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Home My WebLink About5.B.1. Preliminary and Final Plat of Koda Energy Addition, located north of 3rd Avenue and east of Adams St., in the Heavy Industrial (I2) Zone-Res. No. 6542 & ~, I, CITY OF SHAKO PEE Memorandum cnNsr~~T ...UI" 'ti~ CASE NO.: 06-085 ?r!;^' .~ "".,; TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary and Final Plat ofKoda Energy Addition MEETING DATE: December 5, 2006 / REVIEW PERIOD: September 28,2006 - January 25,2007 DISCUSSION Rahr Malting Company has submitted an application for preliminary and final plat approval of Koda Energy Addition. Please see Exhibits A and B for location and proposed plat. The plat, as currently proposed, contemplates the combination of several parcels into 2 lots. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the preliminary plat at its November 29,2006 meeting, and by a 4-0 vote, recommended approval of the preliminary plat application, subject to conditions. The Planning Commission report is attached to this report for the Council's reference. VISIONING RELATIONSHIP This action supports: Goal D: "Vibrant, resilient and stable" ALTERNATIVES 1. Approve Resolution No. 6542, approving the Preliminary and Final Plat for Koda Energy Addition, subject to the conditions presented. 2. Approve Resolution No. 6542, approving the Preliminary and Final Plat for Koda Energy Addition, subject to revised conditions. 3. Do not approve the preliminary and final plat and direct staff to prepare a resolution consistent with the direction ofthe Council. 4. Table the matter and request additional information from staff and/or the applicant. ACTION REQUESTED Offer a motion to approve Resolution No. 6542, a resolution approving the Preliminary and Final Plat ofKoda Energy Addition, subject to the conditions as presented by staff, and move its adoption. f :~ uhe Planner II h:\cc\2006\12-05\ppfpkoda energy.doc ~--~---"---'-"--'--- -------- --..-------.--.--- ------~ __"'_' ._____c_..._____"__~,._.__.~_.~~~_,,_._____'_______~.__ -~-_...-~--~---_.._- H. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission (SPUC) approve the Final Construction Plans and Specifications. I. The applicant shall obtain a NPDES permit prior to any land disturbing activity. A copy of this permit shall be provided to the City. J. A storm water basin, if required, providing rate control of storm water shall be provided at a location designated by the City of Shakopee. III. Following approval and recording of the final plat, the following conditions shall apply: A. Rain sensors for any irrigation system. B. A Certificate of Occupancy shall not be issued until such time as the Minnesota Pollution Control Agency (MPCA) has issued its permit. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held the _ day of , 2006. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk :W~ CITY OF SHAKO PEE Memorandum CASE NO.: 06-085 TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of Koda Energy Addition MEETING DATE: November 29,2006 REVIEW PERIOD: September 28, 2006 to January 25, 2007 SITE INFORMATION: Applicant: Rahr Malting Co. Property Owner: Rahr Malting Co. Location: North of3rd Avenue and east of Adams Street extended Existing Zoning: Heavy Industrial (12) Zone Adjacent Zoning: North: Heavy Industrial (I2) Zone South: Medium Density Residential (R2)/Old Shakopee Residential (R- lC)/Light Industrial (II) Zones West: Heavy Industrial (12) Zone East: Heavy Industrial (12) Zone Compo Plan: Industrial Acreage: Approximately 2.5 acres MUSA: The site is within the MUSA boundary. DISCUSSION Rahr Malting Company has submitted an application for preliminary and final plat approval of Koda Energy Addition. Please see Exhibits A and B for location and the proposed site plan. The subject site is approximately 2.5 acres. The applicant is proposing the combination of several parcels into 2 resulting lots. In May 2006, the Board of Adjustment and Appeals approved a Conditional Use Permit for the Koda Energy Plant on the. site. This application does not address the energy plant but rather is limited to the reconfiguration of property lines. The subject property is only a portion of the properties owned by Rahr. Rahr has stated that its long-term intention is to consolidate other properties into larger parcels in the future but at this time is electing to focus on the properties subject to this application. The lot sizes, as proposed, meet minimum size requirements. Because the property is currently subject to a multitude of property lines bisecting the property, consolidating the parcels into only two lots will significantly minimize the number of nonconformities due to setbacks, impervious surface requirements, and other design standards. The applicant is not proposing any changes to the development of the site other than what currently exists or has been previously approved. Other departments and agencies have reviewed the application and have provided comments. Please fmd attached copies of the comments received from the Engineering Department, Shakopee Public Utilities, and the Natural Resources Specialist. Appropriate comments from these agencies have been incorporated into the draft conditions of approval. Shakopee Public Utilities has commented that the applicant should contact'SPUC regarding water service and water system ownership. Scott County Environmental Health has commented that they believe an Environmental Assessment Worksheet (EA W) may be necessary for the construction of the Koda Energy Plant. This application does not contemplate review and/or approval of the Energy Plant. This application focuses solely on the platting of property. The Energy Plant was reviewed as part of a Conditional Use Permit (CUP) that the City approved in May 2006. Due to the nature of the comments received from Scott County Environmental Health, the applicant may wish to discuss this issue with the Minnesota Pollution Control Agency (MPCA). The Parks and Recreation Department has commented that due to the reconfiguration of property lines resulting in less parcels that what currently exist, park dedication fees would not be applicable. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council the approval of the Preliminary Plat of Koda Energy Addition, subject to the following conditions: I. The following procedural actions must be completed prior to the release of the Final Plat for recording: 1. Approval of title by the City Attorney. 2. Execution of a Developer's Agreement, which shall include provisions for security for all public improvements within the plat and the engineering review fees 3. Provide electronic (Auto CAD) files of the Final Plat and allrecord drawings to the engineering department. II. The following items shall be completed prior to the approval of a grading permit and/or a street/utility plan: A. The applicant must implement the.use of Best Management Practices for erosion control and storm water management during construction. B. The applicant must meet the City's Woodland and Tree Management Ordinance requirements. C. Placement of 6 inches of topsoil. The soil composition should be similar to the MnDOT topsoil borrow requirements. D. The applicant adheres to the NPDES Phase II permit requirements for erosion control before, during, and after earth moving activities. E. The applicant plant trees replacement species consistent with the 2006 Tree Planting Guidelines. F. The applicant utilizes a variety of coniferous and deciduous trees on the berm. G. The applicant provides storm water ponding detention and treatment on site. i H. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission (SPUC) approve the Final Construction Plans and Specifications. 1. The applicant shall obtain a NPDES permit prior to any land disturbing activity. A copy of this permit shall be provided to the City. J. A storm water basin, if required, providing rate control of storm water shall be provided at a location designated by the. City of Shakopee. III. The following items shall be completed prior to the release of the Final Plat for recording: A. Easements shall be shown on the Final Plat as approved by the City Engineer. They shall include, but not be limited to, the following: 1. Provide a minimum often (10) feet of drainage and utility easement adjacent to the 3rd Avenue right-of-way. IV. Following approval and recording of the final plat, the following conditions shall apply: A. Rain sensors for any irrigation system. VISIONING RELATIONSHIP This action supports: Goal D: . "Vibrant, resilient and stable" ALTERNATIVES 1. Offer a motion to recommend to the City Council the approval of the Preliminary Plat subject to the conditions as presented by staff. 2. Offer a motion to recommend to the City Council the approval of the Preliminary Plat subject to revised conditions. 3. Offer a motion to continue the public hearing to request additional information from the applicant and/or staff. 4. Offer a motion to table a decision and request additional information from the applicant and/or staff. 5. Offer a motion to recommend denial to the City Council of the Preliminary Plat. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the Preliminary Plat of Koda Energy Addition, subject to the conditions as presented by staff: and move its adoption. t#JI1N- P anner II h:\boaa-pc\2006\II-09\pp koda energy 2nd meeting 06085.doc Shakopee - Location Maps Page 1 ofl ~ N _ Subject Property W*E SHAKOPEE ....... 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SHar 2 OF 2 SHEUS eJftlBrT C / City of Shakopee Memorandum TO: Julie Klima, Planner II FROM: Joe Swentek, Project Engineer SUBJECT: Preliminary Plat and Final Plat - Koda Energy Addition PID NO.: 27-001294-0,27-001864-0,27-341000-0 CASE NO.: 06085 DATE: November 21,2006 The application indicates a request for Preliminary Plat and Final Plat approval of a Heavy hldustry (1-2) addition in the northwestern portion of the City. It is located along 3rd Avenue, West of Pierce Street on the Rahr Malting Company property. This review should be considered preliminary, as more comments are to follow with additional submittals. However, I offer the following comments at this time for the applicant and for the planning department: General Comments The follow items shall be completed prior to release of the Final Plat for recording: 1. Execution of a Developer's Agreement, which shall include provisions for security for all public improvements within the Final Plat and the engineering review fees. 2. Provide electronic (Auto CAD) files of the Final Plat and all record drawings to the engineering department. The following items shall be completed prior to approval of a grading permit and/or a street/utility plan: 1. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utilities Commission (SPUC) approves the Final Construction Plans and Specifications. 2. The applicant shall obtain a NPDES permit prior to any land disturbing activity. A copy of this pennit shall be provided to the City. C:lDocuments and SettingsVKlimalLocal SettingslTemporary Intemet filesIOLKAIPP.FP.Review.Koda.Energy.doc Page I of2 Z;;XJfl Brr t L 3. A storm water basin, if required, providing rate control of storm water shall be provided at a location designated by the City of Shakopee. Preliminarv Plat and Final Plat The following items shall be completed prior to release of the Final Plat for recording: 1. Easements shall be shown on the Final Plat as approved by the City Engineer. They shall include, but not be limited to, the following: . Provide a minimum of ten (10) feet of drainage and utility easement adjacent to the 3rd Avenue right-of-way. Storm Water Management Plan Review Prior to issuance of a building permit, the storm water management plan for the site shall be approved by the engineering department. Recommendation Engineering staff recommends approval of the Preliminary Plat and the Final Plat subject to the conditions above being addressed by the applicant prior to recording of the Final Plat. C:IDocuments and Seuings\JKlimalLocal SettingslTemporary Internet FilesIOLKAIPP.FP.Review.Koda.Energy.doc Page 2of2 ~r.:30-2006 15:44 SH01....0PEE PUBLI C UT I Ll TI ES 952445776'(' "'.~..s . GX-HrB/f. 'C) SHAKOPEE PUBLIC UTILITIES COMMISSION .. L i g h tin g . the Way - Yes t e r day, T 0 day and ~ e yond" . MEMORANDUM TO:. Shakopee Community Development Department , FROM: Josq,h D. Adams~ Planning and'Engineering Director SUBJECT: STAFF REVIEW RECORD COMMENTS for: Preliminary and Final Plat for Koda Energy Power Plant CASE NO: 06085 DATE: 10/30/06 COMMENTS; Muiiicipal water service is available subject to our standard terms and conditions.. theSe . . include, but are not limited to: mstalling a lateral water main distribution system in accordance with utility policy, paying the associated inspections costs. paying the Tnmk Water Charge, and paying the Water Connection Charge. . Underground electric service is available subject to our standard terms and conditions. These'include, but are nqt limited to: entering into an Underground Distribution Agreement. granting any necessary easements, and paying the associated fees. . Street Lighting installation is'available" subject to our standard terms and conditions. 'These are contained in the current City of Shako pee Street Lighting Policy. Applicant must pay the associated fees. Applicant should contact Shakopee Public Utilities directly for specific requirements . relating to their project. N~te: There are a number of questions concerning the present state oftbe water main distribution piping shown on the applicant's plans. SPU staff andRahr Malting pe.rsonnel should meet to discuss and resolve any differences of . (A/g . belief on where the public mun.cipal system ends Bnd the privately oWlle.d . and maintained system begins. Pipes owned, operated and maintained by SPU for the City mU$t be contained in defined easement 8reasthat are accessible to SPU personnel. Also, iUs unclear if the new energy plant wlIl require municipal water service and how that would be routed. Any plans for service must be approved by the Utilities Manager or his desigIied representative. Additional water main may be necessary to meet gPU's design criteria. The applicant should contact Joe Adams at 952.233.1501 to discuss the requirements. Post Office Box 470 .255 Sarazin Street. Shakopee, Minnesota 55379-0470 (952) 445.1988 . Fax (952) 445-7767 www.shakopeeutilities.com ----.. --- &XffIBrr~ CITY OF SHAKOPEE MEMORANDUM To: Julie Klima, Project Manager From: Ryan Hughes, Natural Resource Specialist Meeting Date: November 14, 2006 Subject: Rahr Malting Company Preliminary and Final Plat for Koda Energy Power Plant INTRODUCTION The Environmental Advisory Committee reviewed the Preliminary and Final Plat for the Koda Energy Power Plant at the November 8, 2006 regular meeting. DISCUSSION The Rahr Malting Company is proposing to re-plat existing property zoned Heavy Industrial to build a Combined Heat and Power Plant utilizing biomass as fuel. This project is a joint venture with the Shakopee Mdewakanton Sioux Community. Stanley Ellison, SMSC, and Bob Micheletti,.Rahr, were in attendance at the meeting and discussed the project and answered questions. The following issues were discussed at the meeting: Water Conveyance A storm water pollution prevention plan (SWPPP) has been completed for the project. As part of the plan a storm water retention pond will be constructed on site to accommodate the runoff from the additional impervious surfaces. Water Quality The design of the site will. be required to be in conformance with the Engineering Design Criteria for rate control and volume. The applicant proposes to construct a ponding system to provide treatment. Wetlands No wetlands occur on the site. , Woodlands According to the applicant the project does include the removal of 12 trees requiring replacement according to the Woodland and Tree Management Ordinance. These trees are currently utilized as a visual buffer on berms adjacent to West 3 rd A venue. The applicant proposes to replace the removed trees on a 1: 1 ratio and intends to place the trees on the site to provide a visual buffer between the facility and adjacent residential area. The replacement species are required to be consistent with the recommended tree species for replacement. eX-H I Brr fz, Grasslands According to the Minnesota Land Cover Classification System this area is identified as artificial surface. This area consists of paved streets, driveways, parking lots, and landscaping for residential homes and businesses. Soils According to the Natural Resource Conservation Service soils information the project area is primarily within the Sparta Loamy Fine Sand soil. This soil is classified as a non-hydric, excessively drained soil having a depth to wet soil moisture greater than 5 feet all year. The typical soil profile in this area is loamy fme sand over fine sand. This soil is not classified as. a highly erodible land. Wildlife Habitat The site is not included in the Natural Resource Corridor Map. The area provides little wildlife habitat for food or shelter. Noise The site is zoned Heavy Industrial and has been utilized as industrial by the Rahr Malting Company since 1847. The plant is expected to generate additional noise but no evaluation was submitted with the application. This issue was discussed with the applicant. Additional. truck traffic was a concern. The applicant discussed the new design for the facility which will redirect traffic away.from the residential area. The EAC commissioners did not have further concerns with the Issue. Visual The visual impacts from the site were reviewed with the applicants at the meeting. According to the applicants the facility will not be as high as the existing Rahr Malting facility. The potential pollution issues were discussed at the meeting. The applicants explained how the facility functions and the air pollution reduction measures incorporated into the design in conformance with Environmental Protection Agency and Minnesota Pollution Control Agency (MPCA) standards. The applicant will be required to obtain a Clean Air Act Permit from the MPCA prior to construction of the facility and will be required to be in compliance with all monitoring procedures of the permit. t3XH1BrTt3 ACTION The Environmental Advisory Committee recommended approval of the Preliminary Plat and Final Plat for Koda Energy Power Plant and the proposed impacts and mitigation measures to the water conveyance system, water quality, wetlands, woodlands, grasslands, soils, wildlife habitat, noise, and visual to the Planning Commission and City Council with the following conditions: 1. The applicant must implement the use of Best Management Practices for erosion control and storm water management during construction. 2. The applicant must meet the City's Woodland and Tree Management Ordinance requirements. J. Placement of 6 inches of topsoil. The soil composition should be similar to the MnDOT topsoil borrow requirements. 4. Rain sensors for any irrigation system. 5. The applicant adheres to the NPDES Phase II permit requirements for erosion control before, during, and after earth moving activities. P. The applicant plant tree replacement species consistent with the 2006 Tree Planting Guidelines. 7. The applicant utilizes a variety of coniferous and deciduous trees on the berm. -8. The applicant provides storm water ponding detention and treatment on-site.