehownerCity provides ahletter the Building Permit can be issued of credit for $5 ,000 to insure the demolitionrofosthe e original home on the property . I am considering PoP structure as an alterateanlandwhich usewill on Phemlotit tof recordcontinuation of the existing permit .cc. 4Building'Permt”`File DSR/ jiw CITY OF SHAKOPEE 129 East First Avenue, Shakopee, Minnesota 55379 • ' + '/,- 7 MEMO TO: Doug Reeder , City Admin. FROM: Dave Dac uisto Ass t . Zoning Admin . SUBJECTRutt Building Permit Request DATE: October 23 , 1979 Mr. Rutt requests a Building Permit to construct a home on 4 an existing five acre parcel of land in an AG District . There is presently an existing home on the land and the parcel is not on a dedicated public road. The two main issues involved are : 1) the issuance of aBuildding . Permit for a land not on a dedicated public blotwhen road dnd on 22the; ) issuance of a permit for a second home home is permitted by law. The City cannot , by Conditional Use Permit , or Variance , allow • - the construction of a home on land having notaccessvos nnawpsbli.ic ally dedicated road . To secure the Permit , as an easement should be increased landooverOwhi0 �h thet hroad mustt and dedicated to the City . pass is owned by Bert Notermann, and at this the applicant . unwilling to sell the needed right-of-way , according A reason for this is that Mr. Note mannime , intends am toure minehthe area w for gravel in the future . At this this will affect the property question, however , it seems that if the easement itself may disappearit is not secured as public right-of-way• This andwwoulddlland-lockthe pitperThisipointh � would access to a public road need to be resolved between Mr. Rutt and Mr. Notermann. Secondly , we are not generally allowed to permit two homes on one lot 'in the City of Shatheee . I would owtier agreesbe toidemolishfavr of orlmoveng a permit on this point if the existing structure once the new residence is completed and an Occupancy Permit issued . To insure httthe the existing Cityrresidence is demolished or moved , I wouldrequest letter of credit in the amount of $5 ,000 . if the applicant can secure the I would not oppose the building pP land from Mr. Notermann for a publically dedicated street . I would not advise issuance of the eoPermit otherwise even with the knowledge that it is an existing, c . DAD/jiw cc : Phyllis Knudsen / . 7! rj I, t. ...2-2 / ,, , !q - - ,., - (--6' 1-e- te----,,--,-,:- ri ,......„ 7 t . . (le.„1:•' r ,,,f 1,, C.)AS si / ' - 41f.r. 7(..e ( 07(i.',-v.r4 1- a-61-d/z4.----,-,- (3---( , - te-C,4.41., --7A-cf 72-eArr-C.4 b d .. .. .... . .. . 5 . ..._ ...t.4.4„,2...‹..„,..--"_ 1-- ,e_e...7-„ety..e....._„e- c.4.,-,--At ,1,4 i•-•-' - :.. 0-t-Xe4, ,Z.,•?... ,,,z-vK 4/T-4•••-v - -r ' :.,„.,.. (.,14.-y?„.,-/..&-i-e- {-•-•••,--scr_tyra... 12-e--,%• i•,,t,i!-,, rr.. .-_. ..r. - tinly.t-: . . _ - : .-z---\. . .., ... — - ' ._. . . -•.,, .a. ...-f-e,e- ---J..-)__ /...14.rtt,-e4•Q Al..r..1- 12 -r- ... .-.. 1 •.-, . - , - • L--(Ak a.-.---te.4,41-44) _ .... — `:.::: ..;•': .- . . ._...•. . 11e_/(e _.... ,,... . , • -.: . -.. 19,-1 -7,______ 7~_e-tr?-t/r-0-4., ? Ad-- - --• • -, - •: . . . .. ' • . . - . . • , ..-: . , ..• . . . - • . . ,. • -.• : •. .:- , ,. , • . . - .